City of Summit, NJ Zoning

R-43	Single-Family Residential Zone
R-25	Single-Family Residential Zone
R-15	Single-Family Residential Zone
R-10	Single-Family Residential Zone
R-6	Single-Family Residential Zone
R-5	Single and Two-Family Residential Zone
TH-1	Townhouse 1 Zone
TH-2	Townhouse 2 Zone
MF	Multiple-Family Residential Zone
MFT	Multi-Family Tower Residential Zone
MF/TOD	Multi-Family/Transit Oriented Development Zone
SFAH	Single-Family Affordable Housing Zone
CRBD	Central Retail Business District Zone
B	Business Zone
B-1	Business 1 Zone
NB	Neighborhood Business Zone
ORC	Office Residential Character Zone
ORC-1	Office Residential Character 1 Zone
LI	Light Industrial Zone
PROD	Planned Research Office Development Zone
PROD-2	Planned Research Office Development Zone
RO-60	Research Office Zone
PI	Professional Institutional Zone
PL	Public Lands Zone
G	Golf Zone
GW I	Gateway I Zone
GW II	Gateway II Zone

§ 35-4.1-2 Zoning Map.

[Ord. No. 03-2580 Art. 4 § 4.1-2; Ord. No. 04-2587 § 1; Ord. No. 08-2620 § 2; Ord. No. 08-2818 § 1; Ord. No. 09-2872; Ord. No. 10-2900]

The location and boundaries of the above districts are hereby established on the Zoning Map of the City of Summit in Union County which is filed in the office of the City Clerk. Said map or maps and all notations, references and designations shown thereon shall be part of this Article as if the same were all fully described and set forth herein. A copy of the Zoning Map is included in the Appendix of this chapter.

Map Amendments.

Pursuant to Ord. No. 09-2872, the Gateway II Zone was added to the Zoning Map.

Pursuant to Ord. No. 10-2900, the Multi-Family/Transient Oriented Development Zone was added to the Zoning Map.

Pursuant to Ordinance No. 2017-3132, the City Zoning Map shall be modified to reflect the Overlay Zone Areas identified by Block and Lot numbers herein below, and shall take effect immediately following its formal passage and publication as required by law, and filing with the Union County Planning Board.

OVERLAY ZONE BLOCK AND LOT NUMBERS FOR INCORPORATION INTO THE CITY ZONING MAP

1. Overlay Zone 1
Block	Lot	Property Address
3303	1	255-269 Broad Street
4002	32	105-107 Park Ave
4002	34	231-253 Broad Street, 111-113 Park
4002	36	261 Broad Street

2. Overlay Zone 2
Block	Lot	Property Address
3309	10	19 Summit Ave
3309	11	21 Summit Ave
3309	12	23 Summit Ave
3309	13	25 Summit Ave
3309	14	27 Summit Ave
3309	15	9 Industrial Place
3309	16	15 Industrial Place
3309	17	15-21 Industrial Place
3309	17.01	17 Industrial Place
3310	1	31-5 Summit Ave
3310	2	324-326 Broad Street
3310	3	320-22 Broad Street
3310	3.01	312-14 Broad Street
3310	3.02	316-18 Broad Street
3310	4	308-10 Broad Street
3310	5	290 Broad Street
3310	6	288 Broad Street
3310	7	278-288 Broad Street

3. Overlay Zone 3
Block	Lot	Property Address
402	1	527 Morris Ave
402	2	529 Morris Ave
402	3	531-33 Morris Ave
402	4	535 Morris Ave
402	5	44 Plain Street
402	6	42 Plain Street
402	7	40 Plain Street
402	61	10 Aubrey Street
402	62	8 Aubrey Street
402	63	6 Aubrey Street

4. Overlay Zone 4
Block	Lot	Property Address
1908	1	367 Springfield Ave
1908	2	371 Springfield Ave
1908	3	375-379 Springfield Ave
1908	4	381 Springfield Ave
1908	5	383-385 Springfield Ave
1908	6	387 Springfield Ave
1908	7	389 Springfield Ave
1908	8	395-397 Springfield Ave
1909	1	401 Springfield Ave
1909	2	407-409 Springfield Ave
1909	3	411-13-17 Springfield Ave
1909	4	419 Springfield Ave
1909	5	423-429 Springfield Ave
1909	6	431-437 Springfield Ave
1909	7	441 Springfield Ave
1909	8	443-445 Springfield Ave
1911	1-1.22	447-461 Springfield Ave (Acreage consolidated for Lots 1-1.22)
1911	2	463-469 Springfield Ave
1911	3	475 Springfield Ave
1911	4	485-487 Springfield Ave
1912	18	2-4-6 Kent Place Boulevard
2601	1	9 Union Place
2601	2	11 Union Place
2601	3	13 Union Place
2601	4	17-19 Union Place
2601	5	21 Union Place
2601	6	25 Union Place
2601	7	31-37 Union Place
2601	8	39-45 Union Place
2602	1	13 Beechwood Road
2602	2	17 Beechwood Road
2602	3	18-22 Bank Street
2602	4	12 Bank Street
2602	5	10 Bank Street
2602	6	90 Summit Ave
2602	7	88 Summit Ave
2602	8	84 Summit Ave
2603	1	21-5 Beechwood Road
2603	2	27 Beechwood Road
2603	3	358 Springfield Ave
2603	4	356 Springfield Ave
2603	6	350 Springfield Ave
2603	7	344-346 Springfield Ave
2603	8	96-98 Summit Ave
2604	1	341 Springfield Ave
2604	2	343-5-7-9 Springfield Ave
2604	3	353 Springfield Ave
2604	4	355 Springfield Ave
2604	5	357 Springfield Ave
2604	6	359 Springfield Ave
2604	7	361-365 Springfield Ave
2604	8	37 Beechwood Road
2608	5	321 Springfield Ave
2608	6	333 Springfield Ave
2608	8	107-113 Springfield Ave
2614	1	67 Summit Ave
2614	2	71 Summit Ave
2614	3	73 Summit Ave
2614	4	75-77 Summit Ave
2614	5	83-85-87 Summit Ave
2614	6	89 Summit Ave
2614	7	93-95 Summit Ave
2614	8	97-99 Summit Ave
2614	9	330-342 Springfield Ave
2614	10	326 Springfield Ave
2614	11	46 Glenwood Place
2703	1	494 Springfield Ave
2703	2	482-488 Springfield Ave
2703	4	478 Springfield Ave
2703	5	466-474 Springfield Ave
2703	7	462 Springfield Ave
2703	8	458 Springfield Ave
2703	9	446-456 Springfield Ave
2703	10	440-444 Springfield Ave
2703	11	438 Springfield Ave
2703	12	434 Springfield Ave
2703	13	430-432 Springfield Ave
2703	14	428 Springfield Ave
2703	15	426 Springfield Ave
2703	16	420 Springfield Ave
2703	17	412-414 Springfield Ave
2703	18	408-410 Springfield Ave
2703	20	402-404 Springfield Ave
2703	21	27-29 Maple Street
2703	22	23-33 Maple Street
2703	23	35-39 Maple Street
2703	24	41-45 Maple Street
2703	25	47-49-51 Maple Street
2704	1	46-50 Maple Street
2704	2	44 Maple Street
2704	3	42 Maple Street
2704	4	38-40 Maple Street
2704	5	34-36 Maple Street
2704	6	28-30-32 Maple Street
2704	7	26 Maple Street
2704	8	396 Springfield Ave
2704	9	392 Springfield Ave
2704	10	374-382 Springfield Ave
2704	11	67-71 Union Place
2704	12	73-75 Union Place

5. Overlay Zone 5
Block	Lot	Property Address
1906	1	25 DeForest Ave

6. Overlay Zone 6
Block	Lot	Property Address
4002	17	39 Park Ave

7. Overlay Zone 7
Block	Lot	Property Address
4208	1	146 Morris Ave [Ord. No. 2017-3132 § 8]

§ 35-4.1-3 Interpretation of Zone Boundaries.

[Ord. No. 03-2580 Art. 4 § 4.1-3]

Whenever an uncertainty or ambiguity exists as to the true location of any boundary line of any zone shown on the map, the following rules shall apply:

The zone boundary lines are intended generally to follow street centerlines, existing lot lines, centerlines of railroad right-of-way, waterways, and sewer and utility easements or as otherwise indicated on the Zoning Map. Where a zone boundary line does not coincide with any such line as above set forth, its location or relation to another boundary line shall be as designated on the Zoning Map by special notation. In cases of uncertainty or disagreement as to the true location of any zone boundary line, the determination thereof shall be with the Zoning Board of Adjustment.

In the event that a zone boundary line divides one (1) or more lots, then the zone boundary line shall be considered the lot limit for computing all area, bulk, yard buffer and any other dimension requirements specified in this Article.

Zone boundary lines extend vertically in both directions from ground level.

Where a street or public way serves as the zone boundary line and it is lawfully vacated, the former centerline shall be considered the zone boundary line.

§ 35-4.1-4 Schedule of Space Regulations.

[Ord. No. 03-2580 Art. 4 § 4.1-4; Ord. No. 04-2620 § 3; Ord. No. 05-2667 § 1; Ord. No. 06-2719 § 1; Ord. No. 07-2755 § 1; Ord. No. 07-2776 § 1; Ord. No. 08-2806 § 2; Ord. No. 09-2864 § 1; Ord. No. 10-2907 § 1; Ord. No. 11-2938 § 1; Ord. No. 2017-3132 § 2]

The Schedule of Space Regulations dated, September 7, 2005, contains area, yard and building requirements and is located in the Appendix at the end of this chapter and is hereby made part of this chapter.

§ 35-4.1-5 Permitted Uses.

[Ord. No. 03-2580 Art. 4 § 4.1-5]

This Zoning Article shall be viewed as permissive. No use or structure shall be permitted in the City which is not listed as a permitted, accessory or conditional use or unless permitted by the Zoning Board of Adjustment.

§ 35-4.1-6 Conditional Uses.

[Ord. No. 03-2580 Art. 4 § 4.1-6]

Notwithstanding compliance with specific conditional use standards hereinafter set forth, conditional uses shall require site plan approval by the appropriate Board.

§ 35-4.2 SUPPLEMENTARY REGULATIONS.

§ 35-4.2-1 General.

[Ord. No. 03-2580 Art. 4 § 4.2-1]

No building or structure shall be erected and no existing building or structure shall be moved, altered, added to or enlarged, nor shall any land or building be designed, used or intended to be used for any purpose or in any manner other than as specified among the uses listed as permitted, accessory or conditional in the district in which such building or land is located.

No building or structure shall be erected, reconstructed or structurally altered to exceed in height the limit designated in the district in which such building or structure is located.

No building or structure shall be erected, no existing buildings or structures shall be altered, enlarged or rebuilt, nor shall any open space surrounding any building be encroached upon or reduced in any manner, except in conformity with the yard, lot area and building location regulations hereinafter designated for the district in which such building or open space is located.

The area or dimension of any lot, yard, parking area or other space shall not be reduced to less than the minimum required by this Article; and if, already less than the minimum required by this chapter, said area or dimension shall not be further reduced.

§ 35-4.2-2 Accessory Structures and Uses.

[Ord. No. 03-2580 Art. 4 § 4.2-2]

General Requirements.

No accessory building shall be constructed on any lot on which there is not a principal building.

Any accessory structure shall be considered part of the principal building for the purposes of determining setbacks when (a) attached by any means to the principal building, or (b) greater than one hundred (100) feet in area and located within five (5) feet of the principal building.

The following requirements shall apply in all residential zones:

No accessory building shall be used as a dwelling unit or for the conduct of a home occupation.

No accessory building shall have floor or ground area in excess of five hundred seventy-six (576) square feet, nor shall any dimension be longer than twenty-four (24) feet.

Except as specifically permitted elsewhere in this Article, no accessory building or structure shall exceed fifteen (15) feet in height.

No accessory building or structure shall be permitted in any front yard or side yard.

Structures such as garages, sheds, and other passive structures shall not be located less than four (4) feet from rear or side property lines in the required rear yards. Structures such as gym or play sets, playhouses, or other active structures shall not be located less than fifteen (15) feet from the rear or side property lines in the required rear yards. All accessory structures are prohibited between any part of the front building façade and the street right-of-way, but on corner lots they may be placed in a side yard provided the four (4) or fifteen (15) foot setback requirement is met, and provided further that the accessory building or structure is set back from the street right-of-way line at least two (2) times the minimum required front yard setback for the zone.

Accessory buildings shall be included in building area, lot coverage and floor-area-ratio limitations, except as otherwise excluded in the definition of "Floor Area Gross — Residential."

Any accessory building or structure attached to a principal building is part of the principal building and shall adhere to the yard requirements for the principal building. If such attached accessory building or structure is one (1) or more garages, such garages(s) shall be built only if its entrance is other than from the front, except that lots with a width of seventy-five (75) feet or less shall be permitted to have garage entrances facing a street.

Automobile carports and aboveground storage tanks for combustible, flammable or other liquids are prohibited.

Patios, decks, swimming pools, paddle tennis courts, tennis courts and other accessory structures shall be included when calculating lot coverage.

The following requirements shall apply in all nonresidential zones:

Except as specifically permitted elsewhere in this Article, no accessory building or structure shall exceed fifteen (15) feet or be more than one (1) story in height.

No accessory building or structure shall be permitted in any front yard.

Accessory buildings may be built within the side yard if the distance from any such accessory building to the side line of the lot on which it is constructed is equal to or greater than the width of the side yard required from the principal building on said lot.

Above ground storage tanks for combustible, flammable or other liquids are prohibited.

§ 35-4.2-3 Certain Accessory Structures and/or Uses.

[Ord. No. 03-2580 Art. 4 § 4.2-3; Ord. No. 12-2974]

Attached decks and terraces must meet the required yard setbacks for principal buildings. Attached patios may encroach into the required rear yard by no more than ten (10) feet.

Boarders and Roomers. In any single-family, owner-occupied residential dwelling, not more than two (2) persons shall be permitted to occupy a portion of the dwelling unit as boarders or roomers in accordance with the following requirements:

Not more than one (1) roomer or boarder may occupy a sleeping room, except that a sleeping room that exceeds two hundred (200) square feet in floor area or one thousand eight hundred (1,800) cubic feet in volume may be occupied by two (2) persons.

Each sleeping room shall be at least eighty (80) square feet in area.

There shall be no cooking facilities in any sleeping room.

Commercial Vehicles, Tractors and Mechanized Equipment. Commercial vehicles, tractors, trailers, mechanized equipment and similar vehicles and equipment shall not be parked or stored in any zone, except as follows:

In the NB, ORC, PL and in all residential zones, one (1) such commercial vehicle and associated equipment less than seven thousand (7,000) pounds may be stored in an enclosed garage provided that such vehicle, machinery, trailer or equipment is directly related to the business or is used by the resident of the property.

In all other zones, one (1) commercial vehicle, tractor, piece of construction machinery or equipment less than twenty-six (26) feet in length may be kept on-site, provided that such vehicle, machinery, trailer or equipment is directly related to the business or use of the property.

Equipment and machinery used in connection with the construction, alteration, removal, or demolition of any buildings or structure or the excavation of any land shall be permitted to stand upon the premises where such work is being undertaken and while the same is continuing and on-going.

Home Occupations. In any dwelling unit, a resident may conduct a business activity, subject to the following:

No person other than members of the family residing on the premises shall be engaged in such occupation.

The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than twenty-five (25%) percent of the floor area of the dwelling unit shall be used in the conduct of the home occupation;

There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation;

No home occupation shall be conducted in any accessory building.

There shall be no sales or other client visits in connection with such home occupation;

No traffic or parking shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood.

No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot, if the occupation is conducted in a single-family residence, or outside the dwelling unit if conducted in other than single-family residence, nor shall any equipment cause electrical or audible interference in any radio, television receivers, telephone, computer, or other electronic devices off the premises, or cause fluctuations in the line voltage off the premises.

No nuisance factors shall be permitted.

Mobile Dwelling, Trailer and Recreational Equipment. Mobile dwelling, trailer and recreational vehicles (excepting conventional passenger automobiles) whether self-propelled, towed, truck mounted or licensed as a passenger vehicle, which include but are not limited to all sizes and descriptions of trailers, campers, boats, and buses, shall not be parked outdoors in any zone except that a resident may park such vehicle on said resident's driveway for a period not to exceed twenty-four (24) hours for the purpose of loading or unloading such vehicle. Upon registration with the Police Department, permission for temporary parking of the above vehicles may be granted for a period not to exceed seven (7) days to non-Summit residents, provided such vehicles are not occupied while parked on the subject premises.

Satellite Dishes.

Permitted Districts.

A satellite dish shall be permitted as an accessory use in all zone districts. Satellite dishes shall require site plan approval from the Planning Board, except where accessory to a one- or two-family residential use. In the case of a one- or two-family residential use, a zoning permit application shall be required, and the application shall be reviewed by the Zoning Officer, or by the Zoning Board of Adjustment whenever a request for interpretation is necessary or variance is requested by the applicant.

Whenever an applicant claims that any general regulation standard cannot be met due to an inability to obtain a reasonably satisfactory signal, impracticability, undue hardship or other criteria for modification; or whenever the adequacy of and/or reasonableness of screening is in issue, such application shall be referred to the Zoning Board of Adjustment for interpretation pursuant to N.J.S.A. 40:55D-70b.

Application. The plans of such satellite dish shall be submitted with each application for an approval, when required and shall include:

A site plan drawn at a scale of no smaller than one (1) inch equals twenty (20) feet indicating the diameter, location, setbacks, and screening (if ground mounted) and a mounting detail drawn at a scale no smaller than one-half (1/2) inch equals one (1) foot zero (0) inches indicating height, color, style or type and method of installation. When a Board approval is required, the plans must be prepared by a New Jersey professional engineer or other qualified expert with a statement that the proposed installation complies with the requirements of the Uniform Construction Code.

The name and address of the applicant and owner of the property on which the satellite dish is to be located.

The tax lot and block numbers and the property lines of the property.

All existing buildings and structures and all accessory buildings and structures on the property.

Such other information as required by development procedures of this chapter.

Applications for the installation of satellite dishes capable of transmitting and receiving signals will additionally be required to submit a report prepared by a radio frequency engineer. The minimum requirements of this report are as follows:

(1)

The calculated levels of electromagnetic field intensities (EMP-Power Densities) compared to allowable residential environment continuous exposure to levels as per accepted industry standards.

(2)

An analysis of the findings and conclusion.

(3)

Copies of data, sketches and specifications which are the basis for the calculations and analysis. The conclusions shall include an assessment of relative health risk to people living or working near the proposed facility.

If a ground-mounted transmit/receive-type satellite dish is proposed, the site plan shall additionally include the proposed location of a protective fence surrounding the dish on all sides necessary to address all health and safety issues.

Performance Standards.

No satellite dish may be placed in the front yard of any lot in the City. A corner lot shall be deemed to have a front yard facing each street.

No satellite dish shall be closer to the side property line than a distance equal to the diameter of said antenna or the side yard setback requirement for the principal structure on the lot, whichever is greater.

No satellite dish shall be closer to the rear property line than a distance equal to the diameter of said dish or rear yard setback requirement for the principal structure on the lot, whichever is greater.

Receive-only satellite dishes greater than twenty-four (24) inches in diameter shall be placed on a lot only in the rear yard; provided, however, that on a clear and convincing showing by an applicant that a reasonably satisfactory signal cannot be obtained from a rear yard location, the Board may permit the satellite dish to be located in the side yard, and if such signal cannot be obtained in either rear or side yard, the Board may permit the satellite dish to be located on the roof of any principal or accessory building on the lot.

A transmit/receive satellite dish shall be placed on the roof of the principal building of the lot subject to the provisions established herein; provided, however, that on a clear and convincing showing by an applicant that this requirement is impracticable or would cause undue hardship or that installation elsewhere would substantially further the purposes and objectives of this subsection without substantial adverse impact on adjoining properties, the Board may permit the satellite dish to be located in the rear yard of the lot. If a ground-mounted transmit/receive-type satellite dish is proposed, the site plan shall include the proposed location of a protective fence, a minimum of four (4) feet in height, surrounding the satellite dish on all sides.

When mounted on the ground, the overall height from the surrounding ground level to the lowest point of the satellite dish shall not exceed two (2) feet, except in instances where additional clearance is needed to satisfactorily receive and/or transmit signals. No ground-mounted satellite dish shall exceed twelve (12) feet in height, as measured from the average grade of the base of the satellite dish to the highest point of the satellite dish.

Roof-Mounted Satellite Dishes.

(1)

Flat Roofs and Mansard-Style Roofs. No roof-mounted satellite dish may extend above the roofline more than nine (9) feet six (6) inches when mounted on a flat roof or mansard-style roof. However, upon a showing that such a roof-mounted satellite dish will not receive adequate reception under the restrictions of this subsection, the minimum height necessary for reasonable satisfactory reception may be allowed. Roof-mounted satellite dishes on a flat roof shall be located in the center of the roof structure to reduce visibility.

(2)

All Other Style Roofs. No roof-mounted Satellite dishes may extend above the highest point of the roof more than three (3) feet when mounted on all other style roofs, and the roof-mounted satellite dish must be located on the portion of the roof facing the rear yard or, if this would unreasonably limit signal reception, the side yard. However, upon a showing that such a roof-mounted satellite dish will not receive adequate reception under the restrictions of this subsection, the minimum height necessary for reasonably satisfactory reception may be allowed.

The diameter of satellite dishes shall not exceed twelve (12) feet for C-band technology for receiving and shall not exceed eight (8) feet in diameter for Ku-bank V Sat technology for transmitting. All satellite dishes shall be of the mesh type only, with not more than eighty-five (85%) percent of the surface being solid.

All ground-mounted satellite dishes shall be painted a solid, dark color with a nonmetallic, nonglossy finish. Satellite dishes mounted on a flat roof or mansard-style roof shall be painted a solid, light to medium gray color with a nonmetallic, nonglossy finish. When mounted on all other style roofs, the satellite dish shall be painted the color of the surface to which it is attached.

The ability of the applicant to install a satellite dish in an unobtrusive location and to minimize the visual and health impacts on neighboring properties shall be a major factor in determining whether or not an approval is issued.

The number of allowable satellite dishes is as follows:

(1)

For single-family and two-family dwellings, one (1) per building.

(2)

For attached dwellings, patio homes and duplex, townhouse and multifamily dwellings, one (1) per building.

(3)

For all other uses permitted in residential zones not specifically provided for otherwise (e.g., schools, churches, nursing, homes, etc.), one (1) per building.

(4)

For all other uses in all other zones, one (1) per building.

The satellite dish may only be used for occupants of the building located on the property.

When the use of a satellite dish is abandoned it shall be removed.

Satellite dishes may not be mounted on a portable or movable structure, such as a trailer.

To the extent permitted by law, no satellite dish shall be located on or abutting any property which is listed on the National or State Register of Historic Places.

No satellite dish shall be erected on a public utility easement without the consent of the easement holder.

The proposed satellite dish shall be the smallest commercially available equipment based on the current technology so as to minimize the visual impact on the surrounding areas.

The satellite dish may not be used as a sign.

All wiring or connecting cables between the satellite dish and the principal building on the site shall be buried underground.

Screening. Ground-mounted antennas shall be screened as to minimize visibility from public streets and adjoining properties. Screening shall be accompanied by the installation of landscaping to enclose the satellite dish. The species, quantity, size and spacing of plant materials shall be specified on the site plan. In order to reduce the height of plant materials, soil berms may be used in conjunction with the proposed landscaping. Any walls or structures shall be constructed of materials which will not impede the function and operation of the satellite dish, and shall be constructed to be consistent with the surrounding site characteristics. The requirements of this subsection shall not impose unreasonable limitations on, or prevent reception of satellite-delivered signals by satellite and receiving/transmitting satellite dishes or impose costs on the users of such satellite dishes that are excessive in light of the purchase and installation cost of the equipment.

Such satellite dishes, appurtenances, landscaping and fencing shall be kept and maintained in good condition.

Swimming Pools.

Swimming pools shall be located in the rear yard, and no pool or its accessory facilities such as deck, patio or pool equipment including walkways, patios, or other impervious areas associated with the pool shall be closer than fifteen (15) feet to any side or rear lot line.

On any corner lot, no part of any private swimming pool shall be constructed within the front yard area on either street, and shall be screened from view.

Artificial lights used or maintained in connection with a private swimming pool shall be so located and shielded that the illumination therefrom is not directed upon any adjacent property.

No private swimming pool shall be used other than as an accessory use of the premises whereon it is located.

Swimming pool fences shall meet the height requirements of this chapter and of the Uniform Construction Code.

Any buildings or structures erected in conjunction with a swimming pool shall comply with the provisions of accessory structures. Enclosures must be provided around all mechanical and pool equipment.

§ 35-4.2-4 Certain Permitted Uses.

[Ord. No. 03-2580 Art. 4 § 4.2-4; Ord. No. 12-2974]

Child Care Centers. Child care centers are permitted uses in all nonresidential zones. The floor area occupied in any building or structure as a child care center shall be excluded in calculating (1) any parking requirement otherwise applicable to that number of units or amount of floor space, as appropriate, under State or local laws or regulations adopted there under; and (2) the permitted density allowable for that building or structure. Child care center buildings shall comply with City parking standards.

Community Residences for Developmentally Disabled. Community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill and community residences for persons with head injuries shall be a permitted use in all residential zones. The requirements shall be the same as for single-family dwellings located within such zones.

Essential Services. Public utility lines for the transportation, distribution and/or control of water, electricity, sewage, gas, oil, steam and telegraph and telephone communications, and their supporting members, other than buildings and structures, including pipes, shall not be required to be located on a lot, nor shall this Chapter be interpreted to prohibit the use of a property in any zone for the above uses. For purposes of this provision, wireless communications facilities shall not be deemed an essential service.

Family Day Care Homes. Family day care homes are permitted uses in all residential zones. The requirements shall be the same as for single-family dwelling units located within such residential zones and as permitted in the Municipal Land Use Law.

Temporary Offices. Trailers or mobile structures used as temporary offices, workshops or for the storage of equipment and materials in connection with permitted construction or renovation of buildings or structures, may be temporarily permitted on the same site during the actual period of construction, and shall be located no closer than ten (10) feet to any lot line.

§ 35-4.2-5 Height.

[Ord. No. 03-2580 Art. 4 § 4.2-5; Ord. No. 11-2938 § 2]

For any new building or for any addition over six hundred (600) square feet in area, the grade plane existing on May 20, 2003 (the initial adoption of Section 5.9A Grading and Soil Erosion Controls, now Article VIII, Grading, Soil Erosion and Sediment Control) may not be altered in any way so as to achieve a conforming height or number of stories greater than that which the existing grade plane would otherwise provide.

The grade plane, however, for purposes of computing the thirty-five (35) foot maximum height of any proposed building in the Multi-Family/Transit Oriented Development Zone (MF/TOD), shall be the average of the grade plane along the project frontage on Franklin Place; provided, however, that the ridge line of any other building not fronting on Franklin Place shall not exceed the ridgeline of those buildings located along the project's frontage on Franklin Place.

Appurtenances Attached to Principal Structures. Church spires, belfries, domes, cupolas, flag poles or antennas attached to buildings, penthouses (not for human occupancy), chimneys, ventilators, skylights, water tanks, bulkheads and necessary mechanical appurtenances usually carried above roof level shall not be included when determining the height of the building, and are not subject to height limitations, except that such features shall not exceed fifteen (15%) percent of the total roof area and shall not exceed fifteen (15) feet in height nor exceed the permitted building height for the zone by more than eight (8) feet.

Freestanding Noncommercial Accessory Structures. Water towers and radio and television antennas which are erected as freestanding structures may be erected to a height which can be demonstrated to the Board is necessary to accomplish their intended function. Federally licensed amateur radio facilities shall be subject to Federal Communications Commission (F.C.C.) rules which govern the height of licensed amateur operator radio antennas. These freestanding noncommercial accessory structures shall not be located within any required front, side or rear yard setback areas and shall be subject to the structural provisions of the New Jersey Uniform Construction Code.

A freestanding flagpole shall not exceed the height of the principal building on the lot by more than twenty (20%) percent.

The building height, exclusive of mechanical room, attached flagpole, chimney, elevator shaft or mechanical equipment, shall not exceed the maximum height permitted in the zone by more than five (5) feet when measured from the lowest elevation around the perimeter of the foundation to the highest point of the roof or parapet. This five (5) foot limit may be exceeded in the Multi-Family/Transit Oriented Development Zone (MF/TOD) for portions of the building where there are driveways leading to underground parking facilities beneath the dwelling units, entrances to such underground parking facilities, or sunken gardens or patios. This exception shall only apply to side and rear yard areas.

§ 35-4.2-6 Lots.

[Ord. No. 03-2580 Art. 4 § 4.2-6; Ord. No. 04-2588 § 1; Ord. No. 04-2619 § 1]

Every principal building shall be built upon a lot with the minimum required frontage upon an approved street which shall be improved in accordance with the street standards established by the City of Summit or the Residential Site Improvement Standards (RSIS), as applicable.

All lots in single family zones having less area or width than required, of record at the time of the effective date of this ordinance, may be used for a single-family house and its permitted accessory uses, except as modified in subsection 35-4.2-6C below.

Any lots in common ownership that are shown on an old filed map, filed prior to the time of the adoption of a land subdivision ordinance pursuant to the Municipal Land Use Law of 1975, and in common ownership, are considered merged into one (1) lot, and the separating lot lines are to be ignored. The owner of such lots may not sell less than the whole number of such lots owned without obtaining subdivision approval from the Planning Board.

Where there is a question as to suitability of a lot or lots for their intended use due to such features such as, but not limited to, wetlands, rock formations, steep slopes, flood conditions wellhead protection areas or similar circumstances, the Planning Board or Zoning Board of Adjustment may, after adequate investigation, withhold approval of such lots.

No parcel or tract of land under single ownership fronting on an accepted street shall be subdivided into two (2) or more lots, unless said lots conform to the provisions of this section and other applicable regulations contained in this chapter.

The area of any proposed lot shall not be less than that set forth in the Schedule of Space Regulations,[1] or the increased area required in subsection 35-4.2-9C4, Yard Regulations, or the average area of the lots in the neighborhood of the tract to be subdivided, whichever is greater.

[1]

Editor's Note: The schedule referred to herein may be found in the Appendix at the end of this chapter.

The width of any proposed lot shall not be less than that set forth in the Schedule of Space Regulations, or the average width of the lots in the neighborhood of the tract to be subdivided, whichever is greater.

The front yard setback of any proposed lot shall not be less than that set forth in the Schedule of Space Regulations, or the average setback of the lots in the neighborhood of the tract to be subdivided, whichever is greater.

When computing the averages referred to in this section, the neighborhood consists of both the lots within the tax block of the lot or tract to be subdivided (excluding the lot to be subdivided), and the lots on the opposite side of the street frontage of the same lot or tract, except that the neighborhood shall not include any lots that are not in the same zone district as the lot or tract to be subdivided.

§ 35-4.2-7 Principal Buildings.

[Ord. No. 03-2580 Art. 4 § 4.2-7]

No more than one (1) principal building shall be permitted on one (1) lot except that a shopping center, apartment, or townhouse complex, condominium project, hospital complex, institution or industry, all receiving site plan approval, may be permitted to have more than one (1) principal building on a lot in accordance with the standards of the zoning district in which it is located and with all buildings sited to comply with all yard standards.

§ 35-4.2-8 Through Lots, Residential.

[Ord. No. 03-2580 Art. 4 § 4.2-8]

Residential through lots or double-frontage lots shall be avoided except where essential to separate residential development from traffic arteries or to overcome specific disadvantages of topography and orientation. In such cases, access will be allowed only on the lower classification street. When both streets are determined to be of an equal street classification by the City Engineer, the applicant/land owner may choose the front yard, which will be the side on which the primary building entrance faces. Otherwise, the lower classification street of which the property maintains the necessary minimum street frontage shall be considered the front yard, and the other frontage shall be considered a rear yard.

The rear yard setback shall be forty (40%) percent of the lot depth but not less than the minimum required front yard setback. Accessory structures, including swimming pools, shall only be located in the rear yard. The rear yard setback for accessory structures shall be calculated by multiplying the lot depth by 0.30 (thirty (30%) percent accessory structure rear yard setback), and shall not be less than the minimum required front yard setback for the zone, or the average of the front yard setbacks of the five (5) existing houses on both sides of the subject lot, up to an intervening street and within the same zone, whichever is greater.

§ 35-4.2-9 Yard Regulations.

[Ord. No. 03-2580 Art. 4 § 4.2-9; Ord. No. 2018-3157]

Required Yards.

Every lot shall include front, side and rear yards having the areas and dimensions required within the particular zone in which said lot is located.

No yard or other open space provided for any building for the purpose of complying with the provisions of this Article shall be considered as providing a yard or other open space for any other building on any other lot.

Front Yards.

The building setback distance shall be measured from the nearest line of the existing or the proposed street right-of-way.

Front Yards in Single-Family Residential Zones. In residential zones, a new house shall be set back a distance at least equal to the required setback or the average of the setbacks of the five (5) existing houses on both sides of the subject lot, up to an intervening street and within the same zone or the averaging calculation contained in subsection 35-4.2-6F when the new house is a result of a subdivision, whichever is greater.

Yards on Corner Lots.

Every yard of a corner lot which abuts a street shall be considered a front yard, and the front yard setback requirements for the zone in which the lot is situated shall be complied with on every street frontage. All yards not meeting the definition of a front yard shall be considered to be side yards and shall meet the side yard requirements of this chapter. There shall be no requirement for a rear yard on a corner lot.

The lot width shall be measured along each required front yard setback line between the side property line and the most nearly opposite street right-of-way line.

The "combined side yard" requirements shall be met on both street frontages separately, and shall be calculated for each street frontage using the respective side yard and front yards.

Corner lots shall be a minimum of twenty (20%) percent larger than the minimum lot area for the zone.

Maintenance of adequate intersection sight triangles shall apply in designing structures, grading and plantings.

Projections and Encroachments. Yards and courts required by this Article shall be free of buildings, structures or parts thereof, and no building or structure shall project into any front, side or rear yard required by this Article, nor shall use be made of such yard, except as follows:

Unenclosed porches and entryways, including steps, extending not more than four (4) feet into the required front yard from the building line and not more than two (2) feet into the required side yard from the building line and not exceeding more than twenty (20) square feet in size.

Window wells affording light and air to basement and cellar areas may project not more than two (2) feet into any required yard.

Stairwells leading to basement and other below grade areas may project not more than four (4) feet into any required yard.

Cornices and eaves may project not more than two (2) feet into any required yard.

Chimneys may project not more than two (2) feet into any required yard.

Driveways providing access to permitted garages or parking areas.

Sills, leaders and similar ornamental or structural features may project not more than six (6) inches beyond the cornice or eave to which they are attached.

Fences and retaining walls, where specifically permitted in this chapter.

Freestanding flagpoles must be set back at least five (5) feet from any property line.

10.

Accessory buildings and uses, including swimming pools, where specifically permitted in this chapter.

11.

Sidewalks and pathways not wider than four (4) feet.

12.

Air conditioning units may project into any required side yard as set forth in subsection 35-5.2-18.

§ 35-4.3 ZONING REGULATIONS.

[Ord. No. 03-2580 Art. 4 § 4.3]

The purpose of these zones is to provide for a variety of housing types designed to support and address the housing needs of a diverse population, and to clearly define commercial and industrial areas and uses.

§ 35-4.3-1 R-43, R-25, R-15, R-10 and R-6 Single Family Zones.

[Ord. No. 03-2580 Art. 4 § 4.3-1]

Purpose. The purpose of these zones is to preserve the integrity of existing single-family residential areas by preventing the intrusion of nonresidential uses into residential neighborhoods and by maintaining existing development intensity and population density consistent with single-family residential neighborhood patterns. A compatible relationship between new or expanded houses and traditional neighborhood houses that reflect the best of the neighborhood character, particularly in terms of scale, siting, design features and orientation on the site is encouraged.

Principal Permitted Uses.

Detached single-family dwellings.

Public parks and playgrounds.

Accessory Uses.

Uses which are customarily incidental and accessory to the principal permitted use.

Conditional Uses.

Houses of Worship

Educational institutions.

Private clubs (R-43 only).

Enclosed public utility buildings (R-10 and R-6 only).

§ 35-4.3-2 R-5 Single and Two-Family Zone.

[Ord. No. 03-2580 Art. 4 § 4.3-2]

Purpose. The purpose of this zone is to preserve the integrity of existing single and two-family residential areas by preventing the intrusion of nonresidential uses into residential neighborhoods and by maintaining existing development intensity and population density consistent with single and two-family residential neighborhood patterns. A compatible relationship between new or expanded houses and traditional neighborhood houses that reflect the best of the neighborhood character, particularly in terms of scale, siting, design features and orientation on the site is encouraged.

Principal Permitted Uses.

Detached single-family dwellings.

Twin house dwellings.

Two-family dwellings.

Public parks and playgrounds.

Accessory Uses.

Uses which are customarily incidental and accessory to the principal permitted use.

Conditional Uses.

Houses of worship.

Educational institutions.

Supplementary Requirements.

Twin houses shall be on adjacent lots of five thousand (5,000) square feet per dwelling unit by recorded agreement of owners and provided that side yards are doubled on unattached sides of the buildings.

Two-family houses shall be located on lots with a minimum lot area of ten thousand (10,000) square feet.

§ 35-4.3-3 TH-1 Townhouse 1 Zone.

[Ord. No. 03-2580 Art. 4 § 4-3.3]

Purpose. The purpose of this zone is to implement an agreement dated November 13, 2001 between (1) the City of Summit and the Planning Board for the City of Summit; and (2) Summit View L.L.C. and Stephens Miller Company (hereinafter "Summit/Stephens Miller Settlement"). This zone is intended to permit a townhouse development that is compatible with the surrounding residential neighborhood.

Principal Permitted Uses.

Townhouses subject to the requirements as imposed by this subsection and other provisions of the DRO consistent herein.

Accessory Uses.

Uses which are customarily incidental and accessory to the principal permitted use.

Conditional Uses. None

Supplementary Regulations.

Minimum perimeter setback: fifty (50) feet adjacent to any residential zone; twenty (20) feet adjacent to any nonresidential zone or railroad right-of-way. Within the setback, no above-ground buildings or structures, or off-street parking areas shall be permitted except utilities (catch basins, manholes and other pertinent items in connection with underground storm water detention facilities), fences, retaining walls, and access driveways except as set forth in paragraph E2 and 3 below. Patios and decks not more than eighteen (18) inches high shall not encroach more than ten (10) feet into the required setback. The maximum height of a retaining wall shall not exceed three (3) feet, with an allowable exception that no more than ten (10%) percent of the length of the wall may be permitted to a maximum height of four (4) feet, so long as any retaining wall greater than three (3) feet in height shall not be visible from a residential use or district. No deck floor over eighteen (18) inches above grade shall be permitted in any setback.

Minimum setback of access driveways abutting residential uses or zones: twenty (20) feet.

Minimum setback of access driveways abutting railroad right-of-way and nonresidential uses or zones: ten (10) feet. An enhanced evergreen landscaped buffer shall be required.

The Planning Board may require the applicant to supplement any existing vegetation with additional landscaping and/or fencing. An enhanced evergreen landscaped buffer shall be required to screen the access driveways from adjacent land uses.

Minimum setback from building to edge of access driveway: twenty-five (25) feet

Minimum distance between buildings: twenty (20) feet

Permitted encroachments into the setbacks and yards: chimneys (not more than twenty-four (24) inches); overhangs, bay windows, trellis (front yard only)

Maximum number of units per building: six (6)

Required parking: two (2) parking spaces per unit shall be garaged.

10.

Accessory uses or structures are not permitted between the building and the access driveway.

11.

No public roadways shall be provided within the tract. Access driveways shall be a minimum of twenty-two (22) feet in width with battered curbs.

Design Guidelines.

General.

The overall development shall have a compatible architectural and landscaping theme.

Building design features such as exterior materials, rooflines and roof designs, windows, shutters, doors, porches, colors and orientation of the facades shall be considered in the overall plan.

Trash Disposal/Recycling.

Trash/recycling containers shall be housed in garages and placed at the curb the night before or the morning of collection.

Lighting.

Only shielded light fixtures shall be used. All lighting shall be designed to prevent misdirected or excessive artificial light and to maximize energy efficiency.

Lighting shall not be more than 0.1 foot-candle at any adjacent residential property line at grade.

The maximum height of freestanding lights shall not exceed fifteen (15) feet.

The style of the light and light standard shall be consistent with the architectural style of the principal buildings.

Floodlight-type fixtures attached to buildings are prohibited.

Signage.

One (1) freestanding sign shall be permitted along the Russell Place frontage. The sign shall not exceed twelve (12) square feet in area, three (3) feet in height and shall not intrude into the sight triangle.

No backlight signs or those in which letters are silhouetted against a light background are permitted. External lighting may be permitted.

Signage shall be compatible with the overall development theme.

Fencing.

Perimeter fencing shall not exceed six (6) feet in height.

No fences shall be permitted along the Russell Place frontage.

Mandatory Contribution to Mt. Laurel Fund. The right to develop townhouses is subject to the payment of a Mt. Laurel fee based upon the following formula: (i) a fee which shall be the sum of twenty (20%) percent multiplied by the number of market rate units approved for construction multiplied by twenty thousand and no/100 dollars ($20,000.00) (the "Base Payment"); and (ii) in addition, if any unit sells for more than four hundred thousand ($400,000.00) dollars after adding the cost to the purchaser of the extras to the contract sales price, "a surplus payment" fee equivalent to six (6%) percent of the portion of the sales price over four hundred thousand ($400,000.00) dollars.

Compliance with Summit/Stephens Miller Settlement. An essential and non-severable condition of any approval to develop in this TH-1 Zone shall be full compliance with the Summit/Stephens Miller Settlement. All standards of the DRO shall apply; however, where the provisions of this subsection conflict with other provisions of the Summit DRO, the provisions of this subsection shall control.

§ 35-4.3-4 TH-2 Townhouse 2 Zone.

[Ord. No. 03-2580 Art. 4 § 4.3-4]

Purpose. This zone is intended to permit the development of low density townhouses with a themed architectural design that is compatible with the adjacent single-family residential neighborhood. The zone takes advantage of its proximity to the downtown, the train station and other community amenities.

Principal Permitted Uses.

Townhouses.

Accessory Uses.

Uses which are customarily incidental and accessory to the principal permitted use.

Conditional Uses. None

Supplementary Regulations.

Minimum Setbacks of Buildings: No principal building shall be located closer than one hundred (100) feet to Prospect Street and one hundred fifty (150) feet to Tulip Street, twenty-five (25) feet from any property line and fifteen (15) feet to any private access way.

Minimum Buffer Setbacks: Seventy-five (75) feet along Prospect Street and one hundred fifty (150) feet along Tulip Street.

Access Driveways: No access driveway shall be permitted from Tulip Street.

Minimum Distance Between Buildings:

End wall to end wall (no windows): twelve (12) feet.

Any window wall to end wall: thirty (30) feet.

Window wall to window wall: sixty (60) feet.

Other Requirements:

Minimum four (4)-foot building offset shall be provided for each two (2) attached single-family units.

Maximum number of units in a building: six (6)

Accessory structures shall harmonize architecturally with and be constructed of materials of like character to those used in the principal structure.

Common open space shall meet the requirements of N.J.S.A. 40:55D-43.

Design Standards. The following criteria should be considered in the design of townhouse developments:

The design of the townhouse structures and overall site plan should be compatible with the physical characteristics of the site, with buildings adjacent to the site, and with the character of the neighborhood.

The natural vegetation and topography of the site should be preserved to the maximum extent possible.

Any building rear yard shall be screened from the public right-of-way with fencing or landscaping to the maximum extent possible.

A maximum of two (2) common driveways shall be permitted from Prospect Street in the TH-2 zone. However, one (1) of these two (2) driveways may utilize a common access driveway in the adjacent B-1 district, provided that common access driveway is at least one hundred fifty (150) feet from any intersection.

Use of existing driveways shall be encouraged to minimize disturbance to the maximum extent possible.

Freestanding walls up to seven (7) feet in height are permitted in the front yard setback, but outside the front yard buffer along Prospect Street.

§ 35-4.3-5 Multi-Family Zone.

[Ord. No. 03-2580 Art. 4 § 4.3-5]

Purpose. The purpose of this zone is to permit multi-family residential uses at appropriate densities at locations accessible to commercial services and public facilities.

Principal Permitted Uses.

Detached single-family dwellings subject to the provisions of the R-5 Zone.

Twin house and two-family dwellings subject to the provisions of the R-5 Zone.

Townhouses.

Apartments.

Public parks and playgrounds.

Accessory Uses.

Uses which are customarily incidental and accessory to the principal permitted use.

Conditional Uses.

Houses of worship.

Institutional uses.

Educational institutions.

§ 35-4.3-6 MFT Multi-Family Tower Residential Zone.

[Ord. No. 03-2580 Art. 4 § 4.3-6]

Purpose. This zone is intended for multi-family apartments in a range of building types.

Principal Permitted Uses.

Detached single-family houses, subject to the provisions of the R-5 Zone.

Twin house and two-family dwellings subject to the provisions of the R-5 Zone.

Townhouses.

Apartments.

Accessory Uses.

Uses which are customarily incidental and accessory to the principal permitted use.

Conditional Uses.

Houses of worship.

Educational institution.

§ 35-4.3-7 Multi-Family/Transit Oriented Development Zone (MF/TOD).

Purpose. The purpose of this zone is to permit residential uses designed as a "residential cluster" at higher densities at locations within walking distance to commercial services and public transit facilities. The zone will be designed to serve as a transitional zone between the R-5 and CRBD Zoning Districts. While modeled on the MF Zone, the MF/TOD Zone will permit additional density bonuses based on utilization of smart growth principles and sustainable design practices. New development will be consistent with the architectural styles and attributes represented within the adjacent residential neighborhood and the impact of additional car traffic will be minimized through the required site design.

Principal Permitted Uses.

Residential clusters which may include the following housing types:

Detached single-family dwellings.

Twin house and two-family dwellings.

Townhouses.

Brownstones.

Multi-family units as described.

Public parks and playgrounds.

Accessory Uses.

Uses which are customarily incidental and accessory to the principal permitted use.

Conditional Uses: None.

Supplementary Requirements.

The bulk requirements for the zone are as shown in Appendix B, as amended by this ordinance ("Appendix B").[1]

[1]

Editor's Note: Appendix B as amended by Ordinance No. 10-2900 codified herein, is included as an attachment to this chapter.

While a variety of housing types are permitted, lots must be consolidated and developed as a "residential cluster."

The site design shall be such that, regardless of housing type, there shall be a unified parking area which is served by a single two-way driveway.

Parking provided pursuant to RSIS must be accommodated on-site and located in the side and/or rear yard. However, the City does encourage alternative transportation mechanisms to balance the density and the vehicular impacts of that density on the neighborhood. (See "Off-Street Parking"—paragraph F of this subsection).

A density bonus has been offered for structured parking which is either entirely below-grade or substantially below-grade and whose roof is landscaped and accessible to the site residents. An alternative density bonus has been offered for covered parking that provides either a vegetated roof or solar panels. (See "Density Incentives").

Regardless of whether the building type is single or two-family detached or multi-family development, all buildings shall incorporate pitched roofs (with a minimum pitch of 8" on 12"), front doors, and either porticoes or front porches.

For all building types, buildings that front on and/or are visible from the street shall present themselves as a series of individual homes with individual entrances opening to the street, with a minimum of one (1) front door for every three (3) dwelling units. Such housing shall also incorporate architectural treatments such as horizontal and vertical articulation to break up the mass of the buildings.

As the streetscape, open space, landscaping and/or green roofs/plazas are all possible elements integral to the overall development, it is recommended that a certified landscape architect shall be retained by the developer from the project's inception. This professional should work with the project team to develop the elements as identified as well as to assist in the incorporation of other LEED and site attributes into the overall development and streetscape.

Affordable housing pursuant to the City's Housing Element/Fair Share Plan and/or as determined by the City's housing professionals and Common Council shall be provided.

10.

A density bonus has been offered to incorporate green building and sustainable development practices within the zone. The development team will be guided and the bonuses assigned will be measured utilizing the LEED Neighborhood Development (ND) Rating System or LEED New Construction[2] (NC) Building Rating System as the City's intent is to integrate the principles of smart growth and green building into the zoning ordinance. Any bonuses awarded or assigned shall be conditioned upon the receipt of LEED ND and/or LEED NC certification by the project and/or all the individual buildings.

[2]

The most current LEED Checklists for Neighborhood Development (ND) or New Construction (NC) buildings and their rating systems are proposed as they allow for quantifying green building practices.

11.

Permitted density shall be calculated as follows:

In calculations of density where a number is a fraction or includes a fraction of the whole, for the purposes of this subsection it shall be rounded up.

Residential density: Base density of twelve (12) units per acre. Density may be increased up to a maximum of seventeen (17) units per acre through bonuses as described below. All housing forms must meet the bulk requirements as specified in Appendix B.

Density Incentives. Multiple incentives are offered to encourage projects to develop in a manner that supports the general welfare by providing long-term operational cost savings via sustainability initiatives and/or additional open space through landscaping above below-grade parking or provision of solar panels or a vegetated roof covering at grade parking. These incentives are in the form of additional dwelling units as it is believed that the overall health, safety and welfare of the community is enhanced by their use. The applicant may elect to incorporate incentives, increasing the density to a maximum of seventeen (17) units per acre as shown below. However, the overall density utilizing the maximum incentives shall not exceed seventeen (17) units per acre. The following incentives are optional and eligibility is subject to the satisfaction of the criteria identified and approval by the Planning Board.

(1)

Structured Below-grade Parking[3]: If 85% of the site's parking requirements are provided below or substantially below-grade[4] and the rooftop of the parking structure not beneath the dwelling units is landscaped and developed as part of the residential cluster's required common open space and accessible to all residents of the development, the following density bonus will be applied:

3.0 additional units per acre.

[3]

Below grade parking as identified shall not be counted toward the permitted Floor Area Ratio.

[4]

The top of the parking structure may rise no more than three (3) feet above grade as measured from the top of the street curb.

(2)

If eighty-five (85%) percent of the parking provided is aboveground covered parking, and the roof of the structure is covered with solar collectors and/or a green (living) roof, the following density bonus will be applied:

1.0 additional unit per acre.

(3)

LEED Certification: The developer may choose to design the project to meet the eligibility requirements for LEED ND or LEED NC certification and include commissioning or an appropriate methodology to quantify the benefits and reduction in environmental impacts of the overall development. The developer and the development team shall work in concert with the City and Planning Board to achieve the goals identified in this subsection and the LEED rating system utilized. A method for monitoring the project shall be established prior to site plan approval and shall be completed within a time frame acceptable to the Planning Board, with updates provided by the developer at mutually agreed upon intervals in the approval process. The monitoring method, and the time frame for its completion, shall be incorporated within any resolution of approval for the project. The bonuses offered are as follows:

LEED ND/NC Silver: 1.0 unit per acre

LEED ND/NC Gold: 2.0 units per acre

Off-Street Parking

Minimum Off-Street Parking: The project shall meet RSIS parking requirements. It is further recommended that the parking plan and traffic impact statement include information and discussion regarding the following:

Car-share programs; their availability to the development, neighborhood and to the community and whether adequate numbers of vehicles are available to the community; and

Evidence that transportation alternatives will be offered and affirmatively promoted in the marketing strategy for the project.

It is recommended that the applicant submit a concept plan to the Planning Board to discuss the overall architectural and site design, landscaping, open space, circulation, LEED rating system proposed and the intended density based on the bonuses chosen.

§ 35-4.3-8 SFAH Single-Family Affordable Housing Zone.

[Ord. No. 03-2580 Art. 4 § 4.3-8]

Purpose. This zone contains a density bonus to permit single-family development at an increased density in return for a monetary contribution to the City's Affordable Housing Fund. This single-family zone shall apply solely to the property designated as Lots 15.01 through 15.13, Block 1405, on the City Tax Map.

Principal Permitted Uses.

Detached single-family dwellings.

Accessory Uses.

Uses which are customarily incidental and accessory to the principal permitted use.

Conditional Uses. None

Supplementary Regulations.

Maximum number of lots: not to exceed the number calculated by dividing the gross area of the property to be developed by fifteen thousand (15,000) square feet.

Minimum setback from railroad right-of-way: fifty (50) feet.

Fences: Permitted in rear and side yards only; side yard fences shall not exceed four (4) feet in height.

Affordable Housing Contribution.

In return for the density bonus provided by this zone, a contribution in the amount of twenty thousand ($20,000.00) dollars per bonus unit shall be paid to the Affordable Housing Fund provided in this chapter.

The number of bonus units shall be calculated based upon the difference in the lot count between an approved plat under this zone and a conforming plat under the provisions otherwise applicable in the R-15 Zone.

The required contribution shall be payable on a pro rata basis (applicable to all approved lots) prior to the issuance of individual certificates of occupancy.

§ 35-4.3-9 CRBD Central Retail Business District Zone.

[Ord. No. 03-2580 Art. 4 § 4.3-9; Ord. No. 08-2836 § 2; Ord. No. 10-2917 § 2; Ord. No. 2018-3171]

Purpose. This zone is intended to serve as a pedestrian-oriented shopping district, with retail facilities to be primarily related to existing street frontage.

Principal Permitted Uses.

Retail sales.

Offices, except that such offices shall not be located on the first floor facing a street.

Restaurants and other eating establishments, except that drive-in or drive-through facilities shall not be permitted.

Insurance offices and financial institutions, except that such uses shall not be located on the first floor facing a street unless they provide direct customer services either through tellers or automated bank machines. Drive-through facilities shall not be permitted.

Residential uses above the first floor.

Theaters, including movie theaters, performing arts centers and event spaces for arts and entertainment.

Personal service facilities, except coin-operated laundries. Personal training and tutoring provided they are not located on the first floor facing the street.

Retail service facilities, provided that security and commodity brokers, dealers, exchanges and services; telephone services; and income tax preparation services (except when temporary in nature), shall not be located on the first floor facing a street.

Instructional schools and studios, including but not limited to, dance, yoga, exercise, culinary, creative arts and crafts, music, martial arts, academic and athletic instruction, subject to the following where located on the first floor facing a street:

A minimum of sixty (60%) percent of the street-facing facade that is between two (2) feet and eight (8) feet in height must be comprised of clear windows;

Doors shall be provided with at least forty (40%) percent of glass panels in order to maximize the visibility of the interior space;

Windows shall not be obscured with elements that prevent pedestrians from seeing inside;

Window displays shall not include full height backdrops that block view into the interior space.

10.

Health clubs subject to the same requirements set forth in subsection 35-45.3-9(B)9a-d where located on the first floor facing a street.

11.

Lodges and social clubs.

12.

Galleries and museums.

13.

Temporary/seasonal uses, limited to three (3) months in duration and including holiday businesses and services, political offices and tax preparation.

14.

Indoor recreational uses, including but not limited to roller and ice skating rinks, racquetball and squash facilities, bowling alleys, arcades, escape rooms, billiards, educational play centers and virtual experience centers, except adult entertainment. Indoor recreational uses expressly prohibited in the CRBD include tennis and soccer facilities and shooting ranges.

15.

Winery and brewery uses, including tasting rooms, microbreweries, distilleries, wine making and similar activities. (Proper licensing required based on New Jersey State Alcohol and Beverage Control).

Accessory Uses.

Uses which are customarily incidental and accessory to the principal permitted use.

Conditional Uses. Wireless telecommunications technology.

Design Guidelines. Development in the CRBD Zone shall be subject to the design requirements of subsection 35-5.3 which includes architectural guidelines for minimum window area, façade materials and details and dimensions, among other standards.

§ 35-4.3-10 B Business Zone.

[Ord. No. 03-2580 Art. 4 § 4.3-10; Ord. No. 08-2807 § 1]

Purpose. This zone is intended for the conduct of general business to which the public requires direct and frequent access as prime customers, clients, or patients.

Principal Permitted Uses.

Retail sales, except that drive-thru facilities are prohibited.

Offices.

Restaurants and other eating establishments, except that drive-in or drive-through facilities shall not be permitted.

Financial institutions, except that drive-thru facilities are prohibited.

Residential uses above the first floor.

Theaters.

Personal service facilities.

Retail service facilities.

Dance schools and studios.

10.

Health clubs.

11.

Lodges and social clubs

12.

Funeral parlors.

13.

Institutional uses.

14.

Automobile sales.

Accessory Uses.

Uses which are customarily incidental and accessory to the principal permitted use.

Conditional Uses.

Adult day care.

Gasoline service stations.

Automotive repair.

Houses of worship.

§ 35-4.3-11 B-1 Business 1 Zone.

[Ord. No. 03-2580 Art. 4 § 4.3-11]

Purpose. The intent of this zone is to provide adaptive reuse of an existing building in a manner sensitive to neighboring residential development.

Principal Permitted Uses.

Office buildings.

Accessory Uses.

Uses which are customarily incidental and accessory to the principal permitted use.

Conditional Uses. None

Supplementary Regulations.

Buffers shall be provided in accordance with standards of this chapter.

Common driveways are permitted to access both office development in the B-1 zone and residential development in the adjacent TH-2 Zone.

§ 35-4.3-12 NB Neighborhood Business Zone.

[Ord. No. 03-2580 Art. 4 § 4.3-12; Ord. No. 08-2818 § 2]

Purpose. The primary function of this zone is to offer a mix of residential uses and convenient commercial services that are compatible with the nearby residential neighborhood and minimize impacts of such development on adjacent residential areas. The commercial uses are relatively small in scale and are related to the day-to-day needs of nearby residences. Buildings often contain a mix of street level commercial and residential on the upper floors.

Principal Permitted Uses.

Retail sales and services.

Personal service facilities.

Professional offices.

Dance schools and studios.

Restaurants and other eating establishments except that drive-in or drive-through facilities shall not be permitted.

Principal permitted uses found in the R-5 Residential Zone, subject to the standards of that zone.

Residential uses above the first floor.

Financial institutions except that drive-through facilities shall not be permitted.

Accessory Uses.

Uses which are customarily incidental and accessory to the principal permitted use.

Conditional Uses.

Adult day care.

Houses of worship.

Philanthropic uses.

Supplementary Regulations.

No parking shall be permitted between the front building façade and the street right-of-way.

No single building on a lot shall contain more than ten thousand (10,000) square feet of gross floor area.

All new buildings and any existing buildings that are expanded shall contain at least two (2) stories above grade.

The roof pitch on all new buildings and on existing buildings where a second floor is added or created shall be a minimum of 4:12.

Each business establishment shall have a visually prominent entrance from the street right-of-way.

Use of shared driveways shall be encouraged.

A five (5) foot landscaped buffer shall be required along the rear property line. If parking is located in the rear, this buffer shall be in addition to the requirements of 35-4.3-12E8 below.

Parking areas shall be screened from view of adjacent residential zones by landscaping, fencing, or a combination thereof to create a buffer at least five (5) feet wide and at least five (5) feet tall, and shall provide screening of vehicles in all seasons.

Trash disposal areas shall be located as far from residential zone boundaries as possible.

10.

Lighting shall be located no closer than eight (8) feet from an adjoining residential district and shall not exceed eight (8) feet in height. Lighting shall be designed to avoid up-lighting or halo effect with fixtures incorporating shielding/cut-offs to prevent spillage off-site and on adjacent residential properties.

§ 35-4.3-13 ORC Office Residential Character.

[Ord. No. 03-2580 Art. 4 § 4.3-13]

Purpose. The purpose of this zone is to allow the conversion of existing residential structures for office uses, while preserving the historic character, scale and features of the buildings and the streetscape.

Principal Permitted Uses.

One and two-family residential dwellings subject to the R-5 Zone standards.

Offices; Professional Offices.

Mixed use structures of office suite(s) and one or more residential unit(s). Residential dwelling units and office suites shall contain a minimum of five hundred (500) square feet each.

Accessory Uses.

Uses which are customarily incidental and accessory to the principal permitted use.

Conditional Uses.

Houses of worship.

Philanthropic uses.

Supplementary Regulations.

Buffer.

A five (5) foot landscaped buffer shall be required along each side yard and a seven (7) foot landscaped buffer shall be required along the rear property line.

Parking.

No parking shall be permitted in the required front yard or between any part of the front building façade and the street right-of-way line.

Parking areas shall be screened from view of adjacent residential zones, existing residential uses and public roads by landscaping, fencing or a combination of these to create a buffer at least five (5) feet in height. Landscaping shall contain a mix of deciduous and evergreen plantings sufficient to screen the view of vehicles in all seasons.

Design Standards.

All uses in the ORC Zone shall maintain the character and architecture of the existing structure and shall also meet the standards of this section and the design standards in Article V and other applicable provisions of this chapter.

New Construction. New construction shall be compatible with the residential character of the surrounding buildings and neighborhood and shall also meet the standards of this section and the design standards in Article V and other applicable provisions of this chapter.

Building Design and Requirements.

Rooftop mechanical equipment shall be screened from public view by architecturally compatible materials. Ground level mechanical equipment, such as air conditioning equipment, utility boxes and meters, shall be screened by landscaping, walls or fencing.

A minimum of one (1) primary building entrance shall be incorporated into the front façade. Sidewalks shall be provided within the front yard area for access from the existing sidewalk system.

The visual character of buildings along street frontages and entryways shall encourage pedestrian access.

Existing open porches that are visible from the right-of-way shall not be enclosed and shall not be included in the calculations of floor area ratio. Any porch that is enclosed will be included in the calculation of floor area ratio.

Fire escapes are prohibited on the front façade of buildings. On corner lots, both facades facing the street shall be considered front facades.

Trash Disposal.

Trash disposal areas shall be located as far from residential zone boundaries as possible, but in no case shall they be located within seven (7) feet of any adjacent residential zone or use.

Trash disposal areas are prohibited between the front façade and the street right-of-way, and shall be screened from view from the street right-of-way.

Storage.

All provisions and facilities for storage, other than pickup of refuse and recyclables, shall be contained within a principal building.

§ 35-4.3-14 ORC-1 Office Residential Character.

[Ord. No. 03-2580 Art. 4 § 4.3-14; Ord. No. 09-2841 § 1]

Purpose. The purpose of this zone is to provide flexibility in the zone and allow the conversion of existing residential structures for mixed use and office uses, while preserving the historic character, scale and features of the buildings and the streetscape, limiting the amount of building and lot coverage and setting standards that will help preserve the residential character of the properties in the zone.

Principal Permitted Uses.

Detached single-family residential dwellings subject to the R-10 zone standards.

Offices; professional offices; only if incorporated within and maintaining an existing structure.

A mixed use structure only if incorporated within and maintaining an existing structure. The use shall balance office suite(s) and up to four (4) residential unit(s). Residential dwelling units and office suites shall contain a minimum of five hundred (500) square feet each. Office uses shall be permitted on the first floor only.

Accessory Uses.

Uses which are customarily incidental and accessory to the principal permitted use.

Conditional Uses.

Houses of worship.

Philanthropic uses.

Supplementary Regulations.

Buffers.

A ten (10) foot landscaped buffer shall be required along each side yard and along each rear property line.

The landscaped buffer shall include a mix of columnar evergreen trees and deciduous trees, preserving wherever possible existing, mature trees.

Parking.

No parking shall be permitted in the required front yard or between any part of the front building facade and the street right-of-way line.

Driveways.

Shared driveways between adjacent properties are strongly encouraged.

Lighting.

All lighting shall conform to general regulations in Article V, as modified herein.

Lighting shall be located no closer than eight (8) feet to a property line, and shall be no higher than eight (8) feet in height.

Light fixtures shall be of a "shoe box" or similar design to avoid any uplighting or halo effect. Fixtures shall be shielded to prevent spillage onto adjacent properties.

Design Standards.

All uses in the ORC-1 Zone shall maintain the character and architecture of the existing structure and shall also meet the standards of this section and the design standards in Article V and other applicable provisions of this chapter.

New Construction. All new construction shall be designed with a pitched roof and shall be compatible with the residential character of the surrounding buildings and neighborhood and shall also meet the standards of this section and the design standards in Article V and other applicable provisions of this chapter.

Building Design and Requirements.

Rooftop mechanical equipment shall be screened from public view by architecturally compatible materials. Ground level mechanical equipment, such as air-conditioning equipment, utility boxes and meters, shall be screened by landscaping, walls or fencing.

A minimum of one (1) primary building entrance shall be incorporated into the front façade. Sidewalks shall be provided within the front yard area for access from the existing sidewalk system.

The visual character of buildings along street frontages and entryways shall encourage pedestrian access.

Fire escapes are prohibited on the front façade of buildings.

There shall be one (1) principal building per lot and no building shall contain more than seven thousand five hundred (7,500) square feet of floor area per building lot.

Shade Trees.

To enhance the residential character of the lots in this zone, shade trees shall be part of the overall landscape plan.

Existing shade trees in good condition shall be preserved wherever possible.

Shade trees shall be provided within the parking area and the buffer areas, and shall be included in other areas as appropriate for the overall landscape plan.

Trash Disposal.

Trash disposal areas shall be either interior to the building or located as far from residential zone boundaries as possible, but in no case shall they be located within ten (10) feet of any adjacent residential zone or use.

Trash disposal areas are prohibited between the front façade and the street right-of-way, and shall be screened from view from the street right-of-way.

Storage.

All provisions and facilities for storage, other than pickup of refuse and recyclables, shall be contained within a principal building.

§ 35-4.3-15 LI Light Industrial Zone.

[Ord. No. 03-2580 Art. 4 § 4.3-15; Ord. No. 11-2946]

Purpose. This zone is intended to permit the manufacture and warehousing of small and lightweight packaged items. The uses and activities permitted in this zone shall not generate nuisances that will negatively impact the adjacent neighborhoods.

Principal Permitted Uses.

Research laboratories.

Product development laboratories.

Offices related to the existing industry

Printing facilities

Warehousing of lightweight materials.

Manufacturing of small packaged items such as drugs and pharmaceuticals, electronic equipment, jewelry and watches.

Health clubs.

Accessory Uses.

Uses which are customarily incidental and accessory to the principal permitted use.

Conditional Uses.

Wireless telecommunications technology.

§ 35-4.3-16 PROD Planned Research Office Development Zone.

[Ord. No. 03-2580 Art. 4 § 4.3-16; Ord. No. 2017-3150]

Purpose. The zone is intended to permit a specialized range of uses which will strengthen the local economy by expanding job opportunities and diversifying the City's tax base in a manner which is consistent with the overall character of the City and compatible with surrounding uses and facilities. The zone is intended to accommodate offices, scientific and applied research facilities, and uses dedicated to the development and application of technology and production techniques. The nature, scale, and function of such uses shall be limited and regulated to ensure that they pose no significant or unusual risk to the public health, safety, and welfare, generate a minimum of noise, heat, glare, odor, dust, vibration, or other nuisances; emit no harmful radiation or pollution of the air, water, or ground; and pose a minimum of traffic, fire, and other safety hazards. The design and development of land and facilities in the zone will be regulated to create a well-planned environment with attractive buildings and structures, well-landscaped buffer and yard areas, and screened access and storage facilities. To achieve these objectives, the zone requires the integrated planning of large tracts of land while permitting phased development to minimize disruptions and instability for existing nearby residents.

Principal Permitted Uses.

Scientific, testing, analytical, research and product development laboratories exclusively devoted to research, design, and testing or experimentation, including processing or fabricating that is clearly incidental to the principal uses, and specifically excluding the manufacturing, distribution, packaging or fabricating on the premises of materials or finished products for sale to the general public.

Administrative, corporate, research and general offices.

Computer centers, data processing and communications.

Pharmaceutical research and development operations which include discovery through clinical trials.

Pilot Plants.

Research and Development — including the clinical and commercial development and processing needs for the delivery of treatments involving chimeric antigen receptor T-Cells (CAR-T) therapies and biotherapeutic therapies, excluding patient treatment visits at the facility except for discovery through clinical trials as permitted herein.

[Ord. No. 2017-3150]

Accessory Uses.

Child care centers.

Buildings, structures and uses owned or operated by the City of Summit.

Restaurants or cafeterias supplying meals only to employees and guests of the permitted use; and newsstand, post office, health clubs, copy centers, credit unions and banking facilities and similar conveniences serving employees and guests of the permitted use.

Conference center and in-service training school for employees

Indoor and outdoor recreation facilities such as tennis courts, basketball courts, jogging paths and exercise stations and ballfields, provided that such uses, including any accessory buildings associated therewith, shall be planned as an integral part of the site.

Conference and assembly halls for meetings incidental to the business of any permitted use.

Maintenance, utility and storage facilities incidental to any permitted use.

Surface parking and loading areas provided in conjunction with a permitted use.

Bus stop shelters, bike racks, mail boxes, phone booths, waste receptacles, gatehouses, benches, kiosks, drinking fountains, art sculptures, plazas, water features and other pedestrian and transit amenities.

10.

Off-street parking in elevated structures as a conditional use subject to the standards set forth in subsection 35-4.3-16D below.

Conditional Uses.

A parking structure no taller than sixty (60) feet shall be a permitted conditional use if setback at least one hundred (100) feet from Passaic Avenue, two hundred (200) feet from River Road, between five hundred (500) feet and eleven hundred (1100) feet from Morris Avenue, and five hundred (500) feet from Lincoln and Madison Avenues.

A parking structure no taller than thirty (30) feet shall be a permitted conditional use if setback at least three hundred (300) feet from Passaic Avenue and further subject to the buffer area requirements for this zone and the setbacks required in the Schedule of Space Regulations.[1]

[1]

Editor's Note: The Schedule of Space Regulations referred to herein may be found in the Appendix at the end of this chapter.

Parking structures shall be architecturally compatible with primary on-site buildings and structures. The location of parking structures shall be limited by minimum setback requirements to assure adequate shielding from off-site views and surrounding residential neighborhoods. Ample landscape screening shall be provided by the applicant to soften visual impacts associated with the construction of parking structures.

Parking structures shall be included as part of the building coverage calculation and are subject to the standards set forth in the footnote to Schedule of Space Regulations. Parking structures shall not be included in the calculation of floor area ratio as detailed in the Schedule of Space Regulations.[2]

[2]

Editor's Note: The Schedule of Space Regulations referred to herein may be found in the Appendix at the end of this chapter.

The planned development phasing schedule shall include the construction of one or both of the parking structures in one (1) of the early phases.

Supplementary Regulations.

Any development application in the PROD Zone shall be submitted, initially, as a planned development, in the nature of a preliminary site plan application, for the entire zone. Such application shall describe any phasing of the proposal together with any on-site, off-site, and off-tract improvements needed to support such phases. The application for preliminary site plan approval may also include a request for final approvals with respect to each phase or phases.

A planned research office development shall be subject to the requirements of the zone, to the mandatory findings for a planned development as required by the Municipal Land Use Law at N.J.S.A. 40:55D-45, and to the general development plan submission requirements found in Article III.

The circulation plan required by Section 35-3.21 shall include the following supplementary elements:

(1)

The following intersections shall be reviewed for primary and secondary impact.

(a)

River Road and Route 24.

(b)

Kent Place Boulevard and Morris Avenue.

(c)

Chatham Road into Chatham (intersections with Summit Avenue and Hillside Avenue).

(d)

Watchung Avenue and Fairmount Avenue.

(e)

Mount Vernon Avenue and River Road.

(2)

The general study area shall also encompass all intersections within a three-fourths (3/4) mile radius of any portion of the PROD Zone.

(3)

The traffic study shall also include a comparison of the proposed and existing uses with the historical maximum site population two thousand five hundred (2,500) employees.

The physical appearance of a planned research office development shall be of the highest quality. It is necessary that planned developments adhere to a set of standards and criteria that address a variety of site plan considerations including layout, building massing and form, and landscaping. This will result in an overall coordinated appearance for a particular development. The standards and criteria listed below must be incorporated into a general development plan submission for a planned development. Design covenants shall incorporate, complement and expand upon these standards and criteria. Such design covenants may be required by the approving authority as part of the general development plan application, review, and approval process.

Building Appearance.

To maintain a high standard of construction and appearance and to provide interesting and tasteful exteriors, the exterior walls of each building shall be constructed of durable permanent architectural materials compatible with campus-like standards, tastefully handled, i.e., carefully selected brick; stone with a weathered face or polished, fluted, or broken faced. Predominant exterior building materials shall not include smooth faced concrete block, tilt-up concrete panels or prefabricated steel panels.

Pre-engineered metal buildings, industrial-type structures featuring predominantly painted exteriors, and corrugated metal-sided or clapboard aluminum-sided "Butler" type buildings shall not be permitted except for accessory maintenance and storage type buildings.

Building roofs are to be uncluttered. Vertical roof projections such as towers, vents, stacks or roof-mounted equipment shall be integrated into the architecture. All penetrations through the roof (i.e., mechanical equipment or skylights) must be organized in a manner that is integral to the architectural form of the building, and or completely screened from view by parapet walls or approved enclosures. Equipment screens shall be attractive in appearance and reflect or complement the architecture of the building to which they belong.

Design of canopies shall be in keeping with the design of the building(s).

Loading areas shall be screened using architectural walls and landscaping.

Building Color and Texture.

Simple and uniform texture patterns are encouraged to create shadow patterns.

Variations in color shall be kept to a minimum.

Colors shall be subdued in tone.

Accent colors may be used to express corporate identity.

Building Height.

The maximum building height in the PROD zone shall be forty-eight (48) feet, except in the "Height Exemption Area" as shown on the survey by Keller and Kirkpatrick on file with the City Engineer and as represented graphically below in the drawing titled "Proposed PROD District" by Heyer Gruel and Associates dated October 2003.

Not more than thirty (30%) percent of the roof area of buildings in the PROD may be occupied by a mechanical room, chimney, stair towers, elevator shafts or mechanical equipment enclosed by screening walls, provided further that all of the above must be no more than twelve (12) feet in height and must be set back a minimum of twenty-five (25) feet from each building perimeter that faces a property line.

Building Massing and Form.

The architectural character of each proposed building or structure shall be of a complementary design and style for the campus.

Buildings shall generally have a horizontal appearance brought about by the use of horizontal bands and fascia to minimize the verticality of the structure.

Materials, colors and finishes shall be coordinated on all exterior elevations of each building.

Architectural designs shall be evaluated in terms of the sensitive integration of form, textures, and colors with the particular landscape and topographic characteristics of the site.

Groups of related buildings shall be designed to present a harmonious appearance in terms of style and use of exterior materials, fenestration and roof type.

Building exterior walls shall be articulated to reduce the scale and the uniform appearance of buildings and to provide visual interest that will be consistent with the site's identity, character and scale. As such, one (1) or a combination of the following shall be utilized in a planned research office development:

(1)

Roof line variation;

(2)

Grouping into smaller or multiple structures;

(3)

Mature landscaping and land form manipulation;

(4)

Offsets and/or breaks in the building line;

(5)

Patterned walls;

(6)

Fenestration;

(7)

Color changes.

The primary building objective is to maintain an architecturally harmonious development. Each building shall be sensitive to the immediate neighboring structure. Inconsistent variations in scale, texture or colors shall not be permitted.

Opportunities to provide walkway systems to adjoining buildings, including common plazas or courtyards, are encouraged.

Common Open Space.

An adequate amount of open space shall be provided and developed for on-site conservation and recreation facilities to service the needs of all employees and their visitors. The applicant shall submit an Open Space Plan showing the proposed land area and general location of any land area to be set aside for conservation and recreational purposes and a general description of improvements to be made thereon, including a plan for operation and maintenance.

Electrical and Mechanical Equipment.

All exterior electrical and mechanical equipment at ground level, such as transformers, shall be screened and located at the side or rear of the building and away from employee and visitor entrances. Screening methods shall include walls compatible with the building material, a plant material buffer utilizing a layered installation of shrubs, flowering trees, and ground cover.

10.

Fences and Walls.

Fences and walls are not desirable and shall be approved only for limited situations. Chain link fencing shall not be permitted. Decorative fences or walls may be used to screen service and loading areas, private patios or courts. They may be used to enclose recreational areas or to secure sensitive areas to uses, such as vehicle storage areas. Fences and walls shall not be located where they impede pedestrian or bicycle circulation through or between site areas. If approved, all fences and walls shall be designed as integrated parts of the overall architectural and site design. All materials shall be durable and finished in textures and colors complementary to the overall architectural design.

11.

Landscaping.

Landscaping shall be required in those areas that are designated as setback and buffer areas, areas within parking lots, and areas not used for ingress, egress, parking, or storage, and areas subject to grading and re-contouring. An overall landscape theme dealing with major design elements must be established. These elements shall include:

(1)

Setback and buffer areas along roadways as well as adjacent to residentially zoned properties;

(2)

Parking lots and areas around buildings.

The design and development of landscaping shall:

(1)

Enhance the appearance of the site internally and from a distance;

(2)

Include street trees and street side landscaping;

(3)

Provide an integrated open space and pedestrian way system within the development with appropriate connections to surrounding properties;

(4)

Include, as appropriate, bike paths, bike lanes, sidewalks, pedestrian walkways or jogging trails;

(5)

Provide buffering or transitions between uses;

Buildings shall be set back one hundred twenty five (125) feet from the R-15 and R-10 Residential Zone boundary lines and fifty (50) feet from the R-6 Residential Zone boundary line. This setback area shall include suitable positive landscape screening consistent with the buffer requirements in subsection 35-5.2-2 of this chapter.

Landscaping shall be designed and installed in accordance with professional standards and all landscape plans shall be subject to Planning Board review and approval. All landscaping, including lawn areas, trees and shrubbery shall be maintained in excellent condition by the property owner by cutting, trimming, feeding, watering and weeding. Plants shall be replaced as may be required. Landscaping shall be installed upon the substantial completion of a building(s), weather permitting, and an underground irrigation system may be required by the Planning Board in some landscaped areas.

Existing vegetation to be preserved on each site must be designated on submitted plan sheets. Techniques to be employed to preserve such vegetated areas shall be submitted to the Planning Board for review and approval. Such techniques shall address the following elements of tree structure so as to avoid damaging effects during and after construction to these elements: crown; branch system; drip line; existing grade, drainage and soil character; root system; and the feeder root system.

All required planting and screening shall be maintained in good condition.

12.

Lighting.

Well designed lighting of the building exterior shall be permitted provided that the lighting complements the architecture. Lighting shall not draw inordinate attention to a building facade.

Parking lot, service area, and roadway lighting shall be provided by fixtures designed to minimize glare to the street and adjacent properties. The type of fixture and color of lamping shall be evaluated for their compatibility with existing street lighting, building architecture and natural site characteristics.

Lighting for pedestrian walkways may include either cut-off or exposed light sources, but the height and intensity of the light must be subdued.

All lighting shall be designed and installed to avoid off-site spillage and halo effect to the greatest extent reasonably possible and consistent with public safety. Area lighting sources should be of the cut-off type.

All lighting designs and installation are subject to Planning Board review and approval.

13.

Maintenance.

All site improvements including, but not limited to streets, drives, parking lots, drainage areas, culverts, curbing, buildings, fences, landscaping and lighting must be maintained in good condition and repair by either the owner or other designated entity.

14.

Parking and Circulation.

Each development site must provide adequate off-street automobile parking and loading facilities and spaces and no parking or loading facilities and spaces shall be permitted on any street, entrance drive, or any place other than in an approved location. Off-street parking and loading spaces shall conform to those standards identified in subsection 35-5.2-15, as modified below. Loading facilities and spaces shall also be based on actual site design and special needs required by the applicant.

Land or Building Use:	One Space For Each:
Offices	333 square feet gfa
Research and Development	1000 square feet gfa
Utilities and Warehouse	2000 square feet gfa

Up to twenty (20%) percent of the total number of parking spaces may be land banked if the applicant can demonstrate to the Planning Board that not all of the required number of parking spaces are needed. The location of future parking areas shall be indicated on the site plan. The City may conduct site visits to confirm that the amount of parking provided is being utilized by the development, and, in fact, that the parking remains sufficient to meet the needs of the development. If at any time it is determined that this is no longer the case, the construction of additional "banked" or reserved parking spaces may be required by the Planning Board to meet the demand.

Parking areas shall provide safe, convenient, and efficient access. They shall be placed next to buildings in order to shorten the distance to other buildings and sidewalks and to reduce the overall scale of the paved surface.

All parking areas shall be screened from streets and adjacent parcels by earth berms and/or landscaping to assure that the visual effect of large paved areas and standing automobiles is minimized. The natural landscape and building views shall predominate. Parking areas shall also be subdivided by islands containing trees and other landscape materials. Planting islands shall be located at selected intervals where they will aid in reducing the visual expanse of parking areas.

Parking areas shall be located to maximize the potential for shared parking between uses. Parking areas shall be designed and located so as to facilitate transit, bicycle and pedestrian access. Parking spaces closest to the building entrances, in order, shall be reserved for:

(1)

People with disabilities (all types of parking);

(2)

Employee vanpool vehicles; and

(3)

Employee carpool vehicles.

Traffic entrances and exits to property may not be on minor residential streets, but must be only on collector or arterial roads, as designated in the City Master Plan.

Landscaped buffers adjoining residential properties along Lincoln, Madison, Evergreen and Passaic Avenues and along Kent Place Boulevard shall be subject to a comprehensive landscape plan prepared by the applicant which shall be reviewed and approved by the Planning Board on a periodic basis.

Any new parking structure shall be subject to variable setbacks to assure the appropriateness of such a use at its proposed location.

Bicycle lockers and/or stands may be provided as close to building entrances as possible and may be located in front of a building. If the building is served by a bus line, a bus pullout or parking stop and a bus shelter shall be provided as close to a building entrance as possible, either within the street right-of-way or on the site.

Textured crosswalks shall be used where public pathways come in contact with vehicular traffic at site entry points. All walks must be well lighted. On-site pedestrian linkages may connect buildings to external perimeter pedestrian systems.

15.

Refuse Collection and Recycling.

All outdoor containers shall be visually screened within a durable, noncombustible enclosure, so as not to be visible from adjacent lots or sites, neighboring properties or public streets. No collection areas shall be permitted between a public street and the front of a building. Appropriate landscaping shall be installed to form a year-round effective visual screen at time of planting.

Collection areas shall be designed to contain all material generated on site and deposited between collections. Deposited material shall not be visible from outside the enclosure.

Collection enclosures shall be designed of durable materials with finishes and colors that are unified and harmonious with the overall architectural theme.

Collection areas shall be so located upon the site as to provide clear and convenient access for collection vehicles. Refuse collection and recycling areas shall not be located within parking areas or required landscaped yards and buffers.

Collection areas shall be designed and located upon the property as to be convenient for the deposition of material generated on the site.

An option to reduce the visual impact of collection containers shall be to store and compact material inside a building at the service area, thus eliminating the need to screen containers.

Delivery, loading, trash removal or compaction, or other such operations may be limited by the Planning Board between certain hours where noise impacts at the lot line of any adjoining residential property or district shall be required to meet City and State requirements.

Storage and disposal and/or recycling of solid waste and research waste shall be in compliance with applicable State and Federal regulations.

16.

Screening of Loading and Service Areas.

All loading docks and service areas shall be sufficient to serve the business being conducted on the site without using adjacent public streets. No loading and service areas shall be visible from any neighboring property or adjacent public street. Provision shall be made for handling all freight on those sides of a building that do not face a street. The recommended method of screening shall consist of walls and gates compatible in color and texture with the building material, buffered by deciduous and evergreen shrubs and trees, so as not to be visible from neighboring properties and streets. Delivery and loading operations shall not disturb adjoining residential neighborhoods or other land uses.

17.

Sidewalks and/or Pathways.

On-site pedestrian circulation systems shall be provided to meet the circulation needs of on-site users. Such systems shall provide safe, all-weather-efficient, and aesthetically pleasing means of on-site movement and shall be an integrated part of the overall architectural and site design concept. At a minimum, sidewalks and/or pathways shall connect focal points of pedestrian activity such as, but not limited to, transit stops, street crossings, building and entry points, and shall feature adjoining landscaped areas that includes trees, shrubs, benches, flower beds, ground covers, or other such materials.

Sidewalks shall be provided along any facade featuring a visitor or customer entrance, and along any facade abutting parking areas. Such sidewalks shall be located away from the facade of the building to provide planting beds for foundation landscaping, except where features such as arcades or entryways are part of the facade. Pedestrian sidewalks may provide weather protection features such as awnings or arcades when located close to customer entrances.

Where appropriate, connections shall be made between on-site and perimeter sidewalk and/or pathway circulation systems.

Pedestrian crosswalks shall be clearly delineated by a material different from the surrounding road surface through the use of durable, low-maintenance surface materials such as pavers, bricks, or scored concrete to enhance pedestrian safety and comfort, as well as the attractiveness of the sidewalk and/or pathway.

18.

Signage.

All signs shall be required to satisfy all of the requirements as set forth in subsection 35-5.2-20. The Planning Board shall have the right to modify the requirements whenever such modifications are necessary to achieve an appropriate overall design theme.

An overall graphic signage plan shall be developed to complement the overall site layout.

Corporate identification signage may be erected at principal entrances to the site as approved by the Planning Board. The design, format, and materials must be consistent with site architecture. No flashing, neon or moving elements shall be permitted. Such signs may indicate the street address, the company or development's name and logo.

Identification signage of a smaller scale shall be permitted on the exterior of a building at a location related to the principal entrance carrying the occupant's logo or symbol and such other locations as the Planning Board shall permit. They may be placed on the building surface or in a free-standing position, provided that the latter is clearly integrated with the building architecture. They shall not project above any roof or canopy elevations.

Any on-site directional, traffic, or parking control signs shall be reviewed and approved by the Planning Board, with the intent that these signs shall be restricted to the minimum necessary, shall be visually unobtrusive, and shall be consistent in format, lettering, and coloring.

As the need may arise during construction of a planned development, directory-type signs identifying groups of building locations may be established.

19.

Site Layout.

Through the site access locations and on-site circulation and building layout there shall be minimum conflicts between service vehicles, private automobiles and pedestrians.

Visitor building entrances and vehicular entrance driveways shall be readily identifiable and accessible to the first-time visitor.

The visual impact of large surface parking lots located in front of buildings and along street frontages shall be minimized with landscaping, landscaped earthen berms, and pedestrian systems and/or by making parking lots smaller.

Building entries shall be highlighted by such features including:

(1)

Outdoor patios;

(2)

Ceremonial entry porte cocheres;

(3)

Plazas, paver block or brick crosswalks or other landscape features;

(4)

Overhangs and peaked roof forms;

(5)

Specially treated architectural walls;

(6)

Covered walkways;

(7)

Recesses, projections and arches.

Buildings and structures shall be arranged and clustered to maximize opportunities for shared circulation, parking, loading, pedestrian walkways and plazas, recreation areas, transit-related facilities, and day and night security surveillance.

20.

Storage.

No open storage shall be permitted on any site. No articles, merchandise, products, goods, materials, or like equipment shall be kept in the open or exposed to public view, and no accessory use shall be constructed to permit open storage of materials or goods.

Nonenclosed areas for storage shall be permanently defined and screened with walls and/or fences. Materials, colors, and design of screening walls and/or fences shall conform to those used as predominant materials and colors on the building. If such areas are to be covered, then the covering shall also conform to those used as predominant materials and colors on the building.

21.

Street Furniture, Plazas and Other Amenities.

The design of a building's related entrance areas, plazas or terraces may vary based on the intentions and needs of individual building uses. At a minimum, however, building entrances shall be highlighted with plant materials and paved surfaces.

The introduction of a public or private transit system may necessitate bus shelters. As such needs become formalized, the applicant shall prepare a basic design vocabulary to cover such needs consistent with the overall design program.

This planned development shall include some or all of the following: patio/seating areas, pedestrian plazas with benches, kiosk areas, water feature, clock tower or other such deliberately shaped area and/or a focal feature or amenity that in the judgment of the Planning Board, adequately enhances such spaces.

22.

Traffic Management and Planning.

The applicant shall be required to submit a Traffic Management Plan which should incorporate one (1) or more of the following: staggered work hours, flex-time, mass transit, park and ride, car and van pooling. The plan shall emphasize shuttle bus service to and from the train station.

23.

Utilities.

All utilities and related appurtenances on the site shall be underground or located in a building or structure to the extent reasonably practical. Any utility structures operated in conjunction with the owner and the City for the public good such as the sanitary sewer treatment facility shall not be counted towards the building or lot coverage calculations.

§ 35-4.3-17 PROD-2 Planned Research Office Development Zone.

[Ord. No. 03-2580 Art. 4 § 4.3-17; Ord. No. 04-2620 § 1; Ord. No. 08-2806 § 1]

Purpose. The zone is intended to permit a specialized range of uses which will strengthen the local economy by expanding job opportunities and diversifying the City's tax base in a manner which is consistent with the overall character of the City and compatible with surrounding uses and facilities. The zone is intended to accommodate offices, scientific and applied research facilities, and uses dedicated to the development and application of technology and production of end products for commercial distribution and transportation thereof. The nature, scale, and function of such uses shall be limited and regulated to ensure that they pose no significant or unusual risk to the public health, safety, and welfare, generate a minimum of noise, heat, glare, odor, dust, vibration, or other nuisances; emit no harmful radiation or pollution of the air, water, or ground; and pose a minimum of traffic, fire, and other safety hazards. The design and development of land and facilities in the zone will be regulated to create a well-planned environment with attractive buildings and structures, well-landscaped buffer and yard areas, and screened access and storage facilities. To achieve these objectives, the zone requires the integrated planning of large tracts of land while permitting phased development to minimize disruptions and instability for existing nearby residents.

Principal Permitted Uses.

(a)

Administrative, corporate, research and offices.

(b)

Computer centers, data processing and communications.

(c)

Pharmaceutical research and development operations which includes discovery through clinical trials.

Accessory Uses.

The development and formulation of pharmaceutical ingredients resulting from the research conducted on site and the composition and assembly of the pharmaceutical ingredients so created into therapeutic end-products for commercial distribution and the transportation thereof.

Child care centers.

Buildings, structures and uses owned or operated by the City of Summit.

Restaurants or cafeterias supplying meals only to employees and guests of the permitted use.

Pilot plants.

Parking structures or garages.

Supplementary Regulations.

A General Development Plan shall be submitted within two (2) years from the date of site occupancy or prior to filing an application for development of the site whichever is earlier.

Where the PROD-2 Zone abuts a residential zone, no part of any building or appurtenance or accessory structure (including chimneys, water tanks, etc.) may be higher than one-third (1/3) the distance of that part from the residential zone boundary line.

Where abutting a residential zone, buildings shall be set back one hundred twenty-five (125) feet from the residential zone boundary line and this buffer shall be equipped with suitable positive screening. The Planning Board may consider variable buffers from fifty (50) feet to one hundred twenty-five (125) feet, which will be established during the GDP approval process. The variable buffer will be based on the proposed uses and their potential impacts in the intended area. The landscaping and screening may require enhancement but at minimum shall consist of three (3) staggered rows of Norway spruce or other equivalent evergreen trees planted and maintained at not more than ten (10) feet on centers. If a fence is constructed in connection with this screening, it shall be approved by the approving authority.

The exceptions to the setback requirements are for improvements related to existing facilities (guard house) and/or keyed accessed to/from Morris Avenue into the property. The rehabilitation or modification of existing facilities, that will positively improve aesthetics or vehicular circulation into or out of the site and will not further exacerbate an existing condition may be sought without variance relief but are subject to any building, fire and police codes, permits, and approvals.

Building Massing and Form.

(a)

The architectural character of each proposed building or structure shall be of a complementary design and style for the campus.

(b)

New Buildings and additions shall generally have a horizontal appearance brought about by the use of horizontal bands and fascia to minimize the verticality of the structure.

(c)

Materials, colors and finishes shall be coordinated on all exterior elevations of each building.

(d)

Architectural designs shall be evaluated in terms of the sensitive integration of form, textures, and colors with the particular landscape and topographic characteristics of the site represented.

(e)

Groups of related buildings shall be designed to present a harmonious appearance in terms of style and use of exterior materials, fenestration and roof type.

(f)

Building exterior walls shall be articulated to reduce the scale and the uniform appearance of buildings and to provide visual interest that will be consistent with the site's identity, character and scale. As such, one (1) or more of a combination of the following shall be utilized in a planned research office development:

(1)

Roof line variation;

(2)

Grouping into smaller or multiple structures;

(3)

Mature landscaping and land form manipulation;

(4)

Offsets and/or breaks in the building line;

Patterned walls;

Fenestration;

Color changes.

The primary building objective is to maintain an architecturally harmonious development with each building and addition sensitive to the immediate neighboring residential uses and zones. Inconsistent variations in scale, texture or colors shall not be permitted.

(h)

No more than thirty (30%) percent of the roof area of buildings in the PROD 2 Zone may be occupied by a mechanical room, chimney, stair towers, elevator shafts or mechanical equipment enclosed by parapets and decorative and sound attenuating screening, provided that the above appurtenances may not exceed twelve (12) feet in height and must be set back from the roofs edge to the greatest extent possible. However, solar panels shall be exempt from the rooftop coverage as long as it can be demonstrated that they can be positively screened from the adjacent uses.

Parking and Circulation.

(a)

Land or Building Use:	One Space For Each:
Offices	333 square feet gfa
Research and Development	1,000 square feet gfa
Utilities and Warehouse	3,500 square feet gfa

(b)

Up to twenty (20%) percent of the total number of parking spaces may be land banked if the applicant can demonstrate to the Planning Board, that not all of the required number of parking spaces are needed. The location of future parking areas shall be indicated on the site plan. The City may conduct site visits to confirm that the amount of parking provided is being utilized by the development, and, in fact, that the parking remains sufficient to meet the needs of the development. If at any time it is determined that this is no longer the case, the construction of additional "banked" or reserved parking spaces may be required as determined by the City Engineer to meet the demand.

People with disabilities (all types of parking);

(2)

Employee vanpool vehicles; and

(3)

Employee carpool vehicles.

(f)

Traffic entrances and exits to property may not be on minor residential streets, but must be only on collector or arterial roads, as designated in the Master Plan. Provisions must be made for the off-street turning of all vehicles so that it is not necessary for vehicles to back out onto streets. However, emergency access roads to minor residential streets will be fully considered by the Planning Board during GDP hearings in conjunction with the input from the police, fire and the various departments within the City.

(g)

No parking or new peripheral roads may be placed in the one hundred twenty-five (125) feet of the landscaped buffer adjacent to residential zones. The parking areas will be evaluated at the time of the GDP and existing parking areas will be evaluated and moved away from the residential zone to the greatest extent possible. The buffer standards in Article V shall also apply.

The Building height and number of stories of structures may be increased to sixty (60) feet and five (5) stories if located within a "Height Enhancement Area," HEA as identified on the attached plan.

§ 35-4.3-18 RO-60 Research Office Zone.

[Ord. No. 03-2580 Art. 4 § 4.3-18]

Purpose. This zone is intended for uses which involve the inoffensive creating of end products by research, engineering, development, and administrative work of offices to which the public does not need immediate and frequent access. It is intended to prohibit all uses which are characterized by actual or potential "nuisance factors" other than congregation of employees, and light truck or rail transportation, and to screen all buildings from view of residential areas.

Principal Permitted Uses.

Research laboratories.

Product development laboratories.

Administrative offices.

Printing facilities.

Accessory Uses.

Uses which are customarily incidental and accessory to the principal permitted use.

Conditional Uses.

Wireless telecommunications technology.

Supplementary Regulations.

Norway spruce or other equivalent evergreen trees planted and maintained at not more than ten (10) feet on centers. If a fence is constructed in connection with this screening, it shall be approved by the approving authority.

Provisions must be made for the off-street turning of all vehicles so that it is not necessary for vehicles to back out onto streets.

No parking or peripheral roads may be placed in the seventy-five (75) foot landscaped buffer adjacent to residential zones.

§ 35-4.3-19 PI Professional Institutional Zone.

[Ord. No. 03-2580 Art. 4 § 4.3-19]

Purpose. This zone is intended for hospital and hospital-related uses, professional offices, and other certain institutional uses hereinafter specified, and for relatively compact residences, capable of being individually owned and owner occupied, and such other residential uses permitted in the R-5 Zone subject to the standards of the R-5 Zone.

Principal Permitted Uses.

Hospital and hospital-related facilities, including training schools for professional personnel, ambulatory care facilities, parking or parking structures, nursing homes and housing for professional trainees and professional personnel subject to Multi-Family Tower Zone space regulations, but not including correctional institutions, or institutions exclusively for the treatment of mental patients or substance abuse patients.

Group medical centers.

Medical testing laboratories.

Professional office buildings, whether in new nonresidential buildings or in residential buildings completely converted to nonresidential use; or offices for doctors for the practice of medicine, including biological or bio-analytical services; or offices for chiropractors, dentists, optometrists, registered nurses or nurse practitioners, recuperative therapies; and for lawyers, clergymen, architects, engineers, accountants and the like; provided in all cases that there is no advertising on the premises except for one identification sign not exceeding one square foot in area for each professional person. This paragraph shall not be deemed to include facilities providing veterinary services.

Child care centers.

Detached single-family dwellings subject to the provisions of the R-5 Zone.

Twin houses and two-family dwellings subject to the provisions of the R-5 Zone.

Accessory Uses.

Uses which are customarily incidental and accessory to the principal permitted use.

Conditional Uses.

Adult day care.

Houses of worship.

Educational institutions.

Wireless telecommunications technology.

Supplementary Regulations.

Where abutting a residential zone, buildings shall be set back seventy-five (75) feet from the residential zone boundary line and this buffer shall have suitable landscaped screening. The screening shall consist of three (3) staggered rows of Norway spruce or other equivalent evergreen trees planted and maintained at not more than ten (10) feet on centers. If a fence is constructed in connection with this screening, it shall be approved by the approving authority.

All parking areas abutting or facing a residential zone or residential use shall provide a ten (10) foot wide buffer area between any parking and loading areas and the residential zone or residential use in the PI Zone. Said buffer area shall provide a close woven wood fence, wall or hedge at least six (6) feet in height and planted with appropriate evergreen shrubs so as to create an effective screening. The required fencing shall be located in the center of said buffer with the decorative side of the fence and planting facing the residential zone or residential use in the PI Zone, provided, however, that such fence, wall or hedge may be waived or height reduced by the approving authority if, because of topographic, or other extraordinary or exceptional conditions, the same shall not be necessary to protect any abutting or facing premises situated in any residential zone or residential use in the PI Zone.

Building heights in the PI Zone shall not exceed four hundred ninety (490) feet above sea level (U.S.C. &G.).

§ 35-4.3-20 PL Public Lands Zone.

[Ord. No. 03-2580 Art. 4 § 4.3-20]

Purpose. This zone is created and intended to provide a separate and distinct zoning category for lands in public use and for limited quasi-public uses such as houses of worship, and for nonprofit use.

Principal Permitted Uses.

Institutional uses.

Principal permitted uses in the R-10 Zone, subject to the requirements and standards as provided in the R-10 Zone.

Accessory Uses.

Uses which are customarily incidental and accessory to the principal permitted use.

Conditional Uses.

Houses of worship.

Educational institutions.

Supplementary Regulations.

No properties in this zone shall be subdivided, unless the requirements and standards of the R-10 Zone are met.

Residential uses shall comply with the parking requirement for the R-10 Zone.

§ 35-4.3-21 G Golf Zone.

[Ord. No. 03-2580 Art. 4 § 4.3-21]

Purpose. The purpose of this zone is to ensure the preservation of the existing golf course located in Block 901, Lot 1 in the City.

Principal Permitted Uses. Existing golf courses.

Accessory Uses. None.

Conditional Uses. None.

§ 35-4.3-22 Gateway I Zone.

[Ord. No. 07-2755 § 2; Ord. No. 11-2943 §§ 1, 2]

Purpose. The purpose of this zone is to allow for the appropriate contextual reuse of the existing site in a manner in keeping with its "gateway" character. Development should be particularly sensitive to design, streetscape, buffers and setbacks in order to mitigate the impact of new development on the surrounding area. The zone should complement and support the CRBD, complement and protect the adjacent residential neighborhoods, provide housing, including affordable housing, in proximity to public transportation and serve as an attractive gateway to the downtown.

Principal Permitted Uses.

Townhouses.

Apartments.

Offices.

Public parks.

Mixed-use buildings of office and residential.

Accessory Uses.

Parking structures shall be considered an accessory use. Parking structures are defined as ramp access structures either above or below grade specifically designed to accommodate vehicle parking.

For office uses, no eating facilities selling prepared food or drinks shall be permitted.

Health clubs, limited to the basement area of the Deforest Building.

Conditional Uses. None

Supplementary Requirements.

No medical uses shall be permitted.

A comprehensive plan for the entire site must be submitted.

Any existing or new building which fronts on DeForest Avenue may contain a mix of office and/or residential uses. Only residential uses shall be permitted on the remaining portion of the site.

Parking for all uses (with the exception of townhouses) shall be provided on site in a parking structure or beneath the building.

Any parking structure on the site must be screened from public view.

A buffer area of ten (10) feet shall be required where Lots 1 and 2 in Block 2607 abut adjacent Lot 7. No encroachments, such as patios or decks, shall be permitted in the buffer area. The buffer shall contain decorative fencing and/or appropriate landscaping.

A twenty (20%) percent set-aside of affordable housing shall be required subject to the provisions of the City's affordable housing ordinance.

Parking between the street and the building is prohibited with the exception of driveways associated with townhouses.

Front facing garages for residential uses shall not be permitted on any public street with the exception of Parmley Place.

10.

The Parmley Place right-of-way shall not be vacated; however, may be realigned subject to engineering and safety considerations.

11.

Number of parking spaces required:

A shared parking concept is encouraged.

Apartments: compliance with RSIS.

Office: a minimum of one space per three hundred (300) square feet shall be required.

Townhouses:

(1)

Compliance with RSIS.

(2)

Two (2) parking spaces per unit shall be garaged.

(3)

Parking may be located either in the front or in the rear of the unit. If located in the front, a minimum driveway length of eighteen (18) feet shall be required measured from the property line. If located in the rear, the rear yard buffer may be reduced to five (5) feet.

12.

The primary front entrance of any townhouse unit shall not be more than four (4) feet above existing grade.

Design Standards.

General.

The design standards contained herein shall supplement the design and performance standards contained in Article V of City of Summit Development Regulations. If there is a conflict, the provisions of this section shall apply.

Overall development shall have a compatible design, architectural and landscaping scheme for the site.

New buildings shall relate to existing buildings and other structures in the vicinity that have a visual relationship to the site.

Multiple buildings on a single tract shall be designed so as to be architecturally compatible with one another, utilizing common color schemes and materials.

Building facades shall be consistent with the size, scale and setbacks of adjacent buildings and those where there is a visual relationship.

The appearance of the side and rear elevations of buildings is important. Therefore, guidelines for the fronts of buildings shall also apply to the rear and sides where visible.

Buildings shall be designed so as to prevent exterior elevations from containing large expanses of blank or featureless walls.

Building facades are a primary image generator. As such, facades shall portray a unifying appearance while assuring that each building has a unique design. Facades shall also be designed at a human scale.

New buildings shall be oriented to the front and relate to public streets and plazas, both functionally and visually. The primary orientation of a building shall not be towards parking.

The type, shape, pitch, feature and color of a roof shall be architecturally compatible with the building style, material, colors and details.

Flat roofs shall be enclosed by parapets or other appropriate architectural details.

The architectural design of buildings shall be sensitive to the site's status as a "gateway" site.

Primary entrances to buildings are to be clearly marked and framed architecturally.

Green Space.

Every effort shall be made to increase the amount of green space that currently exists on site.

Green space shall be appropriately designed and compatible with the landscaping and open space in the surrounding neighborhood.

The predominant character of the open space within the Summit Avenue setback area shall be "green." Hardscape materials within the open space area shall be limited.

Any courtyard associated with multi-family residential buildings shall be "green," to the extent feasible.

Parking, Loading, Access and Circulation.

Any access drive which connects to Euclid Avenue shall be a one-way drive with one-way circulation toward Euclid Avenue.

Regardless of any realignment of Parmley Place, the right-of-way of Parmley Place shall remain forty (40) feet and the cartway shall remain twenty-six (26) feet. In addition, a minimum five (5) foot wide continuous sidewalk shall be required on both sides of Parmley Place.

Internal pedestrian circulation shall be separated from automobile circulation through the use of sidewalks and crosswalks.

Crosswalks will serve as an extension of the sidewalk, and shall be differentiated from roadways through the use of different textures, materials and colors.

No blank walls of parking structures shall front the streetscape.

No portion of any parking structure shall be constructed at a height of more than fifteen (15) feet above curb level.

The parking for all uses within any parking structure shall be appropriately integrated particularly with respect to pedestrian connections.

Parking structures shall be constructed so that no exhaust vents open onto any street or open space and so that no portion of the interior structure, other than entrances and exits, is visible from adjoining streets.

A landscaped plaza or recreation area may be constructed on the top of any parking structure.

All facades shall provide pedestrian interest at the street level through architectural details. All voids in the parking structures shall be architecturally screened, so that lights and vehicles are not visible.

The visible exterior walls of parking structures shall be architecturally designed to mimic and reflect the occupied portions of the building in terms of style, materials and the rhythm of the window openings serving the principal uses. The intent of the above regulations is that no exposed parking structure exterior wall shall be detectable as a parking structure.

Loading and service areas shall be integral to building design and screened from public view to the extent feasible to minimize impacts of noise, lighting, glare and visibility.

The relationship between truck delivery, vehicular traffic, and pedestrian circulation shall be considered when designing service entries, roadways, walkways, and pedestrian entrances.

Structured parking shall include decorative lighting to be compatible with on-site lighting.

Mechanical/Utilities.

Roof-vent penetrations shall be located at least ten (10) feet from any exterior building face, if possible.

Bulkheads and/or mechanical equipment shall be enclosed on the roof, set back and housed in an enclosure utilizing the same material or comparable material as the rest of the building facades.

Every effort shall be made to make utilities including meters and access panels as visually unobtrusive as possible.

Other.

All pedestrian entranceways and/or lobbies shall be prominent, well-lit and separate from service entrances.

All storage of refuse and recyclable materials shall be maintained within the confines of an enclosed building or structure and shall be reasonably accessible for vehicular collection on the site and shall be appropriately screened and landscaped where outdoor storage is necessary.

All benches, trash receptacles, lights, and other street furniture shall be compatible with the architecture of the buildings and shall complement building features.

Street lights shall be placed throughout the site and shall be of a decorative, residential nature.

Lighting on the interior of the site shall be compatible with the architecture of buildings and shall complement building features.

Incandescent, halogen or natural gas lighting elements are encouraged.

Sodium vapor fixtures shall be prohibited.

The use of "green" building practices is strongly encouraged.

Fire escapes and stairs serving parking structures shall be fully enclosed.

It is anticipated that the existing building at the corner of DeForest Avenue and Summit Avenue will remain and be aesthetically improved to function more appropriately as a "gateway" building.

Zone Area and Bulk Regulations.

Regulations	Permitted
Minimum Tract Area^a (square feet)	122,000
Minimum Front Yard Setback (DeForest Avenue)	7 feet
Minimum Front Yard Setback (Parmley Place)
South Side	9 feet
North Side	7 feet
Minimum Front Yard Setback (Beechwood Road)	10 feet;
For any structure less than 15 feet in height, including parking structures	5 feet
Minimum Front Yard Setback (Summit Avenue)
North of Parmley Place	40 feet;
South of Parmley Place^b	Average 32 feet; however, in no case less than 25 feet
Minimum Front Yard Setback (Euclid Avenue)	15 feet
Minimum Rear Yard (Adjacent to Block 2607, Lot 7)	10 feet
Maximum Tract Coverage^c	80%
Building Height^d,e
Apartments, offices, and mixed-use buildings	48 feet
Townhouses	40 feet
Maximum Stories^e
Apartments, offices, and mixed-use buildings	4
Townhouses	3
Maximum Floor Area Ratio (excluding parking structures)^f	113.5%

^a Excluding the Parmley Place right-of-way.

^b Calculation of average and minimum front yard setback on Summit Avenue south of Parmley Place shall not include the setback of the existing building at the corner of Summit Avenue and DeForest Avenue.

^c Does not include public right-of-way.

^d The existing building is exempt from setback and height standards.

^e Parking levels shall not be counted toward story limitation; however they shall be counted toward overall height limitation.

^f Within office buildings in the GW-I Zone, floor area relating to health clubs in a basement, shall not be included in the calculation of floor area ratio (FAR).

§ 35-4.3-23 Gateway II Zone.

[Ord. No. 09-2872 § 1]

Purpose and Intent. The purpose of this zone is to redevelop the "Gateway II" properties, improving one of the principal entrances into the City's CRBD Zone. The primary intent is to support a welcoming streetscape and higher density residential development primarily in exchange for sustainable building practices and affordable housing, all within close proximity to the CRBD and the transportation center of the City. Creative design will be needed to reconcile the properties' existing conditions (topography, shallow depth, proximity to active/inactive rail lines), turning these challenges into opportunities to create a transit and environmentally friendly neighborhood. It is the City's intent in creating this zone to incorporate the best of urban design, sustainability practices and construction techniques to visually minimize the massing and height of the buildings while creating an attractive development linking East Summit, the City's parking facilities and the CRBD. The resulting development will provide detailed architectural treatments, sustainable building practices, enhanced landscaped courtyards and a streetscape that will soften and integrate the new development, while creating an attractive environment for further visitors, residents and the community. The zone will capitalize on the location to provide a unique housing opportunity within walking distance to the community's services, CRBD, and rail station.

Subzones T1-A, T1-B, T2 and T3 have been created in order to tailor the permitted uses and bulk requirements to their particular locations and site conditions.

Principal Permitted Uses by Subzones.

Townhouses, brownstones (1-2 family) and brownstone duplexes (1-6 family) are permitted in all zones; required for the street frontage along Broad Street up to the property line to the City property and Broad and Walnut Street intersection in the T1-A and T1-B Zone.

Multi-family buildings (T1-A, T1-B, T2 and T3) except along the Broad Street frontage for T1-A and T1-B zones.

Uses permitted in the Neighborhood Business (NB) Zone including offices with the exception of restaurants and financial institutions. (T2)

Mixed-use buildings of permitted Neighborhood Business (NB) uses as identified above and residential (T2 and T3)

City parking (surface or structured), public buildings and public or private parks (permitted in all zones).

Community facilities including childcare (permitted in all zones).

Office Uses (T1-A, T2 and T3)

Accessory Uses.

Surface and structured parking.

Storage, decorative and/or accessory structures including: kiosks, pergolas, bus shelters, and/or bike parking or structures.

Facilities and/or amenities commonly offered to residents of the planned multi-family development including: meeting and public rooms, gymnasiums, libraries, pools, parks, recreational facilities and service areas.

Conditional Uses. None

Overall Supplementary Requirements.

A concept plan of the overall development shall be presented to the Planning Board. It shall include identification of: architectural design, land uses, landscaping, open space, pedestrian/vehicular circulation, parking, overall design layout and intended density based on the base density, bonuses and/or LEED rating system chosen. An overview of the project's intended sustainable attributes shall be provided (i.e. solar, wind or geothermal collectors and energy; net zero-energy buildings, sustainable products and materials to be used; innovative use of water resources (portable, storm, and wastewater); efficient HVAC systems and other "green" or sustainable building practices). The concept plan and presentation should be followed by a discussion with the Planning Board and review and comment by Environmental Commission regarding the project goals and sustainable attributes under consideration.

At the time of the submission of the site plan application and prior to any preliminary and/or final site plan approval utilizing incentive bonuses, the applicant shall submit: a construction staging and phasing plan, the details for the LEED certification sought, the methods of achieving the certification, and the monitoring plan to insure the project's performance to the LEED standards selected such as through building commissioning, etc.

Parking requirements in compliance with RSIS shall be provided within the overall project site. However, alternatives such as a shared parking arrangement with the City or other creative solutions to the provisions of parking are encouraged. (See Parking-paragraph F6a of this subsection.)

This zone has been designed to accommodate affordable housing at a twenty (20%) percent set-aside. The affordable housing is intended to be incorporated on site and integrated throughout the project. This provisions is subject to the regulations adopted by the Council on Affordable Housing and upon further discussions within the City and its professionals.

The zone is exempt from the variance requirements of the City's Steep Slope Ordinance. However, compliance is required of all other provisions of that ordinance set forth in Chapter 35, Article IX.

This subsection provides substantial bonuses in an effort to incorporate green building and sustainable development practices into the zone. The developer, their professionals and development team will be guided and the bonuses assigned utilizing the LEED New Construction (NC) and/or the LEED Neighborhood Development (ND) Rating System. The LEED ND Rating System[1] shall apply if adopted, as it integrates the principles of smart growth, new urbanism, compact development, and green building into a model environmentally sustainable neighborhood design for the City. The developer, their professionals and development team shall work in concert with the City and Planning Board to achieve the goals identified in this subsection and the LEED rating system utilized.

[1]

The LEED Checklists for New Construction (NC) for buildings and LEED Neighborhood Development (ND) rating systems are currently under review with adoption of LEED ND expected in fall of 2009. If the LEED ND rating system is not adopted, the last adopted LEED NC rating system shall apply.

As the streetscape, open space, landscaped and/or green roofs are all contemplated and integral elements of the overall development plan, a certified landscape architect shall be retained by the developer from the project's inception. Said landscape architect shall prepare the landscaping plans while working with the project team.

In calculations of density where a number is a fraction or includes a fraction of the whole, for the purposes of this subsection the calculation shall be rounded up.

Bulk Requirements.

Building Height. The existing grade or slope of the property shall be used to offset the perception of height wherever possible as further described below.

Permitted Stories and Height.

(1)

Townhouse/Brownstone:

(a)

T1-A, T1-B, T2 and T3 zones: three (3) residential stories: forty (40) feet.

(b)

The primary front entrance of any townhome/brownstone building shall not be more than four (4) feet above existing grade at the adjacent curbline.

(c)

Where the site is sloped along the street front, the centerline of each building shall be not higher than forty-two (42) feet above the curbline elevation in front of that segment of the townhouse/brownstone. The buildings shall follow the existing curbline so that a "stepping" of the buildings' form will occur along the street frontage.

(2)

Multi-Family Buildings.

(a)

In T1-A, T1-B, T2 and T3 Zones: three (3) residential stories over one of parking; total height of forty-five (45) feet with the following exceptions noted:

(b)

In T1-B Zone: the Board may permit four (4) residential stories over a parking story or five (5) residential stories (if parking underground) where a building's height will be partially obscured from Board Street for a total height of fifty-three (53) feet.

(3)

Mixed Use:

(a)

In T2 Zone: three (3) residential stories over one (1) story of permitted nonresidential use or parking; total height of forty-five (45) feet. In T3 Zone: four (4) stories over one (1) story of permitted nonresidential use or parking for a total height of fifty-five (55) feet.

(4)

Office:

(a)

In the T1A and T3 Zones, for a building exclusively of office development, four (4) stories over parking for a total of fifty-five (55) feet.

Supplementary Requirements.

(1)

The building height for buildings with street frontage shall be measured from the centerline of each module (such as townhouse, brownstone, office, or half of a brownstone duplex) to the existing curbline. In no case shall the height of either front building corner, exceed the permitted height by more than two (2) feet. For all other buildings, the height of the building shall be measured by taking the average of the existing grade surrounding the proposed building footprint.

(2)

A parking story shall only be counted towards the number of stories when at least fifty (50%) percent of the parking garage story is above the existing average grade around the building.

Yards.

a.	Front Yards:	15 foot setback and 10 feet from internal streets or drives. No driveways are permitted in the front yards of buildings along the Broad Street frontage.
b.	Side Yards:	10 foot setback to property line or drives; 20 foot setback between buildings.
c.	Rear Yards:	10 foot setback measured from the lot line opposite Broad Street.

Tract Dimensions.

a.	Minimum Tract Area T1 (A and B):	4.5 acres
a.	Minimum Tract Area T2 and T3:	.25 acre
b.	Minimum Tract Width:	N/A
c.	Minimum Tract Depth:	N/A

Coverage. The coverage indicated below applies to individual tracts; if however, multiple tracts are developed by a single developer, the Planning Board may allow flexibility and variations in coverage on individual tracts so long as maximum permitted coverage is not exceeded overall.

Building Coverage, Max.: 40% overall

Impervious Coverage, Max.: 60% T1-A, T1-B/80% T2 and T3

Open Space/Pervious Coverage, T1-A, T1-B min.: fifty (50%) percent (exclusive of railroad right-of-way) Overall the site shall include a minimum of thirty-five (35%) percent pervious at grade open space, landscaped and designed to provide recreation and visual relief. The balance of the open space fifteen (15%) percent may be provided by either green roofs and/or landscaped rooftops. An overall landscaping and open space plan shall integrate the project's open space with the adjacent properties. For areas to be included in the open space calculation (for active/passive recreation, courtyards and gardens) they must have a slope of less than eighteen (18%) percent.

Density.

Residential Density: Twenty (20) units (du's) per acre. However, the applicant may choose to receive up to twenty-nine (29) du's/acre by selecting incentives. The incentives are to encourage the project to be developed in a manner that supports long term environmentally sustainable practices and affordable housing for the City. These incentives will be offered as additional units per acre as it is believed that the overall health, safety and welfare of the community is enhanced by the incentives offered and the City is willing to provide additional density in recognition of the benefits accrued from the sustainable and green building efforts used. However, in no case shall the cumulative value of all incentives selected exceed an overall density of twenty-nine (29) du's/acre. The following incentives are optional and eligibility shall be subject to compliance with any or all of the following:

(1)

Structured Parking—A minimum of fifty (50%) percent of the site's required parking are to be provided below or partially below grade. If the parking is not located below the building, the rooftops of the parking fixtures shall be landscaped and developed as open space/park and accessible to the development:

Bonus 2.0 additional du/ac;

(2)

Solar/Landscaped/Green Rooftops—Fifty (50%) percent of the rooftops of all buildings shall consist of either a green roof, landscaped roof, solar roof array, or a combination of the above:

Bonus 1.0 additional du/ac;

(3)

To receive the following bonuses, the project is required to be designed to meet the eligibility requirements resulting in LEED N or LEED ND certification. However the bonus indicated for LEED NC or LEED ND Platinum is a maximum density and inclusive of all other bonuses. The bonuses offered are as follows:

Certified: 1.0 additional du's/ac;

Silver: 2.5 additional du's/ac;

Gold: 6.0 1.0 additional du's/ac

Platinum: 9.0 additional du's/ac

If different LEED certifications and their attenuating bonuses are chosen for different project parcels, the number of units as a result of the bonuses selected will be calculated proportionally based on the parcel's area.

Parking.

Minimum Off-Street Parking: The applicant's design shall meet RSIS requirements for parking. However, a reduction in the required parking will be considered by the Board where applicant can demonstrate that:

(1)

Transportation alternatives such as bicycle and walking are to be encouraged throughout the design process;

(2)

A viable ongoing "car sharing"[2] program is incorporated and has an adequate number of vehicles available with preference for project's site population;

[2]

A car sharing program is where individuals gain benefits of private vehicle use without the costs and responsibilities of ownership. The developer will be responsible to contract with a profit/nonprofit car share program to implement (i.e. ZIPCar, I-GO etc.)

(3)

Through professional testimony of current parking literature from recognized sources and presentation of similar or representative projects demonstrating that parking demand for this type of development differs;

(4)

Transportation alternatives are being employed and incorporated into the project's design, marketing strategy and will be affirmatively promoted:

(5)

The parking strategy developed, is supported by the City.

Where different residential buildings are located on the same tract, parking may be located within parking structures or provided under the multi-family buildings as described below.

(1)

Townhouses, Brownstones:

(a)

Minimum: One (1) parking space per dwelling unit must be provided in, under or adjacent to the dwelling unit and the balance of the parking, as required by RSIS may be provided elsewhere on the site.

(b)

Parking shall be provided as follows:

(i)

Parking garages must be accessed from either the side or rear of the buildings.

(ii)

Parking in the rear of the townhouses or brownstones such as side by side and tandem parking for different units is permitted.

(iii)

Parking for townhouses or brownstones may be provided under multi-family buildings on the same tract.

(iv)

No individual driveways or parking shall be located between Broad Street and the building front facades.

(2)

Multi-family buildings: one (1) parking space per dwelling unit shall be provided adjacent to or under the building. The balance of the parking as required by RSIS may be provided elsewhere on site. Creative parking and solutions to minimize the impact of vehicles, as reflected in paragraph F6a above, should be considered.

(3)

Office/retail: A minimum of one (1) parking space per three hundred fifty (350) square feet of gross floor area shall be required on-site.

(4)

Mixed-Use building: Total required for combined individual uses as indicated above.

Supplementary Regulations.

(1)

RSIS shall govern parking requirements for the project and its various phases within the overall project site except as otherwise noted or permitted by law. Surface parking is discouraged in favor of structured or underground parking (exceptions as noted above). Parking should be under the building and/or below grade to the greatest extent possible.

(2)

The developer will provide a pro-rata share of street improvements for the purpose of the Broad Street Boulevard.[3]

[3]

The Broad Street Boulevard is to include upon appropriate approvals from the County and City: minimizing the number of curb cuts, a landscaped and vegetated median (where possible) which would also include appropriate landscaping and/or trees, widened sidewalks, street trees, pedestrian/vehicular improvements as well as an evaluation of on street parking and bicycle facilities such as bike lanes, signage, markings, bicycle parking, etc.

(3)

Any parking structure on the site must be screened from public view as described below.

(4)

Stairs serving parking structures shall be fully enclosed.

Circulation.

(1)

Crosswalks shall serve as an extension of the sidewalk, and shall be differentiated from roadways through the use of textures, materials and colors similar to those in use in the CRBD.

(2)

The parking for all uses within any parking structure shall be appropriately designed with respect to the integration of bicycle and alternative transportation/vehicle facilities.

Facade Treatment/Screening of Parking Structures.

(1)

All facades shall be architecturally detailed to provide pedestrian interest at the street. All voids in the parking structures shall be architecturally detailed or "green" screened with vegetation so that lights and vehicles are camouflaged.

(2)

The visible exterior walls of parking structures shall be designed to reflect the occupied portions of the building (style, materials and the rhythm of the windows). The City's intent in enacting the above regulations is that no exposed exterior wall shall be detectable as a parking structure.

(3)

Parking structures shall be constructed so that no exhaust vents open directly onto any public street.

(4)

The lighting fixtures within a parking structure shall be recessed and not visible from Broad Street.

(5)

Loading and service areas shall be integral to a building's design and screened from public view to the extent feasible.

Design Standards.

General.

The design standards set forth herein shall supplement the design and performance standards contained in Article V of City of Summit Development Regulations. If there is a conflict, the provisions set forth in this section shall apply.

The development's architectural style should be cognizant of the "Design and Preservation Guidelines for Historic Properties in the City of Summit, New Jersey," prepared for the Summit Historic Preservation Commission in 2004. Although shown as single-family detached houses, this document should be consulted and the design balanced between the site's features and location while ensuring compatibility and/or assimilation with Summit's unique architectural heritage and CRBD.

Multi-family buildings located on along Broad Street shall be designed to appear as a series of townhouses or brownstone and approximating a thirty (30) foot module. These buildings shall provide a recessed or protected entrance with landscaped courtyards, patios and/or design elements to provide interest on the street. No multi-family building form shall exceed one hundred sixty-five (165) feet in length along the Broad Street frontage.

The multi-family building form along Broad Street shall provide distinct and varied architectural features among buildings and provide significant articulation including vertical and horizontal elements to reduce massing on the street.

The project shall be designed so as to integrate the development into the site's unique topographical and existing conditions while softening the transition and edges between the street and adjacent properties.

Multiple buildings on a single tract shall be designed so as to be architecturally compatible with one another, utilizing common color schemes and natural material and/or sustainable "green" materials, and offer an attractive façade to the traveling public on Broad Street.

The appearance of all sides of a building are important and elevations of each side shall be provided. The guidelines for the fronts of buildings shall also apply to the side and rear yards unless obscured by slope or railroad structures or embankment.

Flat roofs shall be enclosed by parapets or other appropriate architectural treatment.

Green/Open Space.

The open space provided for the project shall be integrated throughout the project.

A detailed landscape and open space plan shall be provided that utilizes native trees and indigenous vegetation while harmonizing the various site elements (unit types, streets, public frontage and private drives, parking areas, walkways, buffers, plazas, open spaces & recreational or landscaped rooftops). Attention shall be taken to address the screening of the railroad, bases of lighting fixtures and utilities to the extent possible.

In addition to the open space/pervious area required, a minimum of one hundred (100) square feet of open space (front, side, rear -patio/deck) shall be required for each residential unit constructed. This open space shall be located adjacent to the residential unit to the extent possible. When not adjacent to a unit, the open space shall be collectively assembled and accessible to those units as a surface pocket park or rooftop park for the residents. On tracts T2 and T3 individual open space requirements may be located either adjacent to the unit or on a building's rooftop.

Mechanical/Utilities.

Roof-vent penetrations shall be located ten (10) feet from any exterior building face.

Mechanical equipment and roof vents shall be enclosed and /or screened on the roof, while not detracting from the building facades.

All flat roofs shall be enclosed and screened by a parapet.

Every effort shall be made to make utilities including meters and access panels, hidden or disguised and as visually unobtrusive as possible.

Other.

The project shall be guided in environmentally sustainable goals and practices as identified in the Action Plan for a Sustainable Summit (2008).

All storage of refuse and recyclable materials shall be maintained within the confines of an enclosed building or structure, and be screened and landscaped.

All benches, trash receptacles, lights, and other street furniture shall be compatible with the architecture of the buildings and shall complement the project and buildings' features.

Site lighting shall be energy efficient, prevent light trespass and compliment the architecture of the building.

Energy-efficient lighting/fixtures shall be utilized throughout the site and include dusk activated timers and utilize solar energy to the extent possible.

The owner of the railroad tracks and/or trackage rights currently identified as the Rahway Valley Railroad Line, located in the Gateway II Zone, should be approached to determine whether (in the absence of any long term plans to reactivate the line for a rail or freight transportation use) the easement may be converted to a pedestrian/bicycle linear path which shall be integrated into the project's landscaping and park plan with an anticipation of possible future linkages to the adjacent parking garage property, CRBD and Train Station.

Severability.

In the event that any portion or provisions of this subsection, or the application of this subsection to any specific situation or application, shall be declared invalid, such declaration shall not, in any manner, prejudice the enforcement of the remaining portions or provisions of this subsection, or the enforcement in other situations or applications.

All ordinances or parts of ordinances inconsistent with the provisions of this subsection are, to the extent of any such inconsistency, hereby repealed.

Zone Area and Bulk Regulations. Zone area and bulk regulations shall apply to all subzones except where indicated.

§ 35-4.3-24 Overlay Zone District: Use, Area and Bulk Regulations.

[Ord. No. 2017-3132; Ord. No. 2017-3147 § 1]

See Section 35-1.6 for definition of term Overlay Zone District.

Overlay Zones.

OL-1 Overlay Zone.

[Ord. No. 2017-3122 § 2]

Purpose. The OL-1 Overlay Zone District, as shown on the accompanying Overlay Zone District Map, is designed to enable property within the Overlay Zone to be developed for stand-alone multi-family residential development, townhouses, and mixed use multi-family residential development above at-grade retail/office use as an alternative to the underlying zone district regulatory provisions that are, and remain, in force. All forms of multi-family residential and townhouse development shall include an affordable housing set-aside as provided for elsewhere in this ordinance.

Principal Permitted Uses. In the OL-1 Overlay Zone District, stand-alone multi-family and townhouse dwellings, and mixed use multi-family residential development above at-grade retail/office uses shall be permitted, in addition to the uses allowed in the underlying zone district.

Accessory Permitted Uses. Uses which are customarily incidental and accessory to the principal permitted use.

Area and Bulk Regulations. See accompanying Schedule of Area and Bulk Regulations referenced at subsection 35-4.3-24B9. Supplemental multi-family and townhouse regulations, set forth herein below, shall also apply as additional regulatory controls.

(1)

Multi-family Residential Buildings: Setbacks Between Multiple Buildings On-Site

(a)

End wall (no openings) to end wall (no openings): 12 feet minimum.

(b)

Building face to parking area: 10 feet minimum.

(c)

End wall (no openings) to window wall: 25 feet minimum.

(d)

Window wall to window wall: 35 feet minimum.

(2)

Townhouse Units: Setbacks Between Buildings On-Site:

(a)

End wall (no openings) to end wall (no openings): 12 feet minimum.

(b)

Building face to parking area: 10 feet minimum.

(c)

End wall (no openings) to window wall: 20 feet minimum.

(d)

Window wall to window wall: 30 feet minimum.

Design Standards. See Section 35-5.3 for design standards.

OL-2 Overlay Zone.

[Ord. No. 2017-3122 § 2]

Purpose. The OL-2 Overlay Zone District, as shown on the accompanying Overlay Zone District Map, is designed to enable property within the Overlay Zone to be developed for stand-alone multi-family residential development or mixed use multi-family residential development above at-grade retail use, as an alternative to the underlying zone district regulatory provisions that are, and shall remain, in force. Multi-family residential development shall include an affordable housing set-aside as provided for elsewhere in this ordinance.

Principal Permitted Uses. In the OL-2 Overlay Zone District, stand-alone multi-family residential development and mixed use multi-family residential development above at-grade retail uses shall be permitted, in addition to the uses allowed in the underlying zone district. Multi-family residential development shall be permitted at-grade on streets other than Broad Street or Summit Avenue.

Accessory Permitted Uses. Uses which are customarily incidental and accessory to the principal permitted use.

Area and Bulk Regulations. See accompanying Schedule of Area and Bulk Regulations referenced at subsection 35-4.3-24B9.

Supplemental multi-family regulations, set forth at subsection 35-4.3-24B1d(1), shall also apply as additional regulatory controls.

Design Standards. See Section 35-5.3 for design standards.

OL-3 Overlay Zone.

[Ord. No. 2017-3132 § 2]

Purpose. The OL-3 Overlay Zone District, as shown on the accompanying Overlay Zone District Map, is designed to enable property within the Overlay Zone to be developed for stand-alone multi-family residential development or mixed use multi-family residential development above at-grade retail/office use, as an alternative to the underlying zone district regulatory provisions that are, and shall remain, in force. Multi-family residential development shall include an affordable housing set-aside as provided for elsewhere in this chapter.

Principal Permitted Uses. In the OL-3 Overlay Zone District, stand-alone multi-family residential and mixed-use multi-family residential development above at-grade retail/office uses shall be permitted provided the at-grade retail/office use in a mixed-use building shall only be permitted within the confines of the underlying non-residential zone district as shown on the City of Summit Zoning Map. All of the uses allowed in the underlying zone districts shall continue to be permitted as principal permitted uses in the underlying zones, as regulated therein.

[Ord. No. 2017-3147 § 1]

Accessory Permitted Uses. Uses which are customarily incidental and accessory to the principal permitted use.

Area and Bulk Regulations. See accompanying Schedule of Area and Bulk Regulations referenced at subsection 35-4.3-24B9. Supplemental multi-family regulations, set forth at subsection 35-4.3-24B1(d)1, shall also apply as additional regulatory controls.

Design Standards. See Section 35-5.3 for design standards.

OL-4 Overlay Zone.

[Ord. No. 2017-3122 § 2]

Purpose. The OL-4 Overlay Zone District, as shown on the accompanying Overlay Zone District Map, is designed to enable property within the Overlay Zone to be developed for mixed use multi-family residential development above at-grade retail use as an alternative to the underlying zone district regulatory provisions that are, and shall remain, in force. Multi-family residential development shall include an affordable housing set-aside as provided for elsewhere in this ordinance.

Principal Permitted Uses. In the OL-4 Overlay Zone District, mixed use multi-family residential development above at-grade retail uses shall be permitted, in addition to the uses allowed in the underlying zone district.

Permitted Accessory Uses. Uses which are customarily incidental and accessory to the principal permitted use.

Area and Bulk Regulations. See accompanying Schedule of Area and Bulk Regulations referenced at subsection 35-4.3-24B9.

Design Standards. See Section 35-5.3 for design standards.

OL-5 Overlay Zone.

[Ord. No. 2017-3122 § 2]

Purpose. The OL-5 Overlay Zone District, as shown on the accompanying Overlay Zone District Map, is designed to enable property within the Overlay Zone to be developed for townhouse and stand-alone multi-family residential development, as more fully described in subsection 35-4.3-24B5 below, and mixed use multi-family residential development above at-grade retail/office use, as more fully described in subsection 35-4.3-24B5 below, as an alternative to the underlying zone district regulatory provisions that are, and shall remain, in force. Multi-family residential development shall include an affordable housing set-aside as provided for elsewhere in this chapter.

Principal Permitted Uses. In the OL-5 Overlay Zone District the following shall be permitted:

(1)

Within a distance of three hundred fifty (350) feet of the Euclid Avenue right-of-way, the property may be developed with stand-alone multi-family residential development and townhouses, provided that no buildings other than townhouses shall be permitted within one hundred (100) feet of Euclid Avenue.

(2)

Mixed use multi-family residential dwellings located above at-grade retail/office uses shall be permitted within two hundred (200) feet of the DeForest Avenue right-of-way.

(3)

Townhouse development and mixed use multi-family residential dwellings located above at-grade retail/office uses, as provided above, may be permitted to be designed with a common access and parking lot configuration.

Permitted Accessory Uses. Uses which are customarily incidental and accessory to the principal permitted use.

Area and Bulk Regulations. See accompanying Schedule of Area and Bulk Regulations referenced at subsection 35-4.3-24B9. Supplemental multi-family and townhouse regulations, set forth at subsection 35-4.3-24B1d(1) and (2), shall also apply as additional regulatory controls.

Design Standards. See Section 35-5.3 for design standards.

OL-6 Overlay Zone.

[Ord. No. 2017-3122 § 2]

Purpose. The OL-6 Overlay Zone District, as shown on the accompanying Overlay Zone District Map, is designed to enable property within the Overlay Zone to be developed for townhouse and multi-family residential development as an alternative to the underlying zone district regulatory provisions that are, and shall remain, in force. Multi-family residential development shall include an affordable housing set-aside as provided for elsewhere in this chapter.

Principal Permitted Uses. In the OL-6 Overlay Zone District, townhouses and multi-family residential development uses shall be permitted, in addition to the uses allowed in the underlying zone district.

Permitted Accessory Uses. Uses which are customarily incidental and accessory to the principal permitted use.

Area and Bulk Regulations. See accompanying Schedule of Area and Bulk Regulations referenced at subsection 35-4.3-24B9. Supplemental multi-family and townhouse regulations, set forth at subsection 35-4.3-24B1d(1) and (2), shall also apply as additional regulatory controls.

Design Standards. See Section 35-5.3 for design standards.

OL-7 Overlay Zone.

[Ord. No. 2017-3122 § 2]

Purpose. The OL-7 Overlay Zone District, as shown on the accompanying Overlay Zone District Map, is designed to enable property within the Overlay Zone to be developed for multi-family residential development as an alternative to the underlying zone district regulatory provisions that are, and shall remain, in force. Multi-family residential development shall include an affordable housing set-aside as provided for elsewhere in this chapter.

Principal Permitted Uses. In the OL-76 Overlay Zone District, multi-family residential development uses shall be permitted, in addition to the uses allowed in the underlying zone district.

[Ord. No. 2017-3147 § 1]

Permitted Accessory Uses. Uses which are customarily incidental and accessory to the principal permitted use.

Area and Bulk Regulations. See accompanying Schedule of Area and Bulk Regulations referenced at subsection 35-4.3-24B9. Supplemental multi-family regulations, set forth at subsection 35-4.3-24B1d(1), shall also apply as additional regulatory controls.

Design Standards.

See Section 35-5.3 for design standards.

Development of this site for any permitted Overlay Zone uses shall provide its vehicular access through Ashwood Court.

(Reserved)

Schedule of Area and Bulk Regulations. See Appendix B at the end of this chapter.

§ 35-4.4 CONDITIONAL USES.

§ 35-4.4-1 General.

[Ord. No. 03-2580 Art. 4 § 4.4-1]

The Planning Board shall not approve a conditional use unless it finds that the use meets all the requirements of this chapter, does not substantially impair the use and enjoyment of surrounding properties and does not substantially impair the character of the surrounding area and does not have any adverse effect on surrounding properties. No building, structure or premises shall be used unless in conformance with the conditions listed below.

§ 35-4.4-2 Requirements for Specific Uses.

[Ord. No. 03-2580 Art. 4 § 4.4-2]

Educational Institutions.

Minimum lot area: two (2) acres.

Minimum frontage: two hundred (200) feet.

Minimum front yard: fifty (50) feet.

Minimum rear yard: fifty (50) feet.

Minimum side yards (each): fifty (50) feet.

Maximum building height (excluding spires, steeples, cupolas, and other ornamentation): Same as zoning district requirements for permitted uses.

Side Buffer. A strip of land twenty (20%) percent of the average width of the property, but not to exceed fifty (50) feet, shall be planted and maintained as a landscaped side yard buffer in each side yard that abuts a residential zone or use.

Rear Buffer: A strip of land twenty (20%) percent of the average depth of the property, but not to exceed fifty (50) feet, shall be planted and maintained as a landscaped rear yard buffer if the rear yard abuts a residential zone or use.

Maximum lot coverage: forty (40%) percent.

10.

Maximum building coverage: fifteen (15%) percent.

11.

Parking shall be only in side and rear yards.

12.

Minimum parking setback from property lines: twenty (20) feet.

Gasoline Service Stations and Automotive Repair Facilities.

Such use shall have a street frontage of at least one hundred (100) feet and an average depth of at least one hundred fifty (150) feet. Corner lots shall have a street frontage of at least one hundred fifty (150) feet along each street frontage.

The walls of any building or structure, other than gasoline or oil filling devices, shall be set back at least seven (7) feet from every adjoining property line and at least twenty-five (25) feet from any street right-of-way line. For any repair garage or gasoline service station that abuts a residential zone, the minimum side or front yard setback for the residential zone shall apply.

The entrance and exit driveway or driveways to and from any gasoline service station shall be at least eighteen (18) feet wide but not more than twenty-five (25) feet wide, located at least ten (10) feet from any adjoining property line and at least twenty (20) feet from the corner of any intersecting public streets. Driveways shall be designed so that exiting vehicles do not have to back out onto any public sidewalk, street or right-of-way.

The entrance and exit driveway or driveways to and from any automotive repair facility shall be eighteen (18) feet wide.

A perimeter, curbed, landscaped area, at least five (5) feet wide, shall be required along all front property lines, except for areas devoted to ingress and egress driveways, and along side and rear property lines when adjacent to paved areas. No sign or other object or device shall be parked or placed thereupon, other than those shown on the approved site plan.

All services or repairs to or for motor vehicles shall be conducted within the confines of a building, except the sale and supply of oil and gasoline and other fluids, and the filling of tires, and other services customarily incidental to the sale of gasoline, oil and automobile supplies and accessories.

Storage facilities for gasoline, oil or other flammable materials in bulk over fifty-five (55) gallons shall be located wholly underground unless otherwise required by law. No gasoline pump shall be located or permitted within any enclosed or semi-enclosed building.

Every gasoline or oil filling device shall be located at least sixty (60) feet from any street right-of-way line, and at least fifty (50) feet from any side or rear property lines.

At any gasoline service station where motor vehicles to be repaired will remain more than twenty-four (24) hours, a solid fence, at least six (6) feet in height and a minimum of twenty-five (25) feet from the street right-of-way, made of a composition which will effectively screen the property, shall be placed to effectively screen views from the street.

10.

No junked motor vehicle or part thereof and no unregistered motor vehicle shall be permitted outside an enclosed service station building. Other than employee's vehicles, no more than six (6) motor vehicles may be located outside a service station building for a period not to exceed five (5) days provided the owners are awaiting the repair of said motor vehicles.

11.

The exterior display and parking of equipment for rent or sale shall be permitted subject to site plan review, provided the area devoted to this purpose does not exceed ten (10%) percent of the total lot area, and the number of vehicles for sale or rent does not exceed one (1) per work bay, the maximum sign area for a service station is not exceeded, and that the location of the equipment being rented or sold does not interfere with the off-street parking requirements for the service station and does not interfere with the traffic circulation indicated on the approved site plan.

12.

Such uses that are located less than two hundred (200) feet from a residential lot in a residential zone, measured from the perimeter of the lot line to the nearest point of the residential lot in the residential zone, shall be closed between the hours of 11:00 p.m. and 6:00 a.m.

13.

The following uses shall not be permitted as accessory uses associated with a gasoline service station:

Car washes.

Convenience retail stores.

Motor vehicles sales and display.

Houses of Worship.

Minimum lot area: two (2) acres.

Minimum frontage: two hundred (200) feet.

Minimum front yard: fifty (50) feet.

Minimum rear yard: fifty (50) feet.

Minimum side yards (each): fifty (50) feet.

Maximum building height (excluding spires, steeples, cupolas, and other ornamentation): Same as zoning district requirements for permitted uses.

Side Buffer: A strip of land twenty (20%) percent of the average width of the property, but not to exceed fifty (50) feet, shall be planted and maintained as a landscaped side yard buffer in each side yard that abuts a residential zone or use.

Maximum lot coverage: forty (40%) percent.

10.

Maximum building coverage: fifteen (15%) percent.

11.

Parking shall be only in side and rear yards.

12.

Minimum parking setback from property lines: twenty (20) feet.

Institutional Uses or Structures. Institutional uses, buildings and structures, as defined in this chapter, shall be subject to the following:

The property on which the structure or building is to be constructed or the activities conducted must contain a minimum of two (2) acres.

No building shall be closer than fifty (50) feet to the side or rear line of any adjacent property. These fifty (50) feet shall be considered as a buffer strip and shall be landscaped in accordance with the standards set forth in this chapter.

No building or structure shall be closer than sixty (60) feet to neither any front street property line nor less than fifty (50) feet from any other structure. Except as permitted in this Article, no building or structure shall be higher than forty (40) feet.

All buildings must be served by driveways to be approved as to size, curvature, grade and surface to provide easy access for emergency vehicles, such as police and fire equipment.

No parking shall be permitted between the front building line and the street right-of-way.

Philanthropic.

No parking shall be permitted between the front building line and the street right-of-way.

All buildings must be served by driveways to be approved as to size, curvature, grade and surface to provide easy access for emergency vehicles, such as police and fire equipment.

Private Clubs.

Minimum lot size: nine (9) acres.

Maximum building coverage: five (5%) percent.

Maximum lot coverage: fifteen (15%) percent.

Public Utility Buildings.

The building shall be designed to be residential in appearance.

The lot shall be landscaped consistent with the residential character of the neighborhood.

Parking shall only be permitted in the side or rear yard. No more than two (2) spaces are permitted.

No employees shall be permitted to work on a regular basis in the building.

Wireless Telecommunications Technology.

Purpose. The purpose of this paragraph is to regulate the location, placement, operation and maintenance of WT Technology within the City of Summit.

This section is intended to meet the requirements of the Telecommunications Act of 1996, while at the same time reasonably regulating WT Technology within the City.

This section is also intended to protect the City from the visual or other adverse impacts of these facilities, while encouraging their unobtrusive development to provide comprehensive wireless telecommunications services in the City with its attendant benefits to residents and businesses.

General Requirements for WT Technology.

Siting Priorities. Pursuant to the needs analysis required below, an application to install, construct, erect, move, reconstruct or modify any WT antenna shall be subject to siting priorities as follows:

(1)

If the analysis demonstrates that it is reasonably necessary to install, construct, erect, move reconstruct or modify a WT antenna within the City of Summit, then subject to all other permitted conditional use standards, the proposed WT antenna may be located upon an existing building or other structure within the CRBD, RO-60, PI, or LI Zones.

(2)

If the analysis demonstrates that it is not reasonably practicable to install, construct, erect, move, reconstruct, or modify the proposed WT antenna upon an existing building or structure within the CRBD, RO-60, PI, or LI Zones, then, subject to all other permitted conditional use standards, the proposed WT antenna may be located or co-located upon an existing WT tower within these zones.

(3)

If the analysis demonstrates that it is not reasonably practicable to install, construct, erect, move, reconstruct and/or modify the proposed WT antenna upon an existing WT Tower within the CRBD, RO-60, PI, or LI Zones, then, subject to all other permitted conditional use standards, the proposed WT antenna may be located or co-located upon a new WT tower to be constructed within the RO-60, or LI Zones only.

(4)

WT Antennas. WT antennas shall be consistent with the following requirements:

(i)

Microwave dishes, cones, or other antennas used for the purpose of point-to-point microwave transmission or microwave links are expressly prohibited.

(ii)

Platform mounted or side-arm mounted antennas, of any kind are expressly prohibited.

(iii)

Subject to the siting priorities set forth above, WT antennas may be mounted on existing buildings or other structures or on WT towers, provided that:

[a]

WT antennas mounted on existing buildings or other structures shall not, when combined with the height of the building or structure on which they are located, exceed the maximum permitted height in the zone, or the height of the existing building or structure, whichever is greater, except when mounted on the face of new or existing mechanical rooms or structures on the roof of the building, and

[b]

WT antennas mounted on WT towers shall not extend beyond the height limitations for such towers.

(iv)

WT Antennas shall be constructed, finished, painted and otherwise camouflaged so as to blend in with their background and minimize their visual impact on the landscape.

(5)

WT Towers: WT towers shall be consistent with the following requirements:

(i)

WT towers shall be limited to monopole designs only. Freestanding lattice towers and guyed towers of any kind are prohibited.

(ii)

Unless technologically infeasible, WT towers shall be designed to permit co-location of additional antennas.

(iii)

The maximum height of any WT tower, including any WT antennas or other equipment mounted thereon, shall not exceed seventy-five (75) feet, except where sufficient engineering data clearly establishes that existing trees or buildings will interfere with the proper operation of the WT antennas, the height may be increased to a maximum of one hundred feet (100) feet.

(iv)

No WT tower shall be lighted except as may be required by State or Federal law.

(v)

No WT tower shall bear any signs, displays, or advertisements of any kind except as may be required by law.

(vi)

WT towers shall be constructed, finished, painted and camouflaged to blend in with their background and minimize their visual impact on the landscape.

(6)

WT Equipment and WT Equipment Compound. All WT equipment shall be housed within a WT equipment compound, consistent with the following requirements:

(i)

WT equipment compounds shall be enclosed within a locked security fence at least seven (7) feet in height, unless located within or on the roof of an existing building.

(ii)

No WT equipment compound or any WT equipment housed therein shall exceed twelve (12) feet in overall height.

(iii)

WT equipment compounds, including the fence enclosure, shall be constructed, finished, painted and camouflaged to minimize their visual impact on the landscape.

(iv)

When WT equipment is installed on the roof of a building, the area of the WT equipment and other structures permitted on the roof of the building shall not exceed twenty-five (25%) percent of the total roof area.

(v)

Landscaping shall be provided along the perimeter of the WT equipment compound to provide a visual screen or buffer for adjoining private properties and the public right of way. Required front yard setback areas shall also be landscaped for the same purpose. All WT equipment shall be screened by an evergreen hedge seven (7) to ten (10) feet in height at planting time, or a solid or semi-solid fence, or both.

(7)

Visual Impact. The applicant shall demonstrate that all reasonable efforts were employed to camouflage and minimize the visual impact of any WT technology installed or constructed pursuant to the provisions of the Article. All WT technology shall be located to minimize visual impacts on the surrounding area in accordance with the following standards. In applying these standards, locations in a higher priority category as defined in this section shall be deemed more acceptable than lower priority sites.

(i)

Sites for WT technology must demonstrate that they provide the least visual impact on residential areas and public way. All potential visual impacts must be analyzed to illustrate that the selected site provides the best opportunity to minimize the visual impact of the proposed facility.

(ii)

WT technology shall be located to avoid being visually solitary or prominent when viewed from residential areas and the public right-of-way. Vegetation, tree cover, topographic features and/or other structures, whether natural or manufactured, shall obscure the facility to the maximum extent feasible.

(iii)

WT technology shall be placed to ensure that historically significant viewscapes, streetscapes, and landscapes are protected. The views of and vistas from architecturally and/or significant structures shall not be impaired or diminished by the placement of telecommunication facilities.

[a]

WT technology shall fully conform to all applicable State, Federal and local laws.

[b]

Routine maintenance of WT Technology shall be limited to the hours of 7:00 a.m. to 7:00 p.m.

Setback Requirements for the Location of WT Technology.

The minimum setback from any school lot line or other lot line on which a licensed educational facility is located shall be one hundred fifty (150) feet.

The minimum setback from any preexisting residential property lot lines located within the CRBD, RO-60, PI or LI Zones shall be one hundred fifty (150) feet.

The minimum setback from any other zone shall be one hundred fifty (150) feet.

No WT technology shall be located in the required setbacks of any lot.

No WT technology shall be located on any residential property or on any nonconforming use within the CRBD, RO-60, PI, or LI Zones.

Additional Site Plan Requirements. In addition to compliance with all applicable zoning and site plan requirements, applications for approval of WT Technology shall include the following:

An access road, turnaround, and one parking space, as may be necessary to provide adequate emergency and service access, using existing roads, public or private, to the maximum extent practicable;

The color or colors of the proposed WT equipment and the camouflage methods used;

A Visual Environmental Assessment Form ("Visual EAF") with particular attention given to the visibility of the proposed WT equipment from key viewpoints identified in the Visual EAF, existing tree lines, and proposed elevations;

A map of existing WT technology within the City of Summit which is owned, leased or otherwise under the custody, control, or use of the applicant at the time of application, and of sites within the City of Summit where WT technology is proposed or projected to be installed, constructed, erected, moved, reconstructed and/or modified by or for the benefit of the applicant within the next six (6) months;

A certified load analysis report for the building structure, existing WT tower, or proposed WT tower upon which a WT antenna is proposed to be located, indicating its ability to support the proposed WT antenna and possible future, co-located WT antennas;

The approving authority may waive any of these requirements, for good cause shown, where an application is made to locate the proposed WT antenna upon an existing building, structure, or WT tower.

Application Requirements for Conditional Use Permits for WT Technology. In addition to submission of all other forms, site plans, plats, and other documentation required for an application by the Zoning Ordinance, all applicants for a conditional use permit for the installation, constructing, erection, movement, reconstruction, or modification of any WT technology shall also submit the following:

Need Analysis. The Need Analysis shall contain documentary evidence demonstrating the need for the proposed installation, construction, erection, movement, reconstruction or modification of any WT technology within the City. This evidence shall include, at a minimum:

(1)

The WT service provider's wireless telecommunications network layout and coverage area for a radius of at least five (5) miles from the zone where the WT technology is planned, identifying all locations:

(i)

In operation as of the filing date of the conditional use permit application;

(ii)

Under construction as of the filing date of the conditional use permit application; and

(iii)

Pending approval before any licensing authority as of the filing date of the conditional use permit application.

(2)

All results and, to the extent requested by the approving authority, supporting data derived from tests which must be conducted to determine before and after signal strength plots. These results and data:

(i)

Shall demonstrate the actual existing signal coverage in effect at the time of application, contrasted with the proposed signal coverage which would result from the proposed installation, construction, erection, movement reconstruction, or modification of WT technology within the City of Summit; and

(ii)

Shall be certified by a qualified radio frequency engineer. The City reserves the right to retain a radio frequency engineer on its own behalf at applicant's expense to review the results or data submitted by the applicant.

(3)

A search ring of the zone in which the WT technology is proposed, prepared by a qualified radio frequency engineer and overlaid on an appropriate background map, demonstrating the area within the zone where the WT technology needs to be located in order to provide reasonably necessary signal strength and coverage to the target cell.

(4)

In connection with the signal strength plots and search ring described above, the applicant must provide a report prepared by a qualified radio frequency engineer which explains why the proposed location was selected and which specifically addresses at a minimum:

(i)

If the applicant proposes to install, construct, erect, move, reconstruct or modify a WT antenna upon an existing structure or building why it is reasonably necessary to locate that WT antenna within the City of Summit.

(ii)

If the applicant proposes to install, construct, erect, move, reconstruct or modify a WT antenna upon an existing WT tower.

[a]

Why it is reasonably necessary to locate that WT antenna within the City of Summit, and

[b]

Why it is not reasonably practicable to locate or co-locate that WT antenna upon an existing building or structure within the zone, and

(iii)

If the applicant proposes to install, construct, erect, move, reconstruct and/or modify a WT antenna upon a new WT tower.

[a]

Why it is reasonably necessary to locate that WT antenna within the City of Summit; and

[b]

Why it is not reasonably practicable to locate of co-locate that WT antenna upon an existing building or structure within the zone; and

[c]

Why it is not reasonably practicable to locate or co-locate that WT antenna upon an existing WT tower within the zone.

(iv)

These requirements do not apply to changing the direction of any existing WT antenna.

(5)

The maximum permissible exposure analysis for the power at which this proposed WT technology is expected to operate, subject to all applicable State and Federal regulations in effect at the time of the installation.

Permit Standards. The following criteria shall be considered by the approving authority prior to the approval or denial of a request for a conditional use permit for WT technology. These criteria may be used as a basis to impose reasonable conditions on the applicant.

Aesthetics. WT technology shall be located, buffered and camouflaged to the maximum extent practicable and technologically feasible to help ensure compatibility with surrounding land uses. In order to minimize any adverse aesthetic effect on neighboring residences to the extent possible, the approving authority may impose reasonable conditions on the approval of the application including the following:

(1)

The approving authority may require the applicant to show that it has made good-faith efforts to minimize the height of proposed towers: to co-locate on existing buildings, structures or WT towers: or to locate proposed new WT towers near existing towers in an effort to consolidate visual disturbances.

(2)

The applicant must submit a copy of its policy regarding co-location with other potential applicants on any proposed WT tower.

(3)

The approving authority may require the applicant to use additional camouflage and/or otherwise modify the proposed construction to minimize the visual impact of the WT technology.

Radio Emissions. The proposed WT antenna shall be operated such that exposure to the RF emissions in normally accessible locations remain within Federal Communications Commission (FCC) exposure guidelines and comply with other related state or federal requirements. The approving authority may impose conditions on the applicant that competent documentation is provided which establishes that the proposed WT antenna will comply with these guidelines and requirements, and that operation of the proposed WT antenna will not interfere with radio and television reception or with the operation of any other consumer or medical device.

Removal of WT Technology. The applicant shall agree to remove any WT technology if all or part of any such WT technology becomes obsolete, is unrepaired for an unreasonable period, or ceases to be used for its intended purpose for twelve (12) consecutive months.

(1)

The City of Summit may, at its sole discretion, require the applicant to provide a demolition bond to the City of Summit for the purpose of assuring the removal of any WT technology in accordance with the provisions of this paragraph H.

(2)

The applicant will be responsible for providing, on an annual basis, written estimates to the City of Summit for the cost to demolish and/or remove the WT technology, and to restore the land upon which it is located. Such estimates will be used to establish whether any adjustment is required in the amount of the required demolition bond.

Structural Safety.

(1)

Upon written request from the City of Summit at any time, during the application process or after the installation, construction, erection, movement, reconstruction, or modification of any WT technology, the applicant shall provide a report from a licensed professional engineer certifying as to the condition of the WT technology with respect to applicable structural safety standards.

(i)

Such requests from the City shall not occur more often than once every three (3) years.

(ii)

If the engineer's report recommends that repairs or maintenance are required, then a letter shall be submitted to the City which shall contain a reasonable schedule for the required or maintenance.

(iii)

Upon their completion, a letter shall promptly be submitted to the City of Summit to certify same.

(2)

In the event the applicant fails to comply with these requirements regarding structural safety, the City of Summit reserves the right in addition to all of its other rights and remedies available under State, Federal and local law to declare the applicant in default of its obligations under this chapter.

(i)

Should that occur, the applicant will have thirty (30) days to notify the City as to how it intends to cure its default, setting forth a reasonable schedule for same.

(ii)

In the event the applicant fails to so notify the City, or fails to cure as agreed, the City may draw on the applicant's demolition bond and arrange for the removal and/or demolition of the applicant's WT technology; declare the WT technology to be abandoned and arrange for the public auction of the WT technology; and/or pursue such other remedies at law and in equity as may be available.

(iii)

Nothing in this paragraph H. shall be construed to limit the applicant's liability for criminal prosecution.

Technical Consultants. The approving authority may retain technical consultants as it deems necessary to provide assistance in the review of the application, the technical support data, and the proofs and documents submitted to demonstrate compliance with the ordinance. The applicant shall bear the reasonable costs associated with such review and consultation, which cost shall be deposited in accordance with the City's escrow provisions.

§ 35-4.5 NON-CONFORMING USES, STRUCTURES AND LOTS.

§ 35-4.5-1 Continuance of Existing Nonconforming Uses and Structures.

[Ord. No. 03-2580 Art. 4 § 4.5-1]

Any non-conforming use or structure which lawfully existed at the time of the passage of this Article may be continued, and any existing legally nonconforming building or structure may be reconstructed or structurally altered, but only in accordance with the requirements of this Article.

§ 35-4.5-2 Discontinuance of Abandoned Nonconforming Uses.

[Ord. No. 03-2580 Art. 4 § 4.5-2]

Any nonconforming use which has not been used for a continuous period of one (1) year or more shall be deemed abandoned and shall not thereafter be revived.

§ 35-4.5-3 Alteration, Extension or Enlargement of Nonconforming Use or Structure.

[Ord. No. 03-2580 Art. 4 § 4.5-3]

A nonconforming use of any building, structure or land shall not be increased, enlarged, extended or changed in any manner whatsoever.

No building in which a nonconforming use exists shall be enlarged, extended or structurally altered in any manner; provided, however, that:

Nothing herein shall prevent the repair and maintenance of any building wherein there exists a nonconforming use, provided that such maintenance and repair does not in any way constitute or result in a further extension, expansion or increased intensity of a non-conforming use.

Minor alterations and improvements which do not constitute or require structural changes may be made in or to a building wherein a nonconforming use exists, provided that such nonconforming use will not be increased, extended or enlarged thereby.

Nothing herein shall prevent the strengthening or restoration to a safe and lawful condition of any part of any building which is nonconforming.

Structural alterations, internal rearrangements, additions and renovations may be made in a building or structure which is nonconforming because it fails to comply with height, area, yard, off-street parking or other like requirements of this Article, other than use, so long as the structural alteration or increase, internal rearrangement or renovation does not extend or enlarge the nonconformance of said building or structure.

A nonconforming use changed or altered to a conforming use may not thereafter be changed back to a nonconforming use.

§ 35-4.5-4 Restoration of Lawfully-Existing Buildings or Structures Non-Conforming Because of Use.

[Ord. No. 03-2580 Art. 4 § 4.5-4]

Whenever a building or structure is nonconforming by reason of its use, such building or structure may be restored or repaired in the event of partial destruction thereof.

§ 35-4.5-5 Restoration of Lawfully Existing Buildings or Structures Non-Conforming for Reasons Other Than Use.

[Ord. No. 03-2580 Art. 4 § 4.5-5]

Whenever a building is nonconforming because it fails to comply with any height, area, yard, off-street parking or requirements of this Article, other than use, and such building is partially destroyed, such building may be restored to its prior condition; provided, however, that such restoration shall not enlarge the previously existing non-conformance.

§ 35-4.5-6 Nonconforming Improved Lot.

[Ord. No. 03-2580 Art. 4 § 4.5-6]

When an improved lot in a residential zone exists as a separate isolated lot (the lot does not adjoin any land or lot of the same owner), and which said improved lot is non-conforming due to size, shape, area or setback, any existing residential building or structure on the lot may be further improved, provided that:

The number of dwelling units shall not be increased even if such increased number of dwelling units is allowed in the zone, unless approved by the Zoning Board of Adjustment.

Any existing nonconforming setbacks from streets, side lot lines or rear lot lines shall not be extended or made more nonconforming, including any vertical additions of any type.

Any existing and proposed improvement on the nonconforming improved lot shall not exceed the percentage of maximum building coverage, lot coverage, and floor area ratio set forth in of Space Regulations.[1]

[1]

Editor's Note: The Schedule of Space Regulations referred to herein may be found in Appendix B at the end of this chapter.

§ 35-4.5-7 Nonconforming Unimproved Lot.

[Ord. No. 03-2580 Art. 4 § 4.5-7]

Notwithstanding any other provisions of this Article, any existing non-conforming lot in the R-43, R-25, R-15, R-10, R-6 and R-5 zones not adjoining any vacant land and which is non-conforming due to width or area, may be improved with a new building or structure in accordance with the use requirements of this Article, provided that the structure shall meet all other requirements in Schedule of Space Regulations.[1]

[1]

Editor's Note: The Schedule of Space Regulations referred to herein may be found in Appendix B at the end of this chapter.