A.
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.
B.
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.
C.
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, building location,
coverage and floor area ratio regulations hereinafter designated for
the district in which such building or open space is located.
D.
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.
[Amended 12-1-2020 by Ord. No. 20-3225]
A.
Where a use is not specifically permitted in a zone district, it
is prohibited.
B.
All classes of cannabis establishments or cannabis distributors or
cannabis delivery services as said terms are defined in Section 3
of P.L.2021, c. 16, are prohibited in all zones, but not the delivery
of cannabis items and related supplies by a delivery service. Cannabis
does not include: medical cannabis dispensed to registered qualifying
patients pursuant to the Jake Honig Compassionate Use Medical Cannabis
Act, P.L.2009, c.307 (N.J.S.A. 24:6I-1 et al.) and P.L.2015, c.158
(N.J.S.A. 18A:40-12.22 et al.) and this provision shall not be construed
to limit any privileges or rights of a qualifying patient, primary
caregiver, physician, registered dispensary or other person acting
in accordance with the New Jersey Compassionate Use Medical Cannabis
Act.
[Amended 6-1-2021 by Ord. No. 21-3236]
C.
Marijuana plants, products, accessories, and associated paraphernalia
contained in any medical marijuana dispensary shall not be visible
from a public sidewalk, public street or right-of-way, or any other
public place. On-site storage of usable marijuana shall comply with
21 CFR 1301.72. No consumption or smoking of any medical marijuana
products shall be allowed or permitted on the premises or adjacent
grounds of a medical marijuana dispensary.
Notwithstanding compliance with specific conditional use standards
hereinafter set forth, conditional uses shall require site plan approval
by the appropriate board.
The Schedule of Area and Bulk Requirements, dated October 6,
2020, located in the Appendix at the end of this chapter,[1] is hereby made part of this chapter. The area, yard and
building requirements set forth therein shall be considered the minimum
standards and requirements governing the use of land in the City,
and should there be a similar regulation which is more restrictive
in this chapter or any other City ordinance or statute affecting any
application hereunder, the more restrictive provision shall apply.
[1]
Editor's Note: The Appendixes are included as attachments to this chapter.
The control and regulation of the uses of buildings and structures,
as herein provided, shall equally apply to the nature and extent of
the use of the land.
A.
Unless otherwise provided herein, all yard, open spaces, vehicular
access and off-street parking must be contained on the lot and within
the zone district in which the use is located.
B.
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 § 35-9.6C below.
C.
Any nonconforming unimproved 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 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 or Zoning Board
of Adjustment.
D.
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.
E.
Neighborhood average calculation. When computing the neighborhood
averages referred to in this chapter, the neighborhood shall consist
of the three lots on both sides of the subject property and three
nearest lots across the street from the property having common street
frontage(s) and regardless of zone designation. In cases where there
are fewer than three lots on one or both sides of the subject property,
or three lots across the street, for purposes of neighborhood average
calculations as provided in this chapter, the average calculation
shall be based on the greatest number of applicable lots up to an
intervening street or street terminus. Lots with principal buildings
having front yard setbacks equal to or greater than two times the
minimum required front yard setback of their respective zones shall
not be included in any neighborhood average calculation.
A.
No more than one principal building shall be permitted on one 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 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.
B.
Any accessory structure shall be considered part of the principal
building for the purposes of determining setbacks when attached by
any means to the principal building, or greater than 100 square feet
in area and located within five feet of the principal building.
Structures which are accessory to a principal building or use
shall be subject to the regulations of this section.
A.
General requirements.
1.
No accessory building shall be constructed on any lot on which there
is not a principal building.
2.
Any accessory structure shall be considered part of the principal
building for the purposes of determining setbacks when attached by
any means to the principal building, or greater than 100 square feet
in area and located within five feet of the principal building.
3.
Accessory uses prohibited in all zones include, but are not limited
to, the following:
B.
The following requirements shall apply in all residential zones:
1.
No accessory building shall be used as a dwelling unit or for the
conduct of a home occupation.
2.
In residential zones, no accessory building or structure shall have
a floor or ground area in excess of 576 square feet, nor shall any
dimension be longer than 24 feet.
3.
Except as specifically permitted elsewhere in this chapter, no accessory
building or structure shall exceed 15 feet in height. Detached garages
and pool houses for single- and two-family homes may exceed the maximum
fifteen-foot height requirement only when it is determined that such
an increase in height is required to match the roof pitch of the principal
building for purposes of design continuity, and where the required
setbacks of the accessory structure conform to the requirements of
this chapter. In no case shall garage or pool house height exceed
18 feet. The two lowest exterior walls of any accessory building or
structure shall not exceed a vertical dimension of 10 feet.
4.
No detached accessory building or structure shall be permitted in
any front yard or side yard, except as otherwise permitted in this
chapter.
5.
Detached accessory structures such as garages, sheds, and other passive
structures shall not be located less than four feet from rear or side
property lines in the required rear yard. Structures such as gym or
play sets, playhouses, tree houses, decks, pergolas, gazebos, firepits,
athletic courts, or other active structures shall not be located less
than 15 feet from the rear or side property lines in the required
rear yard. All accessory structures are prohibited between any part
of the front building facade and the street right-of-way, but on corner
lots they may be placed in a side yard, provided the four- or fifteen-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 times the minimum required front yard setback for the
zone.
6.
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, residential."
7.
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.
8.
Patios, decks, swimming pools, athletic courts and other accessory
structures shall be included when calculating lot coverage.
C.
The following requirements shall apply in all nonresidential zones:
1.
Accessory uses, buildings and structures shall only be permitted
to be located on a lot that contains a principal building.
2.
Except as specifically permitted elsewhere in this chapter, no accessory
building or structure shall exceed 15 feet or be more than one story
in height.
3.
No accessory building or structure shall be permitted in any front
yard.
4.
Accessory buildings and structures shall meet the minimum side yard
requirements for principal buildings.
5.
Active accessory buildings and structures, including, but not limited
to, maintenance buildings, workshops and spaces where work, repairs
or maintenance are performed, shall have a minimum rear yard setback
of 15 feet. Passive accessory structures such as storage buildings
and sheds shall have a minimum rear yard setback of four feet.
6.
Accessory buildings and structures shall be located at least 10 feet
from another building or structure.
A.
Agricultural uses.
1.
Beekeeping.
a.
Beehives shall be permitted on lots of at least 25,000 square feet
in area, limited to two hives per lot.
b.
Beehives shall not be permitted in the front or side yard and shall
have minimum required setbacks of 50 feet from all lot lines.
c.
No hive shall be within 100 feet of any dwelling unit other than
that occupied by the person(s) maintaining the hive(s).
d.
No hive shall be kept or maintained within 200 feet of a dwelling
occupied by any person systemically allergic to bee stings.
e.
No hive shall be kept or maintained on any lot that adjoins another
lot that is occupied by a person who is systemically allergic to bees.
B.
Attached decks, patios and terraces. Attached decks, patios and terraces
must meet the required yard setbacks for principal buildings, except
that attached patios may encroach into the required rear yard by no
more than 10 feet.
C.
Boarders and roomers. In any single-family, owner-occupied residential
dwelling, not more than two persons shall be permitted to occupy a
portion of the dwelling unit as boarders or roomers in accordance
with the following requirements:
1.
Not more than one roomer or boarder may occupy a sleeping room, except
that a sleeping room that exceeds 200 square feet in floor area or
1,800 cubic feet in volume may be occupied by two persons.
2.
Each sleeping room shall be at least 80 square feet in area.
3.
There shall be no cooking facilities in any sleeping room.
D.
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:
1.
In the NB, ORC, ORC-1, PL, MF, MFT, TH-1, TH-2 and in all residential
and overlay zones, one such commercial vehicle and associated equipment
less than 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.
2.
In all other zones, one commercial vehicle, tractor, piece of construction
machinery or equipment less than 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. Such vehicles or equipment
shall be set back at least five feet from lot lines and screened with
solid fencing and or vegetation at least seven feet in height.
3.
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 ongoing.
E.
Electric vehicle charging stations.
1.
Nonretail electric vehicle ("EV") charging stations shall be permitted
accessory uses in all zones.
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2.
In off-street parking facilities of 20 spaces or more, a minimum
of 7% of such spaces, rounded up to the nearest whole number, shall
contain facilities for EV charging.
3.
Retail electric vehicle charging stations shall be permitted accessory
uses in the B Zone in parking lots of at least 50 spaces of which
no more than six parking spaces may be designated for retail vehicle
charging, and where the site's parking requirement is satisfied, excluding
such designated charging spaces. Site plan approval shall be required
for all retail electric vehicle charging station applications.
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4.
Retail charging stations shall only contain signage on the charging
station units, limited to the identification of the charging operator,
pricing, safety information and instructions. No other form of advertisement
is permitted on the EV charging station equipment.
5.
Canopies and other similar roof-like structures shall not be permitted
above EV charging stations.
6.
All equipment related to EV charging stations/units shall be screened,
except for the electrical dispensing units which connect directly
to consumer vehicles via power cords.
7.
Existing or approved landscape or open space areas shall not be removed
to accommodate EV charging facilities.
F.
Green roofs. Green roofs shall be permitted in all zone districts,
subject to the following provisions:
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1.
Structural support. The structural roof support must be sufficient
to hold the additional weight of the green roof. Generally, the building
structure must be adequate to hold an additional 15 pounds to 30 pounds
per square foot (psf) saturated weight, including the vegetation and
growing medium that will be used (in addition to snow load requirements).
An existing rock ballast roof may be structurally sufficient to hold
a ten-psf to twenty-psf green roof (if the ballast is removed). Notwithstanding
the above provisions, the roof structure and any green roof additions
must meet all applicable building codes.
2.
Impervious coverage calculation. The area of a green roof shall be
excluded from the calculation of impervious coverage at a one square
foot to 1/4 square foot or 4:1 ratio, provided the green roof does
not receive water from other impervious areas. (One square foot of
qualifying green roof coverage = 0.25 square foot impervious coverage
credit.)
3.
Slope. The maximum roof slope shall be 20%, unless the applicant
provides documentation of runoff control on steeper slopes. This provision
shall not supersede minimum roof pitch requirements provided in other
sections of this chapter.
4.
Waterproofing. A sufficient quality waterproofing material, such
as modified asphalt, synthetic rubber, or reinforced thermal plastics,
shall be used on the roof surface.
5.
Root barrier. If a root barrier is used in addition to waterproofing
material, it must extend under any gravel ballast and the growing
medium and up the side of any vertical elements. Root barriers impregnated
with pesticides, metals, or other chemicals that may leach into stormwater
are not permitted, unless the applicant can provide documentation
that leaching does not occur.
6.
Drainage. A method of drainage must be provided, although a manufactured
product is not required. The drainage layer may include fabric, gravel,
or be the growing medium itself. An approved discharge location must
be identified for every green roof and drain provided.
7.
Growing medium. A minimum of four inches of growing medium is required,
composed of roughly 70% porous material, 20% organic material (i.e.,
aged compost), and 10% digested fiber or other mix approved by the
City Forester or landscape architect. Green roofs with more than six
inches of growing medium are acceptable, provided they meet all other
requirements.
8.
Vegetation and coverage. Drought-tolerant plants must achieve 90%
coverage within two years. At least 25% of the green roof must be
composed of evergreen species. A maximum of 10% of the green roof
may be composed of nonvegetated components such as gravel ballast,
pavers for maintenance access, etc. Mechanical units may protrude
through the green roof; but are not considered elements of the green
roof. Green roof vegetation shall be:
a.
Drought-tolerant, requiring little or no irrigation after establishment;
b.
Self-sustaining, without the need for fertilizers, pesticides, or
herbicides;
c.
Able to withstand heat, cold, and high winds;
d.
Very low-maintenance, needing little or no mowing or trimming;
e.
Perennial or self-sowing;
f.
Fire-resistant; and
g.
Noninvasive alien plant and tree species.
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9.
Mulch. A method to protect exposed soil from erosion must be provided,
such as gravel mulch.
10.
Maintenance. The property deed shall stipulate that green roofs are
to be maintained for a period of no less than 10 years. Only nonchemical
fertilizers may be used. Pesticides and herbicides of any kind are
prohibited on green roofs. During the establishment period (up to
three years), irrigation shall not exceed 1/2 inch of water every
10 days, regardless of water source. Post-establishment irrigation
shall not exceed 1/4 inch of water every 14 days (May through October),
regardless of water source.
11.
Access. Convenient elevator access to the roof or other suitable
means of access shall be provided to facilitate routine maintenance
of green roof facilities where such roof access for maintenance cannot
be directly accessed by a mechanized lift.
G.
Home occupations. In any dwelling unit, a resident may conduct a
business activity, subject to the following:
1.
No person other than members of the family residing on the premises
shall be engaged in such occupation;
2.
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 25% of the floor area of the dwelling
unit shall be used in the conduct of the home occupation;
3.
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;
4.
No home occupation shall be conducted in any accessory building;
5.
There shall be no sales or other client visits in connection with
such home occupation;
6.
No traffic or parking shall be generated by such home occupation
in greater volumes than would normally be expected in a residential
neighborhood;
7.
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;
and
8.
No nuisance factors shall be permitted.
H.
Mobile dwellings, trailers and recreational equipment and vehicles.
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 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 days to non-Summit residents, provided such vehicles are not
occupied while parked on the subject premises.
I.
Motor vehicle lifts and vehicle stacking facilities.
1.
Hydraulic vehicle lifts, pallet parking and other automatic or semiautomatic
stacked parking systems shall be permitted in multifamily buildings
and mixed-use buildings containing residential uses above the first
floor as alternatives to traditional, horizontally oriented, structured
garage parking. The feasibility of such parking systems to accommodate
their associated land uses shall be subject to Planning or Zoning
Board of Adjustment review and approval. This shall include consideration
of the total number of required and provided parking spaces, facility
operations, procedure and duration of time to drop-off and retrieve
vehicles and facility access.
2.
All stacked vehicle parking equipment and systems shall be fully
enclosed within a garage-like enclosure attached to or within the
principal building which it is intended to serve and meet all applicable
building and fire code requirements.
3.
Given the inherent nature of stacked vehicle parking systems, such
parking facilities shall not be subject to minimum parking stall dimensions
or hairpin striping parking requirements. However, applicants proposing
stacked parking spaces shall demonstrate the ability to accommodate
typical consumer vehicle dimensions.
4.
Parking facilities containing stacked parking systems shall not be
exempt from providing the required number and configuration of ADA-compliant
handicap parking stalls.
5.
The exterior facade of indoor parking facilities shall be consistent with the design requirements and character of the principal building including such design elements as materials, vertical and horizontal building articulation and fenestration in accordance with the design requirements set forth in Article XIV and design guidelines located in the Appendix of this chapter.[1]
[1]
Editor's Note: The Appendixes are included as attachments to this chapter.
J.
Outdoor dining. Outdoor dining shall be permitted as an accessory
component to a permitted restaurant use or retail food establishments
and regulated as follows:
1.
Section 4-20, Regulating of sidewalk cafes, of the City's Revised General Ordinances sets forth the criteria for seating on sidewalks within the public right-of-way. The outdoor dining regulations provided in this section shall apply to outdoor dining located on private property.
2.
Seating for restaurant outdoor dining shall not exceed 20 seats and
shall not be deemed to require additional parking. Total indoor and
outdoor seating for retail food establishments shall not exceed 12
seats and shall not be deemed to require additional parking.
3.
Outdoor eating areas may be located on sidewalks, plazas, and courtyards
immediately adjacent to any retail food establishment or restaurant.
Such facilities shall be provided in a manner that pedestrian circulation
or access to store entrances is not impaired. Outdoor dining facilities
may only replace parking spaces if the remaining number of parking
spaces complies with the required number of spaces for the use(s)
in accordance with this chapter.
4.
Outdoor seating areas shall provide an unobstructed pathway of at
least four feet between tables, chairs and surrounding fixtures or
obstructions. All outdoor dining areas shall be designed in compliance
with the Americans with Disabilities Act (ADA)[2] guidelines.
[2]
Editor's Note: See 42 U.S.C. § 12101 et seq.
5.
Outdoor dining areas shall be located a minimum of 10 feet from any
driveway.
6.
The City Engineer or Police Department shall make a determination
as to whether any bollards or other safety mechanisms are required
around the perimeter of the dining area exposed to vehicular traffic.
7.
Umbrellas, awnings and canopies with a minimum clearance of seven
feet and heating units are permitted for outdoor dining areas.
8.
Screening in the form of landscaping, fencing and/or walls minimally
three feet in height shall be required to provide a visual buffer
from outdoor seating areas.
K.
Outdoor display of merchandise. The outdoor display of merchandise
is prohibited in all zones, except for auto dealerships and during
special or holiday events organized by Summit Downtown, Inc. ("SDI"),
or other Special Business Improvement District programming for geographically
specific areas within the City.
L.
Outdoor storage. The storage of materials, products and equipment
in unenclosed outdoor areas is prohibited in all zones.
M.
Parking garages and structures. The following regulations shall pertain
to parking garages and structures as defined in this chapter.
1.
Location. Above-grade, structured parking facilities shall only be
permitted in the LI, PROD, PROD-2, PI, RO-60, GW I and GW II Zones.
In all other zones, only surface parking and below-grade or underground
parking facilities shall be permitted, excluding the Broad Street
West Redevelopment Area, for which the redevelopment plan shall govern.
2.
Building design requirements.
a.
Parking structures shall be designed to not be detectable as parking
structures or resemble traditional parking structures with monotonous
colors and materials, expansive blank walls, lack of regular horizontal
and vertical building articulation, devoid of pedestrian scale features,
and long uninterrupted rooflines, as further addressed below.
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|
NOTE: The exterior facade of the above parking garage is composed
of a single color and building material with no variation in roofline
or division in massing with building forms, materials or height. The
structure generally lacks architectural detail and ornamentation.
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b.
The maximum permitted height of a parking structure shall be measured
to the uppermost parking level surface if unenclosed or, if enclosed,
the top of roof in accordance with the maximum permitted height of
the respective zone in terms of feet. The maximum number of stories
permitted in any zone shall not apply to the height limitations of
detached, stand-alone parking structures.
c.
The unenclosed upper level of any above-grade parking structure shall
have a solid parapet wall not less than four feet in height, or as
may otherwise be required by building code, whichever is greater.
d.
All voids in a parking structure shall be architecturally detailed
with sculptural elements, murals and/or green-screened with living
vegetation to minimize the visibility of vehicles and light from within
the structure.
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e.
Parking structures attached to a principal building shall be designed
to reflect the occupied portions of the building (i.e., style, materials,
fenestration, etc.).
 |
f.
The horizontal planes of above-grade parking structures shall have
vertical breaks complementary in scale to the building's overall configuration
and mass at least every 50 feet with a minimum width of two feet and
depth of one foot. Long horizontal rooflines or parapet walls exceeding
an uninterrupted length of 50 feet are prohibited.
g.
The facade of a parking structure directly fronting a public right-of-way
shall have a delineated floor line between the street level and upper
floors in the form of a masonry belt course, concrete lintel, cornice
line or similar architectural detail. Such horizontal feature shall
have a minimum height of one foot.
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h.
A minimum of 25% of parking structure facades shall remain open,
excluding those facades wrapped or concealed by other buildings or
permitted uses. Any architectural feature, mural or living plant wall
system designed to conceal voids in the parking structure shall not
count against the minimum 25% facade opening requirement.
i.
No more than 80% of a parking structure facade may be composed of
a single building material or color.
j.
Parking structure ramps shall be located internally or fully screened
on the sides of the driveway access.
3.
Lighting. Lighting fixtures within a parking structure shall be recessed
to shield visibility and minimize glare to adjacent properties and
public roadways.
4.
Ventilation. Parking structures shall be constructed so that no exhaust
vents open directly onto any public street or adjacent property.
5.
Solar connectivity. All aboveground parking structures shall be designed
as solar-ready regardless of the developer's intention to include
solar panels when originally constructed.
N.
Satellite dishes.
1.
Satellite dishes shall be permitted as an accessory use in all zone
districts.
2.
Satellite dishes may only be used by the occupant(s) of the building
located on the site.
3.
Satellite dishes not being used for a period of one year shall be
removed.
4.
Residential satellite dishes.
a.
Satellite dishes for residential use shall be limited to one per
dwelling unit.
b.
Residential satellite dishes shall not exceed 24 inches in diameter.
c.
Satellite dishes shall be prohibited on front and side building facades
and shall be permitted only on rear building facades.
d.
Ground-mounted satellite dishes are prohibited.
e.
Satellite dishes shall not extend above the highest peak of the roof
of the building to which they are affixed. When mounted on flat roofs,
satellite dishes shall not extend above the parapet and shall be fully
screened.
f.
Satellite dishes shall be prohibited on buildings listed on the Summit
Historic Preservation Commission's inventory of historic buildings
and structures, National Register of Historic Places and State Register
of Historic Places.
5.
Multifamily and nonresidential satellite dishes.
a.
Only one satellite dish shall be permitted per building.
b.
Satellite dishes shall have a maximum diameter of 24 inches.
c.
Satellite dishes may be ground-mounted, mounted to a rear building
wall or roof-mounted. Ground-mounted satellite dishes shall only be
permitted in the rear yard and shall not occupy required parking spaces.
Satellite dishes shall not be mounted to the front or side of any
building.
d.
Roof- or wall-mounted satellite dishes shall not exceed a height
of four feet above the highest roof.
e.
Ground-mounted satellite dishes shall not exceed a height of four
feet above the grade plane and shall be screened with solid fencing,
walls and/or evergreen landscaping sufficient to mitigate their visibility
from adjacent properties and roadways. Safe and convenient access
shall be provided to maintain the satellite dish.
f.
Roof-mounted satellite dishes shall be completely screened by the
parapet wall, solid fencing and/or paneling within 10 feet of the
satellite dish.
g.
All multifamily and nonresidential satellite dishes shall have a
minimum setback of 15 feet from all lot lines.
O.
Solar energy systems, facilities and equipment.
1.
Purpose. Solar energy systems shall be primarily designed to provide
power to the building or site to which they are affixed and not for
the generation of power to be sold for commercial purposes. This provision
shall not be interpreted to prohibit the disposition of excess power
generated from a solar energy system back to a public electric utility
provider by which the principal use is served.
2.
Ground-mounted solar energy systems.
a.
Ground-mounted solar energy systems shall not be interpreted to include
solar array canopies as regulated in this chapter.
b.
Ground-mounted solar panels shall be permitted in all residential
zones and shall be limited to a maximum area of 10 square feet and
height not to exceed six feet. All ground-mounted solar panels in
residential zones shall comply with the active accessory structure
setback requirements.
c.
Except as otherwise provided in this chapter, ground-mounted solar
energy systems shall only be permitted in the PROD and PROD-2 Zones,
subject to the following standards:
(1)
Systems shall not be counted in the calculation of maximum impervious
coverage as regulated in the Development Regulations Ordinance.
(2)
Systems shall not be constructed in uninterrupted structures
but shall be arranged so no single contiguous panel area exceeds 50
square feet. Contiguous panel arrays shall have a minimum required
horizontal spacing of four feet between the longer dimension and six
feet between the shorter dimension for purposes of maintenance and
emergency access. Any federal or state regulations and/or other safety
regulations requiring greater separation between solar panels shall
supersede this chapter.
(3)
Solar energy systems shall conform to the setback requirements
for active accessory structures in rear yards, shall conform to the
minimum principal building setback in side yards and shall not be
located in front yards.
(4)
Ground mounted solar energy systems shall not exceed six feet
in height.
(5)
Systems shall be located and installed to direct sun glare away
from adjoining properties and public rights-of-way.
(6)
Systems shall be screened year-round from adjoining properties
and public rights-of-way with a combination of fencing and landscaping.
(7)
Systems shall be designed to blend into the existing setting
and environment.
3.
Roof-mounted solar energy systems.
a.
Roof-mounted solar energy systems shall be permitted accessory uses
in all zones.
b.
Roof-mounted solar energy systems shall adhere to the minimum setback
and maximum height requirements of the principal or accessory building
to which they are affixed. When affixed to a flat roof, solar energy
systems shall have a minimum setback of 10 feet from the exterior
of the building wall.
c.
All components of a roof-mounted solar energy system shall not extend
more than 18 inches above a pitched roof and shall not extend higher
than the roof peak of which the panel(s) or system is affixed. On
flat roofs, roof-mounted solar energy systems shall not extend more
than five feet above the roof to which they are attached.
d.
Flat roofs with solar panels and equipment shall have parapets extending
to the maximum height of the panels. All accessory equipment shall
be screened with solid fencing, walls or panels within 10 feet of
the equipment.
4.
Solar array canopies.
a.
Solar array canopies shall be permitted accessory uses in the B,
LI, PROD, PROD-2, PI and RO-60 Zones and for public and private elementary
and secondary schools and municipal buildings and facilities. Freestanding
solar array canopies are expressly prohibited in residential zones.
b.
Solar array canopies shall be permitted solely above pedestrian walkways,
parking areas and parking structures and may be freestanding or attached
to a principal or accessory building.
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c.
Solar array canopies shall not be counted in the calculation of maximum
impervious coverage as regulated in the Development Regulations Ordinance.
d.
Solar array canopies shall have a maximum height of 18 feet, except
that solar array canopies installed at grade shall not exceed the
height of the principal building. Solar array canopies may be attached
to the unenclosed uppermost level of a parking structure, not to exceed
15 feet above the highest floor level of the parking structure, with
no horizontal coverage restriction, but must adhere to the minimum
required setbacks of the building to which they are attached.
e.
Attached and detached solar array canopies shall be permitted in
front, side and rear yards with minimum setbacks of 15 feet from all
lot lines. Solar array canopies adjacent to a residential use shall
have a minimum setback requirement of 50 feet from the shared lot
line.
f.
Solar array canopies shall not be more than 40 feet wide oriented
directly above parking stalls and 15 feet wide above paved pedestrian
walkways. The entirety of the pedestrian walkway shall be covered
by the solar canopy, while the canopy's supporting elements and any
remaining canopy extend beyond the limits of the walkway by a maximum
of two feet on each side.
g.
Solar array canopies shall have a minimum clearance of nine feet,
unless otherwise required by the City of Summit emergency personnel.
P.
Swimming pools.
1.
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 15 feet to any side or rear lot line. Swimming
pools on corner lots shall meet the setback requirements for active
accessory structures as regulated in this chapter.
2.
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. Any buildings or structures erected in conjunction
with a swimming pool shall comply with the provisions of accessory
structures.
3.
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.
4.
No private swimming pool shall be used other than as an accessory
use of the premises whereon it is located.
5.
Swimming pool fences shall meet the height requirements of this chapter
and of the Uniform Construction Code.
6.
Constructed enclosures composed of solid fencing and/or walls shall
provide year-round screening of all mechanical and pool equipment
within six feet of the equipment.
Q.
Temporary structures.
1.
Trailers, port-o-johns 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 10 feet to any
lot line.
2.
Tents, carports, tarps and other similar coverings or enclosures
constructed of plastic, canvas or other fabric material intended to
screen or protect motor vehicles, equipment, materials or miscellaneous
items from the elements shall be considered temporary and are prohibited.
This shall not prohibit the use of fabric canopies, awnings or umbrellas
above outdoor seating, decks, patios or walkways.
A.
Required yards.
1.
No yard or other open space provided for any building for the purpose
of complying with the provisions of this chapter shall be considered
as providing a yard or other open space for any other building on
any other lot.
2.
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.
3.
All front yards must face upon a dedicated public street or a private
street approved by the Planning Board or Zoning Board of Adjustment.
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Example of yard delineations in accordance with this chapter.
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NOTE: A complete set of diagrams indicating the locations of
front, side and rear yards in a variety of lot configurations is provided
in Appendix F at the end of this chapter.[1]
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[1]
Editor's Note: Appendix F is included as an attachment to this chapter.
B.
Front yards.
1.
The building setback distance shall be measured from the nearest
line of the existing or the proposed street right-of-way perpendicular
to the closest point of the building or structure.
2.
Front yards in single- and two-family residential zones. In single- and two-family residential zones, a new house or house where more than 50% of the dwelling's total vertical front wall area has been removed shall be set back a distance at least equal to the required setback or the average of the setbacks in accordance with § 35-9.6E, whichever is greater.
C.
Corner lots.
1.
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.
2.
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.
3.
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.
4.
Corner lots shall be a minimum of 20% larger than the minimum lot
area for the zone.
5.
Maintenance of adequate intersection sight triangles shall apply
in designing structures, grading, fencing and plantings.
D.
Through lots.
1.
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/landowner 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.
2.
The rear yard setback shall be 40% 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 (30% 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 existing houses on both sides of the subject lot, up to
an intervening street and within the same zone, whichever is greater.
E.
Projections and encroachments. Yards and courts required by this
chapter 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:
1.
Nothing in this section shall be read to restrict the right to provide
ramps and other reasonable means of access for the handicapped consistent
with the Federal Fair Housing Act, 42 U.S.C. § 3601 et seq.
2.
Unenclosed porches and entryways, excluding steps, extending not
more than six feet into the required front yard and not exceeding
more than 50 square feet in area, and not more than three feet into
the required side or rear yard and not exceeding more than 20 square
feet in area.
3.
Window wells affording light and air to basement and cellar areas
may project not more than three feet into any required yard measured
from the exterior of the foundation to the interior wall of the window
well.
4.
Stairwells leading to basement and other below-grade areas may project
not more than four feet into any required side or rear yard.
5.
Cornices and eaves may project not more than two feet into any required
yard.
6.
Chimneys may project not more than two feet into any required yard.
7.
Driveways providing access to permitted garages or parking areas.
8.
Sills, leaders and similar ornamental or structural features may
project not more than six inches beyond the cornice or eave to which
they are attached.
9.
Fences and retaining walls, where specifically permitted in this
chapter.
10.
Freestanding flagpoles must be set back at least five feet from
any property line.
11.
Accessory buildings and uses, including swimming pools, where
specifically permitted in this chapter.
12.
Sidewalks and pathways not wider than six feet and having a
minimum setback of two feet from side and rear lot lines.
13.
Living wall systems or vertical gardens attached to a building
may project not more than two feet into a required yard.
14.
Artistic sculptural elements attached to the facade of a parking
structure may project not more than two feet into a required yard.
A.
For any new building or for any addition over 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 XV, Stormwater Management Requirements[1]), 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.
B.
Appurtenances attached to principal structures. Church spires, belfries,
domes, cupolas, flagpoles or antennas attached to buildings, mechanical
penthouses (not for 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 15% of the total roof area
and shall not exceed 15 feet in height nor exceed the permitted building
height for the zone by more than eight feet.
C.
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 feet when
measured from the lowest elevation around the perimeter of the foundation
to the highest point of the roof or parapet. This five-foot limit
may be exceeded in the Multifamily/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.
A.
Attic space may be improved in accordance with the requirements of
the New Jersey Uniform Construction Code if it does not meet the definition
of a story or if, in the course of such improvement, it is modified
in such a way that it does not become a story in excess of the number
of stories permitted in this chapter.
B.
Attic space which meets the definition of attic story may be improved
if the building exceeds the number of stories permitted in this chapter
only if there are no changes to the exterior of the building, such
as additional or enlarged windows or altered roof lines.
Nothing in this chapter shall be interpreted as prohibiting
public utility distribution facilities, such as water distribution
lines, sanitary sewer and telephone and electric distribution lines,
along with related attendant facilities, intended for local service,
which utility systems are permitted in all zone districts when approved
by the appropriate serving utility agency.
Before the issuance of any building permit or certificate of
occupancy for a nonresidential use, all of the following regulations
must be met:
A.
Noise. All activities shall comply with § 3-8, Noise Restrictions, of the City's Revised General Ordinances.
B.
Fire and explosion hazards. All activities shall be carried on only
in structures which conform to the standards of the National Fire
Protection Association or Factory Insurance Association or City Building
Code or Fire Prevention Code, whichever one is more restrictive. All
operations shall be carried on and combustible raw materials, fuels,
liquids and finished products shall be stored in accordance with the
standards of said National Fire Protection Association or Factory
Insurance Association.
C.
Odors. There shall be no emission of odorous gases or other odorous
matter in such quantity as to be readily detectable without instruments.
D.
Smoke, dust, gases and other forms of air pollution. There shall
be no emission of smoke, dust, gases or other forms of air pollution
which would in any way violate the New Jersey Air Pollution Control
Laws or the New Jersey Air Pollution Control Code (see N.J.S.A. 26:2C-1
et seq. and N.J.A.C. 7:27-1.1 et seq.).
E.
Liquid and solid wastes. There shall be no discharge at any point
of treated or untreated sewage or industrial waste into any stream,
lake, reservoir or into the ground of any material which may contaminate
the water supply or endanger human health and welfare. No industrial
waste shall be discharged into any system, nor shall any wastes be
discharged into the public sewer system, which are dangerous to the
public health and safety. All methods of sewage and industrial waste
treatment and disposal shall be approved, as applicable, by the New
Jersey Department of Environmental Protection, the City Board of Health
and the City Engineer. All methods of treatment and disposal shall
comply with the requirements of these agencies.
G.
Vibration. There shall be no vibration which is discernible to the
human sense of feeling beyond the immediate side on which such use
is conducted.
H.
Glare and heat. No operation will be conducted which will produce
heat or direct or sky-reflected glare beyond the property line of
the lot on which the use is located. Industrial and exterior lighting
shall be used in such a manner that it produces no glare on public
highways and neighboring property.
I.
Utilities. All telephone and electric service on the property shall
be by underground conduit.
A.
The green building development bonuses listed in this section shall
be available to multifamily, townhouse, mixed-use and nonresidential
development in all zones. Green building development bonuses shall
not be available to single- and two-family dwellings. The development
bonuses listed in this section shall not supersede green building
development bonuses provided in any other section of this chapter
or any redevelopment plan adopted by the City of Summit.
B.
The provision of any LEED certification or equivalent and/or green
building component(s) does not guarantee any additional development
bonus. The prescribed development bonuses set forth in this section
are intended to be the maximum allowed for any particular LEED certification,
or equivalent, or green building component(s). Green building development
bonuses shall not be combined under any circumstances. When a green
building development bonus results in a fractional number, the figure
shall be rounded to the nearest whole number.
C.
Site plan requests for any green development bonus shall be evaluated
on a case-by-case basis based on the characteristics of individual
sites as determined by the Planning Board or Zoning Board of Adjustment.
The provision of any LEED certification or equivalent and/or green
building component shall be part of the typical site plan review process
where the environmental benefits are analyzed in granting the requested
development bonus. Bonus allowances shall be determined based upon
the proposed development's compliance with the applicable zoning and
design regulations.
D.
Requests for green building development bonuses shall be reviewed
by the Planning Board or Zoning Board of Adjustment, Board professionals
and City staff in the course of a technical review committee meeting
and/or site plan application, as determined to be necessary. All administrative
costs, including the evaluation of a development's performance, any
applications for LEED or equivalent accreditation, and review by City
professionals and staff shall be at the expense of the developer.
The administrative officer shall have the discretion in determining
the extent to which any escrow is required for City professional and
staff review, as determined to be necessary.
E.
All green building development components shall adhere to the minimum
approved/required standard for a period of no less than 10 years from
the receipt of a final certificate of occupancy as demonstrated by
an acceptable form of monitoring and annual performance reporting
to be stipulated in a developer's agreement, or such other acceptable
form of agreement, between the developer and City of Summit subsequent
to site plan approval by the appropriate Board. Such agreements shall
be recorded as a deed restriction as a condition of Board approval.
F.
Penalties and enforcement for failure to comply with the minimum
approved/required green building performance standard shall be addressed
in a developer's agreement between the developer and City of Summit
subsequent to site plan approval by the appropriate Board.
G.
Green building development bonus incentives.
1.
Green building development bonuses shall be in addition to the maximum
density, floor area ratio (FAR) and height requirements as otherwise
prescribed in this chapter.
2.
The development shall meet the minimum LEED standard or equivalent
as demonstrated by a LEED accredited professional in order to qualify
for the corresponding development bonuses listed in the table below.
|
Bonus Incentive
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Certified (40-49 pts.)
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Silver (50-59 pts.)
|
Gold (60 to 79 pts.)
|
Platinum (80-100 pts.)
|
|---|---|---|---|---|
|
Max. density
|
N/A
|
2.0 units per acre
|
4.0 units per acre
|
8.0 units per acre
|
|
Max. FAR
|
N/A
|
10%
|
15%
|
30%
|
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Max. bldg. height
|
N/A
|
N/A
|
N/A
|
1 story/10 feet
|
3.
The development shall meet the minimum green building standard to
qualify for the corresponding development bonuses listed in the table
below.
|
Green Building Component
|
Standard
|
Bonus Incentive
|
|---|---|---|
|
Minimum water use reduction derived from baseline calculations
and a water balance model in accordance with LEED standards or similar
|
50%*
|
Density: 2.0 units per acre and FAR: 10%
|
|
75%*
|
Density: 4.0 units per acre and FAR: 15%
| |
|
Minimum energy demand supplied by on-site solar energy system
|
50%*
|
Density: 1.0 unit per acre and FAR: 5%
|
|
75%*
|
Density: 3.0 units per acre and FAR: 10%
| |
|
100%*
|
Density: 5.0 units per acre and FAR: 15%
| |
|
Min. on-site land area designated for green stormwater infrastructure
(bioretention, rain gardens, etc.)
|
25%
|
Lot coverage: 10% and FAR: 10%
|
|
Minimum green roof coverage of total building coverage
|
85%
|
Density: 3.0 units per acre and FAR: 15%
|
|
Min. cost performance cost index (PCI) below performance cost
index target (PCIT) (based on energy cost and greenhouse emissions).
|
25%*
|
Density: 2.0 units per acre and FAR: 10%
|
|
50%
|
Density: 4.0 units per acre and FAR: 15%
|
|
NOTE:
| |
|---|---|
|
*
|
Baseline calculations shall be based on the United States Green
Building Council's (USGBC) most recent version of LEED standards and
requirements.
|
4.
Developers may request a green building bonus development incentive
directly related to the magnitude and type of proposed green building
component, subject to the determination of the Planning Board or Zoning
Board of Adjustment.
