ORDINANCE NO. 21-2015
ORDINANCE OF THE TOWNSHIP OF LIVINGSTON AMENDING CHAPTER 170 OF
THE CODE OF THE TOWNSHIP OF LIVINGSTON TO CREATE A
BN NEIGHBORHOOD BUSINESS DISTRICT
WHEREAS, the Master Plan of the Township of Livingston recommends that certain
small areas currently zoned as B-1 General Business District but located in residential
neighborhoods be re-zoned into a new BN Neighborhood Business District with permitted uses
compatible with the neighborhood; and
WHEREAS, the Master Plan also recommends that discrete areas with significant
disparities between permitted uses and actual uses, due to variances or non-conforming uses,
should be re-zoned to bring the actual uses to permitted status when consistent with good
planning; and further recommends that the circumstance of lots straddling two zone districts be
corrected;
NOW, THEREFORE, BE IT ORDAINED by the Township Council of the Township
of Livingston, in the County of Essex, State of New Jersey as follows:
Section 1.
§170-85 “Zone Districts” of the Code of the Township of Livingston, as
heretofore amended, is further amended by inserting in alphabetical order the following new
zone in the list of districts:
BN Neighborhood Business District.
Section 2.
The Zoning Map referenced in § 170-86 of the Code of the Township of
Livingston, as heretofore amended, is further amended to achieve the re-zoning and designation
of specific lots as follows:
A.
Re-zone and designate Lot 12 in Tax Block 1800, presently in the R-3
Residence District and containing a facility of the West Essex YMCA, to
the BN Neighborhood Business District.
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B.
Re-zone and designate Lot 13 in Tax Block 1800, presently in the B-1
General Business District and containing a two-story mixed use residential
and commercial building, to the BN Neighborhood Business District.
C.
Re-zone and designate Lot 7 in Tax Block 1703, presently in the R-4
Residence District and containing a residential building used for business
and residential purposes and structures and parking area recently used for
garbage hauling vehicles and other commercial uses, to the BN
Neighborhood Business District.
D.
Re-zone and designate Lot 8 in Tax Block 1703, presently in the B-1
General Business District and containing a two-story mixed use residential
and commercial building, to the BN Neighborhood Business District.
Section 3.
A new §170-109.1 is added the Code of the Township of Livingston
creating a new BN Neighborhood Business District as follows:
§ 170-109.1
A.
B.
BN Neighborhood Business District
Primary permitted uses:
(1)
Retail sales or services, small business offices, courier and parcel
shipping services; each not exceeding a gross floor area of 1,500
square feet.
(2)
Instructional studios for martial arts, fitness, dance, music, song,
graphic arts, or the like; with no studio exceeding a gross floor area
of 2,000 square feet.
(3)
Bakery, coffee shop, ice cream parlor, delicatessen, tea parlor;
each not exceeding a gross floor area of 1,500 square feet.
(4)
Such commercial or non-profit enterprises that the Planning Board
shall find to be compatible with the surrounding residential
neighborhoods.
Other permitted use:
(1)
Residential units, each not exceeding 1,200 square feet, on second
2
story over primary permitted uses.
(2)
C.
D.
Single-family or two-family residences.
Prohibited uses:
(1)
Drive-in, drive-up or drive-through facilities.
(2)
Any use prohibited in any other district.
(3)
Any utilization of sound generating or amplifying devices
or instruments when such sound exceeds 65 dB(A) at the
property line during the hours of 7:00 A.M. to 10:00 P.M.
or 50 dB(A) at other times.
Required conditions:
(1)
Height of building.
(2)
Front yard.
No building shall exceed a height of 35 feet.
a. Single-family and two-family residences shall have a minimum
front yard setback of twenty-five (25) feet.
b. Commercial and Mixed-Use.
i.
ii.
(3)
Buildings fronting on E. McClellan Avenue shall have a
minimum front yard setback of six (6) feet and a maximum
setback of eight (8) feet.
Buildings fronting on McCall Avenue shall have a minimum
setback of six (6) feet and a maximum setback of fifteen (15)
feet.
Side yard.
a. Commercial and mixed use buildings may be built without side
yards, except that where there is a residence district, or any
residential structure permitted under B.(2) above, adjoining the
lot, there shall be a side yard of not less than 15 feet from that
residence district or structure.
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b.
Single-family and two-family residences shall have a side yard
setback of not less than 15 feet,
(4)
Rear yard. There shall be a rear yard setback equal to the height
of the building, provided always that the rear yard setback shall not
be less than 25 feet.
(5)
Off-street parking. As regulated by §170-94, except that:
(a) Off-street parking is prohibited in front yards of commercial
and mixed use buildings.
(b) No off-street parking area shall be closer than 5 feet to any
building nor, for commercial or mixed use buildings, closer
than 10 feet to any residence district or any residential
structure permitted under B.(2) above.
E.
(6)
Maximum floor area ratio. The total floor area within any
structures on any lot shall not exceed more than 45% of the total
lot area.
(7)
Maximum total impervious coverage. The total impervious
coverage on any lot shall not exceed 80% of the total lot area.
(8)
Building orientation.
Every building shall have its primary
orientation, façade and entrance toward and accessible from the
street right-of-way, and all ground floor occupancies shall have
their primary pedestrian access from the public street.
(9)
Minimum lot area. The minimum lot area for single-family and
two-family residences shall be 5,000 square feet.
Signs. Only wall signs accessory to the business conducted on
commercial or mixed use property shall be permitted. Such signs shall
meet all of the size requirements for wall signs applicable to such a
business in the B and B-1 Districts as set forth § 170-90.C. If such signs
are illuminated, only gooseneck type lighting is permitted and such lights
shall be turned off by 10:00 P.M.
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Section 4. Severability.
The various sections, clauses, provisions and portions of
this Ordinance are severable, and if any section, clause, provision or portion is declared invalid
or unconstitutional by a court of competent jurisdiction all the remainder of this Ordinance shall
remain in full force and effect.
Section 5.
Except as hereby amended, the Code of the Township of Livingston shall
remain in full force and effect.
Section 6.
This ordinance shall take effect upon final passage and twenty days from
the date of publication in accordance with law.
______________________________
Michael M. Silverman, Mayor
_______________________________
Glenn R. Turtletaub, Township Clerk
Approved as to form:
_______________________________
Sharon L. Weiner, Township Attorney
Adopted:
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