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City of Paterson Municipal Code: Chapter 483 Zoning and Land Development April 2016 This document contains Chapter 483 of the Municipal Code of the City of Paterson Articles I, II, III, and IV of this Chapter within this book have been taken from the original drafting of the code in 2006. While efforts have been made to include all subsequent amendments to the ordinance, the content of this document in regards to Articles I, II, III, and IV have not been verified to be completely up to date. To verify the content of any of these sections, please review all relevant ordinances adopted by the City Council, as amendments to these chapters, in the Office of the City Clerk. Article V (Zoning), as well as the zoning map, schedule of use regulations, and schedule of bulk standards, of this book is a true copy of the amendments to the City’s Zoning Ordinance as adopted by the City Council at a regular meeting on February 9, 2016 City of Paterson, Land Development Ordinance General Provisions TABLE OF CONTENTS ARTICLE I: GENERAL PROVISIONS 100‐1 SHORT TITLE 1 100‐2 STATUTORY AUTHORITY; PURPOSE 1 100‐3 INTERPRETATION 2 100‐4 SEVERABILITY 3 100‐5 WORD USAGE 3 100‐6 DEFINITION OF TERMS 3 ARTICLE II: PLANNING BOARD AND ZONING BOARD OF ADJUSTMENT 200‐1 PLANNING BOARD 30 200‐1.1 Establishment of the Planning Board 30 200‐1.2 Powers, Duties, and Jurisdiction of the Planning Board 35 200‐2 ZONING BOARD OF ADJUSTMENT 37 200‐2.1 Establishment of the Zoning Board of Adjustment 37 200‐2.2 Powers, Duties, and Jurisdiction of the Zoning Board of Adjustment 41 200‐2.3 Appeals 44 ARTICLE III: ADMINISTRATION AND ENFORCEMENT 300‐1 APPLICATION FOR A ZONING PERMIT, CONSTRUCTION PERMIT, AND 45 CERTIFICATE OF OCCUPANCY 300‐1.1 Zoning Permit, Construction Permit, and Certificate of Occupancy 45 300‐1.2 Application Materials 45 300‐1.3 Decision by Zoning Officer 45 300‐2 REVIEWS BY APPROVING AGENCIES 46 300‐2.1 Further Application 46 300‐2.2 Direct Application 47 300‐2.3 Pre‐Submission Conference 47 300‐2.4 Application Material 47 300‐2.5 Proof of Payment of Taxes Required 48 300‐2.6 Application Process 49 300‐2.7 Zoning Permits 51 300‐3 FEES 51 300‐3.1 Fee Schedule 51 TOC I City of Paterson, Land Development Ordinance General Provisions 300‐3.2 Fee Collection 54 300‐3.3 Additional Fees 54 300‐3.4 Escrow Deposits for Development Applications 54 300‐4 TIME LIMITS AND SCHEDULES 58 300‐4.1 Time for Action by Planning Board on Site Plan, Subdivision, Conditional 58 Use, and General Development Plan Applications 300‐4.2 Time for Action by the Zoning Board of Adjustment 59 300‐4.3 Failure to Act; Extension of Public Hearing 60 300‐4.4 Other Review Concurrent 60 300‐4.5 Decisions 60 300‐4.6 Effect of Approvals and Expiration of Approvals 61 300‐4.7 Conformity with Application 65 300‐5 PUBLIC HEARING AND PUBLIC NOTICE 65 300‐5.1 New Jersey Open Public Meeting Law 65 300‐5.2 Hearing Required 65 300‐5.3 Public Notice 66 300‐6 SITE PLAN REVIEW 68 300‐6.1 Actions Requiring Site Plan Approval 68 300‐6.2 Exemption from Site Plan Approval 68 300‐6.3 Final Approval Required Prior to Issuance of a Building Permit 69 300‐6.4 Non‐Compliance 69 300‐6.5 Requirements for Site Plan Approval 69 300‐7 SUBDIVISION REVIEW 71 300‐7.1 Review Standards 71 300‐7.2 Improvements 73 300‐7.3 Violations, Lien 74 300‐8 VARIANCES 75 300‐8.1 Authority for Variances 75 300‐8.2 Jurisdiction 75 300‐8.3 Section (d) Variances 75 300‐8.4 Conditions of Approval 75 300‐9 CONDITIONAL USE 76 300‐9.1 Requirement 76 300‐9.2 Approving Agency 76 300‐10 APPLICATION FOR CHANGES IN ZONING MAP 76 300‐10.1 Procedure for Amendment 76 300‐11 FLOOD CONTROL REVIEW 76 300‐11.1 Application for Approval 76 300‐11.2 Determinations by the City Review Agency 77 300‐11.3 Requirements 78 TOC II City of Paterson, Land Development Ordinance General Provisions 300‐11.4 Conditions Attached to Permits 78 300‐12 SOIL EROSION CONTROL REVIEW 79 300‐12.1 Statutory Authorization 79 300‐12.2 Requirements 80 300‐13 HISTORIC PRESERVATION REVIEW 81 300‐13.1 Title 81 300‐13.2 Definitions 81 300‐13.3 Designation of Historic Preservation Professional 86 300‐13.4 Paterson Register of Municipal Historic Places 86 300‐13.5 Designation of Historic Sites, Landmarks, Objects, and Districts 86 300‐13.6 Historic Marker Program 91 300‐13.7 Historic Preservation Commission 92 300‐13.8 Government Consultation 97 300‐13.9 Actions Requiring Review; Permits Required 98 300‐13.10 Actions Not Requiring Review 99 300‐13.11 Emergency Repairs 99 300‐13.12 Informal Review 100 300‐13.13 Application Procedures 100 300‐13.14 Commission Review of Development and Zoning Applications 101 300‐13.15 Commission Review of Application for Permits 102 300‐13.16 Standards for Review 103 300‐13.17 Local Guidelines 108 300‐13.18 Effect of Project Approval or Denial; Appeals 108 300‐13.19 Enforcement 109 300‐13.20 Preventive Maintenance 110 300‐13.21 Municipal Responsibility 110 300‐13.22 Rules of Interpretation 111 300‐13.23 Injunctive Relief 111 300‐14 PERFORMANCE AND MAINTENANCE GUARANTEES 111 300‐14.1 Performance Guarantees 111 300‐14.2 Maintenance Guarantees 114 300‐14.3 Development in Stages 114 300‐14.4 Utilities or Improvements of Other Governmental Agencies or Public 114 Utilities 300‐14.5 Acceptance of Guarantee 114 300‐15 ADMINISTRATION AND ENFORCEMENT 115 300‐15.1 Administration 115 300‐15.2 Action Against Violators 115 300‐15.3 Penalty 115 ARTICLE IV: DEVELOPMENT REQUIREMENTS AND GUIDELINES 400‐1 PURPOSE AND APPLICABILITY 116 TOC III City of Paterson, Land Development Ordinance General Provisions 400‐2 DESIGN STANDARDS 116 400‐2.1 General Residential Design Standards 116 400‐2.2 General Non‐Residential Design Standards 119 400‐2.3 Streetscape Design Standards 121 400‐2.4 Landscape Design 122 400‐2.5 Lighting Design 123 400‐2.6 Design Standards for Signs 125 400‐2.7 Off‐Street Parking, Loading, Circulation, and Access Design Standards 126 400‐2.8 Fences, Walls, and Screens 129 400‐2.9 Public or Common Private Open Space Design Standards 130 400‐2.10 Recycling Facilities for New Multi‐Family Developments 130 400‐2.11 Streets 131 400‐2.12 Blocks 132 400‐2.13 Lots 132 400‐2.14 Public Use and Service Areas 133 ARTICLE V: ZONING 500‐1 ESTABLISHMENT OF ZONING DISTRICTS 134 500‐1.1 Zoning Map 134 500‐1.2 District Boundaries 135 500‐2 ZONING DISTRICT REGULATIONS 135 500‐2.1 Purpose and Intent of Zoning Districts 135 500‐2.2 Schedule of Permitted Principal, Accessory, and Conditional Uses 140 500‐2.3 Schedule of Bulk and Dimensional Requirements 140 500‐2.4 Relation to Redevelopment/Urban Renewal Plans 140 500‐2.5 Design Standards for the IT District 140 500‐3 GENERAL REGULATIONS 142 500‐3.1 Conformity Required 142 500‐3.2 Yard Regulations 142 500‐3.3 Lot Frontage 144 500‐3.4 Principal Buildings 144 500‐3.5 Height Exceptions 144 500‐3.6 Accessory Structures and Uses 145 500‐3.7 Structures Above Roof Line. 150 500‐3.8 Usable Open Space. 150 500‐3.9 Minimum Floor Area per Dwelling Unit. 150 500‐3.10 Distance Between Buildings. 150 500‐3.11 Building Length. 151 500‐3.12 Floor Area Premiums. 151 500‐3.13 Fences, Walls and Screens. 153 500‐3.14 Temporary Use. 154 500‐3.15 Basement and Cellar Apartments. 154 500‐3.16 Subdivision of Lots. 154 TOC IV City of Paterson, Land Development Ordinance General Provisions 500‐3.17 Continuance. 154 500‐3.18 Requirements Applicable to All Development in the GFH District. 155 500‐3.19 Access Requirement for Two‐Family Dwellings. 155 500‐3.20 Outdoor Storage. 155 500‐4 CERTAIN PERMITTED USES 156 500‐4.1 Mixed Residential and Commercial Uses 156 500‐4.2 Community Residences and Community Shelters Housing not More than 157 15 Residents 500‐4.3 Cemeteries. 157 500‐4.4 Residential Uses in the B‐1 and B‐2 157 500‐4.5 Tailoring Related Uses. 157 500‐4.6 Dry Cleaning Establishments and Laundromats. 158 500‐4.7 Drive‐Through Banks. 158 500‐4.8 Wholesaling Establishments. 158 500‐4.9 Warehousing and Storage. 158 500‐4.10 Public Utility Distribution Systems. 158 500‐4.11 Temporary Offices. 159 500‐4.12 Loft Dwellings and Joint Living‐Working Quarters for Artists. 159 500‐4.13 Light Industrial Uses. 159 500‐4.14 Low and High‐Rise Apartment Buildings in the GFH District 159 500‐4.15 Certain Community Retail Businesses Permitted in the GFH District. 160 500‐4.16 Commercial Establishments in the B‐1 and B‐2 160 500‐4.17 Mixed Use Commercial Development 160 500‐4.18 Child Care Centers in Non‐Residential Districts 163 500‐5 CONDITIONAL USES 163 500‐5.1 General Requirements. 163 500‐5.2 Hospitals in Residential Districts. 164 500‐5.3 Places of Worship in Residential Districts. 164 500‐5.4 Charitable Institutions in Residential Districts. 165 500‐5.5 Public Recreation Establishments, Public Parks and Playgrounds in 165 Residential Districts 500‐5.6 Libraries, Museums or Art Galleries in Residential Districts.
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