[Added 4-27-2004 by Ord. No. 2035[1]]
[1]
Editor's Note: This ordinance also repealed
former Art. XII, Design District, adopted 6-11-1996 by Ord. No. 1748,
as amended 3-11-1997 by Ord. No. 1783.
The creation of the Central Business Design
District and the regulations applied therein are intended to promote
the general welfare by preserving the exterior architectural heritage
of the Borough of Hasbrouck Heights, specifically by:
A.
Rejuvenating and sustaining the business district
and residential districts in which there are lawfully situate commercial
premises.
B.
Controlling new exterior construction in order to
enhance the streetscape and maintain its character.
C.
Bringing disharmonic structures into consonance with
streetscape design.
D.
Stabilizing and improving property values.
E.
Fostering civic pride and beauty.
F.
Restoring and preserving certain traditionally significant
structures.
G.
Effectuating the goals of the Central Business District
Revitalization Plan dated February 2001 (developed by Burgis Associates,
Inc. on behalf of and at the direction of the Planning Board of the
Borough of Hasbrouck Heights and duly adopted by that Board on June
5, 2001).
The areas hereby designated as within the Central
Business Design District are all those premises within the area designated
as the "study area" and "extended study area" on the base map of the
aforesaid Central Business District Revitalization Plan as well as
the area designated as the "secondary study area" on the second base
map. Further included is any commercial premises lawfully situate
in any residential district of the Borough. All premises within those
areas shall be further regulated by this article.
The uses permitted in the Central Business Design
District shall be the same as those permitted under the Zoning Ordinance
of the Borough of Hasbrouck Heights[1] and those which exist as lawful nonconforming uses or
which lawfully exist by virtue of a grant of a variance therefor.
[1]
Editor's Note: See Schedule 1, Schedule of District Use Regulations,
at the end of this chapter.
The building heights, lot size, setback and
other bulk requirements shall be the same as required by the Zoning
Ordinance of the Borough of Hasbrouck Heights.[1] However, attempted compliance with any rule, regulation
and/or guideline promulgated under this article may be considered
as a "special reason" in an application for a variance from the strict
application of any such bulk requirement or restriction.
[1]
Editor's Note: See Schedule 2, Area, Bulk and Yard Requirements
for Principal Uses, at the end of this chapter.
There is hereby established a Central Business
Design District Advisory Committee which shall act in accordance with
this article as a subcommittee of the Planning Board of the Borough
of Hasbrouck Heights and which shall be composed of three members:
one of whom shall be the Mayor or his or her alternate whom the Mayor
shall choose with the advice and consent of the Council; one of whom
shall be the Council member who is then serving as the Class III member
of the Planning Board; and one of whom shall be a Class IV member
of the Planning Board appointed by the Planning Board for a term of
one calendar year. The Chairman of the Planning Board shall be a member
ex officio.
The Central Business Design District Advisory
Committee shall meet forthwith and periodically thereafter with such
frequency as may be deemed necessary to fulfill its duties as hereinafter
provided and upon the call of either the Mayor or the Chairman of
the Planning Board. Said Advisory Committee shall meet with owners
of property regulated hereunder and/or operators of businesses conducted
on such property or the lawful representatives thereof in response
to any reasonable request to do so when the Committee deems that such
meeting or meetings would be beneficial to the exercise of its duties.
Said Committee shall compose and recommend to the Planning Board such
rules, regulations and/or guidelines in accordance with the furtherance
of the concepts and goals set forth in the aforesaid Central Business
Design District Revitalization Plan of 2001.
The rules, regulations and/or guidelines promulgated by the Advisory Committee as provided herein shall be devised to further the goals set forth in § 275-43 hereof and shall apply to all improvements to be undertaken upon any premises governed under this article if such improvements materially affect the outward appearance of such premises as viewed from any street adjacent thereto. The Committee shall report its recommendations for such rules, regulations and/or guidelines to the Planning Board, and the Planning Board may thereupon adopt the same, recommend to the Committee any modification therein, or reject them. No rule, regulation or guideline shall become effective until final approval by the Planning Board at a public meeting after the conduct of a public hearing thereon.
Any rule, regulation or guideline hereafter adopted and approved by the Planning Board as aforesaid shall be applied to any premises designated as premises to be regulated under § 275-44 hereof and shall regulate any improvements proposed to be undertaken to such premises which would materially affect the appearance of the premises as viewed from any public street adjacent to the said premises. For the purposes hereof, "improvements" means and shall include any construction of, demolition of, addition to or alteration of (including but not limited to the re-siding or painting of) any building or part thereof or to any physical structure (including but not limited to signs, awnings, fences and walls).
It shall be the duty of the Zoning Enforcement Officer to enforce the provisions hereof. It shall further be the duty of the Planning Board of the Borough of Hasbrouck Heights to apply any rule, regulation and/or guideline duly adopted hereunder to any application for approval of improvements to any premises within the aforesaid designated Central Business Design District upon any application for approval of any improvements to such premises brought before the Board if such proposed improvements are those to which these rules, regulations and/or guidelines are applicable as specified in § 275-50 hereof.
No person, firm or corporation shall make any improvements as defined to § 275-50 hereof to any premises within the aforedesignated Central Business Design District under § 275-44 which would materially affect the appearance of such premises when viewed from any adjacent public street unless the same is in accordance with any rule, regulation and/or guideline duly adopted in accordance with this article and unless and until a Central Business Design District permit as herein provided shall be duly issued for such improvements by the Zoning Enforcement Officer of the Borough of Hasbrouck Heights as hereafter provided or unless and until such improvement is duly and finally approved by the Planning Board as part of an application to it. Any violation of this provision shall be subject to the provisions of § 275-40 of this chapter.
Any person, firm or corporation seeking an approval of the Zoning Enforcement Officer to undertake any improvements subject to the terms of this article (when the same is not part of an application to the Planning Board) shall apply to that Officer for approval thereof upon an application, the form of which that Officer shall devise, and shall pay an application fee in the sum as set forth in Chapter 133, Fees, upon the filing of the said application. This application and fee shall be in addition to any other application made in respect to such improvements, if any, and in addition to any other fee paid for such other applications, if any. Upon a determination by the Zoning Enforcement Officer that said improvements comply with the applicable rules, regulations and/or guidelines promulgated hereunder, that Officer shall issue a permit therefor in such form as may be devised for that purpose.
In the event that compliance with any applicable
requirement of the Zoning Ordinance or compliance with any applicable
requirement of the Subdivision and Site Plan Review Ordinance results
in an inconsistency with any applicable rule, regulation and/or guideline
adopted hereunder, then the ordinance requirement shall prevail and
be deemed to control.
