Borough of Cresskill, NJ Zone Bulk and Parking Regulations

[Amended 9-16-1986 by Ord. No. 86-25-942]

The following Schedule of Regulations applying to the area of lots, the height of buildings, the yards and other open spaces to be provided, off-street parking spaces, minimum floor areas and all other matters contained therein, as indicated for the various zones established by this chapter, is hereby adopted and declared to be a part of this chapter.

Except as provided in this section, projections shall not be permitted as an exception to the Schedule of Regulations. Projections into yards or courts are permitted, provided that they do not exceed the following:

(1)

Cornices and eaves, including gutters, may project not more than two feet.

(2)

Belt courses, sills, stormwater leaders and similar ornamental or structural features may not project more than one foot.

(3)

Awnings or roofs over doors or windows may project not more than three feet and shall not be more than four feet in width.

(4)

A chimney or vent may project into a required side yard or rear yard not more than two feet, and the width shall not exceed five feet.

(5)

An open, fireproof fire escape stairway may project into a side or rear yard not more than four feet.

§ 275-34.1 Electric vehicle supply/service equipment.

[Added 12-1-2021 by Ord. No. 21-32-1582]

Purpose. The purpose of this section is to promote and encourage the use of electric vehicles by requiring the safe and efficient installation of EVSE and make-ready parking spaces through municipal parking regulations and other standards. EVSE and make-ready parking spaces will support the state's transition to an electric transportation sector, reducing automobile air pollution, greenhouse gas emissions, and stormwater runoff contaminants. The goals are to:

(1)

Provide adequate and convenient EVSE and make-ready parking spaces to serve the needs of the traveling public.

(2)

Provide opportunities for residents to have safe and efficient personal EVSE located at or near their place of residence.

(3)

Provide the opportunity for nonresidential uses to supply EVSE to their customers and employees.

(4)

Create standard criteria to encourage and promote safe, efficient, and cost-effective electric vehicle charging opportunities in all zones and settings for convenience of service to those that use electric vehicles.

Definitions. As used in this section, the following terms shall have the meanings indicated:

CERTIFICATE OF OCCUPANCY

The certificate provided for in N.J.A.C. 5:23-2, indicating that the construction authorized by the construction permit has been completed in accordance with the construction permit, the act and the regulations. See "State Uniform Construction Code Act," P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.) and regulations adopted pursuant thereto.

CHARGING LEVEL

The amount of voltage provided to charge an electric vehicle varies depending on the type of EVSE as follows:

(1)

Level 1 operates on a fifteen- to twenty-amp breaker on a 120-volt AC circuit.

(2)

Level 2 operates on a forty- to 100-amp breaker on a 208- or 240-volt AC circuit.

(3)

Direct-current fast charger (DCFC) operates on a sixty-amp or higher breaker on a 480-volt or higher three-phase circuit with special grounding equipment. DCFC stations can also be referred to as "rapid charging stations" that are typically characterized by industrial grade electrical outlets that allow for faster recharging of electric vehicles.

ELECTRIC VEHICLE

Any vehicle that is licensed and registered for operation on public and private highways, roads, and streets; and operates either partially or exclusively using an electric motor powered by an externally charged on-board battery.

ELECTRIC VEHICLE SUPPLY/SERVICE EQUIPMENT or (EVSE)

The equipment, including the cables, cords, conductors, connectors, couplers, enclosures, attachment plugs, power outlets, power electronics, transformer, switchgear, switches and controls, network interfaces, point-of-sale equipment, and associated apparatus designed and used for the purpose of transferring energy from the electric supply system to a plug-in electric vehicle. "EVSE" may deliver either alternating current or, consistent with fast charging equipment standards, direct-current electricity. "EVSE" is synonymous with "electric vehicle charging station."

MAKE-READY PARKING SPACE

The prewiring of electrical infrastructure at a parking space, or set of parking spaces, to facilitate easy and cost-efficient future installation of electric vehicle supply equipment or electric vehicle service equipment, including, but not limited to, Level Two EVSE and direct-current fast chargers. Make-ready includes expenses related to service panels, junction boxes, conduit, wiring, and other components necessary to make a particular location able to accommodate electric vehicle supply equipment or electric vehicle service equipment on a "plug-and-play" basis. "make-ready" is synonymous with the term "charger ready," as used in P.L. 2019, c. 362 (N.J.S.A. 48:25-1 et seq.).

Private EVSE: EVSE that has restricted access to specific users (e.g., single- and two-family homes, executive parking fleet parking with no access to the general public).

Publicly accessible EVSE: EVSE that is publicly available (e.g., park and ride, public parking lots and garages, on-street parking, shopping center parking, nonreserved parking in multifamily parking lots, etc.).

Approvals and permits.

(1)

An application for development submitted solely for the installation of EVSE or make-ready parking spaces shall be considered a permitted accessory use and permitted accessory structure in all zoning or use districts and shall not require a variance pursuant to N.J.S.A. 40:55D-70.

(2)

EVSE and make-ready parking spaces installed pursuant to Subsection D below in development applications that are subject to site plan approval are considered a permitted accessory use as described in Subsection C(1) above.

(3)

All EVSE and make-ready parking spaces shall be subject to applicable local and/or Department of Community Affairs permit and inspection requirements.

(4)

The Zoning Officer shall enforce all signage and installation requirements described in this section. Failure to meet the requirements in this section shall be subject to the same enforcement and penalty provisions as other violations of Borough of Cresskill's land use regulations.

(5)

An application for development for the installation of EVSE or make-ready spaces at an existing gasoline service station, an existing retail establishment, or any other existing building shall not be subject to site plan or other land use board review, shall not require variance relief pursuant to N.J.S.A. 40:55D-1 et seq., or any other law, rule, or regulation, and shall be approved through the issuance of a zoning permit by the administrative officer, provided the application meets the following requirements:

(a)

The proposed installation does not violate bulk requirements applicable to the property or the conditions of the original final approval of the site plan or subsequent approvals for the existing gasoline service station, retail establishment, or other existing building;

(b)

All other conditions of prior approvals for the gasoline service station, the existing retail establishment, or any other existing building continue to be met; and

(c)

The proposed installation complies with the construction codes adopted in or promulgated pursuant to the "State Uniform Construction Code Act," P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.), any safety standards concerning the installation, and any state rule or regulation concerning electric vehicle charging stations.

(6)

An application pursuant to Subsection C(5) above shall be deemed complete if:

(a)

The application, including the permit fee and all necessary documentation, is determined to be complete;

(b)

A notice of incompleteness is not provided within 20 days after the filing of the application; or

(c)

A one-time written correction notice is not issued by the Zoning Officer within 20 days after filing of the application detailing all deficiencies in the application and identifying any additional information explicitly necessary to complete a review of the permit application.

(7)

EVSE and make-ready parking spaces installed at a gasoline service station, an existing retail establishment, or any other existing building shall be subject to applicable local and/or Department of Community Affairs inspection requirements.

(8)

A permitting application solely for the installation of electric vehicle supply equipment permitted as an accessory use shall not be subject to review based on parking requirements.

Requirements for new installation of EVSE and make-ready parking spaces.

(1)

As a condition of preliminary site plan approval, for each application involving a multiple dwelling with five or more units of dwelling space, which shall include a multiple dwelling that is held under a condominium or cooperative form of ownership, a mutual housing corporation, or a mixed-use development, the developer or owner, as applicable, shall:

(a)

Prepare as make-ready parking spaces at least 15% of the required off-street parking spaces, and install EVSE in at least 1/3 of the 15% of make-ready parking spaces;

(b)

Within three years following the date of the issuance of the certificate of occupancy, install EVSE in an additional 1/3 of the original 15% of make-ready parking spaces; and

(c)

Within six years following the date of the issuance of the certificate of occupancy, install EVSE in the final 1/3 of the original 15% of make-ready parking spaces.

(d)

Throughout the installation of EVSE in the make-ready parking spaces, at least 5% of the electric vehicle supply equipment shall be accessible for people with disabilities.

(e)

Nothing in this subsection shall be construed to restrict the ability to install electric vehicle supply equipment or make-ready parking spaces at a faster or more expansive rate than as required above.

(2)

As a condition of preliminary site plan approval, each application involving a parking lot or garage not covered in Subsection D(1) above shall:

(a)

Install at least one make-ready parking space if there will be 50 or fewer off-street parking spaces.

(b)

Install at least two make-ready parking spaces if there will be 51 to 75 off-street parking spaces.

(c)

Install at least three make-ready parking spaces if there will be 76 to 100 off-street parking spaces.

(d)

Install at least four make-ready parking spaces, at least one of which shall be accessible for people with disabilities, if there will be 101 to 150 off-street parking spaces.

(e)

Install at least 4% of the total parking spaces as make-ready parking spaces, at least 5% of which shall be accessible for people with disabilities, if there will be more than 150 off-street parking spaces.

(f)

In lieu of installing make-ready parking spaces, a parking lot or garage may install EVSE to satisfy the requirements of this subsection.

(g)

(h)

Notwithstanding the provisions of Subsection E above, a retailer that provides 25 or fewer off-street parking spaces or the developer or owner of a single-family home shall not be required to provide or install any electric vehicle supply equipment or make-ready parking spaces.

Minimum parking requirements.

(1)

All parking spaces with EVSE and make-ready equipment shall be included in the calculation of minimum required parking spaces, pursuant to the Cresskill Zoning Ordinance.

(2)

A parking space prepared with EVSE or make-ready equipment shall count as at least two parking spaces for the purpose of complying with a minimum parking space requirement. This shall result in a reduction of no more than 10% of the total required parking.

(3)

All parking space calculations for EVSE and make-ready equipment shall be rounded up to the next full parking space.

(4)

Additional installation of EVSE and make-ready parking spaces above what is required in Subsection D above may be encouraged, but shall not be required in development projects.

Reasonable standards for all new EVSE and make-ready parking spaces.

(1)

Location and layout of EVSE and make-ready parking spaces is expected to vary based on the design and use of the primary parking area. It is expected flexibility will be required to provide the most convenient and functional service to users. Standards and criteria should be considered guidelines and flexibility should be allowed when alternatives can better achieve objectives for provision of this service.

(2)

Installation:

(a)

Installation of EVSE and make-ready parking spaces shall meet the electrical subcode of the Uniform Construction Code, N.J.A.C. 5:23-3.16.

(b)

Each EVSE or make-ready parking space that is not accessible for people with disabilities shall be not less than nine feet wide or 18 feet in length. Exceptions may be made for existing parking spaces or parking spaces that were part of an application that received prior site plan approval.

(c)

To the extent practical, the location of accessible parking spaces for people with disabilities with EVSE and make-ready equipment shall comply with the general accessibility requirements of the Uniform Construction Code, N.J.A.C. 5:23, and other applicable accessibility standards.

(d)

Each EVSE or make-ready parking space that is accessible for people with disabilities shall comply with the sizing of accessible parking space requirements in the Uniform Construction Code, N.J.A.C. 5:23, and other applicable accessibility standards.

(3)

EVSE parking.

(a)

Publicly accessible EVSE shall be reserved for parking and charging electric vehicles only. Electric vehicles shall be connected to the EVSE. It shall be noted that the use of time limits is optional and shall be determined by the owner.

(b)

Electric vehicles may be parked in any parking space designated for parking, subject to the restrictions that would apply to any other vehicle that would park in that space.

(c)

Public parking. Pursuant to N.J.S.A. 40:48-2, publicly accessible EVSE parking spaces shall be monitored by the municipality's Police Department and enforced in the same manner as any other parking. It shall be a violation of this section to park or stand a nonelectric vehicle in such a space, or to park an electric vehicle in such a space when it is not connected to the EVSE. Any nonelectric vehicle parked or standing in a EVSE parking space or any electric vehicle parked and not connected to the EVSE shall be is subject to fine and/or impoundment of the offending vehicle as described in the general penalty provisions of this Municipal Ordinance. Signage indicating the penalties for violations shall comply with Subsection F(5) below. Any vehicle parked in such a space shall make the appropriate payment for the space and observe the time limit for the underlying parking area, if applicable.

(d)

Private parking. The use of EVSE shall be monitored by the property owner or designee.

(4)

Safety.

(a)

Each publicly accessible EVSE shall be located at a parking space that is designated for electric vehicles only and identified by green painted pavement and/or curb markings, a green painted charging pictograph symbol, and appropriate signage pursuant to Subsection F(5) below.

(b)

Where EVSE is installed, adequate site lighting and landscaping shall be provided in accordance with the Borough of Cresskill's ordinances and regulations.

(c)

Adequate EVSE protection such as concrete-filled steel bollards shall be used for publicly accessible EVSE. Nonmountable curbing may be used in lieu of bollards if the EVSE is setback a minimum of 24 inches from the face of the curb. Any stand-alone EVSE bollards should be three feet to four feet high with concrete footings placed to protect the EVSE from accidental impact and to prevent damage from equipment used for snow removal.

(d)

EVSE outlets and connector devices shall be no less than 36 inches and no higher than 48 inches from the ground or pavement surface where mounted, and shall contain a cord management system as described in Subsection F(4)(e) below. Equipment mounted on pedestals, lighting posts, bollards, or other devices in shall be designated and located as to not impede pedestrian travel, create trip hazards on sidewalks, or impede snow removal.

(e)

Each EVSE shall incorporate a cord management system or method to minimize the potential for cable entanglement, user injury, or connector damage. Cords shall be retractable or have a place to hang the connector and cord a safe and sufficient distance above the ground or pavement surface. Any cords connecting the charger to a vehicle shall be configured so that they do not cross a driveway, sidewalk, or passenger unloading area.

(f)

Where EVSE is provided within a pedestrian circulation area, such as a sidewalk or other accessible route to a building entrance, the EVSE shall be located so as not to interfere with accessibility requirements of the Uniform Construction Code, N.J.A.C. 5:23, and other applicable accessibility standards.

(g)

Publicly accessible EVSEs shall be maintained in all respects, including the functioning of the equipment. A twenty-four-hour on-call contact shall be provided on the equipment for reporting problems with the equipment or access to it. To allow for maintenance and notification, the Borough of Cresskill shall require the owners/designee of publicly accessible EVSE to provide information on the EVSE's geographic location, date of installation, equipment type and model, and owner contact information.

(5)

Signs.

(a)

Publicly accessible EVSE shall have posted regulatory signs, as identified in this section, allowing only charging electric vehicles to park in such spaces. For purposes of this section, "charging" means that an electric vehicle is parked at an EVSE and is connected to the EVSE. If time limits or vehicle removal provisions are to be enforced, regulatory signs, including parking restrictions, shall be installed immediately adjacent to, and visible from the EVSE. For private EVSE, installation of signs and sign text is at the discretion of the owner.

(b)

All regulatory signs shall comply with visibility, legibility, size, shape, color, and reflectivity requirements contained within the Federal Manual on Uniform Traffic Control Devices as published by the Federal Highway Administration.

(c)

Wayfinding or directional signs, if necessary, shall be permitted at appropriate decision points to effectively guide motorists to the EVSE parking space(s). Wayfinding or directional signage shall be placed in a manner that shall not interfere with any parking space, drive lane, or exit and shall comply with Subsection F(5)(b) above.

(d)

In addition to the signage described above, the following information shall be available on the EVSE or posted at or adjacent to all publicly accessible EVSE parking spaces:

[1]

Hour of operations and/or time limits if time limits or tow-away provisions are to be enforced by the municipality or owner/designee;

[2]

Usage fees and parking fees, if applicable; and

[3]

Contact information (telephone number) for reporting when the equipment is not operating or other problems.

(6)

Usage fees.

(a)

For publicly accessible municipal EVSE: In addition to any parking fees, the fee to use parking spaces within the municipality identified as EVSE spaces shall be paid for each hour that the electric vehicle is connected to the EVSE.

(b)

This fee may be amended by a resolution adopted by the governing body.

(c)

Private EVSE. Nothing in this section shall be deemed to preclude a private owner/designee of an EVSE from collecting a fee for the use of the EVSE, in accordance with applicable state and federal regulations. Fees shall be available on the EVSE or posted at or adjacent to the EVSE parking space.

§ 275-35 R-40, R-15 and R-10 One-Family Residence Zones.

In one-family residence zones, the following regulations shall apply:

Regulations			R-40	R-15	R-10
Minimum required
	Lot area		40,000 square feet	15,000 square feet	10,000
	Lot frontage		150 feet	100 feet	100 feet
	Lot depth		200 feet	150 feet	100 feet
	Front yard		50 feet	40 feet	25 feet
	1 side yard		30 feet	15 feet	15 feet
	Total, both side yards		60 feet	35 feet	35 feet
	Rear yard		75 feet	50 feet	30 feet
	Livable floor area per dwelling unit		1,200 square feet	1,100 square feet	1,000 square feet
	Off-street parking spaces per dwelling unit		3	2	2
Maximum permitted
	Building height
		Stories	2 1/2	2 1/2	2 1/2
		Feet [Amended 12-6-2023 by Ord. No. 23-30-1631]	33*	30	30
	Building coverage [Amended 6-18-1985 by Ord. No. 85-14-904; 12-6-2023 by Ord. No. 23-27-1628]		12 1/2%	15%**	20%**
	FAR [Added 2-6-2002 by Ord. No. 02-36-1244; amended 4-17-2002 by Ord. No. 02-06-1248; 9-17-2003 by Ord. No. 03-15-1274]		20%	25%	(See schedule below)
	Percentage of allowable impervious coverage [Added 2-6-2002 by Ord. No. 02-36-1244; amended 4-17-2002 by Ord. No. 02-06-12489-17-2003 by Ord. No. 03-15-1274]		35% of the lot area	30% of the lot area	(See Schedule below)
NOTES: [Added 6-3-1992 by Ord. No. 92-8-1071; amended 7-11-2007 by Ord. No. 07-091337]
* 1 through 4. (Reserved)[1]
5. Decks and patios shall be below the height level for a roof so that no such usage or comparable use shall be made of a roof area. The roof area of a residential structure enclosing the residence shall have no other use except roofing coverage.
** [Added 12-6-2023 by Ord. No. 23-27-1628]
1. Building coverage is amended to reflect the amendment to the definition of "building coverage" in § 275-3, wherein 150 feet of uncovered deck shall not be considered in the calculation of building coverage and shall not be included in the above percentages.

Schedule of Floor Area Ratio (FAR) and Impervious Coverage Requirements for R-10 One-Family Residence Zone [Added 7-12-2006 by Ord. No. 06-15-1317]
Lot Width (feet)	Floor Area Ratio	Impervious Coverage
Less than or equal to 50.00	39.00%	35.00%
50.01-50.99	38.82%	34.90%
51.00-51.99	38.64%	34.80%
52.00-52.99	38.46%	34.70%
53.00-53.99	38.28%	34.60%
54.01-54.99	38.10%	34.50%
55.00-55.99	37.92%	34.40%
56.00-56.99	37.74%	34.30%
57.00-57.99	37.56%	34.20%
58.00-58.99	37.38%	34.10%
59.00-59.99	37.20%	34.00%
60.00-60.99	37.02%	33.90%
61.00-61.99	36.84%	33.80%
62.00-62.99	36.66%	33.70%
63.00-63.99	36.48%	33.60%
64.00-64.99	36.30%	33.50%
65.00-65.99	36.12%	33.40%
66.00-66.99	35.94%	33.30%
67.00-67.99	35.76%	33.20%
68.00-68.99	35.58%	33.10%
69.00-69.99	35.40%	33.00%
70.00-70.99	35.22%	32.90%
71.00-71.99	35.04%	32.80%
72.00-72.99	34.86%	32.70%
73.00-73.99	34.68%	32.60%
74.00-74.99	34.50%	32.50%
75.00-75.99	34.32%	32.40%
76.00-76.99	34.14%	32.30%
77.00-77 99	33.96%	32.20%
78.00-78.99	33.78%	32.10%
79.00-79.99	33.60%	32.00%
80.00-80.99	33.42%	31.90%
81.00-81.99	33.24%	31.80%
82.00-82.99	33.06%	31.70%
83.00-83.99	32.88%	31.60%
84.00-84.99	32.70%	31.50%
85.00-85.99	32.52%	31.40%
86.00-86.99	32.34%	31.30%
87.00-87.99	32.16%	31.20%
88.00-88.99	31.98%	31.10%
89.00-89.99	31.80%	31.00%
90.00-90.99	31.62%	30.90%
91.00-91.99	31.44%	30.80%
92.00-92.99	31.26%	30.70%
93.00-93.99	31.08%	30.60%
94.00-94.99	30.90%	30.50%
95.00-95.99	30.72%	30.40%
96.00-96.99	30.54%	30.30%
97.00-97.99	30.36%	30.20%
98.00-98.99	30.18%	30.10%
99.00-100.00	30.00%	30.00%
Greater than 100.00	30.00%	30.00%

NOTES:

1. Floor area ratio impervious coverage expressed as percentage of the lot area within 125 feet of the street line.

[1]

Editor's Note: Former notes 1 through 4 were repealed 12-6-2023 by Ord. No. 23-30-1631.

Lot area requirements on individual zoning lots within the R-40 Zone may be reduced up to 50% by the Planning Board in its sole discretion, provided that:

(1)

The land dedicated to the Borough is indicated on the Borough Master Plan as permanent open space.

(2)

All minimum yard, setback and off-street parking requirements can be complied with.

(3)

Land equal in area to the amount by which the lot has been reduced is dedicated in fee to the Borough.

(Reserved)[2]

[2]

Editor's Note: Former § 150-35C, pertaining to the minimum required square feet of lot area per bedroom, added 10-7-1998 by Ord. No. 98-16-1194, was repealed 3-16-2000 by Ord. No. 00-4-1212.

§ 275-36 P Professional Zone and P and L Professional Office and Research, Design and Development Laboratories Zone.

[Amended 11-7-2001 by Ord. No. 01-34-1242]

In a Professional Zone, the following regulations shall apply:

Regulations			Office Buildings
	Lot area		10,000 square feet
	Lot frontage		100 feet
	Lot depth		100 feet
Minimum required
	Front yard		25 feet
	Side yards		15 feet
	Rear yard
		When adjoining a residence zone	30 feet
		When adjoining a zone other than a residence zone	20 feet
	Off-street parking spaces, rear or side only, per 200 square feet of floor area [Amended 6-18-1985 by Ord. No. 85-14-904]		1
	Floor area		2,000 square feet
Maximum permitted
	Building height
		Stories	2
		Feet	28
	Building coverage
		1-story building	40%
		2-story building	30%
	Length of any structure		160 feet

§ 275-37 DU Dual Use Zone.

In a Dual Use Zone, the following regulations shall apply:

	Regulations
Minimum Requirements
	Lot area	87,120 square feet
	Lot area per efficiency unit	2,400 square feet
	Lot area per 1-bedroom unit	3,000 square feet
	Lot area per 2-bedroom unit	4,000 square feet
	Lot area per 3-bedroom unit	5,000 square feet
	Lot frontage	200 feet
	Lot depth	200 feet
	Front yard	50 feet
	1 side yard	30 feet
	Both side yards	80 feet
	Rear yard	50 feet
	Lot area for offices	4 square feet per gross square feet of office area
Livable floor area per dwelling unit
	Efficiency unit	550 square feet
	1-bedroom unit	700 square feet
	2-bedroom unit	900 square feet
	3-bedroom unit	1,050 square feet
Off-street parking spaces, rear and side yards only
	Per dwelling unit	1 1/2
	Per 200 gross square feet of office space [Amended 6-18-1985 by Ord. No. 85-14-904]	1
	Size of parking space	300 square feet
Buffer area width along lot lines
	Front yard	10 feet
	Side yard	10 feet
	Rear yard	10 feet
Sound transmission coefficient Class Rating 55 shall apply for all floors between apartments and offices.
Maximum permitted
	Gross ground floor area shall not exceed gross second floor area.
	Building height
	Stories	2
	Feet	28
	Building coverage	20%
	Dwelling units per acre	8
	Length of structure	160 feet

Additional regulations.

(1)

Not less than 80% of the dwelling units shall be efficiencies and/or one-bedroom units.

(2)

Office space shall be only on the ground floor. No apartments shall be located on the ground floor.

(3)

Distance between buildings shall be the height of the highest building at the points where such buildings are nearest to one another.

(4)

Notwithstanding any other provision and except as provided hereinafter, no building on any lot shall intrude into the area enclosed by an arc of a circle with a radius of 60 feet, extending 70º on each side of a line perpendicular to the center of any required window, other than a bedroom or kitchen window, and the exterior radii of such arc. All measurements shall be performed in horizontal projection at the sill level of the subject window. This limitation shall not apply to any wall of the same building, the plane of which intersects the plane of the wall in which the subject window is located at an exterior angle of more than 80º. A minimum distance of 60 feet shall be maintained between the subject window and any wall parallel thereto, whether such wall is a part of the same or of another building on the same lot.

(5)

An inner court is permitted if the minimum dimension of such court is not less than 60 feet.

(6)

The minimum width of an outer court shall be 20 feet and the depth thereof shall not exceed its width.

(7)

Signs. Signs announcing the name or insignia, or both, of the occupants of office space on the same lot shall be permitted, provided that:

(a)

There be not more than one directory-type sign per building.

(b)

If such signs are illuminated, such illumination shall be internal, with all light sources shielded from the view of adjacent lots and streets.

(c)

In addition, necessary traffic directional signs, each with an area of not more than two square feet, shall be permitted.

§ 275-38 Commercial Zone.

[Amended 4-2-2008 by Ord. No. 08-04-1346; 12-20-2017 by Ord. No. 17-14-1508]

In a Commercial Zone, the following regulations shall apply:

For all permitted uses:

Regulations		For All Permitted Uses
Minimum required
	Lot area	10,000 square feet
	Lot frontage	100 feet
	Lot depth	100 feet
	Front yard
	With parking in front yard	40 feet
	With no parking in front yard	10 feet
	No side yard required, but if provided	15 feet
	Total both side yards if provided	30 feet
	Rear yard	30 feet
	Floor areas for 1-story building	1,500 square feet
	Floor areas for first floor of 2-story building	1,500 square feet
	Floor areas for businesses	400 square feet
	Room width for businesses	12 feet
	Off-street parking spaces per 150 square feet of floor area	1
Maximum permitted
	Building height
	Stories	2
	Feet	31
	Building coverage	50%

For mixed-use, multifamily buildings only:

[Amended 12-19-2018 by Ord. No. 18-22-1508A]

Regulations		Applicable to mixed-use multifamily buildings only
Minimum required
Lot area		7,500 square feet
Lot frontage		75 feet
Lot depth		100 feet
Front yard		10 feet
Rear yard		10 feet
Maximum permitted building height
	Stories	3
	Feet	41
Building coverage		50%

Additional regulations.

[Amended 12-19-2018 by Ord. No. 18-22-1508A]

(1)

Parking shall not be developed or constructed in the front yard. Off-street parking requirements apply to both the residential and nonresidential portions of all mixed-use developments. Parking standards listed elsewhere in the ordinance shall apply to the nonresidential portion of a mixed-use development. In recognition of the requirement to minimize or remove unnecessary development cost-generating requirements, the following minimum parking standards are applicable to the residential component of a mixed-use development in the Commercial Zone.

(a)

Dwelling unit: 1.25 parking spaces per dwelling.

(2)

All residential developments constructed within the Commercial Zone shall be structured so that COAH credit-worthy dwellings comprise no less than 20% of the residential development if residential units are to be offered for sale. A rental community shall be required to have a 15% affordable housing set-aside. No less than 50% of all COAH credit-worthy units shall be affordable to low-income households, with 13% of the affordable housing units offered to very-low-income family households. The balance can be affordable to moderate-income households.

(3)

Affordable housing proposed in the Commercial Zone shall be structured so no more than 20% of the units are studio or one-bedroom units, at least 30% are two bedrooms and no fewer than 20% are three-bedroom units. Bedroom count for the remainder of the affordable units is at the discretion of the developer.

(4)

Residential density in the Commercial Zone shall be no greater than 15 units per acre.

(5)

All affordable dwelling units shall be constructed and maintained in compliance with the requirements of the New Jersey Council on Affordable Housing and the Uniform Housing Affordability Controls before certificates of occupancy will be issued. The developer shall include all facilities required by law which are necessary to be maintained as a Superior Court or COAH certifiable rental or sales unit included as part of an inclusionary development so that COAH restrictions are legally enforceable. Furthermore, all such developments shall conform to Article XXIX, Special Mount Laurel Requirements of the Borough of Cresskill Municipal Code.

Storage permitted. No person in the Commercial Zone shall store, place, deposit, or permit the continuation of storage, placement, or deposit of, upon any premises, any unregistered motor vehicle or any machinery, equipment, lumber, building materials or supplies or parts thereof; provided, however, that unless otherwise prohibited, it shall not be unlawful to store, place or deposit the foregoing items in a fully enclosed structure upon such premises. Nothing herein contained shall be deemed to authorize the erection of a structure or structures not otherwise authorized to be so erected.

Prohibited uses. All uses not listed in § 275-19 are prohibited.

Performance standards. All uses are subject to performance standards as set forth in Article XIV.

Site development plan approval. Site development plan approval, in accordance with Chapter 218, Site Development Plan, shall be required prior to the issuance of construction permits for the erection or enlargement of all structures and related accessory structures. Such approval shall also be required prior to the issuance of certificates of occupancy for a change of use.

§ 275-38.1 Storage permitted.

[Added 12-19-2018 by Ord. No. 18-22-1508A]

No person in the Commercial Zone shall store, place, deposit, or permit the continuation of storage, placement, or deposit of, upon any premises, any unregistered motor vehicle or any machinery, equipment, lumber, building materials or supplies or parts thereof; provided, however, that unless otherwise prohibited, it shall not be unlawful to store, place or deposit the foregoing items in a fully enclosed structure upon such premises. Nothing herein contained shall be deemed to authorize the erection of a structure or structures not otherwise authorized to be so erected.

§ 275-38.2 Prohibited uses.

[Added 12-19-2018 by Ord. No. 18-22-1508A]

All uses not listed in § 275-19 are prohibited.

§ 275-38.3 Performance standards.

[Added 12-19-2018 by Ord. No. 18-22-1508A]

All uses are subject to performance standards as set forth in Article XIV.

§ 275-38.4 Site development plan approval.

[Added 12-19-2018 by Ord. No. 18-22-1508A]

Site development plan approval, in accordance with Chapter 218, Site Development Plan, shall be required prior to the issuance of construction permits for the erection or enlargement of all structures and related accessory structures. Such approval shall also be required prior to the issuance of certificates of occupancy for a change of use.

§ 275-39 RA Residential Apartment Zone.

In a Residential Apartment Zone, the following regulations shall apply:

Regulations
Minimum required
	Lot area	87,120 square feet
	Lot area per efficiency unit	2,400 square feet
	Lot area per 1-bedroom unit	2,750 square feet
	Lot area per 2-bedroom unit	3,500 square feet
	Lot area per 3-bedroom unit	5,000 square feet
	Lot frontage	200 feet
	Lot depth	200 feet
	Front yard	50 feet
	1 side yard	30 feet
	Total both side yards	80 feet
	Rear yard	50 feet
Livable floor area per dwelling unit
	Efficiency units	550 square feet
	1-bedroom units	700 square feet
	2-bedroom units	900 square feet
	3-bedroom units	1,050 square feet
Off-street parking spaces, rear and side yards only
	Per dwelling unit	1 1/2
	Size of parking space	300 square feet
Buffer area width along lot lines
	Front yard	10 feet
	Side yards	10 feet
	Rear yard	10 feet
Maximum required
	3-bedroom units
	Building height
	Stories	2
	Feet	28
	Building coverage	20%
	Length of structure	160 feet
	Number of dwelling units in group of attached dwellings or in multiple dwellings	20
	Dwelling units per acre	15

Additional regulations.

(1)

Distance between buildings shall be the height of the highest building at the points where such buildings are nearest to one another.

(2)

Notwithstanding any other provision and except as provided hereinafter, no building on any lot shall intrude into the area enclosed by an arc of a circle with a radius of 60 feet of any required window, other than a bedroom or kitchen window, extending 70º on each side of a line perpendicular to the center and the exterior radii of such arc. All measurements shall be performed in horizontal projection at the sill level of the subject window. This limitation shall not apply to any wall of the same building, the plane of which intersects the plane of the wall in which the subject window is located at an exterior angle of more than 80º. A minimum distance of 60 feet shall be maintained between the subject window and any wall parallel thereto, whether such wall is a part of the same or of another building on the same lot.

(3)

An inner court is permitted if the minimum dimension of such court is not less than 60 feet.

(4)

The minimum width of an outer court shall be 20 feet, and the depth thereof shall not exceed its width.

(5)

Not less than 80% of the dwelling units in a garden apartment shall have one bedroom and/or efficiency, and no dwelling unit shall have more than three bedrooms.

Marijuana establishments, prohibition. The operation of medicinal and retail marijuana establishments, which includes retail marijuana and/or marijuana paraphernalia stores, marijuana cultivation facilities, marijuana products manufacturing facilities, and marijuana testing facilities, and the operation of retail marijuana social clubs are prohibited within the Borough of Cresskill and, therefore, all activities related to the above-mentioned retail uses such as, but not limited to, cultivation, extraction, manufacturing, processing, storing, laboratory testing, labeling, transporting, delivering, dispensing, transferring and distributing are expressly prohibited in any zone within the Borough of Cresskill.

[Added 6-16-2021 by Ord. No. 21-23-1573]

§ 275-40 R-SC Senior Citizens Residence Zone.

[Added 8-1-1989 by Ord. No. 89-15-1018; amended 6-16-2021 by Ord. No. 21-23-1573]

In a Senior Citizens Residence Zone (R-SC) the regulations for an R-10 Zone contained in § 275-35 of the Code of the Borough of Cresskill shall apply.

The operation of medicinal and retail marijuana establishments, which includes retail marijuana and/or marijuana paraphernalia stores, marijuana cultivation facilities, marijuana products manufacturing facilities, and marijuana testing facilities, and the operation of retail marijuana social clubs are prohibited within the Borough of Cresskill and, therefore, all activities related to the above-mentioned retail uses such as, but not limited to, cultivation, extraction, manufacturing, processing, storing, laboratory testing, labeling, transporting, delivering, dispensing, transferring and distributing are expressly prohibited in any zone within the Borough of Cresskill.

§ 275-40.1 Downtown Affordable Housing Overlay Zone (DAHO).

[Added 12-20-2017 by Ord. No. 17-13-1507]

Permitted uses. No building or premises shall be used and no building or part of a building shall be erected which is arranged, intended or designed to be used, in whole or in part, for any purpose, except the following. Such approval shall also be required for the erection or enlargement of all related accessory structures and prior to issuance of certificates of occupancy for a change of use. Permitted uses are as follows:

(1)

Residential market rate and affordable dwelling units, specifically including multifamily buildings at the density, height and bulk prescribed below. Affordable housing units shall be constructed, marketed and deed-restricted in strict conformance to Cresskill's Affordable Housing Ordinance, Council on Affordable Housing regulations and all requirements contained within the Uniform Housing Affordability Controls, as these documents may be amended, revised and supplemented, so that 13% of all affordable housing units are to be available and affordable to very-low-income households earning 30% of median income.

Storage permitted. No person in a Downtown Affordable Housing Overlay Zone shall store, place, deposit, or permit the continuation of storage, placement, or deposit of, upon any premises, any unregistered motor vehicle or any machinery, equipment, lumber, building materials or supplies or parts thereof; provided, however, that unless otherwise prohibited, it shall not be unlawful to store, place or deposit the foregoing items in a fully enclosed structure upon such premises. Nothing herein contained shall be deemed to authorize the erection of a structure or structures not otherwise authorized to be so erected.

Prohibited uses. All uses not listed in § 275-40.1A are prohibited.

(1)

[Added 6-16-2021 by Ord. No. 21-23-1573]

Performance standards. All uses are subject to performance standards as set forth in Article XIV.

The following area and bulk standards are applicable in the DAHO Zone:

(1)

Standards.

Regulations		Inclusionary Developments
Lot area		13,000 square feet
Lot frontage		100 feet
Lot depth		100 feet
Minimum required:
	Front yard	15 feet
	Side yards	6 feet
	Rear yard	10 feet
Parking		Not permitted in required front yard
Maximum permitted building height		3 stories/41 feet
Building coverage		40%

(2)

Additional regulations.

(a)

In recognition of the availablity of nearby off-street parking, the central business location of the DAHO Zone, and the requirement to minimize or remove unnecessary development cost-generating requirements, the following minimum parking standards are applicable to residential development, but only in the DAHO Zone: dwelling unit, 1.25 parking spaces per dwelling.

(b)

All developments constructed within the DAHO Zone shall be structured so that no less than 20% of the entire development are COAH credit-worthy units if these units are to be offered for sale. A rental community shall be required to have a fifteen-percent affordable housing set-aside. No less than 50% of all COAH credit-worthy units shall be affordable to low-income households, with 13% of all affordable units available to very-low-income family households. The balance can be affordable to moderate-income households.

(c)

Affordable housing in the DAHO Zone shall be structured so no more than 20% of the units are studio or one-bedroom units and no fewer than 20% are three-bedroom units. At least 30% of the dwelling units must be two-bedroom units. Bedroom count for the remainder of the affordable units is at the discretion of the developer.

(d)

Density for the DAHO Zone shall be no greater than 15 units per acre.

(e)

All affordable dwelling units shall be constructed and maintained in compliance with the requirements of the New Jersey Council on Affordable Housing, UHAC and the settlement agreement in the matter of the Borough of Cresskill, County of Bergen Docket No. L-6274-15 before certificates of occupancy will be issued. The developer shall include all facilities required by law which are necessary to be maintained. Furthermore, all such developments shall conform to Article XXIX, Special Mount Laurel Requirements, and Article XXX, Development Fees for Affordable Housing, of the Borough of Cresskill Municipal Code.

§ 275-40.2 Affordable Housing Site II Zone.

[Added 12-20-2017 by Ord. No. 17-17-1511; amended 12-19-2018 by Ord. No. 18-23-1511A]

(1)

Residential market rate and affordable dwelling units specifically including multifamily buildings at the density, height and bulk prescribed below. Affordable housing units shall be constructed, marketed and deed restricted in strict conformance to Cresskill's Affordable Housing Ordinance, Council on Affordable Housing regulations and all requirements contained within the Uniform Housing Affordability Controls as these documents may be amended, revised and supplemented.

Storage permitted. No person in the Affordable Housing Site Zone shall store, place, deposit, or permit the continuation of storage, placement, or deposit of, upon any premises, any unregistered motor vehicle or any machinery, equipment, lumber, building materials or supplies or parts thereof; provided, however, that unless otherwise prohibited, it shall not be unlawful to store, place or deposit the foregoing items in a fully enclosed structure upon such premises. Nothing herein contained shall be deemed to authorize the erection of a structure or structures not otherwise authorized to be so erected.

Prohibited uses. All uses not listed in § 275-40.2A are prohibited.

(1)

[Added 6-16-2021 by Ord. No. 21-23-1573]

Performance standards. All uses are subject to performance standards as set forth in Article XIV.

The following area and bulk standards are applicable in the Affordable Housing Site II Zone:

(1)

Standards.

Regulations		Inclusionary Developments
Lot area		10,000 square feet
Lot frontage		100 feet
Lot depth		100 feet
Minimum required
	Front yards	15 feet
	Side yards	6 feet
	Rear yard	15 feet
Parking		Not permitted in required front yard
Maximum permitted building height
	Stories	3
	Feet	41
	Building coverage	40%

(2)

Additional regulations.

(a)

In recognition of the requirement to minimize or remove unnecessary development cost-generating requirements, the following minimum parking standards are applicable in the Affordable Housing Site II Zone.

[1]

Affordable dwelling unit: 1.25 parking spaces per dwelling.

[2]

Market rate dwelling unit: RSIS requirements apply.

(b)

All developments constructed within the Affordable Housing Site II Zone shall be structured so that no less than 20% of the entire development are COAH credit-worthy units if these units are to be offered for sale. A rental community shall be required to have a 15% affordable housing set-aside. No less than 50% of all COAH credit-worthy units shall be affordable to low-income households, with 13% of all affordable units available to very-low-income family households. The balance can be affordable to moderate-income households.

(c)

Affordable housing in the Zone shall be structured so no more than 20% of the units are studio or one-bedroom units, at least 30% are two bedrooms and no fewer than 20% are three-bedroom units. Bedroom count for the remainder of the affordable units is at the discretion of the developer.

(d)

Density for the Affordable Housing Site II Zone shall be no greater than 15 units per acre.

(e)

All affordable dwelling units shall be constructed and maintained in compliance with the requirements of the New Jersey Council on Affordable Housing, and the Uniform Housing Affordability Controls before certificates of occupancy will be issued. The developer shall include all facilities required by law which are necessary to be maintained as part of an inclusionary development so that COAH restrictions are legally enforceable. Furthermore, all such developments shall conform to Article XXIX, Special Mount Laurel Requirements, of the Borough of Cresskill Municipal Code.