The restrictions which control development in
each district are set forth in the attached Schedules 1 and 2, which
are supplemented by other sections of this chapter.[1]
[1]
Editor's Note: Said schedules are included
at the end of this chapter.
A.
No building or structure shall be erected, moved,
altered, constructed, reconstructed or enlarged except as specified
in this chapter, nor shall any land, building or structure be used
for any purpose or in any manner except in conformity with all regulations,
requirements and/or restrictions specified in this chapter for the
district in which such building, structure or land is located.
B.
In interpreting and applying this chapter, the requirements
contained herein are declared to be the minimum requirements for the
protection and promotion of the public health, safety, morals and
general welfare.
A.
Any use not specifically designated as a principal
permitted use, accessory use or conditional use is specifically prohibited
from any zone district in the Borough of Hasbrouck Heights.
B.
No yard or other open space provided about any building
for the purpose of complying with the provisions of this chapter shall
be considered as providing a yard or open space for any other building.
C.
The area or dimension of any lot, yard or other space
shall not be reduced to less than the minimum required by this chapter,
and if already existing at less than the minimum required by this
chapter, said area or dimension may be continued and shall not be
further reduced.
D.
All off-street parking and loading shall be located
on the lot on which the principal use is located.
E.
In case of uncertainty or disagreement as to the proper
application of any of the requirements of this chapter, the determination
thereof shall lie with the Board of Adjustment.
F.
The sale, storage or display of goods outside the
confines of a building or structure is prohibited except for the following:
[Amended 8-13-1994 by Ord. No. 1601]
(1)
The sale of products for garden supply and building
material establishments.
(2)
The sale of gasoline and related automotive goods
at automobile service stations.
(3)
Sidewalk sales, subject to the issuance of the applicable
permit by the Borough.
(4)
Outside sales for nonprofit and philanthropic organizations,
subject to the issuance of any applicable permit by the Borough.
(5)
Newspaper vending machines as otherwise permitted
by ordinance.
G.
No land or building in any zoning district within
the Borough shall be used or shall be allowed to be used as a massage
parlor or massage business except such establishment operated by a
physician, osteopath, chiropractor or certified physical therapist
licensed by the State of New Jersey; provided, however, that nothing
herein contained shall prevent the massage of patient at the residence
of that patient by a duly licensed physician, osteopath, chiropractor
or certified physical therapist or at a regularly established medical
center, hospital or sanatorium under the supervision of a licensed
physician, osteopath, chiropractor or certified physical therapist
or at his, her or their professional office.
[Added 12-29-1998 by Ord. No. 1843]
H.
No land or building in any zoning district within
the Borough shall be used or shall be allowed to be used for any of
the following purposes:
[Added 11-26-2002 by Ord. No. 1986]
(1)
Businesses for the purposes of cashing checks unless
such business provides to its customers checking and savings accounts
and mortgage loans.
(2)
Businesses for the sale of live poultry.
(3)
Businesses for the sale or service of motorcycles
or motorcycle parts or accessories.
(4)
Businesses or offices providing to the public physic
readings, tarot card readings, palm readings, crystal ball readings,
"new age" readings, aura readings or aura photography.
(5)
Businesses, offices or parlors providing to the public
tattoos or body piercing.
(6)
Public billiards or pool parlors.
(7)
Amusement or video arcades or businesses providing
to the public entertainment through video games, pinball games, electronic
games or the like.
(8)
The conduct of carnivals or circuses or other businesses
providing entertainment by the use of carousels, roller coasters,
merry-go-rounds, Ferris wheels or similar devices, which carnivals,
circuses or other such businesses are open to the public.
(9)
Businesses providing the storage, transfer, baling,
packing or other processing of junk, trash, scrap metal or any other
refuse.
(10)
Businesses or offices providing to the public
saunas, steam baths or bathing facilities except upon the premises
of an otherwise lawfully permitted hotel, motel or health-care facility
operated by a licensed physician and when such facilities are approved
under the applicable provisions of the Health Code of the Borough.
I.
No residential premises, including dwelling houses, apartments, rooming
houses or boarding houses or any parts thereof or rooms therein, except
duly licensed hotels and motels, shall be rented or let for occupancy
by any person or persons for a period or term of less than 180 days.
[Added 2-28-2017 by Ord.
No. 2386]
J.
No land or building in any zoning district within the Borough of
Hasbrouk Heights shall be used or shall be allowed to be used for
the sale or distribution of marijuana or any substitute thereof producing
an intoxicating effect, except for such premises regularly in the
business of providing prescription medicines under a license issued
by the New Jersey Board of Pharmacy and only for the sale of medical
marijuana having been prescribed by a licensed physician and dispensed
by a licensed pharmacist.
[Added 2-13-2018 by Ord.
No. 2402]
K.
AHO Affordable Housing Overlay Set-Aside Requirements.
[Added 5-14-2019 by Ord.
No. 2439]
(1)
Purpose. The purpose of this set-aside requirement is to create a
realistic opportunity for the construction of low- and moderate-income
housing as land becomes available for development in the Borough of
Hasbrouck Heights and thereby address the unmet need portion of the
fair share housing obligation of the Borough of Hasbrouck Heights
under the New Jersey Fair Housing Act of 1985, N.J.A.C. 5:93-1 et
seq.,[1] as amended and supplemented, N.J.A.C. 5:80-26.1 et seq.,
as amended and supplemented, and the Mount Laurel Doctrine.
[1]
Editor's Note: The provisions of N.J.A.C. 5:93 expired 10/16/2016.
(2)
Any property in the Borough of Hasbrouck Heights that is currently zoned for nonresidential uses and subsequently receives a zoning change or use variance or approval of a redevelopment or rehabilitation plan to permit multifamily residential development at a density of at least six units per acre, yielding at least five new dwelling units, or that is currently zoned for residential uses and receives a zoning change or density variance or approval of a redevelopment or rehabilitation plan to permit multifamily residential development, at a density of at least six units per acre, yielding at least five new dwelling units, shall provide an affordable housing set-aside of 15% if the affordable units will be for rent and 20% if the affordable units will be for sale. This provision does not affect residential development on sites that are zoned for inclusionary residential development as part of the Borough's Housing Element and Fair Share Plan, which are subject to the affordable housing set- aside requirements set forth in the applicable zoning. This requirement does not give any developer the right to any such rezoning, variance or other relief, or establish any obligation on the part of the Borough of Hasbrouck Heights to grant such rezoning, variance or other relief. A property shall not be permitted to be subdivided so as to avoid compliance with this requirement. All affordable units created pursuant to this subsection shall be governed by the provisions of Chapter 79, Affordable Housing.
L.
(Reserved)
M.
No land
or building in any zoning district within the Borough of Hasbrouck
Heights shall be used or shall be allowed to be used as any class
of cannabis establishment or cannabis distributor or cannabis delivery
service as said terms are defined in Section 3 of P.L. 2021, c. 16.
[Added 5-11-2021 by Ord. No. 2483]
[Added 5-14-2019 by Ord.
No. 2438]
A.
The Hasbrouck Heights Affordable Housing Overlay Zone district is
hereby established.
B.
The Zoning Map shall be and is hereby amended and supplemented by
the addition of the Hasbrouck Heights Affordable Housing Overlay Zone,
incorporating the following properties into said overlay zone:
Block 129, Lot 1; Block 131, Lots 1, 4, 5 and 9; and Block 132.01,
Lots 1, 2, 3, 4.02, 5.01, 5.03, 5.04 and 5.05
Block 98, Lot 1.01.
C.
The purpose of the Zone is to provide a realistic opportunity to
address the Borough's unmet affordable housing need obligation.
D.
The following are the principal permitted uses;
(1)
Multifamily residential uses, where a 15% affordable residential
rental component set-aside or a 20% affordable for sale component
set-aside is provided in accordance with the applicable Borough ordinances.
Multifamily residential uses shall include townhouses, duplex structures
and apartments.
(2)
Existing permitted uses, permitted by the underlying zone, are
not modified or affected by the establishment of this overlay zone.
(3)
Development of the site in the Hasbrouck Heights Affordable
Housing Overlay Zone is permitted for either a permitted use authorized
pursuant to the underlying zone or in the alternative, a use permitted
in the overlay zone, but not for both.
F.
All conditional uses permitted in the underlying Zone in this Zone
shall continue to be conditional uses.
G.
Permitted accessory structures, buildings and uses:
(1)
All accessory uses permitted in the underlying zones.
(2)
Private residential garages and off-street parking. Stand-alone
structured parking decks are prohibited.
(3)
Loading areas.
(4)
Leasing office.
(5)
Streetscape improvements.
(6)
Fences in accordance with the applicable Borough ordinances.
(7)
Signage shall be subject to the requirements of the applicable
Borough ordinances.
(8)
Other customary accessory uses and structures such as, but not
limited to a club room, fitness areas and swimming pools for the private
use and enjoyment of residents and their guests.
H.
Bulk regulations.
(1)
The bulk regulations for the Hasbrouck Heights Affordable Housing
Overlay Zone multifamily residential use are as follows:
(a)
Minimum lot size: one acre.
(b)
Minimum required lot width: 200 feet.
(c)
Minimum required lot depth: 200 feet.
(d)
Minimum required front yard: 20 feet.
(e)
Minimum required side yard: 20 feet.
(f)
Minimum required rear yard: 20 feet.
(g)
Maximum building height: 40 feet/four stories
(h)
Maximum building coverage: 40%.
(i)
Maximum impervious coverage: 75%
(j)
Density: 20 du/ac.
(2)
No more than two bedrooms shall be permitted in any market rate
unit.
I.
Parking and loading.
(1)
Residential Site Improvement Standards (RSIS), N.J.A.C. 5:21,
shall be referenced to determine the number of required parking spaces,
size of parking spaces, and construction details concerning project
streets and drives, sidewalks, water supply and sanitary sewers. Barrier-free
parking spaces shall be provided and signed in accordance with the
standards of the New Jersey Barrier-Free Code.
(2)
Structured parking is permitted. The number of parking stories
shall be counted towards the number of stories permitted.
J.
Landscape standards:
(1)
A landscape plan prepared by a licensed landscape architect,
licensed by the New Jersey State Board of Architects, or other qualified
individual shall be submitted as part of any development plan. The
plan shall include detailed construction drawings for all site landscaping,
common areas, recreation areas and all street frontage improvements
including but not limited to street trees, ornamental lighting and
brick paver walkways.
(2)
A minimum planted buffer of not less than 15 feet shall be established
and maintained around the perimeter of the tract developed pursuant
to this section. This perimeter buffer shall be planted with a dense
grouping of landscape materials which may include fencing, decorative
walls and berms. Site driveways, with or without sidewalk(s) connecting
the public street to the site, are permitted to pierce this required
buffer, as are underground utility and drainage connections
(3)
All portions of the property not utilized by buildings or paved
surfaces shall be landscaped utilizing a variety of landscape material,
including but not limited to landscaped fencing, shrubbery, lawn area,
ground cover, and trees. The use of coniferous and/or deciduous trees
native to the area shall be used to lessen the visual impact for the
structures and paved areas.
(4)
Landscaping shall be designed to create a complete integration
of the various elements of site design.
K.
An indoor trash and recycling area for the collection and storage
of generated trash and recyclable materials shall be provided within
the principal building.
[Amended 4-23-1996 by Ord. No. 1747]
There shall be permitted no more than one principal
building on each lot in any district, except in the R-4, R-5 and R-6
Zones and only as expressly permitted in the applicable sections of
this chapter as to separate multiple dwelling apartment buildings,
and except in the B-2 Highway Commercial and I Industrial Zones as
long as the distance between any two such principal buildings on one
lot (known herein as the "interior yard") shall be no less than 1/2
of the minimum side yard in that zone.
[Amended 4-23-1996 by Ord. No. 1747]
There shall be permitted no more than one principal
use on each lot in any zoning district in the Borough of Hasbrouck
Heights, except in the B-2 Highway Commercial and I Industrial Zones.
