Borough of Highland Park, NJ
Middlesex County
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Table of Contents
Table of Contents
Residential districts are established in order to achieve the general goals as stated in § 230-2 and for the following specific purposes:
A. 
To protect residential areas against fire, explosion, noxious fumes, offensive noise, vibrations, smoke, dust, odors, heat, glare and other objectionable influences.
B. 
To protect residential areas against the intrusion of abnormal vehicular traffic and to provide space for off-street parking.
C. 
To protect residential areas against congestion by regulating the bulk of buildings in relation to the land around them and to provide sufficient space in appropriate locations for residential development to meet the needs of probable expansion in population.
D. 
To protect those quasi-residential uses which require a residential environment and which provide essential health and welfare services for the residents.
E. 
To promote the aesthetic compatibility of all development within the community.
[Amended by Ord. No. 1269; Ord. No. 1347]
The following regulations shall apply in the RA Residential Zone.
A. 
Permitted principal uses.
(1) 
Single-family detached dwellings.
B. 
Permitted accessory uses.
(1) 
Private garage space for the storage of motor vehicles.
(2) 
Greenhouses, toolsheds and other similar structures.
(3) 
Private recreational facilities, such as but not limited to swimming pools, tennis courts and satellite dish antennas (receive only), provided these uses shall be noncommercial and that lighting shall be directed away from adjacent lots.
(4) 
Fences, walls and hedges.
C. 
Conditional uses.
(1) 
Churches, synagogues and other similar places of worship, parish houses, and convents.
(2) 
Public utility facilities required to provide the direct service of the utility to the consumers, such as transformers and pumping stations, but excluding warehouses, service or storage and treatment yards and offices.
(3) 
Public parks and playgrounds.
D. 
Bulk regulations.
(1) 
The requirements for this district of lot area and width, yard dimensions, building coverage, and height shall be listed in the bulk schedule for the RA Zone contained in § 230-149 of this chapter. Any handicapped ramp leading to the ground floor shall be exempt from the Zoning Bulk Schedule requirements contained in § 230-149 of this chapter.
E. 
Prohibited uses.
(1) 
All nonresidential uses, such as but not limited to professional offices, institutional, commercial, industrial and educational uses, including signs.
(2) 
All residential uses not specifically permitted in this zone.
F. 
Parking.
(1) 
Off-street parking space with appropriate access thereto shall be provided on the same lot it is intended to serve, in accordance with the following minimum standards.
(a) 
Single-family detached dwelling: two off-street parking spaces for each dwelling unit.
G. 
Permitted signs.
(1) 
One nonilluminated, residential nameplate sign situated within the property line and not exceeding one square foot on any surface.
(2) 
One nonflashing, nonilluminated temporary sign pertaining to the lease or sale of the same lot or building upon which it is placed, situated within the property lines and the premises to which it relates, and not exceeding six square feet in area on any one side. The sign must be removed from the premises within two days after the property has been leased or sold.
(3) 
One nonflashing, nonilluminated temporary sign pertaining to a particular event, purpose or occasion, including electoral. Said sign must be removed within one day after the occurrence of the event and within 60 days of the posting of the sign, whichever comes first.
(4) 
No freestanding sign shall be located closer to any front or side lot line than 10 feet.
[Amended by Ord. No. 1269; Ord. No. 1347]
The following regulations shall apply in the RB Residential Zone.
A. 
Permitted principal uses.
(1) 
Single-family detached residential dwelling units.
(2) 
Two-family residential dwelling units.
B. 
Permitted accessory uses.
(1) 
Private garage space for the storage of motor vehicles.
(2) 
Greenhouses, toolsheds and other similar structures.
(3) 
Private recreational facilities, such a, but not limited to swimming pools, tennis courts and satellite dish antennas (receive only), provided these uses shall be noncommercial and that lighting shall be directed away from adjacent lots.
(4) 
Fences, walls and hedges.
C. 
Conditional uses.
(1) 
Churches, synagogues and other similar places of worship, parish houses, and convents.
(2) 
Public and private institutions for education not operated for profit.
(3) 
Public utility facilities required to provide the direct service of the utility to the consumers, such as transformers and pumping stations, but excluding warehouses, service or storage and treatment yards and offices.
(4) 
Fraternal, charitable and philanthropic institutions.
(5) 
Public parks and playgrounds.
D. 
Bulk regulations.
(1) 
The requirements for this district of lot area and width, yard dimensions, building coverage, and height shall be listed in the bulk schedule contained in § 230-149 of this chapter.
(a) 
Single-family detached dwelling units: as regulated by the RA Zone.
(b) 
Two-family dwelling units: as regulated by the RB Zone.
(2) 
Any handicapped ramp leading to the ground floor shall be exempt from the Zoning Bulk Schedule requirements contained in § 230-149 of this chapter.
E. 
Prohibited uses.
(1) 
All nonresidential uses, such as but not limited to professional offices, institutional, commercial and industrial uses.
(2) 
All residential uses not specifically permitted in this zone.
F. 
Parking. Off-street parking space with appropriate access thereto shall be provided on the same lot it is intended to serve, in accordance with the following minimum standards:
(1) 
Single-family detached dwelling: two off-street parking spaces for each dwelling unit.
(2) 
Two-family dwellings: two off-street parking spaces for each dwelling unit.
G. 
Permitted signs.
(1) 
Sign control in the RB Zone shall be the same as designated for the RA Zone.
[Added by Ord. No. 1569]
A. 
Purpose of RA-E Zone. This residential district is established in order to achieve the general goals as stated in § 230-2, and for the following general purposes:
(1) 
Encourage the protection of environmentally sensitive areas of the community with such natural features as steep slopes, shallow soils, mature wooded areas, stream corridors and floodplains, and other features deserving of protection;
(2) 
Preserve open space through encouraging the development technique of residential clusters;
(3) 
Enhance community appearance through providing flexibility in residential design;
(4) 
Provide the opportunity for visual and physical linkages of open space throughout the Borough by protecting natural areas adjacent to or in close proximity to existing parks and ecological preserves.
(5) 
Develop harmonious settings for the interface of residential development and natural resource preservation through buffering and transitional land usage.
B. 
Permitted principal uses.
(1) 
Single-family detached dwellings.
C. 
Permitted accessory uses.
(1) 
Private garage space for the storage of motor vehicles.
(2) 
Greenhouses, toolsheds and other similar structures.
(3) 
Private recreational facilities, such as but not limited to swimming pools and tennis courts, provided these uses shall be noncommercial and that lighting shall be directed away from adjacent lots.
(4) 
Fences, walls and hedges.
D. 
Conditional uses.
(1) 
Churches, synagogues and other similar places of worship, parish houses, and convents.
(2) 
Public utility facilities required to provide the direct service of the utility to the consumers, such as transformers and pumping stations, but excluding warehouses, service or storage and treatment yards and offices.
E. 
Bulk regulations.
(1) 
Standard option. The requirements for this district of lot area and width, yard dimensions, building coverage and height shall be listed in the bulk schedule for the RA-E Zone contained in § 230-149 of this chapter.
(2) 
Residential cluster option. The requirements for a single-family residential cluster development shall be listed in the bulk schedule for the RA-E Zone (residential cluster) contained in § 230-149 of this chapter. The following open space requirements must be met for the cluster option:
(a) 
A minimum of 40% of the total site area shall be devoted to open space.
(b) 
At least 90% of the area devoted to open space shall be preserved in its natural state.
(c) 
The developer may dedicate, and the Borough of Highland Park and/or County of Middlesex may accept, the open space for public use.
(d) 
If the open space is not dedicated to the Borough of Highland Park and/or County of Middlesex, the developer shall create a homeowners' association for the ownership and maintenance of the open space for the benefit of the owners and residents of the development. Such association shall not be dissolved and shall not dispose of any open space, by sale or otherwise, except to an organization conceived and established to own and maintain the open space for the benefit of such development, and thereafter such organization shall not be dissolved or dispose of any of its open space without first offering to dedicate the same to the Borough of Highland Park and/or County of Middlesex.
F. 
Prohibited uses.
(1) 
All nonresidential uses, such as but not limited to professional offices, institutional, commercial, industrial and educational uses, including signs.
(2) 
All residential uses not specifically permitted in this zone.
G. 
Parking. Off-street parking space with appropriate access thereto shall be provided on the same lot it is intended to serve in accordance with New Jersey Residential Site Improvement Standards (N.J.A.C. 5:21-4).
H. 
Permitted signs.
(1) 
One nonilluminated, residential nameplate sign situated within the property line and not exceeding one square foot on any surface.
(2) 
One nonflashing, nonilluminated temporary sign pertaining to the lease or sale of the same lot or building upon which it is placed, situated within the property lines and the premises to which it relates and not exceeding six square feet in area on any one side. The sign must be removed from the premises within two days after the property has been leased or sold.
(3) 
One nonflashing, nonilluminated temporary sign pertaining to a particular event, purpose or occasion, including electoral. Said sign must be removed within one day after the occurrence of the event and within 60 days of the posting of the sign, whichever comes first.
(4) 
No freestanding sign shall be located closer to any front or side lot line than 10 feet.
I. 
Buffering and landscaping.
(1) 
A planted buffer shall be provided along the exterior tract line. The buffer shall be a minimum width of 10 feet. Planting material shall be at least six feet in height at the time of planting.
(2) 
All areas not devoted to structures, parking areas, and other required uses shall be landscaped in accordance with an approved landscape plan. Wherever possible, natural features shall be preserved.
[1]
Editor's Note: Original § 17-17.4, RC Planned Two-Family Residential Zone, as amended by Ord. Nos. 1194, 1269 and 1347, was repealed by Ord. No. 1569.
[Amended by Ord. No. 1269]
The following regulations shall apply in the RM-G Residential Zone.
A. 
Permitted principal uses.
(1) 
Garden apartments.
(2) 
Two-family planned residential dwellings as per the RC designation.
(3) 
Single-family residential dwellings.
B. 
Permitted accessory uses.
(1) 
Private garage space and parking area for the storage of motor vehicles.
(2) 
Private recreational facilities, such as but not limited to swimming pools, tennis courts and satellite dish antennas (receive only), provided these uses shall be noncommercial and that all lighting shall be directed away from adjacent lots.
(3) 
Greenhouses, toolsheds and other similar structures.
(4) 
Fences, walls and hedges.
C. 
Conditional uses.
(1) 
Churches, synagogues, and other similar places of worship, parish houses, convents or other church-related activity.
(2) 
Public and private institutions for education not operated for profit.
(3) 
Public utility facilities required to provide the direct service of the utility to the consumers, such as transformers and pumping stations, but excluding warehouses, service or storage and treatment yards and offices.
(4) 
Fraternal, charitable and philanthropic institutions.
D. 
Bulk regulations.
(1) 
The requirements for this district of lot area and width, yard dimensions, building coverage and height shall be listed in the bulk schedule contained in § 230-149 of this chapter.
(a) 
Garden apartments: as regulated by the RM-G Zone.
(b) 
Two-family dwellings: as regulated by the RC Zone.
(c) 
Single-family dwellings: as regulated by the RA Zone.
(2) 
Other RM-G bulk regulations.
(a) 
Minimum building setback from an exterior tract boundary: 50 feet.
(b) 
Minimum distance between buildings: 35 feet between non-window walls and 90 feet between window walls.
(c) 
Minimum building setback from an interior driveway: 20 feet.
(d) 
Minimum building setback from any parking area: 15 feet.
E. 
Prohibited uses.
(1) 
All nonresidential uses, such as but not limited to professional offices, institutional, commercial and industrial uses, including signs.
(2) 
All residential uses not specifically permitted in this zone.
F. 
Regulations for garden apartments.
(1) 
Development application shall be made in full compliance with Articles VIII and IX of this chapter.
(2) 
The maximum density of dwelling units in a garden apartment development shall not exceed 10 units per acre for the total lot area.
(3) 
No more than 10 first-floor dwelling units shall be contained in any one continuous structure, not to exceed 200 feet in structural length.
(4) 
Garden apartment structures may be grouped with architectural design consistent in each structure. A minimum four-foot building offset shall be required every two doors.
(5) 
Where practical, the design layout of garden apartment structures shall be such that the front of one residential building or structure does not face the rear of another such building or structure or the rear of buildings or structures on adjoining properties unless 200 feet distant therefrom.
(6) 
No basement or attic apartments shall be permitted.
(7) 
Every dwelling unit shall have a suggested minimum gross floor area in accordance with the following:
(a) 
Efficiency unit: 500 square feet.
(b) 
One-bedroom unit: 950 square feet.
(c) 
Two-bedroom unit: 1,100 square feet.
(d) 
Three-bedroom unit: 1,500 square feet.
(8) 
There shall be a landscaped buffer strip consisting primarily of evergreen trees. The buffer strip shall be provided along all interior lot lines and also adjacent to exterior lot lines. The buffer shall be a minimum width of 10 feet. Planting material shall be at least six feet high at the time of planting, and it shall be the responsibility of the owner or developer to carry out this program and to promote such maintenance and care as is required to obtain the effect intended by the original plan.
(9) 
All areas not devoted to structures, parking areas, and other required uses shall be appropriately landscaped in accordance with an approved landscape plan. Wherever possible, natural features shall be preserved. Landscaped areas shall be maintained by and at the expense of the owner.
(10) 
The following open space requirements shall be met:
(a) 
A minimum of 25% of the total site area shall be devoted to open space, at least 10% of which shall be developed for active and passive recreation usage.
(b) 
Recreation areas may include but are not limited to swimming pools and related facilities, bicycle and walking/jogging paths, tennis courts or other appropriate facilities.
(c) 
For purposes of this provision, "open space," "open space area," and "recreation area" shall be exclusive of required front, side and rear yards, driveways, parking areas, loading or storage areas and shall be maintained exclusively for residents of the site.
(d) 
Such space shall not be located closer than 20 feet from a public street, interior road or driveway.
(11) 
All streets, roads and driveways shall be constructed and maintained in accordance with municipal requirements.
(12) 
All proposed developments shall be of maintenance-free materials with masonry exterior walls.
(13) 
All garden apartment developments shall be served by public water and sanitary sewer lines, the plans for which shall be approved by the Borough Engineer prior to the issuance of a building permit.
(14) 
All utilities necessary to serve garden apartment developments shall be installed and underground.
(15) 
No freestanding accessory structures shall be permitted other than those associated with community and/or recreational facilities or maintenance of the development. Any freestanding accessory structures shall be erected only in accordance with the approved site plan for the development.
(16) 
The maximum net density permitted shall not exceed 12 dwelling units per acre of the proposed residential cluster.
G. 
Parking.
(1) 
Off-street parking space with appropriate access thereto shall be provided on the same lot or tract it is intended to serve, in accordance with the following minimum standards.
(a) 
Garden apartments: two off-street parking spaces per dwelling unit.
(b) 
Two-family planned dwellings: two off-street parking spaces per dwelling unit.
(c) 
Single-family dwellings: two off-street parking spaces per dwelling unit.
H. 
Permitted signs.
(1) 
All signs as specified in the RA Zone.
(2) 
One freestanding sign, nonilluminated, to identify the project/complex name, not exceeding a maximum 24 square feet on all surfaces, not more than eight feet long, with a maximum height of sign and sign base above finished grade level of seven feet. All such signs shall not be located within any required street or driveway sight triangle area. All such signs shall be provided with a monument-style base with planter area.
[Amended by Ord. No. 1269]
The following regulations shall apply in the RM-T Residential Zone.
A. 
Permitted principal uses.
(1) 
Townhouse dwelling units.
(2) 
Two-family planned residential dwelling units, as per the RC designation.
(3) 
Single-family residential dwelling units.
B. 
Permitted accessory uses.
(1) 
Private garage space and parking area for the storage of motor vehicles.
(2) 
Private recreational facilities, such as but not limited to swimming pools, tennis courts and satellite dish antennas (receive only), provided these uses shall be noncommercial and that all lighting shall be directed away from adjacent lots.
(3) 
Greenhouses, toolsheds and other similar structures.
(4) 
Fences, walls and hedges.
C. 
Conditional uses.
(1) 
Public safety facilities and public utility facilities required to provide the direct service of the utility to the consumers, such as transformers and pumping stations, but excluding warehouses, service or storage and treatment yards and offices.
(2) 
Public parks and playgrounds.
D. 
Bulk regulations.
(1) 
The requirements for this district of lot area and width, yard dimensions, building coverage and height shall be listed in the bulk schedule contained in § 230-149 of this chapter.
(a) 
Townhouses: as regulated by the RM-T Zone.
(b) 
Two-family dwellings: as regulated by the RC Zone, except that density regulations of RM-T Zone shall apply.
(c) 
Single-family dwellings: as regulated by the RA Zone.
(2) 
Other RM-T bulk regulations.
(a) 
Minimum building setback from an exterior tract boundary: 50 feet.
(b) 
Minimum front yard setback: 25 feet.
(c) 
Minimum rear yard setback: 25 feet.
(d) 
Minimum distance between buildings: 35 feet between non-window walls and 90 feet between window walls.
(e) 
Minimum building setback from an interior street line: 25 feet.
(f) 
Minimum side yard setback for all end units: 25 feet.
E. 
Prohibited uses.
(1) 
All nonresidential uses, such as but not limited to professional offices, institutional, commercial and industrial uses, including signs.
(2) 
All residential uses not specifically permitted in this zone.
F. 
Regulations for townhouses.
(1) 
Development application shall be made in full compliance with Articles VIII and IX of this chapter.
(2) 
The maximum gross density of dwelling units in a townhouse development shall not exceed six units per acre for the total lot area.
(3) 
The minimum width of any townhouse shall be 20 feet.
(4) 
No more than eight townhouse units shall constitute a townhouse row or attached row of units in one building.
(5) 
The townhouses shall be constructed in a staggered fashion so that the front wall of every two townhouse units is a minimum of four feet from the front building line of the two townhouse units on either side.
(6) 
Each townhouse unit shall have two means of entrance and exit separate and apart from that of any other unit.
(7) 
Each townhouse unit shall have two exterior walls with window access to light and air.
(8) 
Every dwelling unit shall have a suggested minimum gross floor area in accordance with the following:
(a) 
One-bedroom unit: 1,000 square feet.
(b) 
Two-bedroom unit: 1,250 square feet.
(c) 
Three-bedroom unit: 1,500 square feet.
(9) 
The following open space requirements shall be met:
(a) 
A minimum of 25% of the total site area shall be devoted to open space.
(b) 
At least an additional 10% of the total site area shall be developed as active and passive recreation facilities.
(c) 
Recreation areas may include but are not limited to swimming pools and related facilities, bicycle and walk paths, tennis courts or other appropriate facilities.
(d) 
For purposes of this provision, "open space," "open space area," and "recreation area" shall be exclusive of required front, side and rear yards, driveways, parking areas, loading or storage areas and shall be maintained exclusively for residents of the site. All required open space areas and required recreation areas shall be fully contiguous and accessible to the residential development to which it serves.
(e) 
Such space shall not be located closer than 20 feet from a public street, interior road or driveway.
(10) 
A planted buffer area shall be provided along exterior lot lines. The buffer shall be a minimum width of 10 feet. Planting material shall be at least six feet in height at the time of planting.
(11) 
All areas not devoted to structures, parking areas, and other required uses shall be landscaped in accordance with an approved landscape plan. Wherever possible, natural features shall be preserved.
(12) 
Off-street parking spaces for units shall be provided in parking areas located within 50 feet of each dwelling unit. Parking areas, driveways and walkways shall be illuminated, screened and buffered with shade trees and evergreens.
(13) 
All streets, roads, driveways, and other public improvements shall be constructed and maintained in accordance with Articles VIII and IX of this chapter.
(14) 
All townhouse units shall be served by public water and sanitary sewer lines, the plans for which shall be approved by the Borough Engineer prior to the issuance of a building permit.
(15) 
All utilities necessary to serve the townhouse units shall be installed underground.
(16) 
The maximum net density permitted shall not exceed eight dwelling units per acre of the proposed residential cluster.
(17) 
Prior to approval of any application for a multifamily development in this zone, the applicant, through licensed professional expertise, shall submit an environmental impact statement, prepared in conformance with § 230-81 of this chapter, and shall additionally provide by mapping an outbound survey of all areas found to be environmentally or ecologically sensitive. Further, soil tests, based upon laboratory analysis of both test pits and test borings, shall be provided.
(18) 
A one-hundred-foot-wide buffer shall be provided for all areas determined to be an environmental or ecological sensitive area. No building, pavement or other development other than supplemental landscaped plantings shall occur within this one-hundred-foot-wide buffer area.
(19) 
No development shall be permitted within any land area deemed to be environmentally sensitive, based upon the findings of fact by the reviewing board as a result of its analysis and review of the submitted environmental impact statement.
(20) 
A specific affordable housing set-aside of 10% of all residential units created within this zone shall be made available for low- and moderate-income families in a methodology consistent with the rules of the New Jersey Council on Affordable Housing.
G. 
Parking.
(1) 
Off-street parking space with appropriate access thereto shall be provided on the same lot or tract it is intended to serve, in accordance with the following minimum standards.
(a) 
Townhouse dwelling: two off-street parking spaces per dwelling unit.
(b) 
Two-family planned dwelling: two off-street parking spaces per dwelling unit.
(c) 
Single-family dwellings: two off-street parking spaces per dwelling unit.
H. 
Permitted signs.
(1) 
All signs as specified in the RA Zone.
(2) 
All signs as specified in the RM-G Zone.
[Amended by Ord. No. 1269]
The following regulations shall apply in the RM-M Residential Zone.
A. 
Permitted principal uses.
(1) 
Mid-rise residential structures (three to five stories).
(2) 
Townhouses.
(3) 
Single-family residential dwellings.
B. 
Permitted accessory uses.
(1) 
Private garage space and parking area for the storage of motor vehicles.
(2) 
Private recreational facilities, such as but not limited to swimming pools, tennis courts and satellite dish antennas (receive only), provided these uses shall be noncommercial and that all lighting shall be directed away from adjacent lots.
(3) 
Greenhouses, toolsheds and other similar structures.
(4) 
Fences, walls and hedges.
C. 
Conditional uses.
(1) 
Public utility facilities required to provide the direct service of the utility to the consumers, such as transformers and pumping stations, but excluding warehouses, service or storage and treatment yards and offices.
(2) 
Public parks and playgrounds.
D. 
Bulk regulations.
(1) 
The requirements for this district of lot area and width, yard dimensions, building coverage and height shall be listed in the bulk schedule contained in § 230-149 of this chapter.
(a) 
Mid-rise residential structures: as regulated by the RM-M Zone.
(b) 
Townhouses: as regulated by the RM-T Zone.
(c) 
Single-family residential dwellings: as regulated by the RA Zone.
(2) 
Other RM-M bulk regulations:
(a) 
When the majority of existing buildings within 500 feet of the subject site are situated on average ground elevations at least 10 feet lower than the average ground elevation for the proposed building, maximum building height shall be 35 feet or three stories.
(b) 
When the majority of existing buildings within 500 feet of the subject site are situated on average ground elevations that are at least 10 feet higher than the ground elevation for the proposed building on the subject site, the maximum permitted building height shall be 60 feet or five stories.
(c) 
When conditions described in Subsection D(2)(a) and (b) do not exist, the maximum permitting building height shall be 48 feet or four stories.
(3) 
Minimum building setback from any property line adjoining an existing single-family residential use or a single-family residential zone shall be not less than 100 feet.
(4) 
Prior to approval of any application for a multifamily development in this zone, the applicant, through licensed professional expertise, shall submit an environmental impact statement, prepared in conformance with § 230-81 of this chapter, and shall additionally provide by mapping an outbound survey of all areas found to be environmentally or ecologically sensitive. Further, soil tests, based upon laboratory analysis of both test pits and test borings, shall be provided.
(5) 
A one-hundred-foot-wide buffer shall be provided for all areas determined to be an environmental or ecological sensitive area. No building, pavement or other development other than supplemental landscaped plantings shall occur within this one-hundred-foot-wide buffer area.
(6) 
No development shall be permitted within any land area deemed to be environmentally sensitive, based upon the findings of fact by the reviewing board as a result of its analysis and review of the submitted environmental impact statement.
(7) 
A specific affordable housing set-aside of 10% of all residential units created within this zone shall be made available for low- and moderate-income families in a methodology consistent with the rules of the New Jersey Council on Affordable Housing.
(8) 
The following open space requirements shall be met:
(a) 
A minimum of 25% of the total site area shall be devoted to open space.
(b) 
At least 10% of the total site area shall be developed as active and passive recreation facilities.
(c) 
Recreation areas may include but are not limited to swimming pools and related facilities, bicycle and walk paths, tennis courts or other appropriate facilities.
(d) 
For purposes of this provision, "open space" shall be exclusive of required front, side and rear yards, driveways, parking areas, loading or storage areas and shall be maintained exclusively for residents of the site.
(e) 
Such space shall not be located closer than 20 feet from a public street, interior road or driveway.
(9) 
A planted buffer area shall be provided along exterior lot lines. The buffer shall be a minimum width of 10 feet. Planting material shall be at least six feet in height at the time of planting.
(10) 
All areas not devoted to structures, parking areas, and other required uses shall be landscaped in accordance with an approved landscape plan. Wherever possible, natural features shall be preserved.
(11) 
Off-street parking spaces for units shall be provided in parking areas located within 150 feet of each main entrance. Parking areas, driveways and walkways shall be illuminated, screened and buffered with shade trees and evergreens.
E. 
Prohibited uses.
(1) 
All nonresidential uses, such as but not limited to professional offices, institutional, commercial and industrial uses, including signs.
(2) 
All residential uses not specifically permitted in this zone.
F. 
Parking and other requirements.
(1) 
Off-street parking space with appropriate access thereto shall be provided on the same lot or tract it is intended to serve, in accordance with the following minimum standards.
(a) 
Mid-rise residential structure: two off-street parking spaces per dwelling unit.
(b) 
Townhouse dwelling: two off-street parking spaces per dwelling unit.
(c) 
Single-family residential dwelling: two off-street parking spaces per dwelling.
(2) 
All elevators included in any project shall provide adequate width and length and shall provide adequate door width for use by any stretchers or other devices used by the Highland Park emergency service agencies.
G. 
Permitted signs.
(1) 
All signs as specified in the RA Zone.
(2) 
All signs as specified in the RC Zone.
[Amended by Ord. No. 1269]
The following regulations shall apply in the RMT-W Residential Zone.
A. 
Principal permitted uses.
(1) 
Planned two-family dwellings, as per the RC Zone designation, including provision of one marina slip per dwelling unit.
(2) 
Townhouse dwelling units, including provision of one marina slip per dwelling unit.
(3) 
Marina facilities related to yacht, boat, motorboat basin and/or marina and/or dockage, only when designed in conjunction with a permitted residential development project, and subject to the conditions as set forth in Subsection G herein.
B. 
Permitted accessory uses.
(1) 
Private garage space and parking area for the storage of motor vehicles.
(2) 
Private recreational facilities, such as but not limited to swimming pools, tennis courts and satellite dish antennas (receive only), provided these uses shall be noncommercial and that lighting shall be directed away from adjacent lots.
(3) 
Greenhouses, toolsheds and other similar structures.
(4) 
Fences, walls and hedges.
(5) 
Boat trailer parking areas.
C. 
Conditional uses.
(1) 
Public safety facilities and public utility facilities required to provide the direct service of the utility to the consumers, such as transformers and pumping stations, but excluding warehouses, service or storage and treatment yards and offices.
(2) 
Public parks and playgrounds.
(3) 
Marine chandler supply stores where goods are sold or personal services are rendered that are clearly and exclusively oriented to the marine activities in the area, provided that all goods or products fabricated or processed incidental to such shall be sold at retail for use on the premises.
(4) 
Other commercial uses which are clearly and exclusively oriented to the marine activities in the area, such as building, sale, rental, storage of boats or repair of boat engines, and related equipment, subject to the same regulations as found for marine chandler supply stores.
D. 
Bulk regulations.
(1) 
The requirements for this district of lot area and width, yard dimensions, building coverage and height shall be listed in the bulk schedule contained in § 230-149 of this chapter.
(a) 
Townhouses: as regulated by the RM-T Zone, except as specified in Subsection F of this section.
(b) 
Two-family dwellings: as regulated by the RC Zone, except that density regulations of RMT-W shall apply.
(2) 
Other RM-W bulk regulations.
(a) 
Minimum building setback from an exterior tract boundary: 50 feet.
(b) 
Minimum front yard setback: 25 feet.
(c) 
Minimum rear yard setback: 25 feet.
(d) 
Minimum distance between buildings: 35 feet between non-window walls and 90 feet between window walls.
(e) 
Minimum building setback from an interior street line: 25 feet.
(f) 
Minimum side yard setback for all end units: 25 feet.
E. 
Prohibited uses.
(1) 
All nonresidential uses, such as but not limited to professional offices, institutional, commercial and industrial uses, including signs.
(2) 
All residential uses not specifically permitted in this zone.
(3) 
All retail and service uses not specifically permitted in the RM-W Zone.
(4) 
Any development aspect which adversely impacts environmentally sensitive areas.
F. 
Regulations for townhouses.
(1) 
Development application shall be made in full compliance with Articles VIII and IX of this chapter.
(2) 
The maximum density of dwelling units in a townhouse development shall not exceed six units per acre for the total lot area.
(3) 
The minimum width of any townhouses shall be 20 feet.
(4) 
No more than eight townhouse units shall constitute a townhouse row or attached row of units in one building.
(5) 
The townhouses shall be constructed in a staggered fashion so that the front wall of every two townhouse units is a minimum of four feet from the front building line of the two townhouse units on either side.
(6) 
Each townhouse unit shall have two means of entrance and exit separate and apart from that of any other unit.
(7) 
Each townhouse unit shall have two exterior walls with window access to light and air.
(8) 
Every dwelling unit shall have a minimum suggested gross floor area in accordance with the following:
(a) 
One-bedroom unit: 1,000 square feet.
(b) 
Two-bedroom unit: 1,250 square feet.
(c) 
Three-bedroom unit: 1,500 square feet.
(9) 
The following open space requirements shall be met:
(a) 
A minimum of 25% of the total site area shall be devoted to open space.
(b) 
At least an additional 10% of the total site area shall be developed as active and passive recreation facilities.
(c) 
Recreation areas may include but are not limited to swimming pools and related facilities, bicycle and walk paths, tennis courts or other appropriate facilities.
(d) 
For purposes of this provision, "open space," "open space area," and "recreation area" shall be exclusive of required front, side and rear yards, driveways, parking areas, loading or storage areas and shall be maintained exclusively for residents of the site. All required open space areas and recreation areas shall be fully contiguous and accessible to the residential development to which it serves.
(e) 
Such space shall not be located closer than 20 feet from a public street, interior road or driveway.
(10) 
A buffer area shall be provided along exterior lot lines. The buffer shall be a minimum width of 20 feet, with a minimum ten-foot planting area.
(11) 
All areas not devoted to structures, parking areas, and other required uses shall be landscaped in accordance with an approved landscape plan. Wherever possible, natural features shall be preserved.
(12) 
Off-street parking spaces for units shall be provided in parking areas located within 100 feet of each dwelling unit. Parking areas, driveways and walkways shall be illuminated, screened and buffered with shade trees and evergreens.
(13) 
All streets, roads, driveways, and other public improvements shall be constructed and maintained in accordance with Articles VIII and IX of this chapter.
(14) 
All townhouse units shall be served by public water and sanitary sewer lines, the plans for which shall be approved by the Borough Engineer prior to the issuance of a building permit.
(15) 
All utilities necessary to serve the townhouse units shall be installed and underground.
(16) 
The maximum net density permitted shall not exceed eight dwelling units per acre of the proposed residential cluster.
(17) 
For purposes of computation of the project gross density, riparian lands may be included in the project total land area. For purposes of computation of the project net density, the land area of the residential cluster shall not include riparian lands, tidal wetlands as mapped by NJDEP or floodplains, in addition to all other areas of exclusion from net density computation as noted in the definition of net density.
(18) 
Prior to approval of any application for a multifamily development in this zone, the applicant, through licensed professional expertise, shall submit an environmental impact statement, prepared in conformance with § 230-81 of this chapter, and shall additionally provide by mapping an outbound survey of all areas found to be environmentally or ecologically sensitive. Further, soil tests, based upon laboratory analysis of both test pits and test borings, shall be provided.
(19) 
A one-hundred-foot-wide buffer shall be provided for all areas determined to be environmental or ecological sensitive area. No building, pavement or other development other than supplemental landscaped plantings shall occur within this one-hundred-foot-wide buffer area.
(20) 
No development shall be permitted within any land area deemed to be environmentally sensitive based upon the findings of fact by the reviewing board as a result of its analysis and review of the submitted environmental impact statement.
(21) 
A specific affordable housing set-aside of 10% of all residential units created within this zone shall be made available to low- and moderate-income families in a methodology consistent with the rules of the New Jersey Council on Affordable Housing.
(22) 
The development shall be analyzed by the reviewing board for protection of and sensitivity toward existing visual sight lines and perspectives of existing dwellings, as well as aesthetic and architectural compatibility to surrounding land uses.
(23) 
Each dwelling unit in the townhouse development shall include, as required amenities, one marina slip and two off-street parking spaces, exclusive of any other slips or parking required by this section or proposed by the developer.
(24) 
No building lot line or structures, other than entrance gates, decorative walls, fences, decks or unroofed patios, shall be located within 20 feet of the water nor closer than 50 feet to any exterior boundary line of the tract nor closer than 50 feet to any primary access road or main thoroughfare. Adequate landscaping shall be provided in the above-defined area in accordance with the buffer requirements of this chapter.
(25) 
The project shall be designed to optimize the water view for the units and the public at large.
(26) 
Interior roads shall have a paved width of 24 feet for two-way traffic if no parking is allowed on said street and 30 feet if parallel parking is allowed on one side of the street.
(27) 
No habitable portion of any dwelling unit shall be lower than the outside finished grade. No depressed siting shall be permitted.
(28) 
Minimum setback distances from all private streets to be constructed and installed as part of the project shall be as follows:
(a) 
The setback of all buildings shall be 25 feet.
(b) 
For purposes of this subsection, the term "private street" shall mean any internal drive or parking area designed and installed as part of the project whose purpose is to provide access between buildings and parking facilities of the project. Streets providing ingress and egress to and from the project shall be dedicated to public use.
G. 
Regulations for marinas.
(1) 
All requirements of the U.S. Army Corps of Engineers, NJDEP, the U.S. Coast Guard and all other agencies of jurisdiction shall be met, and such compliance shall be documented to the municipal reviewing agency as a mandatory condition of a municipal approval.
(2) 
Marina docking or mooring slips of at least three different boat lengths and three different boat widths shall be provided.
(3) 
Within the marina development, one marina slip and two parking spaces shall be provided as mandatory amenities for each dwelling unit constructed.
(4) 
The marina development shall facilitate and encourage linear public access to riverfront areas within the overall marina project design, including both visual and physical public access.
(5) 
If a boat launch ramp is to be provided or included in the marina design, one boat trailer parking space 12 feet in width by 50 feet in length shall be provided on site for each two dockage or moorage slips created.
(6) 
Retail marina commercial usage shall occupy a maximum of 1,500 square foot gross floor area or a maximum 1% of the total residential gross floor area constructed, whichever is less.
(7) 
The marina facility shall not permit any aboveground storage tanks for fuel, oil, waste oil, kerosene, or any other flammable or combustible material. A maximum of 10,000 gallons of cumulative underground storage capacity shall be permitted for all types of products stored for any reason. All federal and state regulations for the construction, storage, piping, venting, dispensing, etc., of fuel supplies shall be documented to the reviewing board by the applicant.
(8) 
Boat slips for public rental, subject to the following conditions.
(a) 
All slips for public rental shall be owned by the homeowners' association or another single entity.
(b) 
If the entity which owns the rental slips is not the homeowners' association, said entity shall, as an express condition of site plan approval granted by the approving board, provide a declaration of restrictive and protective covenants in favor of the homeowners' association to provide that the property will be used exclusively for a marina and permitted related uses.
(c) 
Said required covenants shall be recorded in the Middlesex County Clerk's Office.
(d) 
Said required covenants shall run with the land and shall not be modified except by ordinance of the municipality.
(e) 
The homeowners' association or other owning entity shall provide for proper maintenance and trash collection on the marina property consistent with all ordinances of the Borough of Highland Park affecting public, quasi-public and private property.
(f) 
The covenants required under this section shall give the homeowners' association the right to enforce compliance with Subsection G(8)(e) above, and the right to obtain a lien upon the marina property for the cost incurred in enforcing the covenants and/or providing such corrective work as may be necessary to provide compliance.
(g) 
The required covenants shall also provide the homeowners' association a right of first refusal for any sale or condominium conversion of the marina property.
(9) 
Sublet slips shall be leased on a yearly basis only.
(10) 
The slips and marina can be sublet for management purposes for a period of up to 20 years.
(11) 
For each leased slip, there shall be provided 1.25 parking spaces exclusive of other parking requirements.
(12) 
Slips directly fronting on or within 50 feet of a condominium unit may not be leased to a second party.
(13) 
The publicly leased slips shall be sufficiently separated from the residential portion of the project so as to avoid public access to the private boat slips.
(14) 
Boats docked in slips may not be used as dwelling units.
(15) 
Storage of boats may be permitted in the leased slip parking area between the period of October 1 to May 15. Boats shall be removed by May 15 either by the owner of the boat or the management. The storage area must be fenced, screened and buffered from the residential area to the full satisfaction of the requirements for parking area screening and buffering as otherwise required in this chapter.
(16) 
No painting or sanding shall be permitted within 200 feet of a residential unit. No major engine work or overhauling of engines shall be permitted in the boat storage area. No rack storage system will be allowed to facilitate the storage of boats.
(17) 
Timing of construction. No building permit shall be issued until all locally approved marina slips required by § 230-138A and all other slips for which approval is sought are bonded in accordance with § 230-78A.
H. 
Parking.
(1) 
Off-street parking space with appropriate access thereto shall be provided on the same lot or tract it is intended to serve, in accordance with the following minimum standards.
(a) 
Townhouse dwelling: two off-street parking spaces per dwelling unit.
(b) 
Two-family planned dwelling: two off-street parking spaces per dwelling unit.
(c) 
Retail and service establishments: one parking space for each 300 square feet of gross floor area of the establishment.
(d) 
Leased marina slips: 1 1/4 parking spaces for each leased slip.
I. 
Permitted signs.
(1) 
All signs as specified in the RC Zone.
[Amended by Ord. No. 1269]
A. 
Purpose of RMT-H Zone. This residential district is established in order to achieve the general goals as stated in § 230-2 and for the following specific purposes:
(1) 
Encourage the preservation and enhancement of historic architecture;
(2) 
Promote a desirable visual environment through creative development techniques and goal design arrangements to ensure compatibility of all development in this zone with the historic nature of the area;
(3) 
Support the protection of areas and/or buildings of special character and unique historic and aesthetic value which may reflect elements of the cultural, social, economic and architectural history of the community;
(4) 
Preserve and enhance structures and locations which reflect the heritage of the community; maintain and develop harmonious settings for such structures and locations; and
(5) 
Promote the appreciation of landmark sites and structures for the education, pleasure and enrichment of the citizens of the Borough.
B. 
Permitted principal uses.
(1) 
Townhouse dwelling units.
(2) 
Two-family planned residential dwelling units as per the RC designation.
(3) 
Single-family residential dwelling units.
(4) 
Adoptive reuse of existing historic structures to be preserved.
(5) 
Mid-rise residential apartment structures (three to seven stories in height).
[Added 7-2-2013 by Ord. No. 13-1847]
(6) 
Office uses, including medical and dental, in existing structures which are deemed to be of a historical nature and/or architecturally significant.
[Added 7-2-2013 by Ord. No. 13-1847]
(7) 
Artist and/or photography studios and/or offices.
[Added 7-2-2013 by Ord. No. 13-1847]
C. 
Permitted accessory uses.
(1) 
Private garage space and parking area for the storage of motor vehicles.
(2) 
Private recreational facilities, such as but not limited to swimming pools, tennis courts and satellite dish antennas (receive only), provided these uses shall be noncommercial and that all lighting shall be directed away from adjacent lots.
(3) 
Greenhouses, toolsheds and other similar structures.
(4) 
Fences, walls and hedges.
D. 
Conditional uses.
(1) 
Public safety facilities and public utility facilities required to provide the direct service of the utility to the consumers, such as transformers and pumping stations, but excluding warehouses, service or storage and treatment yards and offices.
(2) 
Public parks and playgrounds.
E. 
Bulk regulations.
(1) 
The requirements for this district of lot area and width, yard dimensions, building coverage and height shall be listed in the bulk schedule contained in § 230-149 of the chapter.
(a) 
Townhouses: as regulated by the RMT-H Zone.
(b) 
Two-family dwellings: as regulated by the RC Zone, except that density regulations of RMT-H shall apply.
(c) 
Single-family dwellings: as regulated by the RA Zone, except that density regulations of RMT-H shall apply.
(d) 
Mid-rise buildings: as regulated by the RMT-H Zone.
[Added 7-2-2013 by Ord. No. 13-1847]
(e) 
Offices: as regulated by the RMT-H Zone.
[Added 7-2-2013 by Ord. No. 13-1847]
(f) 
Maximum floor area ratio for permitted offices and studios: .028.
[Added 7-2-2013 by Ord. No. 13-1847]
(2) 
Other RM-T bulk regulations:
[Amended 7-2-2013 by Ord. No. 13-1847]
(a) 
Minimum building setback from an exterior tract boundary: 25 feet.
(b) 
Minimum front yard setback: 100 feet.
(c) 
Minimum rear yard setback: 25 feet.
(d) 
Minimum distance between buildings: 30 feet between nonwindow walls and 55 feet between window walls.
(e) 
Minimum building setback from an interior street line: 25 feet. This requirement does not apply to mid-rise apartment structures.
F. 
Prohibited uses.
[Amended 7-2-2013 by Ord. No. 13-1847]
(1) 
All nonresidential uses not specifically permitted in the zone.
(2) 
All residential uses not specifically permitted in this zone.
G. 
Regulations for townhouses.
(1) 
Development application shall be made in full compliance with Articles VIII and IX of this chapter.
(2) 
The minimum width of any townhouse shall be 20 feet.
(3) 
No more than eight townhouse units shall constitute a townhouse row or attached row of units in one building.
(4) 
The townhouses shall be constructed in a staggered fashion so that the front wall of every two townhouse units is a minimum of four feet from the front building line of the two townhouse units on either side.
(5) 
Each townhouse unit shall have two means of entrance and exit separate and apart from that of any other unit.
(6) 
Each townhouse unit shall have two exterior walls with window access to light and air.
(7) 
Every dwelling unit shall have a suggested minimum gross floor area in accordance with the following:
(a) 
One-bedroom unit: 1,000 square feet.
(b) 
Two-bedroom unit: 1,250 square feet.
(c) 
Three-bedroom unit: 1,500 square feet.
(8) 
The following open space requirements shall be met:
(a) 
A minimum of 25% of the total site area shall be devoted to open space.
(b) 
At least an additional 10% of the total site area shall be developed as active and passive recreation facilities.
(c) 
Recreation areas may include but are not limited to swimming pools and related facilities, bicycle and walk paths, tennis courts or other appropriate facilities.
(d) 
For purposes of this provision, "open space," "open space area," and "recreation area" shall be exclusive of required front, side and rear yards, driveways, parking areas, loading or storage areas and shall be maintained exclusively for residents of the site. All required open space and recreation areas shall be fully contiguous and accessible to the residential development to which it serves.
(e) 
Such space shall not be located closer than 20 feet from a public street, interior road or driveway.
(9) 
A planted buffer area shall be provided along exterior lot lines. The buffer shall be a minimum width of 10 feet. Planting material shall be at least six feet in height at the time of planting.
(10) 
All areas not devoted to structures, parking areas, and other required uses shall be landscaped in accordance with an approved landscape plan. Wherever possible, natural features shall be preserved.
(11) 
Off-street parking spaces for units shall be provided in parking areas located within 50 feet of each dwelling unit. Parking areas, driveways and walkways shall be illuminated, screened and buffered with shade trees and evergreens.
(12) 
All streets, roads, driveways, and other public improvements shall be constructed and maintained in accordance with the chapter.
(13) 
All townhouse units shall be served by public water and sanitary sewer lines, the plans for which shall be approved by the Borough Engineer prior to the issuance of a building permit.
(14) 
All utilities necessary to serve the townhouse units shall be installed underground.
(15) 
Prior to approval of any application for a multifamily development in this zone, the applicant, through licensed professional expertise, shall submit an environmental impact statement, prepared in conformance with § 230-81 of this chapter, and shall additionally provide by mapping an outbound survey of all areas found to be environmentally or ecologically sensitive. Further, soil tests, based upon laboratory analysis of both test pits and test borings, shall be provided.
(16) 
[1]No development shall be permitted within any land area deemed to be environmentally sensitive, based upon the findings of fact by the reviewing board as a result of its analysis and review of the submitted environmental impact statement.
[1]
Editor’s Note: Former Subsection G(16), which pertained to a one-hundred-foot-wide buffer in environmentally or ecologically sensitive areas, was repealed 7-2-2013 by Ord. No. 13-1847. This ordinance also provided for the redesignation of former Subsection G(17) through (20) as Subsection G(16) through (19), respectively.
(17) 
A specific affordable housing set-aside of 10% of all residential units created within this zone shall be made available for low- and moderate-income families in a methodology consistent with the rules of the New Jersey Council on Affordable Housing.
(18) 
The maximum gross density of dwelling units in a townhouse development shall not exceed six units per acre for the total lot area.
(19) 
The maximum net density permitted shall not exceed eight dwelling units per acre of the proposed residential cluster.
H. 
Requirements for historic preservation sites: Reserved for future use.
I. 
Parking.
(1) 
Off-street parking space with appropriate access thereto shall be provided on the same lot or tract it is intended to serve, in accordance with the following minimum standards:
[Amended 7-2-2013 by Ord. No. 13-1847]
(a) 
For residential uses: parking standards as per New Jersey Residential Site Improvement Standards shall apply.
(b) 
For office uses: one parking space per 250 square feet of gross floor area.
(c) 
For medical and dental offices: one space per every 175 square feet of gross floor area or five spaces for each doctor or dentist, plus one additional space for each employee, whichever is greater.
J. 
Permitted signs.
(1) 
All signs as specified in the RA Zone.
(2) 
All signs as specified in the RM-G Zone.
(3) 
For mid-rise apartment complexes: one monument sign not to exceed an area of 25 square feet and not to exceed eight feet in height. The sign may be illuminated, but not internally. The sign must be set back from the right-of-way of public streets a minimum of 10 feet and from internal drives a minimum of five feet, unless existing topographic conditions prevent this. A reasonable distance must then be provided.
[Added 7-2-2013 by Ord. No. 13-1847]
(4) 
For mid-rise apartment complexes: two wall signs flanking the sides of the entrance road and not to exceed 30 square feet each; and not to exceed 2.5 feet in width; and not to exceed a mounting height of eight feet are permitted.
[Added 7-2-2013 by Ord. No. 13-1847]
K. 
Additional regulations for mid-rise residential apartment structures.
[Added 7-2-2013 by Ord. No. 13-1847]
(1) 
Density. The gross density permitted is 12 dwelling units per acre.
(2) 
Height. A building height of five stories or 60 feet is permitted.
(3) 
Development within steep slope areas is governed by § 230-122 of the Land Development Ordinance. Development within riparian buffers is governed by § 230-194. Development within stream corridors is governed by § 230-148.
(4) 
Specific affordable housing units set aside of 15% of all residential units is required. These units shall be developed in accordance with the rules of the New Jersey Council on Affordable Housing. They may be on site or off site.
(5) 
In accordance with New Jersey Council on Affordable Housing requirements, 100% of affordable housing units must be constructed and must obtain a full certificate of occupancy prior to 90% of the market rate units being constructed.
(6) 
Any affordable units constructed off site must receive preliminary and final site plan approval and must be developed in accordance with the Land Development Ordinance.
(7) 
The following open space requirements shall be met:
(a) 
A minimum of 25% of the total site area shall be devoted to open space.
(b) 
At least 3% of the total site area shall be developed as active and passive recreation facilities.
(c) 
Recreation areas may include but are not limited to swimming pools and related facilities, bicycle paths, tennis courts or other appropriate facilities. At least one walking path must be provided and connect with a path or paths in the Rutgers Ecological Preserve grounds to the north of this RMT-H Zone. Such paths must be open to the use of the general public.
(d) 
For purposes of this provision, "open space" shall be exclusive of required front, side and rear yards, driveways, parking areas, and loading or storage areas and shall be maintained exclusively for residents of the site with the exception of walking paths connecting to the Rutgers Ecological Preserve grounds.
(e) 
Required open space shall be deed restricted against development that is not considered either active or passive open space.
(8) 
A planted buffer area shall be provided along exterior lot lines. The buffer shall be a minimum width of 10 feet. Planting material shall be at least six feet in height at the time of planting. Where there are existing trees, only supplemental plantings where deemed necessary shall be required.
(9) 
All areas not devoted to structures, parking areas, and other required uses shall be landscaped in accordance with an approved landscape plan. Whenever possible, natural features shall be preserved.
[Added 10-2-2012 by Ord. No. 12-1840]
A. 
Permitted principal uses.
(1) 
Single-family residential dwelling units.
(2) 
Townhouse dwelling units.
(3) 
Stacked townhouse dwelling units.
B. 
Affordable housing. At least 5% of the total number of dwelling units shall be reserved for low- and moderate-income households as defined and regulated by the New Jersey Council on Affordable Housing or any duly authorized successor entity of the State of New Jersey.
C. 
Open space. A planned unit residential development shall contain at least 10,000 square feet of open space, intended for use for passive or active recreation, appurtenant to the dwelling units.
D. 
Permitted accessory uses.
(1) 
Private garages and parking areas.
(2) 
Private passive or active recreational facilities.
(3) 
Fences, walls and hedges.
(4) 
Other accessory uses and structures normally considered appurtenant to planned unit developments or single-family dwelling units, townhouses, and stacked townhouses.
E. 
Prohibited uses. Any principal uses, including commercial uses, not specifically listed as permitted principal uses shall be prohibited.
F. 
Bulk and other regulations.
(1) 
Single-family detached dwelling units shall conform to the standards of the RA Zone, except that, for lots having a minimum width of 60 feet and a minimum area of 6,000 square feet, the following standards shall supersede the RA Zone standards:
(a) 
Maximum lot (building) coverage: 40%.
(b) 
Maximum impervious coverage: 50%.
(c) 
Minimum setback for patios and attached decks: 10 feet from side or rear property lines.
(2) 
Townhouses and stacked townhouses shall conform to the following standards:
(a) 
Minimum setback to exterior tract boundary: 35 feet.
(b) 
Minimum building façade separations:
[1] 
Front to front: 64 feet.
[2] 
Rear to rear: 38 feet.
[3] 
Side to side: 25 feet.
[4] 
Other orientations: 25 feet.
(c) 
Minimum building setback to parking areas and roadways: 10 feet.
(d) 
Maximum building height: 48 feet.
[1] 
Townhouses: 35 feet (2 1/2 stories);
[2] 
Stacked townhouses: 48 feet (three stories).
(e) 
Maximum lot (building) coverage: 35% of the tract area, excluding acreage in single-family lots.
(f) 
Maximum impervious coverage: 55% of the tract area, excluding acreage in single-family lots.
(g) 
Maximum number of attached dwelling units in a townhouse row: 10. (The second unit in a stacked townhouse design is not to be counted in the maximum row limit.)
G. 
Parking. Parking shall be required in accordance with the Residential Site Improvement Standards[1] and shall be permitted on access drives in accordance with the dimensional standards thereof.
[1]
Editor's Note: See N.J.A.C. 5:21-1.1 et seq.
H. 
Permitted signs. Signs shall be permitted in accordance with the RM-G Zone, except that the one freestanding identification sign shall be permitted to have exterior illumination, provided that a minimum distance of 100 square feet shall separate any illuminated sign from any existing residential property.
I. 
Inapplicability of other standards.
(1) 
Where single-family dwellings on separate lots are proposed as part of a planned unit residential development, no buffers to existing residences on properties abutting the PURD-1 Zone shall be required.
(2) 
The provisions of § 230-122.1, concerning attached garages, shall not apply to attached garages in the PURD-1 Zone.
J. 
Findings for development in the PURD-1 Zone. Prior to approval of any development in the PURD-1 Zone, the Planning Board shall make the following findings of fact and conclusions:
(1) 
That departures by the proposed development from zoning regulations otherwise applicable to the subject property conform to the zoning ordinance standards pursuant to the Municipal Land Use Law;[2]
[2]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
(2) 
That the proposals for maintenance and conservation of the common open space are reliable, and that the amount, location and purpose of the common open space are adequate;
(3) 
That provisions, through the physical design of the proposed development, for public services, control over vehicular and pedestrian traffic, and the amenities of light and air, recreation and visual enjoyment are adequate;
(4) 
That the proposed planned development will not have an unreasonably adverse impact upon the area in which it is proposed to be established;
(5) 
In the case of a proposed development that contemplates construction over a period of years, that the terms and conditions intended to protect the interests of the public and of the residents, occupants and owners of the proposed development in the total completion of the development are adequate.
K. 
Steep slope disturbance. In acknowledgment of the prior disturbance of the PURD-1 Zone, the steep slope provisions of § 230-122 shall not apply. However, clearance of mature trees within 15 feet of the common property line between the planned unit residential development and the existing residential lots fronting on Cleveland Avenue shall be prohibited unless clearance shall impede the grading, utilities or construction of the proposed homes or unless specifically authorized by the Planning Board. Otherwise, unlimited disturbance of steep slopes (10% or greater) shall be permitted, provided that the applicant can reasonably demonstrate to the reviewing body the following:
(1) 
The proposed excavation, removal, depositing or disturbance of soil will be executed in a manner that will not cause significant erosion or other unstable conditions.
(2) 
Provisions shall be made for the proper disposition of surface water runoff so that it will not create unstable conditions. Appropriate storm drainage facilities shall be constructed as deemed necessary, and adequate protective measures shall be provided for downstream properties both during and after construction.
(3) 
Provisions shall be made for any structures or protective measures that may be required for the protection of the public safety, including, but not limited to, retaining walls, headwalls and fences.
(4) 
Proper facilities have been or will be provided for a safe water supply and for the disposal of sanitary sewage.
(5) 
Any proposed building or structure or attendant protective measures will not impede the flow of surface water through any stream corridor or cause an increase in flood heights or velocities.
(6) 
Provisions shall be made for the proper disposal of surface water runoff so that the proposed alteration will not create any unstable conditions.
(7) 
Roadways, drives and parking areas shall be designed so that any land disturbance will not cause significant erosion.
(8) 
Degradation of water resources shall be avoided through the implementation of best management practices as defined by the New Jersey Department of Environmental Protection.
(9) 
Areas disturbed during construction shall be reestablished with proper vegetation to reduce erosion and water quality impairment.
[Added 12-16-2014 by Ord. No. 14-1877]
A. 
Permitted principal uses.
(1) 
Townhouse dwelling units.
(2) 
Stacked townhouse dwelling units.
(3) 
Multifamily dwellings.
B. 
Site yield and affordable housing. The PURD-2 Zone shall include: up to 104 market units and six affordable units if all of the housing is initially offered for sale; or up to 95 market units and five affordable units if some or all of the housing is initially offered for rent. In any case, there shall be a five-percent set-aside for affordable housing. The decision to offer market units and affordable units for sale or for rent is the developer's decision alone. The developer shall have the right to construct one model building prior to completing infrastructure improvements. If the developer secures approvals to develop the project as a for-sale project and decides to rent units, the developer will still develop the site in accordance with its prior approvals for the for-sale project. The sales or rentals of the affordable units must be in accordance with the applicable New Jersey Council on Affordable Housing regulations or, in the absence of such regulations, in accordance with such standards that render all the affordable units creditworthy against the Borough's affordable housing obligations. The affordable housing units shall be shall be:
(1) 
Compatible in appearance with the market housing units; and
(2) 
Distributed as shown on the concept plan.
C. 
Open space. There shall be at least 10,000 square feet of open space on site intended for use and reasonably accessible and usable for as passive or active recreation. Bikeways may be provided at the sole discretion of the developer.
D. 
Permitted accessory uses.
(1) 
Private garages and parking areas.
(2) 
Private passive or active recreational facilities, including a club house, provided that a clubhouse is exempt from the six-hundred-square-foot area and fifteen-foot height restriction imposed by § 230-91 of this chapter. A clubhouse shall not exceed 25 feet in height.
(3) 
Fences, walls and hedges.
(4) 
Stormwater structures and facilities.
(5) 
Refuse and recycling areas.
(6) 
Sales and construction temporary trailers.
(7) 
Temporary marketing signs as per § 230-115 of this chapter.
(8) 
Other accessory uses and structures normally considered incidental to townhouse, stacked townhouse and multifamily dwellings.
E. 
Prohibited uses. Any principal uses, including commercial uses, not specifically listed as a permitted use shall be prohibited.
F. 
Bulk and other regulations. The regulations setting forth the intensity and density of development within the PURD-2 Zone shall apply to the entirety of the original parcel and not individual lots created by subdivision.
(1) 
Minimum setbacks shall be measured from the exterior tract boundary.
(a) 
Cleveland Avenue frontage: 20 feet.
(b) 
Janeway Avenue frontage: 20 feet.
(c) 
Side yard adjacent to a residential zone: 15 feet.
(d) 
Side yard adjacent to nonresidential use: 10 feet.
(e) 
Rear yard setback: 10 feet.
(2) 
Minimum building setback from parking areas: five feet.
(3) 
Minimum building setback from interior site roadways: 10 feet.
(4) 
Maximum building height: three stories (no more than 48 feet).
(5) 
Maximum lot (building) coverage: 35%.
(6) 
Maximum impervious coverage: 70%.
(7) 
Minimum distance between buildings: 30 feet.
(8) 
Front steps/porches/front landings are allowed in the setback.
(9) 
Buffer plantings and six-foot-high fencing shall be provided adjacent to nonresidential zones and along the perimeter with the railroad. The board reserves the right to prohibit fencing facing any street.
(10) 
In areas between buildings where window walls are less than 55 feet, privacy must be ensured as practicable.
G. 
Parking. Parking shall be required in accordance with the Residential Site Improvement Standards and shall be permitted on access drives in accordance with the dimensional standards thereof.
H. 
Permitted signs. Signs shall be permitted in accordance with the RM-G Zone except that the one freestanding identification sign shall be permitted to have exterior illumination, provided that a minimum distance of 100 feet shall separate any illuminated sign from an existing residential property. Any sign illumination shall be directed downward (or shielded to minimize upward light pollution) and projected primarily on the sign. The sign shall be set back a minimum of 10 feet from the ROW.
I. 
Inapplicability of other standards.
(1) 
No buffers to existing and/or proposed residences shall be required for the townhouse dwellings on separate lots in the PURD-2 Zone.
(2) 
The provisions of § 230-122.1 concerning attached garages shall not apply to attached garages in the PURD-2 Zone.
J. 
Steep slope disturbance. In acknowledgement of the prior disturbance of the PURD-2 Zone, the steep slope provisions of § 230-122 shall not apply, provided that the applicant can reasonably demonstrate to the reviewing body's engineer the following. It is the intent of this section that the reviewing body's engineer can make its findings administratively.
(1) 
Proposed excavation, removal, depositing or disturbance of soil will be executed in a manner that will not cause significant erosion or other unstable conditions.
(2) 
Provision shall be made for the proper disposition of surface water runoff so that it will not create unstable conditions. Appropriate storm drainage facilities shall be constructed as deemed necessary, and adequate protective measures shall be provided for downstream properties both during and after construction.
(3) 
Provision shall be made for any structures or protective measures that may be required for the protection of the public safety, including but not limited to retaining walls, headwalls and fences.
(4) 
Proper facilities have been or will be provided for a safe water supply and for the disposal of sanitary sewage.
(5) 
Any proposed building or structure or attendant protective measures will not impede the flow of surface waters through any stream corridor or cause an increase in flood heights or velocities.
(6) 
Provisions shall be made for the proper disposal of surface water runoff, so that the proposed alteration will not create any unstable conditions.
(7) 
Roadways, drives and parking areas shall be designed such that any land disturbance will not cause significant erosion.
(8) 
Degradation to water resources shall be avoided through the implementation of best management practices as defined by the NJDEP.
(9) 
Areas disturbed during construction shall be reestablished with proper vegetation to reduce erosion and water quality impairment.
K. 
Tree replacement. Development within the PURD-2 Zone shall comply with the Highland Park Tree Removal and Protection Ordinance (Chapter 388 of the Code).
L. 
Retaining walls. Retaining walls in the PURD-2 Zone shall be exempt from the setback and height limitations imposed by § 230-100 of this chapter, provided that retaining walls shall not be located within the public right-of-way, a site triangle or within utility easements. A geo-grid support system, however, may extend up to 10 feet into the Janeway Avenue sewer easement, provided that said system does not interfere with use and maintenance of sewer lines within said easement.
M. 
Environmental impacts. Development within the PURD-2 Zone is exempt from the requirement to prepare an environmental impact assessment and its required buffers, pursuant to § 230-81 of this chapter. Development within the PURD-2 Zone is exempt from municipal regulations that provide more stringent standards than those imposed by the New Jersey Department of Environment Protection's regulations.
N. 
Essential and nonseverable condition. All approvals pursuant to this ordinance shall be subject to an essential and nonseverable condition that the developer shall fully comply with the settlement agreement, dated November 12, 2014.
O. 
Conflicts with ordinance. If there are conflicts between the Highland Park Land Development Ordinance and the standards for the PURD-2 Zone, the standards for the PURD-2 Zone shall apply. If there are conflicts between the Highland Park Land Development Ordinance and the New Jersey Residential Site Improvement Standards (RSIS), the RSIS shall apply.
[Amended by Ord. No. 1228; Ord. No. 1269, Ord. No. 1292; Ord. No. 1441; Ord. No. 1509; Ord. No. 1569, Ord. No. 1588; Ord. No. 1609]
A. 
Purpose of commercial districts. Commercial districts are established in order to achieve the general goals as stated in § 230-2 and for the following specific purposes:
(1) 
Encourage the tendency of commercial activity to the mutual advantage of both customers and merchants and thereby promote public convenience and prosperity.
(2) 
Promote the creation of a pedestrian-oriented commercial environment which encourages maximum pedestrian activity.
(3) 
Control vehicular intrusion into the Central Business District to only designated street rights-of-way, and limit vehicular intrusion into pedestrian space by restricting vehicular curb cuts across sidewalk areas to the minimum extent possible.
(4) 
Encourage a maximization of off-street parking facilities to service the commercial activity.
(5) 
Promote aesthetically and visually harmonious development throughout the Central Business District.
B. 
Permitted principal uses.
(1) 
Retail businesses.
(2) 
Personal service establishments.
(3) 
Banks and financial institutions on second floor or above.
(4) 
Food consumption establishments (except drive-in and/or fast-food restaurants).
[Amended 2-15-2011 by Ord. No. 11-1803]
(5) 
Package stores and taverns.
(6) 
Artist studios and artistic instruction space are permitted as principal uses on all floors except for the ground, street-level floor.
(7) 
Outdoor cafes including temporary outdoor dining on the public sidewalk, provided said outdoor dining does not inhibit pedestrian traffic.
[Added 5-18-2010 by Ord. No. 10-1780]
(8) 
Public assembly facilities and spaces, including but not limited to theaters and cinemas, where the use is integrated into a mixed-use building with retail frontage along an arterial road.
[Added 5-18-2010 by Ord. No. 10-1780]
(9) 
Carry-out restaurants are permitted uses so long as they provide a trash container that is the same as the trash containers used in the CBD Zone's streetscape. All carry-out restaurants shall be responsible for cleaning in front of the restaurant, as well as cleaning up all trash attributable to its product(s) within a reasonable distance of the restaurant.
[Added 2-15-2011 by Ord. No. 11-1803]
C. 
Permitted accessory uses.
(1) 
Off-street parking spaces.
(2) 
Off-street loading spaces.
(3) 
Business, professional and governmental offices located above commercial uses, not occupying the ground floor.
(4) 
Residential uses shall be permitted only on the second floor and above and may be located on the same floor with other permitted uses.
(5) 
Fences, walls and hedges.
(6) 
Satellite dish antenna (receive only).
(7) 
Outdoor cafes.
(8) 
Sidewalk displays.
(9) 
Artist studios and artistic instruction space are permitted accessory uses to art galleries, art supplies stores and other arts-related retail uses, provided they do not occupy more than 33% of the total area of the ground floor, and provided that all windows facing Raritan Avenue or any side street are maintained with a retail display focus.
D. 
Conditional uses.
(1) 
Public utility facilities required to provide the direct service of the utility to the consumers, such as transformers and pumping stations, but excluding warehouses, service or storage and treatment yards.
E. 
Bulk regulations.
(1) 
The requirements of this district of lot area and width, yard dimensions, building coverage and height shall be listed in the bulk schedule contained in § 230-149 of this chapter for the CBD Zone.
F. 
Prohibited uses.
(1) 
Used and new automobile and truck dealerships and rental agencies therein.
(2) 
Fast-food and drive-in restaurants.
(3) 
Any industrial process, manufacture, assembly or treatment.
(4) 
Automobile service stations, repair shops and car washes.
(5) 
Lumber, fuel and building material storage works and lawn and garden shops.
(6) 
Wholesale laundries, dyeing and cleaning works.
(7) 
Arcades and amusement centers where more than 10% of the retail floor area of the business is occupied by any of the following, exclusively or combined: pool table, pinball, electronic games and/or other amusement machines or devices of any kind. This prohibition includes but is not limited to machines and/or devices requiring electric current to be operable. Nothing herein shall be construed to bar the installation of the aforesaid games and amusements in a retail business establishment otherwise unrelated to the operation of such device.
(8) 
Any process or storage use that may be noxious or injurious by reason of the production or emission of dust, smoke, refuse matter, gas fumes, noise, vibration or similar substances or conditions is specifically prohibited.
(9) 
Billboards or signs painted or mounted upon the exterior side or rear walls of any principal or accessory building or structure, except as permitted under Subsection I(4), and/or freestanding signs.
(10) 
All residential, service, commercial or industrial uses not specifically permitted in this zone.
(11) 
Drive-in or drive-through features for restaurants, banks or any other food, personal service or business establishment.
(12) 
Adult bookstores and amusement facilities.
(13) 
Any exterior storage of goods or materials.
G. 
Off-street parking and loading.
(1) 
Parking and loading requirements.
(a) 
Public and private parking lots are permitted.
(b) 
Off-street loading berths for all retail and commercial establishments having a gross floor area in excess of 10,000 square feet: one loading space for every 10,000 square feet or fraction thereof of gross floor area.
(c) 
Parking requirements may be met in the CBD Zone through a shared parking arrangement between compatible uses. The off-site parking shall be located within two blocks of the subject property. Documentation shall be provided to support the feasibility of shared parking, including an analysis of the uses sharing the parking and the peak usage periods for each, hours of operation of uses proposed to share the parking, and lot capacity (number of spaces). A written contractual arrangement shall be secured for a minimum three-year period, with a renewable option between parties.
(d) 
Central Business District parking requirements:
Use
Parking Requirement
Residential uses
*
Permitted businesses/personal services
1/450 square feet gross floor area
Restaurants
1 per 3 seats
Banks
1/350 square feet gross floor area
Medical offices
1/250 square feet gross floor area
Retail uses
1/500 square feet gross floor area
Artist studio
1/1,000 square feet gross floor area
Artistic instruction space
1/450 square feet gross floor area
* New Jersey Residential Site Improvement Standards do not specifically address parking requirements for residential units in mixed-use buildings in a downtown with transit and pedestrian facilities. A waiver of the RSIS standards may be warranted based on downtown conditions.
(2) 
Calculation of parking requirements:
(a) 
The construction of new buildings in the CBD Zone shall meet the parking requirements set forth in the table provided in Subsection G(1)(d).
(b) 
If there is a change in building occupancy (tenancy), but not use [as defined by use categories in Subsection G(1)(d)], and no physical expansion, additional parking above what is already provided (on site, off site, or through a shared parking agreement) is not required.
(c) 
If an expansion is proposed on an existing building with no change of use, then the additional parking requirement generated by the expansion is calculated on the square footage of the expansion only.
(d) 
If there is a change in building occupancy and use (but not physical expansion), then the parking requirement is computed based on the difference between the parking required for the existing (prior) use versus the parking required for the new (proposed) use, provided there shall be no reduction in the amount of any existing on-site or designated off-site parking.
(e) 
If an expansion is proposed on an existing building in conjunction with a change of use, parking requirements are calculated as follows:
[1] 
The difference in parking requirements between the two uses (existing/prior and proposed) is calculated for the existing structure using the standards in Subsection G(1)(d).
[2] 
The parking is calculated for the area of the addition based on the proposed use.
[3] 
The sum of Subsection G(2)(e)[1] and [2] is the parking requirement for the total structure, provided there shall be no reduction in the amount of any on-site or designated off-site parking that served the existing or prior use.
H. 
Additional regulations.
(1) 
Where a nonresidential use is contiguous to a residential use or zone, there shall be a landscaped buffer strip along the perimeter of the property where it is contiguous to such residential property or zone. Such buffer strip shall be at least 10 feet in depth, measured from the residential property line. The ten-foot width of the buffer strip shall be used as a planting strip, on which shall be placed a fence and plant material (trees, shrubs, plants) a minimum of six feet in height. At least 50% of all planted materials shall be of evergreen species.
(2) 
The reviewing board, when analyzing Central Business District development applications, shall require the applicant to make a reasonable effort to provide harmonious architectural interrelationship of the front facade and signage of the application site consonant with the front facade and signage of the existing structures on either side of the application site. This shall be accomplished by architectural renderings, comparative photographs, etc.
(3) 
All elevators included in any project within this zone shall provide adequate width and length within the elevator car and shall provide adequate elevator door width for use by any and all stretchers and such other victim transport utensils or other devices used by the Highland Park emergency services agencies.
I. 
Permitted signs.
(1) 
Front facade.
[Amended 3-15-2011 by Ord. No. 11-1806]
(a) 
A building having a front facade of 240 square feet or less may have a maximum of two signs, a primary sign and a secondary sign, as follows:
[1] 
The primary sign shall consist of one of the following:
[a] 
A wall-mounted sign with an area not to exceed 24 square feet, or 10% of the front facade, whichever is less.
[b] 
A window sign with an area not to exceed 20 square feet, or 25% of the window area, whichever is less.
[c] 
A projecting sign with an area between six square feet and 12 square feet.
[d] 
An awning sign with an area not to exceed 10 square feet, and the height of lettering, numbers or graphics not to exceed eight inches.
[2] 
The secondary sign shall be a different type of sign from the primary sign, and shall consist of one of the following:
[a] 
A wall-mounted sign with an area not to exceed 12 square feet.
[b] 
A window sign with an area not to exceed 12 square feet, or 15% of the window area, whichever is less.
[c] 
A projecting sign with an area not to exceed eight square feet.
[d] 
An awning sign with an area not to exceed five square feet, and the height of lettering, numbers or graphics not to exceed four inches.
(b) 
A building having a front facade greater than 240 square feet may have a maximum of three signs, a primary sign, a secondary sign and a tertiary sign as follows:
[1] 
The primary sign shall consist of one of the following:
[a] 
A wall-mounted sign with an area not to exceed 24 square feet, or 10% of the front facade, whichever is less.
[b] 
A window sign with an area not to exceed 20 square feet, or 25% of the window area, whichever is less.
[c] 
A projecting sign with an area between six square feet and 12 square feet.
[d] 
An awning sign with an area not to exceed 10 square feet, and the height of lettering, numbers or graphics not to exceed eight inches.
[2] 
The secondary sign shall be a different type of sign from the primary sign, and shall consist of one of the following:
[a] 
A wall-mounted sign with an area not to exceed 12 square feet.
[b] 
A window sign with an area not to exceed 12 square feet, or 15% of the window area, whichever is less.
[c] 
A projecting sign with an area not to exceed eight square feet.
[d] 
An awning sign with an area not to exceed five square feet, and the height of lettering, numbers or graphics not to exceed four inches.
[3] 
The tertiary sign shall be a different type of sign from the primary sign and the secondary sign, and shall consist of one of the following:
[a] 
A wall-mounted sign with an area not to exceed eight square feet.
[b] 
A window sign with an area not to exceed eight square feet, or 10% of the window area, whichever is less.
[c] 
A projecting sign with an area not to exceed six square feet.
[d] 
An awning sign with an area not to exceed four square feet, and the height of lettering, numbers or graphics not to exceed four inches.
(2) 
Barber poles located at barbershops. Traditional barber poles which revolve are permitted.
(3) 
Wall-mounted signs, provided the following standards are met: (Note: See Illustration Nos. 1, 2 and 3 for examples.[1])
[Amended 3-15-2011 by Ord. No. 11-1806]
(a) 
The area of a wall-mounted sign shall not exceed:
[1] 
For primary signs, 24 square feet, or 10% of the front facade, whichever is less.
[2] 
For secondary signs, 12 square feet.
[3] 
For tertiary signs, eight square feet.
(b) 
The height of a wall-mounted sign shall not exceed 15 feet.
(c) 
The height of the lettering, numbers or graphics shall not exceed 3/4 of the height of the sign, up to a maximum of 12 inches. The lettering, numbers or graphics shall not fill more than 60% of the total area of the sign.
(d) 
A wall-mounted sign shall not project more than six inches from the wall and may not extend above the roof parapet or eave of the building.
(e) 
The following locations are recommended:
[1] 
Single-story commercial buildings: the parapet wall above the glass storefront.
[2] 
Multi-story commercial buildings: the wall above the glass storefront but below the window sills on the second floor. If there are projecting cornices or beltlines separating the first and second stories, the wall-mounted sign should be placed below them.
[3] 
Converted residences: next to the first floor doorway or window, below any porch, added mansard or pent roof between the first and second floors.
(f) 
Limited to one sign per business.
[1]
Editor's Note: Said illustrations are on file in the Borough offices.
(4) 
Applied letters may substitute for wall-mounted signs. The height of applied letters shall not exceed 12 inches. This subsection shall not apply to upper-story businesses.
[Amended 3-15-2011 by Ord. No. 11-1806]
(5) 
Projecting signs, including blade, graphic or icon signs, if mounted perpendicular to the building wall, and provided the following standards are met: (Note: See Illustration Nos. 2 and 5 for examples.[2])
[Amended 3-15-2011 by Ord. No. 11-1806]
(a) 
The signboard shall not exceed an area of 12 square feet for primary signs, eight square feet for secondary signs and six square feet for tertiary signs, as set forth in Subsection I(1) above.
(b) 
For signs located on the ground floor, the distance from the ground to the lower edge of the signboard shall be eight feet or greater.
(c) 
The height of the top edge of a signboard located on the ground floor shall not exceed the height of the wall from which the sign projects, if attached to a single-story building, or the height of the sill or bottom of any second story window, if attached to a multistory building. The height of the top edge of a signboard located on an upper-level of a multistory building shall not exceed the height of the building.
(d) 
The distance from the building wall to the signboard shall not exceed six inches.
(e) 
The width of the signboard shall not exceed three feet.
(f) 
The height of the lettering, numbers or graphics shall not exceed 12 inches.
(g) 
Limited to one sign per business.
[2]
Editor's Note: Said illustrations are on file in the Borough offices.
(6) 
Painted, silkscreened, illuminated or neon window [or door] signs, provided the following standards are met: (Note: See Illustration Nos. 1 and 4 for examples.[3])
[Amended 3-15-2011 by Ord. No. 11-1806]
(a) 
The area of a painted, silkscreened or illuminated window sign shall not exceed:
[1] 
For primary signs, 20 square feet, or 25% of the window area, whichever is less.
[2] 
For secondary signs, 12 square feet, or 15% of the window area, whichever is less.
[3] 
For tertiary signs, eight square feet, or 10% of the window area, whichever is less.
(b) 
The area of a neon window sign shall not exceed six square feet.
(c) 
The sign shall be silkscreened, hand-painted on or, if illuminated or neon, affixed to the interior of the window.
(d) 
Limited to one sign per business.
(e) 
The height of the lettering, numbers or graphics shall not exceed eight inches.
[3]
Editor's Note: Said illustrations are on file in the Borough offices.
(7) 
Awning signs for ground floor uses only, provided the following standards are met: (Note: See Illustration Nos. 3, 4 and 5 for examples.[4])
[Amended 3-15-2011 by Ord. No. 11-1806]
(a) 
If acting as the primary business sign, it shall not exceed 10 square feet in area, and the height of the lettering, numbers or graphics shall not exceed eight inches.
(b) 
If acting as a secondary business sign, it shall not exceed five square feet in area, and the height of the lettering, numbers or graphics shall not exceed four inches.
(c) 
If acting as a tertiary business sign, it shall not exceed four square feet in area, and the height of the lettering, numbers or graphics shall not exceed four inches.
(d) 
Limited to one sign per business.
(e) 
The lettering, numbers or graphics shall be located on the valance only.
(f) 
Awning signs shall be lit from above with hanging features. Such signs shall not be illuminated from underneath the awning.
(g) 
Straight roll-up and straight fixed styles shall be permitted. Rounded and barrel-vaulted awnings are not permitted.
(h) 
Awnings shall be made of canvas, Sunbrella® dyed acrylic fabrics or similar material with a solid or striped pattern. Vinyl-coated awnings shall not be permitted.
(i) 
Awnings shall be a minimum of eight feet from the ground and shall not extend more than four feet outward from the building surface. Such signs shall not conceal the architectural features of the building.
[4]
Editor's Note: Said illustrations are on file in the Borough offices.
(8) 
Upper story business uses.
[Amended 3-15-2011 by Ord. No. 11-1806]
(a) 
One wall-mounted directory sign located next to the front entrance, with each tenant limited to one square foot in area, and a total area not exceeding six square feet.
(b) 
If only one business is located on the upper stories of a building and there exists no entrance to that business on the front of the building, that business shall be permitted one sign that, except for height and area, conforms with the provisions of Subsection I(3) or (6) above. The height of any such sign shall not extend above the building. The area of any such sign shall not exceed of an area equal to 5% of the upper story building façade or 16 square feet, whichever is less.
(c) 
One wall-mounted sign naming the building located on the front facade of the building with a total area not exceeding eight square feet.
(d) 
One additional projecting sign shall be permitted on the second story of a building with an upper-story business. The projecting sign shall conform with the provisions of Subsection I(5) above, except that the area of any such sign shall not exceed eight square feet. If two or more businesses are located on the second story of a building, only one projecting sign shall be permitted on a "first come, first serve" basis. No projecting signs will be permitted above the second story of any building.
(9) 
In addition to other signage, restaurants and cafes shall be permitted the following signs:
[Amended 3-15-2011 by Ord. No. 11-1806]
(a) 
A wall-mounted display featuring the actual menu as used at the dining table, to be contained within a shallow wood or metal case, and clearly visible through a glass front. The display case shall be attached to the building wall, next to the main entrance, at a height of approximately five feet, shall not exceed a total area of two square feet, and may be lighted.
(b) 
A sandwich board sign, as follows:
[1] 
The area of the signboard, single-sided, shall not exceed four square feet.
[2] 
The signboard shall be constructed of wood, chalkboard and/or finished metal.
[3] 
Letters can be painted or handwritten. Individual changeable letters shall not be permitted.
[4] 
The sign shall be located within five feet of the main entrance to the business and its location shall not interfere with pedestrian or vehicular circulation.
[5] 
The information displayed shall be limited to daily specials and hours of operation.
[6] 
The sign shall be removed at the end of the business day and stored inside the restaurant or cafe.
(10) 
Businesses with service entrances may identify each service area with one sign not exceeding one square foot.
(11) 
Businesses with other visible facades. Businesses in a building with a finished facade, other than the front façade, that is visible to the public (such as a facade that faces a driveway, walkway or parking lot) shall be permitted one additional sign on the finished facade, except where facing or adjourning a residential use or zone. The area of any such sign shall not exceed 12 square feet. Businesses in a building located on a corner lot shall be considered to have another front facade, and shall be entitled to additional signage based upon that façade in accordance with the provisions of Subsection I(1) above.
[Added 3-15-2011 by Ord. No. 11-1806[5]]
[5]
Editor's Note: This ordinance also provided for the redesignation of former Subsection I(11) as Subsection I(15).
(12) 
Businesses without an entrance on the front façade of the building shall be permitted one primary sign at the business's side or rear entrance where not facing or adjourning a residential use or zone, and one secondary sign on the front facade of the building, provided that both signs conform with the provisions of Subsection I(1) above.
[Added 3-15-2011 by Ord. No. 11-1806]
(13) 
Design guidelines. Signs erected in the Central Business District should conform to the following design guidelines, which are overall principles to be used in the design of signs.
[Added 3-15-2011 by Ord. No. 11-1806]
(a) 
Signs should be located at or near the public entrance of a building.
(b) 
Signs may provide the following types of information:
[1] 
The name of the business;
[2] 
The nature of the business or service conducted on premises;
[3] 
The street number of the premises; and
[4] 
The year the business was established.
(c) 
Signs should not include the telephone number, email address or website of the business.
(d) 
Signs may include business logos, symbols or images to assist in conveying the type of business or service conducted on premises.
(e) 
The typeface used for the wording of signs should convey the character of the establishment and the era of the building.
(f) 
Signs should strengthen the architectural diversity of the buildings in the Central Business District. Signs that obscure or ignore a building's architecture should be avoided. Signs should not cover, obscure or be inharmonious with existing architectural features and proportions.
(g) 
Signs should be integrated with the architecture of a building in terms of form, materials and size.
(h) 
Signs should be appropriate for the era in which the building was constructed.
(i) 
Signs should not alter the way in which a building functions. Signs should not block light into a building.
(j) 
Designers should strive for creativity in the form and variety of signage within the size limitations set forth in this subsection.
(14) 
The Planning Board may form a subcommittee, known as the Design Review Committee, to assist business owners with the application of this section.
[Added 3-15-2011 by Ord. No. 11-1806]
(15) 
The following schedule summarizes the matrix form how different types of signs can be associated. If there is any conflict between the written provisions of this chapter pertaining to signs and the matrices, the written provisions shall control.[6]
[6]
Editor's Note: The matrix is included at the end of this chapter.
[Amended by Ord. No. 1269; Ord. No. 1292; Ord. No. 1141; Ord. No. 1509; Ord. No. 1569]
The following regulations shall apply in the C Commercial Zone:
A. 
Purpose of commercial zone. Commercial districts are established in order to achieve the general goals as stated in § 230-2 and for the following specific purposes:
(1) 
Encourage the tendency of commercial development to cluster to the mutual advantage of both customers and merchants and thus to promote public convenience, prosperity and welfare.
(2) 
To protect commercial development against the establishment of uses which would create hazards, offensive noise, vibrations, smoke, dust, odors, heat, glare and other objectionable influences.
(3) 
To protect commercial development against congestion as far as is possible and appropriate in each area by limiting the bulk of buildings in relation to the land around them and to one another.
B. 
Permitted principal uses.
(1) 
All uses permitted in § 230-140B for the CBD Zone, with the exception of carry-out restaurants.
[Added 2-15-2011 by Ord. No. 11-1803]
(2) 
Restaurants.
(3) 
Lawn and garden shops.
(4) 
Professional offices.
(5) 
Medical and radiologic laboratories.
(6) 
Computer or electronic services or rental.
(7) 
Retail integrated developments of such uses as retail stores and shops, personal service establishments, professional and business offices, banks and restaurants housed in an enclosed building or buildings and utilizing such common facilities as customer parking areas, pedestrian walks, truck loading and unloading space, utilities and sanitary facilities and other necessary and appropriate uses, subject to and in conformance with the regulations specified herein.
C. 
Permitted accessory uses.
(1) 
Off-street parking spaces, parking garages and off-street loading areas.
(2) 
Enclosed storage of goods incidental to the conduct of the retail business not exceeding 10% gross lot area and not exceeding maximum impervious coverage requirement of this zone.
(3) 
Fences, walls and hedges.
(4) 
Satellite dish antenna (receive only).
D. 
Conditional uses.
(1) 
Public utility facilities required to provide the direct service of the utility to the consumers, such as transformers and pumping stations, but excluding warehouses, service or storage and treatment yards.
(2) 
Automobile service and repair garages, gas stations.
(3) 
Fraternal, charitable and philanthropic institutions.
(4) 
New and used car/truck dealerships, sales and service.
(5) 
Drive-in banks.
E. 
Bulk regulations.
(1) 
The requirements of this district of lot area and width, yard dimensions, building coverage and height shall be listed in the bulk schedule contained in § 230-149 of this chapter for the C Zone.
F. 
Prohibited uses.
(1) 
All residential, service, commercial or industrial uses not specifically permitted in this zone.
(2) 
Any use that may be noxious or injurious by reason of the production or emission of dust, smoke, refuse matter, coal or gas fumes, noise, vibration or similar substances or conditions is specifically prohibited.
(3) 
Billboards or signs painted upon the exterior side or rear walls of any principal or accessory building or structure.
(4) 
Any process of manufacture, assembly or treatment.
(5) 
Lumber, fuel and building material storage works.
(6) 
Arcades and amusement centers where more than 10% of the retail floor area is occupied by any one of the following, exclusively or in combination: pool table, pinball, electronic and/or other amusement machines or devices of any kind. This prohibition includes but is not limited to machines and/or devices requiring electric current to be operable. Nothing herein shall be construed to bar the installation of the aforesaid games and amusements in a retail business establishment otherwise unrelated to the operation of said devices. However, in no case may said devices occupy more than 10% of the total retail floor area open to public access.
(7) 
Car washes.
G. 
Off-street parking and loading.
(1) 
For permitted business and services establishments: one parking space for each 300 square feet of gross floor area of the establishment.
(2) 
Off-street loading berths for all retail and commercial establishments having a gross floor area in excess of 10,000 square feet: one loading space for every 10,000 square feet or fraction thereof of gross floor area.
(3) 
Public and private parking lots are permitted.
(4) 
Banks: one space for each 100 square feet of gross floor area.
(5) 
Restaurants: one off-street parking space per each three seats, plus one off-street parking space per employee on the maximum shift.
(6) 
For medical professional offices, off-street parking must be provided at the rate of three off-street parking spaces for each professional staff member plus one space for each permanent employee or one parking space for each 100 square feet of gross floor area, whichever is greater.
H. 
Additional regulations.
(1) 
Where a nonresidential use is contiguous to a residential property, use or zone, there shall be a landscaped buffer strip along the perimeter of the property where it is contiguous to such residential property or zone. Such buffer strip shall be at least 10 feet in depth, measured from the residential property line. The ten-foot width of the buffer strip shall be used as a planting strip, on which shall be placed a fence and plant material (trees, shrubs, plants) a minimum of six feet in height. At least 50% of all planted materials shall be of evergreen species.
(2) 
All elevators included in any project within this zone shall provide adequate width and length within the elevator car and shall provide adequate elevator door width for use by any and all stretchers and such other victim transport utensils or other devices used by the Highland Park emergency services agencies.
I. 
Permitted signs.
(1) 
All signs as specified in the CBD Zone, provided that in the case of a sign permitted by § 230-140I(1), the area shall not exceed 10% of the ground-floor building facade area or 40 square feet, whichever is less.
(2) 
One freestanding sign may be erected to identify a retail center and to list individual occupants, provided that not more than one such sign shall be erected for 300 feet of frontage on a public street, and further provided that the aggregate area of all sides of any such sign shall not exceed 50 square feet and that the area of each side shall not exceed 24 square feet. Such signs shall be no closer than 50 feet from similar signs. Such signs may be illuminated, but shall not be of the flashing type; shall not exceed the height of 12 feet; shall not be located within 15 feet of a public street or parking area driveway or within 100 feet of the boundary of a residence zone; and shall in no way interfere with the safe functioning of any traffic control signal, directional device or sight distance.
(3) 
Freestanding signs for other uses are permitted, limited to one sign per building, provided they do not exceed a maximum of 12 square feet in area and five feet in height, and provided they stand on a landscaped planting bed. Freestanding signs are not permitted in conjunction with wall-mounted signs.
(4) 
The following schedule summarizes in matrix form how different types of signs can be associated. If there is any conflict between the written provisions of this chapter pertaining to signs and the matrixes, the written provisions shall control.[1]
[1]
Editor's Note: The matrix is included at the end of this chapter.
[Amended by Ord. No. 1269; Ord. No. 1292, Ord. No. 1509; Ord. No. 1569; Ord. No. 1633]
The following regulations shall apply in the PO Professional Office Zone:
A. 
Permitted principal uses.
(1) 
Professional and business offices.
(2) 
Offices for practicing physicians, dentists, psychologists and other professions dealing in the medical profession.
(3) 
Single-family homes.
B. 
Permitted accessory uses.
(1) 
Apartments on upper floors above professional offices.
(2) 
Off-street parking lots and private parking garages.
(3) 
Off-street loading and ramp areas.
(4) 
Fences, walls and hedges.
(5) 
Satellite dish antenna (receive only).
C. 
Conditional uses.
(1) 
Public utility facilities required to provide the direct service of the utility to the consumers, such as transformers and pumping stations, but excluding warehouses, service or storage and treatment yards.
D. 
Bulk regulations.
(1) 
As specified in the bulk schedule contained in § 230-149 of this chapter.
E. 
Off-street parking and loading.
(1) 
For medical professional offices, off-street parking must be provided at the rate of three off-street parking spaces for each professional staff member plus one space for each permanent employee or one parking space for each 100 square feet of gross floor area, whichever is greater.
(2) 
For permitted business, office and service establishments: one parking space for each 300 square feet of gross floor area.
F. 
Additional regulations.
(1) 
All areas not devoted to structures, parking areas or other required uses shall be landscaped and maintained. Wherever possible, natural features shall be preserved. Landscaped areas shall be maintained at the expense of the owner.
(2) 
A buffer area shall be provided at least 10 feet in width where adjoining a residential zone or residential use. The buffer area shall be suitably graded and planted or attractively surfaced and shall contain within such massed evergreen shrubbing of at least six feet in height and of such species as will produce within two growing seasons a screen of at least six feet in height.
(3) 
All elevators included in any project within this zone shall provide adequate width and length within the elevator car and shall provide adequate elevator door width for use by any and all stretchers and such other victim transport utensils or other devices used by the Highland Park emergency services agencies.
G. 
Prohibited uses.
(1) 
Any use that may be noxious or injurious by reason of the production or emission of dust, smoke, refuse matter, fumes, noise, vibrations or similar nuisance substance or conditions is specifically prohibited.
(2) 
Any use not contained within the permitted principal, accessory or conditional uses of this district is prohibited.
(3) 
Billboards or signs painted upon the side or rear exterior walls of any principal or accessory building or structure.
(4) 
All residential, service, retail commercial or industrial uses not specifically permitted in this zone.
(5) 
Fast-food or drive-in type restaurants and junkyards.
H. 
Permitted signs.
(1) 
One wall sign identifying the occupants of the professional office building and which may project outward from the wall to which it is attached no more than six inches and which does not extend above the parapet, eave or building facade. Such sign shall not exceed an area equal to three square feet and shall not be in addition to any freestanding signs. The height of the lettering, numbers or graphics shall not exceed four inches.
(2) 
One freestanding sign, provided the following standards are met:
(a) 
The area of the signboard, single-sided, shall not exceed three square feet.
(b) 
The height of the lettering, numbers or graphics shall not exceed four inches.
(c) 
The height of the top of the signboard or of any posts, brackets or other supporting elements shall not exceed five feet from the ground.
(d) 
The signboard shall be constructed of wood, with wood or cast iron brackets, and shall be architecturally compatible with the style, composition, materials, colors and details of the building.
(e) 
The signboard shall not be illuminated after 10:00 p.m.
(f) 
The sign shall be located within four feet of the main entrance to the business, and its location shall not interfere with pedestrian or vehicular circulation.
(g) 
Limited to one sign per building and shall not be in addition to wall signs.
(3) 
One identification placard, placed at each entrance to the building, and limited to one square foot in area.
(4) 
One directional sign, placed on the rear facade facing the parking lot, and limited to one square foot in area.
(5) 
The following schedule summarizes in matrix form how different types of signs can be associated.
Sign Matrix — PO District
Wall-Mounted Directory
Freestanding
Identification Placard
Directional
Wall-mounted Directory
NA
N
Y
Y
Freestanding
N
NA
Y
Y
Identification Placard
Y
Y
NA
Y
Directional
Y
Y
Y
NA
[Amended by Ord. No. 1246; Ord. No. 1259; Ord. No. 1969; Ord. No. 1569; Ord. No. 1524]
The following regulations shall apply in the LI Light Industrial Zone.
A. 
Purpose of the LI Light Industrial Zone. The Light Industrial Zone is created to achieve the following specific goals:
(1) 
To provide sufficient space in appropriate locations for attractive, modern, landscaped industrial complexes which do not create any hazards or create noise, vibrations, smoke, dust, odors, heat, glare and other objectionable influences, such as heavy trucking, which would be offensive to adjoining lands that require an environment free from these influences.
(2) 
To provide protection for nonindustrial zones or uses bordering the Light Industrial Zone or in close proximity thereto.
B. 
Permitted principal uses.
(1) 
Business, professional and governmental offices.
(2) 
Light industrial manufacturing, processing and assembling of products.
(3) 
Wholesale offices and showrooms with accessory storage of goods.
(4) 
Warehousing of finished products and materials for distribution.
(5) 
Electrical, heating, ventilating, air-conditioning, plumbing and refrigeration equipment sales and service businesses.
(6) 
Computer and/or electronic assembly, services or rental.
(7) 
Wireless telecommunications towers and antennas as specified in Article XVIII.
C. 
Permitted accessory uses.
(1) 
Off-street parking, loading and ramp area.
(2) 
The enclosed warehousing and storage of goods and products.
(3) 
Garage space necessary to store any vehicles on the premises.
(4) 
Fences, walls and hedges.
(5) 
Satellite dish antenna (receive only)
(6) 
Wireless telecommunications towers and antennas as specified in Article XVIII.
D. 
Conditional uses.
(1) 
Public utility facilities required to provide the direct service of the utility to the consumers.
(2) 
Wireless telecommunications towers and antennas as specified in Article XVIII.
E. 
Bulk regulations.
(1) 
The requirements of this district of lot area and width, yard dimensions, building coverage, and height shall be listed in the bulk schedule contained in § 230-149 of this chapter for the LI Zone.
(2) 
Height limit of 35 feet shall be enforced for all light industrial sites abutting residential zones or residential uses. Height may be increased one foot vertical for each additional one foot horizontal of setback increment.
F. 
Prohibited uses.
(1) 
Residences of any type.
(2) 
Retail business of any type, except as otherwise specified.
(3) 
Religious institutions and schools, charitable and philanthropic institutions.
(4) 
Any process or storage use that may be noxious or injurious by reason of the production or emission of dust, smoke, refuse matter, gas fumes, noise, vibration or similar substances or conditions is specifically prohibited.
(5) 
Refining, processing, distribution, transmission and storage of any gasoline or crude oil, or the manufacture of bottled fuel gas or any of the principal products or by-products of the petrochemical industry.
(6) 
Billboards and painted exterior wall signs.
(7) 
Storage tanks are specifically prohibited except when the material stored or storage of material is not the principal use of the site but only provides for an ancillary or utility function and not a process function to the principal use.
(8) 
The manufacture of heavy chemicals, such as but not limited to mineral acids or other corrosives, ammonia, caustic soda and sulfuric acid.
(9) 
The manufacture of cellulose products, resins, dye stuff, glue, vegetable, animal or mineral fats or oils, explosives, combustible gases, soap and other surfactants, fertilizer derived from animal originals, asphalt and tar products.
(10) 
The manufacture or production of metals and alloys in ingot form, matches, paints, oils, varnishes, lacquer, rubber or rubber products.
(11) 
The slaughtering, tanning and/or processing of animals or fowl.
(12) 
The processing, sale, storage, auctioning or reclamation of junk of any kind, including automobile wrecking and/or storing; recyclable materials storage, processing or incineration.
(13) 
The manufacturing or refining of asphalt; blast furnaces, boiler works and forge shops; the manufacture or processing of cork, fertilizer, linoleum or oil cloth and glue or gelatin; the tanning of hides and skins; slaughterhouses; the manufacture of paint, oil or varnish.
(14) 
The manufacture or bulk storage of fireworks and explosives, illuminating gas or poisonous gases.
(15) 
Any use involving the storage or manufacture of radioactive materials.
G. 
Off-street parking and loading.
(1) 
Off-street parking space with appropriate access thereto shall be provided on the same lot it is intended to serve, as follows:
(a) 
Three spaces for every 1,000 square feet of gross floor area of the establishment or one space for each two employees at the time of peak operation, whichever is greater.
(b) 
Not more than two two-way driveways as means of ingress and egress for parking areas shall be permitted for each 400 feet of frontage on a public street, nor shall any such driveway be located within 100 feet of the intersection of two public streets.
(c) 
Off-street parking areas for visitors and/or employees shall be designed to provide for a convenient flow of circulation.
(d) 
For medical professional offices, off-street parking must be provided at the rate of three off-street parking spaces for each professional staff member plus one space for each permanent employee or one parking space for each 100 square feet of gross floor area, whichever is greater.
(e) 
For permitted business, office and service establishments: one parking space for each 300 square feet of gross floor area.
(2) 
Truck loading and unloading areas shall be provided to permit the transfer of goods and products in other than a public street, off-street parking area or required front yard area, at the rate of one space for each 15,000 square feet of gross floor area.
(3) 
None of the above-mentioned off-street parking or off-street loading spaces may be applied to more than one requirement, nor may any site serve more than one function.
H. 
Additional regulations.
(1) 
All activities and process shall take place within an enclosed building; incidental storage out of doors shall be shielded from view from public streets and adjacent off-street parking areas by fencing, landscaping or other appropriate measures at least 10 feet in height and five feet in width.
(2) 
A buffer area of 50 feet in width shall be established adjacent to any residential use or zone, except that, wherever a lot is across the street from a residential zone, a buffer area of 25 feet from the front lot line shall be established. A buffer area of 50 feet in width shall be established adjacent to all other zones. Said buffer areas shall provide a minimum of 15 feet in width of densely planted evergreen species to accomplish a minimum landscaped screen height of six feet, based upon a landscaping plan submitted for review and approval. Due to the proposed nature of use, a berm may be required by the approving authority to achieve adequate buffering.
(3) 
All elevators included in any project within this zone shall provide adequate width and length within the elevator car and shall provide adequate elevator door width for use by any and all stretchers and such other victim transport utensils or other devices used by the Highland Park emergency services agencies.
I. 
Permitted signs.
(1) 
One fascia sign placed or inscribed upon the front wall of the building, containing only the name of the company or division and the type of product manufactured or produced and no other advertising material. Such sign shall not exceed an area equal to 5% of the building facade area.
(2) 
One freestanding sign, which may state the name of the company or division and the type of product manufactured or produced, the street address and no other advertising material. Such sign shall not exceed an area of 24 square feet and the height shall not exceed 10 feet, measured at its highest point on the frontage street of the property.
[Amended by Ord. No. 1269; Ord. No. 1372; Ord. No. 1569]
The following regulations shall apply in the QP Quasi-Public Zone.
A. 
Purpose of the QP Quasi-Public Zone. The Quasi-Public Zone is established to achieve, among others, the following specific purposes:
(1) 
To provide adequate land area for quasi-public-related uses.
(2) 
To assure quality and continuity of area land usage.
(3) 
To provide sufficient access, parking and loading areas and to ensure a smooth flow of circulation through the zone.
B. 
Permitted principal uses.
(1) 
Fraternal, charitable and philanthropic institutions.
(2) 
Private institutions for education.
(3) 
Parks and playgrounds.
C. 
Permitted accessory uses.
(1) 
Off-street parking necessary and incidental to the primary use.
(2) 
Off-street loading.
(3) 
Fences, walls and hedges.
(4) 
Satellite dish antenna (receive only).
D. 
Conditional uses.
(1) 
Nursing, convalescent, institutional facilities.
(2) 
Day-care facilities.
(3) 
Public utility facilities required to provide the direct service of the utility to the consumers, such as transformers and pumping stations, but excluding warehouses, service or storage and treatment yards and offices.
(4) 
Residential uses as permitted in and subject to the same regulations as found in the RM-T Zone.
E. 
Bulk regulations.
(1) 
The requirements of this district of lot area and width, yard dimensions, building coverage and height, shall be listed in the bulk schedule contained in § 230-149 of this chapter.
F. 
Prohibited uses.
(1) 
All residential, commercial, retail, professional offices, institutional and industrial uses not specifically permitted in this zone.
(2) 
All uses not specifically permitted are prohibited.
G. 
Parking.
(1) 
Off-street parking space with appropriate access thereto shall be provided on the same lot or tract it is intended to serve, in accordance with the following minimum standards:
(a) 
Fraternal, charitable and philanthropic institutions: one off-street parking space per 100 square feet of gross floor area.
(b) 
Private schools.
[1] 
Preschool and elementary: 1.2 spaces/classroom, but not less than one per teacher and staff.
[2] 
Intermediate: 1.5 spaces/classroom, but not less than one per teacher and staff.
[3] 
Secondary: 2.5 spaces/classroom plus one space for each eight pupils in 11th and 12th grades.
[4] 
Colleges and other educational institutions: one space per two students.
(c) 
For nursing, convalescent and retirement institutions, off-street parking shall be provided at the rate of one space for each bed and one space for each two employees.
H. 
Permitted signs.
(1) 
One freestanding illuminated nonflashing sign shall be permitted, provided that the total sign area does not exceed 12 square feet and shall not be higher than six feet above ground level. No freestanding sign shall be located closer than 10 feet from a property line. All such signs shall provide a monument-style base with a planter area.
[Amended by Ord. No. 1269; Ord. No. 1569]
The following regulations shall apply in the CS Community Service Zone.
A. 
Purpose of the CS Community Service Zone. The Community Service Zone is established to achieve, among others, the following specific purposes:
(1) 
To provide adequate land area for community service related uses.
(2) 
To assure quality and continuity of area land usage.
(3) 
To provide sufficient access, parking and loading areas and to ensure a smooth flow of circulation through the zone.
B. 
Permitted principal uses.
(1) 
Municipal government offices.
(2) 
Public schools.
(3) 
Public libraries.
C. 
Permitted accessory uses.
(1) 
Any accessory use customarily incidental to the principal use.
(2) 
Off-street parking necessary and incidental to the primary use.
(3) 
Fences, walls and hedges.
(4) 
Satellite dish antenna (receive only).
D. 
Conditional uses.
(1) 
Conditional uses shall be permitted only in those areas determined not to be environmentally sensitive, based upon the findings of fact by the reviewing board as a result of its analysis and review of the submitted environmental impact statement.
(2) 
Prior to approval of any application for a conditional use permitted in this zone, the applicant, through licensed professional expertise, shall submit an environmental impact statement, prepared in conformance with § 230-81 of this chapter, and shall additionally provide by mapping an outbound survey of all areas found to be environmentally or ecologically sensitive. Further, soil tests, based upon laboratory analysis of both test pits and test borings, shall be provided.
(3) 
A one-hundred-foot-wide buffer shall be provided between all areas determined to be an environmental or ecological sensitive area. No building, pavement or other development other than supplemental landscaped plantings shall occur within this one-hundred-foot-wide buffer area.
(a) 
Public parks and playgrounds.
(b) 
Public utility facilities required to provide the direct service of the utility to the consumers, such as transformers and pumping stations, but excluding warehouses, service or storage and treatment yards and offices.
E. 
Bulk regulations.
(1) 
The requirements of this district of lot area and width, yard dimensions, building coverage and height, shall be listed in the bulk schedule contained in § 230-149 of this chapter.
F. 
Prohibited uses.
(1) 
All residential, commercial, educational, institutional, professional offices, and industrial uses not specifically permitted in this zone.
G. 
Permitted signs.
(1) 
One freestanding illuminated nonflashing sign shall be permitted, provided that the total sign area does not exceed 12 square feet and shall not be higher than six feet above ground level. No freestanding sign shall be located closer than 10 feet from a property line. Any such sign shall be provided with a monument-style base and planter area.
[Amended by Ord. No. 1569]
The following regulations shall apply in the C/R Conservation/Recreation Zone.
A. 
Purpose of C/R Conservation/Recreation Zone. The Conservation/Recreation Zone is established to achieve, among others, the following specific purposes:
(1) 
To recognize those areas of the Borough that have special value in terms of conservation and recreation potential to Borough residents.
(2) 
To provide adequate land area for conservation and recreation related uses.
(3) 
To assure quality and continuity of area land usage.
B. 
Permitted principal uses.
(1) 
Public parks, playgrounds and athletic fields.
(2) 
Conservation, preservation and natural areas.
C. 
Permitted accessory uses.
(1) 
Customary accessory structures for the principal use, such as bandstands and park maintenance equipment storage facilities, administration and security offices.
(2) 
Fences and hedges.
D. 
Conditional uses.
(1) 
Public utility facilities required to provide the direct service of the utility to the consumers, such as transformers and pumping stations, but excluding warehouses, service or storage and treatment yards and offices.
(2) 
Off-street parking areas.
E. 
Bulk regulations.
(1) 
The requirements of this district of lot area and width, yard dimensions, building coverage, and height shall be listed in the bulk schedule contained in § 230-149 of this chapter for the C/R Zone.
F. 
Prohibited uses.
(1) 
All uses, structures or buildings not specifically permitted in this zone, including but not limited to residential, commercial, industrial, professional office, quasi-public and institutional.
(2) 
No development or improvement of any kind shall be permitted within any land area deemed to be environmentally sensitive, based upon the findings of fact by the reviewing board as a result of its analysis and review of the submitted environmental impact statement.
G. 
Permitted signs.
(1) 
One freestanding illuminated nonflashing sign shall be permitted, provided that the total sign area does not exceed 12 square feet and shall not be higher than six feet above ground level. No freestanding sign shall be located closer than 10 feet from a property line. Any such sign shall be provided with a monument-style base and planter area.
[Amended by Ord. No. 1269; Ord. No. 1490; Ord. No. 1569]
The following regulations shall apply in the SC Senior Citizen Housing Zone.
A. 
Permitted principal uses.
(1) 
Low- and moderate-income senior citizen affordable housing.
B. 
Permitted accessory uses.
(1) 
Any accessory use customarily incidental to the principal use.
(2) 
Off-street parking necessary and incidental to the primary use.
(3) 
Fences, walls and hedges.
(4) 
Satellite dish antenna (receive only).
C. 
Conditional uses.
(1) 
Public parks and playgrounds.
(2) 
Public utility facilities required to provide the direct service of the utility to the consumers, such as transformers and pumping stations, but excluding warehouses, service or storage and treatment yards and offices.
D. 
Bulk regulations.
(1) 
The requirements of this district of lot area and width, yard dimensions, building coverage and height, shall be listed in the bulk schedule contained in § 230-149 of this chapter.
E. 
Prohibited uses.
(1) 
All residential, commercial, institutional, professional offices, and industrial uses not specifically permitted in this zone.
F. 
Additional regulations.
(1) 
All elevators included in any project within this zone shall provide adequate width and length within the elevator car and shall provide adequate elevator door width for use by any and all stretchers and such other victim transport utensils or other devices used by the Highland Park emergency services agencies.
G. 
Off-street parking and loading.
(1) 
All low- and moderate-income senior citizen projects shall provide off-street parking at the rate of one parking space per each four dwelling units.
H. 
Permitted signs.
(1) 
One freestanding illuminated nonflashing sign shall be permitted, provided that the total sign area does not exceed 12 square feet and shall not be higher than six feet above ground level. No freestanding sign shall be located closer than 10 feet from a property line. Any such sign shall be provided with a monument-style base and planter area.
[Added by Ord. No. 1633]
A. 
Stream corridor protection areas. Stream corridor protection areas are required to be delineated as the most restrictive limit of the two distances established in accordance with the following schedule:
Stream Category
Minimum Distance from Banks of the Waterway
(feet)
Minimum Distance from the Outer Limit of the One-Hundred-Year Flood Zone on Both Sides of the Waterway
(feet)
Delineated or undelineated water body
50
50
B. 
Applicability. The regulations of the Stream Corridor Protection Overlay Zone shall apply to all streams and stream corridors within the Borough of Highland Park, as follows:
(1) 
All tracts that are the subject of an application for subdivision, site plan, conditional use, or use variance approval that fall in whole or in part within a stream corridor protection area shall be subject to the standards set forth in this section.
(2) 
All new lots in major and minor subdivisions and site plans shall be designed to provide sufficient areas outside of stream corridors and stream corridor buffers to accommodate principal buildings and uses as well as any permitted accessory uses. The application shall not be approved unless the requirements set forth in Subsection F have been met, in addition to the submission requirements of Article VIII. All submitted plans, details and calculations shall be prepared, signed and sealed by a New Jersey licensed professional engineer.
(3) 
Exemptions.
(a) 
Repair or replacement with the same or smaller footprint of existing buildings and accessory structures, such as fences, sheds, pools, decks and detached garages.
(b) 
Natural restoration or rehabilitation actions allowed by the State of New Jersey.
C. 
Permitted activities. With the exception of uses prohibited in Subsection D, uses which are permitted in the underlying zone are permitted within the Stream Corridor Protection Overlay Zone, provided that all requirements of the Stream Corridor Protection Overlay Zone are satisfied.
D. 
Prohibited uses. The following uses are prohibited in the Stream Corridor Protection Overlay Zone even though they may be permitted in the underlying zoning.
(1) 
New construction of buildings, retaining walls and any other impervious surface not in the public interest.
(2) 
Storage or processing of materials that are flammable, poisonous, explosive or which could be injurious to human, animal or fish and other aquatic life for a purpose other than that of normal household use.
(3) 
Sanitary landfills, dumps or other solid waste disposal facilities.
(4) 
Removal, excavation, dredging or filling of riverine materials, except as allowed by the State of New Jersey.
(5) 
Clear cutting of the existing natural vegetation.
(6) 
Junkyards.
(7) 
Underground or aboveground fuel storage tanks.
(8) 
Open storage of road salt or other deicing chemicals and excavated materials.
(9) 
Gasoline stations, car washes, auto repair or auto body shops.
(10) 
Commercial and medical laboratories, processing or manufacturing facilities.
(11) 
Dry-cleaning establishments and laundromats.
(12) 
Alterations of watercourses (realigning, straightening, widening or grading of the streambed).
(13) 
Regrading natural contours.
(14) 
Filling or removal of fill.
(15) 
Detention or retention basins and other stormwater management facilities, excluding outflow structures if designed to minimize impact on the stream corridor.
(16) 
Use of fungicides, herbicides, pesticides and fertilizers.
(17) 
Uses that are not specifically permitted in the underlying zone are prohibited.
E. 
Conditional uses and activities. The following uses may be permitted upon a finding of fact that the proposal is not significantly contrary to the objectives of this chapter.
(1) 
Public recreational uses not to include enclosed structures, but permitting piers, docks, and kiosks, usually found in outdoor recreational areas.
(2) 
Fences of wood, wire or other materials which will not impede the flow of floodwaters and the passage of debris.
(3) 
Wildlife sanctuary and/or woodland preserve, exclusive of structures.
F. 
Submission requirements.
(1) 
An applicant with a proposed activity within a Stream Corridor Protection Overlay Zone shall submit to the municipality a map at a scale of not less than one inch equals 100 feet of the project site delineating the following:
(a) 
The top of the bank of the water body.
(b) 
One-hundred-year flood zone of stream;
(c) 
Wetland boundary lines;
(d) 
The stream corridor and stream corridor protection area;
(e) 
Any steep slope located within the site, as defined under the steep slopes ordinance; and
(f) 
The location of all improvements and land disturbances proposed to be located within any of the above boundaries.
G. 
Time for decision. The appropriate reviewing agency shall approve, approve with conditions, or deny an application for a stream corridor development approval within 45 days from the date of submission of a completed application. Where the request for stream corridor development is part of a site plan, subdivision or conditional use or use variance application, the time period regulating those applications shall apply.
H. 
Fees. All applicants shall submit $150 in application fees and $300 in initial escrow fees.
I. 
Waiver. An applicant may seek relief from these requirements by variance granted by the Planning Board or by the Zoning Board of Adjustment, as the case may be.
J. 
Conservation easements. All approved applications for subdivision, site plan approval, conditional use or use variance within a Stream Corridor Protection Overlay Zone shall provide, to the greatest extent possible, a conservation easement of at least 50 feet from the top of the stream bank or one-hundred-year flood zone, whichever is greater, for the continued protection of the stream corridor. If conservation easements are not provided, a deed restriction shall be executed to ensure that the stream corridor protection area is retained in a natural state. All such easements and deed restrictions shall be in a form satisfactory to the Borough Attorney and must be shown on all plats and surveys of the property.
[Amended by Ord. No. 1347; Ord. No. 1490; Ord. No. 1509; Ord. No. 1514; Ord. No. 1569; Ord. No. 1588; Ord. No. 1609]
RA
=
Single Family Zone
RA-E
=
Single Family Residential — Ecological Preservation Zone
RB
=
Two-Family Zone
RM-G
=
Garden Apartment Multifamily Zone
RM-T
=
Townhouse Zone
RM-M
=
Mid-Rise Residential Zone
RMT-W
=
Marina-Townhouse Zone
RMT-H
=
Historic Preservation-Townhouse Zone
SC
=
Senior Citizen Housing Zone
CS
=
Community Service Zone
C/R
=
Conservation/Recreation Zone
CBD
=
Central Business District Zone
C
=
Commercial Zone
PO
=
Professional Office Zone
LI
=
Light Industrial Zone
QP
=
Quasi-Public Zone
[1]
Editor's Note: The Zoning Bulk Schedule is included at the end of this chapter.