Borough of Harrington Park, NJ Residential Districts

Editor's Note: Original Subsection A(1)(f) and (g), regarding home occupations and professional offices, which immediately followed this subsection, were repealed 4-18-2011 by Ord. No. 658. See now Subsection A(3)(b).

(f)

Customary accessory uses and buildings, provided that such uses are incidental to the principal use. Any accessory building shall be located on the same lot with the principal building.

(g)

Public utility distribution lines and mains necessary for the service of the area.

(h)

Reservoir on water supply reservation.

(i)

One sign advertising the sale or rent of the land or buildings upon which it is located. Such sign shall not exceed six square feet in area and shall be distant from the street lines not less than 10 feet.

(2)

Uses prohibited:

[Amended 5-16-1988 by Ord. No. 402]

(a)

No required front or side yard shall be used for the overnight parking or storage of any boats, house trailers, mobile homes, recreation vehicles or unregistered, uninspected or dismantled motor vehicles.

(b)

The leasing or renting of private garage space for motor vehicles to a nonresident of the premises shall be limited to one motor vehicle. In the event that the owner or lessee of the premises does not own or lease any motor vehicle for his or her family's personal use, said owner or lessee may lease or rent two spaces for storage of motor vehicles to a nonresident of said premises.

(c)

Not more than one principal building shall be permitted on any lot described in this section.

(d)

All uses and structures not specifically permitted are prohibited.

[Added 6-23-2004 by Ord. No. 566]

(3)

Permitted conditional uses:

(a)

A satellite antenna which complies with the following requirements:

[1]

The surface area of any reflective dish shall not exceed seven square feet.

[2]

The dish shall be erected on a secure ground-mounted foundation.

[3]

The overall height from the mean ground level to the highest point of the antenna or any attachment thereto when extended to its full height shall be no more than five feet.

[4]

The antenna shall be located in the rear yard of a single-family dwelling and shall not violate the yard and setback requirements for the main building.

[5]

The antenna shall be located and screened to minimize motor noise and visibility from the street and adjacent properties. The ability of the applicant to install the dish in an unobtrusive location and to minimize the noise impact on adjacent properties shall be a major factor in determining whether or not the conditional use is approved.

[6]

The antenna shall be designed for use by residents of the main building only.

[7]

There shall be only one antenna per building lot.

(b)

Home occupations and professional offices.

[1]

Home occupations, subject to the following restrictions:

[a]

The occupation shall be one that is customarily carried on in a dwelling unit.

[b]

The occupation shall be carried on by a member of the family residing in the dwelling unit.

[c]

The occupation must be clearly incidental and secondary to the use of the dwelling unit for residential purposes.

[d]

The occupational profession shall be carried on wholly within the principal building or within a building or other structure accessory thereto.

[e]

Not more than two persons outside the family shall be employed full time or part time in the home occupation.

[f]

There shall be no exterior display, no exterior sign and no exterior storage materials or other exterior indication of the home occupation or variation from the residential character of the principal building or accessory structure other than a small announcement or sign not exceeding one square foot in area.

[g]

Only one occupation shall be permitted in any one residence.

[h]

The actual area utilized for the home occupation shall not exceed 15% of the total living area of the dwelling unit, but in no event more than 450 square feet, no matter in what type of structure the activity is being conducted.

[i]

No offensive noise, vibration, smoke, dirt, odor, light, heat or glare shall be produced.

[2]

Professional offices, subject to the restrictions applicable to home occupations as set forth in Subsection A(3)(b)[1] of this section, provided that the professional resides in the dwelling unit and that the use of the dwelling unit for a professional office is clearly incidental and secondary to the primary use of the dwelling as a unit for residential purposes.

[3]

Parking restrictions. There shall be one parking space for each 200 square feet of floor area which is utilized for a home occupation or professional use as hereinabove defined. Parking shall be permitted in the side and rear yards, provided that said parking area is not closer than 10 feet to any adjoining property line. Any such parking area shall be shielded by shrubbery which will act as a buffer between the parking area and the adjoining property line.

Building height limit: not less than 15 feet and not more than 35 feet nor more than 2 1/2 stories.

[Amended 2-19-2008 by Ord. No. 624; 4-18-2011 by Ord. No. 658]

Required lot area: not less than 10,000 square feet, a lot width of not less than 75 feet, a frontage of not less than 80% of the lot width and a depth of not less than 100 feet, provided that any owner of any parcel of land existing as a separate lot as of March 19, 1962, and shown on the then-current Official Assessment Map of the Borough of Harrington Park or a subdivision map then on file in the Bergen County Clerk's office and having a lot width of 72 feet or more and an area of 7,500 square feet or more may be issued a building permit upon compliance with all other conditions of this chapter.

Percentage of lot coverage. All buildings, including accessory buildings, shall not cover more than 25% of the area of the lot.

[Amended 5-16-1988 by Ord. No. 402]

Yards required. Each lot shall have front, side and rear yards not less than the depths or widths following:

(1)

Front yard depth: 35 feet, except that where adjoining houses have front yards of lesser depth, this requirement may be reduced, but in no case to less than 25 feet.

(2)

Side yard width: 15 feet.

[Amended 5-16-1988 by Ord. No. 402]

(3)

Rear yard depth: 30 feet.

[2]There shall be a minimum of 2,500 square feet of lot area for each bedroom provided in a dwelling.

[Added 1-27-1997 by Ord. No. 492]

[2]

Editor's Note: Former Subsection F, Supplementary regulations, was repealed 5-6-1988 by Ord. No. 401.

§ 350-10 R-2 Districts.

The following regulations shall apply in R-2 Districts:

Uses permitted and/or prohibited. The following uses are permitted and/or prohibited in R-2 Districts:

[Amended 5-16-1988 by Ord. No. 401; 5-16-1988 by Ord. No. 402]

(1)

Uses permitted:

(a)

One-family dwellings.

(b)

Customary accessory uses and buildings, provided that such uses are incidental to the principal use. Any accessory building shall be located on the same lot with the principal building.

(c)

Public utility distribution lines and mains necessary for the service of the area.

(d)

Reservoir on water supply reservation.

(e)

(2)

Uses prohibited:

(a)

All uses prohibited in the R-1 District.

(b)

All uses and structures not specifically permitted are prohibited.

[Added 6-23-2004 by Ord. No. 566]

Building height limit: not less than 15 feet and not more than 35 feet or 2 1/2 stories.

[Amended 2-19-2008 by Ord. No. 624]

Required lot area: not less than 12,000 square feet, a lot width of not less than 100 feet, a frontage of not less than 80% of the lot width and a depth of not less than 100 feet.

Percentage of lot coverage. All buildings, including accessory buildings, shall not cover more than 25% of the area of the lot.

Yards required. Each lot shall have front, side and rear yards not less than the depths or width following:

(1)

Front yard depth: 35 feet.

(2)

Side yard width: 15 feet on each side.

[Amended 5-16-1988 by Ord. No. 402]

(3)

Rear yard depth: 30 feet.

Supplementary regulations. See Article X.

There shall be a minimum of 2,500 square feet of lot area for each bedroom provided in a dwelling.

[Added 1-27-1997 by Ord. No. 492]

§ 350-11 R-3 Districts.

The following regulations shall apply in R-3 Districts:

Uses permitted and/or prohibited. The following uses are permitted and/or prohibited in R-3 Districts:

[Amended 5-16-1988 by Ord. No. 401; 5-16-1988 by Ord. No. 402]

(1)

Uses permitted:

(a)

One-family dwellings.

(b)

Customary accessory uses and buildings, provided that such uses are incidental to the principal use. Any accessory building shall be located on the same lot with the principal building.

(c)

Public utility distribution lines and mains necessary for the service of the area.

(d)

Reservoir on water supply reservation.

(e)

(2)

Uses prohibited:

(a)

All uses prohibited in the R-1 District.

(b)

All uses and structures not specifically permitted are prohibited.

[Added 6-23-2004 by Ord. No. 566]

Building height: not less than 15 feet and not more than 35 feet or 2 1/2 stories.

[Amended 2-19-2008 by Ord. No. 624]

Required lot area: not less than 18,000 square feet, a lot width of not less than 125 feet, a frontage of not less than 80% of the lot width and a minimum depth of 100 feet.

Percentage of lot coverage. All buildings, including accessory buildings, shall not cover more than 25% of the area of the lot.

Yards required. Each lot shall have front, side and rear yards not less than the depths or width following:

(1)

Front yard depth: 35 feet.

(2)

Side yard width: 15 feet.

(3)

Rear yard depth: 30 feet.

Supplementary regulations. See Article X.

There shall be a minimum of 2,500 square feet of lot area for each bedroom provided in a dwelling.

[Added 1-27-1997 by Ord. No. 492]

§ 350-12 S-1 Districts.

The following regulations shall apply to S-1 Districts:

Uses shall be limited to senior citizen dwelling units.

[Amended 5-16-1988 by Ord. No. 404]

Building height limit: not less than 15 feet and not more than 35 feet.

Required lot area: not less than one acre. The total number of dwelling units shall not exceed an average of 12 per acre.

Building area. No building shall have more than two floors. No dwelling unit shall have more than two bedrooms. No single-bedroom dwelling unit shall have less than 800 square feet, and no multiple-bedroom dwelling unit shall have less than 800 square feet plus 180 square feet for each additional bedroom. (This size requirement shall not apply to any Mt. Laurel or other affordable housing units.[1])

[Amended 5-16-1988 by Ord. No. 404]

[1]

Editor's Note: See Ch. 85, Affordable Housing.

Percentage of lot coverage. All buildings, including accessory buildings, shall not cover more than 25% of the area of the lot.

Yards required. Each lot shall have front, side and rear yards not less than the depths or width following:

(1)

Front yard depth: 35 feet. All buildings shall have a front yard facing on an approved and accepted public street, road or highway (provided that, if a building faces two or more streets, the front yard shall face on such approved and accepted public street, road or highway as shall be designated by the Planning Board) and shall be required to be landscaped in accordance with the following regulations: All that area not used as drives or pedestrian walks shall be devoted to the planting of grass, trees, shrubs, flowers or other appropriate plant materials and shall be suitably landscaped. No loading or unloading or parking of vehicles shall be permitted in the front yard.

(2)

Side yard width: 25 feet. Side yards shall be required between buildings where more than one building is permitted on a single lot, tract or parcel of land, which side yards shall be not less than the average height of the two adjacent buildings.

(3)

Rear yard depth: 30 feet.

Parking requirements in the Senior Citizen Dwelling Unit District:

[Added 5-16-1988 by Ord. No. 404]

(1)

Two parking spaces shall be provided for each dwelling unit.

(2)

See § 350-41C for additional parking requirements in the Senior Citizen Dwelling Unit District.

[Amended 11-20-2017 by Ord. No. 719]

(3)

(Reserved)[2]

[2]

Editor's Note: Former Subsection G(3), providing minimum off-street parking space dimensions, was repealed 11-20-2017 by Ord. No. 71.

(4)

(Reserved)[3]

[3]

Editor's Note: Former Subsection G(4), Construction standards, was repealed 11-20-2017 by Ord. No. 71.

Supplementary regulations.

(1)

Outdoor storage of materials or equipment shall be prohibited unless such stored materials or equipment is shielded and prior approval has been obtained from the fire prevention or other appropriate Borough agency.

(2)

Other supplementary regulations. See Article X.

§ 350-12.1 Affordable Housing Overlay Zone.

[Added 6-17-2019 by Ord. No. 735]

Purpose. To permit the development of inclusionary multifamily residential development in which a certain proportion of dwelling units are set aside for occupancy by low- and moderate-income households.

Conflict in requirements. The requirements of the remaining provisions of Chapter 350 apply to the Affordable Housing Overlay Zone (AHO) except where those requirements conflict with this section. In the event of such a conflict, the terms of this § 350-12.1 shall prevail.

The AHO Affordable Housing Overlay Zone is located on the following specific sites within the Borough:

(1)

Block 1204, Lots 4 and 5, presently zoned B-1;

(2)

Block 1204, Lots 6, 9, 10 and 11, presently zoned B-1;

(3)

Block 1205, Lot 1, presently zoned B-1;

(4)

Block 1205, Lot 4, presently zoned I-1;

(5)

Block 1206, Lot 1, presently zoned I-1;

(6)

Block 1207, Lot 2, presently zoned I-1; and

(7)

Block 1316, Lot 1-7, 9 and 11, presently zoned B-2.

Permitted uses. The following uses are permitted within the AHO Affordable Housing Overlay Zone, all of which must contain affordable housing in accordance with this § 350-12.1:

(1)

Apartments.

(2)

Townhouses.

(3)

Mixed-use, with retail on the first floor and apartments above.

Development standards. The bulk standards that are applicable within the AHO Affordable Housing Overlay Zone shall be those of the underlying zone in which they are located.

Parking. The following parking requirements are applicable to the AHO Affordable Housing Overlay Zone:

(1)

Parking space size and number requirements shall be in compliance with the New Jersey Residential Site Improvement Standards (RSIS).

(2)

All parking shall be located 10 feet from any front property line and five feet from any side or rear yard property line.

(3)

All perimeter open space surrounding a parking lot must be densely landscaped with year-round screening materials, including but not limited to evergreen shrubs.

Affordable housing requirements. All development in the AHO Affordable Housing Overlay Zone shall provide for affordable housing in accordance with the following requirements:

(1)

All developments within the AHO Affordable Housing Overlay Zone shall provide dwelling units which qualify for credit as low- and moderate-income housing per the requirements of New Jersey's Fair Housing Act and which meet the income, bedroom distribution and other requirements of the Uniform Housing Affordability Controls (N.J.A.C. 5:80-26.1 et seq.), in the following minimum percentages:

(a)

Rental projects: 15% of the total units.

(b)

For-sale projects: 20% of the total units.

(2)

At least 13% of the affordable units shall be very-low-income units, as mandated by the Fair Housing Act.

(3)

The developer shall utilize the Borough's administrative agent or Borough-approved equivalent. The developer shall be solely responsible for the cost and expense of administering the low- and moderate-units for the lifetime of the deed restriction. This shall include the initial rental/sale of the unit and the ongoing compliance.

Other requirements. Development in the AHO Affordable Housing Overlay Zone shall also comply with the following requirements:

(1)

Landscape buffer. A landscaped buffer shall be provided along the site's perimeter. The buffer shall be planted with grass, deciduous and evergreen trees, shrubs and all other landscape material and treatments as required by the Planning Board and Environmental Commission. No retaining walls shall be located within the buffer. Site-identifying signage and driveways perpendicular to the buffer may encroach into the buffer.

(2)

Mechanical equipment. Any rooftop mechanical equipment, inclusive of solar equipment, shall be concealed within the roof of the building so it is not visible from all vantage points at-grade or below the roof. Any ground-mounted mechanical equipment shall be screened appropriately.

(3)

Architectural design guidelines.

(a)

Primary materials for buildings shall be brick, wood, HardiePlank^® panels or similar fiber cement siding, stone, precast and cast stone and manufactured stone, and glass.

(b)

No more than three different primary materials shall be used on each building facade. Within the primary materials, variations in colors, texture and pattern may be employed to further break up the mass or bulk of a building.

(c)

The architectural treatment of the front facade shall be continued in its major features around all visibly exposed sides of a building.

(d)

Fenestration shall be architecturally compatible with the style, materials, colors and details of the building. Windows shall be vertically proportioned.

(e)

All entrances to a building shall be defined and articulated by architectural elements such as lintels, pediments, pilasters, columns, porticoes, porches, overhangs, railings, etc. Buildings shall avoid long, monotonous, uninterrupted walls or roof planes.

(f)

Building wall offsets, including projections such as canopies and recesses, may also be used in order to add architectural interest and variety and to relieve the visual effect of a simple, long wall.

(g)

Similarly, in the case of a pitched roof, roofline offsets, dormers or gables shall be provided in order to provide architectural interest and variety to the massing of a building and to relieve the effect of a single, long roof.