To implement the Master Plan and to effect the
purposes of this chapter, the Borough is divided into 10 zones as
follows:
A.
R-150 (Residential Zone). The R-150 Zone is designed
to provide a suitable environment for one-family dwelling units and
for the conservation and maintenance of the established pattern of
one-family dwelling units in this area.
B.
R-75 (Residential Zone). The R-75 Zone is designed
to provide a suitable environment for one-family dwelling units at
a higher density than the R-150 Zone.
C.
CC (Commercial Corridor). The Commercial Corridor
Zone is comprised of the following districts: Commercial Corridor
Western (CC-W); Commercial Corridor Central (CC-C); and Commercial
Corridor Eastern (CC-E) and is designed to encourage compact, mixed-use
developments in the downtown area through regulations that accommodate
vehicles, pedestrians and transit users, stimulate pedestrian use
of the corridor, develop attractive buildings and appealing site design,
minimize visibility of parking lots and automobile accommodations
and create a visually stimulating and economically viable commercial
corridor.
[Amended 5-18-2015 by Ord. No. 15-07R]
(1)
CC-W.
The CC-W District serves as the western gateway into the Borough and
contributes to visitors’ first impressions of the Borough. The
CC-W District is designed to be comfortable and attractive for pedestrians
while providing for a variety of commercial, light industrial and
small manufacturing enterprises to accommodate a wide range of creative,
maker and innovation/start-up businesses, as well as live-work units
to meet the needs of entrepreneurs, small businesses and professionals.
(2)
The
purpose of the CC-C District, similar to the Downtown/Block64 Redevelopment
District, is to create a vibrant, pedestrian-oriented and mixed-use
downtown in the style of a transit village with ground floors being
used by convenience and specialty retail shops, personal services,
and indoor and outdoor dining establishments to create an uninterrupted
retail frontage to stimulate pedestrian movement and the upper stories
being occupied by residential, office and other appropriate uses.
(3)
CC-E.
The CC-E District is intended to create a characteristically suburban-like
defining boundary to the compactly developed downtown corridor immediately
to the west through larger-sized lots used for multifamily residential,
senior housing, offices, and mixed-use development.
D.
GC (General Commercial Business Zone). The GC Zone
is designed to provide for local shopping and to include retail business
and service establishments which cater to the needs of the residents
of nearby neighborhoods and to promote the stability of retail development.
H.
LGAH (LaGrande Affordable Housing Zone). The LGAH
Zone is designed to provide one-family dwelling units on small lots
fronting on Third Avenue and townhouse units behind the one-family
units of which 20% would be affordable to low- and moderate-income
families in the Borough, or where a developer contribution for the
provision of affordable housing units will be made in lieu of restricting
20% of the townhouse units to low- and moderate-income families. The
zoning restrictions in existence as of the time of the adoption of
this chapter as applied to the LGAH Zone shall continue to be in full
force and effect.
I.
TAH (Terrill Affordable Housing Zone). The TAH Zone
is designed to provide for a mix of residential units wherein eleven
are one-family dwelling units on small lots and six are townhouse
units contained in three two-family duplexes, three of which units
would be affordable to low and moderate income families in the Borough.
In the event that a developer owns and develops the MAH Zone and the
TAH Zone, such developer shall have the option to develop the one
affordable unit scheduled to be constructed in the MAH Zone in the
TAH Zone instead, provided that such developer contributes the equivalent
of 60% of the contribution for the cost of one unit under the Borough's
regional contribution agreement ("RCA") with the City of Elizabeth
of $18,000 and any incremental cost of the equivalent of 60% of the
contribution for one such unit that results from inflation in the
construction over the term of the RCA.
J.
MAH (Midway Affordable Housing Zone). The MAH Zone
is designed to provide one-family dwelling units on small lots, of
which one lot would be affordable to low- and moderate-income families
in the Borough, together with a developer contribution of the equivalent
of 60% of the contribution for the cost of one unit under the Borough's
RCA with the City of Elizabeth of $18,000 and any incremental cost
of the equivalent of 60% of the contribution for one such unit that
results from inflation in the construction over the term of the RCA;
all for the provision of the equivalent of 20% of the units developed
in the MAH Zone. Notwithstanding anything herein to the contrary,
a developer that also owns and develops the TAH Zone shall have the
option to develop the one affordable unit scheduled to be constructed
in the MAH Zone in the TAH Zone instead.
[Amended 3-13-2007 by Ord. No. 07-07R]
The Zones set forth in § 184-112 are hereby established by the designation, locations and boundaries thereof as set forth and indicated on the Zoning Map of the Borough, which map is dated December 6, 2000,[1] except:
A.
All properties fronting on Staggard Place shall be
in the R-75 Zoning District and not the LI Zoning District as set
forth on the Zoning Map.
B.
The R-150 Zoning District shall include all those
lots located in Blocks 10 and 12 on the Fanwood Borough Tax Map within
a certain twenty-two-acre, two-block area, bounded by Martine Avenue,
Madison Avenue, Paterson Road and Russell Road, except for Lots 17
through 24 in Block 10 and Lots 1, 2, 2.01, and 13 through 16 in Block
12, and more fully reflected on Figure 1,[2] incorporated herein and attached hereto.
[2]
Editor's Note: A copy of the Zoning Map is
included in a pocket at the end of this volume.
C.
All properties fronting on the easterly side of Terrill Road, beginning
with the northerly sideline of the intersection of Terrill Road and
Midway Avenue (Block 1, Lot 2), and running northerly to the border
of the Township of Scotch Plains shall be located in the General Commercial
Business District (GC) and not the R-75 Zoning District as set forth
on the Zoning Map.
[Added 9-18-2012 by Ord. No. 12-09R]
[1]
Editor's Note: A copy of the Zoning Map is
included in a pocket at the end of this volume.
[Amended 3-15-2001 by Ord. No. 01-03R; 6-14-2001 by Ord. No.
01-10R; 12-13-2001 by Ord. No. 01-22R; 5-13-2003 by Ord. No.
03-07R; 6-10-2003 by Ord. No. 03-12R; 5-8-2007 by Ord. No.
07-08R]
Since the Borough is an established suburban
residential community, it is the intent to preserve and protect the
established character of its neighborhoods and to encourage a compatible
relationship between new or expanded houses and traditional neighboring
structures that reflect the best of the local character, particularly
in terms of scale, siting, design features and orientation on the
site.
A.
Principal uses and structures. The following principal
uses and structures shall be permitted in the R-150 Zone District:
(1)
Single-family residential uses in detached single-family
residential structures;
(2)
Public parks and playgrounds; and,
(3)
Community residences for the developmentally
disabled, community shelters for victims of domestic violence, community
residences for the terminally ill, and community residences for persons
with head injuries, as regulated in N.J.S.A. 40:55D-66.1 and 66.2.
B.
Accessory uses and structures. The following accessory
uses and structures shall be permitted in the R-150 zone:
C.
Conditional uses and structures. The following conditional uses and structures shall be permitted only if they comply with the appropriate regulations for such uses or structures in Article XIX:
(1)
Residential public utility facilities;
(2)
Houses of worship;
(3)
Community shelters for victims of domestic violence
and community residences for persons with head injuries, either of
the foregoing which house less than 16 persons, excluding resident
staff;
(4)
Uses in the flood area which are also permitted
principal, accessory or conditional uses in the R-150 district;
E.
Bulk and lot regulations. The following bulk and lot
regulations shall apply to all development within the R-150 Zone District:
(2)
Minimum lot width. There shall be a minimum lot width of 100 feet. See §§ 184-117E(1)(b) and 184-118 as they relate to the TAH and LGAH Zones.
(3)
Minimum lot frontage. There shall be a minimum
lot frontage of 75 feet for all lots, except that lots which front
entirely on the outer curve of a curved street shall have a minimum
lot frontage of 40 feet, and further, that lots which front entirely
on a cul-de-sac turnaround shall have a minimum lot frontage of 35
feet.
(4)
Minimum front yard. For interior lots, there
shall be a front yard setback of not less than 30 feet, except when
the provisions related to corner lots apply.
(5)
Minimum side yard. Except as provided below for corner lots, there shall be two side yards totaling 33% or more of lot width. For lots up to 75 feet in width, one side yard shall be at least 13% of lot width, with a minimum of eight feet. The other side yard shall be at least 20% of lot width, with a minimum of 10 feet. For lots greater than 75 feet in width, the side yards shall be at least 10 feet on one side and at least 15 feet on the other. See Table 1. For corner lots, the required side yard shall be regulated by § 184-126D. Notwithstanding the foregoing, patios accessory to and additions and decks attached to a principal building in existence as of the effective date of this subsection may have an eight-foot side yard setback, excluding corner lots, so long as the addition, deck or patio is erected in such a manner that its sides continue in a straight line or are a distance from the side lot line greater than the side of the principal building.
Table 1
| |||
---|---|---|---|
Side Yard Setbacks
| |||
Lot Width
(feet)
|
Minimum Side Yard Setback
(one side yard)
(feet)
|
Minimum Side Yard Setback
(other side yard)
(feet)
| |
50
|
8
|
10
| |
55
|
8
|
11
| |
60
|
8
|
12
| |
65
|
8.5
|
13
| |
70
|
9
|
14
| |
75 or greater
|
10
|
15
|
(6)
Minimum rear yard. There shall be a rear yard
of at least 30 feet in depth.
(7)
Maximum building height. No principal building
shall exceed the maximum of two habitable floors, exclusive of basement.
Maximum height is regulated by Table 2. The height of a proposed addition
may match the existing nonconforming height of the principal dwelling.
Topographic information must be provided, to the satisfaction of the
Borough Engineer, to determine the height of the structure for a new
house or for an addition that is proposed with a taller roofline than
the existing dwelling.
Table 2
| |||
---|---|---|---|
Maximum Building Height
| |||
Lot Width
(feet)
|
Maximum Building Height
(feet)
|
Maximum Building Height
Six Feet from Building Corner
(feet)
| |
50
|
25
|
25.5
| |
55
|
25.5
|
26
| |
60
|
26
|
26.5
| |
65
|
26.5
|
27
| |
70
|
27
|
27.5
| |
75
|
27.5
|
28
| |
Greater than 75
|
28
|
28.5
|
(8)
Maximum building coverage. No more than 20%
of the area of any lot, as measured in the first 120 feet of lot depth,
shall be covered by above-grade buildings and/or structures. Floodplains,
detention basins, decks and patios, as defined herein, shall not be
considered as a building or structure for purposes of computing this
coverage.
(9)
Maximum improvement coverage. No more than 35%
of the area of any lot shall be covered by physical improvements,
including but not limited to any above-grade buildings and/or structures,
as well as at-grade structures, including but not limited to ingress/egress
platforms, sidewalks, parking areas, patios, driveways, swimming pools,
etc.; but including aboveground decks. It is the intention of this
provision that each lot shall have at least 65% of its lot area without
any improvements except vegetation. Flood detention basins as defined
herein shall not be considered as a building, structure or improvement
for purposes of computing this coverage.
F.
Other regulations. In addition to the above requirements,
any development in the R-150 Zone District must comply with all applicable
regulations of this chapter.
[Amended 3-15-2001 by Ord. No. 01-03R; 6-14-2001 by Ord. No.
01-10R; 12-13-2001 by Ord. No. 01-22R; 6-10-2003 by Ord. No.
03-12R; 5-8-2007 by Ord. No. 07-08R]
Since the Borough is an established suburban
residential community, it is the intent to preserve and protect the
established character of its neighborhoods and to encourage a compatible
relationship between new or expanded houses and traditional neighboring
structures that reflect the best of the local character, particularly
in terms of scale, siting, design features and orientation on the
site.
A.
Principal uses and structures. The following principal
uses and structures shall be permitted in the R-75 Zone District:
(1)
Single-family residential uses in detached single-family
residential structures;
(2)
Public parks and playgrounds; and,
(3)
Community shelters for victims of domestic violence
and community residences for persons with head injuries, any of the
foregoing which houses less than 16 persons, excluding resident staff,
as regulated in N.J.S.A. 40:55D-66.1 and 66.2.
(4)
Community residences for the developmentally
disabled.
B.
Accessory uses and structures. The following accessory
uses and structures shall be permitted in the R-75 Zone District:
C.
Conditional uses and structures. The following conditional uses and structures shall be permitted only if they comply with the appropriate regulations for such uses or structures in Article XIX;
(1)
Residential public utility facilities;
(2)
Houses of worship;
(3)
Community shelters for victims of domestic violence
and community residences for persons with head injuries, either of
the foregoing which house more than 16 persons, excluding resident
staff;
(4)
Uses in the flood plain which are also permitted
principal, accessory or conditional uses in the R-75 Zone District;
E.
Bulk and lot regulations. The following bulk and lot regulations shall apply to all development within the R-75 Zone District, except as otherwise set forth in §§ 184-116, 184-117 and 184-118 as they apply to the MAH, TAH and LGAH Zones:
(1)
Minimum lot size. Every lot shall contain a
minimum lot area of 7500 square feet.
(2)
Minimum lot width. There shall be a minimum
lot width of 75 feet. In addition, the average width of the lot shall
be such that there is a minimum lot area of at least 7500 square feet.
(3)
Minimum lot frontage. There shall be a minimum
lot frontage of 50 feet for all lots, except that lots which front
entirely on the outer curve of a curved street shall have a minimum
lot frontage of 40 feet, and further, that lots which front entirely
on a cul-de-sac turnaround shall have a minimum lot frontage of 35
feet.
(4)
Minimum front yard. For interior lots, there
shall be a front yard setback of not less than 30 feet, except when
the provisions relating to corner lots apply.
(5)
Minimum side yard. Except as provided below for corner lots, there shall be two side yards totaling 33% or more of lot width. For lots up to 75 feet in width, one side yard shall be at least 13% of lot width, with a minimum of eight feet. The other side yard shall be at least 20% of lot width, with a minimum of 10 feet. For lots greater than 75 feet in width, the side yards shall be at least 10 feet on one side and at least 15 feet on the other. See Table 1. For corner lots, the required side yard shall be regulated by § 184-126D. Notwithstanding the foregoing, patios accessory to and additions and decks attached to a principal building in existence as of the effective date of this subsection may have an eight-foot side yard setback, excluding corner lots, so long as the addition, deck or patio is erected in such a manner that its sides continue in a straight line or are a distance from the side lot line greater than the side of the principal building.
[Amended 4-21-2010 by Ord. No. 10-03R]
Table 1
| |||
---|---|---|---|
Side Yard Setbacks
| |||
Lot Width
(feet)
|
Minimum Side Yard Setback
(one side yard)
(feet)
|
Minimum Side Yard Setback
(other side yard)
(feet)
| |
50
|
8
|
10
| |
55
|
8
|
11
| |
60
|
8
|
12
| |
65
|
8.5
|
13
| |
70
|
9
|
14
| |
75 or greater
|
10
|
15
|
(6)
Minimum rear yard. There shall be a rear yard
of at least 25 feet in depth.
(7)
Maximum building height. No principal building
shall exceed the maximum of two habitable floors, exclusive of basement.
Maximum height is regulated by Table 2. The height of a proposed addition
may match the existing nonconforming height of the principal dwelling.
Topographic information must be provided, to the satisfaction of the
Borough Engineer, to determine the height of the structure for a new
house or for an addition that is proposed with a taller roofline than
the existing dwelling
Table 2
| |||
---|---|---|---|
Maximum Building Height
| |||
Lot Width
(feet)
|
Maximum Building Height
(feet)
|
Maximum Building Height
Six Feet from Building Corner
(feet)
| |
50
|
25
|
25.5
| |
55
|
25.5
|
26
| |
60
|
26
|
26.5
| |
65
|
26.5
|
27
| |
70
|
27
|
27.5
| |
75
|
27.5
|
28
| |
Greater than 75
|
28
|
28.5
|
(8)
Maximum building coverage. The maximum percentage
of area of any lot to be covered by above-grade buildings and/or structures
shall be regulated by Table 3. Flood detention basins, decks and patios,
as defined herein, shall not be considered as a building or structure
for purposes of computing this coverage.
Table 3
| ||
---|---|---|
Proposed Building Coverage Based On Lot
Size
| ||
Lot Area
(square feet)
|
Maximum Proposed Building Coverage
| |
5,999 or less
|
25%
| |
6,000 to 6,999
|
24.5%
| |
7,000 to 7,999
|
24%
| |
8,000 to 8,999
|
23.5%
| |
9,000 to 9,999
|
23%
| |
10,000 to 10,999
|
22.5%
| |
11,000 to 11,999
|
22%
| |
12,000 to 12,999
|
21.5%
| |
13,000 to 136,999
|
21%
| |
14,000 to 14,999
|
20.5%
| |
15,000 and greater
|
20%
|
(9)
Maximum improvement coverage. No more than 35%
of the area of any lot shall be covered by physical improvements,
including but not limited to any above-grade buildings and/or structures,
as well as at-grade structures, including but not limited to ingress/egress
platforms, sidewalks, parking areas, patios, driveways, swimming pools,
etc., but not including aboveground decks. It is the intention of
this provision that each lot shall have at least 65% of its lot area
without any improvements except vegetation. Flood detention basins
as defined herein shall not be considered as a building, structure
or improvement for purposes of computing this coverage.
F.
Other regulations. In addition to the above requirements,
any development in the R-75 Zone District must comply with all applicable
regulations of this chapter.
B.
Additional regulations.
(1)
Twenty percent of the single-family units shall
be affordable to low- and moderate-income families. One-half of the
affordable units shall be affordable to low-income families, and 1/2
shall be affordable to moderate-income families. At the discretion
of the Governing Body, and with the consent of the Council on Affordable
Housing, such a requirement may be met through a combination of a
developer contribution towards funding the transfer of units to another
municipality pursuant to an RCA and construction of one affordable
unit in either the MAH Zone or one additional affordable unit on the
TAH Zone if that property is developed by the same developer as the
MAH Zone, which combination shall be the equivalent of 20% of development
in the MAH Zone. The developer's monetary contribution in lieu of
constructing affordable housing units shall help fund the RCA. To
the extent that the Borough, pursuant to the RCA, must pay money to
another municipality before it receives payment from the developer,
an escalation fee shall accrue on the in lieu payment. The escalation
fee shall be the percent change between the average sales price of
kinds of new one-family houses sold compared with that of house actually
sold, as reported in Current Construction Reports: New One Family
Houses Sold, issued by the United States Department of Commerce ("USDOC"),
for the month of each payment made by the developer.
(2)
The affordable housing units constructed shall
be sized and restricted by affordability as follows: Any affordable
housing unit shall be three bedrooms in size and affordable to a moderate-income
household.
(3)
Notwithstanding the Borough standards for streets,
the following street standards shall apply:
(a)
The right-of-way width of a public street shall
not be less than 40 feet.
(b)
The paved cartway width of a public street shall
not be less than 28 feet.
(c)
No sidewalks shall be required within a public
street right-of-way. However, all utilities shall be placed underground
within a two-foot utility strip adjacent to the cartway.
(d)
Shade trees shall be planted at fifty-foot intervals
within the right-of-way of the public street only along the westerly
side of the street and around the cul-de-sac to the point where the
cul-de-sac meets the westerly P.S.E. & G. property line immediately
adjacent to the MAH Zone.
(e)
A cul-de-sac shall have a right-of-way diameter
of not less than 92 feet and a paved cartway diameter of not less
than 80 feet.
(f)
Two off-street parking spaces shall be required
for every lot. Driveway spaces of at least 10 feet in width by 20
feet in length or an enclosed garage shall count as one space.
(g)
On-street parking shall be permitted on only
the easterly side of the public street, and not on the cul-de-sac.
Such on-street spaces shall not count toward satisfying the required
off-street parking requirements.
(h)
The maximum width of the curb cut for driveways
shall be 12 feet. The maximum width of a driveway in the front or
side yard shall be 10 feet. The setback of a driveway to a side property
line shall be two feet. No two driveways shall be located in adjacent
side yards except as other wise provided in the developers agreement
for the MAH Zone.
(4)
Only a one-car garage may face the public street
as part of the principal structure. Two-car garages shall be permitted
only in the rear, attached to a principal structure, or as a detached
accessory structure. If no enclosed garage is provided as part of
the principal structure facing the street, the front yard setback
of the principal structure may be reduced from 25 feet to 20 feet.
(5)
A continuous evergreen vegetative screen not
consisting of trees and at least five feet in planted height, shall
be provided along the westerly PSE&G property line immediately
adjacent to the MAH Zone, from a point where the easterly property
line of the MAH Zone meets Midway Avenue, and south 190 feet, and
excluding the approximately thirty-foot entranceway of the proposed
emergency access road across the P.S.E. & G. property.
(6)
All principal and accessory structures shall
have peaked roofs.
C.
Phasing. In the event that the developer does not
transfer the affordable unit from the MAH Zone to the TAH Zone, final
site plan approval shall be contingent upon the development meeting
the phasing schedule set forth in the developers agreement for the
MAH Zone, i.e., the affordable housing unit shall be built so that
the certificate of occupancy (temporary or permanent) for that unit
is obtained prior to the issuance of a certificate of occupancy (temporary
or permanent) for the sixth, seventh or eighth units proposed for
the MAH Zone.
D.
Location. The affordable housing unit shall not be
located on any lot that fronts on Midway Avenue.
E.
Orientation. Principal structures on lots abutting
Midway Avenue must have a primary or secondary orientation of an entrance
door and walkway to Midway Avenue. No accessory structure, including
but not limited to garages, swimming pools, or sheds, shall be permitted
in the yard between the principal structure and Midway Avenue. A driveway
may be permitted from Midway Avenue.
F.
Principal structures shall be at least 16 feet apart
on adjacent lots unless otherwise provided in the developers agreement
for the MAH Zone.
G.
All utilities shall be underground, including telephone,
electric and outdoor lighting and CATV lines. The developer shall
install fire hydrant(s) at locations specified by the Borough Engineer,
Fire Official and Public Safety Officer in accordance with the RSIS.
Such hydrant(s) shall be provided with the appropriate water pressure
and otherwise be adequately maintained by the Borough.
H.
The developer shall pay to the Borough or the HMFA
directly for the cost of the Borough's contracting with the HMFA to
use the AHMS, or a designated administrative agent selected by the
Borough, to market and properly restrict for occupancy affordable
housing units constructed in this Zone, upon written notification
from the Borough that marketing will commence. All funds paid by the
developer shall be the property of the Borough immediately and shall
not be refundable.
I.
Accessory structures shall not be permitted in the
front yard. Accessory structure setbacks shall be five feet from the
rear lot line and two feet from the side lot line.
J.
A 12 feet by 12 feet deck or patio shall be permitted
as part of the principal structure of any lot notwithstanding the
setback requirement so long as the deck is no closer than 15 feet
to the rear property line and the patio shall not be closer than 12
feet to the rear property line.
K.
An emergency access road across the P.S.E. & G.
property shall be located in accordance with the developers agreement
for the MAH Zone.
L.
Except as otherwise indicated below, the following
provisions shall apply to the LGAH, TAH, MAH Zones and where inconsistent
with the general provisions, these provisions shall govern:
[Amended 6-14-2001 by Ord. No. 01-10R; 12-13-2001 by Ord. No.
01-22R]
(1)
For one-family dwellings, two parking spaces,
not less than nine feet by 20 feet in area, shall be required for
each unit on the same lot as they are intended to serve. An access
driveway may be considered in meeting this requirement, provided that
no more than one such space shall be located within the required front
yard setback and no more than two feet from the side property line.
Garage spaces shall be considered in meeting this requirement. No
more than one garage space shall face a public street. No parking
area for a single-family home shall have more than one access driveway
with a curb cut no greater than 12 feet and a width no greater than
10 feet at the property line or within the required front yard setback;
except where a two car garage is permitted, the curb cut including
radii shall not exceed 24 feet in width and the driveway shall not
exceed 18 feet in width. The setback of a driveway to a side property
line shall not exceed two feet. No access driveway shall be located
within an intersection or within 25 feet thereof. Any two driveways
may be located in adjacent side yards only if shown in that manner
in the developers agreement related to that zone.
(2)
All off-street parking areas shall be surfaced
with a dustless, durable, all-weather pavement of stone, concrete,
asphalt or a similar material.
M.
The following criteria shall be considered in determining
rents and sale prices of affordable housing units, unless otherwise
provided in a developer's agreement between the developer and the
Borough and approved by COAH:
Unit Size
|
Household Size
| |
---|---|---|
Efficiency units
|
1 person
| |
One-bedroom units
|
2 persons
| |
Two-bedroom
|
3 persons
| |
Three-bedroom
|
5 persons
| |
Four-bedroom
|
7 persons
|
(1)
The average selling price of units in each unit
size category shall not exceed a price affordable to a household earning
57.5% of median, adjusted for household size.
(2)
To ensure that units are affordable throughout the range set forth in Subsection M(1) above, the developer shall establish a range of stratified prices of sales units for the low- and moderate-income units, for each unit size. The developer shall provide, to the extent practicable, for the following distribution of sales prices for every 20 low- and moderate-income units:
Low:
|
1 at 40.0% through 42.5%
| |
3 at 42.6% through 47.5%
| ||
6 at 47.6% through 50.0%
| ||
Moderate:
|
1 at 50.0% through 57.5%
| |
1 at 57.6% through 64.5%
| ||
1 at 64.6% through 68.5%
| ||
1 at 68.6% through 72.5%
| ||
2 at 72.6% through 77.5%
| ||
4 at 77.6% through 80.0%
|
(3)
Sales prices shall be considered affordable
where the household purchasing the unit will not spend more than 28%
of gross household income, after a 5% down payment, including the
monthly principal, interest, taxes, insurance and homeowners' association
fees, if any. In making these calculations, the following considerations
shall govern:
(a)
Mortgage payments shall be determined on the
basis of a thirty-year fixed-rate mortgage at the prevailing interest
rates obtainable from at least two major lenders active in Union County.
(b)
Property taxes shall be determined by applying
the equalized property tax rate in the Borough currently in effect
to the proposed selling price of the unit.
(c)
The developer shall use the best available assumptions
to determine the insurance and homeowners' associations fees, if any,
to be applied to the units.
(d)
Homeowners' association fees, if any, shall
be set at a specific percentage of those paid by market purchasers.
This percentage must be included in the master deed of any inclusionary
development.
(4)
Rental prices shall be considered affordable
where the household renting the affordable housing unit will not spend
more than 30% of gross household income for rent, including utilities.
Maximum rent shall be calculated as a percentage of the regional median
income adopted by the COAH that applies to the rental housing unit.
The allowance for utilities shall be the personal benefit allowance
for utilities as defined by HUD.
N.
Prohibited uses. All uses prohibited in the LGAH Zone
shall be prohibited.
[Added 4-11-2001 by Ord. No. 01-06R]
A.
Permitted uses; phasing; utilities. The following
uses shall be permitted in the TAH Zone:
(2)
Secondary uses.
(a)
For detached one-family dwellings, all secondary
uses permitted in the R-150 Zone shall be permitted, except for the
following:
[1]
Garages shall not be in excess of 250 square
feet of floor area.
(b)
For townhouse uses, all secondary uses permitted in the LGAH Zone for townhouse uses shall be permitted, except those set forth in §§ 184-118A(2)(b) and (c).
(3)
Phasing. Final site plan approval of the development
shall be contingent upon the development meeting the following phasing
schedule:
(a)
If the affordable housing unit is transferred
from the MAH Zone to the TAH Zone, then unless COAH has authorized
a different schedule for the affordable units to be built, the certificate
of occupancy (temporary or permanent) for the first two affordable
housing units shall be obtained prior to the issuance of a certificate
of occupancy (temporary or permanent) for the eighth market unit;
the third affordable housing unit shall be obtained prior to the issuance
of a certificate of occupancy (temporary or permanent) for the 13th
market unit; and the fourth affordable housing unit shall be obtained
prior to the issuance of a certificate of occupancy (temporary or
permanent) for the 14th market unit. Title on the affordable housing
unit does not have to close before certificates of occupancy (temporary
or permanent) are obtained on the subsequent units.
(b)
If the affordable housing unit is not transferred
from the MAH Zone to the TAH Zone, then unless COAH has authorized
a different schedule for the affordable units to be built, the certificate
of occupancy (temporary or permanent) for the first two affordable
housing units shall be obtained prior to the issuance of a certificate
of occupancy (temporary or permanent) for the eighth market unit;
and the third affordable housing unit shall be obtained prior to the
issuance of a certificate of occupancy (temporary or permanent) for
13th market unit. Title on the affordable housing units does not have
to be conveyed before the certificates of occupancy (temporary or
permanent) on the subsequent units are obtained.
(c)
The first two affordable housing units are to be located in one and/or the other duplex fronting on a local street and the third affordable housing unit, and the fourth affordable housing unit if the option referred to in Subsection A(3)(a) above is exercised, shall be located in any of the duplexes whether or not fronting on a local street.
(4)
All utilities shall be placed within a two-foot
utility strip adjacent to the cartway and, where possible, shall be
underground, including telephone, electric and outdoor lighting and
CATV lines. The developer shall install fire hydrant(s) at locations
specified by the Borough Engineer, Fire Official and Public Safety
Officer, in accordance with the RSIS. Such hydrant(s) shall be provided
with appropriate water pressure and otherwise be adequately maintained
by the Borough.
B.
Prohibited uses. For townhouse uses, all uses prohibited
in the LGAH Zone shall be prohibited.
C.
Additional regulations for townhouse development shall
be as follows:
(1)
As it relates to the townhouses which are designated
for affordable housing units, the distribution of the affordable housing
units shall be as follows:
(a)
One unit shall be at least a one-bedroom of
at least 750 square feet in size and shall be affordable to a low-income
household; and
(b)
Two units shall be two-bedroom of at least 900
square feet in size, one of which shall be affordable to a low-income
family and one of which shall be affordable to a moderate-income family.
(c)
In the event that the developer exercises its
option to move the affordable housing unit from the MAH Zone to the
TAH Zone, the fourth unit shall be affordable to a moderate income
family.
(2)
Reasonable efforts to design and build each
of the duplexes in such a manner as to give each of them an appearance
of a single-family home from the exterior (hereinafter "single-family
effort"), shall be employed, except two separate front entrances will
be permissible and two garages tangent to each other will also be
permissible ("exceptions"). The Borough Engineer is hereby delegated
with the authority, on behalf of the Borough, to review, comment upon,
accept, and/or reject all design submissions with respect to the single-family
effort ("Engineer's determination"), taking into consideration the
Exceptions. The Borough Engineer is also delegated with the authority
to determine that actual construction of the duplexes satisfies the
approved design for the front and side elevations. The Borough Engineer
shall make the Engineer's determination within 21 days of receipt
of the elevation plans and so advise, within that time period, as
to the specific modifications required to have the proposed elevations
satisfy the single-family effort. Any modifications must be reasonable
in scope, design and cost of construction for the purpose of achieving
the single-family effort. If the determination or any subsequent review
of any modification is not provided in a timely manner, then the proposed
elevations shall be deemed acceptable by the Borough to satisfy the
single-family effort.
(3)
The minimum setback from the rear and side property
lines for unattached garages shall be four feet.
(4)
The developer shall pay to the Borough or the
New Jersey Housing Mortgage Finance Agency ("HMFA") directly for the
costs of the Borough's contracting with Affordable Housing Management
Service ("AHMS"), or a designated administrative agent selected by
the Borough, to market and properly restrict for occupancy the four
affordable dwelling units, or if applicable the three affordable dwelling
units, upon written notification from the Borough that marketing will
commence.
D.
Additional regulations for one-family dwellings and
townhouses.
(1)
Notwithstanding the Borough standards for streets,
the following street standards shall apply:
(a)
The right-of-way width of the public street
shall be not less than 50 feet and the paved cartway width shall not
be less than 30 feet, unless otherwise shown on a final subdivision
and site plan approved by the Planning Board prior to June 1, 2000.
(b)
Culs-de-sac shall have a right-of-way diameter
of not less than 100 feet, and a paved cartway diameter of not less
than 90 feet, unless otherwise shown on a final subdivision and site
plan approved by the Planning Board prior to June 1, 2000.
(c)
A sidewalk may be constructed along the cul-de-sac.
No sidewalks shall be required except on lots fronting on Terrill
Road, and as otherwise shown on a final subdivision and site plan
approved by the Planning Board prior to June 1, 2000.
(d)
Paved walkways to the entrance door of all lots
shall be provided for pedestrian movement and access, unless otherwise
shown to the contrary on a final subdivision and site plan approved
by the Planning Board prior to June 1, 2000.
(e)
Shade trees shall be placed at no greater than
fifty-foot intervals along both sides of the local street and around
the cul-de-sac. No existing trees on the property shall be removed
without prior approval, except where the location of an existing tree
interferes with the location of the house as shown in the developers
agreement for the TAH Zone, the area within 12 feet of the footprint
for the house as shown in the developers agreement for the TAH Zone,
and/or the location of the driveway as shown in the developers agreement
for the TAH Zone.
(2)
Only a one-car garage may face a county road
as part of a principal structure. Two-car garages shall be permitted
if facing onto a local road or if placed in the rear of the lot, either
attached to the principal structure or as a detached accessory structure.
(3)
Principal structures shall be at least 15 feet
apart on adjacent lots, except if otherwise shown in the developers
agreement for the TAH Zone.
(4)
Accessory structures shall not be permitted in the front yard. Accessory structure setbacks shall be five feet from the rear lot line and two feet from the side lot line, except as shown in the developers agreement for the TAH Zone. Reference is made to § 184-134 as it relates to accessory uses and structures in residential zones, which section shall only be applicable so long as it does not conflict with any other provision of this § 184-117.
(5)
For one-family and townhouse dwellings, two
parking spaces, not less than nine feet by 20 feet in area, shall
be required for each unit on the same lot as they are intended to
serve. An access driveway may be considered in meeting this requirement,
provided that no more than one such space shall be located within
the required front yard setback and no more than two feet from the
side property line. Garage spaces shall be considered in meeting this
requirement. No more than two garage spaces may face a local street
but not a county road. No parking area for a single-family home shall
have more than one access driveway with a curb cut no greater than
12 feet and a width no greater than 10 feet at the property line or
within the required front yard setback; except where a two car garage
is permitted, the curb cut including radii shall not exceed 24 feet
in width and the driveway shall not exceed 18 feet in width. The setback
of a driveway to a side property line shall not exceed two feet. No
access driveway shall be located within an intersection or within
25 feet thereof Any two driveways may be located in adjacent side
yards only if shown in that manner in the developers agreement related
to that zone.
[Amended 12-13-2001 by Ord. No. 01-22R]
(6)
All principal and accessory structures shall
have peaked roofs.
(7)
Where a two-car garage faces onto a local road,
the curb cut including radii shall not exceed 24 feet in width and
the driveway shall not exceed 18 feet in width. In all other instances,
the maximum curb cut shall be 12 feet and the maximum width of a driveway
in the front or side yard shall be 10 feet. The setback of a driveway
to a side property line shall be two feet. Any two driveways may be
located in adjacent side yards only if shown in that manner in the
developers agreement for the TAH Zone.
(8)
A fifteen-foot wide drainage easement shall
be provided along the southerly property line of the TAH Zone, running
through the back yards of Lots 10, 11, and 12 as identified in the
developers agreement for the TAH Zone. Said easement may then run,
either through the rear of Lot 13 and the side of Lots 15.01 and 15.02
to the county road, or through Lots 13, 14.01 and 14.02, and/or 15.01
and 15.02 to the local street.
(9)
All standards for setbacks, location of building,
off-street parking spaces and driveways shall be in accordance with
the Borough Code, except as set forth in this section or as otherwise
shown in the developers agreement for the TAH Zone.
E.
Lot, area and yard requirements for townhouses.
[Amended 6-14-2001 by Ord. No. 01-10R]
(1)
(2)
(3)
The three duplexes, containing six townhouse
units, shall be zero lot line units as to the common walls with the
other townhouse in the same duplex and the lots shall be sized as
shown in the developers agreement for the TAH Zone.
A.
Permitted uses. The following uses shall be permitted
in the LGAH Zone:
(2)
Secondary uses.
(a)
For detached one-family dwellings, all secondary
uses permitted in the R-150 Zone shall be permitted.
(b)
For townhouse uses, the following shall be permitted:
(c)
Garages not in excess of 250 square feet of
floor area.
(d)
Signs, trellises, lampposts and fences.
(e)
Trash bins or refuse containers, provided that
they are enclosed on all sides by a six-foot-high solid fence or wall
enclosure, the design and material for which is compatible with that
of the principal structure or structures on the lot.
B.
Prohibited uses. The following uses shall be prohibited
in the portion of the LGAH Zone which is used for townhouse development:
(1)
Storage building, outdoor storage or the outdoor
storage of commercial vehicles, boats or recreational vehicles.
(2)
Animal shelters or enclosures for pets.
(3)
Decks or patios, except that front entry porches
adjacent to enclosed garages shall be permitted.
(4)
Swimming pools, either aboveground or in-ground.
(5)
Residential professional offices or home occupations.
C.
Additional regulations for townhouse uses in the LGAH
Zone.
(1)
Twenty percent of the townhouse units shall
be affordable to low- and moderate-income families, and no less than
50% of the townhouse units shall be no less than two bedrooms in size.
One-half of the affordable units shall be affordable to low-income
families, and 1/2 shall be affordable to moderate-income families.
At the discretion of the Mayor and Borough Council, and with the consent
of the Council on Affordable Housing, such a requirement may be met
through a contribution towards funding the transfer of units to another
municipality pursuant to a regional contribution agreement, in lieu
of providing the units on site.
(2)
Adjacent structures shall be varied with respect
to building lines, roof lines, architectural detail regarding treatment
and design of entrance to the unit, facade setbacks and window placement.
However, architectural design, including the type and color of facade
materials, shall be consistent throughout.
(3)
All roofs for both principal and accessory structures
shall have a roof pitch of at least one in two and no more than one
in one.
(4)
Any room on the second story or half story above
the second story which is not a bathroom or a utility room containing
a washer, dryer, utility tub, water heater, heating unit and/or HVAC
unit, and which exceeds 60 square feet in size, shall be counted as
a bedroom. No unit shall contain more than three bedrooms. Finished
attic space accessible by stairs shall count as bedroom space.
(5)
All unpaved surfaces of the property shall be
landscaped with a combination of lawn, shrubs and trees. A continuous
buffer of evergreen trees or shrubs whose planting height shall be
at least six feet shall be provided along the boundary line where
the adjacent use is an apartment or townhouse use. Such trees or shrubs
shall be planted 12 feet on center. A buffer of a combination of berms,
trees and/or shrubs shall be provided in the yard adjacent of LaGrande
Avenue. In addition to the buffer areas, at least two trees with a
minimum caliper of 2 1/2 inches and six feet in height shall
be planted for every unit, elsewhere on the property. None of the
plantings, however, shall be located within utility easements or disturb
sight lines for ingress to or egress from the property.
(6)
A sidewalk along public streets may be provided,
but not within the property. However, walkways shall be provided for
pedestrian access and movement within the property.
(7)
Adequate artificial lighting shall be provided
in all driveway, off-street parking and pedestrian walkway areas.
Fixtures shall be arrayed so that the direct source of light is not
visible to any adjacent residential property.
(8)
All utilities, where possible, shall be underground,
including telephone, electric and outdoor lighting and CATV lines.
The developer shall install fire hydrant(s) at locations specified
by the Borough Engineer, Fire Official and Public Safety Officer.
Such hydrant(s) shall be provided with appropriate water pressure
and otherwise be adequately maintained by the Borough.
(9)
Adequate provision shall be made for the orderly
collection and disposal of trash, solid waste and recyclables in accordance
with the law.
(10)
The regulations for affordable housing controls
set forth in § 184-111J.
(12)
Two off-street parking spaces not less than
nine feet by 18 feet shall be required for one-bedroom units, and
2 1/2 spaces shall be provided for two- or more bedroom units.
Such spaces shall not be located within the required front yard setback
and shall be setback at least 15 feet from side or rear property lines.
A driveway of no less than 18 feet and no more than 24 feet in width
shall be provided for access to off-street parking areas. A turnaround
at the end of the driveway shall be provided. The turnaround shall
be signed and striped to prohibit off-street parking and loading.
[Added 6-14-2001 by Ord. No. 01-10R]
D.
Phasing. Final site plan approval of the townhouse
development shall be contingent upon the development meeting the following
phasing schedule:
Minimum Percentage of Low and Moderate
Units Completed
|
Percentage of Market Housing Units Completed
| |
---|---|---|
0%
|
25%
| |
10%
|
25% + 1 unit
| |
50%
|
50%
| |
75%
|
75%
| |
100%
|
90%
| |
--
|
100%
|
E.
The developer shall pay the Borough or the New Jersey
Housing and Mortgage Finance Agency (HMFA) directly for the cost of
the Borough's contracting with the HMFA to use the Affordable Housing
Management Service to market and properly restrict for occupancy affordable
housing units constructed in this zone, upon written notification
from the Borough that marketing will commence.
[Amended 12-14-2010 by Ord. No. 10-20R; 5-18-2015 by Ord. No. 15-07R]
The Commercial Corridor (CC) District is the main commercial
artery through Fanwood Borough. Its pattern of development, and that
of suburban corridors throughout the United States, has been most
influenced by a focus on accommodating the automobile. Over time,
auto-centric development results in a number of undesirable outcomes,
including overpaving of land to maximize parking and expedite vehicle
entry and exit; a separation of uses where individual properties are
disconnected from their surroundings; and less attention paid towards
the pedestrian experience, good design and the aesthetic environment.
More recently, redevelopment and investment in downtown Fanwood
has started to reverse this trend as compact, mixed-use developments
take shape within the heart of the corridor. New developments within
the adjoining Block 64 Redevelopment Area, for example, feature attractive,
highly articulated buildings and site design that caters to the pedestrian
experience. The regulations for the CC districts are intended to expand
on this progress. The purpose of the CC District is to accommodate
vehicles, pedestrians and transit users; stimulate pedestrian use
of the corridor; develop attractive buildings and appealing site design;
minimize visibility of parking lots and automobile accommodations;
and create a visually stimulating and economically viable commercial
corridor.
A.
Districts. The Commercial Corridor District is comprised of the following
districts.
(1)
Commercial Corridor Western (CC-W). The CC-W District serves
as the western gateway into Fanwood Borough and contributes to the
visitors' first impressions of the Borough. Commercial uses, such
as office, restaurant, grocery, and personal service establishments,
mix with artisan, light industrial, and small manufacturing enterprises.
The district can accommodate a wide range of creative, maker and innovation/start-up
businesses, as well as live-work units to meet the needs of entrepreneurs,
small businesses and professionals. Businesses in the CC-W have a
regional draw and are important to the Borough's business economy.
Building form, quality of architecture, and attention to site design
are of greater importance to the appearance of the corridor than the
uses taking place within building confines. Buildings are set back
from the street to create a sense of openness and feature an attractively
landscaped, green edge along South Avenue. Deeper lots are able to
effectively accommodate vehicle parking in the rear yard, which is
screened from South Avenue by attractive buildings, walls and landscaping.
To that extent, the vacation of Old South Avenue is desirable to create
lots of adequate depth and area, and to continue the street wall along
South Avenue. The CC-W District should be comfortable and attractive
for pedestrians. Special attention should be paid to the landscaping,
signage, landmarks, and streetscaping where South Avenue intersects
with Terrill Road to create a welcoming western gateway to Fanwood.
(2)
Commercial Corridor Central (CC-C). The purpose of the CC-C
District, similar to the downtown/Block64 Redevelopment District,
is to create a vibrant, pedestrian-oriented and mixed-use downtown
in the style of a transit village. The CC-C District and the adjacent
Block 64 Redevelopment Area are the heart of downtown Fanwood. Within
the ground floor spaces, there are convenience and specialty retail
shops, personal services, and indoor and outdoor dining establishments
that create an uninterrupted retail frontage to stimulate pedestrian
movement. Residential, office and other appropriate uses occupy the
upper stories. Window shopping and the programmed use of public spaces
lead to lively street activity. Uses which are automobile-oriented,
have low customer turnover, or create gaps in the retail frontage
are not permitted. The CC-C District accommodates a wide range of
visitors, including tourists that have come to shop, dine and spend
time downtown; commuters taking advantage of downtown amenities to
and from Fanwood Station; and the year-round resident and employee
patrons of downtown Fanwood.
(3)
Commercial Corridor Eastern (CC-E). The CC-E District forms
the easterly gateway to downtown Fanwood. Stand-alone buildings are
set back further from the street to create a green edge along South
Avenue. The characteristically suburban feel creates a defining boundary
to the compactly developed downtown corridor immediately to the west.
The larger-sized lots accommodate uses such as multifamily residential,
senior housing, offices, and mixed-use development. Building architecture
in the CC-E District reflects a residential character.
B.
Uses.
[Amended 12-3-2018 by Ord. No. 18-19R]
(2)
Permitted uses. Permitted uses are noted in the table below
with an "X."
(3)
Conditional uses. Conditional uses are noted in the table below with a "C." See Article XIX, Conditional Uses.
Use
|
CC-W
|
CC-C
|
CC-E
| |
---|---|---|---|---|
Commercial
| ||||
Retail sales stores
|
X
|
X
|
X
| |
Convenience store
|
X
|
X
|
X
| |
Personal service establishments
|
X
|
X
|
X
| |
Retail bakery
|
X
|
X
|
X
| |
Full service grocery, supermarket
|
X
| |||
Gourmet/specialty food stores under 10,000 square feet
|
X
|
X
|
X
| |
Wine and liquor shops
|
X
|
X
|
X
| |
Microbrewery/wineries
|
X
| |||
Beauty salon, nail salon, barbershop
|
X
|
X
|
X
| |
Tattoo parlor
|
X
| |||
Spa service establishments
|
X
|
X
|
X
| |
Fitness, health clubs, gyms
|
X
|
X
|
X
| |
Yoga, dance, martial arts, fitness studios
|
X
|
X
|
X
| |
Pet grooming
|
X
|
X
|
X
| |
Drugstore, pharmacy
|
X
|
X
|
X
| |
Dry cleaning and laundry
|
X
|
X
|
X
| |
Retail banking
|
X
|
X
|
X
| |
Candy, ice cream shop
|
X
|
X
|
X
| |
Delicatessen
|
X
|
X
|
X
| |
Restaurants, cafes
|
X
|
X
|
X
| |
Bar, tavern, lounge
|
X
|
X
|
X
| |
Arcade, pool hall, bowling
|
X
| |||
Animal hospital, veterinarian clinic, and kennels
|
X
| |||
Funeral home
|
X
| |||
General, business, professional office
|
X
|
X1
|
X
| |
Laboratory (medical, dental)
|
X
|
X
| ||
Hotels, bed-and-breakfasts
|
X
|
X
| ||
Civic/Institutional
| ||||
Theater for performing arts
|
X
|
X
| ||
Cultural uses (museum, gallery, library)
|
X
|
X
|
X
| |
Adult care/assisted living facility
|
C
|
C
| ||
Medical facilities under 10,000 square feet
|
X
|
X
| ||
Day-care center
|
X
|
X
| ||
Houses of worship
|
C
|
C
| ||
Art, music, dance or business schools
|
X
|
X
| ||
Government/public uses
|
X
|
X
| ||
Parks, playgrounds, gardens
|
X
|
X
|
X
| |
Community center, senior center
|
X
|
X
| ||
Business, vocation, technical schools
|
X
| |||
Nonprofit membership organizations
|
C
| |||
Artisanal/Light Industrial/Other2
| ||||
Craftsman industrial, artisanal studio or workshop under 20,000
square feet, with 20% GFA for showroom at the front of the building
|
X
| |||
Printing, sign making
|
X
| |||
Furniture showroom stores
|
X
| |||
Business incubators
|
X
| |||
Telecommunications towers, antennas
|
C
| |||
Residential
| ||||
Residential over commercial (units above the first or ground
floor), having a minimum habitable floor area of 600 square feet
|
X
|
X
|
X
| |
Residential flats/apartments, including on the first or ground
floor
|
X
|
X
| ||
Live-work units
|
X
|
X
|
X
| |
Permitted Accessory Uses
| ||||
Uses which are customary and incidental to a permitted principal
use
|
X
|
X
|
X
| |
Outdoor dining (for permitted restaurant only)
|
X
|
X
|
X
| |
Solar panels
|
X
|
X
|
X
| |
Water cisterns
|
X
|
X
|
X
| |
Parking structure
|
X
|
X
|
X
|
NOTES:
| ||
1
|
No more than 25% of the total first floor building square footage
fronting on South Avenue and Martine Avenue may be used for office
spaces.
| |
2
|
Artisanal and uses of an industrial nature must occur fully
within the interior of a building and are limited to uses that will
not produce excessive dust, smoke, refuse, odor, fumes, noise, vibration
or harmful emissions.
|
(4)
Prohibited uses.
(a)
Fast food or drive-in restaurant establishments.
(b)
Drive-through uses.
(c)
Sexually oriented businesses.
(d)
Night clubs and dance halls.
(e)
Wholesale bakeries.
(f)
Food and beverage production, except for small artisanal uses
as permitted.
(g)
Superstore, warehouse, bulk retail store formats.
(h)
Industrial uses, warehouses, manufacturing or any use that creates
smoke, noise, dust, fumes or other nuisance.
(i)
Discount stores offering merchandise at fixed prices, such as
"dollar" or "five dollar" stores.
(j)
Pawn shops, check-cashing businesses.
(k)
Lumber yards, material salvage yards, junkyards.
(l)
New or used sale of automobiles, trucks, boats.
(m)
Auto service, repair, parts supply, rental or storage.
(n)
Gasoline filling stations.
(o)
Car wash.
(p)
Garden store or nursery.
(q)
Hospital, medical facilities over 10,000 square feet.
(r)
Medical rehabilitation centers.
(s)
Boardinghouses, rooming houses.
(t)
Private clubs, lodges and fraternal organizations.
(u)
Commercial antennas.
(v)
Computer server housing facility.
(w)
Surface parking areas as a principal use.
(x)
Self-storage facilities.
(y)
Archives, records, document processing.
(z)
Utility substation.
(aa)
Vehicle towing facility.
(bb)
Taxicab and limousine services.
(cc)
Waste handling, transfer stations, recycling facilities.
(dd)
Cemeteries.
C.
Site requirements for all CC Districts.
(1)
General requirements.
(b)
Building siting.
[1]
Front yard setbacks. A building may not be sited closer to the
front property line than the minimum required front setback, nor further
from the front property line than the maximum required front setback.
Corner lots shall be treated as having two front setbacks. Building
components, such as awnings, roof overhangs, eaves, balconies, or
bay windows, may encroach into the setback area up to three feet,
unless otherwise specified. Front setback areas shall be used for
landscaped open space, wide sidewalks, enhanced building entrance
areas, pedestrian seating, or plaza space and must be landscaped or
hardscaped for an appealing appearance from the street. Parking is
not permitted in the front yard in the CC Districts.
[3]
Side yard setbacks. Where a side yard setback is provided, it must be sufficient in size to accommodate a driveway, alley, or pedestrian walkway, as appropriate. Where a side yard adjoins a residential district, the minimum building setback shall be sufficient to provide for an adequate year-round vegetative buffer in accordance with § 184-104D, but in no case shall be less than 10 feet.
[4]
Rear yard setbacks. The rear yard shall be sufficient in size to provide for off-street parking and pedestrian connections to the building and the street. Where a rear yard adjoins any property in a residential district, the minimum building setback shall be sufficient to provide for an adequate year-round vegetative buffer in accordance with § 184-104D, but in no case shall be less than 10 feet.
[5]
Lot coverage. The physical improvements on any lot, including
all buildings, structures, pavement and other impervious surfaces,
must not exceed the maximum permitted lot coverage as specified for
the district.
(c)
Building height. The height of a building shall be measured
in both stories and feet.
[1]
Building height, stories. Floor height is measured between the
finished floor of a story to the finished floor of the story above
it. The floor height of the uppermost story shall be measured from
the finished floor to the tallest point of the ceiling. Where permitted,
half stories shall be under a pitched roof with street-facing dormer
windows.
[2]
Building height, feet. Building height is measured from the
average front facade grade to the top of the parapet for flat roof
structures ("a") to the top of the deck for mansard roofs ("b") and
to the midpoint height between the eaves and ridge in the case of
a pitched roof ("c"), as indicated in the figure below. In the case
of multiple roofs, the roof with the greatest height shall determine
building height.
[3]
Building height, exceptions.
[a]
Corner elements. Where specifically permitted,
and to create a visual focal point and variations in roof lines, buildings
located on a corner lot along South Avenue may be permitted additional
height, or an architectural element such as a tower. The additional
height is permitted for the portion of the building closest to the
street intersection, and extending proportionally, a maximum distance
along each street-facing facade of 1/3 or 25 feet, whichever is less.
[b]
Exempt elements. Elements that are exempt from
building height requirements include chimneys, cupolas, bell towers,
minarets, spires and ornamental towers. Where such features are intended
for occupancy, however, they shall not be considered exempt.
[4]
Permitted roof types. Permitted roof types include pitched roofs,
parapet roofs, and towers. Flat roofs may be permitted with a defining
cap, such as a decorative parapet.
[a]
Pitched roof. A pitched roof may be hip or gable,
or a combination of hips and gables. Dormers on pitched roofs are
encouraged. A gambrel roof may be used in combination with other sloped
roof types. A mansard roof may be employed only with dormers. Where
the ridgeline of a roof runs parallel to the front lot line, a gabled
end or perpendicular ridgeline shall occur at least every 20 feet.
For Victorian architecture, the roof should be steeply pitched (i.e.,
8:12 to 14:12).
[b]
Parapet roof. A parapet wall may project above
a flat or pitched roof along the perimeter of the building. A parapet
may extend a minimum height of two feet and a maximum height of six
feet, as measured from the top of the upper story to the top of the
parapet. The parapet shall be high enough to screen rooftop mechanical
systems or any roof appurtenances from the view of the streets. A
horizontal expression line shall define the parapet from the uppermost
story of the building and shall also define the top of the cap.
[c]
Tower roof. A tower is a rectilinear or cylindrical
vertical element that must be used with other roof types. No building
shall have more than one tower. The maximum tower height, measured
from the top of the parapet or eave to the top of the tower, shall
be the equivalent of the height of one upper floor of the building.
The maximum width along all facades is 1/3 the width of the front
facade. A horizontal expression line shall define the tower from the
upper stories. The tower may be capped by the parapet, pitched roof,
round dome, or other cap approved by the Board.
(2)
CC-W District requirements.
Bulk Requirements
|
Minimum
|
Maximum
| ||
---|---|---|---|---|
Lot
| ||||
Lot area
|
19,500 square feet
|
—
| ||
Lot width
|
100 feet
|
—
| ||
Building siting
| ||||
Front property line coverage
|
65%
|
—
| ||
Front setback
|
10 feet
|
20 feet
| ||
Front setback (side street)
|
10 feet
|
20 feet
| ||
Side yard setback (interior)
|
10 feet
|
—
| ||
Rear yard setback
|
5 feet
|
—
| ||
Lot coverage
|
—
|
80%
| ||
Height requirements
| ||||
Overall height
|
1.5 stories
|
3 stories/40 feet
| ||
Corner element
|
—
|
3.5 stories/45 feet
| ||
Ground story
|
12 feet
| |||
Upper story
|
10 feet
|
(a)
Front property line coverage. There shall be a minimum of 65%
front lot line coverage. The street wall may be broken up by landscaped
areas, courtyards, access drives, walkways and where the property
is sufficiently wide, the occasional side yard parking lot.
(b)
Front setback. There shall be a minimum front setback of 10
feet and a maximum of 20 feet to create an area for landscaping and
open space. To the extent possible, the front setback should be consistent
with the setbacks of buildings on adjacent properties, except in instances
where a building(s) on adjacent properties exceeds the maximum permitted
setback by more than 10 feet.
(c)
Side yard setback. A principal building must be set back at
least 10 feet from a side yard lot line. Parking is permitted within
one side yard, provided that the parking area is screened as required
by § 188-119F(4).
(d)
Rear yard setback. The rear yard setback must be sufficiently
sized to accommodate off-street parking for the site and in no case
shall be less than five feet.
(3)
CC-C District requirements.
Bulk Requirements
|
Minimum
|
Maximum
| ||
---|---|---|---|---|
Lot requirements
| ||||
Lot area
|
7,500 square feet
|
—
| ||
Lot width
|
None
|
—
| ||
Building siting
| ||||
Front property line coverage
|
85%
|
—
| ||
Front setback
|
0 foot
|
10 feet
| ||
Front setback (side street)
|
0 foot
|
10 feet
| ||
Side yard setback (interior)
|
0 foot
|
24 feet
| ||
Rear yard setback
|
5 feet
|
—
| ||
Lot coverage
|
—
|
90%
| ||
Height requirements
| ||||
Overall height
|
2.5 stories
|
3.5 stories/45 feet
| ||
Corner element within 200 feet of station building
|
4 stories/50 feet
| |||
4.5 stories/55 feet
| ||||
Ground story
|
15 feet
| |||
Upper story
|
10 feet
|
(a)
Front property line coverage. There shall be a minimum of 85%
front lot line coverage. A continuous street wall is most desirable
within the CC-C District to ensure high walkability. The street wall
may be broken up only by shared driveways, outdoor seating areas,
plaza space, and/or pedestrian walkways. Front property line coverage
on the northerly side of South Avenue may include an opening or openings,
such as archways, to maintain pedestrian access and a view corridor
to the historic Fanwood Train Station.
(b)
Front setback. Buildings may be built up to the front property
line. A front setback of up to 10 feet is permitted to accommodate
pedestrian-scale enhancements, including building entranceway features,
plaza space, outdoor seating, and wider sidewalks. The Reviewing Board
may consider a larger front setback, where a plan calls for an enhanced
pedestrian-oriented plaza space.
(c)
Side yard. All principal buildings may be constructed without
side yards, except that when a side yard is provided, it shall be
adequate in width for an alley, driveway, or pedestrian walkway, but
shall not exceed 24 feet. The Board may grant exceptions where additional
side yard space is needed to create outdoor seating or plaza space.
(d)
Rear yard. The rear yard setback must be sufficiently sized
to accommodate parking for the site, but shall not be less than five
feet.
(e)
Building height. Buildings shall not be less than 2.5 stories,
nor more than 3.5 stories in height, exclusive of basement. The top
story (half-story) shall be under pitched roofs containing dormers.
A corner element, as specified herein, may extend an additional 1/2
story in height. Buildings within 200 feet of the train station may
have heights up to 4.5 stories, or as approved by the reviewing Board,
to achieve development that incorporates structured parking.
(f)
Station parking. In addition to supplying parking in accordance with the off-street parking requirements for the CC districts and at § 184-160, any development of parcels within 200 feet of the train station shall also include a minimum number of commuter parking spaces equal to the number of spaces that existed at the time of the adoption of this section. Development that integrates structured parking is recommended for this area.
(4)
CC-E District requirements.
Bulk Requirements
|
Minimum
|
Maximum
| ||
---|---|---|---|---|
Lot requirements
| ||||
Lot area
|
10,000 square feet
|
—
| ||
Lot width
|
100 feet
|
—
| ||
Building siting
| ||||
Front property line coverage
|
60%
|
—
| ||
Front setback
|
10 feet
|
20 feet
| ||
Front setback (side street)
|
5 feet
|
30 feet
| ||
Side yard setback (interior)
|
10 feet
|
—
| ||
Rear yard setback
|
See below
|
—
| ||
Lot coverage
|
—
|
70%
| ||
Height requirements
| ||||
Overall height
|
1.5 stories
|
3 stories/40 feet
| ||
Corner element
|
—
|
3.5 stories/45 feet
| ||
Ground story
|
12 feet
| |||
Upper story
|
10 feet
|
(a)
Front property line coverage. There shall be a minimum of 60%
front lot line coverage. The street wall may be broken up by landscaped
areas, courtyards, access drives, walkways, and where the property
is sufficiently wide, the occasional side yard parking lot.
(b)
Front setback. There shall be a minimum front setback of 10
feet and a maximum of 20 feet to create an area for landscaping, open
space or a court yard. To the extent possible, the front setback should
be consistent with the setbacks of buildings on adjacent properties,
where a building(s) on adjacent properties exceed the maximum permitted
setback by more than 10 feet.
(c)
Side yard setback. A principal building must be set back at
least 10 feet from a side yard lot line. Parking is permitted within
one side yard, provided that the parking area is screened as required
by § 188-119F(4).
(d)
Rear yard setback. The rear yard setback must be sufficiently
sized to accommodate off-street parking for the site, but in no case
shall be less than five feet.
D.
Architectural regulations. The architectural regulations in this
section apply to all new development and renovations within the CC-W,
CC-C and CC-E Districts, unless otherwise specified in these regulations.
Big box or retail chain architecture is not permitted in any district.
(1)
Architectural style.
(a)
CC-W District. New buildings, or renovations to existing buildings,
may be less eclectic than the Victorian styles employed in the CC-C
District. Examples of appropriate architecture include Craftsman,
Mission, Shingle, or other style approved by the Board. Architecture
may also incorporate a modern or industrial aesthetic, but should
avoid harsh, bulky structures. Buildings should incorporate as much
light as possible, and be built with interior flexibility, so they
can be adapted for reuse over time. Buildings are of a sturdy structure
with simple, straightforward volume, and may feature natural colors,
mixed materials, clean lines, overhanging eaves, cantilevered balconies,
ample windows, awnings or canopies. A mixture of building materials—glass,
stones, bricks, wood—can contribute to an organic feel.
(b)
CC-C District. New buildings shall be designed to reflect a
late Victorian period character that typifies the historic Fanwood
Train Station and the existing Victorian-style architecture employed
in the Block 64 Redevelopment Area. Renovations to existing buildings
should complement this architectural style. The objective is to create
an uninterrupted retail frontage along South Avenue and Martine Avenue
that reflects a village downtown environment.
(c)
CC-E District. New buildings or renovations to existing structures
should take on a residential look, having peaked and gabled roofs.
Buildings closest to the CC-C District shall incorporate design elements
that reflect the Victorian architecture of the CC-C District.
Examples of existing exemplary architecture in the CC-E
District: Buildings are single use or mixed use and have architectural
features representative of residential housing in Fanwood. Roofs are
peaked and contain dormers. There is ample architectural detailing
through windows, color, material changes, and trim, for example
|
(2)
Building orientation.
(a)
Buildings shall be clustered to encourage pedestrians to walk
between buildings and properties. Buildings should create a continuity
of building facades to form a street wall along the streetscape.
(b)
Primary building entrances shall be oriented towards streets,
parks and plazas. Building entrances shall be directly accessible
from the sidewalk.
(3)
General articulation. Articulation of the facade is necessary
to avoid monotonous buildings, including horizontal and vertical projections
and recessions, ornamentation and other design elements to make it
visually stimulating.
(a)
All new buildings and the alteration of buildings shall be designed
with particular consideration to the quality and character of the
facade of the building, particularly at ground or street level.
(b)
Long, blank, windowless, monotonous, uninterrupted walls or
roof planes are not permitted.
(c)
The architectural treatment of a facade shall be completely
continued around all street- or parking lot-facing facades of a building.
All sides of a building shall be architecturally designed so as to
be consistent with regard to style, materials, colors and details.
(d)
Facade divisions. All visibly exposed sides of a building shall
have a clearly defined ground floor, body and cap.
[1]
Ground floor. The ground floor facade connects the building
to the adjoining pedestrian area. It should have a greater height
and a facade treatment that is distinct from the floors above, and
can include design details such as recessed entry areas, covered outdoor
areas, alcoves, awnings, etc. The ground floor can be further edged
with horizontal banding or a cornice line.
[2]
Body. The body or middle of the building is the floor or floors
between the ground floor and the building cap.
(4)
Vertical projections. Vertical building wall offsets, including
both projections and recesses, shall be provided along any building
wall measuring greater than 20 feet in width to provide architectural
interest and variety to the massing of a building. The minimum projection
or depth of any vertical offset shall not be less than six inches.
Vertical offsets can include columns, piers, pilasters, projecting
bays, and changes in facade material.
(5)
Horizontal projections. Facades should be articulated with horizontal
divisions to differentiate the building's base, cap and wall. Horizontal
offsets may also include awnings, string course, horizontal break
bands, frieze board, cornice, roof lines, window sills, balconies,
or other architectural ornamentation.
(7)
Alignment of features. The alignment and repetition of certain
facade elements from one building to the next creates visual continuity,
while affording architectural variety. Where practical, consideration
shall be given to aligning horizontal elements with adjacent buildings,
including top and bottom height of first floor display windows, storefront
windows, building kickplate, window heights, sign band, parapet and
cornice line, window sills on upper floors.
(8)
Infill projects. Proposed infill projects should complement
and strengthen the surrounding neighborhood and reinforce desirable
community design patterns and the architectural features in these
standards.
(9)
Materials.
(a)
Materials shall consist of the following, individually or in
combination: brick, fiber-cement lap siding, fiber-cement shingles,
clapboard or synthetic alternative (Hardie board), mosaic tile, wood
or architectural metal.
(b)
Exterior insulated finishing systems (IEFS) and vinyl siding
are not permitted.
(c)
Facade patterns in the CC-C District shall consist of those
particular to Victorian architecture, including fish scale, diamond
and staggered designs, particularly to highlight architectural details,
such as a gabled roof wall. Trim ornamentation shall consist of wood,
composite or polyurethane millwork, stone, or fiberglass. Victorian
design elements can include cut ornamentation, projected bay, towers
and/or turrets, horizontal banding, brackets, trim, bargeboard, frieze
board, and exterior wall pattern.
(10)
Colors. Building facades, inclusive of all accent elements and
signs, shall be limited to a maximum of four colors. Treating the
surface wall and trim with different, but coordinated, colors is recommended.
Where Victorian architecture is employed, the structure shall have
a subtle color, and a contrasting color shall be used for the building's
accents.
(11)
Building lighting. Light fixtures attached to the exterior of
a building are encouraged and should be architecturally compatible
with the style, material, and colors of the building. The use of creative
lighting to highlight building facades are encouraged. For retail
stores, storefronts should be illuminated to highlight merchandise
in the display window. Low-pressure sodium or mercury lighting is
prohibited.
(12)
Windows and transparency.
(a)
At least 30% of any street-facing wall surface must have a clear
glazing.
(b)
Ground floor uses shall have large pane display windows or storefront
glass along the street frontage that shall occupy at least 60% of
the first floor facade in the CC-C District and at least 40% of the
first floor faced in the CC-W and CC-E Districts. The first floor
facade is the area bounded by the side edges of the building and the
plane coincident with the internal floor of the building and internal
ceiling of the building.
(c)
Window glass on the ground floor shall provide unencumbered
views to window displays and advertised retail goods and services.
Mirrored glass, tinted glass, and glass blocks are prohibited.
(d)
Ground floor windows facing the street shall be a minimum of
six feet in height and the bottom of which shall be no more than three
feet above grade. Storefront windows may be either large, single pane
or multiple smaller panes, separated by mullions.
(e)
All windows on a building having Victorian architecture shall
be vertically proportioned in that they are taller than they are wider.
Windows on the upper stories may have multiple panes separated by
mullions. Round-top windows, dormer windows, bay windows, and transoms
above display windows are characteristic of Victorian architecture.
(f)
Upper story windows shall be detailed with architectural elements,
such as projecting sills, molded surrounds and/or lintels.
(g)
Exterior security grates are not permitted on windows.
(h)
Windows and doors should be selected with their energy conservation
value in mind to maximize energy savings.
(i)
Where unique use or occupancy requirements preclude the addition
of windows, such as theaters or parking structures, exterior walls
shall be designed to provide architectural relief or shall be screened
by landscaping and pedestrian amenities, such as trellises, benches
or shade structures.
(13)
Building entrances.
Recessed entryway flanked with plantings, facade piers
and light fixtures: Display windows, awnings, and transoms enforce
entrance symmetry
|
(a)
Entrances to a building shall be clearly identifiable and directly
accessible from the sidewalk.
(b)
Entrances shall be defined and articulated by architectural
elements such as canopies or porticos, overhangs, awnings, recessing
or projections, lintels, moldings, pilasters, columns, trim or other
elements that are architecturally compatible with the building style
and can help establish the entrance's prominence. Projecting elements
add three-dimensional interest to facades and enhance the sense of
the entry into a building.
(c)
Recommended entranceway treatments include decorative light
fixtures, ornamental ceiling treatments, attractive door handles,
hinges and other hardware.
(d)
Entrances shall be defined with exterior site or sidewalk features
such as planters, decorative paving, or outdoor patios where such
features do not interfere with pedestrian traffic.
(e)
Entrances should complement, not overpower, the building facade.
(14)
Awnings and canopies. Awnings are encouraged to provide shade,
relief from rain, and to enhance a building's facade.
(a)
Awnings and canopies shall be architecturally compatible with
the building and overall building color scheme.
(b)
Awnings may be fixed or retractable. Canopies are permanent
elements of the facade.
(c)
Awnings shall be made of waterproof canvas, cloth, metal or
equivalent and kept in good order and repair. Awnings made of vinyl
or plastic are not permitted. Canopies are constructed of stone, metal,
wood or glass.
(d)
Awnings and canopies shall not extend more than three feet from
the building facade and shall not be less than eight feet above ground.
(e)
Internally illuminated or backlit awnings are not permitted.
(f)
Awnings shall not conceal architectural elements such as cornices,
columns, pilasters or other trim details.
(g)
Awnings shall be placed to align with existing awnings on the
same side of the street.
(15)
Balconies. Balconies shall be a minimum of six feet deep and
five feet wide to create a functional outdoor space for upper story
uses. A maximum of 40% of the front and corner side facades of the
building above the first floor, as calculated separately, may be covered
by balconies.
(16)
Roofs and building height.
(a)
The type, shape, pitch, texture and color of a roof shall be
architecturally compatible with the style, materials, colors and detailing
of the building.
(b)
Rooflines may vary in type and height to provide an interesting
view from the street.
(c)
Pitched roofs are characteristic of Victorian architecture and
are required in the CC-C District. Pitched roofs can include gable,
cross gable, hip and mansard, and shall have a minimum pitch of 8:12.
(d)
Roofline offsets shall be provided along any street-facing or
parking lot-facing roof measuring more than 30 feet in length. Roofline
offsets may include dormers, chimneys, turrets, towers, cupolas, and
other elements that are compatible with the style, materials, color
and details of the building.
(e)
Roof materials on Victorian-style buildings shall be either
slate, shingles or metal. Shingles may mimic a slate texture, color
and shape. Roof eaves with ornamental brackets shall be considered
to reflect Victorian architecture, where appropriate.
(f)
Towers should be limited to corner buildings, adjacent to public
spaces and street termini.
(g)
All mechanical equipment, HVAC systems, exhaust pipes and stacks,
stairways, satellite dishes, telecommunications-receiving devices,
or other rooftop elements shall be screened or otherwise treated to
be inconspicuous as viewed from the street. Such elements shall be
set back from the roof edge at least one foot for each one foot of
height.
E.
Streetscape design.
(1)
Sidewalk zones. Sidewalks shall be comprised of the following
zones.
(a)
Building zone. Where space permits, the area nearest the facade
may accommodate planters, sidewalk sale merchandise, seating areas,
outdoor cafe use, movable container plantings and/or permanently installed
foundation plantings. Sidewalks within the CC-W and CC-E Districts
may be built without a building zone.
(b)
Pedestrian clear zone. The pedestrian clear zone shall be a
minimum of five feet to permit safe, unimpeded circulation routes.
(c)
Planting/amenity zone. The planting zone extends a minimum of
three feet from the curbline to accommodate street trees, pole-mounted
site features, trash receptacles, parking meters, sidewalk furniture,
signs, and other sidewalk amenities. In the CC-W and CC-E Districts,
this area shall be a tree lawn for grass, turf or groundcover. For
tree lawn areas less than two feet wide, pavers (brick, flagstone
or concrete) may be considered.
(2)
Sidewalk widths. Sidewalks shall be a minimum of eight feet
wide along South Avenue within the CC-C District and a minimum of
five feet within the CC-W and CC-E Districts. Increased sidewalk widths
may be appropriate in highly trafficked areas.
(3)
(4)
Street trees. Street trees shall be provided in accordance with § 184-100 and with these provisions. Where tree lawns do not exist, tree grates or pavers are recommended to protect street tree roots and pedestrians.
(5)
Street tree spacing. Spacing of street trees shall be based
on recognized planting guidelines for the selected species type. Generally,
large, maturing trees shall be planted a minimum of 40 feet and a
maximum of 50 feet on center. Small and medium maturing trees shall
be planted a minimum of 10 feet and a maximum of 30 feet on center.
(6)
Amenities. Streetscape amenities such as patio and seating areas,
outdoor cafes, water features, art work or sculpture, clock towers,
pedestrian plazas, sandwich board signs, or other features are highly
encouraged. In addition to benches, the provision of low walls, planters,
and stairs is encouraged to provide outdoor seating. Merchandise for
sale may be displayed outdoors, where items do not block the pedestrian
clear area.
Outdoor cafe space, seating, planters, large trees,
awnings, signage, etc., enhance the sidewalk area.
|
F.
Off-street parking and circulation.
(1)
Driveways. Vehicular entrances to parking lots shall be kept
to a minimum along South Avenue and Martine Avenue. One driveway per
lot is permitted. Driveway access from a side or secondary street
is preferred. Shared driveways are encouraged. On corner lots, vehicle
access should not be from South Avenue or Martine Avenue, where feasible.
(2)
Curbs. Curbs along public rights-of-way shall be poured-in-place
concrete or other masonry material such as Belgian block. Curbs for
off-street parking areas shall be Belgian block.
(3)
Parking design. Parking lots shall be designed to have a positive
visual impact with generous landscaping, sizable trees, decorative
walls, raised walkways, changes in paving materials, pedestrian-scale
lighting, and other features. Parking that requires vehicles to back
out onto a public right-of-way is prohibited.
(4)
Screening. Surface parking lots must be fully screened from
the front property line by building frontages. Where there are gaps
between buildings, or where parking facilities are visible from a
right-of-way, ornamental fencing, decorative walls or landscaped hedges
at least three feet high shall continue the street wall.
(5)
Parking lot plantings.
(a)
Interior plantings. Internal landscaped planting islands shall
be installed to provide shade and beautification. A minimum of one
shade tree per 10 parking spaces shall be provided within the interior
of a parking lot.
(b)
Perimeter plantings. Shade trees, shrubbery and other landscaping
shall also be provided along the perimeter of a parking lot to provide
shade, buffering and screening.
(6)
Structured parking. Structured parking and underground parking
are permitted in the CC districts and is particularly encouraged in
the CC-C District to better utilize land that is close to the transit
station and downtown. Structured parking shall be screened from view
of any street by wrapping the ground floor with retail and other street-facing
uses.
(7)
Drive-through establishments. Drive-through facilities are not
permitted, except for banks in the CC-E District. Drive-through facilities
must be located to the rear of the building and be screened with planting
and/or architectural walls to minimize their visibility.
(8)
Loading requirements. Loading areas shall be placed to the rear
or side of buildings and, to the extent possible, shall not be visible
from a public street. Loading areas shall be designed so that trucks
can circulate on site and do not back out onto a public street. Screening
and landscaping shall be provided to minimize their visibility and
shall be achieved through walls, fences and landscaping that is a
minimum of five feet tall.
(9)
Required parking.
(a)
Number of parking spaces. The number of parking spaces required shall be provided in accordance with the Borough's parking requirements (§ 184-160), except as noted below, where space calculations for certain uses are based on the Parking Study for Facade Upgrade Guidebook and Shared Parking Strategy, prepared by Maser Consulting, P.A., dated August 30, 2012:
[1]
Retail and service: three spaces per 1,000 square feet gross
floor area.
[2]
Office: four spaces per 1,000 square feet gross floor area.
[3]
Restaurant, bar, and tavern: three spaces per 1,000 square feet
gross floor area.
[4]
Multifamily residential: 1.5 per dwelling unit.
[5]
Mixed-use: A shared parking approach to the provision of parking
shall be submitted.
(b)
Shared parking. Shared parking is encouraged in all districts.
Where a shared parking approach between multiple sites and/or uses
is proposed, the Planning Board may reduce the required parking where
the applicant can demonstrate that the uses have differing time-of-day
peak demands. As a condition of approval of a shared parking strategy,
an easement, deed restriction or other legal instrument shall be provided
that is satisfactory to the Borough attorney.
(c)
Bike parking. Bike parking shall be provided in all CC districts
to make cycling a more convenient transportation option. Bicycle parking
facilities shall adhere to the requirements below. Buildings containing
multiple tenants may satisfy their individual requirements by providing
a single bike rack in a centrally located area.
[1]
Multifamily residential: one space per unit, located within
the interior of each individual unit, or within a secured common area
within the building.
[2]
Nonresidential: two spaces per 5,000 square feet gross floor
area, located on the site within 50 feet of the principal building
entrance and within a highly visible, well-lighted area that does
not impede pedestrian or vehicular traffic.
[3]
Mixed-use: both interior and exterior bike parking spaces as
per the residential and nonresidential parking requirements above.
(10)
Pedestrian circulation. Pedestrian walkways and entryways shall
be provided for all uses. They shall be prominent, well-lit and separate
from vehicular entrances.
G.
Site landscaping.
(1)
These landscaping requirements shall supplement § 108-104
of the Borough's Land Use Code.
(2)
All unpaved areas, open spaces and plazas shall be attractively
planted and landscaped with lawns, trees and shrubs.
(6)
Plantings in the front yard or right-of-way shall not obscure
architectural building details and shall respect views to and from
streets, porches, walks and public open spaces.
(7)
Loading areas shall be sufficiently landscaped to screen the
view of the loading area and vehicles from any public right-of-way
and residential property.
(8)
Containers and compactors for trash and recycling shall be attractively
and compatibly designed and fully enclosed or screened by permanent
materials and shall be secured and accessible.
H.
Fences and walls.
(1)
Fences and walls shall be provided in accordance with § 184-108 of the Land Use Code and with these provisions.
(2)
Fencing may be steel, wrought-iron, or any other fence type
approved by the Planning Board. Chain-link fence is not permitted.
Wood walls or fences are not permitted along South Avenue.
(3)
No wall or fence may extend continuously for more than 50 feet
without articulation. Articulation may include decorative columns,
changes in material or texture, offsets (projections and recessions),
landscape pockets, or similar features.
I.
Signs.
(2)
Signs should be clear, informative and weather well.
(3)
Wall signs.
(a)
The type, size, shape, orientation, lettering, color, materials
and illumination of wall signs must be designed to fit within the
architecture of the building.
(b)
Signage design is encouraged to be creative and unique to the
establishment. The type and design of signs should vary among individual
businesses along a street frontage. To the extent feasible, wall signs
should align in height and scale with other signs on the block to
maintain an alignment of horizontal and vertical facade features.
(c)
Signs should be positioned to emphasize special shapes or details
of the facade, to draw attention to the shop entrance, or to emphasize
a window display. They should not obscure important architectural
building details.
(d)
Roof-mounted signs are prohibited.
(e)
A street-facing facade may have up to two signs, including a
projecting sign, a flush-mounted sign or a window sign.
[2]
Awning and signs. A sign can be professionally painted, screened,
applied or sewn on the front panel or valence area of an awning. Letters
should be sized to allow for an inch of open space at both the top
and bottom of the valence, and lettering should extend no more than
75% of the width of an awning.
[3]
Projecting/blade. A projecting shingle or blade sign may be
permitted perpendicular to the street over the sidewalk to identify
the name or logo of the business to which the sign is attached. The
maximum size of a shingle sign is three square feet, except that signs
of a shape other than a square or rectangle may be up to five square
feet in area. The bottom edge of this type of sign shall be at least
eight feet above grade. A projecting sign may be mounted on an ornamental
bracket and may only be illuminated by directed external lighting.
[4]
Window sign. Professional lettering may be provided on a glass
display window.
(f)
Signs should be lit at night using external incandescent spotlights
or gooseneck lighting. Backlit or internally lit signs are prohibited.
Unshielded spotlights, neon, moving and flashing signs are prohibited.
(g)
Businesses located on an upper floor may be identified by wall-mounted
or blade signs on the first floor.
(4)
Sandwich board signs. Portable sandwich board signs are permitted in accordance with § 184-157D.
(5)
Freestanding signs. Low-mounted freestanding, hanging post or
monument-style signs are only permitted in the CC-W and CC-E Districts.
The maximum surface area for each side of a freestanding sign is 25
square feet, and the maximum height above grade is five feet. A freestanding
sign must be set back at least 10 feet from the front property line
and 20 feet from any other property line. Internal illumination is
prohibited.
J.
ARTISANAL WORKSHOP
BASE PANEL
BRACKET
CORNICE
CORNICE LINE
CRAFTSMAN INDUSTRIAL
EAVE
FRIEZE BOARD
FRONT LOT LINE COVERAGE
FRONTAGE
GABLE
GATEWAY
HARDSCAPE
LINTEL
LIVE-WORK UNIT
MUNTIN
PERSONAL SERVICES
PILASTER
REHABILITATION CENTER
SHARED PARKING
SILL LEVEL
STORY
STORY, HALF
STREET WALL
STRING COURSE
TRANSOM WINDOW
TURRET
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Shops of special trade, including the small-scale manufacturing,
compounding, assembly, processing, packaging or similar treatment
of such products as baked goods, candy, ceramics, pottery, china,
weaving and other textile arts, painting, woodworking and other artistic
endeavors and similar trades. Retail sales on the premises of products
made on the premises are required. Artisanal workshops shall not exhibit
any exterior noise, smell, glare or dust from manufacturing.
The area of a building between the first floor windows and
the ground.
A projection from a vertical surface providing support under
cornices, balconies, window frames, etc. They can be structural or
decorative.
A projecting ornamental molding along the top of a building
or wall.
A continuous horizontal cornice feature that provides a vertical
break within the facade and/or defines the roofline along the top
of the building.
See "artisanal workshop."
The lower part of a sloping roof projecting beyond a wall.
A long, horizontal, decorative band, usually located under
the eaves.
The width of the building's primary facade measured at the
maximum permitted front setback as a percentage of the width of the
front street property line.
The area between a building facade and the vehicular lanes,
inclusive of its built and planted components. "Frontage" includes
private frontage and public frontage.
The upper, usually triangular, part of a wall below the end
of a roof with two sloping sides.
A point at which a motorist or pedestrian gains a sense of
arrival in a particular district, neighborhood or part of a municipality.
This impression can be imparted through such things as signs, monuments,
landscaping, change in development character, or a natural feature.
Inanimate elements of landscaping. Examples include walls,
patios, pavers, paths, boulders, stones, decks, and fountains.
A horizontal beam or stone that spans an opening.
A single unit (e.g., studio, loft, or one-bedroom) consisting
of both a commercial and a residential component that is occupied
by the same tenant. No portion of the live-work unit may be rented
or sold separately. Residential areas are permitted above the commercial
component, to the side or in back of the business component, provided
that there is internal access between the residential and commercial
space.
A small molding or bar that separates the individual panes
of a window. Also known as a "mullion."
Specialized services purchased frequently by the consumer,
including barbershops, beauty shops, spas, laundry cleaning, tailoring,
shoe repair, and other similar establishments.
A column of rectangular shape with a base and capital, applied
ornamentation, not structural support.
An establishment providing short-term care, treatment and/or
rehabilitation services for persons recovering from surgery, debilitation
or serious illness that are transitioning from an in-patient hospital
status to independent living.
Joint utilization of a parking area for more than one use,
either on site or between nearby properties through a dedicated arrangement,
in order to fulfill their individual parking requirements because
their prime operational hours do not overlap.
A string course that is continuous with the window sills
or immediately below them.
That portion of a building included between the surface of
any floor and the surface of the floor next above it, or if there
is no floor above it, then the space between the floor and the ceiling
next above it.
Habitable space under a sloping roof that has the line of
intersection of the roof and the wall face not more than three feet
above the floor level and in which the possible floor area with head
room of 6.5 feet or more occupies no more than 50% of the total floor
area of story directly beneath.
A wall or portion of a wall of a building that faces a street,
and generally refers to how and where several buildings line up to
define a walking environment.
A projecting horizontal band across an exterior wall of a
building.
A window above a door or window.
A circular or multisided small tower that projects vertically
from the wall of a building, commonly associated with Victorian and
Queen Anne architectural styles. A turret may contain a staircase
if it projects higher than the building, but may also be part of a
room extension.
K.
South Avenue Affordable Housing Overlay District. Within each of
the Commercial Corridor Districts (CC-E, CC-C, and CC-W), the development
of new mixed-use buildings (residential over commercial) with residential
on the second or third floors or the conversion of existing buildings
into mixed-use buildings with residential on the second or third floors,
or any multifamily residential development will be permitted so long
as the following conditions are met:
[Added 12-5-2016 by Ord.
No. 16-17R]
(1)
A minimum of 15% of residential rental units and 20% of for-sale
residential units must be affordable units.
(2)
At least 50% of the affordable units shall be low-income units;
if only one affordable unit is created in a project, the unit shall
be a low-income unit.
(3)
The units designated as low- or moderate-income units may be
rented or sold only to low- or moderate-income households at the time
of the initial occupancy.
(4)
All applicable bulk requirements for development shall be met,
including relevant coverage standards and parking.
(5)
Building height shall be limited to three stories in the CC-W
and CC-E Districts. Building height shall be limited to 3.5 stories
in the CC-C District.
(6)
The ground floor of the building shall contain only nonresidential
uses in the CC-C District.
(7)
The units must be affirmatively marketed to the housing region
in accordance with the Borough's Affirmative Marketing Plan.
(8)
Affordability controls shall be maintained for a minimum of
30 years.
(9)
Rental increases shall be in accordance with percentages approved
by COAH or other applicable affordable housing authority.
[1]
Editor's Note: Former § 184-120, Central Commercial
(CC) Business District, as amended, and § 184-121, Central
Commercial II (CC2) Business District, were repealed 5-18-2015 by
Ord. No. 15-07R.
A.
Principal uses and structures. The GC Zone District
is intended to encourage retail and wholesale sales, personal and
business services, as well as business, administrative and professional
offices. The following principal uses and structures shall be permitted
in the GC Zone District.
(1)
Business establishments devoted primarily to
the retail sales of goods and personal services on the premises, including
restaurants and food establishments intended for food consumption
on the premises or for takeout of food;
(2)
Banks and other financial institutions engaged
in the business of accepting deposits from the public and/or extending
credit to the public in the form of loans.
(4)
Museums, art galleries and indoor motion picture
theaters, and theaters for conducting live entertainment or cultural
performances;
(5)
Child-care centers;
(6)
Municipal parking facilities;
(7)
Wholesale commercial establishments;
(8)
Dry cleaner;
(9)
Fine arts schools.
[Added 12-19-2007 by Ord. No. 07-26R]
B.
Accessory uses and structures. Accessory uses and
structures in the GC Zone District shall be subject to the following
requirements:
(1)
The following accessory uses and structures
shall be permitted in the GC Zone District:
(d)
Mobile storage structures are prohibited except to the extent they are regulated by the definition of "mobile storage structures" in § 184-8;
[Amended 4-11-2001 by Ord. No 01-06R]
(f)
Other accessory uses and structures customarily
subordinate and incidental to permitted principal and/or permitted
conditional uses.
C.
Conditional uses and structures. The following uses
and structures shall be permitted in the GC Zone District only if
they comply with the appropriate regulations for such uses or structures
in this chapter:
(1)
Public utility facilities;
(2)
Nonprofit chartered membership organizations;
(3)
Gasoline filling stations and gasoline service
stations which may contain repair facilities; and
(4)
Automotive service shops, and automotive repair
shops including automobile body shops.
(5)
Any use within the flood area which is also
a permitted use with the zone district for that location.
(6)
Private commercial parking lots as a principal
use.
(7)
Sexually oriented businesses as defined by N.J.S.A.
2C:34-6 and as restricted by Section D hereafter.
(8)
Apartments located on the second floor.
D.
Prohibited uses and structures. Any use or structure other than those uses or structures permitted in Subsection A, B or C above are prohibited. In addition, and notwithstanding the above permitted uses, the following uses shall be specifically prohibited:
(1)
Manufacturing, assembly or fabrication of goods
or merchandise;
(2)
Public or private schools;
(4)
All aboveground and underground bulk storage
of liquefied petroleum gases, gasoline, diesel fuel, kerosene, No.
2 fuel, fuel oil, chemicals or similar hazardous, flammable or combustible
liquids in any amount. Underground or basement storage of kerosene
and No. 2 heating fuel used exclusively for heating purposes on the
premises are exempted from the above prohibition. Notwithstanding
the above prohibition, aboveground bulk storage of the following materials
is permitted at public garages and gasoline service stations, if the
use of such materials is accessory to the principal use on the site:
(a)
Up to 250 gallons of motor oil, transmission
fluid or their similar automotive fluids, provided that only such
fluids with a flash point at or above 200° F. shall be permitted
to be stored above ground in bulk.
(b)
Up to 250 gallons of waste motor oil, waste
transmission fluid or other similar automotive waste fluids, provided
that only such waste fluids with a flash point at or above 200°
F. shall be permitted to be stored above ground in bulk.
(5)
Any building, structure or use which would create
a undue hazard of fire, explosives or nuisance by reason of odor,
noise, dust or smoke, or which in any way would be detrimental to
the health, public morals and public safety of the community;
(6)
Used car sales, unless such sales are accessory
to the sale of new cars sold within the confines of a building;
(7)
Any business conducted outside the confines
of a building, except those temporary activities permitted by special
permission from the Governing Body;
(8)
Sexually oriented businesses, as that term is
defined by N.J.S.A. 2C:34-6, which are within 1,000 feet of any existing
sexually oriented business, or any residence, church, synagogue, temple
or other place of public worship, or any elementary or secondary school
or any municipal or county playground or place of public resort and
recreation, or any hospital or any child-care center;
(9)
Nail
salons.
[Added 12-14-2010 by Ord. No. 10-20R]
E.
Bulk and lot regulations. The following bulk and lot
regulations shall apply to all uses permitted with the GC Zone District,
unless more stringent requirements are provided by this chapter:
(1)
Maximum building height. No principal building
shall exceed the maximum of three habitable floors, exclusive of basement,
or 40 feet in height, whichever is less.
(2)
Minimum lot area. Every lot shall contain a
minimum lot area of 10,000 square feet.
(3)
Minimum front yard. There shall be a front yard
of not less than 15 feet in depth.
(4)
Minimum side yard. There shall be at least one
side yard not less than 10 feet in width. Notwithstanding the above
requirement, when the side yard in the GC Zone District abuts a property
in any residential zone said side yard shall be not less than one
foot in depth for every two feet of height of the building located
in the GC Zone district, but not less than 10 feet. Within this required
side yard, there shall be a buffer at least 10 feet deep, within which
plant material and/or a fence shall be installed, as required by the
Board, to adequately protect the abutting residentially owned property.
(5)
Minimum rear yard. There shall be a rear yard
of a t least one foot in depth for every two feet of height of the
principal building on the lot which is the subject of the application,
but not less than 10 feet. Notwithstanding the above requirement,
the following rear yard regulations shall be a buffer at least 10
feet depth, within which plant material and/or a fence shall be installed,
as required by the Board, to adequately protect the abutting residential
zone.
(6)
Maximum building coverage. No more than 40%
of the area of any lot shall be covered by above-grade buildings and/or
structures. Flood detention basins as defined herein shall not be
considered as a building or structure for purposes of computing this
coverage.
(7)
Maximum improvement coverage. No more than 90%
of the area of any lot shall be covered by physical improvements,
including but not limited to any above-grade buildings and/or structures,
as well as at-grade structures, including but not limited to parking
and loading areas, sidewalks, driveways, storage areas, etc. It is
the intention of this provision that each lot shall have at least
10% of its lot area without any improvements except vegetation. Flood
detention basins as defined herein shall not be considered as a building
structure or improvement for purposes of computing this coverage.
(8)
Front yard landscaping. Within the front yard
area, there shall be no buildings or paving permitted except for driveways
and sidewalks which are necessary to provide access to buildings and
access to parking and delivery areas. All areas in the front yard
not used for access shall be landscaped, except for any accessory
structures permitted by this chapter.
F.
Other regulations. In addition to the above requirements,
any development in the GC Zone District must comply with all applicable
regulations of this chapter.
[1]
Editor's Note: Former § 184-123,Light Industrial
(LI) District, as amended, was repealed 5-18-2015 by Ord. No. 15-07R.