Borough of Fanwood, NJ Zone District Regulations

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.

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.

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.

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.

(Reserved)[1]

Editor's Note: Former Subsection E, CC (Central Commercial Business Zone), was repealed 5-18-2015 by Ord. No. 15-07R.

(Reserved)[2]

Editor's Note: Former Subsection F, CC2 (Central Commercial 2 Business Zone), was repealed 5-18-2015 by Ord. No. 15-07R.

(Reserved)[3]

Editor's Note: Former Subsection G, LI (Light Industrial Zone), was repealed 5-18-2015 by Ord. No. 15-07R.

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.

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.

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.

§ 184-113 Schedule and map.

[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:

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.

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.

Editor's Note: A copy of the Zoning Map is included in a pocket at the end of this volume.

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]

Editor's Note: A copy of the Zoning Map is included in a pocket at the end of this volume.

§ 184-114 R-150 Single-Family Residence District.

[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.

Principal uses and structures. The following principal uses and structures shall be permitted in the R-150 Zone District:

Single-family residential uses in detached single-family residential structures;

Public parks and playgrounds; and,

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.

Accessory uses and structures. The following accessory uses and structures shall be permitted in the R-150 zone:

Parking and parking facilities as regulated in Article XVIII;

Signs as regulated in Article XVII;

Home occupations as regulated in Article XV;

Family day-care homes as regulated in N.J.S.A. 40:55D-66.5b;

Antennas, as regulated in § 184-138; and,

Accessory uses and structures customarily subordinated and incidental to permitted principal uses and accessory uses and structures customarily subordinate and incidental to permitted conditional uses.

Reference is made to § 184-134 as that section relates to residential accessory uses and structures.

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:

Residential public utility facilities;

Houses of worship;

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;

Uses in the flood area which are also permitted principal, accessory or conditional uses in the R-150 district;

Prohibited uses and structures. Any use or structure other than those uses or structures permitted in Subsection A, B, or C above are prohibited.

Bulk and lot regulations. The following bulk and lot regulations shall apply to all development within the R-150 Zone District:

Minimum lot size. Every lot shall contain a minimum lot area of 15,000 square feet. See §§ 184-117 and 184-118 as they relate to the TAH and LGAH Zones.

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.

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.

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.

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

Minimum rear yard. There shall be a rear yard of at least 30 feet in depth.

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

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.

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.

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.

§ 184-115 R-75 Single-Family Residence District.

[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]

Principal uses and structures. The following principal uses and structures shall be permitted in the R-75 Zone District:

Single-family residential uses in detached single-family residential structures;

Public parks and playgrounds; and,

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.

Community residences for the developmentally disabled.

Accessory uses and structures. The following accessory uses and structures shall be permitted in the R-75 Zone District:

Parking and parking facilities as regulated in Article XVIII;

Signs as regulated in Article XVII;

Home occupations as regulated in Article XV;

Family day-care homes as regulated in N.J.S.A. 40:55D-66.5b;

Antennas, as regulated in § 184-138; and,

Accessory uses and structures customarily subordinate and incidental to permitted principal uses and accessory uses and structures customarily subordinate and incidental to permitted conditional uses.

Reference is made to § 184-134 as that section relates to residential accessory uses and structures.

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;

Residential public utility facilities;

Houses of worship;

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;

Uses in the flood plain which are also permitted principal, accessory or conditional uses in the R-75 Zone District;

Prohibited uses and structures. Any use or structure other than those uses or structures permitted in Subsection A, B or C above are prohibited.

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:

Minimum lot size. Every lot shall contain a minimum lot area of 7500 square feet.

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.

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.

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.

[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

Minimum rear yard. There shall be a rear yard of at least 25 feet in depth.

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

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%

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.

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.

§ 184-116 MAH Midway Affordable Housing Zone.

Permitted uses. The following uses shall be permitted in the MAH Zone:

Primary uses.

Detached one-family dwellings.

Secondary uses.

All secondary uses permitted in the single-family portion of the TAH Zone.

Additional regulations.

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.

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.

Notwithstanding the Borough standards for streets, the following street standards shall apply:

The right-of-way width of a public street shall not be less than 40 feet.

The paved cartway width of a public street shall not be less than 28 feet.

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.

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.

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.

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.

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.

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.

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.

All principal and accessory structures shall have peaked roofs.

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 § 184-116.

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.

Location. The affordable housing unit shall not be located on any lot that fronts on Midway Avenue.

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.

Principal structures shall be at least 16 feet apart on adjacent lots unless otherwise provided in the developers agreement for the MAH Zone.

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.

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.

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.

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.

An emergency access road across the P.S.E. & G. property shall be located in accordance with the developers agreement for the MAH Zone.

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]

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.

All off-street parking areas shall be surfaced with a dustless, durable, all-weather pavement of stone, concrete, asphalt or a similar material.

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

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.

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%

The average of the range shall not exceed the levels set forth in Subsection M(1) above.

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:

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.

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.

The developer shall use the best available assumptions to determine the insurance and homeowners' associations fees, if any, to be applied to the units.

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.

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.

Prohibited uses. All uses prohibited in the LGAH Zone shall be prohibited.

[Added 4-11-2001 by Ord. No. 01-06R]

§ 184-117 TAH Terrill Affordable Housing Zone.

Permitted uses; phasing; utilities. The following uses shall be permitted in the TAH Zone:

Primary uses.

Detached one-family dwellings.

Townhouses.

Secondary uses.

For detached one-family dwellings, all secondary uses permitted in the R-150 Zone shall be permitted, except for the following:

Garages shall not be in excess of 250 square feet of floor area.

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).

Phasing. Final site plan approval of the development shall be contingent upon the development meeting the following phasing schedule:

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.

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.

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.

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.

Prohibited uses. For townhouse uses, all uses prohibited in the LGAH Zone shall be prohibited.

Additional regulations for townhouse development shall be as follows:

As it relates to the townhouses which are designated for affordable housing units, the distribution of the affordable housing units shall be as follows:

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

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.

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.

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.

The minimum setback from the rear and side property lines for unattached garages shall be four feet.

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.

Additional regulations for one-family dwellings and townhouses.

Notwithstanding the Borough standards for streets, the following street standards shall apply:

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.

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.

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.

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.

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.

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.

Principal structures shall be at least 15 feet apart on adjacent lots, except if otherwise shown in the developers agreement for the TAH Zone.

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.

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]

All principal and accessory structures shall have peaked roofs.

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.

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.

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.

Lot, area and yard requirements for townhouses.

[Amended 6-14-2001 by Ord. No. 01-10R]

The following minimums shall apply:

Lot size: 5,850 square feet of lot area if facing on a county road, and 6850 square feet of lot area if facing on a local street.

Lot width: 65 feet facing a county road, and 80 feet facing a local street.

Setbacks from external lot lines to:

Buildings: 15 feet.

Driveways: two feet.

Off-street parking spaces: 15 feet.

The following maximums shall apply:

Gross density: one dwelling unit per 2,925 square feet of lot area.

Building coverage (not including unattached garage): 38%.

Impervious coverage (including unattached garage): 52%.

Building requirements:

Building length: 40 feet.

Number of dwelling units per building: two.

Building height: 35 feet or 2 1/2 stories, whichever is less.

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.

§ 184-118 LGAH La Grande Affordable Housing Zone.

Permitted uses. The following uses shall be permitted in the LGAH Zone:

Primary uses.

Detached one-family dwellings.

Townhouses.

Secondary uses.

For detached one-family dwellings, all secondary uses permitted in the R-150 Zone shall be permitted.

For townhouse uses, the following shall be permitted:

Garages not in excess of 250 square feet of floor area.

Signs, trellises, lampposts and fences.

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.

Prohibited uses. The following uses shall be prohibited in the portion of the LGAH Zone which is used for townhouse development:

Storage building, outdoor storage or the outdoor storage of commercial vehicles, boats or recreational vehicles.

Animal shelters or enclosures for pets.

Decks or patios, except that front entry porches adjacent to enclosed garages shall be permitted.

Swimming pools, either aboveground or in-ground.

Residential professional offices or home occupations.

Any use or structure other than those uses or structures permitted in Subsection A above are prohibited.

[Added 4-11-2001 by Ord. No. 01-06R]

Additional regulations for townhouse uses in the LGAH Zone.

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.

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.

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.

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.

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.

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.

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.

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.

Adequate provision shall be made for the orderly collection and disposal of trash, solid waste and recyclables in accordance with the law.

The regulations for affordable housing controls set forth in § 184-111J.

(11)

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 § 184-118.

(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]

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%

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.

Lot, area and yard requirements for townhouse uses.

The following minimum requirements shall apply:

Lot size: 30,000 square feet.

Lot width: 100 feet.

Building setback to external lot lines:

To a public street: 30 feet.

To adjacent single-family uses: 15 feet.

To adjacent commercial uses: 20 feet.

Distance between buildings: 15 feet.

Setback of driveways and parking areas to:

External lot lines: five feet.

Buildings: six feet.

The following maximum requirements shall apply:

gross density: 11 1/2 units per gross acre.

Building coverage: 25%.

Impervious coverage: 60%.

Building requirements:

Building length: 52 feet.

Number of dwelling units per building: two.

Building height: 35 feet or 2 1/2 stories, whichever is less.

Number of bedrooms per dwelling: three.

§ 184-119 Commercial Corridor (CC) District.

[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.

Districts. The Commercial Corridor District is comprised of the following districts.

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.

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.

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.

Uses.

[Amended 12-3-2018 by Ord. No. 18-19R]

General provisions. The following general provisions apply to uses outlined in this section:

A lot may contain more than one use.

In the CC-W District, a lot may contain more than one principal building.

Permitted uses. Permitted uses are noted in the table below with an "X."

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.

Prohibited uses.

Fast food or drive-in restaurant establishments.

Drive-through uses.

Sexually oriented businesses.

Night clubs and dance halls.

Wholesale bakeries.

Food and beverage production, except for small artisanal uses as permitted.

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.

Site requirements for all CC Districts.

General requirements.

Lots.

Lot area. Lot area must be calculated within 200 feet of the front property line.

Lot width. Lot width shall be calculated per § 184-8.

Building siting.

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.

Front property line coverage. The width of the building, as measured at the front setback, must occupy a minimum percent of the lot width. A higher number maintains a connected street wall, contributing towards a sense of enclosure of the street, and increasing the walkability of the area.

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.

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.

Building height. The height of a building shall be measured in both stories and feet.

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.

Building Height in Stories

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.

Building Height in Feet

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.

Example of corner building having one additional story at intersection

[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.

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.

Roof Type

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

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.

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.

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).

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.

Building height. Buildings shall not be less than 1.5 stories, nor more than three stories in height, exclusive of basement. A corner element, as specified herein, may extend an additional 1/2 story in height.

CC-C District requirements.

CC-Central District

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

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.

Building arches can frame the view of important features beyond, enable access and create architectural interest.

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.

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.

Rear yard. The rear yard setback must be sufficiently sized to accommodate parking for the site, but shall not be less than five feet.

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.

Building height may reach 4.5 stories within a two-hundred-foot radius from the train station building

184k Building height near train station.tif

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.

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

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.

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.

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.

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.

Architectural style.

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.

Residential Architectural Styles

Examples of architectural styles appropriate for the CC-W District

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.

The historic Fanwood Train Station and existing development along South Avenue employ elements of Victorian architecture

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

184r Examples of existing exemplary architecture in the CC-E District.tif

Building orientation.

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.

Primary building entrances shall be oriented towards streets, parks and plazas. Building entrances shall be directly accessible from the sidewalk.

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.

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.

Long, blank, windowless, monotonous, uninterrupted walls or roof planes are not permitted.

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.

Facade divisions. All visibly exposed sides of a building shall have a clearly defined ground floor, body and cap.

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.

Body. The body or middle of the building is the floor or floors between the ground floor and the building cap.

Cap. Design details which terminate or "cap" the top of a building shall be used. The cap should feature either pitched roofs or articulated cornices or parapets, and a change of color and material.

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.

184t Vertical articulation using column piers and windows.tif

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.

Building variation. Along a street frontage, buildings shall vary in terms of their footprint, architectural elevations, roof heights, roof orientations, and front entrance locations to create architectural variety.

Varied elevations and roof types

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.

184v Horizontal alignment of features.tif

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.

Materials.

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.

Exterior insulated finishing systems (IEFS) and vinyl siding are not permitted.

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.

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.

Articulated street-facing and parking lot-facing facades of new Victorian-styled development in Fanwood

184ww Articulated street-facing and parking lot-facing facades.tif

184w Articulated street-facing and parking lot-facing facades.tif

(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.

Light fixtures to highlight signage, facade elements and the pedestrian realm

(12)

Windows and transparency.

At least 30% of any street-facing wall surface must have a clear glazing.

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.

Minimum 60% ground-level façade is occupied by windows.

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.

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.

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.

Upper story windows shall be detailed with architectural elements, such as projecting sills, molded surrounds and/or lintels.

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

Entrances to a building shall be clearly identifiable and directly accessible from the sidewalk.

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.

Recommended entranceway treatments include decorative light fixtures, ornamental ceiling treatments, attractive door handles, hinges and other hardware.

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.

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.

Awnings provide protection from weather elements and enhance the building facade

Awnings and canopies shall be architecturally compatible with the building and overall building color scheme.

Awnings may be fixed or retractable. Canopies are permanent elements of the facade.

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.

Awnings and canopies shall not extend more than three feet from the building facade and shall not be less than eight feet above ground.

Internally illuminated or backlit awnings are not permitted.

Awnings shall not conceal architectural elements such as cornices, columns, pilasters or other trim details.

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 turret's 3D projection and roof dome emphasize a corner building

The type, shape, pitch, texture and color of a roof shall be architecturally compatible with the style, materials, colors and detailing of the building.

Rooflines may vary in type and height to provide an interesting view from the street.

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.

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.

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.

Towers should be limited to corner buildings, adjacent to public spaces and street termini.

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.

Streetscape design.

Sidewalk zones. Sidewalks shall be comprised of the following zones.

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.

Pedestrian clear zone. The pedestrian clear zone shall be a minimum of five feet to permit safe, unimpeded circulation routes.

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.

Sidewalk Zones

(Section and Plan View)

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.

Paving.

The standard five-foot-by-five-foot concrete pattern sidewalk may be utilized in the CC-W and CC-E Districts. Substantial planting areas shall be located to either side of the sidewalk.

Standard five-foot-by-five-foot concrete sidewalk with vegetation to either side, appropriate for the CC-W and CC-E Districts.

Within the CC-C District, the prescribed sidewalk shall match the existing decorative sidewalk employed along South Avenue and Martine Avenue within the Block 64 Redevelopment Area.

Examples of decorative sidewalk patterns

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.

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.

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.

Merchandise display on sidewalk

Off-street parking and circulation.

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.

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.

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.

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.

Parking lot plantings.

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.

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.

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.

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.

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.

Required parking.

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:

Retail and service: three spaces per 1,000 square feet gross floor area.

Office: four spaces per 1,000 square feet gross floor area.

Restaurant, bar, and tavern: three spaces per 1,000 square feet gross floor area.

Multifamily residential: 1.5 per dwelling unit.

[5]

Mixed-use: A shared parking approach to the provision of parking shall be submitted.

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.

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.

Multifamily residential: one space per unit, located within the interior of each individual unit, or within a secured common area within the building.

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.

Mixed-use: both interior and exterior bike parking spaces as per the residential and nonresidential parking requirements above.

Parking garage: one space per 10 vehicles.

Examples of indoor and outdoor bike parking

Pedestrian circulation. Pedestrian walkways and entryways shall be provided for all uses. They shall be prominent, well-lit and separate from vehicular entrances.

Site landscaping.

These landscaping requirements shall supplement § 108-104 of the Borough's Land Use Code.

All unpaved areas, open spaces and plazas shall be attractively planted and landscaped with lawns, trees and shrubs.

Plants in boxed, clay, wood, or other decorative containers are encouraged to enhance walkways and building entrances.

Planters at building entrances

Planting boxes on window sills or hanging plants are encouraged.

Examples of planter boxes attached to window sills on upper and lower floors

The use of vines and climbing plants on buildings, trellises and perimeter walls is encouraged, particularly on industrial buildings to improve their appearance from the street.

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.

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.

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.

Fences and walls.

Fences and walls shall be provided in accordance with § 184-108 of the Land Use Code and with these provisions.

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.

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.

Signs.

These sign requirements shall supplement Article XVII of the Borough's Land Use Code. Where there is a conflict between these requirements and Article XVII, these requirements shall prevail.

Signs should be clear, informative and weather well.

Wall signs.

The type, size, shape, orientation, lettering, color, materials and illumination of wall signs must be designed to fit within the architecture of the building.

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.

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.

Roof-mounted signs are prohibited.

A street-facing facade may have up to two signs, including a projecting sign, a flush-mounted sign or a window sign.

Wall mounted. Wall-mounted signs can be attached directly to the building within a sign band or frieze. In the absence of a sign band or frieze, the bottom of the sign may not be positioned more than one foot above the top of the display window of the establishment.

184ll Facade signs with external lighting.tif

184mm Facade signs above window display.tif

184nn Example of creative facade sign.tif

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.

184oo Example of effective awning sign.tif

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.

Examples of projecting signs

Window sign. Professional lettering may be provided on a glass display window.

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.

Businesses located on an upper floor may be identified by wall-mounted or blade signs on the first floor.

Sandwich board signs. Portable sandwich board signs are permitted in accordance with § 184-157D.

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.

184qq1 Example of creative low freestanding sign.tif

184qq2 Example of creative low freestanding sign.tif

184qq3 Example of creative low freestanding sign.tif

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

ARTISANAL WORKSHOP

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.

BASE PANEL

The area of a building between the first floor windows and the ground.

BRACKET

A projection from a vertical surface providing support under cornices, balconies, window frames, etc. They can be structural or decorative.

CORNICE

A projecting ornamental molding along the top of a building or wall.

CORNICE LINE

A continuous horizontal cornice feature that provides a vertical break within the facade and/or defines the roofline along the top of the building.

CRAFTSMAN INDUSTRIAL

See "artisanal workshop."

EAVE

The lower part of a sloping roof projecting beyond a wall.

FRIEZE BOARD

A long, horizontal, decorative band, usually located under the eaves.

FRONT LOT LINE COVERAGE

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.

FRONTAGE

The area between a building facade and the vehicular lanes, inclusive of its built and planted components. "Frontage" includes private frontage and public frontage.

GABLE

The upper, usually triangular, part of a wall below the end of a roof with two sloping sides.

GATEWAY

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.

HARDSCAPE

Inanimate elements of landscaping. Examples include walls, patios, pavers, paths, boulders, stones, decks, and fountains.

LINTEL

A horizontal beam or stone that spans an opening.

LIVE-WORK UNIT

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.

MUNTIN

A small molding or bar that separates the individual panes of a window. Also known as a "mullion."

PERSONAL SERVICES

Specialized services purchased frequently by the consumer, including barbershops, beauty shops, spas, laundry cleaning, tailoring, shoe repair, and other similar establishments.

PILASTER

A column of rectangular shape with a base and capital, applied ornamentation, not structural support.

REHABILITATION CENTER

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.

SHARED PARKING

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.

SILL LEVEL

A string course that is continuous with the window sills or immediately below them.

STORY

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.

STORY, HALF

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.

STREET WALL

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.

STRING COURSE

A projecting horizontal band across an exterior wall of a building.

TRANSOM WINDOW

A window above a door or window.

TURRET

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.

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]

A minimum of 15% of residential rental units and 20% of for-sale residential units must be affordable units.

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.

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.

All applicable bulk requirements for development shall be met, including relevant coverage standards and parking.

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.

The ground floor of the building shall contain only nonresidential uses in the CC-C District.

The units must be affirmatively marketed to the housing region in accordance with the Borough's Affirmative Marketing Plan.

Affordability controls shall be maintained for a minimum of 30 years.

Rental increases shall be in accordance with percentages approved by COAH or other applicable affordable housing authority.

All affordable units shall be subject to the provisions of the Borough's Affordable Housing Ordinance.[1]

Editor's Note: See Ch. 105, Affordable Housing.

§ 184-120 through § 184-121. (Reserved) [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.

§ 184-122 General Commercial (GC) Business District.

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.

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;

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.

Business, administrative and professional offices, or other business establishments providing the following services:

Finance, insurance or real estate sales or services;

Business or professional services;

Health services;

Social services;

Consulting services;

Museums, art galleries and indoor motion picture theaters, and theaters for conducting live entertainment or cultural performances;

Child-care centers;

Municipal parking facilities;

Wholesale commercial establishments;

Dry cleaner;

Fine arts schools.

[Added 12-19-2007 by Ord. No. 07-26R]

Accessory uses and structures. Accessory uses and structures in the GC Zone District shall be subject to the following requirements:

The following accessory uses and structures shall be permitted in the GC Zone District:

Parking and parking facilities as regulated in Article XVIII;

Signs as regulated in Article XVII;

Antennas, as regulated in § 184-138;

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]

Apartments located on all floors above the first floor;

[Added 6-19-2012 by Ord. No. 12-08R[1]; amended 9-17-2013 by Ord. No. 13-14R]

Editor's Note: This ordinance also provided for the renumbering of former Subsection B(1)(e) as Subsection B(1)(f).

Other accessory uses and structures customarily subordinate and incidental to permitted principal and/or permitted conditional uses.

Reference is made to § 184-135 as it relates to accessory uses and structures in nonresidential zones.

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:

Public utility facilities;

Nonprofit chartered membership organizations;

Gasoline filling stations and gasoline service stations which may contain repair facilities; and

Automotive service shops, and automotive repair shops including automobile body shops.

Any use within the flood area which is also a permitted use with the zone district for that location.

Private commercial parking lots as a principal use.

Sexually oriented businesses as defined by N.J.S.A. 2C:34-6 and as restricted by Section D hereafter.

Apartments located on the second floor.

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:

Manufacturing, assembly or fabrication of goods or merchandise;

Public or private schools;

Any building, structure or use involving the sale of food or beverages to be served or consumed on the premises, but outside the confines of the building except in accordance with Chapter 259, Streets and Sidewalks, Article VIII, Sidewalk Cafes of the Borough Code;

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:

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.

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.

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;

Used car sales, unless such sales are accessory to the sale of new cars sold within the confines of a building;

Any business conducted outside the confines of a building, except those temporary activities permitted by special permission from the Governing Body;

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;

Nail salons.

[Added 12-14-2010 by Ord. No. 10-20R]

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:

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.

Minimum lot area. Every lot shall contain a minimum lot area of 10,000 square feet.

Minimum front yard. There shall be a front yard of not less than 15 feet in depth.

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.

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.

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.

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.

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.

Other regulations. In addition to the above requirements, any development in the GC Zone District must comply with all applicable regulations of this chapter.

§ 184-123 (Reserved) [1]