The following regulations shall apply in all R-1 Districts:
A. Permitted uses.
(1) Single-family detached dwellings and the accessory buildings and
uses normally auxiliary thereto.
(2) Private garages as an accessory building and as regulated by §
85-29 of this chapter.
(3) Private swimming pools as an accessory structure and as regulated by Chapter
67, Swimming Pools.
(4) Municipally owned or operated facilities or uses.
(6) Private horse stables as an accessory building and as regulated by §
85-38 of this chapter.
(7) Home occupations as an accessory use and as regulated by §
85-32.1 of this chapter.
[Added 7-27-1999 by Ord. No. 818]
(8) Community residences for the developmentally disabled.
[Added 7-27-1999 by Ord. No. 819]
(9) Community shelters for victims of domestic violence.
[Added 7-27-1999 by Ord. No. 819]
(10) Community residences for the terminally ill.
[Added 7-27-1999 by Ord. No. 819]
(11) Community residences for persons with head injuries.
[Added 7-27-1999 by Ord. No. 819]
B. Conditional uses requiring a special permit as provided in Article
VIII.
(2) Public utility facilities or uses.
(3) County, state or federal facilities or uses.
C. Prohibited uses. Any uses other than those uses permitted by Subsection
A or
B are prohibited.
D. Minimum lot requirements.
(1) The lot area shall not be less than one acre (43,560 square feet)
and shall be computed within 270 feet of the front street line.
(2) The lot frontage shall not be less than 200 feet.
(3) The lot width shall not be less than 140 feet.
(4) The lot depth shall not be less than 160 feet.
E. Minimum yard requirements, interior lots.
(1) Front yard depth: 50 feet, except that where the existing buildings
on the same side of the street and within 600 feet of either side
line of the subject property form an existing setback line, new buildings
shall conform to the existing setback line, provided that no building
need have a front yard greater than 80 feet.
(2) Side yard width. There shall be two side yards, and no side yard
shall be less than 50 feet.
(3) Rear yard depth: 50 feet.
F. Minimum yard requirements, corner lots.
(1) Front street yard depth: 50 feet, except that where the existing
buildings on the same side of the street and within 600 feet of either
side line of the subject property form an existing setback line, new
buildings shall conform to the existing setback line, provided that
no building need have a front yard greater than 80 feet.
(2) Side street yard width: 50 feet.
(3) Interior side yard width: 50 feet.
(4) Rear yard depth: 50 feet.
G. Minimum open space requirements.
(1) Lot coverage shall not exceed 20% of lot area.
[Amended 7-16-2013 by Ord. No. 1024; 11-25-2014 by Ord. No. 1035]
(2) Livable floor area for one-story dwellings shall not be less than
1,750 square feet, with 2,250 square feet for multistory dwellings,
exclusive of garages, basements, open porches, livable attics and
accessory buildings.
(3) Improved lot coverage shall not exceed 25% of the land area of the
lot.
[Added 2-28-1989 by Ord. No. 625; amended 7-16-2013 by Ord. No.
1024]
(4) There shall be a minimum of 2,000 square feet of lot area for each
bedroom provided in a dwelling.
[Added 7-27-1999 by Ord. No. 819]
(5) Lot coverage by accessory buildings and structures shall not exceed
6% of lot area.
[Added 12-21-1999 by Ord. No. 821; amended 11-25-2014 by Ord. No. 1035]
(6) First-floor gross floor area of accessory buildings shall not exceed
800 square feet per building.
[Added 12-21-1999 by Ord. No. 821]
(7) Swimming
pool improved lot coverage exception. A swimming pool up to 700 square
feet is exempted from the maximum improved lot coverage calculation,
subject to the installation of a seepage tank sized for draining the
pool in accordance with the requirements of the Borough Engineer.
[Added 4-28-2009 by Ord. No. 953]
H. Maximum building heights. No principal building shall exceed a height
of 35 feet containing no more than 2 1/2 stories. No accessory building
shall exceed a height of 15 feet containing no more than 1 1/2 stories.
[Amended 12-21-1999 by Ord. No. 821; 3-22-2005 by Ord. No. 897]
I. Detached accessory building and structure setbacks. Minimum required
distances to the following:
[Amended 12-21-1999 by Ord. No. 821]
(1) Principal building and each other: 10 feet.
(4) Interior lot side lines: 35 feet.
(5) Interior lot rear line: 20 feet.
(6) Corner lot rear line: 30 feet.
J. Projections into front yard for interior and corner lots. Roofed
and unroofed entry platforms and/or associated stoops and steps not
exceeding 35 square feet in area shall be permitted in the front yard
setback area, provided that, in any single-family zone, such projection
shall not extend into the required front yard setback area by more
than eight feet.
[Added 7-16-2013 by Ord. No. 1024]
K. Minimum graduated side yard setback requirements for second floor
of dwellings. The minimum side yard setback for the second floor shall
not be closer to a side lot line than 10 feet on one side where two
side yards exist; the total of both side yard setbacks shall not be
less than 40% of the lot width. In no case shall the combined side
yard width total less than 20 feet.
[Added 7-16-2013 by Ord. No. 1024]
The following regulations shall apply in all R-2 Districts:
A. Permitted uses.
(1) Single-family dwellings and the accessory buildings and uses normally
auxiliary thereto.
(2) Private garages as an accessory building and as regulated by §
85-29 of this chapter.
(3) Private swimming pools as an accessory structure and as regulated by Chapter
67, Swimming Pools.
(4) Municipally owned or operated facilities.
(6) Home occupations as an accessory use and as regulated by §
85-32.1 of this chapter.
[Added 7-27-1999 by Ord. No. 818]
(7) Community residences for the developmentally disabled.
[Added 7-27-1999 by Ord. No. 819]
(8) Community shelters for victims of domestic violence.
[Added 7-27-1999 by Ord. No. 819]
(9) Community residences for the terminally ill.
[Added 7-27-1999 by Ord. No. 819]
(10)
Community residences for persons with head injuries.
[Added 7-27-1999 by Ord. No. 819]
B. Conditional uses requiring a special use permit as provided in Article
VIII.
(2) Public utility facilities or uses.
(3) County, state or federal facilities or uses.
(4) Parochial schools through the high school level.
C. Prohibited uses. Any uses other than those uses permitted by Subsection
A or
B are prohibited.
D. Minimum lot area and dimensions.
(1) The lot area shall not be less than 10,000 square feet and shall
be computed within 145 feet of the front street line, except corner
lots, which shall not have less than 12,000 square feet.
(2) The lot frontage shall not be less than 75 feet.
(3) The lot width shall not be less than 60 feet.
(4) The lot depth shall not be less than 100 feet.
E. Minimum yard requirements, interior lots.
(1) Front yard depth: 30 feet, except that where the existing buildings
on the same side of the street and within 200 feet of either side
line of the subject property form an existing setback line, new buildings
shall conform to the existing setback line, provided that no building
need have a front yard greater than 50 feet.
(2) Side yard width. There shall be two side yards, and no side yard
shall be less than 10 feet.
(3) Rear yard depth: 30 feet.
F. Minimum yard requirements, corner lots.
(1) Front street yard depth: 30 feet, except that where the existing
buildings on the same side of the street and within 200 feet of either
side line of the subject property form an existing setback line, new
buildings shall conform to the existing setback line, provided that
no building need have a front yard greater than 50 feet.
(2) Side street yard width: 30 feet.
(3) Interior side yard width: 10 feet.
(4) Rear yard depth: 30 feet.
G. Minimum open space requirements.
(1) Lot coverage shall not exceed 20% of lot area..
[Amended 2-28-1989 by Ord. No. 625; 7-16-2013 by Ord. No. 1024; 11-25-2014 by Ord. No. 1035]
(2) Livable floor area for one-story dwellings shall not be less than
1,200 square feet and 1,600 square feet for multistory dwellings,
exclusive of garages, basements, open porches, livable attics and
accessory buildings. No building shall be constructed unless the second
floor thereof shall contain at least 75% of the cubic contents of
the first floor. For the purpose of this article, a split-level home
shall be considered as a two-story house.
(3) Improved lot coverage shall not exceed 35% of the area of the lot.
[Added 2-28-1989 by Ord. No. 625; amended 7-16-2013 by Ord. No.
1024]
(4) There shall be a minimum of 2,000 square feet of lot area for each
bedroom provided in a dwelling.
[Added 7-27-1999 by Ord. No. 819]
(5) Lot coverage by accessory buildings and structures shall not exceed
6% of lot area.
[Added 12-21-1999 by Ord. No. 821; amended 11-25-2014 by Ord. No. 1035]
(6) First-floor gross floor area of accessory buildings shall not exceed
800 square feet per building.
[Added 12-21-1999 by Ord. No. 821]
(7) Swimming
pool improved lot coverage exception. A swimming pool up to 700 square
feet is exempted from the maximum improved lot coverage calculation,
subject to the installation of a seepage tank sized for draining the
pool in accordance with the requirements of the Borough Engineer.
[Added 4-28-2009 by Ord. No. 953]
H. Maximum building heights. No principal building shall exceed a height
of 35 feet containing no more than 2 1/2 stories. No accessory building
shall exceed a height of 15 feet containing no more than 1 1/2 stories.
[Amended 12-21-1999 by Ord. No. 821; 3-22-2005 by Ord. No. 897]
I. Detached accessory building and structure setbacks. Minimum distances
to the following:
(1) Principal building and each other: 10 feet.
(4) Interior lot side line: 10 feet.
(5) Interior lot rear line: 10 feet.
(6) Corner lot rear line: 15 feet.
J. Projections into front yard for interior and corner lots. Roofed
and unroofed entry platforms and/or associated stoops and steps not
exceeding 35 square feet in area shall be permitted in the front yard
setback area, provided that, in any single-family zone, such projection
shall not extend into the required front yard setback area by more
than eight feet.
[Added 7-16-2013 by Ord. No. 1024]
K. Minimum graduated side yard setback requirements for second floor
of dwellings. The minimum side yard setback for the second floor shall
not be closer to a side lot line than 10 feet on one side where two
side yards exist; the total of both side yard setbacks shall not be
less than 40% of the lot width. In no case shall the combined side
yard width total less than 20 feet.
[Added 7-16-2013 by Ord. No. 1024]
[Added 4-25-2017 by Ord.
No. 2017-04]
The following regulations shall apply in all R-2A Districts:
A. Permitted uses.
(1)
Single-family dwellings and the accessory buildings and uses
normally auxiliary thereto.
(2)
Private garages as an accessory building and as regulated by §
85-29 of this chapter.
(3)
Private swimming pools as an accessory structure and as regulated by Chapter
67, Swimming Pools.
(4)
Municipally owned or operated facilities.
(5)
Accessory structures including but not limited to detached sheds,
cabanas, gazebos, built-in barbecues, carports and canopies.
(6)
Home occupations as an accessory use and as regulated by §
85-32.1 of this chapter.
B. Conditional uses requiring a special use permit as provided in Article
VIII.
(1)
Public utility facilities or uses.
(2)
County, state or federal facilities or uses.
C. Prohibited uses. Any uses other than those uses permitted by Subsection
A or
B are prohibited.
D. Minimum lot area and dimensions shall comply with the following standards.
(1)
The lot area shall not be less than 7,500 square feet.
(2)
The lot frontage shall not be less than 60 feet, except a minimum
lot frontage or width can be reduced to a minimum of 20 feet if all
of the following are provided:
(a)
Said lot is developed to be served by a public street for primary
roadway access.
(b)
The lot using this reduced frontage arrangement shall be a reduced
frontage lot as configured in the settlement agreement identified
herein, although the lots with reduced frontage may be further adjusted
subject to the requirements of this zone. Such a reduced frontage
configuration is to foster this specific settlement agreement noted
in this amendment since the municipality has a long standing prohibition
on flag lot arrangements.
(c)
Served by a paved driveway with a minimum width of 11 feet where
serving one lot or a minimum of 16 feet should the driveway serve
more than one lot by a shared driveway easement.
(d)
The depth of the portion of the lot permitted at the reduced
lot frontage measured from the front lot line, wherein the width is
less than the required lot width of 60 feet, shall be no greater than
145 feet from the front lot line.
(e)
No principal or accessory buildings or structures shall be permitted
in this reduced portion (less than 60 feet in width), referenced herein.
(3)
The lot width shall not be less than 48 feet.
(4)
The lot depth shall not be less than 80 feet.
(5)
The front door location on a principal residential structure
on a lot in this zone shall not prescribe the identification of a
front, rear or side yard.
(6)
The area of an easement on a lot shall not reduce the area of
the lot for purposes of calculating the regulatory criteria of this
zone.
E. Minimum yard requirements, interior lots.
(1)
Front yard depth: 25 feet.
(2)
Side yard width: eight feet, except that side yards adjacent
to an existing R-2 lot shall be 10 feet.
(3)
Rear yard depth: 25 feet.
F. Minimum yard requirements, corner lots.
(1)
Front street yard depth: 25 feet.
(2)
Side street yard width: 25 feet.
(3)
Interior side yard width: eight feet, except that side yards
adjacent to an existing R-2 lot shall be 10 feet.
(4)
Rear yard depth: 25 feet.
G. Minimum open space requirements.
(1)
Total lot coverage shall not exceed 30% of the total lot area.
The total lot coverage can be increased an additional 5% only for
conforming accessory buildings.
(2)
Lot coverage by accessory buildings and structures shall not
exceed 15% of lot area.
(3)
Total improved lot coverage shall not exceed 60% of the area
of the lot, except an additional 10% is permitted but must use pervious
pavement or composition of materials with a rate of permeability that
will not result in an increase in runoff from the existing pervious
surface conditions, subject to the approval of the designated municipal
official. In the case of pavers, the applicant shall show that the
pavement materials or a composition of materials are specifically
designed for enhanced permeability through the use of wide gaps between
pavers or open spaces created by the paving that are filled with gravel
(not sand) or of sufficient composition to permit and maintain porosity.
In the case of pervious asphalt or concrete, the mix design shall
be specifically designed, prepared and installed for high permeability
by a firm or firms with experience in the same. Additionally, the
applicant must demonstrate there is sufficient soil infiltration below
said pervious pavement for the system to function.
(4)
Livable floor area for one-story dwellings shall not be less
than 1,000 square feet and 1,500 square feet for multistory dwellings,
exclusive of garages, basements, open porches, livable attics and
accessory buildings.
(5)
There shall be a minimum of 1,500 square feet of lot area for
each bedroom provided in a dwelling.
(6)
First-floor gross floor area of accessory buildings shall not
exceed 1,000 square feet per building.
(7)
Swimming pool improved lot coverage exception. A swimming pool
is permitted to exceed the maximum improved lot coverage calculation
up to a total of 700 square feet. The area of the pool that exceeds
the total lot coverage calculation shall be subject to the installation
of a seepage tank sized for draining the pool in accordance with the
requirements of the Borough Engineer.
H. Maximum floor area ratio.
(1)
The maximum floor area ratio (FAR) for a principal structure
on a lot or lots that make a single tract for development shall not
be more than 40% for the first 10,000 square feet of lot area. The
portions of a lot greater than 10,000 square feet, the following additional
floor area shall be permitted:
(a)
For the area of a lot greater than 10,000 square feet and up
to 20,000 square feet, a maximum twenty-percent FAR calculation is
permitted for such area. This additional floor area shall be added
to the total permitted floor area calculated by the FAR for the first
10,000 square feet of lot area.
(b)
For the area of a lot greater than 20,000 square feet, a maximum
ten-percent FAR calculation is permitted for such area. This additional
floor area shall be added to the total permitted floor area calculated
by the FAR for the first 20,000 square feet of lot area as noted herein.
(2)
The FAR calculations of this section shall exclude the area
of a typical two-car garage (limited to a maximum of 600 square feet),
basements, open porches, attics and accessory buildings. If more than
a two-car garage is proposed, the area above the two-car garage limit
shall be added to the FAR calculation.
I. Maximum building height. No principal building shall exceed a height
of 35 feet containing no more than 2 1/2 stories. No accessory building
shall exceed a height of 25 feet containing no more than two stories.
The accessory building second-story interior floor area where the
floor to ceiling height is five feet or greater shall not exceed more
than 75% of the total floor area of the first story of the accessory
structure.
J. Detached accessory building and structure setbacks. Minimum distances
to the following:
(1)
Principal building and each other: eight feet.
(4)
Interior lot side line: five feet, except that setback adjacent
to an existing R-2 lot shall be 10 feet.
(5)
Interior lot rear line: five feet, except that setback adjacent
to an existing R-2 lot shall be 10 feet.
(6)
Corner lot side line: five feet, except that side setback adjacent
to an existing R-2 lot shall be 10 feet.
(7)
Corner lot rear line: five feet.
K. Projections into front yard for interior and corner lots. Roofed
and unroofed entry platforms and/or associated stoops and steps not
exceeding 35 square feet in area shall be permitted in the front yard
setback area, provided that in any single-family zone, such projection
shall not extend into the required front yard setback area by more
than eight feet.
L. Retaining walls requirements. The maximum height of a retaining wall
is six feet. Shall a series of terraced retaining walls be proposed
within 10 feet or less, then a landscaped terrace of a minimum width
of four feet shall be provided. Where a retaining wall is adjacent
to a lot line contiguous with the R-2 Zone, retaining walls four feet
or less in height shall have a one-foot offset from a contiguous lot
line. Should a retaining wall exceed four feet in height or if terraced
where the adjacent wall is within 10 feet or less from the face of
each wall, the closest wall to an adjacent lot line shall be set back
a minimum of two feet plus one foot of setback for every one-foot
vertical wall height of the closest wall, and the setback shall be
landscaped for screening.
M. The right angle or radial lot line requirements contained in §
32B-10A(5)(b) shall not be applicable to the subdivision of lots in the R-2A Zone District.
The following regulations shall apply in all R-3 Districts:
A. Permitted uses.
(1) Single-family dwelling and the accessory buildings and uses normally
auxiliary thereto.
(2) Private garages as an accessory building and as regulated by §
85-29 of this chapter.
(3) Private swimming pools as an accessory structure and as regulated by Chapter
67, Swimming Pools.
(4) Municipally owned or operated facilities or uses.
(6) Home occupations as an accessory use and as regulated by §
85-32.1 of this chapter.
[Added 7-27-1999 by Ord. No. 818]
(7) Community residences for the developmentally disabled.
[Added 7-27-1999 by Ord. No. 819]
(8) Community shelters for victims of domestic violence.
[Added 7-27-1999 by Ord. No. 819]
(9) Community residences for the terminally ill.
[Added 7-27-1999 by Ord. No. 819]
(10)
Community residences for persons with head injuries.
[Added 7-27-1999 by Ord. No. 819]
B. Conditional uses requiring a special permit as provided in Article
VIII.
(2) Public utility facilities or uses.
(3) County, state or federal buildings or uses.
C. Prohibited uses. Any uses other than those uses permitted by Subsection
A or
B are prohibited.
D. Minimum lot area and dimensions.
(1) The lot area shall not be less than 6,500 square feet and shall be
computed within 120 feet of the front street lot line, except corner
lots, which shall not be less than 7,800 square feet.
(2) The lot frontage shall not be less than 60 feet.
(3) The lot width shall not be less than 48 feet.
(4) The lot depth shall not be less than 80 feet.
E. Minimum yard requirements, interior lots.
(1) Front yard depth: 30 feet, except that where the existing buildings
on the same side of the street and within 200 feet of either side
line of the subject property form an existing setback line, new buildings
shall conform to the existing setback line, provided that no building
need have a front yard greater than 50 feet.
(2) Side yard width. There shall be two side yards, and no side yard
shall be less than 10 feet.
[Amended 2-28-1989 by Ord. No. 625]
(3) Rear yard depth: 30 feet.
F. Minimum yard requirements, corner lots.
(1) Front street yard depth: 30 feet, except that where the existing
buildings on the same side of the street and within 200 feet of either
side line of the subject property form an existing setback line, new
buildings shall conform to the existing setback line, provided that
no building need have a front yard greater than 50 feet.
(2) Side street yard width: 30 feet.
(3) Interior side yard width: 10 feet.
[Amended 2-28-1989 by Ord. No. 625]
(4) Rear yard depth: 30 feet.
G. Minimum open space requirements.
(1) Lot coverage shall not exceed 25% of lot area.
[Amended 2-28-1989 by Ord. No. 625; 7-16-2013 by Ord. No. 1024; 11-25-2014 by Ord. No. 1035]
(2) Livable floor area for one-story dwellings shall not be less than
1,000 square feet and 1,500 square feet for multilevel dwellings,
exclusive of garages, basements, open porches, livable attics and
accessory buildings.
(3) Improved lot coverage shall not exceed 45% of the area of the lot.
[Added 2-28-1989 by Ord. No. 625; amended 7-16-2013 by Ord. No.
1024]
(4) There shall be a minimum of 2,000 square feet of lot area for each
bedroom provided in a dwelling.
[Added 7-27-1999 by Ord. No. 819]
(5) Lot coverage by accessory buildings and structures shall not exceed
7.5% of lot area.
[Added 12-21-1999 by Ord. No. 821; amended 11-25-2014 by Ord. No. 1035]
(6) First-floor gross floor area of accessory buildings shall not exceed
800 square feet per building.
[Added 12-21-1999 by Ord. No. 821]
(7) Swimming
pool improved lot coverage exception. A swimming pool up to 450 square
feet is exempted from the maximum improved lot coverage calculation,
subject to the installation of a seepage tank sized for draining the
pool in accordance with the requirements of the Borough Engineer.
[Added 4-28-2009 by Ord. No. 953]
H. Maximum building heights. No principal building shall exceed a height
of 35 feet containing no more than 2 1/2 stories. No accessory building
shall exceed a height of 15 feet containing no more than 1 1/2 stories.
[Amended 12-21-1999 by Ord. No. 821; 3-22-2005 by Ord. No. 897]
I. Detached accessory buildings and structures. Minimum distances to
the following:
(1) Principal building and each other: 10 feet.
(4) Interior lot side lines: 10 feet.
(5) Interior lot rear line: 10 feet.
(6) Corner lot rear line: 10 feet.
J. Projections into front yard for interior and corner lots. Roofed
and unroofed entry platforms and/or associated stoops and steps not
exceeding 35 square feet in area shall be permitted in the front yard
setback area, provided that, in any single-family zone, such projection
shall not extend into the required front yard setback area by more
than eight feet.
[Added 7-16-2013 by Ord. No. 1024]
K. Minimum graduated side yard setback requirements for second floor
of dwellings. The minimum side yard setback for the second floor shall
not be closer to a side lot line than 10 feet on one side where two
side yards exist; the total of both side yard setbacks shall not be
less than 40% of the lot width. In no case shall the combined side
yard width total less than 20 feet.
[Added 7-16-2013 by Ord. No. 1024]
The following regulations shall apply in all R-4 Districts:
A. Permitted uses.
(1) Two-family dwellings and the accessory buildings and uses normally
auxiliary thereto.
(2) Single-family dwellings which shall meet the requirements of R-3
Districts.
(3) Private garages as an accessory building and as regulated by §
85-29 of this chapter.
(4) Private swimming pools as an accessory structure and as regulated by Chapter
67, Swimming Pools.
(5) Municipally owned or operated facilities or uses.
(7) Home occupations as an accessory use and as regulated by §
85-32.1 of this chapter.
[Added 7-27-1999 by Ord. No. 818]
(8) Community residences for the developmentally disabled.
[Added 7-27-1999 by Ord. No. 819]
(9) Community shelters for victims of domestic violence.
[Added 7-27-1999 by Ord. No. 819]
(10)
Community residences for the terminally ill.
[Added 7-27-1999 by Ord. No. 819]
(11)
Community residences for persons with head injuries.
[Added 7-27-1999 by Ord. No. 819]
B. Conditional uses requiring a special permit as provided in Article
VIII.
(1) Public utility facilities or uses.
(2) County, state or federal building or uses.
C. Prohibited uses. Any uses other than those uses permitted by Subsection
A or
B are prohibited.
D. Minimum lot area and dimensions.
(1) The lot area shall not be less than 10,000 square feet and computed
within 145 feet of the front street lot line.
(2) The lot frontage shall not be less than 75 feet.
(3) The lot width shall not measure less than 60 feet.
(4) The lot depth shall not be less than 100 feet.
E. Minimum yard requirements, interior lots.
(1) Front yard depth: 30 feet, except that where the existing buildings
on the same side of the street and within 200 feet of either side
line of the subject property form an existing setback line, new buildings
shall conform to the existing setback line, provided that no building
need have a front yard greater than 50 feet.
(2) Side yard width. There shall be two side yards, and no side yard
shall be less than 10 feet.
(3) Rear yard depth: 30 feet.
F. Minimum yard requirements, corner lots.
(1) Front street yard depth: 30 feet, except that where the existing
buildings on the same side of the street and within 200 feet of either
side line of the subject property form an existing setback line, new
buildings shall conform to the existing setback line, provided that
no building need have a front yard greater than 50 feet.
(2) Side street yard width: 30 feet.
(3) Interior side yard width: 10 feet.
(4) Rear yard depth: 30 feet.
G. Minimum open space requirements.
(1) Lot coverage by principal and accessory buildings shall not exceed
30% of the land area of any lot.
(2) Livable floor area shall not be less than 1,000 square feet per dwelling
unit, exclusive of garages, basements, open porches, livable attics
and accessory buildings.
(3) There shall be a minimum of 2,000 square feet of lot area for each
bedroom provided in a dwelling.
[Added 7-27-1999 by Ord. No. 819]
(4) Lot coverage by accessory buildings and structures shall not exceed
30% of permitted improved lot coverage.
[Added 12-21-1999 by Ord. No. 821]
(5) First-floor gross floor area of accessory buildings shall not exceed
800 square feet per building.
[Added 12-21-1999 by Ord. No. 821]
H. Maximum building heights. No principal building shall exceed a height
of 35 feet containing no more than 2 1/2 stories. No accessory building
shall exceed a height of 15 feet containing no more than 1 1/2 stories.
[Amended 12-21-1999 by Ord. No. 821; 3-22-2005 by Ord. No. 897]
I. Detached accessory buildings and structures. Minimum distances to
the following:
(1) Principal building and each other: 10 feet.
(4) Interior lot side line: 10 feet.
(5) Interior lot rear line: 10 feet.
(6) Corner lot rear line: 15 feet.
[Added 12-11-1985 by Ord. No. 589]
The following regulations shall apply in all R-5 Districts:
A. Permitted uses shall be as follows:
(1)
Single-family dwellings which shall meet the requirements of
R-1 Districts.
(2)
Townhouses, in a planned arrangement, including driveways, walkways,
parking areas, recreational facilities or areas and open spaces, either
landscaped or remaining in a natural state, and buffer areas, established
under common ownership and maintenance. There may be private patios
or yard areas, but all exterior spaces as well as building exteriors
shall be subject to a common maintenance agreement.
(3)
Private garages as an accessory building and as regulated by §
85-29 of this chapter.
(4)
Private swimming pools as an accessory structure and as regulated by Chapter
67, Swimming Pools.
(5)
Municipally owned or operated facilities or uses.
(6)
Accessory structures, including recreational facilities for
the townhouse residents such as tennis courts and community buildings.
(7)
Home occupations as an accessory use and as regulated by §
85-32.1 of this chapter.
[Added 7-27-1999 by Ord. No. 818]
(8)
Community residences for the developmentally disabled.
[Added 7-27-1999 by Ord. No. 819]
(9)
Community shelters for victims of domestic violence.
[Added 7-27-1999 by Ord. No. 819]
(10)
Community residences for the terminally ill.
[Added 7-27-1999 by Ord. No. 819]
(11)
Community residences for persons with head injuries.
[Added 7-27-1999 by Ord. No. 819]
B. Conditional uses, requiring a special permit as provided in Article
VIII, shall be as follows:
(1)
Public utility facilities or uses.
(2)
County, state or federal building or uses.
C. Prohibited uses. Any uses other than those uses permitted by Subsection
A or
B are prohibited.
D. Minimum lot area and dimensions.
(1)
The lot area shall not be less than nine acres.
(2)
The lot frontage shall not be less than 50 feet.
(3)
The lot width shall not measure less than 500 feet.
(4)
The lot depth shall not be less than 500 feet.
E. Density. Maximum density shall be four dwelling units per acre, calculated
on the basis of total site area. For Block 54B, Lot 1-B, comprising
9.6 acres more or less, no more than 38 units shall be developed.
For Lot 1-A, comprising 1.0 acre more or less, no additional units
shall be permitted, but this lot may be used for supporting facilities
and to contribute to open space and other requirements for a development
on Lot 1-B.
F. Minimum yard requirements, interior lots.
(1)
The front yard depth shall be 50 feet.
(2)
Side yard width. There shall be two side yards, and no side
yard shall be less than 50 feet.
(3)
The rear year depth shall be 50 feet.
G. Minimum yard requirements, corner lots.
(1)
The front street yard depth shall be 50 feet.
(2)
The side street yard width shall be 50 feet.
(3)
The interior side yard width shall be 50 feet.
(4)
The rear yard depth shall be 50 feet.
H. Minimum open space requirements.
(1)
Lot coverage by principal and accessory buildings shall not
exceed 20% of the land area of the tract.
(2)
Wetlands shall be preserved in their natural state and sufficient
open space shall be provided for floodwater detention so that there
will be zero increase in the rate of runoff from the site before and
after development. No soil disturbance or land filling shall take
place below elevation 112 feet unless approved by the United States
Army Corps of Engineers and the New Jersey Department of Environmental
Protection, so that existing wetlands will be preserved and no additional
flood hazard caused to adjoining areas.
(3)
There shall be a minimum of 2,000 square feet of lot area for
each bedroom provided in a dwelling.
[Added 7-27-1999 by Ord. No. 819]
I. Buffer areas. Buffer areas at least 10 feet in width shall be provided,
or existing vegetation preserved in its natural state if this forms
a visual screen, on all lot lines adjoining residential zones, excluding
public streets or roads.
J. Noise barriers. Noise barriers shall be erected, along frontage on
Route 17 and, if Block 54B, Lot 1-B is developed for townhouses but
the site is not consolidated with Lot 1-A, along the westerly lot
line of Lot 1-B. The developer shall be allowed a time period of up
to 24 months to pursue a request to the New Jersey Department of Transportation
to erect such barrier, but if this is not done, the developer shall
provide the barrier, in the form of a berm at least 12 feet in height,
with evergreen trees placed on top of the berm, at least six feet
in height and 10 feet on center, in a staggered pattern. A planting
strip right-of-way of at least 40 feet in width shall be dedicated
to the Borough along Route 17, which strip may include the required
noise barrier.
K. Maximum height of buildings. No principal building shall exceed a
height of 35 feet or exceed three stories. No detached accessory building
shall exceed 3/4 the height of the principal buildings.
L. Design limitations.
(1)
Individual planned residential townhouse development units may
be combined into one building, provided that said overall structure
shall not contain more than six units.
(2)
No such group of units shall exceed a length of 180 feet.
(3)
No more than four adjacent units shall be constructed without
providing a staggered front building wall offset of not less than
four feet.
(4)
Each unit shall not have less than two means of ingress and
egress into each dwelling unit.
(5)
Each unit shall have no less than two walls with window exposure.
(6)
Each unit shall be separated by masonry party walls extending
to the roof rafters, with a soundproofing equivalent to eight-inch-thick
concrete block.
(7)
A minimum of two smoke detectors are to be provided in each
dwelling unit.
M. Minimum separation between buildings. The minimum separation distance
between dwelling units shall be as follows:
(5)
Side-to-side: none, except, where provided, a minimum of 25
feet.
N. Detached accessory buildings and structures, minimum distances to
the following:
(1)
Principal building and each other: 20 feet.
(4)
Interior lot side line: 30 feet.
(5)
Interior lot rear line: 30 feet.
O. Driveways. The right-of-way and pavement widths of all internal driveways
shall be adequate in size and location to accommodate the maximum
anticipated traffic and access of fire-fighting and police vehicles.
Minimum paved width shall be 12 feet for a one-way driveway and 20
feet for a two-way driveway.
P. Interior streets or driveways are to be owned and maintained by the
developer or any owner's association, but with the Borough police
having written approval to patrol and prohibit parking on interior
streets or driveways.
Q. Access drives and parking areas shall be developed according to Borough
specifications for paving and curbs, as related to driveways and parking
areas.
R. No access drives or parking spaces shall be closer than 10 feet to
a building, except where parking is under or within a building.
S. Lighting. All exterior lighting shall be arranged so as to reflect
the light away from all adjoining premises.
T. All electric, telephone and cable television lines are to be underground.
U. Landscaping. Attractive landscape plantings shall be provided and
maintained, and existing trees shall be retained wherever possible.
[Added 9-26-2017 by Ord.
No. 2017-11]
A. Purpose. To address its affordable housing obligation in compliance
with settlement agreements entered into with Fair Share Housing Center,
Chamberlain Developers, Inc., and Jonathan L. Mechanic (d.b.a. Ho-Ho-Kus
Crossings) on December 21, 2016, and January 5, 2017, the Borough
shall rezone the property at Block 1014, Lots 1 and 2, also known
as the Borough-owned commuter parking lot, to permit a multifamily,
one-hundred-percent affordable residential development with at least
13 units affordable to very-low-, low-, and moderate-income households.
Such development permitted by this section must be compliant with
the settlement agreements, the rules at N.J.A.C. 5:93-1 et seq. ("COAH's
Second Round rules"), the Borough's Affordable Housing Ordinance at Chapter
2 of the Borough Code, the Uniform Housing Affordability Controls (UHAC) at N.J.A.C. 5:80-1 et seq., and the statutory requirement for the provision of very-low-income housing at N.J.S.A. 52:27D-329.1 et seq.
B. Permitted uses in the MF-AH Zone District shall be limited to the
following:
(1)
One-hundred-percent affordable multifamily residential development,
provided the following:
(a)
The multifamily affordable development permitted by this district
must contain no fewer than 13 dwelling units, all of which must be
affordable to very-low-, low-, and moderate-income households; and
(b)
The affordable unit(s) must be created and administered in accordance with the regulating documents identified in §
85-12.2A, Purpose, of this district; and
(c)
Not more than three of the 13 units may be restricted to persons
with special needs; and
(d)
Of the remaining 10 units, not more than three units may be
one-bedroom units, at least four units must be two-bedroom units,
and at least three units must be three-bedroom units; and
(e)
No units may be age-restricted.
C. Accessory uses.
(1)
Private residential garage and off-street parking, in accordance with §
85-36, Off-street parking and loading, of the Zoning chapter, except where it is superseded by the provisions in this district.
(2)
Decks, balconies and porches.
(3)
Sheds for tools and equipment for the maintenance of the grounds.
(4)
Indoor and outdoor recreation and activity uses for residents
and their guests.
(5)
Fences and hedges subject to the requirements of §
85-37.3, Fences.
(6)
Signs subject to the requirements of §
85-37, Signs.
(7)
Satellite antenna less than one meter in diameter.
(8)
Other customary accessory uses and structures which are clearly
incidental to the principal structures and uses.
D. Off-street parking.
(1)
There shall be a minimum of 1.15 spaces per unit.
(2)
At least one barrier-free parking space must be provided.
(3)
Private resident parking must be accessed by a driveway separate
from commuter parking. There shall be parking spaces reserved for
residents.
E. Minimum lot area and dimensions.
(1)
Minimum lot area: one acre.
(2)
Minimum frontage: 300 feet.
G. Minimum yard depths.
(1)
Front yard depth: 10 feet.
(2)
Rear yard depth: 15 feet.
(3)
Side yard setback to Block 1014, Lot 3: zero feet.
H. Maximum building height: four stories.
The following regulations shall apply in all GB Districts:
A. Permitted uses. The GB Zone District shall be limited to include
the following:
(1) Single-family and two-family residences, except apartments located
over, under or in business establishments. Single-family dwellings
shall meet all requirements of R-3 Districts. Two-family residences
shall meet all requirements of R-4 Districts.
(2) Wholesale trade, including automotive equipment, dry goods and apparel
and electrical goods stores.
(3) Retail trade, including paint, glass and wallpaper stores; hardware
stores; limited price variety stores; general stores, grocery stores
and delicatessens; meat and fish markets; fruit stores and vegetable
stores; confectionery stores; dairy products stores; retail bakeries;
clothing stores; women's accessory and specialty stores; shoe stores;
custom tailors; furriers and fur shops; furniture, home furnishings
and equipment stores; household appliance stores; radio, television
and music stores; drugstores; liquor stores; antique stores; sporting
goods stores; bicycle shops; florists; camera stores; gift shops;
beauty parlors; travel agents; floor covering stores; medical supplies
stores; drapery, curtain and upholstery stores; insurance agents;
and printing and copying stores.
[Amended 3-24-1998 by Ord. No. 796; 12-16-2003 by Ord. No. 882; 3-23-2010 by Ord. No. 960; 5-24-2011 by Ord. No. 987; 7-26-2011 by Ord. No. 993]
(4) Finance, insurance and real estate services, including savings and
loan associations, insurance agents and carriers, real estate agents
and banks.
(5) Personal services, including dry-cleaning establishments, photographic
studios, beauty shops, barbershops, shoe repair shops, spa/nail salon
establishments and pet grooming establishments.
[Amended 12-16-2003 by Ord. No. 882]
(6) Medical, health and legal services, including professional offices
of physicians, dentists, lawyers and veterinarians.
(7) Other professional services, including engineering, architectural
and planning services; nonprofit educational and scientific research
agencies and accounting services.
(8) Post offices, libraries, churches, parking lots and civic associations.
(9) Accessory buildings and accessory uses normally auxiliary thereto.
(11)
Community residences for the developmentally disabled.
[Added 7-27-1999 by Ord. No. 819]
(12)
Community shelters for victims of domestic violence.
[Added 7-27-1999 by Ord. No. 819]
(13)
Community residences for the terminally ill.
[Added 7-27-1999 by Ord. No. 819]
(14)
Community residences for persons with head injuries.
[Added 7-27-1999 by Ord. No. 819]
(15)
Health clubs.
[Added 6-27-2000 by Ord. No. 829]
(16)
Business offices.
[Added 10-27-2015 by Ord.
No. 1041]
B. Conditional uses requiring a special permit as provided in Article
VIII:
(1) Public utility facilities or uses.
(2) Automotive service stations.
(3) County, state or federal facilities or uses.
(6) Wireless communications towers and antennas and associated facilities.
[Added 4-23-2002 by Ord. No. 846]
(7) Restaurants,
except lunch wagons, diners, road stands or any eating place seating
less than 25 people or rendering service other than inside the premises
where the business is conducted, unless operating as a licensed outdoor
cafe. A restaurant shall not be located on a lot that is contiguous
or adjacent to a single-family residential zone.
[Added 5-24-2011 by Ord. No. 987; amended 7-26-2011 by Ord. No.
993]
C. Prohibited uses. Any uses other than those uses permitted by Subsection
A or
B are prohibited. Without in any way limiting the generality and prohibition of this section, nothing contained in this chapter shall be construed to permit the following uses in any GB District:
(2) Places of amusement such as penny arcades, shooting galleries or
buildings or structures containing games of chance or other types
of carnival enterprises such as palmistry, phrenology, astrology and
the like.
(3) Lots used for sale, rental or storage of cars, machinery, motorcycles,
boats, camping vehicles and trailers of any description shall not
be permitted.
(4) Drive-in restaurants, fast-food restaurants, quick-service restaurants
or other eating places, such as lunch wagons, diners or road stands,
or any eating places rendering service other than inside the premises
where the business is conducted, unless operating as a licensed outdoor
cafe.
[Amended 3-24-1998 by Ord. No. 796; 3-23-2010 by Ord. No. 960]
(5) Unenclosed storage yards, junkyards, auction establishments, hotels,
motels, pool halls, storage buildings, funeral parlors and warehouses.
(6) Industrial and manufacturing uses or activities.
(7) Apartments located over, under or in business establishments.
D. Minimum lot area and dimensions.
(1) The lot area shall not be less than 5,000 square feet and shall be
computed within 110 feet of the front street line.
(2) The lot frontage shall not be less than 50 feet.
(3) The lot width shall not be less than 40 feet.
(4) The lot depth shall not be less than 80 feet.
E. Minimum yard requirements, interior lots.
(1) Front yard depth. All permitted business uses and buildings shall
be set back from the front street line at least 10 feet or shall conform
to the existing setback line in the same zone and block front. No
required front yard shall be used for the display, rental or sale
of merchandise.
(2) Side yard width. None required, but if provided, a side yard shall
be at least 10 feet wide.
(3) Rear yard depth: 30 feet.
F. Minimum yard requirements, corner lots.
(1) Front yard depth. All permitted business uses and buildings shall
be set back from both street lines at least 10 feet or shall conform
to the existing setback line in the same zone and block front. No
required front street or side street yard shall be used for the display,
rental or sale of merchandise.
(2) Side street yard width: 10 feet.
(3) Interior side yard width. None required, but if provided, a side
yard shall be at least 10 feet wide.
(4) Rear yard depth: 30 feet.
G. Minimum open space requirements.
(1) The percentage of lot coverage shall not exceed 50% of the land area
of the lot.
(2) Minimum building size. No principal building shall have a ground
floor area of less than 1,800 square feet.
(3) There shall be a minimum of 2,000 square feet of lot area for each
bedroom provided in single-family and two-family dwellings.
[Added 7-27-1999 by Ord. No. 819]
H. Maximum height of buildings. No building shall be erected to a height
in excess of 40 feet.
I. Detached accessory buildings and structures. Minimum distance to
the following:
(1) Principal building and each other: 10 feet.
(4) Interior lot side line: 10 feet.
(5) Interior lot rear line: 10 feet.
(6) Corner lot rear line: 10 feet.
J. Site plan review and approval. Prior to the issuance of any building permit, zoning permit or certificate of occupancy, as the case may be, the Planning Board shall have submitted to it for review and approval a site plan as required in Chapter
32B, Land Subdivision and Site Plan Review. Such site plan shall be required for all new construction, conversions and changes in type or use.
[Added 7-25-2017 by Ord.
No. 2017-10]
A. Purpose. To address its affordable housing unmet need obligation,
the Borough shall implement an Inclusionary Overlay Zone Ordinance
that creates a realistic opportunity for housing in the Borough's
downtown that is affordable to low- and moderate-income households.
This chapter establishes the Downtown Inclusionary Overlay Zone and
permits the creation of multifamily housing within the downtown area
(as outlined in the appended maps), provided that such housing complies with a required twenty-percent
inclusionary set-aside requirement and with the requirements of this
chapter.
B. Area affected. The Downtown Inclusionary Overlay Zone is comprised
of four subzones shown on the maps in the appendix to this code. Overlays 1 and 2 (OL-1 and OL-2) comprise the blocks and
lots surrounding North Maple Avenue and Sheridan Avenue. Overlay 3
(OL-3) includes commercial lots fronting on Franklin Turnpike, Sycamore
Avenue, and Warren Avenue, and Overlay 4 (OL-4) includes the first
three lots north of Warren Avenue, between Sycamore Avenue and Sheridan
Avenue.
C. Special rules. Inclusionary multifamily development is permitted
in each OL overlay zone, conditioned on compliance with this chapter
and the following limitations:
(1)
Where a property in the OL-1, OL-2, or OL-3 Zone is to be developed
with a multifamily inclusionary residential use and the underlying
zone is GB General Business, residential uses are restricted to the
upper stories of a building and the ground-story use shall be a nonresidential
use.
(2)
Where multifamily inclusionary development is to occur on a
property in the OL-1 or OL-3 Zone, and the underlying zone is an R-2
or R-4 Residential Zone, nonresidential uses are prohibited from occurring
on the same property.
(3)
Where multifamily inclusionary development is to occur on a
property in the OL-4 Zone, such property may be developed for and
contain a mix of multifamily residential use and public use.
(4)
In any multifamily inclusionary development permitted by this section, at least 20% of the residential units must be affordable to low- and moderate-income households. In the event that 20% of the total number of residential units does not result in a full integer, the developer/property owner shall refer to §
2-3C with regard to addressing the fractional unit.
[Amended 3-27-2018 by Ord. No. 2018-03]
(a)
The developer/property owner may round the fractional number
of units upward to provide one additional whole unit; or
(b)
The developer/property owner provides the whole number of units
resulting from the twenty-percent set-aside on the full unit count
of the development and pays a six-percent affordable housing development
fee on the number of the balance of the total units at the site that
do not generate a whole affordable housing unit from a twenty-percent
set-aside. The number of market rate units subject to the six-percent
development fee will be calculated as follows: Total no. of units
- (Affordable units to be constructed x 5) = No. of market rate units
subject to dev. fee.
(c)
Examples:
[1]
If there are four total units at a site, at least one must be
affordable or the developer must provide a development of 6% on each
of the four market rate units, because four total units do not generate
one full affordable housing unit based on the 20% set-aside requirement.
Units subject to six-percent development fee: 4 units - (0 affordable
units x 5) = 4 market rate units subject to dev. fee.
[2]
If there are 18 total units, the developer must create four
affordable units or create three affordable units and pay a fee of
6% on three units that do not generate one whole affordable housing
unit based on the twenty-percent set-aside requirement. Units subject
to 6% development fee:
18 units - (3 affordable units x 5) =
|
|
= 18 units - 15 units
|
|
= 3 market-rate units subject to development fee
|
(d)
The amount of the development fee shall be determined by the
Borough prior to the issuance of a building permit and shall be imposed
as a condition of development approval.
(e)
In any multifamily development having five or more residential
units, at least one unit must be established as affordable to low-
and moderate-income households.
(5)
All affordable units produced in an overlay district must comply with the Borough's Affordable Housing Ordinance at Chapter
2 of the Borough Code.
(6)
The effects and requirements of this chapter shall supersede the requirements of the Borough-wide mandatory set-aside at §
2-3.
D. Permitted principal uses in the Downtown Overlay District shall be
limited to the following:
(1)
All uses permitted by the underlying zoning, except that:
(a)
Where the GB District is the underlying zoning, only those uses permitted in the GB District by §
85-13A(2) through
(10),
(15) and
(16) are permitted as the ground-story uses in any mixed-use, multifamily inclusionary development.
(b)
Uses permitted by §
85-13A(11) through
(14) are permitted as stand-alone uses and are not subject to any other conditions of the overlay zone ordinance. However, if a use permitted by §
85-13A(11) qualifies as an eligible affordable housing credit, then such use may be permitted as an upper-story use.
(2)
A multifamily inclusionary residential use is permitted, conditioned on compliance with §
85-13.1C, Special rules, in this chapter.
(3)
In the OL-4 Overlay Zone, the following uses are permitted individually
or as mixed-use, provided that compliance with the density and building
height requirements for the OL-4 Zone are observed and each use has
separate building entrances and parking areas.
(a)
Municipal government uses; and
(b)
Inclusionary, multifamily residential uses.
E. Accessory buildings, structures and uses shall be permitted when used in conjunction with a principal permitted use and in compliance with §
85-15.1, Accessory buildings and structures.
(1)
Private residential garage and off-street parking, in accordance with §
85-36, Off-street parking and loading, of the Zoning chapter, except where it is superseded by the rules in §
85-13.1H, Parking, below.
(2)
Decks, balconies and porches.
(3)
Sheds for tools and equipment for the maintenance of the grounds.
(4)
Outdoor recreational uses for residents and their guests.
(5)
Fences and hedges subject to the requirements of §
85-37.3, Fences, except where superseded by this chapter.
(6)
Signs subject to the requirements of §
85-37, Signs, except where superseded by this chapter.
(7)
Satellite antenna less than one meter in diameter.
(8)
Outdoor seating for residents, employees, and customers (§
85-15.1C of the Accessory buildings and structures section shall not prohibit these structures from being located in the front yard).
(9)
Outdoor dining/cafe, as regulated by §
85-13.1I(10), Outdoor dining/cafes, in this chapter.
(10)
Other customary accessory uses and structures which are clearly
incidental to the principal structures and uses.
F. Prohibited uses.
(1)
Where inclusionary multifamily uses are permitted by this chapter,
nonresidential uses are prohibited on a second or third story. However,
where a mixed-use development is permitted by this chapter with a
ground-floor nonresidential use, an office, utility room, or storage
room associated with a ground-story nonresidential use in a three-story
building may occupy not more than one-fifth (20%) of the gross floor
area of the second story, provided that it is not accessed by any
hall or stairway shared with residential uses in the same building.
(2)
Where the underlying zoning is GB, residential uses are prohibited
from occupying the ground story.
(3)
Except in the OL-4 Zone, where the underlying zoning is R-2
or R-4, nonresidential uses are prohibited.
G. Bulk standards.
(1)
The bulk standards of the R-2 and R-4 Zones shall be superseded
by the following standards for any new multifamily development, provided
that it conforms to the inclusionary set-aside standards of this chapter,
as follows:
(a)
Maximum improved lot coverage: 60%.
(b)
Maximum lot coverage: 40%.
(c)
Minimum open space requirements of the R-2 and R-4 Zones do
not apply.
(d)
Front yard setback: 15 feet.
(2)
The bulk standards of the GB Zone shall apply to any property
for which the underlying zoning is the GB Zone, except that:
(a)
The required front yard setback for any building complying with
this chapter shall be reduced to three feet from the public right-of-way
line or the existing average setback of neighboring buildings.
(b)
Where two adjacent properties provide contiguous side yards,
the minimum side yard requirement for each property is reduced from
10 feet to five feet, so that the total space between the principal
buildings is at least 10 feet, provided that access to the combined
ten-foot side yard is shared between both properties. Otherwise, the
existing side yard standards for the GB Zone apply.
(3)
Density. The underlying zoning requirements shall be superseded
by this chapter to permit the following maximum net densities for
each overlay subzone, in dwelling units per acre:
(4)
Number of stories: The underlying zoning requirements shall
be superseded by this chapter to permit the following maximum number
of stories for new or enlarged buildings in each overlay subzone:
(5)
There shall be a planted buffer of at least five feet between
any parking area and the boundary of a contiguous residential zone
outside of the downtown overlay area.
(6)
There shall be a planted buffer of at least 10 feet between
any principal building and the boundary of a contiguous residential
zone outside of the downtown overlay area.
(7)
All other properties and developments are subject to the side
yard setbacks of the underlying zoning, except where otherwise provided
in this section.
H. Parking.
(1)
Off-street parking shall be restricted to the rear yard or the
side yard.
(2)
The minimum amount of parking required for a site shall be based on the rates required by §
85-36, Off-street parking and loading, except that:
(a)
Parking for residential units shall be calculated as:
[1]
Studio/efficiency and one-bedrooms: 0.8 space.
[3]
Three-bedroom: 1.9 spaces.
(b)
The minimum parking requirement for mixed-use sites shall be
calculated based on the table below, as follows:
[1]
Determine the minimum parking requirements for each use on the site pursuant to §
85-36, Off-Street Parking and Loading, except that the following shall supersede those parking requirements in any mixed-use structure:
[a] Sit-down restaurants and bars: one parking space
for every four seats.
[b] Take-out restaurant: one parking space for every
30 square feet of gross floor area of customer/patron space.
[c] Office: one parking space for every 300 square
feet of gross floor area.
[d] Retail: one parking space for every 200 feet of
gross floor area.
[2]
Multiply each minimum parking requirement by the corresponding
percentages for each of the time periods set forth in columns B through
G of the table below.
[3]
Calculate the total for each time period.
[4]
The minimum parking requirement shall be the largest sum of
the six columns.
A
|
B
|
C
|
D
|
E
|
F
|
G
|
---|
Land Use
|
Weekdays
|
Weekends
|
---|
|
1:00 a.m. to 7:00 a.m.
|
7:00 a.m. to 6:00 p.m.
|
6:00 p.m. to 1:00 a.m.
|
1:00 a.m. to 7:00 a.m.
|
7:00 a.m. to 6:00 p.m.
|
6:00 p.m. to 1:00 a.m.
|
---|
Office
|
5%
|
100%
|
5%
|
0%
|
15%
|
0%
|
Retail
|
0%
|
100%
|
80%
|
0%
|
100%
|
60%
|
Restaurant (not 24 hours)
|
20%
|
70%
|
100%
|
30%
|
75%
|
100%
|
Residential
|
100%
|
60%
|
100%
|
100%
|
75%
|
95%
|
Example. A ground-floor restaurant with 36 seats (requiring
nine parking spaces), with a seven-space residential parking requirement
and a three-space office requirement:
|
A
|
B
|
C
|
D
|
E
|
F
|
G
|
---|
Land Use
|
Weekdays
|
Weekends
|
---|
|
1:00 a.m. to 7:00 a.m.
|
7:00 a.m. to 6:00 p.m.
|
6:00 p.m. to 1:00 a.m.
|
1:00 a.m. to 7:00 a.m.
|
7:00 a.m. to 6:00 p.m.
|
6:00 p.m. to 1:00 a.m.
|
---|
Office
|
5% x 3
|
100% x 3
|
5% x 3
|
0% x 3
|
15% x 3
|
0% x 3
|
Retail
|
0% x 0
|
100% x 0
|
80% x 0
|
0% x 0
|
100% x 0
|
60% x 0
|
Restaurant (not 24 hours)
|
20% x 9
|
70% x 9
|
100% x 9
|
30% x 9
|
75% x 9
|
100% x 9
|
Residential
|
100% x 7
|
60% x 7
|
100% x 7
|
100% x 7
|
75% x 7
|
95% x 7
|
A
|
B
|
C
|
D
|
E
|
F
|
G
|
---|
Land Use
|
Weekdays
|
Weekends
|
---|
|
1:00 a.m. to 7:00 a.m.
|
7:00 a.m. to 6:00 p.m.
|
6:00 p.m. to 1:00 a.m.
|
1:00 a.m. to 7:00 a.m.
|
7:00 a.m. to 6:00 p.m.
|
6:00 p.m. to 1:00 a.m.
|
---|
Office
|
0.15 → 1
|
3
|
0.15 → 1
|
0
|
0.45 → 1
|
0
|
Retail
|
0
|
0
|
0
|
0
|
0
|
0
|
Restaurant (not 24 hours)
|
1.8 → 2
|
6.3 → 7
|
9
|
3
|
6.75 → 7
|
9
|
Residential
|
7
|
4.2 → 5
|
7
|
7
|
5.25 → 6
|
6.65 → 7
|
Total
|
10
|
15
|
17
|
10
|
14
|
16
|
Example parking requirement =17.
|
[5]
The parking requirement calculated by this method will be subject
to Board review.
[a] At the time of Board review of the parking calculation
for a mixed-use development, the Board may require the property owner
to regulate the hours during which parking for one or more uses on
the site is permitted.
(3)
Alternative parking options.
(a)
If the parking requirement calculated in §
85-13.1H(2) above exceeds the number of parking stalls that a site can realistically accommodate, an applicant may address its parking balance as follows:
[1]
Shared parking. An applicant may participate in a shared parking
agreement, provided the following:
[a] A shared parking site for residents and employees
shall not be farther than 300 feet from the building, as measured
by distance walked along public rights-of-way and pedestrian walkway
areas.
[b] A shared parking site for customers shall not be
farther than 500 feet from the building, as measured by distance walked
along public rights-of-way and pedestrian walkway areas.
[c] All required barrier-free parking must be located
on site and may not be displaced to a shared parking site.
[2]
An applicant requesting use of an off-site shared parking arrangement
must submit a study demonstrating:
[a] That the required parking cannot feasibly be provided
on site without compromising the economic value of the proposed development.
[b] That the distance between the site and the shared
parking meets the requirements above.
[c] That the proposed shared parking location can reasonably
accommodate peak parking and traffic for all uses that will be sharing
the parking.
(b)
An applicant requesting to use shared parking must enter into
an agreement with the owner of the shared parking site.
[1]
Shared parking agreement. A shared parking plan will be enforced
through written agreement among all owners of record. The owner of
the shared parking area shall enter into a written developer's agreement
with the Borough with enforcement running to the Borough providing
that the land comprising the parking area shall never be disposed
of except in conjunction with the sale of the building which the parking
area serves so long as the facilities are required and that the owner
agrees to bear the expense of recording the agreement and such agreement
shall bind his or her heirs, successors, and assigns. An attested
copy of the agreement between the owners of record shall be submitted
to the administrative officer for recordation in a form established
by the Borough attorney. Recordation of the agreement must take place
before issuance of a building permit or certificate of occupancy for
any use to be served by the shared parking area. A shared parking
agreement may be revoked only if all required off-street parking spaces
will be provided on site in accordance with the off-street parking
schedules in this section. The written agreement shall be voided by
the Borough if other off-street facilities are provided in accord
with these zoning regulations.
(c)
Parking fund contribution. For an applicant that obtains variance or waiver relief for fewer parking spaces than required by §
85-13.1H(1) and
(2) above, a payment shall be made to the Borough in the amount to be determined for each parking space in which said relief has been granted.
[1]
The fee required under this §
85-13.1H(3)(c) shall only apply to new deficiencies in parking spaces resulting from a change in use.
[2]
An applicant is permitted to pay the fee in lieu of parking
for not more than half of its required parking.
[3]
An applicant requesting to pay the fee in lieu of more than
half of its required parking must receive permission from the Borough,
based on a determination that the applicant cannot provide adequate
parking on or off site without compromising the economic viability
of the proposed residential and nonresidential use and that there
are no available shared parking opportunities meeting the requirements
of this chapter.
[4]
The said payment shall be deposited by the Borough into a dedicated
account designated as the "Borough of Ho-Ho-Kus Parking Fund." The
payment shall be due prior to issuance of a building permit. Any funds
deposited into said account shall be utilized by the Borough for the
express purpose of installing, replacing or repairing parking spaces
or parking lots on sites to be determined by the Borough Engineer,
upon proper authorization from the governing board.
(4)
An applicant may request of the governing body a waiver or modification
of the payment upon showing of good cause.
(5)
Per New Jersey Department of Transportation Bicycle Compatible
Roadways and Bikeways design guidelines, all facilities that provide
parking to the public shall provide parking for bicycles at the rate
of one bicycle parking space per 10 automobile parking spaces for
the first 100 parking stalls and one bicycle space for every 20 automobile
parking spaces beyond that.
(6)
Circulation.
(a)
On-site parking shall be designed to avoid the backing out of
vehicles onto public rights-of-way, except for townhouses where an
individual townhouse unit's garage and associated parking apron is
designed to allow one to back out directly onto a public right-of-way.
(b)
For any new buildings with frontage on Maple Avenue, the Borough
encourages the developer to attempt to connect driveways to Brookside
Avenue or First Street before resorting to connecting the driveway
to Maple Avenue.
(7)
Landscaping in parking areas.
(a)
At least 15% of the ground area of parking lots (including driveways)
shall be devoted to landscaping along the street right-of-way.
(b)
Parking areas shall be provided with landscaping along adjoining
streets and properties with plant material, fencing or a wall. Interior
parking lot landscaping shall also be required. Landscaped areas should
be located in protected areas such as along walkways, in center islands,
or at the end of parking bays and shall be distributed throughout
the parking area to mitigate the view of the parked vehicles without
interfering with adequate sight distance for vehicles or pedestrians.
The landscaping shall consist of hardy, low-maintenance varieties
of trees, and shrub plantings no higher than three feet unless otherwise
directed by the Board.
(c)
One shade tree, with a minimum caliper size of 2.5 inches to
three inches at time of planting, measured three feet above the ground,
shall be provided for every 10 parking spaces. Trees shall be staggered
and/or spaced so as not to interfere with driver vision and shall
have branches no lower than six feet.
(d)
Loading areas shall be screened with landscaping, fencing, berms,
walls or any combination thereof and shall not be less than six feet
in height. The screening shall be sufficient to at least partially
obscure the view of parked vehicles, loading platforms and loading
activities.
(e)
Parking located in a side yard must be screened from the public
right-of-way by a fence designed and composed of materials that complement
or enhance the architecture of the neighborhood.
(8)
Floodplain.
(a)
Within the flood-fringe area, parking must be compliant with
N.J.A.C. 7:13-11.6.
(b)
Parking located outside of the flood hazard area may be below
grade.
I. Design standards. The following are design standards; deviations
from these standards require waiver relief.
(1)
Context. Development in overlay zones shall be sensitive to
the established and historic context of its surrounding developed
character, in recognition of the fact that a cohesive built environment
is an essential component of the Borough's character. In an effort
to ensure a visually attractive environment, new buildings and reconstructions
are encouraged to incorporate such building elements as recessed or
extended entrances, enhanced corner treatments, graphic panels, display
windows, and vertical and horizontal articulations, as detailed below.
The following design and related streetscape standards are to be addressed
as part of all development applications in the Overlay Zones.
(2)
Goals of design standards.
(a)
To provide designs that complement the historic developed character
of the downtown and its surrounding neighborhoods, through appropriate
massing, scale, use of building materials and original architectural
details, and fenestration.
(b)
To provide multistory buildings to be designed with horizontal
and vertical articulation to facilitate an enhanced visual interest
in the neighborhood's architecture and discourage buildings that are
characterized by nondescript blank walls.
(c)
To provide the use of such building materials as brick, wood,
native stone and clapboard to ensure complementary visual interest
such as is found in the neighborhood and discourage use of vinyl,
cement block and aluminum.
(d)
Provide at-grade retail storefronts to be developed with facades
that are characterized by substantial window areas as a total proportion
of the first-story elevation to maximize visibility of store interiors
and thereby enhance visual interest for pedestrian experiences.
(3)
Building design elements.
(a)
Facade design.
[1]
Horizontal articulation between floors. Each facade should be
designed to have a delineated floor line between street level and
upper floors. This delineation can be in the form of a masonry belt
course, a concrete lintel or a cornice line delineated by wood detailing.
[2]
Vertical articulation. Each building facade facing a public
right-of-way must have elements of vertical articulation comprised
of columns, piers, recessed windows or entry designs, overhangs, ornamental
projection of the molding, different exterior materials or wall colors,
or recessed portions of the main surface of the wall itself. The vertical
articulations shall be designed in accordance with the following:
[a] Each vertical articulation shall be no greater
than 30 feet apart.
[b] Each vertical articulation shall be a minimum of
one foot deep.
[c] Each vertical projection noted above may extend
into the required front yard a maximum of 18 inches in depth.
[3]
Buildings with expansive blank walls are prohibited.
(4)
Fenestration.
(a)
At least 60% of the first floor of retail building frontage
shall be clear window glass. This percentage shall be calculated within
the area of the building facade that is located between three feet
and 10 feet above sidewalk level.
(b)
A minimum of 40% of the front entrance of retail development
shall consist of glass in order to maximize the visibility of store
interiors.
(c)
Materials. Exterior building materials shall be classified as
either primary, secondary or accent materials. The facade shall be
designed in accordance with the following:
[1]
The primary material shall cover at least 60% of the facade
of the building.
[2]
Secondary materials shall cover not more than 40% of the facade.
(5)
Rooflines/building height.
(a)
The top of all buildings must be capped by a cornice or sloping
roof element.
(b)
An additional five feet in height for ornamentation such as
parapets and cornices is permitted.
(c)
All roof-mounted equipment, such as HVAC units, shall be screened
from public view by use of parapet walls, as regulated elsewhere in
this chapter, provided that the maximum height for screening roof-mounted
elevator equipment shall be eight feet, with such screening set back
minimally 10 feet from the edge of the roof.
(6)
Awnings and canopies. See §
85-37.2, Awnings, canopies and marquees.
(7)
Multifamily design.
(a)
The placement of multifamily buildings, including mixed-use
buildings, within overlay zones shall be harmonious in architectural
style with the other buildings in the immediate area.
(b)
Angled walls, enlarged foyer or atrium areas, and building articulation
are encouraged.
(8)
Townhouse design.
(a)
For townhouses, a maximum of six dwelling units in a single
row with a minimum offset of two feet between every two dwelling units
is encouraged.
(b)
The rooflines of at least 30% of the number of units attached
in a structure are to be staggered in height by not less than 2.5
feet of the height of the rooflines of the other units in such structures
and/or by other features which will provide relief or articulation
to the roofline.
(9)
Streetscape design. All properties shall comply with the following
requirements:
(a)
Where buildings are set back from the street 10 feet or more,
a landscaped area with a minimum width of five feet shall be provided.
(b)
All sidewalks installed in along the property frontage in portions
of the GB or R-2 Zones within the downtown overlay shall be decorative
paver sidewalks or decoratively scored concrete, consistent with the
existing streetscape.
(c)
Streetscape amenities such as benches, decorative artwork, bike
racks, trash receptacles, etc., shall be incorporated as part of the
streetscape, as deemed appropriate.
(d)
Street trees shall be provided along all public rights-of-way
in accordance with the following standards:
[1]
Street trees should be located at a minimum distance of 40 feet
on center. The exact spacing and planting location shall be evaluated
on a site-specific basis and adjusted to reflect the neighborhood
and existing or proposed buildings to minimize potential obstruction
and visibility impacts on wall business signage.
[2]
Trees shall have a minimum caliper size of 2.5 inches to three
inches at time of planting.
(e)
Garbage and recycling containers shall be located in the rear
yard where that yard is accessible by collection vehicles. If the
rear yard is not accessible by collection vehicles, the containers
may be located in the side yard or inside the building. If the containers
are stored outdoors, they must be screened by a fence or other enclosure.
Landscaping is encouraged around the enclosure.
(10)
Outdoor dining/cafes:
(a)
Outdoor dining/cafes, where proposed, may be located on sidewalks,
plazas, and courtyards immediately adjacent to any eating and food
establishment. Such facilities shall be provided in a manner that
pedestrian circulation or access to store entrances is not impaired.
(b)
The operation of an outdoor cafe shall be located such that
there is at least four feet of clear and unobstructed passageway between
the tables, chairs, and barriers and street trees, bike racks, lampposts,
sign posts, and any other fixtures or obstructions. The approving
authority may require more than four feet to protect public safety
if it deems necessary because of site-specific conditions.
(c)
The area occupied by the outdoor cafe must be located at least
10 feet from any driveway.
(d)
A screen visually separating adjacent at-grade residential units
from the proposed outdoor cafe area must be provided. The screening
may include landscaping, screen walls, and/or fencing materials or
any combination thereof.
(e)
Umbrellas, awnings, canopies, and heating units are permitted
in outdoor cafe areas.
(f)
All outdoor cafe areas shall be designed in compliance with
the Americans With Disabilities Act (ADA) guidelines.
(11)
Landscape standards.
(a)
A landscape plan prepared by a licensed landscape architect,
licensed by the New Jersey State Board of Architects, or other qualified
individual, shall be submitted with any plan for development.
(b)
All portions of the property not utilized by buildings or paved
surfaces shall be landscaped utilizing combinations such as landscaped
fencing, shrubbery, lawn area, ground cover, existing vegetation,
and the planting of coniferous and/or deciduous trees native to the
area in order to maintain or reestablish the vegetation in the area
and lessen the visual impact of the structures and paved areas.
(c)
Landscaping shall be designed to achieve a thorough integration
of the various elements of site design, including building and parking
placement and natural features.
(d)
The use of passive systems, such as rain gardens, to offset
off-site stormwater discharge shall be utilized to the extent feasible.
(e)
Water conservation measures, such as drip irrigation and soil
moisture-sensing irrigation systems, shall be used where practicable.
[Added 9-26-2017 by Ord.
No. 2017-12; amended 9-26-2017 by Ord. No. 2017-13]
A. Purpose. To address its affordable housing obligation in compliance
with settlement agreements entered into with Fair Share Housing Center,
Chamberlain Developers, Inc., and Jonathan L. Mechanic (d.b.a. Ho-Ho-Kus
Crossings) on December 21, 2016, and January 5, 2017, Ho-Ho-Kus Borough
shall rezone the property at Block 1015, Lot 9, to permit the construction
or reconstruction of a three-story, mixed-use development having ground-story
commercial use and a total of four dwelling units on the second and
third stories of which at least one unit will be affordable to low-
and moderate-income households in accordance with the Chamberlain
Settlement Agreement cited above, the rules at N.J.A.C. 5:93-1 et
seq. ("COAH's Second Round rules"), the Borough's Affordable Housing Ordinance at Chapter
2 of the Borough's Code, and the Uniform Housing Affordability Controls (UHAC) at N.J.A.C. 5:80-26.1 et seq.
B. Permitted uses in the GB-IR Zone District shall be limited to the
following:
(1)
All uses permitted in the GB District by §
85-13A(2) through
(10),
(15) and
(16) are permitted as ground-story uses, of a mixed-use building, provided that:
(a)
There must be a total of three stories in the same building,
of which the second and third stories must have not more than four
housing units of which at least one must be affordable to low- and
moderate-income households; and
(b)
The affordable unit(s) shall be created and administered in accordance with the regulating documents and pursuant to the Chamberlain Agreement identified in §
85-13.2A, Purpose, of this district.
(2)
In no event shall nonresidential uses be permitted on the second
or third stories within the GB-IR District.
C. Conditional uses in the GB-IR Zone District shall be limited to the following: The following conditional uses in the GB District as permitted in §
85-13B(1),
(3) and
(7) are permitted as ground-story uses.
D. Accessory uses in the GB-IR Zone District shall be limited to the
following:
(1)
Private residential garage and off-street parking in accordance with §
85-36, Off-street parking and loading, of the Zoning chapter, except where it is superseded by the provisions in §
85-13.2I, Off-street parking, below.
(2)
Decks, balconies and porches.
(3)
Sheds for tools and equipment for the maintenance of the grounds.
(4)
Outdoor recreational uses for residents and their guests.
(5)
Fences and hedges subject to the requirements of §
85-37.3, Fences, except where superseded by this district.
(6)
Signs subject to the requirements of §
85-37, Signs.
(7)
Satellite antenna less than one meter in diameter.
(8)
Outdoor seating for residents, employees, and customers (§
85-15.1C of the Accessory buildings and structures section shall not prohibit these structures from being located in the front yard).
(9)
Outdoor dining/cafe in accordance with §
85-13.1I(10), Outdoor dining/cafes, in the Downtown Inclusionary Overlay District regulations.
(10)
Other customary accessory uses and structures which are clearly
incidental to the principal structures and uses.
(11)
Detached accessory buildings and structures must comply with the accessory building and structures bulk standards of the GB General Business District in §
85-13I of the Borough's Code.
E. Minimum lot area and dimensions.
(1)
Lot area: 5,000 square feet.
F. Minimum principal structure yard depths.
(1)
Front yard depth: zero feet.
(2)
Side yard depth: five feet.
(3)
Combined side yard depth: 10 feet.
(4)
Rear yard depth: 25 feet.
H. Minimum accessory structure yard depths.
(1)
Front yard depth: one foot.
(2)
Side yard depth: 0.5 foot.
(3)
Rear yard depth: 10 feet.
I. Off-street parking.
(1)
Parking amount and vehicular access shall be provided in accordance
with the Chamberlain Settlement Agreement and concept plan attached,
as cited above.
(2)
Off-street parking must be provided in the rear yard.
(3)
Loading activity shall not occur in the parking area unless
it can be demonstrated that such activity can occur without disrupting
circulation on the subject property or neighboring lots.
(4)
A minimum of one barrier-free parking space must be provided
on site.
J. Circulation.
(1)
Vehicular access, except for emergency vehicles, shall not occur
from Maple Avenue unless it can be demonstrated that driveway connections
to Brookside Avenue or First Street are not feasible.
K. Design. New or reconstructed buildings shall comply with the design standards provided in §
85-13.1I of the Downtown Inclusionary Overlay District.
[Amended 8-27-1985 by Ord. No. 586]
A. Permitted uses. This district is intended for limited industrial
and manufacturing uses, warehousing, offices for business, professional,
executive or administrative purposes and scientific or research laboratories,
all of which shall be conducted within the confines of a building.
B. Conditional uses requiring a special permit, as provided in §
85-40, shall be:
(1) Public utility facilities or uses.
(2) County, state or federal facilities or uses.
(3) Wireless communications towers and antennas and associated facilities.
[Added 4-23-2002 by Ord. No. 846]
C. Prohibited uses. Any uses other than those uses permitted by Subsection
A or
B are prohibited and any process of assembly, manufacture or treatment which is noxious or injurious by reason of the production or emission of fire, explosives, radioactivity, dust, smoke, refuse matter, odor, gas fumes, noise, vibration or similar substance or condition that would tend to impair or hinder the most appropriate use of land in the vicinity. Without in any way limiting the generality and prohibition of this section, nothing contained in this chapter shall be construed to permit the following uses in the IP District:
(1) Wholesale storage and distribution of petroleum, oil, chemicals and
similar products.
(4) Paper manufacturing plants.
(5) Primary metals industries.
D. Minimum lot area and dimensions.
(1) The lot area shall not be less than three acres and shall be computed
within 600 feet of the lot line adjacent to the railroad property.
(2) Due to the present lack of lot frontage there is no requirement for
said frontage within the district.
(3) The lot width shall not be less than 200 feet.
(4) The lot depth shall not be less than 300 feet.
E. Minimum yard requirements, interior lots.
(1) The front yard depth shall be 10 feet.
(2) Side yard width. There shall be two side yards, and no side yard
shall be less than 35 feet. Off-street parking, as required, may be
permitted in the side yard, provided that no parking area is closer
than 10 feet to any building or any side property line.
(3) The interior side yard width shall be 35 feet.
(4) The rear yard depth shall be 35 feet. The rear yard may be used for
off-street parking; provided, however, that no parking area shall
be nearer than 10 feet to any building or any rear property line.
F. Minimum yard requirements, corner lots.
(1) The front yard depth shall be 10 feet.
(2) Side yard width. There shall be two side yards, and no side yard
shall be less than 35 feet. Off-street parking as required may be
permitted in the interior side yard, provided that no parking area
is closer than 10 feet to a building or any side property line but
shall not be permitted in the street side yard.
(3) The rear yard depth shall be 35 feet. The rear yard may be used for
off-street parking; provided, however, that no parking area shall
be nearer than 10 feet to any building or any rear property line.
G. Minimum open space requirements.
(1) Lot coverage by principal and accessory buildings shall not exceed
30% of the land area of the lot.
(2) Minimum building size. No principal building shall have a ground
floor area of less than 10,000 square feet.
H. Maximum height of buildings. No building shall be erected to a height
in excess of 40 feet, except the necessary mechanical appurtenances
usually carried above the roof level, which shall not exceed an additional
15 feet. No detached accessory building shall exceed 3/4 the height
of the principal building.
I. Detached accessory buildings and structures shall be minimum distances
to the following:
(1) Principal building and each other. The minimum distance between a
principal building except in the case of existing buildings or their
replacement, and an accessory building shall be 25 feet.
(4) Interior lot side line: 20 feet.
(5) Interior lot rear line: 20 feet.
(6) Corner lot rear line: 30 feet.
J. Certificates of occupancy. The Zoning Administrator shall issue all
renovation and/or alteration building permits, as well as, all certificates
of occupancy in the event of a change of occupancy in any existing
building.
K. Site plan approval. In the event of construction of a new building, prior to the issuance of any building permit, zoning permit or certificate of occupancy, as the case may be, the Planning Board shall have submitted to it for review and approval a site plan as required by Chapter
32B, Land Subdivision and Site Plan Review, of the Code of the Borough of Ho-Ho-Kus.
[Added 8-27-1985 by Ord. No. 586]
A. Permitted uses. This district is intended for limited industrial
and manufacturing uses, warehousing, offices for business, professional,
executive or administrative purposes and scientific or research laboratories,
all of which shall be conducted within the confines of a building.
B. Conditional uses requiring a special permit as provided in §
85-40.
(1)
Public utility facilities or uses.
(2)
County, state or federal facilities or uses.
(3)
Wireless communications towers and antennas and associated facilities.
[Added 4-23-2002 by Ord. No. 846]
C. Prohibited uses. Any uses other than those uses permitted by Subsection
A or
B are prohibited and any process of assembly, manufacture or treatment which is noxious or injurious by reason of the production or emission of fire, explosives, radioactivity, dust, smoke, refuse matter, odor, gas fumes, noise, vibration or similar substance or condition that would tend to impair or hinder the most appropriate use of land in the vicinity. Without in any way limiting the generality and prohibition of this section, nothing contained in this chapter shall be construed to permit the following uses in the IP District:
(1)
Wholesale storage and distribution of petroleum, oil, chemicals
and similar products.
(4)
Paper manufacturing plants.
(5)
Primary metals industries.
D. Minimum lot area and dimensions.
(1)
The lot area shall not be less than 2 1/2 acres and shall
be computed within 600 feet of the lot line adjacent to the railroad
property.
(2)
The lot frontage shall not be less than 200 feet.
(3)
The lot width shall not be less than 200 feet.
(4)
The lot depth shall not be less than 250 feet.
E. Minimum yard requirements, interior lots.
(1)
The front yard depth shall be 60 feet.
(2)
Side yard width. There shall be two side yards, and no side
yard shall be less than 50 feet. Off-street parking, as required,
may be permitted in the side yard, provided that no parking area is
closer than 10 feet to any building or any side property line.
(3)
The interior side yard width shall be 35 feet.
(4)
The rear yard depth shall be 35 feet. The rear yard may be used
for off-street parking; provided, however, that no parking area shall
be nearer than 10 feet to any building or any rear property line.
F. Minimum yard requirements, corner lots.
(1)
The front yard depth shall be 10 feet.
(2)
Side yard width. There shall be two side yards, and no side
yard shall be less than 35 feet. Off-street parking as required may
be permitted in the interior side yard, provided that no parking area
is closer than 10 feet to a building or any side property line but
shall not be permitted in the street side yard.
(3)
The rear yard depth shall be 35 feet. The rear yard may be used
for off-street parking; provided, however, that no parking area shall
be nearer than 10 feet to any building or any rear property line.
G. Minimum open space requirements.
(1)
Lot coverage by principal and accessory buildings shall not
exceed 30% of the land area of the lot.
(2)
Minimum building size. No principal building shall have a ground
floor area of less than 10,000 square feet.
H. Maximum height of buildings. No building shall be erected to a height
in excess of 40 feet, except the necessary mechanical appurtenances
usually carried above the roof level, which shall nut exceed an additional
15 feet. No detached accessory building shall exceed 3% the height
of the principal building.
I. Detached accessory buildings and structures shall be minimum distances
to the following:
(1)
Principal building and each other. The minimum distance between
a principal building except in the case of existing buildings or their
replacement, and an accessory building shall be 25 feet.
(4)
Interior lot side line: 20 feet.
(5)
Interior lot rear line: 20 feet.
(6)
Corner lot rear line: 30 feet.
J. Certificates of occupancy. The Zoning Administrator shall issue all
renovation and/or alteration building permits, as well as, all certificates
of occupancy in the event of a change of occupancy in any existing
building.
K. Site plan approval. In the event of construction of a new building, prior to the issuance of any building permit, zoning permit or certificate of occupancy, as the case may be, the Planning Board shall have submitted to it for review and approval a site plan as required by Chapter
32B, Land Subdivision and Site Plan Review, of the Code of the Borough of Ho-Ho-Kus.
[Added 4-23-2002 by Ord. No. 846]
A. Permitted uses; conditional uses; applicability.
(1)
There is hereby established a new Industrial Park (IP) District
III Zone.
(2)
This District shall comprise properties shown as follows on
the Borough Tax Map and as further defined by the map prepared by
the Borough Engineer and incorporated herein by reference: Block 602,
Lot 1, and Block 603, Lots 3 and 4.
(3)
This Zone is intended for municipal buildings, offices and facilities,
including a Department of Public Works site and Recycling Center.
(4)
Conditional uses as applicable requiring a special permit are permitted as provided in §
85-40 et seq., as well as wireless communication towers and antennas and associated facilities as otherwise regulated pursuant to this chapter.
B. Prohibited uses. Any uses other than those permitted by Subsection
A are hereby prohibited.
C. Minimum lot area and dimensions.
(6)
Improved lot coverage: not required.
D. The Borough Engineer is hereby authorized and directed to amend the
Official Land Use/Zoning Map of the Borough to reflect this rezoning.