Borough of Madison, NJ
Morris County
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Table of Contents
Table of Contents
[Amended 5-14-1984; 12-30-1985 by Ord. No. 50-85; 3-10-1986 by Ord. No. 7-86; 5-14-1986; 7-14-1986; 7-28-1986; 9-14-1987; 8-9-1993 by Ord. No. 27-93; 7-11-1994 by Ord. No. 21-94; 12-12-1994 by Ord. No. 40-94; 10-16-1996 by Ord. No. 19-96; 3-9-1998 by Ord. No. 4-98; 3-27-2000 by Ord. No. 3-2000; 4-23-2001 by Ord. No. 14-2001; 2-11-2002 by Ord. No. 1-2002]
[Amended 4-13-2009 by Ord. No. 11-2009]
For the purposes of this article, the Borough is hereby divided into 18 zones as follows:
R-1
Single-Family Residence Zone
R-2
Single-Family Residence Zone
R-3
Single-Family Residence Zone
R-4
Two-Family Residence Zone
R-5
Multiple-Family Residential Zone
R-5A
Multifamily Residential Zone
R-6
Single-Family Attached and Patio Homes Residence Zone
RC
Single-Family Residential Cluster Zone
P
Professional Office Zone/Residential
CBD-1
Central Business District Zone
CBD-2
Central Business District Zone
CC
Community Commercial Zone
U
University Zone
OR
Office-Research Zone
PCD-O
Planned Commercial Development-Office Zone
R-SH
Senior Citizen Housing Zone
OSGU
Open Space/Government Use Zone
POR
Private Outdoor Recreation Zone
R-PH
Residential-Public Housing
The location and boundaries of the above districts are hereby established on the Zoning Map of the Borough of Madison in Morris County which is filed in the office of the Borough Clerk. Said map or maps and all notations, references and designations shown thereon shall be part of this article as if the same were all fully described and set forth therein.
Whenever an uncertainty or ambiguity exists as to the true location of any boundary line of any zone shown on the map, the following rules shall apply:
A. 
The zone boundary lines are intended generally to follow street center lines, existing lot lines, center lines of railroad rights-of-way, waterways, sewer and utility easements or as otherwise indicated on the Zoning Map. Where a zone boundary line does not coincide with any such line as above set forth, its location or relation to another boundary line shall be as designated on said Zoning Map by means of figures or dimensions expressing distance in feet from a street side line or other boundary line. In cases of uncertainty or disagreement as to the true location of any zone boundary line, the determination thereof shall be with the Board of Adjustment.
B. 
In the event that a zone boundary line divides one or more lots, then the zone boundary line shall be considered the lot limit for computing all area, bulk, yard buffer and any other dimension requirements specified in this article.
The Schedule of Area, Yard and Building Requirements is contained in Schedule I at the end of this chapter and is hereby made part of this chapter.
This zoning article shall be viewed as permissive. After the adoption of this chapter, no uses or structure shall be permitted in the Borough which is not listed as a permitted, accessory or conditional use or unless permitted by the Zoning Board of Adjustment.
Notwithstanding compliance with specific conditional use standards hereinafter set forth, conditional uses shall require site plan approval by the appropriate board.
A. 
No building or structure shall be erected and no existing building or structure shall be moved, altered, added to or enlarged, nor shall any land or building be designed, used or intended to be used for any purpose or in any manner other than as specified among the uses listed as permitted, accessory or conditional in the district in which such building or land is located.
B. 
No building or structure shall be erected, restructured, or structurally altered to exceed in height the limit designated in the district in which such building or structure is located.
[Amended 5-30-2018 by Ord. No. 26-2018]
C. 
No building or structure shall be erected, no existing buildings or structures shall be altered, enlarged or rebuilt, nor shall any open space surrounding any building be encroached upon or reduced in any manner, except in conformity with the yard, lot area and building location regulations hereinafter designated for the district in which such building or open space is located.
D. 
The area or dimension of any lot, yard, parking area or other space shall not be reduced to less than the minimum required by this article; and if already less than the minimum required by this chapter, said area or dimension shall not be further reduced.
E. 
Upon issuance of any demolition permit, the site grading, particularly open foundation areas, shall be filled, stabilized and regraded within one week after initiating said demolition work, weather permitting, in such a manner as to prevent the collection of water, increase of erosion, damage to shade tree root systems, or any slope-related hazards associated with open excavation in residential areas. Alternatively, demolition permits are not encouraged to be sought until all related applications for permits under the local development regulations (zoning, site, environmental or special regulated features) are submitted as complete and approved.
[Added 10-23-2006 by Ord. No. 50-2006[1]]
[1]
Editor's Note: This ordinance also redesignated former Subsection E as Subsection F.
F. 
The provisions and restrictions contained in this article shall not apply to or be binding upon the Borough of Madison.
(Note: Where applicable below, the regulations for off-street parking improvements in Article IV, § 195-25.15 are hereby incorporated by reference.)
A. 
Required yards.
(1) 
Every lot shall include front, side and rear yards having the areas and dimensions required within the particular zone in which said lot is located.
(2) 
No yard or other open space provided for any building for the purpose of complying with the provisions of this article shall be considered as providing a yard or other open space for any other building on any other lot.
(3) 
No land in a residential zone shall be used to fulfill open space, minimum areas, minimum yard and setback requirements, parking or other similar requirements for uses in nonresidential zones.
B. 
Front yards.
(1) 
Yards fronting on streets less than 50 feet wide. Where any lot abuts a street right-of-way which is less than 50 feet in width, the front yard setback required for such lot shall be increased in depth by 1/2 the difference between the width of the street and 50 feet.
(2) 
Yards fronting on streets 50 feet or more in width, as shown on the Master Plan. Where any lot abuts a street with a proposed right-of-way 50 feet or more in width, as shown on the Borough Master Plan, the building setback distance shall be measured from the nearest line of the proposed street right-of-way on said Master Plan.
C. 
Front yards on corner lots. Every yard of a corner lot which abuts a street shall be considered a front yard, and the front yard setback requirements for the zone in which the lot is situated shall be complied with on every street frontage, except in the Community Commercial Zone, where the side yard shall be 1/2 of the corner front yard setback.
D. 
Front yards of through lots. In the case of a lot running through from one street to another, the frontage of such a lot, for the purpose of this article, shall be considered that frontage upon which the majority of the buildings in the same block front, but in case there has been no clearly defined frontage established, the front lot line shall be the line upon which the primary entrance of the principal building faces, or will face when constructed.
E. 
Front yards in the R-2, R-3 and R-4 Zones. In the R-2, R-3 and R-4 Zones, the front yard requirement shall be as set forth in Schedule I,[1] except that where the existing principal buildings on the same side of the street and within 200 feet of any subject lot create an established setback, new buildings shall conform to such established setback or, if none is established, to the average of the setbacks of the principal buildings within 200 feet, provided that no new building may be situated nearer than 25 feet to the front property line nor be required to set back more than 60 feet from said front property line. The foregoing established front setbacks shall also apply to existing buildings for the purpose of determining whether front setback variance relief is required for proposed additions.
[Amended 10-16-2013 by Ord. No. 41-2013]
[1]
Editor's Note: Schedule I is included at the end of this chapter.
F. 
Projections and encroachments. Yards and courts required by this article shall be free of buildings, structures or parts thereof, and no building or structure shall project into any front, side or rear yard required by this article, nor shall use be made of such yard, except as follows:
(1) 
Unenclosed porches, including steps extending not more than 72 inches from the building line and not exceeding more than 20 square feet in size.
(2) 
Window wells affording light and air to basement and cellar areas.
(3) 
Cornices and eaves may project not more than two feet into any required yard.
(4) 
Chimneys may project not more than two feet into any required yard.
(5) 
Driveways providing access to permitted garages or parking areas; provided, however, that in residential zones, driveways used to provide access to private garages shall not be wider than 20 feet.
(6) 
Sills, leaders and similar ornamental or structural features may project not more than six inches into any required yard.
(7) 
Fences and retaining walls, where specifically permitted in this chapter.
(8) 
Freestanding flagpoles, television antennas and radio aerial masts, children's playground equipment, outdoor fireplaces and yard clothes lines and posts, but they must be set back at least five feet from any property line. Except for freestanding flagpoles, such structures shall not be located in the front yard.
(9) 
Accessory buildings and uses, including swimming pools, where specifically permitted in this chapter.
(10) 
Residential heating and cooling units, if located in the side yard, shall be buffered from adjacent neighbors with evergreen plantings to help mitigate visual appearance, noise and vibration.
(11) 
Front entry roofs with a maximum depth of 5 1/2 feet and a maximum width of eight feet shall be exempt from front yard setback requirements in residential zones, provided that the distance between the proposed front entry roof and the front property line is at least 75% of the required applicable front yard setback.
[Added 10-15-2008 by Ord. No. 65-2008]
G. 
Lots abutting municipal parking lots. Any nonresidential lot abutting a municipal parking lot shall be required to meet only 1/2 of the minimum yard requirements for the zone in which located for the yard abutting the municipal parking lot.
H. 
Side and rear yards in residential zones. In all residential zones, the area within five feet of all side and rear lot lines shall be free of all driveways, parking areas, walkways, decks, patios and other paved surfaces.
[Added 10-16-2013 by Ord. No. 41-2013]
Every principal building shall be built upon a lot with the minimum required frontage upon an approved street which shall be improved in accordance with the street standards established by the Borough of Madison or the residential site improvement standards (RSIS), as applicable.
A. 
Only one principal building may be erected in the R-1 through the R-4 Zones. In all other zones, related compatible buildings under one management may be erected, used or occupied, provided that all other open space, setback and coverage requirements of this article are met.
B. 
No new building shall be constructed on or any existing building altered or moved onto any lot for use as a dwelling when there exists on said lot a building which is being used for dwelling purposes. No building other than a structure permitted in and by this article shall be constructed in front of or moved to the front of a principal building situated on the same lot.
A. 
Appurtenances attached to principal structures. Church spires, belfries, domes or antennas attached to buildings, penthouses (not for human occupancy), chimneys, ventilators, skylights, water tanks, bulkheads and necessary mechanical appurtenances usually carried above roof level shall not be considered when determining the height of the building, and are not subject to height limitations, except that such features shall not exceed 20% of total roof area and shall not exceed a height such as is necessary to accomplish the purpose for which they are intended to serve.
B. 
Freestanding noncommercial accessory structures. Water towers and radio and television antennas which are erected as freestanding structures may be erected to a height which can be demonstrated to the Board as necessary to accomplish their intended function. Federally licensed amateur radio facilities shall be subject to Federal Communications Commission (FCC) rules which govern the height of licensed amateur operator radio antennas. The height of the tower or antennas shall conform with U.S. Federal Communications Commission Regulations governing licensed amateur radio operators and, if required, Federal Aviation Administration (FAA) notification and FCC approval. All freestanding noncommercial accessory structures shall not be located within any required front, side or rear yard setback areas and shall be subject to the structural provisions of the New Jersey Uniform Construction Code.
(Note: Where applicable below, the fence regulations in Article IV, § 195-25.5 are hereby incorporated by reference.)
A. 
General requirements.
(1) 
No accessory building shall be constructed on any lot on which there is not a principal building structure.
(2) 
Any accessory structure attached to the principal building shall be considered part of the principal building.
(3) 
On through lots, no accessory structure erected in the rear yard shall be nearer to the "rear" street line than the minimum front yard setback for the zone in which such lot is located.
B. 
The following requirements shall be complied with in all residential zones:
(1) 
No accessory building shall be used for human habitation.
(2) 
No accessory building shall have floor or ground area in excess of 500 square feet or 1/3 of the floor or ground area of the principal building, whichever is less.
[Amended 4-8-2019 by Ord. No. 10-2019]
(3) 
Except as specifically permitted elsewhere in this article, no accessory building or structure shall exceed 15 feet in height.
(4) 
No accessory building or structure shall be permitted in any front yard.
(5) 
Accessory buildings built in a rear yard shall be no closer than five feet to any side or rear property line of the lot containing said accessory building; provided, however, that no accessory building shall be located closer than 10 feet to said line on any lot which has a rear lot line that serves as a side line of an adjoining property.
(6) 
No accessory building shall be erected on any corner lot closer to any of the lines of the streets abutting said lot than the front yard setback lines from said streets.
C. 
The following requirements shall be complied with in all nonresidential zones:
(1) 
Except as specifically permitted elsewhere in this article, no accessory building or structure shall exceed 15 feet or be more than one story in height.
(2) 
No accessory building or structure shall be permitted in any front yard.
(3) 
Accessory buildings may be built within the side yard if the distance from any such accessory building to the side line of the lot on which it is constructed is equal to or greater than the width of the side yard required from the principal building on said lot.
D. 
Requirements for specific accessory structures and uses.
(1) 
Home occupations.
(a) 
Home occupations shall be permitted as accessory uses in all residential zones and shall be exempt from approval by the Planning Board or Zoning Board of Adjustment if the following standards are satisfied:
[1] 
The practitioner must be the owner or lessee of the residence in which the home occupation is contained.
[2] 
The practitioner must reside in the home.
[3] 
There are no nonresidential employees working on the premises.
[4] 
There is no external evidence of the home occupation.
[5] 
There are no retail sales conducted on the site.
[6] 
No clients will visit the site.
[7] 
There is no sign identifying the home occupation, and there is no identification of such home occupation upon any mailbox.
[8] 
There are no delivery vehicles other than those associated with the residential use on site.
[9] 
The home occupation is clearly incidental and subordinate to the principal use of the dwelling for residential purposes. The maximum area devoted to the home occupation shall be limited to not more than 25% of the total area of the floor where located, excluding space used for a private garage, or 400 square feet, whichever is smaller.
[10] 
No equipment or process shall be used in such home occupation which creates noise, glare, fumes, odors, electrical interference, medical waste or other nuisance factors detectable to the normal sense or to radio, telephone or television equipment off the lot.
(b) 
Home occupations shall be permitted as accessory uses in all residential zones and shall require a zoning permit if the following standards are satisfied:
[1] 
The practitioner must be the owner or lessee of the residence in which the home occupation is contained.
[2] 
The practitioner must reside in the home.
[3] 
The practitioner shall not engage the services of more than one office employee. Use of the office by groups of other persons shall not be permitted.
[4] 
The home occupation shall occupy less than 50% of the total area of the floor where located, excluding space used for a private garage, or 900 square feet, whichever is smaller.
[5] 
No clients shall, in such relationship, remain on the premises overnight.
[6] 
The residential character of the neighborhood and the premises shall not be subordinated to the home occupation use.
[7] 
Adequate parking spaces shall be provided in accordance with the parking standards of this chapter so that no parking related to the home occupation shall occur on the street.
[8] 
No retail sales shall be conducted on the site.
[9] 
No more than one business visitor shall be permitted at any one time.
[10] 
No sign identifying the home occupation shall be permitted, and there shall be no identification of such home occupation upon any mailbox.
[11] 
No equipment or process shall be used in such home occupation which creates noise, glare, fumes, odors, electrical interference, medical waste or other nuisance factors detectable to the normal senses or to radio, telephone or television equipment off the lot.
(2) 
Amusement machines.
(a) 
Such machines shall be permitted in the CBD, CC and U Zones as accessory uses to establishments where the primary use is a recreational/entertainment use, such as bowling alleys, theaters, the YMCA or similar establishments and establishments licensed to sell alcoholic beverages for on-site consumption only in accordance with the following limitations:
[1] 
There shall be 60 square feet of operating area for each machine. The calculations of the operating areas shall exclude any area of the premises which is used for other purposes, but shall include access and walkways primarily serving the machine.
[2] 
Not more than five such machines as accessory uses shall be permitted in any single establishment.
[3] 
The maximum area devoted to such machines (60 square feet x number of licensed machines) shall not constitute more than 30% of the gross floor area of the establishment.
(b) 
Premises wherein the operation of such machines is permitted under this article are also subject to the licensing and regulation provisions of Chapter 58 of the Code of Borough of Madison, entitled "Amusement Devices."
(3) 
Boarders and roomers. In any residential structure, as an accessory use, not more than three persons shall be permitted to occupy any dwelling unit as boarders or roomers in accordance with the following requirements:
(a) 
Not more than one roomer or boarder may occupy a sleeping room.
(b) 
Each sleeping room shall be at least 80 square feet in area.
(c) 
There shall be no cooking facilities in any sleeping room.
(4) 
Satellite earth stations.
(a) 
Permitted districts.
[1] 
A satellite earth station shall be permitted as an accessory use in all zone districts. Satellite earth stations shall require site plan approval from the Planning Board, except where accessory to a one- or two-family residential use. In the case of a one- or two-family residential use, the application shall be determined by the Zoning Officer, or by the Zoning Board of Adjustment whenever a request for interpretation is necessary or variance is requested by the applicant.
[2] 
Whenever an antenna is accessory to a one- or two-family dwelling; whenever an applicant claims that any general regulation standard must be modified because of inability to obtain a reasonably satisfactory signal, impracticability, under hardship or other criteria for modification or whenever the adequacy of and/or reasonableness of screening is in issue, such application shall be referred to the Board of Adjustment for interpretation pursuant to N.J.S.A. 40:55D-70b.
(b) 
Application. The plans of such antenna shall be submitted with each application for a building permit, which shall include:
[1] 
A site plan drawn at a scale of no smaller than one inch equals 20 feet indicating the diameter, location, setbacks, and screening (if ground-mounted) and a mounting detail drawn at a scale no smaller than 1/2 inch equals one foot zero inches indicating height, color, style or type and method of installation. The plans must be prepared by a New Jersey professional engineer or other qualified expert with a statement that the proposed installation complies with the requirements of the Uniform Construction Code.
[2] 
The name and address of the applicant and owner of the property on which the satellite earth station is to be located.
[3] 
The tax lot and block numbers and the property lines of the property.
[4] 
All existing buildings and structures and all accessory buildings and structures on the property.
[5] 
Such other information as required by development procedures of this chapter.[1]
[1]
Editor's Note: See Art. IV, Development Requirements and Standards.
[6] 
Applications for the installation of satellite earth stations capable of transmitting and receiving signals will additionally be required to submit a report prepared by a radio frequency engineer. The minimum requirements of this report are as follows:
[a] 
The calculated levels of electromagnetic field intensities (EMP-power densities) compared to allowable residential environment continuous exposure to levels as per accepted industry standards.
[b] 
An analysis of the findings and conclusion.
[c] 
Copies of data, sketches and specifications which are the basis for the calculations and analysis. The conclusions shall include an assessment of relative health risk to people living or working near the proposed facility.
[7] 
If a ground-mounted transmit/receive-type antenna is proposed, the site plan shall additionally include the proposed location of a protective fence surrounding the antenna on all sides necessary to address all health and safety issues.
(c) 
Performance standards.
[1] 
No satellite earth station may be placed in the front yard of any lot in the Borough. A corner lot shall be deemed to have a front yard facing each street.
[2] 
Receive-only satellite earth stations 36 inches in diameter or less shall be located on the roof. Receive-only satellite earth stations greater than 36 inches in diameter shall be placed on a lot only in the rear yard; provided, however, that on a clear and convincing showing by an applicant that a reasonably satisfactory signal cannot be obtained from a rear yard location, the Board may permit the antenna to be located in the side yard, and if such signal cannot be obtained in either rear or side yard, the Board may permit the antenna to be located on the roof of any principal or accessory building on the lot.
[3] 
A transmit/receive satellite earth station shall be placed on the roof of the principal building of the lot; provided, however, that on a clear and convincing showing by an applicant that this requirement is impracticable or would cause undue hardship or that installation elsewhere would substantially further the purposes and objectives of this subsection without substantial adverse impact on adjoining properties, the Board may permit the antenna to be located in the rear yard of the lot. If a ground-mounted transmit/receive-type antenna is proposed, the site plan shall include the proposed location of a protective fence, a minimum of four feet in height, surrounding the antenna on all sides. The proposed fence shall be constructed in accordance with Article IV of this chapter.
[4] 
No satellite earth stations shall be closer to the side property line than a distance equal to the diameter of said antenna or side yard setback requirement for the principal structure on the lot, whichever results in the greatest setback.
[5] 
No satellite earth stations shall be closer to the rear property line than a distance equal to the diameter of said antenna or rear yard setback requirement for the principal structure on the lot, whichever results in the greatest setback.
[6] 
When mounted on the ground, the overall height from the surrounding ground level to the lowest point of the antenna shall not exceed two feet, except in instances where additional clearance is needed to satisfactorily receive and/or transmit signals. No ground-mounted satellite earth station shall exceed 12 feet in height, as measured from the average grade of the base of the antenna to the highest point of the antenna.
[7] 
Roof-mounted antennas.
[a] 
Flat roofs and mansard-style roofs. No roof-mounted satellite earth station may extend above the roofline more than nine feet six inches when mounted on a flat roof or mansard-style roof. However, upon a showing that such a roof-mounted antenna will not receive adequate reception under the restrictions of this subsection, the minimum height necessary for reasonable satisfactory reception my be allowed. Roof-mounted antennas on a flat roof shall be located in the center of the roof structure to reduce visibility.
[b] 
All other style roofs. No roof-mounted satellite earth stations may extend above the highest point of the roof more than three feet when mounted on all other style roofs, and the roof-mounted satellite earth station must be located on the portion of the roof facing the rear yard or, if this would unreasonable limit signal reception, the side yard. However, upon a showing that such a roof-mounted antenna will not receive adequate reception under the restrictions of this subsection, the minimum height necessary for reasonably satisfactory reception may be allowed.
[8] 
The diameter of satellite earth stations shall not exceed 12 feet for C-band technology for receiving and shall not exceed eight feet in diameter for Ku-band V Sat technology for transmitting, subject to Subsection D(4)(c)[7]. All satellite earth stations shall be of the mesh-type only, with not more than 85% of the surface being solid.
[9] 
All satellite earth stations shall be painted a solid, dark, nonmetallic, non-glossy color if ground-mounted. Roof-mounted antennas mounted on a flat roof or mansard-style roof shall be painted a solid, dark, nonmetallic, non-glossy light to medium gray. When mounted on all other style roofs, the satellite antenna shall be painted the color of the surface to which it is attached.
[10] 
The ability of the applicant to install a satellite earth station in an unobtrusive location and to minimize the visual and health impacts on neighboring properties shall be a major factor in determining whether or not a permit is issued.
[11] 
The number of allowable satellite earth stations is as follows:
[a] 
For single-family and two-family dwellings: one per building.
[b] 
For attached dwellings, patio homes and duplex, townhouse and multifamily dwellings: one per building.
[c] 
For all other uses permitted in residential zones not specifically provided for otherwise (e.g., schools, churches, nursing, homes, etc.): one per building.
[12] 
The satellite earth station may only be used for occupants of the building located on the property.
[13] 
When the use of a satellite earth station is abandoned it shall be removed.
[14] 
Satellite earth stations may not be mounted on a portable or movable structure, such as a trailer.
[15] 
To the extent permitted by law, no satellite earth station shall be located on or abutting any property which is located in the National or State Register of Historic Places.
[16] 
No satellite earth station shall be erected on a public utility easement without the consent of the easement holder.
[17] 
The proposed earth satellite station shall be the smallest commercially available equipment based on the current technology so as to minimize the visual impact on the surrounding areas.
[18] 
The satellite earth station may not be used as a sign.
[19] 
All wiring or connecting cables between the satellite earth station and the principal building on the site shall be buried underground.
[20] 
Screening. Ground-mounted antennas shall be screened as to minimize visibility from public streets and adjoining properties. Screening shall be accompanied by the installation of landscaping and/or fencing or in the form of a wall or structure enclosing the antenna. The species, quantity, size and spacing of plant materials shall be specified on the site plan. In order to reduce the height of plant materials, soil berms may be used in conjunction with the proposed landscaping. Any walls or structure shall be constructed of plastic, fiberglass, or other approved materials which will not impede the function and operation of the antenna. Any walls or structures shall be constructed to be consistent with the surrounding site characteristics. The requirements of this subsection shall not impose unreasonable limitations on, or prevent, reception of satellite-delivered signals by satellite and receiving/transmitting antennas or impose costs on the users of such antennas that are excessive in light of the purchase and installation cost of the equipment.
(d) 
Such satellite earth stations, appurtenances, landscaping and fencing shall be kept and maintained in good condition.
(5) 
Outdoor storage.
(a) 
Outdoor storage of any kind is prohibited within the front yard.
(b) 
The outdoor storage of any items, materials and equipment, other than those customarily placed in courtyards and yards, incidental to authorized residential use and occupancy, is prohibited in all residential zones.
(c) 
No outdoor vertical stacking of vehicles shall be permitted.
(d) 
Outdoor storage of garbage trucks in any zone is specifically prohibited.
(e) 
No flammable or explosive liquids, solids or gases shall be stored above ground unless as otherwise required by applicable federal, state or local regulations. Tanks or drums of fuel directly connecting with heating devices or appliances located on the same premises as the tanks or drums of fuel are excluded from this provision.
(f) 
All outdoor storage facilities shall be enclosed by a fence or wall adequate to conceal such facilities and the contents thereof from adjacent property and shall meet all required accessory building setbacks for the zone in which located. This provision shall not apply to outdoor storage of new cars or other vehicles on the premises of a dealer.
(g) 
No materials or wastes shall be stored on any premises in such form or manner that they may be transferred off such premises by natural causes or forces such as wind or water.
(h) 
All materials or wastes which might cause fumes or dust or which constitute a fire hazard, or which may be edible by or otherwise attractive to rodents or insects, shall be stored outdoors only in closed containers.
(6) 
Decks, patios and terraces over two feet in height must meet the required yard setbacks for principal buildings.
(7) 
Swimming pools.
(a) 
No pool shall be closer than 15 feet to any side or rear lot line.
(b) 
On any corner lot, no part of any private swimming pool shall be constructed within the front yard area required to be provided on either street.
(c) 
Artificial lights used or maintained in connection with a private swimming pool shall be so located and shielded that the illumination therefrom is not directed upon any adjacent property.
(d) 
No private swimming pool shall be used other than as an accessory use of the premises whereon it is located.
(e) 
The fence requirement set forth in this section shall be complied with.
(f) 
Any buildings or structures erected in conjunction with a swimming pool shall comply with the provisions of accessory structures.
(8) 
Commercial trailers, tractors and mechanized equipment in residential zones. Except as permitted in this section, commercial and industrial trailers, tractors, construction machinery and equipment, commercial trucks and vehicles greater than 6,000 pounds, or any open trailer, shall not be kept, placed or stored in any residence zone, except in the following instances:
(a) 
Equipment and machinery used in connection with the construction, alteration, removal, or demolition of any buildings or structure or the excavation of any land may be permitted to stand upon the premises where such work is being undertaken while the same is in progress.
(b) 
The equipment is stored in the garage.
(9) 
Mobile dwelling, trailer and recreational equipment. No mobile dwelling, trailer or any recreational equipment shall be stored or parked on any premises in any residential zone district within the limits of the Borough of Madison, except as hereinafter provided.
(a) 
No mobile dwelling, trailer or recreational equipment shall be stored or parked within any residential district other than that lot upon which the principal residence structure of the actual owner of the recreational equipment is located.
(b) 
No mobile dwelling, trailer or recreational equipment shall be stored or parked at any time when said premises are not being occupied, except for vacation absences.
(c) 
All mobile dwellings, trailers or recreational equipment shall be stored or parked to the rear of the rear building line of the principal building and shall comply with accessory building setbacks.
(d) 
All mobile dwellings, trailers or recreational equipment must be kept clean and in good repair at all times and shall carry a current year's license or registration as required by law.
(e) 
All mobile dwellings, trailers or recreational equipment shall be maintained in mobile condition.
(f) 
No mobile dwelling, trailer or recreational equipment shall be used for sleeping or dwelling purposes while on said premises, and no mobile dwelling, trailer or recreational equipment shall not be commercially stored or offered or displayed for sale. Such recreational equipment shall not be connected with any electric, water, gas or sanitary sewer facilities.
(g) 
No mobile dwelling, trailer or recreational equipment shall be stored, parked or maintained so as to create a dangerous or unsafe condition on the premises where parked.
(10) 
Family day-care homes. Family day-care homes are permitted as accessory uses in all residential zones.
(11) 
Automated teller machine (ATM). Outdoor ATM's are permitted in association with on-site financial institutions, in accordance with the bulk and design standards of this chapter. Measures to enhance personal security at the ATM stations shall be provided. Other commercial uses shall be permitted to contain indoor ATM's that may operate during normal business hours and will be subject to the sign ordinance requirements of this chapter, where applicable.
(12) 
Certain nonresidential accessory uses.
(a) 
Vending machines. In the CBD-1, CBD-2, CC and U Zone Districts a nonresidential property is permitted to have two outdoor vending machines in accordance with the following:
[1] 
The machine(s) shall be appropriately located so as not to interfere with sight triangles, required setbacks, on-site circulation, landscaping and parking.
[2] 
The machine(s) shall be accessory to an existing nonresidential use.
[3] 
A zoning permit for outdoor vending machines shall be required. The permit shall be granted when it is determined by the Zoning Officer that the most appropriate location for the machine(s) has been achieved.
(b) 
Used clothing bins. In the CC Zone District, a nonresidential property is permitted to have up to four used clothing bins in accordance with the following:
[1] 
The bin(s) shall be appropriately located so as not to interfere with sight triangles, and on-site circulation, required setbacks, landscaping and parking.
[2] 
The bin(s) shall be accessory to an existing nonresidential use.
[3] 
A zoning permit for used clothing bins shall be required. The permit shall be granted when it is determined by the Zoning Officer that the most appropriate location for the bin(s) has been achieved.
(c) 
Phone booths, mail and courier boxes and newspaper distribution boxes. These items may not be located in required sight triangles and should be located so as to not interfere with pedestrian or vehicular circulation and safety. These uses are recommended to be aesthetically pleasing as possible, and to incorporate a design theme where appropriate. Newspaper distribution boxes shall also comply with Chapter 128, Newspaper Distribution Boxes, of the Borough Code.
E. 
Requirements for temporary exterior storage units.
[Added 11-8-2010 by Ord. No. 55-2010]
(1) 
Definitions. For the purposes of this section, the following terms, wherever used or referred to, shall have the respective meanings assigned to them, unless a different meaning clearly appears from the context.
CONSTRUCTION DUMPSTER
A roll off waste container transported to and from the place of use by trucks or trailers and positioned at a construction site for the collection and eventual disposal of construction waste.
CONSTRUCTION TRAILER
A shipping container, or rolloff or mobile trailer at a construction site utilized for storage, construction management or residential sales offices purposes for the duration of the construction activities associated with and in sole support of an approved development.
MOBILE STORAGE TRAILER
Any nonhabitable, portable enclosure without a permanent foundation, designed to be hitched and/or attached to tucks, tractors or other vehicles for movement from place to place with the purpose to store tangible property and not for occupancy by persons. Mobile storage structures shall only be allowed on commercial sites undergoing active construction activities associated with and in sole support of an approved development.
PORTABLE HOME STORAGE UNIT
Portable sheds and/or enclosures that are designed, constructed and commonly used for nonpermanent placement on property for the purpose of temporary storage of personal property on a residential property supporting the principal permitted use.
TEMPORARY EXTERIOR STORAGE UNIT
A construction dumpster, construction trailer, mobile storage trailer, portable home storage unit or a portable sanitary restroom.
(2) 
Placement, duration, maintenance. It shall be unlawful for any person to park, place or suffer placement of a temporary exterior storage unit which:
(a) 
Is not secured or which is accessible to others not using the unit.
(b) 
Is not in a state of good repair.
(c) 
Is in or upon any street, highway, roadway, designated fire lane or sidewalk in the Borough.
(d) 
Interferes with sight lines for motorists on adjoining streets or the driveways of adjacent properties.
(e) 
Obstructs safe means of access to or from any dwelling, use or structure.
(f) 
Creates, in the opinion of the Fire Subcode official, a fire or safety hazard.
(g) 
Displays advertising, other than the identification of the manufacturer or operator of the unit.
(h) 
Has not received a zoning permit.
(3) 
Permitted temporary exterior storage units, commercial sites.
(a) 
A single construction trailer utilized for storage may be allowed upon a site wherein there is active construction of a nonresidential building, provided that:
[1] 
The location of the construction trailer is depicted on a soil erosion and sediment control (SESC) plan approved by the Morris County Soil Conservation District (MCSCD).
[2] 
The trailer shall be used only in connection with active construction and shall not remain upon the premises for longer than two weeks past the substantial completion of said construction.
[3] 
In no event will any trailer used in connection with nonresidential development remain on said premises for more than two years from the date of initial construction.
(b) 
Mobile storage trailers shall be permitted, provided the following conditions are satisfied:
[1] 
A list of the types of goods and materials to be stored shall be provided to the Bureau of Fire Safety.
[2] 
The mobile storage trailer does not exceed eight feet in height, 40 feet in length or 400 square feet.
[3] 
No more than one mobile storage trailer shall be permitted at any one time on a site.
[4] 
Mobile storage trailers shall not be located within any required parking space.
[5] 
Mobile storage trailers shall not be located within any required setback.
[6] 
Mobile storage trailers shall be placed in the least conspicuous location available to minimize disturbance and visibility to any adjoining residential properties or uses.
[7] 
The final location shall be determined by the Fire Safety Official, Zoning Officer and Construction Code Official.
(c) 
On the expiration of the two-year permitted duration, any temporary exterior storage unit remaining on the site shall be removed or considered a proposed accessory structure, subject to the zone district regulations for accessory structures and will require an appearance before the appropriate board of jurisdiction.
(4) 
Permitted temporary exterior storage units, residential sites.
(a) 
The use of construction dumpsters or alternatively portable home storage units at residential construction sites for storage of materials are permitted, provided that:
[1] 
A zoning permit is obtained for any use in excess of 48 hours.
[2] 
The use and placement shall be limited to a maximum of six months.
[3] 
There shall be no more than three permit applications per property, per calendar year.
[4] 
Its placement satisfies all other provisions of the Code.
(b) 
Portable home storage units shall be permitted in any residential zone, provided the following conditions are satisfied:
[1] 
No more than one portable home storage unit shall be permitted on any property at one time.
[2] 
Portable home storage units shall be no closer than 10 feet to any lot line.
[3] 
No portable home storage unit exceeds 130 square feet in area, nor exceeds eight feet in height.
[4] 
No portable home storage unit shall be erected on any corner lot closer to any of the lines of the street abutting said lot than the front yard setback lines from said streets.
[5] 
Units must be kept on a paved or otherwise impervious driveway at the furthest accessible point from the street.
(c) 
In an emergency wherein use of a portable home storage unit is requested, the Borough Zoning Officer, upon application, shall determine whether approval is granted for this portable home storage unit. The Zoning Officer's approval will be granted for a period of 30 days.
(d) 
On the expiration of the six-month permitted duration, any temporary exterior storage unit remaining on the site shall be removed or considered a proposed accessory structure, subject to the zone district regulations for accessory structures, and will require an appearance before the appropriate board of jurisdiction.
(5) 
Permits and fees.
(a) 
No person shall park, place or suffer placement of a temporary exterior storage unit without first obtaining a permit from the Zoning Officer. The permit shall specify the time period during which the unit may be kept on the property. The permit shall be obtained prior to setting the unit on the property and shall be displayed in a weatherproof manner on the unit.
(b) 
For temporary exterior storage units on commercial sites not shown on an approved MCSCD SESC plan, the permit application fee shall be $50.
(c) 
For temporary exterior storage units on residential sites, the permit application fee shall be $50.
(d) 
The permit application fee for emergency use of temporary exterior storage units shall be waived for the first 30 days. Thereafter, the normal permit application fee of $50 shall apply.
(6) 
Violations and enforcement.
(a) 
Any person, corporation or partnership that violates any provision(s) of this Subsection E shall be subject to fines and penalties, as follows:
[1] 
For the first violation, a fine of $100 per day, per violation.
[2] 
For the second violation, a fine of $200 per day, per violation.
(b) 
In addition, any person, corporation or partnership found guilty of a violation of this Subsection E shall be ordered to abate the problem and pay the cost incurred by the Borough if the Borough abated the problem.
(c) 
The Borough of Madison Construction Code Official, Fire Official, Zoning Officer and the Madison Police Department shall be responsible for enforcing the provisions of this Subsection E.
[Amended 11-13-2002 by Ord. No. 33-2002]
In the case of lots upon which an existing structure is located, the side yard requirement may be reduced by six inches for each foot by which a lot is less than a minimum width requirement for the zone in which located. In any case, the side yard width for either side yard shall not be reduced to less than 50% of the requirement of the zone.
[Added 11-8-2010 by Ord. No. 56-2010]
A. 
In the event that new public water supply wells are installed in locations outside the boundaries of the WHPA, a new wellhead protection area must be established for each new well. Subsequently, all of the regulations detailed in this section e applied to the new wellhead protection area.
B. 
All major development, as defined in § 195-37, within the WHPA must demonstrate conformance with the Borough's enhanced stormwater management requirements pertaining to groundwater recharge and runoff water quality, as described in § 195-37.3F and G of the Borough Code, in order to eliminate the potential for degrading or contaminating the surface water and groundwater within the WHPA.
C. 
A detailed hydrogeologic investigation shall be required for any new major development or redevelopment within the WHPA. The hydrogeological investigation should include site-specific discussions, including:
(1) 
Introduction and background information (description, relation to contaminated sites, etc).
(2) 
Water well records, if available.
(3) 
Water supply needs.
(4) 
General Geology/hydrogeology.
(5) 
Groundwater flow directions and gradients.
D. 
The following high risk uses that are potential major sources of groundwater contamination are prohibited in both of the designated areas of the WHPA:
(1) 
Building materials and contractor's yards.
(2) 
Cemeteries.
(3) 
Commercial fuel oil distributor.
(4) 
Commercial livestock operations.
(5) 
Dumps and open burning sites/pits.
(6) 
Junk or salvage yards.
(7) 
Land application of wastewater and/or sludge.
(8) 
Machine shops.
(9) 
Metal plating establishments.
(10) 
Motor vehicle sales (new and used).
(11) 
Motor vehicle service stations.
(12) 
Bulk storage operations involving liquids, hazardous substances or wastes, or petroleum products (excluding residential/commercial heating oil storage) in excess of de minimis quantities as defined by N.J.S.A. 13:1D-1 et seq., 13:1K-6, 58:10B-1 et seq., and 58:10-23.11a et seq. (or most current), Industrial Site Recovery Act.
(13) 
Recycling center.
(14) 
Sanitary landfill or solid waste transfer facility.
(15) 
Non-single-family sewage treatment/disposal pond.
(16) 
Radioactive materials operations or disposal.
(17) 
Quarries and mining operations.
(18) 
Unenclosed road salt stockpiles.
(19) 
(Reserved)
E. 
Any high-risk use located within the WHPA in existence prior to the date of enactment of this section shall be exempted from compliance with the requirements of this section.
F. 
Any material change or expansion of an existing high-risk use or property that would, in the opinion of the Borough Engineer or other applicable Borough official, result in a site plan or subdivision application to the Planning or Zoning Board, or otherwise meet the definition of a "major development," would require full compliance with the contents of this section.
G. 
The owner/operator of any new commercial and industrial uses within the WHPA shall submit his/her spill prevention control and countermeasure (SPCC) plans and any other written emergency procedures to the Borough, upon request.
H. 
The owner/operator of any new commercial and industrial uses within the WHPA shall submit to the Board of Health and Borough Engineer the following information and reports:
(1) 
Copies of all federal, state and county operational applications, approvals and permits; and reports and monitoring results that are related to environmental, pollution control, hazardous substance, hazardous waste and drinking water rules and regulations at the time of submittal to the federal, state and county authorities.
(2) 
Copies of all notices, reports and documents that are filed with federal, state and county authorities, in the event of any release of a hazardous substance or contamination, at the time of filing.
(3) 
Copies of all notices, orders, rules, decisions, recommendations, enforcement actions or similar documentation at the time of receipt by or on behalf of the owner/operator from any federal, state of county authorities in connection with enforcement of environmental, pollution control, hazardous substance, hazardous waste and drinking water rules and regulations.
I. 
All garbage dumpsters for residential, commercial or industrial land uses within the wellhead protection area shall be operated in an environmentally safe manner, including but not limited to the use of watertight lids; covered, regularly emptied dumpsters, no outdoor storage of solid waste, etc.
J. 
All new dumpster locations or relocations should be located as distant from stormwater collection facilities as practicable. In no case shall dumpster enclosures be located immediately upstream of any inlet, catch basin or vegetated swale.
A. 
Child-care centers.
(1) 
Child-care centers are permitted uses in all nonresidential zones.
(2) 
The floor area occupied in any building or structure as a child care center shall be excluded in calculating:
(a) 
Any parking requirement otherwise applicable to that number of units or amount of floor space, as appropriate, under state or local laws or regulations adopted thereunder; and
(b) 
The permitted density allowable for that building or structure.
(3) 
New buildings shall comply with Borough parking standards.
B. 
Essential services. Public utility lines for the transportation, distribution and/or control of water, electricity, gas, oil, steam and telegraph and telephone communications, and their supporting members, other than buildings and structures, including pipes, shall not be required to be located on a lot, nor shall this chapter be interpreted to prohibit the use of a property in any zone for the above uses. For purposes of this provision, wireless communications facilities shall not be deemed an essential service.
C. 
Amusement events. Notwithstanding any other provisions of this chapter, the following uses may be permitted only by the Borough Council:
(1) 
Temporary circuses; pony rides; animal acts; carnivals; bazaars; and educational sports, music or theatrical enterprises and displays when held out of doors in any zone, provided that the same are sponsored by a recreational, religious, charitable, social or services organization located within the Borough of Madison.
(2) 
Cultural or athletic events which are part of a house of worship, community house or school, college or university program and which are held on the premises owned or leased by or otherwise under the control of the institution conducting or sponsoring said program.
(3) 
Bingo, raffles or other legalized games of chance, when properly licensed in accordance with state and municipal requirements.
D. 
Temporary offices. Trailers or mobile structures used as temporary offices, workshops or for the storage of equipment and materials in connection with permitted construction of new buildings or structures may be temporarily permitted on the same site during the actual period of construction.
E. 
[1] Hours of business operations in certain areas. No retail establishment located in any nonresidential zone, including CBD-1, CBD-2 and CC Zones, that is located within 300 feet of any residential zone shall conduct business between the hours of 11:00 p.m. of each day and 6:00 a.m. of the following day. The distance shall be measured from any property line of the retail establishment to the closest residential zone line.
[Added 6-14-2010 by Ord. No. 34-2010]
[1]
Editor's Note: Former Subsection E, Wireless telecommunications facilities, which immediately followed this subsection, was repealed 3-11-2002 by Ord. No. 9-2002. See now § 195-33B(10).
A. 
Purpose. The purpose of these zones is to preserve the integrity of existing residential areas by preventing the intrusion of nonresidential uses into residential neighborhoods and by maintaining existing development intensity and population density consistent with residential neighborhood patterns.
B. 
Principal permitted uses.
(1) 
Single-family detached dwellings.
(2) 
Public parks and playgrounds.
(3) 
Two-family dwellings (only in R-4 Residential Zone).
C. 
Accessory uses.
(1) 
Uses which are customarily incidental and accessory to the principal use as permitted herein, including home occupations.
D. 
Conditional uses.
(1) 
Assisted-living residences.
(2) 
Long-term care facilities.
(3) 
Institutional uses.
(4) 
Home occupations.
E. 
Supplemental bulk and design regulations.
[Added 5-30-2018 by Ord. No. 26-2018]
(1) 
In no event shall the maximum height for detached single- or two-family dwellings, as measured to the highest point of the ridgeline of a roof, exceed 40 feet, measured from any point around the building.
(2) 
In the R-1 and R-2 Districts, the minimum side yard setback shall be 20 feet for one-story buildings up to 18 feet in height. The minimum side yard setbacks for a second story, or any building component greater than 18 feet in height, shall be increased by a combined five feet across both side yards or at least 2.5 feet if an addition affects one side yard.
(3) 
Attached garages.
(a) 
Attached garages facing and opening onto a public street shall be prohibited in the R-1 and R-2 Residential Zone Districts with the exception of corner lots. On corner lots, the primary front yard for purposes of this section shall be that yard upon which the front door faces; garages facing the secondary front yard shall be permitted.
[Amended 6-24-2019 by Ord. No. 23-2019]
(b) 
Attached garages facing and/or opening onto a public street shall be limited to 14 feet in width for single-family homes in the R-3 and R-4 Districts.
(c) 
Not more than three attached residential garage spaces shall be permitted in the R-1 or R-2 Districts, and no more than two attached garage spaces shall be permitted per lot in the R-3 and R-4 Districts.
(d) 
Garages facing and opening onto a public street shall be set back a minimum of an additional five feet from the front building line for any garage greater than 12 feet in width, and a minimum of three feet for any garage that is 12 feet in width or less, unless an unenclosed front porch of at least five feet in depth is proposed for the balance of the front facade.
(4) 
Where more than one single- or two-family home is proposed, building plans and elevations shall show a variation in design to be achieved by types of roofs, heights of eaves and peaks, building materials, and architectural treatment of the building facades.
F. 
Optional R-4AH Overlay Zone for South Side Park Avenue from James Park to Elm Street (Block 1402, Lots 1-8 and Block 1302, Lots 7-11).
[Added 9-14-2020 by Ord. No. 26-2020]
(1) 
Permitted uses: attached single-family homes, townhouses, two-family homes, garden apartments, multiple-family dwellings, and patio homes.
(2) 
Development standards:
(a) 
Maximum units per structure: six.
(b) 
Maximum height: 2.5 stories/38 feet.
(c) 
Minimum lot width: 100 feet.
(d) 
Minimum lot depth: 150 feet.
(e) 
Minimum lot area: 15,000 square feet.
(f) 
Maximum building coverage: 50%.
(g) 
Maximum impervious coverage: 65%.
(h) 
Maximum density: 14 units/acre.
(i) 
Minimum setbacks: 30 feet rear yard; eight feet each side yard for lots that meet the minimum required width, which may be reduced by one foot for each five feet of lot width under the minimum required but not resulting in less than a five-foot minimum side yard setback on each side.
(3) 
Supplemental standards:
(a) 
There shall be no parking between any building and Park Avenue.
(b) 
The prevailing front yard setback shall be maintained along Park Avenue.
(c) 
There shall be a maximum of one driveway per lot or development parcel onto Park Avenue.
A. 
Purpose. The purpose of this zone is to permit multifamily residential use at appropriate densities in locations accessible to major roadways, commercial services, and public facilities.
B. 
Principal permitted uses.
(1) 
Multiple-family dwellings (only in R-5 Residential Zone).
(2) 
Patio homes.
(3) 
Public parks and playgrounds.
(4) 
Single-family attached dwellings.
(5) 
Single-family detached dwellings.
(6) 
Two-family dwellings (only in R-6 Residential Zone).
C. 
Accessory uses.
(1) 
Uses which are customarily incidental and accessory to the principal use as permitted herein, including home occupations.
D. 
Conditional uses.
(1) 
Assisted-living residences.
(2) 
Long-term care facilities.
(3) 
Institutional uses.
(4) 
Home occupations.
E. 
Supplementary requirements.
(1) 
Single- and two-family dwellings shall meet all area and bulk controls set forth in the R-4 zone district in Schedule I[1] for single- and two-family dwellings, respectively.
[1]
Editor's Note: Schedule I is included at the end of this chapter.
(2) 
Multifamily, attached single-family and patio houses shall meet all area and bulk controls established in Schedule I[2] for such dwellings and the following additional requirements:
(a) 
Density.
[1] 
Multifamily: maximum floor area ratio (FAR): 0.30.
[2] 
Attached single-family:
Square Footage
(excluding garages)
Units Per Acre
2,500 or more
4
2,000 to 2,499
5
Under 2,000
6
[3] 
Patio home: four units per acre.
(b) 
Off-street parking: as set forth in RSIS.
[1] 
Multifamily: 50% shall be in garages.
[2] 
Attached single-family and patio homes: one per dwelling unit shall be garaged.
(c) 
Maximum number of units in a structure:
[1] 
Multifamily: 20.
[2] 
Attached single-family: six.
(d) 
Storage areas: minimum of 1,000 cubic feet per dwelling unit, exclusive of garages.
(e) 
Minimum floor area.
[Amended 9-14-2020 by Ord. No. 26-2020]
Type of Unit
Minimum Floor Area
(square feet)
Studio/efficiency
500
1-bedroom
650
2-bedroom
800
3-bedroom
1,000
(f) 
Minimum setbacks: No structure containing a dwelling unit shall be located closer than 60 feet to any abutting public street or 40 feet from any private street or property line.
(g) 
Minimum distance between buildings.
Location
Distance
Minimum
(feet)
End wall to end wall
1/2 height of highest wall
12
Any window wall to end wall
1 1/2 times height of highest wall
30
Window wall to window wall
3 times height of highest wall
75
(h) 
Minimum common open space: 30%.
(i) 
Other requirements:
[1] 
No apartment shall be permitted in the basement or cellar of multifamily structures.
[2] 
A minimum four-foot building offset shall be provided for each two attached single-family units and every 50 feet of multifamily structures.
[3] 
Accessory structures shall harmonize architecturally with and be constructed of materials of like character to those used in the principal structure.
[4] 
Open space to be deeded to a condominium or homeowners' association shall meet the requirements of N.J.S.A. 40:55D-43.
[2]
Editor's Note: Schedule I is included at the end of this chapter.
A. 
Purposes. The purpose of this zone is to:
(1) 
Encourage the continued use, maintenance and renovation of the existing buildings and site improvements previously devoted to use as Bayley Ellard High School.
[Amended 3-9-2009 by Ord. No. 6-2009]
(2) 
In the alternative, provide an environmentally sensitive residential development by preserving, to the maximum extent possible, the natural features of the site.
(3) 
Allow for greater flexibility and creativity in the design of residential developments.
(4) 
Provide for the preservation and maintenance of open land for passive recreational use and for active public recreational use.
[Amended 12-12-2005 by Ord. No. 53-2005]
(5) 
Maximize the preservation of historic resources.
[Added 12-12-2005 by Ord. No. 53-2005]
B. 
Principal permitted uses.
(1) 
Single-family detached dwellings in a cluster development.
[Amended 12-12-2005 by Ord. No. 53-2005]
(2) 
Public parks and common open space.
(3) 
[1]Religious and/or educational uses of the existing buildings and suite improvements previously devoted to use as Bayley Ellard High School.
[Added 3-9-2009 by Ord. No. 6-2009]
[1]
Editor's Note: Former Subsection B(3), Residential cluster development, was repealed 12-12-2005 by Ord. No. 53-2005.
(4) 
Public uses.
[Added 3-9-2009 by Ord. No. 6-2009]
C. 
Accessory uses.
(1) 
Uses which are customarily incidental and accessory to the principal use as permitted herein, including home occupations.
D. 
Conditional uses.
(1) 
Institutional uses.
(2) 
Assisted-living residences.
(3) 
Long-term care facilities.
(4) 
Continuing care retirement communities (CCRC).
(5) 
Home occupations.
E. 
Supplementary requirements for high school. A Master Development Plan shall be submitted to the Planning Board for an annual review at the Board's third meeting of the year. The Master Development Plan shall include the following:
(1) 
Graphic and, where appropriate, text explanation of all existing structures and facilities, including building and parking areas and improved pedestrian and vehicular circulation areas of the high school.
(2) 
All contemplated future construction on the property, as best as can be determined.
(3) 
Specific proposals to manage the internal circulation of pedestrian and vehicular traffic within the site and parking adequacy and an assessment of the impact on the surrounding area.
(4) 
The status of any environmental issues affecting the high school (e.g., preservation and management of critical areas).
F. 
Supplementary requirements for cluster residential development.
[Amended 12-12-2005 by Ord. No. 53-2005]
(1) 
Minimum tract size: 25 acres.
(2) 
Open space requirement. The following open space requirement shall apply to any proposed development for single-family detached dwellings:
(a) 
Amount. Except as provided for in § 195-32.2.F(5)(c) below, at least 50% of any residential development tract shall be set aside as permanently deed-restricted open space (as defined in § 195-5 of this chapter) for the benefit of the residents of the development and/or general public. The open space calculation shall not include any areas in individual residential lots and areas devoted to public streets or rights-of-way.
(b) 
Location and suitability. The developer's open space proposal shall be designed to preserve environmentally sensitive lands, scenic features and existing outdoor recreational facilities and shall further the purposes of this subsection. All open spaces shall be located and sized in accordance with sound planning and design principles. The Planning Board shall determine the suitability of the open space proposal and in doing so shall consider, among other factors, the relationship of the proposed open space to its surroundings both within and outside of the proposed development.
(c) 
The layout of the subdivision shall avoid and preserve historic resources listed in the historic preservation element of the Master Plan. The development shall incorporate creative development techniques to conserve historic sites and resources. The visual pattern of the historic resources on the property and on adjoining properties shall be harmonized. New construction shall strengthen the historic design features of the property by, for example, framing views, enclosing open space or continuing design features or statements. Historic structures and resources shall be maintained within the development and shall be designed with adequate buffers and transition areas to preserve the integrity of the historic structures.
(d) 
Structures built in open space areas. Any structure(s) accessory to conservation open space (e.g., paths) may be erected within the dedicated open space. These accessory structures shall not exceed, in the aggregate, 1% of the required open space area. A portion of the open space may also be used for the construction of retention or detention facilities. Easements shall be no larger than reasonably necessary, and the Planning Board shall require reasonable assurances and covenants that such facilities shall be maintained.
(e) 
Access to open space. Open space intended for use by the public, if any, shall be easily accessible to pedestrians.
(f) 
Pedestrian walks. A portion of the open space may be used for ways serving as pedestrian walks if such a use, in the opinion of the Planning Board, enhances better site and community planning and the general purpose of the RC Zone and if the Planning Board finds that adequate assurances and covenants exist to ensure proper maintenance of such walks.
(g) 
Dedication of open space and historic resources. The developer may dedicate any open space and historic resources as required by this section to the Borough of Madison, and the Borough Council may accept such a dedication in its discretion.
(h) 
Restrictive covenant. The developer shall prepare a restrictive covenant, which shall embody the open space and historic preservation restrictions where such open space and historic resources are not dedicated to the Borough of Madison. The restrictive covenant shall be recorded simultaneously with the subdivision plat and shall be referred to therein. The form and substance of the restrictive covenant shall be appropriate to accomplish the purposes of this section and shall be satisfactory to the Planning Board and Borough Attorney.
(i) 
Homeowners' association. If the proposed open space and/or historic resources are not dedicated to and accepted by the Borough, the developer shall establish a homeowners' association for the purpose of owning and maintaining the common open space and/or the historic resources within the development for the benefit of its residents. Membership in the homeowners' association shall be mandatory for the owners of all lots within the development. The homeowners' association shall not be dissolved and shall not dispose of any open space or historic resources without first offering to dedicate such open space or historic resources to the Borough. In the event that any homeowners' association organized pursuant to this subsection fails to maintain its open space or historic resources in reasonable order and condition, the Borough shall have all rights and remedies provided by the Municipal Land Use Law (N.J.S.A. 40:55D-43). The certification of incorporation or other document creating the homeowners' association shall be prepared by the developer and submitted to the Borough Attorney for review and approval of form and substance.
(3) 
Design standards.
(a) 
Yards. Front and side yards may be staggered to provide a variety in the size of such yards.
(b) 
Common open space shall include irreplaceable natural features located on the parcel, such as but not limited to stands of trees, individual trees of significant size, steep slopes and wetlands.
(c) 
Diversity and originality in lot layout and individual building design shall be encouraged to achieve the best possible relationship between development and the land.
(d) 
The construction of all roadways, interior streets, sidewalks, curbing, street trees, stormwater control and utilities shall be in accordance with the standards specified in the subdivision regulations of this chapter. The Planning Board shall consider allowing deviations from those sections of the subdivision standards in the interest of good design if it determines that adequate access will be provided to all lots in the development by ways that will be safe and convenient for travel. While each development proposal is unique, the Planning Board shall consider allowing deviations from standards for cartway width, curbing, right-of-way, cul-de-sac streets, street trees and sidewalks and methods of stormwater removal, where the deviation significantly minimizes or reduces land disturbance, tree removal, cut and/or filling and impervious coverage or sensitive or scenic natural features of the land, or otherwise furthers the purposes of this subsection and is reasonable and consistent with the purposes of this subsection without resulting in a detriment to the public good and surrounding neighborhood.
(4) 
Findings. The Planning Board shall not approve any residential cluster development in the RC Zone unless the proposal meets all applicable requirements for preliminary major subdivision approval and the Planning Board makes all applicable findings and conclusions as set forth in N.J.S.A. 40:55D-45.
(5) 
Development standards for residential clustering.
(a) 
The maximum number of residential lots in a cluster development shall be determined by Planning Board approval of a conceptual subdivision plan for conventional development of the tract under the standards applicable to the R-1 Zone.
(b) 
Residential lots produced by clustering shall comply with the standards of the R-2 Zone, except that a minimum lot size of 12,700 square feet shall be required.
(c) 
Where open space suitable for active recreation at the discretion of the Planning Board and amounting to at least 40% of the tract area is dedicated to the Borough of Madison, the Planning Board may permit the maximum number of clustered residential lots determined by way of a conceptual R-1 conventional development to be increased by 15%, the required amount of open space shall be minimum of 40%, including dedications to the Borough of Madison, and the dimensional standards of the R-2 Zone shall apply, except that the minimum lot area shall be 12,000 square feet and the minimum lot width for interior lots shall be 80 feet.
(6) 
Supplemental development standards for conditional uses. Continuing care retirement communities shall be subject to a maximum impervious coverage limit of 15% with the following exceptions:
(a) 
Where at least 50% of the tract is reserved as open space, an impervious coverage for the remainder of the tract of up to 30% shall be permitted.
(b) 
Where at least 40% of the tract which is suitable for active recreation is dedicated to the Borough of Madison, an impervious coverage for the remainder of the tract of up to 40% shall be permitted.
A. 
Principal permitted uses.
(1) 
Business, medical, professional, executive or administrative offices.
(2) 
Public parks and playgrounds.
(3) 
Single-family detached dwellings.
B. 
Accessory uses.
(1) 
Uses which are customarily incidental and accessory to the principal use as permitted herein, including home occupations.
C. 
Conditional uses.
(1) 
Assisted-living residences.
(2) 
Long-term care facilities.
(3) 
Institutional uses.
(4) 
Home occupations.
A. 
Purpose. The purpose of the CBD-1 Zone is to promote a vital, mixed-use, walkable downtown core designed to encourage street-level pedestrian activity through ground-level locally oriented retail uses and upper-floor offices and residential uses. The purpose of the CBD-2 Zone is to similarly promote a walkable and inviting streetscape with both mixed-use development and multifamily inclusionary development proximate to Main Street and transit service, supporting and complementing the retail and service core. Preserving and maintaining a streetscape consistent with downtown design principles, encouraging the reuse and rehabilitation of historic structures, maintaining the character and scale of buildings, sites, and uses to promote pedestrian accessibility and safety, and encouraging locally oriented retail businesses and services are central to the identity, health and vitality of the CBD Zones.
[Amended 11-9-2009 by Ord. No. 54-2009; 9-14-2020 by Ord. No. 26-2020]
B. 
Principal permitted uses.
(1) 
Apartments over stores or offices.
(2) 
Business, medical, professional, executive or administrative offices.
(3) 
Theaters.
(4) 
Institutional uses.
(5) 
Off-street parking facilities.
(6) 
Public parks and playgrounds.
(7) 
Recreation facilities, commercial or private.
(8) 
Restaurants, non-drive through.
(9) 
Retail sales and service.
(10) 
Financial institutions, non-drive-up window.
(11) 
Two-family dwellings (only in CBD-2 Zone).
(12) 
Single-family detached dwellings (only in CBD-2 Zone).
(13) 
Inclusionary multifamily residential in compliance with §§ 195-47 and 195-48 (only in CBD-2 Zone).
[Added 9-14-2020 by Ord. No. 26-2020]
C. 
Accessory uses.
(1) 
Uses which are customarily incidental and accessory to the principal use.
(2) 
Home occupations.
D. 
Conditional uses.
(1) 
Assisted-living residences.
(2) 
Long-term care facilities.
(3) 
Gasoline service stations.
(4) 
Outdoor dining.
[Added 7-12-2010 by Ord. No. 20-2010]
E. 
Prohibited uses. Drive-through windows associated with any use, including, but not limited to, retail sales and services, business services, restaurants, and financial institutions.
[Added 9-22-2008 by Ord. No. 59-2008]
F. 
Off-street parking.
[Added 11-9-2009 by Ord. No. 54-2009]
(1) 
Off-street parking requirements in the CBD-1 and CBD-2 Zones shall meet the nonresidential parking requirements set forth in the tables provided in Parking Schedule I in § 195-35, reduced by 20%, as well as the parking requirements for residential use as per the NJRSIS, except that on-street parking shall not be counted towards the parking requirement. In evaluation of parking requirements, the reviewing board may consider demand management approaches, such as provision of carsharing, ridesharing and shuttles, and may further reduce the required parking by up to 10% based on documentation provided by an applicant outlining proposed demand management techniques.
(2) 
If there is a change in building occupancy (tenancy), but not use [as defined by § 195-20B(2)], and no physical expansion is proposed, additional parking above what is already provided (on site, off site, or through a shared parking agreement) is not required and no parking variance is necessary.
(3) 
If there is a change in building occupancy and use (but not physical expansion), then the parking requirements are computed based on the difference between the parking required for the legally existing (prior) use versus the parking required for the new (proposed) use, provided there shall be no reduction in the amount of any existing on-site or designated off-site parking; however, further provided that retail uses with incidental accessory sales of food or beverage items (comprising less than 5% of total establishment revenue or less than 15% of establishment floor area), as well as specialty food establishments of less than 1,500 square feet that do not provide full meals for on-site or off-site consumption, may include up to eight seats for on-site consumption of such items without generating any additional off-street parking requirements in the CBD Zones.
[Amended 6-13-2016 by Ord. No. 45-2016]
(4) 
Parking requirements may be addressed in the CBD Zones through a shared parking approach between compatible uses either on or off tract. The off-tract parking shall be located within five blocks or 1,000 feet of the subject property. Documentation shall be provided to support the feasibility of shared parking, including an analysis of the uses sharing the parking and the peak usage periods for each, hours of operation of uses sharing the parking, and lot capacity (number of spaces) based on existing and proposed usage of the lot. A written contractual arrangement should be secured for a minimum two-year period, with a renewable option between parties.
(5) 
There shall be no minimum required off-street parking in the CBD-1 Zone for permitted ground-floor nonresidential uses with public street frontage or frontage on a municipal alley or municipal parking lot.
[Added 9-11-2017 by Ord. No. 35-2017]
G. 
Supplemental requirements.
[Added 11-9-2009 by Ord. No. 54-2009]
(1) 
Landscaped buffers.
(a) 
Where a nonresidential or mixed-use development is contiguous to a residential use or zone, there shall be a landscaped buffer strip along the perimeter of the property where it is contiguous to such residential property or zone. Such buffer strip shall be at least 10 feet in depth measured from the residential property line and shall be used as a planting strip or developed as a planted berm, with plant material (trees, shrubs, and plants, including a combination of coniferous and deciduous varieties) a minimum of six feet in height at time of planting. In addition, the reviewing body may also require a solid, board-on-board fence in conjunction with the plantings of at least five feet in height.
(2) 
Residential units permitted over first floor commercial space, with the exception of units owned and/or operated by the Madison Housing Authority, shall conform with the following minimum floor area requirements:
[Added 5-10-2010 by Ord. No. 17-2010; amended 9-14-2020 by Ord. No. 26-2020]
(a) 
Studio/efficiency: 500 square feet.
(b) 
One bedroom: 650 square feet.
(c) 
Two bedrooms: 800 square feet.
(d) 
Three bedrooms: 1,000 square feet.
(3) 
The standards of § 195-24.2E shall apply.
[Added 9-14-2020 by Ord. No. 26-2020]
H. 
Inclusionary overlay zones shall provide for residential development under CBD-2 standards as follows:
[Added 9-14-2020 by Ord. No. 26-2020]
(1) 
Block 1501, Lot 1: This lot shall have an overlay option for inclusionary multifamily development under the CBD-2 standards for inclusionary multifamily development, except that the maximum permitted impervious coverage and maximum permitted height may be increased by 10% and five feet, respectively, to allow for preservation of the existing barn/barns at the corner of Ridgedale and Cook Avenues.
(2) 
Block 2001, Lots 14 and 15: These lots shall have an overlay option for multifamily development under the CBD-2 standards.
A. 
Purpose. The purpose of this zone is to provide community commercial uses which will primarily serve the residents of the Borough. This zone is not intended for the development of large, regional retail uses. The development of small-scale office buildings and multifamily housing are permitted uses which complement the community retail uses. The standards of this zone are intended to create a visually pleasing streetscape which establishes a positive aesthetic relationship between the public spaces (e.g., roads and sidewalks) and the building facades and layout of the sites.
B. 
Principal permitted uses.
(1) 
Retail sales and service.
(2) 
Business, medical, professional, executive or administrative offices.
(3) 
Restaurants, non-drive-through.
(4) 
Institutional uses.
(5) 
Theaters.
(6) 
Apartments over retail and/or office uses. (Subject to § 195-32.5F.)
[Amended 6-13-2005 by Ord. No. 18-2005]
(7) 
Financial institutions, non-drive-up window.
(8) 
Funeral homes.[1]
[1]
Editor's Note: Former Subsection B(8), which permitted any use permitted in any residential zone, was repealed 9-14-2020 by Ord. No. 26-2020. This ordinance also renumbered former Subsection B(9) and (10) as Subsection B(8) and (9), respectively.
(9) 
Recreational facilities, commercial or private.
C. 
Accessory uses.
(1) 
Uses which are customarily incidental and accessory to the principal use.
D. 
Conditional uses.
(1) 
Assisted-living residences.
(2) 
Long-term care facilities.
(3) 
Restaurants, drive-through.
(4) 
Gasoline service stations.
(5) 
Financial institutions, with drive-up window.
(6) 
Public garages.
(7) 
Outdoor dining.
[Added 7-12-2010 by Ord. No. 20-2010]
E. 
Supplemental requirements; design standards. All uses in the CC Zone shall meet the following design standards and those applicable provisions of Article IV.
[Amended 5-10-2010 by Ord. No. 17-2010; 9-14-2020 by Ord. No. 26-2020]
(1) 
Residential conversions. The conversion of an existing residential structure to any nonresidential use shall maintain the character of the existing structure and meet all off-street parking and other requirements contained in this chapter. Any conversion of an existing residential building shall be consistent with the existing architecture.
(2) 
Access driveways for retail uses are permitted only from Main Street unless there is no Main Street frontage or unless the Planning Board determines that access from a local or collector road is safer or results in a better circulation pattern.
(3) 
Parking.
(a) 
No parking shall be permitted in the required front yard nor between any part of the front building facade and the street right-of-way line.
(b) 
In appropriate cases, access driveways shall be encouraged to be located so as to allow for a future common drive with the adjacent parcel at one side yard line. Cross easements to permit shared parking areas in the CC Zone shall be encouraged in appropriate cases.
(c) 
Parking areas shall be screened from view of adjacent residential zones, existing residential uses and public roads by landscaping, fencing or a combination of these to create a buffer at least four feet in height. Landscaping shall contain a mix of deciduous and evergreen plantings sufficient to screen the view of vehicles in all seasons.
(d) 
Parking areas located beneath a building shall be fully screened by a mix of deciduous and evergreen plantings and be physically enclosed from view by extension of the front facade of the building to shield all such parking.
(4) 
Landscaping.
(a) 
An eight-foot landscaped buffer shall be required along each side yard, and a fifteen-foot landscaped buffer shall be required along the rear property line. The pervious areas in the required front yard and/or between the front building facade and the street right-of-way shall be fully planted and maintained in lawn area or ground cover or landscaped with a mix of deciduous and evergreen shrubbery and trees. The landscape plan shall be prepared by a licensed landscape architect.
(b) 
Compliance with other regulations, specifically those for street trees, shall be required.
(5) 
Building design and requirements.
(a) 
Large, horizontal buildings of limited height shall be broken down into segments having vertical orientation, both architecturally and structurally. One-story buildings are discouraged.
(b) 
Roof forms such as gable, mansard and similar pitched roof lines are required. Flat roofs are prohibited.
(c) 
Rooftop mechanical equipment shall be screened from public view by architecturally compatible materials. Ground-level mechanical equipment, such as air conditioning equipment, utility boxes and meters, shall be screened from public view by landscaping, walls or fencing.
(d) 
A minimum of one building entrance shall face the arterial road where there is frontage on an arterial. Sidewalks along an arterial road shall be provided within the front yard area for access from the existing sidewalk system along the arterial road and the entrance facing the arterial road.
(e) 
The visual character of buildings along street frontages and entryways shall be "pedestrian friendly." Particular consideration shall be given to shop fronts, including windows and doors.
(f) 
Fire escapes are prohibited on the principal facade of a building.
(6) 
Street furniture.
(a) 
Security gates of any kind are prohibited. These include solid or open gates and roll-up doors.
(b) 
The design of all new street furniture (e.g. benches, trash receptacles, etc.) shall be consistent with the building design.
(7) 
Trash disposal.
(a) 
An area for trash disposal and recycling shall be provided. This area shall be screened from the parking areas and adjacent properties with fencing and/or landscaping.
(b) 
Trash disposal areas shall be located as far from residential zone boundaries as possible, but in no case shall they be located within seven feet of any residential zone or use.
(c) 
Trash disposal areas are prohibited anywhere in the required front yard and/or between the front facade and the street right-of-way.
(8) 
Residential development, with the exception of 100% affordable housing development, shall conform with the following minimum floor area requirements:
(a) 
Studio/efficiency: 500 square feet.
(b) 
One bedroom: 650 square feet.
(c) 
Two bedrooms: 800 square feet.
(d) 
Three bedrooms: 1,000 square feet.
F. 
Supplemental dimensional requirements for apartments over retail and/or offices uses. The floor areas of apartments above the first floor of buildings in the CC Zone which satisfy the following dimensional requirements shall be exempt from the calculation of the maximum permitted floor area ratio and shall be subject to all of the following supplemental dimensional provisions:
[Added 6-13-2005 by Ord. No. 18-2005]
(1) 
Lot frontage shall be on Main Street and be at least 125 feet.
(2) 
The lot size shall be at least two times the minimum required lot size.
(3) 
No more than 12 dwelling units shall be on any property/parcel outside of the CC Inclusionary Overlay Zone.
[Amended 9-14-2020 by Ord. No. 26-2020]
(4) 
Residential floors above the first floor shall be designed as an extension of the front facade and in no case shall the residential space extend beyond the limits of the first floor building footprint.
G. 
CC Inclusionary Overlay Zone regulations.
[Added 9-14-2020 by Ord. No. 26-2020]
(1) 
Purpose: to allow well-designed inclusionary multifamily residential development in key nodes along the Main Street corridor east of downtown.
(2) 
Principal permitted uses.
(a) 
Inclusionary multifamily residential development in accordance with §§ 195-47 and 195-48.
(3) 
Bulk regulations.
(a) 
Height: three stories/38 feet.
(b) 
Minimum front yard: minimum, 20 feet; maximum, 40 feet.
(c) 
Minimum side yard: 15 feet.
(d) 
Minimum rear yard: 25 feet.
(e) 
Minimum lot area: 10,000 square feet.
(f) 
Maximum distance from ROW for minimum lot area to be calculated: 150 feet.
(g) 
Minimum lot depth: 100 feet.
(h) 
Minimum lot width: 125 feet.
(i) 
Maximum impervious coverage: 70%.
(j) 
Minimum number of buildings per tract or lot:
[1] 
For lots/tracts greater than 40,000 square feet: two.
[2] 
For lots/tracts greater than 80,000 square feet: three.
[3] 
For lots/tracts greater than 100,000 square feet: four.
(k) 
Maximum inclusionary multifamily density: 18 units per acre for all lots under 100,000 square feet; 20 units per acre for lots over 100,000 square feet.
(4) 
The standards in §§ 195-32.5E and 195-32.13H shall apply.
(5) 
Block and lots included in CC Overlay Zone:
BLOCK
LOT
1203
13
1105
28
1105
29.01
1106
1, 2
2001
17, 18, 19, 20 23, 24, 25
2502
1 to 6; 8 to 13
2402
1 to 4; 22, 20
2208
27
A. 
Purpose. To acknowledge and permit the continued use of lands within the Borough of Drew University and Fairleigh Dickinson University.
B. 
Principal permitted uses.
(1) 
Colleges and Universities.
(2) 
Institutional uses.
(3) 
Private recreational facilities.
C. 
Accessory uses.
(1) 
Uses which are customarily incidental and accessory to the principal use as permitted herein.
D. 
Conditional uses.
(1) 
Existing housing for faculty and employees of Drew University and their families.
E. 
Supplementary requirements.
(1) 
Such uses shall provide housing and dining facilities for not less than 200 students on a permanent basis throughout the school year.
(2) 
Such uses shall include the erection, construction, alteration and maintenance of buildings containing classrooms, auditoriums, libraries, laboratories, workshops for teaching arts and crafts, theaters (other than as commercial ventures solely for profit), lecture rooms, museums, art and civic centers, dormitories, residence halls, refectories, infirmaries or buildings for housing and medical treatment of students, faculty members and other college or university personnel who are ill or injured, gymnasiums, swimming pools, athletic fields, tennis courts, grandstands, stands and noncommercial parking areas for the use of persons attending, visiting or connected with the college or university where such are located; roads and drives, buildings and structures for the housing of heat, power and refrigeration facilities and equipment for the protection of life and property; noncommercial laundries for the use of persons residents within said U Zone; and a bookstore primarily for university use.
(3) 
A minimum setback of 50 feet shall be maintained from any exterior property line. Said 50 feet shall serve as a buffer between the resident college and university and surrounding residences.
F. 
Master development plan. A Master Development Plan shall be submitted to the Planning Board for an annual review at the Board's third meeting of the year. The Master Development Plan shall include the following:
(1) 
Graphic and, where appropriate, text explanation of all existing structures and facilities, including building and parking areas and improved pedestrian and vehicular circulation areas of the University.
(2) 
All contemplated future construction on the property, as best as can be determined.
(3) 
Specific proposals for the internal circulation of pedestrian and vehicular traffic within the campus, and parking adequacy and assessments of the impact on the surrounding area.
(4) 
All existing and proposed off-campus University facilities (e.g., housing, offices, classrooms).
(5) 
The status of any environmental issues affecting the University (e.g., preservation and management of critical areas).
[Amended 7-12-2010 by Ord. No. 35-2010]
A. 
Purpose. The purpose of this zone is to permit a wide range of office and research and development uses in accordance with current best practices of green building and sustainable site design to minimize impacts on adjacent residential areas to the maximum extent possible. This purpose encompasses the rehabilitation and reuse of existing site improvements and infrastructure, as well as any future new construction within the zone.
B. 
Principal permitted uses.
(1) 
Business, medical, professional, executive or administrative offices.
(2) 
Institutional uses.
(3) 
Research and development uses.
C. 
Accessory uses.
(1) 
Uses which are customarily incidental and accessory to the principal uses as permitted herein.
D. 
Conditional uses.
(1) 
Assisted-living residences.
(2) 
Long-term care facilities.
E. 
Supplemental requirements.
(1) 
All pervious areas in the required front yard and/or between the front building facade and the street right-of-way shall be fully planted and maintained in a combination of lawn area or ground cover with a mix of native deciduous and evergreen shrubbery and trees. Landscaping around any parking areas shall contain a mix of deciduous and evergreen plantings sufficient to screen the view of vehicles in all seasons from adjacent residential uses. The landscape plan shall be prepared by a licensed landscape architect and reviewed by the Madison Shade Tree Management Board.
(2) 
No chain-link or vinyl fencing shall be permitted along any public street frontage nor adjacent to any residential use.
(3) 
The selection of building design elements, such as materials, fenestration, color and texture, should balance the needs of the proposed uses of the site with elements to achieve harmony with the neighborhood and Borough.
(4) 
Site lighting should be harmonious with the building style and design and shall use only downward-facing fixtures to minimize spillage and glare. Lighting intensities shall be the minimum required to adequately light the site and shall consider the proximity and nature of adjoining uses. See also § 195-25.6 for additional standards.
(5) 
All building facades shall be treated as front facades in terms of architectural detailing and treatments.
(6) 
Buildings are required to incorporate vertical and horizontal articulation through variations in build-to lines, incorporation of entry treatments and pergolas, careful selection of materials, the use of projections and fenestration, and/or similar architectural treatments to improve the visual appearance of the buildings.
(7) 
Applicants for development in the OR Zone shall submit photo simulations showing the massing, scale, materials and finishes proposed for the project from various viewpoints in context with surrounding properties. These simulations shall be submitted at the time of the initial application for site plan approval.
(8) 
All proposals for development in this zone shall be required to prepare a traffic impact statement in accordance with § 195-20G that shall consider increases in cut-through traffic through neighboring local streets.
(9) 
For the purpose of calculating impervious coverage and to encourage the use of sustainable site design components that increase groundwater recharge, all pervious pavement and engineered green roof systems shall receive a credit towards the calculation of impervious coverage. These areas, provided they are designed and maintained in accordance with best engineering practices, shall receive deductions for purposes of calculating impervious coverage in the OR Zone, as follows:
(a) 
Green roof. Engineered green roofs may be considered for a reduction in impervious coverage, provided they cover a minimum of 500 square feet of contiguous roof area. Deductions shall be as follows:
[1] 
A reduction of 20% in impervious coverage for systems with unit weights of 10 to 25 pounds/square foot saturated and vegetated;
[2] 
A reduction of 35% in impervious coverage for systems with unit weights of 25 to 40 pounds/square foot saturated and vegetated;
[3] 
A reduction of 50% in impervious coverage for systems with unit weights of 40+ pounds/square foot saturated and vegetated;
[4] 
Additional coverage reduction for system designed to retain entire one-hundred-year design storm may be granted based on review and determination by the Board Engineer.
(b) 
Pervious paving systems. Pervious paving systems may be considered for a reduction in impervious coverage, provided they cover a minimum of 5% of all parking stalls or 2.5% of total paved area of the site and provided they demonstrate compliance with design criteria of Chapter 9.7 of the New Jersey Department of Environmental Protection Best Management Practices Manual, latest version, in order to qualify for coverage credits. Deductions shall be as follows:
[1] 
Twenty percent reduction in impervious coverage for impervious concrete pavers without storage bed;
[2] 
Forty percent reduction in impervious coverage for impervious concrete pavers with stone storage bed;
[3] 
Fifty percent reduction in impervious coverage for porous paving systems;
[4] 
Additional coverage reduction may be granted for storage bed designed to retain the entire one-hundred-year design storm based on review and determination by the Board Engineer.
(10) 
Standards related to site design and layout, including, but not limited to, landscaping, stormwater management, lighting, parking, etc., outlined in other sections of Chapter 195, Land Development, shall apply. In the event of inconsistencies between standards elsewhere in Chapter 195 and in this section, the more restrictive standard shall apply.
(11) 
Accessory uses, including shared conference rooms for use by multiple tenants, cafeterias, fitness facilities, and similar amenities designed for the sole use of building occupants shall not exceed 15% of a building's gross floor area.
(12) 
Laboratory floor area shall not exceed 25% of a building's gross floor area.
[Amended 6-27-2016 by Ord. No. 49-2016]
A. 
Purpose. The purpose of this zone is to:
(1) 
Preserve existing natural resources and give proper consideration to the physical constraints of the land.
(2) 
Provide for safe and efficient vehicular and pedestrian circulation.
(3) 
Provide for screening, landscaping, signing and lighting.
(4) 
To continue to maximize the economic benefits of Giralda Farms to the community and region by retaining and attracting high quality jobs and innovative businesses that value the unique setting and environmental character of the campus.
(5) 
Provide for compliance with appropriate design standards to ensure adequate light and air, proper building arrangements and minimum adverse effects on surrounding property.
(6) 
Develop proper safeguards to minimize the impact on the environment, including, but not limited to, minimizing soil erosion and sedimentation, air and water pollution and noise levels.
(7) 
Ensure the provision of adequate water supply, drainage and stormwater management, sanitary facilities and other utilities and services.
(8) 
Retain as much of the natural vegetative cover, particularly in critical environmental areas, where it serves important functional as well as aesthetic purposes.
(9) 
Implement the adopted policies of the Borough of Madison Comprehensive Master Plan, as amended, dealing with proper land development, site design and conservation.
(10) 
To recognize the unique environmental setting and design of Giralda Farms and to continue to mitigate and balance the environmental impacts of development with development opportunities through incorporation of innovative, sustainable design and low impact development techniques
(11) 
Advance and promote sound growth and the general welfare.
B. 
Principal permitted uses.
(1) 
Business, administrative and professional offices.
(2) 
Up to 10% of any permitted office building may be used for any combination of the following uses:
(a) 
Nonhazardous laboratories, research and development, experimentation and testing;
(b) 
Facilities for higher education and/or partnerships between the private sector and higher education; and
(c) 
High technology/innovation business incubator facility.
C. 
Accessory uses.
(1) 
Uses which are customarily incidental and accessory to the principal uses, as permitted herein.
(2) 
One residential conference center within a single PCD-O complex.
(3) 
Indoor and outdoor recreational facilities for use by PCD-O tenants, owners and their guests.
(4) 
One hotel within the overall PCD-O Zoning District, in accordance with the standards in § 195-32.8D(5).
(5) 
A full service, non-drive-through restaurant or private eating club is permitted in existing (as of the date of adoption of this amendment) accessory structures only.
D. 
Supplementary requirements.
(1) 
Size. No tract, parcel or lot to be used for a planned commercial development-office shall contain less than 175 acres. Public or private streets, roads or rights-of-way shall not be deemed to divide acreage of a planned commercial development-office.
(2) 
Boundary line setback and perimeter buffer zone.
(a) 
Boundary line setback requirements. No building or structure in a planned commercial development-office shall be erected within 200 feet of the right-of-way of Woodland Avenue, Madison Avenue or Treadwell Avenue, and no building or structure in the PCD-O shall be erected within 250 feet of the right-of-way of Loantaka Way.
(b) 
Buffer zone requirements. The applicant shall be required to maintain a buffer zone area of at least 200 feet along the perimeter of any PCD-O, except that no buffer area shall be required along the interior periphery of any PCD-O site to the extent that said boundary line also adjoins the Borough of Madison and Township of Chatham municipal boundary line. Said buffer zone shall be kept in its natural state where wooded, and, when natural vegetation is sparse or nonexistent, the Planning Board may require the applicant to supplement the existing vegetation. Within said buffer zone, no structure or off-street parking or loading areas shall be permitted, except utility easements, gatehouses, fences and signs. Roads other than circumference roads may be permitted to cross through the buffer area. Said buffer zone may be included for the purpose of computing the planned commercial development-office density requirements.
(c) 
Reduction in buffer zone requirements. The buffer zone requirements may be reduced by the Planning Board where existing or proposed vegetation and topographic features accomplish the primary objective of preserving the vista from adjoining and boundary streets.
(3) 
Utilities. All PCD-O developments shall be served by public water and public sewers. All utility wiring shall be underground.
(4) 
Office/commercial building standards.
(a) 
Floor area ratio. The maximum floor area ratio shall be 0.30 to the tract, but in no event shall the gross floor area within any PCD-O complex exceed 2,250,000 square feet.
(b) 
Minimum lot size. There shall be a minimum lot size of 20 acres for each office building operation.
(c) 
Height. No building height or any part thereof or appurtenances thereto shall exceed the lesser of 60 feet above ground level or 50 feet above the center line of the nearest point of Loantaka Way or Madison Avenue.
(d) 
Off-street parking. Every building shall be provided with off-street parking at a maximum ratio of 30 parking spaces for each acre of PCD-O area. Not more than 15% of all parking shall be surface, at-grade, uncovered parking. Off-street parking shall be screened and integrated with natural grade and environmental characteristics. Smaller footprint parking structures that are not entirely subsurface are permitted in accordance with the following design standards:
[1] 
The siting of such structures should take advantage of natural grades to minimize soil disturbance and visual impacts.
[2] 
The height of such structures should not exceed a maximum of 20 feet above pre-development grade to the highest point of the roof or parapet of the parking structure.
[3] 
Any above grade part of a parking structure visible from a public right-of-way should be effectively screened with dense plantings, berms, and other landscape elements.
[4] 
Architectural elements should be incorporated to ensure structure design compatibility with principal structures.
[5] 
Such structures should not intrude into any required setbacks, with the exception of interior yards that do not abut any public right-of-way.
[6] 
In cases where structures meet these standards, the reviewing Board may exempt the parking provided in this manner from the district's surface parking cap and overall parking cap.
(e) 
Maximum impervious surface.
[1] 
Not more than 17.5% of the tract shall be developed with buildings, parking areas, walks, roads or other materials, including detention/retention basins less porous than presently existing.
[2] 
For purposes of calculating impervious coverage only, subsurface garages with a minimum average soil depth of at least 1.5 feet shall not count toward the calculation of impervious coverage; however, it should be noted that they may be considered impervious for purposes of stormwater management.
[3] 
The Planning Board may consider an increase in the maximum impervious coverage, from 17.5 to 20%, provided that there is no net increase in runoff volume and that low-impact development techniques are incorporated to provide enhanced water quality and groundwater recharge.
(f) 
Open space organization. Open space shall be deeded to a corporation, association or other legal entity consisting of one or more of the property owners within the PCD-O for their use, control, management and maintenance. Any agreement providing for such ownership shall be reviewed and approved by the Borough Attorney to ensure that adequate safeguards are included guaranteeing the continuance of the agreement in perpetuity and protecting the Borough from harm. In any event, the agreement shall give the Borough the right to perform maintenance and assess the cost to the property owners in the event that the property owners fail to maintain the property in accordance with the agreement. All provisions of N.J.S.A. 40:55D-43 of the Municipal Land Use Law shall govern the establishment of the open space organization.
(5) 
Additional standards for a hotel:
(a) 
A hotel in the PCD-O provides transient lodging accommodations to the general public, and contains up to 200 rooms/suites, and may include additional facilities and services, such as a full-service restaurant, meeting space/private function areas, and a fitness center/private club for use by hotel guests and the general public on a membership basis.
(b) 
One hotel may be permitted within the PCD-O District.
(c) 
At least one access driveway shall be provided directly from a public right-of-way, if approved by all governmental authorities with permitting authority.
(d) 
No more than one freestanding sign may be permitted for each public street frontage abutting a hotel with a maximum of two such signs in total. Each sign shall contain no more than 30 square feet and be no more than five feet in height. Such signs shall be externally illuminated and attractively landscaped along their base.
(e) 
All building signs for any hotel shall be limited to no more than a total of 45 square feet, and shall be externally illuminated.
E. 
Findings for PCD-O. Prior to the preliminary approval of a PCD-O, the Planning Board should find the following facts and conclusions:
(1) 
That departures by the proposed development from zoning regulations otherwise applicable to the subject property conform to the zoning article standards and objectives pursuant to this section.
(2) 
That the proposals for maintenance and conservation of open space and buffers are reliable, and the amount, location and purpose of the open space is adequate for the objectives set forth in this article.
(3) 
That provision through the physical design of the proposed development for public services, control over vehicular and pedestrian traffic and the amenities of light and air, recreation and visual enjoyment are adequate.
(4) 
That the proposed planned commercial development-office will not have an unreasonably adverse impact upon the area in which it is proposed to be established.
(5) 
In the case of a proposed development which contemplates construction over a period of years, that the terms and conditions intended to protect the interests of the public and of the occupants and owners of the proposed development in the total completion of the development are adequate.
(6) 
That the proposed development will promote the PCD-O objectives.
F. 
Infrastructure.
(1) 
The Planning Board should not grant site plan approval and/or should condition such approval upon finding that:
(a) 
The proposed stormwater management system is adequate to meet the expected stormwater flows.
(b) 
The proposed sanitary sewage collection and treatment system is adequate to meet the expected sanitary sewage demand.
(c) 
The proposed potable water system is adequate to meet expected water demands.
(d) 
The proposed solid waste management plan can adequately handle the proposed solid waste to be generated by the project.
(e) 
The roadways and intersections surrounding the zone and leading to and from the tract are capable of handling the expected traffic demands generated by the proposed development. In determining the capability of such roadways and intersections to handle the expected traffic demands to be generated by the proposed development, the Planning Board should endeavor to apply, whenever feasible and appropriate, "Level of Service C," as defined in ASHTO.
(f) 
The electric supply system is capable of handling the demand required by the proposed development.
(g) 
The proposed landscape management plan shall limit the use of pesticides and chemical fertilizers by following the principles and practices of integrated pest management.
(2) 
In determining whether the systems are adequate, the Planning Board should determine that the existing system and all proposed improvements needed and necessary to accommodate the proposed development are either in existence, being constructed, bonded or included under any developer's agreement between the developer and municipality or other agency responsible for the system.
(3) 
Where appropriate, the Planning Board should make submission of a developer's agreement to be approved by the Borough Council, posting of bonds or actual installation of improvements to ensure the adequacy of the systems a requirement for final approval.
(4) 
As part of the application for site plan approval, Planning Board may impose such reasonable and appropriate traffic controls and/or monitoring of traffic conditions, including staggering of work hours, staggering of ingress and egress or some use of mass transport or van pooling, to the extent and for such reasonable time periods as such controls may be required by the anticipated traffic to be generated by the proposed development during peak hours. However, where it appears that such controls or agreement involves a capital contribution of public funds for any road, intersection or other off-site improvements, then, to the extent of such expenditure or public funds, the approval of the Borough Council shall also be obtained.
(5) 
All developer's agreements required under this section shall be in recordable form.
A. 
Purpose. The purpose of this zone is to permit 100% affordable senior citizen housing for eligible households, consistent with §§ 195-47 and 195-48.
[Added 9-14-2020 by Ord. No. 26-2020]
B. 
Principal permitted uses.
(1) 
One-hundred-percent-affordable senior citizen housing.
[Amended 9-14-2020 by Ord. No. 26-2020]
C. 
Accessory uses.
(1) 
Uses which are customarily incidental and accessory to the principal use as permitted herein.
D. 
Supplementary requirements.
(1) 
Parking.
(a) 
Minimum parking requirements: 1/2 space for each dwelling unit.
(b) 
Parking may be located in any required front, side, or rear yard.
(2) 
Minimum apartment sizes.
(a) 
One-bedroom dwelling unit: 540 square feet.
(b) 
Two-bedroom dwelling unit: 740 square feet.
(3) 
Storage requirement: minimum of 150 cubic feet of storage per dwelling unit.
(4) 
Maximum density: 19 dwelling units per acre.
A. 
Purpose. This zone is intended to acknowledge and preserve the existing open space/parks and government-related uses throughout the Borough.
B. 
Principal permitted uses.
(1) 
Borough parking lots.
(2) 
Municipally-owned or operated buildings.
(3) 
Train stations.
(4) 
Rescue squad facilities.
(5) 
Senior citizen centers.
(6) 
Major public open space lands and recreation areas.
(7) 
Libraries.
(8) 
Schools.
C. 
Accessory uses.
(1) 
Uses which are customarily incidental and accessory to the principal uses as permitted herein.
D. 
Conditional uses.
(1) 
Assisted-living residences.
(2) 
Long-term care facilities.
(3) 
Commercial uses.
(4) 
Restaurants without drive-through.
A. 
Purpose. The purpose of this zone is to ensure the preservation of the existing golf course in the Borough.
B. 
Principal permitted uses.
(1) 
Golf course and clubhouse.
C. 
Accessory Uses.
(1) 
Existing accessory structures limited to maintenance building and barn cart.
A. 
Purpose. The purpose of this zone is to permit scatter site one-hundred-percent-affordable housing for eligible households, consistent with §§ 195-47 and 195-48.
[Amended 9-14-2020 by Ord. No. 26-2020]
B. 
Principal permitted uses.
(1) 
One-hundred-percent-affordable housing development occupied by households meeting the eligibility criteria of §§ 195-47 and 195-48.
[Amended 9-14-2020 by Ord. No. 26-2020]
C. 
Supplementary requirements.
(1) 
The maximum number of housing units permitted shall be 12 units.
(2) 
The minimum parking requirements are two per unit.
(3) 
The maximum height shall be two and one-half stories in 35 feet.
(4) 
Setback: 50 feet from tract boundary.
(5) 
Minimum common open space: 30%.
(6) 
Maximum impervious ground coverage: 50%.
(7) 
Concrete patios and privacy fences in side and rear yards are permitted.
(8) 
Window wall to window wall distance of 25 feet.
[Added 4-28-2008 by Ord. No. 20-2008]
A. 
Purpose. The purpose of this zone is to provide reasonable opportunities for inclusionary multifamily housing and commercial uses, through development standards for properties strategically located at the eastern gateway entrance to the Borough of Madison. The uses permitted are those that complement and are supportive of existing commercial uses in the remaining CC Community Commercial Zone and are compatible with abutting residential uses. The standards of this zone are intended to encourage superior building aesthetics and streetscape enhancement at a scale appropriate to this unique area and the Borough.
[Amended 9-14-2020 by Ord. No. 26-2020]
B. 
Principal permitted uses:
[Amended 9-14-2020 by Ord. No. 26-2020]
(1) 
Multifamily inclusionary development.
(2) 
Business, medical, professional, executive or administrative offices in existence at the time of adoption of this ordinance;[1] and
[1]
Editor's Note: "This ordinance" refers to Ord. No. 26-2020, adopted 9-14-2020.
(3) 
Institutional and public uses.
C. 
Accessory uses:
(1) 
Uses that are customarily incidental and accessory to the principal use.
D. 
Gateway I area, height and bulk requirements.
(1) 
Area minimum: 50,000 square feet.
(2) 
Maximum height:
(a) 
Two and one-half stories or 35 feet for lots under 80,000 square feet.
(b) 
Three stories or 38 feet for lots greater than 80,000 square feet.
(3) 
Setbacks:
(a) 
For buildings 2 1/2 stories or less or under 35 feet in height:
[1] 
Front yard: 40 feet.
[2] 
Side yard: 15 feet.
[3] 
Rear yard: 25 feet.
(b) 
For buildings in excess of 2 1/2 stories or 35 feet in height:
[1] 
Front yard: 40 feet.
[2] 
Rear and side yard: 25 feet.
(4) 
(Reserved)[2]
[2]
Editor's Note: Former Subsection D(4), regarding maximum impervious coverage for age-restricted and senior citizen multifamily dwellings, was repealed 9-14-2020 by Ord. No. 26-2020.
(5) 
Minimum number of buildings per tract or lot:
(a) 
For lots greater than 80,000 square feet: two.
(b) 
For lots greater than 110,000 square feet: three.
(6) 
Maximum impervious cover for multifamily dwellings: 65%.
[Amended 9-14-2020 by Ord. No. 26-2020]
(7) 
Maximum dwelling units per acre for age-restricted and senior multifamily dwellings: 20 units per acre.
[Amended 9-14-2020 by Ord. No. 26-2020]
(8) 
Facade length-to-frontage ratio: the aggregate length of all building facades fronting a street shall not exceed 0.55 of the frontage width at the street right-of-way.[3]
[3]
Editor's Note: Former Subsection D(8), regarding age-restricted and senior citizen multifamily off-street parking, was repealed 9-14-2020 by Ord. No. 26-2020. This ordinance also renumbered former Subsection D(9) as Subsection D(8).
E. 
Gateway II area, height and bulk requirements.
(1) 
Area minimum: 120,000 square feet.
(2) 
Maximum height:
(a) 
Two and one-half stories or 35 feet for lots under 130,000 square feet.
(b) 
Three stories or 38 feet for lots greater than 130,000 square feet.
(3) 
Setbacks:
(a) 
For buildings 2 1/2 stories or less or under 35 feet in height:
[1] 
Front yard: 40 feet.
[2] 
Side yard: 25 feet.
[3] 
Rear yard: 25 feet.
(b) 
For buildings in excess of 2 1/2 stories or 35 feet:
[1] 
Front yard: 40 feet.
[2] 
Rear and side yard: 25 feet.
(4) 
Maximum impervious coverage for multifamily dwellings: 65%.
[Amended 9-14-2020 by Ord. No. 26-2020]
(5) 
Minimum number of buildings per tract or lot:
(a) 
For lots under 130,000 square feet: 3.
(b) 
For lots greater than 130,000 square feet: 4.
(6) 
Maximum impervious cover for multifamily dwellings: 65%.
[Amended 9-14-2020 by Ord. No. 26-2020]
(7) 
Maximum dwelling units per acre for age-restricted and senior citizen multifamily dwellings: 20 units per acre.
[Amended 9-14-2020 by Ord. No. 26-2020]
(8) 
Facade length-to-frontage ratio: The aggregate length of building facades fronting a street shall not exceed 0.55 of the frontage width at the street right-of-way.[4]
[4]
Editor's Note: Former Subsection D(8), regarding age-restricted and senior citizen multifamily off-street parking, was repealed 9-14-2020 by Ord. No. 26-2020. This ordinance also renumbered former Subsection D(9) as Subsection D(8).
F. 
Business, medical, professional, executive or administrative offices, institutional and public uses are governed by the following regulations and requirements:
(1) 
Minimum area: 30,000 square feet.
(2) 
Maximum height: 2 1/2 stories, 35 feet.
(3) 
Setbacks:
(a) 
Front yard: 30 feet.
(b) 
Side yard: 25 feet.
(c) 
Rear yard: 25 feet.
(4) 
Maximum impervious coverage: 70%.
(5) 
Maximum FAR: 0.35.
G. 
The Zoning Map is amended to remove the following block and lots from the CC Community Commercial Zone and place them in the Gateway I and Gateway II Zones as follows:
(1) 
Gateway I: Block 5202, Lots 1. 5, 6, 7, 7.01, 8 and 19.
(2) 
Gateway II: Block 2302, Lots 1,2, 3, 22, 23.
H. 
Supplemental requirements; design standards for gateway uses.
(1) 
Parking.
(a) 
No parking shall be permitted in the required front yard, nor between any parts of the building facade and the street right-of-way line.
(b) 
Parking areas shall be screened from view of adjacent residential zones, existing residential uses and public roads by landscaping, fencing or a combination of these to create a buffer at least four feet in height. Landscaping shall contain a mix of deciduous and evergreen plantings sufficient to screen the view of vehicles in all seasons.
(c) 
Parking areas located beneath a building shall be fully screened from public view by a mix of deciduous and evergreen plantings and be physically enclosed from view by extension of the front facade of the building to shield all such parking.
(d) 
Parking areas should provide safe access to and from the vehicle for the driver and passengers.
(e) 
Access to parking beneath a building shall be by an elevator.
(2) 
Landscaping.
(a) 
An eight-foot landscaped buffer shall be required along each side yard, and a fifteen-foot landscaped buffer shall be required along the rear property line. All pervious areas in the required front yard and/or between the front building facade and the street right-of-way shall be fully planted and maintained in lawn area or ground cover or landscaped with a mix of deciduous and evergreen shrubbery and trees. The landscape plan shall be prepared by a licensed landscape architect.
[Amended 9-14-2020 by Ord. No. 26-2020]
(3) 
Vehicular access. Vehicular access to Main Street is limited to one ingress-egress point.
(4) 
Building arrangement and design:
(a) 
When development consists of multiple structures, buildings should be oriented around open space, courtyard or similar landscape amenity.
(b) 
The selection of building design elements, such as materials, fenestration, color and texture, should be compatible with that in the Borough and neighborhood.
(c) 
Streetscape design should include landscaping, street trees, pedestrian-scale streetlights, and similar features appropriate to a gateway location.
(d) 
Site lighting should be harmonious with the building style and design.
(e) 
The top third story, if any, shall be set back at least six feet, at all facades facing a property line, a distance from the second floor roof eave equal to its height above the second floor roof surface.
(f) 
All building facades shall be treated as front facades.
(5) 
Development shall implement § 195-24, General design standards, and § 195-25, Specific design standards, of the Borough Land Development Ordinance.
(6) 
Applicants for development in the Gateway Zones are encouraged to pursue creative design, LEED certifications and visual and aesthetic excellence.
(7) 
Applicants for development in the Gateway Zones shall submit a concept plan for Planning Board review prior to an application.
(8) 
All residential units, with the exception of one-hundred-percent-affordable housing developments, shall conform to the following minimum floor area requirements:
[Added 5-10-2010 by Ord. No. 17-2010; amended 9-14-2020 by Ord. No. 26-2020]
(a) 
Studio/efficiency: 500 square feet.
(b) 
One bedroom: 650 square feet.
(c) 
Two bedrooms: 800 square feet.
(d) 
Three bedrooms: 1,000 square feet.
[Added 4-13-2009 by Ord. No. 11-2009]
A. 
Purpose. The purpose of this zone is to provide a range of housing opportunities and appropriate development standards for properties strategically located at the edge of the Central Business District and adjacent to multifamily development. The uses permitted are those that complement and are supportive of the downtown commercial core, are compatible with abutting residential uses, and reflect the area's accessibility to mass transit, public services and major roadways. The standards of this zone are intended to encourage superior building aesthetics, sustainable building practices, adaptive reuse of historic resources, and streetscape enhancement at a scale appropriate to this area and the Borough.
B. 
Principal permitted uses.
(1) 
Single-family detached dwellings in accordance with the standards of the R-4 Zone.
(2) 
Two-family dwellings, in accordance with the standards of the R-4 Zone.
(3) 
Attached single-family dwellings/townhouses and apartments, whether attached to one another horizontally, vertically, or by some combination of the two.
C. 
Accessory uses.
(1) 
Uses that are customarily incidental and accessory to the principal use.
D. 
Area, height and bulk requirements.
(1) 
Minimum lot area: 65,000 square feet.
(2) 
Maximum height/stories.
(a) 
Three stories/35 feet along Ridgedale Avenue frontage as measured from the top of the curb of Ridgedale Avenue to the highest point of the roof surface exclusive of chimneys and mechanical penthouses.
(b) 
For buildings located on Ridgedale Avenue that have the majority of their frontage on Ridgedale Avenue and extend along the Cook Avenue frontage, the height of the building along Cook Avenue for the first 70 feet of linear building frontage (measured from the Ridgedale Avenue front yard setback line) may exceed 35 feet up to a maximum of 40 feet, as measured from the top of the curb of Cook Avenue to the highest point of the roof surface, only to allow for a section of continuous roofline and enclosed parking level; otherwise, the height of any buildings fronting Cook Avenue shall be as noted in Subsection D(2)(c) below.
(c) 
Three stories/35 feet along Cook Avenue frontage as measured from the top of the curb of Cook Avenue to the highest point of the roof surface exclusive of chimneys and mechanical penthouses.
(d) 
An overall maximum building height in the zoning district of three stories/35 feet, measured as the average vertical distance from grade to the level of the highest point of the roof surface (exclusive of chimneys and mechanical penthouses which cannot exceed five feet). The reference grade plane for computing height shall be established by the lowest points within the area between the structure and the property line as determined by perpendicular offset from the structure wall, or, where the property line is more than 10 perpendicular feet from the structure, the lowest points between the structure and within 10 feet, or, where a public road exists within 50 feet of the structure, the top of the curb of the public road shall be used. Ground levels are to be averaged at no more than sixty-foot intervals and shall include all building corners.
(e) 
Enclosed parking shall not count as a story if the exposure of the parking level at the setback line of any public street is less than 3.5 feet as measured from the proposed or existing grade to the underside of the structure of the floor above.
(3) 
Minimum setbacks for principal buildings.
(a) 
Front yard: minimum of 18 feet along Cook Avenue and minimum of 25 feet along Ridgedale Avenue.
(b) 
Side yard: 25 feet minimum.
(c) 
Rear yard: 25 feet minimum.
(d) 
Building separation: 20 feet minimum.
(4) 
Setbacks for accessory buildings: 15 feet to any side or rear yard; no accessory buildings allowed in any front yard.
(5) 
Maximum impervious coverage: 55%.
(6) 
Minimum number of buildings per tract or lot: two buildings (exclusive of accessory structures); for lots greater than 85,000 square feet there shall be a minimum of three buildings exclusive of accessory structures.
(7) 
Maximum building coverage: 30%.
(8) 
Maximum dwelling units per acre: 12 units per acre base density, with bonuses as follows:
(a) 
Incorporation of green building/design techniques to achieve at least a Silver level LEED-certified project: bonus of 10% over base density. (NOTE: The applicant shall demonstrate the ability to achieve this standard prior to receiving preliminary approval and shall commit to providing those systems, site improvements and design features consistent with Silver LEED certification.)
(b) 
Preservation, rehabilitation, and occupancy of one or more historically significant structures within a designated historic district on the site: bonus of 10% over base density and cannot be combined with Subsection D(8)(c) below.
(c) 
Preservation and incorporation of one or more historic facades into proposed development: bonus of 5% over base density and cannot be combined with Subsection D(8)(b) above.
(d) 
Maximum cumulative density bonuses shall not exceed 20% over base density of 12 units per acre.
(9) 
Off-street parking shall be as set forth in the RSIS; however, the Board should encourage a waiver be requested from these standards due to the location of any parcel within the zone relative to available downtown parking resources and other opportunities for shared parking.
(10) 
Facade length to frontage ratio: The aggregate length of all building facades fronting a street shall not exceed 0.80 of the frontage width at the street right-of-way.
E. 
The Zoning Map[1] is amended to remove the following block and lots from the R-4 District and place them in the R-5A Zone as follows:
(1) 
R-5A Zone: Block 1601, Lots 24, 25, 26, 27, 28, 29, 30, 31 and 32.
[1]
Editor's Note: The Zoning Map is on file in the office of the Borough Clerk.
F. 
Supplemental requirements and design standards:
(1) 
Parking.
(a) 
At least 75% of the off-street parking shall be contained within the principal structures. No parking garages shall be permitted in the required front yard, nor between any parts of the building facade and the street right-of-way line. No garage shall face a public street.
(b) 
An area for bicycle storage shall be provided within all parking garages or designated storage areas.
(2) 
Landscaping and fencing.
(a) 
A minimum ten-foot landscaped buffer shall be required along each side yard and along the rear property line. All pervious areas in the required front yard and/or between the front building facade and the street right-of-way shall be fully planted and maintained in a combination of lawn area or ground cover with a mix of native deciduous and evergreen shrubbery and trees. The landscape plan shall be prepared by a licensed landscape architect and reviewed by the Madison Shade Tree Management Board.
(b) 
Parking areas, solid waste storage areas, sheds and all other accessory structures shall be screened from view of adjacent residential zones, existing residential uses and public roads by landscaping, fencing or a combination of these to create a buffer of at least six feet in height. Landscaping shall contain a mix of deciduous and evergreen plantings sufficient to screen the view of vehicles in all seasons.
(c) 
No fences or gates across access drives shall be permitted in the front yard setback. Fencing along the perimeter of rear and side yards shall not exceed six feet in height. No chain link fencing shall be permitted.
(3) 
Vehicular access.
(a) 
Vehicular access is limited to one ingress-egress point along Cook Avenue which shall be at least 125 feet from the Ridgedale Avenue intersection.
(b) 
Curb cuts, circulation, and parking areas shall be located at least five feet from the property line and shall be located only in side and rear yards.
(4) 
Building arrangement and design.
(a) 
When development consists of multiple structures, buildings shall be oriented around open space, courtyard or similar landscape amenity with the overall design preserving existing trees and vegetation to the maximum extent possible.
(b) 
The selection of building design elements, such as materials, fenestration, color and texture, should be compatible with that in the Borough and neighborhood. Either clapboard siding or brick exterior shall be the primary material to echo adjacent streetscape elements.
(c) 
Streetscape design should include landscaping, street trees, pedestrian-scale streetlights, and similar features appropriate to the zone's context.
(d) 
Site lighting should be harmonious with the building style and design and shall use only downward-facing fixtures to minimize spillage and glare. Lighting intensities shall be the minimum required to adequately light the site and shall consider the proximity and nature of adjoining uses. See also § 195-25.6 for additional standards.
(e) 
All building facades shall be treated as front facades.
(f) 
All buildings are required to incorporate frequent vertical and horizontal articulation through slight variations in build-to lines along all public street frontages, incorporation of front entries and porches, variations in roof pitch, careful selection of materials, the use of windowed projections, and similar architectural treatments to improve the visual appearance of the buildings.
(g) 
Vertical articulations shall be provided at least every 30 feet along all public street frontages.
(5) 
Development shall implement § 195-24, General design standards, and § 195-25, Specific design standards, of the Borough Land Development Ordinance.
(6) 
Applicants for development in the R-5A Zone shall submit a concept plan and an existing conditions survey with elevation/slope information and existing vegetation for Planning Board review prior to making a site plan application.
(7) 
Given the zone's location in an historic district, photo simulations shall be provided showing the massing, scale, materials and finishes proposed for the project from various viewpoints in context with surrounding properties. These simulations shall be submitted at the time of the initial application for site plan approval.
(8) 
Given the zone's location in an area designated as an historic streetscape, all site plan applications shall undergo advisory review by the Madison Historic Preservation Commission. A member of the Madison HPC shall participate in TCC meetings and recommendations by the HPC shall be provided to the reviewing board throughout the review process.
(9) 
All proposals for development in this zone shall be required to prepare an environmental impact assessment in accordance with § 195-20F and a traffic impact statement in accordance with § 195-20G.
(10) 
Multifamily residential development, consisting of any building or structures with attached housing with three or more units, with the exception of units owned and/or operated by the Madison Housing Authority, shall conform with the following minimum floor area requirements:
[Added 5-10-2010 by Ord. No. 17-2010]
(a) 
Studio/efficiency: 575 square feet.
(b) 
One bedroom: 750 square feet.
(c) 
Two bedrooms: 950 square feet.
(d) 
Three bedrooms: 1,200 square feet.
G. 
Standards related to site design and layout, including but not limited to landscaping, stormwater management, lighting, parking, etc., outlined in other sections of Chapter 195, Land Development, shall apply. In the event of inconsistencies between standards elsewhere in Chapter 195 and in this section, the more restrictive standard shall apply.
[Added 12-13-2010 by Ord. No. 57-2010]
A. 
Purpose: to encourage development of the area, consistent with transit-oriented design and sustainable design principles, in a manner that is context sensitive and that strengthens the connection between this area of the Borough and the core of the downtown. Future development should balance site development opportunities and positive economic outcomes with impacts on surrounding properties. The standards of this zone are intended to encourage superior building aesthetics, sustainable site design and building practices and cohesive overall design to effectively address circulation, site access, parking and other shared infrastructure.
B. 
Sub-Zone I (See GVRSU District Map.).[1] Principal permitted uses:
(1) 
Townhouse development in accordance with the standards of the R-6 Zone.
(2) 
Multifamily development, whether attached to one another horizontally, vertically or by some combination of the two, in accordance with the standards of this section.
[1]
Editor's Note: The Green Village Road Special Use District Map is included at the end of this chapter.
C. 
Sub-Zone I. Permitted conditional uses:
(1) 
Boutique hotel, with the following conditions:
(a) 
Must be an extension of a boutique hotel primarily located in Sub-Zone II and shall be part of a comprehensively designed plan for a boutique hotel.
(b) 
Buildings shall not exceed the maximum height/stories under Subsection E(2)(a).
(c) 
No surface parking shall be located within 25 feet of any property line, with the exception of an interior lot line between Sub-Zones I and II which shall have no required setback.
D. 
Sub-Zone I. Accessory uses: uses that are customarily incidental and accessory to the principal use.
E. 
Sub-Zone I. Area, height and bulk requirements:
(1) 
Minimum lot area: 80,000 square feet.
(2) 
Maximum height/stories:
(a) 
Maximum building heights shall be governed by a combination of the sky exposure plane (as illustrated in Figure 1[2] and defined as the theoretical inclined plane connecting a point five feet above grade plane elevation at the top of the curb of the eastern side of Kings Road and traveling westward) and elevation based on the Topographic Map of the Borough of Madison, prepared by VEP Associates, dated April 13, 1993. Buildings shall not project above the sky exposure plane as noted in Figure 1 nor shall they exceed 323.5 feet in elevation, based on the Topographic Map of the Borough of Madison, prepared by VEP Associates, dated April 13, 1993. No building shall contain more than four stories, without incentives.
[2]
Editor's Note: Figure 1 is included at the end of this chapter.
(b) 
Up to one additional story of height may be permitted, but only as provided for through incentives in § 195-32.15D(8), provided that any fifth story shall not break the sky exposure plane by more than 10 feet, nor shall any part of any fifth story exceed 342 feet in elevation above sea level, based on the Topographic Map of the Borough of Madison, prepared by VEP Associates, dated April 13, 1993 and as illustrated below.[3]
[3]
Editor's Note: Figure 2 is included at the end of this chapter.
(c) 
Any story above the third story shall not occupy more than 80% of the building footprint of the floor below.
(d) 
Enclosed, fully or partially below grade parking shall not count as a story if the exposure of the parking level (exclusive of any entrance or exit) is less than four feet as measured from the proposed or existing grade to the underside of the structure of the floor above.
(3) 
Minimum setbacks for all buildings:
(a) 
Setback along westerly property line: 100 feet.
(b) 
Perimeter setback (all other yards): 25 feet.
(c) 
Building separation: 25 feet minimum if both structures are three stories or less; 35 feet if over three stories.
(d) 
Setback from Green Village Road: 175 feet.
(4) 
Setbacks for accessory buildings: 20 feet to any side or rear yard; no accessory buildings allowed in any front yard.
(5) 
Maximum impervious coverage: 50%.
(6) 
Minimum number of buildings per tract or lot: two buildings (exclusive of accessory structures).
(7) 
Maximum building coverage: 30%.
(8) 
Maximum density: 20 units per base acre with the option for the reviewing board to grant density/height bonuses based on the following, provided that the applicant meets at least two of the following standards:
(a) 
Incorporation of green building/design techniques to achieve at least a LEED certified project under the LEED-ND Program or provision of an engineered green roof occupying at least 50% of rooftop area or 6,000 square feet, whichever is greater: bonus of 20% density over base density and 1/2 story of additional height.
(b) 
Inclusion of an amenity or site design feature that clearly benefits the public and/or the environment to an extent reasonably related to the density incentive offered: up to 20% bonus.
(c) 
Provision of all parking below grade: bonus of 20% of the base density and 1/2 story of additional height.
(d) 
Maximum cumulative incentives shall not exceed 40% over the base density nor shall additional heights exceed one story.
(9) 
Off-street parking shall be as set forth in the RSIS; however, the Board should encourage a variance be requested from these standards due to the location of any parcel within the zone relative to available downtown parking resources and other opportunities for shared parking.
F. 
Sub-Zone II. Principal permitted uses:
(1) 
Permitted ground floor uses: retail sales and service, restaurants (non-drive-through), boutique hotel, performing arts venue, museum, theater, art galleries.
(a) 
Boutique hotel (the following definition to be placed in § 195-7): a facility offering transient lodging accommodations to the general public with up to 100 rooms and which may include additional facilities and services, such as restaurants, meeting rooms, and recreational facilities.
(2) 
In addition to the above, business, medical, administrative or professional offices shall be permitted on the ground floor as part of any rehabilitation/reuse of existing structures in place at time of adoption of this section.
(3) 
Permitted upper floor uses: commercial, office, apartments, live/work artist lofts, institutional/educational use not to exceed 15% of gross floor area, performing arts venue, boutique hotel, museum, theater, art galleries.
(a) 
Live/work loft (the following definition to be placed in § 195-7): combined living/work spaces for visual arts, including artist residences with studio space.
G. 
Sub-Zone II. Accessory uses: uses that are customarily incidental and accessory to the principal use.
H. 
Sub-Zone II. Area, height, bulk and parking requirements:
(1) 
Minimum lot area: 40,000 square feet.
(2) 
Minimum and maximum height/stories:
(a) 
Maximum height: three stories/35 feet along Kings Road measured from the top of curb to the highest part of the roof surface.
(b) 
Based on incentives specified in § 195-32.15H(6), the reviewing board may allow a partial or full fourth story (four stories/45 feet as measured from the top of the curb of Kings Road).
(c) 
Any story above the second story shall be set back an additional eight feet from Kings Road.
(d) 
Enclosed, below grade parking levels shall not count as a story if the exposure of the parking level at the street line (exclusive of any entrance or exit to the parking) is less than four feet as measured from the proposed or existing grade to the underside of the structure of the floor above.
(e) 
Minimum height shall be two stories along the Kings Road frontage.
(3) 
Minimum yards (setbacks):
(a) 
Minimum yards (setbacks) for all buildings shall conform to the requirements of the CBD District.
(b) 
Building separation: 20 feet minimum if structures are three stories or less; 30 feet if over three stories.
(4) 
Maximum impervious coverage: 85%.
(5) 
Minimum number of buildings per tract or lot: two buildings (exclusive of accessory structures).
(6) 
Incentives/height bonus: The reviewing board may grant height bonuses of up to one additional story of the building's footprint based on the following standards:
(a) 
Incorporation of green building/design techniques to achieve at least a LEED Silver-certified project or provision of an engineered green roof occupying at least 50% of rooftop area or 6,000 square feet, whichever is greater: bonus of 1/2 story (i.e., a full story that occupies half of the building footprint) of additional height.
(b) 
Provision of a public plaza (park) that is accessible via a pedestrian path from Kings Road and encompasses at least 15,000 square feet: bonus of 1/2 story of additional height (i.e., a full story that occupies half of the building footprint).
(c) 
Provision of a community theater/performance space that accommodates at least 150 people on the site: bonus of 1/2 story of additional height.
(d) 
Provision of at least 75% of the required parking below grade and/or in a structure that is wrapped along public street frontages with permitted ground floor uses: bonus of 1/2 story of additional height.
(e) 
Maximum cumulative incentives shall not exceed one full story with total building height of no more than four stories/50 feet (and corresponding square footage for one additional story based on the building's footprint).
(7) 
Off-street parking shall be as set forth in the RSIS for residential uses; for nonresidential uses, the parking requirements of the CBD shall apply; however, the Board should encourage a waiver be requested from these standards due to the location of any parcel within the zone relative to available downtown parking resources and other opportunities for shared parking.
I. 
The Zoning Map is amended as follows:[4]
(1) 
GVRSU Zone I: Part of Block 3001, Lot 8. (See attached map.)
(2) 
GVRSU Zone II: Block 3001, Lot 7 and the remainder of Lot 8. (See attached map.).
[4]
Editor's Note: See the Green Village Road Special Use District Map, included at the end of this chapter.
J. 
Supplemental requirements and design standards for Sub-Zone I.
(1) 
Parking.
(a) 
At least 75% of the off-street parking shall be contained within the principal structures. No parking garages shall be permitted in the required front yard, nor face a public street. No single-story accessory garages shall be permitted.
(b) 
Areas for bicycle storage shall be provided within all parking garages or designated storage areas, as well as in any public plaza or along the primary internal access drive serving the site.
(2) 
Landscaping and fencing.
(a) 
A minimum twenty-five-foot landscaped buffer shall be required along the western property line, and a ten-foot planted buffer shall be required around the balance of the perimeter of the site. All pervious areas in the required front yard and/or between the building facade and the property line or any internal circulation road shall be fully planted and maintained in a combination of lawn area or ground cover with a mix of native deciduous and evergreen shrubbery and trees. The landscape plan shall be prepared by a licensed landscape architect and reviewed by the Madison Shade Tree Management Board.
(b) 
Parking areas, solid waste storage areas, sheds and all other accessory structures shall be screened from view of adjacent residential zones, existing residential uses and public roads by landscaping, fencing or a combination of these to create a buffer of at least six feet in height. Landscaping shall contain a mix of deciduous and evergreen plantings sufficient to screen the view of vehicles in all seasons.
(c) 
No fences or gates across access drives shall be permitted. Fencing along the perimeter of rear and side yards shall not exceed six feet in height. No chain link fencing shall be permitted.
(3) 
Vehicular access.
(a) 
Curb cuts, circulation and parking areas shall be located at least 50 feet from the westerly property line and a minimum of 10 feet from all other property lines.
(4) 
Building arrangement and design.
(a) 
When development consists of multiple structures, buildings shall be oriented around open space, courtyard or similar landscape amenity with the overall design preserving existing trees, vegetation and grades to the maximum extent possible.
(b) 
The selection of building design elements, such as materials, fenestration, color and texture, should be compatible with that in the Borough and neighborhood. Clapboard siding, cedar shingles, hardie plank, stone or brick shall be the primary exterior material.
(c) 
Internal circulation should provide pedestrian access interior to the site connecting through Sub-Zone II to Kings Road and the CBD. Design of this pedestrian accessway should include landscaping, street trees, pedestrian-scale street lights and similar features appropriate to the zone's context.
(d) 
Site lighting should be harmonious with the building style and design and shall use only downward-facing fixtures to minimize spillage and glare. Lighting intensities shall be the minimum required to adequately light the site and shall consider the proximity and nature of adjoining uses. See also § 195-25.6 for additional standards.
(e) 
All building facades shall be treated as front facades.
(f) 
All buildings are required to incorporate frequent vertical and horizontal articulation through slight variations in build-to lines along, incorporation of front entries and porches, variations in roof pitch, careful selection of materials, the use of windowed projections and similar architectural treatments to improve the visual appearance of the buildings.
(g) 
Vertical articulations shall be provided at least every 30 feet along all facades that exceed 60 feet in length or width.
(5) 
Development shall implement § 195-24, General design standards, and § 195-25, Specific design standards, of the Borough Land Development Ordinance.
(6) 
Affordable housing requirement: Provisions shall be made to meet the required affordable housing obligation of at least 10% low and moderate-income housing or as required by COAH/state statute either on site, off site or through a payment in lieu addressed in a developer's agreement.
(7) 
Applicants for development in the GVRSU Zone shall submit a concept plan and an existing conditions survey with elevation/slope information and existing vegetation both on site and within 50 feet of the property boundary for Planning Board review prior to making a site plan application.
(8) 
Photo simulations shall be provided showing the massing, scale, materials and finishes proposed for the project from various viewpoints in context with surrounding properties. These simulations shall be submitted at the time of the initial application for site plan approval.
(9) 
All proposals for development in this zone shall be required to prepare an environmental impact assessment in accordance with § 195-20F and a traffic impact statement in accordance with § 195-20G.
K. 
Supplemental requirements and design standards for Sub-Zone II.
(1) 
See guidelines for development in § 195-24.2E, entitled guidelines for development in the GVRSU District, which shall apply to development in Sub-Zone II.
(2) 
An area for bicycle storage shall be provided within all parking garages or designated storage areas, as well as in any public plazas and along the public street frontage.
(3) 
No fences or gates across access drives shall be permitted. Fencing along the perimeter of rear and side yards shall not exceed six feet in height. No chain-link fencing shall be permitted.
(4) 
Vehicular access is limited to two points of access along Kings Road that minimize traffic conflicts.
(5) 
Internal circulation should provide pedestrian access interior to the site connecting through Sub-Zone I. Design of this pedestrian accessway should include landscaping, street trees, pedestrian-scale street lights and similar features appropriate to the zone's context.
(6) 
Affordable housing requirement. Provisions shall be made to meet the required affordable housing obligation of at least 10% low- and moderate-income housing or as required by COAH/state statute either on-site, off-site or through a payment in lieu addressed in a developer's agreement.
(7) 
Applicants for development in the GVRSU Zone shall submit a concept plan and an existing conditions survey with elevation/slope information and existing vegetation both on site and within 50 feet of the property boundary for Planning Board review prior to making a site plan application.
(8) 
Photo simulations shall be provided showing the massing, scale, materials and finishes proposed for the project from various viewpoints in context with surrounding properties. These simulations shall be submitted at the time of the initial application for site plan approval.
(9) 
All proposals for development in this zone shall be required to prepare an environmental impact assessment in accordance with § 195-20F and a traffic impact statement in accordance with § 195-20G.
(10) 
A master signage plan shall be submitted as part of the site plan review process, and signage requirements for the CBD-1 Zone shall apply.
L. 
Standards related to site design and layout, including, but not limited to, landscaping, stormwater management, lighting, parking, etc., outlined in other sections of Chapter 195, Land Development, shall apply. In the event of inconsistencies between standards elsewhere in Chapter 195 and in this section, the more restrictive standard shall apply.
[Added 9-14-2020 by Ord. No. 26-2020]
A. 
Purpose: permit multifamily inclusionary residential development, including the construction of new units along Main Street/Route 124, to address part of the Borough's affordable housing obligation through the addition of affordable housing units in both new and existing residential buildings.
B. 
Principal permitted uses: multiple-family dwellings; garden apartments.
C. 
Permitted accessory uses: uses that are customarily incidental and accessory to the principal use as permitted herein.
D. 
Development standards:
(1) 
Maximum units: A maximum of 40 additional units are permitted with a minimum inclusionary requirement equivalent to 25% of the total new units. This 25% requirement shall be met by the inclusion of affordable units in any new development, with at least two affordable, three-bedroom units included in any new residential building. The remainder of the required affordable units may be located in either new or existing buildings on the site/parcel. The affordable units shall comply with the requirements, including phasing requirements, in § 195-47. If the developer chooses to deed restrict units in an existing building as affordable, it shall be required to obtain a continuing certificate of occupancy or a certified statement from the Construction Official stating that the affordable units meet all code standards.
(2) 
Maximum height (new buildings): Any new building shall be no more than three stories/40 feet exposed facade height (from grade to top of parapet) along Main Street and no more than four stories/50 feet (from grade to top of parapet) in all other locations to allow for incorporation of structured parking afforded by the grade change on the site.
(3) 
Maximum height (buildings in place prior to adoption of this amendment[1]): 2.5 stories/35 feet.
[1]
Editor's Note: "This amendment" refers to Ord. No. 26-2020, adopted 9-14-2020.
(4) 
Minimum lot width: 200 feet.
(5) 
Minimum lot depth: 500 feet.
(6) 
Minimum lot area: 120,000 square feet.
(7) 
Maximum impervious coverage: 80%.
(8) 
Maximum total residential units: 104 units.
(9) 
Minimum setbacks: at least one foot for every two feet of building height along Main Street and minimum thirty-five-foot setbacks from side property lines.
E. 
Supplemental standards for new buildings:
(1) 
At least half of all required parking shall be located within structures.
(2) 
No off-street parking shall be permitted between any building and any public street.
(3) 
Accessory structures shall be in architectural harmony with principal structures.
(4) 
There shall be minimum four-foot building offsets every 40 linear feet of any principal structure.
(5) 
Landscaped buffers of at least 10 feet in width shall be planted along Main Street and along the sides of any new building, including a combination of native shade trees, shrubs and foundation plantings.
[Added 9-14-2020 by Ord. No. 26-2020]
A. 
Permitted uses: inclusionary development in attached single-family homes, townhouses, two-family homes, garden apartments and patio homes.
B. 
Development standards:
(1) 
Maximum units per structure: six.
(2) 
Maximum height: 2.5 stories/35 feet.
(3) 
Minimum lot width: 150 feet.
(4) 
Minimum lot depth: 300 feet.
(5) 
Minimum lot area: 80,000 square feet.
(6) 
Maximum principal building coverage: 40%.
(7) 
Maximum impervious coverage: 60%.
(8) 
Maximum density: 12 units/acre.
(9) 
Minimum setbacks: 30 feet from any public street and all property lines.
C. 
Supplemental standards:
(1) 
Minimum distance between buildings: 20 feet.
(2) 
No off-street parking shall be permitted in any front yard or between any building and any public street.
(3) 
Accessory structures shall be in architectural harmony with principal structures.
(4) 
No dwelling units shall be located in any basement or cellar.
(5) 
There shall be minimum four-foot building offsets every 30 linear feet of any principal structure that abuts any public street.
A. 
General. The Planning Board shall not approve a conditional use unless it finds that the use meets all the requirements of this chapter, does not substantially impair the use and enjoyment of surrounding properties and does not substantially impair the character of the surrounding area and does not have any adverse effect on surrounding properties.
B. 
Requirements for specific uses.
(1) 
Home occupations shall be permitted as accessory uses in all residential zones and shall require site plan approval of the Planning Board if the following standards are satisfied:
(a) 
The practitioner must be the owner or lessee of the residence in which the home occupation is contained.
(b) 
Said practitioner must reside in the home.
(c) 
Said practitioner shall not engage the services of more than two office employees. Use of the office by groups of other persons shall not be permitted.
(d) 
The home occupation shall not occupy more than 50% of the total area of the floor where located, excluding space used for a private garage or 900 square feet, whichever is smaller.
(e) 
No client shall, in such relationship, remain on the premises overnight.
(f) 
Adequate parking spaces shall be provided in accordance with the parking standards of this chapter so that no parking related to the home occupation shall occur on the street.
(g) 
The residential character of the neighborhood and the premises shall not be subordinated to the home occupation use.
(h) 
No equipment or process shall be used in such home occupation which creates noise, glare, fumes, odors, electrical interference, medical waste or other nuisance factors detectable to the normal senses or to radio, telephone or television equipment off the lot.
(i) 
No retail sales shall be conducted on the site.
(2) 
Public garages; gasoline service stations. No building, structure or premises shall be used as a public garage or gasoline service station unless in conformance with the following conditions:
(a) 
Such use shall have a street frontage of at least 100 feet and an average depth of at least 150 feet.
(b) 
The walls of any building or structure, other than gasoline or oil filling devices, shall be set back at least seven feet from every adjoining property line and at least 25 feet from any street right-of-way line, unless the public garage or gasoline service station abuts a residential zone, then the minimum side or front yard setback for the residential zone shall apply.
(c) 
The entrance and exit driveway or driveways to and from any public garage or gasoline service station shall be at least 18 feet wide but not more than 25 feet wide, located at least 10 feet from any adjoining property line and at least 20 feet from the corner of any intersecting public streets. Driveways shall be designed so that exiting vehicles do not have to back out onto any public sidewalk, street or right-of-way.
(d) 
A curbed landscaped area, at least five feet wide, shall be installed and maintained and shall extend across the front and any other street line abutting the public sidewalk, and no sign or other object or device shall be parked or placed thereupon. A landscaped buffer of at least five feet shall be required along all sides and property lines.
(e) 
All services or repairs to or for motor vehicles shall be conducted within the confines of a building, except the sale and supply of oil and gasoline and the filling of tires and batteries and other services customarily incidental to the sale of gasoline, oil and automobile supplies and accessories.
(f) 
In any public garage or gasoline service station, storage facilities for gasoline, oil or other flammable materials in bulk over 55 gallons shall be located wholly underground unless otherwise required by law. No gasoline pump shall be located or permitted within any enclosed or semi-enclosed building.
(g) 
Every gasoline or oil filling device shall be located at least 15 feet from any street right-of-way line. Side and rear line setbacks of at least 10 feet are required when adjoining a nonresidential use and at least 20 feet when adjoining a residential use or zone.
(h) 
At any public garage or gasoline service station where motor vehicles to be repaired will remain more than 24 hours, a solid fence, at least six feet in height, made of a composition which will effectively screen the property, shall be placed to effectively screen views from the street.
(i) 
Notwithstanding anything to the contrary contained in this subsection, no motor vehicles or automobiles so in need of repair as not to be readily operable under their own power or which require substantial repair or which are not licensed or which cannot reasonably be used for transportation shall be permitted on any lot containing or used in connection with a gasoline service station for more than 30 days from the date when such motor vehicle was first parked, left standing or otherwise placed upon said property.
(j) 
The following uses shall not be permitted as accessory uses associated with a public garage or gasoline service station:
[1] 
Car washes.
[2] 
Convenience retail stores.
[3] 
Motor vehicles sales and display.
(k) 
Gas station sign requirements.
[Added 4-22-2013 by Ord. No. 9-2013]
[1] 
Freestanding signs shall be limited to one sign with both station identification and price information. Such sign shall not exceed a maximum height of 15 feet, or a maximum width of six feet, and shall have a minimum setback of 10 feet for all new signs. The station identification (brand) placard on the sign shall have a maximum area of 16 square feet. In addition, the freestanding sign shall also be permitted to contain up to four price points for various grades of motor fuel based on the following standards: a maximum of two square feet of LED area allowed per price point for pricing and a maximum of 4.25 square feet of non-LED sign area for lettering corresponding to each grade of motor fuel advertised.
[2] 
Wall signs: one nonilluminated building sign is permitted per bay or entrance door with a maximum area of six square feet per sign and no more than two total such signs.
[3] 
Canopy signs: shall be limited to 20% of the facade area with one sign permitted per facade and no more than two canopy facades with such signage.
[4] 
LED gasoline price signs are prohibited in or adjacent to any historic district.
[5] 
LED gasoline price signs located on lots adjacent to any single-family or two-family residential district shall be turned off after 10:00 p.m.
[6] 
LED gasoline price signs shall not blink, actively move, flash, nor be combined with video and audio enhanced components.
[7] 
LED gasoline price point signs shall be limited to no more than two colors per establishment, in accordance with industry standards, to distinguish between grades of motor fuel.
[8] 
Gasoline station signage for all pricing and lettering shall not exceed 12 inches in height.
[9] 
Any brightness or glare associated with LED gasoline price point signs shall not impair the vision of drivers, nor contribute to driver distraction, nor interfere with the effectiveness of an official traffic sign, device, or signal.
[10] 
LED price point signs shall have a dimmer control a photocell, capable of being dimmed in accordance with ambient lighting conditions. Any "nit" levels that are factory set for daytime and nighttime settings should be the minimum levels required for visibility and clarity, and to minimize glare, given site and ambient lighting conditions.
[11] 
The difference between ambient lighting conditions with and without any proposed LED signs shall not exceed 0.3 footcandle at night at a distance calculated by taking the square root of the area of LED price points (in square feet) times 100. All measurements taken to determine the difference in illumination shall be taken perpendicular to the face of the LED price points.
(3) 
Institutional uses or structures. Institutional uses, buildings and structures, as defined in this chapter, exclusive of long-term care facilities or vacant lands used for the purpose of such institutions, may be located, when approved as conditional uses, in any zone subject to the following:
(a) 
The property on which the structure or building is to be constructed or the activities conducted must contain a minimum of one acre.
(b) 
No building shall be closer than 50 feet to the side or rear line of any adjacent property. These 50 feet shall be considered as a buffer strip and shall be landscaped in accordance with the standards set forth in this article.
(c) 
No building or structure shall be closer than 60 feet to any front street property line nor less than 50 feet from any other structure. Except as permitted in this article, no building or structure shall be higher than 40 feet above the ground level.
(d) 
All buildings must be served by driveways to be approved as part of the special exceptions as to size, curvature, grade and surface to provide easy access for emergency vehicles, such as police and fire equipment.
(e) 
No parking shall be permitted between the front building line and the street right-of-way.
(4) 
Financial institutions with drive-up windows. No building, structure or premises shall be used as a financial institution with drive-up window facilities unless in conformance with the following conditions:
(a) 
Such use shall be located on lots with street frontage of at least 100 feet.
(b) 
The minimum lot area shall be 15,000 square feet.
(c) 
No transaction window or speaker system shall be located closer than 50 feet to any property line of any residential use or any residential zone line.
(d) 
Such use shall comply with the standards of Chapter 217, Noise, of the Borough Code.
(e) 
Any transaction window or station shall be set back a minimum of 25 feet from any property line.
(f) 
No drive-through window shall face any public right-of-way.
(5) 
Restaurants with drive-through windows. No building, structure or premises shall be used as a restaurant with drive-through window facilities unless in conformance with the following conditions:
[Amended 5-28-2014 by Ord. No. 31-2014]
(a) 
Such use shall be located on lots with street frontage of at least 100 feet.
(b) 
The minimum lot area shall be 20,000 square feet.
(c) 
No transaction window or speaker system shall be located closer than 60 feet to any property line of any residential use or any residential zone line.
(d) 
Such use shall comply with the standards of Chapter 217, Noise, of the Borough Code.
(e) 
Any transaction window shall be set back a minimum of 40 feet from any property line.
(f) 
No drive-through window shall face any public right-of-way, nor shall any drive-through window be located within 50 feet of the street right-of-way line from which vehicles using the drive-through window will enter or exit.
(g) 
There shall be no more than two one-way access driveways serving the site. The minimum distance between the center lines of such driveways shall be 125 feet. Driveways shall be one-way.
(h) 
Internal circulation shall be such that stacked vehicles for the drive-through window(s) shall not interfere with general vehicular circulation and parking or pedestrian circulation on the site. Drive-through window stacking lanes shall not be located in parking aisles, nor shall they, in any manner, interfere with vehicles entering or exiting the site or pedestrian circulation.
(i) 
The perimeter of the site shall be fenced and/or landscaped in a manner that will prevent litter from being blown across property lines and to effectively screen adjacent noncommercial properties on a year-round basis. Such screening shall consist of both a board-on-board fence and dense landscaping along any adjoining noncommercial property lines.
(j) 
Trash receptacles of an attractive design, consistent with Borough standards and without any advertising or branding, shall be maintained around outdoor eating areas, along pedestrian walkways and at points of egress from the site.
(k) 
Any outdoor eating areas shall be clearly delineated with curbing, shall be attractively landscaped, and shall be so located that patrons can walk directly from the building to the eating area without crossing a driveway or parking lot. Outdoor seats shall count toward the parking requirements for the establishment.
(l) 
Odor reduction devices shall be employed to minimize the effect of odor production from cooking and frying activities. The applicant shall demonstrate that proposed techniques shall keep the odors on site, to the maximum extent feasible.
(m) 
Signage shall be limited to one, noninternally illuminated building sign not exceeding 30 square feet and one, noninternally illuminated monument sign, not exceeding six feet in height (including base plus sign area) and 20 square feet in area.
(n) 
Site lighting shall be the minimum necessary to adequately light the building, outdoor seating area and parking lot with a fixture height (pole plus base) not exceeding 15 feet; only downward-facing fixtures are permitted. Timers shall be required to turn off all nonsecurity lighting after business closing.
(o) 
There shall be no parking in the front yard setback on any front yard. All front yards, with the exception of pedestrian access and other improvements, shall be fully planted with a mix of deciduous and coniferous trees, shrubs and ground cover.
(p) 
Any awning shall be canvas, with a maximum of six square feet of signage area on awning valances.
(q) 
No drive-through or fast-food restaurant shall be located within 500 feet of any elementary, middle, or high school.
(r) 
On any lot adjoining within 250 feet of a residential use or district or within 250 feet of the Central Business District, the primary building material shall be masonry (stone or brick), wood, hardie plank, or some combination thereof.
(6) 
College housing. Housing for faculty and employees of Drew University and their families and housing owned and/or operated by the Madison Housing Authority in the U Zone shall meet the following requirements:
(a) 
The principal objective of all such housing shall be to provide affordable housing accommodations to eligible occupants.
(b) 
The maximum number of housing units permitted under this section shall be the existing 60 units to house the faculty and employees of Drew University and their families, and not more than the existing 12 housing units shall be permitted to be owned and/or operated by the Madison Housing Authority.
(c) 
Permitted uses shall include single- and two-family detached dwellings, attached dwellings and multifamily dwellings.
(d) 
Accessory uses shall include those uses customarily accessory to a principal permitted use.
(e) 
Bulk standards.
[1] 
Maximum height.
Type of Housing
Stories
Feet
Single- and two-family detached housing
2 1/2
35
Multifamily
3
40
[2] 
Setback: 50 feet from tract boundary.
[3] 
Maximum floor area ration (FAR): 0.3.
[4] 
Minimum common open space: 30%.
[5] 
Maximum impervious coverage: 50%.
[6] 
Minimum parking.
Off-Street Parking Spaces Required
Type of Unit
Number of Spaces Required
Efficiency
1.0
One-bedroom
1.0
Two-bedroom
2.0
More than two-bedroom
2.0
(f) 
The bulk and sitting requirements set forth in the R-5 Zone for multifamily shall apply to any multifamily housing in the U Zone.
(g) 
Occupants of any housing to be owned and/or operated by the Madison Housing Authority shall meet all applicable eligibility standards for such housing. Occupants of all other housing created under this section shall be faculty or employees or Drew University and their families.
(h) 
All vehicular access shall be provided for in a manner acceptable to Planning Board.
(i) 
Particular care shall be used in site location and site design to minimize the impact of any proposed development on adjacent land uses and any unique features of the University, including special environmental features and/or any other unique features of the University and, in that regard, adequate setback, buffers and landscaping shall be provided. Particular care shall be used in the site location and site design in order to preserve any environmentally sensitive areas in the U Zone.
(j) 
The area(s) of the U Zone proposed for housing to be constructed under this section shall be subdivided as a separate parcel in accordance with the subdivision requirements contained in this chapter. Housing proposed to be owned and/or operated by the Madison Housing Authority shall also be subdivided as a separate parcel.
(k) 
Single- and two-family detached housing built under this section shall meet R-4 lot and setback requirements.
(7) 
Assisted-living residence (ALR). Assisted living residences may be located in any zone subject to the following conditions:
(a) 
Minimum lot area: five acres.
(b) 
Minimum lot width: 300 feet.
(c) 
Minimum lot depth: 400 feet.
(d) 
The property shall have frontage on a secondary arterial road or shall be located in an R-5 or R-6 Zone having frontage on a secondary arterial or collector road, as defined in the Borough Master Plan.
(e) 
Maximum height: 35 and 2 1/2 stories.
(f) 
Maximum floor area ratio (FAR): 0.3.
(g) 
Maximum impervious coverage: 40%.
(h) 
Minimum setbacks:
[1] 
Front yard: 100 feet.
[2] 
Side and rear yards:
[a] 
From single-family residential zone and/or single-family residence property line: 100 feet.
[b] 
From multifamily residential zone and/or multifamily building property line: 50 feet.
[c] 
From nonresidential zone property line: 40 feet.
[3] 
A minimum of 50 feet of the setback area (except adjacent to a nonresidential zone property line) shall be considered a buffer strip. Buffers are fences, landscaping, berms and mounds used to minimize any adverse impacts on the site or from adjacent areas. Within said buffer zone, no structure or off-street parking or loading area shall be permitted except utility easements, fences and signs. Driveways may only cross the buffer strip. Said buffer shall be kept in its natural state where wooded and, when natural vegetation is sparse or nonexistent, the Board may require the applicant to supplement the existing vegetation.
(i) 
No parking shall be permitted in any required front yard setback area.
(j) 
Minimum parking setbacks:
[1] 
From building: 10 feet.
[2] 
From single-family residential zone and/or single-family residence property line: 50 feet.
[3] 
From multifamily residential zone and/or single-family residence property line: 50 feet.
[4] 
From nonresidential zone property line: five feet.
(k) 
Maximum number of units: 75.
(l) 
Maximum number of occupants: 100.
(m) 
No accessory structures shall be permitted.
(n) 
Minimum gross floor area per unit:
[1] 
Single-occupant unit: 300 square feet.
[2] 
Double-occupant unit: 450 square feet.
(8) 
Continuing care retirement community (CCRC).
(a) 
The development shall include all of the following:
[1] 
Independent living units.
[2] 
Assisted-living residence units.
[3] 
Nursing units.
(b) 
The development shall include at least some level of each of the following:
[1] 
Health-care facilities and services.
[2] 
Facilities and services for providing meals for residents who will require residential health care and nursing care, with or without common dining facilities.
[3] 
Physical therapy facilities and services.
[4] 
Meeting rooms.
[5] 
Recreation facilities.
[6] 
Health-care and physical therapy facilities may be in an existing or new off-site location (subject to zoning requirements), if the applicant shows adequate plans to provide residents of the development with reasonable access.
(c) 
The application for development shall include a statement generally describing the health-care services, meal services for residents who will require residential health care or nursing care, and physical therapy services that will be provided. Such statement may be, but is not required to be, the developer's disclosure statement (or a portion of it) which is required by N.J.S.A. 52:27D-336 (P.L. 1986, c. 103, § 7).
(d) 
It shall be a condition of final subdivision approval or final site plan approval that residency in the CCRC shall be age-restricted to persons at least 62 years of age, with or without a spouse or other members of such person's housekeeping unit in the event of the death of such resident. This condition shall not be construed as requiring the CCRC to permit surviving members below the age of 62 to remain in residence following such death.
(e) 
Permissible accessory uses shall include houses of worship and religious facilities, garages, sheds, fences, swimming pools, recreational facilities designed for use by residents, maintenance buildings, gatehouses, employee living quarters, and retail and personal services restricted to residents, guests and employees, and other uses customarily associated with and ancillary to a CCRC, as long as such accessory uses are subordinate to and serve only the conditional use.
(f) 
Area and setback requirements shall be as follows:
[1] 
Minimum lot area: 25 acres.
[2] 
Minimum lot width: 200 feet.
[3] 
Minimum perimeter tract setback (buffered):
[a] 
For buildings: 100 feet.
[b] 
For parking: 75 feet, except adjacent to a railroad right-of-way where setback may be reduced to 25 feet.
[4] 
Maximum impervious lot coverage: 40%.
[5] 
Maximum building coverage: 20%.
[6] 
Maximum building height: 35 feet, except that height may be increased to a maximum of 40 feet, provided that for each additional foot of building height above 35 feet, two additional feet of setback shall be required from the exterior tract buffer. Building height shall be measured from the average finished grade level surrounding the building measured five feet from the building wall to the top of the roof.
(g) 
Maximum and minimum number of units.
[1] 
The maximum number of independent living and assisted-living residences shall be five units per acre.
[2] 
A minimum of four independent-living units shall be provided for each nursing unit.
[3] 
Assisted-living residence units shall be counted as independent-living units in meeting the 4 to 1 ratio requirement above.
[4] 
The maximum number of detached single-family dwellings shall not exceed 30% of the total permitted number of independent-living units.
(h) 
Parking requirements. Sufficient off-street parking shall be required to meet the needs of the residents, employees and guests in accordance with the following minimum requirements:
[1] 
Independent-living units: 1.0 per dwelling unit.
[2] 
Assisted-living residences: one for every three occupants.
[3] 
Nursing beds: .3 per bed.
[4] 
Staff: one off-street parking space per full-time staff, plus one for every two part-time staff, on the maximum shift.
[5] 
Visitors: an additional 10% above the total required parking.
(i) 
Design standards for single-family detached housing.
[1] 
Minimum lot size: 5,000 square feet.
[2] 
Minimum lot width: 50 feet.
[3] 
Minimum yard requirements:
[a] 
Front: 25 feet.
[b] 
Side: five feet (one), 15 feet (both).
[c] 
Rear: 25 feet.
(j) 
Design standards for other structures.
[1] 
Minimum distance between residential buildings and other buildings: 30 feet.
[2] 
Minimum distance between accessory buildings and principal buildings: 10 feet.
[3] 
Minimum distance between parking areas and buildings: 10 feet.
(k) 
Buffering and screening. All CCRC's shall be landscaped and buffered. A landscaped buffer not less than 25 feet shall be planted or installed around the perimeter of the developed area of any CCRC site.
(9) 
Long-term care facilities.
(a) 
Minimum tract size: 2.5 acres.
(b) 
Minimum tract width: 150 feet.
(c) 
Minimum building setbacks.
[1] 
Front: 80 feet.
[2] 
Rear: 100 feet.
[3] 
Side: 40 feet.
(d) 
Minimum parking setback: five feet, but no parking shall be allowed in the area, except required handicapped spaces between the road and the facade of the building closest to the road, except required handicapped spaces.
(e) 
Maximum impervious coverage: 40%.
(f) 
Perimeter screen buffers of 15 feet shall be installed.
(g) 
Maximum height: 35 feet.
(10) 
Wireless communications antennas.
[Added 3-11-2002 by Ord. No. 9-2002]
(a) 
Purposes. It is the overall purpose of this subsection to provide specific zoning conditions and standards for the location and operation of wireless communications antennas within the Borough of Madison, to recognize the need to safeguard the public good and preserve the intent and the purposes of the Madison Borough Master Plan and Zone Plan.
(b) 
Overall objective. The overall objective of this subsection is to enable the location within the Borough of Madison of those antennas which are necessary to provide adequate wireless communications services while, at the same time, limiting the number of supporting towers to the fewest possible.
(c) 
Specific goals. The specific goals are to:
[1] 
Minimize the total number of wireless communications towers within the Borough of Madison;
[2] 
Limit the impact of wireless communications antennas, towers and related facilities upon the residences and the streetscapes throughout the Borough of Madison;
[3] 
Safeguard the prevailing and historic character of development throughout the Borough of Madison;
[4] 
Encourage the location of antennas upon, or within, existing structures, including existing wireless communications towers, existing buildings, existing water towers or standpipes, and existing telephone and electric poles and towers, especially those existing structures situated on public property;
[5] 
Encourage as many antennas as possible, of as many of the wireless communications carriers as possible, to be collocated on the fewest number of existing structures within the Borough of Madison;
[6] 
Discourage the construction of new towers which do not have the likelihood of being used by a number of wireless communications carriers;
[7] 
Encourage the communications carriers to configure their facilities in a manner that minimizes and mitigates any adverse impacts upon affected properties, streetscapes and vistas through careful design, siting, landscape screening and innovative camouflaging techniques;
[8] 
Formulate and maintain, for land use planning purposes, a complete inventory of all wireless communications antennas, towers and related facilities within the Borough of Madison, and others in the vicinity of the Borough, which are capable of providing service within the Borough;
[9] 
Enhance the ability of the carriers of wireless communications services who adhere to the letter and intent of this subsection to provide such services quickly, effectively and efficiently; and
[10] 
Comply with the mandate of the Federal Telecommunications Act of 1996, 47 U.S.C. Section 332 (c)(7), which preserves local government authority to enforce zoning requirements which protect public safety, public and private property and community aesthetics.
(d) 
Exemptions of applicability. These wireless communications antennas provisions shall not apply to the following:
[1] 
This subsection shall not govern any tower, or the installation of any antenna, that is under 70 feet in height and is owned and operated only by a federally licensed amateur radio station operator or is used exclusively to receive transmissions; and
[2] 
This subsection shall not govern any parabolic satellite antennas.
(e) 
Overall Comprehensive Plan.
[1] 
In order to effectuate the purposes, objective and goals of this subsection as noted hereinabove, any applicant to the Borough of Madison for approval to erect a wireless communications antenna, in addition to all other information required by this subsection, shall provide threshold evidence that the proposed location of the proposed antenna(s), and any proposed supporting tower and/or ancillary cabinets enclosing related electronic equipment, has been planned to result in the fewest number of tower locations within the Borough of Madison at the time full service is provided by the applicant throughout the Borough. Therefore, the applicant shall provide an overall comprehensive plan indicating how it intends to provide full service throughout the Borough of Madison and, to the greatest extent reasonably possible, shall indicate how its plan specifically relates to and is coordinated with the needs of all other providers of wireless communications services within and around the Borough.
[2] 
More specifically, the overall comprehensive plan shall indicate the following:
[a] 
The mapped location and written description of all existing antennas and existing and approved supporting structures within the Borough;
[b] 
The mapped or GIS database location and written description of all existing or approved water towers or water standpipes and existing telephone or electric poles or towers within the Borough;
[c] 
How the proposed location of the proposed antenna(s) specifically relates to the suitability or unsuitability of such existing structures to be utilized to provide the intended wireless communication;
[d] 
How the proposed location of the proposed antenna(s) specifically relates to the anticipated need for additional antennas and supporting structures within and near the Borough of Madison by the applicant and by other providers of wireless communications services within the Borough;
[e] 
How the proposed location of the proposed antenna(s) specifically relates to the objective of collocating the antennas of many different providers of wireless communications services on a single supporting structure; and
[f] 
How the proposed location of the proposed antenna(s) specifically relates to the overall objective of providing full wireless communications services within the Borough of Madison while, at the same time, limiting the number of towers to the fewest possible, including alternate technologies which do not require the use of towers.
(f) 
Location priorities.
[Amended 3-10-2003 by Ord. No. 2-2003]
[1] 
Based upon the overall comprehensive plan submitted by the applicant in accordance with § 195-33B(10)(e) hereinabove, if the Borough of Madison determines the proposed antenna(s) to be needed for the provision of full wireless communication services within the Borough, utilizing the fewest number of towers as reasonably possible, wireless communication antennas shall be permitted within the Borough at the following prioritized locations:
[a] 
The first priority location shall be an existing or municipally approved wireless communication tower in any zone, or an existing telephone or electric pole or tower in the nonresidential zones listed in § 195-33B(10)(f)[1][b] hereof.
[b] 
The second priority location shall be on lands situated within the Borough of Madison zoned within the CBD-1, CBD-2, CC, U, OSGU or OR Zoning Districts; or on lands within the Borough of Madison situated in any zoning district, which land contains an existing utility facility with an aboveground structure that contains one or more existing ground buildings.
[2] 
Notwithstanding any provision of this Land Development Ordinance to the contrary, the location of antenna(s) on an existing municipally approved structure shall not require a use variance in accordance with N.J.S.A. 40:55D-70d.(1) of the Municipal Land Use Law.
(g) 
Area and setback requirements.
[1] 
If the proposed antenna(s) will be attached to an existing or approved tower, an existing building, an existing or approved water tower or water standpipe, or an existing telephone or electric pole or tower, no land area shall be required in addition to the land area upon which the existing structure is situated; or
[2] 
If the proposed antenna(s) will be supported by a new tower and will be situated on lands owned by the Borough of Madison, the land area required shall be as approved by the Borough Council in consideration of existing site conditions and surrounding land uses, and shall be subject to a written lease agreement between the applicant and the Borough of Madison; or
[3] 
If the proposed antenna(s) will be supported by a new tower and will be situated on lands within the Borough of Madison not owned by the municipality, the following minimum area and setback requirements shall be met:
[a] 
The proposed antenna(s) and proposed supporting tower and ancillary related electronic equipment shall be located on a land area equal to in size or larger than the minimum lot area specified in Schedule I of this chapter[1] for the applicable zoning district;
[1]
Editor's Note: Schedule I is included at the end of this chapter.
[b] 
The minimum required land area pursuant Subsection B(10)(g)[3][a] hereinabove shall either be a separate undeveloped lot or a leased portion of an already developed lot;
[c] 
The proposed antenna(s) and proposed supporting tower and ancillary related electronic equipment, and any approved building housing the electronic equipment and any approved camouflaging of the tower, shall be the only land uses located on the subject land area, whether a separate lot or a leased portion of a lot; and
[d] 
Except for any access driveway into the property, any required landscaping and any underground utility lines reviewed and approved by the Planning Board as part of the site plan submission, no building, structure and/or disturbance of land shall be permitted within a one-hundred-foot setback distance from any street line, from any other existing or proposed property line, and provided that if a tower will exceed 100 feet in height, the tower shall be set back from any street line and from any other existing or proposed property line a distance equal to or greater than the height of the tower.
(h) 
Maximum height. Notwithstanding any provisions of this subsection to the contrary, the following height restrictions shall apply for any wireless antenna and/or any new supporting tower:
[1] 
The height of any proposed antenna extending above any existing tower, any existing building or above any existing or proposed water tower or water standpipe shall be demonstrated by the applicant, to the satisfaction of the Planning Board or the Borough Council, as the case may be, to be the minimum height necessary for the proposed installation to satisfactorily operate; and
[2] 
The height of any proposed new supporting tower shall not exceed 120 feet above ground level unless it can be demonstrated by the applicant, to the satisfaction of the Planning Board or the Borough Council, as the case may be, that a greater height is necessary for the proposed installation of the antenna(s) to satisfactorily operate and for the collocation of at least three other carriers on the tower.
(i) 
Design details.
[1] 
Any proposed new tower shall be a monopole, unless the applicant can demonstrate, and the Planning Board agrees, that a different type of pole is necessary for the collocation of additional antennas on the tower.
[2] 
To the greatest extent possible, no antenna and/or its supportive tower shall be located to be visible from any historic district or site as duly designated by Madison Borough, the State of New Jersey or by the federal government.
[3] 
To the greatest extent possible, no new tower shall be located to be visible from any public street.
[4] 
To the greatest extent possible, all cables shall be installed within underground conduits.
[5] 
Any new tower shall be located behind existing buildings and/or natural topographic elevations in order to screen the tower's base from being visible from adjacent properties and from any street right-of-way.
[6] 
The color and any camouflaging of a proposed tower shall be proposed by the applicant in the context of the visibility of the tower from different vantage points throughout the Borough, and the existing land uses and vegetation in the vicinity of the subject site.
[7] 
No antenna shall be located on any tower in order to provide to service provider personnel the equivalent of wireline telephone service; such service shall be provided via existing telephone lines if available to the site, or by the underground extension of telephone lines to the site if necessary.
[8] 
No lighting is permitted on a tower except lighting that specifically is required by the Federal Aviation Administration (FAA), and any such required lighting shall be focused and shielded to the greatest extent possible so as not to project towards adjacent and nearby properties. The applicant shall provide to the Planning Board all applicable FAA standards regarding lighting that may apply to a proposed tower.
[9] 
Individual cabinets for the required electronic equipment related to the wireless communications antenna(s) shall be permitted in accordance with the following design criteria:
[a] 
Any proposed cabinet or combination of cabinets enclosing required electronic equipment shall not be more than 12 feet in height nor more than 250 square feet in area, and only one such area for the cabinet(s) shall be permitted for each provider of wireless communications services located on the site;
[b] 
No electronic equipment shall interfere with any public safety communications;
[c] 
All of the electronic equipment shall be monitored and configured so that, to the greatest extent possible, the need for on-site maintenance and the commensurate need for vehicular trips to and from the site will be minimized;
[d] 
All the required electronic equipment for all anticipated communications carriers to be located on the subject site shall be housed within a one-and-one-half-story building, which building shall not exceed 250 square feet per service provider in area and shall not exceed 1,250 square feet in gross area for the entire building and 20 feet in height, and which shall be designed with a single-ridge, pitched roof with a residential or office character of appearance; and
[e] 
The building may have one light per service provider at the entrance to the building, provided that the light is attached to the building, is focused downward and is switched so that the light is turned on only when workers are at the building. The building may have a separate entrance for each service provider.
[10] 
No signage is permitted, unless "warning" and/or equipment information signs are deemed necessary for safety purposes and are specifically approved by the Planning Board.
[11] 
Minimal off-street parking shall be permitted as needed and as specifically approved by the Planning Board.
[12] 
Between the location of the tower and the building enclosing related electronic equipment and any public street or residential dwelling unit or residential zoning district within view of the tower and the building, landscaping shall be provided in accordance with the following:
[a] 
The landscaping shall consist of a combination of existing and/or newly planted evergreen and deciduous trees and shrubs of sufficient density to screen the view of the tower, particularly at its base, to the maximum extent reasonably possible, and to enhance the appearance of the building from the surrounding residential properties and any public street;
[b] 
The landscaping plan shall be prepared by a licensed landscape architect who shall present testimony to the Planning Board regarding the adequacy of the plan to completely screen the tower from view and to enhance the appearance of the building; and
[c] 
Any newly planted evergreen trees shall be at least eight feet high at time of planting, and any newly planted deciduous trees shall be a minimum caliper of two inches at time of planting.
(j) 
Site plan submission and approval requirements.
[1] 
The applicant shall provide to the Planning Board or the Borough Council, as the case may be, a specific written addressment of each of the design details enumerated in § 195-33 B(10)(i) hereinabove.
[2] 
Wireless communications antennas, and any proposed supporting tower and related electronic equipment, shall require preliminary major site plan approval in accordance with the requirements specified in § 195-22 of this chapter and final major site plan approval in accordance with the requirements specified in § 195-22.1 of this chapter.
[3] 
In addition to the applicable documentation and items of information required for preliminary and final major site plans specified in this chapter, the following additional documentation and items of information specific to wireless communications antennas are required to be submitted to the Planning Board for review and approval as part of the submission of the preliminary site plan application:
[a] 
Documentation by a qualified expert that any existing structure proposed for the location of the antenna will have sufficient structural integrity to support the proposed antennas, and that the safety hazards resulting from ice falling from the structure and the antennas have been adequately mitigated;
[b] 
Documentation by a qualified expert that any proposed tower will have sufficient structural integrity to support the proposed antennas and the anticipated future collocated antennas and that the structural standards developed for antennas by the Electronic Industries Association (EIA) and/or the Telecommunication Industry Association (TIA) have been met;
[c] 
A letter of intent by the applicant, in a form which is reviewed and approved by the Borough Attorney, indicating that the applicant will share the use of any tower with other approved wireless communications service providers at reasonable rates which shall be economically viable; and
[d] 
A visual sight distance analysis, including photographic reproductions of a crane or balloon test, graphically simulating the appearance of any proposed tower, with at least three antenna arrays attached thereto, from at least 15 locations around and within one mile of any proposed tower where the tower will be most visible. The applicant shall schedule the time of the crane or balloon test with the Borough Engineer in order to provide the members of the Planning Board and the general public the opportunity to view the crane or balloon.
[e] 
Evidence from an independent expert that all equipment will comply with the then-current Federal Communications Commission (FCC) rules and regulations, including that radio frequency (RF) emissions will be within the FCC guidelines. Any approval shall contain a condition that the applicant shall provide a further report to the Borough Engineer from an independent expert that the RF emissions are within the FCC guidelines within 90 days after installation is complete and that, upon any change in FCC guidelines or regulations governing same, the applicant shall within 120 days of such change provide a report to the Borough Engineer from an independent expert that the RF emissions are within the revised FCC guidelines or regulations.
[4] 
In addition to its normal professional staff, given the technical and specialized nature of the testimony by the applicant's radio frequency expert(s), the Planning Board shall hire its own radio frequency expert to review and comment upon the testimony presented by the applicant. Additionally, based upon other testimony presented by the applicant, the Planning Board may hire other experts with specialized areas of expertise if deemed necessary.
(k) 
Restoration provisions. Except for proposals to locate antennas on lands owned by Madison Borough, the applicant (and the landowner in the instance of a leased property) shall provide a performance bond and/or other assurances satisfactory to the Planning Board and in a form approved by the Borough Attorney that will cause the antennas, any supporting tower, the electric equipment cabinets, any building enclosing the electronic equipment cabinets, and all other related improvements to the land to be removed, at no cost to the Borough, when the antennas are no longer operative. Any wireless communications antenna facility not used for its intended and approved purpose for a period of six months shall be considered no longer operative and shall be removed by the responsible party within 60 days thereof.
(l) 
Other requirements. All other applicable requirements of this Land Development Ordinance not contrary to the specific conditions and standards specified herein shall be met, but waivers and/or variances of such other applicable requirements of this chapter may be granted by the Planning Board. Additionally, based upon the site-specific information presented by the applicant during site plan review, the Planning Board may grant deviations from the literal requirements for wireless communications antennas specified in Subsection B(10)(g), (h) and (i) of this subsection hereinabove, provided that the purposes, overall objective and specific goals, respectively specified in Subsection B(1)(a), (b) and (c) of this subsection, are advanced by the deviations.
(11) 
Outdoor dining:
[Added 7-12-2010 by Ord. No. 20-2010]
(a) 
Outdoor dining refers only to the service of food and beverages, consistent with the definition of restaurant, but extended to include privately owned outdoor property on which a restaurant operates as the principal permitted use; outdoor dining on any public sidewalk or right-of-way shall continue to be governed by Borough Ordinance § 166-43 and associated permit requirements;
(b) 
Outdoor dining does not include an outdoor bar or any other similar outdoor accessory use that serves only beverages, nor does it include any drive-through or take-out windows;
(c) 
Public access shall be provided from within the principal restaurant use with a secondary means of emergency egress in accordance with applicable New Jersey building codes;
(d) 
Outdoor dining areas shall be designed in accordance with barrier-free requirements;
(e) 
The calculation of off-street parking requirements shall include outdoor seating occupancy;
(f) 
The approval of any application for outdoor dining shall not be construed as approval by the Borough Council for extension and/or renewal of any license under ABC jurisdiction; such extensions and/or renewals shall only be granted by the Borough Council;
(g) 
All outdoor dining areas shall be clearly delineated by a solid decorative fence, wall or other structure at least 4.5 feet in height but no more than six feet in height;
(h) 
Hours of operation of outdoor dining areas shall not extend later than 10:00 p.m.;
(i) 
All outdoor lighting shall be downward facing and shall be turned off by 10:30 p.m.;
(j) 
No amplified music shall be permitted in outdoor dining areas;
(k) 
No outdoor dining area that serves alcoholic beverages shall be located within 200 feet of a school or public park;
(l) 
No outdoor dining area shall obstruct pedestrian access serving one or more stores or businesses in addition to the property on which outdoor dining is proposed.
(m) 
There shall be no outdoor dining at any restaurant located in any nonresidential zone, including CBD-1, CBD-2 and CC Zones, that is located within 200 feet of any residential zone. The distance shall be measured from any property line of the restaurant to the closest residential zone line.
[Added 9-13-2010 by Ord. No. 45-2010]
A. 
Sign permit exemptions. Exemptions shall not be construed as relieving the owner of such signs from the responsibility of complying with applicable provisions of this chapter. The exemption shall apply to the requirement for a sign permit only. No sign permits shall be required for the following signs:
(1) 
Any public notice or warning required by a valid and applicable federal, state, county or local law, regulation or ordinance.
(2) 
Any sign which is inside a building, not attached to a window or door, and is not readable from a distance of more than three feet beyond the lot line of the lot or parcel nearest to where such sign is located.
(3) 
Holiday lights and decorations with no commercial message, excluding holiday inflatable decorations, which shall require permission of the Borough Council.
(4) 
Any sign indicating the name of a building and/or date of construction and/or other incidental information about its construction, which sign is cut into a masonry surface or made of bronze or similar permanent material, including historic tablets, cornerstones, memorial plaques and emblems which do not exceed four square feet in area from a single viewpoint.
(5) 
Traffic control signs on private property, the face of which meets the Department of Transportation standard, and which contain no commercial message of any sort.
(6) 
Flags of the United States, New Jersey, the Borough of Madison, foreign nations having diplomatic relations with the United States, other flags adopted or sanctioned by an elective legislative body of competent jurisdiction and flags flown in conjunction with the flag of the United States, provided that such a flag does not exceed 60 square feet in area and is not flown from a pole in excess of 40 feet in height. A flag's area shall be in reasonable proportion to the length of the pole from which it is displayed. Not more than three flags may be flown from any one pole. The statutory requirements associated with flags and generally accepted standards of flag display etiquette shall be observed.
(7) 
Signs in the University Zone that are more than 100 feet from the external boundary of a lot.
(8) 
Signs or banners advertising public or quasi-public events that are posted with the permission of the Borough Council or of any person to whom the Borough Council has delegated this authority according to guidelines set by the Borough Council.
(9) 
Pump-mounted fuel price informational signs subject to the following:
(a) 
Only one fuel price informational sign shall be permitted per fuel pump.
(b) 
Fuel price informational signs shall be limited in size to an area of 216 square inches in accordance with state and federal regulations.
(c) 
Each fuel price informational sign shall be affixed directly and firmly to a fuel pump and shall be stationary.
(d) 
Nothing herein shall be construed to prohibit the advertisement of fuel prices on any other sign meeting the requirements of this section.
(10) 
U.S. Postal regulation mailboxes.
B. 
Permit procedure.
(1) 
No sign except those exempted by Subsection A above shall be placed, constructed, or erected or modified unless a sign permit shall have been obtained from the Zoning Officer and, where required by the New Jersey Uniform Construction Code, a building permit shall have been obtained from the Construction Official and, in the case of a commercial use, be referred to and reviewed the Sign and Facade Committee of the Downtown Development Commission and, if in the Historic District, be referred to and reviewed by the Historic Preservation Commission. Signs which are not specifically allowed by this subsection shall be prohibited.
(2) 
Master Signage Plan.
(a) 
A Master Signage Plan shall accompany:
[1] 
Any application for a sign permit; or
[2] 
Any application for development filed with the Planning Board or the Zoning Board of Adjustment which involves installation or modification of any sign.
(b) 
The Master Signage Plan shall contain the following information for each existing and proposed sign:
[1] 
Size (i.e., length, height, area, thickness, number of faces).
[2] 
Letter style and size.
[3] 
Illumination.
[4] 
Colors (i.e., letter, background, trim), including PMS color samples.
[5] 
Construction materials, structural integrity and installation details.
[6] 
Window size (if applicable).
[7] 
Location (i.e., height above grade, distance from roofline, building width, location from sides).
[8] 
Enumeration of relevant requirements with proposed conditions (see Subsection I.)
(c) 
The Master Signage Plan graphically depicting the sign shall be prepared by the applicant or a sign professional. The Master Sign Plan application shall include a sketch or photograph showing the dimensions of each facade, window and canopy of the building to which a sign is to be attached, in sufficient detail to clearly indicate the location, dimension and area of all existing and proposed permanent signs affixed to the walls, windows and canopies of the building. These dimensions shall either be shown on the sketch or photograph or on an attached table. Samples of construction materials shall be submitted.
(d) 
In the case of a freestanding sign, a plot plan of the lot shall be required as part of the Master Signage Plan, showing the location of buildings, parking lots, driveways, landscaped areas and all other existing and proposed signs.
(e) 
Whenever a Master Signage Plan is filed with the Planning Board or the Zoning Board of Adjustment, a plot plan as described in this section shall be required for all applications, and all plans and drawings which comprise a part of the Master Signage Plan shall be prepared by a licensed architect, engineer and/or land surveyor, as appropriate.
(f) 
The applicant shall provide any additional information which may be deemed necessary to determine whether the signage plan complies with the purpose of the sign regulations.
(3) 
When installation or modification of a sign has been approved by the Planning Board or Zoning Board of Adjustment as part of a development application, the Construction Official shall issue a sign permit only if the proposed sign is consistent with the reviewing board's approval.
(4) 
Site plan approval.
(a) 
Any application for a sign permit requires site plan approval by the Planning Board or the Zoning Board of Adjustment unless the requirement is waived by the Zoning Officer pursuant to the provisions of this chapter. When an application for a sign permit is received by the Zoning Officer for a development that consists solely of the erection or modification of signs for an existing use, he shall:
[1] 
In the case of a commercial use, refer the Master Signage Plan within three days to the Sign and Facade Committee of the Downtown Development Commission for review and recommendation.
[2] 
If located in the Historic District, refer the Master Signage Plan within three days to the Historic Preservation Commission, which shall review and make recommendations before a permit is issued.
(b) 
The Zoning Officer may waive the requirement for site plan approval only if he finds that the proposed sign meet the requirements of this section and, in the case of any sign for a commercial use, if the Sign and Facade Committee of the Downtown Development Commission or the Historic Preservation Commission finds that the signage plan meets all requirements of the sign regulations. The Zoning Officer shall refer the signage plan to the Sign and Facade Committee within three days of receipt. The Zoning Officer and the Sign and Facade Committee shall review the Master Signage Plan and make recommendations within 10 days. If a request for waiver of site plan is denied by the Zoning Officer, the applicant may apply for waiver of site plan or for site plan approval from the Board having jurisdiction. In any case, if located in the Historic District, the Zoning Officer shall refer the signage plan to the Historic District, the Zoning Officer shall refer the signage plan to the Historic Preservation Commission, which shall review within 10 days and make recommendations before a permit is issued.
(5) 
The Sign and Facade Committee of the Downtown Development Commission, in reviewing applications for a sign permit, pursuant to Subsection B(4)(a), shall advise the Zoning Officer whether the Master Signage Plan, including the plans for the individual signs, is based on an integrated design, including all the elements listed in Subsection B(2)(b)[1] through [8] above, and whether the above elements are designed to be in harmony and are consistent with each other, the architecture and materials of the principal structure and the landscaping plan. The Committee may recommend that a waiver will better promote the purposes of this section.
(6) 
Whenever acting on a development application for commercial uses where installation or modification by any sign is proposed, the Planning Board or Zoning Board of Adjustment, as the case may be, shall refer the application to the Sign and Facade Committee of the Downtown Development Commission for review and recommendation prior to approving or denying any application for preliminary approval. If located in the Historic District, the application shall also be referred to the Historic Preservation Commission for review and recommendation. Upon receipt of any development application for commercial use which proposes the installation or modification of any sign, the Secretary of the Board hearing the application shall forward one complete copy of the application to the Sign and Facade Committee and, when appropriate, to the Historic Preservation Commission. The Sign and Facade Committee and, when appropriate, the Historic Preservation Commission shall review the applicant's Master Signage Plan and submit recommendations to the reviewing board within 15 days after receipt of a copy of the application.
C. 
Measurement of sign area.
(1) 
Measurement of area of individual signs. The area of a sign face (which is also the sign area of a wall sign or other sign with only one face) shall be computed by means of the smallest square, circle, rectangle, triangle or combination thereof that will encompass the extreme limits of the writing, graphic illustration, picture, symbol or other display, together with any material or color forming an integral part of the background of the sign and used to differentiate the sign from the backdrop or structure against which it is placed, but not including any supporting framework, bracing or decorative fence or wall when such fence or wall otherwise meets zoning regulations and is clearly incidental to the sign itself. No sign shall have more than two display faces. The sign area for a sign with two faces shall be computed by adding together the area of all sign faces visible from any one point. When a sign having two faces is such that both faces cannot be viewed from any point at the same time, the sign area shall be computed by the measurement of the larger of the two faces. For purposes of calculating window signs, a window shall be considered the glazed area. Signs which are required by county, state or federal agencies are exempt from calculation of permanent and temporary signage up to the minimum size required by such agencies. The area of the sign in excess of the minimum shall be subject to the sign calculation. In the event that no size requirement is imposed by such agency, the sign shall not exceed one square foot. Neon signs and internally illuminated signs shall be subject to modified area computations specified elsewhere in this chapter.
[Amended 4-12-2004 by Ord. No. 8-2004]
(2) 
Measurement of height. The height of a freestanding sign shall be computed as the distance from the base of the sign at normal grade to the top of the highest attached component of the sign. Normal grade shall be construed to be the lower of existing grade prior to construction or the newly established grade after construction, exclusive of any filling, berming, mounding or excavation solely for the purpose of locating the sign. In cases in which the normal grade cannot reasonably be determined, sign height shall be computed on the assumption that the elevation of the normal grade at the base of the sign is equal to the elevation of the nearest point of the crown of a public road or the grade of the land at the principal entrance to the principal structure on the lot, whichever is lower.
D. 
General regulations.
(1) 
Signs shall be in harmony and consistent with the architecture of the building and relate to the features of the building in terms of location, scale, color, lettering, materials, texture and depth. Signs shall not be dominant but shall be proportionate and shall complement the building, existing signs and surroundings.
(2) 
There shall be consistent sign design throughout a particular project. The design elements include style of lettering, construction material, size and illumination.
(3) 
Freestanding signs shall be integrated with the landscaping on site.
(4) 
Building signs shall not obscure, conflict with or cover any architectural element and must be aligned with major building elements such as windows, trim and structure lines.
(5) 
No sign shall extend or project above the highest elevation of the wall to which it is attached or above the lowest part of the roofline of the building, whichever is less.
(6) 
No electric wiring associated with a sign shall be visible to public view.
(7) 
Illuminated signs.
(a) 
Internally illuminated signs shall have characters, letters, figures and designs which are illuminated by electric lights as part of the sign proper with dark or translucent background.
[Amended 4-12-2004 by Ord. No. 8-2004]
(b) 
Signs lit by external sources shall be allowed but shall be located in such a manner so as to avoid any glare on adjacent property. Sources of sign illumination shall be completely shielded from the view of vehicular traffic using the road or roads abutting the lot on which the sign is located.
(c) 
External lights used for the illumination of any sign on a building, whether or not such light fixtures are attached to or separate from the building, shall not extend above the highest elevation of the front wall of the building or more than 18 feet above the street level of the premises, whichever is less.
(d) 
The sign area measurement for neon building signs shall be calculated as 2.0 times the actual measured area.
[Amended 4-12-2004 by Ord. No. 8-2004]
(8) 
One flag per business premises displaying only a generic logo or design shall be allowed. Such flag shall be no larger than three by five feet, and it must be hung from the ground floor facade at least 10 feet above ground level, and it shall project no more than three feet from the building facade.
E. 
Prohibited signs.
(1) 
No off-site advertising sign shall be erected, used or maintained with the Borough of Madison; provided, however, that this regulation shall not apply to temporary signs, otherwise permitted by this subsection, that advertise special events sponsored by nonprofit social, religious, political or cultural organizations or institutions, or lawful sandwich boards.
(2) 
No signs shall be placed on fences, utility poles, trees, railway or road bridges, bridge supports or abutments, retaining walls, or water towers unless approved by the Borough Council.
(3) 
No roof sign, known also as a "sky sign," shall be allowed.
(4) 
No sign shall be placed on an accessory building.
(5) 
No sign shall be lighted by means of a flashing light, nor shall any sign be in whole or in part moving, mobile, revolving, electrically or mechanically activated, or give the illusion of movement.
[Amended 3-28-2011 by Ord. No. 5-2011]
(6) 
No sign shall be allowed with optical illusion of movement by means of a design which presents a pattern capable of reverse perspective, giving the illusion of motion or changing of copy.
(7) 
No commercial sign shall be allowed in a window which serves a residential use.
(8) 
No signs shall be allowed on any street furniture.
(9) 
No televised advertising in a window shall be allowed.
(10) 
The use and display of temporary portable signs or windsocks, banners or strings or streamers of flags, pennants or spinners or similar objects and devices across, upon, over or along any premises or building, whether as part of any sign or for advertising or public attraction, or otherwise, is prohibited in any zone, except for:
(a) 
Temporary displays in business or commercial zones as provided in this section.
(b) 
Temporary decorations customarily used for holidays, or for special events as may be approved by the Borough Council.
(11) 
No signs shall be allowed that are placed on or affixed to vehicles and/or trailers which are parked on a public right-of-way, public property or private property so as to be visible from a public right-of-way where the apparent purpose is to advertise a product, service or activity or direct people to a business or activity located on the same or nearby property. This is not intended, however, to prohibit signs placed on or affixed to vehicles or trailers where the sign is incidental to the primary use of the vehicle or trailer.
(12) 
No sign shall be allowed which obstructs any window or door opening used as a means of egress, interferes with an opening required for legal ventilation, or is attached to or obstructs any standpipe, fire escape or fire hydrant.
(13) 
No sign shall be allowed which obstructs the view of vehicle operators or pedestrians entering a public roadway from any parking area, service drive, public driveway, alley or other thoroughfare.
(14) 
No trademarks or brand names on any sign (including umbrella signs) shall be allowed when the commodity is not available in the establishment.
(15) 
No sign element shall be interpreted as part of the architectural element of the building, with the exception of a marquee of a functioning theater.
(16) 
No inflatable signs and tethered balloons shall be allowed, except decorative small balloons.
(17) 
No neon or gas-filled decorations which outline facade elements or windows are allowed, with the exception of a marquee of a functioning theater.
(18) 
No temporary signs shall be allowed except as detailed in Subsection E(1).
(19) 
LED (light-emitting diode) signs are prohibited with the exception of those standards provided in § 195-33B(2)(k) that apply to gas stations; however, the use of LED technology as an indirect light source for signs is permitted, provided the LED source is not visible or used to comprise any part of the sign lettering, logo or external display face.
[Added 3-28-2011 by Ord. No. 5-2011; amended 4-22-2013 by Ord. No. 9-2013]
F. 
Nonconforming signs.
(1) 
No nonconforming sign may be enlarged or altered in a way which would increase its nonconformity. Existing nonconforming permanent signs may continue to exist; however, when the sign is modified either in shape, size, illumination or structure, the sign shall be altered to conform to the provisions of this section. Notwithstanding the above, all sandwich boards must receive a permit.
(2) 
Should any nonconforming sign be damaged by any means to an extent of more than 50% of its replacement cost at time of damage, it shall not be reconstructed except in conformity with the provisions of this section.
G. 
Removal of certain signs.
(1) 
In the event a business ceases operation for a period of time in excess of 60 days, the sign owner or lessee, or the property owner, shall immediately remove any sign identifying or advertising said business or any product sold thereby. Upon failure of the sign owner or lessee, or property owner to comply with this section, the Zoning Officer shall issue a written notice to the sign owner or any lessee and to the property owner, which notice shall state that such sign shall be removed with the following time period:
(a) 
Signface: 60 days.
(b) 
Posts, columns and supporting structures: one year.
(2) 
If the sign owner or lessee, or property owner, fails to comply with such written notice to remove, the Zoning Officer is hereby authorized to cause removal of such sign, and any expenses incidental to such removal shall be charged to the owner of the property upon which the sign is located and shall constitute a lien upon the property. For the purpose of this section, the word "remove" shall mean:
(a) 
The sign face, along with posts, columns or supports or freestanding signs, shall be taken down and removed from the property.
(b) 
The sign face and supporting structures of projecting, roof or wall signs shall be taken down and removed from the property.
H. 
Sign permit revocable. All rights and privileges acquired under the provisions of this chapter or any amendment thereto are revocable at any time by the Office of Code Enforcement if the applicant fails to accurately depict the sign erected or to be erected or if the sign which is erected fails to meet the details or the detailed drawing submitted by the applicant. All such permits shall contain this provision.
I. 
The following signs and the standards and conditions that govern such signs are set forth in the Sign Matrix at the end of this chapter. All other signs are expressly prohibited.
A. 
Minimum required off-street parking schedule for nonresidential uses. The number of off-street parking spaces required for any nonresidential use shall be determined by reference to Parking Schedule 1 below. These standards do not apply to the PCD-O District.
(1) 
Unscheduled uses. Off-street parking requirements for uses not listed in Parking Schedule I shall be established by the Board, based upon accepted industry standards.
(2) 
Combined uses. In the case of a combination of uses, the off-street parking requirement shall consist of the sum of the spaces required for each individual use unless it can be demonstrated to the satisfaction of the approving authority that staggered hours of parking usage would permit modification of the total parking required due to shared parking principles and that adequate restrictions on the nature of the uses are imposed which would assure the continuance of reduced parking demands.
[Amended 6-13-2005 by Ord. No. 22-2005]
(3) 
Fractional spaces. Whenever the application of Parking Schedule I standards results in the requirements of a major fraction of a space in excess of 50%, a full space shall be required.
Parking Schedule I
Parking Requirements for Nonresidential Uses
Use
Required Parking Spaces
Automotive showroom/sales lot
1 per 300 square feet of showroom and sales office space
Bar, nightclub
1 per 3 occupants at capacity
Bowling establishment
2 per lane
Car wash
3 per washing lane
Financial institution
1 for each 200 square feet of building area or 5 spaces per teller, whichever is greater
Funeral home, mortuary
10 for each viewing room (minimum 30 spaces)
Garden center
1 per each 1,500 square feet of property area
Gasoline service station or repair garage
3 for each bay, plus 1 for each service vehicle
Golf course
4 per hole
Home occupation
1 per employee
Hotel
1 per room, plus 1 for each 1,000 square feet of conference or similar space
Indoor recreation, including roller rink, ice rink, recreation center and sports club
4.5 for each 1,000 square feet of building area
Laboratory, research use
1 for each 300 square feet of net building area
Long-term care facility
.3 per bed, plus one per full-time staff, plus one for every 2 part-time staff on the maximum shift
Office, dental or medical
4 for each doctor, plus 1 per 250 square feet of building area
Office, other
4 per 1,000 square feet of building area
Outdoor recreation:
Court games
4 per court 1 per 150 square feet of assemblage space
Other
Places of worship, community buildings, social halls and places of indoor public assembly
1 for each 3 seats. Where the specific amount of seating is undetermined, then 1 parking space shall be required for each 75 square feet of assemblage area.
Restaurant (including sit-down and take-out), catering hall, delica- tessen, sandwich shop, coffee shop and similar food service establish- ments
[Amended 6-13- 2005 by Ord. No. 22-2005]
1 for each 2.5 seats or 1 for each 180 square feet of gross floor area, whichever is greater
Retail uses not separately listed[1]
[Amended 6-13- 2005 by Ord. No. 22-2005]
5 per 1,000 square feet of gross floor area
Educational facility:
Elementary and intermediate school1 per employee
Secondary school
1 per employee, plus 1 per each 5 students in Grades 11 and 12
Post-secondary and other educational facility
2 per each 3 full-time students and 1 for each 5 part-time students
Theater
1 for each 3 seats
NOTES:
1 (Reserved)[2]
2 When housing is included in mixed-use development, a shared parking approach to the provision of parking shall be permitted, provided adequate restrictions on the nature of the uses are imposed which would assure the continuance of reduced parking demands due to shared parking.
[Amended 6-13-2005 by Ord. No. 22-2005]
3 When, in the judgment of the Board, on-street parking is available, then only that proportion of the parking requirement which is not available on the street shall be provided in off-street parking facilities. A length of 23 feet per on-street parking space shall be used in calculating the number of available on-street parking spaces.
4 For projects containing dwelling units required by the New Jersey Uniform Construction Code's Barrier Free Subcode (N.J.A.C. 5:23-7) to be accessible, parking spaces for people with disabilities shall be provided in accordance with the requirements of the Barrier Free Subcode and shall be considered part of the total number of required spaces.
[1]
Editor's Note: Former Note 1, pertaining to garage and driveway parking was repealed 6-13-2005 by Ord. No. 22-2005.
[2]
Editor's Note: Former Note 1, pertaining to garage and driveway parking was repealed 6-13-2005 by Ord. No. 22-2005.
B. 
Minimum required off-street parking schedule for residential uses. The number of off-street parking spaces required for residential uses shall be determined pursuant to N.J.A.C. 5:21, as amended, and by reference to Parking Schedule II below. Alternative parking standards to those shown in the schedule below shall be accepted if the applicant demonstrates that these standards better reflect local conditions. Factors affecting the minimum number of parking spaces include household characteristics, availability of mass transit, urban versus suburban location and available off-site parking sources.
Parking Schedule IIa,c
Parking Requirements for Residential Land Uses
Housing Unit Type/Sizeb
Parking Requirement
Single-family detached
2-bedroom
1.5
3-Bedroom
2.0
4-Bedroom
2.5c
5-Bedroom
3.0
Garden apartmentb
1-bedroom
1.8
2-bedroom
2.0c
3-bedroom
2.1
Townhouseb
1-bedroom
1.8
2-bedroom
2.3c
3-bedroom
2.4
Retirement community
Values shall be commensurate with the most appropriate housing type and size noted above that the retirement community resembles
Assisted-living
.5d
Notes:
a
As amended from time to time.
b
Requirements for attached units (apartment/condominium/townhouse) include provisions for guest parking.
c
A one-car garage and driveway combination shall count as two off-street parking spaces, provided the driveway measures a minimum of 18 feet in length between the face of the garage door and the right-of-way. A two-car garage and driveway combination shall count as 3.5 off-street parking spaces, provided a minimum parking area width of 20 feet is provided for a minimum length of 18 feet as specified for a one-car garage and driveway combination.
[Amended 6-13-2005 by Ord. No. 22-2005]
d
The Board may grant waivers and exceptions where appropriate.
C. 
Commercial vehicles in residential zones. In a residential zone, only one commercial vehicle of a rated capacity of one ton or less may be kept on the premises.
D. 
Parking of recreational equipment.
(1) 
Parking of recreational equipment. No mobile dwelling, trailer or any other recreational equipment shall be stored or parked on any premises in any residential zone district within the limits of the Borough, except as hereinafter provided:
(a) 
Recreational equipment may be stored or parked within a closed building or garage on the premises.
(b) 
Recreational equipment may be stored or parked outdoors on any premises upon the following terms and conditions:
[1] 
Not more than one piece of recreational equipment shall be stored or parked on any premises in any residential zone district within the limits of the Borough, except as hereinafter provided. For purposes of this chapter, premises shall include adjoining lots in common ownership, unless said adjoining lots otherwise conform to this chapter and other provisions hereof.
[2] 
No recreational equipment shall be stored or parked within any residential district other than that lot upon which the principal residence structure of the actual owner of the recreational equipment is located.
[3] 
No recreational equipment shall be stored or parked at any time when said premises are not being occupied, except for vacation absences.
[4] 
No recreational equipment shall be stored or parked in any district as an accessory building or use, except as herein provided.
[5] 
No recreational equipment shall exceed the following bulk requirements:
[a] 
A maximum height of 12 feet as parked, including trailer, cradle or mount, but excluding mast in the case of a boat.
[b] 
A maximum body length of 30 feet, excluding trailer hitch, tongue and bumper.
[c] 
A maximum of eight feet in body width, excluding hardware.
[d] 
A maximum gross weight of 12,000 pounds, including trailer and mount.
(c) 
No recreational equipment shall be stored or parked within any front yard or side yard required under this chapter. These requirements shall apply to both frontages on a corner lot. In addition, all recreational equipment shall be stored or parked to the rear of the rear building line of the principal building.
(d) 
All recreational equipment must be kept clean and in good repair at all times and shall carry a current year's license or registration as required by law.
(e) 
The owner of the recreational equipment shall have and display upon request to any authorized officials of the Borough satisfactory proof of ownership of such recreational equipment.
(f) 
All recreational equipment shall be maintained in mobile condition.
(g) 
No recreational equipment shall be used for sleeping or dwelling purposes while on said premises, and recreational equipment shall not be commercially stored or offered or displayed for sale. Further, such recreational equipment shall not be connected with any electric, water, gas or sanitary sewer facilities.
(h) 
No construction or repair of any such recreational equipment shall be carried on outdoors in any residential district. For purposes of this chapter, construction or repair shall not include essential maintenance.
(i) 
No recreational equipment shall be stored, parked or maintained so as to create a dangerous or unsafe condition on the premises where parked.
(j) 
Loading and unloading of recreational equipment at any location on the premises is permitted, provided that said vehicle is not stored or parked for a period longer than 48 hours in any seven consecutive days.
(2) 
All recreational equipment shall be effectively screened with attractive plantings, shrubs and trees or fencing so as not to be readily visible from the street or from any adjoining or nearby properties.
A. 
Continuance of existing nonconforming uses and structures. Any nonconforming use or structure which lawfully existed at the time of the passage of this article may be continued, and any existing legally nonconforming building or structure may be reconstructed or structurally altered, but only in accordance with the requirements of this article.
B. 
Discontinuance of abandoned nonconforming uses. Any nonconfirming use which has not been used for a continuous period of one year or more shall not thereafter be revived.
C. 
Alteration, extension or enlargement of nonconforming use or structure.
(1) 
A nonconforming use of any building, structure or land shall not be increased, enlarged, extended or changed in any manner whatsoever.
(2) 
No building in which a nonconforming use exists shall be enlarged, extended or structurally altered in any manner; provided, however, that:
(a) 
Nothing herein shall prevent the repair and maintenance of any building wherein there exists a nonconforming use, provided that such maintenance and repair does not in any way constitute or result in a further extension of a nonconforming use.
(b) 
Minor alterations and improvements which do not constitute or require structural changes may be made in or to a building wherein a nonconforming use exists, provided that such nonconforming use will not be increased, extended or enlarged thereby.
(c) 
Nothing herein shall prevent the strengthening or restoration to a safe and lawful condition of any part of any building which is nonconforming.
(3) 
Structural alterations, internal rearrangements and renovations may be made in a building or structure which is nonconforming because it fails to comply with height, area, yard, off-street parking or other like requirements of this article, other than use, so long as the structural alteration or increase, internal rearrangement or renovation does not extend or enlarge the nonconformance of said building or structure.
(4) 
A nonconforming use changed or altered to a conforming use may not thereafter be changed back to a nonconforming use.
D. 
Restoration of existing building or structures nonconforming because of use. Whenever a building or structure is nonconforming by reason of its use, such building or structure may be restored or repaired in the event of partial destruction thereof.
E. 
Restoration of existing buildings or structures nonconforming for reasons other than use. Whenever a building is nonconforming because it fails to comply with any height, area, yard, off-street parking or requirements of this article, other than use, and such building is partially destroyed, such building may be restored to its prior condition; provided, however, that such restoration shall not enlarge the previously existing nonconformance.
F. 
Nonconforming improved lot. When an improved lot in a residential zone exists as a separate isolated lot under separate ownership and does not adjoin any vacant land or vacant lot of the same owner, and said improved lot is nonconforming due to size, shape, area or setback, any existing residential building or structure on the lot may be further improved, provided that:
(1) 
The number of dwelling units shall not be increased even if such increased number of dwelling units are allowed in the zone, unless approved by the Board of Adjustment.
(2) 
Any existing nonconforming setbacks from streets, side lot lines or rear lot lines shall not be made more nonconforming, including any vertical additions of any type.
(3) 
Any existing and proposed improvement on the nonconforming improved lot shall not exceed the percentage of maximum impervious coverage set forth in Schedule I.[1]
[1]
Editor's Note: Schedule I is included at the end of this chapter.
(4) 
The Construction official of the Borough of Madison is hereby authorized and empowered to issue any necessary construction permits in accordance with the provisions of this subsection.
G. 
Nonconforming unimproved lot. Notwithstanding any other provisions of this article, any existing nonconforming lot in the R-1, R-2, R-3 and R-4 Zones not adjoining any vacant land and which is nonconforming due to shape or area, may be improved with a new building or structure in accordance with the use requirements of this article, provided that the minimum setbacks shall be as required in Schedule I,[2] except required side street setbacks on corner lots may be reduced one foot for each three feet the lot is under the minimum width required in the zone district, but shall not be reduced below 1/2 the minimum required setback.
[2]
Editor's Note: Schedule I is included at the end of this chapter.
H. 
Any nonconforming structure located in the CC Zone can be further developed, provided that the degree of nonconformity is not further increased.
[Added 3-9-2020 by Ord. No. 6-2020; amended 4-27-2020 by Ord. No. 9-2020]
A. 
The purpose of this section is to:
(1) 
Amend and supplement the Land Development Code of the Borough of Madison to regulate solar photovoltaic energy facilities and structures and balance the objective of providing reasonable opportunities for on-site solar or photovoltaic electric generation for on-site electricity consumption with protection of the natural and built environment.
(2) 
Promote the conservation of energy through the use of planning policies and practices designed to reduce energy consumption and to provide for utilization of renewable energy sources accessory to and directly supportive of a use permitted by the Madison Land Development Ordinance.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
BUILDING-INTEGRATED SOLAR ENERGY SYSTEMS
A solar energy system that is an integral part of a principal or accessory building, rather than a separate mechanical device, replacing or substituting for an architectural or structural component of the building. Building-integrated systems shall include photovoltaic or hot water solar energy systems that are contained within roofing materials, windows, and skylights that do not visually differ from conventional building materials.
COMMUNITY SOLAR SYSTEM
Local solar facilities shared by multiple community subscribers who receive credit on their electricity bills for their share of the power produced.
GROUND-MOUNTED SOLAR ENERGY SYSTEM
Systems which are not mounted on existing structures. This does not include parking canopy systems.
PUBLIC VIEW
The view by the public of a building from any point on a street or walkway which is used as a public thoroughfare, either vehicular or pedestrian.
ROOF-MOUNTED SOLAR ENERGY SYSTEM
A solar energy system consisting of solar collectors that are installed directly on the roof of a home, commercial building, and/or a permitted accessory structure, such as a garage, pergola, and/or shed.
SOLAR COLLECTOR
A device, structure or a part of a device or structure for which the primary purpose is to transform solar radiant energy into thermal, mechanical or electrical energy.
SOLAR COLLECTOR SURFACE
Any part of a solar collector that absorbs solar energy for use in the collector's energy transformation process. Collector surface does not include frames, supports and mounting hardware.
SOLAR MOUNTING DEVICE
Racking, frames or other devices that allow the mounting of a solar collector onto a roof surface or the ground.
SOLAR PHOTOVOLTAIC ENERGY SYSTEM, ACCESSORY
A system of solar photovoltaic modules, panels or arrays for the collection, storage, and distribution of solar energy for space heating or cooling, for water heating (including heat exchange systems with exterior panels), or for electricity, that:
(1) 
Is located on the electric consumer's premises;
(2) 
Is designed and intended to offset part of the electric consumer's on-site electric energy consumption; and
(3) 
Is accessory, subordinate and incidental to the electric consumer's principal use of the premises for other lawful purpose(s).
C. 
Applicability. This section applies to solar energy systems to be installed and constructed after the effective date of the section. Solar energy systems constructed prior to the effective date of this section shall not be required to meet the requirement of this section, provided, however, that any upgrades, modifications, or changes that alter the size or placement of existing solar energy systems shall comply with the provisions of this section. Community solar systems operated by the Borough of Madison or a third party contracted by the Borough of Madison are not subject to this section.
D. 
Permitted accessory use. Solar energy systems shall be allowed as an accessory use, subject to the requirements set forth within this section.
E. 
General regulations.
(1) 
In order to maintain a desirable visual environment throughout Madison by preserving and promoting the small town and historical characteristics of the Borough, it is the intention of this section that the installation of solar photovoltaic energy systems be installed in as inconspicuous and unobtrusive a manner as reasonably possible.
(2) 
The design of solar systems shall conform to all applicable local, state and national solar codes and standards. A building permit review by department staff shall be obtained, and all design and installation work shall comply with all applicable provisions in the National Electric Code (NEC), the International Residential Code (IRC), International Commercial Building Code, State Fire Code, and any additional requirements set forth by the local utility for grid-connected systems.
(3) 
Electrical wiring connecting solar panel arrays, system transformers, inverters, and utility service shall be installed as flush as possible on structures upon which panels are mounted or installed underground.
(4) 
All connections from solar systems to the grid shall be underground where existing electric service is underground.
(5) 
Panels shall be darkish blue, grey or other neutral color and may not include any integrated graphics.
(6) 
A power disconnect and system shut-down device accessible to emergency services personnel shall be installed and marked conspicuously with a sign, which shall identify an emergency contact person and an emergency contact telephone number. The property owner shall make the property available to local emergency first responders for annual training on power disconnect and system shut-down procedures that may be required in the case of an emergency. System diagrams shall be provided to local emergency first responders upon installation and updated when alterations to the system are completed.
(7) 
Installations proposed within the Bottle Hill Historic District and Civic Commercial Historic District shall be subject to the following provisions:
(a) 
Solar panels shall not alter an historic site's character defining features.
(b) 
All modifications to an historic site must be entirely reversible, allowing alterations to be removed or undone to reveal the original appearance of the site.
(c) 
Exposed solar energy equipment must be consistent with the color scheme of the underlying structure.
(d) 
Solar installations in these historic districts shall be subject to review by the Historic Preservation Commission.
(8) 
All solar photovoltaic equipment, except for roof-mounted solar photovoltaic panels as permitted herein, shall be effectively screened from public rights-of-way, with indigenous deer-resistant evergreen plantings, and, to the greatest extent feasible, shall blend with the immediately surrounding area.
(9) 
Building integrated solar energy systems may be visible from the public view and are subject only to the screening and setback requirements for supporting equipment.
(10) 
Solar collectors shall be oriented and/or screened so that any glare is directed away from any adjoining properties and streets.
(11) 
All supporting equipment shall not be located any closer than 20 feet to any other building or structure, except as permitted herein.
(12) 
Solar energy systems shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the system. No such signs shall exceed one square foot in area. In no case shall any identification be visible from the property line.
(13) 
No solar energy system shall be lit. Parking lots under solar canopy systems may be lighted in accordance with Borough lighting regulations.
F. 
Roof-mounted solar photovoltaic energy systems. Installation or construction of roof-mounted solar photovoltaic energy systems shall be subject to the following requirements:
(1) 
A roof-mounted solar photovoltaic energy system may not be placed on any lot which does not contain a permitted principal structure. A roof-mounted system may be installed upon permitted principal and accessory buildings.
(2) 
A roof-mounted solar photovoltaic energy system shall serve only the lot where it is located. All supporting ancillary equipment not attached to the structure housing solar arrays shall be located in the rear yard unless evidence is provided from a solar entity that such equipment cannot be feasibly located in the rear yard location (conforming to rear yard setback as noted herein). The applicant may then place supporting equipment in alternative areas, as follows:
(a) 
Fifty percent of the actual rear yard setback or a minimum of 20 feet, whichever is greater.
(b) 
Side yard with a minimum setback that is equal to the respective minimum zone requirements or 50% of the actual setback line; whichever is greater.
(3) 
Roof-mounted solar photovoltaic energy system panels shall not extend above the existing height of the roof: more than 12 inches on structures with pitched roofs with 3% slope or greater; or from 24 inches to a maximum of 48 inches on structures with flat roofs (Flat roof shall be defined as a roof pitch less than 3% slope.), provided that a minimum four-foot perimeter setback is provided. Roof-mounted solar energy systems shall not exceed the maximum permitted height in the zone district for the structure or building on which they are mounted. For roof-mounted solar energy systems installed on a sloped roof, the system must be installed at the same angle as the roof on which it is installed with a maximum distance, measured perpendicular to the roof, of 12 inches between the roof and highest edge or surface of the system. In no instance shall it extend above the ridge of a peaked roof.
(4) 
Panels shall not overhang or otherwise extend beyond any rooftop structure.
(5) 
Exterior piping associated with the roof-mounted solar energy system shall be allowed to extend beyond the perimeter of the building on any facade of an accessory structure. Where exterior cables or piping are visible from any public right-of-way, they shall be treated architecturally to blend in with the building color and materials.
(6) 
No system shall cover more than 80% of the entire roof area.
(7) 
No system shall be mounted to a fence.
(8) 
Where parapets are in place and rooftop orientation allows, solar collectors mounted on flat roofs shall be mounted behind a building parapet, below the line of sight from the nearest edge of the right-of-way(s) adjacent to front and street side yards. (See below illustration.)
195-136.tif
G. 
Parking lot roof canopy-mounted solar photovoltaic energy systems. Installation or construction of roof canopy-mounted solar photovoltaic energy systems shall be subject to the following requirements:
(1) 
Site plan approval is required
(2) 
An applicant for a parking lot roof canopy-mounted solar photovoltaic energy system shall obtain all permits required by the Uniform Construction Code.
(3) 
Parking lot roof canopy-mounted solar photovoltaic energy systems shall be constructed above parking spaces and shall not be located in a front yard or any area between the front façade of a principal building and the street.
(4) 
A minimum ten-foot wide buffer, consisting of plantings, fencing, berming or some combination thereof, shall be required adjacent to any residential property line to serve as a year-round buffer.
(5) 
The maximum permitted height of the system shall be 22 feet, as measured from the grade plane to the highest point of the mounting equipment, structure and/or panels, whichever is greatest.
(6) 
The parking lot roof canopy-mounted solar photovoltaic energy system shall serve only the lot upon which it is located and may not serve any other lot either in common ownership or otherwise. All supporting equipment, such as transformers, inverters, power line interconnections, etc. shall be installed only in the rear or side yard area of any lot.
(7) 
The proposed location for all supporting equipment shall conform to the rear yard and side yard setback requirements for an accessory building or the requirements for parking setback in the zone (whichever is greater) in which the property is located (and in no case shall be located in the front yard).
H. 
Ground-mounted solar photovoltaic energy systems. Where permitted, a ground-mounted solar photovoltaic energy system may be installed subject to the following requirements:
(1) 
Accessory to principal permitted use.
(2) 
A ground-mounted solar photovoltaic energy system shall not be constructed on any lot which does not contain a permitted principal structure.
(3) 
A ground-mounted solar photovoltaic energy system shall serve only the permitted principal structure and permitted accessory buildings located on the tax lot upon which the energy system is located.
(4) 
Ground-mounted solar photovoltaic energy systems shall require site plan approval.
(5) 
Ground-mounted systems shall be designed to minimize impacts on critical habitat areas, especially habitats of threatened and endangered species.
(6) 
Issuance of a construction permit. An applicant for a ground-mounted solar or photovoltaic energy system permit shall obtain all permits required by the Uniform Construction Code (UCC).
(7) 
Access. No new driveway access shall be created. Access shall be provided utilizing existing driveways. Any interior access road required between and among ground-mounted solar photovoltaic energy system arrays and components shall be designed as grassed roadways to minimize the extent of soil disturbance, water runoff and soil compaction.
(8) 
Maximum height. The maximum height of solar panel arrays from existing ground level shall not exceed eight feet. System components shall not exceed the maximum permitted height for an accessory structure in the zone in which located.
(9) 
Ground-mounted systems shall not be counted in the calculation of maximum impervious coverage unless the area under the panels, excluding any footings, consists of an impervious material.
(10) 
Ground-mounted systems shall not exceed 5% of the total land area of the tract on which it is located. The area of the system shall be measured by the aggregate of all land on which the system is located, excluding transmission lines and subsurface elements.
(11) 
Yard placement and visual buffering. All components of a ground-mounted solar photovoltaic energy system (solar panel arrays, supporting equipment including transformers, inverters, electric utility line connections, etc.) shall be installed only in yards not facing public rights-of-way and shall not be located closer to the side property line than the existing side yard/perimeter setback (whichever is greater) of the principal building upon the lot, subject to the following visual compatibility, placement and design standards.
(a) 
The ground-mounted system and its components shall be shielded by a minimum ten-foot-wide landscaped buffer of plantings and/or plantings and berming around the perimeter of the facility. The buffer shall screen the system from view from adjoining residences, preserved open space, the public traveled way, including public rights-of-way, roads and publicly accessible trails.
(b) 
Perimeter landscaped screen buffer. Landscaped screen buffer plantings shall be indigenous evergreen species for year-round screening, which shall grow to sufficient height within five years to completely screen the system from off-site view. The landscaped screen buffer plantings shall be continually maintained to provide a permanent visual screen of the facility.
(c) 
Where existing features may effectively serve to shield portions of the installation and its components from view, such features may be substituted for portions of the required perimeter landscaped buffer. Such features include, but are not limited to:
[1] 
Existing hedgerows or forested areas, which may be supplemented with additional plantings to achieve year-round effective visual screening of the installation and its components;
[2] 
Existing buildings, such as barns, garages, greenhouses, outbuildings, etc;
[3] 
Existing topographic features or structures, such as changes in elevation, ridgelines, retaining walls and similar features.
(d) 
Where any of the above features may be substituted for the required perimeter landscaped buffer, such features shall be maintained for as long as the ground-mounted solar or photovoltaic energy system remains on site. Where such features may be removed over time by will or act of God, the required perimeter landscaped buffer shall be provided within two months of the removal of such features.
(12) 
Solar panel array ground mounting. To minimize land disturbance and facilitate future site rehabilitation, solar panel arrays shall be mounted to the ground through the use of earth screws, auger driven piers or a similar system that does not require the use of bituminous or concrete material.
(13) 
Grading. The ground-mounted system and its components should be designed to follow the natural topography to the greatest extent possible to minimize the disturbance of soils.
(14) 
Soil erosion control, soil stabilization. All ground areas occupied by the ground-mounted solar photovoltaic energy system shall be planted and maintained with shade tolerant grasses for the purpose of soil stabilization. A seed mixture of native, noninvasive shade tolerant grasses shall be utilized to promote biodiversity and natural habitat.
I. 
Review process.
(1) 
No installation of solar energy systems shall be permitted without a zoning permit.
(2) 
For site plans, the Zoning Officer shall issue a denial of zoning permit and shall refer the application to the Planning Board for review.
(3) 
In the event that an application is made pursuant to the terms of this article for premises that are located in the Bottle Hill or Civic Commercial Historic District, approval must be obtained from the Madison Historic Preservation Commission (HPC). Applicants shall submit plans to the Zoning Officer for review, and, if appropriate, a zoning permit may be issued, conditioned upon HPC review and approval.
J. 
Decommissioning, removal, restoration. All ground mount or parking lot canopy solar photovoltaic energy systems shall be maintained in continuous operation. A decommissioning plan shall accompany all applications for ground-mounted or parking-canopy systems.
(1) 
Solar photovoltaic energy facilities and structures (roof or ground) which have not been in active and continuous service for a period of 18 months shall be decommissioned and removed from the property to a place of safe and legal disposal.
(2) 
Upon cessation of activity and as part of decommissioning any ground mount or parking lot canopy system, the applicant shall submit a performance bond in a form and manner satisfactory to the Borough Engineer to ensure availability of adequate funds to restore the site to a useful condition. The applicant shall further:
(a) 
Deactivate, disconnect and remove all structures, unless otherwise noted herein.
(b) 
Restore the surface grade and soil after removal of aboveground structures and equipment, including but not limited to removal of all components of the system, including footings.
(c) 
Replace soil, as necessary, within the top 12 inches of the soil profile, which shall be comprised of topsoil meeting the texture of loam as described in the USDA soil classification system, and the pH shall be in the range of 6.5 to seven. Tests shall be reviewed and approved by the Borough.
(d) 
Decompact land where necessary to promote healthy plant growth prior to installation of topsoil and vegetation. Tests shall be reviewed and approved by the Borough.
(e) 
Restore soil areas with native grasses, agricultural crops or plant species suitable to the area and which do not include any invasive species.
(f) 
Provide quantity takeoffs, unit prices and overall cost estimates for decommissioning in current dollars.
(g) 
Provide for the retention of buffers and plantings.
(h) 
Restore parking areas and their surfaces for any parking under decommissioned canopy solar installations.
(3) 
If the property owner fails to remove the system and restore the system in accordance with the decommissioning plan, the Borough may perform the work in place of the owner. All costs incurred by the Borough in connection with the same shall be a lien on the property upon which the work is performed. In the event that the Borough incurs any additional costs in enforcing the lien or collecting the money owed, the owner shall be obligated to reimburse the Borough for the additional costs and expenses, including reasonable attorneys' fees.
(4) 
The Borough of Madison expressly reserves the right to require the removal of any solar energy system, or portion thereof, which is improperly constructed or maintained or which poses an imminent safety hazard. In the event that the Borough incurs any additional costs in enforcing the lien or collecting the money owed, the owner shall be obligated to reimburse the Borough for the additional costs and expenses, including reasonable attorneys' fees.
K. 
Permitted accessory solar energy systems.
(1) 
Building integrated systems are permitted as accessory uses in all zoning districts.
(2) 
Roof-mounted systems are permitted as accessory uses in all zoning districts.
(3) 
Parking lot canopy-systems are permitted accessory uses in the following districts in the rear yard only as regulated herein:
(a) 
R-5 District.
(b) 
R-5A District.
(c) 
CC District.
(d) 
OR District.
(e) 
PCD-O District.
(f) 
Gateway District.
(g) 
P District.
(h) 
OSGU District.
(i) 
University District.
(4) 
Ground-mounted systems shall be permitted as accessory uses only in the PCD-O and OSGU Districts, upon finding by the reviewing board that rooftop and/or parking lot canopy systems are not reasonably feasible due to specific site/building conditions. Community solar systems operated by the Borough of Madison or a third party contracted by the Borough of Madison are not subject to the land area cap of 5%.
(5) 
Additional submission requirements. In addition to the application requirements in all applicable construction codes and the Borough Land Use Ordinance, all applications for solar energy systems shall be accompanied by a property survey showing the proposed location or locations of the solar energy system and distance from property lines. In addition, photographs showing the property from the public view, and the location of the proposed solar energy system, must be submitted so as to determine compliance with the visibility and other provisions of this chapter.
L. 
Abandonment.
(1) 
Where a solar energy system is out of service for a continuous eighteen-month period, there shall be a rebuttable presumption that the system has been abandoned.
(2) 
The Borough may issue a notice of abandonment to the owner of a renewable energy system that is deemed to have been abandoned. The notice shall be sent return receipt requested.
(3) 
The owner shall have the right to respond to the notice of abandonment within 30 days from notice receipt date.
(4) 
If the owner provides information that demonstrates the renewable energy system has not been abandoned, the Borough shall withdraw the notice of abandonment and notify the owner that the notice has been withdrawn.
(5) 
If the Borough determines that the renewable energy system has been abandoned, the owner of the renewable energy system shall remove the renewable energy system and properly dispose of the components at the owner's sole expense within six months after the owner receives the notice of abandonment.
(6) 
In the event that the owner fails to remove the renewable energy system, the Borough or its employees or contractors may enter the property to remove the renewable energy system (but shall not be obligated to remove the same), and in the event that the Borough performs the removal, all costs of such removal shall be reimbursed to the Borough by the owner. In the event the owner fails to reimburse the Borough, the Borough may place a lien on the property in the amount of the costs of said removal. In the event that the Borough incurs any additional costs in enforcing the lien or collecting the money owed, the owner shall be obligated to reimburse the Borough for the additional costs and expenses, including reasonable attorneys' fees.
[1]
Editor's Note: Former § 195-36.1, R-PH Scatter Site Public Housing Zone, added 5-14-1984, as amended, was repealed 9-14-1987.