Township of Teaneck, NJ Article V Zoning

Sec. 33-22 Establishment of zoning districts; interpretation.

[Ord. No. 1811, § 23; amended by Ord. No. 1859, 5-27-1980, § 6; Ord. No. 2042, 7-9-1984, § 4; Ord. No. 3747, 2-25-2003, § 3; Ord. No. 3963, 9-5-2006, § 2; Ord. No. 4037A, 11-20-2007; § 1; Ord. No. 4038A, 11-20-2007, § 1; Ord. No. 4130, 6-23-2009, § 1]

(a) Zoning districts. For purposes of this chapter, the Township is hereby divided into zoning districts as follows:

[Amended by Ord. No. 4-2013, 4-23-2013; Ord. No. 7-2014, 4-29-2014; Ord. No. 8-2014, 4-29-2014; Ord. No. 46-2015, 12-15-2015; Ord. No. 48-2015, 2-9-2016; Ord. No. 1-2016, 2-9-2016; Ord. No. 14-2017, 7-6-2017; Ord. No. 15-2017, 7-6-2017; Ord. No. 6-2019, 3-26-2019; Ord. No. 2-2022, 1-18-2022; Ord. No. 9-2022, 3-15-2022; Ord. No. 21-2022, 8-30-2022; Ord. No. 22-2022, 6-28-2022; Ord. No. 48-2022, 11-22-2022]

R-S	Residential - Single-Family Detached District
R-M	Residential - Multifamily District
R-M2	Residential - Multifamily 2 District
R-M3	Residential - Multifamily 3 District
R-SCH	Residential Senior Citizen Housing District
R-SCII	Residential Senior Citizen Housing II District
R-AH	Residential Affordable Housing District
R-TH	Residential Townhouse District
B-1	Business - Retail District
B-2	Business - Office District
B-R	Special Business - Residential District
L-I	Light Industry District
LI-2	Light Industry 2 District
U	University District
H	Hospital District
H-1	Hospital Subdistrict 1
H-2	Hospital Subdistrict 2
H-3	Hospital Subdistrict 3
H-4	Hospital Subdistrict 4
RR-M	Redevelopment Residential Multifamily District
RC-1	Redevelopment Commercial - Office/Retail District
RC-2	Redevelopment Commercial - Hotel/Motel District
RC-3	Redevelopment Commercial - Hotel Accessory District
MX	Mixed-Use District
MX-1	Mixed-Use 1 District
MX-2	Mixed-Use 2 District
P	Public Land District
MH	Medical and Health Facilities Overlay District
MOR	Medical Office Residential Overlay District
MOB	Medical Office Business Overlay District
R-MO3	Residential - Multifamily 3 Overlay District
R-RO	Residential - Row House Overlay District
R-AHO	Residential Affordable Housing Overlay Zone
CCO	Community Center Overlay District
SHO	Senior Housing Overlay District

(b) Zoning Map. The boundaries of the zone districts are established on the map entitled "Zoning Map," dated May 1979, as amended, which accompanies and is made part of this chapter.[1]

[Amended by Ord. No. 21-2022, 8-30-2022]

[1] Editor's Note: The Zoning Map is on file in the office of the Township Clerk and is available for inspection during regular business hours. A table of Zoning Map amendments is included as an attachment to this chapter.

(c) Interpretation of zone district boundaries.

(1) Zone district boundary lines are intended to follow street center lines, streams and lot or property lines unless otherwise indicated by dimensions on the Zoning Map. Any dimensions shown shall be in feet, measured horizontally and measured from the street right-of-way line even if the center line of that street serves as a zone district line. The location of any disputed zone district line shall be determined by the Board of Adjustment, pursuant to N.J.S.A. 40:55D-70b. Zone district lines extend vertically in both directions from ground level.

(2) Where a street or public way serves as the zone district line and it is lawfully vacated, the former center line shall be considered the zone district line,

(3) Where such boundaries are not fixed by dimensions and where they approximately follow lot lines and where they do not scale more than 25 feet distant therefrom, such lot lines shall be construed to be such boundaries unless specifically shown otherwise.

Sec. 33-23 Rules of general application.

[Ord. No. 1811, § 24; amended by Ord. No. 1833, § 1; Ord. No. 1859, 5-27-1980, § 7; Ord. No. 1941, 2-2-1982, § 3; Ord. No. 2042, 7-9-1984, § 5; Ord. No. 3268, 6-26-1990, § 1; Ord. No. 3363, 7-6-1993, § 2; Ord. No. 3472, 10-8-1996, § 1; Ord. No. 3473, 10-8-1996, § 1; Ord. No. 3654, 12-19-2000, §§ 3, 4, 5; Ord. No. 3673, 5-8-2001, § 1; Ord. No. 3728, 8-20-2002, § 2; Ord. No. 3859, 3-8-2005, § 1; Ord. No. 3930, 1-10-2006, § 1; Ord. No. 3949, 6-5-2006, § 1; Ord. No. 4035; 10-9-2007, § 1; Ord. No. 4051, 2-4-2008, §§ 1, 2, 3; Ord. No. 4062, 3-18-2008, §§ 5, 6, 7; Ord. No. 4071, 5-27-2008, § 1]

(a) Prohibited uses. All uses not expressly permitted in this chapter are prohibited, notwithstanding the enumeration of prohibited uses in § 33-26 hereof.

(b) Nonconforming uses, lots and structures.

[Amended by Ord. No. 4281, 1-22-2013; Ord. No. 28-2016, 1-17-2017; Ord. No. 33-2022, 8-9-2022]

(1) Continuance. Except as otherwise provided herein, the lawful use of land or buildings existing at the date of the adoption or amendment of this chapter may be continued, although such use or building does not conform to the regulations specified by this chapter for the zone in which such land or building is located; provided, however, that:

a. Nonconforming lots shall not be further reduced.

b. Nonconforming buildings shall not have their footprint enlarged or their height extended or increased beyond the permitted height, but may be repaired, maintained or replaced with the same building footprint and conforming height, subject to the limitations of Subsection (b)(4)b herein, provided that the enlargement itself conforms with the setback and coverage limitations.

c. Nonconforming uses may not be enlarged beyond their preexisting building footprint or expanded beyond the permitted height.

d. Nonconforming two-family dwellings located within the R-S Single-Family Residential Zone District shall be considered permitted principal uses, provided that all of the following conditions are met:

1. The property has been described on the Township tax records as a two-family dwelling continuously from a date prior to January 1, 1977, through and including the present time.

2. There are separate entrances to the dwelling units and no direct access between the dwelling units.

3. There are separate kitchens and at least one full bathroom for each dwelling unit.

4. There are separate water, gas for cooking and electric utilities for each dwelling unit.

5. Neither dwelling unit is a basement unit.

e. Nonconforming structures may not be enlarged, extended, increased or removed and replaced except as otherwise provided herein.

1. Nonconforming structures located on property within the R-S Zone District and which contain a single-family detached dwelling may be removed and replaced, provided that all of the following conditions are met:

[i] Verification of the nonconformity must be either through documentation of the existing structure on the most recent tax assessment record card dated on or before December 31, 2006, or by submission of a property survey, indicating the existing structure, where such survey is dated on or before December 31, 2006, and the nonconforming structure must exist on the property at the time of application for removal and replacement.

[ii] The building footprint size and location of the nonconforming structure must be an exact replacement and with a conforming height; except that the nonconforming structure may be reduced in size, provided the resulting structure does not further violate provisions of this chapter. No nonconforming structure, if replaced at a reduced size, may then be changed back to the original size which existed before the replacement.

[iii] In the event of the destruction of a nonconforming structure by reason of windstorm, fire, explosion or other act of God or the public enemy, application to replace the structure must be made within one year of the date of destruction. Verification of the destruction of the nonconforming structure, in the form of a police report, fire report, insurance claim or other document acceptable to the Construction Official, must be submitted with the application for removal and replacement.

[iv] The nonconformity is a result of the existence, location or size of one or more of the following structures:

[a] Driveway.

[b] Walkway.

[c] Grade-level patio.

[d] Air-conditioning condenser unit.

[e] In-ground swimming pool.

[f] Entry platform and steps.

[g] Detached private garages.

[h] Retaining walls.

[i] Fences.

(2) Reversion. No nonconforming use shall, if once changed into a conforming use, be changed back to a nonconforming use.

(3) Abandonment. A nonconforming use shall be adjudged abandoned when there occurs a cessation of any such use or activity for a continuous period of one year. Such use shall not thereafter be reinstated, and the structure shall not be reoccupied except in conformance with this chapter.

(4) Restoration, replacement or reconstruction.

a. Any lawful, preexisting nonconforming building may be restored or repaired in the event of partial destruction.

b. If any lawful, preexisting nonconforming building erected prior to January 1, 2001, shall be destroyed by reason of windstorm, fire, explosion or other act of God or the public enemy to the extent that such destruction is deemed to be complete destruction, then such building may be rebuilt, restored or repaired, provided that proof of the existence and date of erection of such building shall be by location on a survey dated prior to January 1, 2001, on records of the Township of Teaneck or through the submission of an affidavit by the property owner and at least one adjacent property owner stating that the building existed prior to January 1, 2001, and that they owned their respective properties prior to January 1, 2001.

c. A lawful, preexisting one-family residential building which is nonconforming by reason of minimum required lot size, minimum required lot width or depth, coverage, height or yard setback regulations and located within the R-S Single-Family Residential Zoning District may be repaired or rebuilt in the event of either partial or total destruction thereof, provided that such repair or rebuilding does not increase the degree of nonconformity of such preexisting building immediately prior to such partial or total destruction, and that the building height may be increased to a conforming height if the nonconforming building footprint remains the same.

d. A lawful, preexisting one-family residential building which is nonconforming by reason of minimum required lot size, minimum required lot width or depth, coverage, height or yard setback regulations and located within the R-S Single-Family Residential Zoning District may be altered or enlarged, provided that any such alteration or enlargement shall itself fully comply with all applicable zoning regulations and shall not increase the degree of nonconformity of the existing structure with respect to height, coverage and/or yard setback regulations; provided, however, that the nature of the use shall not be changed from single-family residential use, and that the building height may be increased to a conforming height if the nonconforming building footprint remains the same.

e. If any other nonconforming building shall be destroyed by any reason to the extent that such building is deemed to be substantially totally destroyed, then such building may not be rebuilt, restored or repaired, except in conformity with the regulations of this chapter. The Township Construction Official shall apply the laws of the State of New Jersey, including relevant case law, in determining whether such destruction is partial or complete.

(c) Principal use; frontage upon an improved street. Not more than one principal building shall be located on a lot, except those buildings that comprise a planned development, as in the redevelopment districts. No lot may be developed unless it fronts upon an improved public street, except for lots in a planned development, as in the redevelopment districts.

(d) Enforcement; zoning permit; violations and penalties.

(1) It shall be the duty of the Zoning Officer to administer and enforce the provisions of this article, and no building permit or zoning permit shall be issued unless the proposed structure, use, awning, canopy, temporary activity or construction activity complies with this chapter.

(2) In case any building or structure is erected, altered, converted or maintained or any building, structure or land is used in violation of this article, the Township or an interested party, in addition to other remedies, may institute appropriate action to prevent such unlawful erection, alteration, conversion, maintenance or use; to restrain, correct or abate such violation; to prevent the occupancy of said building, structure or land; and to prevent any illegal act, conduct, business or use in or about such premises. Any person convicted of such violations before a court of competent jurisdiction shall be subject to one or more of the following penalties: a fine not exceeding $2,000 or imprisonment for any term not exceeding 90 days or a period of community service not exceeding 90 days. Each day that a violation of this article continues shall be deemed a separate and distinct violation.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

(3) Zoning permit.

[Amended by Ord. No. 4281, 1-22-2013; Ord. No. 42-2015, 12-15-2015]

a. A zoning permit shall be required as a condition precedent to the commencement of a use, or change of use, or the erection, construction, reconstruction, alteration, conversion or installation of a structure or building, excluding fences and sheds. As used herein, "change of use" shall be deemed to include any change in the utilization of a building or lot or part thereof where the resulting use is subject to bulk, dimensional, special or other zoning regulations which are different than those impressed upon the prior use.

b. A zoning permit shall be issued by the Zoning Officer when all requirements of Chapter 33, Development Regulations, Article V, Zoning, have been met. After a change of use has been made on a lot or in a building or structure, a zoning permit shall be required and no certificate of occupancy shall be issued without the required zoning permit.

c. A written application for a zoning permit shall be filed with the Zoning Officer by the owner or his agent. The application shall include the following:

1. The name and address of the owner or his agent.

2. The location of the building, structure or lot.

3. The existing or last prior and proposed uses of the building or property.

4. The number of occupants or employees, maximum number of parking spaces available, number of tenants (if the building is to be multi-tenanted) and the total square footage of the building or lot if there is no building.

d. When a building, structure or lot is entitled to a zoning permit, the Zoning Officer shall cause it to be issued within 10 days after written application therefor. A zoning permit shall certify the purpose for which the building, structure or lot may be used. It shall specify the permitted use category, the date of issuance and any special stipulations and conditions of the permit. The Zoning Officer shall affix his signature thereto and shall certify that such use, structure or building complies with the provisions of Chapter 33, Development Regulations, Article V, Zoning, or any variance therefrom duly authorized by a municipal approving authority.

e. Should the Zoning Officer be in doubt as to the propriety of issuing any permit in the particular case, he shall refer the matter to the Zoning Board of Adjustment for interpretation and decision.

f. The Zoning Officer may revoke a zoning permit whenever a condition of the permit has been violated.

g. A zoning permit shall always be subject to the following conditions:

1. That the use, building or structure to which it relates meets the conditions of all building permits, approved drawings and any prior approvals granted by the Township.

2. That all required fees have been paid in full.

3. That all necessary inspections have been completed and that the completed project meets the requirements of Chapter 33, Development Regulations.

4. That all violations have been corrected and that any assessed penalties have been paid.

h. Except where otherwise required by state statute, regulation or ordinance provision, a survey shall not be required as part of the application for the issuance of a zoning permit for the replacement or repair of existing sidewalks, stairs, patios, and driveways, located on single-family or two-family properties, provided that the applicant submits a photograph with the application showing the location and size of the existing sidewalk, stairs, patio or driveway and a signed certification that the applicant shall not enlarge or relocate the existing improvements or add new construction. Following the replacement or repair of the sidewalk, stairs, patio or driveway, the applicant shall submit a photograph showing the as-built condition. A survey shall be required for any new construction or enlargement or relocation of an existing improvement.

[Amended by Ord. No. 14-2021, 5-11-2021]

(e) Issuance of permits; Official Map. For the purpose of preserving the integrity of the Official Map, no permit shall be issued for any building or structure in the bed of any street or public drainageway, flood-control basin or public area reserved pursuant to law as shown on the Official Map, except as provided in N.J.S.A. 40:55D-34.

(f) General rules for interpretation and application of dimensional requirements.

(1) Street block. A street block shall be deemed to include both sides of the street, from the center line of one street intersection to the next nearest street intersection, except that:

a. In the case of an entering street which does not continue through the opposite side, the street block shall include both sides of the street measured from the center line of the entering street to the center line of the next street intersection.

b. In the case of a lot located between two entering streets, the street block shall include both sides of the street between the center lines of the two entering streets.

c. For the purposes of determining permissible deviation from lot width standards, in the case of an entering street which does not continue through the opposite side and in the event that the center line of the entering street intersects a lot on the opposite side, the lot shall be deemed included within the street block on both sides of the center line of the entering street.

(2) Corner lots.

a. Yard width or setback requirements. Except in the redevelopment districts which are subject to special criteria set forth in this chapter, a principal building shall meet the minimum front yard setback requirements of the district from both streets, and, if the lot is in the R-S, B-2 or L-I District and the street block includes another district with greater front setback requirements, the principal building shall also comply with the greater setback requirement. The remaining property lines shall be considered side yard lines and the building shall comply with the minimum side yard requirements for the district in which the lot is located with respect to those side yards.

b. Establishing frontage and front yards. The following rules shall pertain in the following districts:

1. R-S District. The developer shall have the option of designating which street line shall be the front line of the lot, at the time application is made for a building permit. Failing said designation, the Zoning Officer shall establish the front line.

2. R-M District. If the street lines of the corner lot vary in length, the lot shall be deemed to front upon the street line of greater length. If the street lines are of equal length, the developer shall have the option of designating which street line shall be the front line of the lot, at the time application is made for a building permit. Failing said designation, the Zoning Officer shall establish the front line.

3. B-1, B-2, B-R and L-I Districts. The front line shall be on the street whereon over 50% of the lots on the street block are in the same zoning district as the subject corner lot. If both streets so comply, the front line shall be on the street designated on the Official Map as a secondary arterial street, or failing same, as a collector street. If both streets are so designated, the developer shall have the option of designating which street line shall be the front line of the lot, at the time application is made for a building permit. Failing said designation, the Zoning Officer shall establish the front line.

4. U, H, RR-M, RC-1, RC-2 and RC-3 Districts. Not applicable.

(3) Yard areas.

a. No building other than a single-family detached dwelling shall be constructed, altered or moved nearer than 40 feet to the center line of any street or streets upon which its lot may abut or front.

b. An open platform or a roofed-over but unenclosed projection in the nature of an entry or portico, not more than eight feet wide and extending not more than six feet out from the front wall of the building and front entry steps leading from the front door down to grade, shall be exempt from the requirements of this section when the building otherwise complies with the regulations of this section. In computing the average setback, the presence of such entries, porticos and platforms shall be ignored. Chimneys extending not more than 18 inches into the existing side yard shall be exempt from the requirements of this section.

c. An open platform or a roofed-over but unenclosed projection in the nature of an entry, landing or portico, extending out from the side or rear wall of a single-family residence, together with side or rear entry steps leading therefrom down to grade, shall be exempt from the requirements of this section when the building otherwise complies with the setback requirements, provided that:

[Added by Ord. No. 4281, 1-22-2013; amended by Ord. No. 2-2021, 2-23-2021]

1. The open platform or a roofed-over but unenclosed projection in the nature of an entry or portico, extending from the side wall, shall not be more than four feet wide and shall not extend more than four feet out from the side wall of the building and shall not be more than 32 inches above the adjacent grade.

2. The open platform or a roofed-over but unenclosed projection in the nature of an entry or portico, extending from the rear wall, shall not be more than six feet wide and shall not extend more than four feet out from the rear wall of the building and shall not be more than 32 inches above the adjacent grade.

d. Safety railings, surrounding basement emergency escape and rescue bulkhead enclosures, basement garage retaining walls and basement access stairs, as accessory structures to one-family and two-family detached dwellings, in accordance with the following provisions, may be placed within any yard area:

[Added by Ord. No. 4281, 1-22-2013[1]]

1. The safety railing may be a maximum of 36 inches high above the upper adjacent grade.

2. The safety railing must be made of metal and painted black, dark brown or dark green.

3. The balusters may be a maximum of one inch in width and a maximum of four inches on center.

4. The safety railing must contain an access gate that shall be releasable or removable from the inside without the use of a key, tool, special knowledge or force greater than that which is required for normal operation of the escape and rescue opening.

[1] Editor's Note: Pursuant to this amendment, former Subsection (f)(3)(c), Hackensack River buffer, was renumbered to Subsection (f)(3)(e).

e. Hackensack River buffer.

1. Definition. The Hackensack River buffer is defined as all that land a distance of 50 feet from the mean high water line as determined by the United States Army Corps of Engineers. In the event the mean high water mark has not been determined by the United States Army Corps of Engineers, then the mean high water mark elevation as shown upon the Township Tax Assessment Maps shall be used.

2. Buffer area. Said buffer shall consist of natural plant materials. There shall be no disturbance of established vegetation, unless disturbance is required to remove nonnative species and reestablish native plant materials or to install a pathway, benches, lighting and waste receptacles in accordance with standards established by the governing body.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

3. Documentation. Sufficient information to permit a determination as to the mean high water mark shall be provided by an applicant for development on any lot adjacent to the Hackensack River.

f. Bow window or bay windows, including floor to ceiling enclosures therefor, extending not more than 24 inches from the exterior wall of a single-family dwelling within the R-S Residential Single-Family Detached District, may be placed within any yard area without violating the yard setback or coverage limitations.

[Added by Ord. No. 30-2016, 1-17-2017]

(4) Height.

a. Residential dwellings except in the RR-M District. At least 51% of the length of the roof ridge must have at least a twenty-two-foot height above the average ground level on three sides of the building. Where the ridge height of a split-level dwelling is measured from the ground level, the dwelling shall have a second floor ceiling with a minimum height of seven feet six inches.

b. Exceptions in all districts. The height limitations of this chapter shall not apply to silos, church spires, belfries, cupolas, mechanical penthouses and domes not used for human occupancy; nor to chimneys, ventilators, skylights, water tanks, bulkheads, television antennas and, except as hereinafter limited, necessary mechanical appurtenances usually carried above the roof level. Such features, however, shall be erected only to such height as is necessary to accomplish the purpose they are to serve. The provisions of this chapter shall not apply to prevent the erection of a parapet wall above the building height limit, provided that the same does not exceed 42 inches and is without windows. All appurtenances shall be screened in accordance with the standards and specifications of § 33-15(s). Necessary mechanical appurtenances either in excess of 100 square feet on any side or greater than eight feet in height shall not be exempt from the height limitations of this chapter, except that elevator penthouses and stair bulkheads are exempt notwithstanding their size, and except for necessary mechanical appurtenances in the RC-1, RC-2 and RC-3 Districts.

(5) (Reserved)[2]

[2] Editor's Note: Former § 33-23(f)(5) of the 1965 Code, Awnings and canopies, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II); see now § 33-18(c)(8).

(g) Waiver or modification of accessory use and conditional use criteria; distinction.

(1) Accessory uses. A condition qualifying the location or operation of a permitted accessory use may be waived or modified by variance. This shall not be deemed to allow an accessory use in a district which does not permit same.

(2) Conditional uses. A condition qualifying the location or operation of a permitted conditional use may be waived or modified by the Planning Board, if permitted by law, based upon the following determination:

a. The condition or conditions that cannot be adhered to can be waived or modified without adverse effect to the surrounding neighborhood and without substantial impairment or interference with the proposed use; and

b. The literal enforcement of one or more of the conditions is impracticable or will impose undue hardship because of peculiar conditions pertaining to the land in question.

c. The foregoing shall not be deemed to allow a conditional use in a district which does not permit same.

(h) Handicapped ramps for wheelchair access.

(1) Notwithstanding anything contained in this chapter to the contrary, in the event a property owner of a single-family or two-family dwelling requires the addition of a handicap ramp for wheelchair access to the property owner's dwelling for use by a person(s) residing therein, such property owner is required to obtain a zoning permit and a building permit, as applicable. It is acknowledged that not all such ramps would violate the bulk requirements of a zone and, as such, not all such ramps would require a variance. However, where such a proposed ramp does violate a bulk requirement of the zone, in addition to the requirement of a building permit, the applicant must also obtain a handicapped ramp license from the Building Department and, in doing so, may be exempt from having to obtain a variance if the following is provided with the application for the building permit:

a. A certification of a licensed physician that the person must be in a wheelchair during ingress and egress from the dwelling; and

b. A certification from a licensed architect that there are no reasonable means of access to and from the dwelling without the use of a handicap ramp. For purposes of this section, "reasonable means" shall not be deemed to include the installation of an outdoor wheelchair lift.

c. Upon approval of the plans and issuance of the building permit, a handicapped ramp license for the ramp shall be issued, which license shall expire one year from the date of issuance.

(2) Prior to the expiration of any handicapped ramp license, the holder of the license may apply to the Building Department for a renewal of same, which application for renewal shall include an updated certification from a licensed physician that the person must be in a wheelchair during ingress and egress from the dwelling. The license may be annually renewed until the ramp is no longer required by the property owner.

(3) Notwithstanding anything contained to the contrary herein, upon the change of occupancy of any building, a renewal license must be sought by the new occupant regardless of any unexpired term of an existing handicapped ramp license.

(4) Upon the expiration of any handicap ramp license, the ramp shall be removed.

(i) Temporary toilet facility.

(1) Permit required. No person, firm, partnership, corporation, association or organization of any kind (hereinafter referred to as "person") shall construct or install any temporary toilet facility upon any property within the Township of Teaneck without first obtaining a permit issued by the Zoning Officer, or his designee, as provided herein.

(2) Permit fees. All permit fees for temporary toilet facilities shall be as set forth in Appendix III, Fees and Charges for Certain Township Services, of this Code.[3]

[3] Editor's Note: Appendix III is included in Ch. 2, Charter/Administrative Code.

(3) Application procedure.

a. Before any temporary toilet facility shall be placed upon any property within the Township of Teaneck, the person desiring to construct or install the temporary toilet facility shall make application for a permit, in writing, to the Building Department. The application shall contain or have attached thereto the following information:

1. The street address, block number and lot number of the subject property.

2. The name, address and telephone number of the applicant.

3. The name, address and telephone number of the property owner, if other than the applicant, together with a written consent of the owner to the application.

4. The name, address and telephone number of the company or firm supplying the temporary toilet facility, the number of units to be used on the property, the date of construction or installation, the frequency of servicing of the units and the proposed date of removal of the temporary toilet facilities.

5. A site plan indicating the proposed location of each temporary toilet facility on the subject property. The site plan shall indicate all improvements current at the time of application and the dimensional setback from each temporary toilet facility to property lines. In the case of a construction project, the site plan shall indicate all proposed improvements.

b. The Zoning Officer, or his designee, will review the application for completeness and conformance with the terms of this subsection and will either approve or deny the application within 10 business days from the date of submission of the application.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

(4) Rules and regulations.

a. Location on property. All temporary toilet facilities shall be located on the property in accordance with the following provisions:

1. Temporary toilet facilities, utilized within the R-S Zone District, shall not be located within any required side yard area.

2. Temporary toilet facilities, utilized within the R-S Zone District and located within a required front yard area, shall have a minimum setback of five feet from the front property line and a minimum setback of 10 feet from the side property lines.

3. Temporary toilet facilities, utilized within the R-S Zone District and located within a required rear yard area, shall have a minimum setback of 10 feet from the rear and side property lines.

4. Temporary toilet facilities, utilized within all zone districts other than the R-S Zone District, shall be located within the required rear yard area and shall conform to the setback requirements for accessory structures.

5. The door of each temporary toilet facility shall face towards the interior of the lot and shall be directed away from adjacent properties and the public right-of-way.

b. Security.

1. Each temporary toilet facility shall contain a locking device suitable to secure the facility and prohibit entry when it is not in use.

2. Temporary toilet facilities at construction sites shall be locked in order to prohibit entry at all times when there is no construction activity on the site.

c. Maintenance.

1. Each temporary toilet facility shall be maintained in a sanitary condition so as not to create foul odors, attract flies or other insects, or otherwise create a public health nuisance.

2. Installation, servicing and removal of temporary toilet facilities shall only occur Monday through Friday between the hours of 8:00 a.m. and 6:00 p.m.

(5) Administration and enforcement; revocation of permit; violations and penalties.

a. The Building Department of the Township of Teaneck is authorized to administer the provisions of this subsection.

b. The provisions of this subsection shall be enforced by the Zoning Officer, or his designee, the Health Officer, or his designee, or the Police Department of the Township of Teaneck.

c. Any permit issued pursuant to this subsection may be revoked by the Zoning Officer, at any time, if the conditions under which the permit was issued have been violated.

d. Any person who violates any provision of this subsection shall, upon conviction thereof, be punished by a fine not to exceed $500. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.

(j) Community residences, family day-care homes, and child-care centers.

[Added by Ord. No. 2-2022, 1-18-2022]

(1) The following uses shall be permitted in all residential districts:

a. Community residences for persons with developmental disabilities, subject to the definition in N.J.S.A. 40:55D-66.2a.

b. Community shelters for victims of domestic violence, subject to the definition in N.J.S.A. 40:55D-66.2b.

c. Community residences for persons with head injuries, subject to the definition in N.J.S.A. 40:55D-66.2c and subject to the definition in N.J.S.A. 40:55D-66.2d.

d. Community residences for persons with terminal illnesses, subject to the definition in N.J.S.A. 40:55D-66.2e.

e. Adult family care homes for persons who are elderly and adults with physical disabilities.

(2) Family day-care homes shall be permitted in all residential districts.

a. Family day-care homes shall meet the definition at N.J.S.A. 40:55D-66.5b, Subsection d.

b. Pursuant to N.J.S.A. 40:55D-66.5b, Subsection b, in condominiums, cooperatives and horizontal property regimes that represent themselves as being primarily for retirees or elderly persons, or which impose a minimum age limit tending to attract persons who are nearing retirement age, deed restrictions or bylaws may prohibit family day-care homes from being a permitted use.

(3) Child-care centers for which, upon completion, a license is required from the Department of Human Services shall be permitted in all nonresidential districts.

(k) General landscape buffer requirements. All nonresidential uses adjoining or abutting a residential zone or use shall provide a landscaped buffer in accordance with the standards and specifications of § 33-15(s).

[Added by Ord. No. 2-2022, 1-18-2022]

(l) Solar panel installations.

(1) Rooftop solar energy systems shall be a permitted accessory use in all zones, subject to the following conditions:

a. Solar energy systems may be installed only as an accessory use on the roof of a permitted principal or accessory structure.

b. Before any solar panel may be installed, plans for such installation shall be submitted to the Township Building Department and Township Fire Official. No solar panel shall be installed without a permit issued by the Township.

c. The design of the solar energy system shall conform to all applicable industry standards, including the New Jersey Uniform Construction Code, the International Building Code, the National Electrical Code and the Township Building or Zoning Regulations.

d. Solar energy systems installed upon a sloped roof shall not exceed a height of 18 inches above the surface of the roof.

e. A solar energy system mounted onto a flat roof may be angled to achieve maximum sun exposure, but shall not exceed 36 inches in height in all zones.

f. Rooftop solar energy systems shall be excluded in the calculation of building height if conforming to Subsection l(1)d or e above.

g. Unless otherwise restricted by applicable building code, all roof-mounted solar energy systems shall be installed at least three feet from every edge of the roof.

(2) Solar canopy energy systems mounted on a canopy or carport structure within a parking lot shall be a permitted accessory use in all nonresidential and mixed-use zones, subject to the following conditions.

a. Such systems may be installed only in parking lots containing 20 or more spaces.

b. The setback of a solar canopy energy system to the property line shall be a minimum of 10 feet.

c. The maximum height of a solar canopy energy system shall be 14 feet, measured from the ground/deck to the highest point of the structure, including the panels.

d. The structure shall not interfere with safe and efficient pedestrian or vehicular circulation.

e. Any loss of parking spaces associated with the installation of a solar carport energy system shall conform to the requirements of § 33-28 or any previously granted approvals by the Planning Board or Zoning Board of Adjustment.

Sec. 33-24 Zone district requirements.

[Ord. No. 1811, § 25; amended by Ord. No. 1821, § 1; Ord. No. 1859, 5-27-1980, § 8; Ord. No. 1941, 2-2-1982, § 3; Ord. No. 1968, 10-19-1982, § 3; Ord. No. 2042, 7-9-1984, §§ 6, 7; Ord. No. 2044, 7-9-1984, §§ 2, 3, 4, 5, 6, 7, 8, 9, 10: Ord. No. 2056, 9-18-1984, § 1; Ord. No. 2081, 5-7-1985, §§ 1, 2; Ord. No. 3025, 1-21-1986, § 1; Ord. No. 3059, 10-21-1986, § 1; Ord. No. 3269, 6-26-1990, §§ 2, 3; Ord. No. 3346, 3-9-1993, § 2; Ord. No. 3373, 10-26-1993, § 1; Ord. No. 3387, 4-12-1994, § 1; Ord. No. 3438, 11-14-1995, § 2; Ord. No. 3474, 10-8-1996, § 2; Ord. No. 3498, 5-13-1997, §§ 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10; Ord. No. 3576, 12-15-1998, §§ 1, 2; Ord. No. 3590, 4-27-1999, §§ 1, 2; Ord. No. 3747, 2-25-2003, § 5; Ord. No. 3908, 10-6-2005, § 2; Ord. No. 3963, 9-5-2006, § 4; Ord. No. 4015, 8-21-2007, §§ 1, 2, 3; Ord. No. 4037A, 11-20-2007, § 3; Ord. No. 4038A, 11-20-2007, § 3; Ord. No. 4039, 12-3-2007, § 1; Ord. No. 4044, 11-20-2007, § 1; Ord. No. 4072, 5-27-2008, §§ 1, 2, 4; Ord. No. 4130, 6-23-2009, § 3; Ord. No. 4135, 6-23-2009, § 1; Ord. No. 4181, 4-27-2010, § 1; at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

See §§ 33-24.1 through 33-24.33 for requirements pertaining to each zoning district. (NOTE: Sections 33-24.1 through 33-24.33 were derived from former Subsections (a) through (ee) of this section. Historical notations applicable to this section may also be applicable to §§ 33-24.1; 33-24.2; 33-24.5; 33-24.8 through 33-24.12; and 33-24.14 through 33-24.24.)

Sec. 33-24.1 R-S Residential Single-Family Detached District.

(a) Permitted principal uses. Single-family detached dwellings.

(b) Permitted accessory uses.

(1) Home occupation, provided that no more than three business invitees shall be on the premises at any one time, except in the case of a day-care facility; that shipments and deliveries to and from the home are limited to no more than two times per calendar week by vehicles whose maximum cargo load shall not exceed 5,000 pounds (i.e., cube vans or box vans); and that the business is restricted to one room of the house in the principal living space.

(2) Home professional office, provided that the office shall employ no more than two persons other than the resident professional.

(3) Swimming pool installed and used in accordance with Chapter 34 of the Township Code and all other health, safety and development ordinances which relate to water filtration, circulation and treatment; fencing; noise control; and lighting.

(4) Private garage, with space for not more than three motor vehicles.

(5) Boarders or roomers, in accordance with the following regulations:

a. There shall be no display or advertising on the premises in connection with such use.

b. The dwelling shall be owner-occupied, and the use of the premises by the boarders or roomers shall be of a permanent and domestic character, not transient.

c. No more than two boarders and/or roomers in any one dwelling.

d. The accommodations for said boarders or roomers shall not include food storage or food preparation facilities.

e. The accommodations for said boarders or roomers shall not be structurally separated from the living quarters of the owner-occupant by a separate outside entranceway or by an internal partition, other than a door separating the sleeping accommodations of the roomer or boarder from the rest of the dwelling.

(6) Tennis courts, in accordance with the following regulations:

a. They shall not be used for commercial purposes.

b. They shall not be erected in the front yard.

c. They shall be set back from side and rear property lines a minimum of the height of backstops and sidestops, but not less than eight feet. Said backstops and sidestops shall not exceed 12 feet in height.

d. A buffer area shall be provided between the tennis court or courts and any adjoining residential properties, in accordance with the standards and specifications of § 33-15(s).

e. No artificial lighting shall be maintained or operated in connection with any tennis court after 10:00 p.m., and loud and unnecessary noises shall be prohibited and enforced under the Health and Sanitation Code, § 21-15, and any other appropriate ordinances.

(7) One storage shed and one storage bin, in accordance with the following regulations:

a. Storage sheds shall not exceed 120 square feet in area and nine feet in height.

[Amended by Ord. No. 4281, 1-22-2013]

b. Storage bins shall not exceed 40 square feet in area and four feet in height.

c. Storage sheds and bins shall not be used for human occupancy.

(8) Satellite antennas, subject to the following conditions:

a. The satellite antenna shall be used for receiving signals only; transmission is prohibited. The installation shall be for the benefit of the residents of the dwelling and not for the benefit of off-site users.

b. There shall be no more than one satellite antenna per lot, regardless of the number of dwelling units on the lot.

c. Installation may be either on the roof or on the ground. In both cases, the installation shall be adequately screened to minimize visibility from adjacent properties. If ground-mounted, the apparatus shall not be located in any front yard or side yard and shall not exceed the height of the principal building located on the lot. The permit application shall be accompanied by a screening plan and, for roof-mounted antennas, written certification from a structural professional engineer that the installation will be resistant to a 100-mile-per-hour wind.

d. The height of the apparatus (including antenna supports) shall not exceed nine feet. The surface area of the reflective dish shall not exceed 50 square feet, and the diameter of the reflective dish shall not exceed eight feet.

(9) Other accessory uses customarily associated with single-family dwellings, provided that such uses are subordinate to the principal use, do not change the character of the principal use and serve only the principal use.

(10) Temporary use of storage and refuse containers, subject to the provisions of Article XII of Chapter 11 of the Code of the Township of Teaneck.

(11) Basketball poles, hoops and backboards shall be permitted within both the front yard and rear yard setbacks provided they do not violate any setback requirements that may exist on any filed maps or violate any deed restrictions.

[Added by Ord. No. 41-2015, 12-15-2015; amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

(12) Temporary tents, subject to the requirements of § 33-24(a)(4)e5 hereof.

[Added by Ord. No. 27-2017, 9-5-2017; amended by Ord. No. 16-2018, 6-19-2018]

(c) Conditional uses.

[Amended by Ord. No. 2-2022, 1-18-2022]

(1) Home professional offices employing no more than six persons other than the resident professional, subject to the provisions of § 33-25 of this chapter.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

(2) Public and private nursery, elementary and secondary schools, but not trade or business schools, subject to the provisions of § 33-25 of this chapter.

(3) Quasi-public buildings and recreation areas, subject to the provisions of § 33-25 of this chapter.

(4) Houses of religious worship, subject to the provisions of § 33-25 of this chapter.

(d) Dimensional, density and other bulk restrictions.

(1) Minimums.

[Amended by Ord. No. 30-2016, 1-17-2017]

Type	Minimum Requirement
Lot area	7,500 square feet or the average of the areas of lots fronting on both sides of the street to the nearest intersections, whichever is greater
Lot width	75 feet
Front yard setback	25 feet, or with respect to new construction or new additions which project into the existing front yard setback, 25 feet or the average of existing setbacks along the same side of the street of 2 lots to the left and 2 lots to the right of the property proposed to be developed, whichever is greater In the event that there are fewer than 2 lots to either side of the lot to be developed, then a total of 4 lots shall be used in the calculation of the average setback; in the event that there are fewer than 5 lots along the street block, then all lots shall be used in the calculation of the average setback
Side yard setback
60-foot or greater in width	10 feet or 15% of lot width, whichever is greater
Less than 60-foot in width	7 feet
Side yard width, combined	30% of lot width
Rear yard depth	25 feet, notwithstanding the foregoing limitations, the second story of any single-family residential building which otherwise complies with the rear yard setback requirements may be cantilevered a maximum of 24 inches into the rear yard without violating the rear yard setback requirements

(2) Maximums.

[Amended by Ord. No. 30-2016, 1-17-2017; Ord. No. 33-2022, 8-9-2022]

Type	Maximum Requirement
Building coverage	25% for lots 6,000 square feet or greater in size 30% for lots less than 6,000 square feet in size Notwithstanding the foregoing limitations, the second story of any single-family residential building which otherwise complies with the building coverage requirements may be cantilevered a maximum of 24 inches into the rear yard without violating the building coverage requirements
Lot coverage	40% for lots 6,000 square feet or greater in size 47% for lots less than 6,000 square feet in size Notwithstanding the foregoing limitations, the second story of any single-family residential building which otherwise complies with the lot coverage requirements may be cantilevered a maximum of 24 inches into the rear yard without violating the lot coverage requirements
Building height, principal building	35 feet
Building height, accessory building	15 feet

(3) Permissible deviation from lot width standard. Notwithstanding the foregoing, a lot width of less than 75 feet shall be sufficient for a single-family detached dwelling if:

a. Two-thirds of the total building lots fronting on both sides of the street on the street block in which the lot is located contain lot widths not greater than the subject lot.

b. Not more than 1/3 of the building lots fronting on both sides of the street on the street block are vacant.

c. The subject lot contains no less than a fifty-foot width and a 5,000-square-foot area.

d. The subject lot is not a corner lot.

e. If the opposite side of the street contains a zone district other than the R-S District, the lots to be considered in computing the above percentages shall include only those in the R-S District.

(4) Permissible deviation from lot coverage standard. Notwithstanding the foregoing, a lot with less than a sixty-foot frontage and containing a lot area not exceeding 6,000 square feet and where there exists a detached garage located within the rear yard, the lot coverage of the driveway area only shall be calculated as follows:

a. The square foot area of the driveway located within the front yard shall be multiplied by a factor of 100%.

b. The square foot area of the driveway located within the side yard and rear yard shall be multiplied by a factor of 50%.

c. The total driveway area, for the purpose of calculating lot coverage, shall be the sum of the above areas.

d. This provision shall not apply if the subject lot is a corner lot.

(5) Accessory structures.

a. In general.

[Amended by Ord. No. 4281, 1-22-2013]

1. Unless otherwise specified herein, an accessory structure which is attached to a single-family dwelling shall comply with the yard requirements for the principal dwelling. A detached accessory structure shall be located behind the front building line of the principal dwelling.

2. If located in a side yard, it shall conform to the side yard requirements for the principal dwelling. If located in a rear yard, it shall be located no closer to the rear property line than the height of the accessory structure or 12 feet, whichever is less, except that storage sheds and detached garages may be located no closer than three feet to the rear and side property line. All accessory structures, other than in-ground swimming pools, shall occupy no more than 20% of the rear property area. If located in a side yard of a corner lot, storage sheds and detached garages shall be set back a minimum of 50% of the lot depth from each respective street line and may be located no closer than three feet to either side property line.

b. Swimming pools. A swimming pool shall be located no closer than eight feet to a rear or side property line, measured from the nearest water line of the pool to the respective property line of the property. It shall be located no closer than five feet to the principal dwelling or any accessory structure.

c. Generators within the side yard shall be set back a minimum of five feet from the side property line. Routine testing of such generators shall only be conducted between the hours of 9:00 a.m. and 5:00 p.m.

[Added by Ord. No. 14-2015, 3-24-2015]

d. Air-conditioning units within the side yard shall be set back a minimum of five feet from the side property line.

[Added by Ord. No. 29-2016, 1-17-2017]

e. Temporary tents shall be permitted within the front yard subject to the following conditions:

[Added by Ord. No. 27-2017, 9-5-2017; amended by Ord. No. 16-2018, 6-19-2018]

1. Tents shall be permitted for a period not in excess of seven days, starting from the time construction is first commenced and ending at the time the tent is completely removed.

2. Tents shall not exceed a height of 15 feet.

3. Tents shall be set back a minimum of three feet from any property line.

(e) Other provisions and requirements.

(1) Signs. See § 33-18(c) of this chapter.

(2) Off-street parking. See § 33-28 of this chapter.

(3) Open and extended storage of recreational vehicles. The storage of a recreational vehicle out of doors and for more than 72 hours in the R-S District is prohibited, unless:

a. The recreational vehicle is owned by a person who resides in the dwelling or is an invitee of a resident and is owned for pleasure and not for sale or other commercial purposes.

b. The recreational vehicle does not exceed 45 feet in length, including hitching device.

c. The vehicle is not stored within a sight triangle.

d. A zoning permit is obtained in accordance with § 33-23 hereof. Site plan approval shall not be required.

e. In addition to Subsection (e)(3)a through d above, for recreational vehicles which do not exceed 25 feet:

1. The recreational vehicle is screened from adjoining properties so as not to be visible from ground level, in accordance with the standards and specifications of § 33-15(s).

2. The recreational vehicle is located no closer than two feet to any building or structure or to any property line and, if a corner lot, is located no closer to the secondary street than the required building setback line from said secondary street.

f. In addition to Subsection (e)(3)a though d above, for recreational vehicles which exceed 25 feet but are no greater than 45 feet:

1. In addition to any screening requirements of § 33-15(s), a six-foot-high privacy fence is installed for the length of the vehicle.

2. A two-inch-caliper deciduous tree is installed between the vehicle and the property line for each 13 feet of vehicle length or portion thereof. This requirement may be waived by the Zoning Officer if the Zoning Officer determines that existing trees satisfy the requirements of this section.

3. The recreational vehicle is located not less than seven feet from the side or rear property line.

4. The recreational vehicle is not parked in the front yard.

(4) Front yard parking or placement prohibited. No permanent pool, motor vehicle or recreational vehicle shall be permitted in a front yard, except that, subject to the extended parking requirements of Subsection (e)(3) above, motor vehicles and recreational vehicles which do not exceed 25 feet in length may be parked in a driveway. Nothing herein contained shall be deemed to permit open parking or placement of a motor vehicle or recreational vehicle which is in a state of disrepair or partial construction.

(5) Commercial vehicles. As used herein, "commercial vehicle" shall mean a motor vehicle designed for and adapted to commercial purposes, regardless of the use of such vehicle at any particular time. A vehicle bearing a commercial legend, name or other form of advertising on its body and/or displaying commercial plates shall be deemed to be a commercial vehicle. No commercial vehicle greater than 20 feet in length or 6 1/2 feet in height shall be parked out of doors in the R-S District at any time unless its operator is in the process of rendering the commercial service and the vehicle is parked only for the duration of such service. No more than one commercial vehicle of less than 6,500 pounds gross vehicle weight in capacity may be garaged on a lot in the R-S District. No commercial vehicle of 6,500 pounds gross vehicle weight in capacity or greater rated capacity may be garaged in the R-S District. Commercial vehicles 20 feet in length or less or 6 1/2 feet in height or less, if not garaged or otherwise parked under cover or if not in the process of rendering a commercial service and parked only for the duration of such service may be parked out of doors in the R-S District, provided that all commercial writing on the vehicle is covered by an opaque, closely fitted screen, made of durable material, and further provided that the vehicle is parked in the driveway.

(6) Limitations on side yard paving.

[Amended by Ord. No. 4281, 1-22-2013; Ord. No. 26-2017, 9-5-2017; Ord. No. 17-2022, 6-14-2022]

a. Improved surfaces, including, but not limited to, asphalt, concrete and concrete pavers, are prohibited in any side yard, except as a walkway or driveway, subject to the following conditions:

1. Any such improved surfaces shall be subject to the impervious surface coverage limitations.

2. Any such permitted driveway shall be not less than nine feet wide.

3. Any such permitted walkway shall be no wider than three feet.

4. Only one such driveway and one such walkway shall be permitted in a side yard.

5. There shall be a separation between any such driveway and walkway of two feet of unimproved area or if placed adjacent to each other a height difference of six inches.

6. There shall be a minimum buffer of two feet of unimproved area from the side property line and any such driveway, up to a maximum of 12 feet in width, or any walkway.

7. For driveways or driveway maneuvering areas in excess of 12 feet in width, there must be a minimum buffer of seven feet of unimproved area from any side property line and any such driveway or driveway maneuvering area.

8. A six-foot-high solid fence or plantings at least six feet in height and spaced to as to screen any vehicle lights from adjoining properties shall be installed along the side property line for the full length of any driveway or driveway maneuvering area in excess of 12 feet in width. A native deciduous tree of a type approved by the Township, minimum two-inch caliper, shall be planted between the improved surfaces and the side property line for each garaged vehicle space. Any tree installed as a requirement of this section shall be maintained by the property owner for as long as the maneuvering area remains in place.

b. On corner lots only, improved surfaces, including, but not limited to, asphalt, concrete and concrete pavers, may be located within a side yard. Except for driveways and walkways, such improved surfaces must be set back a minimum of 50% of the lot depth from each respective street line.

(7) Circular driveways. Notwithstanding § 33-24.1(d)(2) and (4), and § 33-28(b)(6)a and c, circular driveways in front yards shall be permitted for single-family homes in the R-S Residential Single-Family Detached District, but only under the following conditions:

[Amended by Ord. No. 40-2021, 10-26-2021]

a. The front yard upon which such circular driveway shall be permitted shall be a primary or secondary arterial or collector street as set forth in the Teaneck Master Plan. Corner lots shall be deemed to have frontage on both intersecting streets;

b. The frontage of the front yard upon which the circular driveway is located shall not be less than 50 feet;

c. There shall be no more than two driveways permitted, each of which shall be no more than 12 feet wide, and separated from one another on the lot by no less than 30 feet;

d. The setback of the garage and the principal building to the front lot line shall not be less than 30 feet;

e. Not more than 75% of the front yard shall be paved.

Table 1 List of Streets Upon Which Circular Driveways May Be Permitted [subject to the standards in § 33-24.1(e)(7), Circular driveways]
Arterials
	Teaneck Road (County Route 39)
	Queen Anne Road
	Palisade Avenue (south of Tryon Avenue)
	Windsor Road (north of Sagamore Avenue)
	River Road (County Road)
	Fort Lee Road (west of Teaneck Road) (County Route 564)
	DeGraw Avenue (County Route 563)
	Cedar Lane (west of Teaneck Road) (County Route 60)
	Forest Avenue (east of Teaneck Road) (County Road)
	Tryon Avenue
	New Bridge Road (east of River Road) (County Route 493)
	Roemer Avenue (County Route 492)
	Liberty Road/Ivy Lane (County Route 493)
	Hargreaves Avenue
Collectors
	Glenwood Avenue
	Van Cortland Terrace
	Windsor Road (south of Sagamore Avenue)
	Park Avenue
	American Legion Drive
	Garrison Avenue/Sussex Road
	Larch Avenue
	Lincoln Place (south of Beverly Road)
	Elm Avenue
	E. Lawn Drive
	Fort Lee Road (west of Teaneck Road)
	Fycke Lane
	Lindbergh Boulevard
	Cedar Lane (east of Teaneck Road)
	Beverly Road (east of Lincoln Place)
	Forest Avenue (east of Queen Anne Road, west of Teaneck Road)
	State Street
	Englewood Avenue
	West Englewood Avenue
	Ward Plaza
	Sagamore Avenue (east of Garrison Avenue)
	Grayson Place

Sec. 33-24.2 R-M Residential Multifamily District.

(a) Permitted principal uses.

(1) Single-family detached dwellings.

(2) Single-family attached dwellings.

(3) Two-family dwellings.

(4) Multifamily dwellings.

(5) Lodges, clubs and meeting halls for nonprofit social and/or nonprofit service organizations.

(b) Permitted accessory uses. The same as specified in the R-S District, except that there shall be no more than one satellite antenna per residential multifamily building, and not per lot, regardless of the number of buildings per lot.

(c) Conditional uses.

(1) The same as specified in the R-S District.

(2) Nursing homes, subject to the provisions of § 33-25 of this chapter.

(d) Dimensional, density and other bulk restrictions.

(1) For all uses permitted in the R-S District, the requirements shall be the same as that district.

(2) Single-family attached dwellings; townhouses/rowhouses.

a. Minimums.

1. Lot area: 2,000 square feet.

2. Lot width: 20 feet.

3. Front yard setback: 20 feet.

4. Side yard width, end unit: 10 feet.

5. Rear yard depth: 25 feet.

b. Maximums.

1. Dwelling units per acre: eight.

2. Building coverage, per lot: 40%

3. Lot coverage: 70%.

4. Building height, principal building: 35 feet.

5. Building height, accessory building: 15 feet.

(3) Two-family dwellings.

a. Minimums.

1. Lot area: 6,000 square feet per family.

2. Lot width, semidetached: 50 feet per lot.

3. Lot width, duplex: 100 feet.

4. Front yard setback: 25 feet.

5. Side yard width: 10 feet.

6. Side yard width, total: 20% of lot width.

7. Rear yard depth: 25 feet.

b. Maximums.

1. Building coverage: 30%.

2. Lot coverage: 50%.

3. Building height, principal building: 35 feet.

4. Building height, accessory building: 15 feet.

(4) Multifamily dwellings.

a. Minimums.

1. Lot area: 1 1/2 acres.

2. Lot width: 150 feet.

3. Front yard setback: 30 feet.

4. Side and rear yard setback: 30 feet.

5. Distance between buildings, end-to-end: 30 feet.

6. Distance between buildings, all other: 40 feet.

b. Maximums.

1. Dwelling units per acre: 12.

2. Building coverage: 20%.

3. Lot coverage: 65%.

4. Building height, principal building: 35 feet.

5. Building height, accessory building: 15 feet.

(e) Other provisions and requirements.

(1) Signs. See § 33-18(c) of this chapter.

(2) Off-street parking. See § 33-28 of this chapter.

(3) Open and extended parking of recreational vehicles. The same as specified in the R-S District.

(4) Commercial vehicles. The same as specified in the R-S District.

Sec. 33-24.3 R-M2 Residential Multifamily 2 District.

[Added by Ord. No. 46-2015, 12-15-2015]

(a) Permitted principal uses.

(1) Multifamily dwellings.

(b) Permitted accessory uses.

(1) Off-street parking facilities.

(2) Swimming pool installed and used in accordance with Chapter 34 of the Township Code and all other health, safety and development ordinances which relate to water filtration, circulation and treatment; fencing; noise control; and lighting.

(3) Recreational amenities utilized by residents, including clubhouse, sport courts, fitness centers and game rooms.

(4) Other accessory uses customarily associated with multifamily residential developments, provided that such uses are subordinate to the principal use, do not change the character of the principal use and serve only the principal use.

(c) Dimensional, density and other bulk regulations.

Type	Minimum Requirement
Lot size	5 acres
Lot width	250 feet
Building setbacks
Front	20 feet
One side	10 feet
Both sides	25 feet
Rear	35 feet
Driveway setbacks
To property line	0 feet
To building	5 feet
Parking setbacks (surface)
To property line	0 feet
To building	5 feet
Open space
Surface	15% of lot area
Total (including roof gardens)	30% of lot area
Parking ratios (RSIS)
1-bedroom	1.8 spaces per unit
2-bedroom	2 spaces per unit
3-bedroom	2.1 spaces per unit

Type	Maximum Requirements
Building coverage	50% of lot area
Impervious coverage	70% of lot area
Floor area ratio	1.5
Height
Stories	5
Feet	70
Garage height
Feet	70

(d) Other provisions and requirements.

(1) Signs. See § 33-18(c) of this chapter.

(2) Off-street parking. See § 33-28 of this chapter.

(3) Open and extended parking of recreational vehicles. The same as specified in the R-S District.

(4) Commercial vehicles. The same as specified in the R-S District.

(5) Affordable housing. A minimum of 10% of the units will be designated for low- and moderate-income families in accordance with Uniform Housing Affordability Controls (UHAC). Alternatively, payment in lieu of providing low- and moderate-income units may be provided, at the option of the Township Council, in an amount to be determined by the Council, prior to the developer obtaining final site plan approval, sufficient to provide new, non-age-restricted affordable housing units elsewhere in Teaneck.

Sec. 33-24.4 R-M3 Residential Multifamily 3 District.

[Added by Ord. No. 1-2016, 2-9-2016]

(a) Permitted principal uses.

(1) Multifamily dwellings.

(b) Permitted accessory uses.

(1) Off-street parking facilities.

(2) Swimming pool installed and used in accordance with Chapter 34 of the Township Code and all other health, safety and development ordinances which relate to water filtration, circulation and treatment; fencing; noise control; and lighting.

(3) Recreational amenities utilized by residents, including clubhouse, sport courts, fitness centers and game rooms.

(4) Other accessory uses customarily associated with multifamily residential developments, provided that such uses are subordinate to the principal use, do not change the character of the principal use and serve only the principal use.

(c) Dimensional, density and other bulk regulations.

R-M3 Zone
Standard	Minimum Requirement
Lot size	4 acres
Lot width	250 feet
Building setbacks
Front	35 feet
Side	40 feet
Rear	70 feet
Setback to single-family property line	80 feet
Driveway setbacks
To property line	2 feet
Parking setbacks (surface)
To property line	10 feet
To building	10 feet
Open space
Surface open space	25% of lot area
Total open space (including roof gardens)	35% of lot area
Parking ratios (RSIS)
1-bedroom	1.8 spaces
2-bedroom	2.0 spaces
3-bedroom	2.1 spaces
	Maximum Requirement
Building coverage	40% of lot area
Impervious coverage	80% of lot area
Floor area ratio	1.25
Building height
Stories (including parking level)	5 stories
Feet	66 feet
Density (units per acre)	55

(d) Other provisions and requirements.

(1) Signs. See § 33-18(c) of this chapter.

(2) Off-street parking. See § 33-28 of this chapter.

(3) Open and extended parking of recreational vehicles. The same as specified in the R-S District.

(4) Commercial vehicles. The same as specified in the R-S District.

(5) Affordable housing. Ten percent of the units will be designated for low- and moderate-income families in accordance with Uniform Housing Affordability Controls (UHAC).

Sec. 33-24.5 R-SCH Residential Senior Citizen Housing District.

(a) Zoning regulations,

(1) Minimum lot size, area and dimensions.

a. Minimum lot area: 5 acres.

b. Minimum frontage: 150 feet.

c. Minimum depth: 200 feet.

(2) Minimum yard depths.

a. Front: 25 feet.

b. Side (one): 25 feet.

c. Side (both): 50 feet.

d. Rear: 25 feet.

(3) Maximum building and structure height.

a. Principal and attached accessory building: two stories, 35 feet.

b. Detached accessory buildings: one story, 10 feet.

(4) Minimum height, principal building: one story, 17 feet.

(5) Maximum allowable lot coverage: 30%.

(6) Minimum gross floor area.

a. One bedroom: 500 square feet.

b. Two bedrooms: 550 square feet.

(b) Permitted use: garden apartment housing especially designed and constructed for the use of senior citizens, persons with disabilities and their families. For the purposes hereof, this shall include families in which the head of the household or his or her spouse is a senior citizen or an individual with disabilities, as well as single senior citizens and individuals with disabilities.

(c) Permitted accessory uses. Accessory buildings and uses customarily incidental to the permitted use, and necessary or appropriate for the benefit and well-being of the residents, including recreational and cultural facilities and community cooking facilities sufficient in size and scope to adequately provide for residents and their guests.

(d) Parking. Parking spaces shall be provided in a ratio of 0.4 space for the first bedroom and 0.4 space for each additional bedroom of each dwelling unit, conveniently located with respect to dwelling units.

(e) Other provisions and requirements. All design and development shall comply with applicable minimum standards as promulgated by the United States Department of Housing and Urban Development, or any successor agency, as well as with the rules and regulations set by any agency or agencies of the State of New Jersey having jurisdiction thereof.

(f) Dwelling requirements. At least 51% of the length of the roof ridge must have at least a twenty-two-foot height above the average ground level on three sides of the building, with a minimum height of 17 feet above the average ground level.

(g) Density requirements. The total number of dwelling units shall not exceed 21 per acre.

Sec. 33-24.6 R-SCII Residential Senior Housing II District.

[Added by Ord. No. 15-2017, 7-6-2017]

(a) Permitted principal uses.

(1) Retail sale of goods and services but only on the ground floor, and excluding those retail uses permitted as conditional uses in § 33-25, those retail uses specifically prohibited in § 33-25, as well as § 33-26 of this chapter.

(2) Restaurants, with the exception of fast-food and drive-through restaurants, and only on the ground floor.

(3) Apartments for age-restricted (55 years of age or over) or senior housing (62 years of age of over) households.

(b) Permitted accessory uses.

(1) Off-street parking facilities, including below-grade parking, at-grade parking on the ground floor under a building, or in surface parking lots.

(2) Other customary and accessory uses associated with the permitted principal uses, provided that they are subordinate to the principal use, do not change the character of the principal use and serve only the principal use.

(c) Conditional uses.

(1) None.

(d) Prohibited uses. Prohibited uses as set forth in § 33-26 of this chapter, and uses which are prohibited in the B-R Special Business - Residential District as set forth in § 33-24.11 except that mixed-use developments comprising of age-restricted or senior housing with retail uses shall be permitted.

(e) Dimensional, density and other bulk restrictions.

(1) Minimums.

a. Lot area: 10,000 square feet.

b. Lot width: 100 feet.

c. Lot depth: 100 feet.

d. Setbacks for buildings.

1. Front yard setback from Teaneck Road: zero feet but no more than 10 feet; and from Westervelt Place and Beveridge Street: 20 feet.

2. Side yard setbacks: from adjacent property lines, 10 feet.

3. Rear yard setbacks: 30 feet.

e. Setbacks for parking and driveways.

1. Front setback for parking under a building screened by a wall: zero feet.

2. Front setback for surface parking: 15 feet.

3. Side setback for parking under a building screened by a wall: 10 feet.

4. Side setback for surface parking: 10 feet.

5. Rear setback to parking under a building screened by a wall: 30 feet.

6. Rear setback for surface parking: 10 feet.

7. Setback of driveways on Westervelt Place and Beveridge Street from Teaneck Road: 30 feet.

8. Setback of driveways from adjacent residential uses: 10 feet.

(2) Maximums.

a. Gross residential density: 50 units per acre.

b. Building coverage:

1. Stand-alone retail uses: 25%.

2. Mixed-use/residential only: 50%.

c. Lot coverage:

1. Stand-alone retail uses: 80%.

2. Mixed-use/residential only: 90%.

d. Building height:

1. Stand-alone retail uses: one story/25 feet.

2. Mixed-use/residential only: four stories/45 feet.

(f) Other provisions and requirements.

(1) Off-street parking.

a. Retail uses: parking shall be provided in accordance with § 33-28(b)(3), Minimum off-street parking requirements.

b. Age-restricted or senior housing apartments: one off-street parking space per dwelling unit.

c. Mixed-use developments: The cumulative requirement of the combined retail and apartment parking may be reduced by up to 25%, if credible evidence is provided by a professional traffic engineer that the time of day and day of the week usage patterns indicate that sufficient parking can be provided on site at the coincidental peak parking demand of the combined uses.

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

a. Rental projects: 15% of the total units.

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

(3) In addition, development in the R-SCII District shall comply with all other applicable requirements of Chapter 33, Development Regulations, of the Township of Teaneck, except that where such standards conflict with those enumerated herein, the standards of the R-SCII District shall apply. All development in the R-SCII District shall also comply with the site and building guidelines set forth in § 33-18(i).

Sec. 33-24.7 R-AH Residential Affordable Housing District.

[Added by Ord. No. 8-2014, 4-29-2014]

(a) Permitted principal uses:

(1) Multifamily dwellings.

(b) Permitted accessory uses: accessory uses and structures customarily incidental to the permitted use.

(c) Area, yard and bulk requirements:

(1) Minimums:

a. Lot area: 20,000 square feet.

b. Lot width: 125 feet.

c. Front yard setback for buildings:

1. Teaneck Road: 10 feet.

2. Fort Lee Road: 20 feet.

d. Front yard setback for parking:

1. Teaneck Road: 10 feet.

2. Fort Lee Road: 10 feet.

e. Side yard setback for buildings:

1. Opposite Teaneck Road: 10 feet.

2. Opposite Fort Lee Road: 35 feet.

f. Side yard setback for parking:

1. Opposite Teaneck Road: 10 feet.

2. Opposite Fort Lee Road: 20 feet.

g. Lot area per dwelling unit: 1,050 square feet.

(2) Maximums:

a. Building coverage: 50%.

b. Lot coverage: 70%.

c. Building height:

1. Stories: four stories.

2. Feet: 55 feet.

(d) Other provisions and requirements:

(1) No less than 20% of the total units shall be set aside for low- and moderate-income households, with the income and bedroom distribution in accordance with the Uniform Housing Affordability Controls (N.J.A.C. 5:80-26.1 et seq.).

(2) Off-street parking shall be provided in accordance with the Residential Site Improvement Standards, except that the Planning Board may grant a de minimis exception to such standards upon a showing by the applicant that fewer off-street parking spaces are required to meet the needs of residents of this development. Such off-street parking may be provided at grade with residential units on the second, third and fourth floors.

(3) One two-sided monument sign, no greater than six feet in height, and with a sign face of no greater than 16 square feet, with the name of the project and the street number displayed, shall be permitted, provided such sign is set back at least five feet from the front property line.

(4) A six-foot-high board-on-board fence of wood, simulated wood or PVC shall be provided along all property lines bounded by residential development. A four-foot-high board-on-board fence of the same material and color as the aforementioned six-foot-high fence shall be provided immediately adjacent to those off-street parking spaces which front on Teaneck Road or Fort Lee Road.

(5) A double row of evergreen trees shall be planted within 15 feet of the side yard opposite Fort Lee Road, and within 10 feet of the side yard opposite Teaneck Road, to further screen the project from the adjacent properties. Trees shall be a minimum of six feet in height upon planting and shall be planted 15 feet on center. An outdoor play area or patio area for sitting shall be provided on site with a minimum area of 500 square feet. The remainder of the lot which is not covered by impervious paving shall be attractively landscaped with lawn, shrubs and trees, including the front yard.

(6) In addition, development in the R-AH District shall meet all of the other applicable requirements of Chapter 33, Development Regulations; except that where such standards conflict with those enumerated herein, the standards of the R-AH District shall apply.

Sec. 33-24.8 R-TH Residential Townhouse District.

(a) Permitted principal uses:

(1) Townhouses.

(2) Apartments, but only for inclusionary affordable housing purposes.

(b) Permitted accessory uses:

(1) Open space and accessory recreational structures for the use of residents and their guests only, meeting the same requirements as those in the R-S Zone.

(c) Conditional uses: none.

(d) Dimensional, density and other bulk restrictions.

(1) Minimums:

a. Lot size: two acres.

b. Lot width: 300 feet.

c. Setbacks of buildings:

1. Front of building to a public street: 35 feet.

2. Side of building to a public street: 15 feet.

d. Building setback to property line:

1. Front: 35 feet.

2. Side: 15 feet.

3. Rear: 15 feet.

e. Parking or driveway setback:

1. To property line: five feet.

f. Distance between buildings on the property:

1. Side-to-side: 20 feet.

2. Other: 40 feet.

g. Width of unit: 24 feet.

h. Buffer:

1. Adjacent to existing single-family homes: 15 feet.

2. Adjacent to other uses and property lines, including the public street: five feet.

i. Unit sizes for townhouses or apartments:

1. One-bedroom: 750 square feet.

2. Two-bedroom: 950 square feet.

3. Three-bedroom: 1,100 square feet.

j. Parking, number of spaces: Per Residential Site Improvement Standards (RSIS).

1. Number of enclosed spaces per unit: two per townhouse unit; none per apartment unit.

(2) Maximums:

a. Density: eight units per acre.

b. Coverage:

1. Building: 22.5%.

2. Lot: 45%.

c. Height: 35 feet or three stories, whichever is lesser, measured from the lowest grade to the midpoint of any sloping roof with a pitch of at least six on 12, or to the top of the roof in all other cases.

d. Number of dwelling units per structure: six.

e. No building shall exceed a length of 170 feet.

f. No building shall contain more than two dwelling units in a straight unbroken row, and the exterior wall of each such building shall include a setback or break with a depth of not less than four feet after every two dwelling units.

(e) Other provisions and requirements.

(1) Off-street parking. Off-street parking shall be provided in accordance with the requirements of New Jersey's Residential Site Improvement Standards.

(2) Inclusionary affordable housing and in-lieu contributions.

a. For each eight market-rate units provided, one affordable housing unit, as said term is defined under FHA and COAH rules, shall be provided within the development and, from the exterior, shall be no different in appearance than a market-rate unit.

b. Such units shall meet the affordability requirements per COAH's rules and policies, including, but not limited to, phasing, bedroom distribution, controls on affordability, range of affordability, affirmative marketing, and income qualification.

c. Where the number of units provided within the development is not equal to eight or a number divisible by eight, the following shall apply:

1. When a project provides a minimum of five units or, after dividing the total number of units by eight, leaves a remainder of five or more units, an additional inclusionary affordable housing unit shall be provided. In the case where the number of units is four or less, or if the total number of units divided by eight leaves a remainder of four or less, a pro rata contribution in lieu of providing such a unit shall be paid into the Township's Affordable Housing Trust Fund, for the purposes of providing affordable housing either elsewhere in Teaneck or for other affordable housing purposes.

(f) Design guidelines. The design of all townhouse developments in the R-TH District shall adhere to the residential design guidelines as hereinbelow set forth:

(1) Entries.

a. Elevation. The primary entry and first floor of living space is encouraged to be elevated at least 24 inches above grade by use of a base foundation, or a basement level.

b. Articulation.

1. The primary entry to a dwelling should be emphasized through stairs and a porch, crown, overhang, projecting bay, or other element that provides shelter at the doorway. Unadorned entries that are flush and "punched out" of the facade are discouraged. Examples of methods to highlight an entry are:

[i] Doorway in bay projecting at least three feet from the primary facade plane with a prominent cross gable, usually steeply pitched.

[ii] Doorway accentuated by a stoop with decorative crown surrounded by pilasters, or extended forward and supported by slender columns to form a modest entry porch.

[iii] Doorway accentuated by a wide front porch extending at least halfway across the front facade width.

2. Standalone full-height columns flanking an entry are only appropriate in combination with symmetrical facade design, vertically proportioned windows with shutters, and an entry porch spanning the full height and/or the full width of the building. Such columns should not be of brick.

c. Pattern and glazing.

1. The number and spacing of columns, pilasters, fanlights, or sidelights framing front doors should be symmetrical, placed evenly on both sides of door.

2. Front doors should be paneled, with or without glazing.

3. Front doors should be single. Double or French-door style front doors are strongly discouraged.

(2) Windows.

a. Proportions.

1. Each window should be rectangular and vertically proportioned (height greater than width), and double-hung.

2. Palladian windows, rounded top windows, or round-top arches over windows are permitted only if the entire window is contained within one story. Such windows may not project into the eave or cornice line of the roof, or into the floors above.

3. Horizontally proportioned windows are discouraged. To create a wider expanse of windows, vertically proportioned windows may be paired or tripled side-by-side, but only with a dividing structural member between each window.

b. Articulation.

1. If shutters are used, they should be of correct width to cover the window if closed. Shutters should not be used for paired or tripled window clusters.

2. Windows with multipane glazing are encouraged, but only with true divided panes with mullions and muntins that cast a shadow on the glass. Panes may be either on both the top and bottom half, or just on the top half of window.

3. Single-pane or plate glass picture windows are strongly discouraged.

c. Placement and spacing.

1. The pattern of windows should be symmetrically spaced on the front facade of the building and any street-facing elevations, not randomly placed.

2. Windows on upper and lower stories should be vertically aligned atop each other and should not be staggered or randomly placed.

3. Window placement may be more random on the interior of the lot, that is, not facing the street or adjacent property, and at rear of buildings.

4. Windows should not project above the cornice line of each story or into the gabled roofline. An extension of windows into the floor above, mimicking a dormer window, is strongly discouraged because this implies one tall loft-style floor rather than a separate floor or attic space. Distinct dormer windows that suggest a separate (typically third) floor are encouraged.

(3) Materials.

a. Finished materials should extend around all sides of the relevant element of a building. Applications such as a short return around corners give the appearance of pasted-on veneer and shall be avoided. For example, a brick veneer should not be pasted onto a building with wood sides.

b. A change in materials should be used to reflect or highlight different massing elements; for example, a projection or a cross-gabled bay may have a different material. Materials should not change between floors without an intervening cornice, belt course, projecting eave, or porch.

c. Preferred primary building facing materials are dark red brick, wood stick, and stucco.

d. Stonework should only be used in limited quantities to highlight building bases or entries, and should appear to be load-bearing.

e. EIFS material is strongly discouraged.

f. No more than two primary materials should be used per building.

g. For brick facades, decorative or varied brickwork around entries and windows is encouraged.

h. Sheets or panels of brick or stone facing should have carefully grooved seams to avoid obvious seams and a pasted-on appearance.

(4) Rooflines.

a. Cross-gabled, center gable, and hipped roofs are encouraged.

b. The slope of pitched portions of gabled, gambrel, or hipped roofs should be between 5V:12H and 12V:12H.

c. If street-facing building mass is more than 50 feet wide, the roofline shall be broken up using cross gables, a hipped roof, and/or dormer windows.

(5) Chimneys. No exterior chimneys should be located on the front facade. Exterior chimneys must be in middle of the side facade, or at the rear facade.

(6) Garages.

a. The placement of a garage must be secondary to the building entry, using one or both of the following two methods:

1. The garage entry and any building mass above it shall be recessed at least three feet from the primary facade plane of the residence and from primary entry; or

2. The garage entry shall be flush with the primary facade plane, but recessed at least halfway below grade (that is, the garage floor shall be at least four feet below grade), with a sloping driveway.

b. Rear garages, whether separate or attached, driveway or alley-accessed, are encouraged.

c. Side-loading garages (which do not face the street) are also encouraged, provided they meet the placement requirements described above.

d. Each garage bay shall not exceed 11 feet in width, and garage doors may not exceed 10 feet in width.

e. Each garage bay shall have its own door and doorway; double-wide garage doors are strongly discouraged.

f. Garage doors should be paneled, with or without glazing. Stable-style side-hinged doors and glazing are encouraged.

Sec. 33-24.9 B-1 Business - Retail District.

(a) Permitted principal uses.

[Amended by Ord. No. 31-2022, 8-9-2022; Ord. No. 18-2023, 4-18-2023]

(1) Retail sales of goods and services, except as specifically prohibited in § 33-26 of this chapter.

(2) Offices, financial institutions and business schools; provided, however, that offices and business schools shall not be permitted on the first floor along Cedar Lane frontage between Elm Street and the railroad.

(3) Cabarets and restaurants, including fast-food restaurants, but such fast-food restaurants shall be limited to the following areas:

a. The B-1 District which fronts upon Cedar Lane, between Elm Avenue and the railroad right-of-way only.

b. The B-1 District in the West Englewood Plaza, in its entirety.

c. The B-1 District which fronts upon Queen Anne Road and/or DeGraw Avenue.

d. In all other portions of the B-1 District, fast-food restaurants shall be conditional uses.

(4) Funeral homes.

(5) Theaters, assembly halls, and bowling alleys.

(6) Apartments over commercial uses.

(7) Single-family dwellings, detached or attached, with frontage on Beverly Road.

(b) Permitted accessory uses. Uses customarily incidental to the permitted principal uses.

(c) Conditional uses.

(1) Motor vehicle service stations and public garages, subject to the provisions of § 33-25 of this chapter.

(2) Nursing homes, subject to the provisions of § 33-25 of this chapter.

(3) Fast-food restaurants, subject to the provisions of § 33-25 of this chapter.

(4) Car washes, subject to the provisions of § 33-25 of this chapter.

(5) Tire distribution centers, subject to the provisions of § 33-25 of this chapter.

(6) Wireless communications towers and antennas, subject to the provisions of § 33-25 of this chapter.

(7) Drive-through facilities, subject to the provisions of § 33-25 of this chapter.

[Added by Ord. No. 5-2021, 2-23-2021]

(d) Dimensional, density and other bulk restrictions.

(1) Minimums.

a. Lot area: none.

b. Lot width: none.

c. Front yard setback: the average of existing setbacks along the same side of the street to the nearest intersections.

d. Side yard width: none.

e. Rear yard depth: 20 feet.

(2) Maximums.

a. Building coverage: 25%, unless off-street parking is not required under § 33-28(b)(1), in which case maximum building coverage shall be 80%.

b. Lot coverage: 80%, unless off-street parking is not required under § 33-28(b)(1), in which case maximum lot coverage shall be 100%.

c. Building height, principal building: 35 feet.

d. Building height, accessory building: 15 feet.

(e) Other provisions and requirements.

(1) Signs. See § 33-18(c) of this chapter.

(2) Off-street parking; loading and unloading. See § 33-28 of this chapter.

(3) Frontage on Beverly Road. Within 100 feet of the street line of Beverly Road, between Garrison Avenue and Elm Avenue, the only nonresidential permitted use shall be off-street parking accessory to a building with frontage on Cedar Lane, and a buffer area and screening shall be provided in accordance with the standards and specifications of § 33-15(s).

(4) If the subject property abuts a residential district, a buffer and screening shall be provided, in accordance with the standards and specifications of § 33-15(s).

Sec. 33-24.10 B-2 Business - Office District.

(a) Permitted principal uses.

(1) Offices, financial institutions and business schools.

(2) Medical and dental clinics.

(3) Funeral homes.

(4) Municipal, county, state and federal buildings and uses.

(b) Permitted accessory uses. Uses customarily incidental to the permitted principal uses, including satellite antennas, subject to the following conditions:

(1) Satellite antennas shall be used for receiving signals only; transmission is prohibited. Reception may be for the benefit of off-site users.

(2) There shall be no more than two satellite antennas per lot.

(3) Installation may be either on the roof or on the ground. In both cases, the installation shall be adequately screened to minimize visibility from adjacent properties. If ground-mounted, the apparatus shall not be located in any front yard or side yard and shall not exceed the height of the principal building located on the lot. The permit application shall be accompanied by a screening plan and, for roof-mounted antennas, written certification from a structural professional engineer that the installation will be resistant to a 140-mile-per-hour wind.

(4) The height of the apparatus (including antenna supports) shall not exceed 20 feet. The surface area of the reflective dish shall not exceed 200 square feet, and the diameter of the reflective dish shall not exceed 16 feet.

(c) Conditional uses.

(1) Nursing homes, subject to the provisions of § 33-25 of this chapter.

(2) Residential multifamily and single-family attached dwellings, subject to the limitations set forth in the R-M District.

(3) Wireless communications towers and antennas, subject to the provisions of § 33-25 of this chapter.

(4) Drive-through facilities, subject to the provisions of § 33-25 of this chapter.

[Added by Ord. No. 5-2021, 2-23-2021]

(d) Dimensional, density and other bulk restrictions.

(1) Minimums.

a. Lot area: 15,000 square feet.

b. Lot width: 100 feet.

c. Front yard setback: 15 feet, except as hereinafter set forth.

d. Side yard width: 10 feet.

e. Rear yard depth: 20 feet, except as hereinafter set forth.

(2) Maximums.

a. Building coverage: 30%.

b. Lot coverage: 65%.

c. Building height, principal building: 44 feet.

d. Building height, accessory building: 15 feet.

(e) Other provisions and requirements.

(1) Signs. See § 33-18(c) of this chapter.

(2) Off-street parking; loading and unloading. See § 33-28 of this chapter.

(3) The minimum front yard setback for a building up to 35 feet in height shall be 2/3 of the height of the building, to the nearest foot. For a building greater than 35 feet in height, the minimum front yard setback shall be 23 feet plus one foot for each foot or fraction thereof of building height in excess of 35 feet. In no case, however, shall the front building line be closer to the street line than the average of existing front yard setbacks along the same side of the street to the nearest intersections.

(4) The minimum rear yard depth shall also correlate to the height of the building, in the same proportions as set forth above for front yard setback.

(5) If the subject property abuts a residential district, a buffer and screening shall be required, in accordance with § 33-15(s).

(6) A minimum of 20% of the lot area shall be landscaped.

Sec. 33-24.11 B-R Special Business - Residential District.

(a) Permitted principal uses. The following principal uses shall be permitted in the B-R Zoning District:

[Amended by Ord. No. 18-2023, 4-18-2023]

(1) Single-family dwellings, detached;

(2) Single-family dwellings, attached;

(3) Two-family dwellings;

(4) Retail sales of goods and services, subject to the conditions of the conditional uses provided by § 33-25, and except as specifically prohibited within this section as well as § 33-26 of this chapter;

(5) Offices and business schools; provided, however, that said uses shall not be permitted on the first floor along the Teaneck Road frontage;

(6) Cabarets and restaurants, with the exception of fast-food drive-through restaurants;

(7) Funeral homes;

(8) Theaters and assembly halls;

(9) Municipal, county, state and federal buildings and uses, subject to the conditions for the conditional uses provided by § 33-25, and except as specifically prohibited within this section and § 33-26 of this chapter;

(10) Public and private schools serving grades K-12; child-care centers and nursery schools, subject to the conditional uses provided by § 33-25 of this chapter;

(11) Financial institutions.

(b) Permitted accessory uses: uses customarily incidental to permitted principal uses.

(c) Conditional uses: subject to the conditions for the conditional uses provided by § 33-25 except as specifically prohibited within this section and § 33-26 of this chapter:

(1) The conditional uses permitted, subject to the same conditions thereof, within the R-S Residential Single-Family Detached District.

(2) Nursing homes.

(3) Motor vehicle service stations.

(4) Satellite antennas, subject to the B-2, business office accessory use, conditions.

(5) Drive-through facilities, subject to the provisions of § 33-25 of this chapter.

[Added by Ord. No. 5-2021, 2-23-2021]

(d) Prohibited uses as identified within § 33-26 of this chapter, as well as the following:

(1) Fast-food drive-through restaurants;

(2) Fortune-tellers and palm readers;

(3) Amusement centers and bowling alleys;

(4) Adult bookstores, tattoo parlors, massage parlors;

(5) Out-patient treatment and/or rehabilitation centers for alcoholics, drug abusers, sex offenders, the mentally ill and parolees from federal, state, county or municipal penal institutions or juvenile detention centers and facilities;

(6) Bail bondsman, pawnshops;

(7) Businesses engaged in bill paying and/or check cashing as either their principal or ancillary business;

(8) Car washes, tire distribution centers, auto body shops, and commercial automobile service centers whose primary or ancillary business is not the sale and refueling of gasoline for automotive use;

(9) Retail sale of alcoholic beverages under a plenary retail distribution license;

(10) Bars, taverns, lounges, clubs operating for the sale of alcoholic beverages where the preparation and consumption of food is not the primary business;

(11) Wireless communication towers;

(12) Stand-alone public parking decks/garages; underground parking garages;

(13) Motels and/or hotels; and

(14) Mixed-use development containing retail/office and residential uses.

(e) Dimensional, density and other bulk restrictions.

(1) Single-family detached dwellings: as set forth in the R-S Residential Single-Family Detached District.

(2) Single-family attached and two-family dwellings: as set forth in the R-M Residential Multifamily District.

(3) Office/business/retail/mixed-use:

a. Front yard setback (minimum): the average of existing setbacks along the same side of the street between the nearest intersections.

b. Building coverage (maximum): 25% unless off-street parking is not required under § 33-28(b)1, in which case maximum building coverage shall be 80%.

c. Lot coverage (maximum): 80% unless off-street parking is not required under § 33-28(b)1, in which case maximum lot coverage shall be 100%.

d. Building height, principal building (maximum): 24 feet and two stories.

e. Building height, accessory building (maximum): 15 feet.

f. Lot area (minimum): none.

g. Lot width (minimum): none.

h. Side yard width (minimum): none.

i. Rear yard depth (minimum): 20 feet.

(f) Other provisions and requirements.

(1) Signs in accordance with § 33-18(c) of this chapter.

(2) Off-street parking, loading and unloading in accordance with § 33-28 of this chapter. If the subject property abuts a residential zoning district, a buffer and screening shall be provided in accordance with the standards and specifications of § 33-15(s).

Sec. 33-24.12 L-I Light Industry District.

(a) Permitted principal uses.

(1) General business offices.

(2) Research, experimental or testing laboratories.

(3) Light, nonnuisance manufacturing, processing, fabrication, assemblage, packaging and warehousing of products.

(4) Trade schools.

(b) Permitted accessory uses. Uses customarily incidental to the permitted principal uses, including satellite antennas, subject to the following conditions:

(1) Satellite antennas shall be used for receiving signals only; transmission is prohibited. Reception may be for the benefit of off-site users.

(2) There shall be no more than two satellite antennas per lot.

(3) Installation may be either on the roof or on the ground. In both cases, the installation shall be adequately screened to minimize visibility from adjacent properties. If ground-mounted, the apparatus shall not be located in any front yard or side yard and shall not exceed the height of the principal building located on the lot. The permit application shall be accompanied by a screening plan and, for roof-mounted antennas, written certification from a structural professional engineer that the installation will be resistant to a 100-mile-per-hour wind.

(4) The height of the apparatus (including antenna supports) shall not exceed 20 feet. The surface area of the reflective dish shall not exceed 200 square feet, and the diameter of the reflective dish shall not exceed 16 feet.

(c) Conditional uses.

(1) Motor vehicle service stations and public garages, subject to the provisions of § 33-25 of this chapter.

(2) Public utility installations, subject to the provisions of § 33-25 of this chapter.

(3) Wireless communications towers and antennas, subject to the provisions of § 33-25 of this chapter.

(4) Drive-through facilities, subject to the provisions of § 33-25 of this chapter.

[Added by Ord. No. 5-2021, 2-23-2021]

(5) Cannabis distributors, cannabis testing facilities and cannabis establishments, including a cannabis cultivator, a cannabis manufacturer, a cannabis wholesaler, a cannabis retailer, and a cannabis delivery service, as those terms are defined in N.J.S.A. 24:6I-33, are hereby permitted as conditional uses subject to the requirements of § 33-25 of this chapter.

[Added by Ord. No. 29-2021, 8-10-2021; amended by Ord. No. 57-2021, 12-14-2021]

(d) Dimensional, density and other bulk restrictions.

(1) Minimums.

a. Lot area: 15,000 square feet.

b. Lot width: 100 feet.

c. Front yard setback: 20 feet, except as hereinafter set forth.

d. Side yard width: six feet.

e. Side yard width, combined: 30 feet.

f. Rear yard depth: 20 feet.

(2) Maximums.

a. Building coverage: 30%.

b. Lot coverage: 70%.

c. Building height, principal building: 44 feet.

d. Building height, accessory building: 15 feet.

(e) Other provisions and requirements.

(1) Signs. See § 33-18(c) of this chapter.

(2) Off-street parking; loading and unloading. See § 33-28 of this chapter.

(3) All permitted commercial and industrial activities and processes shall take place within an enclosed building, except that receiving and shipping may be conducted from an unenclosed loading dock or platform. Incidental storage out-of-doors shall be buffered and screened from public streets and adjacent residential districts, if any, in accordance with the standards and specifications of § 33-15(s).

(4) The minimum front yard setback for a building up to 35 feet in height shall be 2/3 of the height of the building, to the nearest foot. For a building greater than 35 feet in height, the minimum front yard setback shall be 23 feet plus one foot for each foot or fraction thereof of building height in excess of 35 feet. In no case, however, shall the front building line be closer to the street line than the average of existing front yard setbacks along the same side of the street to the nearest intersections.

(5) If the subject property abuts a residential district, a buffer and screening shall be provided, in accordance with the standards and specifications of § 33-15(s).

Sec. 33-24.13 LI-2 Light Industry 2 District.

[Added by Ord. No. 7-2014, 4-29-2014]

(a) Permitted principal uses:

(1) General business offices.

(2) Research, experimental or testing laboratories.

(3) Light, nonnuisance manufacturing, processing, fabrication, assemblage, packaging and warehousing of products.

(4) Trade schools.

(5) Family entertainment center.

(b) Permitted accessory uses: uses customarily incidental to the permitted principal uses, including satellite antennas, subject to the following conditions:

(1) Satellite antennas shall be used for receiving signals only; transmission is prohibited. Reception may be for the benefit of off-site users.

(2) There shall be no more than two satellite antennas per lot.

(3) Installation may be either on the roof or on the ground. In both cases, the installation shall be adequately screened to minimize visibility from adjacent properties. If ground-mounted, the apparatus shall not be located in any front yard or side yard and shall not exceed the height of the principal building located on the lot. The permit application shall be accompanied by a screening plan and, for roof-mounted antennas, written certification from a structural professional engineer that the installation will be resistant to a 100-mile-per-hour wind.

(4) The height of the apparatus (including antenna supports) shall not exceed 20 feet. The surface area of the reflective dish shall not exceed 200 square feet, and the diameter of the reflective dish shall not exceed 16 feet.

(c) Conditional uses:

(1) Motor vehicle service stations and public garages, subject to the provisions of § 33-25 of this chapter.

(2) Public utility installations, subject to the provisions of § 33-25 of this chapter.

(3) Wireless communications towers and antennas, subject to the provisions of § 33-25 of this chapter.

(4) Drive-through facilities, subject to the provisions of § 33-25 of this chapter.

[Added by Ord. No. 5-2021, 2-23-2021]

(d) Dimensional, density and other bulk restrictions.

(1) Minimums:

a. Lot area: 15,000 square feet.

b. Lot width: 100 feet.

c. Front yard setback: 20 feet, except as hereinafter set forth.

d. Side yard width: six feet.

e. Side yard width, combined: 30 feet.

f. Rear yard depth: 20 feet.

(2) Maximums:

a. Building coverage: 30%.

b. Lot coverage: 70%.

c. Building height, principal building: 44 feet.

d. A maximum of 10% of the total building area on the site may extend to a height of 80 feet, provided that any portion of the building which exceeds 44 feet in height is set back a minimum distance of 125 feet from any adjoining lot line.

e. Building height, accessory building: 15 feet.

(e) Other provisions and requirements.

(1) Signs. See § 33-18(c) of this chapter.

(2) Off-street parking; loading and unloading. See § 33-28 of this chapter.

(3) All permitted commercial and industrial activities and processes shall take place within an enclosed building, except that receiving and shipping may be conducted from an unenclosed loading dock or platform. Incidental storage out-of-doors shall be buffered and screened from public streets and adjacent residential districts, if any, in accordance with the standards and specifications of § 33-15(s).

(4) The minimum front yard setback for a building up to 35 feet in height shall be 2/3 of the height of the building, to the nearest foot. For a building greater than 35 feet in height, the minimum front yard setback shall be 23 feet plus one foot for each foot or fraction thereof of building height in excess of 35 feet. In no case, however, shall the front building line be closer to the street line than the average of existing front yard setbacks along the same side of the street to the nearest intersections.

(5) If the subject property abuts a residential district, a buffer and screening shall be provided, in accordance with the standards and specifications of § 33-15(s).

Sec. 33-24.14 U University District.

(a) Permitted principal uses. Colleges, universities and other institutions of higher learning giving regular instruction at least five days a week for eight or more months of the year.

(b) Permitted accessory uses. Uses customarily incidental to the permitted principal uses, including dormitories, athletic fields and libraries.

(c) Conditional uses.

(1) Wireless communications towers and antennas, subject to the provisions of § 33-25 of this chapter.

(d) Dimensional, density and other bulk restrictions.

(1) Minimums.

a. Lot area: 60 acres.

b. Setback from all property lines: the height of the building or 50 feet, whichever is greater.

(2) Maximums.

a. Height: 70 feet.

(e) Other provisions and requirements.

(1) Signs. See § 33-18(c) of this chapter.

(2) Off-street parking; loading and unloading. See § 33-18(c) of this chapter.

(3) All structures and uses shall be buffered from adjacent privately owned residences in accordance with the standards and specifications of § 33-15(s).

Sec. 33-24.15 H Hospital Districts.

[Amended by Ord. No. 9-2022, 3-15-2022; Ord. No. 22-2022, 6-28-2022]

(a) The Hospital District (H) is intended to provide a comprehensive development framework which supports the expansion and modernization of the Holy Name Medical Center hospital campus. The regulations set forth herein accommodate the long-term development of a modern hospital campus while providing substantial mitigation measures to address potential impacts to the surrounding area.

(1) General requirements.

a. Application requirements and phasing. Any application for development for all or any portion of the H Zone shall be submitted as a phased development, or as separate development applications for each phase or for each building and/or improvements within each phase in the nature of a preliminary site plan application. Each such application shall describe how the proposed development relates to the phasing of development pursuant to the overall H District. The application for preliminary site plan approval may also include a request for final site plan approval with respect to the application for development or any phase thereof.

b. Terminology. Due to the complex nature of a comprehensive hospital campus, certain H District regulations draw a meaningful distinction between "existing" and "new" buildings and structures. For purposes of interpreting the H District regulations, "existing" buildings and structures are those in existence as of the date of the adoption of this ordinance.[1] "New" buildings and structures are those to be constructed after the date of the adoption of this ordinance.

[1] Editor's Note: "[T]his ordinance" refers to Ord. No. 22-2022, 6-28-202, which ordinance amended § 33-24.15 in its entirety.

c. Prerequisite Requirements for Development by Subdistrict.

1. Subdistrict 1.

[i] The existing access driveway from Grange Road that is located within Lot 4 of Block 3003 shall be closed at the issuance of a temporary certificate of occupancy (TCO) with the first development application filed pursuant to the H District. Such application shall incorporate the conversion of the closed access driveway into vegetated lawn area or construction of a residential dwelling.

[ii] A landscape buffer and fence per the requirements set forth in Subsection (a)(2) shall be installed as part of the site work required under the first development application filed pursuant to the H District.

2. Subdistrict 2.

[i] The landscape buffer and fence along the boundary between Subdistrict 1 and 2 shall be installed prior to or at the same time as any construction within Subdistrict 2.

3. Subdistrict 3.

[i] The existing driveway access point at Cedar Lane (where Chadwick Road currently intersects) shall remain in a similar location. Prior to completion of the first new building in Subdistrict 3 or 4, the developer shall, in coordination with the Township of Teaneck and the Bergen County Engineering Department, complete improvements to the pedestrian safety of this intersection, which may include bulb-outs along Cedar Lane, painted crosswalks on all four sides of the intersection and pedestrian signals.

[ii] The existing driveway from Vandelinda Avenue within Subdistrict 2 shall be converted to an emergency-services-vehicle-only ingress driveway in connection with the construction of the loop road within Subdistrict 3.

[iii] The existing driveway from Vandelinda Avenue within Subdistrict 3 shall be permanently eliminated pending review and approval of Township emergency services officials in connection with the construction of the loop road within Subdistrict 3.

d. Maximum net yield. The maximum net yield of new floor area within the H District shall not exceed 1,000,000 square feet (of which no more than 650,000 square feet shall be developed within Subdistrict 3). Net yield of floor area shall be measured as the gross floor area of new development, minus the gross floor area of any existing space that is demolished or otherwise removed. Floor area devoted to structured parking will not count towards the maximum gross floor area or building coverage.

e. Measurement of building height.

1. For all buildings within the H District, "building height" shall be the vertical distance from the proposed average finished ground elevation around the foundation to the elevation of the deck of a flat roof or the midpoint of a sloped roof, exclusive of chimneys, cupolas, mechanical equipment and associated screening, elevator towers, parapets and other similar rooftop appurtenances. Such appurtenances shall not exceed the maximum building height by more than 12 feet, except parapets shall not exceed the maximum building height by more than 42 inches.

2. A "story" is that portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between the floor and the ceiling next above it. Any story that has at least half its height located below the average ground elevation of the building shall not constitute a "story" for purposes of calculating building height.

(2) Permitted uses.

a. Subdistrict 1.

1. Principal uses.

[i] Single-family detached dwellings.

2. Accessory uses and structures.

[i] Uses and structures customarily associated with detached single-family dwellings, provided that such uses or structures are subordinate to the principal use, do not change the character of the principal use and serve only the principal use.

b. Subdistrict 2.

1. Principal uses.

[i] Child-care centers.

[ii] Adult day-care centers.

[iii] Detached single-family dwellings.

[iv] Surface parking lots.

[v] Expanded lobby/entrance area connected to the existing main hospital building.

2. Accessory uses and structures.

[i] Maintenance and storage facilities.

[ii] Boiler and power plants.

[iii] Utility and mechanical facilities.

[iv] Outdoor recreation area associated with a child-care center.

[v] Uses and structures customarily associated with any principal use permitted within the H District, provided that such uses or structures are subordinate to the principal use, do not change the character of the principal use and serve only the principal use.

c. Subdistrict 3.

1. Principal uses.

[i] Hospital facilities, which shall include but not be limited to inpatient and outpatient treatment and therapy, labs and testing facilities, research facilities, medical education and training facilities, pharmacies, and urgent care, as well as a broad range of medical-related diagnostic, hospice, treatment, therapeutic, physical, health, dementia and rehabilitation uses.

[ii] Offices.

[iii] Adult day-care centers.

2. Conditional uses.

[i] Public utility installations, subject to the provisions of § 33-25, Conditional use criteria, of the Township Code.

[ii] Wireless communications towers and antennas, subject to the provisions of § 33-25, Conditional use criteria, of the Township Code.

3. Accessory uses and structures.

[i] Structured and surface parking facilities.

[ii] Healing gardens and other outdoor gathering spaces.

[iii] Uses and structures customarily associated with any principal use permitted within the H District, provided that such uses or structures are subordinate to the principal use, do not change the character of the principal use and serve only the principal use.

d. Subdistrict 4.

1. Principal uses.

[i] Hospital facilities, which shall include but not be limited to inpatient and outpatient treatment and therapy, labs and testing facilities, research facilities, medical education and training facilities, pharmacies, and urgent care, as well as a broad range of medical-related diagnostic, hospice, treatment, therapeutic, dementia and rehabilitation uses.

[ii] Offices.

2. Conditional uses.

[i] Public utility installations, subject to the provisions of § 33-25, Conditional use criteria, of the Township Code.

[ii] Wireless communications towers and antennas, subject to the provisions of § 33-25, Conditional use criteria, of the Township Code.

3. Accessory uses and structures.

[i] Structured and surface parking facilities.

[ii] Healing gardens and other outdoor gathering spaces.

[iii] Uses and structures customarily associated with any principal use permitted within the H District, provided that such uses or structures are subordinate to the principal use, do not change the character of the principal use and serve only the principal use.

(3) Development standards.

a. Overall tract.

1. Minimum tract area: 25 acres.

2. Maximum coverage.

[i] Building coverage: 45%.

[ii] Lot coverage: 75%.

3. Minimum building setbacks.

[i] Setback to primary circulation roads: 15 feet.

[ii] Setback to secondary service roads, such as rear loading areas and parking lot driveways: 10 feet.

4. Accessory uses and structures (with exception of structured and surface parking lots, which are expressly addressed within the subdistrict standards).

[i] Maximum height: 30 feet.

[ii] Minimum setbacks: 10 feet from perimeter boundary of overall tract.

5. Separation between buildings.

[i] In order to ensure light and air on the most prominent roadways within the H District, buildings in Subdistricts 3 and 4 located on opposite sides of the two major entry drives from Cedar Lane and Teaneck Avenue shall be separated horizontally by at least 100 feet at all points, except when connected by any aerial walkways.

[ii] Elsewhere in Subdistricts 3 and 4, new buildings have the option of being connected to the existing or new structured parking garages and other new hospital or medical office buildings.

6. Maximum building footprints and area per floor: Any story of a new building that is at or above a height of five stories or 75 feet shall not exceed 40,000 square feet in gross floor area per story. New buildings or portions of new buildings lower than five stories and 75 feet shall have no limit on floor area per story, unless otherwise specified herein.

b. Subdistrict 1.

1. Unless otherwise stated herein and/or specifically controlled by the overall tract requirements, development within Subdistrict 1 shall be subject to the requirements for the R-S District as set forth in § 33-24.1(d).

c. Subdistrict 2.

1. One new building containing a day-care center is permitted south of the existing alignment of Chadwick Road, with a maximum building footprint of 8,000 square feet and maximum gross floor area of 16,000 square feet.

2. An expansion and modernization of the existing main entrance on the west facade of the existing main hospital building, which is contemplated for Subdistrict 3, shall be permitted to extend into Subdistrict 2 by no more than 20 feet.

3. Maximum building height: two stories or 42 feet, whichever is less.

4. Minimum setbacks.

[i] From Block 3003, Lot 1: 35 feet for new buildings.

[ii] From Chadwick Road right-of-way: 20 feet for buildings.

d. Subdistrict 3.

1. Subdistrict 3 may contain up to four new buildings, three of which are to be north of the center of the existing main hospital building, and one of which is to be south of the center of the existing main hospital building, in the general location of the existing School of Nursing wing.

2. After the School of Nursing wing is demolished, a new building may be built in the same general location on the south side of the existing main hospital building, subject to the following development standards:

[i] The maximum height of the building shall be five stories, and in no case shall the height of the roof deck of the new building exceed the height of the top of the peaked roof of the highest existing building or buildings it replaces.

[ii] The new building shall have a step back at the top story of a minimum of 10 feet horizontally along its entire western facade in order to reduce the visibility of the full height and mass of the building as viewed from the west. The step back area shall be designed as a terrace or balcony and, if possible, should incorporate landscaping to help soften the appearance.

3. An expansion and modernization of the existing main entrance on the west facade of the existing main hospital building shall be permitted up to a maximum height of 35 feet. No other expansions or additions on the westerly side of the existing main hospital building are permitted.

4. Vertical additions to the two wings near the main entrance on the east facade of the existing main hospital building located within Subdistrict 3 are allowed but shall not exceed the height of the existing main hospital building.

5. Maximum building height.

[i] For the three buildings located north of the center of the existing principal hospital building, the maximum permitted building height is as follows:

[a] For one building to be located within 250 feet of the tract boundary along Cedar Lane: five stories and 75 feet.

[b] For up to two buildings to be located more than 250 feet from the tract boundary along Cedar Lane: nine stories and 135 feet.

6. Minimum setbacks.

[i] From Cedar Lane: 25 feet for new buildings/100 feet for surface parking lots.

[ii] From Vandelinda Avenue: 75 feet for new buildings/75 feet for surface parking lots.

[iii] From Block 3002, Lot 1: 40 feet for new buildings/10 feet for surface parking lots.

e. Subdistrict 4.

1. Flexibility is allowed within Subdistrict 4 in terms of the number of new buildings that will be allowed.

2. Standalone structured parking facilities are permitted in Subdistrict 4, which may or may not be connected along one side to an existing or new building or structured parking facility.

3. Maximum building height.

[i] Buildings located north of the existing entrance driveway from Teaneck Road: eight stories and 115 feet.

[ii] Buildings located south of the existing entrance driveway from Teaneck Road: five stories and 75 feet.

[iii] Standalone structured parking facility: five stories and 60 feet.

4. Minimum setbacks.

[i] From Cedar Lane: 50 feet for new buildings/100 feet for surface parking lots.

[ii] From Teaneck Road: 50 feet for new buildings and structured parking facilities/100 feet for surface parking lots.

[iii] From Vandelinda Avenue: 75 feet for new buildings and structured parking facilities/150 feet for surface parking lots.

(4) Off-street parking and loading requirements.

a. Parking within the H District shall be calculated and evaluated on a tract-wide basis. Each application for development within the H District shall include a parking analysis that describes the proposed parking supply for the entire H District in comparison to the total parking requirement for all uses within the H District as calculated based on the following minimum requirements:

1. 0.8 parking space per employee/physician during peak shift for entire hospital campus.

2. 0.25 parking space per licensed bed.

3. 1.4 parking spaces per 1,000 square feet of outpatient medical office space.

b. Upon the vacation of a portion of Chadwick Road, there shall be a minimum of 100 unreserved parking spaces provided within the H District which shall be controlled by the Township Manager at his/her discretion at no charge. In addition, the same number of spaces shall be available to the public from 5:00 p.m. to 6:00 a.m. on weekdays and during all times on Saturday and Sunday to support the local business district.

c. The total parking requirement for the H District may be based on a shared parking analysis prepared by a licensed professional engineer or professional planner based on a widely accepted methodology, such as the models published by the Urban Land Institute, Institute of Transportation Engineers or Victoria Transport Policy Institute. The shared parking analysis shall be subject to the review and approval of the Planning Board or Zoning Board of Adjustment in coordination with the Township's professionals.

d. All of the required parking shall be provided within the H District. On-street parking is permitted and encouraged along internal circulation roads.

e. Dedicated spaces for loading and deliveries shall be one dedicated loading/delivery space per each new building.

f. Electric vehicle charging stations shall be provided in accordance with NJ state requirements per P.L. 2021, c. 171 (N.J.S.A. 40:55D-66.18 et seq.).

g. Bicycle parking.

1. Indoor bicycle parking racks shall be provided for each new building. Racks shall be located within a secure, access-controlled room inside the building or within a connected or nearby garage.

2. Outdoor bicycle racks shall also be provided within 50 feet of each new building's primary pedestrian entry, at a minimum ratio of one outdoor bicycle parking space for every 20,000 square feet of net floor area. Bicycle racks must be securely anchored and designed to allow the bicycle frame and one wheel to be secured. If possible, outdoor racks should be sheltered by roofs or overhangs.

(5) Design requirements and guidelines.

a. Terminology. Any provision in this section activated by the word "shall" constitutes a requirement; a provision activated by the word "should" is a guideline that is strongly encouraged but not required.

b. Architecture.

1. Active ground floors. The portions of the ground floor of new buildings facing required open spaces or major pedestrian walkways, important internal circulation streets or driveways, or public streets should include active uses within the ground floor where appropriate in order to provide more of a connection between interior and exterior spaces and "eyes on the street" for informal safety. "Active uses" include such features as lobbies, lounge areas, and concierge desks; cafeterias, cafes, and indoor dining areas; and gift shops, pharmacies, and health club facilities, outpatient testing areas and other ambulatory clinical services.

2. Facade transparency.

[i] Primary pedestrian entry lobby. To provide an inviting presence, each building's primary pedestrian entry should be indicated by a large sheltered canopy or overhang and/or by a location within a bay having a different expression from the surrounding building mass. Portes-cochere and dropoff loops are permitted as well.

[ii] Secondary pedestrian entries. Where a building located next to one or more of the three major bounding public streets (Cedar Lane, Teaneck Road, and Vandelinda Avenue) has its primary pedestrian entry facing internal to the H District, the building should also provide a secondary pedestrian entry within one of the public street-facing facades. While secondary pedestrian entries do not need to be as prominently sited within the facade, they should be highlighted by such means as: a logical location within a bay, shelter from a projecting canopy or a recessed entry, fully glazed doors and a high proportion of glazing in the enframing bay, and wall-mounted lighting.

[iii] Garage/parking entries. Parking garage entries shall not exceed 40 feet in width. The garage entryway should be highlighted within the facade such as by a projecting sheltering flat canopy, wall-mounted lighting, and attractive signage. Garage doors, if provided, should have a high degree of visual permeability by means of glazed panels. To the extent that rolled down security or access-control gates are used at garage entry openings, only those which are visually permeable rather than solid shall be permitted.

[iv] Blank walls. Areas of building facade facing a major bounding street (Cedar Lane, Teaneck Road and Vandelinda Avenue), an internal circulation street, or a major pedestrian path shall not have long, blank, unarticulated walls in excess of 30 feet in width within the first five levels of the building. This applies as well to exposed parking garage facades.

[v] Interior light spillage. Any facades of new buildings that face residential neighborhoods or homes shall include measures to reduce light spillage and glare from interior lighting. Interior lighting should be carefully chosen, placed, and directed so as to not create such issues in the first place. Where some light spillage and glare is unavoidable, external features such as vertical fins, perforated scrims, lattices, and shutters are encouraged, while internal features such as blinds and curtains should be included as well.

3. Articulation.

[i] Vertical articulation.

[a] The facades of each new building should be divided into a series of vertical bays such that each vertical bay does not exceed approximately 60 feet in width. Each vertical bay shall be defined by a physical change in plane or by a substantial break in plane having a projection or recession proportionate to the scale, height, and mass of the building or structure. Differentiation based only on facade colors or materials is insufficient to define a bay. Each vertical bay's expression should encompass at least the building's lowest three to five levels, including any exposed parking garage and basement levels, in order to help break down the height of the building as viewed by pedestrians.

[b] In addition, for buildings exceeding 300 feet in length along any one side, significant massing breaks should be provided so that each resulting building mass is less than 300 feet wide. A "significant massing break" is a recess of at least 10 feet wide and five feet deep, and which gives the impression that the building, when viewed obliquely, could be a series of smaller buildings.

[c] For standalone parking garages, architectural screening as described below in the Structured parking section, is required.

[ii] Horizontal articulation.

[a] The ground floor of new buildings should be distinguished with a higher degree of transparency, as discussed above under Facade transparency.

[b] On the tallest buildings, the top story or stories should have a different architectural expression that creates a visually lighter appearance, such as by lighter-color and/or higher-transparency facades; stepbacks, varied heights, or other massing changes; and deep parapets, light shelves, or other detailing.

4. Application of materials. Within the primary materials of each building's facade, variation in color, texture, and/or pattern may be employed to create further distinctions. Changes in materials, colors, texture, or pattern that occur across a horizontal line should be marked by a change in plane, dimensional band or belt cornice, a recessed channel, or similar horizontal feature. Materials should be extended around corners and extensions to a logical vertical break in plane, in order to avoid a "pasted on" appearance. The level of materials, detailing, and articulation should be consistent along all building facades, not just street-facing facades.

5. Green design. Where possible, building design should include architectural features to shade the building against solar gain, such as sunshades and deep overhangs. Solar panels are recommended on roofs to offset building energy usage. Gardens and terraces are encouraged on roof decks and stepback areas of buildings in order to provide quick access to outdoor space for hospital and office staff, patients, and visitors. Green roof areas are also recommended in order to absorb stormwaters and provide thermal insulation for floors below.

6. Structured parking. For all standalone parking garages, and where any portion of structured parking within a building extends to the facade along a public or major internal street, major pedestrian pathway, or required open space, architectural screening shall be provided as follows.

[i] The facade design of exposed parking levels shall be articulated and varied in a manner that references the massing and transparency of hospital or medical office buildings nearby or above, screens views of cars inside and eliminates headlight glare beyond the structure, and creates a visually interesting facade composition. Examples include but are not limited to: punched window-style openings and decorative mesh grilles, particularly on facades facing residential properties; glazed or open-textured screens or scrims across large openings in parking facades; using a visually richer material and texture on the ground level, such as brick or cast stone; and breaking down the parking facade mass into a series of bays that downplay the length and width of the garage. In all such cases, in-ground or raised-bed landscaping planters with a variety of year-round vegetation should be included along the garage facade to further soften the perimeter.

[ii] Vehicular access to all parking structures shall be from internal roadways and shall not have direct access from a public street.

7. Trash, loading and mechanical areas.

[i] All outdoor trash, recycling, and refuse storage and collection areas and all outdoor at-grade mechanical equipment shall be screened from public view on all sides with solid fencing and/or evergreen landscaping.

[ii] Where possible, new loading facilities should be internal to a building and accessed through a parking garage entry or located at the side or rear of a building. New loading docks and similar service facilities with operable vehicular access doors or permanent openings in the facade should not be located in facades adjoining public streets nor along the site's pedestrian walkways with the highest activity levels. Any new loading facility or similar feature that is located in an exterior facade should be designed in a similar manner as vehicular entries, with glazed doors and/or attractive roll-up grates. If necessary, additional outdoor screening (fences or hedges) should be used to shield views of loading docks and similar areas from nearby pedestrian walkways, open spaces, and residential properties.

[iii] Rooftop mechanical equipment shall be screened from view using a material harmonious to that used in the facade of the building, or set back from the building edge so that it is not visible from any adjacent public sidewalk.

c. Roadways.

1. A reconfiguration and extension of internal circulation routes within the H District is required in order to construct a complete loop road around the existing hospital buildings and any attached new buildings. The construction of the loop road shall be undertaken in coordination with the phased development of new buildings within the district, as follows:

[i] The westerly portion of the loop road shall be completed as part of the construction of a child-care center and/or reconfiguration and expansion of the surface parking lot within Subdistrict 2.

[ii] The northerly and easterly portions of the loop road shall be completed as part of the construction of one or more of the permitted new buildings to the north of the center of the main existing hospital building within Subdistrict 3.

[iii] The southerly portion of the loop road shall be completed as part of the construction of the new building that will replace the existing School of Nursing building within Subdistrict 3.

2. Designated pickup/dropoff areas for for-hire vehicles and valet parking shall be provided adjacent to the entrances to all new medical buildings.

d. Pedestrian circulation.

1. Development shall provide direct and convenient pedestrian pathways between all building entries, open spaces, and parking areas.

2. Sidewalks shall be provided on both sides of the two primary entry drives (from Cedar Lane and Teaneck Road). All other new and existing internal roadways shall have sidewalks on at least one side, and on both sides wherever possible.

3. Where aerial walkways between buildings are provided, duplicate pathways between grade level doors shall also be provided.

4. All internal sidewalk improvements shall be completed as part of each phase of construction and shall at minimum tie into the existing sidewalk network on the hospital campus.

e. Open space.

1. General. Placement of new buildings within the H District should create a series of intentional, well-sited, well-proportioned, and usable open spaces. Modest-sized open spaces such as plazas, patios, pocket parks, and gardens framed by active, interesting building uses can be more attractive and inviting than larger but ill-defined areas located at the periphery of an area. Three specific required open spaces are described below. In addition, other, smaller open spaces should be located adjacent to or near building entries so as to provide convenient and pleasant outdoor access to hospital staff and visitors. In general, the principles of "defensible space" should be followed for open space design, including: convenient access to and high visibility of building entries; fostering informal surveillance, "eyes on the street," and a sense of ownership of open space areas through placement next to sidewalks and building facades and entries with a high degree of transparency and activity; visually permeable landscaping; and site lighting that does not create unduly contrasting areas or dark spots.

2. Central green. Site plan applications which contemplate improvements within Subdistrict 3 shall provide a "central green" open space in conformance with the following requirements.

[i] This open space shall measure at least 75 feet on all sides and shall have a minimum area of 10,000 square feet. It shall be located within Subdistrict 3.

[ii] Walkways shall also be provided along at least three sides or at least 75% of the perimeter, whichever is greater.

[iii] The open space shall include a terrace area with decorative hardscaping, lawn areas interspersed with plants in a variety of textures and heights, areas of sun and shade, and fixed and movable seating.

3. Healing garden. "Healing gardens" are quiet open space areas that provide a tranquil, green outdoor space for staff, patients, and visitors to meditate, rest, reflect, and connect with nature. These types of natural, contemplative environments have been proven to have therapeutic benefits for patients and others. Site plan applications which contemplate improvements within Subdistricts 3 or 4 shall provide one healing garden in Subdistrict 3 or 4, subject to the following requirements.

[i] It may be located on a portion of the required central green, in another area within 100 feet of a pedestrian entry to existing or new buildings, or on a roof deck of a building; in all cases in a location that is conveniently accessible to hospital patients.

[ii] The minimum size of the healing garden is 2,500 square feet; larger gardens are encouraged.

[iii] The healing garden shall include attractively paved, meandering walkways. Seating, both fixed and movable, should offer a choice of spots in sun and shade. Landscaping should be lush and varied, with different plants for all seasons. Sculptural elements such as artwork, interesting tree forms, and large boulders are encouraged. An attractive water feature that creates a soothing white noise is recommended. Taller landscaping should create visual buffers along any edges bordering roadways or busy pedestrian routes. Low walls or attractive fencing should be used to delineate this space as a separate, quieter area. Ideally, materials and plantings should have a rustic, naturalistic feel rather than appearing overly manicured or machine-made. Low-wattage ground lighting and pedestrian-scaled lamps are encouraged so that the space may be used in the evening.

4. Corner of Vandelinda Avenue and Teaneck Road. The existing green open space at the corner of Vandelinda Avenue and Teaneck Road includes lawn areas and trees. Site plan applications which contemplate improvements within Subdistrict 4 shall provide the following enhancements to this open space.

[i] New internal walkways should be added through the open space, linking to Vandelinda Avenue and Teaneck Road, to enhance pedestrian access all the way into the open space.

[ii] Any new building adjacent to this space shall include a pedestrian entrance onto this open space, or alternately a connection via a prominent walkway around the building from a different door.

f. Surface parking lots. The following parking lot requirements are intended to help visually soften the expanse of surface parking and reduce the environmental impacts of the urban heat island effect, impervious surfaces, and runoff.

1. Shade tree plantings.

[i] Around the perimeter of surface parking areas, shade trees shall be planted, with an average spacing of no more than 50 feet on center.

[ii] Where a parking lot is more than one bay wide (a bay of parking is two rows of parking with a central access aisle, and is generally about 60 feet wide), one shade tree shall also be planted at each end of each parking bay, in a landscaped area having lawn or low ground cover.

[iii] Where a parking lot is more than one bay wide, interior tree plantings are also required in regularly spaced landscaped islands between bays of parking at the rate of one tree per 16 parking stalls.

2. Green design for stormwater management.

[i] To the extent practical and in conformance with NJ DEP stormwater management regulations, landscaping and tree areas shall be depressed in grade compared to surrounding areas, curbless or bordered with permeable edging or inlets, or otherwise designed so as to foster inflow and infiltration of stormwater runoff from surface parking areas. Hardy plantings that tolerate periodic flooding and contamination from parking lot runoff and icing salts should be used.

[ii] Porous paving, Grasscrete, or similar paving materials are encouraged for parking areas that will be infrequently used.

3. Edge buffering. The perimeter of larger surface parking lots, particularly where adjoining public street frontages or major pedestrian routes, should be softened and screened with some combination of evergreen hedge, stone wall, attractive fencing, and/or earthen berm. The height of such linear screening elements should not exceed three feet.

g. Landscaping.

1. General.

[i] Existing vegetation, particularly mature trees, should be preserved wherever possible. Mature trees removed shall be replaced one-for-one, or if replacement is infeasible, a contribution shall be made to a tree fund for use by the Shade Tree Advisory Board.

[ii] New street tree selection and planting details shall comply with Township of Teaneck standards. All plantings should be primarily native and drought-tolerant species. In some cases, species that thrive in the variable conditions of a rain garden may be most appropriate.

[iii] Benches or other seating shall be provided in convenient locations throughout the H District area in Subdistricts 2, 3 and 4. Locations should include along primary walking paths, near building entries, and within landscaped open space areas.

[iv] Required building setback areas should include landscape planting areas, walkways, and/or patios or other decorative hardscape spaces between the building and the back of curb of all adjoining streets and vehicular circulation areas.

2. Required buffer along boundary that separates Subdistricts 1 and 2.

[i] A landscaped buffer shall be planted that includes a mix of evergreen and deciduous trees, to form a year-round visually impenetrable barrier between the existing residential uses and the hospital buildings to the east.

[ii] An attractive fence of a minimum six feet in height shall be provided from Block 3003, Lot 1, to the northerly boundary of Block 3003, Lot 7.

3. Streetscape.

[i] Teaneck Road.

[a] In connection with any new development within Subdistrict 4, the following landscape improvements shall be constructed along the site's boundary with Teaneck Road, from Cedar Lane to the northern edge of the existing open space that lies at the corner of Vandelinda Avenue.

[b] Additional deciduous shade trees shall be planted within the sidewalk public right-of-way and/or within the required street-facing setback along Teaneck Road (to the extent practical based on location of underground utilities and easements) such that the new and existing trees together loosely take the form of a double row of trees or allee.

[c] A secondary walkway shall be constructed in a meandering fashion between the two rows of trees; alternately, this walkway may replace the existing public sidewalk, subject to Township approval. The remainder of the front setback shall be lawn, as it is now, and may be accented with clusters of low plantings.

[ii] Cedar Lane.

[a] The existing sidewalk along Cedar Lane bordering the H District lies right next to the curb and is relatively narrow. To improve the safety and comfort of this sidewalk, it shall be rebuilt further inland, with a minimum clear width of five feet, extending into the hospital's required setback lands if necessary.

[b] A grass planting strip of minimum six feet shall be added between the new sidewalk and the curb within the public right-of-way. New street trees shall be planted within the grass strip, spaced on average no farther apart than 40 feet on center subject to the approval of Bergen County and in coordination with utility providers. These improvements shall be completed before construction begins on a third new building within Subdistricts 3 and/or 4.

[iii] Vandelinda Avenue.

[a] The existing sidewalk along Vandelinda Avenue includes a grass planting strip between sidewalk and curb. This planting strip shall be maintained.

[b] New street trees shall be planted along the planting strip, spaced on average no farther apart than 40 feet on center, as part of the final approvals for the building south of the main existing hospital building. Where clearance in the planting strip is insufficient to support healthy tree growth, the trees may be planted within the hospital lands bordering the public sidewalk, at the same average spacing.

[iv] Internal circulation roads. Existing and new circulation streets and driveways within the H District shall have street trees added where feasible, so that both sides of the street have trees spaced no more than 50 feet apart on center. Street trees are also encouraged along pedestrian pathways where feasible based on the location of utilities and easements.

h. Lighting.

1. Pedestrian-scaled lighting shall be provided along all walkways. Ground-level and accent lighting is encouraged at required open space areas.

2. All new exterior site and building lighting shall be selected to minimize glare, light trespass, and light pollution, particularly with regards to adjoining residential neighborhoods. Lighting fixtures shall be selected from the International Dark Sky Association's Fixture Seal of Approval Program, which specifies fixtures that are directionally downcast, full-cutoff, and that have a warm color temperature.

i. Signage.

1. General. Signage shall be designed as a comprehensive and complementary system. All site signage should include common design elements, including the use of select colors and materials. Signage design shall be driven by the need for simplicity and clarity in communication. Exterior signage shall be primarily for wayfinding purposes rather than advertising. Signage shall be only as large as functionally necessary. The size and placement of signs shall not obscure any architectural features of a building. Ground-mounted signs shall not obstruct pedestrian paths nor intersection sight distances for drivers.

2. The following signs shall be permitted, subject to the requirements set forth herein.

3. Freestanding monument signs.

[i] One monument sign is permitted along the Cedar Lane frontage and two along the Teaneck Road frontage.

[ii] Each monument sign shall be set back at least 10 feet from the back of the public right-of-way and at least 50 feet from the boundary of a residential district.

[iii] Maximum sign height above grade: 72 inches (six feet).

[iv] Maximum sign length: 180 inches (15 feet).

[v] Maximum sign depth: 36 inches (three feet).

[vi] Maximum height of fixed or digital lettering: 10 inches.

4. Facade signs.

[i] Facade signs are intended primarily for drivers and pedestrians along streets within and outside the tract area. Each new building may have two facade signs: one along a street-facing facade, and one along an internal street or walkway.

[ii] Facade signs shall be mounted at the top of the ground floor of the building, or within the lowest two levels.

[iii] Maximum sign area for each sign is three feet high and 30 feet long.

5. Projecting signs.

[i] Projecting signs are defined as "any sign, other than a wall sign, suspended from or supported by a building or structure or sign structure and which extends more than six inches from a building."[2]

[2] Editor's Note: See § 33-3.

[ii] For the H District, "projecting signs" also include the style of sign made of channel-cut letters that are mounted atop flat metal canopies, typically over entry doors or garage entries.

[iii] One projecting sign is permitted for each new building, to be located over the primary pedestrian entry. An additional canopy sign is permitted over the main parking garage entry for each garage.

6. Tenant directory signs.

[i] Tenant directory signs are smaller signs mounted on building facades near entryways, listing tenants, departments, or businesses inside a building.

[ii] One sign is permitted at the main pedestrian entryway for each hospital or medical office building. Each sign shall not exceed 18 square feet.

7. Directional and wayfinding signs.

[i] Ground-mounted signs for the purposes of identifying addresses, building tenants, particular building destinations, parking areas, and the like are permitted as needed throughout the tract area.

[ii] Such signs shall not each exceed eight feet in height and 10 feet in width.

8. Illumination.

[i] External signs may be internally lit or rear halo-lit.

[ii] For sign boxes in which the entire box is internally lit, dark-color backgrounds are preferred over white or light colors. Alternately, signs may be externally lit by upward-directed ground lights or by wall-mounted gooseneck lamps.

(6) Off-tract improvements. Off-tract improvements shall be subject to § 33-20 of the Township Code.

Sec. 33-24.16 RR-M Redevelopment Residential Multifamily District.

(a) Permitted principal uses: planned unit residential development.

(b) Permitted accessory uses.

(1) Swimming pool or pools plus structures incidental to swimming pool use for the use of the residents of the dwelling units and their guests and not for commercial purposes.

(2) Off-street parking facilities and/or spaces for the use of residents, their guests and employees.

(3) Off-street loading facilities serving the permitted use.

(4) Children's playgrounds, sauna and exercise rooms, boathouses, landings and docks and recreational uses and structures, for the use of the residents of the dwelling units and their guests and not for commercial purposes.

(5) Tennis courts, in accordance with the following regulations:

a. Tennis courts shall be for the use of residents of the dwelling units and their guests and not for commercial purposes.

b. Within 200 feet of an R-S District, a tennis court shall be appropriately screened.

(6) Open or enclosed pedestrian walkways and bikeways, parks, reflecting pools, fountains and other landscape architecture.

(7) Exterior signs, in accordance with the following regulations:

a. One nonilluminated residential nameplate sign for each dwelling unit situated within the property lines, and not exceeding 72 square inches in area on any one side and not posted higher than four feet above finished grade.

b. One sign for each accessory use displaying the name and function thereof, not to exceed 10 square feet in area on any one side. The area of the sign may be increased one square foot for every two feet that the sign is set back from the street line, but in no case shall the area of the sign exceed 50 square feet on any one side. Any sign attached to a wall of a building shall be flat against the wall and shall not project more than 12 inches from the wall nor project beyond the end or above the roof of the building.

c. Freestanding or building-mounted nonilluminated signs to control the movement of traffic on the premises or to give directions to uses in the RR-M, RC-1, RC-2 and RC-3 Districts. These signs shall provide traffic directions only and shall not be used for advertising purposes. They shall not exceed the height of four feet when building-mounted or four feet above finished grade when freestanding. The area of the sign shall not exceed four square feet on each of two sides.

d. Any illuminated signs shall be shielded so as to prevent glare, and no sign shall be illuminated by lighting of intermittent or varying intensity, nor shall any sign be of any color light other than white. No sign shall be moving or animated.

e. In addition to the above, all signs shall be of a design, character and placement approved by the Planning Board pursuant to a site plan review.

(8) Common open space, provided that the maintenance of such common open space shall be subject to such regulations as the Planning Board may impose in connection with a site plan review.

(9) Satellite antennas, subject to the following conditions:

a. The satellite antenna shall be used for receiving signals only; transmission is prohibited. The installation shall be for the benefit of on-site residents and not for the benefit of off-site users.

b. There shall be no more than one satellite antenna per residential structure, regardless of the number of dwelling units in the structure.

c. Installation may be either on the roof or on the ground. In both cases, the installation shall be adequately screened to minimize visibility from adjacent properties. If ground-mounted, the apparatus shall not be located in any front yard or side yard and shall not exceed the height of the principal building located on the lot. The permit application shall be accompanied by a screening plan and, for roof-mounted antennas, written certification from a structural professional engineer that the installation will be resistant to a 100-mile-per-hour wind.

d. The height of the apparatus (including antenna supports) shall not exceed nine feet. The surface area of the reflective dish shall not exceed 50 square feet, and the diameter of the reflective dish shall not exceed eight feet.

(c) Conditional uses.

(1) Public utility installations, subject to the provisions of § 33-25 of this chapter.

(2) Multifamily dwellings containing independent apartment units and/or assisted living units as hereinafter defined, together with accessory uses necessary for the operation of the facility or for the benefit or the convenience of the residents and their guests, including, but not limited to, kitchen and dining facilities, living rooms, places of worship, indoor and outdoor recreational uses, retail and banking facilities, beauty salons and barbershops, gift shops, classrooms, exercise facilities, security facilities, conference rooms, common areas, guests rooms, administration offices, medical offices, clinics, therapy uses, bathing areas, postal center, pharmacy, maintenance facilities, craft and music rooms, library and television rooms and heating and cooling equipment structures, provided that any such accessory uses are for the primary benefit of the residents of such development, subject to the following conditions:

a. Maximum building height: four stories and 60 feet above mean sea level, measured from mean sea level to the eave line or, if the roof is flat, to the roofline, or 45 feet above average grade from the average grade along the perimeter of the entire building to the eave line or, if the roof is flat, to the roofline, whichever is less.

b. Maximum gross density: 28 units per acre.

c. Minimum number of parking spaces: .65 parking spaces per unit, rounded to the next highest parking space.

d. Minimum lot size: six acres.

e. Maximum building coverage: 20% of lot area.

f. Maximum zone district coverage: 50%.

g. Minimum open space: 50%.

h. Maximum floor area ratio (ratio of total floor area of all floors of a building to total square footage of lot): 65%.

i. Minimum living area: independent apartment units, 500 square feet; assisted living units, 300 square feet.

j. Minimum building setbacks from a public right-of-way, 25 feet; from any premises zoned for single-family residential use, 50 feet; from any property zoned for multifamily use, 20 feet; from any premises used as parkland, 20 feet.

(d) Dimensional, density and other bulk restrictions.

(1) Minimums.

a. Open space (hereinafter defined): 40% of the RR-M District.

b. Off-street parking: two spaces for each dwelling unit, at least one of which shall be a private garage.

c. Building setbacks: 50 feet, except as follows:

1. If the zone boundary abuts dedicated parklands, the minimum distance between any structure and any boundary of the RR-M District shall be 15 feet; or

2. If the zone boundary abuts a dedicated street, the minimum distance between any structure and any boundary of the RR-M District shall be 25 feet; or

3. If the Planning Board determines in connection with site plan review that such distances are not required because of the buffer to be provided or because the subject buildings have a functional or aesthetic relationship which justifies the lack of adequate light and air exposures.

(2) Maximums.

a. Zone district coverage (hereinafter defined): 60% of the RR-M District.

b. Gross density (hereinafter defined): 15 dwelling units per acre.

c. Building height: 55 feet above sea level and 3 1/2 stories, measured from sea level to the eave line or, if the roof is flat, to the roofline. Any space between the eave line and the ridgeline shall be 1/2 story.

(e) Other provisions and requirements.

(1) Defined terms.

a. As used herein, "open space" shall mean land not occupied by structures, loading spaces, parking spaces, driveways and roadways. Land occupied by sidewalks, open or enclosed walkways, fountains, atriums, reflecting pools and landscaping shall be deemed to be "open space."

b. As used herein, "zone district coverage" shall mean that percentage of the district covered by structures, loading spaces, parking spaces, driveways and streets.

c. As used herein, "gross density" shall be computed by dividing the total number of dwelling units in the zone district by the total land area, in acres. Said land area shall include both open space and land occupied by buildings, structures, loading and parking spaces, walkways, driveways and roadways.

d. As used herein, an "independent apartment unit" shall mean a dwelling unit containing a living area, bedroom area(s), a kitchen area and bathroom(s), including studio-style apartments, that provides a residential living environment for persons over the age of 60 in a manner in which they may live independently while receiving one of more meals per day in a congregate setting.

e. As used herein, an "assisted living unit" shall be a dwelling unit licensed by the New Jersey Department of Health pursuant to N.J.A.C. 8:36-1 et seq., that provides a residential living environment accompanied by congregate meals, housekeeping and personal services for persons aged 60 or older who have temporary or periodic difficulties with one or more essential activities of daily living such as feeding, bathing, dressing or mobility.

(2) Buildings shall be located with sufficient distances between them or be designed so as to provide adequate light and air exposures.

(3) A residential building shall not contain more than 12 dwelling units. Each dwelling unit shall have a separate entrance to the outside or an entrance in common with not more than four other dwelling units.

(4) Exterior loading facilities shall be screened.

Sec. 33-24.17 RC-1 Redevelopment Commercial - Office/Retail District.

(a) Permitted principal uses.

[Amended by Ord. No. 18-2023, 4-18-2023]

(1) Retail sales of goods and services, except as specifically prohibited in § 33-26 hereof.

(2) Personal, business, governmental and utility service establishments.

(3) Professional, business, governmental and utility offices.

(4) Banks and other financial institutions.

(5) Business schools.

(6) Theaters.

(7) Medical and dental clinics.

(8) Cabarets and restaurants, including fast-food restaurants, and other places serving food and drink.

(b) Permitted accessory uses.

(1) Off-street parking facilities and/or spaces for the use of owners, tenants, patrons and employees of a principal use.

(2) Off-street loading and unloading facilities serving a principal use.

(3) Open or enclosed pedestrian walkways (including elevated walkways), bikeways, parks, reflecting pools, fountains and other landscape architecture.

(4) Swimming pools, tennis courts and other recreational facilities enclosed within or on a building.

(5) Exterior signs, in accordance with the following regulations:

a. Signs must relate to the uses being conducted on the premises.

b. One sign placed or inscribed upon any facade of a building for each permitted use or activity which occurs therein. The sign may be illuminated but shall not be of the flashing or animated type and shall not project more than 12 inches in front of the facade nor extend beyond the top or the end of the facade. The sign shall not exceed an area of two square feet for each foot in width of the front of the building or portion thereof devoted to such use or activity.

c. One nonilluminated, temporary sign pertaining to the lease or sale of the same lot or building upon which it is placed, situated within the property lines of the premises to which it relates and not exceeding the area of the permanent sign permitted under Subsection (b)(5)b hereinabove. This sign must be removed from the premises within two days after the property is leased or sold.

d. Freestanding or building-mounted illuminated signs to control the movement of traffic on the premises or to give directions to uses in the RR-M, RC-1, RC-2 and RC-3 Districts. These signs shall provide traffic directions only and shall not be used for advertising purposes. They shall not exceed the height of six feet when building-mounted or six feet above finished grade when freestanding. The sign shall not exceed an area of four square feet on each of two sides.

e. Any illuminated signs shall be shielded so as to prevent glare, and no sign shall be illuminated by lighting of intermittent or varying intensity, nor shall any sign be of any color light other than red, white or blue. No sign shall be moving or animated.

f. In addition to the above, all signs shall be of a design, character and placement approved by the Planning Board, pursuant to a site plan review.

(c) Conditional uses.

(1) Public utility installations, subject to the provisions of § 33-25 of this chapter and subject to the further requirement that all utility cables be installed underground.

(2) Wireless communications towers and antennas, subject to the provisions of § 33-25 of this chapter.

(d) Dimensional, density and other bulk restrictions.

(1) Minimums.

Type	Minimum Requirement
Open space (as defined in RR-M District regulations)	15% of the RC-1 District; provided, however, that so long as the total open space in the RC-1, RC-2 and RC-3 Districts is 15% or greater, then less than 15% shall be permitted in the RC-1 District
Off-street parking	3.3 spaces per 1,000 square feet of gross floor area of office space or retail sales space, except that 1 space shall be provided for each 5 seats in a theater
Distances between buildings	No portion of any building having a height in excess of 60 feet above sea level shall be located closer than 60 feet to any other building having a height in excess of 60 feet above sea level, and the vertical center line of the face of any such building shall be no less than 120 feet from the vertical face of any other such building
Building setback	300 feet from the northerly right-of-way line of DeGraw Avenue, 120 feet from the easterly boundary line of the RC-1 District and 200 feet from the northerly boundary line of the RC-1 District, except that if a landscaped strip at least 15 feet wide is provided around a parking structure and planted in a manner satisfactory to the approving authority, a one-level accessory parking structure shall be located no less than 50 feet from any residential zone, and each additional level shall require an additional 25 feet of setback, except that this setback shall not apply to elevator and stair cores. The foregoing may be waived or modified by the approving authority if a satisfactory natural or artificial screen of the parking structure can be created or is existing
Off-street loading	1 space for each 100,000 square feet of gross floor area

(2) Maximums.

Type	Maximum Requirement
Zone district coverage (as defined in RR-M District regulations)	85% of the RC-1 District; provided, however, that so long as the total zone district coverage in RC-1, RC-2 and RC-3 Districts is less than 85%, then 85% may be exceeded in the RC-1 District
Building height	100 feet above sea level, except where buildings are connected by an atrium serving as a covered mall and the following conditions are met:
	1.	The height shall be no greater than 100 feet above the lobby floor;
	2.	No building shall contain more than 6 stories above the lobby; and
	3.	The lobby floor elevation shall be no higher than 15 feet above sea level
Gross floor area	510,000 square feet of gross floor area for office use, 60,000 square feet of gross floor area for retail sales use

(e) Other provisions and requirements. As used herein and as distinguished from its general definition elsewhere in this chapter, "gross floor area" shall mean the sum of the gross horizontal areas of the floor or several floors of an enclosed building, measured between the inside face of exterior walls or from the center line of walls separating two buildings. Any equipment and mechanical areas, accessory building, basement and cellar, atrium and other pedestrian walkways and garage space is not to be included in computing gross floor area.

Sec. 33-24.18 RC-2 Redevelopment Commercial - Hotel/Motel District.

(a) Permitted principal uses. One or more structures with appurtenant common areas to accommodate the following uses:

(1) Hotel.

(2) Motel.

(b) Permitted accessory uses.

(1) The same as specified in the RC-1 District as permitted principal and accessory uses, except that sign regulations shall be as hereinafter set forth, that satellite antennas may be used for transmitting as well as receiving signals and that swimming pools, tennis courts and other recreational facilities may be within, on or outside of a building if accessory to a hotel or motel.

(2) Convention and conference facilities, meeting rooms and entertainment facilities.

(c) Conditional uses: the same as specified in the RC-1 District.

(d) Dimensional, density and other bulk restrictions.

(1) Minimums.

Type	Minimum Requirement
Open space (as defined in RR-M District regulations)	The same as specified in the RC-1 District
Off-street parking	0.7 space per bedroom, plus 150 spaces for accessory uses other than retail sales space; 3.3 spaces per 1,000 square feet of gross floor area (as defined in RC-1 District regulations) of retail sales space
Distances between buildings	The same as specified in the RC-1 District
Building setback	150 feet from the northerly right-of-way line of DeGraw Avenue; 150 feet from the westerly right-of-way line of Glenwood Avenue, as said street lines are laid out on the effective date of this chapter; vertical circulation elements servicing elevated pedestrian walkways (e.g., elevator and stair towers) that do not exceed 60 feet above sea level in height shall be set back a minimum of 10 feet from any street or property line; the above setback requirements shall not apply to elevated pedestrian walkways or their supporting columns
Off-street loading	3 spaces per 300 hotel/motel bedrooms; 1 space per 100 hotel/motel bedrooms, or part thereof, in excess of the first 300 bedrooms

(2) Maximums.

Type	Maximum Requirement
Zone district coverage	The same as specified in the RC-1 District
Building height	160 feet above sea level
Number of hotel/motel bedrooms	350

(e) Other provisions and requirements. Exterior signs shall conform to the following regulations:

(1) All signs, except directional signs controlled by Subsection (e)(4) hereof, must relate to the activity being conducted on the premises.

(2) One sign on each of two facades of the hotel/motel as an architectural feature of the building, having a height not greater than 10% of the height of the building or 15 feet, whichever is greater. Such signs shall contain only the name and/or logo of the hotel/motel, may be illuminated but shall not be of the flashing or animated type and shall not project more than 12 inches in front of the facade nor extend beyond the top or end of the facade.

(3) One sign placed or inscribed upon any facade of a building for each permitted or accessory use or activity which occurs therein. The sign may be illuminated but shall not be of the flashing or animated type and shall not project more than 12 inches in front of the facade nor extend beyond the top or the end of the facade. The sign shall not exceed an area of two square feet for each foot in width of the front of the building or portion thereof devoted to such use or activity.

(4) Freestanding or building-mounted illuminated signs to control traffic on the premises or to give directions to uses in the RR-M, RC-1, RC-2 or RC-3 District. These signs shall provide traffic directions only and shall not be used for advertising purposes. They shall not exceed the height of six feet when building-mounted or six feet above finished grade when freestanding. The area of the sign shall not exceed four square feet on each of two sides.

(5) Any illuminated signs shall be shielded so as to prevent glare, and no sign shall be illuminated by lighting of intermittent or varying intensity, nor shall any sign be of any color light other than red, white or blue. No sign shall be moving or animated.

(6) In addition to the above, all signs shall be of a design, character and placement approved by the Planning Board pursuant to site plan review.

Sec. 33-24.19 RC-3 Redevelopment Commercial - Hotel Accessory District.

(a) Permitted principal uses: the same principal uses and accessory uses as specified in the RC-1 and RC-2 Districts as permitted principal or accessory uses, excluding freestanding fast-food restaurants. The air rights above a public street shall be limited to pedestrian circulation (e.g., elevated pedestrian walkways).

(b) Permitted accessory uses: not applicable.

(c) Conditional uses: the same as specified in the RC-1 District.

(d) Dimensional, density and other bulk restrictions.

(1) Minimums.

Type	Minimum Requirement
Open space (as defined in RR-M District regulations)	The same as specified in the RC-1 District
Off-street parking	3.3 spaces per 1,000 square feet of gross floor area (as defined in the RC-1 District regulations) of retail sales space; all other uses, as set forth in the RC-1 and RC-2 District regulations; with the exception of garage openings, service access and mechanical areas, parking areas located within the footprint of buildings shall be enclosed and clad in a manner similar to the remainder of the building; landscaped buffer areas shall be provided adjacent to outdoor parking areas
Distances between buildings	The same as specified in the RC-1 District
Building setbacks	20 feet from East Oakdene Avenue, 10 feet from Glenwood Avenue and 15 feet from any other property line; the above setback requirements shall not apply to elevated pedestrian walkways or their supporting columns
Off-street loading	The same as specified in the RC-1 District
Height of an elevated pedestrian walkway above a public or private street	In accordance with the requirements of the New Jersey Department of Transportation

(2) Maximums.

[Amended by Ord. No. 35-2014, 11-12-2014]

Type	Maximum Requirement
Zone district coverage	The same as specified in the RC-1 District
Building height	160 feet above sea level
Height of elevated pedestrian walkway	60 feet above sea level

(e) Other provisions and requirements. Exterior signs shall conform to the following requirements:

(1) Signs must relate to the activity being conducted in the RR-M, RC-1, RC-2 or RC-3 District.

(2) One sign placed or inscribed upon any facade of a building for each permitted use or activity which occurs therein. The sign may be illuminated but shall not be of the flashing or animated type and shall not project more than 12 inches in front of the facade nor extend beyond the top or end of the facade. The sign shall not exceed an area of two square feet for each foot in width of the facade upon which it is mounted or portion thereof devoted to such use or activity. A sign identifying the address of the building upon which it is located shall not be considered a sign for the purposes of this section.

(3) One exterior illuminated temporary sign pertaining to the lease or sale of the redevelopment project or any part thereof situated within the property lines of the RC-3 District and not exceeding 1,000 square feet in area on any one side. This sign must be removed from the premises within 30 days after the property to which the sign pertains is leased or sold.

(4) One exterior illuminated permanent sign pertaining to the activities conducted in the redevelopment project or any part thereof situated within the property lines of the RC-3 District and not exceeding 500 square feet in area on any one side. This sign can be erected only when the temporary sign permitted by Subsection (e)(3) has been removed.

(5) Freestanding or building-mounted illuminated signs to control traffic on the premises or to give directions to uses in the RR-M, RC-1, RC-2 or RC-3 District. These signs shall provide traffic direction only and shall not be used for advertising purposes. They shall not exceed the height of six feet when building-mounted or six feet above finished grade when freestanding. The area of the sign shall not exceed four square feet on each of two sides.

(6) Freestanding signs necessary to control the movement of traffic on the premises may be erected. These signs shall provide traffic directions only and shall not be used for any advertising purpose. They shall not exceed a height of six feet nor an area of four square feet on each of two sides.

(7) Any illuminated signs shall be shielded so as to prevent glare, and no sign shall be illuminated by lighting of intermittent or varying intensity nor shall any sign be of any color light other than red, white or blue. No sign shall be moving or animated.

(8) In addition to the above, all signs shall be of a design, character and placement approved by the approving authority pursuant to a site plan review.

Sec. 33-24.20 MX Mixed-Use District.

(a) Permitted principal uses. The same as specified in the B-1 District and the B-2 District as permitted principal uses, and single-family and multifamily residential uses above the ground-floor story.

(b) Permitted accessory uses. Uses customarily incidental to the permitted principal uses.

(c) Conditional uses. The same as specified in the B-1 District and the B-2 District, except that single-family and multifamily residential uses above the ground floor story are permitted, not conditional, uses.

(d) Dimensional, density and other bulk restrictions.

(1) Minimums.

Types	Minimum Requirement
Lot area	None
Lot width	None
Front yard setback	The average of existing setbacks along the same side of the street to the nearest intersections
Side yard width	None
Rear yard depth	None, except as hereinafter set forth for properties abutting residential districts

(2) Maximums.

Type		Maximum Requirement
Building coverage		None
Lot coverage		None
Building height:
	Principal building	35 feet
	Accessory building	15 feet

(e) Other provisions and requirements.

(1) Signs. See § 33-18(c) of this chapter.

(2) Off-street parking; loading and unloading. See § 33-28 of this chapter.

(3) If the subject property abuts a residential district, a buffer and screening shall be provided in accordance with the standards and specifications of § 33-15(s).

Sec. 33-24.21 MX-1 Mixed-Use 1 District.

(a) Permitted principal uses.

[Amended by Ord. No. 30-2013, 10-22-2013; Ord. No. 18-2023, 4-18-2023]

(1) Retail sales of goods and services, except as specifically prohibited within this section as well as § 33-26 of this chapter;

(2) Offices, including medical offices, financial institutions and business schools;

(3) Cabarets and restaurants, with the exception of fast-food, drive-through restaurants;

(4) Theaters, assembly halls, and bowling alleys;

(5) Apartments over commercial uses, provided said uses shall not be located on the first floor along Cedar Lane frontage; and

(6) Off-street parking facilities; provided, however, that said uses shall not be permitted to have frontage on Cedar Lane.

(b) Permitted accessory uses: uses customarily incidental to permitted principal uses.

(c) Conditional uses:

(1) Wireless communication towers and antennas, subject to the provisions of § 33-25 of this chapter.

(2) Public utility installations, subject to the provisions of § 33-25 of this chapter.

(3) Drive-through facilities, subject to the provisions of § 33-25 of this chapter.

[Added by Ord. No. 5-2021, 2-23-2021]

(d) Prohibited uses as identified within § 33-26 of this chapter as well as the following:

(1) Fast-food drive-through restaurants.

(2) Motor vehicle service stations, public garages, automobile body repair or painting shops.

(e) Dimensional, density and other bulk restrictions.

(1) Minimums:

a. Lot area: none.

b. Lot width: none.

c. Side yard width: none.

d. Rear yard depth: 20 feet.

(2) Maximums:

a. Front yard setback: zero feet.

b. Building coverage: 25% unless off-street parking is not required under § 33-28(b)1, in which case maximum building coverage shall be 80%.

c. Lot coverage: 80% unless off-street parking is not required under § 33-28(b)1, in which case maximum lot coverage shall be 100%.

d. Building height, principal building: 45 feet and three stories; where a building or structure is immediately adjacent to a single-family residential dwelling unit the maximum building height shall not exceed 35 feet and three stories.

e. Building height, accessory building: 15 feet.

(f) Other provisions and requirements.

(1) Signs in accordance with § 33-18(c) of this chapter.

(2) Off-street parking, loading and unloading in accordance with § 33-28 of this chapter.

(3) If the subject property abuts a residential zoning district, a buffer and screening shall be provided in accordance with the standards and specifications of § 33-15(s).

Sec. 33-24.22 MX-2 Mixed-Use 2 District.

(a) Permitted principal uses.

[Amended by Ord. No. 18-2023, 4-18-2023]

(1) Retail sales of goods and services, except as specifically prohibited within this section as well as § 33-26 of this chapter;

(2) Offices, financial institutions and business schools; provided, however, that said uses shall not be permitted on the first floor along the Queen Anne Road or DeGraw Avenue frontage;

(3) Cabarets and restaurants, with the exception of fast-food drive-through restaurants;

(4) Theaters, assembly halls, and bowling alleys;

(5) Apartments over commercial uses, provided said uses shall not be located on the first floor along the Queen Anne Road or DeGraw Avenue frontage.

(b) Permitted accessory uses: uses customarily incidental to permitted principal uses.

(c) Conditional uses.

(1) Wireless communication towers and antennas, subject to the provisions of § 33-25 of this chapter.

(2) Public utility installations subject to the provisions of § 33-25 of this chapter.

(3) Drive-through facilities, subject to the provisions of § 33-25 of this chapter.

[Added by Ord. No. 5-2021, 2-23-2021]

(d) Prohibited uses as identified within § 33-26 of this chapter as well as the following:

(1) Fast-food drive-through restaurants.

(2) Motor vehicle service stations, public garages, automobile body repair or painting shops.

(e) Dimensional, density and other bulk restrictions.

(1) Minimums:

a. Lot area: none.

b. Lot width: none.

c. Side yard width: none.

d. Rear yard depth: 20 feet.

(2) Maximums:

a. Front yard setback: zero feet.

b. Building coverage: 25% unless off-street parking is not required under § 33-28(b)1, in which case maximum building coverage shall be 80%.

c. Lot coverage: 80% unless off-street parking is not required under § 33-28(b)1, in which case maximum lot coverage shall be 100%.

d. Building height, principal building: 35 feet and three stories.

e. Building height, accessory building: 15 feet.

(f) Other provisions and requirements.

(1) Signs in accordance with § 33-18(c) of this chapter.

(2) Off-street parking, loading and unloading in accordance with § 33-28 of this chapter.

(3) If the subject property abuts a residential zoning district, a buffer and screening shall be provided in accordance with the standards and specifications of § 33-15(s).

Sec. 33-24.23 P Public Land District.

(a) Purpose. The purpose of this district is to restrict development on public lands which are in use as schools, administrative facilities, parking lots, libraries and other public buildings and structures.

(b) Permitted principal uses.

(1) Public schools.

(2) Administrative facilities.

(3) Parking lots.

(4) Libraries.

(5) Recreational facilities.

(6) Wireless communications towers and antennas, subject to the provisions of § 33-25 of this chapter, except on property used for private or public school purposes.

(7) Other public buildings and structures.

(c) Permitted accessory uses: uses customarily incidental to the permitted principal uses.

(d) Conditional uses: none.

(e) Dimensional, density and other bulk restrictions: none.

(f) Other provisions and requirements: none.

Sec. 33-24.24 MH Medical and Health Facilities Overlay District.

(a) Permitted principal uses. The following principal uses shall be permitted in the MH Medical and Health Facilities Overlay Zoning District:

(1) Facilities for outpatient treatment and care, including urgent medical care.

(2) Medical support facilities, such as medical laboratories, clinics, surgical facilities, diagnostic testing, physical therapy and pharmaceutical facilities.

(3) Offices for doctors, health care practitioners and administrative offices related thereto.

(4) Indoor lifestyle health facilities, health clubs and health and beauty spas.

(b) Permitted accessory uses:

(1) Uses that are customary and incidental to the principal permitted uses in the zone.

(2) Outdoor and indoor gardens, open space and landscaping.

(3) Off-street parking and loading facilities.

(c) Conditional uses: none.

(d) Dimensional, density and other bulk restrictions. Except as otherwise provided herein, principal and accessory uses permitted within the MH Medical and Health Facilities Overlay Zoning District shall comply with the requirements and regulations governing the underlying zoning district.

(e) Other provisions and requirements.

(1) Signs in accordance with § 33-18(c) of this chapter.

(2) Off-street parking requirements: one space per 200 square feet or part thereof; loading and unloading requirements in accordance with § 33-28 of this chapter.

(3) If the subject property abuts a residential zoning district, a buffer and screening shall be provided in accordance with the standards and specifications of § 33-15(s).

Sec. 33-24.25 MOR Medical Office Residential Overlay District.

[Added by Ord. No. 4-2013, 4-23-2013]

(a) Permitted principal uses. The following principal uses shall be permitted in the Medical Office Residential Overlay District (MOR), in addition to those permitted in the underlying district:

(1) Medical offices, which may include diagnostic treatment and medical procedure facilities for private physicians, other health care professionals and their employees.

(2) Hospital-related uses, including:

a. Patient rooms, for outpatient treatment and care.

b. Support facilities, such as medical laboratories, medical clinics, surgical facilities, diagnostic testing, physical therapy and pharmaceutical facilities.

c. Offices for hospital administration and hospital employees.

d. Medical educational, training and conference facilities.

(b) Permitted accessory uses:

(1) Uses that are customary and incidental to the permitted principal uses in the overlay zone.

(2) Off-street parking and loading facilities.

(c) Conditional uses: none.

(d) Dimensional, density and other bulk restrictions.

(1) Minimums:

a. Lot area: 7,500 square feet.

b. Lot width: 75 feet.

c. Front yard setback: 25 feet, or the average of existing setbacks along the same side of the street within the block of two lots to the left and two lots to the right of the property proposed to be developed, whichever is greater. In the event that there are fewer than two lots to either side of the lot to be developed within the street block, then a total of four lots along the street block shall be used in the calculation of the average setback. In the event that there are fewer than four lots along the street block, then all lots along the street block shall be used in the calculation of the average setback.

d. Side yard width (each side):

1. For lots of 60 feet or greater in width: 10 feet, or 15% of lot width, whichever is greater.

2. For lots of less than 60 feet in width: seven feet.

e. Side yard width (combined): 30% of lot width.

f. Rear yard depth: 15 feet.

(2) Maximums:

a. Building coverage: 25%.

b. Lot coverage: 75%.

c. Building height, principal building: 35 feet or 2 1/2 stores, whichever is less.

d. Building height, accessory building: 15 feet.

(3) Other. In all other respects, the requirements for development In the MOR Medical Office Residential Overlay Zone shall be the same as those required for the R-S Residential Single-Family Detached District.

Sec. 33-24.26 MOB Medical Office Business Overlay District.

[Added by Ord. No. 4-2013, 4-23-2013]

(a) Permitted principal uses. The principal uses permitted in this district, in addition to those permitted in the underlying district, shall be the same as those permitted in the Medical Office Residential Overlay District (MOR).

(b) Permitted accessory uses: the same as the accessory uses permitted in the Medical Office Residential Overlay District.

(c) Conditional uses: none.

(d) Dimensional, density and other bulk restrictions.

(1) Minimums:

a. Lot area: 10,000 square feet.

b. Lot width: 100 feet.

c. Front yard setback: 10 feet plus 2 feet for any stories in excess of one story.

d. Side yard width: 10 feet.

e. Rear yard depth: 20 feet.

f. Landscaped open space: 10% of lot area.

(2) Maximums:

a. Building coverage: 40%.

b. Lot coverage: 80%.

c. Building height, principal building:

1. Four stories or 50 feet, whichever is less, for lots located south of New Jersey Route 4.

2. Two stories or 24 feet, whichever is less, for lots located north of New Jersey Route 4.

d. Building height, accessory building: 15 feet.

(3) Other. In all other respects, the requirements for development in the Medical Office Building Overlay District (MOB) shall be the same as those required by the underlying business zone.

Sec. 33-24.27 R-MO3 Residential - Multifamily 3 Overlay District.

[Added by Ord. No. 48-2015, 2-9-2016; amended by Ord. No. 5-2019, 3-26-2019]

(a) Permitted principal uses.

(1) Multifamily dwellings.

(2) Hotels.

(b) Permitted accessory uses.

(1) Off-street parking facilities.

(2) Swimming pools installed and used in accordance with Chapter 34 of the Township Code and all other health, safety and development ordinances which relate to water filtration, circulation and treatment; fencing; noise control; and lighting.

(3) Recreational amenities utilized by residents, including sport courts, fitness centers and game rooms.

(4) Convenience retail establishments as an accessory use to multifamily dwellings, providing that no more than 10% of the total floor area is devoted to such a use, and provided that such use is located on the ground floor. No additional parking shall be required for such uses to encourage their provision.

(5) Other accessory uses customarily associated with multifamily residential developments, provided that such uses are subordinate to the principal use, do not change the character of the principal use and serve only the principal use.

(c) Dimensional, density and other bulk restrictions.

Type	Minimum Requirements
Lot size	1 acre
Lot width at the street line	200 feet
Building setbacks
Front	60 feet
One side	25 feet
Both sides	75 feet
Rear	25 feet
Driveway setbacks
To property line	15 feet
To building	10 feet
Parking setbacks (surface)
To property line	15 feet
To building	10 feet
Open space
Surface	20% of lot area
Total (including roof gardens)	40% of lot area
Parking ratios:
For residential use (RSIS)
1 bedroom	1.8 spaces per unit
2 bedroom	2 spaces per unit
3 bedroom	2.1 spaces per unit
Hotels	[See § 33-18(e)(3)b]

Type	Maximum Requirements
Building coverage	65% of lot area
Density	60 units/acre
Height (whichever is less)
Stories	5 stories*1
Feet	70 feet

NOTES:
*1	Inclusive of floors above grade devoted to parking.

(d) Other provisions and requirements.

(1) Signs. See § 33-18(c) of this chapter.

(2) Off-street parking. See § 33-28 of this chapter, except as otherwise set forth above in this subsection or § 33-18(e)(3) of this chapter.

(3) Open and extended parking of recreational vehicles. The same as specified in the R-S District.

(4) Commercial vehicles. The same as specified in the R-S District.

(5) Affordable housing. A minimum of 15% of rental units and 20% of for-sale units shall be designated for low- and moderate-income families in accordance with Uniform Housing Affordability Controls (UHAC).

Sec. 33-24.28 R-RO Residential Row House Overlay District.

[Added by Ord. No. 14-2017, 7-6-2017]

(a) Permitted principal uses.

(1) Rowhouses.

(2) Townhouses.

(3) Stacked rowhouses or stacked townhouses.

(4) Apartments, but only for inclusionary low- and moderate-income households.

(b) Permitted accessary uses.

(1) Off-street parking facilities, including attached or enclosed garages, detached garages or surface parking.

(2) Other customary and accessary uses associated with the permitted principal uses, provided that they are subordinate to the principal uses, do not change the character of the principal use, and serve only the principal use.

(c) Conditional uses.

(1) None.

(d) Dimensional, density and other bulk restrictions.

(1) Minimums.

a. Lot area: 20,000 square feet.

b. Lot width: 175 feet.

c. Lot depth: 100 feet.

d. Front yard setback for buildings (from East Oakdene Avenue):

1. If parking and vehicular access are provided at the rear of the building, the setback of buildings to East Oakdene Avenue shall be at least 10 feet and no more than 30 feet.

2. If parking and vehicular access are provided at the front of the building, the front building setback shall not be less than 40 feet and no more than 55 feet.

e. Side yard setbacks for buildings:

1. A minimum of 15 feet from Glenwood Avenue and to adjacent zone boundary lines.

2. A minimum of 10 feet when adjacent to property lines within the R-RO District.

3. A minimum distance of 15 feet between buildings, if more than one building is located on a single property.

f. Rear yard setback for buildings: 30 feet.

g. Front yard setbacks for parking or driveways: five feet.

h. Side yard setbacks for parking or driveways: 10 feet.

i. Rear yard setbacks for parking or driveways: 10 feet.

(2) Maximums.

a. Gross density (inclusive of affordable units).

1. For rowhouse or townhouse developments: 16 units per acre.

2. For stacked rowhouses or stacked townhouse developments: 30 units per acre.

b. Building coverage: 50%.

c. Lot coverage: 75%.

d. Buildings height: 40 feet or three stories.

(e) Other provisions and requirements.

(1) Affordable housing set-aside.

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

1. Rental projects: 15% of the total units.

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

b. Such dwelling units may be apartments, provided their external appearance is no different than that of the market-rate units, and provided that no more than two units share access from the exterior.

(2) Individual unit parking. At least one parking space per unit shall be provided in an interior, enclosed garage, except that some or all of the parking for the affordable units may be provided in a surface parking area. For all units, additional parking space(s) beyond the first required space per unit may be located in interior attached or detached garages, in surface lots, or as tandem spaces within driveway aprons in front of attached or detached garages. Parking spaces within driveway aprons shall be a minimum of 20 feet deep by eight feet in width. None of these individual unit parking spaces may be designated, reserved or used specifically as visitor or guest parking.

(3) Visitor guest parking. Visitor guest parking shall be provided in surface lots or along shared access driveways.

(4) Signage. One sign per development may be permitted which shall either be a single wall sign with a sign face of no larger than 2 1/2 feet high and six feet wide, and located no higher than the first floor of the building, or a one- or two-sided monument sign, with a sign face also no larger than 2 1/2 feet high and six feet wide, with the top of the sign no higher than four feet above grade and located with a minimum setback of five feet from the property line.

(5) In addition, development in the R-RO District shall comply with all other applicable requirements of Chapter 33, Development Regulations, of the Township of Teaneck, except that where such standards conflict with those enumerated herein, the standards of the R-RO District shall apply. All development in the R-RO District shall also comply with the site and building design guidelines set forth in § 33-18(g).

Sec. 33-24.29 R-AHO Residential Affordable Housing Overlay Zone.

[Added by Ord. No. 6-2019, 3-26-2019]

(a) Intent. The intent of the overlay zone is to permit the development of an inclusionary multifamily residential development in which a certain proportion of the dwelling units are set aside for occupancy by low- and moderate-income households.

(b) Permitted principal uses.

(1) Townhouses.

(2) Apartments.

(3) A mix of townhouse and apartments.

(c) Permitted accessory uses. Accessory uses and structures which are customary and incidental to the principal permitted uses on the lot.

(d) Dimensional, density and other bulk restrictions.

(1) For townhouses.

a. Minimums.

1. Lot area: 1 1/2 acres.

2. Lot width: 150 feet.

3. Front yard setback: 20 feet.

4. Side yard width, end unit: 10 feet.

5. Rear yard depth: 25 feet.

b. Maximums.

1. Dwelling units per acre: eight.

2. Building coverage, per lot: 40%.

3. Lot coverage: 70%.

4. Building height, principal building: 42 feet.

[Amended by Ord. No. 14-2022, 5-17-2022]

5. Building height, accessory building: 15 feet.

(2) For apartments.

a. Minimums.

1. Lot area: 1 1/2 acres.

2. Lot width: 150 feet.

3. Front yard setback: 30 feet.

4. Side and rear yard setback: 30 feet.

5. Distance between buildings, end to end: 30 feet.

6. Distance between buildings, all other: 40 feet.

b. Maximums.

1. Dwelling units per acre: 12

2. Building coverage: 20%.

3. Lot coverage: 65%.

4. Building height, principal building: 42 feet.

[Amended by Ord. No. 14-2022, 5-17-2022]

5. Building height, accessory building: 15 feet.

(e) Townhouses and apartments. Where a combination of market-rate townhouses and affordable apartment unit is provided, the bulk standards set forth for townhouses in Subsection (d)(1) above shall apply, except that the maximum overall density permitted shall be 12 units per acre.

(f) Affordable housing requirements.

(1) In the case of a for-sale project, 20% of the units shall be set aside for low- and moderate-income households. In the case of a rental project, 15% of the units shall be set aside for low- and moderate-income households.

(2) The affordable units shall have a minimum thirty-year deed restriction.

(3) Any such affordable units shall comply with the Uniform Housing Affordability Controls (UHAC), applicable COAH affordable housing regulations, the Fair Housing Act,[1] any applicable order of the court, and other applicable laws. The units shall meet the bedroom distribution required by UHAC. The units shall meet the low/moderate income split required by the Uniform Housing Affordability Controls and provide at least 13% of the units as very-low-income units as mandated by the Fair Housing Act.

[1] Editor's Note: See N.J.S.A. 52:27D-301 et seq.

Sec. 33-24.30 CCO Community Center Overlay District.

[Added by Ord. No. 2-2022, 1-18-2022]

(a) Purpose. The purpose of this district is to restrict and provide guidance for the use of former public lands, buildings and structures for private, community or religious use.

(b) Permitted principal uses.

(1) Privately owned nonprofit community centers, education establishments, recreation facilities and houses of worship.

(c) Permitted accessory uses: uses customarily incidental to the permitted principal uses.

(d) Conditional uses: none.

(e) Dimensional, density and other bulk restrictions:

(1) Minimum lot area: 1 acre.

(2) Maximum lot coverage: 60%.

(3) Minimum building setback from all property lines: 25 feet.

(4) A solid wall or fence and/or landscaped buffer with a height of six feet shall be provided along all property lines that abut residential-zoned property subject to the provisions and requirements set forth in Subsection (c) of § 33-29.

(5) Minimum parking spaces: one for every four allowable occupants in the largest place of assembly.

(f) Other provisions and requirements: none.

Sec. 33-24.31 SHO Senior Housing Overlay District.

[Added by Ord. No. 48-2022, 11-22-2022]

(a) Definition.

AGE RESTRICTED RESIDENTIAL UNIT

A housing unit designed to meet the needs of, and exclusively for, the residents of an age-restricted segment of the population where the head of the household is a minimum age of either 62 years, or 55 years and meets the provisions of 42 U.S.C. § 3601 et seq., except that due to death, a remaining spouse of less than 55 years of age shall be permitted to continue to reside.

(b) Permitted principal uses.

(1) Age-restricted residential units.

(2) Assembly/community space for use by residents or privately owned nonprofit community organizations or houses of worship.

(3) Off-street parking facilities serving houses of worship located within 750 feet of the subject property.

(c) Permitted accessory uses.

(1) Off-street parking facilities.

(2) Other customary and accessory uses associated with the permitted principal uses, provided that they are subordinate to the principal use, do not change the character of the principal use and serve only the principal use, including but not limited to the following:

a. Lobby, management offices, leasing or sales offices for dwelling units or commercial space;

b. Conference center, meeting rooms, business center, billiards, pool, game arcade, simulator, spa, lounge;

c. Dropoff/package delivery area, loading spaces and docks, recycling and refuse storage areas;

d. Amenities (indoor/outdoor), including but not limited to active or passive amenity courtyard space and/or terraces, rooftop, pool, fitness center and multipurpose rooms.

e. Lockers and storage, including for mail parcels and packages.

(d) Dimensional, density and other bulk restrictions.

(1) Minimums.

a. Lot area: 20,000 square feet.

b. Lot width: 100 feet.

c. Setbacks: 10 feet from any property line.

(2) Maximums.

a. Lot coverage: 80%.

b. Building height: six stories/76 feet.

(e) Other provisions and requirements.

(1) Off-street parking.

a. Age-restricted or senior housing apartments:

1. One-bedroom: 0.4 space/unit.

2. Two-bedroom: 0.8 space/unit.

b. Assembly space for nonprofit/house of worship: one space for every four allowable occupants in the largest place of assembly.

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

a. Rental projects: 15% of the total units.

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

(3) Site and building design requirements. In reviewing site plan applications for the SHO District, the approving authority shall consider the criteria set forth in the following provisions. In reviewing such applications, the approving authority shall have the power to grant waivers from the following provisions as may be reasonable and within the general purposes and intent of this chapter, if the literal enforcement of one or more provisions of this subsection is impractical or will enact undue hardship because of peculiar conditions pertaining to the land in question.

a. Fencing, buffers, lighting and landscaping.

1. A six-foot-high board-on-board fence shall be provided along any property line adjacent to a residential use.

2. A buffer of a minimum width of 10 feet comprised of a double row of staggered trees with at least two varieties of evergreen and deciduous trees (four varieties in total) shall be provided along the entire length of property lines adjacent to residential uses.

3. Exterior lighting shall be limited to vehicle entrances, parking areas, retail entries (if retail uses are provided) and for residential uses at the front lobby pedestrian entry area only. A light fixture shall not exceed a height of 18 feet and shall have shields to prevent light spillage onto any adjacent property.

4. Areas of the site which are not covered by buildings or paving shall be landscaped with lawn, shrubs and trees.

b. Refuse and recycling. Refuse and recycling areas are encouraged to be provided within the building. If such areas are provided outdoors, they shall only be permitted in the rear yard and shall meet the same setbacks as those required for buildings. Such areas shall be shielded on all sides by wood, simulated wood or steel fencing, or walls of the same exterior material and color as that of the principal building, and sufficient in height to screen all refuse and recycling storage containers.

(4) Building design.

a. Massing and architecture.

1. Building mass should be delineated horizontally to highlight the base and the roofline, with the highest level of detailing and more substantial weight materials on the lowest portion. The base of buildings should be highlighted architecturally, such as with varied fenestration; different materials; taller floor heights; horizontal banding, belt course, cornices, or other detailing; and varied material textures or patterns. The roofline should be highlighted with a parapet wall, balustrade, or deep cornice.

b. Architectural detailing.

1. Building facades shall be broken down so that they appear as a series of distinct bays, each not to exceed 50 feet in width. The distinguishing features of such bays should include dimensional changes, such as columns, pilasters, or changes in facade plane, as well as textural, pattern, and/or material variation.

2. Upper-story residential facades on all sides of buildings shall have windows occupying at least 25% of such upper-floor facade areas. Upper-level windows shall be vertically proportioned and shall have raised trim and/or recessed glazing so as to create shadow lines for visual interest.

3. Primary building entries shall be architecturally highlighted in the facade through features such as building massing, projecting or recessed entries, glazing patterns, transom windows, and canopies or awnings.

4. Preferred primary materials for solid portions of building facades are masonry, brick, wood, HardiePlank^® or similar fiber cement siding. Metal may be used as an accent material. No more than three different primary materials should be used on building facades. Within the primary materials, variations in colors, textures, and pattern may be employed to further break up the bulk or mass of a building. All building facades should exhibit the same or similar degree of architectural detailing.

5. Materials and/or details should be extended around building corners and extensions in order to avoid a pasted-on appearance. Material changes should occur at a logical transition point, related to dimensional architectural massing or detailing.

6. Any portion of enclosed parking areas within the building shall be architecturally screened along all street-facing frontages so as to disguise the parking areas. The facade of a parking area shall have window openings that match the fenestration of the residential stories and incorporate decorative screening grilles and/or transparent glazing.

Sec. 33-25 Conditional use criteria.

[Ord. No. 1811, § 26; amended by Ord. No. 1821, §§ 2, 3, 4, 5; Ord. No. 1859, 5-27-1980, § 9; Ord. No. 1904, 4-7-1981, § 1; Ord. No. 1941, 2-2-1982, § 3; Ord. No. 2019, 1-3-1984, § 1; Ord. No. 2042, 7-9-1984, § 8; Ord. No. 3498, 5-13-1997, § 11; Ord. No. 3550, 4-7-1998, § 1; Ord. No. 3623, 2-8-2000, § 2; Ord. No. 3908, 10-6-2005, § 3; Ord. No. 3953, 7-25-2006, § 1; Ord. No. 4005, 5-8-2007, § 1; Ord. No. 4015, 8-21-2007, §§ 4, 5; Ord. No. 10-2020, 6-16-2020]

(a) Public utility installations. The following specifications and standards shall apply to the development of a public utility installation in a district which permits the same as a conditional use:

(1) A "public utility" shall be those activities and operations enumerated in N.J.S.A. 48:2-13, under privileges granted by the State of New Jersey or by any political subdivision thereof. Said public utilities include but are not necessarily limited to transportation systems, such as railroad and bus, gas, electric, water and sewer service, solid waste collection and/or disposal, telephone and telegraph systems and radio and television transmitting and receiving stations.

(2) Open storage yards in the L-I District shall be screened.

(3) The approving authority shall determine that the proposed installation is necessary and convenient for the efficiency of the public utility system in the proposed location and that all other alternative locations have been fully investigated and rejected.

(4) Any adverse effects to the safety and aesthetics of the surrounding neighborhood shall be effectively minimized by mechanical devices and procedures and by sufficient fencing, landscaping and setbacks.

(b) Public nursery schools and public and private elementary and secondary schools. The following specifications and standards shall apply to the development of public nursery schools and public, parochial and private elementary and secondary schools in a district which permits the same as a conditional use:

[Amended by Ord. No. 2-2022, 1-18-2022]

(1) They shall be certified by the appropriate licensing authority of the State of New Jersey.

(2) Dimensional, density and other bulk restrictions.

a. Minimums.

Type		Minimum Requirement
Lot area
	Public nursery schools	1/2 acre
	Elementary schools	5 acres, plus 1 additional acre for each 100 pupils
	Secondary schools	10 acres, plus 1 additional acre for each 100 pupils
Lot width
	Public nursery schools	None
	Elementary schools	150 feet
	Secondary schools	400 feet
Front yard setback
	Public nursery schools	25 feet or a distance equal to the height of the building, whichever is greater
	Elementary schools and secondary schools	100 feet
Rear yard setback
	Public nursery schools	25 feet or a distance equal to the height of the building, whichever is greater
	Elementary schools	100 feet
Side yard width
	Public nursery schools	15 feet or a distance equal to 1/2 the height of the building, whichever is greater, for either side yard, for both side yards of 30 feet or a distance equal to the height of the building, whichever is greater
	Elementary schools and secondary schools	100 feet for either side yard, and a combined width for both side yards of 200 feet

b. Maximums.

Type		Maximum Requirement
Building coverage
	Public nursery schools	30%
	Elementary schools	35%
Lot coverage
	Public nursery schools	60%
Building height
	Public nursery schools	35 feet

(3) On-tract parking shall be provided in the following ratios:

Type	Requirement
Public nursery schools	1 parking space per staff member or employee, plus 3 spaces, but no fewer than a total of 5 parking spaces
Elementary schools and junior high schools	1 parking space per staff member or employee, plus 1 parking space for each 10 pupils
High schools	1 parking space per staff member or employee, plus 1 parking space for each 5 pupils
The foregoing requirements are deemed to be minimum requirements and may be increased by the approving authority based upon the unavailability of public transportation, the distances to be traveled by the student population and, in the case of high school students, the percentage of students driving their own motor vehicles.

(4) On-site loading and unloading areas for buses and delivery vehicles shall be provided no closer than 150 feet to any intersecting public street.

(5) No driveway shall open onto a public street within 150 feet of an intersecting public street, measured from the intersection of the tangents of the adjacent curblines.

(6) Development shall be barred if any lot line of the proposed development would be either within a 1,000-foot linear zone or within a 250-foot perimeter zone, in which the lot line of an existing school, house of religious worship, nonprofit recreational facility, public or private meeting hall or other place of public assembly is also within said linear zone or perimeter zone.

a. As used herein, "linear zone" shall mean both sides of the street on which the proposed development will front and, if the street terminates less than 1,000 feet in either direction, then the linear zone shall include the balance of 1,000 feet along the same street course as if it were extended. If the street right-of-way changes course and/or becomes another named street, the linear zone shall continue into the new course or new street for the balance of the linear distance.

b. As used herein, "perimeter zone" shall mean the area surrounding the proposed development lot and parallel to the lot lines of the proposed development.

(7) Fences not exceeding six feet in height may be permitted within the required front yard, side yard and rear yard setbacks, provided same comply with the sight triangle requirements of § 33-29(b)(1) required at each intersection of streets and streets and driveways.

(c) Recreational facilities. The following specifications and standards shall apply to the development of nonprofit recreational facilities in a district which permits same as a conditional use:

(1) The term "nonprofit recreational facilities" shall mean buildings and/or vacant lands either owned or operated by a nonprofit membership organization and used for recreational purposes, such as a swim club, tennis club, golf club, playground or park.

(2) No building, structure or active recreational use shall be located within 75 feet of a residential lot line.

(3) Dimensional, density and other bulk restrictions.

a. Minimums.

1. Lot area: 1 acre.

2. Lot width: 200 feet.

b. Maximums.

1. Lot coverage: 20%.

(4) One on-tract parking space shall be provided for every two anticipated family memberships or for every four anticipated members, whichever is greater.

(5) Any adverse effects to the safety and aesthetics of the surrounding neighborhood shall be effectively minimized by the appropriate use of artificial or natural landscaping, screening and fencing.

(6) Development shall be barred if any lot line of the proposed development would be either within a 1,000-foot linear zone or within a 250-foot perimeter zone, in which the lot line of an existing child-care center, school, house of religious worship, nonprofit recreational facility, public or private meeting hall or other place of public assembly is also within said linear zone or perimeter zone.

a. As used herein, "linear zone" shall mean both sides of the street on which the proposed development will front, and, if the street terminates less than 1,000 feet in either direction, then the linear zone shall include the balance of 1,000 feet along the same street course as if it were extended. If the street right-of-way changes course and/or becomes another named street, the linear zone shall continue into the new course or new street for the balance of the linear distance.

b. As used herein, "perimeter zone" shall mean the area surrounding the proposed development lot and parallel to the lot lines of the proposed development.

(7) No driveway shall open onto a public street within 150 feet of an intersecting public street, measured from the intersection of the tangents of the adjacent curblines.

(d) Houses of religious worship. The following specifications and standards shall apply to the development of houses of worship in a district which permits same as a conditional use:

[Amended by Ord. No. 10-2020, 6-16-2020]

(1) Fences not exceeding six feet in height may be permitted within the required front yard, side yard and rear yard setbacks, provided same comply with the sight triangle requirements of § 33-29(b)(1) required at each intersection of streets and streets and driveways.

(2) Dimensional, density and other bulk restrictions.

a. Minimums.

Type	Minimum Requirement
Lot area	1/2 acre
Side yard width	15 feet or a distance equal to 1/2 of the height of the building, whichever is greater
Side yard width, combined	30 feet or a distance equal to the height of the building, whichever is greater
Front yard setback	25 feet or a distance equal to the height of the building, whichever is greater
Rear yard setback	25 feet or a distance equal to the height of the building, whichever is greater

b. Maximums.

Type	Maximum Requirement
Building coverage	30%
Lot coverage	60%
Building height	35 feet

(3) Off-street parking shall be provided as follows: One on-tract parking space shall be provided for every 100 square feet of public assembly area up to 3,000 square feet. In excess of 3,000 square feet of public assembly area, 30 on-tract parking spaces shall be provided, plus one on-tract parking space for every 200 square feet of public assembly area in excess of 3,000 square feet of public assembly space.

(4) No driveway shall open onto a public street within 75 feet of an intersecting public street, measured from the intersection of the tangents of the adjacent curblines.

(5) The exterior design of any structure used in connection with such facility shall conform to the general character of the area.

(e) (Reserved)[1]

[1] Editor's Note: Former § 33-25(e) of the 1965 Code, Group-care housing, was repealed by Ord. No. 2-2022, 1-18-2022.

(f) Nursing homes. The following specifications and standards shall apply to the development of a nursing home in a district which permits same as a conditional use:

(1) On-site parking shall be provided in a ratio of one space for every three beds, plus one on-tract space for each staff member.

(2) Dimensional, density and other bulk restrictions. The provisions in the R-M District for multifamily dwellings shall apply, except as hereinafter set forth.

a. Minimums.

1. Front yard setback, side yard setback and rear yard setback: As set forth in the R-M District, except that the yard shall be increased one foot for each foot by which the building exceeds 35 feet in height.

b. Maximums.

1. Building height principal building: 44 feet in the B-1 and B-2 Districts, 35 feet in the R-M District.

(3) (Reserved)[2]

[2] Editor's Note: Former § 33-25(f)(3) of the 1965 Code, Landscaped buffer, was repealed by Ord. No. 2-2022, 1-18-2022.

(4) No driveway shall open onto a public street within 150 feet of an intersecting public street, measured from the intersection of the tangents of the adjacent curblines.

(g) Motor vehicle service stations and public garages. The following specifications and standards shall apply to the development of motor vehicle service stations and public garages in a district which permits same as a conditional use:

(1) Fuel pumps shall be located not less than 25 feet from any street line or property line.

(2) The entire area of the site traversed by motor vehicles shall be hard-surfaced.

(3) Driveways shall cross the sidewalk at right angles and shall not be more than 30 feet wide. Driveways shall be no less than 10 feet from any side lot line and no less than 50 feet from intersecting street lines. No more than two driveways shall be permitted for each 100 feet of street frontage.

(4) Motor vehicle repairs shall be performed in a fully enclosed building. No parts or partially dismantled motor vehicles shall be stored out of doors.

(5) (Reserved)[3]

[3] Editor's Note: Former § 33-25(g)(5) of the 1965 Code, Landscaped buffer, was repealed by Ord. No. 2-2022, 1-18-2022.

(6) The use of a motor vehicle service station or public garage for overnight parking of vehicles, other than vehicles owned by the proprietor or employees thereof, shall be permitted, subject to the following requirements:

a. No vehicle in excess of one ton manufacturer's rated capacity may be parked overnight.

b. Each space to be used for overnight parking shall be striped and numbered.

c. No interior building space of the service station shall be so used, except to store customers' vehicles under repair.

d. A zoning permit shall be obtained as provided in § 33-23 hereof, except that the zoning permit shall expire every 12 months and shall be renewable annually. The Zoning Officer may decline to renew the zoning permit if he determines that a condition of the permit has been violated. Site plan approval shall not be required for the use of an existing motor vehicle service station or public garage for overnight parking of vehicles.

(7) On-site parking shall be provided in a ratio of one space per 1,000 square feet of lot area.

(h) Home professional office. The following specifications and standards shall apply to the development of a home professional office which employs more than two persons other than the resident professional, but no more than six such employees. If no more than two persons other than the resident professional are employed, the use is a permitted accessory use in the R-S and R-M Districts, and these criteria do not apply. If more than six persons other than the resident professional are employed, the use is prohibited.

(1) One on-tract parking space shall be provided for each nonresident employee, plus three spaces for clients or patients of the professional. In addition, on-site spaces for the dwelling unit shall be provided as set forth in § 33-28(b)(3). The approving authority may reduce the required number of off-street parking spaces if on-street parking is available and preferred to blacktopping the subject property or municipal or other off-street parking is accessible in the immediate area.

(2) The office shall occupy no more than the equivalent of 1/2 of the gross floor area of the building in which it is located.

(3) Any adverse effects to the safety and aesthetics of the surrounding neighborhood shall be effectively minimized by the appropriate use of artificial or natural landscaping, screening and fencing.

(i) Fast-food restaurant. The following specifications and standards shall apply to the development of a fast-food restaurant in a district which permits same as a conditional use:

(1) No drive-in or drive-through facilities are permitted.

(2) No driveway shall open upon a public street within 150 feet of an intersecting public street, measured from the intersection of the tangents of the adjacent curblines.

(3) No more than two driveways shall be permitted for each 100 feet of street frontage.

(4) One on-site parking space shall be provided for every two seats, plus 10% of the required spaces for employee parking.

(5) No lot line or portion thereof shall be within 1,500 feet of the lot line or portion thereof of another fast-food restaurant, car wash or tire distribution center.

(j) Car wash. The following specifications and standards shall apply to the development of a car wash in a district which permits same as a conditional use:

(1) No driveway shall open upon a public street within 150 feet of an intersecting public street, measured from the intersection of the tangents of the adjacent curblines.

(2) No more than two driveways shall be permitted for each 100 feet of street frontage.

(3) No lot line or portion thereof shall be within 1,500 feet of the lot line or portion thereof of another car wash, fast-food restaurant or tire distribution center.

(k) Tire distribution center. The following specifications and standards shall apply to the development of tire distribution centers in a district which permits same as a conditional use:

(1) No driveway shall open upon a public street within 150 feet of an intersecting public street, measured from the intersection of the tangents of the adjacent curblines.

(2) No more than two driveways shall be permitted for each 100 feet of street frontage.

(3) No lot line or portion thereof shall be within 1,500 feet of the lot line or portion thereof of another tire distribution center, fast-food restaurant or car wash.

(l) Retail alcoholic beverage distributor. The following specifications and standards shall apply to premises used, in whole or in part, for the retail sale of alcoholic beverages under a plenary retail distribution license, in a district which permits same as a conditional use:

(1) No lot line or portion thereof shall be within 1,500 feet of the lot line or portion thereof of another retail liquor distributor.

(m) Wireless communications towers and antennas.

(1) Purpose. The purpose of this subsection is to establish general guidelines for the siting of wireless communications towers and antennas. The goals of this subsection are to protect residential areas and land uses from potential adverse impacts of towers and antennas; encourage the location of towers in nonresidential areas; minimize the total number of towers throughout the community; strongly encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers; encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal; encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, siting, landscape screening and innovative camouflaging techniques; enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively and efficiently; consider the public health and safety of communication towers; and avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures. In furtherance of these goals, the Township of Teaneck shall give due consideration to the Township of Teaneck's Master Plan, Zoning Map, existing land uses and environmentally sensitive areas in approving sites for the location of towers and antennas.

(2) Definitions. As used in this subsection, the following terms shall have the meanings set forth below:

ALTERNATIVE TOWER STRUCTURE

Man-made trees, clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.

ANTENNA

Any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals. Antennas shall further be classified as whip-type, rectangular- or box-type, metal spine-type or dish-type.

BACKHAUL NETWORK

The lines that connect a provider's towers/cell sites to one or more cellular telephone switching offices and/or long distance providers or the public switched telephone network.

FAA

The Federal Aviation Administration.

FCC

The Federal Communications Commission.

HEIGHT

When referring to a tower, antenna or other structure, the distance measured from the finished grade of the parcel to the highest point on the tower or other structure, including the base pad and any antenna attached thereto.

PREEXISTING TOWERS and PREEXISTING ANTENNAS

Any tower or antenna for which a building permit or zoning permit has been properly issued prior to the effective date of this subsection, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired.

TOWER

Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communications purposes, including but not limited to self-supporting lattice towers, guyed towers or monopole towers. The term also includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures and the like. The term includes the structure and any support thereto.

(3) Applicability.

a. New towers and antennas. All new towers or antennas in the Township of Teaneck shall be subject to these regulations, except as provided in Subsection (m)(3)b through d, inclusive.

b. Amateur radio station operators. This subsection shall not govern any tower, or the installation of any antenna, that is under 35 feet in height and is owned and operated by a federally licensed amateur radio station operator.

c. Preexisting towers or antennas. Preexisting towers and preexisting antennas shall not be required to meet the requirements of this subsection, other than the requirements of Subsection (m)(4)f and g.

d. AM array. For purposes of implementing this subsection, an AM array, consisting of one or more tower units and supporting ground system which functions as one AM broadcasting antenna, shall be considered one tower. Measurements for setbacks and separation distances shall be measured from the outer perimeter of the towers included in the AM array. Additional tower units may be added within the perimeter of the AM array by right.

(4) General requirements.

a. Conditional use. Antennas and towers shall be considered conditional uses in those zone districts which permit towers and antennas as conditional uses. A different existing use of an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot.

b. Lot size. For purposes of determining whether the installation of a tower or antenna complies with district development regulations, including but not limited to setback requirements, lot coverage requirements and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lot.

c. Aesthetics. Towers and antennas shall meet the following requirements:

1. Towers and antennas shall be painted a neutral color so as to reduce visual obtrusiveness, subject to any applicable standards of the FAA.

2. At a tower and/or antenna installation site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening and landscaping that will blend them into the natural setting and surrounding buildings.

3. If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible. In addition, the antenna and supporting electrical and mechanical equipment must be screened from view from adjacent properties. The height of such screening must equal the height of the installed antenna.

4. All towers erected within the P Public Land Zone District shall be of the monopole-type design. Antennas mounted on these towers shall be fully enclosed within the skin of the pole structure.

d. Lighting. Towers and antennas shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views.

e. State or federal requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this subsection shall bring such towers and antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense.

f. Building codes; safety standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in the New Jersey Uniform Construction Code (N.J.S.A. 52:27D-119 et seq.), the applicable standards for towers that are published by the Electronic Industries Association, latest edition, and the National Electrical Safety Code for clearance of utility lines.

1. All antennas used for the transmission of signals where the height of the path of the transmission beam is less than 10 feet above an adjacent walking surface shall be installed with a safety interruption device capable of stopping the antenna transmissions if any object comes within the signal path for longer than 0.20 second.

g. Measurement. For purposes of measurement, tower setbacks and separation distances shall be calculated and applied to facilities located in the Township of Teaneck irrespective of municipal and county jurisdictional boundaries.

h. Not essential services. Towers and antennas shall be regulated and permitted pursuant to this subsection and shall not be regulated or permitted as essential services, public utilities or private utilities.

i. Franchises. Owners and/or operators of towers or antennas shall certify that all franchises required by law for the construction and/or operation of a wireless communication system in the Township of Teaneck have been obtained and shall file a copy of all required franchises with the Construction Official.

j. Signs. No signs shall be allowed on an antenna or tower.

k. Buildings and support equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of Subsection (m)(7). No building or support equipment shall be used for human occupancy other than for routine maintenance of equipment contained therein.

l. Cable microcell networks. If a cable microcell network is proposed, all cables, wires and equipment shall be located so that they do not interfere with the municipal fire alarm equipment and cable system. Applications for cable microcell network systems must be reviewed and approved by the Fire Department and Engineering Department of the Township of Teaneck as prior approvals before issuance of required construction permits.

(5) Where permitted.

a. General. Wireless telecommunications towers, antennas and related equipment may be located in the following areas only:

1. Antennas located on towers. Antennas, for the reception and/or transmission of signals, located on towers, the tower structures and equipment cabinets and buildings may be located within the L-I Light Industry Zone District and within the P Public Land Zone District, except on property used for private or public school purposes.

2. Antennas located on utility and light poles. Antennas, for the reception and/or transmission of signals, mounted on utility and light poles may be located on any existing utility or lighting pole within the street right-of-way under the control of the Township of Teaneck where such street right-of-way is within or adjacent to a nonresidential zoning district. Whip-type or box-type antennas may be located on utility and light poles. Dish-type antennas are not permitted to be mounted on utility or light poles within the street right-of-way. All equipment cabinets and buildings must be located outside the street right-of-way and within a nonresidential zoning district, in accordance with Subsection (m)(7) herein.

3. Antennas located on buildings. Antennas, for the reception and/or transmission of signals, mounted on buildings, may be located on any nonresidential use building within the H Hospital District, L-I Light Industry District, U University District, RC-1 Redevelopment Commercial - Office/Retail District, RC-2 Redevelopment Commercial - Hotel/Motel District, RC-3 Redevelopment Commercial - Hotel Accessory District and P Public Land District.

b. Availability of suitable existing towers, other structures, or alternative technology. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the municipal board having jurisdiction that no existing tower, structure or alternative technology that does not require the use of towers or structures can accommodate the applicant's proposed antenna. An applicant shall submit information requested by the municipal board having jurisdiction related to the availability of suitable existing towers, other structures or alternative technology. Evidence submitted to demonstrate that no existing tower, structure or alternative technology can accommodate the applicant's proposed antenna may consist of any of the following:

1. No existing towers or structures are located within the geographic area which meet the applicant's engineering requirements.

2. Existing towers or structures are not of sufficient height to meet the applicant's engineering requirements.

3. Existing towers or structures do not have sufficient structural strength to support the applicant's proposed antenna and related equipment.

4. The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna.

5. The fees, costs or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.

6. The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.

7. The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as a cable microcell network using multiple low-powered transmitters/receivers attached to a wireline system, is unsuitable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable.

c. Prohibited locations. No antennas, for the reception and/or transmission of signals, tower structures and equipment cabinets and buildings may be located within any of the following:

1. Within any road, street or highway right-of-way under federal or state jurisdiction.

2. Upon any property used for rail transportation or services.

3. Within any R-S Residential Single-Family District, R-M Residential Multifamily District, B-R Special Business - Residential District and RR-M Redevelopment Residential Multifamily District Zones.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

4. Upon any property used for private or public school purposes.

(6) Dimensional and bulk requirements. All dimensional and bulk requirements of the zone district in which the wireless communications tower or antenna is located shall apply except as otherwise provided in Subsections (m)(6)a through e, inclusive.

a. Height. The maximum height of any tower erected within the Township of Teaneck shall be 150 feet in all districts as allowable by law.

b. Setbacks. The following setback requirements shall apply to all towers.

1. Towers located within the L-I Light Industry Zone District must be set back a distance equal to at least 125% of the height of the tower from any adjoining lot line.

2. Towers located within the P Public Land Zone District must be set back a minimum of 25 feet from any street line, a minimum of 15 feet from side and rear property lines and 90 feet from any lot within the R-S Residential Single-Family Detached Zone District which contains a single-family detached dwelling.

3. Guys must satisfy the minimum zoning district setback requirements.

c. Separation. The following separation requirements shall apply to all towers and antennas located within the L-I Light Industry Zone District:

1. Separation from off-site uses/designated areas.

[i] Tower separation shall be measured from the base of the tower to the lot line of the off-site uses and/or designated areas as specified in Table 1, except as otherwise provided in Table 1.

[ii] Separation requirements for towers shall comply with the minimum standards established in Table 1.

Table 1
Off-Site Use/Designated Area	Separation Distance
Residential zone districts	200 feet or 300% of the height of the tower, whichever is greater
Residential uses in nonresidential zone districts	100 feet or 125% of the height of the tower, whichever is greater

2. Separation distances between towers.

[i] Minimum separation distances between towers located within the L-I Light Industry Zone District shall be applicable for and measured between the proposed tower and preexisting towers. The separation distances shall be measured by drawing or following a straight line between the base of the existing tower and the proposed base, pursuant to a site plan, of the proposed tower. The minimum separation distances (listed in linear feet) shall be as shown in Table 2.

Table 2
	Existing Towers - Types
	Lattice (linear feet)	Guyed (linear feet)	Monopole Less Than 70 Feet in Height (linear feet)
Lattice	5,000	5,000	1,000
Guyed	5,000	5,000	1,000
Monopole less than 70 feet in height	1,000	1,000	1,000

d. Security fencing. Towers shall be enclosed by security fencing not less than six feet in height and shall also be equipped with an appropriate anticlimbing device; provided, however, that the municipal board having jurisdiction may waive such requirements, as it deems appropriate.

e. Landscaping. The following requirements shall govern the landscaping surrounding towers and support equipment.

1. Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible.

2. A landscape buffer, in accordance with § 33-15(s), shall be provided around all tower facilities. Required buffers within the L-I Light Industry Zone District shall not be less than 25 feet in width. Required buffers within the P Public Land Zone District shall not be less than 15 feet in width.

(7) Buildings or other equipment storage.

a. Antennas mounted on structures or rooftops. The equipment cabinet or stricture used in association with antennas shall comply with the following:

1. The cabinet or structure shall not contain more than 120 square feet of gross floor area or be more than eight feet in height. In addition, the cabinet or structure shall not exceed the maximum allowable height for principal buildings of the zone district in which the antenna is located.

2. If the equipment structure is located on the roof of a building, the area of the equipment structure, other equipment and structures and required screening of the antenna and equipment, whether associated with the antennas or for other purposes, shall not occupy more than 50% of the roof area.

3. All screening, equipment structures and antennas must be set back from the face of the building a minimum of 10 feet or the height of the screening, whichever is greater.

4. Equipment storage buildings or cabinets shall comply with all applicable construction codes.

5. Access to all building-mounted antennas and supporting equipment shall be secured from the general public. The applicant shall install and maintain alarms or locks on access hatches and doors providing access to the antennas, equipment storage buildings and cabinets, as directed by the Construction Official.

b. Antennas mounted on utility poles or light poles. The equipment cabinet or structure used in association with antennas shall be located in accordance with the following:

1. The equipment cabinet or structure shall not be located within any right-of-way under the control of the Township of Teaneck.

2. The structure or cabinet shall not be located in any required front yard setback.

3. The equipment cabinet or structure shall be no greater than eight feet in height or 120 square feet in gross floor area.

4. The structure or cabinet shall be screened by an evergreen hedge with an ultimate height of eight feet and a planted height of at least five feet.

c. Antennas located on towers. The equipment cabinet or structure shall not contain more than 200 square feet of gross floor area or be more than 10 feet in height. When located within the L-I Light Industry Zone District, all equipment cabinets or structures shall be located in accordance with the minimum yard requirements of the zoning district in which located. When located within the P Public Land Zone District, all equipment cabinets or structures shall be located a minimum of 25 feet from any street line and 15 feet from any side or rear property line.

(8) Removal of abandoned antennas and towers. Any antenna or tower that is not operated for a continuous period of 12 months shall be considered abandoned, and the owner of such antenna or tower shall remove the same within 90 days of receipt of notice from the Township of Teaneck notifying the owner of such abandonment. Failure to remove an abandoned antenna or tower within said 90 days shall be grounds to remove the tower or antenna at the owner's expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower.

(9) Nonconforming uses.

a. Not expansion of nonconforming use. Towers that are constructed and antennas that are installed in accordance with the provisions of this subsection shall not be deemed to constitute the expansion of a nonconforming use or structure.

b. Preexisting towers. Preexisting towers shall be allowed to continue their usage as they presently exist. Routine maintenance (including replacement with a new tower of like construction and height) shall be permitted on such preexisting towers. New construction other than routine maintenance on a preexisting tower shall comply with the requirements of this subsection.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

c. Rebuilding damaged or destroyed nonconforming towers or antennas. If any nonconforming antenna or tower shall be destroyed by reason of windstorm, fire, explosion or other act of God or the public enemy or be altered through construction activities to an extent of more than 75% of its value, then such destruction or alteration shall be deemed complete and the structure may not be altered, rebuilt, restored or repaired except in conformity with the regulations of this chapter. Construction permits to rebuild a facility shall comply with the then applicable New Jersey State Uniform Construction Code (N.J.S.A. 52:27D-119 et seq.) and shall be obtained within 180 days from the date the facility is damaged, destroyed or altered. If no permit is obtained or if said permit expires, the tower or antenna shall be deemed abandoned as specified in Subsection (m)(8).

(n) Assisted living facility. The following specifications and standards shall apply to the development of assisted living facilities which are allowed as a conditional use in all zone districts pursuant to this Subsection (n) except for the L-I Light Industry Zone and the RR-M Redevelopment Residential Multifamily Zone:

(1) All assisted living facilities shall contain lot frontage upon a secondary arterial street. Secondary arterial streets shall be defined in the Township of Teaneck Master Plan.

(2) Dimensional, density and other bulk restrictions.

a. Minimums.

1. Lot area: two acres.

2. Lot width: 150 feet.

3. Front yard setback: 60 feet.

4. Side yard width: 50 feet.

5. Rear yard depth: 50 feet.

b. Maximums.

1. Building coverage: 25%.

2. Lot coverage: 50%.

3. Beds per acre: 30.

4. Building height, principal building: 35 feet.

(3) Off-street parking, loading and driveways.

a. A minimum of 0.5 space shall be provided for each bed. All fractional spaces shall be rounded up to the next whole space.

b. A minimum of one twelve-foot-by-thirty-foot loading space shall be provided per building.

c. All parking, loading and driveway areas, when located within any side yard or front yard, shall be no closer than 15 feet to a property line. All parking, loading and driveway areas, when located within any rear yard, shall be no closer than 25 feet to a property line.

(4) All driveways shall open onto the secondary arterial street. No driveway shall open onto a public street within 100 feet of an intersecting street, measured from the tangents of the adjacent curblines.

(5) (Reserved)[4]

[4] Editor's Note: Former § 33-25(n)(5) of the 1965 Code, Landscaped buffer, was repealed by Ord. No. 2-2022, 1-18-2022.

(6) The exterior design of any structure used in connection with such a facility shall conform to the general character of the area. All buildings shall be constructed with sloping roofs, whose roof pitch shall be a minimum roof slope equal to five-inch rise for each one foot of run.

(o) Drive-through facilities requirements. The following specifications and standards shall apply to the development of drive-through facilities which are allowed as a conditional use in any zone district which permits drive-through facilities as a conditional use:

[Added by Ord. No. 5-2021, 2-23-2021]

(1) Purpose. These regulations are intended to ensure that an adequate amount of space is allocated for on-site maneuvering and circulation, that vehicles in a queue for service do not impede traffic on abutting streets, and that stacking lanes will not have nuisance impacts on nearby residential uses.

(2) Applicability.

a. The regulations of this section apply to all permitted or conditional uses within a zoning district that include drive-through facilities and to all portions of a development that comprise the drive-through facility.

b. The regulations apply to new developments, the addition of drive-through facilities to existing developments, and the relocation of existing drive-through facilities.

c. Any use in any district that has drive-through lanes and windows shall provide sufficient space on site for vehicles to queue while customers are being served, placing an order, or waiting to place an order or to receive service.

(3) Parts of a drive-through facility. A drive-through facility is composed of two parts:

a. The service area, where the first point of service occurs. The following activities are considered points of service: menu boards, service windows, teller windows, drive-up ATMs and car wash stations.

b. The stacking lanes, the space occupied by vehicles queuing for the service to be provided.

(4) Setbacks and landscaping.

a. Service points and stacking lanes on lots abutting residential zoning districts, including the R-S, R-M, RR-M, R-SCH, R-TH, R-AH, and R-AHO, shall be set back at least 10 feet and landscaped in accordance with the buffer yard standards of § 33-15(s).

b. Service points and stacking lanes on lots abutting office and mixed-use zoning districts shall be set back at least five feet and landscaped in accordance with the buffer yard standards of § 33-15(s).

c. Service points and stacking lanes shall be set back at least 20 feet from the right-of-way and landscaped in accordance with the buffer yard standards of § 33-15(s).

(5) Site plan required. The development site plan shall show the location and dimensions of the following:

a. Driveways.

b. Stacking lane, including lane markings.

c. Drive aisle between stacking land and on-site parking areas.

d. Service points (including menu boards and service windows).

e. Associated facilities (including communications systems and access aisles).

f. Adjacent residential uses within 50 feet of the point of service or stacking lanes.

(6) Stacking lane design and layout.

a. Stacking lanes shall be designed so that they do not interfere with on-site parking and vehicle circulation.

b. Stacking spaces shall be nine feet wide by 18 feet long.

c. All stacking lanes shall be clearly identified, through such means as striping, landscaping, pavement design, and signs.

d. Stacking starts at the stopping point behind the vehicle stopped at the point of service.

e. Layout shall provide, whenever possible, for a minimum nine-foot-wide bypass lane allowing motorists to exit the stacking lane before reaching the drive-through window.

f. Additionally, the site layout shall provide a space sufficient for at least one vehicle to move forward and clear the service window prior to exiting the site or driveway onto a public street or sidewalk.

g. Stacking spaces necessary for the provisions of drive-through lanes shall be determined using the following table:

Required Stacking Spaces
Type of Facility	Number of Stacking Spaces
Drive-through bank	2 spaces per drive-through teller window or drive-up ATM
Drive-through coffee/donut shops	10 spaces
Dry laundry/cleaners	2 spaces
Drive-through fast-food	10 spaces
Car washes	5 spaces per washing station
Drive-through pharmacies	1 space

h. The site plan shall be designed to provide the minimum queue lengths outlined above without blocking access or egress points, dumpster enclosures, crosswalks, or parking stalls.

i. All queue lengths shall be measured from the center of the last window for the drive-through service. For car washes, the length shall be measured from the stop line prior to the car wash building. For ATMs and access boxes, the length shall be measured from the actual ATM or access box.

j. The queue lengths can be divided among multiple drive-through lanes.

(7) Noise. Speakers associated with drive-through facilities may not be audible from abutting residential zones or any abutting lots occupied by residential uses.

(p) Cannabis establishments. The following specifications and standards shall apply to the development of cannabis distributors, cannabis testing facilities and cannabis establishments, including a cannabis cultivator, a cannabis manufacturer, a cannabis wholesaler, a cannabis retailer, and a cannabis delivery service, as those terms are defined in N.J.S.A. 24:6I-33, within the L-I Light Industry District which permits the same as a conditional use:

[Added by Ord. No. 29-2021, 8-10-2021; amended by Ord. No. 57-2021, 12-14-2021]

(1) Dimensional, density and other bulk restrictions; other provisions and requirements. Except as specifically modified herein, the dimensional, density and other bulk restrictions and other provisions and requirements of the L-I Light Industry District shall apply.

(2) Location. Cannabis distributors, cannabis testing facilities and cannabis establishments shall only be permitted within the following lots and blocks within the L-I Light Industry District: Block 6002, Lots 4 through 9.

(3) Hours of operation. No cannabis retailer shall operate after 9:00 p.m. or prior to 10:00 a.m. on any day of the week within the Township of Teaneck.

(4) Outdoor cultivation prohibited. The cultivation of cannabis shall only be permitted within a fully enclosed building. There shall be no outdoor cultivation of cannabis permitted within the Township of Teaneck.

(5) On-site consumption prohibited. No cannabis or cannabis product shall be smoked, eaten or otherwise consumed on the premises of any cannabis distributor, cannabis testing facility and cannabis establishment within the Township of Teaneck.

(6) Control of odors. Any facility for the cultivation or manufacture of cannabis products shall provide an air treatment system with sufficient odor-absorbing ventilation and exhaust systems such that any odors generated inside the facility are not detectable by a person of reasonable sensitivity anywhere on adjacent property, within public rights-of-way, or within any other unit located within the same building as the licensed facility if the use only occupies a portion of the building.

(7) Noise control. Any facility for cannabis distribution, testing, cultivation, processing, manufacturing or similar operation shall provide for noise mitigation features designed to minimize disturbance from machinery, processing and/or packaging operations, loading, and other noise-generating equipment or machinery. All licensed cannabis distributors, cannabis testing facilities and cannabis establishments must operate within applicable state decibel limitations.

(8) Security.

a. To the extent not already required by state law, all cannabis distributors, cannabis testing facilities and cannabis establishments must be equipped with security cameras covering all exterior parking and loading areas, points of entry, interior spaces which are either open to the public or used for the storage or processing of cannabis products and points of payment. Security footage must be maintained for the period of time required under state law or for a period of six months, whichever is greater. Access to security camera footage shall be provided to the Teaneck Police Department upon request by the Department.

b. To the extent not already required by state law, all cannabis distributors, cannabis testing facilities and cannabis establishments must provide at least one security guard during all times when the facility is open or operating. At a minimum, the security guard shall be a state-certified security officer whose certification is in good standing.

c. Any applicant for a cannabis distributor, cannabis testing facility or cannabis establishment shall coordinate with the Chief of Police, or his or her designee, regarding the measures to be taken to ensure the security of the facility and the safety of the public and facility employees. Such measures may include, but are not limited to, facility access controls, surveillance systems, and site lighting consistent with the requirements of state law.

(9) Fencing. Perimeter fencing, eight feet in height, shall be installed around any cannabis distributor, cannabis testing facility or cannabis establishment, with a controlled entry point which shall be secured when the premises are not open to the public.

(10) Age restriction. No person under the age of 21 years may be permitted within any cannabis distributor, cannabis testing facility or cannabis establishment. Any person seeking entry into a cannabis distributor, cannabis testing facility or cannabis establishment shall be required to present proof of age to a security guard before gaining entry.

(11) Lighting. The exterior and parking area of a cannabis distributor, cannabis testing facility or cannabis establishment shall comply with the lighting requirements in accordance with Article III, Site Design Review.

(12) Any cannabis distributor, cannabis testing facility or cannabis establishment shall meet all of the requirements for licensure by the New Jersey Cannabis Regulatory Commission and/or the New Jersey Department of Health.

Sec. 33-26 Prohibited uses.

[Ord. No. 1811, § 27; amended by Ord. No. 2042, 7-9-1984, § 9]

(a) Prohibited uses generally. Any use of any building or premises in such a manner that the health, safety, morals or welfare of the community may be endangered is prohibited. The use of a recreational vehicle for human habitation is prohibited, except on the site of a residence rendered uninhabitable by fire or other casualty and for a limited duration of six months from the date of such casualty. In such event, the recreational vehicle shall be inhabited only by the persons displaced by the casualty, after a temporary zoning permit has been issued by the building department pursuant to Chapter 11 of this Code. Travel trailers may be used for construction purposes on construction sites, but no sooner than 30 days prior to commencement of construction and no later than seven days after completion of construction, as determined by the Zoning Officer. A temporary zoning permit shall also be required pursuant to Chapter 11 of this Code.

(b) Commercial uses prohibited in all districts. The following uses are prohibited:

(1) Uses not conducted within an enclosed building, except walk-up and drive-in bank facilities, motor vehicle service stations, commercial parking lots, outdoor table service facilities accessory to a restaurant and outdoor display areas accessory to an enclosed landscape garden center.

(2) Billboards, except for billboards in the L-I District which are in compliance with § 33-27(b) of this chapter, signboards, advertising signs and devices not related to a business being conducted in the premises upon which it is displayed.

[Amended by Ord. No. 21-2022, 8-30-2022]

(3) Auction markets.

(4) Massage parlors.

(5) Outdoor display of new or used motor vehicles, except as incidental to a new car dealership.

(6) Amusement rides and outdoor commercial recreational facilities, such as miniature golf and golf driving ranges.

(7) (Reserved)

(8) Auto body shops.

(9) Heavy commercial trucking depots or garages.

(10) The sale of drug paraphernalia.

(c) Industrial uses prohibited in all districts. Any use which is noxious or offensive by reason of odor, dust, noise, smoke, gas, fumes, radiation or similar conditions is prohibited, such as the following:

[Amended by Ord. No. 21-2022, 8-30-2022]

(1) Slaughterhouses.

(2) Acetylene gas manufacture.

(3) Airport or heliport.

(4) Ammonia, chlorine and bleaching powder manufacture.

(5) Animal black, lampblack, stove blacking, carbon graphite and bone-black manufacture.

(6) Blast furnaces and boiler works.

(7) Broadcast towers for radio and television.

(8) Concrete and glass manufacture.

(9) Extraction and processing of radioactive material.

(10) Creosote treatment and manufacture.

(11) Crematory.

(12) Disinfectant, insecticide and poison manufacture.

(13) Distillation of coal, petroleum, refuse, grain, wood and bone.

(14) Dye manufacture.

(15) Manufacture or storage of explosives, fireworks, matches and similar products.

(16) Fertilizer manufacture and potash refinishing.

(17) Fish smoking and canning.

(18) Glue and gelatin manufacture, where the process includes refining and recovery of products from fish, animal, refuse or offal.

(19) Grease, lard, fat and tallow rendering and refining.

(20) Grain drying and feed manufacture from refuse, mash or grain.

(21) Illuminating gas manufacture.

(22) Incineration, reduction, storage and dumping of slaughterhouse refuse, rancid fats, garbage, dead animals or offal.

(23) Manufacture and storage of antipersonnel gases, such as tear gas or poison gas.

(24) Metal foundries,

(25) Paint, oil, varnish, turpentine, shellac and enamel manufacture.

(26) Printing ink manufacture.

(27) Pyroxylin plastic manufacture or manufacture of articles therefrom.

(28) Storage, coloring, cleaning, curing and tanning of raw or green salted hides or skins.

(29) Rubber manufacture or treatment.

(30) Storage of volatile oils or liquids above ground in tanks of greater than one-thousand-gallon capacity.

(31) Yards for scrapped or junked motor vehicles, vehicle parts, tires, metal, lumber, paper, rags and similar materials.

(d) Cannabis distributors, cannabis testing facilities and cannabis establishments, including a cannabis cultivator, a cannabis manufacturer, a cannabis wholesaler, a cannabis retailer, and a cannabis delivery service, except for the delivery of cannabis items and related supplies by a delivery service, as those terms are defined in N.J.S.A. 24:6I-33, are hereby prohibited in all districts, except as otherwise specifically permitted herein.

[Added by Ord. No. 29-2021, 8-10-2021; amended by Ord. No. 57-2021, 12-14-2021; Ord. No. 7-2024, 5-21-2024]

Sec. 33-27 Signs. [1]

[Added by Ord. No. 4049, 1-8-2008, § 3; amended by Ord. No. 4176, 3-9-2010, § 2; Ord. No. 4-2015, 4-21-2015]

(a) Signs respecting one- or two-family residential dwellings, not otherwise requiring site plan review, shall be governed by the following provisions:

(1) Residential nameplate. No more than one nameplate per dwelling unit shall be permitted, which may be illuminated, must be situated within the property lines and shall not exceed 72 square inches in area on any one side.

(2) "For sale," "for rent" and "open house" signs.

a. In the case of "for sale" and "for rent" signs, the following criteria shall apply:

1. Not more than one nonilluminated temporary sign per lot may be placed on the lot for sale or for rent and on no other place, and such sign may contain the word "owner" and the telephone number or, alternatively, it may identify by name and up to two telephone numbers the New Jersey licensed real estate broker, if any, given the right to sell or lease the property and/or use the word "broker."

2. If relating to a residential lot or building, the sign shall not exceed four square feet in area on any one side.

3. The "for sale" or "for rent" sign shall be removed from the premises within two days after a contract for sale or lease of the premises has been executed, whether or not contingent upon the happening of a future event such as a mortgage commitment or subdivision approval.

4. No signs are permitted advertising the property as having been sold or leased; provided, however, that signs advertising that the property is under contract are permitted up to the date of closing.

b. In the case of "open house" signs, the following criteria shall apply:

1. In addition to a "for sale" or "for rent" sign, not more than four temporary "open house" real estate signs may be displayed on the day of the open house from 11:00 a.m. to 6:00 p.m.

2. "Open house" signs may be located within the public right-of-way, but not upon or within the travel portion of any street or sidewalk, within a required sight triangle as outlined and defined in § 33-15(n)(1), (2) and (3) hereof, or on any pole, tree, fire hydrant, traffic or parking sign, public waste receptacle, bus shelter or other structure located within the public right-of-way.

3. "Open house" signs must be of a sound construction such as metal A-frame design, or metal staked sign, with maximum face size of two feet by two feet. The signs must identify the real estate broker sponsoring the open house and include the broker's address and telephone number.

4. The real estate broker sponsoring the open house shall be responsible for complying with the provisions of this subsection, particularly the installation and removal of the sign at the designated times provided for above.

5. The real estate broker sponsoring the open house shall file with the Township Clerk, prior to the placement of any "open house" signs upon the public right-of-way, a certificate of insurance evidencing that liability insurance is in effect in an amount of not less than $1,000,000 and naming the Township as an additional insured, issued by an insurance company authorized to do business within the State of New Jersey. In addition, such broker shall sign and file with the Clerk an indemnification and hold-harmless agreement, of a form acceptable to the Township Attorney, agreeing to indemnify and hold harmless the Township of Teaneck, its officers, elected officials, agents, employees and assigns, from any and all claims, suits, or causes of action for damages or injuries resulting from the placement of such open house signs upon the public right-of-way.

6. Any violation of the provisions of this subsection shall be punishable under the general violation provisions of this Code (see § 1-6).

(3) Political signs. Notwithstanding anything to the contrary contained in this or any other section of this Code, there shall not be any restrictions on the use or placing of political signs on residential property.

(4) Home professional office signs. No more than one sign per dwelling identifying the name and profession of the resident shall be permitted, provided that any such sign shall be affixed to the building, may only be externally illuminated, may not exceed one square foot in area on any one side nor exceed 1 1/2 feet in length on any one side. No other sign or display relating to a home occupation, which is visible from the outside of the building, is permitted.

(b) Billboards.

(1) Billboards as defined in § 33-3 shall be permitted as a conditional use in the L-I Zoning District subject to the following conditions:

a. The parcel containing the billboard shall have a minimum frontage of 200 feet along New Jersey State Highway Route 4.

b. No billboard sign shall be placed closer than 1,000 feet to another billboard sign located on the same or opposite side of New Jersey State Highway Route 4. This distance shall be measured along a straight line between the two nearest parts of the sign structure.

c. No static billboard sign shall be located within 300 feet of a property utilized for single- or two-family residential use, for educational purposes or a house of worship. No digital billboard shall be located within 1,000 feet of a property utilized for single- or two-family residential use, for educational purposes or a house of worship.

d. Billboards shall be designed and constructed for the advertising surface to be viewed principally by motorists from New Jersey State Highway Route 4, and to minimize their impacts upon the surrounding area.

e. The applicant shall comply with the Roadside Sign Control and Outdoor Advertising Act as contained in N.J.S.A. 27:5-5 et seq., as well as other applicable statutes, laws and regulations related to billboards.

f. Site plan approval shall be obtained from the Planning Board. The items to be reviewed as part of such application shall include traffic safety, lighting, visual impact, drainage and other pertinent elements of site plan review. As part of its review, the Board shall consider the impact of the proposal on surrounding properties.

g. Billboards shall not contain any obscene material.

(2) In addition to the conditional use standards enunciated in Subsection (b)(1) above, billboards shall meet the following supplementary standards:

a. No part of the billboard may extend more than 100 feet from New Jersey State Highway Route 4.

b. The minimum setback from the New Jersey State Highway Route 4 right-of-way shall be 10 feet and from all other property lines shall be 25 feet.

c. Any single-sided, double-sided or V-shaped double-sided billboard with a single display per facing shall be permitted. Flashing, moving and projecting signs shall be prohibited, but digital billboards, as defined in § 33-3 shall be permitted subject to the following additional requirements:

1. Animation effects and sequential display messages are prohibited.

2. The message content may not be changed with a greater frequency of once every 15 seconds, and no scrolling or fading upon message changing shall be permitted.

3. In addition to adhering to the lighting requirements for all billboards as set forth herein, digital billboards shall be equipped with automatic dimming to regulate brightness, intensity and glare.

4. Digital billboards shall comply with all applicable electrical codes.

d. The maximum permitted sign area per face shall not exceed 672 square feet, nor shall any sign face exceed a vertical dimension of 14 feet nor a horizontal dimension of 48 feet.

e. The maximum height measured from finished grade at the base of the sign structure to the top of a billboard shall be 65 feet, provided that when the grade adjacent to New Jersey State Highway Route 4 is substantially below the grade of the road bed, the top of the billboard may reach a height not to exceed 35 feet above the grade of the road bed most proximate to the billboard sign.

f. Lighting for any billboard shall be designed to restrict glare and spillover to the immediate area of the sign.

(c) All other signs shall be subject to the provisions of § 33-18(c), except as noted therein.

[1] Editor's Note: Former § 33-27 of the 1965 Code, Signs, as amended, was repealed by Ord. No. 3474, 10-8-1996, § 3.

Sec. 33-28 Off-street parking; loading and unloading.

[Added by Ord. No. 1859, 5-27-1980, § 11; amended by Ord. No. 1941, 2-2-1982, § 3; Ord. No. 2052, 9-4-1984, § 2; Ord. No. 3059, 10-21-1986, § 2; Ord. No. 3149, 5-17-1988, §§ 1, 2; Ord. No. 3171, 9-27-1988, § 1; Ord. No. 3191, 1-24-1989, § 1; Ord. No. 3358, 5-25-1993, § 2; Ord. No. 3572, 10-13-1998; § 1; Ord. No. 4037A, 11-20-2007, § 5; Ord. No. 4052, 2-4-2008, § 1; Ord. No. 4062, 3-18-2008, § 8; Ord. No. 4169, 1-12-2010, § 1]

(a) Purpose. The purpose of this section is to require off-street facilities for parking motor vehicles and loading and unloading motor vehicles in recognition of the fact that the primary function of the public streets is to move vehicular traffic safely and conveniently, and that parking, loading and delivery functions performed within the public street are in conflict with that function. Therefore, this section requires off-street parking and related facilities for new development, changes in use and/or occupancy of existing buildings and expansion of existing buildings, with certain enumerated exceptions where existing development renders such requirements impractical, and the close proximity of municipal parking obviates the need for on-site facilities.

(b) Minimum requirements for off-street parking and loading and unloading. All off-street parking areas, including driveways, shall be paved with a dustless, durable, all-weather pavement and shall be adequately drained. All off-street parking areas, including driveways, accessory to a one-family or two-family detached dwelling may be paved with commercially available unit pavers and shall be adequately drained. All parking areas, except when accessory to a one-family or two-family detached dwelling, shall be clearly marked for parking spaces.

(1) Excluded areas.

a. Off-street parking and loading and unloading shall not be required in the following portions of B-1, MX-1 and MX-2 Districts:

1. The MX-1 District which fronts upon Cedar Lane, between Elm Avenue and the railroad right-of-way only.

2. The B-1 District in the West Englewood Plaza, in its entirety.

3. The MX-2 District which fronts upon Queen Anne Road and/or DeGraw Avenue.

b. In other portions of B-1, MX-1 and MX-2 Districts, the approving authority shall consider the nearby location of public parking lots or other parking facilities as a basis for waiving or reducing the amount of parking to be provided.

(2) Rules of construction.

a. Multiple uses. Where a particular function contains more than one use, the minimum parking and loading and unloading requirements shall be the sum of the component parts.

b. Expanded uses. Where an existing use is expanded, the minimum parking and loading and unloading requirements shall be applied to both the existing use and the expansion thereof.

c. Fractional count. When the computation to determine the number of off-street parking spaces or loading spaces results in a fractional number, the fractional number shall be rounded upward to the next whole number.

d. Unspecified uses. Any use not specified in this section shall comply with the requirement which is applicable to the most similar use, except that the conditional use categories and their criteria, set forth in § 33-25, contain the minimum requirements for off-street parking and loading and unloading.

e. Handicap spaces. Spaces mandated by law for handicapped persons shall not be considered in the computation to determine the number of existing or proposed off-street spaces.

(3) Minimum off-street parking requirements.

[Amended by Ord. No. 21-2022, 8-30-2022; Ord. No. 18-2023, 4-18-2023]

Use of Principal Building or Lot	Minimum Required Parking Spaces
Single-family detached or attached dwelling
Lot frontage of 60 feet or less	1 (on site)
Lot frontage greater than 60 feet	2 (on site)
Home occupation and professional office
(See special rules for conditional use category)	1 for each nonresident employee, plus the number required for the dwelling unit (on site)
Boarders, roomers and persons not related by blood, adoption or marriage
Boarders and roomers	1 per boarder or roomer, plus the number required for the dwelling unit (on site)
Persons not related by blood, adoption, marriage and not roomers or boarders	1 per person in excess of 3 such persons, plus the number required for the dwelling unit (on site)
Two-family dwelling	2 per dwelling unit (on site)
Multifamily dwelling
Efficiency or one bedroom	2 per dwelling unit
Two bedrooms or more	3 per dwelling unit
University
The total of:	The total of (all on-site):
Dormitory	1 per bedroom
Administrative/office	1 per 400 square feet of gross floor area
Classroom space	1 per 1,000 square feet of gross floor area
Places of public assembly
Such as theater, community center, library, museum, bowling alley, club, tavern, discotheque	1 for every 4 allowable occupants in the largest place of assembly; "allowable occupants" shall mean the occupancy load established under the Uniform Construction Code (Chapter 11 of this Code)
Business: retail
Retail store or personal service establishment, except as more specifically referenced herein	1 per 200 square feet of gross floor area, less bulk storage area
Coin-operated dry-cleaning establishment	1 per 2 machines, plus 1 per full-time employee
Coin-operated laundromat	1 per 2 machines, plus 1 per full-time employee
Restaurant	1 per 4 seats, plus 10% of required spaces for employee parking
Restaurant, fast-food	1 per 2 seats, plus 10% of required spaces for employee parking
Cabarets	1 for every 4 allowable occupants; "allowable occupants" shall mean the occupancy load established under the Uniform Construction Code (Chapter 11 of this Code)
Business: office
General office use, without counter or similar facility designed to service customers	1 per 400 square feet of gross floor area
General office use, with counter or similar facility designed to service customers	1 per 250 square feet of gross floor area
Office or clinic of physician or dentist	1 per 200 square feet of gross floor area
Financial institution	1 per 300 square feet of gross floor area
Veterinary office or animal clinic	1 per 250 square feet of gross floor area
Funeral home	1 per 100 square feet of gross floor area
Hospital	5 per every 3 beds (on site)
Business or trade school	1 per 100 square feet of gross floor area
Light industrial
The total of:	The total of:
Research activities	1 per 750 square feet of gross floor area
Warehouse activities	1 per 1,000 square feet of gross floor area
Manufacturing activities	1 per 800 square feet of gross floor area
Assembly activities	1 per 800 square feet of gross floor area
Receiving and shipping	1 per 5,000 square feet of gross floor area
Offices	1 per 400 square feet of gross floor area

(4) Minimum on-site loading and unloading requirements. The minimum number of spaces set forth below shall prevail for uses that have not attained the gross floor area required for the first space. Uses not listed shall provide sufficient spaces, as determined by the approving authority:

Use Category	Minimum Number of Spaces	GFA at Which First Berth is Required	GFA at Which Second Berth is Required	Number of Additional Square Feet for Each Additional Berth
Motor vehicle sales	1	10,000	40,000	40,000
Financial institution	0	10,000	100,000	100,000
Hospital	1	10,000	100,000	100,000
Light industrial	1	5,000	40,000	30,000
Business, office	1	10,000	100,000	100,000
Business, retail	1	10,000	20,000	20,000
Restaurant	1	10,000	25,000	20,000
University	1	10,000	100,000	100,000

(5) Off-tract parking facilities. In the B-1 District only, the off-street parking requirements of this chapter may be satisfied by providing the required number of parking spaces in an off-street facility which is reasonably and conveniently located and not more than 300 linear feet from the entrance to the building or use to be served. Off-street parking in all other districts shall be at least on tract and may be required to be on site if so stated herein.

(6) Prohibited parking and driveway locations.

[Amended by Ord. No. 25-2017, 9-5-2017]

a. Front yards and side yards.

1. In the R-M District, no off-street parking shall be permitted in a front yard or a side yard except in a paved driveway providing ingress to and egress from an attached garage, detached garage or parking space; provided, further, that no such paved driveway shall be wider than 20 feet in the front yard and 12 feet in the side yards.

2. In the R-S District no off-street parking shall be permitted in a front yard or a side yard except in a paved driveway.

b. Buffer areas. No off-street parking or loading and unloading area spaces shall be permitted in a buffer area.

c. Driveways.

1. Except in the R-S Zoning District, not more than two driveways, each of not more than 30 feet nor less than 20 feet in width, shall be permitted for each 300 feet of frontage on a public street. No driveway shall be located closer than 50 feet to a street intersection. No public street shall be used to provide direct access to parking spaces.

2. In the R-S Zoning District, there shall be no restriction in driveway width in the front yard subject only to impervious surface coverage limitations. Curb cuts shall be limited to 20 feet in width.

Sec. 33-29 Fences and retaining walls.

[Added by Ord. No. 1941, 2-2-1982, § 3; amended by Ord. No. 2022, 2-7-1984, § 1; Ord. No. 3168, 9-27-1988, § 1; Ord. No. 3654, 12-19-2000, § 2; Ord. No. 3900, 9-6-2005, § 1; Ord. No. 4062, 3-18-2008, § 9; Ord. No. 21-2018, 7-9-2019; Ord. No. 10-2020, 6-16-2020; Ord. No. 16-2022, 6-14-2022; Ord. No. 4-2025, 2-11-2025]

(a) Locations of fences and retaining walls.

(1) Fences or walls hereafter erected, altered or reconstructed in the R-S or R-M zone district or on lots in any other zone districts on which buildings occupied for residential purposes are erected (except in the RR-M Zone) shall be subject to the following restrictions:

a. Fences constructed in the front yard shall not exceed four feet in height above ground level.

b. Fences constructed in the side yard shall not exceed six feet in height above ground level.

c. Fences constructed in the rear yard shall not exceed six feet in height above ground level.

d. Corner lots are permitted to construct fences on the secondary front yard, which shall not exceed six feet in height.

e. Corner lots shall define a front lot line, and front yard pursuant to § 33-23(f)(2)b. The front yard shall be allowed a fence subject to the requirements of § 33-29(a)(1). The front yard not defined by the front lot line, and tax address of the property shall be allowed a fence not to exceed six feet in height and meet the requirements of a side yard fence.

f. Fences or walls constructed shall not block the sight triangle requirements as defined in § 33-29(b)(1). Sight triangles shall be required for the intersection of two streets, and the intersection of streets and driveways.

g. Fences or walls shall comply with the dimensional and bulk restrictions in § 33-29(b) as well as the other provisions and requirements pursuant to § 33-29(c).

h. Houses of religious worship, child-care centers, public nursery schools, and public/private elementary and secondary schools shall be subject to the conditional use fence requirement pursuant to § 33-25.

(2) No fence hereafter erected, altered or reconstructed in the L-I Zone District shall exceed a height of eight feet above ground level.

(3) No fence hereafter erected, altered or reconstructed in any zone district other than those in Subsection (a)(1) or (2) above shall exceed a height of six feet above ground level.

(4) No retaining wall hereafter erected, altered or reconstructed in any zone district shall exceed four feet in height for each 12 feet of horizontal distance from a front property line when located within any required front yard area.

(5) No retaining wall hereafter erected, altered or reconstructed in any zone district shall exceed six feet in height for each 12 feet of horizontal distance from a side or rear property line when located within any required side or rear yard area.

(6) The foregoing restrictions shall not be applied to prevent the erection of a chain link fence not exceeding eight feet in height above ground level anywhere within a public park or school playground.

(b) Dimensional and other bulk restrictions.

(1) No fence or retaining wall erected, repaired or replaced in any zoning district of the Township shall impede the sight triangle of the intersection of two street lines as defined in § 33-15(n)(1), (2) and (3).

(2) The cumulative height of fences and retaining walls in any zone district except the L-I Zone District may be a maximum of six feet in height for each 12 feet of horizontal distance from a property line. The cumulative height of fences and retaining walls in the L-I Zone District may be a maximum of eight feet in height for each 12 feet of horizontal distance from a property line.

(3) In all zone districts, fences erected in the front yard or a side and/or rear yard shall have at least one finished side and shall be erected so that the finished side is facing outward. Fences over two feet in height located in any front yard area shall be at least 50% open. Except for corner lots, the secondary front yard shall be permitted a solid fence in accordance with § 33-29(b)(1). Any sight triangle violations in this subsection shall require a sight easement be created at the discretion of the Zoning Officer.

(4) The use of barbed wire or fences constructed of material harmful to humans or animals is prohibited in all zone districts except the L-I Zone.

(5) No fence or wall existing or hereafter erected, altered or reconstructed in any zoning district of the Township shall be electrified or capable of giving an electric charge or shock such that it will cause harm, damage or injury to a person, animal or property.

(6) The use of canvas or cloth for fences is prohibited.

(7) Support posts and any applied decorative post top treatments may not exceed the permitted height of the fence by more than eight inches. Corner lot fences shall use decorative top fence post treatments, and a portion of the fence shall contain lattice.

(c) Other provisions and requirements.

(1) No fence may be erected, altered or reconstructed without a fence permit issued by the Construction Official, upon application forms and procedures established by the Building Department and upon the payment of the fence permit fee established in Chapter 11, § 11-27.

(2) A guard or dense landscape buffer, a minimum of three feet in height, shall be provided at the top of all retaining walls, or portions of walls, which are in excess of four feet in height. The guard or dense landscape buffer shall separate the top of the wall from any sidewalk, driveway, path or lawn area which could be used for pedestrian or vehicular traffic.

(3) All fences must be erected within property lines unless the owners of adjoining properties mutually agree that a fence may be erected on their common property line and a maintenance easement agreement has been filed with the Building Department. No fence shall encroach on any public right-of-way without approval of such encroachment by the Township Council.

(4) All fences shall be maintained in a sound, safe and upright condition. Fencing which violates this section shall be repaired or removed within 15 days of written notification from the Construction Official, which notice shall state the Construction Official's findings and state the reasons for such a removal or repair order.

(5) All retaining walls shall be maintained in a sound, safe and upright condition. Retaining walls which violate this section shall be repaired or removed within 30 days of written notification from the Construction Official, which notice shall state the Construction Official's findings and state the reasons for such a removal or repair order.

Sec. 33-30 Common open space management.

[Added by Ord. No. 1962, 9-21-1982, § 1]

(a) Private organization to manage undedicated common open space. In the event that land is to be developed for multifamily housing, or existing multifamily housing is to be converted into condominium or cooperative ownership, resulting in a planned unit residential development or residential cluster which would generate common open space (as defined in § 33-3), or which would generate common property incidental thereto (such as private streets, parking areas and recreational facilities), and such common open space and/or improvements will not be dedicated to the Township, the developer shall provide for an organization for the ownership and maintenance of such land for the benefit of owners of properties within the development.

(b) Bar on disposition of common open space. The organization shall not be dissolved and shall not dispose of any common open space or property incidental thereto by sale or otherwise, except to an organization conceived and established to own and maintain such common open space and property for the benefit of such development. Therefore, such organization shall not be dissolved or dispose of any of its common open space or property without first offering to dedicate the same to the Township of Teaneck.

(c) Default in management of common open space.

(1) Notice. In the event that such organization shall fail to maintain the common open space and property in reasonable order and condition, the Township Council may serve written notice upon such organization or upon the owners of the development setting forth the manner in which the organization has failed to maintain the common open space and property in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be cured within 35 days thereof, and shall state the date and place of a hearing thereon, which shall be held within 15 days of the notice.

(2) Hearing; municipal intervention. At such hearing, the Township Council may modify the terms of the original notice as to deficiencies and may give a reasonable extension of time not to exceed 65 days within which the deficiencies shall be cured. If the deficiencies set forth in the original notice or in the modification thereof shall not be cured within 35 days or any permitted extension thereof, the Township may enter upon and maintain such land in order to preserve the common open space and properties and maintain the same for a period of one year. Said entry and maintenance shall not vest in the public any rights to use the common open space or property, except when the same is voluntarily dedicated to the public by the owners.

(3) Extension of Township maintenance. Before the expiration of said year, the Township Council shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the common open space or property, call a public hearing upon 15 days' written notice to such organization and to the owners of the development, to be held by the Township Council, at which hearing such organization and the owners of the development shall show cause why such maintenance by the Township shall not, at the election of the Township, continue for a succeeding year. If the Township Council shall determine that such organization is ready and able to maintain said open space or property in reasonable order and condition, the municipality shall cease to maintain said open space or property at the end of said year. If the Township Council shall determine that such organization is not ready and able to maintain said common open space and property in a reasonable condition, the Township may, in its discretion, continue to maintain said common open space during the next succeeding year, subject to a similar hearing and determination, in each year thereafter. The decision of the Township Council in any such case shall constitute a final decision, subject to judicial review.

(d) Assessing the cost of maintenance. The cost of such maintenance by the Township shall be assessed pro rata against the properties within the development that have a right of enjoyment of the common open space, in accordance with assessed value at the time of imposition of the lien, and shall become a lien and tax on said properties and shall be added to and shall be a part of the taxes to be levied and assessed thereon and shall be enforced and collected with interest by the same officers and in the same manner as other municipal taxes.

(e) Removal of brush, weeds, filth, etc., by Township when organization fails to do so.

(1) Applicability of §§ 19-16 and 19-17 of Township Code. The provisions of §§ 19-16 and 19-17 of the Township Code are hereby made applicable to the undedicated common open space, property and improvements managed, owned and maintained by the organization provided for by the developer as required by this chapter in § 33-30(a) above.

Sec. 33-31 (Reserved) [1]

[1] Editor's Note: Former § 33-31 of the 1965 Code, Low- and moderate-income housing, derived from Ord. No. 3170, § 1, was repealed 11-9-1999 by Ord. No. 3614. See now Art. VI, Affordable Housing.

Sec. 33-32 Special Improvement District.

[Added by Ord. No. 3425, 6-13-1995, § 1; amended by Ord. No. 3697, 11-27-2001, § 1; Ord. No. 3938, 3-7-2006, § 1; Ord. No. 4009, 6-12-2007, § 1]

(a) Purposes. The purposes of this section are to:

(1) Promote economic growth and employment within the Cedar Lane business district.

(2) Foster and encourage self-help programs to enhance the local business and investment climate.

(3) Create a self-financing Special Improvement District to fund an ongoing program of promotions, design, economic restructuring and organization consistent with the New Jersey Main Street Program.

(4) Designate the Teaneck Economic Development Corporation to act as the district management corporation to administer the funds collected for the Special Improvement District and implement the Main Street Program.

(b) Findings. The Township Council hereby makes the following findings:

(1) The Cedar Lane area from Palisade Avenue to Catalpa Avenue (as more particularly set forth on Schedule A[1] annexed hereto and made part hereof) has become the most concentrated center of commercial activity within Teaneck and is the heart of the central business district.

[Amended by Ord. No. 10-2014, 5-20-2014]

[1] Editor's Note: Schedule A is on file in the Township offices.

(2) Revitalization of Cedar Lane is a primary goal of the Township Council.

(3) The retail area along Cedar Lane has certain special needs requiring additional services not otherwise provided throughout the community, such as daily litter patrol, the funding of facade improvements, including signs and awnings, seasonal events attracting shoppers to the area, holiday lighting and other business attraction activities.

(4) In order to meet these special needs, a strong cooperative public and private participation in redevelopment, rehabilitation and beautification is required.

(5) To these ends the Teaneck Economic Development Corporation has recommended the establishment of a Special Improvement District to assist in meeting the aforesaid needs, goals and objectives and to be a benefit to the areas of the Township so designated and set forth in Subsection (c) hereof,

(6) The designation of a District Management Corporation, as set forth in Subsection (d) hereof, will provide administrative and other services to benefit the businesses, employees, residents, property owners and consumers in the Special Improvement District.

(7) The imposition and collection of special assessments on properties within the Special Improvement District will help defray the cost of providing needed additional municipal services not provided elsewhere throughout the Township and will enable the District Management Corporation to carry out its functions and duties.

(8) The creation of a Special Improvement District and the designation of a District Management Corporation will promote economic growth and employment, foster and encourage self-help programs, enhance the local business climate and otherwise be in the best interests of the Township of Teaneck.

(c) Establishment. There is hereby established and designated a Special Improvement District within the Township, as more particularly described in Schedule A annexed hereto and made part hereof, which schedule lists and describes, by lot and block numbers, all properties in the Special Improvement District.[2]

[Amended by Ord. No. 10-2014, 5-20-2014]

[2] Editor's Note: Schedule A is on file in the Township offices.

(d) Designation of District Management Corporation.

(1) There is hereby established the Cedar Lane Management Group (hereinafter referred to as the "Management Group"), which is hereby designated as the district management corporation, as that term is defined in N.J.S.A. 40:56-66, to receive funds collected from special assessments and/or annual license fees and to assist in the management of the Special Improvement District designated herein.

(2) The Management Group shall consist of 11 members as follows:

[Amended by Ord. No. 4276, 10-30-2012]

a. One member of the Township Council appointed by the Township Council for a term of two years or until the expiration of such member's term on the Teaneck Council, whichever first occurs.

b. The Municipal Manager or his/her designee, to serve at the pleasure of the Municipal Manager.

c. Four representatives who either i) own a business located within the special improvement district, or who are either officers, directors or managing employees of a business within the special improvement district; or ii) own real estate in the special improvement district, or who are officers, directors or managing employees of a holding company which owns real estate in the special improvement district; appointed by the Township Council for a term of two years; provided, however, that terms of the initial appointments shall be staggered so that two terms shall be for two years and two terms shall be for three years.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

d. Three residents of the Township of Teaneck, not otherwise eligible in Subsection (d)(2)a through c above, appointed by the Township Council for a term of two years; provided, however, that the initial appointments shall be staggered so that one term shall be for one year, one term shall be for two years and one term shall be for three years.

e. Two representatives who either: i) own a business located within the Special Improvement District, or who are either officers, directors or managing employees of a business within the Special Improvement District; or ii) own real estate in the Special Improvement District, or who are either officers, directors or managing employees of a holding company which owns real estate in the Special Improvement District; appointed by the members of the Management Group for a term of two years; provided, however, that terms of the initial appointments shall be staggered so that one term shall be for two years and the other term shall be for three years. Appointments by the Management Group under this subsection shall take effect 30 days following receipt of notification of their appointment by the Township Clerk unless, within said thirty-day period, the Township Council votes to reject such appointment.

f. Vacancies within each category of members shall be filled for the unexpired term by the appointing authority for such category.

g. In the event any member shall no longer be eligible to serve within the category to which appointed, the term of such member shall automatically cease, and a vacancy shall be deemed to exist.

h. Except as otherwise provided, all terms shall commence upon appointment and shall expire on July 1 of the last year of the term of the appointment, provided that members shall serve until the appointment and qualification of their successors.

i. Any member of the Management Group may be removed by the Township Council for cause.

(3) The District Management Corporation shall have the following powers in addition to such other powers that may be provided by law:

a. Adopt bylaws for the regulation of its affairs and the conduct of its business and to prescribe rules, regulations and policies in connection with the performance of its functions and duties, subject to the approval thereof by the Township Council. Notwithstanding the foregoing, the Township Council may adopt bylaws for the District Management Corporation.

b. Employ such persons as may be required and fix and pay their compensation from funds available to the Corporation.

c. Apply for, accept, administer and comply with the requirements respecting an appropriation of funds or a gift, grant or donation of property or money.

d. Make and execute agreements with other persons, firms, corporations, government agencies or other entities.

e. Administer and manage its own funds.

f. Borrow money from private lenders for periods of not more than 180 days and from governmental entities for that or longer periods subject to the approval of the Township Council.

g. Fund the improvement of exterior improvements of private properties in the district through a grant or loan program.

h. Fund the rehabilitation of private properties in the district through a grant or loan program.

i. Accept, purchase, rehabilitate, sell, lease or manage property in the district.

j. Enforce the conditions of any loan, grant, sale or lease made by the Corporation.

k. Provide security, sanitation and other services to the district supplemental to those provided normally by the municipality.

l. Undertake improvements designed to increase the safety or attractiveness of the district to businesses which may wish to locate there or to visitors to the district, including but not limited to litter cleanup and control, landscaping, parking areas and facilities, recreational and rest areas and facilities and those improvements generally permitted for pedestrian malls under Section 2 of P.L. 1972, c. 134 (N.J.S.A. 40:56-66), pursuant to pertinent regulations of the governing body.

m. Publicize the district and the businesses included within the district boundaries.

n. Recruit new businesses to fill vacancies in and to balance the mix of the district.

o. Organize special events in the district.

p. Provide special parking arrangements in the district.

q. Provide temporary decorative lighting in the district.

(e) Exercise of police powers.

(1) Notwithstanding the designation of the Special Improvement District or the District Management Corporation, the Township of Teaneck shall retain its powers and other rights and powers relating to the streets or parts thereof included within the Special Improvement District.

(2) Nothing contained herein shall be interpreted or construed to be a vacating, in whole or in part, of any Township street or part thereof.

(3) The District Management Corporation shall not make or enter into any improvements or maintenance services within the Special Improvement District nor adopt any regulations pertaining to such district without the approval of the Council of the Township of Teaneck.

(4) The District Management Corporation shall comply with all applicable ordinances of the Township of Teaneck.

(f) Special assessments. The Council may, by separate ordinance or amendment hereto, provide that the costs of improvements and facilities within the Special Improvement District may be financed and specially assessed or taxed to the properties specially benefitted thereby within the Special Improvement District, as provided by law.

(g) Annual report; budget; audit.

(1) The Township Manager, with the assistance of the District Management Corporation, shall, in January of each year, report to the Council an estimate of the cost of operating and maintaining and annually improving the Special Improvement District for the next fiscal year. The projected budget for the initial year has been filed with the Township Manager prior to introduction of this section.

(2) In addition to the foregoing, for each year, the District Management Corporation shall submit a budget for review to the Township Manager in November of each year; and thereafter, as set forth in Subsection (g)(1) above, the Township Manager shall forward such budget, together with his own review and recommendations, to the Council, for the review and approval of the Council.

(3) The annual report and budget shall be reviewed, amended or approved by the Council, in accordance with law.

(4) Annual costs with respect to the Special Improvement District, as approved in the report and budget, may be specially assessed or taxed to benefitted properties or businesses within the Special Improvement District, as provided by law.

(5) The District Management Corporation shall, within 60 days after the close of its fiscal year, make an annual report of its activities for the preceding fiscal year to the Council.

(6) The District Management Corporation shall cause an annual audit of its books, accounts and financial transactions to be made and filed with the governing body of the municipality within four months after the close of the fiscal year of the corporation, and a duplicate of the report shall be filed with the Director of the Division of Local Government Services in the Department of Community Affairs within five days of the filing of the audit with the governing body of the municipality.

(7) The fiscal year shall commence on January 1 and end on December 31 of the same year.

(8) Total administrative costs of all kinds shall not exceed 35% of the total annual budget of the District Management Corporation for any one fiscal year.

(h) Annual assessments.

[Amended by Ord. No. 10-2014, 5-20-2014]

(1) In order to fund the operations of the Special Improvement District not otherwise provided for by special assessments pursuant to Subsection (f) hereof, there is hereby established an annual assessment for any property (excluding residential Class 2 and 4C properties as shown on the tax assessment records of the Township of Teaneck and properties owned by the Township of Teaneck) within the Special Improvement District at a rate per $100 of assessed valuation of all nonexcluded properties within the Special Improvement District calculated by dividing the annual Special Improvement District budget by the assessed valuation of the nonexcluded properties within the Special Improvement District.

(2) The aforesaid annual assessment shall be on a calendar-year basis and shall be recalculated following a hearing on the annual Special Improvement District budget and the adoption thereof by resolution of the Township Council.

(i) Delegation of work.

(1) The Township of Teaneck may, by resolution of the Council, delegate to the District Management Corporation the contracting of work to be done on any street or streets or other Township-owned property included within the Special Improvement District.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

(2) The District Management Corporation, with respect to all such work, shall be a contracting unit within the meaning of the Local Public Contracts Law[3] and shall comply with all provisions thereof.

[3] Editor's Note: See N.J.S.A. 40A:11-1 et seq.

(3) The plans and specifications for the work to be contracted shall be approved by the Township Manager and any other staff that the Manager and Council deem necessary for approval prior to any action for the awarding of any contract hereunder.

(j) No limitation of powers.

(1) Nothing contained herein shall prevent the Council at any time subsequent to the adoption of this section, by ordinance, from abandoning the operation of the Special Improvement District, changing the extent of the Special Improvement District, supplementing or amending the description of the Special Improvement District to be specifically assessed or taxed for annual costs of the Special Improvement District, changing or repealing any plan, rules, regulations or limitations adopted for the operation of the Special Improvement District or rescinding the designation of or redesignating a District Management Corporation.

(2) Nothing contained herein shall preclude or prohibit the Township of Teaneck from including the Special Improvement District within the bounds of any area, district or zone, established pursuant to law, which has as one of its purposes the encouragement or the concentration of improvements or the rehabilitation of properties located within those bounds or the inducement of private enterprise to locate within those bounds.

Sec. 33-33 Downtown Business Improvement Zone.

[Added by Ord. No. 3594, 5-11-1999, §§ 1, 2]

(a) The purpose of this section is to promote economic growth and employment within the business district and in particular the Special (Business) Improvement District; foster and encourage self-help programs to enhance the local business climate; and authorize, permit and facilitate the Township of Teaneck's Special (Business) Improvement District and the designated District Management Corporation of the district to apply for and accept funds or loans from the State of New Jersey, Department of Community Affairs, for the public improvements as contemplated and defined by P.L. 1998, c. 115.[1]

[1] Editor's Note: See N.J.S.A. 40:56-71.1 et seq.

(b) There is hereby created and designated within the Township of Teaneck a Downtown Business Improvement Zone, which is within the bounds of the Special (Business) Improvement District as more particularly described in Schedule A annexed hereto and made part hereof,[2] which schedule lists and describes by lot and block numbers all properties in the Downtown Business Improvement Zone.

[Amended by Ord. No. 10-2014, 5-20-2014]

[2] Editor's Note: Schedule A is on file in the Township offices.