B.
D.
The applicable area and bulk requirements are presented in the accompanying Schedule of Area and Bulk Requirements set forth at the end of this chapter.
A.
The principal permitted uses allowed in the R-2 District include the following:
B.
D.
The applicable area and bulk requirements are presented in the accompanying Schedule of Area and Bulk Requirements set forth at the end of this chapter.
B.
D.
The applicable area and bulk requirements are presented in the accompanying Schedule of Area and Bulk Requirements set forth at the end of this chapter.
B.
The accessory permitted uses allowed in the CO District include the following:
C.
The applicable area and bulk requirements are presented in the accompanying Schedule of Area and Bulk Requirements set forth at the end of this chapter.
[Amended 5-15-2012 by Ord. No. 12-11; 12-19-2017 by Ord. No. 17-26; 12-15-2020 by Ord. No. 20-17; 3-2-2021 by Ord. No. 21-1; 6-3-2025 by Ord. No. 25-15; 6-3-2025 by Ord. No. 25-17; 12-16-2025 by Ord. No. 25-29]
A.
The purpose of the CBD/SPE District is to encourage the development of a traditional, downtown commercial center containing a mixture of compatible land uses in a distinctive streetscape which enhances and promotes the commercial center of the Borough. This area shall be planned pursuant to the recommendations of the Borough Master Plan. It shall be of integrated and compatible design with respect to the relationship and location of buildings, parking, circulation, walkways, landscape amenity, and buffer features.
B.
The principal permitted uses allowed in the CBD/SPE District include the following:
(1)
Antique shops; art galleries; arts and crafts shops; bakery shops; banks; brokerage houses; eyewear and optical stores; finance companies; hair salons; nail salons (upper floor only); bookstores; butcher shops; business and professional offices exclusive of medical offices; camera stores; card shops; chinaware/flatware and glassware shops; dry-cleaning and laundry establishments (cleaning and laundry not permitted onsite and must be conducted off-site); clothing stores; dress shops; candy stores and confectioneries; coin stores; custom packaging and retail mail services; delicatessens; drapers; pharmacies; flower shops; furniture stores; home furnishing stores; gift shops; gourmet and specialty foods stores (food stores having 1,500 square feet or more may install up to eight seats for consumption of food prepared by the establishment, provided that table service shall be prohibited); nutritional and health food stores (maximum square footage of 2,500 square feet); hardware stores; paint and wallpaper stores; houseware product sales; internet website design and hosting services; interior decorators; jewelers; leather goods shops; hair accessory shops; knitting supplies stores; linen stores; picture-framing shops; locksmiths; merchandise showrooms (such as kitchen and cabinetry); retail music store; musical instruments stores; pet grooming; shoe repair shops; personal care cosmetic or beauty salons (excluding massage parlors); personal shopper services; pet shops; photographic equipment and studios; post offices; electronics technology repair shops (upper floor only); telecommunications stores; parking areas or lots, provided that the service is ancillary to the main use; coffee shops; ice cream parlors; retail merchandise pickup locations; shoe sales stores; sporting goods stores; stationers; stockbrokers; tailor shops; toy stores; travel and ticket agencies; and wearing apparel shops.
(3)
Municipal buildings and uses.
C.
Accessory permitted uses allowed in the CBD/SPE District include the following:
D.
Conditional permitted uses allowed in the CBD/SPE District include the following:
(1)
Underground garage parking facilities, subject to the following conditional requirements:
E.
The applicable area and bulk requirements are presented in the accompanying Schedule of Area and Bulk Requirements set forth at the end of this chapter.
F.
Prohibited uses in the CBD/SPE District. The following uses are specifically prohibited in the CBD/SPE Zone District:
(1)
Drive-through facilities are specifically prohibited.
(2)
Accessory garages used for purposes other than the parking of vehicles carrying consumers entering or employees staffing or for storing items related to the attached principal structure or owned by residents of the principal structure.
(3)
Accessory driveways and private parking lots used for purposes other than the parking of vehicles carrying consumers entering or employees staffing the attached principal structure with the exception of short-term delivery vehicles servicing the principle use therein and residents that reside in the CBD/SPE.
(4)
Food trucks are specifically prohibited on public and private property in the CBD/SPE with the exception of the loading or unloading of a mobile food truck licensed to a Westwood business and parked in the business owners lot.
[Amended 7-10-2007 by Ord. No. 07-15; 5-15-2012 by Ord. No. 12-11; 3-2-2021 by Ord. No. 21-1; 4-15-2025 by Ord. No. 25-9]
A.
The purpose of the CBD Central Business District is to permit a variety of retail and service uses which complement the established character and scale of the area.
B.
The principal permitted uses allowed in the CBD District include the following:
(1)
All principal permitted uses allowed in the CBD/SPE District.
(2)
Retail appliance stores; banks; dance studios; retail sale of prepared foods and related products to be consumed off premises; dry-cleaning establishments servicing walk-in customers (not laundromats); financial services; fish stores; business, professional and medical offices; optical products, including retail sale of eyeglasses, eyeglass frames and related products; real estate offices; residential dwelling units (per R-1 District regulations); sit-down restaurants and restaurants with bars (not to be located within 100 feet of the R-1 Detached Single-Family Residential District); stockbrokers; bond salespersons and sale of financial products; tailors; travel agencies; video stores; wearing apparel shops; and nutritionist, dietician and licensed physical therapist.
C.
Accessory permitted uses allowed in the CBD District include the following:
D.
Conditional permitted uses allowed in the CBD District include the following:
(1)
Underground garage parking facilities, subject to the following conditional requirements:
E.
The applicable area and bulk requirements are presented in the accompanying Schedule of Area and Bulk Requirements set forth at the end of this chapter.
F.
Prohibited uses in the CBD District. The following uses are specifically prohibited in the CBD Zone District:
(1)
Drive-through facilities are specifically prohibited.
(2)
Accessory garages used for purposes other than the parking of vehicles carrying consumers entering or employees staffing or for storing items related to the attached principal structure or owned by residents of the principal structure.
(3)
Accessory driveways and private parking lots used for purposes other than the parking of vehicles carrying consumers entering or employees staffing the attached principal structure with the exception of short-term delivery vehicles servicing the principle use therein and residents that reside in the CBD.
(4)
Food trucks are specifically prohibited on public and private property in the CBD with the exception of the loading or unloading of a mobile food truck licensed to a Westwood business and parked in the business owners lot.
A.
The purpose of the SC District is to acknowledge the site's developed character as a shopping center with a mix of retail, service and commercial and restaurant uses. The underlying intent is to serve the local market area with consumer goods and services with the intent to complement and not conflict with the purposes of the surrounding zones, specifically the Central Business District (CBD) and the Central Business District/Special Pedestrian Environment (CBD/SPE).
[Amended 2-6-2024 by Ord. No. 24-1]
B.
The principal permitted uses allowed in the SC District include the following:
(1)
All principal permitted uses allowed in the CBD District, except residential.
(2)
Bicycle shops; department stores; drive-through banks; exercise and tanning facilities; grocery and food stores; garden supply stores; household appliance repair shops; glass, window and mirror stores; office equipment stores; radio and television repair shops; custom packaging and retail mail services; supermarkets (provided, however, that none of the foregoing permitted uses shall carry merchandise other than that to be sold at retail on the premises, and provided that all services are conducted within enclosed buildings); and shopping centers or multiple-unit shops or stores developed and managed as a single unit engaged in retail merchandising only, provided that they include only the foregoing permitted uses.
[Amended 7-10-2007 by Ord. No. 07-15]
(4)
Municipal buildings and uses.
(5)
Commercial indoor recreation including instructional sports training facilities; courts for tennis, squash, handball, and racquetball, skating rinks, including roller and/or ice skating, bowling alleys, golf driving range, gymnastics facility and similar recreational uses, provided that their activities are carried on entirely within the enclosed building.
[Added 2-6-2024 by Ord. No. 24-1]
C.
Accessory permitted uses allowed in the SC District include the following:
(6)
Building-wall-mounted solar panels, subject to extending no further than six inches into the minimum principal building setback requirements. Such installations shall comply with the applicable requirements of § 195-130J(2)(f) through (o).
[Added 3-2-2021 by Ord. No. 21-1]
E.
The applicable area and bulk requirements are presented in the accompanying Schedule of Area and Bulk Requirements set forth at the end of this chapter.
A.
The purpose of the RW District is to acknowledge an existing area of outlet and wholesale establishments and the limited retail and light manufacturing uses of the LM District as noted herein.
[Amended 3-19-2013 by Ord. No. 13-04]
B.
The principal permitted uses allowed in the RW District include the following:
(1)
Computer, telephone and related electronic equipment sales and rentals.
(2)
Electrical/electronic sales and service.
(3)
Municipal buildings and uses.
(4)
Home furnishings.
(5)
Linens.
(6)
Leather goods, including luggage.
(7)
Jewelry, crystal, flatware, sale of gold and silver and related products (not to be construed as a pawnshop).
(8)
Offices, professional and business.
(9)
Optical products, including the retail sale of eyeglasses, eyeglass frames and related products.
(10)
Shoes and footwear.
(11)
Sporting goods and related products (not to be construed to include the sale of guns, rifles, ammunition, or weapons).
(12)
Wearing apparel.
(13)
Paint, wallpaper and related decorating item stores.
(15)
The permitted uses of the LM Light Manufacturing District, as enumerated in § 195-125 B.
[Added 3-19-2013 by Ord. No. 13-04]
(16)
Office equipment and supply stores.
[Added 3-19-2013 by Ord. No. 13-04]
(17)
Retail sales of durable products, such as furniture manufactured, stored or assembled on site, with a minimum retail area of 25% of the total building area.
[Added 3-19-2013 by Ord. No. 13-04]
(18)
Self-storage facilities. (No electrical receptacles other than lighting shall be available for individual storage units.)
[Added 3-19-2013 by Ord. No. 13-04]
C.
Accessory permitted uses allowed in the RW District include the following:
(6)
Building-wall-mounted solar panels, subject to extending no further than six inches into the minimum principal building setback requirements. Such installations shall comply with the applicable requirements of § 195-130J(2)(f) through (o).
[Added 3-2-2021 by Ord. No. 21-1]
E.
The applicable area and bulk requirements are presented in the accompanying Schedule of Area and Bulk Requirements set forth at the end of this chapter.
[Added 12-18-2018 by Ord. No. 18-41]
A.
The purpose of the RW-RM Retail/Wholesale — Residential Multifamily Affordable Housing Overlay Zone is to create an opportunity for the construction of low- and moderate-income housing in a suitable portion of the Borough of Westwood and thereby help to address the fair share housing obligation of the Borough of Westwood under the New Jersey Fair Housing Act ("FHA"), applicable Council on Affordable Housing ("COAH") regulations, the settlement agreement entered into between the Borough and Fair Share Housing Center ("FSHC") on April 24, 2018, and the Borough's Housing Element and Fair Share Plan. The RW-RM Overlay Zone encourages the development of low- and moderate-income housing by allowing for inclusionary development; however, developers shall also have the option of developing in accordance with the underlying RW Zone standards.
B.
The principal permitted uses in the Retail/Wholesale — Residential Multifamily Affordable Housing Overlay Zone shall be identical to those uses permitted in the RW Zone as set forth at § 195-121; provided, however, that any developer that elects to develop in accordance with the Retail/Wholesale — Residential Multifamily Affordable Housing Overlay Zone standards as set forth hereinbelow shall be required to provide multifamily dwellings.
C.
D.
Affordable housing.
(1)
All multifamily residential developments constructed in the RW-RM Retail/Wholesale - Residential Multifamily Affordable Housing Overlay Zone shall be required to set aside a minimum percentage of units for affordable housing in accordance with the following requirements:
[Amended 3-5-2019 by Ord. No. 19-2]
(a)
Where units will be for sale, the minimum set aside shall be 20%. Where units will be for rent, the minimum set aside shall be 15%. When calculating the required number of affordable units, any computation resulting in a fraction of a unit shall be rounded upwards to the next whole number.
(b)
The first affordable rental unit to be created shall be a qualified affordable family unit as defined in N.J.A.C. 5:97-1.4 as amended or supplemented.[1] This requirement shall be satisfied if an affordable rental unit is first created in the LB-RM District pursuant to § 195-122.1, or by the mandatory set-aside ordinance as established in § 195-186.
[1]
Editor's Note: The provisions of N.J.A.C. 5:97-1.1 et seq. expired 6-2-2015.
(2)
All affordable units to be produced pursuant to this section shall comply with Article XXV, Affordable Housing, of this chapter, as may be amended and supplemented, the uniform housing affordability controls ("UHAC")(N.J.A.C. 5:80-26.1 et seq.), or any successor regulation, and the Borough's Housing Element and Fair Share Plan, as may be amended from time to time. This includes, but is not limited to, the following requirements for all affordable units:
(a)
Low/moderate-income split. A maximum of 50% of the affordable units shall be moderate-income units and a minimum of 50% of the affordable units shall be low-income units. At least 13% of all restricted units shall be very-low-income units, which shall be counted as part of the required number of low-income units within the development.
(b)
Bedroom mix. In the development under this zoning, the following bedroom mix shall apply:
[1]
The combined number of efficiency and one-bedroom units shall be no greater than 20% of the total low- and moderate-income units;
[2]
At least 30% of all low- and moderate-income units shall be two-bedroom units;
[3]
At least 20% of all low- and moderate-income units shall be three-bedroom units; and
[4]
The remaining units may be allocated among two- and three-bedroom units at the discretion of the developer.
(c)
Deed-restriction period. All affordable units shall be deed restricted for a period of 30 years from the date of the initial occupancy of each affordable unit (the "deed-restriction period"). The affordability controls shall expire at the end of 30 years after the date of the initial occupancy of the respective individual affordable unit, except, as to rental units, the affordability controls shall remain in effect until the date on which a rental unit shall become vacant, provided that the occupant household continues to earn a gross annual income of less than 80% of the applicable median income. See N.J.A.C. 5:80-26.11(b). If, at any time after the end of 30 years after the date of initial occupancy, a rental household's income is found to exceed 80% of the regional median income, the rental rate restriction shall expire at the later of either the next scheduled lease renewal or 60 days. Ibid. For for-sale units, the deed restriction shall expire only after it is properly released by the Borough and/or the Borough's administrative agent.
(d)
Administrative agent. All affordable units shall be administered by a qualified administrative agent paid for by the developer.
(e)
Other affordable housing unit requirements. Developers shall also comply with all the other requirements of Article XXV, Affordable Housing, of this chapter, including, but not limited to, affirmative marketing requirements; candidate qualification and screening requirements; integrating the affordable units amongst the market rate units; and unit phasing requirements. The developer shall ensure that the affordable units are dispersed between all of the buildings on its site, and shall identify the exact location of each affordable unit at the time of site plan application.
E.
Area and bulk requirements. The area and bulk requirements for the uses allowed in the RW-RM Retail/Wholesale — Residential Multifamily Affordable Housing Overlay Zone are set forth below:
(1)
Lot area. There shall be a minimum lot area of 25,000 square feet.
(2)
Lot width. There shall be a minimum lot width of 100 feet.
(3)
Lot depth. There shall be a minimum lot depth of 100 feet.
(4)
Density. There shall be a maximum gross density of 20 dwelling units per acre.
(6)
Height. No building shall exceed a height of 38 feet or three stories.
(7)
Building coverage. There shall be a maximum building coverage of 60%.
(8)
Lot coverage. There shall be a maximum lot coverage of 75%.
F.
Development standards.
(1)
Building requirements.
(a)
Building design. In order to provide attractiveness, identity and individuality to dwelling units, buildings and complexes of buildings within the entire zone and to avoid the monotonous repetition of design elements and its undesirable visual effects, the following design standards shall be utilized:
[1]
Consistency among building materials and colors with the Borough's existing residential, historical and architectural characteristics.
[2]
Harmonious relationship with other on-site features and buildings.
[3]
Varying dwelling unit widths, staggering dwelling unit setbacks and altering building heights and rooflines.
[4]
No more than 30 feet of front or rear building wall permitted without providing a break in the facade of two feet of articulation.
[5]
Buildings with expansive blank walls on any facade are discouraged. Side and rear elevations should receive architectural treatments comparable to front facades.
[6]
Varying architectural embellishments to roofs between dwelling units, buildings or complexes of buildings including roof elements such as dormers, belvederes, masonry chimneys and similar elements, provided that such are architecturally compatible with the style, materials, colors and details of the building.
[7]
Varying decorative and architectural features at entrances, cornices, windows and articulation between dwelling units, buildings or complexes of buildings, provided that such are architecturally compatible with the style, materials, colors and details of the building.
[8]
Complementary building colors and materials to be consistent with the general theme of the development.
[9]
Strategically placed windows, doors, porches and columns with consideration of "human scale."
[10]
Exterior-mounted mechanical and electrical equipment exposed to the public view shall be architecturally screened. Roof-mounted equipment and projections should be painted the same color as the roof and, where possible, located to the center of the building, away from the public view.
[11]
Building construction shall utilize green building or sustainable building methods to the extent practicable to reduce the operating and maintenance costs of low- and moderate-income households.
(b)
Construction. The multifamily buildings shall conform with the applicable NJUCC requirements including the fire resistance of building materials.
(2)
Dwelling unit requirements.
(a)
Minimum floor area. Each dwelling unit shall have a minimum floor area of 600 square feet.
(b)
Floors and ceilings and partitions between dwelling units shall be constructed so as to have a minimum airborne sound transmission loss classification of 50 decibels. The Planning Board shall ascertain that reasonable measures are taken in floor and ceiling construction to avoid disturbing levels of sound impact.
G.
Off-street parking.
(1)
The minimum number of off-street parking spaces for multifamily residential housing shall be as set forth in the residential site improvement standards (N.J.A.C. 5:21).
(2)
All parking areas shall be designed in accordance with the applicable provisions of Article XX of this chapter.
(3)
Adequate fire and emergency access must be provided subject to the Borough of Westwood Fire Department.
(4)
On-site parking shall not be provided for any use or to any party other than a resident or visitor of the site, nor shall parking areas be used for any purpose other than parking.
(5)
Signage shall be provided where parking spaces are to be reserved for residents. Visitor parking shall be signed and painted for each space designated for such a purpose.
(6)
Adequate parking facilities for accessibility to people with mobility impairments shall be provided as required by the Americans with Disabilities Act (ADA).
H.
Landscaping and open space.
(1)
At least 20% of the gross site area shall be devoted to open space for passive or active recreation, or conservation.
(2)
There shall be a comprehensive landscape plan prepared by a New Jersey licensed landscape architect which shall detail the location, type, size and any planting note for the proposed landscape materials. This plan shall be subject to the approval of the Planning Board.
(3)
A landscape buffer shall be provided where a multifamily development abuts a single-family residential zone. The buffer shall be a minimum of 20 feet in width, as measured from the property line. The buffer shall provide a year-round visual screen and minimize adverse impacts from the site on adjacent properties. Buffers shall consist of natural vegetation to the greatest extent practical, and may consist of fences, planting, berms, mounds, or combinations thereof to achieve the stated objectives.
(4)
No use or structure, including parking or loading areas, shall be permitted within the required buffer area, but the Planning Board may, upon a finding of reasons thereof, permit a portion of a buffer area to be used for walkways, underground linear utilities and site access drives, and the Board may also permit a portion of a buffer area to be used for stormwater detention or retention basins, provided that the basin is designed as a landscaping feature, and further provided that the landscaping plan for the buffer area is determined by the Planning Board to meet the objective of the buffer area.
I.
Lighting.
(1)
Adequate lighting shall be provided for all common areas and pedestrian walkways.
(2)
All outdoor lighting, including streetlamps and accent lighting, should comply with "dark sky" standards intended to reduce light pollution. Dark sky standards require that lighting is downcast, illuminates only the intended areas, and does not cause disabling glare that affects driver safety and reduces the visibility of starry night skies.
(3)
Lighting for the development must be contained on the property on which the development is located with a maximum footcandle of 0.30 at all side and rear property lines.
(4)
LED lighting shall be permitted in addition to all of the conditions of the land use ordinance standards for lighting.
J.
Miscellaneous.
(1)
Secure television connections shall be provided for each unit. Television antennas shall be limited to one master antenna per building.
(2)
Through-wall air-conditioning units that project beyond the building wall are not permitted.
(3)
All trash and garbage shall be stored at all times in airtight covered containers which shall be kept in a centrally located, concealed area. They may be stored in private garages or outside of buildings. If the materials are stored outside, they must be kept in a permanent enclosure with a latching gate in a centrally located, concealed area approved by the Planning Board.
(4)
Amenities restricted to the use of the residents and their guests are permitted subject to all applicable local and state requirements.
(5)
Swimming pools, restricted to the use of tenants, are permitted subject to all applicable local and state requirements.
(6)
Internal walkways shall be provided to provide a pedestrian connection to any site development amenities, such as a clubhouse, recreational facilities, pools, etc.
(7)
Internal walkways shall be a minimum of four feet wide and shall be designed to comply with the requirements of the Americans with Disabilities Act (ADA).
[Amended 9-19-2006 by Ord. No. 06-11]
A.
The purpose of the LB-1 District is to encourage integrated wholesale uses, a limited number of retail uses where retail activity is associated with distribution activity, and specified business and office uses.
B.
The principal permitted uses allowed in the LB-1 District include the following:
(1)
Retail sales of durable products, such as furniture manufactured, stored or assembled for sale on site with a minimum retail area of 25% of the total building area.
(2)
Retail sales of appliances, furniture, office equipment or similar bulky, durable items.
(3)
Retail stores not exceeding 2,500 square foot of gross leasable area stocking a limited selection of merchandise, including dairy products, fresh fruits and vegetables, frozen foods, grocery items, newspapers and magazines, and lottery tickets.
[Added 12-21-2010 by Ord. No. 10-28]
(4)
Restaurants and fast-food restaurants.
(5)
Health clubs.
(6)
Recreation uses.
(7)
Banks, including drive-through banks.
(8)
Business, professional and medical (including veterinarian) offices.
[Amended 12-21-2010 by Ord. No. 10-28]
(10)
Dry-cleaning stores (retail distribution only).
(11)
Furniture or home furnishing store.
(12)
Instructional dance or martial arts studios.
(13)
Music studios and music instruction studios.
[Amended 12-21-2010 by Ord. No. 10-28]
(14)
Appliance or electronic supply shops.
(15)
Retail custom packaging and mail services.
(16)
Retail office supplies.
(17)
Antique shops.
(18)
Parking lots, subject to applicable standards in Article XX, Off-Street Parking Requirements, of this chapter.
(19)
Passenger car rental uses.
[Added 12-21-2010 by Ord. No. 10-28]
C.
Accessory permitted uses allowed in the LB-1 District include the following:
(4)
Seasonal farmers' markets or plant sales, subject to permitting regulations.
(7)
Building-wall-mounted solar panels, subject to extending no further than six inches into the minimum principal building setback requirements. Such installations shall comply with the applicable requirements of § 195-130J(2)(f) through (o).
[Added 3-2-2021 by Ord. No. 21-1]
D.
Conditional permitted uses allowed in the LB-1 District include the following:
(1)
Fast-food restaurants with a drive-through, subject to the following conditional use regulations:
(a)
Minimum lot area shall be 20,000 square feet.
(b)
No part of any principal structure used as a fast-food restaurant shall be located within 100 feet of any single-family zone boundary line.
[Amended 1-18-2011 by Ord. No. 11-04]
(c)
Minimum landscape buffer width from adjacent residentially developed property shall be 20 feet.
(d)
No part of any fast-food restaurant building, nor any ancillary driveway entrance or exit, shall be located within 300 feet of any lot line of any other fast-food restaurant within the same zone.
(e)
Driveway curblines to and from a fast-food restaurant shall be at least 100 feet from a street intersection right-of-way to the driveway curbline.
(f)
Drive-through lanes shall provide length for a minimum of five cars in queue for the drive-up window.
(g)
No queuing area for the drive-through lanes shall be in the front yard of a lot, with the exception of the entrance and exit lanes.
(h)
Drive-through lanes shall be separated from adjacent parking areas by a landscaped island of at least five feet from adjacent parking areas and at least 10 feet from side property lines.
E.
The applicable area and bulk requirements are presented in the accompanying Schedule of Area and Bulk Requirements set forth at the end of this chapter.
[Added 12-18-2018 by Ord. No. 18-40]
A.
The purpose of the LB-RM Limited Business — Residential Multifamily Affordable Housing Overlay Zone is to create an opportunity for the construction of low- and moderate-income housing in a suitable portion of the Borough of Westwood and thereby to address the fair share housing obligation of the Borough of Westwood under the New Jersey Fair Housing Act ("FHA"), applicable Council on Affordable Housing ("COAH") regulations, the settlement agreement entered into between the Borough and Fair Share Housing Center ("FSHC") on April 24, 2018, and the Borough's Housing Element and Fair Share Plan. The LB-RM Overlay Zone encourages the development of low- and moderate-income housing by allowing for inclusionary development; however, developers shall also have the option of developing in accordance with the underlying LB-1 Zone standards.
B.
The principal permitted uses in the Limited Business — Residential Multifamily Affordable Housing Overlay Zone shall be identical to those uses permitted in the LB-1 Zone as set forth at § 195-122; provided, however, that any developer that elects to develop in accordance with the Limited Business — Residential Multifamily Affordable Housing Overlay Zone standards as set forth hereinbelow shall be required to provide multifamily dwellings.
C.
D.
Affordable housing.
(1)
All multifamily residential developments constructed in the LB-RM Limited Business - Residential Multifamily Affordable Housing Overlay Zone shall be required to set aside a minimum percentage of units for affordable housing in accordance with the following requirements:
[Amended 3-5-2019 by Ord. No. 19-2]
(a)
Where units will be for sale, the minimum set aside shall be 20%. Where units will be for rent, the minimum set aside shall be 15%. When calculating the required number of affordable units, any computation resulting in a fraction of a unit shall be rounded upwards to the next whole number.
(b)
The first affordable rental unit to be created shall be a qualified affordable family unit as defined in N.J.A.C. 5:97-1.4 as amended or supplemented.[1] This requirement shall be satisfied if an affordable rental unit is first created in the RW-RM District pursuant to in §195-121.1, or by the mandatory set-aside ordinance as established in §195-186.
[1]
Editor's Note: The provisions of N.J.A.C. 5:97-1.1 et seq. expired 6-2-2015.
(2)
All affordable units to be produced pursuant to this section shall comply with Article XXV, Affordable Housing, of this chapter, as may be amended and supplemented, the uniform housing affordability controls ("UHAC")(N.J.A.C. 5:80-26.1 et seq.), or any successor regulation, and the Borough's Housing Element and Fair Share Plan, as may be amended from time to time. This includes, but is not limited to, the following requirements for all affordable units:
(a)
Low/moderate-income split. A maximum of 50% of the affordable units shall be moderate-income units and a minimum of 50% of the affordable units shall be low-income units. At least 13% of all restricted units shall be very-low-income units, which shall be counted as part of the required number of low-income units within the development.
(b)
Bedroom mix. In the development under this zoning, the following bedroom mix shall apply:
[1]
The combined number of one-bedroom units shall be no greater than 20% of the total low- and moderate-income units;
[2]
At least 30% of all low- and moderate-income units shall be two-bedroom units;
[3]
At least 20% of all low- and moderate-income units shall be three-bedroom units; and
[4]
The remaining units may be allocated among two- and three-bedroom units at the discretion of the developer.
(c)
Deed-restriction period. All affordable units shall be deed restricted for a period of 30 years from the date of the initial occupancy of each affordable unit (the "deed-restriction period"). The affordability controls shall expire at the end of 30 years after the date of the initial occupancy of the respective individual affordable unit, except, as to rental units, the affordability controls shall remain in effect until the date on which a rental unit shall become vacant, provided that the occupant household continues to earn a gross annual income of less than 80% of the applicable median income. See N.J.A.C. 5:80-26.11(b). If, at any time after the end of 30 years after the date of initial occupancy, a rental household's income is found to exceed 80% of the regional median income, the rental rate restriction shall expire at the later of either the next scheduled lease renewal or 60 days. Ibid. For for-sale units, the deed restriction shall expire only after it is properly released by the Borough and/or the Borough's administrative agent.
(d)
Administrative agent. All affordable units shall be administered by a qualified administrative agent, approved by the Borough and paid for by the developer.
(e)
Other affordable housing unit requirements. Developers shall also comply with all the other requirements of Article XXV, Affordable Housing, of this chapter, including, but not limited to, affirmative marketing requirements; candidate qualification and screening requirements; integrating the affordable units amongst the market rate units; and unit phasing requirements. The developer shall ensure that the affordable units are dispersed between all of the buildings on its site and shall identify the exact location of each affordable unit at the time of site plan application.
E.
Area and bulk requirements. The area and bulk requirements for the uses allowed in the LB-RM Limited Business — Residential Multifamily Affordable Housing Overlay Zone are set forth below:
(1)
Lot area. There shall be a minimum lot area of two acres.
(2)
Lot width. There shall be a minimum lot width of 100 feet.
(3)
Lot depth. There shall be a minimum lot depth of 100 feet.
(4)
Density. There shall be a maximum gross density of 20 dwelling units per acre.
(6)
Height. No building shall exceed a height of 38 feet or three stories.
(7)
Building coverage. There shall be a maximum building coverage of 50%.
(8)
Lot coverage. There shall be a maximum lot coverage of 75%.
F.
Development standards.
(1)
Building requirements.
(a)
Building design. In order to provide attractiveness, identity and individuality to dwelling units, buildings and complexes of buildings within the entire zone and to avoid the monotonous repetition of design elements and its undesirable visual effects, the following design standards shall be utilized:
[1]
Consistency among building materials and colors with the Borough's existing residential, historical and architectural characteristics.
[2]
Harmonious relationship with other on-site features and buildings.
[3]
Varying dwelling unit widths, staggering dwelling unit setbacks and altering building heights and rooflines.
[4]
No more than 30 feet of front or rear building wall permitted without providing a break in the facade of two feet of articulation.
[5]
Buildings with expansive blank walls on any facade are discouraged. Side and rear elevations should receive architectural treatments comparable to front facades.
[6]
Varying architectural embellishments to roofs between dwelling units, buildings or complexes of buildings including roof elements such as dormers, belvederes, masonry chimneys and similar elements, provided that such are architecturally compatible with the style, materials, colors and details of the building.
[7]
Varying decorative and architectural features at entrances, cornices, windows and articulation between dwelling units, buildings or complexes of buildings, provided that such are architecturally compatible with the style, materials, colors and details of the building.
[8]
Complementary building colors and materials to be consistent with the general theme of the development.
[9]
Strategically placed windows, doors, porches and columns with consideration of "human scale."
[10]
Exterior-mounted mechanical and electrical equipment exposed to the public view shall be architecturally screened. Roof-mounted equipment and projections should be painted the same color as the roof and, where possible, located to the rear of the building, away from the public view.
[11]
Building construction shall utilize green building or sustainable building methods to the extent practicable to reduce the operating and maintenance costs of low- and moderate-income households.
(b)
Construction. The multifamily buildings shall conform with the applicable NJUCC requirements including the fire resistance of building materials.
(2)
Dwelling unit requirements.
(a)
Minimum floor area. Each dwelling unit shall have a minimum floor area of 600 square feet.
(b)
Floors and ceilings and partitions between dwelling units shall be constructed so as to have a minimum airborne sound transmission loss classification of 50 decibels. The Planning Board shall ascertain that reasonable measures are taken in floor and ceiling construction to avoid disturbing levels of sound impact.
G.
Off-street parking.
(1)
The minimum number of off-street parking spaces for multifamily residential housing shall be as set forth in the residential site improvement standards (N.J.A.C. 5:21).
(2)
All parking areas shall be designed in accordance with the applicable provisions of Article XX of this chapter.
(3)
Adequate fire and emergency access must be provided subject to the Borough of Westwood Fire Department.
(4)
On-site parking shall not be provided for any use or to any party other than a resident or visitor of the site, nor shall parking areas be used for any purpose other than parking.
(5)
Signage shall be provided where parking spaces are to be reserved for residents. Visitor parking shall be signed and painted for each space designated for such a purpose.
(6)
Adequate parking facilities for accessibility to people with mobility impairments shall be provided as required by the Americans with Disabilities Act (ADA).
H.
Landscaping and open space.
(1)
At least 20% of the gross site area shall be devoted to open space for passive or active recreation, or conservation.
(2)
There shall be a comprehensive landscape plan prepared by a New Jersey licensed landscape architect which shall detail the location, type, size and any planting note for the proposed landscape materials. This plan shall be subject to the approval of the Planning Board.
(3)
A landscape buffer shall be provided where a multifamily development abuts a single-family residential zone. The buffer shall be a minimum of 20 feet in width, as measured from the property line. The buffer shall provide a year-round visual screen and minimize adverse impacts from the site on adjacent properties. Buffers shall consist of natural vegetation to the greatest extent practical, and may consist of fences, planting, berms, mounds, or combinations thereof to achieve the stated objectives.
(4)
No use or structure, including parking or loading areas, shall be permitted within the required buffer area, but the Planning Board may, upon a finding of reasons thereof, permit a portion of a buffer area to be used for walkways, underground linear utilities and site access drives, and the Board may also permit a portion of a buffer area to be used for stormwater detention or retention basins, provided that the basin is designed as a landscaping feature, and further provided that the landscaping plan for the buffer area is determined by the Planning Board to meet the objective of the buffer area.
I.
Lighting.
(1)
Adequate lighting shall be provided for all common areas and pedestrian walkways.
(2)
All outdoor lighting, including streetlamps and accent lighting, should comply with "dark sky" standards intended to reduce light pollution. Dark sky standards require that lighting is downcast, illuminates only the intended areas, and does not cause disabling glare that affects driver safety and reduces the visibility of starry night skies.
(3)
Lighting for the development must be contained on the property on which the development is located with a maximum footcandle of 0.30 at all side and rear property lines.
(4)
LED lighting shall be permitted in addition to all of the conditions of the land use ordinance standards for lighting.
J.
Miscellaneous.
(1)
Secure television connections shall be provided for each unit. Television antennas shall be limited to one master antenna per building.
(2)
Through-wall air-conditioning units that project beyond the building wall are not permitted.
(3)
All trash and garbage shall be stored at all times in airtight covered containers which shall be kept in a centrally located, concealed area. They may be stored in private garages or outside of buildings. If the materials are stored outside, they must be kept in a permanent enclosure with a latching gate in a centrally located, concealed area approved by the Planning Board.
(4)
Amenities restricted to the use of the residents and their guests are permitted subject to all applicable local and state requirements.
(5)
Swimming pools, restricted to the use of tenants, are permitted subject to all applicable local and state requirements.
(6)
Internal walkways shall be provided to provide a pedestrian connection to any site development amenities, such as a clubhouse, recreational facilities, pools, etc.
(7)
Internal walkways shall be a minimum of four feet wide and shall be designed to comply with the requirements of the Americans with Disabilities Act (ADA).
[Added 9-19-2006 by Ord. No. 06-11]
A.
The purpose of the LB-2 District is to encourage integrated limited retail uses and specified business and office uses.
B.
The principal permitted uses allowed in the LB-2 District include the following:
(1)
Retail custom packaging and mail services.
(2)
Banks, not including drive-through banks.
(3)
Business, professional and medical offices.
(5)
Antique shops.
(6)
Dry-cleaning stores (retail distribution only).
(7)
Interior decorating or home accessories stores.
(8)
Instructional dance or martial arts studios.
(9)
Recording studios.
(10)
Office supplies.
(11)
Indoor ice-skating rinks.
C.
Accessory permitted uses allowed in the LB-2 District include the following:
(6)
Building-wall-mounted solar panels, subject to extending no further than six inches into the minimum principal building setback requirements. Such installations shall comply with the applicable requirements of § 195-130J(2)(f) through (o).
[Added 3-2-2021 by Ord. No. 21-1]
E.
The applicable area and bulk requirements are presented in the accompanying Schedule of Area and Bulk Requirements set forth at the end of this chapter.
[Added 9-19-2006 by Ord. No. 06-11]
A.
The purpose of the LB-3 District is to encourage integrated limited retail uses, retail activity associated with distribution activity and specified business and office uses.
B.
The principal permitted uses allowed in the LB-3 District include the following:
[Amended 9-18-2012 by Ord. No. 12-18]
(1)
Retail sale of appliances, furniture, office equipment or similar bulky, durable items;
(2)
Medical equipment sales, rental and service;
(3)
Instructional dance or martial arts studios;
(4)
Music studios and music instruction studios;
(5)
Retail custom packaging and mail services;
(6)
Passenger car rental uses;
(7)
Personal care services such as hair and beauty salons;
(8)
Individualized instructional sports training facilities (excluding health clubs); shall not exceed a maximum net training floor area of 10,000 square feet;
(9)
Neighborhood hardware store (maximum floor area 5,000 square feet);
(10)
Farmers' market;
(11)
Restaurants (excluding drive-throughs);
(12)
Banks, including drive-through banks;
(13)
Business and professional offices;
[Amended 11-10-2015 by Ord. No. 15-25]
(15)
Antique shops;
(16)
Animal grooming and animal day-care services;
(17)
Dry cleaners (retail distribution only).
C.
Accessory permitted uses allowed in the LB-3 District include the following:
(6)
Building-wall-mounted solar panels, subject to extending no further than six inches into the minimum principal building setback requirements. Such installations shall comply with the applicable requirements of § 195-130J(2)(f) through (o).
[Added 3-2-2021 by Ord. No. 21-1]
D.
Conditional permitted uses allowed in the LB-3 District include the following:
(1)
Parking lots for adjacent properties, subject to the following:
(a)
The parking lot shall serve a conterminous property or a property within 200 feet of the subject property.
(b)
The parking area shall serve a permitted use in the zone.
(c)
Parking areas shall be signed to indicate the owner, business usage of parking and that no overnight parking by nontenant vehicles is permitted.
(2)
Retail sales dealerships for new automobiles, subject to all development regulations of the district, and further subject to the following conditional use regulations:
(a)
Minimum lot area: 25,000 square feet.
(b)
Minimum lot width: 125 feet, measured at the building setback line.
(c)
The automobile dealership is permitted to include used automobile sales and service wherein used automobile sales and service is accessory to new automobile sale uses and that outdoor display and/or storage of used automobiles does not exceed 30% of the total outdoor display and storage area of automobiles.
(3)
Adult senior day-care facilities subject to the following conditions:
[Added 9-18-2012 by Ord. No. 12-18]
E.
The applicable area and bulk requirements are presented in the accompanying Schedule of Area and Bulk Requirements set forth at the end of this chapter.
A.
The purpose of the LM Light Manufacturing District is to permit light manufacturing, warehouse, office and research uses.
B.
The principal permitted uses allowed in the LM District include the following:
[Amended 9-18-2012 by Ord. No. 12-17]
(1)
Light manufacturing;
(2)
Warehouses;
(3)
Self-storage facilities;
(4)
Laboratories;
(5)
Business, professional and medical offices;
(6)
Essential municipal purposes;
(8)
Instructional dance or martial arts studios;
(9)
Glass, window or mirror businesses;
(10)
Individualized instructional sports training facilities (excluding health clubs); shall not exceed a maximum net training floor area of 10,000 square feet;
(11)
Automotive and automotive body repair shops. Outdoor storage associated with such facilities shall conform with the outdoor storage requirements noted in the accessory uses in this zone;
(12)
Car leasing and rental facilities. Outdoor storage associated with such facilities shall conform with the outdoor storage requirements noted in the accessory uses in this zone;
(13)
Fabrication businesses;
(14)
Garden centers and nurseries;
(15)
Contractor facilities (permitting tradesmen such as painters, plumbers, carpenters, electricians, roofers and excavators). Outdoor storage associated with such facilities shall conform with the outdoor storage requirements noted in the accessory uses in this zone;
(16)
Security businesses;
(17)
Printing facilities;
(18)
Medical supplies;
(19)
Medical products research and development facilities.
C.
Accessory permitted uses allowed in the LM District include the following:
(5)
Outdoor storage areas conforming with the following:
[Added 9-18-2012 by Ord. No. 12-17]
(a)
Storage must be within an area defined and completely screened in accordance with specific approval of a site plan by the Planning or Zoning Board;
(b)
Screened with a minimum buffer in accordance with the buffer requirements of § 195-133 from a residential-zoned or -developed property;
(c)
The area shall be calculated in the total impervious coverage of the site;
(d)
Shall be set back at least 10 feet from a side or rear lot line and not permitted in a front yard;
(e)
The storage areas shall not occupy or obstruct the parking space requirements required by code;
(f)
The storage areas and materials shall be no higher than 15 feet high;
(g)
The storage areas shall be at least 15 feet from a principal structure;
(h)
A storage area is not permitted on a lot wherein there is not a principal building or structure;
(i)
The storage area material must be only for the business activities of the tenant or owner of the principal structure on the lot in question;
(j)
The storage of registered or unregistered motor vehicles or trailers on site for more than 14 consecutive days shall be deemed outdoor storage;
(k)
The storage of waste as outdoor storage is not permitted except in accordance with applicable solid waste and health code requirements. All storage areas shall comply with applicable performance standards as contained herein.
(7)
Building-wall-mounted solar panels, subject to extending no further than six inches into the minimum principal building setback requirements. Such installations shall comply with the applicable requirements of § 195-130J(2)(f) through (o).
[Added 3-2-2021 by Ord. No. 21-1]
E.
The applicable area and bulk requirements are presented in the accompanying Schedule of Area and Bulk Requirements set forth at the end of this chapter.
A.
The purpose of the HSO District is to permit hospital and related medical office functions.
B.
C.
Accessory permitted uses allowed in the HSO District include the following:
(6)
Building-wall-mounted solar panels, subject to extending no further than six inches into the minimum principal building setback requirements. Such installations shall comply with the applicable requirements of § 195-130J(2)(f) through (o).
[Added 3-2-2021 by Ord. No. 21-1]
E.
The applicable area and bulk requirements are presented in the accompanying Schedule of Area and Bulk Requirements set forth at the end of this chapter.
A.
The purpose of the O Office District is to provide an area for the concentration of office uses at the perimeter of the CBD. This classification is designed to encourage conversion of existing buildings to office use, as well as to encourage the assemblage of parcels to enable new office development.
C.
Accessory permitted uses allowed in the O District include the following:
E.
The applicable area and bulk requirements are presented in the accompanying Schedule of Area and Bulk Requirements at the end of this chapter.
[Added 9-19-2006 by Ord. No. 06-10; amended 4-22-2008 by Ord. No. 08-10]
A.
The purpose of the H District is to provide a community and regional hospital and/or medical centers and medically oriented educational facilities benefiting the residents and surrounding areas of the Borough of Westwood and to allow for the integration of such facilities with an institution of higher learning, primarily affording medical education leading to a medical degree or medical science graduate degree, research and patient care.
[Amended 3-16-2021 by Ord. No. 21-3]
C.
Accessory permitted uses allowed in the H District include the following:
(6)
Pharmacies structurally incorporated into a principal use and structure.
(7)
Accessory uses and structures customarily incidental to permitted uses.
(8)
Seasonal outdoor farmers' markets or plant sales, subject to permitting regulations.
[Added 4-19-2016 by Ord. No. 16-8]
(10)
Building-wall-mounted solar panels, subject to extending no further than six inches into the minimum principal building setback requirements. Such installations shall comply with the applicable requirements of § 195-130J(2)(f) through (o).
[Added 3-2-2021 by Ord. No. 21-1]
F.
At the issuance of the initial certificate of occupancy for a medical school, the medical school shall be affiliated or associated with a community hospital located on the same site as the medical school. This condition for the issuance of an initial certificate of occupancy for a medical school shall be met if the affiliated community hospital is in the process of obtaining some or all licenses and approvals necessary to operate a community hospital on the site.
G.
Every medical school shall be accredited as a medical school by the Liaison Committee on Medical Education or be actively in the process of securing accreditation.
H.
Community and regional hospitals shall include, as part of their use, acute and long-term care facilities and emergency room care facilities. In addition, all medical schools shall be licensed or approved by the New Jersey Board of Medical Examiners in the Office of the Attorney General, as required by applicable regulation.
[Amended 3-16-2021 by Ord. No. 21-3]
I.
Building height exemptions.
[Amended 3-16-2021 by Ord. No. 21-3]
(1)
The principal building height in the H Hospital Zone may be increased to up to seven stories, subject to complying with the new construction setback requirements as noted in § 195-129D(6) and 195 Attachment 14, Schedule A [Note (7), H Hospital Zone].[1] In addition, the portion of the principal building with stories above five stories shall have an additive setback distance of 15 feet per story above five stories. All additions above five stories shall be subject to the review and approval of a sun/shadow study by the reviewing Board.
[1]
Editor's Note: Schedule A is included as an attachment to this chapter.
(2)
The height limitations otherwise applicable shall not apply to mechanical penthouses, chimneys, ventilators, bulkheads and limited necessary mechanical appurtenances, so long as said features do not exceed the building's roof height by more than 25 feet, cover no more than 20% of the building's roof surface and are both visually and acoustically screened.
J.
More than one principal building and use and more than one accessory building and use are permitted in the H District.
K.
All vehicular access to and from any property in the H District shall be from a County of Bergen roadway.
L.
Multilevel parking garages shall be regulated by the same bulk and setback standards as applied in this zone to principal buildings, except that parking garages shall be permitted up to a height of 50 feet with a minimum setback of 50 feet from front lot lines. Notwithstanding any other provisions of this chapter, multilevel parking garages shall:
[Amended 3-16-2021 by Ord. No. 21-3]
(1)
Be included in calculating the site's impervious coverage;
(2)
Not be factored into the calculation of building coverage or floor area ratio; and
(4)
Multilevel parking garages shall provide architectural design detailing coordinated with the architectural styles of the principal buildings of the hospital facility. Additionally, parking garages shall incorporate the following:
(a)
Architectural treatments, including such features as compatible facade materials, building openings or window arrangements, decorative gratings, artistic panels and green or vegetated wall treatments to disguise or screen the parking inside or the parking structure.
(b)
Parking structure vehicular or pedestrian entrances shall be accentuated by architectural detailing and provide visual identification to safeguard pedestrian movement where appropriate.
[Added 9-18-2012 by Ord. No. 12-16]
A.
The purpose for the CEM District is to provide an area that encompasses the existing Westwood Cemetery area in a zone in recognition of the developed cemetery character of the properties. Within any CEM Zone, no building, structure or area or lot or land shall be used in whole or in part for other than one or more of the permitted uses expressly set forth herein.
B.
Principal permitted uses shall be as follows:
C.
Accessory uses:
(1)
House of worship or office space strictly related to said cemetery use, not to exceed a height of 30 feet.
(2)
Placement of tombstones and monuments on a burial plot not to exceed a height of 15 feet.
(3)
Maintenance building relating to the operation of the cemetery only, not to exceed a height of 20 feet.
D.
Maximum building height.
(1)
The maximum height of a mausoleum in the CEM Zone shall not be greater than 30 feet.
E.
Minimum tract area: 30 acres.
F.
Yard and setback requirements.
(1)
Minimum front yard setback.
(a)
Graves and family mausoleums: minimum 30 feet from any front lot line, five feet from any side or rear property line.
(b)
Mausoleums for multiple families: minimum of 40 feet from a front lot line and 30 feet from a side or rear lot line.
[Amended 12-15-2015 by Ord. No. 15-28]
(c)
Permitted accessory buildings: 150 feet from any front lot line, 10 feet from a side or rear lot line up to 20 feet in height, 30 feet from a side or rear lot line for accessory structures higher than 20 feet.
(d)
Access roads. Access roads may be permitted every 200 feet, with a maximum of two access roads on any one public street. Any intersections of an access road with a public street shall be at least 150 feet from any existing or proposed street intersection.
(e)
Signs. A maximum of one identification sign may be permitted along any one public street. Said signs shall be no larger than 12 square feet in area and shall be at least 10 feet from any street line. The identification sign shall be no higher than eight feet. Directional and safety signs erected on the premises shall each be limited to two square feet in area and shall be erected at least 20 feet from any street line.