Article XI District Regulations

"One-family residence district," as used in this chapter, shall, unless a contrary meaning is indicated, include One-Family Residence Districts R-AAA, R-AA, R-A, R-B, R-C, R-D, R-E and R-F.

[Amended 4-9-2013 by Ord. No. 13-04]

The purpose of this chapter with respect to one-family residence districts is to preserve and protect the integrity of such districts for one-family residential purposes, to establish one-family residence districts that provide for a range of lot sizes, and to permit in such districts only such other uses as will be compatible with one-family residential use.

Permitted uses. Within a one-family residence district, no land or building shall be used, nor shall any building be constructed, altered or designed to be used, for any purposes other than the following:

A one-family dwelling, not to exceed one such dwelling on any one lot.

Accessory uses, accessory buildings and accessory structures, as hereinafter defined and limited.

Municipal purposes.

Parks and playgrounds.

Nature preserve and nature study area.

Public schools and private nonprofit day schools accredited by the New Jersey State Department of Education, for grades not above high school, and day-care centers licensed by the State of New Jersey, as conditional uses, subject to the conditions and limitations set out in Subsection F hereof.

Places of worship, including accessory religious instructional facilities, provided that any premises to be used for such purpose, together with the improvements thereon, shall comply with all applicable provisions of this chapter respecting the district in which the premises are located, together with the following additional requirements:

The minimum required side yards and minimum required rear yard of such premises shall be not less than 25 feet greater than the required minimum set out in Subsection I(1) with respect to premises in the R-AAA, R-AA and R-A Districts, and not less than 15 feet greater than the required minimum set out in Subsection I with respect to premises in the R-B, R-C, R-D and R-E Districts.

The minimum required planting areas of such premises shall be not less than five times greater than the minimum requirements set out in Subsection I(4) (but not more than 25 feet) and shall include evergreen plantings capable of growing to a height of six feet within one year or, if the Planning Board shall so direct, a fence or wall, the design and construction of which shall be approved by the Planning Board.

The buildings on such premises, including accessory buildings, shall not cover more than 20% of the total area of the premises if the primary building is a one-story building, nor more than 15% of the total area of the premises if the primary building exceeds one story in height.

No such premises may be used for residential or sleeping purposes, except that one dwelling unit for a custodian may be provided.

No building on any such premises, including an accessory building, shall be located less than 45 feet from an existing residential building on any adjacent property.

Such use shall require site plan approval.

Permitted uses within the R-F District. No land or building shall be used, nor shall any building be constructed, altered or designed to be used, for any purpose other than the following:

[Added 4-9-2013 by Ord. No. 13-04]

Detached single-family residential dwellings and other uses as permitted in, and regulated for, the R-E Zone.

Accessory uses within a principle building as permitted in, and regulated for, the R-E Zone.

Accessory uses within a principal building. Within a one-family residence district, the following accessory uses shall be permitted within a principal residential structure, subject to the conditions and limitations set therefor, and subject to the obtaining of a certificate of occupancy specifying the particular accessory use and applicable restrictions and limitations:

The professional office or studio of an architect, artist, clergyperson, dentist, engineer, land surveyor, lawyer, musician, physician, planner, psychologist, sculptor, or similar profession.

The professional office or studio shall be operated by a person whose principal residence is within the building in which the studio or office is located.

Not more than three persons, including the resident-operator or resident-operators, shall be employed or engaged in the operation of the office or studio at any one time.

Not more than three clients, patients, customers, students or other persons shall be served at any one time.

The office or studio shall not exceed 1,000 square feet in floor area or 30% of the aggregate floor area of the principal building in which it is located, whichever is smaller.

No advertisement or sign shall be displayed on the exterior of the building or on the premises outside of the building, other than a nameplate not exceeding one square foot in area.

Any such accessory use shall comply with all applicable off-street parking requirements.

A studio for dancing or music instruction, subject to the conditions and limitations set forth in Subsection C(1) above, together with the additional condition and limitation that not more than two music or dancing concerts or recitals shall be conducted during any one calendar year.

Home occupations, such as phone-answering services, typing, sewing, child care, tutoring, and individual music instruction, limousine services, carpenters, plumbers, electricians, and similar tradesmen, customarily conducted within a dwelling by the residents thereof, which is clearly secondary to the use of the dwelling for living purposes and does not change the character thereof, subject to the following conditions and limitations:

No persons shall be employed or engaged in the operation of the home occupation on the premises other than the resident-operator or resident-operators.

No merchandise shall be offered for sale upon the residential premises, nor shall there be any display of goods.

No advertisement or sign shall be displayed on the exterior of the building, in any window, or on the premises outside of the building.

Not more than one student or other person shall be served at any one time.

Not more than one motor vehicle used in connection with said home occupation, such as a limousine, van, pickup truck or other similar vehicle, shall be stored on the premises. Such vehicles shall be stored in a fully enclosed garage, except while actually in use. No such vehicle shall be permitted to be stored on the premises unless said premises has the required number of additional off-street parking spaces so as to comply with all applicable off-street parking requirements.

No exterior storage of any supplies, tools, merchandise, equipment, or other materials used in connection with said home occupation shall be permitted.

Except for the storage of one motor vehicle as specified in Subsection C(3)(e) above, no home occupation shall be conducted other than within the principal building.

The home occupation shall not exceed 1,000 square feet in floor area, nor more than 25% of the aggregate floor area of the principal building in which it is located, whichever is smaller.

Accessory buildings and structures.

Within a one-family residence district, the following accessory buildings and structures incident to the primary use of the main structure on the premises shall be permitted, subject to the conditions and limitations set out in Subsection D(2) hereof:

Garden house, toolhouse, bathhouse, playhouse, greenhouse and similar buildings customarily incident to a one-family residential use.

Swimming pool, wading pool, tennis court.

Garage or carport.

Fences, garden walls and other landscape features, including decorative pools, fountains, statuary terraces, steps, benches and playground equipment.

Except as provided in Subsection E, any such accessory building or structure shall be subject to the following conditions and limitations:

No such building or structure shall contain any permanent cooking facilities, provided that this provision shall not be deemed to prohibit a barbecue pit or building fireplace.

No such accessory structure or building shall contain sleeping facilities.

Swimming pools, tennis courts, basketball courts, and all other paved or concreted play areas, including all supplemental uses such as sidewalks, patios, platforms, fencing, and lighting, shall comply with the following setback requirements and height limitations:

[Added 10-19-1993 by Ord. No. 93-09; amended 4-17-2001 by Ord. No. 01-03]

Front yard: not permitted.

Side yard (in feet):

	R-AAA	35
	R-AA	25
	R-A	20
	R-B	15
	R-C	15
	R-D	15
	R-E	15

Rear yard (in feet):

	R-AAA	50
	R-AA	50
	R-A	50
	R-B	30
	R-C	30
	R-D	30
	R-E	30

Fence height (feet): 10.

Light height (feet): 18.

Illumination on adjacent properties: 0.2 footcandle maximum.

Accessory buildings and structures within the R-F District. As permitted in, and regulated for, the R-E Zone, except as specifically set forth herein.

[Added 4-9-2013 by Ord. No. 13-04]

Swimming pools, courts, and all paved areas such as interior sidewalks, driveways, patios, platforms, fencing, and lighting shall comply with the following setback requirements and height limitations:

Front yard: Not permitted, except for sidewalks extending from the interior driveway to the front door of the dwelling, and vehicular driveways.

Minimum side yard: three feet, provided that where the City approves an interior sidewalk for the purposes of providing pedestrian access from the street to the CBD-3 Zone, the sidewalk shall be permitted to be placed two feet from the side yard line.

Minimum rear yard: 10 feet.

Maximum fence height: six feet.

[5]

Maximum light height: 12 feet.

[6]

Maximum illumination on adjacent lots: 0.2 footcandles maximum.

Accessory secondary buildings used for dwelling purposes.

Within a one-family residence district, an accessory building which was constructed prior to January 1, 1976, may be used for dwelling purposes, provided that:

Such building, on January 1, 1976, contained living quarters, including kitchen and bathroom facilities.

There shall be no more than one dwelling unit in any such accessory building, and no more than one dwelling unit for any one principal building.

Each such dwelling unit shall be provided with at least two on-site parking spaces.

No such dwelling unit and/or accessory building shall be expanded or enlarged.

Such dwelling unit and/or accessory building does not encroach on any yard required for a principal building as set forth in Subsection I.

Conditional uses. The conditional uses described in Subsection B(6) shall be permitted in a one-family residence district only in the locations hereinafter described and subject to the following conditions and limitations:

Such use shall be permitted only on premises which front on any of the following streets: Broad Avenue, Engle Street, Forest Avenue, Grand Avenue, Knickerbocker Road, Lafayette Place, Tenafly Road.

Such use shall be permitted only if the premises and the improvements constructed or to be constructed thereon comply with all applicable provisions of this chapter respecting the district in which such premises are located, together with the following additional limitations, conditions and restrictions, and in the event of any inconsistency between the provisions of this section and any other section of this chapter, the more restrictive shall apply:

The front yard of such premises shall conform to the required front yard setback prescribed by Subsection I for the district within which the premises are located.

The minimum required side yards and minimum required rear yard of such premises shall not be less than 25 feet greater than the required minimum set out in Subsection I, with respect to premises in the R-AAA, R-AA and R-A Districts, and not less than 15 feet greater than the required minimum set out in Subsection I, with respect to premises in the R-B, R-C, R-D and R-E Districts.

The width of such premises shall be not less than 200 feet.

Any premises to be used for a public school or a private nonprofit day school accredited by the New Jersey State Department of Education shall have a total area of not less than two acres.

No such premises may be used for residential or sleeping purposes, except that one dwelling unit for a custodian may be provided.

No building on any such premises, including an accessory building, shall be located less than 90 feet from an existing residential building on any adjacent property.

Such use shall require site plan approval.

Application for approval of the use of premises in a one-family residence district for any conditional use described in Subsection B(6) shall be made to the Planning Board, and the Planning Board, in acting thereon, shall be governed by the conditions, specifications and standards hereinabove set out.

Garages; carports; parking and storage.

In addition to all other provisions of this chapter or any other ordinance dealing with parking or storage of vehicles or boats, the following provisions shall be applicable to one-family residence districts:

Not more than one commercial vehicle may be parked, stored, or left standing on any premises, subject to the following requirements:

Such vehicle shall be parked or left standing within a garage or within a carport which is enclosed or screened on at least three sides; and

No such vehicle shall exceed a three-quarter-ton load-carrying capacity.

No boat or recreational vehicle may be parked, stored or left standing on any premises unless such boat or recreational vehicle:

Is not more than 20 feet in length; and

Is parked, stored or left standing within a garage or within a carport enclosed or screened on at least three sides or in a rear yard where it is screened from adjoining properties and streets by evergreen plantings or a solid fence at least five feet high.

Minimum lot size requirements.

[Amended 4-9-2013 by Ord. No. 13-04]

Within a one-family residence district, no building or structure shall be constructed on any lot with less than the following minimum area, width and depth; provided, however, that if greater dimensions are required for any particular use pursuant to any other provision of this chapter, then such greater requirements shall apply:

District	Minimum Lot Area (square feet)	Minimum Lot Width (feet)	Minimum Lot Depth (feet)
R-AAA	88,000	225	250
R-AA	44,000	175	200
R-A	22,000	120	150
R-B	15,000	100	125
R-C	10,000	90	100
R-D	7,500	75	100
R-E	6,500	65	100

Within the R-F Zone, a principal building shall comply with the following minimum area, yard, bulk and height requirements; provided, however, that if greater dimensions are required for any particular use pursuant to other provisions of this chapter, then such greater requirements shall apply:

Minimum lot area: 6,500 square feet.

Minimum lot width: 80 feet.

Minimum lot depth: 80 feet.

Yard requirements.

[Amended 12-7-1993 by Ord. No. 93-16]

Except where more extensive requirements are set out respecting particular uses, premises in a one-family residence district shall comply with the following requirements respecting minimum front yards (setback), side yards and rear yards:

Minimum Required Yards (feet)
District		Front Yard (setback)	Side Yard	Rear Yard
R-AAA
	Lots having an area of 88,000 square feet or more	50	35	50
	Lots having an area of less than 88,000 square feet	50	25	50
R-AA
	Lots having an area of 44,000 square feet or more	50	25	50
	Lots having an area of less than 44,000 square feet	40	15	50
R-A		40	15	50
R-B		30	15	30
R-C		25	8	30
R-D		25	8	30
R-E		25	7	30

Except as provided in Subsection I(3) hereof with respect to a corner lot, each lot in a one-family residence district shall have two side yards, each of which shall not be less than the minimum width set out in Subsection I(1) hereof, and the combined width of which shall be not less than 30% of the width of the lot.

A planting area, which, except as otherwise permitted by Subsection J(3), shall consist entirely of grass or other living plants, shall be provided within all of the following described areas adjacent to each side lot line and the rear lot line of each lot:

District	Area Adjacent to Each Side Lot Line (feet)	Area Adjacent to Rear Lot Line (feet)
R-AAA	15	15
R-AA	10	10
R-A	6	6
R-B	6	6
R-C	4	4
R-D	3	3
R-E	3	3

R-F District.

Yard requirements within the R-F District are as follows:

[Added 4-9-2013 by Ord. No. 13-04]

Minimum front yard: 20 feet.

Minimum side yard: 10 feet; combined side yards, 40 feet.

Minimum rear yard: 25 feet.

In the case of a corner lot, each yard which abuts a street shall be considered a front yard, and all other yards shall be considered a side yard. In such case, the combined side yard requirement may be reduced by five feet, from 40 feet to 35 feet, provided that a minimum of 10 feet must be maintained for at least one side yard. Additionally, on corner lots a front yard may be reduced by 10 feet.

Regulations concerning yards, planting areas, fences, etc.

Within a required front yard, except for the projections permitted by Subsection J(4) hereof, no accessory building or structure shall be permitted, except for walls or fences not more than 4 1/2 feet high.

Within a required rear yard, the aggregate ground area covered by all enclosed accessory buildings shall not exceed 40% of the required rear yard area or 20% of the ground area covered by the principal building, whichever is less; provided, however, that a garage not exceeding 440 square feet shall be permitted, notwithstanding its exceeding either or both such limitations.

No paved terrace, steps, walk or similar improvement (other than those used for access to the premises or to a building on the premises), and no building or structure, including an accessory building or structure, shall be constructed or located within the planting areas required by Subsection I(4), except for fences or walls not exceeding 6 1/2 feet in height and statuary, ornamental benches and similar ornamental devices.

Notwithstanding any of the foregoing restrictions:

Cornices and cantilevered roofs may project into any required yard in an R-AAA, R-A, R-B and R-C District a distance of not more than 24 inches and into any required yard in an R-D, R-E and R-F District a distance of not more than 12 inches.

[Amended 4-9-2013 by Ord. No. 13-04]

Belt courses, windowsills and similar ornamental features may project into any required yard in a one-family residence district a distance of not more than 12 inches, and chimneys may so project a distance of not more than 18 inches.

Retaining walls or open chain-link fences, not more than eight feet in height, may be erected on any premises used for public park or public or school playground purposes, or on any premises used for cemetery or stadium purposes (provided that such cemetery or stadium use shall be a lawfully permitted nonconforming use), without complying with the foregoing yard or planting area restrictions.

Any fence which is designed or constructed so as to have a front side and a rear side shall be erected so that the front side faces abutting streets or abutting premises and the rear side faces the premises on which the fence is erected, unless the fence is totally screened from the view of abutting streets and properties by shrubbery or similar screening material located on the premises on which the fence is erected.

Except as otherwise permitted by this chapter, no fence or wall in a one-family residence district shall exceed 6 1/2 feet in height.

Regulations concerning yards, planting areas, fences, etc., within the R-F District. A planting area, which, except as otherwise permitted herein, shall consist entirely of grass or other living plants, shall be provided within all of the following described areas adjacent to each side lot line and the rear lot line of each lot; provided, however, that where the municipality approves an interior sidewalk for the purposes of providing pedestrian access from the street to the CBD-3 Zone, a sidewalk shall be permitted to be placed two feet from the side yard line:

[Added 4-9-2013 by Ord. No. 13-04]

Minimum area adjacent to each side line: three feet.

Minimum area adjacent to rear line: 10 feet.

Emergency generators may be placed in the side yard setback, but outside of the required planting strip provided that:

[Added 7-23-2013 by Ord. No. 13-09]

The generator is no larger than 50 kilowatts;

The generator is no closer to the adjoining residential building than to the residential building on the generator site; and

There shall be vegetative screening that is at least one foot higher than the height of the generator (screening for the adjoining property) and capable of growing at least three feet higher than the generator. Plant materials must be at least five feet from the generator.

Height limitations.

Within a one-family residence district, no principal building shall be constructed in excess of the following height limitations:

[Amended 4-9-2013 by Ord. No. 13-04]

	District	Maximum Height (feet)
	R-AAA	35
	R-AA	35
	R-A	35
	R-B	35
	R-C	30
	R-D	30
	R-E	30
	R-F	30

No accessory building shall exceed a height of 12 feet.

Chimneys, flues, towers, bulkheads, spires and similar decorative features on principal buildings or accessory buildings may exceed the aforesaid height limitations if the total area of all such features on any one building does not exceed 20% of the area of the roof of such building.

Receiving and transmitting antennas may exceed the aforesaid height limitations but shall not exceed a height of 45 feet above the ground.

Prohibited uses.

[Amended 4-9-2013 by Ord. No. 13-04]

On any premises in a one-family residence district where there exists, as a nonconforming use, a use which is not a permitted use in a one-family residence district, no arcade game shall be installed, operated or made available for use by customers or the public, except as an accessory use to a tavern, restaurant or bar having a plenary retail consumption license; provided, however, that this prohibition shall not be deemed to prohibit the display of such devices for the purpose of sale.

R-F District.

In addition to the prohibition set forth in this section, there shall be a prohibition of front-loading garages facing a public right-of-way, except on a corner lot.

Maximum accessory building height: 12 feet, provided that the provisions applicable to chimneys, bulkheads, spires, and similar decorative features as regulated shall apply.

Maximum coverage.

[Amended 4-17-2001 by Ord. No. 01-04]

Within a one-family district, the sum of all areas covered by all principal and accessory buildings shall not exceed the following:

	District	Maximum Coverage
	One-Family Residence R-AAA	10%
	One-Family Residence R-AA	15%
	One-Family Residence R-A	18%
	One-Family Residence R-B	20%
	One-Family Residence R-C	20%
	One-Family Residence R-D	27%
	One-Family Residence R-E	27%

Within a one-family district, the sum of all areas covered with impervious materials, such as buildings, structures, asphalt, concrete, and other materials that prevent absorption of stormwater into the ground, shall not exceed the following:

	District	Maximum Coverage
	One-Family Residence R-AAA	25%
	One-Family Residence R-AA	37%
	One-Family Residence R-A	45%
	One-Family Residence R-B	50%
	One-Family Residence R-C	50%
	One-Family Residence R-D	67%
	One-Family Residence R-E	67%

Maximum coverage within the R-F District.

[Added 4-9-2013 by Ord. No. 13-04]

Maximum building coverage: 25%.

Maximum impervious coverage: 50%.

Buffer: Minimum six-foot rear yard buffer where adjacent to a nonresidential zone.

R-E(2) One- and Two-Family Residence Overlay Zoning District.

[Amended 5-19-1998 by Ord. No. 98-12]

In addition to the uses permitted within the R-E One-Family Residence Zoning District, within the R-E(2) One- and Two-Family Residence Overlay Zoning District, permitted uses shall include two-family dwellings, not to exceed one such two-family dwelling on any one lot.

There shall be a minimum required rear yard of 15 feet.

§ 250-60 Multiple Residence (RMA) District.

Except as noted above, the R-E(2) One- and Two-Family Residence Overlay Zoning District shall be governed in accordance with the provisions of Part 4, Zoning, of this chapter governing the R-E One-Family Residence Zoning District.

Steep sloped areas. Within a one-family residential district, no building or structure shall be constructed within any steep sloped area, as that term is defined and regulated in Articles VI and X herein.

[Added 4-17-2001 by Ord. No. 01-02]

[Amended 5-7-2002 by Ord. No. 02-06]

Purpose. The purpose of this chapter with respect to the Multiple Residence (RMA) District is to provide for medium-density residential housing which is limited in height, density, and floor area ratio, compatible with the suburban character of the City of Englewood, with adequate open space provisions, and to permit uses which are also permitted in one-family residential districts, as well as limited office uses, all subject to specific conditions and limitations as set out in this chapter.

Permitted uses. Within the Multiple Residence (RMA) District, no land or building shall be used, nor shall any building be constructed, altered, or designed to be used, for any purpose other than the following:

A one-family dwelling, subject to all of the conditions and limitations set out in § 250-59 of this chapter pertaining to such one-family dwelling, as well as all of the applicable provisions of this § 250-60, provided that, in the event of a conflict or inconsistency between the provisions of the said two sections, the more restrictive provisions shall apply.

Multifamily dwellings and townhouses as hereinafter defined and limited.

Accessory uses and accessory buildings and structures as hereinafter defined and limited.

Municipal purposes.

Parks and playgrounds.

Nature preserve and nature study area.

Places of worship, including accessory religious instructional facilities as conditional uses subject to the requirements of Subsection E hereof.

Offices or studios within a building primarily for multifamily dwelling purposes, limited to professional offices or studios of architects, artists, clergypersons, dentists, engineers, land surveyors, lawyers, musicians, physicians, planners, psychologists, sculptors, tutors, or similar professions, and studios for dancing or music instruction, subject to the following restrictions and limitations:

Such office or studio shall be located on the street floor of the premises, with direct access from the exterior rather than through a public hall.

No more than one such office or studio (other than a professional office or studio located within a dwelling unit and constituting a permitted accessory use thereto as permitted and limited by Subsection C) shall be permitted for each 25 dwelling units.

No such office or studio shall exceed 1,200 square feet in floor area.

No person shall conduct, nor utilize any premises for the purpose of conducting, a sexually oriented business, as that term is defined herein.

Accessory uses within a principal building.

Within the Multiple Residence (RMA) District, the following accessory uses shall be permitted within a principal multifamily dwelling building:

Laundry rooms, recreational rooms and other similar accessory uses which are for the common benefit of all residents of the multifamily dwelling.

Within the Multiple Residence (RMA) District, the following accessory uses shall be permitted within a dwelling unit in a multifamily dwelling, subject to the conditions and limitations set out in Subsection C(3) hereof:

The professional office or studio of an architect, artist, clergyperson, dentist, engineer, land surveyor, lawyer, musician, physician, planner, psychologist, sculptor, tutor, or similar profession.

A studio for dancing or music instruction.

The accessory uses permitted by Subsection C(2) hereof shall be subject to the following conditions and limitations:

The professional office or studio shall be operated by a person whose principal residence is within the dwelling unit in which the studio or office is located.

Not more than three persons, including the resident-operator or resident-operators, shall be employed or engaged in the operation of the office or studio at any one time.

Not more than three clients, patients, customers, students or other persons shall be served at any one time.

The office or studio shall not exceed 400 square feet in floor area or 20% of the aggregate floor area of the dwelling in which it is located, whichever is smaller.

Not more than two music or dancing concerts or recitals shall be conducted during any one calendar year.

No advertisement or sign shall be displayed on the exterior of the building or on the premises outside of the building, other than a nameplate not exceeding one square foot in area.

Any such accessory use shall comply with all applicable off-street parking requirements for such a use.

Permitted accessory structures and buildings.

Within the Multiple Residence (RMA) District, the following accessory buildings and structures incident to the primary use of the main structure on the premises shall be permitted, subject to the conditions and limitations hereinafter set forth:

Garden house, toolhouse, bathhouse, playhouse, greenhouse, and similar buildings customarily incidental to residential use.

Swimming pool, wading pool, tennis court.

Garage or carport.

Fences, garden walls and other landscape features, including decorative pools, fountains, statuary, terraces, steps, benches and playground equipment.

Any such accessory building or structure shall be subject to the following conditions and limitations:

No such building or structure shall contain any permanent cooking facilities, provided that this provision shall not be deemed to prohibit a barbecue pit or picnic fireplace.

No such accessory structure or building shall contain sleeping facilities.

Conditional uses. The conditional uses described in Subsection B(7) shall be permitted in the Multiple Residence (RMA) District only in the locations hereinafter described, and subject to the following conditions and limitations:

Such use shall be permitted only on premises which front on any of the following streets: Broad Avenue, Engle Street, Forest Avenue, Grand Avenue, Knickerbocker Road, Lafayette Place, Tenafly Road.

Such use shall be permitted only if the premises and the improvements constructed or to be constructed thereon comply with all applicable provisions of this chapter respecting the Multiple Residence (RMA) District, together with the following additional limitations, conditions, and restrictions, and in the event of any inconsistency between the provisions of this section and any other section of this chapter, the more restrictive shall apply:

The front yard of such premises shall conform to the required front yard setback prescribed in this chapter for the Multiple Residence (RMA) District.

The minimum required side yard and minimum rear yard of such premises shall be not less than 25 feet greater than the required minimum set out in this § 250-60 respecting the Multiple Residence (RMA) District.[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

The buildings, including accessory buildings, on such premises shall not cover more than 20% of the total area of the premises if the primary building is a one-story building, nor more than 15% of the total area of the premises if the primary building exceeds one story in height.

The width of such premises shall be not less than 200 feet.

Any premises to be used for a public school or a private nonprofit day school accredited by the New Jersey State Department of Education shall have a total area of not less than two acres.

No such premises may be used for residential or sleeping purposes, except that one dwelling unit for a custodian may be provided.

No building on any such premises, including an accessory building, shall be located:

Less than 90 feet from an existing residential building on any adjacent property.

Less than 90 feet from an existing residential building on any adjacent property with respect to public or private nonprofit accredited day schools.

Less than 45 feet from an existing residential building on any adjacent property with respect to places of worship.

Such use shall require site plan approval.

Application for approval of the use of premises in a Multiple Residence (RMA) District for any conditional use described in Subsection B shall be made to the Planning Board, and the Planning Board, in acting thereon, shall be governed by the conditions, specifications, and standards hereinabove set out.

Minimum lot size requirements.

Within the Multiple Residence (RMA) District, no one-family house shall be constructed on any lot with less than the minimum area, width and depth prescribed in § 250-59H of this chapter with respect to the one-family residence district nearest to the premises, and in the event that more than one one-family residence district is equally distant from the premises, then the requirements of the more restrictive district shall apply.

Within the Multiple Residence (RMA) District, no two-family house shall be constructed on any lot containing less than 7,500 square feet in area or having a street frontage of less than 75 feet.

Within the Multiple Residence (RMA) District, no three-family or four-family house shall be constructed on any lot containing less than 15,000 square feet in area or having a street frontage of less than 100 feet.

Within the Multiple Residence (RMA) District, no building or structure, other than a one-family, two-family, three-family or four-family house, shall be constructed on any lot containing less than 40,000 square feet in area or having a street frontage of less than 150 feet.

Dwelling unit density and floor area ratio.

[Amended 5-16-2006 by Ord. No. 06-07]

Townhouse development shall be limited to one dwelling unit for each 7,260 square feet of lot area (6 units per acre).

All other multifamily residences shall be limited to one dwelling unit for each 3,630 square feet of lot area (12 units per acre) and a maximum floor area ratio of 33%.

Lot coverage.

For townhouse development, the sum of the area of all principal and accessory buildings shall not exceed 27%.

For all other multifamily residences, the sum of the area of all principal and accessory buildings shall not exceed 22% of the area of the lot.

Yard requirements.

Except where more extensive requirements are set out respecting particular uses, premises in a Multiple Residence (RMA) District shall comply with the following requirements respecting minimum front yards (setback), side yards, and rear yards:

	Minimum Required Yard (feet)
	Front Yard (setback)	Side Yard	Rear Yard
	30	35	40

Decks and patios may encroach into side yards up to a maximum of eight feet.

A planting area, which, except as otherwise permitted by Subsection J, shall consist entirely of grass or other living plants, shall be provided within all of the following described areas adjacent to each side lot line and the rear lot line of each lot:

When adjacent to property used or zoned for residential purposes: 15 feet.

When adjacent to property used for nonresidence purposes: eight feet.

Impervious surface coverage. The maximum impervious surface coverage for both townhouse and other multiple-family uses shall be 67% of the lot area.

Usable open space.

Any premises used for multifamily dwelling purposes shall contain usable open space in an amount equal to 400 square feet times the number of dwelling units on the premises.

Except as provided below with respect to townhouse development, required usable open space shall not be divided into portions consisting of less than 4,000 square feet each, nor shall any usable open space have a depth or width of less than 40 feet.

With respect to townhouse development, required usable open space may be assigned to individual contiguous dwelling units as private yard areas of not less than 400 square feet each.

Required usable open space shall be easily accessible to the occupants of all of the dwelling units on the premises, except that, with respect to townhouse development, open space which is allocated to individual dwelling units, as hereinabove provided, shall be easily accessible to the occupants of the units to which such space is allocated.

No portion of any required front yard or any required planting area shall be used for required usable open space.

No portion of any required usable open space shall be used for driveways or parking spaces.

No structure of any kind shall be permitted within any required usable open space, except for swimming pools and other outdoor sport structures, provided that not more than 25% of any structure shall be covered by a roof.

Required usable open space shall be subject to site plan review as to design and layout, shall be attractively landscaped and shall not exceed a grade of 5% and shall be of a design to accommodate the needs of the occupants or contemplated occupants of the dwelling units it is designed to serve.

Roof space on accessory buildings or structures, including roof space on parking facilities, may be used as required usable open space, provided that:

Such space shall be accessible to occupants of the dwelling units it is designed to serve, by pedestrian means of access other than stairs.

Such space shall, on at least one side, be at the same grade as the land abutting it.

Such space shall, on all sides, be not more than 12 feet above the grade of the land abutting it.

Such space shall contain railings, fencing or similar treatment to make it safe and suitable for recreational use.

Regulations concerning yards, planting areas, fences, etc.

Within a required front yard, except for the projections permitted by Subsection M(3) hereof, no accessory building or structure shall be permitted, except for walls or fences not more than 4 1/2 feet high.

No paved terrace, steps, walk or similar improvement (other than those used for access to the premises or to a building on the premises) shall be constructed or located within the required planting areas required by Subsection J, except for fences or walls not exceeding 6 1/2 feet in height, and statuary, ornamental benches and similar ornamental devices.

Notwithstanding any of the foregoing restrictions:

Cornices and cantilevered roofs may project into any required yard a distance of not more than 24 inches.

Belt courses, windowsills and similar ornamental features may project into any required yard a distance of not more than 12 inches, and chimneys may so project a distance of not more than 18 inches.

A required open fire escape or fireproof stairway may project into any required yard a distance of not more than eight feet.

Chain-link material used for any fence within a multiple-residence district shall be of dark-colored material, and the posts and other framework forming part of such fence shall be the same color as the chain-link material.

Accessory buildings and structures may be erected in side or rear yards, provided that they do not encroach on any required planting area.

Except as otherwise permitted by this chapter, no fence or wall in a multiple-residence district shall exceed 6 1/2 feet in height.

Height limitations.

[Amended 5-16-2006 by Ord. No. 06-07]

No principal building shall be erected to a height in excess of 35 feet, as measured from the average grade to the highest point of the roof, provided that no principal building shall exceed three stories, inclusive of at-grade parking.

No accessory building shall exceed a height of 12 feet.

Chimneys, flues, towers, bulkheads, spires, and similar decorative features may exceed the aforesaid height limitations if the total area of all such features on any one building does not exceed 20% of the area of the roof of such building.

Receiving and transmitting antennas may exceed the aforesaid height limitations but shall not exceed a height of 45 feet above the ground.

Length of buildings.

No building used or to be used as a multifamily dwelling shall exceed 160 feet in length.

No building used or to be used as a multifamily dwelling 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 six feet after every two dwelling units.

Distances between buildings; windows.

No buildings on any single lot shall be located closer to each other than the following distances:

Between two accessory buildings: 10 feet.

Between a principal building, other than a one-family dwelling, and a one-story accessory building: 20 feet.

Between any two other buildings: 25 feet.

§ 250-61 Multiple Residence (RMB) District.

No window, other than a bathroom or kitchen window, shall be located within 25 feet of any other window on any other building or on the same building if one such window shall be visible from the other, unless the planes of the walls in which such windows are located intersect (or would intersect if extended) at an angle of 90° or more.

Prohibited uses. On any premises in a multiple-residence district where there exists, as a nonconforming use, a use which is not a permitted use in a multiple-residence district, no arcade game shall be installed, operated or made available for use by customers or the public, except as an accessory use to a tavern, restaurant or bar having a plenary retail consumption license; provided, however, that this prohibition shall not be deemed to prohibit the display of such devices for the purpose of sale.

Purpose. The purpose of this chapter with respect to the Multiple Residence (RMB) District is to permit the same uses permitted in a Multiple Residence (RMA) District, subject to the same conditions and limitations as are applicable to the Multiple Residence (RMA) District, and also to permit general and professional office building use, with limitations and safeguards designed to insure that such office use will, to the extent practicable, be compatible with existing uses in and adjacent to the Multiple Residence (RMB) District.

Permitted uses. Within the Multiple Residence (RMB) District, no land or building shall be used, nor shall any building be constructed, altered or designed to be used, for any purpose other than the following:

Any use permitted in the Multiple Residence (RMA) District, subject to all of the terms, conditions and limitations set out in § 250-60 of this chapter respecting such use within an RMA District and, with respect to any such use permitted in an RMA District, and thus permitted in this chapter, including § 250-60A through M, inclusive, which shall be deemed incorporated herein and shall be applicable to the Multiple Residence (RMB) District with the same effect as if set out in full herein.

In addition to the permitted uses described in Subsection B(1) above, professional and general office buildings shall be permitted within the Multiple Residence (RMB) District in accordance with the following regulations:

Unless the municipal agency determines that it is impracticable to do so, the architectural character and scale of existing one-family residential structures within 200 feet shall be reflected in proposed new construction, and alterations, repairs and additions to an existing structure originally constructed for residential use shall be consistent with the existing architectural style and scale of such structure.

Existing grades, foliage and vegetation, particularly where they serve as natural buffers between the lot on which the proposed use is to be located and adjacent one-family residence districts and uses, shall be preserved unless the municipal agency determines that it is not practicable to do so.

No building shall exceed a height of 35 feet.

No building shall be constructed on a lot having an area of less than 20,000 square feet or having a street frontage of less than 140 feet.

Yard requirements:

Front yard (setback): 30 feet.

Rear yard: 35 feet.

Side yards: a minimum of 12 feet with respect to each side yard and a minimum of 30% of lot width with respect to the total of both yards.

In the case of a corner lot, each yard which abuts a street shall be considered a front yard and shall comply with all front yard requirements and limitations set forth herein.

A planted buffer strip shall be provided around the entire perimeter of the property as follows:

Side and rear yards: five feet, except the planted buffer strip shall be increased to eight feet in width when the yard abuts a one-family residential district. The buffer strip shall consist of living plant materials and the municipal agency may require evergreen plantings capable of reaching a height of eight feet within one year. The municipal agency may further require a fence not to exceed 6 1/2 feet in height.

A front yard shall be planted in its entirety, except for driveways and pedestrian walkways. Any fence within a front yard shall not exceed 4 1/2 feet in height.

Chain-link material used for any fence within a multiple-residence district shall be of dark-colored material, and the post and other framework forming part of such fence shall be the same color as the chain-link material.

Any fence which is designed or constructed so as to have a front side and a rear side shall be erected so that the front side faces abutting streets or abutting premises on which the fence is erected.

No building shall exceed 160 feet in length; provided, however, that the exterior wall of any building shall include a setback or break with a depth of not less than six feet for every 50 feet of building length. In addition, no building shall contain more than 20,000 square feet of aggregate floor space.

(k)

The total ground area covered by all principal and accessory buildings on any lot shall not exceed 20% of the total area of such lot.

(l)

All access driveways to parking and service areas shall be to and from public streets having a pavement width of not less than 30 feet, suitably improved in accordance with current street specifications, or with such improvements guaranteed by a suitable performance guaranty approved by the municipal agency.

(m)

No driveway shall be used to direct outbound traffic into a single-family residence zone, and driveways and parking areas shall be so located as to discourage use of public streets in single-family residence districts by traffic generated by the proposed office use.

(n)

Parking beneath any building is to be screened so that any parked vehicles shall not be visible from any abutting street; provided, however, that:

No parking shall be permitted beneath any building located on any lot within this district with frontage on the east side of Grand Avenue or Engle Street, except in a fully enclosed garage, nor shall any such building contain an exempt story, as defined in § 250-98 hereof; and

No parking shall be permitted beneath any building located on any lot within this district with frontage on the west side of Grand Avenue or Engle Street, unless the ceiling level of such parking shall be no higher than grade level as measured along the front building line and unless such parking is screened or enclosed in such a manner as not to be visible from either Grand Avenue or Engle Street.

(o)

The lot for an office use shall have frontage on Grand Avenue or Engle Street.

(p)

No person shall conduct, nor utilize any premises for the purpose of conducting, a sexually oriented business, as that term is defined herein.

[Added 5-27-1992 by Ord. No. 92-13]

Prohibited uses. With the Multiple Residence (RMB) District:

§ 250-62 Multiple Residence (RMH) District.

No facility established for the primary purpose of treatment, maintenance, counseling, rehabilitation or housing of persons addicted to narcotics, drugs or alcohol or having narcotic-, drug- or alcohol-related problems, including without limitation any methadone maintenance center, narcotic, drug, or alcohol treatment center, facility or clinic, or any narcotic, drug or alcohol halfway house, shall be permitted; provided, however, that nothing contained herein shall be deemed to prohibit the occasional use of premises by a nonprofit organization for the holding of meetings or counseling sessions related to narcotic, drug or alcohol problems, if such use is not the exclusive or primary use of such premises, nor shall anything contained herein be deemed to prohibit the treatment by a licensed physician, as an incidental part of his or her practice of medicine, of a patient with a narcotic-, drug- or alcohol-related problem or illness.

Purpose. The purpose of this chapter with respect to the Multiple Residence (RMH) District is to provide for subsidized nonprofit housing for families and senior citizens, all subject to specific conditions and limitations as set out in this chapter.

Permitted uses. Within the Multiple Residence (RMH) District, no land or building shall be used, nor shall any building be constructed, altered or designed to be used, for any purpose other than the following:

Multifamily dwellings, each containing more than three dwelling units, for the purpose of providing subsidized rental housing with financial aid from the United States Department of Housing and Urban Development and administered by a duly constituted local housing authority or a nonprofit or limited-distribution corporation constituted under state statutes and approved by the United States Department of Housing and Urban Development.

Accessory uses and accessory buildings and structures as hereinafter defined and limited.

Municipal purposes.

Parks and playgrounds.

Accessory uses within a principal building.

Within the Multiple Residence (RMH) District, the following accessory uses shall be permitted within a principal multifamily dwelling building:

Laundry rooms, community rooms, recreational rooms and other similar accessory uses which are for the common benefit of all residents of the multifamily dwelling.

Within the Multiple Residence (RMH) District, the following accessory uses shall be permitted within a dwelling unit in a multifamily dwelling, subject to the conditions and limitations set out in Subsection C(3) hereof:

The professional office or studio of an architect, artist, clergyperson, dentist, engineer, land surveyor, lawyer, musician, physician, planner, psychologist, sculptor, tutor or similar profession.

A studio for dancing or music instruction.

The accessory uses permitted by Subsection C(2) hereof shall be subject to the following conditions and limitations:

The professional office or studio shall be operated by a person whose principal residence is within the dwelling unit in which the studio or office is located.

Not more than one person (other than the resident-operator) shall be employed or engaged in the office or studio at any one time.

Not more than two clients, patients, customers, students or other persons shall be served at any one time.

The office or studio shall not exceed 400 square feet in floor area or 20% of the aggregate floor area of the dwelling in which it is located, whichever is smaller.

Not more than two music or dancing concerts or recitals shall be conducted during any one calendar year.

No advertisement or sign shall be displayed on the exterior of the building or on the premises outside of the building, other than a nameplate not exceeding one square foot in area.

Any such accessory use shall comply with all applicable off-street parking requirements for such a use.

Permitted accessory structures and buildings.

Within the Multiple Residence (RMH) District, the following accessory buildings and structures incident to the primary use of the main structure on the premises shall be permitted, subject to the conditions and limitations hereinafter set forth:

Garden house, toolhouse, bathhouse, playhouse, greenhouse, and similar buildings customarily incidental to residential use.

Swimming pool, wading pool, tennis court.

Garage or carport.

Fences, garden walls and other landscape features, including decorative pools, fountains, statuary, terraces, steps, benches and playground equipment.

Community building, recreational building for the use of those residing on the premises.

Any such accessory building or structure shall be subject to the following conditions and limitations:

No such building or structure shall contain any permanent cooking facilities, provided that this provision shall not be deemed to prohibit a barbecue pit or picnic fireplace.

Family dwelling units and senior citizen dwelling units.

SENIOR CITIZEN DWELLING UNITS

As used in this § 250-62, the following terms shall have the following meanings:

FAMILY DWELLING UNITS

Buildings designed and intended to be occupied by families consisting of either two persons, both of whom are under 62 years of age, or consisting of three or more persons.

Buildings designed and intended to be occupied by families consisting of not more than two persons, at least one of whom is 62 years of age or older.

Family dwelling units shall conform with the following requirements:

No single building used for family dwelling units shall contain more than 16 separate dwelling units.

Each such dwelling unit shall have at least one exit door opening directly to the exterior or to a porch, balcony, or similar facility which is open to the exterior and, when above the first floor, is accessible by means of an exterior stairway.

All family dwelling units shall contain separate bedroom facilities, and at least 2/3 of such units on any one lot shall contain more than one bedroom in each dwelling unit and at least 7 1/2% thereof shall contain either three or four bedrooms.

No such dwelling unit shall be more than two rooms deep, from front to rear.

Senior citizen dwelling units shall conform with the following:

Any building containing senior citizen dwelling units which exceeds one story in height shall be equipped with at least one elevator for each 100 dwelling units or faction thereof.

All such dwelling units shall either be efficiency apartments, with no separate bedroom, or shall contain not more than one bedroom.

Community space, being space available for use by all occupants of a building or group of buildings, shall be provided, with an area equal to not less than 20 square feet per dwelling unit.

Hallways, stairwells, and elevator lobbies shall be lighted by windows having an area equivalent to 8 1/2% of the floor area of such hallways and 10% of the horizontal area of such stairwells and elevator lobbies. No point in any hallway shall be more than 40 feet from a window.

Minimum lot size requirements. Within the Multiple Residence (RMH) District, no building or structure shall be constructed on any lot containing less than 30,000 square feet in area or having a width or depth of less than 100 feet.

Lot coverage. The sum of the area of all principal and accessory buildings shall not exceed 30% of the area of the lot, and each lot shall contain not less than the following amount of space per dwelling unit, which shall not be covered by any building, but which may include driveways, parking areas, walkways, and play areas:

Use		Required Space Per Dwelling Unit (square feet)
Family units		1,750
Senior citizen units
	1- or 2-story building	1,750
	3-story building	1,425
	4-story building	1,100
	5-story building	775
	6-story building	450

Yard requirements.

Premises in a Multiple Residence (RMH) District shall comply with the following requirements respecting minimum front yards (setback), side yards, and rear yards:

	Minimum Required Yards (in feet)
Building Type	Front Yard (setback)	Side Yard	Rear Yard
Buildings not more than 2 stories in height	30	15	20
Buildings more than 2 stories in height	60	30	30

In the case of a corner lot, each yard which abuts a street shall be considered a front yard, and the lot shall comply with front yard setback requirements and all other front yard requirements and limitations set out in this chapter respecting each of such streets, except that with respect to a building with a height of more than two stories, one such yard need not be in excess of 30 feet.

Regulations concerning yards.

Within a required front yard, except for the projections permitted by Subsection I(4) hereof, no accessory building or structure shall be permitted, except for walls or fences not more than 4 1/2 feet high.

No fence or wall over five feet high, nor any other accessory building or structure of any kind, including paved terraces, steps, walks, or similar improvements (other than those used for access to the premises or to a building on the premises), shall be constructed or located within three feet of any lot line.

Accessory buildings shall not cover more than 40% of the area of any required rear yard, provided that no accessory building other than garages shall be located nearer than 10 feet to any rear lot line.

Notwithstanding any of the foregoing restrictions:

Cornices and cantilevered roofs may project into any required yard a distance of not more than 24 inches.

Belt courses, windowsills and similar ornamental features may project into any required yard a distance of not more than 12 inches, and chimneys may so project a distance of not more than 18 inches.

A required open fire escape or fireproof stairway may project into any required yard a distance of not more than eight feet.

Chain-link material used for any fence shall be coated with colored vinyl, and the posts and other framework forming part of such fence shall be similarly coated or painted the same color as the chain-link material.

Usable open space. Usable open space in an amount equal to 100 square feet per dwelling unit for senior citizen dwelling units and 400 square feet per dwelling unit for family dwelling units shall be provided in the manner required and described in § 250-60L of this chapter.[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Height limitations.

No principal building containing family dwelling units shall be erected to a height in excess of 35 feet or two stories.

No principal building containing senior citizen dwelling units shall exceed a height of 65 feet or six stories.

No accessory building shall exceed a height of 16 feet.

Chimneys, flues, towers, bulkheads, spires and similar decorative features may exceed the aforesaid height limitations, if the total area of all such features on any one building does not exceed 20% of the area of the roof of such building.

Length of buildings.

No one-story, two-story, or three-story building shall exceed 160 feet in length, nor shall any exterior wall on any such building exceed a length of 50 feet, unless there is a variation in the surface plane of such wall at least once every 50 feet, with such variation consisting of either a recess or protrusion of the surface plane for a minimum depth of four feet.

No building which is four stories high or higher shall exceed 350 feet in length, nor shall any wing of any such building exceed 300 feet in length, nor shall any exterior wall on any such building exceed a length of 150 feet, unless there is a variation in the surface plane of such wall at least once every 150 feet, with each such variation consisting of either a recess or protrusion of the surface plane for a minimum depth equal to 1/8 of the length of the longest abutting wall.

Distances between buildings; windows.

No buildings on any single lot shall be located closer to each other than the following distances:

Between two accessory buildings: 10 feet.

Between a principal building and an accessory building: 20 feet.

Between two principal buildings, neither of which exceeds two stories in height: 35 feet.

Between two principal buildings, one or both of which exceeds two stories in height: 35 feet, or a distance equal to the average height of such buildings at the point where they are closest to one another.

No window, other than a bathroom or kitchen window, shall be located within 40 feet of any other window on any other building or on the same building if one such window shall be visible from the other, unless the planes of the walls in which such windows are located intersect (or would intersect, if extended) at an angle of 90° or more.

§ 250-63 Downtown Districts.

[Added 11-12-2014 by Ord. No. 14-35[1]]

Purpose. The purpose of this section is to promote a vibrant, energetic eighteen-hour downtown and attract investment that accommodates new businesses and business growth, adds jobs, increases services, enhances arts and cultural offerings, allows for mixed uses and additional residential opportunities, and generates more pedestrian activity throughout downtown during the day and into the evening. The standards in this section are intended to ensure that future projects are sited and designed in ways that maintain or complement the traditional form and scale of downtown's buildings and blocks. Furthermore, this section intends to foster safe, lively, pedestrian-friendly streets.

Downtown Districts. The following districts are hereby created:

Downtown (D-1) District. This district is the focal point of city life and commerce. It serves a variety of types of users, including businesses, customers, employees, residents, and visitors and people using various modes of transportation. It serves the core retail function of downtown and the areas of most intense pedestrian activity. These regulations intend to support this district's role as the central retail and civic hub of the City, and to enhance the level of economic, cultural, and social activity by permitting mixed uses; residential and office space in upper floors; and arts, entertainment, recreational, and cultural uses. The standards contained in this district permit the greatest intensity of development/redevelopment among the Downtown Districts, yet they aim to ensure that it complements the traditional form and scale of downtown's buildings and blocks and promotes active ground floors that support pedestrian activity and safety during the day and into the night. Ground floors in the D-1 Districts must contain retail or commercial uses.

Downtown (D-2) District. The D-2 District is intended to promote high-quality development and redevelopment that serves as a transition into downtown. The land uses permitted in this district are intended to increase the presence of people and pedestrian activity, stimulate business growth and development, and support downtown through functional and economic relationships to activity in the D-1 Districts and in the greater Engle/Grand corridor. As much of this district is located at the edges of downtown and in proximity to residential districts, bulk and setback requirements would result in a less intense, more open environment than in the D-1 Districts.

Downtown (D-3) District. The intent of this district is to provide for the planned commercial development of an area as a single entity, according to a plan containing mixed retail and commercial office uses in such ratios, and subject to such specific conditions and limitations as set forth herein, so as to promote a desirable visual environment through good civil design and arrangement, relate the mixed development to the particular site, accommodate the movement of pedestrian and vehicular traffic safely and conveniently, promote economic growth and employment within business districts, foster the proper utilization of existing resources, eliminate blighting conditions and otherwise guide the development of land in a manner which will promote the public health, safety, morals and general welfare.

Permitted uses. Permitted uses by Downtown District are summarized in the table below. In the table, the letter "Y" stands for permitted use, "YC" stands for conditional use, and "N" stands for prohibited use. The letter "Y" with an asterisk, or "Y," indicates a use permitted only on upper floors of a multistory building. Conditions for conditional uses are listed in Subsection D. All other uses not expressly permitted in this section are prohibited.

Land Use Categories and Land Uses		D-3**	D-2a	D-2b	D-2c	D-2d	D-2e	D-1a	D-1b
Retail Trade
Retail stores, with the exception of:
	- Establishments open between the hours of 12:00 a.m. and 6:00 a.m. - Pawn shops - Sexually oriented retail - Medical equipment sales	Y	Y	Y	Y	Y	N	Y	Y
Banks		Y	YC	YC	YC	YC	YC	YC	YC
Shopping center		Y	N	N	N	N	N	N	N
Automobile sales		N	N	N	YC	N	YC	N	N
Eating and Drinking Establishments
Restaurants (limited service restaurants)		Y	YC	YC	YC	YC	YC	YC	YC
Restaurants (full service)		Y	N	N	N	YC	N	YC	YC
Arts, Entertainment and Recreation
Professional and artist studios, with the exception of:
	- Body art, or tattoo, and body piercing studios	Y	Y	Y	Y	Y	Y	Y	Y
Art galleries		Y	Y	Y	Y	Y	Y	Y	Y
Performance facility		Y	Y	N	N	Y	N	Y	Y
Theaters		Y	N	N	N	N	N	Y	Y
Health clubs and instructional studios		Y	Y	Y	Y	Y	Y	Y	Y
Personal and Consumer Services
Personal services, with the exception of: - Fortune-telling and palm-reading establishments - Massage parlors with unlicensed personnel - Sexually oriented businesses - Tattoo and body piercing parlors		Y	Y	Y	Y	Y	Y	Y	Y
Pet grooming and training		Y	Y	Y	Y	Y	Y	N	N
Child care		Y	Y	Y	Y	Y	Y	Y*	Y*
Laundry and dry cleaning		Y	Y	Y	Y	Y	Y	Y	Y
Printing and reproduction		Y	N	Y	Y	Y	Y	Y	Y
Repair of consumer products		Y	N	Y	Y	Y	Y	Y	Y
Offices (nonmedical)
Professional offices		N	Y	Y	Y	Y	Y	Y	Y*
Business offices		N	Y	Y	Y	Y	Y	Y	Y*
Medical and Health Care
Medical offices		N	Y	Y	Y	Y*	Y	Y*	Y*
Medical and dental laboratories and diagnostic services		N	N	Y	Y	N	Y	N	Y*
Medical equipment sales		N	N	Y	Y	N	Y	N	N
Medical group practice		N	N	Y	Y	N	N	N	N
Lodging
Hotel		N	N	N	Y	Y	Y	Y	Y
Education
School (preschool)		N	Y	Y	Y	Y	N	N	N
Test preparation and learning centers		Y	N	Y	N	N	Y	N	N
Residential
Apartments and condominiums		N	Y	Y	Y*	Y	N	Y*	Y*
Townhouses (attached)		N	Y	Y	N	N	N	N	N
Public Facilities
Recreational facilities		N	Y	N	N	N	N	N	N
Government and community services		N	Y	Y	Y	Y	Y	Y*	Y*
Government offices		Y	Y	Y	Y	Y	Y	Y	Y
Parking Facilities
Public parking facility		Y	Y	Y	Y	Y	Y	Y	Y
Accessory Uses
Drive-through/drive-up facilities		Y	YC	YC	YC	N	N	N	N
**Permitted uses for D-3 are provided for the purpose of comparing the various Downtown Districts. See § 250-64 for specific uses permitted and prohibited in D-3.

Conditional uses in the Downtown D-1 and D-2 Districts. For areas within the Downtown D-1 and D-2 Districts, the Planning Board shall not approve any application for any of the following conditional uses unless the following enumerated specific conditions have been met:

Restaurants.

Restaurants where food is prepared for retail sale on the premises are permitted conditionally upon obtaining site plan approval from the municipal agency. Approval may be subject to the execution of a maintenance agreement to include obligations on the part of the owner or operator of the premises to maintain the premises and the surrounding area free of litter and to minimize loitering on or about the premises.

Drive-through/drive-up facilities are not permitted.

Banks.

D-1 Districts. Drive-through/drive-up facilities are not permitted.

D-2 Districts. Drive-through/drive-up facilities are permitted only in the D-2b District, provided that such facilities and associated lanes do not encroach on the public right-of-way or internal site circulation roadways. Drive-through/drive-up facilities will require site plan approval.

Automobile sales.

Automobile sales will require site plan approval.

Automobile sales establishments shall consist of an enclosed showroom. Outdoor display and storage of vehicles shall not occupy more than 30% of the land area of the property.

Automobile service and repair is permitted as an accessory use.

Dimensional standards. As related to dimensional standards, the D-1 and D-2 Downtown Districts have the subdistricts "a," "b," "c" and "d" charted below.

Dimension	D-3**	D-2a	D-2b	D-2c	D-2d	D-2e	D-1a	D-1b
Lot Dimensions
Minimum lot area (square feet)	10,000	10,000	10,000	10,000	10,000	10,000	2,000	2,000
Minimum lot area (if building height > 45 feet	n/a	n/a	n/a	n/a	n/a	n/a	n/a	25,000 square feet
Minimum lot width (feet)	100	100	100	100	100	100	20	20
Minimum lot width (if building height > 45 feet)	n/a	n/a	n/a	n/a	n/a	n/a	n/a	150 feet
Minimum lot depth (feet)	100	100	100	100	100	100	100	100
Building Height and Number of Stories
Maximum building height (feet)	45	45	45	45	45	45	45	60
Maximum number of stories	4	4	4	4	4	4	4	5
Setbacks and Building Coverage
Front yard setback (feet)	0	0-15	0-10	0-10	0	0-10	0	0
Minimum side yard setback (feet)	0	6	0	0	0	6	0	0
Minimum rear yard setback (feet)	0	6	6	6	6	6	6	6
Setbacks when Abutting Residential District
Minimum rear yard setback (feet)	0	14	14	14	14	14	14	14
Minimum side yard setback (feet)	6	8	8	8	8	8	8	8
* See Subsection F.
** Dimensional standards for the D-3 District are shown here for comparing them with all of the Downtown Districts. See § 250-64 for detailed standards for the D-3 District.

Additional side yard setback standards in the D-1b District. In the D-1b District, the side yard setback of the side of corner properties facing Bennett Street, Williams Street, Armory Street, and Humphrey Street shall be a minimum of six feet.

Additional standards for buildings taller than 45 feet in the D-1b District.

The front of a new building taller than 45 feet with a flat roof shall step back a minimum of six feet from the front setback line starting at a point in the height of the building between 45 feet and 49 feet.

The eave height of a new building taller than 45 feet with a pitched roof shall be between 45 and 49 feet.

General standards for the Downtown D-1 and D-2 Districts.

Measurement of building height.

Building height shall be measured as the vertical distance between the average finished grade and the highest point of a building or structure. The highest point shall be the coping of a flat roof without a parapet, the midpoint of the parapet on a flat roof, the deckline of a mansard roof, or the midpoint between the eaves and highest ridge of a gable, gambrel, or hipped roof.

Elevator shafts, solar collectors, and mechanical equipment necessary for building functions and maintenance shall not be included in the calculation of the maximum building height, provided the shafts and equipment are screened or integrated into architectural rooflines so as not to be discernable from the public street level.

The total area of all roof appurtenances and other features that exceed the maximum building height shall not exceed 33% of the total roof area of the structure.

No roof structure shall be allowed for the purpose of providing additional interior floor space.

Story heights.

The ground floor shall have a maximum floor-to-floor height of 18 feet.

Each story above the ground floor shall have a maximum floor-to-floor height of 14 feet.

At-grade parking structures occupying a story shall count in the calculation of the number of stories in a building.

Driveways. Driveways are not permitted in the D-1b District along Palisade Avenue.

Parking. Parking shall be accessed by rear alleys, rear lanes, or side streets where available.

Encroachments. Balconies and window bays shall provide a minimum of 10 feet of clearance over public sidewalks or rights-of-way and shall project no more than three feet over public sidewalks or rights-of-way.

Entrances. Every street-facing, ground-level business shall have a separate entry.

Green buildings.

All new buildings, additions, or renovations with gross area greater than 5,000 square feet are encouraged to be constructed to the U.S. Green Building Council's LEED certification standards or equivalent.

Green roofs are permitted and encouraged. The planting media and plant material comprising green roofs shall be maintained in accordance with generally accepted landscape maintenance practices, replacing each as necessary.

Waste collection and storage areas. Trash, recycling, and any other refuse or recycling collection dumpsters or containers shall be located at the rear of the property and either screened, enclosed, or otherwise blocked from public view. Such screening or enclosure should be designed in conjunction with the primary building, may use similar materials and shall obscure views of waste collection and storage area.

Design standards for the Downtown D-1 and D-2 Districts.

General design standards.

Buildings shall generally relate in scale and design features to surrounding buildings and to the traditional form and scale of Englewood's downtown blocks and buildings.

Buildings shall generally demonstrate continuity of treatment by maintaining cornice lines in buildings of similar height, by extending horizontal lines of fenestration, and by complementing architectural styles, details, features, design themes, building materials, and colors used in surrounding buildings where such buildings represent the traditional character and architecture of Englewood.

Buildings shall not have long, monotonous, uninterrupted walls or roof planes. Offsets including projections, recesses, and changes in floor level shall be incorporated to add architectural interest and variety. Roofline offsets shall be provided in order to add architectural interest and variety to the massing of a building.

The overall appearance of roofs in downtown should be varied and reinforce the rhythm and scale of facades and reflect variation in the area's natural topography.

To the extent the foregoing criteria do not impose an objective standard in feet, percentage or other objective criteria, a variance therefrom shall be considered a design waiver rather than a zoning variance and shall be considered as such in the discretion of the appropriate land use board.

Detailed design standards.

Building articulation.

Horizontal articulation. New buildings shall be articulated horizontally. Internal programs should be used to define building articulation. The maximum width of any articulated section shall be 45 feet along the street frontage. Sections can be expressed through bays, variations in setback, window patterns, changes in material, and other similarly effective techniques.

Vertical articulation. New buildings shall be articulated vertically to clearly define a base, middle, and top.

Roof forms. Roofs shall be designed to relate to the structural system and architectural style of the building.

Doors and windows.

All buildings shall include doors and windows facing the street. At ground level, buildings are not permitted to have blank walls facing public streets.

Buildings located at the corner of two public streets shall have either a principal entrance at the corner of the building or an entrance facing each street.

At least 70% of the wall surface area of the ground level for each wall facing a public street shall consist of transparent treatments. Tinted, reflective, or other types of glass or window treatments that diminish transparency are prohibited.

Multistory buildings shall be designed with a minimum transparent area of 25% of the surface area of each building wall above the ground floor. Each upper story building wall shall contain an approximately proportional amount of transparent area as each other story above the ground floor. Windows shall be aligned vertically and horizontally between floors and follow the same window rhythm.

Buildings at prominent corners. The intersections of Palisade Avenue and Dean Street, Palisade Avenue and Engle Street/Grand Avenue, and Palisade Avenue and Tenafly Road/Lafayette Avenue/Bennett Road are prominent thresholds in downtown Englewood and, therefore, buildings at these intersections shall be considered significant structures. The Planning Board may deem appropriate that significant structures are designed with architectural features such as corner towers or other features to emphasize their location and serve as a visual focal point in downtown. Such architectural features shall be a maximum width of 24 feet and a maximum length of 24 feet. The approving authority also may deem appropriate that such features may exceed the maximum building height of the downtown subdistrict.

Visual buffers and screening. Buffers shall be provided to effectively protect residential property from the potential adverse effects of adjacent nonresidential land use activity that may result in nuisance, including visual blight, excessive light, threat to safety, noise, or odor encroachment to an adjacent parcel or one located across a public right-of-way.

Landscaping.

All activities on any lot in the Downtown Districts that abut a residential zoning district shall be screened from such abutting residential district by landscaping consisting of lawn, massed evergreen and deciduous trees, and shrubs of such species and density as will provide, within two growing seasons, a solid and continuous screen throughout the full course of the year.

Evergreen and deciduous shrubs shall have a minimum height of three feet when planted and shall be of varieties that normally grow to a minimum height of six feet within two full growing seasons.

Deciduous trees shall have a minimum caliper of three inches at the time of planting.

Fencing.

Fences are permitted in rear yards only.

Fences shall have a maximum height of six feet.

Fences shall be kept in good repair, consistent with the design thereof. The property owner shall be responsible for maintaining the area between the property line and the fence.

Chain-link material used for any fence shall be of dark-colored material, and the posts and other framework forming part of such fence shall be the same color as the chain-link material.

Editor's Note: This section also repealed former § 250-63, Central business districts, as amended.

§ 250-64 Downtown (D-3) District.

[Amended 5-27-1992 by Ord. No. 92-13; 7-10-1996 by Ord. No. 96-24; 4-9-2013 by Ord. No. 13-04; 12-16-2014 by Ord. No. 14-44]

Purpose. The purpose of this chapter with respect to the Central Business (CBD-3) District is to provide for the planned commercial development of an area as a single entity according to a plan containing mixed retail and commercial office uses in such ratios, and subject to such specific conditions and limitations as set forth herein, so as to promote a desirable visual environment through good civil design and arrangement, relate the mixed development to the particular site, accommodate the movement of pedestrian and vehicular traffic safely and conveniently, promote economic growth and employment within business districts, foster the proper utilization of existing resources, eliminate blighting conditions and otherwise guide the development of land in a manner which will promote the public health, safety, morals and general welfare.

Permitted uses. Within the Central Business (CBD-3) District, no land or building shall be used, nor shall any building be constructed, altered or designed to be used, for any purpose other than the following (subject to the further specific conditions and limitations set forth in this section).

Retail stores, excluding the outdoor display of any merchandise and the outdoor display of fruit, vegetables, and plants.

Banks, including walk-up and drive-up windows, provided that such walk-up and drive-up windows and drive-up lanes do not encroach on the public right-of-way or internal site circulation roadways. Drive-up windows will require site plan approval.

Personal service shops, including barbershops, beauty parlors, tailor shops, shoe repair shops and similar uses.

(Reserved)[1]

Editor’s Note: Former Subsection B(4), regarding business professional or governmental offices, was repealed 12-16-2014 by Ord. No. 14-44.

Theaters, but excluding amusement parks, shooting galleries, circuses or amusement arcades.

Public parking lots and public parking garages.

Studios for dancing and music instruction, including recital and concert halls.

Studios and art galleries, including studios and galleries for paintings, photography, sculpture and ceramics.

Restaurants, including the preparation of food for retail sale on the premises, but excluding fast-food restaurants.

Offset printing, copying and duplicating of documents or papers, provided that such use shall not include any printing press, typesetting, linotype or other machinery other than offset printing or copying or duplicating machines, and provided further that, in order to assure that any such use is consistent and compatible with the general retail shopping character of the Central Business (CBD-3) District, such use shall comply with the following requirements:

If such use is to be located on the ground floor of a building, it shall include display windows, similar to store display windows used for retail sales purposes, and all windows shall be open to view from the public street and shall include displays similar to those generally used in retail stores within the Central Business (CBD-3) District.

Before a certificate of occupancy shall be issued to authorize such a use, the application therefor shall be referred to the Planning Board. Upon receiving such an application, the Board shall consider, evaluate and make recommendations respecting the manner by which the applicant proposes to insure that the use will be consistent and compatible with, and will not have an adverse effect upon, the general character of the Central Business (CBD-3) District, including proposals and plans for window treatment and design and for the layout and design of the interior of the premises, including the location of any offset printing, copying or duplicating machinery, any customer service area, and any other facility or area within the premises. The Board shall thereafter submit its report and recommendation to the Chief Inspector.

After consideration of the report and recommendation of the Board, if the Chief Inspector determines that the proposed use meets the requirements of this subsection, the Chief Inspector shall issue the requested certificate of occupancy, which may include such conditions and limitations, including conditions and limitations recommended by the Board, as he deems appropriate, respecting the design and layout of the premises in order to effect the purposes of this subsection with respect to the maintenance of the general character of the Central Business (CBD-3) District. Such conditions and limitations shall constitute an essential part of the said certificate of occupancy with which the operator of the premises shall comply so long as the aforesaid use shall continue.

(11)

Printing, but excluding newspaper printing.

(12)

Repairing of household appliances.

(13)

Retail laundry and dry-cleaning establishments, including self-service automatic laundry and dry-cleaning establishments and outlets and pickup stations for laundry and dry-cleaning establishments.

(14)

Shops for the sale of building, plumbing, and electrical supplies and household equipment and furnishings.

Prohibited uses. Within the Central Business (CBD-3) District:

Except as permitted for a licensed outdoor cafe pursuant to Chapter 180, Article I, of the Code of the City of Englewood, and except as permitted by Subsection B(2) and (6) with respect to walk-up and drive-up bank facilities and parking lots, no use shall be permitted unless it is conducted entirely within a fully enclosed building.

[Amended 7-10-1996 by Ord. No. 96-24]

No use which is noxious or offensive by reason of emission of odor, dust, noise, smoke, gas, fumes, radiation or similar condition or which presents a hazard to public safety shall be permitted.

No massage parlor or similar establishment shall be permitted.

Except as permitted in Subsection B(2), no drive-in facilities and no curbside or driveway over a public sidewalk shall be permitted, except for an off-street parking facility, for which site plan approval by the Planning Board shall be required.

No arcade game shall be installed, operated or made available for use by customers or the public, except as an accessory use to a tavern, restaurant or bar having a plenary retail consumption license; provided, however, that this prohibition shall not be deemed to prohibit the display of such devices for the purpose of sale.

No facility established for the primary purpose of treatment, maintenance, counseling, rehabilitation or housing of persons addicted to narcotics, drugs or alcohol or having narcotic-, drug- or alcohol-related problems, including without limitation any methadone maintenance center, narcotic, drug or alcohol treatment center, facility or clinic, or any narcotic, drug or alcohol halfway house, shall be permitted; provided, however, that nothing contained herein shall be deemed to prohibit the occasional use of premises by a nonprofit organization for the holding of meetings or counseling sessions related to narcotic, drug, or alcohol problems, if such use is not the exclusive or primary use of such premises.

No person shall conduct, nor utilize any premises for the purpose of conducting, the business or activity commonly known as "fortune-telling," including, but not necessarily limited to, conducting seances, interpreting horoscopes, preparing astrological charts, reading tarot cards, mind-reading, palm-reading, numerology or engaging in the activities of seers or soothsayers.

No person shall conduct, nor utilize any premises for the purpose of conducting, a sexually oriented business, as that term is defined herein.

[Added 5-27-1992 by Ord. No. 92-13]

Minimum contiguous acreage. No site shall be developed for a planned commercial development unless it contains a minimum of seven acres of contiguous land and has access to a public or private street.

With respect to the requirement that the land constituting such site shall be contiguous, private roads, internal streets and access driveways within the site shall not be deemed to divide the site so as to render portions thereof noncontiguous.

Areas required to be dedicated to any public purpose, including street construction or street widening, shall not be deemed to reduce the size of the site for purposes of determining compliance with the minimum contiguous acreage requirements.

Minimum lot size requirements. Within the Central Business (CBD-3) District, no building or structure shall be constructed on a subdivided lot within a planned commercial development having less than the following minimum area, width and depth; provided, however that if greater dimensions are required for any particular use pursuant to any other provision of this chapter, then such greater requirements shall apply:

	Minimum Lot Area (square feet)	Minimum Lot Width (feet)	Minimum Lot Depth (feet)
	2,500	50	30

Yard requirements.

Except where more extensive requirements are set out respecting particular uses, and except where the provisions of Subsection F(2) of this subsection apply, premises in the Central Business (CBD-3) District shall comply with the following requirements respecting minimum front yards (setback), side yards and rear yards:

	Minimum Required Yards (feet)
	Front Yard (setback)	Side Yard	Rear Yard
	None	None	None

Where a lot abuts a detached residential district, a yard of five feet shall be required on that side of any lot which abuts a detached residential district. However, where a lot abuts a residential district and a six-foot-wide planted evergreen buffer is provided by means of an easement on the residential lot, the five-foot setback shall be construed as being met; provided, however, that the foregoing waiver shall not be applicable and shall be required to be met where it abuts parking.

[Amended 4-9-2013 by Ord. No. 13-04]

Within a required yard, no building or structure shall be permitted except for walls or fences not more than 5 1/2 feet high, measured from grade at its highest point.

Chain-link material used for any fence within the Central Business (CBD-3) District shall be of dark-colored material, and the posts and other framework forming part of such fence shall be the same color as the chain-link material.

Cornices, awnings, signs, canopies, exitways, pedestrian arcades and other architectural or ornamental features, details or projections may be attached to buildings and extended up to a distance of 12 feet perpendicular to the lot line into adjoining property where such right has been granted by easement, but in no case closer than one foot to the face of the curb nor with a minimum vertical clearance less than nine feet.

Height and story limitations.

Except as otherwise provided in this section, no building or structure, including any associated parking structure, shall exceed 45 feet in height.

Chimneys, flues, towers, including cooling towers, bulkheads, spires, and similar decorative features may exceed such height limitations if the total area of all such features on any one building does not exceed 20% of the area of the roof of such building.

Receiving or transmitting antennas may exceed such height limitations but shall not exceed a height of 45 feet above the ground.

No portion of a building used for office purposes shall exceed two stories, exclusive of exempt parking structures and ground-level entry foyers and service cores.

No portion of a building used for retail purposes shall exceed one story or 25 feet in height, provided that, for buildings in excess of 25,000 square feet, 15% of such building may exceed the twenty-five-foot height requirements, up to a maximum of 35 feet.

Lots abutting residence district; screening. All activities on any lot in the Central Business (CBD-3) District which abuts a residence district shall be screened from such abutting residence district by an evergreen planting at least five feet wide and capable of growing to a height of eight feet within one year.

Site coverage (ground area footprint).

The sum of the area of all principal and accessory buildings and structures, including parking structures, within a planned commercial development within the Central Business (CBD-3) District shall not exceed 40% of the area of the site.

The sum of the area of all principal and accessory buildings and structures, including parking structures, developed for retail use shall not exceed 33% of the area of the site.

The sum of the area of all principal and accessory buildings and structures, including parking structures, developed for business, professional or governmental office use shall not exceed 7 1/2% of the area of the site.

Floor area ratio.

[Amended 4-9-2013 by Ord. No. 13-04]

The sum of the area of all principal and accessory buildings and structures, including parking structures, within a planned commercial development within the Central Business District (CBD-3) shall not exceed 45% of the area of the site.

The sum of the area of all floors of buildings or structures, excluding parking structures and excluding common areas and stairs for office use, within a planned commercial development within the Central Business District (CBD-3) shall not exceed 45% of the area of the site.

The sum of the area of all floors of buildings or structures developed for retail use shall not exceed 40% of the area of the site.

Building length. No building shall exceed 350 feet in length.

[Amended 4-9-2013 by Ord. No. 13-04]

Parking.

Except as otherwise provided herein, off-street parking and related motor vehicle requirements shall be in accordance with the provisions of Article XII hereof.

Notwithstanding anything in Article XII hereof to the contrary, the following off-street parking requirements shall be applicable within the Central Business (CBD-3) District:

Required off-street parking.

The minimum number of parking spaces required for all premises and uses within this district shall be one space for each 250 square feet of floor area; provided, however, that there shall be excluded from the floor area calculation for office building requirements common areas and stairways. The minimum number of parking spaces required for all retail and supermarket uses within this district shall be one space for each 275 square feet of floor area.

[Amended 4-9-2013 by Ord. No. 13-04]

The off-street parking requirements of this section may be satisfied by providing the required number of spaces or having the required number of spaces available during the hours in which the premises are in use in an off-site facility, provided that such off-site facility is within 1,000 feet of the building or use served.

Off-site facilities may include private or public parking facilities for which the owner or operator of the building or use has licensed, leased, or contracted for use during the hours in which the premises are in use from the owner or operator thereof.

On-site parking spaces reserved for the use of the City of Englewood shall be counted toward satisfying the off-street parking requirements.

[5]

No on-grade parking stall or aisle shall exceed a grade of 6%, nor shall any driveway or ramp exceed a grade of 10%.

[6]

In addition to such other off-site improvements as may be required by the municipal agency pursuant to the site plan review process, the municipal agency may require, subject to the consent and approval of the governing body, that an application for development provide design alternatives for, and provide, if possible, additional off-site parking spaces as follows:

[a]

Within public roadways or public parking lots located within 1,000 feet of the proposed development; and

[b]

To the extent required to replace existing public parking which is displayed as a result of the proposed development, but not in excess of 25% of the number of parking spaces required pursuant to this section; and

[c]

Through the realignment and/or restriping of existing public parking spaces, together with any ancillary curbing, repaving, relocation and/or installation of existing or new parking meters, and traffic and parking signage or signalization required in connection therewith.

Road dimensions and location.

All roads other than parking aisles in this district shall be called "internal site circulation roadways" and shall be a minimum width of 25 feet.

Off-street delivery and loading.

No on-site loading spaces shall be required for any building having less than 30,000 square feet of gross floor area. For buildings having a gross floor area in excess thereof, there shall be at least two loading spaces, with an additional loading space for each additional 15,000 square feet of gross floor area or fraction thereof.

Where required or when provided, a loading space shall measure not less than 35 feet long, 12 feet wide and 14 feet high.

Required loading areas shall not be located upon any public right-of-way; provided, however, that vehicles may utilize the public right-of-way for the purpose of ingressing or egressing the loading area.

Landscaping requirements.

Within any parking facility, all areas which are not required for parking or access purposes shall be landscaped, and all landscaping, including planting islands, shall be protected from vehicle encroachment by continuous concrete curbing, with a total height of 20 inches and a face of six inches, or by some other curbing or barrier approved by the Planning Board.

Within any at-grade, nonleased parking facility, there shall be provided within the parking facility or its perimeter planting islands or a planting peninsula containing a minimum of 50 square feet of permeable space for each 10 parking spaces provided in such locations as mutually agreed by the applicant, City Planner and City Engineer.

Such permeable space shall be planted.

At least one deciduous tree with a minimum three-inch caliper shall be planted for each 30 feet of building frontage along internal site circulation roadways.

Signs.

CENTRAL BUSINESS (CBD-3) DISTRICT

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

AREA OF SIGN

The total area of the space used for sign purposes, including the spaces between open-type letters, figures, numbers or symbols, and including the ground structure or other decoration which is in an integral part of the sign, but computed on the basis of one side only, and, in the event the area of the sides is unequal, the area of the larger side shall be used in determining the permitted area.

AWNING SIGN

A sign painted or secured to an awning, including such signs which are attached to sun-protection devices or canvas or metal coverings over windows.

BANNER

A sign or decoration made of cloth, paper, plastic or similar flexible material which is attached to a building or structure.

BOARD

The Planning Board.

BUNTING

A banner, usually in the form of draperies or wide streamers.

The CBD-3 District as defined in Part 4, Zoning, of this chapter of the Code of the City of Englewood.

GROUND SIGN

A sign supported from the ground by one or more uprights or braces.

ILLUMINATED SIGN

A sign illuminated by lighting of any kind, including but not limited to lighting along the border of the sign, within the sign itself, in the rear of the sign, on the ground, or on poles.

ITEM OF INFORMATION

Any word, initial, abbreviation, number, symbol or geometric shape, but shall not include street numbers 20 inches or less in height or letters less than two inches in height.

LIGHT BOX SIGN

An illuminated sign in which the illumination comes from within the sign itself.

MARQUEE SIGN

A sign painted on, attached to or hung from a marquee, canopy or other covered structure extending from and supported by the building.

MOVABLE SIGN

A portable ground sign with an advertisement on either or both panels, either fixed or swinging, all within a frame and supported on standards permitting easy transport to any part of the premises.

OFF-PREMISES ADVERTISING SIGN

A sign, including a billboard, on which an advertisement is displayed which directs attention to a business, commodity, services or entertainment conducted, sold or offered elsewhere than on the premises upon which such sign is located.

PROJECTING SIGN

A sign attached to a building, any part of which extends more than 15 inches from the building.

PUBLIC INFORMATION SIGN

Traffic signs, street signs, directional signs and other noncommercial signs designed or intended to convey instructions to the public.

ROOF SIGN

A sign erected, constructed or maintained above or on the roof of a building.

SIDEWALK SIGN

A sign painted on sidewalks, curbs and similar places.

SIGN

Any word, letter, symbol, number or combination of the above which can be seen from the street and which is in the nature of an announcement, direction or advertisement.

TEMPORARY SIGN

A sign intended for a limited period of display, including decorative displays for holidays or public demonstration.

WALL SIGN

A sign painted on or attached to an exterior wall surface of a building, no part of which extends more than 12 inches from the building.

WINDOW DISPLAY SIGN

A sign located within a building and visible through a window but not attached to a window or exterior structure of the building.

WINDOW SIGN

A sign painted or otherwise attached to the inside or the outside of a window.

Compliance with regulations. No person, including any owner, lessee, or other occupant of any premises, or any erector, shall erect, construct or display or permit the erection, construction, or display of any sign within the Central Business (CBD-3) District other than in accordance with the provisions of this chapter.

Prohibited signs. The following signs are prohibited anywhere within the Central Business (CBD-3) District:

Off-premises advertising signs.

Sidewalk signs.

Roof signs, or any sign which extends above the roofline of a building to which it is attached.

Any sign carried or worn by a pedestrian which announces or calls attention to any goods, wares, merchandise or commodities or to any place of business and/or occupation.

Strung lights and windblown devices such as pennants, spinners and streamers.

Any sign which blinks on and off or contains moving lights or which is otherwise illuminated on an intermittent basis.

Any illuminated signs equipped with red, green or amber so as to confuse with traffic control or warning signs.

Signs having items of information larger than six inches in size displayed on motor vehicles or trailers parked for display purposes within 20 feet of a public right-of-way.

Projecting signs.

Ground signs, other than shopping center identification signs and public information signs, as hereafter provided, shall be prohibited.

Signs exempt from permit requirements. Subject to any applicable restrictions contained in other sections of this chapter, and the conditions and limitations hereinafter contained, the following signs may be erected on any premises within the Central Business (CBD-3) District without first obtaining a permit therefor:

Construction signs of building contractors or other artisans referring to work being performed on the premises, but only so long as such work is being performed, and provided that such signs shall not exceed an area of:

Thirty-two square feet in each of three locations for the shopping center;

Twenty-four square feet for each business establishment.

Signs erected by any governmental agency.

Signs concerning political candidates and public issues, not in excess of 20 square feet, for a period of not more than 45 days.

Holiday and seasonal decorations or displays containing no commercial advertising matter, for a period of not more than 45 days.

Window display signs for a commercial use permitted under Part 4, Zoning, of this chapter.

Regulations applicable to all signs. In addition to such other restrictions as may be contained in this chapter, all signs shall comply with the following regulations:

No person shall affix any sign to any public building or erect any sign in any public place without the express approval of the City Council.

No sign shall be affixed to any tree, public utility pole or public information sign.

No sign shall contain more than 10 items of information.

All signs shall comply with all applicable provisions of the Uniform Construction Code.[2]

Editor's Note: See Ch. 167, Construction Codes, Uniform.

Illuminated signs visible to and within 100 feet of residential properties shall be illuminated by white light only, not in excess of 150 watts.

No floodlight, flexible gooseneck fixture or bare light bulbs used with any sign shall be positioned in such a manner so as to shine onto adjoining property or into the eyes of passing pedestrians or motorists.

No sign shall be attached in any form or manner which will interfere with any opening required for ventilation.

No sign, including any supporting structures, shall be attached in any manner to a fire escape.

No sign shall be placed or located so as to obstruct the view of oncoming traffic.

All signs shall be maintained in good condition and appearance.

Regulations describing bulk limitations of signs. In addition to such other restrictions as may be contained in this chapter, any sign within the Central Business (CBD-3) District shall comply with the following regulations:

Regulations governing wall signs.

Wall signs for business establishments with a gross leasable area in excess of 25,000 square feet shall not exceed a vertical dimension of four feet and 150 square feet in area. A maximum of two wall signs, each on separate building faces, shall be allowed, provided that they are separated by a distance at least equal to the length of the sign. In addition, a single third logo identification sign shall not exceed 40 square feet or a diameter, height or width in excess of seven feet.

Wall signs for business establishments with gross leasable area between 10,000 square feet and 25,000 square feet shall not exceed a vertical dimension of three feet and 90 square feet in area. A maximum of two wall signs, each on separate building faces, shall be allowed, provided that they are separated by a distance at least equal to the length of the sign.

Wall signs for business establishments with gross leasable area less than 10,000 square feet shall not exceed a vertical dimension of two feet and 40 square feet in area. A maximum of two wall signs, each on separate building faces, shall be allowed, provided that they are separated by a distance of at least equal to the length of the sign.

No wall sign shall be erected on any wall of a building unless such wall fronts on and is immediately adjacent to a street or parking lot.

Regulations governing banners and bunting.

Banners and bunting shall not be permitted except in connection with the opening of a new business or a change in ownership or management.

Banners or bunting shall not be permitted upon any premises for period more than 30 days nor more than once in any twelve-month period.

No banners or bunting shall be installed or placed so as to extend upon or across any sidewalk or public street, internal site circulation roadway, parking aisle, or parking lot.

All banners or bunting must be securely fastened to a building or structure.

Regulations governing awning and marquee signs.

The area of an awning or marquee sign shall not exceed 40% of the awning or marquee to which it is attached or of which it forms a part of not more than 10 square feet in area.

Regulations governing time and/or temperature device.

Time and/or temperature devices attached to a building shall not exceed 30 square feet in area, shall not project more than five feet from the face of the building to which they are attached, and shall provide at least nine feet of clearance above the ground.

No time and/or temperature device shall be located within 50 feet of any other such device.

Regulations governing window signs.

Window signs shall not exceed 15% of the total area of the window to which they are affixed, nor more than 7 1/2% of the glass area of any door to which they are affixed.

Regulations governing window display signs.

Window display signs shall not contain more than 10 items of information; provided, however, that price cards not exceeding three inches by five inches in size and manufacturers packages shall not be counted as items of information.

Regulations governing shopping center identification and logo signs.

Shopping center identification signs shall not be placed in more than three locations nor exceed 40 square feet in each location. The height of the sign shall not exceed 18 feet and shall provide at least nine feet of clearance above the ground.

In addition to shopping center identification signs permitted in Subsection M(6)(g)[1], shopping center identification logos may be placed as follows:

[a]

On doors: area not to exceed 5% of window to which affixed.

[b]

On windows: area not to exceed 10% of window to which affixed.

[c]

Fixed fabric panels: area not to exceed 20% of panel to which affixed.

[d]

Streetscape accessories, refuse cans, etc.: area not to exceed four square feet per item.

Regulations governing public informational signs. Public informational signs shall not exceed 6.5 square feet, and individual letters shall not exceed five inches in height or as specified by the New Jersey Department of Transportation or according to FHWA standards.

Permit required.

Except as provided in Subsection M(4), no signs shall hereafter be erected, altered, enlarged, relocated or replaced except in accordance with this chapter and unless a permit therefor has been issued.

Any permit to be issued pursuant to this chapter shall be issued by the Chief Inspector.

No permit shall be issued until the fee therefor has been paid and until any required insurance certificate has been filed with and approved by the Chief Inspector and until the written consent therefor of the owner or lessee of the property on which the sign is to be placed has been filed with the Chief Inspector.

The changing of movable parts of an approved sign or the repairing or requesting of display matter shall not be deemed an alteration, provided the conditions of the original approval and the requirements of this chapter are not violated.

An application for a sign permit shall be made to the Chief Inspector on forms provided for such purposes and shall be accompanied by a sketch of the proposed sign and specifications showing colors, letter heights, and materials to be incorporated in the sign, as well as materials to be used for supporting members, and manner of erecting or allowing the proposed sign to be displayed in its proposed location.

Any application for a sign permit, together with the aforesaid additional material, shall be referred by the Chief Inspector to the Board for its review and recommendations as to whether the permit should or should not be issued and whether and in what respect the proposed sign should be altered.

The Board shall submit its report and recommendation to the Chief Inspector within 45 days of its receipt of an application, after which the Chief Inspector shall issue or deny the permit. In the event the Board shall not so act within such forty-five-day period, and unless the applicant has consented to an extension of such period, the Board shall be deemed to have recommended approval of the application as submitted.

Maintenance and removal of signs.

All signs shall be maintained in good condition and repair, and specifically, but not by way of limitation, no person shall permit the following conditions to exist with respect to any sign owned by such person or with respect to any sign located on premises owned by such person or occupant:

Chipped or peeling paint.

Torn paper or broken or damaged lettering or material of any kind.

Illegible material, whether by reason of fading, obliteration or any other condition.

Within 30 days following the termination of any occupancy or use of any premises, any sign located on the premises which identified or advertised such occupancy or use shall be removed.

Revocation of permit and/or removal of signs.

When any sign becomes insecure, in danger of falling or becoming otherwise unsafe, or if any sign shall be unlawfully installed, erected or maintained in violation of any of the provisions of this chapter, the owner thereof or the person or firm maintaining same shall, upon written notice of the Chief Inspector, forthwith in case of immediate danger and in any case within not more than 10 days, make such sign conform to the provisions of this chapter or shall remove it.

Written notice, as set forth above, shall be mailed by the Chief Inspector to the owner or lessee of the premises by certified mail, return receipt requested. If within 10 days following receipt of such letter, or in the case of emergencies within such shorter time as may be specified in the notice, the owner or lessee fails to comply with the order, the Chief Inspector may revoke the permit and remove or repair the sign at the expense of the owner as otherwise provided by law.

In case the Chief Inspector shall be required to remove any sign as herein provided, he shall keep a record of the cost of such removal, and the owner of such sign shall be liable therefor.

No act of the Chief Inspector in connection with the inspection and maintenance of signs shall relieve the owner of the premises or the sign owner from his own responsibility for maintaining signs in a safe condition or make the City of Englewood liable in case of damage or injury.

Exclusive regulations. Unless or until repealed or modified, the foregoing requirements shall apply to signs within the Central Business (CBD-3) District notwithstanding the provisions of any other ordinance regulating signs within any other zoning district within the City of Englewood.

§ 250-65 Neighborhood Center (N-C) District. [1]

[Added 11-12-2014 by Ord. No. 14-39]

Purpose. The purpose of this section with respect to the Neighborhood Center (N-C) District is to provide a mix of retail and commercial businesses that serve the needs of residents of the surrounding neighborhoods and visitors and passersby from other areas. Commercial activity should take place in a pedestrian-friendly and desirable visual environment that complements the character of the surrounding residential area. This district also permits upper story residential uses to enhance the character of this district as a neighborhood-serving place.

Permitted uses. Permitted uses in the N-C District are summarized in the table below. In the table, the letter "Y" stands for permitted use, "YC" stands for conditional use. The letter "Y" with an asterisk, or "Y," indicates a use permitted only on upper floors of a multi story building. Conditions for conditional uses are listed in Subsection C. All other uses not expressly permitted here, with or without conditions, are prohibited.

Land Use Categories and Land Uses		N-C
Retail Trade
Retail stores, with the exception of:
	- Pawn shops - Establishments open between the hours of 11:00 p.m. and 6:00 a.m. - Sexually oriented businesses	Y
Banks		YC
Drugstores		YC
Eating and Drinking Establishments
Restaurant (limited service)		YC
Restaurant (full service)		YC
Arts, Entertainment and Recreation
Health and fitness clubs		Y
Instructional studios		Y
Personal and Consumer Services
Personal services, with the exception of:
	- Fortune-telling and palm-reading establishments - Sexually oriented businesses - Tattoo parlors - Massage parlors with unlicensed personnel	Y
Child care		Y
Funeral parlor		Y
Laundry and dry cleaning		Y
Pet grooming and training		Y
Printing and reproduction		Y
Repair of consumer products		Y
Education
School (Preschool)		Y
Offices (nonmedical)
Professional offices		Y
Business offices		Y
Residential Uses
Apartments and condominiums		Y*

Conditional uses. For areas within the designated Neighborhood Center (N-C) Districts, the Planning Board shall not approve any conditional use application for any of the following uses under this section unless the following enumerated specific conditions have been met:

Restaurants.

Restaurants are permitted conditionally upon obtaining site plan approval from the municipal agency. Approval may be subject to the execution of a maintenance agreement to include obligations on the part of the owner or operator of the premises to maintain the premises and the surrounding area free of litter and to minimize loitering on or about the premises.

Hours of operation. When located on a site adjacent to or that includes any residentially zoned property, a restaurant shall not open prior to 7:00 a.m. nor shall it remain open after 8:00 p.m.

Drive-through/drive-up facilities are not permitted.

Banks and drugstores. Drive-through/drive-up facilities for banks and drugstores are permitted under the following conditions:

Drive-through/drive-up facilities and associated lanes shall not encroach on the public right-of-way or internal site circulation roadways. Drive-through/drive-up facilities will require site plan approval.

Such facilities shall be located on an arterial or collector street in an area least disruptive to pedestrian and vehicular traffic.

All access drives shall be located as far as practicable from an existing intersection in order to minimize congestion and constricted turning movements.

Zoning district requirements.

	Dimension	N-C
	Lot Dimensions
	Minimum lot area (square feet)	1,500
	Minimum lot width (feet)	20
	Minimum lot depth (feet)	75
	Building Dimensions
	Maximum building height (feet)	25
	Maximum number of stories	2
	Setbacks and Building Coverages
	Front yard setback (feet)	0
	Side yard setback (feet)	0 to 6
	Setbacks when Abutting Residential District
	Minimum rear yard setback (feet)	10
	Minimum side yard setback (feet)	10
	*See Subsection F.

General standards for the Neighborhood Commercial (N-C) District.

Measurement of building height. Building height shall be measured as the vertical distance between the average finished grade and the highest point of a building or structure. The highest point shall be the coping of a flat roof without a parapet, the midpoint of the parapet on a flat roof, the deckline of a mansard roof, or the midpoint between the eaves and highest ridge of a gable, gambrel, or hipped roof.

Entrances. Buildings located at the corner of two public streets shall have either a principal entrance at the corner of the building or an entrance facing each street.

Landscaping. Applicants shall submit a landscape plan detailing the location and types of plantings and other materials. Landscaping may include trees, bushes, shrubs, ground cover, perennials, annuals, plants, sculpture, art and/or the use of building and paving materials.

Exterior lighting.

Applicants shall submit a lighting plan detailing exterior lighting of facades and grounds.

All exterior light fixtures shall be fully shielded and direct light either downward toward the earth's surface and/or toward the building facade.

All exterior light fixtures shall be positioned in such a manner as to direct light away from adjacent property and public rights of way.

All lighting sources shall be directed away from reflective surfaces to minimize glare upon adjacent property and public rights-of-way.

Flashing lights and letterforms are prohibited.

Location of parking. Off-street parking areas shall be located to the side or rear of buildings.

Driveways.

Parking shall be accessed by rear alleys or rear lanes where available.

Shared driveways between two adjacent properties are encouraged. This shall be accomplished by creating an irrevocable offer of cross-easement between the two properties. The owners of the two properties shall submit with their application for a site plan.

HVAC. HVAC equipment shall not be visible from streets.

Design standards for the Neighborhood Commercial (N-C) District.

Building massing and design.

Buildings shall generally relate in scale and design features to surrounding buildings.

Doors and windows.

All buildings shall include doors and windows facing the street. Blank walls are not permitted facing the street at ground level.

At least 60% of the wall surface area of the ground level for each wall facing a public street shall consist of transparent treatments. Tinted, reflective, or other types of glass or window treatments that diminish transparency are prohibited.

Landscaping.

All activities on any lot in the Neighborhood Center (N-C) District that abut a residential district or a residence shall be screened from such abutting residence district or residence by landscaping consisting of lawn, massed evergreen and/or deciduous trees, and shrubs of such species and density as will provide, within two growing seasons, a solid and continuous screen throughout the full course of the year.

Evergreen and deciduous shrubs shall have a minimum height of three feet when planted and shall be of varieties that normally grow to a minimum height of six feet within two full growing seasons.

Deciduous trees shall have a minimum three inches caliper at the time of planting.

Fencing.

Fences are permitted in rear yards at a maximum height of six feet.

Fences shall be kept in good repair, consistent with the design thereof. The property owner shall be responsible for maintaining the area between the property line and the fence.

Fences shall be constructed of wood, metal, bricks, masonry or other permanent materials designed for permanent fencing. Fences constructed of wood shall be resistant to decay.

Chain-link material used for any fence shall be of dark-colored material, and the posts and other framework forming part of such fence shall be the same color as the chain-link material.

Note: Section 250-65 became available for codification purposes with the elimination of the Retail/Commercial/Residential (RCR) Overlay District in favor of the Downtown District.

§ 250-66 Work/Live Overlay (W-L) District. [1]

[Added 11-12-2014 by Ord. No. 14-38]

Purposes.

Provide flexibility for the creation of work/live units, specifically within existing buildings.

Provide for the appropriate development of units that incorporate both living and working spaces.

To provide locations where appropriate new businesses can start up or relocate.

Serve as a transition between light industrial uses and residential uses.

To assure that the division of space between living and working space within work/live space reflects the priority of work space.

Operating requirements.

Occupancy. A work/live unit shall be occupied and used only by the operator of the business within the unit, or a household of which at least one member shall be the business operator.

Sale or rental of portions of unit. No portion of a work/live unit may be separately rented or sold as a commercial space for any person not living in the premises or as a residential space for any person not working in the same unit.

Notice to occupants. The owner or developer of any building containing work/live units shall provide written notice to all occupants and users that the surrounding area may be subject to levels of noise, dust, fumes, or other effects associated with light industrial uses. State and federal health regulations notwithstanding, noise and other standards shall be those applicable to commercial or industrial properties in the applicable zone.

Nonresident employees. Up to two persons who do not reside in the work/live unit may work in the unit. The employment of any persons who do not reside in the work/live unit shall comply with all applicable Building Code requirements.

Client and customer visits. Client and customer visits to work/live units are permitted between the hours of 9:00 a.m. and 9:00 p.m.

Business license. At least one resident in each work/live unit shall maintain at all times appropriate licenses as may be required by law for operating a business on the premises.

Residential use criteria. The residential component of a work/live unit must contain sleeping space, cooking facilities, and complete sanitary facilities. No more than 50% of the total floor area of a work/live unit shall be designed or used for residential purposes. The residential occupancy of a work/live unit must include at least one person who is employed or carries out an occupation in the unit.

Permitted uses.

Arts and craft production activities including painting, sculpture, printmaking, ceramics, photography, film, writing, video, music, industrial design, graphic design, woodwork, metalwork, jewelry, and textiles.

Studios for instruction in the arts and crafts and in health and wellness activities.

Accessory retail.

Professional offices, including practitioners in massage therapy and acupuncture. Practitioners shall show proof of possessing a valid State of New Jersey license for the practice of their respective profession.

Other uses that, in the opinion of the Planning Board, are of a similar and compatible nature to the uses described above.

Prohibited uses.

Storage of flammable liquids or hazardous materials beyond that normally associated with a residential use.

Welding, machining, or any open flame work.

Any other activity or use, as determined by the Zoning Official to not be compatible with residential activities and/or to have the possibility of affecting the health or safety of work/live unit residents and adjacent residents because of the potential for the use to create dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration or other impacts, or would be hazardous because of materials, processes, products, or wastes.

Parking requirements. Minimum required parking spaces for work/live space is one per living unit.

General standards for the Work/Live Overlay District.

Separation and access. Each work/live unit shall be separated from other units and other uses in the structure. Access to each unit shall be provided from common access areas, corridors, halls, and/or the public street sidewalk; and the access to each unit shall be clearly separate from other work/live units or other uses within the structure.

Facilities to accommodate commercial or industrial activities. A work/live or unit shall be designed to accommodate commercial or industrial uses as evidenced by the provision of ventilation, interior storage, flooring, and other physical improvements of the type commonly found in exclusively commercial or industrial facilities used for the same work activity.

Integration of living and working space. Areas within a work/live or units that are designated as living space shall be an integral part of the work/live unit and not separated (or occupied and/or rented separately) from the work space, except that mezzanines and lofts may be used as living space subject to compliance with the other provisions of this section, and living and working space may be separated by interior courtyards or similar private space.

Mixed occupancy buildings. If a building contains mixed occupancies of work/live units and other nonresidential uses, occupancies other than work/live shall meet all applicable requirements for those uses, and proper occupancy separations shall be provided between the work/live or work/live units and other occupancies, as determined by the Building Inspector.

Usable open space.

A minimum of 40 square feet of usable exterior open space shall be provided for each work/live unit.

For those work/live projects established through a change of use of an existing building, the Planning Board may permit the creation of substitute interior space accessible to all residents for the required open space in the project, if it finds that it is not practical or desirable to provide exterior open space.

§ 250-67 Service Business (SBD) District.

Note: Section 250-66 became available for codification purposes with the elimination of the Mixed-Use Residential/Retail (MURR) Overlay District in favor of the Downtown District.

[Amended 4-7-1992 by Ord. No. 92-08; 5-27-1992 by Ord. No. 92-13; 7-10-1996 by Ord. No. 96-24; 11-12-2014 by Ord. No. 14-37]

Purpose. The purpose of this section, with respect to the Service Business (SBD) District, is to provide a variety of retail, commercial and service generally serving the surrounding neighborhood in a desirable visual environment and located particularly along major thoroughfares where a general mixture of retail, commercial, and service activity now exist.

Permitted uses. Permitted uses are summarized in the table below. In the table, the letter "Y" stands for permitted use and "YC" stands for conditional use. Conditions for conditional uses are listed in Subsection C. All other uses not expressly permitted in this section are prohibited.

Land Use Categories and Land Uses		SBD
Retail Trade
Retail stores, with the exception of:
	- Pawn shops - Establishments open between the hours of 12:00 a.m. and 6:00 a.m. - Sexually oriented businesses	Y
Banks		YC
Automobile sales		YC
Eating and Drinking Establishments
Restaurant (limited service)		YC
Arts, Entertainment and Recreation
Health and fitness clubs		Y
Instructional studios		Y
Personal and Consumer Services
Personal services, with the exception of:
	- Fortune-telling and palm-reading establishments - Sexually oriented businesses - Tattoo parlors - Massage parlors with unlicensed personnel	Y
	Child care	Y
	Funeral parlors	Y
	Laundry and dry cleaning	Y
	Pet grooming and training	Y
	Printing and reproduction	Y
	Repair of consumer products	Y
	Education
	School (preschool)	Y
	Medical and Health Care
	Medical offices	Y
	Medical group practice	Y
	Veterinary clinic	Y
	Offices (nonmedical)
	Professional offices	Y
	Business offices	Y

Conditional uses. For areas within the designated SBD Districts, the Planning Board shall not approve any conditional use application for any of the following uses under this section unless the following enumerated specific conditions have been met:

Automobile sales.

Such establishments shall have a fully enclosed sales building with a showroom area accommodating at least three automobiles. Vehicle service or repair may be performed as an accessory use, but only within a totally enclosed building.

Outdoor storage. An automobile sales establishment shall comply with the following requirements for outdoor storage:

All outdoor display and service areas, including driveways and parking facilities, shall be paved.

Motor vehicles and equipment shall be kept at least 15 feet from the right-of-way and property lines.

On-site circulation. An automobile sales establishment shall comply with the following requirements for on-site circulation:

There shall be sufficient area on site for all vehicle maneuvering and repositioning of inventory. No vehicles shall stand or be parked in the public right-of-way. All vehicle service must be performed on site.

Driveways are limited to one driveway per street frontage per 100 linear feet of street frontage and the maximum width of each driveway is 24 feet.

Driveways shall be at least 10 feet from any side lot line 50 feet from the intersection of street lines.

Banks. Drive-through/drive-up facilities are permitted under the following conditions:

Such facilities shall be located on an arterial or collector street in an area least disruptive to pedestrian and vehicular traffic.

All access drives shall be located as far as practicable from an existing intersection in order to minimize congestion and constricted turning movements.

Restaurants.

Drive-through/drive-up facilities are not permitted.

Dimensional standards.

	Dimension	SBD
	Lot Dimensions
	Minimum lot area (square feet)	10,000
	Minimum lot width (feet)	100
	Minimum lot depth (feet)	100
	Building Height
	Maximum building height (feet)	45
	Setbacks and Building Coverage
	Minimum front yard setback (feet)	5
	Minimum side yard setback (feet)	0
	Minimum rear yard setback (feet)	6
	Setbacks when Abutting Residential District
	Minimum front yard setback (feet)	15
	Minimum side yard setback (feet)	10
	Minimum rear yard setback (feet)	20
	* See Subsection E(1).

General standards for SBD Districts.

Additional building height requirements.

Cornices and cantilevered roofs may project into any required yard a distance of not more than 12 inches.

Belt courses, windowsills and similar ornamental features may project into any required yard a distance of not more than 12 inches, and chimneys may so project a distance of not more than 18 inches.

Receiving or transmitting antennas may exceed such height limitations but shall not exceed a height of 45 feet above the ground.

Additional setback requirements.

Front yards shall be landscaped in a manner approved by the Planning Board.

The following additional yard requirements shall apply to any lot abutting a residential district or a residential use:

A front yard setback shall be required with a depth of the lesser of either the average setback of existing buildings on the same side of the street, within the same block; or the minimum depth required for front yards in the adjacent residence districts.

Driveways.

The aggregate width of all driveways into any such facility shall not exceed 70 feet, and no single curb cut shall exceed 35 feet in width.

No part of any driveway shall be located within 10 feet of any side lot line or within 25 feet of any street corner which is located in or which abuts a residential district.

Landscaping.

All activities on any lot in the Service Business (SBD) District that abut a residential zoning district shall be screened from such abutting residential district by landscaping consisting of lawn, massed evergreen and deciduous trees, and shrubs of such species and density as will provide, within two growing seasons, a solid and continuous screen throughout the full course of the year.

Evergreen and deciduous shrubs shall have a minimum height of three feet when planted and shall be of varieties that normally grow to a minimum height of six feet within two full growing seasons.

Deciduous trees shall have a minimum caliper of three inches at the time of planting.

Fencing.

Fences are permitted in rear yards only at a maximum height of six feet.

Fences shall be kept in good repair, consistent with the design thereof. The property owner shall be responsible for maintaining the area between the property line and the fence.

§ 250-68 Light Industrial (L-I) District.

Chain-link material used for any fence shall be of dark-colored material, and the posts and other framework forming part of such fence shall be the same color as the chain-link material.

[Amended 7-21-1998 by Ord. No. 98-15; 9-15-1998 by Ord. No. 98-18; 8-16-2011 by Ord. No. 11-09; 11-12-2014 by Ord. No. 14-36]

Purpose. The purpose of this section, with respect to the Light Industrial (L-I) District, is to permit land uses that reflect contemporary light industrial economies and trends; to strengthen the identity of this district as a base of local and regional employment in the distribution, production, and manufacturing of products; to broaden the presence of research and development enterprises; to promote creativity, entrepreneurship, and business development; and to improve the physical appearance of the district. This district also provides for certain medical and health care uses, in appropriate locations, that may complement the various types of medical and health care offerings already located throughout the City.

	Land Use Categories and Land Uses	L-I
	Industrial Uses, light
	Apparel manufacturing	Y
	Beverage production and manufacturing	Y
	Computer, electronic, and electrical product manufacturing	Y
	Food production and manufacturing	Y
	Scientific and medical instrument manufacturing	Y
	Nonmetallic mineral product manufacturing	Y
	Printing and related support activities	Y
	Research and development	Y
	Wood and furniture product manufacturing	Y
	Wholesale Trade, Warehousing, Distribution
	Wholesale sales	Y
	Warehousing or distribution of nonflammable, nonhazardous materials	YC
	Moving and storage facilities	Y
	Agricultural Uses
	Accessory rooftop farming and gardening	YC
	Motor Vehicle-Related Uses
	Automobile sales	YC
	Car wash facilities	YC
	Motor vehicle service and repair	YC
	Arts, Entertainment and Recreation
	Instructional studios	Y
	Professional and artist studios	Y
	Studios (television, film, production, recording, radio)	Y
	Offices, nonmedical
	Business incubators	Y
	Business offices	Y
	Co-working space	Y
	Professional offices	Y
	Medical and Health Care
	Medical and dental laboratories and diagnostic services	Y
	Medical offices	Y
	Urgent care facility	Y
	Wellness center	Y
	Veterinary clinic	Y
	Retail Trade
	Automobile sales	YC
	Accessory retail	YC
	Garden center	Y
	Personal and Consumer Services
	Pet grooming and training	Y
	Pet daycare facilities	YC
	Eating and Drinking Establishments
	Accessory restaurant	YC
	Education
	Technical school	Y
	Emergency Services
	Police, Fire, EMT, and ambulance stations	Y

Conditional uses. For areas within the designated L-I Districts, the Planning Board shall not approve any conditional use application for any of the following uses under this section unless the following enumerated specific conditions have been met:

Accessory retail and restaurants. The area of accessory retail space shall not exceed 15% of a building's square footage. The area of accessory restaurant space shall not exceed 20% of a building's total square footage.

Automobile sales.

Outdoor storage. An automobile sales establishment shall comply with the following requirements for outdoor storage:

All outdoor display and service areas, including driveways and parking facilities, shall be paved.

Motor vehicles and equipment shall be kept at least 15 feet from the right-of-way and property lines.

On-site circulation. An automobile sales establishment shall comply with the following requirements for on-site circulation:

Driveways are limited to one driveway per street frontage per 100 linear feet of street frontage and the maximum width of each driveway is 24 feet.

Driveways shall be at least 10 feet from any side lot line 50 feet from the intersection of street lines.

Accessory rooftop farming.

The primary activity to be performed with or without a greenhouse structure shall be the cultivation of plants.

Buildings with structures to contain accessory rooftop farming shall abide by the maximum building height.

Car wash facilities.

All car wash facilities shall be subject to site plan approval and shall provide sufficient off-street drainage so as to eliminate water runoff upon a public right-of-way or adjoining property.

Car wash facilities shall be conducted within a fully enclosed structure.

Car wash facilities shall contain on-site parking, computed on the basis of one parking space for each 400 square feet or part thereof of structure.

No part of the lot on which an automatic car wash facility is operated shall be located within 500 feet of a residential district or within 200 feet of an existing residential use.

An automatic car wash facility shall provide a paved driveway consisting of a minimum of 10 automobile spaces to accommodate automobiles waiting to be washed and an additional paved driveway consisting of a minimum of three automobile spaces to permit the drying of automobiles following washing. Each such automobile space shall measure not less than 20 feet in length and shall be set back not less than 10 feet from any lot line.

Automatic car wash facilities shall be screened from the street and from adjoining properties by fencing, evergreen landscaping, or other suitable screening, in such manner as shall be approved by the Planning Board.

Automatic car wash facilities shall not include a driveway within 50 feet of any street intersection.

Motor vehicle service and repair.

A motor vehicle service and repair station shall be completely enclosed for all operations in a building that meets the dimensions of the underlying zoning.

Storage areas for vehicles waiting for repair shall be provided on the site and shall not occur in the public right-of-way.

All dismantled vehicles, equipment and parts and accessories thereof shall be stored within a building or behind a solid screen fence no less than six feet high. Such fence shall be least 15 feet from the right-of-way and property line.

Outdoor storage areas shall not be permitted in any required yard.

Pet daycare facilities.

Pet daycare facilities are prohibited adjacent to residential properties or medical facilities providing overnight care.

Outdoor exercise yards and/or runs.

Outdoor exercise yards and/or runs shall be surrounded by a fence of at least six feet in height. Fences must be maintained so as to prevent escape of pets.

Outdoor exercise yards and/or runs shall provide an adequate exercise area, protection from the weather, and be landscaped with appropriate absorbent materials such as crushed stone or gravel.

Outdoor exercise yards and/or runs shall be used only between 9:00 a.m. and 6:00 p.m.

All animal quarters and runs are to be kept clean, dry, and in sanitary condition.

Enclosures must be provided which shall allow adequate protection against weather extremes.

Floors of buildings and walls shall be of an impervious material to permit proper cleaning and disinfecting.

All animals shall have fresh water available at all times. Water vessels shall be mounted or secured in a manner that prevents tipping.

On-site waste collection. All on-site waste shall be housed on site, and all waste shall be disposed of in a sanitary manner and on a regular basis to prevent odor and excess accumulation.

Dimensional standards.

	Dimension	L-I
	Lot Dimensions
	Minimum lot area (square feet)	10,000
	Minimum lot width (feet)	50
	Minimum lot depth (feet)	100
	Building Height
	Maximum building height (feet)	46*
	Setbacks and Building Coverage
	Minimum front yard setback (feet)	5**
	Minimum side yard setback (feet)	5
	Minimum rear yard setback (feet)	6
	Setbacks when Abutting Residential District
	Minimum front yard setback (feet)	15
	Minimum side yard setback (feet)	10
	Minimum rear yard setback (feet)	20
	* See Subsection E(1)(a)
	** See Subsection E(1)(b)

General standards for L-I Districts.

Additional building height and setback requirements.

When abutting a residential district, maximum building height shall be 30 feet.

Front yard setbacks. In order to maintain a consistent appearance, front yard setbacks shall be similar to existing front yard setbacks on the block or on adjacent properties within the L-I District.

Operational standards.

Any activity permitted in this district shall be conducted in such a manner as not to have a detrimental effect on adjacent properties by reason of waste, noise, light, vibration, or lack of proper maintenance of grounds or buildings.

Outdoor storage of materials, products, dumpsters, equipment or vehicles, shall be screened by a solid fence or wall no taller than eight feet in height. Materials, products or equipment stored outdoors shall not be piled higher than the height of the fence or wall, nor shall they encroach into required parking and landscape areas.

Businesses adjacent to residential districts.

Businesses adjacent to a residential district shall open no earlier than 7:00 a.m. and close no later than 9:00 p.m. Loading is permitted only between the hours of 8:00 a.m. and 8:00 p.m.

Loading areas or docks shall not be located closer than 60 feet from a residential district.

Loading docks shall be screened with a solid masonry wall at a height to be determined by the Zoning Official.

Doors and windows.

All buildings shall include doors and windows facing the street. Blank walls are not permitted facing the street at ground level.

Ground floors shall have a minimum transparency of at least 40% of the wall area of the ground level for each wall facing a public street.

Exterior lighting.

Applicants shall submit a lighting plan detailing exterior lighting of facades and grounds.

All exterior light fixtures shall be fully shielded and direct light either downward toward the earth's surface and/or toward the building facade.

All exterior light fixtures shall be positioned in such a manner as to direct light away from adjacent property and public rights-of-way.

All lighting sources shall be directed away from reflective surfaces to minimize glare upon adjacent property and public rights-of-way.

Location of parking. Off-street parking areas shall be located to the side or rear of the building.

Open space requirement.

A minimum of 10% of the lot area shall be designed as usable open space.

For the change of use of an existing building, the Planning Board may permit the creation of substitute interior space accessible to building occupants for the required open space in the project, if it finds that it is not practical or desirable to provide exterior open space.

Signs. Applicants shall comply with the sign regulations in Article XV.

[Amended 6-13-2017 by Ord. No. 17-05]

Street numbers. Buildings shall be clearly marked with their street number. Street numbers shall be internally or externally illuminated for visibility at night.

Green buildings.

Landscaping.

All activities on any lot in the Light Industrial (L-I) District that abut a residential zoning district shall be screened from such abutting residential district by landscaping consisting of lawn, massed evergreen and/or deciduous trees, and shrubs of such species and density as will provide, within two growing seasons, a solid and continuous screen throughout the full course of the year.

Evergreen and deciduous shrubs shall have a minimum height of three feet when planted and shall be of varieties that normally grow to a minimum height of six feet within two full growing seasons.

Deciduous trees shall have a minimum caliper of three inches at the time of planting.

Fencing.

Fences are permitted in side and rear yards at a maximum height of six feet.

Fences shall be kept in good repair, consistent with the design thereof. The property owner shall be responsible for maintaining the area between the property line and the fence.

§ 250-69 Attached Townhouse (ATH) District.

Chain-link material used for any fence shall be of dark-colored material, and the posts and other framework forming part of such fence shall be the same color as the chain-link material.

Purpose. The purpose of this chapter with respect to the Attached Townhouse (ATH) District is to provide for medium-density residential townhouses compatible with the suburban character of the City of Englewood, to permit and encourage the preservation of open space, and to mandate adequate highway and perimeter buffers as necessary to accomplish these purposes.

Permitted uses. Within the Attached Townhouse (ATH) District, no land or building shall be used, nor shall any building be constructed, altered or designed to be used, for any purpose other than the following:

Attached townhouse dwellings.

Parks and playgrounds.

Nature preserve and nature study area.

Accessory buildings and structures as hereinafter defined and limited.

Permitted accessory buildings and structures. Within the Attached Townhouse (ATH) District, the following accessory buildings and structures incident to the primary use of the main structure on the premises shall be permitted, subject to the conditions and limitations set forth:

Garage or carport.

Fences, garden walls and other landscape features, including decorative pools, fountains, statuary, terraces, steps, benches and playground equipment. Any chain-link fence shall be clad in a dark-hued vinyl.

Fully enclosed storage space for maintenance equipment and supplies for serving the townhouse community.

Community building to permit gathering of residents for recreation or community business.

Bathhouse, playhouse, greenhouse and similar buildings customarily incidental to residential use, including one central facility for swimming, wading and tennis.

Construction office and sales office for use in connection with the construction and sale of the townhouse dwelling units on the premises, but only until such time as all such units have been completely constructed and initially sold.

Minimum lot size and development requirements.

No site shall be developed for attached townhouse development unless it contains 25 or more acres of contiguous land and has access to a public street.

The provisions of Subsection D(1) shall not be deemed to prohibit the subdivision of any site into individual lots of less than 25 acres in area, provided that all land lying within the area to be developed for attached townhouses, including any such individual lot, shall form part of and be subject to one overall site plan covering the entire tract of not less than 25 acres, such site plan to be reviewed and approved by the Planning Board, and provided that any such separately owned or subdivided lot or parcel of land shall be subject to and covered by the aforesaid comprehensive site plan covering the entire tract, either pursuant to an agreement binding on the owners of all such separate lots or parcels, as well as their successors in title, which shall be approved by the Attorney for the Planning Board, or in such other manner as shall be approved by the Attorney for the Planning Board, to assure that no part of the overall tract shall be developed in any manner except as part of the comprehensive site plan.

In evaluating and acting with respect to any site plan which proposes that all or part of such site is to be divided into individual lots of less than 25 acres, the Planning Board shall insure that each such lot either includes ownership of or has a common right to use such portion of the total area of the entire site as will insure that each such individual lot shall have the benefit of the usable open space requirements set out in Subsection G hereof.[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

The Planning Board is empowered, on site plan review, to require performance and maintenance guarantees in the amounts and for the purposes and durations set forth in N.J.S.A. 40:55D-53, to assure the installation and maintenance of landscaping, recreational facilities and other on-site or necessary improvements.

Lot coverage and dwelling unit density.

Attached townhouse development shall be limited to a maximum of one dwelling unit for each 10,890 square feet of lot area (four units per acre), subject to a density reduction of up to 15% during site plan review when necessary, in the opinion of the Planning Board, for protection of existing arcades, slopes, or other existing natural or topographical features, including preservation of trees, or to insure that the plan conforms with the site plan standards set forth in Article VI, § 250-36B, of this chapter.

The sum of the area of all principal and accessory buildings shall not exceed 17% of the area of the site.

The sum of the area of all principal and accessory buildings and all pavement, including roads, parking areas and driveways, shall not exceed 40% of the area of the site.

Buffer and yard requirements.

A naturalistic landscape buffer strip with a maximum retention of existing trees and vegetation shall be provided around the entire perimeter of the Attached Townhouse (ATH) District for at least the following depths:

West boundary (Route 4): a distance of 200 feet.

North boundary: a distance of 75 feet.

East boundary: a distance of 50 feet.

South boundary: a distance of 50 feet.

No building or structure shall encroach within any buffer strip except for points of ingress and egress, gate enclosures, walls, fences or utilities.

No part of any building shall be constructed less than 25 feet from the paved portion of any street, including any interior or private street, and, for the purpose of permitting and encouraging a broken facade, or a facade which is not parallel to such street, the average distance from the face of such building to the nearest edge of such paving shall be not less than 30 feet.

No portion of any principal building shall be constructed within 25 feet of any perimeter buffer strip required by Subsection F(1) hereof.

Usable open space.

Any site used for attached townhouse purposes shall contain usable open space of an area equal to at least 400 square feet times the number of dwelling units on the site.

Required usable open space of not less than 400 square feet may be assigned as private yards to individual dwelling units to which such space is contiguous.

Required usable open space which is allocated to an individual dwelling unit shall be easily accessible to the occupants of such unit, and usable open space which is allocated to two or more dwelling units shall be easily accessible to the occupant of all such units.

No portion of any required front yard shall be used for required usable open space, and no portion of any required usable open space shall be used for driveways or parking spaces.

No structure of any kind shall be permitted within any required usable open space, except for a swimming pool or other outdoor sport structure, provided that not more than 25% of any such structure shall be covered by a roof.

At least one turf play area shall be provided on the site with a minimum area of 6,000 square feet, with no dimension less than 60 feet and with no finished grade of more than 4%.

Regulations concerning yards and fences.

Within a required yard, except for the projections permitted by Subsection H(2) below, no accessory building or structure shall be permitted except for walls or fences not more than 4 1/2 feet high.

The following restrictions concerning yards shall apply:

Cornices, window boxes, and roof overhangs may project into any required yard a distance of not more than 24 inches.

Belt courses, windowsills, and similar ornamental features may project into any required yard a distance of not more than 12 inches, and chimneys may so project a distance of not more than 18 inches.

Any chain-link fence shall be clad in dark-hued vinyl.

Height limitations.

No principal building shall exceed 32 feet in height.

No accessory building shall exceed 12 feet in height.

Chimneys and flues may exceed the aforesaid height limitations.

Receiving antennas may exceed the height limitation but shall not exceed a height of 45 feet above the ground.

Length of buildings.

No building shall exceed 160 feet in length.

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 six feet after every two dwelling units.

Distances between buildings; windows.

No buildings or groups of attached buildings shall be located closer to each other than a distance of 50 feet.

No window, other than a bathroom or kitchen window, shall be located within 40 feet of any other window on any other building or on the same building, if one such window shall be visible from the other, unless the panels of the walls in which such windows are located intersect (or would intersect, if extended) at an angle of 90° or more.

Off-street parking.

A minimum of two parking spaces shall be provided for each dwelling unit, and the site plan shall clearly indicate the allocation of such spaces to the respective dwelling units.

In addition to the parking spaces required by Subsection L(1) above, one parking space for each two dwelling units shall be provided for guest and visitor parking, which spaces may be in dispersed groupings, provided that such spaces are reasonably convenient to all dwelling units.

§ 250-70 Regulation of diplomatic uses.

Parking spaces, aisles and drives shall conform to the design requirements of Article XII of Part 4, Zoning, of this chapter.

Developer's agreement. A developer's agreement approved by the Planning Board and the Planning Board Attorney shall be executed prior to the issuance of any building permit.

Street trees. Street trees of a species acceptable to the Planning Board, planted at least 50 feet on center and with a minimum planting caliper of three inches, shall be required.

Prohibited locations. No land or building shall be used, nor shall any building be constructed, altered or designed to be used, for the purpose of diplomatic use within any one-family residence district as defined in § 250-59A.

Permissible locations. Within any district as set forth in § 250-54 hereof, other than any one-family residence district, any land or building may be used for the purpose of a diplomatic use to the same extent permitted and subject to the same terms and conditions governing professional or governmental offices within such district.

§ 250-71 Multiple Residence (RMC) District.

Purpose. The purpose of this chapter with respect to the Multiple Residence (RMC) District is to provide for the development of medium-density residential housing, subject to such specific conditions and limitations as set forth herein, so as to be compatible with the suburban character of the City of Englewood, nearby residential areas and adjoining highways.

Permitted uses. Within the Multiple Residence (RMC) District and subject to the specific conditions and limitations set forth in this section, no land or building shall be used, nor shall any building be constructed, altered, or designed to be used, for any purpose other than the following:

Multifamily dwellings.

Parks and playgrounds.

Municipal purposes.

The following accessory uses and accessory buildings and structures incident to the primary use of the main structures on the premises, subject to the conditions and limitations hereinafter set forth:

Garage or carport.

Fences, garden walls and other landscaped features, including decorative pools, fountains, statuary, terraces, steps, benches and playground equipment.

Fully enclosed storage space for maintenance equipment and supplies, a maintenance shop and a management office for servicing the multifamily community.

Bathhouse, playhouse, greenhouse and similar buildings customarily incidental to residential use, including one central facility for swimming, wading and tennis.

Community building to permit gathering of residents for recreation or community business.

Construction office and sales office for use in connection with the construction and sale of units within the multiple-family dwellings on the premises, but only until such time as all such units have been completely constructed and initially sold.

Minimum contiguous acreage. No site shall be developed for multiple-residence development unless it contains a minimum of 30 acres of contiguous land and has access to a public street.

Notwithstanding the contiguous acreage requirements set forth above, the municipal agency may permit the establishment of individual lots of less than the minimum contiguous acreage required, provided that all land lying within the area to be developed for multiple-residence development, including any such individual lots, shall form a part and be subject to one overall site plan covering the entire tract, that such site plan shall be reviewed and approved by the municipal agency and that any such separately owned or subdivided lots or parcels of land shall be subject to and covered by the aforesaid comprehensive site plan covering the entire tract, either pursuant to an agreement binding on the owners of all such separate lots or parcels, as well as their successors in title, which shall be approved by the attorney for the municipal agency, or in such other manner as shall be approved by the attorney for the municipal agency, so as to assure that no part of the overall tract shall be developed in any manner except as part of the comprehensive site plan.

Dwelling unit density. Multiple-residence development shall require a minimum of one unit for each 4,840 square feet (nine per acre) and shall be limited to a maximum of one unit for each 4,356 square feet (10 per acre), subject to a density reduction of up to 10% during site plan review when necessary, in the opinion of the municipal agency, for protection of existing grades, slopes or other existing natural or topographical features, including preservation of trees, or to insure that the plan conforms with the site plan standards set forth in Article VI, Site Plan Review, of this chapter, as amended, provided that such density reduction shall not prohibit less than the minimum number of units required hereunder.

Ground area. The sum of the ground area of all principal and accessory buildings and all pavement, including roads, parking areas and driveways, shall not exceed 45% of the ground area of the site.

Buffer and yard requirements.

A naturalistic landscaped buffer strip with a maximum retention of existing trees and vegetation shall be provided around the entire perimeter of the Multiple Residence (RMC) District for at least the following depths:

Southern boundary along Interstate Highway 95: a distance of 100 feet; provided, however, that, beginning at a point 100 feet easterly from Broad Avenue, as measured along the southerly boundary line, to a point 500 feet easterly therefrom, as measured along said southerly boundary line, parking areas may encroach into the buffer strip to within 38 feet of said southern boundary line.

Eastern boundary adjoining the One-Family Residence (R-D) District: a distance of 75 feet.

Northern boundary adjoining the One-Family Residence (R-B) District: a distance of 30 feet.

Western boundary adjoining Broad Avenue: a distance measured along a line beginning at a point 100 feet easterly from Broad Avenue, as measured along the southerly boundary line, to a point 270 feet easterly from Broad Avenue, as measured along the northerly boundary line.

No building or structure or parking area, except as provided in Subsection F(1)(a) above, shall encroach within any buffer strip, except for points of ingress and egress, gate enclosures, walls, fences or utilities.

No part of any building shall be constructed less than 15 feet from the paved portion of any street or including any interior or private or parking area.

Usable open space.

Any area devoted to multiple-family development shall contain usable open space of an area equal to at least 400 square feet times the number of dwelling units on the site.

Required usable open space of not less than 400 square feet may be assigned as private yards to individual dwelling units to which such space is contiguous.

No portion of any required front yard shall be used for required usable open space, and no portion of any required usable open space shall be used for driveways or parking spaces.

Regulations concerning yards and fences.

Within a required yard, except for the projections permitted by Subsection H(2) below, no accessory building or structure shall be permitted except for walls or fences not more than 4 1/2 feet high.

The following restrictions concerning yards shall apply:

Cornices, window boxes, and roof overhangs may project into any required yard a distance of not more than 24 inches.

Belt courses, windowsills, and similar ornamental features may project into any required yard a distance of not more than 12 inches, and chimneys may so project a distance of not more than 18 inches.

Any chain-link fence shall be clad in dark-hued vinyl.

Height limitations and stories.

No principal building shall exceed 40 feet in height, as measured from the entry level to the top of the ceiling joists of the top living level, with no more than an additional 10 feet from the top of these joists to the highest point of the exterior roof; provided, however, within 100 feet of the eastern boundary of the RMC District, no principal building shall exceed 30 feet in height, as measured from the entry level to the highest point of the exterior roof.

No accessory building shall exceed 12 feet in height.

Chimneys and flues may exceed the aforesaid height limitations.

Receiving antennas may exceed the height limitation but shall not exceed a height of 45 feet above the ground.

No principal building shall exceed four living levels; provided, however, that no facade of any principal building facing east shall exceed three living levels or exceed 40 feet in height, measured from the entry level to the highest point of the exterior roof.

Length of buildings.

No building shall exceed 160 feet in length.

Distances between buildings; windows.

No buildings or groups of attached buildings shall be located closer to each other than a distance of 50 feet.

Off-street parking.

A minimum of two parking spaces shall be provided for each dwelling unit, and the site plan shall clearly indicate the allocation of such spaces to the respective dwelling units.

§ 250-72 Research, Industry and Medical (RIM) District.

In addition to the parking spaces required by Subsection L(1) above, three parking spaces per 10 dwelling units or part thereof shall be provided for guest and visitor parking, which spaces may be in dispersed groupings, provided that such spaces are reasonably convenient to all dwelling units.

Developer's agreement. A developer's agreement approved by the Planning Board and the Planning Board Attorney shall be executed prior to the issuance of any building permits.

Street trees. Street trees of a species acceptable to the municipal agency and having a minimum planting caliper of three inches shall be planted at no more than 50 feet on center along all public streets adjoining the Multiple Residence (RMC) District and along all interior and private roadways, with a minimum planting caliper of three inches.

[Added 11-12-2014 by Ord. No. 14-36[1]]

Purpose. The purpose of this section, with respect to the Research, Industry & Medical (RIM) District, is to permit land uses that reflect contemporary light industrial economies and development trends in research and medicine; to strengthen the identity of this district as a base of local and regional employment; to broaden the presence of research, development, and manufacturing enterprises; and to foster the development of medical and health care facilities that complement the existing medical and health care services located throughout the City. Senior housing is permitted to complement future medical and health care services and to contribute to a sense of a health care village that offers care and living opportunities for older persons. This district already encompasses several multifamily residential complexes created through planned unit developments (PUDs). Therefore, this district also intends, through careful attention to site design and urban design principles appropriate for a city of Englewood's scale and the scale of the blocks and streets within the RIM, to improve the physical appearance of the area, create an orderly developed environment with an engaging public realm and active open spaces, and to foster internal connectivity, mobility, and safety for all modes of transportation within and between properties.

	Land Use Categories and Land Uses	RIM
	Industrial Uses, light
	Apparel manufacturing	Y
	Beverage production and manufacturing	Y
	Computer, electronic, and electrical product manufacturing	Y
	Food production and manufacturing	Y
	Scientific and medical instrument manufacturing	Y
	Nonmetallic mineral product manufacturing	Y
	Printing and related support activities	Y
	Research and development	Y
	Wood and furniture product manufacturing	Y
	Wholesale Trade, Warehousing, Distribution
	Wholesale sales	Y
	Warehousing or distribution of nonflammable, nonhazardous materials	Y
	Moving and storage facilities	Y
	Agricultural Uses
	Accessory rooftop farming and gardening	YC
	Motor Vehicle-Related Uses
	Automobile sales and rental	YC
	Car wash facilities	YC
	Motor vehicle service and repair	YC
	Arts, Entertainment and Recreation
	Studios (television, film, production, recording, radio)	Y
	Offices, nonmedical
	Business offices	Y
	Professional offices	Y
	Medical and Health Care
	Ambulatory surgery center	Y
	Assisted living facility	Y
	Continuing care community	Y
	Hospice	Y
	Medical and dental laboratories and diagnostic services	Y
	Medical offices	Y
	Medical center	Y
	Rehabilitation center	Y
	Skilled nursing facility	Y
	Urgent care facility	Y
	Veterinary hospital	Y
	Wellness center	Y
	Retail Trade
	Accessory retail	YC
	Medical equipment sales	Y
	Eating and Drinking Establishments
	Accessory restaurant	YC
	Education
	Technical school	Y
	Emergency Services
	Police, Fire, EMT, and ambulance stations	Y
	Lodging
	Hotel	Y
	Residential
	Apartment and condominium communities for senior citizens	Y

Conditional uses. For areas within the designated RIM District, the Planning Board shall not approve any conditional use application for any of the following uses under this section unless the following enumerated specific conditions have been met:

Accessory retail and restaurants. The area of accessory retail space shall not exceed 15% of a building's total square footage. The area of accessory restaurant space shall not exceed 20% of a building's total square footage.

Automobile sales and rental.

Automobile sales establishments shall have a fully enclosed sales building with a showroom area accommodating at least three automobiles.

Vehicle service or repair may be performed as an accessory use, but only within a totally enclosed building.

Outdoor storage. An automobile sales or rental establishment shall comply with the following requirements for outdoor storage:

All outdoor display and service areas, including driveways and parking facilities, shall be paved.

Motor vehicles and equipment shall be kept at least 15 feet from the right-of-way and property lines.

Parking areas for rental vehicles shall be located behind the principal structure on the lot.

On-site circulation. An automobile sales or rental establishment shall comply with the following requirements for on-site circulation:

Driveways are limited to one driveway per street frontage per 100 linear feet of street frontage and the maximum width of each driveway is 24 feet.

Driveways shall be at least 10 feet from any side lot line 50 feet from the intersection of street lines.

Accessory rooftop farming. The primary activity to be performed with or without a greenhouse structure shall be the cultivation of plants.

Dimensional standards.

	Dimension	RIM
	Lot Dimensions
	Minimum lot area (square feet)	20,000
	Minimum lot width (feet)	200
	Minimum lot depth (feet)	100
	Building Height
	Maximum Building height (feet)	75
	Setbacks and Building Coverage
	Minimum front yard setback (feet)	15
	Minimum side yard setback (feet)	10
	Minimum rear yard setback (feet)	20
	Setbacks when Abutting Residential District
	Minimum front yard setback (feet)	25
	Minimum side yard setback (feet)	20
	Minimum rear yard setback (feet)	30

General standards for RIM Districts.

Operational standards.

Business adjacent to residential districts.

Loading areas or docks shall not be located closer than 60 feet from a residential district.

Loading docks shall be screened with a solid masonry wall at a height to be determined by the Zoning Official.

Doors and windows.

All buildings shall include doors and windows facing the street. Blank walls are not permitted facing the street at ground level.

Ground floors shall have a minimum transparency of at least 50% of the wall area of the ground level for each wall facing a public street.

Exterior lighting.

Applicants shall submit a lighting plan detailing exterior lighting of facades and grounds.

All exterior light fixtures shall be fully shielded and direct light either downward toward the earth's surface and/or toward the building facade.

All exterior light fixtures shall be positioned in such a manner as to direct light away from adjacent property and public rights-of-way.

All lighting sources shall be directed away from reflective surfaces to minimize glare upon adjacent property and public rights of way.

Location of parking. Off-street parking areas shall be located to the side or rear of the building.

Open space requirement.

A minimum of 10% of the lot area shall be designed as usable open space.

Signs. Applicants shall comply with the sign regulations in Article XV.

[Amended 6-13-2017 by Ord. No. 17-05]

Street numbers. Buildings shall be clearly marked with their street number. Street numbers shall be internally or externally illuminated for visibility at night.

Green buildings.

General building, site, circulation, and public realm design standards for RIM Districts.

Building, site, and circulation design standards.

To create a sense of enclosure and defined space, buildings shall be arranged so that they frame and define the fronting streets, giving deliberate form to streets and sidewalk areas.

Buildings shall be set back a similar distance from the property line.

Exposure of the backs of buildings along major thoroughfares shall be avoided through appropriate building orientation and screening.

Sidewalks shall be designed to be part of an interconnected network of pedestrian paths within the property lines and shall connect to sidewalks outside of the property line.

Pedestrian walkways shall be provided along and/or through parking areas to building entrances.

Crosswalks shall be applied at appropriate locations where pedestrians might frequently cross a driveway or internal access road.

Traffic calming infrastructure such as raised crosswalks should be installed within driveways, parking areas, and internal access roads to promote safe passage for both pedestrians and motorists.

Special treatments for bicycle circulation on site should be considered, including the provision of sheltered or unsheltered bicycle parking.

Access to public transit should be considered in the design of the site, driveways, sidewalks, and access roads. Bus shelters should be provided.

To the extent the forgoing criteria do not impose an objective standard in feet, percentage or other objective criteria, a variance therefrom shall be considered a design waiver rather than a zoning variance and shall be considered as such in the discretion of the appropriate land use board.

Public realm design standards.

Internal streetscapes and streetscapes along public streets should consist of street trees or and other appropriate landscape features, street furniture, and streetlights. The types/designs should complement existing streetscape features located throughout the City.

Wayfinding elements such as gateway treatments, banners affixed to streetlights, and directional signs are encouraged and should be coordinated with existing or proposed wayfinding systems within the City of Englewood.

Landscaping.

All activities on any lot in the RIM District that abut a residential zoning district shall be screened from such abutting residential district by landscaping consisting of lawn, massed evergreen and/or deciduous trees, and shrubs of such species and density as will provide, within two growing seasons, a solid and continuous screen throughout the full course of the year.

Evergreen and deciduous shrubs shall have a minimum height of three feet when planted and shall be of varieties that normally grow to a minimum height of six feet within two full growing seasons.

Deciduous trees at the time of planting shall have a minimum caliper of three inches.

Fencing.

Fences are permitted in rear yards at a maximum height of six feet.

Fences shall be kept in good repair, consistent with the design thereof. The property owner shall be responsible for maintaining the area between the property line and the fence.

Chain-link material used for any fence shall be of dark-colored material, and the posts and other framework forming part of such fence shall be the same color as the chain-link material.

§ 250-73 Multiple Residence (RMD) District.

Editor's Note: This ordinance also repealed former § 250-72, Office Industrial (OI) District, as amended.

Purpose. The purpose of this chapter with respect to the Multiple Residence (RMD) District is to provide for moderate-density residential housing and townhouses compatible with the suburban character of the City of Englewood, to provide additional new housing to persons of moderate income and to permit and encourage the preservation of open space and perimeter buffers as necessary to accomplish these purposes.

Permitted uses. Within the RMD District, no land or building shall be used, nor shall any building be constructed, altered or designed to be used, for any purpose other than the following:

Attached townhouse dwellings.

Multifamily dwellings.

Parks and playgrounds.

Nature preserve and nature study area.

Accessory buildings and structures as hereinafter defined and limited.

Permitted accessory buildings and structures. Within the RMD District, the following accessory buildings and structures incident to the primary use of the main structure on the premises shall be permitted, subject to the conditions and limitations set forth:

Garage or carport.

Fully enclosed storage space for maintenance equipment and supplies for serving the townhouse or multifamily community.

Community building to permit gathering of residents for recreation or community business.

Bathhouse, playhouse, greenhouse and similar buildings customarily incidental to residential use, including one central facility for swimming, wading and tennis.

Construction, sales or rental office for use in connection with the construction, sale or rental of townhouse or multifamily dwelling units of the premises, but only until such time as all such units have been completely constructed and initially sold or rented.

Minimum lot size and development requirements.

No site shall be developed for moderate-density housing or townhouse development unless it contains four or more acres of contiguous land and has access to a public street.

Any area dedicated or conveyed to either the City of Englewood or the County of Bergen to any public purpose, including parklands, street construction or street widening, shall not be deemed to reduce the size of the site for the purposes of complying with the minimum lot size regulations, lot coverage and dwelling unit density regulations, yard requirements or usable open space requirements.

The provisions of Subsection D(1) shall not be deemed to prohibit the subdivision of any site into individual lots of less than four acres in area, provided that all land lying within the area to be developed for attached townhouses, including any such individual lot, shall form part of and be subject to one overall site plan covering the entire tract of not less than four acres, such site plan to be reviewed and approved by the municipal agency, and provided that any such separately owned or subdivided lot or parcel of land shall be subject to and covered by the aforesaid comprehensive site plan covering the entire tract, either pursuant to an agreement binding on the owners of all such separate lots or parcels, as well as their successors in title, which shall be approved by the attorney for the municipal agency, or in such other manner as shall be approved by the attorney for the municipal agency, to assure that no part of the overall tract shall be developed in any manner except as part of the comprehensive site plan.

In evaluating and acting with respect to any site plan which proposes that all or part of such site is to be divided into individual lots of less than four acres, the municipal agency shall insure that each such lot either includes ownership of or has a common right to use such portion of the total area of the entire site as will insure that each such individual lot shall have the benefit of the usable open space requirements set out in Subsection G hereof.

The municipal agency is empowered, on site plan review, to require performance and maintenance guarantees in the amounts and for the purposes and durations set forth in N.J.S.A. 40:55D-53, to assure the installation and maintenance of landscaping, recreational facilities and other on-site or necessary improvements.

Lot coverage and dwelling unit density.

Moderate-density townhouse development shall be limited to a maximum of one dwelling unit for each 6,222 square feet of lot area (seven units per acre).

Moderate-density multifamily residences shall be limited to one dwelling unit for each 3,630 square feet of lot area (12 units per acre), subject to a density reduction of up to 15% during site plan review when necessary, in the opinion of the municipal agency, for protection of existing grades, slopes, or other existing natural or topographical features, including preservation of trees, or to insure that the plan conforms with the site plan standards set forth in Article VI, § 250-36B, of this chapter.

The sum of the area of all principal and accessory buildings shall not exceed 25% of the area of the site.

The sum of the area of all principal and accessory buildings and all pavement, including roads, parking areas, driveways and walks, shall not exceed 45% of the area of the site.

Buffer and yard requirements.

Every effort shall be made to save and preserve existing trees within 20 feet of the entire perimeter of any site in the Multiple Residence (RMD) District.

No principal building or accessory structure shall be constructed unless in compliance with the following yard requirements:

Front yard from an existing public street: a distance of 30 feet.

Side yard from a perimeter property line: a distance of 25 feet or building height, whichever is greater.

Rear yard from a perimeter property line: a distance of 35 feet.

No part of any building shall be constructed less than 20 feet from the paved portion of any interior street. Any enclosed garages shall be set back a minimum of 23 feet from the paved portion of any interior street. No exterior, at-grade parking, unrelated to a garage, shall be constructed less than 15 feet from a building.

A perimeter planting buffer area, consisting entirely of grass or other living plants, shall be provided for a width of eight feet adjacent to the side lot lines and rear lot line of the site.

Usable open space.

Any site used for moderate-density multifamily residential or townhouse purposes shall contain usable open space of an area equal to at least 400 square feet times the number of dwelling units of the site.

With respect to townhouse development, required usable open space of not less than 400 square feet may be assigned as private yards to individual dwelling units to which such space is contiguous.

Required usable open space which is allocated to an individual dwelling unit shall be easily accessible to the occupant of such unit, and usable open space which is allocated to two or more dwelling units shall easily be accessible to the occupants of all such units.

No portion of any required front yard shall be used for required usable open space, and no portion of any required usable open space shall be used for driveways or parking spaces.

No structure of any kind shall be permitted within any required usable open space, except for a swimming pool or other outdoor structure, provided that not more than 25% of any such structure shall be covered by a roof.

Regulations concerning yards and fences.

Within a required yard, except for the projections permitted by Subsection H(2) below, no accessory building or structure shall be permitted, except for walls or fences not more than 4 1/2 feet high.

The following restrictions concerning yards shall apply:

Cornices, window boxes, and roof overhangs may project into any required yard a distance of not more than 24 inches.

Belt courses, windowsills, and similar ornamental features may project into any required yard a distance of not more than 12 inches, and chimneys may so project a distance of not more than 18 inches.

All parts of any chain-link fence shall be clad in dark-hued vinyl.

Height limitations.

No principal building shall exceed 35 feet in height.

No accessory building shall exceed 12 feet in height.

Chimneys and flues may exceed the aforesaid height limitation, but shall not exceed a height of 45 feet above the ground.

Receiving antennas may exceed the height limitation, but shall not exceed a height of 45 feet above the ground.

Length of buildings.

No building shall exceed 160 feet in length.

Distance between buildings; windows.

No buildings or groups of attached buildings shall be located closer to each other than a distance of 35 feet.

No window, other than a bathroom or kitchen window, shall be located within 35 feet of any other window on any other building or on the same building, if one such window shall be visible from the other, unless the panels of the walls in which such windows are located intersect (or would intersect, if extended) at an angle of 90° or more.

Off-street parking.

A minimum of two parking spaces shall be provided for each dwelling unit, and the site plan shall clearly indicate the allocation of such spaces to the respective dwelling units.

§ 250-74 Multiple Residence (RME) District.

Parking spaces, aisles and drives shall conform to the design requirements of Article XII of Part 4, Zoning, of this chapter.

Developer's agreement. A developer's agreement approved by the municipal agency and the governing body shall be executed prior to the issuance of any building permit.

Street trees. Street trees shall be required along public and private roadways of a species and specimen shape acceptable to the Planning Board, planted no further apart than 45 feet, and with a minimum planting caliper of three inches.

Purpose. The purpose of this chapter with respect to the Multiple Residence (RME) District is to provide for low-density multifamily residential housing compatible with the suburban character of one-family residential districts within the City of Englewood and to permit and encourage the preservation of open space and perimeter buffers as necessary to accomplish these purposes.

Permitted uses. Within the RME District, no land or building shall be used, nor shall any building be constructed, altered or designed to be used, for any purpose other than the following:

Multifamily dwellings.

Parks and playgrounds.

Nature preserve and nature study area.

Accessory structures as hereinafter defined and limited.

Home professional office or studio of an architect, artist, clergyperson, engineer, land surveyor, attorney, musician, planner, psychologist, sculptor, tutor or similar profession, excluding dentists and physicians, as conditional accessory uses, subject to the conditions and limitations set forth below:

The professional office or studio shall be operated by a person whose principal residence is within the dwelling unit in which the studio or office is located.

Not more than three persons, including the resident-operator or resident-operators, shall be employed or engaged in the operation of the office or studio at any one time.

Not more than three clients, patients, customers, students or other persons shall be served at any one time.

The office or studio shall not exceed 400 square feet in floor area, or 20% of the aggregate floor area of the dwelling in which it is located, whichever is smaller.

Any such conditional accessory use shall comply with all applicable off-street parking requirements for such a use.

Permitted accessory buildings and structures. Within the RME District, the following accessory structures incident to the primary use of the main structure on the premises shall be permitted, subject to the conditions and limitations set forth:

Fully enclosed storage space for maintenance equipment and supplies for serving the multifamily community, within the principal structure.

Community rooms to permit gathering of residents for recreation or community business, within the principal structure.

Outdoor swimming pools.

Construction, sales or rental office for use in connection with the construction, sale or rental of the multifamily dwelling units on the premises, but only until such time as all such units have been completely constructed and initially sold or rented.

Minimum lot size and development requirements.

No site shall be developed for low-density multifamily residential development unless it contains three or more acres of contiguous land and has access to a public street.

Areas required to be dedicated to any public purpose, including parks, street construction or street widening, shall not be deemed to reduce the size of the site for purposes of determining compliance with the three-acre minimum lot size.

The municipal agency is empowered, on site plan review, to require performance and maintenance guarantees in the amounts and for the purposes and durations set forth in N.J.S.A. 40:55D, to assure the installation and maintenance of landscaping, recreational facilities and other on-site or necessary improvements.

Lot coverage and dwelling unit density.

Low-density multifamily residential development shall be limited to a maximum of one dwelling unit for each 7,260 square feet of lot area (six units per acre). In computing the maximum number of units, any fractions shall be rounded downward to the nearest whole number.

The sum of the area of all buildings shall not exceed 15% of the area of the site.

The sum of the area of all buildings and all pavement, including roads, parking areas, driveways and walks, and other impervious surfaces shall not exceed 45% of the area of the site.

No more than one principal building shall be permitted on the site.

Buffer and yard requirements.

Every effort shall be made to save and preserve existing trees within the perimeter planting buffer area, as hereinafter defined, of any site in the Multiple Residence (RME) District.

No principal building or accessory structure shall be constructed unless in compliance with the following yard requirements:

Front yard from an existing public street: a distance of 70 feet.

Side yard from a perimeter property line: a distance of 35 feet or building height, whichever is greater.

Rear yard from a perimeter property line: a distance of 250 feet.

A perimeter planting area, consisting entirely of grass or other living plants, shall be provided for a width of eight feet adjacent to the side lot lines and rear lot line of the site.

Usable open space.

Any site used for low-density multifamily residential purposes shall contain usable open space of an area equal to at least 2,000 square feet times the number of dwelling units on the site.

Required usable open space which is allocated to an individual dwelling unit shall be easily accessible to the occupant of such unit, and usable open space which is allocated to two or more dwelling units shall be easily accessible to the occupants of all such units.

No portion of any required front yard shall be used for required usable open space, and no portion of any required usable open space shall be used for driveways or parking spaces.

No structure of any kind shall be permitted within any required usable open space, except for a swimming pool.

Regulations concerning yards and fences.

Within a required yard, except for the projections permitted by Subsection H(2) below, no accessory building or structure shall be permitted, except for walls or fences not more than 4 1/2 feet high.

The following restrictions concerning yards shall apply:

Cornices, window boxes, and roof overhangs may project into any required yard a distance of not more than 24 inches.

Belt courses, windowsills, and similar ornamental features may project into any required yard a distance of not more than 12 inches, and chimneys may so project a distance of not more than 18 inches.

All parts of any chain-link fence shall be clad in dark-hued vinyl.

Height and length limitations.

No building shall exceed 40 feet in height.

Chimneys and flues may exceed the aforesaid height limitations.

Receiving antennas may exceed the height limitation but shall not exceed a height of 45 feet above the ground.

No building shall exceed 160 feet in length.

Off-street parking.

A minimum of two parking spaces shall be provided for each dwelling unit, and the site plan shall clearly indicate the allocation of such spaces to the respective dwelling units.

In addition to the parking spaces required by Subsection J(1) above, one parking space for each two dwelling units shall be provided for guest and visitor parking, which spaces may be in dispersed groupings, provided that such spaces are reasonably convenient to all dwelling units.

Parking spaces, aisles and drives shall conform to the design requirements of Article XII of Part 4, Zoning, of this chapter.

No parking spaces shall be permitted within the required front yard; provided, however, that, in the case of a corner lot, parking may be permitted within the front yard of the less-traveled street, provided it is set back at least 20 feet from the street line.

Developer's agreement. A developer's agreement approved by the municipal agency and the governing body shall be executed prior to the issuance of any building permit.

§ 250-75 Open Space (OS) District.

[Added 7-16-1996 by Ord. No. 96-26]

Purpose. The purpose of this chapter with respect to the Open Space (OS) District is to preserve open space within the City of Englewood for outdoor recreation or parkland, to enhance the visual perception of openness, and to provide and preserve adequate light, air, and open space within the City of Englewood.

Permitted uses. Within the Open space (OS) District, no land or building shall be used, nor shall any building be constructed, altered, or designed to be used, for any purpose other than the following:

Public parks and other public recreational facilities intended to remain in perpetuity.

Public or private natural conservation areas intended to remain as such in perpetuity.

Permitted accessory buildings and structures. The following accessory structures and buildings incident to the primary use shall be permitted, subject to the conditions and limitations hereinafter set forth:

Living quarters for a watchperson or caretaker and family employed in such capacity.

Nature conservancy interpretive buildings.

§ 250-76 Planned Unit Development 1 (PUD-1) Overlay District.

Accessory structures and buildings customarily incidental to the permitted uses, including storage buildings, rest rooms, open-sided shelter areas, such as gazebos, benches, and pedestrian walkways.

Yard and height requirements. Principal and accessory structures and buildings shall comply with the yard requirements and the height limitations governing the R-AA One-Family Residence District (for lots having an area of 44,000 square feet or more), regardless of lot size, as same is set forth in § 250-59I and K of Article XI of Part 4, Zoning, of this chapter.

[Added 7-16-2002 by Ord. No. 02-12; amended 9-13-2011 by Ord. No. 11-11]

Zoning standard for PUD-1 Overlay District.

Purpose.

The purpose of this chapter with respect to the Planned Unit Development 1 (PUD-1) Overlay District is to provide for the development of an area as a single entity according to a plan containing both residential and nonresidential uses, subject to such specific conditions and limitations as set forth herein, so as to foster mixed-use development in appropriate locations within the City of Englewood specified in the underlying zoning district.

The further purpose of this chapter, as amended, is to continue the regulation of certain areas formerly zoned PUD-1 for which some development approvals have previously been granted but to modify the conditions and limitations upon which further development may be permitted so as to foster mixed-use development in appropriate locations within the City of Englewood specified in the underlying zoning district. Among other things, the purpose of this chapter is to permit certain further residential and nonresidential development within two areas within the PUD-1 Overlay District, defined and designated in Subsection B(2) as the Supplemental Development Area and the North Office Pad, but only subject to specific conditions and limitations set forth herein which are intended to foster mixed development in the overlay zone.

Permitted uses. Within the Planned Unit Development 1 (PUD-1) Overlay District and subject to the specific conditions and limitations set forth in this section, no land or building shall be used, nor shall any building be constructed, altered or designed to be used, for any purpose other than the following:

Multifamily dwellings.

Attached townhouse dwellings.

Business, professional or governmental offices.

Hotels and conference centers.

Ancillary retail uses, including banks, restaurants and retail sales and services.

Accessory parking decks and structures.

Accessory uses to permitted principal uses.

General site zoning. Any planned unit development shall comply with the following specific conditions and limitations:

Minimum aggregate area: 12 acres. Contiguous lot or lots separated by public streets or rights-of-way, other than divided highways, may be combined for the purpose of calculating aggregate area.

Maximum impervious coverage: 80%.

Floor area ratio is calculated on the basis of the total aggregated lot size (minimum size is 12 acres) of the site plan.

Maximum floor area ratio for combined commercial development and hotel/conference center (ratio of total gross floor area constructed to total lot area): 0.72 (Floor area ratio excludes parking and parking decks.), except as hereinafter provided.

Maximum floor area ratio for residential development (ratio of total gross residential floor area constructed to total lot area): 0.75. (Maximum floor area ratio includes all levels of parking decks.)

Density of residential units (attached townhouse or multifamily dwellings):

Twenty-five multifamily dwelling units per acre of total aggregated lot size.

Seven and one-half attached townhouse units per acre of total aggregated lot size.

For any combination of multifamily dwelling units and attached townhouse units, the permissible number of multifamily dwelling units shall be reduced by 25 for each 7.5 attached townhouse units or part thereof.

Minimum ten-inch planting buffer between any existing industrial use.

Minimum twenty-percent landscaped pervious area.

Signage shall comply with the provisions of § 250-64M of Part 4, Zoning, of this chapter.

Office zoning. The development of business, professional and governmental office uses shall comply with the following specific conditions and limitations:

Maximum height. Building height shall be limited to 10 stories and 120 feet (including parking deck structures).

Maximum gross square footage of ancillary retail space: the lesser of 5% of total gross floor area or 30,000 square feet.

Office buildings may not be constructed within 100 feet of Overpeck Creek channel walls.

Parking: 4.0 spaces for every 1,000 square feet of gross floor area, including retail areas for buildings under 100,000 square feet, or 3.5 spaces for every 1,000 square feet of gross floor area, including retail areas for buildings having 100,000 square feet or more.

Setback from existing hotel and/or office use: 30 feet.

Setback from existing residential use: 50 feet.

Notwithstanding the maximum height and maximum floor area ratio for combined commercial development and hotel/conference center, for each one-percent increase in landscaped pervious area over and above the 20% required, an increase in floor area ratio will be permitted of 0.01, and one story and 12 feet will be added to the permitted height, up to a maximum floor area ratio for combined commercial development and hotel/conference center of 0.75, a maximum number of 12 stories and a maximum height of 144 feet.

Hotel and conference center zoning. The development of hotel and conference center uses shall comply with the following specific conditions and limitations:

Maximum height: the lesser of 10 stories or 120 feet.

A hotel or conference center may not be constructed within 100 feet of Overpeck Creek channel walls.

Parking: 1.2 spaces for each room, plus 10 spaces per 1,000 square feet of conference center. "Conference center" is defined as the gross square footage of all space encompassing conference rooms and auxiliary rooms that service the conference rooms (excluding kitchen area).

Setback from existing hotel and/or office use: 30 feet.

Setback from existing residential use: 50 feet.

Multifamily zoning. The development of multifamily residential dwellings shall comply with the following specific conditions and limitations:

Maximum height: the lesser of five stories or 59 feet in height.

Maximum area of single building coverage: 48,000 square feet.

Parking: in accordance with the New Jersey Residential Site Improvement Standards (RSIS), plus 3.5 spaces for each 1,000 square feet of ancillary retail gross floor area.

Maximum ancillary retail space shall not exceed the lesser of 15% of the gross floor area or 30,000 square feet, whichever is less.

Setback from existing hotel and/or office use: 30 feet.

Townhouse zoning. The development of attached townhouse dwelling units shall comply with the following specific conditions and limitations:

Maximum height: 35 feet, not to exceed three stories.

Maximum area of single building: 4,500 square feet.

Maximum gross floor area: 13,500 square feet.

Parking: three spaces for each townhouse unit.

Setback from another townhouse building: minimum 20 feet.

Setback from multifamily residential, office or hotel/conference center: minimum 30 feet.

Parking deck zoning. The development of parking decks shall comply with the following specific conditions and limitations:

Maximum height: the lesser of seven stories or 84 feet.

Parking decks may not be constructed within 100 feet of Overpeck Creek channel walls.

Setback from residential use: 30 feet, unless used to serve residential units.

Required ranges between residential and nonresidential. To insure an appropriate balance of nonresidential to residential uses within a planned unit development, the following range of nonresidential uses to residential uses is hereby required and shall be specified and depicted on any site plan required in connection therewith.

There shall be no more than 30 residential units (either multiple-family dwelling units or attached townhouse dwelling units) for each 20,000 square feet of nonresidential development (excluding parking).

The land area within a planned unit development designated for residential development shall not exceed 75% of the total land area within the planned unit development, inclusive of parking.

Zoning standards for further development in the Supplemental Development Area and North Office Pad within the PUD-1 Overlay Zone.

Title and scope. This subsection may be referred to as the "PUD Supplemental Development Area Standards (PUD-SDA Standards)." It establishes standards for further development in the Supplemental Development Area and North Office Pad areas within the PUD-1 Overlay Zone as defined and designated in Subsection B(2).

Definitions. Except as otherwise expressly stated in this section, the following terms shall have the following meanings:

FURTHER DEVELOPMENT

Development which receives preliminary or final site plan approval after June 1, 2011.

GROSS FLOOR AREA

The sum of the gross horizontal internal areas of all the floors of a building (or buildings), measured from the exterior faces of exterior walls or from the center line of walls common to two buildings, except that the floor area shall include only 75% of any basement or cellar space and shall exclude any parking or parking structures.

NORTH OFFICE PAD

Block 2518, Lot 1.01.

QUALIFIED RETAIL USES

Facilities for the sale of goods or services to the public, but excluding facilities in which the predominant good or service sold is:

Paint.

Hardware.

Appliances.

Clothing.

Shoes.

Jewelry.

Cameras.

Finished works of art.

Liquor, but not excluding:

Qualified retail uses in which wine, beer or liquor is sold for consumption on site; and

Qualified retail uses which sell wine, beer or liquor for external consumption, but whose predominant business on site is the sale of other goods or services, provided that no more than 20% of the shelf space is devoted to wine, beer or liquor products.

SUPPLEMENTAL DEVELOPMENT AREA

Bicycles.

(k)

Eyeglasses or contact lenses (optician).

(l)

Stationary or greeting cards.

The area encompassed by Block 2602, Lot 3.01, Block 2602, Lot 3.02, Block 2602, Lot 3.03, Block 2602, Lot 3.04, Block 2605, Lot 1.01, and Block 2605, Lot 1.02, as designated on the official Tax Map of the City of Englewood.

SUPPLEMENTAL MULTIFAMILY HOUSING

One hundred ninety five multifamily residential dwellings, excluding those that had received preliminary or final site plan approval prior to January 1, 2007.

Applicability. Except as otherwise provided within the PUD-SDA Standards, further development within the Supplemental Development Area and North Office Pad shall be governed by the PUD-1 Overlay Zone [codified as § 250-76A(1) et seq.] and the PUD-SDA Standards. Where there is any conflict or inconsistency as to the standards governing such development, the PUD-SDA Standards shall control. The PUD-SDA Standards do not govern development in the PUD-1 Overlay Zone other than within the Supplemental Development Area and the North Office Pad.

Additional permitted and nonpermitted uses.

Within the Supplemental Development Area and North Office Pad, and subject to the specific conditions and limitations set forth in this section, the following uses shall be permitted in addition to those permitted in the PUD-1 Overlay Zone:

Qualified retail uses.

Within the Supplemental Development Area and North Office Pad, ancillary retail uses as defined in Subsection A(2)(e) are prohibited.

Supplemental multifamily housing.

Supplemental multifamily housing shall be permitted only in the Supplemental Development Area.

Except as expressly stated to the contrary, supplemental multifamily housing shall comply with the standards set forth in the PUD-1 Overlay Zone for multifamily housing and shall also comply with the following standards:

Maximum number of units: 195.

Maximum gross floor area: 257,400 square feet.

Twenty percent of the 15 units reserved for low and moderate income households shall be three bedroom units. The remainder of the 195 units shall not include any units with more than two bedrooms.

[Amended 6-10-2014 by Ord. No. 14-18]

Parking: in accordance with the New Jersey Residential Site Improvement Standards (RSIS). Because of the location, anticipated demographic characteristics of residents, and availability of mass transit, an applicant for development approval of supplemental multifamily housing shall have the right, upon request, to utilize an alternative parking standard under the RSIS of 1.6 parking spaces for each dwelling unit.

Supplemental multifamily housing shall not be included in the maximum floor area ratio for residential development set forth in the PUD-1 Overlay Zone standards, but the aggregate gross floor area for all supplemental multifamily housing shall not exceed 257,400 square feet.

Supplemental multifamily housing shall not be subject to the standards for density of residential units (attached townhouse or multifamily dwellings) set forth in the PUD-1 Overlay Zone, but the total number of supplemental multifamily housing units shall not exceed 195 units.

Supplemental multifamily housing shall not be subject to the standards for maximum area of single building coverage for multifamily housing in the PUD-1 Overlay Zone.

Supplemental multifamily housing shall not be subject to standards for parking for multifamily housing in the PUD-1 Overlay Zone.

Office buildings.

Office buildings shall be permitted within the North Office Pad and the Supplemental Development Area, including medical offices.

The gross floor area of any office building within the Supplemental Development Area or the North Office Pad shall not be less than 40,000 square feet nor exceed 200,000 square feet.

Qualified retail zoning. The development of qualified retail uses shall comply with the following specific conditions and limitations:

Qualified retail uses shall be permitted only in the Supplemental Development Area.

Maximum aggregate gross floor area: 15,000 square feet.

Maximum gross floor within a single store:

Restaurant or specialty grocery store: 15,000 square feet.

Other qualified retail use: 10,000 square feet.

Maximum height: the lesser of two stories or 30 feet.

Parking: one space per 250 square feet of floor area.

Zoning standards for existing north residential pad parcel and north existing retail pad parcel.

Title and scope. This subsection may be referred to as the "PUD Existing North Development Area (PUD-ENDA) Standards." It establishes standards for the current developed areas in the North Residential Pad parcel and the North Retail Pad parcel as defined and designated in Subsection C(2).

Definitions. Except as otherwise expressly stated in this section, the following terms shall have the following meanings:

NORTH RESIDENTIAL PAD

Block 2517, Lot 3.03.

NORTH RETAIL PAD

Block 2518, Lot 1.02.

Applicability.

Except as otherwise provided within the PUD-ENDA Standards, development within the North Residential Pad and the North Retail Pad, i.e., the PUD-ENDA, shall be governed by the PUD-1 Overlay Zone [codified as § 250-76A(1) et seq.] and the PUD-ENDA Standards. Where there is any conflict or inconsistency as to the standards governing such development, the PUD-ENDA Standards shall control. The PUD-ENDA Standards do not govern development in the PUD-1 Overlay Zone other than within the North Residential Pad and the North Retail Pad.

Zoning compliance for applications for development for parcels in the PUD-ENDA shall be calculated without reference to any parcels in the Supplemental Development Area or the North Office Pad, and the owners of any parcels in the Supplemental Development Area or of the North Office Pad need not be parties to any such applications, regardless of the existence of any approvals involving those parcels prior to the adoption of this provision. However, calculations for parking in the PUD-ENDA may include parking spaces in the Supplemental Development Area or the North Office Pad, if there is a permanent easement of record which provides parking rights pursuant to any such prior approval.

Specific standards for PUD-ENDA. Notwithstanding anything to the contrary set forth in the PUD-1 Overlay District [codified as § 250-76A(1) to (9)], the following provisions shall replace and supersede, only in the PUD-ENDA, the density and linkage requirements of the PUD-1 Overlay District:

Density of residential units (multifamily dwellings): 30 multifamily dwelling units per acre of total aggregated lot size.

§ 250-77 Multiple Residence (RMF) District.

Required ranges between residential and nonresidential: Deleted in the PUD-ENDA.

[Added 10-14-2003 by Ord. No. 03-14]

Purpose. The purpose of this chapter with respect to the Multiple Residence (RMF) District is to provide for the development of an area for multiple-family housing compatible with the adjacent Planned Unit Development 1 (PUD-1) Overlay Zoning District, subject to such specific conditions and limitations as set forth herein, consistent with the recommendations set forth in the 2003 Englewood Master Plan.

Permitted uses. Within the Multiple Residence (RMF) District and subject to the specific conditions and limitations set forth in this section, no land or building shall be used, nor shall any building be constructed, altered or designed to be used, for any purpose other than the following:

Multifamily dwellings.

Recreational uses, provided no building used therefor shall exceed a lot coverage of 5%.

Parks and playgrounds.

Municipal purposes.

The following accessory uses within a principal multifamily dwelling building:

Laundry rooms.

Garages and on-site parking.

Recreational rooms.

General site zoning. Within the Multiple Residence (RMF) District, no multifamily dwelling building shall be constructed, except in compliance with the following specific conditions and limitations:

Minimum lot area: seven acres.

Maximum impervious coverage: 70% of lot area.

Building coverage:

A single building shall not exceed a coverage of 24,000 square feet.

The total building coverage shall not exceed 25% of the lot area.

Minimum yard requirements:

Front yard setback from Cedar Lane: 125 feet.

Side yard setback: 30 feet.

Combined side yard setback: 100 feet.

Rear yard setback: 75 feet (exclusive of access easements to State Highway Route 4).

Maximum residential floor area ratio (ratio of total residential floor area to total lot area): 80%.

Density of multifamily dwellings: 25 multifamily dwelling units per acre of total lot size.

Access. A residential development shall have pedestrian and vehicular access to an improved county or City of Englewood public street with direct access to a county or local roadway network (exclusive of divided state highways). In addition, there shall be a second pedestrian access to another improved county or City of Englewood public street with direct access to a county or local roadway network (exclusive of divided state highways).

Buffer. A minimum twenty-foot planting buffer is required on all side yards and shall be fully landscaped and approved by the Planning Board. A pedestrian walkway shall be permitted within the required buffer strip abutting the canal.

Maximum height: the lesser of 59 feet or five stories (inclusive of parking levels).

Roadways. No more than one interior roadway shall be constructed on a lot.

Landscaping. Landscaping of the site must be reviewed and approved by the Planning Board. Landscaping shall be utilized to enhance the appearance of the development both from on-site viewpoints and off-site viewpoints. Existing vegetation, wherever deemed desirable by the Planning Board, shall be preserved to the extent practicable.

Design considerations.

The residential building designs shall be reviewed by the Planning Board and approval based on the compatibility of the design with the anticipated mix-use design of the overlay zone to the east of the subject lot and the golf course to the west of the lot.

Architectural review shall be performed by the Planning Board and shall include color, texture, materials as well as overall design.

View lines. View lines from the east of the canal facing west to the golf course shall be preserved in the following manner:

No single building shall exceed 350 feet in length.

No single building shall exceed 24,000 square feet of coverage.

A minimum of 110 feet shall exist between any two buildings.

A minimum of 30% of the lot depth and width shall be open, without obstruction.

Available pedestrian access. Pedestrian access shall be provided along 100% of the canal frontage. Pedestrian access shall be provided to and from the site to the mixed-use overlay district.

§ 250-78 (Reserved) [1]

§ 250-78.1 Downtown Redevelopment Overlay (DRL) Zone.

Editor’s Note: Former § 250-78, South Dean Street (SDS) Retail Zoning District, added 11-12-2003 by Ord. No. 03-13, was repealed 11-12-2014 by Ord. No. 14-35.

[Added 8-12-2014 by Ord. No. 14-26A]

Zoning criteria. The following zoning criteria apply to the DRL Zone.

Permitted uses: Multifamily residential and associated ground floor retail/commercial space.

Minimum lot size: two acres.

Minimum frontage on a City street: 200 feet.

Maximum building height: five stories and 60 feet to the top of roof parapet, excluding typical rooftop appurtenances, such as required elevator and stair bulkheads, chimneys, all of which may exceed the maximum height by no more than 10 feet for a maximum of 15% of the roof area. Along Englewood Avenue, the above shall apply to no more than 100 lineal feet. Any frontage above 100 lineal feet along Englewood Avenue shall be no more than four stories or 46 feet in height to the top of the roof parapet, for a step-back distance of 35 feet from the property line. At 35 feet stepped back from the property line, the maximum building height shall be five stories and 60 feet.

Minimum front yards:

William Street: five feet.

Englewood Avenue: 15 feet.

Humphrey Street: six feet.

Maximum building coverage: The maximum building coverage shall not exceed 88% of the lot size.

Maximum density: The maximum density shall not exceed 80 dwelling units per acre or 197 dwelling units in total for the site, whichever is less. The minimum density shall be 165 dwelling units.

Minimum parking requirement: The minimum parking requirement shall be 1.7 vehicles per dwelling unit. There shall be no parking requirement for commercial or other nonresidential space.

Parking space dimensions.

For indoor residential parking garages or at-grade parking the following shall apply:

Minimum size parking space: nine feet by 18 feet for perpendicular parking;

Minimum size compact parking space: eight feet, six inches by 16 feet for perpendicular parking;

Maximum number of compact size spaces: 40% of the total parking spaces;

Tandem spaces for use for the same household only: 10% maximum of the total parking spaces may be tandem spaces; and

Aisle width: Minimum aisles shall be 22 feet for full-size vehicles and 20 feet for compact aisles.

Design criteria. The goal of DRL Zone is to encourage high-quality, exemplary architectural design. Traditional and vernacular building architecture and urban design patterns of Englewood shall serve as references for design of new buildings within the redevelopment area. The design of new structures shall not replicate architectural styles and detailing found in nearby buildings and new structures shall substantially vary from one another to create diversity within the facades. Building designs shall comply with the following:

Scale and massing.

Architectural variety is encouraged among the new buildings. Building facades should be broken down into vertical segments or bays. Regardless of height, designs should be "wall dominant" with the roof elements less prominent in the overall design. A variety of architectural scales and styles shall be incorporated along frontages.

Human scale elements should be employed at ground level, especially along street frontages and adjacent to entryways. Use of doors, windows, columns, canopies, ornamental grills, and awnings can help establish pedestrian scale.

Articulation and vertical rhythm.

The relationship of width to height of windows and door openings at ground level should be visually compatible with openings in same building. A clear visual division between the ground floor and upper level floors shall be established using cornice lines, band coursing, windows or similar horizontal architectural elements. There shall be a clearly defined base, middle and top of building, as defined below:

BASE — Shall be defined by a horizontal articulation between grade and second-floor windows. The articulation can be through a change in materials, change in detail of materials (i.e., brick work and patterning), or introduction of horizontal band course to separate base of building from second and third floors. Linking first two floors of windows into oversized opening with detailed panels between the windows creates a larger scale at the base of the building.

MIDDLE — Shall be defined by regular rhythm of windows, clearly defined bays that are divided into vertical elements through window alignments and groupings. Windows may be joined together to create larger scale opening at the middle of the building.

TOP — May be defined by cornice lines, mansard roof with dormers or a change in window type or style on top floor. Mansard roof and dormers may be used to combine two or more floors at the top of the building to reduce perceived building height by incorporting roof materials on the building facade.

Ground floor storefronts should be distinguished from upper floors. Structural rhythms along the streetscape should be maintained even though the architectural design and style of individual stores may vary. Rhythm of ground floor architectural features shall harmonize with rhythm of upper stores. Accordingly, base facades of buildings shall not be continuous and monolithic, but shall incorporate articulation and rhythm from upper stories.

Horizontal rhythm.

Long horizontal street frontages shall be broken down in scale into vertically proportionally pieces with a variety of window types and patterns. Use of bay windows and balconies as architectural features is permitted and can help provide scale and rhythm, but shall not be repetitive. Vertical modulation shall be 12 feet to 15 feet and vertical modules shall be organized into two, three, four, and five groupings to create variety across the street facade. No more than 30% of each facade may be compromised of bays. Bays may project up to four feet. The design of balconies shall be consistent with the overall architectural design and be compatible with facade materials. No balcony, bay window or other permanent building construction shall extend into any public right-of-way.

Vertical rhythm can be defined using columns, piers, and window design/placement or similar architectural features spaced generally between no less than 20 feet and no greater than 40 feet to create breaks at regular intervals.

Pedestrian-scaled building height articulation.

To ensure consistency with the surrounding neighborhood district scale and mass, particularly for buildings over four stories above street level or over 40 feet, no less than three of the following architectural elements shall be incorporated into street-facing facades:

Significant horizontal element, such as a cornice or a similar horizontal member, separating fourth and fifth stories with different masonry course work, material and/or above cornice line or horizontal member.

Mansard roof.

Decorative window heads and sills.

Decorative corbels and brackets for cornices and bay windows.

[5]

Decorative bay windows with panels and trim work.

[6]

Brick pattern work and panels.

[7]

Precast concrete or masonry details at columns, piers and keystones.

[8]

Precast concrete or masonry water tables at the building base.

[9]

Decorative precast or brick belt courses.

[10]

Decorative metal fences and railings.

[11]

Juliet balconies.

[12]

Decorative window surrounds.

[13]

Decorative gutters, downspouts and scuppers.

[14]

Awnings and canopies.

[15]

Parapets and chimneys.

A special top floor step-back is required along a portion of the Englewood Avenue frontage. Except for 100 lineal feet along the Englewood Avenue frontage the top floor shall step back at least 35 feet from the property line and the maximum building height in the step-back area shall not exceed four stories or 46 feet.

Fenestration and garage openings.

Windows of similar design, size and material should be similar in design to those in adjacent buildings and conform to the pattern and rhythm of other buildings of similar context. Each building facade shall contain a variety of window styles, groupings, colors and/or mullion patterns. Windows that are in brick facades to be set back from face of brick approximately four inches. Windows in siding to be wrapped in a four-inch (minimum) trim with head and sill detail.

Garage openings, where applicable, will be treated with similarly scaled openings as the windows above them. Garage openings shall be located in the same vertical alignment as windows or decorative grills that relate in color and scale to the windows above them.

Street facade treatment; materials.

Front facades which front directly on a street shall have materials which are similar or complementary to those found in traditional and vernacular buildings in Englewood. A variety of materials and colors shall be applied across the building facade to modulate facades into smaller pieces and give each piece an individual appearance and cohesive theme. Facade materials shall be selected and assembled so that the building appears heavier at the base and lighter at the top. Materials shall be used to define the top, middle and base of the building as follows:

Base: stone or brick.

Middle: brick or masonry (bays and panels may be metal).

Top: brick, metalwork or cement siding boards.

The only primary materials permitted are brick, stone, precast stone, and fiber cement planks. The only secondary materials permitted are stucco, fiber cement panels, other masonry, spandrel glass and metal detail. Secondary materials shall be permitted on interior courtyards not visible from public or private streets. The Planning Board, in its sole discretion, may permit additional facade materials on interior courtyards. Any materials not specifically listed as permitted, notwithstanding those facade materials within the Planning Board's discretion, are prohibited. No more than three different material types should be used on a building's exterior. Color, texture, and pattern variations of primary materials are permitted. All sides of a building within public view shall use the same materials and colors as the primary facades. Metal louvers are permitted to be placed on exterior elevations but cannot become a dominant element in the design of elevations; any louvers must be integrated into the overall design and meet color restrictions as defined herein.

Street facade treatment; Colors. Colors commonly described with terms such as neon, fluorescent, Day-Glo, iridescent and similar terms shall not be applied to the exterior surface of any structure. Color palette selection for facade materials should usually be no more than three primary colors. Facade colors should match adjacent colors used for metal flashing paint, caulk and other miscellaneous building components. Exterior colors shall be compatible with adjacent structures. Color schemes shall be used consistently, including both the upper and lower portions of buildings, all sides of buildings, and on elements and details.

General administrative provisions.

No building shall be constructed over public rights-of-way in the project area with the exception of freestanding structures ancillary to public plazas and/or pedestrian walkways, which shall be subject to review by the Planning Board.

Prior to commencement of construction, site plans for the construction and/or rehabilitation of improvements to the redevelopment area shall be submitted by the developer to the Planning Board of the City of Englewood for review and approval so that compliance of such plans with the redevelopment objectives can be determined. Site plan review shall be conducted by the Planning Board pursuant to N.J.S.A. 40:55D-1 et seq.

As part of any site plan approval, the Planning Board may require a developer to furnish performance guarantees pursuant to N.J.S.A. 40:55D-53 et seq. Such performance guarantees shall be in favor of the City in a form approved by the City Solicitor. The amount of any such performance guarantee shall be determined by the City Engineer and shall be sufficient to assure completion of site improvements within two years of final site plan approval.

All traffic impact studies shall incorporate, as part of the study, all projects approved or proposed in the immediate area. A listing of the projects may be obtained from the City Construction Official.

No use or reuse shall be permitted, which, when conducted under proper safeguards, will produce corrosive, toxic or noxious fume, glare, electromagnetic disturbances, radiation, smoke, cinders, odors, dust or waste, undue noise or vibration (60 decibels), or other objectionable features so as to be detrimental to the public health, safety or general welfare.

All residential redevelopment proposals and construction plans shall meet or exceed applicable FHA minimum room size requirements prior to approval by the Planning Board.

The provisions of this plan specifying the redevelopment of the project area and the requirements and restrictions with respect thereto shall be in effect for a period of 10 years from the date of approval of this plan by the City Council of the City of Englewood; provided, however, that any development or redevelopment projects that are commenced and/or completed within said ten-year period shall be deemed to comply with all applicable laws, so long as they comply with the provisions of this redevelopment plan. At the end of this ten-year period, the zoning regulations contained herein shall be incorporated into the zoning ordinance of the City of Englewood in accordance with the appropriate state statutes.

Any subdivision of lots and parcels of land within the redevelopment area shall be in accordance with the requirements of this plan and Chapter 250 (entitled "Land Use") of the Code of the City of Englewood (hereafter "Chapter 250").

Upon demolition of existing structures and in the interim period prior to construction of new buildings (if any), the site shall be graded and planted or sodded, with a durable dust-free surface.

Deviation requests. The Planning Board may grant minor deviations from the regulations where the purposes of this redevelopment plan would be advanced by a deviation from the strict requirements of this plan and the benefits of the deviation would outweigh any detriments. No relief may be granted under the terms of this section unless such deviation or relief can be granted without substantial detriment to the public good and will not substantially impair the intent and purpose of the redevelopment plan. No deviations may be granted which will result in an increase in height or a decrease in setbacks. Further, no deviations may be granted which will result in permitting:

A use or principal structure in a district which does not permit such use or principal structure;

An expansion of a nonconforming use;

An increase in height of more than 10 feet or 10% of the permissible height in feet, whichever is less.

An increase in the height of the building base exceeding 5% in feet;

An increase in the permitted floor area ratio;

An increase in the parking ratio of 10%;

Breach the minimum or maximum number of permitted stories.

Right-of-way width, and pavement width beyond normal adjustments encountered during survey synchronization;

Noncompletion of minimum open space, parks, or other type of phased improvements required to be implemented; or

§ 250-78.2 Englewood South Redevelopment Overlay Zone.

Deviation from the impact fees provisions set forth in this plan.

(11)

The redeveloper shall provide adequate water, sewer and other necessary utilities to the site, to the satisfaction of the City Engineer and the respective utility authority. All costs necessary for infrastructure improvements associated with a development project, off site as well as on site, are the responsibility of the redeveloper.

(12)

This redevelopment plan may be amended at the initiative of the City, consistent with the Local Redevelopment and Housing Law N.J.S.A. 40A:12A-1 et seq., and the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., and subject to the vested rights of a redeveloper. This redevelopment plan may also be amended from time to time at the initiative of a property owner within the redevelopment area, consistent with the foregoing statutory procedures. A fee of $5,000 plus all costs for copying and transcripts shall be payable to the City of Englewood for any request by a property owner to amend this redevelopment plan.

[Added 12-8-2020 by Ord. No. 20-07]

Zoning criteria. The following zoning criteria apply to the Englewood South Redevelopment Overlay Zone:

The Englewood South Redevelopment Area Zone District governs the entire Englewood South Redevelopment Area, namely Block 2602, Lot 3.03, and Block 2602, Lots 3.01 and 3.02, as shown on the official Tax Map of the City of Englewood.

The uses permitted in this district and the terms and conditions upon which those uses are permitted are in addition to any other uses and terms and conditions otherwise permitted by the land development ordinances of the City. Property in this district may be developed in accordance with these regulations even if such development would be forbidden by, or inconsistent with, the terms of other zoning provisions governing such property.

This section does not supplant or supersede any other zoning ordinance governing this district. Notwithstanding the establishment of this district, property in this district may be developed in accordance with the terms of other zoning provisions governing such property even if such development would be forbidden by, or inconsistent with, the terms of this district.

Permitted uses.

Multifamily residential uses.

Office and commercial uses.

Parking structures.

Accessory uses.

Parking.

Amenities appropriate to multifamily housing, including, but not limited to, loading areas, areas and facilities for trash disposal, maintenance facilities, management offices, courtyards, recreational facilities, community rooms, laundry facilities, a swimming pool, and other common areas

Amenities appropriate to commercial and office uses

Multifamily uses.

No more than 220 multifamily residential units.

Units may be located in one or more buildings.

Fifteen percent of the units shall be rental units reserved for, and affordable to, low- and moderate-income households developed in accordance with the standards set forth in Uniform Housing Affordable Controls, N.J.A.C. 5:80-1 et seq., or such regulations as may be promulgated by the State of New Jersey to supplant those standards.

Office or commercial uses.

Not less than 40,000 square feet in gross area.

Office uses may include, without limitation, general purpose offices, special purpose offices, medical offices, hospital offices, professional offices, and governmental offices.

Commercial uses may include, without limitation, retail uses, rental or sales of goods or services, professional offices, medical uses, hospital uses, health care facilities, restaurants, and exercise facilities.

Parking.

Parking shall be provided at a ratio of 1.65 spaces per residential unit and 3.28 spaces for every 1,000 square feet of gross floor area of office and commercial uses, provided that up to 25% of the parking for office and commercial uses may be parking that is shared with residential uses.

Parking for any of the permitted uses may, in the sole discretion of the developer, be provided as surface parking, structured parking within residential or commercial and office buildings, or a separate garage structure

Parking may be provided in one or more parking garages which may provide parking for the residential uses or the office and commercial uses, or both, and which may be a separate structure or a part of, or attached to, another building.

Parking spaces shall be nine feet in width and 18 feet in length.

Bulk standards.

The maximum permitted building height shall be nine stories and 96 feet.

No other bulks standards.

General standards.

Residential uses and commercial and office uses may, in the sole discretion of the developer, be provided in separate buildings or mixed-use buildings.

Building materials shall complement the adjacent buildings within the existing development.

The developer may secure development approvals in phases and may construct residential uses and office and commercial uses in any sequence. The right to construct any portion of permitted development shall not be dependent upon prior or simultaneous construction of any other portion of the development, except that low- and moderate-income residential units shall be phased with market-priced residential units in accordance with the UHAC standards.

Signage.

In addition to any signage permitted by any other zoning provisions governing the property, the following signage shall be permitted:

A pylon sign along the eastbound side of New Jersey State Highway Route 4.

Identification signs on the frontage of the buildings.

Signs mounted on the buildings for the benefit of tenants.

Pylon signs shall not exceed 20 feet in height and may have letters up to 24 inches high. Pylon signs may be internally illuminated. The location of the pylon sign shall be subject to the reasonable approval of the Planning Board.

If there is one building, identification signs on the frontage of the building shall be permitted on the north, east and west facades. If there are two or more buildings, identification signs on the frontage of the building shall be permitted on the north and east facades of the northernmost building and on the north and west facades of the other buildings. Such signs may have letters up to eight feet in height. Such signs may be internally illuminated.

Signs mounted on the building for the benefit of tenants shall be permitted at any location in the sole discretion of the developer. Such signs may have letters up to 24 inches high.

General administrative provisions.

The provisions of this section specifying the redevelopment of the project area and the requirements and restrictions with respect thereto shall be in effect for a period of 10 years from the date of passage of this section; provided, however, that any development or redevelopment projects that are commenced and/or completed within said ten-year period shall be deemed to comply with all applicable laws, so long as they comply with the provisions of this section. At the end of this ten-year period, the zoning regulations contained herein shall be incorporated into the Zoning Ordinance of the City of Englewood in accordance with the appropriate state statutes.

Deviation requests. The Planning Board may grant minor deviations from the regulations where the purposes of this section would be advanced by a deviation from the strict requirements of this section and the benefits of the deviation would outweigh any detriments. No relief may be granted under the terms of this subsection unless such deviation or relief can be granted without substantial detriment to the public good and will not substantially impair the intent and purpose of this section.

§ 250-78.3 Affordable Housing Overlay Zones.

The redeveloper shall provide adequate water, sewer and other necessary utilities to the site, to the satisfaction of the City Engineer and the respective utility authority. All costs necessary for infrastructure improvements associated with a development project, off-site as well as on-site, are the responsibility of the redeveloper.

[Added 8-8-2023 by Ord. No. 23-22]

Purpose. The purpose of this section is to establish overlay zones so as to provide opportunity to develop multifamily residential housing units which are affordable to low- and moderate-income families consistent with the City's constitutional obligation to provide affordable housing pursuant to the New Jersey Supreme Court's Mount Laurel decisions. Development is to be limited in height, density, and development coverages, with adequate space provisions comparable with the suburban character of the City of Englewood. Where a proposed use is permitted in both the underlying zone district and overlay zone, the development regulations of the underlying zone district shall apply, unless the developer elects to develop in accordance with the AHO zone standards as set forth herein.

Permitted principal uses. Within the AHO Districts multifamily and single-family attached townhouse residential development shall be permitted subject to the specific conditions and limitations as set forth in this chapter. The following definitions shall apply:

"Multifamily" shall mean a building or portion thereof, designed exclusively for occupancy containing three or more units either for ownership or rent;

"Townhouse" shall mean a self-contained, one-family dwelling unit, attached to one or more other one-family dwelling units, having direct access to the outside, including stacked units sharing a common exterior entrance and interior hallway for access to the stacked unit.

Required affordable housing set-aside. Any residential development within the AHO zones shall be required to provide a minimum of 20% of the total number of units on-site to be constructed as affordable to low- and moderate-income eligible families. In instances where an affordable unit results in a fractional requirement, consideration may be given towards providing an in lieu of payment for the fractional portion of the required set aside. Any such affordable units shall be subject to the regulations as set forth in Article XVII, entitled "Affordable Housing."

Permitted accessory uses. Within the AHO Districts, the following accessory uses shall be permitted:

Laundry rooms, recreational rooms and other similar such accessory uses which are for the common benefit of all residents of the multifamily development.

Outdoor recreational facilities including but not limited to a swimming pools, tennis courts, basketball courts and playground equipment.

Fences, garden walls and other landscape features, including decorative pools, fountains, statuary, terraces, steps, benches.

Minimum lot size requirements. The minimum lot size within the AHO zones shall be not less than 22,000 square feet.

Dwelling unit density. Dwelling density shall not exceed:

AHO-1 District: 15 dwelling units per acre.

AHO-2 District: 35 dwelling units per acre.

AHO-3 District: 50 dwelling units per acre.

Lot coverage. The sum of the area of all principal and accessory buildings shall not exceed:

For townhouse development, the sum of the area of all principal and accessory buildings shall not exceed 35%.

For multifamily development, the sum of all principal and accessory buildings shall not exceed 40%.

Impervious coverage. The maximum impervious coverage for development within the AHO zones shall not exceed 70% of the lot area for townhouse development and 80% for multifamily development.

Yard requirements.

The following minimum yard requirements shall apply:

AHO Zone	Front (feet)	Side (feet)	Rear (feet)
AHO-1	30	35	40
AHO-2	0-10	6	10
AHO-3	0-10	6	10

Open space.

Any premises used for multifamily dwelling purposes shall contain a minimum of 20% of the lot area as open space.

Any premises used for townhouse development shall contain a minimum of 30% of the lot area as open space.

Required open space shall be easily accessible to the occupants of all of the dwelling units on the premises, except that, with respect to townhouse development, open space, which is allocated to individual dwelling units, as hereinabove provided, shall be easily accessible to the occupants of the units to which such space is allocated.

No portion of any required front yard or any required planting area shall be used for required open space.

No portion of any required open space shall be used for driveways or parking spaces.

No structure of any kind shall be permitted within any required open space, except for swimming pools, outdoor sport structures or playgrounds, or other common outdoor amenities such as courtyards, provided that not more than 25% of any structure shall be covered by a roof.

Required open space shall be subject to site plan review as to design and layout, shall be attractively landscaped and shall not exceed a grade of 5% and shall be of a design to accommodate the needs of the occupants or contemplated occupants of the dwelling units it is designed to serve.

Roof space on accessory buildings or structures, including roof space on parking facilities, may be used as required open space, provided that:

Such space shall be accessible to occupants of the dwelling units it is designed to serve, by pedestrian means of access other than stairs.

Such space shall, on at least one side, be at the same grade as the land abutting it.

Such space shall, on all sides, be not more than 12 feet above the grade of the land abutting it.

Such space shall contain railings, fencing or similar treatment to make it safe and suitable for recreational use.

Buffer requirements. A landscaped buffer area shall be required and consist of planted materials intended to provide an attractive visual screen within all of the following described areas adjacent to each side lot line and the rear lot line of each lot:

When adjacent to property used or zoned for residential purposes: 25 feet.

When adjacent to property used for nonresidence purposes: 15 feet.

Regulations concerning yards, planting areas, fences, etc.

Within a required front yard, no accessory building or structure shall be permitted, except for walls or fences not more than 4 1/2 feet high.

Notwithstanding any of the foregoing restrictions:

Cornices and cantilevered roofs may project into any required yard a distance of not more than 24 inches.

Belt courses, windowsills and similar ornamental features may project into any required yard a distance of not more than 12 inches, and chimneys may so project a distance of not more than 18 inches.

A required open fire escape or fireproof stairway may project into any required yard a distance of not more than eight feet.

Accessory buildings and structures may be erected in side or rear yards, provided that they do not encroach on any required planting area.

Except as otherwise permitted by this chapter, no fence or wall in a multiple-residence district shall exceed 6 1/2 feet in height.

Height limitations.

The following maximum height requirements shall apply:

AHO Zone	Feet	Stories
AHO-1	40	4
AHO-2	48	4
AHO-3	60	5

No accessory building shall exceed a height of 12 feet.

Chimneys, flues, towers, bulkheads, spires, and similar decorative features may exceed the aforesaid height limitations if the total area of all such features on any single building does not exceed 20% of the area of the roof of such building.

Measurement of building height.

No roof structure shall be allowed for the purpose of providing additional interior floor space.

Distances between buildings; windows.

No buildings on any single lot shall be located closer to each other than the following distances:

Between two accessory buildings: 10 feet.

Between a principal building, other than a one-family dwelling, and a one-story accessory building: 20 feet.

Between any two other buildings: 25 feet.

Architectural design standards.

Facade design.

Horizontal articulation between floors. Each facade should be designed to have a delineated floor line between street level and upper floors. This delineation can be in the form of a masonry belt course, a concrete lintel or a cornice line delineated by wood detailing.

Vertical articulation. Each building facade facing a public right-of-way must have elements of vertical articulation comprised of columns, piers, recessed windows or entry designs, overhangs, ornamental projection of the molding, different exterior materials or wall colors, or recessed portions of the main surface of the wall itself. The vertical articulations shall be designed in accordance with the following:

Each vertical articulation shall be no greater than 30 feet apart.

Each vertical articulation shall be a minimum of one foot deep.

Each vertical projection noted above may extend into the required front yard a maximum of 18 inches in depth.

Building walls with expansive blank walls are prohibited on any building facade regardless of its orientation.

Materials. Exterior building materials shall be classified as either primary, secondary or accent materials. The facade shall be designed in accordance with the following:

The primary material shall cover at least 60% of the facade of the building.

Secondary materials shall cover not more than 40% of the facade.

Rooflines. Rooflines are not to be flat but pitched. Roofline offsets, dormers or gables shall be provided in order to provide architectural interest and variety to the massing of a building and to relieve the effect of a single, long roof.

All ground level retail and service uses that face a public street shall have clear glass on at least 60% of their facades between two feet and eight feet above grade.

Fenestration shall be architecturally compatible with the style, materials, colors and details of the building. Windows shall be vertically proportioned.

All buildings should relate harmoniously to the site's natural features and existing buildings, as well as other structures in the vicinity that have a visual relationship and orientation to the proposed buildings. Such features should be incorporated into the design of building form and mass, and assist in the determination of building orientation in order to preserve visual access to natural and man-made community focal points.

Buildings should be broken into segments having vertical orientation. A visual or physical break shall be required where buildings have a front wall that exceeds 125 feet in length, and in such case a visual or physical break shall be provided minimally every 50 linear feet.

Buildings with expansive blank walls are prohibited. Appropriate facade treatments should be imposed to ensure that such buildings and facades are integrated with the rest of the development and the entirety of the building.

New buildings are encouraged to incorporate such building elements as entrances, corners, graphic panels, display windows, etc., as a means to provide a visually attractive environment.

Cornices, awnings, canopies, flagpoles, signage, and other ornamental features should be encouraged as a means to enhance the visual environment. Such features may be permitted to project over pedestrian sidewalks, with a minimum vertical clearance of 8.5 feet, to within two feet of a curb.

(11)

A "human scale" of development should be achieved at grade and along street frontages through the use of such elements as windows, doors, columns, awnings and canopies.

(12)

Design emphasis should be placed on primary building entrances. They should be vertical in character, particularly when there is the need to provide contrast with a long linear building footprint, and such details as piers, columns, and framing should be utilized to reinforce verticality.

(13)

Rooftop utilities including HVAC units shall be shielded from public view with appropriate screening that complements the character of the building's architecture.

Landscape requirements.

Landscaping shall be provided to promote a desirable visual environment, to accentuate building design, define entranceways, screen parking areas, mitigate adverse visual impacts and provide windbreaks for winter winds and summer cooling for buildings, and enhance buffer areas. The impact of any proposed landscaping plan at various time intervals shall be considered. Plants and other landscaping materials shall be selected in terms of aesthetic and functional considerations. The landscape design shall create visual diversity and contrast through variation in size, shape, texture and color. The selection of plants in terms of susceptibility to disease and insect damage, wind and ice damage, habitat (wet-site, drought, sun and shade tolerance), soil conditions, growth rate, longevity; root pattern, maintenance requirements, etc., shall be considered. Consideration shall be given to accenting site entrances and unique areas with special landscaping treatment. Flowerbed displays are encouraged.

Landscaped islands shall be at least six feet in width to accommodate plantings.

A minimum ten-foot landscaped buffer consisting of a dense evergreen mass shall be planted along the perimeter of the property to form a screen from adjoining properties.

Landscaping within sight triangles shall not exceed a mature height of 30 inches. Shade trees shall be pruned up to an eight-foot branching height above grade.

All areas that are not improved with buildings, structures and other man-made improvements shall be landscaped with trees, shrubs, ground cover, street furniture, sculpture or other design amenities.

Shade trees shall be a minimum 2.5- to three-inch caliper with a canopy height of at least the minimum American Nursery and Landscape Association Standards for this caliper.

Ornamental trees shall be installed at a minimum size of six feet in height.

Shrubs shall be planted at a minimum size of 18 inches to 24 inches.

All plant material shall meet the minimum latest American Nursery and Landscape Association Standards.

Irrigation shall be provided for all landscape and lawn areas in a manner appropriate for the specific plant species.

A growth guarantee of two growing seasons shall be provided and all dead or dying plants shall be replaced by the applicant, as required, to maintain the integrity of the site plan.

Landscape plantings. All plant materials are to be indigenous to the region herein defined as the Bergen County region but in no event shall the plant materials be comprised of less than 50% indigenous species.

Lighting.

All lighting fixtures and footcandle standards for parking areas and recreation facilities shall be consistent with the standards outlined by the Illuminating Engineering Society of North America (IESNA).

A lighting plan prepared by a qualified professional shall be provided with site plan applications.

The intensity, shielding, direction and reflecting of lighting shall be subject to site plan approval by the Borough Engineer and Land Use Board.

All parking areas, walkways, building entrances, and driveways required for uses in this zone shall be adequately illuminated during the hours of operation that occur after sunset.