Community residences for the developmentally disabled and community
shelters for victim of domestic violence shall be a permitted use
in all residential districts, subject to the following:
A. A community residence or shelter shall comply fully with all zoning
and health regulations applicable to single-family residences in the
zone district in which it is located.
B. A community residence or shelter may not be occupied by more than
six residents, excluding resident staff.
Applications for freestanding child-care centers as a permitted
principal use shall comply with the following.
A. Area and bulk regulations:
[Amended 12-17-2012 by Ord. No. 1485-2012; 9-15-2014 by Ord. No. 1512-2014]
|
Regulation
|
District MCRD, CBD, B-1, B-2, B-3,
B-4, MXD-1, MXD-2, MXD-3 and OR-1
|
---|
|
Minimum lot area (square feet)
|
25,000
|
|
Minimum lot width (feet)
|
100
|
|
Minimum lot depth (feet)
|
150
|
|
Minimum front yard (feet)
|
20
|
|
Minimum side yards (feet)
|
10
|
|
Minimum rear yards (feet)
|
40
|
|
Maximum building coverage
|
40%
|
|
Maximum impervious coverage
|
75%
|
|
Maximum building height (stories/feet)
|
2/30
|
B. A minimum of 150 square feet of outdoor play area shall be provided
for the first five children, plus an additional 30 square feet of
play area per child at peak usage. Play areas shall be permitted in
the rear and side yards only and shall be enclosed by a fence at least
four feet in height and landscaped and screened from adjoining properties.
C. One off-street parking space shall be provided for every six children,
plus an additional space shall be provided for each staff member on
site at peak hour.
D. Such facility shall comply with all applicable governmental requirements
and shall be licensed by the New Jersey Department of Human Services.
E. A child-care facility may be permitted to occupy an entire building
or a portion of an existing building which is partially occupied by
other uses, irrespective of any other ordinance limitations on the
number of principal permitted uses allowed on a lot.
F. The floor area occupied by a child-care center in any building for
which the child-care center is an accessory use shall be excluded
in calculating any parking requirement otherwise applicable to that
amount of floor space and shall be excluded from the permitted floor
area ratio allowable for that building.
Churches, temples and other places of worship shall be governed
by the following regulations.
A. Area, bulk and yard requirements.
(1)
Minimum lot area: 40,000 square feet.
(2)
Minimum lot width: 150 feet.
(3)
Minimum lot depth: 150 feet.
(4)
Minimum front yard: 35 feet.
(5)
Minimum side yards: 25 feet.
(6)
Minimum rear yard: 35 feet.
(7)
Maximum building height: 2 1/2 stories/35 feet.
(8)
Maximum building coverage: 30%.
(9)
Maximum impervious coverage: 65%.
(10)
Minimum buffer width: 25 feet.
B. Where two or more buildings are located on a site, they shall be
separated by a yard area at least twice the average height of the
two buildings or 40 feet, whichever is greater.
Cluster development may be approved in the R-1 Zone in accordance
with the following standards, provided that the tract size is at least
five acres and the approving authority finds that:
A. The maximum number of dwelling units shall not exceed six dwellings
per acre.
B. Land area equal to a minimum of 20% of the entire tract shall be
set aside for open space. Lands to be set aside shall be dedicated
to either the Borough of Edgewater or a homeowners' association.
C. There shall be a minimum building setback from any internal street
right-of-way of 20 feet and a minimum building setback from the River
Road right-of-way of 50 feet.
D. There shall be a minimum distance of 20 feet between the side walls
of any two buildings and a minimum distance of 40 feet between the
rear wall of opposite-facing dwellings.
E. No building or structure shall exceed 2 1/2 stories and 35 feet
in height.
Marina facilities shall conform to the following requirements:
A. Marinas permitted in residential zones. Marinas permitted in residential
zones shall comply with the following:
(1)
Parking shall be provided to accommodate one parking space for
every two boat slips.
(2)
No boat repair work shall be permitted on site except for routine
repairs and maintenance work for those boats that are a registered
member of the marina.
B. Marinas permitted in nonresidential zones. Marinas permitted in nonresidential
zones shall comply with the following:
(1)
Parking shall be provided to accommodate one parking space for
every boat slip, plus one parking space per two employees.
(2)
The outdoor storage of boats and equipment shall be conducted
within a fenced and secured area which shall incorporate screening,
either through the use of fencing, landscape materials or a combination
of both.
(3)
The storage of petroleum, gasoline or other highly flammable
oils and their volatile products above ground in total quantities
greater than 3,000 gallons or underground in total quantities greater
than 20,000 gallons for use in connection with a marina is prohibited.
[Amended 12-17-2012 by Ord. No. 1485-2012; 9-15-2014 by Ord. No. 1512-2014; 10-2-2017 by Ord. No. 1553-2017]
A. All parcels
zoned R-5 adjacent to the B-2 Shadyside District and River Road, defined
as Block 91.01, Lot 1.01, and Block 92.01, Lot 1.01, are and shall
be subject to the following requirements:
(1)
Distribution of uses.
(a)
Public open space. The area extending southward from Thompson
Lane, for a distance of minimally 125 feet measured along Old River
Road, and minimally 150 feet along River Road, shall be retained as
an open space element. Such area shall be designed as a public gathering
area or gazebo, incorporating landscaping and water amenities.
(b)
The area south of the public open space shall be devoted to
parking. This, in conjunction with the aforementioned open space feature,
will serve to ensure the retention of a viewshed to the Hudson River
and New York City skyline. The parking area may consist of deck parking,
provided that the maximum height of a parking deck shall be four feet
above the finished grade along Old River Road.
(c)
A minimum setback of 350 feet from the southerly right-of-way
line of Thompson Lane to the proposed mixed-use building.
(d)
Mixed commercial and residential use buildings shall be permitted,
provided that multifamily residential units be located above the first
story of any structure in which the first floor is devoted to retail
and/or service commercial use.
(e)
Building setbacks to property lines and internal driveways.
[1]
All buildings shall be set back a minimum of 20 feet from Old
River Road.
[2]
All buildings shall be set back a minimum of 35 feet from River
Road.
[3]
The minimum setback distance between the senior citizen residence
and all other buildings shall be 200 feet.
[4]
Buildings shall be set back a minimum distance of 10 feet from
all internal driveways.
(2)
Maximum building length and orientation.
(a)
Buildings shall have an east/west orientation, with the longest
dimension perpendicular to Old River Road and New River Road. The
maximum length shall be 210 feet. All buildings exceeding a linear
dimension of 100 feet shall be required to have building offsets every
50 feet, with each offset consisting in a break in the linear plan
of the building of a minimum of 2 1/2 feet.
(b)
Related architectural elements which preclude a continuous uninterrupted
facade building length may also be utilized to achieve a break in
the linear dimension of the building walls. All building foundations
shall be appropriately landscaped.
B. Definitions applicable to all R-5 zoned properties. The following
definitions will be applicable to all R-5 zoned properties:
FLOOR AREA RATIO (FAR)
The gross floor area of buildings or structures on a lot
divided by the gross total lot area.
GROSS FLOOR AREA
(1)
The sum of the gross horizontal areas of all enclosed floors
of a building, including cellars, basements, mezzanines, penthouses,
corridors, and lobbies, from the exterior face of the exterior walls
or from the center line of a common wall separating two buildings,
but excluding any space with a floor-to-ceiling height of less than
six feet six inches. This does not include balconies, terraces or
roofs.
(2)
In determining the gross floor area, any floor space that is
constructed or intended to be used solely for parking motor vehicles,
loading or unloading of motor vehicles, or for refuse storage chambers,
refuse storage and material recovery rooms, refuse chutes, other types
of facilities provided for the separation of refuse, or for access
facilities for telecommunications and broadcasting services, or occupied
solely by machinery or equipment for any lift, air-conditioning or
heating system or any similar service, shall be excluded from the
gross floor area of a building.
IMPERVIOUS SURFACE
A surface that has a coefficient of runoff of 0.75 or greater.
No more than 50% of graveled areas shall be permitted to be applied
as a pervious surface.
LOT COVERAGE
The portion of a lot that is covered by impervious surface.
A green roof on any building or garage structure that provides adequate
vegetation and passive recreation use for the occupants may be counted
as pervious coverage at 75% (i.e., 100 square feet of a "green" roof
would count as 75 square feet of pervious ground surface).
NET ACREAGE
The total land area of a tax lot, excluding water bodies.
PERVIOUS SURFACE
Any surface that does not meet the definition of an "impervious
surface."
C. Parking and loading for all R-5 zoned properties.
(1)
Parking and loading shall be subject to the requirements of Article
XIX of this chapter.
(2)
Structured parking is permitted. The number of parking stories
shall not be counted towards the number of stories permitted.
D. Affordable housing component for certain R-5 zoned properties. To
advance the goals and objectives for providing affordable housing
in the State of New Jersey, the following subsection provides for
affordable housing units within the R-5 Zone within the Borough of
Edgewater.
(1)
The following parcels, identified by block and lot, shall be zoned as indicated, and the Borough of Edgewater Zoning Map authorized by §
240-93 shall be amended as necessary in accordance therewith:
Address
|
Block
|
Lot
|
---|
115 River Road
|
96
|
3.01
|
145 River Road
|
95
|
1
|
225 River Road
|
91
|
1**
|
Notes:
|
**
|
Southern portion of property known as "Development Unit B,"
having an area of 135,959 square feet or 3.12 acres.
|
(2)
Consistent with N.J.A.C. 5:9, a 15% set-aside for affordable
housing units is mandatory for the residential component of any multifamily
rental building, and a 20% set-aside for affordable housing units
is mandatory for the residential component of any multifamily building
with for-sale units.
(3)
Permitted density:
(a)
Mid-rise: 35 dwelling units per acre.
(b)
High-rise: 105 dwelling units per acre.
(c)
Senior: 115 dwelling units per acre.
(4)
General provisions for constructing affordable units.
(a)
Affordable housing units being constructed on site shall be
in conformance with COAH's third-round rules at N.J.A.C. 5:94-1 et
seq., and the Uniform Housing Affordability Controls at N.J.A.C. 5:80-26.1
et seq., including, but not limited to, requirements regarding phasing
schedule, controls on affordability, low-/moderate-income split, heating
source, maximum rent and/or sales price, affordability average, bedroom
distribution and affirmative marketing.
(b)
To the greatest extent possible, affordable housing units being
provided within inclusionary developments shall be disbursed throughout
inclusionary developments and shall be located within buildings designed
to be architecturally indistinguishable from the market-rate units
otherwise being constructed within the development. To that end, the
scale, massing, roof pitch and architectural detailing (such as the
selection of exterior materials, doors, windows, etc.) of the buildings
containing the affordable housing units shall be similar to and compatible
with that of the market-rate units.
(5)
Other provisions superseded. In the event of any inconsistency between the provisions of this section and any other section of Chapter
240, the provisions of this section shall prevail.
[Added 11-14-2016 by Ord.
No. 1537-2016]
A. R-3
Zone residential uses.
(1)
Objective: to provide a realistic opportunity for affordable
housing development.
(2)
Applicability.
(a)
Multi-Family R-3 Zone residential uses are only permitted where
a 15% affordable residential component set-aside is provided.
(b)
The affordable component shall be compliant with §
240-154.
(3)
Uses.
(a)
Permitted uses.
[1] All uses permitted in the underlying zones.
[2] Multifamily residential subject to the provisions
of the R-3 Zone is permitted only where a minimum of 15% of the units
are set aside for affordable housing.
[3] Age-restricted multifamily residential subject
to the provisions of the R-3 Zone is permitted only where a minimum
of 15% of the units are set aside for affordable housing.
(b)
Conditional uses.
[1] All conditional uses permitted in the underlying
zones.
(c)
Accessory uses.
[1] All accessory uses permitted in the underlying
zones.
(4)
Bulk regulations.
(a)
The minimum lot area required shall be 10,000 square feet. There
shall be no minimum lot width or minimum lot depth requirement.
(b)
The remainder of the bulk regulations for multifamily residential
shall follow the regulations of the R-3 zone for apartments and townhouses
as follows:
[1] Minimum front yard: 25 feet.
[2] Minimum side yard: 20 feet.
[3] Minimum rear yard: 25 feet.
[4] Maximum building coverage: 40%.
[5] Maximum impervious coverage: 75%.
[6] Maximum building height: three residential stories/35
feet.
(5)
Signs. Signage shall be subject to the requirements of Article
XVIII of this chapter.
(6)
Parking and loading.
(a)
Parking and loading shall be subject to the requirements of Article
XIX of this chapter.
(b)
Structured parking is permitted. The number of parking stories
shall not be counted towards the number of stories permitted.
B. MXD-2 Zone residential uses.
[Added 10-2-2017 by Ord.
No. 1554-2017]
(1)
Objectives.
(a)
To provide for the proper and realistic development of parcels
of land toward the south end of town and to provide an opportunity
for affordable housing development.
(2)
Applicability.
(a)
Multifamily MXD-2 Zone residential uses are only permitted where
a 15% affordable residential component set-aside is provided.
(b)
The affordable component shall be compliant with §
240-154.
(3)
Uses.
(a)
Permitted uses.
[1] All uses permitted in the underlying zones.
[2] Multifamily residential subject to the provisions
of the MXD-2 Zone is permitted only where a minimum of affordable
15% of the units are set-aside for affordable housing.
[3] Age-restricted multifamily residential subject
to the provisions of the MXD-2 Zone is permitted only where a minimum
of affordable 15% of the units are set aside for affordable housing.
(b)
Conditional uses.
[1] All conditional uses permitted in the underlying
zones.
(c)
Accessory uses.
[1] All accessory uses permitted in the underlying
zones.
(4)
Bulk regulations.
(a)
All bulk regulations for MXD-2 Zone contained within §
240-117.2
(5)
Signs.
(a)
Signage shall be subject to the requirements of Article
XVIII of this chapter.
(6)
Parking and loading.
(a)
Parking and loading shall be subject to the requirements of Article
XIX of this chapter.
(b)
Structured parking is permitted. The number of parking stories
shall not be counted towards the number of stories permitted.
(7)
The following parcels, identified by block and lot, shall be
zoned as indicated, and the Borough of Edgewater Zoning Map shall
be amended as necessary in accordance therewith:
Block 89, Lot 4
|
180 Old River Road
|
(8)
Other provisions superseded.
(a)
In the event of any inconsistency between the provisions of this section and any other section of Chapter
240, the provisions of this section shall prevail.
[Added 8-22-2022 by Ord. No. 2022-011]
A. Objectives:
to provide a realistic opportunity for affordable housing development.
B. Applicability.
(1) These provisions shall apply to all properties located within Affordable
Housing Zone 2 (AH -2) and are designed to amend what types of uses
are permitted within the zone.
[Amended 11-21-2022 by Ord. No. 2022-016]
(2) Affordable housing units being constructed on-site shall meet the
requirements of Edgewater's Affordable Housing Ordinance and shall generally be in conformance with COAH's third
round rules at N.J.A.C. 5:94-1 et seq., and the Uniform Housing Affordability
Controls at N.J.A.C. 5:80-26.1 et seq., including but not limited
to requirements regarding phasing schedule, controls on affordability,
low-/moderate-income split, heating source, maximum rent and/or sales
price, affordability average, bedroom distribution and affirmative
marketing.
(3) To the greatest extent possible, affordable housing units being provided
within inclusionary developments shall be disbursed throughout inclusionary
developments and shall be located within buildings designed to be
architecturally indistinguishable from the market-rate units otherwise
being constructed within the development. To that end, the scale,
massing, roof pitch and architectural detailing (such as the selection
of exterior materials, doors, windows, etc.) of the buildings containing
the affordable housing units shall be similar to and compatible with
that of the market-rate units.
C. Uses.
(1) Permitted uses.
(a) Multifamily residential subject to the provisions of the R-3 Zone,
with a 15% set-aside for rental projects or a 20% set-aside for for-sale
projects.
[Amended 11-21-2022 by Ord. No. 2022-016]
(2) Accessory uses.
(a) All customary accessory uses.
D. Bulk
regulations.
(1) The minimum lot area required shall be 10,000 square feet. There
shall be no minimum lot width or minimum lot depth requirement.
(2) The remainder of the bulk regulations for multifamily residential
shall follow the regulations of the R-3 Zone for apartments and townhouses
as follows:
(a) Minimum front yard: 25 feet.
(b) Minimum side yard: 20 feet.
(c) Minimum rear yard: 25 feet.
(d) Maximum building coverage: 40%.
(e) Maximum impervious coverage: 75%.
(f) Maximum building height: three residential stories/35 feet.
E. Signs. Signage shall be subject to the requirements of Article
XVIII of this chapter.
F. Parking
and loading.
(1) Parking and loading shall be subject to the requirements of Article
XIX of this chapter.
(2) Structured parking is permitted. The number of parking stories shall
not be counted towards the number of stories permitted.
G. Other provisions superseded. In the event of any inconsistency between the provisions of this section and any other section of Chapter
240, the provisions of this section shall prevail.
H. Planning
Board review. Upon approval of this section upon first reading by
the Mayor and Council of the Borough of Edgewater, this section shall
be transmitted to the Planning Board for its review and recommendation.
I. Severability.
If any provision or portion of a provision of this section is held
to be unconstitutional, preempted by federal or state law, or otherwise
invalid by any court of competent jurisdiction, the remaining provisions
of the section shall not be invalidated and shall remain in full force
and effect.
J. Effective
date. This section shall take effect immediately upon final publication
as required by law.
K. Repeal
of inconsistent ordinances. All ordinances and parts of ordinances
which are inconsistent with the provisions of this section are hereby
repealed to the extent of such inconsistency.