A. 
Districts enumerated. For the purposes of this ordinance, the Town of Westfield is hereby divided into zone districts, as shown on the Zoning Map, and identified as follows:
[Amended 9-29-2009 by Ord. No. 1946; 4-28-2020 by G.O. No. 2166]
RS-40
Single-Family Residence District
RS-24
Single-Family Residence District
RS-16
Single-Family Residence District
RS-12
Single-Family Residence District
RS-10
Single-Family Residence District
RS-8
Single-Family Residence District
RS-6
Single-Family Residence District
RM-12
Single-Family and Two-Family Residence District
RM-8
Single-Family and Two-Family Residence District
RM-6
Single-Family and Two-Family Residence District
RM-6D
Single-Family, Two-Family and Duplex Residence District
RA-1
Housing for Elderly Residence District
RA-2
Garden Apartment Residence District
RA-3
Garden Apartment Residence District
RA-4
Senior Citizens Housing Residence District
RA-5A
Multi-family Residence District
RA-5B
Multi-family Residence District
RA-5C
Multi-family Residence District
P-1
Professional Office District
P-2
Professional Office District
O-1
Office District
O-2
Office District
CBD
Central Business District
GB-1
General Business District
GB-2
General Business District
GB-3
General Business District
C
Commercial District
NA-AH
North Avenue Affordable Housing Transit Oriented Development District
NS-AMFH
New Street Affordable Multi-Family Housing Transit Oriented Development District
WBS-AMFH
West Broad Street Affordable Multi-Family Housing Transit Oriented Development District
GB1-AHO
Affordable Housing Overlay District
GB2-AHO
Affordable Housing Overlay District
GB3-AHO
Affordable Housing Overlay District
C-AHO
Affordable Housing Overlay District
SW-AHO
Affordable Housing Overlay District
PA-AHO
Affordable Housing Overlay District
RP-AHO
Affordable Housing Overlay District
B. 
Application of regulations. The zoning regulations in this article are intended to be uniform throughout each zoning district for each class or kind of buildings or other structures or uses of land. In case of conflicting regulations in this article, determination of the applicable regulation shall lie with the Zoning Board of Adjustment.
A. 
Zoning Map. The Zoning Map of the Town of Westfield, as prepared by Robert Catlin and Associates and dated July 1998, is hereby declared to be a part of this Ordinance.
[Amended 7-1-2003 by Ord. No. 2086; 7-1-2003 by Ord. No. 2087; 6-6-2006 by Ord. No. 1867, 8-4-2009 by Ord. No. 1939, 3-7-2014 by Ord. No. 2002, 3-7-2014 by Ord. No. 2003, 3-7-2014 by Ord. No. 2004, 12-16-2014 by Ord. No. 2032, 11-10-2015 by Ord. No. 2054]
B. 
Zone district boundary lines. The zone district boundary lines shown on the Zoning Map are intended to follow property lines existing at the date of the adoption of the map, the center line of street right-of-ways, the center line of railroad tracks and municipal boundary lines, as applicable. In case of uncertainty or disagreement as to the precise location of any zone district boundary line, the determination thereof shall lie with the Zoning Board of Adjustment. In the case of a lot that is split by a zone district boundary line, and the zone districts on the lot have different requirements, application of the requirements shall be as follows, unless the provisions of this chapter specifically indicate otherwise:
[Amended 8-3-2004 by Ord. No. 1839]
1. 
The use shall comply with the required use standards for the zone district within which the use is located.
2. 
The lot shall be required to comply with the most restrictive of the minimum lot area, minimum lot width, minimum average lot width, minimum lot frontage, and minimum lot depth standards of the various zone districts on the lot.
3. 
The yard setbacks shall be required to comply with the required dimensions for such setbacks of the zone district within which the yard is located; thus, each portion of a building that is split by a zone boundary would be subject to the setback standards of the zone within which that portion of the building is located. In the event that it is not possible to measure the yard depth without crossing a zone district boundary, the most restrictive setback standard of the various zones shall apply, but only to those locations where the measurement would cross the zone boundary.
4. 
The height of structures shall comply with the height requirements for the zone district within which such structures are located. In the case of a structure that is split by a zone district boundary, the most restrictive height standard shall apply.
5. 
The number of parking spaces required based upon floor area shall comply with the standard applicable to the zone within which the building is located. In the case of a building that is split by a zone boundary, the parking standard in each zone shall apply to that portion of the building floor area located in such zone.
6. 
The coverage by above-grade structures, the coverage by improvements, floor area ratio and density shall be required to comply with the standard for the zone in which the structures and improvements are located, calculated using the entire lot area. In the case of a building or buildings or improvements located partially in more than one zone district, a pro rata standard shall apply to the entire lot, using the following formula:
a. 
Calculate that percentage of the total coverage, floor area or number of dwelling units on the lot, as applicable, proposed in each zone.
b. 
Multiply the percentages resulting from the calculation in [1] above for each zone times the applicable standard for coverage, floor area ratio or density, of the same zone.
c. 
Add the results from the calculations in [2] above to determine the applicable standard.
As an example, consider a development located on a lot split by a zone boundary. Zone A permits 25% improvement coverage and zone B permits 20% coverage. The development proposes 3,000 square feet of coverage in zone A and 2,000 square feet of coverage in zone B, for a total of 5,000 square feet of coverage. The permitted coverage for the above-grade structures would be 23% of the total lot area, calculated as follows:
•
3,000 square feet coverage proposed in zone A ÷ 5,000 square feet total proposed coverage = 60% of total coverage proposed in zone A. 2,000 square feet coverage proposed in zone B ÷ 5,000 square feet total proposed coverage = 40% of total coverage proposed in zone B.
•
60% of total coverage proposed in zone A x 25% coverage permitted in zone A = 15%. 40% of total coverage proposed in zone B x 20% coverage permitted in zone B = 8%.
•
15% + 8% = 23% of total lot area permitted to be covered by improvements.
One can see by the above example that if 100% of the coverage were proposed on that portion of the lot in Zone A, then 25% coverage would be permitted, whereas if 100% of the coverage were proposed on that portion of the lot in Zone B, then 20% coverage would be permitted. Any other situation would result in a permitted coverage somewhere between 20% and 25%.
C. 
Schedule of requirements. The schedule entitled "SUMMARY OF ZONING STANDARDS" is hereby declared to be a part of this ordinance. The schedule is a generalized summary of the use, bulk, lot, density and intensity regulations established for each zone district. The regulations established for each zone district in the text of this ordinance provide greater detail than the schedule and take precedence over the standards in the schedule. The schedule is not intended to present a comprehensive list of all applicable zoning regulations.
[Amended 9-29-2009 by Ord. No. 1946]
[Added 6-15-2021 by G.O. No. 2218]
A. 
Pursuant to § 31(b) of the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (P.L. 2021, c. 16), all cannabis establishments, cannabis distributors, or cannabis delivery services, except as to medical cannabis alternative treatment centers, are hereby prohibited from operating anywhere in Town of Westfield, except [as expressly allowed by § 31(b) of the Act] for the delivery of cannabis items and related supplies by a delivery service.
B. 
The operation of cannabis cultivators, cannabis distributors, cannabis manufacturers, cannabis wholesalers, and cannabis retailers are prohibited uses in all zones within the Town of Westfield.
A. 
Principal uses and structures. The following principal uses and structures shall be permitted in the RS-40 zone district:
1. 
Single-family residential uses in detached single-family residential structures;
2. 
Public parks and playgrounds;
3. 
Public and private golf courses with a lot area of at least 100 acres; and
4. 
Community residences and shelters.
B. 
Accessory uses and structures. The following accessory uses and structures shall be permitted in the RS-40 zone district:
1. 
Parking and parking facilities as regulated in Article 17;
2. 
Signs as regulated in Article 16;
3. 
Home occupations as regulated in Article 14;
4. 
Family day care homes as defined in Article 2 and as regulated in N.J.S.A. 40:55D-66.5b.;
5. 
Antennas, as regulated in § 13.04; and
6. 
Accessory uses and structures customarily subordinate and incidental to permitted principal uses and accessory uses and structures customarily subordinate and incidental to permitted conditional uses.
C. 
Conditional uses and structures. The following conditional uses and structures shall be permitted in the RS-40 district only if they comply with the appropriate regulations for such uses or structures in Article 18:
1. 
Residential cluster development;
2. 
Limited child care homes;
3. 
Houses of worship;
4. 
Public and private non-profit schools;
5. 
Board of Education administrative offices;
6. 
Non-profit chartered membership organizations;
7. 
Residential-type public utility facilities; and
8. 
Uses in the flood plain which are also permitted principal, accessory or conditional uses in the RS-40 zone district.
D. 
Prohibited uses and structures. Any use or structure other than those uses or structures permitted in Subsection A, B or C above are prohibited.
E. 
Bulk and lot regulations for conventional development. The following bulk and lot regulations shall apply to conventional development within the RS-40 zone district:
[Amended 9-29-2009 by Ord. No. 1946]
1. 
Minimum lot area. Every lot shall contain a minimum lot area of 40,000 square feet.
2. 
Minimum lot width. There shall be a minimum lot width of 175 feet, provided, however, that the minimum lot width of corner lots shall be 185 feet. In addition, the minimum average width of the lot shall be such that there is a minimum lot area of at least 40,000 square feet within 267 feet of the front lot line, provided, however, that the minimum average lot width of corner lots shall be such that there is a minimum lot area of at least 40,000 square feet within 250 feet of the front lot line.
3. 
Minimum lot frontage. There shall be a minimum lot frontage of 150 feet for all lots, provided, however, that the minimum lot frontage of corner lots shall be 160 feet.
4. 
Minimum lot depth. There shall be a minimum lot depth of 200 feet for all lots.
5. 
Front yard. The front yard shall conform to the established front yard depth as set forth in § 12.03C, D and E. In the event there is no established front yard depth, there shall be a minimum front yard of 60 feet.
For corner lots, the required front yard shall be as established above for interior lots. The required street side yard shall not be less than 30 feet.
6. 
Minimum side yard. Except as provided above for corner lots, there shall be two side yards and no side yard shall be less than 20 feet.
7. 
Minimum rear yard. There shall be a rear yard of at least 60 feet.
8. 
Maximum building height. No principal building shall exceed the maximum of 2 1/2 stories, exclusive of basement, but not more than 35 feet in height.
9. 
Maximum floor area ratio. The maximum floor area ratio shall be as set forth in § 12.04E.
10. 
Maximum coverage by buildings and above-grade structures. The maximum coverage by buildings and above-grade structures shall be as set forth in § 12.04F.
11. 
Maximum coverage by improvements. The maximum coverage by improvements shall be as set forth in § 12.04G.
12. 
Maximum eave height. The maximum eave height shall be 22 feet.
13. 
Maximum building mass at zoning side yard. The maximum continuous length for building walls located adjacent to a side yard property line shall not exceed the maximum continuous wall length at zoning side yard as set forth in § 2.11G.
14. 
Minimum garage space. Each dwelling shall have at a minimum a two-car garage. In the case of an attached, front-facing garage a minimum two-foot offset behind the main facade is required.
F. 
Other regulations. In addition to the above requirements, any development in the RS-40 zone district must comply with all applicable regulations of this ordinance, including but not limited to the following:
[Amended 9-29-2009 by Ord. No. 1946]
1. 
The general provisions of Article 12;
2. 
The architectural design provisions of § 12.11B (new developments containing at least two new dwellings); and
3. 
The off-street parking provisions of Article 17.
A. 
Principal uses and structures. The following principal uses and structures shall be permitted in the RS-24 zone district:
1. 
Single-family residential uses in detached single-family residential structures;
2. 
Public parks and playgrounds; and
3. 
Community residences and shelters.
B. 
Accessory uses and structures. The following accessory uses and structures shall be permitted in the RS-24 zone district:
1. 
Parking and parking facilities as regulated in Article 17;
2. 
Signs as regulated in Article 16;
3. 
Home occupations as regulated in Article 14;
4. 
Family day care homes as defined in Article 2 and as regulated in N.J.S.A. 40:55D-66.5b.;
5. 
Antennas, as regulated in § 13.04; and
6. 
Accessory uses and structures customarily subordinate and incidental to permitted principal uses and accessory uses and structures customarily subordinate and incidental to permitted conditional uses.
C. 
Conditional uses and structures. The following conditional uses and structures shall be permitted in the RS-24 district only if they comply with the appropriate regulations for such uses or structures in Article 18:
1. 
Limited child care homes;
2. 
Houses of worship;
3. 
Public and private non-profit schools;
4. 
Board of Education administrative offices;
5. 
Non-profit chartered membership organizations;
6. 
Residential-type public utility facilities; and
7. 
Uses in the flood plain which are also permitted principal, accessory or conditional uses in the RS-24 zone district.
D. 
Prohibited uses and structures. Any use or structure other than those uses or structures permitted in Subsection A, B or C above are prohibited.
E. 
Bulk and lot regulations. The following bulk and lot regulations shall apply to all development within the RS-24 zone district:
[Amended 9-29-2009 by Ord. No. 1946]
1. 
Minimum lot area. Every lot shall contain a minimum lot area of 24,000 square feet.
2. 
Minimum lot width. There shall be a minimum lot width of 120 feet, provided, however, that the minimum lot width of corner lots shall be 130 feet. In addition, the minimum average width of the lot shall be such that there is a minimum lot area of at least 24,000 square feet within 200 feet of the front lot line, provided, however, that the minimum average lot width of corner lots shall be such that there is a minimum lot area of at least 24,000 square feet within 185 feet of the front lot line.
3. 
Minimum lot frontage. There shall be a minimum lot frontage of 120 feet for all lots, provided, however, that the minimum lot frontage of corner lots shall be 130 feet.
4. 
Minimum lot depth. There shall be a minimum lot depth of 160 feet for all lots.
5. 
Front yard. The front yard shall conform to the established front yard depth as set forth in § 12.03C, D and E. In the event there is no established front yard depth, there shall be a minimum front yard of 50 feet.
For corner lots, the required front yard shall be as established above for interior lots. The required street side yard shall not be less than 25 feet.
6. 
Minimum side yard. Except as provided above for corner lots, there shall be two side yards and no side yard shall be less than 15 feet.
7. 
Minimum rear yard. There shall be a rear yard of at least 50 feet.
8. 
Maximum building height. No principal building shall exceed the maximum of 2 1/2 stories, exclusive of basement, but not more than 33.5 feet in height.
9. 
Maximum floor area ratio. The maximum floor area ratio shall be as set forth in § 12.04E.
10. 
Maximum coverage by buildings and above-grade structures. The maximum coverage by buildings and above-grade structures shall be as set forth in § 12.04F.
11. 
Maximum coverage by improvements. The maximum coverage by improvements shall be as set forth in § 12.04G.
12. 
Maximum eave height. The maximum eave height shall be 22 feet.
13. 
Maximum building mass at zoning side yard. The maximum continuous length for building walls located adjacent to a side yard property line shall not exceed the maximum continuous wall length at zoning side yard as set forth in § 2.11G.
14. 
Minimum garage space. Each dwelling shall have at a minimum a two-car garage. In the case of an attached, front-facing garage a minimum two-foot offset behind the main facade is required.
A. 
Principal uses and structures. The following principal uses and structures shall be permitted in the RS-16 zone district:
1. 
Single-family residential uses in detached single-family residential structures;
2. 
Public parks and playgrounds; and
3. 
Community residences and shelters.
B. 
Accessory uses and structures. The following accessory uses and structures shall be permitted in the RS-16 zone:
1. 
Parking and parking facilities as regulated in Article 17;
2. 
Signs as regulated in Article 16;
3. 
Home occupations as regulated in Article 14;
4. 
Family day care homes as defined in Article 2 and as regulated in N.J.S.A. 40:55D-66.5b.;
5. 
Antennas, as regulated in § 13.04; and
6. 
Accessory uses and structures customarily subordinate and incidental to permitted principal uses and accessory uses and structures customarily subordinate and incidental to permitted conditional uses.
C. 
Conditional uses and structures. The following conditional uses and structures shall be permitted in the RS-16 district only if they comply with the appropriate regulations for such uses or structures in Article 18:
1. 
Assisted living facilities;
2. 
Limited child care homes;
3. 
Houses of worship;
4. 
Public and private non-profit schools;
5. 
Board of Education administrative offices;
6. 
Non-profit chartered membership organizations;
7. 
Residential type public utility facilities; and
8. 
Uses in the flood plain which are also permitted principal, accessory or conditional uses in the RS-16 zone district.
D. 
Prohibited uses and structures. Any use or structure other than those uses or structures permitted in Subsection A, B or C above are prohibited.
E. 
Bulk and lot regulations. The following bulk and lot regulations shall apply to all development within the RS-16 zone district:
[Amended 9-29-2009 by Ord. No. 1946]
1. 
Minimum lot area. Every lot shall contain a minimum lot area of 16,000 square feet.
2. 
Minimum lot width. There shall be a minimum lot width of 90 feet, provided, however, that the minimum lot width of corner lots shall be 95 feet. In addition, the minimum average width of the lot shall be such that there is a minimum lot area of at least 16,000 square feet within 178 feet of the front lot line, provided, however, that the minimum average lot width of corner lots shall be such that there is a minimum lot area of at least 16,000 square feet within 169 feet of the front lot line.
3. 
Minimum lot frontage. There shall be a minimum lot frontage of 90 feet for all lots, provided, however, that the minimum lot frontage of corner lots shall be 95 feet.
4. 
Minimum lot depth. There shall be a minimum lot depth of 140 feet for all lots.
5. 
Front yard. The front yard shall conform to the established front yard depth as set forth in § 12.03C, D and E. In the event there is no established front yard depth, there shall be a minimum front yard of 40 feet.
For corner lots, the required front yard shall be as established above for interior lots. The required street side yard shall not be less than 20 feet.
6. 
Minimum side yard. Except as provided above for corner lots, there shall be two side yards and no side yard shall be less than 15 feet.
7. 
Minimum rear yard. There shall be a rear yard of at least 40 feet.
8. 
Maximum building height. No principal building shall exceed the maximum of 2 1/2 stories, exclusive of basement, but not more than 33.5 feet in height.
9. 
Maximum floor area ratio. The maximum floor area ratio shall be as set forth in § 12.04E.
10. 
Maximum coverage by buildings and above-grade structures. The maximum coverage by buildings and above-grade structures shall be as set forth in § 12.04F.
11. 
Maximum coverage by improvements. The maximum coverage by improvements shall be as set forth in § 12.04G.
12. 
Maximum eave height. The maximum eave height shall be 22 feet.
13. 
Maximum building mass at zoning side yard. The maximum continuous length for building walls located adjacent to a side yard property line shall not exceed the maximum continuous wall length at zoning side yard as set forth in § 2.11G.
14. 
Minimum garage space. Each dwelling shall have at a minimum a two-car garage. In the case of an attached, front-facing garage a minimum two-foot offset behind the main facade is required.
F. 
Supplemental regulations for assisted living facilities. In addition to all other applicable requirements of this ordinance, the following regulations shall apply to assisted living facilities and shall supersede other requirements of this ordinance only in case of conflict. The following regulations shall not be construed to be conditional use requirements:
1. 
Minimum yards. There shall be a front, side and rear yards each not less than 100 feet.
2. 
Maximum building height. No principal building shall exceed 38 feet in height.
3. 
Maximum coverage by buildings and above-grade structures. No more than 15% of the area of any lot shall be covered by buildings and above-grade structures; provided, however, that such coverage may be increased to 17% when at least 2% of such coverage of the lot is by a deck or decks.
Earthen flood detention basins as defined herein shall not be considered as a building or structure for purposes of computing this coverage.
4. 
Maximum coverage by improvements. No more than 30% of the area of any lot shall be covered by physical improvements, including but not limited to buildings; above-grade structures; and at-grade structures including, but not limited to, sidewalks, parking areas, patios, driveways, swimming pools, etc. It is the intention of this provision that each lot shall have at least 70% of its lot area without any improvements except vegetation. Earthen flood detention basins as defined herein shall not be considered as a building, structure or improvement for purposes of computing this coverage.
5. 
Minimum buffer area. There shall be provided parallel to all property lines a buffer at least 50 feet in depth, measured perpendicular to the lot line. Within such buffer area, there shall be no buildings, parking or delivery areas or other improvements except for grading, landscaping, fencing or walls, underground utilities and only those driveways, sidewalks and related improvements necessary to provide access to the site. Detention basins are permitted within such buffer area, provided that the top of any slope or retaining wall for such basins shall be set back at least 15 feet from any property line in a residential zone district.
G. 
Other regulations. In addition to the above requirements, any development in the RS-16 zone district must comply with all applicable regulations of this ordinance, including but not limited to the following:
1. 
The general provisions of Article 12;
2. 
The architectural design provisions of § 12.11B (new developments containing at least two new dwellings); and
3. 
The off-street parking provisions of Article 17.
A. 
Principal uses and structures. The following principal uses and structures shall be permitted in the RS-12 zone district:
1. 
Single-family residential uses in detached single-family residential structures;
2. 
Public parks and playgrounds; and
3. 
Community residences and shelters.
B. 
Accessory uses and structures. The following accessory uses and structures shall be permitted in the RS-12 zone:
1. 
Parking and parking facilities as regulated in Article 17;
2. 
Signs as regulated in Article 16;
3. 
Home occupations as regulated in Article 14;
4. 
Family day care homes as defined in Article 2 and as regulated in N.J.S.A. 40:55D-66.5b.;
5. 
Antennas, as regulated in § 13.04; and
6. 
Accessory uses and structures customarily subordinate and incidental to permitted principal uses and accessory uses and structures customarily subordinate and incidental to permitted conditional uses.
C. 
Conditional uses and structures. The following conditional uses and structures shall be permitted in the RS-12 district only if they comply with the appropriate regulations for such uses or structures in Article 18:
1. 
Limited child care homes;
2. 
Houses of worship;
3. 
Public and private non-profit schools;
4. 
Board of Education administrative offices;
5. 
Non-profit chartered membership organizations;
6. 
Residential-type public utility facilities; and
7. 
Uses in the flood plain which are also permitted principal, accessory or conditional uses in the RS-12 zone district.
D. 
Prohibited uses and structures. Any use or structure other than those uses or structures permitted in Subsection A, B or C above are prohibited.
E. 
Bulk and lot regulations. The following bulk and lot regulations shall apply to all development within the RS-12 zone district:
[Amended 9-29-2009 by Ord. No. 1946]
1. 
Minimum lot area. Every lot shall contain a minimum lot area of 12,000 square feet.
2. 
Minimum lot width. There shall be a minimum lot width of 75 feet, provided, however, that the minimum lot width of corner lots shall be 80 feet. In addition, the minimum average width of the lot shall be such that there is a minimum lot area of at least 12,000 square feet within 160 feet of the front lot line, provided, however, that the minimum average lot width of corner lots shall be such that there is a minimum lot area of at least 12,000 square feet within 150 feet of the front lot line.
3. 
Minimum lot frontage. There shall be a minimum lot frontage of 75 feet for all lots, provided, however, that the minimum lot frontage of corner lots shall be 80 feet.
4. 
Minimum lot depth. There shall be a minimum lot depth of 120 feet for all lots.
5. 
Front yard. The front yard shall conform to the established front yard depth as set forth in § 12.03C, D and E. In the event there is no established front yard depth, there shall be a minimum front yard of 40 feet.
For corner lots, the required front yard shall be as established above for interior lots. The required street side yard shall not be less than 20 feet.
6. 
Minimum side yard. Except as provided above for corner lots, there shall be two side yards and no side yard shall be less than 12 1/2 feet.
7. 
Minimum rear yard. There shall be a rear yard of at least 35 feet.
8. 
Maximum building height. No principal building shall exceed the maximum of 2 1/2 stories, exclusive of basement, but not more than 32.75 feet in height.
9. 
Maximum floor area ratio. The maximum floor area ratio shall be as set forth in § 12.04E.
10. 
Maximum coverage by buildings and above-grade structures. The maximum coverage by buildings and above-grade structures shall be as set forth in § 12.04F.
11. 
Maximum coverage by improvements. The maximum coverage by improvements shall be as set forth in § 12.04G.
12. 
Maximum eave height. The maximum eave height shall be 22 feet.
13. 
Maximum building mass at zoning side yard. The maximum continuous length for building walls located adjacent to a side yard property line shall not exceed the maximum continuous wall length at zoning side yard as set forth in § 2.11G.
14. 
Minimum garage space. Each dwelling shall have at a minimum a two-car garage. In the case of an attached, front-facing garage a minimum two-foot offset behind the main facade is required.
F. 
Other regulations. In addition to the above requirements, any development in the RS-12 zone district must comply with all applicable regulations of this ordinance, including but not limited to the following:
1. 
The general provisions of Article 12;
2. 
The architectural design provisions of § 12.11B (new developments containing at least two new dwellings); and
3. 
The off-street parking provisions of Article 17.
A. 
Principal uses and structures. The following principal uses and structures shall be permitted in the RS-10 zone district:
1. 
Single-family residential uses in detached single-family residential structures;
2. 
Public parks and playgrounds; and
3. 
Community residences and shelters.
B. 
Accessory uses and structures. The following accessory uses and structures shall be permitted in the RS-10 zone:
1. 
Parking and parking facilities as regulated in Article 17;
2. 
Signs as regulated in Article 16;
3. 
Home occupations as regulated in Article 14;
4. 
Family day care homes as defined in Article 2 and as regulated in N.J.S.A. 40:55D-66.5b.;
5. 
Antennas, as regulated in § 13.04; and
6. 
Accessory uses and structures customarily subordinate and incidental to permitted principal uses and accessory uses and structures customarily subordinate and incidental to permitted conditional uses.
C. 
Conditional uses and structures. The following conditional uses and structures shall be permitted in the RS-10 district only if they comply with the appropriate regulations for such uses or structures in Article 18:
1. 
Limited child care homes;
2. 
Houses of worship;
3. 
Public and private non-profit schools;
4. 
Board of Education administrative offices;
5. 
Non-profit chartered membership organizations;
6. 
Residential-type public utility facilities; and
7. 
Uses in the flood plain which are also permitted principal, accessory or conditional uses in the RS-10 zone district.
D. 
Prohibited uses and structures. Any use or structure other than those uses or structures permitted in Subsection A, B or C above are prohibited.
E. 
Bulk and lot regulations. The following bulk and lot regulations shall apply to all development within the RS-10 zone district:
[Amended 9-29-2009 by Ord. No. 1946]
1. 
Minimum lot area. Every lot shall contain a minimum lot area of 10,000 square feet.
2. 
Minimum lot width. There shall be a minimum lot width of 70 feet, provided, however, that the minimum lot width of corner lots shall be 80 feet. In addition, the minimum average width of the lot shall be such that there is a minimum lot area of at least 10,000 square feet within 143 feet of the front lot line, provided, however, that the minimum average lot width of corner lots shall be such that there is a minimum lot area of at least 10,000 square feet within 125 feet of the front lot line.
3. 
Minimum lot frontage. There shall be a minimum lot frontage of 70 feet for all lots, provided, however, that the minimum lot frontage of corner lots shall be 80 feet.
4. 
Minimum lot depth. There shall be a minimum lot depth of 120 feet for all lots.
5. 
Front yard. The front yard shall conform to the established front yard depth as set forth in § 12.03C, D and E. In the event there is no established front yard depth, there shall be a minimum front yard of 40 feet.
For corner lots, the required front yard shall be as established above for interior lots. The required street side yard shall not be less than 20 feet.
6. 
Minimum side yard. Except as provided above for corner lots, there shall be two side yards and no side yard shall be less than 10 feet.
7. 
Minimum rear yard. There shall be a rear yard of at least 35 feet.
8. 
Maximum building height. No principal building shall exceed the maximum of 2 1/2 stories, exclusive of basement, but not more than 32 feet in height.
9. 
Maximum floor area ratio. The maximum floor area ratio shall be as set forth in § 12.04E.
10. 
Maximum coverage by buildings and above-grade structures. The maximum coverage by buildings and above-grade structures shall be as set forth in § 12.04F.
11. 
Maximum coverage by improvements. The maximum coverage by improvements shall be as set forth in § 12.04G.
12. 
Maximum eave height. The maximum eave height shall be 22 feet.
13. 
Maximum building mass at zoning side yard. The maximum continuous length for building walls located adjacent to a side yard property line shall not exceed the maximum continuous wall length at zoning side yard as set forth in § 2.11G.
14. 
Minimum garage space. Each dwelling shall have at a minimum a one-car garage. In the case of an attached, front-facing garage a minimum two-foot offset behind the main facade is required.
F. 
Other regulations. In addition to the above requirements, any development in the RS-10 zone district must comply with all applicable regulations of this ordinance, including but not limited to the following:
1. 
The general provisions of Article 12;
2. 
The architectural design provisions of § 12.11B (new developments containing at least two new dwellings); and
3. 
The off-street parking provisions of Article 17.
A. 
Principal uses and structures. The following principal uses and structures shall be permitted in the RS-8 zone district:
1. 
Single-family residential uses in detached single-family residential structures;
2. 
Public parks and playgrounds; and
3. 
Community residences and shelters.
B. 
Accessory uses and structures. The following accessory uses and structures shall be permitted in the RS-8 zone:
1. 
Parking and parking facilities as regulated in Article 17;
2. 
Signs as regulated in Article 16;
3. 
Home occupations as regulated in Article 14;
4. 
Family day care homes as defined in Article 2 and as regulated in N.J.S.A. 40:55D-66.5b.;
5. 
Antennas, as regulated in § 13.04; and
6. 
Accessory uses and structures customarily subordinate and incidental to permitted principal uses and accessory uses and structures customarily subordinate and incidental to permitted conditional uses.
C. 
Conditional uses and structures. The following conditional uses and structures shall be permitted in the RS-8 district only if they comply with the appropriate regulations for such uses or structures in Article 18:
1. 
Limited child care homes;
2. 
Houses of worship;
3. 
Public and private non-profit schools;
4. 
Board of Education administrative offices;
5. 
Non-profit chartered membership organizations;
6. 
Residential-type public utility facilities; and
7. 
Uses in the flood plain which are also permitted principal, accessory or conditional uses in the RS-8 zone district.
D. 
Prohibited uses and structures. Any use or structure other than those uses or structures permitted in Subsection A, B or C above are prohibited.
E. 
Bulk and lot regulations. The following bulk and lot regulations shall apply to all development within the RS-8 zone district:
[Amended 9-29-2009 by Ord. No. 1946]
1. 
Minimum lot area. Every lot shall contain a minimum lot area of 8,000 square feet, provided, however that the minimum lot area of corner lots shall be 8,400 square feet.
2. 
Minimum lot width. There shall be a minimum lot width of 60 feet, provided, however, that the minimum lot width of corner lots shall be 70 feet. In addition, the minimum average width of the lot shall be such that there is a minimum lot area of at least 8,000 square feet within 134 feet of the front lot line, provided, however, that the minimum average lot width of corner lots shall be such that there is a minimum lot area of at least 8,400 square feet within 120 feet of the front lot line.
3. 
Minimum lot frontage. There shall be a minimum lot frontage of 60 feet for all lots, provided, however, that the minimum lot frontage of corner lots shall be 70 feet.
4. 
Minimum lot depth. There shall be a minimum lot depth of 120 feet for all lots.
5. 
Front yard. The front yard shall conform to the established front yard depth as set forth in § 12.03C, D and E. In the event there is no established front yard depth, there shall be a minimum front yard of 40 feet.
For corner lots, the required front yard shall be as established above for interior lots. The required street side yard shall not be less than 20 feet.
6. 
Minimum side yard. Except as provided above for corner lots, there shall be two side yards and no side yard shall be less than 10 feet.
7. 
Minimum rear yard. There shall be a rear yard of at least 35 feet.
8. 
Maximum building height. No principal building shall exceed the maximum of 2 1/2 stories, exclusive of basement, but not more than 32 feet in height.
9. 
Maximum floor area ratio. The maximum floor area ratio shall be as set forth in § 12.04E.
10. 
Maximum coverage by buildings and above-grade structures. The maximum coverage by buildings and above-grade structures shall be as set forth in § 12.04F.
11. 
Maximum coverage by improvements. The maximum coverage by improvements shall be as set forth in § 12.04G.
12. 
Maximum eave height. The maximum eave height shall be 22 feet.
13. 
Maximum building mass at zoning side yard. The maximum continuous length for building walls located adjacent to a side yard property line shall not exceed the maximum continuous wall length at zoning side yard as set forth in § 2.11G.
14. 
Minimum garage space. Each dwelling shall have at a minimum a one-car garage. In the case of an attached, front-facing garage a minimum two-foot offset behind the main facade is required.
F. 
Other regulations. In addition to the above requirements, any development in the RS-8 zone district must comply with all applicable regulations of this ordinance, including but not limited to the following:
1. 
The general provisions of Article 12;
2. 
The architectural design provisions of § 12.11B (new developments containing at least two new dwellings); and
3. 
The off-street parking provisions of Article 17.
A. 
Principal uses and structures. The following principal uses and structures shall be permitted in the RS-6 zone district:
1. 
Single-family residential uses in detached single-family residential structures;
2. 
Public parks and playgrounds; and
3. 
Community residences and shelters.
B. 
Accessory uses and structures. The following accessory uses and structures shall be permitted in the RS-6 zone:
1. 
Parking and parking facilities as regulated in Article 17;
2. 
Signs as regulated in Article 16;
3. 
Home occupations as regulated in Article 14;
4. 
Family day care homes as defined in Article 2 and as regulated in N.J.S.A. 40:55D-66.5b.;
5. 
Antennas, as regulated in § 13.04; and
6. 
Accessory uses and structures customarily subordinate and incidental to permitted principal uses and accessory uses and structures customarily subordinate and incidental to permitted conditional uses.
C. 
Conditional uses and structures. The following conditional uses and structures shall be permitted in the RS-6 district only if they comply with the appropriate regulations for such uses or structures in Article 18:
1. 
Limited child care homes;
2. 
Houses of worship;
3. 
Public and private non-profit schools;
4. 
Board of Education administrative offices;
5. 
Non-profit chartered membership organizations;
6. 
Residential-type public utility facilities; and
7. 
Uses in the flood plain which are also permitted principal, accessory or conditional uses in the RS-6 zone district.
D. 
Prohibited uses and structures. Any use or structure other than those uses or structures permitted in Subsection A, B or C above are prohibited.
E. 
Bulk and lot regulations. The following bulk and lot regulations shall apply to all development within the RS-6 zone district:
[Amended 9-29-2009 by Ord. No. 1946]
1. 
Minimum lot area. Every lot shall contain a minimum lot area of 6,000 square feet, provided, however, that the minimum lot area of corner lots shall be 7,200 square feet.
2. 
Minimum lot width. There shall be a minimum lot width of 50 feet, provided, however, that the minimum lot width of corner lots shall be 60 feet. In addition, the minimum average width of the lot shall be such that there is a minimum lot area of at least 6,000 square feet within 120 feet of the front lot line, provided, however, that the minimum average lot width of corner lots shall be such that there is a minimum lot area of at least 7,200 square feet within 120 feet of the front lot line.
3. 
Minimum lot frontage. There shall be a minimum lot frontage of 50 feet for all lots, provided, however, that the minimum lot frontage of corner lots shall be 60 feet.
4. 
Minimum lot depth. There shall be a minimum lot depth of 120 feet for all lots.
5. 
Front yard. The front yard shall conform to the established front yard depth as set forth in § 12.03C, D and E. In the event there is no established front yard depth, there shall be a minimum front yard of 40 feet.
For corner lots, the required front yard shall be as established above for interior lots. The required street side yard shall not be less than 20 feet.
6. 
Minimum side yard. Except as provided above for corner lots, there shall be two side yards and no side yard shall be less than 10 feet.
7. 
Minimum rear yard. There shall be a rear yard of at least 35 feet.
8. 
Maximum building height. No principal building shall exceed the maximum of 2 1/2 stories, exclusive of basement, but not more than 32 feet in height.
9. 
Maximum floor area ratio. The maximum floor area ratio shall be as set forth in § 12.04E.
10. 
Maximum coverage by buildings and above-grade structures. The maximum coverage by buildings and above-grade structures shall be as set forth in § 12.04F.
11. 
Maximum coverage by improvements. The maximum coverage by improvements shall be as set forth in § 12.04G.
12. 
Maximum eave height. The maximum eave height shall be 22 feet.
13. 
Maximum building mass at zoning side yard. The maximum continuous length for building walls located adjacent to a side yard property line shall not exceed the maximum continuous wall length at zoning side yard as set forth in § 2.11G.
14. 
Minimum garage space. Each dwelling shall have at a minimum a 1-car garage. In the case of an attached, front-facing garage a minimum two-foot offset behind the main facade is required.
F. 
Other regulations. In addition to the above requirements, any development in the RS-6 zone district must comply with all applicable regulations of this ordinance, including but not limited to the following:
1. 
The general provisions of Article 12;
2. 
The architectural design provisions of § 12.11B (new developments containing at least two new dwellings); and
3. 
The off-street parking provisions of Article 17.
A. 
Principal uses and structures. The following principal uses and structures shall be permitted in the RM-12 zone district:
1. 
Single-family residential uses in detached single-family residential structures;
2. 
Two-family residential uses in a single structure on the same lot;
3. 
Public parks and playgrounds; and
4. 
Community residences and shelters.
B. 
Accessory uses and structures. The following accessory uses and structures shall be permitted in the RM-12 zone:
1. 
Parking and parking facilities as regulated in Article 17;
2. 
Signs as regulated in Article 16;
3. 
Home occupations as regulated in Article 14;
4. 
Family day care homes as defined in Article 2 and as regulated in N.J.S.A. 40:55D-66.5b.;
5. 
Antennas, as regulated in § 13.04; and
6. 
Accessory uses and structures customarily subordinate and incidental to permitted principal uses and accessory uses and structures customarily subordinate and incidental to permitted conditional uses.
C. 
Conditional uses and structures. The following conditional uses and structures shall be permitted in the RM-12 District only if they comply with the appropriate regulations for such uses or structures in Article 18:
[Amended 8-11-2020 by G.O. No. 2177]
1. 
Nonprofit chartered membership organizations;
2. 
Residential-type public utility facilities;
3. 
Certain cellular telecommunications antennas as set forth in Article 18; and
4. 
Boarding houses.
D. 
Prohibited uses and structures. Any use or structure other than those uses or structures permitted in Subsection A, B or C above are prohibited.
E. 
Bulk and lot regulations. The following bulk and lot regulations shall apply to all development within the RM-12 zone district:
[Amended 9-29-2009 by Ord. No. 1946]
1. 
Minimum lot area. Every lot shall contain a minimum lot area of 12,000 square feet, provided, however, that the minimum lot area of corner lots shall be 12,360 square feet.
2. 
Minimum lot width. Every lot shall have a minimum lot width of 75 feet, provided, however, that the minimum lot width of corner lots shall be 103 feet. In addition, the minimum average width of the lot shall be such that there is a minimum lot area of at least 12,000 square feet within 160 feet of the front lot line, provided, however, that the minimum average lot width of corner lots shall be such that there is a minimum lot area of 12,360 square feet within 120 feet of the front lot line.
3. 
Minimum lot frontage. There shall be a minimum lot frontage of 75 feet for all lots, provided, however, that the minimum lot frontage of corner lots shall be 103 feet.
4. 
Minimum lot depth. There shall be a minimum lot depth of 120 feet for all lots.
5. 
Front yard. The front yard shall conform to the established front yard depth as set forth in § 12.03C, D and E. In the event there is no established front yard depth, there shall be a minimum front yard of 40 feet.
For corner lots, the required front yard and street side yard shall both be as established above for front yards of interior lots.
6. 
Minimum side yard. Except as provided above for corner lots, there shall be two side yards and no side yard shall be less than 12 1/2 feet.
7. 
Minimum rear yard. There shall be a rear yard of at least 35 feet.
8. 
Maximum building height. No principal building shall exceed the maximum of 2 1/2 stories, exclusive of basement, but not more than 32 3/4 feet in height.
9. 
Maximum floor area ratio. The maximum floor area ratio shall be as set forth in § 12.04E.
10. 
Maximum coverage by buildings and above-grade structures. The maximum coverage by buildings and above-grade structures shall be as set forth in § 12.04F.
11. 
Maximum coverage by improvements. The maximum coverage by improvements shall be as set forth in § 12.04G.
12. 
Maximum eave height. The maximum eave height shall be 22 feet.
13. 
Maximum building mass at zoning side yard. The maximum continuous length for building walls located adjacent to a side yard property line shall not exceed the maximum continuous wall length at zoning side yard as set forth in § 2.11G.
14. 
Minimum garage space. Each dwelling shall have at a minimum a two-car garage. In the case of an attached, front-facing garage a minimum two-foot offset behind the main facade is required.
F. 
Other regulations. In addition to the above requirements, any development in the RM-12 zone district must comply with all applicable regulations of this ordinance, including but not limited to the following:
1. 
The general provisions of Article 12;
2. 
The architectural design provisions of § 12.11B (new developments containing at least two new dwellings); and
3. 
The off-street parking provisions of Article 17.
A. 
Principal uses and structures. The following principal uses and structures shall be permitted in the RM-8 zone district:
1. 
Single-family residential uses in detached single-family residential structures;
2. 
Two-family residential uses in a single structure on the same lot provided the same have the general appearance of a one-family dwelling with a single main entrance;
[Amended 6-4-2013 by Ord. No. 2008]
3. 
Public parks and playgrounds; and
4. 
Community residences and shelters.
B. 
Accessory uses and structures. The following accessory uses and structures shall be permitted in the RM-8 zone:
1. 
Parking and parking facilities as regulated in Article 17;
2. 
Signs as regulated in Article 16;
3. 
Home occupations as regulated in Article 14;
4. 
Family day care homes as defined in Article 2 and as regulated in N.J.S.A. 40:55D-66.5b.;
5. 
Antennas, as regulated in § 13.04; and
6. 
Accessory uses and structures customarily subordinate and incidental to permitted principal uses and accessory uses and structures customarily subordinate and incidental to permitted conditional uses.
C. 
Conditional uses and structures. The following conditional uses and structures shall be permitted in the RM-8 District only if they comply with the appropriate regulations for such uses or structures in Article 18:
[Amended 8-11-2020 by G.O. No. 2177]
1. 
Houses of worship;
2. 
Public and private nonprofit schools;
3. 
Board of Education administrative offices;
4. 
Nonprofit chartered membership organizations;
5. 
Residential-type public utility facilities;
6. 
Certain cellular telecommunications antennas as set forth in Article 18; and
7. 
Boarding houses.
D. 
Prohibited uses and structures. Any use or structure other than those uses or structures permitted in Subsection A, B or C above are prohibited.
E. 
Bulk and lot regulations. The following bulk and lot regulations shall apply to all development within the RM-8 zone district:
[Amended 9-29-2009 by Ord. No. 1946]
1. 
Minimum lot area. Every lot shall contain a minimum lot area of 8,000 square feet, provided, however, that the minimum lot area of corner lots shall be 8,400 square feet.
2. 
Minimum lot width. Every lot shall have a minimum lot width of 60 feet, provided, however, that the minimum lot width of corner lots shall be 70 feet. In addition, the minimum average width of the lot shall be such that there is a minimum lot area of at least 8,000 square feet within 134 feet of the front lot line, provided, however, that the minimum average lot width of corner lots shall be such that there is a minimum lot area of at least 8,400 square feet within 120 feet of the front lot line.
3. 
Minimum lot frontage. There shall be a minimum lot frontage of 60 feet for all lots, provided, however, that the minimum lot frontage of corner lots shall be 70 feet.
4. 
Minimum lot depth. There shall be a minimum lot depth of 120 feet for all lots.
5. 
Front yard. The front yard shall conform to the established front yard depth as set forth in § 12.03C, D and E. In the event there is no established front yard depth, there shall be a minimum front yard of 40 feet.
For corner lots, the required front yard shall be as established above for interior lots. The required street side yard shall be not less than 20 feet.
6. 
Minimum side yard. Except as provided above for corner lots, there shall be two side yards and no side yard shall be less than 10 feet.
7. 
Minimum rear yard. There shall be a rear yard of at least 35 feet.
8. 
Maximum building height. No principal building shall exceed the maximum of 2 1/2 stories, exclusive of basement, but not more than 32 feet in height.
9. 
Maximum floor area ratio. The maximum floor area ratio shall be as set forth in § 12.04E.
10. 
Maximum coverage by buildings and above-grade structures. The maximum coverage by buildings and above-grade structures shall be as set forth in § 12.04F.
11. 
Maximum coverage by improvements. The maximum coverage by improvements shall be as set forth in § 12.04G.
12. 
Maximum eave height. The maximum eave height shall be 22 feet.
13. 
Maximum building mass at zoning side yard. The maximum continuous length for building walls located adjacent to a side yard property line shall not exceed the maximum continuous wall length at zoning side yard as set forth in § 2.11G.
14. 
Minimum garage space. Only detached garages shall be permitted and each dwelling shall have at a minimum a detached 1-car garage.
[Amended 6-4-2014 by Ord. No. 2008]
15. 
Minimum front porch. Each principal building shall have a front porch, with a width which is at least 50% of the width of the front facade, and a depth of at least five feet.
[Amended 6-4-2014 by Ord. No. 2008]
F. 
Other regulations. In addition to the above requirements, any development in the RM-8 zone district must comply with all applicable regulations of this ordinance, including but not limited to the following:
1. 
The general provisions of Article 12;
2. 
The architectural design provisions of § 12.11B (new developments containing at least two new dwellings); and
3. 
The off-street parking provisions of Article 17.
A. 
Principal uses and structures. The following principal uses and structures shall be permitted in the RM-6 zone district:
1. 
Single-family residential uses in detached single-family residential structures;
2. 
Two-family residential uses in a single structure on the same lot;
3. 
Public parks and playgrounds; and
4. 
Community residences and shelters.
B. 
Accessory uses and structures. The following accessory uses and structures shall be permitted in the RM-6 zone:
1. 
Parking and parking facilities as regulated in Article 17;
2. 
Signs as regulated in Article 16;
3. 
Home occupations as regulated in Article 14;
4. 
Family day care homes as defined in Article 2 and as regulated in N.J.S.A. 40:55D-66.5b.;
5. 
Antennas, as regulated in § 13.04; and
6. 
Accessory uses and structures customarily subordinate and incidental to permitted principal uses and accessory uses and structures customarily subordinate and incidental to permitted conditional uses.
C. 
Conditional uses and structures. The following conditional uses and structures shall be permitted in the RM-6 District only if they comply with the appropriate regulations for such uses or structures in Article 18:
[Amended 8-11-2020 by G.O. No. 2177]
1. 
Houses of worship;
2. 
Nonprofit chartered membership organizations;
3. 
Residential-type public utility facilities;
4. 
Certain cellular telecommunications antennas as set forth in Article 18; and
5. 
Boarding houses.
D. 
Prohibited uses and structures. Any use or structure other than those uses or structures permitted in Subsection A, B or C above are prohibited.
E. 
Bulk and lot regulations. The following bulk and lot regulations shall apply to all development within the RM-6 zone district:
[Amended 9-29-2009 by Ord. No. 1946]
1. 
Minimum lot area.
a. 
Single-family detached dwellings. Each single-family detached dwelling shall be located on a lot containing a minimum area of 6,000 square feet, provided, however, that the minimum lot area of corner lots shall be 7,200 square feet.
b. 
Two-family dwellings. Each two-family dwelling shall be located on a lot containing a minimum area of 8,000 square feet, provided, however, that the minimum lot area of corner lots shall be 8,400 square feet.
2. 
Minimum lot width.
a. 
Single-family detached dwellings. Each single-family detached dwelling shall be located on a lot having a minimum width of 50 feet, provided, however, that the minimum lot width of corner lots shall be 60 feet. In addition, on lots containing a single-family detached dwelling, the minimum average width of the lot shall be such that there is a minimum lot area of at least 6,000 square feet within 120 feet of the front lot line, provided, however, that the minimum average lot width of corner lots shall be such that there is a minimum lot area of at least 7,200 square feet within 120 feet of the front lot line.
b. 
Two-family dwellings. Each two-family dwelling shall be located on a lot having a minimum width of 60 feet, provided, however, that the minimum lot width of corner lots shall be 70 feet. In addition, on lots containing a two-family dwelling, the average width of the lot shall be such that there is a minimum lot area of at least 8,000 square feet within 134 feet of the front lot line, provided, however, that the minimum average lot width of corner lots shall be such that there is a minimum lot area of at least 8,400 square feet within 120 feet of the front lot line.
3. 
Minimum lot frontage.
a. 
Single-family detached dwellings. Each single-family detached dwelling shall be located on a lot with a minimum frontage of 50 feet, provided, however, that the minimum lot frontage of corner lots shall be 60 feet.
b. 
Two-family dwellings. Each two-family dwelling shall be located on a lot with a minimum frontage of 60 feet, provided, however, that the minimum lot frontage of corner lots shall be 70 feet.
4. 
Minimum lot depth. There shall be a minimum lot depth of 120 feet for all lots.
5. 
Front yard. The front yard shall conform to the established front yard depth as set forth in § 12.03C, D and E. In the event there is no established front yard depth, there shall be a front yard of 40 feet.
For corner lots, the required front yard shall be as established above for interior lots. The required street side yard shall be not less than 20 feet.
6. 
Minimum side yard. Except as provided above for corner lots, there shall be two side yards and no side yard shall be less than 10 feet.
7. 
Minimum rear yard. There shall be a rear yard of at least 35 feet.
8. 
Maximum building height. No principal building shall exceed the maximum of 2 1/2 stories, exclusive of basement, but not more than 32 feet in height.
9. 
Maximum floor area ratio. The maximum floor area ratio shall be as set forth in § 12.04E.
10. 
Maximum coverage by buildings and above-grade structures. The maximum coverage by buildings and above-grade structures shall be as set forth in § 12.04F.
11. 
Maximum coverage by improvements. The maximum coverage by improvements shall be as set forth in § 12.04G.
12. 
Maximum eave height. The maximum eave height shall be 22 feet.
13. 
Maximum building mass at zoning side yard. The maximum continuous length for building walls located adjacent to a side yard property line shall not exceed the maximum continuous wall length at zoning side yard as set forth in § 2.11G.
14. 
Minimum garage space. Each dwelling shall have at a minimum a one-car garage. In the case of an attached, front-facing garage a minimum two-foot offset behind the main facade is required.
F. 
Other regulations. In addition to the above requirements, any development in the RM-6 zone district must comply with all applicable regulations of this ordinance, including but not limited to the following:
1. 
The general provisions of Article 12;
2. 
The architectural design provisions of § 12.11B (new developments containing at least two new dwellings); and
3. 
The off-street parking provisions of Article 17.
A. 
Principal uses and structures. The following principal uses and structures shall be permitted in the RM-6D zone district:
1. 
Single-family residential uses in detached single-family residential structures;
2. 
Two-family residential uses in a single structure on the same lot;
3. 
Single-family residential uses in attached single-family residential structures sharing a common vertical wall, also known as duplexes, containing two separate dwelling units on separate lots;
4. 
Public parks and playgrounds; and
5. 
Community residences and shelters.
B. 
Accessory uses and structures. The following accessory uses and structures shall be permitted in the RM-6D zone:
1. 
Parking and parking facilities as regulated in Article 17;
2. 
Signs as regulated in Article 16;
3. 
Home occupations as regulated in Article 14;
4. 
Family day care homes as defined in Article 2 and as regulated in N.J.S.A. 40:55D-66.5b.;
5. 
Antennas, as regulated in § 13.04; and
6. 
Accessory uses and structures customarily subordinate and incidental to permitted principal uses and accessory uses and structures customarily subordinate and incidental to permitted conditional uses.
C. 
Conditional uses and structures. The following conditional uses and structures shall be permitted in the RM-6D District only if they comply with the appropriate regulations for such uses or structures in Article 18
[Amended 8-11-2020 by G.O. No. 2177]
1. 
Nonprofit chartered membership organizations;
2. 
Residential-type public utility facilities;
3. 
Certain cellular telecommunications antennas as set forth in Article 18; and
4. 
Boarding houses.
D. 
Prohibited uses and structures. Any use or structure other than those uses or structures permitted in Subsection A, B or C above are prohibited.
E. 
Bulk and lot regulations. The following bulk and lot regulations shall apply to all development within the RM-6D zone district:
[Amended 9-29-2009 by Ord. No. 1946]
1. 
Minimum lot area.
a. 
Single-family detached dwellings. Each single-family detached dwelling shall be located on a lot containing a minimum area of 6,000 square feet, provided, however, that the minimum lot area of corner lots shall be 7,200 square feet.
b. 
Two-family dwellings. Each two-family dwelling shall be located on a lot containing a minimum area of 8,000 square feet, provided, however, that the minimum lot area of corner lots shall be 8,400 square feet.
c. 
Single-family attached dwellings. Each single-family attached dwelling shall be located on a lot containing a minimum area of 4,000 square feet, provided, however, that the minimum lot area of corner lots shall be 4,800 square feet.
2. 
Minimum lot width.
a. 
Single-family detached dwellings. Each single-family detached dwelling shall be located on a lot having a minimum width of 50 feet, provided, however, that the minimum lot width of corner lots shall be 60 feet. In addition, on lots containing a single-family detached dwelling, the minimum average width of the lot shall be such that there is a minimum lot area of at least 6,000 square feet within 120 feet of the front lot line, provided, however, that the minimum average lot width of corner lots shall be such that there is a minimum lot area of at least 7,200 square feet within 120 feet of the front lot line.
b. 
Two-family dwellings. Each two-family dwelling shall be located on a lot having a minimum width of 60 feet, provided, however, that the minimum lot width of corner lots shall be 70 feet. In addition, on lots containing a two-family dwelling, the minimum average width of the lot shall be such that there is a minimum lot area of at least 8,000 square feet within 134 feet of the front lot line, provided, however, that the minimum average lot width of corner lots shall be such that there is a minimum lot area of at least 8,400 square feet within 120 feet of the front lot line.
c. 
Single-family attached dwellings. Each single-family attached dwelling shall be located on a lot having a minimum width of 30 feet, provided, however, that the minimum lot width of corner lots shall be 40 feet. In addition, on lots containing a single-family attached dwelling, the minimum average width of the lot shall be such that there is a minimum lot area of at least 4,000 square feet within 134 feet of the front lot line, provided, however, that the minimum average lot width of corner lots shall be such that there is a minimum lot area of at least 4,800 square feet within 120 feet of the front lot line.
3. 
Minimum lot frontage.
a. 
Single-family detached dwellings. Each single-family detached dwelling shall be located on a lot with a minimum frontage of 50 feet, provided, however, that the minimum lot frontage of corner lots shall be 60 feet.
b. 
Two-family dwellings. Each two-family dwelling shall be located on a lot with a minimum frontage of 60 feet, provided, however, that the minimum lot frontage of corner lots shall be 70 feet.
c. 
Single-family attached dwellings. Each single-family attached dwelling shall be located on a lot with a minimum frontage of 30 feet, provided, however, that the minimum lot frontage of corner lots shall be 40 feet.
4. 
Minimum lot depth. There shall be a minimum lot depth of 120 feet for all lots.
5. 
Front yard. The front yard shall conform to the established front yard depth as set forth in § 12.03C, D and E. In the event there is no established front yard depth, there shall be a minimum front yard of 40 feet. For corner lots, the required front yard shall be as established above for interior lots. The required street side yard shall be not less than 20 feet.
6. 
Minimum side yard. Except as provided above for corner lots, the following side yard requirements shall apply:
a. 
Single-family detached dwellings and two-family dwellings. There shall be two side yards and no side yard shall be less than 10 feet.
b. 
Single-family attached dwellings. No side yard shall be required along the common vertical wall between two dwellings. The other side yard shall be no less than 10 feet.
7. 
Minimum rear yard. There shall be a rear yard of at least 35 feet.
8. 
Maximum building height. No principal building shall exceed the maximum of 2 1/2 stories, exclusive of basement, but not more than 32 feet in height.
9. 
Maximum floor area ratio. The maximum floor area ratio shall be as set forth in § 12.04E.
10. 
Maximum coverage by buildings and above-grade structures. The maximum coverage by buildings and above-grade structures shall be as set forth in § 12.04F.
11. 
Maximum coverage by improvements. The maximum coverage by improvements shall be as set forth in § 12.04G.
12. 
Maximum eave height. The maximum eave height shall be 22 feet.
13. 
Maximum building mass at zoning side yard. The maximum continuous length for building walls located adjacent to a side yard property line shall not exceed the maximum continuous wall length at zoning side yard as set forth in § 2.11G.
14. 
Minimum garage space. Each dwelling shall have at a minimum a one-car garage. In the case of an attached, front-facing garage a minimum two-foot offset behind the main facade is required.
F. 
Other regulations. In addition to the above requirements, any development in the RM-6D zone district must comply with all applicable regulations of this ordinance, including but not limited to the following:
1. 
The general provisions of Article 12;
2. 
The architectural design provisions of § 12.11B (new developments containing at least two new dwellings); and
3. 
The off-street parking provisions of Article 17.
A. 
Principal uses and structures. Housing for the elderly as defined in Article 2 within a multi-family residential structure shall be permitted as a principal use in the RA-1 zone district.
B. 
Accessory uses and structures. The following accessory uses and structures shall be permitted in the RA-1 zone:
1. 
Parking and parking facilities as regulated in Article 17;
2. 
Signs as regulated in Article 16;
3. 
Home occupations as regulated in Article 14; excluding family day care homes in multi-family residential structures used as housing for the elderly;
4. 
Antennas, as regulated in § 13.04; and
5. 
Accessory uses and structures customarily subordinate and incidental to permitted principal uses and accessory uses and structures customarily subordinate and incidental to permitted conditional uses. For the purposes of administering this provision, decks, patios, and recreational facilities such as swimming pools, tennis courts, racquetball courts, exercise facilities, meeting rooms, community house, game rooms, etc., shall not be considered to be a use customarily incidental to housing for the elderly.
C. 
Conditional uses and structures. The following conditional uses and structures shall be permitted in the RA-1 district only if they comply with the appropriate regulations for such uses or structures in Article 18:
1. 
Residential-type public utility facilities; and
2. 
Certain cellular telecommunications antennas as set forth in Article 18.
D. 
Prohibited uses and structures. Any use or structure other than those uses or structures permitted in Subsection A, B or C above are prohibited.
E. 
Bulk and lot regulations. The following bulk and lot regulations shall apply to all development within the RA-1 zone district:
1. 
Minimum lot area. There shall be a minimum lot area of one acre (43,560 square feet).
2. 
Minimum front yard. For interior lots, there shall be a front yard of not less than 50 feet. For corner lots, the required front yard shall be as established above for interior lots. The required street side yard shall not be less than 25 feet.
3. 
Minimum side yard and rear yard. Except as provided above for corner lots, no building containing dwelling units shall be closer to any side or rear property line than 30 feet. Notwithstanding this requirement, when the side yard in the RA-1 zone abuts the side yard of any residential zone, the minimum side yard in the RA-1 zone shall be equal to one foot for every foot of height of the building in the RA-1 zone, but not less than 30 feet.
4. 
Maximum density. There shall be a maximum density of one dwelling unit for each 4,356 square feet of lot area, or 10 dwelling units for each acre.
5. 
Maximum building height. No principal building shall exceed the maximum of two habitable floors, exclusive of basement, but not more than 30 feet in height.
6. 
Minimum distance between buildings. There shall be provided between buildings containing dwelling units a minimum distance of 30 feet.
7. 
Maximum coverage by buildings and above-grade structures. No more than 17% of the area of any lot shall be covered by buildings and above-grade structures; provided, however, that such coverage may be increased to 19% when at least 2% of such coverage of the lot is by a deck or decks. Earthen flood detention basins as defined herein shall not be considered as a building or structure for purposes of computing this coverage.
8. 
Maximum coverage by improvements. No more than 50% of the area of any lot shall be covered by physical improvements, including but not limited to buildings; above-grade structures; and at-grade structures including, but not limited to, sidewalks, parking areas, patios, driveways, swimming pools, etc. It is the intention of this provision that each lot shall have at least 50% of its lot area without any improvements except vegetation. Earthen flood detention basins as defined herein shall not be considered as a building, structure or improvement for purposes of computing this coverage.
9. 
Maximum dwelling units per building. No building shall contain more than four dwelling units.
10. 
Minimum floor area per dwelling unit. Every housing for the elderly building shall contain a minimum habitable floor area per dwelling unit that complies with the following schedule:
Number of Rooms*
Minimum Habitable Floor Area
(square feet)
1
600
2
750
3
900
4 or more
1,050
*
Exclusive of main living room, kitchen, dinette or dining room where permitted, bathrooms and closets.
11. 
Minimum number of bedrooms. Each dwelling unit shall contain at least one bedroom.
F. 
Other regulations. In addition to the above requirements, any development in the RA-1 zone district must comply with all applicable regulations of this ordinance, including but not limited to the following:
1. 
Compatible architecture. The design of accessory buildings and structures, including the nature of building materials used, shall be substantially the same as used in the construction of principal buildings on the same site designed to be used as housing for the elderly.
2. 
Screening. Any premises in the RA-1 zone that is used for housing for the elderly shall be effectively screened on any side which abuts any premises that is used exclusively as a single-family detached or two-family dwelling. The required screening shall meet the conditions imposed by the Planning Board for this purpose.
3. 
The general provisions of Article 12 shall be met.
4. 
The off-street parking provisions of Article 17 shall be met.
A. 
Principal uses and structures. Garden apartments as defined in Article 2 shall be permitted as a principal use and structure in the RA-2 zone district.
B. 
Accessory uses and structures. The following accessory uses and structures shall be permitted in the RA-2 zone:
1. 
Parking and parking facilities as regulated in Article 17;
2. 
Signs as regulated in Article 16;
3. 
Home occupations as regulated in Article 14, excluding family day care homes in garden apartments;
4. 
Antennas, as regulated in § 13.04; and
5. 
Accessory uses and structures customarily subordinate and incidental to permitted principal uses and accessory uses and structures customarily subordinate and incidental to permitted conditional uses. For the purposes of administering this provision, decks and patios shall not be considered to be a use customarily incidental to a garden apartment.
C. 
Conditional uses and structures. The following conditional uses and structures shall be permitted in the RA-2 district only if they comply with the appropriate regulations for such uses or structures in Article 18:
1. 
Residential-type public utility facilities; and
2. 
Certain cellular telecommunications antennas as set forth in Article 18.
D. 
Prohibited uses and structures. Any use or structure other than those uses or structures permitted in Subsection A, B or C above are prohibited.
E. 
Bulk and lot regulations. The following bulk and lot regulations shall apply to all development within the RA-2 zone district:
1. 
Minimum lot area. There shall be a minimum lot area of two acres (87,120 square feet).
2. 
Minimum lot width. There shall be a minimum lot width of 200 feet.
3. 
Minimum front yard. For interior lots, there shall be a front yard of not less than 50 feet. For corner lots, the required front yard shall be as established above for interior lots. The required street side yard shall not be less than 25 feet.
4. 
Minimum side yard and rear yard. Except as provided above for corner lots, no building containing dwelling units shall be closer to any side or rear property line than 30 feet. Notwithstanding this requirement, when the side yard in the RA-2 zone abuts the side yard of any residential zone, the minimum side yard in the RA-2 zone shall be equal to one foot for every foot of height of the building in the RA-2 zone, but not less than 30 feet.
5. 
Maximum density. There shall be a maximum density of 13 dwelling units for each acre of lot area.
6. 
Maximum rooms per acre. There shall not be more than 20 rooms per acre, exclusive of main living rooms, kitchens, dinettes, bathrooms and closets.
7. 
Maximum building height. No principal building shall exceed the maximum of two habitable floors, exclusive of basement, but not more than 30 feet in height. No accessory building shall exceed one story in height.
8. 
Minimum distance between buildings. There shall be provided between buildings containing dwelling units a minimum distance of 30 feet. In any "U" shaped building or group of attached buildings forming a "U" shape, the open court across the "U" shall not be less than 60 feet, and said court shall not contain any accessory building.
9. 
Maximum coverage by buildings and above-grade structures. No more than 17% of the area of any lot shall be covered by buildings and above-grade structures; provided, however, that such coverage may be increased to 19% when at least 2% of such coverage of the lot is by a deck or decks. Earthen flood detention basins as defined herein shall not be considered as a building or structure for purposes of computing this coverage.
10. 
Maximum coverage by improvements. No more than 50% of the area of any lot shall be covered by physical improvements, including but not limited to buildings; above-grade structures; and at-grade structures including, but not limited to, sidewalks, parking areas, patios, driveways, swimming pools, etc. It is the intention of this provision that each lot shall have at least 50% of its lot area without any improvements except vegetation. Earthen flood detention basins as defined herein shall not be considered as a building, structure or improvement for purposes of computing this coverage.
11. 
Maximum dwelling units per building. No building shall contain more than 12 dwelling units.
12. 
Minimum floor area per dwelling unit. Every building shall contain a minimum habitable floor area per dwelling unit that complies with the following schedule:
Number of Rooms*
Minimum Habitable Floor Area
(square feet)
1
600
2
750
3
900
4 or more
1,050
*
Exclusive of main living room, kitchen, dinette or dining room where permitted, bathrooms and closets.
13. 
Minimum number of bedrooms. Each dwelling unit shall contain at least one bedroom.
14. 
Maximum continuous wall length. The longest dimension of any continuous exterior wall of any building shall not be greater than 50 feet. For the purpose of administering this provision, any exterior wall that is offset for a depth of four feet or greater shall be construed as a separate wall.
F. 
Other regulations. In addition to the above requirements, any development in the RA-2 zone district must comply with all applicable regulations of this ordinance, including but not limited to the following:
1. 
Compatible architecture. The design of accessory buildings and structures, including the nature of building materials used, shall be substantially the same as used in the construction of principal buildings on the same site designed to be used for garden apartments.
2. 
Use of accessory buildings, basements and attics. No part of any accessory building or structure shall be used for living purposes. No portion of any building or structure below the first floor or above the second floor shall be used for dwelling purposes, except that one basement dwelling unit may be provided for on the lot and occupied by a janitor or superintendent employed upon the premises.
3. 
Screening. Any premises in the RA-2 zone that is used for garden apartments shall be effectively screened on any side which abuts any premises that are used exclusively as a single-family detached or two-family dwelling. The required screening shall meet the conditions imposed by the Planning Board for this purpose.
4. 
The general provisions of Article 12 shall be met.
5. 
The off-street parking provisions of Article 17 shall be met.
A. 
Principal uses and structures. The following principal uses and structures shall be permitted in the RA-3 zone district:
[Amended 5-11-1999 by Ord. No. 1734]
1. 
Garden apartments as defined in Article 2;
2. 
Single-family residential uses in detached single-family residential structures;
3. 
Two-family residential uses in a single structure on the same lot;
4. 
Public parks and playgrounds; and
5. 
Multi-family residences as defined in Article 2, limited to the following ownership types:
a. 
Fee simple ownership of individual units;
b. 
Condominium ownership; or
c. 
Cooperative ownership.
B. 
Accessory uses and structures. The following accessory uses and structures shall be permitted in the RA-3 zone:
1. 
Parking and parking facilities as regulated in Article 17;
2. 
Signs as regulated in Article 16;
3. 
Home occupations as regulated in Article 14, excluding family day care homes in garden apartments;
4. 
Antennas, as regulated in § 13.04; and
5. 
Accessory uses and structures customarily subordinate and incidental to permitted principal uses and accessory uses and structures customarily subordinate and incidental to permitted conditional uses. For the purposes of administering this provision, recreational facilities such as swimming pools, tennis courts, racquetball courts, exercise facilities, meeting rooms, community house, game rooms, etc., shall not be considered to be a use customarily incidental to a garden apartment or other multi-family residence.
[Amended 5-11-1999 by Ord. No. 1734]
C. 
Conditional uses and structures. The following conditional uses and structures shall be permitted in the RA-3 district only if they comply with the appropriate regulations for such uses or structures in Article 18:
1. 
Residential-type public utility facilities; and
2. 
Certain cellular telecommunications antennas as set forth in Article 18.
D. 
Prohibited uses and structures. Any use or structure other than those uses or structures permitted in Subsection A, B or C above are prohibited.
E. 
Bulk and lot regulations for garden apartments and other multi-family residences. The following bulk and lot regulations shall apply to all garden apartments and other multi-family residences within the RA-3 zone district:
[Amended 5-11-1999 by Ord. No. 1734]
1. 
Minimum lot area. There shall be a minimum lot area of 15,000 square feet.
2. 
Minimum lot width. There shall be a minimum lot width of 100 feet.
3. 
Minimum front yard. For interior lots, there shall be a front yard of not less than 40 feet. For corner lots, the required front yard shall be as established above for interior lots. The required street side yard shall not be less than 20 feet.
4. 
Minimum side yard and rear yard. Except as provided above for corner lots, no building containing dwelling units shall be closer to any side or rear property line than 30 feet. Notwithstanding this requirement, when the side yard in the RA-3 zone abuts the side yard of any residential zone, the minimum side yard in the RA-3 zone shall be equal to one foot for every foot of height of the building in the RA-3 zone, but not less than 30 feet.
5. 
Maximum density. There shall be a maximum density of 18 dwelling units for each acre of lot area within the RA-3 district.
[Amended 9-29-2009 by Ord. No. 1946]
6. 
Maximum rooms per acre. There shall not be more than 36 rooms per acre, exclusive of main living rooms, kitchens, dinettes, bathrooms and closets.
[Amended 9-29-2009 by Ord. No. 1946]
7. 
Maximum building height. No principal building shall exceed the maximum of 2 1/2 stories, exclusive of basement, but not more than 35 feet in height. No accessory building shall exceed one story in height.
[Amended 9-29-2009 by Ord. No. 1946]
8. 
Minimum garage space. Each dwelling shall have at a minimum a 1-car garage. In the case of an attached, front-facing garage a minimum two-foot offset behind the main facade is required.
[Amended 9-29-2009 by Ord. No. 1946]
9. 
Minimum distance between buildings. There shall be provided between buildings containing dwelling units a minimum distance of 30 feet. In any "U" shaped building or group of attached buildings forming a "U" shape, the open court across the "U" shall not be less than 60 feet, and said court shall not contain any accessory building.
10. 
Maximum coverage by buildings and above-grade structures. No more than 25% of the area of any lot shall be covered by buildings and above-grade structures; provided, however, that such coverage may be increased to 27% when at least 2% of such coverage of the lot is by a deck or decks. Earthen flood detention basins as defined herein shall not be considered as a building or structure for purposes of computing this coverage.
11. 
Maximum coverage by improvements. No more than 50% of the area of any lot shall be covered by physical improvements, including but not limited to buildings; above-grade structures; and at-grade structures including, but not limited to, sidewalks, parking areas, patios, driveways, swimming pools, etc. It is the intention of this provision that each lot shall have at least 50% of its lot area without any improvements except vegetation. Earthen flood detention basins as defined herein shall not be considered as a building, structure or improvement for purposes of computing this coverage.
12. 
Maximum dwelling units per building. No building shall contain more than 16 dwelling units. For purposes of administering this section, where buildings containing dwelling units are connected by an accessory structure which does not contain dwelling units, each building containing dwelling units shall be considered a separate building.
13. 
Minimum floor area per dwelling unit. Every building shall contain a minimum habitable floor area per dwelling unit that complies with the following schedule:
Number of Rooms*
Minimum Habitable Floor Area
(square feet)
1
600
2
750
3
900
4 or more
1,050
*
Exclusive of main living room, kitchen, dinette or dining room where permitted, bathrooms and closets.
14. 
Minimum number of bedrooms. Each dwelling unit shall contain at least one bedroom.
15. 
Maximum continuous wall length. The longest dimension of any continuous exterior wall of any building shall not be greater than 50 feet. For the purpose of administering this provision, any exterior wall that is offset for a depth of four feet or greater shall be construed as a separate wall.
F. 
Other regulations applicable to garden apartments and other multi-family residences. In addition to the above bulk and lot regulations, the following regulations shall apply to garden apartment and other multi-family residence developments:
[Amended 5-11-1999 by Ord. No. 1734]
1. 
Compatible architecture. The design of accessory buildings and structures, including the nature of building materials used, shall be substantially the same as used in the construction of principal buildings on the same site designed to be used for garden apartments or other multi-family residences.
2. 
Use of accessory buildings, basements and attics. No part of any accessory building or structure shall be used for living purposes. No portion of any building or structure below the first floor or above the second floor shall be used for dwelling purposes, except that one basement single-family dwelling unit may be provided for on the lot and occupied by a janitor or superintendent employed upon the premises.
3. 
Screening. Any premises in the RA-3 zone that is used for garden apartments or other multi-family residences shall be effectively screened on any side which abuts any premises that is used exclusively as a single-family detached or two-family dwelling. The required screening shall meet the conditions imposed by the Planning Board for this purpose.
G. 
Bulk and lot regulations for single family detached and two-family dwellings. The following bulk and lot regulations shall apply to single-family detached dwellings and two-family dwellings in the RA-3 zone district:
[Amended 9-29-2009 by Ord. No. 1946]
1. 
Minimum lot area.
a. 
Single-family detached dwellings. Each single-family detached dwelling shall be located on a lot containing a minimum area of 6,000 square feet.
b. 
Two-family dwellings. Each two-family dwelling shall be located on a lot containing a minimum area of 8,000 square feet.
2. 
Minimum lot width.
a. 
Single-family detached dwellings. Each single-family detached dwelling shall be located on a lot with a minimum width of 50 feet. In addition, on lots containing a single-family detached dwelling, the average width of the lot shall be such that there is a minimum lot area of at least 6,000 square feet within 120 feet of the front street sideline.
b. 
Two-family dwellings. Each two-family dwelling shall be located on a lot with a minimum width of 60 feet. In addition, on lots containing a two-family dwelling, the average width of the lot shall be such that there is a minimum lot area of at least 8,000 square feet within 134 feet of the front street sideline.
3. 
Minimum lot frontage.
a. 
Single-family detached dwellings. Each single-family detached dwelling shall be located on a lot with a minimum frontage of 50 feet.
b. 
Two-family dwellings. Each two-family dwelling shall be located on a lot with a minimum frontage of 60 feet, except that lots which front entirely on the outer curve of a curved street or which front entirely on a cul-de-sac turnaround shall have a minimum lot frontage of 50 feet.
4. 
Minimum lot depth. There shall be a minimum lot depth of 120 feet for all lots.
5. 
Front yard. The front yard shall conform to the established front yard depth as set forth in § 12.03C, D and E. In the event there is no established front yard depth, there shall be a minimum front yard of 40 feet.
For corner lots, the required front yard shall be as established above for interior lots. The required street side yard shall not be less than 20 feet.
6. 
Minimum side yard. Except as provided above for corner lots, there shall be two side yards and no side yard shall be less than 10 feet.
7. 
Minimum rear yard. There shall be a rear yard of at least 35 feet.
8. 
Maximum building height. No principal building shall exceed the maximum of 2 1/2 stories, exclusive of basement, but not more than 35 feet in height.
9. 
Maximum floor area ratio. The maximum floor area ratio shall be as set forth in § 12.04E.
10. 
Maximum coverage by buildings and above-grade structures. The maximum coverage by buildings and above-grade structures shall be as set forth in § 12.04F.
11. 
Maximum coverage by improvements. The maximum coverage by improvements shall be as set forth in § 12.04G.
12. 
Maximum eave height. The maximum eave height shall be 22 feet.
13. 
Maximum building mass at zoning side yard. The maximum continuous length for building walls located adjacent to a side yard property line shall not exceed the maximum continuous wall length at zoning side yard as set forth in § 2.11G.
14. 
Minimum garage space. Each dwelling shall have at a minimum a one-car garage. In the case of an attached, front-facing garage a minimum two-foot offset behind the main facade is required.
H. 
Other regulations. In addition to the above requirements, any development in the RA-3 zone district must comply with all applicable regulations of this ordinance, including but not limited to the following:
1. 
The general provisions of Article 12;
2. 
The architectural design provisions of § 12.11B (new developments containing at least two new single-family detached dwellings); and
3. 
The off-street parking provisions of Article 17.
A. 
Principal uses and structures. Senior citizens housing for persons of low and moderate incomes shall be permitted as a principal use and structure in the RA-4 zone district. Said permitted housing is limited to development under a limited dividend or non-profit housing corporation sponsorship and financed under State and/or Federal housing programs.
B. 
Accessory uses and structures. The following accessory uses and structures shall be permitted in the RA-4 zone:
1. 
Parking and parking facilities as regulated in Article 17;
2. 
Signs as regulated in Article 16;
3. 
Antennas, as regulated in § 13.04; and
4. 
Accessory uses and structures customarily subordinate and incidental to permitted principal uses and accessory uses and structures customarily subordinate and incidental to permitted conditional uses. For the purposes of administering this provision, recreational facilities such as swimming pools, tennis courts and racquetball courts shall not be considered to be a use customarily incidental to senior citizens housing.
C. 
Conditional uses and structures. The following conditional uses and structures shall be permitted in the RA-4 district only if they comply with the appropriate regulations for such uses or structures in Article 18:
1. 
Residential-type public utility facilities;
2. 
Certain cellular telecommunications antennas as set forth in Article 18; and
3. 
Uses in the flood plain which are also permitted principal, accessory or conditional uses in the RA-4 zone district.
D. 
Prohibited uses and structures. Any use or structure other than those uses or structures permitted in Subsection A, B or C above are prohibited.
E. 
Bulk and lot regulations. The following bulk and lot regulations shall apply to all development within the RA-4 zone district:
1. 
Minimum lot area. There shall be a minimum lot area of five acres.
2. 
Minimum front yard. For interior lots, there shall be a front yard of not less than 75 feet. For corner lots, the required front yard shall be as established above for interior lots, and the required street side yard shall not be less than 38 feet.
3. 
Minimum side yard and rear yard. Except as provided above for corner lots, no building shall be closer to a side or rear property line or zone district boundary line than 100 feet.
4. 
Maximum density. There shall be a maximum density of 16 dwelling units for each acre of lot area.
5. 
Maximum building height. No principal building shall exceed the maximum of three habitable floors, exclusive of basement, but not more than 40 feet in height. Specifically excluded from this height limitation is architectural ornamentation such as, but not limited to, cupolas and balustrades; provided no such architectural ornamentation shall exceed 10 feet in height above the building as measured without such ornamentation.
No accessory building shall exceed one story in height.
6. 
Maximum building coverage. No more than 25% of the area of any lot shall be covered by above grade buildings and/or structures. Flood detention basins, decks and patios as defined herein shall not be considered as a building or structure for purposes of computing this coverage.
7. 
Maximum coverage by improvements. No more than 50% of the area of any lot shall be covered by physical improvements, including but not limited to buildings; above-grade structures; and at-grade structures including, but not limited to, sidewalks, parking areas, patios, driveways, swimming pools, etc. It is the intention of this provision that each lot shall have at least 50% of its lot area without any improvements except vegetation. Earthen flood detention basins as defined herein shall not be considered as a building, structure or improvement for purposes of computing this coverage.
8. 
Minimum floor area per dwelling unit. Every housing for the elderly building shall contain a minimum habitable floor area per dwelling unit that complies with the following schedule:
Number of Rooms*
Minimum Habitable Floor Area
(square feet)
0 (efficiency)
400
1
550
2
700
*
Exclusive of main living room, kitchen, dinette or dining room where permitted, bathrooms and closets.
F. 
Affordable housing regulations.
1. 
Affordability controls. Affordability controls relating to low- and moderate-income housing shall be consistent with rules and regulations established by the New Jersey Council on Affordable Housing. The administration of such affordability controls, including occupancy selection, determination of eligibility, establishment of rents and other related matters shall be performed by an agent or agency appointed by the governing body as otherwise provided by ordinance.
2. 
Occupancy requirements. To the extent consistent with law and regulations of the New Jersey Council on Affordable Housing, the New Jersey Mortgage Finance Housing Agency and the Federal Housing and Urban Development Agency, occupancy shall be for senior citizens as therein defined who are residents of the Town of Westfield.
G. 
Other regulations applicable to senior citizens housing.
1. 
Compatible architecture. The design of accessory buildings and structures, including the nature of building materials used, shall be substantially the same as used in the construction of principal buildings on the same site designed to be used for senior citizens housing.
2. 
Use of accessory buildings, basements and attics. No part of any accessory building or structure, basement or attic shall be used for living purposes.
3. 
Screening. Any premises in the RA-4 zone that is used for senior citizens housing shall be effectively screened on any side which abuts any premises that is used exclusively as a single-family detached or two-family dwelling. The required screening shall meet the conditions imposed by the Planning Board for this purpose.
H. 
Other regulations. In addition to the above requirements, any development in the RA-4 zone district must comply with all applicable regulations of this ordinance, including but not limited to the following:
1. 
The general provisions of Article 12; and
2. 
The off-street parking provisions of Article 17.
[Amended 5-7-2013 by Ord. No. 2000]
A. 
Principal uses and structures. The following principal uses and structures shall be permitted in the RA-5A zone district:
1. 
Multi-family residences as defined in Article 2;
2. 
Single-family residential uses in attached single-family residential structures, also known as townhouses; and
3. 
Private open space, private and public parks and playgrounds.
B. 
Accessory uses and structures. The following accessory uses and structures shall be permitted in the RA-5A zone district:
1. 
Parking and parking facilities as regulated in Article 17;
2. 
Signs as regulated in Article 16;
3. 
Antennas, as regulated in § 13.04; and
4. 
Accessory uses and structures customarily subordinate and incidental to permitted principal uses and accessory uses and structures customarily subordinate and incidental to permitted conditional uses.
C. 
Conditional uses and structures. Residential-type public utility facilities shall be permitted in the RA-5A zone district only if they comply with the appropriate regulations for such uses or structures in Article 18.
D. 
Prohibited uses and structures. Any use or structure other than those uses or structures permitted in Subsection A, B or C above are prohibited.
E. 
Bulk and lot regulations. Development of the property within this district shall be similar to that reflected on the attached Exhibit A, Concept Plan Drawing, including building footprint, building orientation, and building locations, subject to de minimis adjustments in order to accommodate design improvements and engineering constraints; and, generally similar in architectural style to that reflected in the attached Exhibit B, Artist’s Conceptual Rendering.[1] The following bulk and lot regulations shall apply to all developments within the RA-5A Zone district:
[Amended 3-13-2018 by Ord. No. 2101; 7-10-2018 by Ord. No. 2108; 6-15-2021 by G.O. No. 2217]
1. 
Minimum tract area. There shall be a minimum tract area of five acres.
2. 
Minimum front yard.
a. 
Principal structures: 50 feet. However, balconies may encroach up to four feet into this required minimum setback provided that they shall be open and without enclosures on all sides (except on the side abutting the building wall) and except for any railing or wall required per applicable construction codes; roofs shall be permitted on balconies.
b. 
Accessory structures including swimming pools and clubhouses: 115 feet with all improvements located a minimum of 50 feet from any existing residential principal structures on contiguous properties.
3. 
Minimum side yard and rear yard.
a. 
Principal structures: 25 feet. However, balconies may encroach up to four feet into this required minimum setback provided that they shall be open and without enclosures on all sides (except on the side abutting the building wall) and except for any railing or wall required per applicable construction codes; roofs shall be permitted on balconies.
b. 
Stand-alone accessory structures including swimming pools and clubhouses: 20 feet with all improvements located a minimum of 50 feet from any existing residential principal structures on contiguous properties.
4. 
Maximum density. The maximum density shall be 24.6 dwelling units per acre, which equates to an allowable 162 dwelling units on the 6.61 acre site.
5. 
Maximum building height. No principal building shall exceed a maximum of 4 stories but not more than 47 feet in height. An architectural feature designed to give the appearance of a pitched style roof may exceed the permitted height by eight feet, when used to screen flat roofs and/or mechanical equipment. No accessory building shall exceed the maximum of 1.5 stories or 25 feet in height.
6. 
Minimum distance between buildings.
a. 
Sixty feet between building walls. However, balconies may encroach up to six feet into this required minimum distance provided that they shall be open and without enclosures on all sides (except on the side abutting the building wall) and except for any railing or wall required per applicable construction codes; roofs shall be permitted on balconies.
7. 
Maximum coverage by buildings and above-grade structures. No more than 37.5% of the area of any lot shall be covered by buildings and above-grade structures. Earthen flood detention basins as defined herein shall not be considered as a building or structure for purposes of computing this coverage.
8. 
Maximum coverage by improvements. No more than 65% of the area of any lot shall be covered by physical improvements, including but not limited to, buildings, above-grade structures, and at-grade structures including, but not limited to, sidewalks, parking areas, patios, driveways, swimming pools, etc. It is the intention of this provision that each lot shall have at least 35% of its lot area without any improvements except vegetation. Earthen flood detention basins as defined herein shall not be considered as a building, structure or improvement for purposes of computing this coverage.
9. 
Maximum dwelling units per building. No townhouse building shall contain more than six dwelling units. No multifamily residential building shall contain more than 66 dwelling units.
10. 
Maximum continuous wall length. The longest dimension of any continuous exterior wall of any building shall not be greater than 60 feet. For the purpose of administering this provision, any exterior wall that is offset for a depth of two feet or greater shall be construed as a separate wall.
11. 
Miscellaneous requirements for accessory structures. Accessory structures including swimming pools and clubhouses:
a. 
Are permitted within principal use buildings.
b. 
Are permitted in side and rear yards and prohibited in front yards.
c. 
Stand-alone clubhouses may not exceed 3,500 square feet in size.
[1]
Editor's Note: Said exhibits are on file in the Town offices.
F. 
Affordable housing regulations. The following regulations shall apply to all developments which provide for affordable housing within the RA-5A zone district:
1. 
Total number of affordable units. Any development for multifamily residences or single-family attached residences shall be required to include at least 32 of the units to be sold or rented at rates affordable to low-, very low- and moderate-income limits. All 32 affordable units shall be constructed on site. The developer shall also be required to make a payment in lieu of providing a 33rd affordable housing unit in the amount of $60,000 which shall be paid into the Town’s Affordable Housing Trust Fund. The developer shall pay half of the payment ($30,000) as a condition precedent to the issuance of the first construction permit for the project and the remaining payment ($30,000) as a condition precedent to the issuance of the first certificate of occupancy.
[Amended 7-10-2018 by Ord. No. 2108; 6-15-2021 by G.O. No. 2217]
2. 
All other provisions governing the development of affordable housing in this zone district shall be in accordance with the provisions of the Town of Westfield Affordable Housing Regulations contained in Article 23 of the Land Use Ordinance.
3. 
Compliance with site plan and subdivision standards. Compliance with Article 10, Design Guidelines, Standards and Construction Specifications, shall be required for all affordable housing developments, except where deviations from such provisions are determined by the Planning Board to be necessary to provide affordable housing as permitted herein. In considering deviations, the Planning Board shall be guided by the rules and regulations of the Council on Affordable Housing at N.J.A.C. 5:93-10.
G. 
Other regulations. The following other regulations shall apply to all development within the RA-5A zone district:
1. 
Townhouse facade variation. In order to avoid excessive visual monotony, the front and rear facade of each townhouse dwelling unit shall be substantially different in appearance from the facade of adjacent dwelling units. The facade variation as required herein shall be accomplished by the use of different materials, textures or colors, or any combination thereof; provided that the facade designs shall avoid excessive variety or contrast. The use of materials, textures and colors shall be harmonious and compatible throughout the entire development.
2. 
Compatible architecture. The design of accessory buildings and structures, including the nature of building materials used, shall be substantially the same as used in the construction of principal buildings on the same site designed to be used for multi-family residences or single-family attached residences.
3. 
Use of accessory buildings. No part of any stand-alone accessory building or structure shall be used for living purposes.
[Amended 6-15-2021 by G.O. No. 2217]
4. 
Screening. Any premises in the RA-5A zone that is used for multi-family residences or single-family attached residences shall be effectively screened on any side which abuts any premises that is used exclusively as a single-family detached or two-family dwelling. The required screening shall meet the conditions imposed by the Planning Board for this purpose.
5. 
Affordability regulations. All inclusionary developments in the RA-5A zone district shall comply with all applicable affordable housing regulations of Article 23 of the Land Use Ordinance, and all affordable housing constructed in the RA-5A zone district shall be constructed, marketed, sold and/or rented in accordance with the New Jersey Uniform Housing Affordability Controls (UHAC) set forth in N.J.A.C. 5:80-26.1 et seq. and N.J.A.C. 5:97-1 et seq.
6. 
General provisions, parking and loading. In addition to the above requirements, all developments in the RA-5A zone district shall comply with all other applicable provisions of the Land Use Ordinance, including but not limited to, the general provisions of Article 12, and the off-street parking provisions of Article 17.
7. 
Pre-existing uses. The use(s) existing on the property, at the time of adoption of this ordinance, are permitted to continue. The uses are permitted to be demolished, rebuilt and modified in accordance with the prior zoning standards that were in effect at the time of this rezoning. No change of use shall otherwise occur except in strict conformance with this ordinance.
H. 
Effective date. The within new Article 11.18 of the Land Use Ordinance shall not become effective until: (1) proper passage and publication in accordance with law; (2) entry by the Superior Court of New Jersey of a Final Judgment of Compliance and Repose in litigation entitled Sunnyside Senior Housing of Westfield, LLC v. Town of Westfield, et al., Docket No. UNN-L-135-09, and (3) the expiration of the forty-five-day appeal period without an appeal of the Judgment of Compliance and Repose having been filed.
[Amended 5-7-2013 by Ord. No. 2000]
A. 
Principal uses and structures. The following principal uses and structures shall be permitted in the RA-5B zone district:
1. 
Multi-family residences as defined in Article 2, limited to the following ownership types:
a. 
Fee simple ownership of individual units;
b. 
Condominium ownership; or
c. 
Cooperative ownership;
2. 
Single-family residential uses in attached single-family residential structures, also known as townhouses; and
3. 
Private open space, private and public parks and playgrounds.
B. 
Accessory uses and structures. The following accessory uses and structures shall be permitted in the RA-5B zone:
1. 
Parking and parking facilities as regulated in Article 17;
2. 
Signs as regulated in Article 16;
3. 
Antennas, as regulated in § 13.04; and
4. 
Accessory uses and structures customarily subordinate and incidental to permitted principal uses and accessory uses.
C. 
Conditional uses and structures. Residential-type public utility facilities shall be permitted in the RA-5B district only if they comply with the appropriate regulations for such uses or structures in Article 18.
D. 
Prohibited uses and structures. Any use or structure other than those uses or structures permitted in Subsection A, B or C above are prohibited.
E. 
Bulk and lot regulations. The following bulk and lot regulations shall apply to all developments within the RA-5B zone district:
1. 
Minimum tract area. There shall be a minimum tract area of two acres, except for community residences as identified in N.J.S.A. 40:55D-66.1 where there shall be a minimum tract area of 1/2 acre.
[Amended 11-6-2018 by Ord. No. 2114]
2. 
Minimum front yard. For interior lots, there shall be a front yard of not less than 40 feet. For corner lots, the required front yard shall not be less than 40 feet, and the required street side yard shall not be less than 40 feet. Except that for community residences as identified in N.J.S.A. 40:55D-66.1 for corner lots the required front yard shall not be less than 24 feet, and the required street side yard shall not be less than 36 feet.
[Amended 11-6-2018 by Ord. No. 2114]
3. 
Minimum side yard and rear yard. Except as provided above for corner lots, no building containing dwelling units shall be closer to any side or rear property line than 30 feet. Notwithstanding this requirement, when the side yard in the RA-5B zone abuts the side yard of any residential zone, the minimum side yard in the RA-5B zone shall be equal to one foot for every foot of height of the building in the RA-5B zone, but not less than 30 feet.
4. 
Maximum density. There shall be a maximum density of eight dwelling units for each acre of lot or tract area.
5. 
Maximum building height. No principal building shall exceed the maximum of two habitable floors, exclusive of basement, but not more than 35 feet in height. No accessory building shall exceed one story in height.
6. 
Minimum distance between buildings. Between buildings containing dwelling units, the following minimum distances shall apply:
a. 
Buildings facing front-to-front, a minimum setback of 60 feet separated by an open court and said court shall not contain any accessory building;
b. 
Buildings facing rear-to-rear, a minimum setback of 60 feet;
c. 
Buildings facing front-to-side, a minimum setback of 40 feet; and
d. 
No rear of one building shall face the front of another building.
7. 
Maximum coverage by buildings and above-grade structures. No more than 25% of the area of any lot shall be covered by buildings and above-grade structures; provided, however, that such coverage may be increased to 27% when at least 2% of such coverage of the lot is by a deck or decks. Earthen flood detention basins as defined herein shall not be considered as a building or structure for purposes of computing this coverage.
8. 
Maximum coverage by improvements. No more than 50% of the area of any lot shall be covered by physical improvements, including but not limited to buildings; above-grade structures; and at-grade structures including, but not limited to, sidewalks, parking areas, patios, driveways, swimming pools, etc. It is the intention of this provision that each lot shall have at least 50% of its lot area without any improvements except vegetation. Earthen flood detention basins as defined herein shall not be considered as a building, structure or improvement for purposes of computing this coverage.
9. 
Maximum dwelling units per building. No townhouse building shall contain more than six dwelling units. No multi-family residential building shall contain more than 10 dwelling units. For purposes of administering this section, where buildings containing dwelling units are connected by an accessory structure which does not contain dwelling units, each building containing dwelling units shall be considered a separate building.
10. 
Maximum continuous wall length. The longest dimension of any continuous exterior wall of any building shall not be greater than 50 feet. For the purpose of administering this provision, any exterior wall that is offset for a depth of four feet or greater, or in the case of a community residence as identified in N.J.S.A. 40:55D-66.1 a depth of two feet or greater, shall be construed as a separate wall.
[Amended 11-6-2018 by Ord. No. 2114]
F. 
Affordable housing regulations. The following regulations shall apply to all developments which provide for affordable housing within the RA-5B zone district:
1. 
Total number of affordable units. Any development for multi-family residences or single-family attached residences shall be required to make at least 20% of the units to be sold or rented at rates affordable to low-, very low- and moderate-income limits, with any fractional unit to be rounded upward. All affordable units shall be constructed on site.
2. 
All other provisions governing the development of affordable housing in this zone district shall be in accordance with the provisions of the Town of Westfield Affordable Housing Regulations contained in Article 23 of the Land Use Ordinance.
3. 
Compliance with site plan and subdivision standards. Compliance with Article 10, Design Guidelines, Standards and Construction Specifications, shall be required for all affordable housing developments, except where deviations from such provisions are determined by the Planning Board to be necessary to provide affordable housing as permitted herein. In considering deviations, the Planning Board shall be guided by the rules and regulations of the Council on Affordable Housing at N.J.A.C. 5:93-10.
G. 
Other regulations. The following other regulations shall apply to all development within the RA-5B zone district.
1. 
Townhouse facade variation. In order to avoid excessive visual monotony, the front and rear facade of each townhouse dwelling unit shall be substantially different in appearance from the facade of adjacent dwelling units. The facade variation as required herein shall be accomplished by the use of different materials, textures or colors, or any combination thereof; provided that the facade designs shall avoid excessive variety or contrast. The use of materials, textures and colors shall be harmonious and compatible throughout the entire development.
2. 
Compatible architecture. The design of accessory buildings and structures, including the nature of building materials used, shall be substantially the same as used in the construction of principal buildings on the same site designed to be used for multi-family residences or single-family attached residences.
3. 
Use of accessory buildings. No part of any accessory building or structure shall be used for living purposes.
4. 
Screening. Any premises in the RA-5B zone that is used for multi-family residences or single-family attached residences shall be effectively screened on any side which abuts any premises that is used exclusively as a single-family detached or two-family dwelling. The required screening shall meet the conditions imposed by the Planning Board to for this purpose.
5. 
Affordability regulations. All inclusionary developments in the RA-5A zone district shall comply with all applicable affordable housing regulations of Article 23 of the Land Use Ordinance and all affordable housing constructed in the RA-5A zone district shall be constructed, marketed, sold and/or rented in accordance with the New Jersey Uniform Housing Affordability Controls (UHAC) set forth in N.J.A.C. 5:80-26.1 et seq. and N.J.A.C. 5:97-1 et seq.
6. 
General provisions, parking and loading. In addition to the above requirements, all developments in the RA-5A zone district shall comply with all other applicable provisions of the Land Use Ordinance, including but not limited to the general provisions of Article 12, and the off-street parking provisions of Article 17.
7. 
Miscellaneous requirements for decks for community residences as identified in N.J.S.A. 40:55D-66.1. Decks for community residences shall follow the provisions in Article 13, except that they shall also be permitted in side yards provided that they shall be set back at least 20 feet to any side lot line and they shall also be permitted within a front yard provided that they shall be set back at least 60 feet from a front lot line.
[Amended 11-6-2018 by Ord. No. 2114]
H. 
Effective date. The within new Article 11.18 of the Land Use Ordinance shall not become effective until: (1) proper passage and publication in accordance with law; (2) entry by the Superior Court of New Jersey of a Final Judgment of Compliance and Repose in litigation entitled Sunnyside Senior Housing of Westfield, LLC v. Town of Westfield, et al., Docket No. UNN-L-135-09, and (3) the expiration of the forty-five-day appeal period without an appeal of the Judgment of Compliance and Repose having been filed.
A. 
Principal uses and structures. The P-1 zone district is designed for professional offices in which the principal use is a licensed practitioner(s) of certain professions, and in which the use and appearance of the properties are compatible with residential use on adjacent properties or in adjacent zones. The following principal uses and structures shall be permitted in the P-1 zone district:
[Amended 9-29-2009 by Ord. No. 1946]
1. 
Professional offices of licensed practitioner(s) on the first and/or second floors, limited to the following uses:
a. 
Offices of medical doctors and licensed clinical psychologists treating the ailments of humans, excluding therefrom clinics or outpatient dispensaries whose principal function is the providing of nursing or convalescent care or the furnishing of narcotic, drug or alcohol abuse treatment; dentists, acupuncturists, chiropractors, and physical therapists;
b. 
Lawyers;
c. 
Professional engineers, licensed land surveyors, licensed professional planners and other design consultants;
d. 
Architects and certified landscape architects; management and public relations services; advertising services; and
e. 
Accountants; insurance agents, brokers and services; title agencies; business, professional, labor, civic, social and political associations and other membership associations.
2. 
Child care centers on first and/or second floors;
3. 
Single-family residential uses in detached single-family structures; and
4. 
Single-family residential uses on the second and/or third floor in the same structure as a permitted professional office use.
B. 
Accessory uses and structures. The following accessory uses and structures shall be permitted in the P-1 zone district:
1. 
Parking and parking facilities as regulated in Article 17, including garages for professional office use when used exclusively for parking of motor vehicles;
2. 
Signs as regulated in Article 16;
3. 
Home occupations as regulated in Article 14;
4. 
Antennas, as regulated in § 13.04; and
5. 
Accessory uses and structures customarily subordinate and incidental to permitted principal uses and accessory uses and structures customarily subordinate and incidental to permitted conditional uses.
C. 
Conditional uses and structures. The following conditional uses and structures shall be permitted in the P-1 District only if they comply with the appropriate regulations for such uses or structures in Article 18:
[Amended 8-11-2020 by G.O. No. 2177]
1. 
Houses of worship;
2. 
Nonprofit chartered membership organizations;
3. 
Residential-type public utility facilities;
4. 
Certain cellular telecommunications antennas as set forth in Article 18; and
5. 
Boarding houses.
D. 
Prohibited uses and structures. Any use or structure other than those uses or structures permitted in Subsection A, B or C above are prohibited. In addition, and notwithstanding the above permitted uses, professional offices intended to operate or function with an employee or professional present outside of normal business hours on a regular basis are prohibited. For purposes of this subsection, normal business hours shall be construed to be 8:00 a.m. to 10:00 p.m. daily, excluding Sundays. Non-residential use on the third floor is also prohibited.
E. 
Bulk and lot regulations. The following bulk and lot regulations shall apply to all development within the P-1 zone district, unless more stringent requirements are provided by this ordinance:
1. 
Minimum lot area. Every lot shall contain a minimum lot area of 12,000 square feet.
2. 
Minimum lot width. Every lot shall have a minimum lot width of 100 feet. In addition, the average lot width shall be such that the minimum lot area of 12,000 square feet shall be provided within 120 feet of the front street sideline.
3. 
Minimum lot frontage. There shall be a minimum lot frontage of 100 feet for all lots.
4. 
Minimum lot depth. Every lot shall have a minimum lot depth of 150 feet.
5. 
Front yard. The front yard shall conform to the established front yard depth as set forth in § 12.03C, D and E. In the event there is no established front yard depth, there shall be a front yard of 40 feet.
For corner lots, the front yard shall be as required above for interior lots. The street side yard shall not be less than 20 feet.
6. 
Minimum side yard. Except as provided above for corner lots, there shall be two side yards and no side yard shall be less than 12 feet. Notwithstanding the above requirement, when the side yard in the P-1 zone district abuts a property in any residential zone, said side yard shall be not less than one foot for every foot of height of the building located in the P-1 zone district, but not less than 12 feet.
7. 
Minimum rear yard. There shall be a rear yard of at least 50 feet.
8. 
Maximum building height. No principal building shall exceed the maximum of three habitable floors, exclusive of basement, but not more than 38 feet in height.
9. 
Maximum floor area ratio. The maximum floor area ratio shall be as set forth in § 12.04E; provided, however, that the habitable floor area devoted to professional office use shall not exceed 2/3 of the floor area permitted in § 12.04E for residential use.
10. 
Maximum coverage by buildings and above-grade structures. The maximum coverage by buildings and above-grade structures shall be as set forth in § 12.04F.
11. 
Maximum coverage by improvements. The maximum coverage by improvements shall be as set forth in § 12.04G.
12. 
Front yard landscaping. Within the front yard area, there shall be no buildings or paving permitted except for driveways, sidewalks and access facilities for persons with disabilities, all of which must be necessary to provide access to buildings and access to parking and delivery areas. All areas in the front yard not used for access shall be landscaped.
F. 
Residential appearance regulations. All buildings, including new, converted or existing structures shall be residential in exterior appearance. For the purpose of administering this subsection, "residential in exterior appearance" shall mean a building which complies with all of the following requirements:
1. 
No building elevation along an abutting street shall have an overall dimension that is greater than 76 feet.
2. 
No building shall have a roof pitch that is less than 33.33%.
3. 
Not more than one window in each building elevation shall be wider than four feet.
4. 
Exterior building materials shall be limited to wood, metal or vinyl clapboard; wood shingle, stone, brick or stucco. This limitation shall not apply to roofs, windows or doors.
5. 
Every building elevation that fronts on an abutting street shall have at least one offset of not less than 18 inches between wall planes facing on said street.
6. 
No building shall contain more than one exterior doorway for each building elevation, except where needed to provide access for persons with disabilities.
7. 
The habitable floor area of the second floor shall not exceed the habitable floor area of the first floor by more than 10%.
G. 
Screening of residential properties. Any premises in the P-1 zone district that is used for a permitted professional office as herein regulated shall be effectively screened on any side which abuts any premises in the P-1 zone district that is used exclusively as a residence, or on any side which abuts any premises in a residential zone district. Said screening shall meet the conditions of the Planning Board or Zoning Board of Adjustment to carry out this objective.
H. 
Mixed residential and non-residential use. The following regulations shall apply to single-family residential uses on the second and/or third floor in the same structure as a permitted professional office use, in addition to all other applicable regulations of this chapter:
1. 
Each dwelling unit shall have a minimum habitable floor area of 750 square feet.
2. 
The habitable floor area devoted to residential use(s) shall not exceed 2/3 of the total habitable floor area of the building or structure containing said residential use(s).
3. 
Parking must be provided for the residential use as required by Article 17.
I. 
Other regulations. In addition to the above requirements, any development in the P-1 zone district must comply with all applicable regulations of this ordinance, including but not limited to the following:
1. 
The general provisions of Article 12;
2. 
The regulations affecting accessory buildings, structures and uses in Article 13;
3. 
The off-street parking provisions of Article 17;
4. 
The sign provisions of Article 16; and
5. 
The architectural design provisions of § 12.11B (new developments containing at least two new dwellings).
A. 
Principal uses and structures. The P-2 zone district is designed for professional offices in which the principal use is a licensed practitioner(s) of certain professions, and in which the use and appearance of the properties are compatible with residential use on adjacent properties or in adjacent zones. The following principal uses and structures shall be permitted in the P-2 zone district:
[Amended 9-29-2009 by Ord. No. 1946]
1. 
Professional offices of licensed practitioner(s) on the first and/or second floors, limited to the following uses:
a. 
Offices of medical doctors and licensed clinical psychologists treating the ailments of humans, excluding therefrom clinics or outpatient dispensaries whose principal function is the providing of nursing or convalescent care or the furnishing of narcotic, drug or alcohol abuse treatment; dentists, acupuncturists, chiropractors, and physical therapists;
b. 
Lawyers;
c. 
Professional engineers, licensed land surveyors, licensed professional planners and other design consultants;
d. 
Architects and certified landscape architects; management and public relations services; advertising services; and
e. 
Accountants; insurance agents, brokers and services; title agencies; business, professional, labor, civic, social and political associations and other membership associations.
2. 
Child care centers on first and second floors;
3. 
Single-family residential uses in detached single-family structures;
4. 
Two-family residential uses in a single-residential structure designed for two separate dwelling units on the same lot; and
5. 
Single-family residential uses on the second and/or third floor in the same structure as a permitted professional office use.
B. 
Accessory uses and structures. The following accessory uses and structures shall be permitted in the P-2 zone district:
1. 
Parking and parking facilities as regulated in Article 17, including garages for professional office use when used exclusively for parking of motor vehicles;
2. 
Signs as regulated in Article 16;
3. 
Home occupations as regulated in Article 14;
4. 
Antennas, as regulated in § 13.04; and
5. 
Accessory uses and structures customarily subordinate and incidental to permitted principal uses and accessory uses and structures customarily subordinate and incidental to permitted conditional uses.
C. 
Conditional uses and structures. The following conditional uses and structures shall be permitted in the P-2 District only if they comply with the appropriate regulations for such uses or structures in Article 18:
[Amended 8-11-2020 by G.O. No. 2177]
1. 
Houses of worship;
2. 
Nonprofit chartered membership organizations;
3. 
Residential-type public utility facilities;
4. 
Certain cellular telecommunications antennas as set forth in Article 18; and
5. 
Boarding houses.
D. 
Prohibited uses and structures. Any use or structure other than those uses or structures permitted in Subsection A, B or C above are prohibited. In addition, and notwithstanding the above permitted uses, professional offices intended to operate or function with an employee or professional present outside of normal business hours on a regular basis are prohibited. For purposes of this subsection, normal business hours shall be construed to be 8:00 a.m. to 10:00 p.m. daily, excluding Sundays. Non-residential use on the third floor is also prohibited.
E. 
Bulk and lot regulations. The following bulk and lot regulations shall apply to all development within the P-2 zone district, unless more stringent requirements are provided by this ordinance:
1. 
Minimum lot area. Every lot shall contain a minimum lot area of 12,000 square feet.
2. 
Minimum lot width. Every lot shall have a minimum lot width of 100 feet. In addition, the average lot width shall be such that the minimum lot area of 12,000 square feet shall be provided within 120 feet of the front street sideline.
3. 
Minimum lot frontage. There shall be a minimum lot frontage of 100 feet for all lots.
4. 
Minimum lot depth. Every lot shall have a minimum lot depth of 150 feet.
5. 
Front yard. The front yard shall conform to the established front yard depth as set forth in § 12.03C, D and E. In the event there is no established front yard depth, there shall be a front yard of 40 feet.
For corner lots, the front yard shall be as required above for interior lots. The street side yard shall not be less than 20 feet.
6. 
Minimum side yard. Except as provided above for corner lots, there shall be two side yards and no side yard shall be less than 12 feet. Notwithstanding the above requirement, when the side yard in the P-2 zone district abuts a property in any residential zone, said side yard shall be not less than one foot for every foot of height of the building located in the P-2 zone district, but not less than 12 feet.
7. 
Minimum rear yard. There shall be a rear yard of at least 50 feet.
8. 
Maximum building height. No principal building shall exceed the maximum of three habitable floors, exclusive of basement, but not more than 38 feet in height.
9. 
Maximum floor area ratio. The maximum floor area ratio shall be as set forth in § 12.04E; provided, however, that the habitable floor area devoted to professional office use shall not exceed 5/6 of the floor area permitted in § 12.04E for residential use.
10. 
Maximum coverage by buildings and above-grade structures. The maximum coverage by buildings and above-grade structures shall be as set forth in § 12.04F.
11. 
Maximum coverage by improvements. The maximum coverage by improvements shall be as set forth in § 12.04G.
12. 
Front yard landscaping. Within the front yard area, there shall be no buildings or paving permitted except for driveways, sidewalks and access facilities for persons with disabilities, all of which must be necessary to provide access to buildings and access to parking and delivery areas. All areas in the front yard not used for access shall be landscaped.
F. 
Residential appearance regulations. All buildings, including new, converted or existing structures shall be residential in exterior appearance. For the purpose of administering this subsection, "residential in exterior appearance" shall mean a building which complies with all of the following requirements:
1. 
No building elevation along an abutting street shall have an overall dimension that is greater than 76 feet.
2. 
No building shall have a roof pitch that is less than 33.33%.
3. 
Not more than one window in each building elevation shall be wider than four feet.
4. 
Exterior building materials shall be limited to wood, metal or vinyl clapboard; wood shingle, stone, brick or stucco. This limitation shall not apply to roofs, windows or doors.
5. 
Every building elevation that fronts on an abutting street shall have at least one offset of not less than 18 inches between wall planes facing on said street.
6. 
No building shall contain more than one exterior doorway for each building elevation, except where needed to provide access for persons with disabilities.
7. 
The habitable floor area of the second floor shall not exceed the habitable floor area of the first floor by more than 10%.
G. 
Screening of residential properties. Any premises in the P-2 zone district that is used for a permitted professional office as herein regulated shall be effectively screened on any side which abuts any premises in the P-2 zone district that is used exclusively as a residence, or on any side which abuts any premises in a residential zone district. Said screening shall meet the conditions of the Planning Board or Zoning Board of Adjustment to carry out this objective.
H. 
Mixed residential and non-residential use. The following regulations shall apply to single-family residential uses on the second and/or third floor in the same structure as a permitted professional office use, in addition to all other applicable regulations of this ordinance:
1. 
Each dwelling unit shall have a minimum habitable floor area of 750 square feet.
2. 
The habitable floor area devoted to residential use(s) shall not exceed 2/3 of the total habitable floor area of the building or structure containing said residential use(s).
3. 
Parking must be provided for the residential use as required by Article 17.
I. 
Other regulations. In addition to the above requirements, any development in the P-2 zone district must comply with all applicable regulations of this ordinance, including but not limited to the following:
1. 
The general provisions of Article 12;
2. 
The regulations affecting accessory buildings, structures and uses in Article 13;
3. 
The off-street parking provisions of Article 17;
4. 
The sign provisions of Article 16; and
5. 
The architectural design provisions of § 12.11B (new developments containing at least two new dwellings).
A. 
Principal uses and structures. The O-1 zone district is designed for business, administrative and professional offices as permitted herein. The following principal uses and structures shall be permitted in the O-1 zone district:
[Amended 9-29-2009 by Ord. No. 1946]
1. 
Business, administrative and professional offices;
2. 
Child care centers; and
3. 
Single-family residential uses on the second floor shall be permitted in the same structure as a professional office use.
B. 
Accessory uses and structures. The following accessory uses and structures shall be permitted in the O-1 zone district:
1. 
Parking and parking facilities as regulated in Article 17, including garages for office use when used exclusively for parking of motor vehicles;
2. 
Antennas, as regulated in § 13.04;
3. 
Signs as regulated in Article 16; and
4. 
Accessory uses and structures customarily subordinate and incidental to permitted principal uses and accessory uses and structures customarily subordinate and incidental to permitted conditional uses.
C. 
Conditional uses and structures. The following conditional uses and structures shall be permitted in the O-1 district only if they comply with the appropriate regulations for such uses or structures in Article 18:
1. 
Residential-type public utility facilities; and
2. 
Certain cellular telecommunications antennas as set forth in Article 18.
D. 
Prohibited uses and structures. Any use or structure other than those uses or structures permitted in Subsection A, B or C above are prohibited. In addition, and notwithstanding the above permitted uses, offices intended to operate or function with an employee or professional present outside of normal business hours on a regular basis are prohibited. For purposes of this subsection, normal business hours shall be construed to be 8:00 a.m. to 10:00 p.m. daily, excluding Sundays.
E. 
Bulk and lot regulations. The following bulk and lot regulations shall apply to all uses permitted within the O-1 zone district, unless more stringent requirements are provided by this ordinance:
1. 
Minimum lot area. Every lot shall contain a minimum lot area of 12,000 square feet.
2. 
Minimum lot width. Every lot shall have a minimum lot width of 100 feet. In addition, the average lot width shall be such that the minimum lot area of 12,000 square feet shall be provided within 120 feet of the front street sideline.
3. 
Minimum lot frontage. There shall be a minimum lot frontage of 100 feet for all lots.
4. 
Minimum lot depth. Every lot shall have a minimum lot depth of 150 feet.
5. 
Front yard. The front yard shall conform to the established front yard depth as set forth in § 12.03C, D and E. In the event there is no established front yard depth, there shall be a front yard of 40 feet.
For corner lots, the front yard shall be as required above for interior lots. The street side yard shall not be less than 20 feet.
6. 
Minimum side yard. Except as provided above for corner lots, there shall be two side yards and no side yard shall be less than 12 feet. Notwithstanding the above requirement, when the side yard in the O-1 zone district abuts a property in any residential zone, said side yard shall be not less than one foot for every foot of height of the building located in the O-1 zone district, but not less than 12 feet.
7. 
Minimum rear yard. There shall be a rear yard of at least 50 feet.
8. 
Maximum building height. No principal building shall exceed the maximum of two habitable floors, exclusive of basement, but not more than 30 feet in height.
9. 
Maximum coverage by buildings and above-grade structures. No more than 25% of the area of any lot shall be covered by buildings and above-grade structures. Earthen flood detention basins as defined herein shall not be considered as a building or structure for purposes of computing this coverage.
10. 
Maximum coverage by improvements. No more than 50% of the area of any lot shall be covered by physical improvements, including but not limited to buildings; above-grade structures; and at-grade structures including, but not limited to, sidewalks, parking areas, patios, driveways, swimming pools, etc. It is the intention of this provision that each lot shall have at least 50% of its lot area without any improvements except vegetation. Earthen flood detention basins as defined herein shall not be considered as a building, structure or improvement for purposes of computing this coverage.
F. 
Screening of residential properties. Any premises in the O-1 zone district that is used for a permitted office as herein regulated shall be effectively screened on any side which abuts any premises in a residential zone district. Said screening shall meet the conditions of the Planning Board or the Zoning Board of Adjustment to carry out this objective.
G. 
Mixed residential and non-residential use. The following regulations shall apply to single-family residential uses on the second or third floor in the same structure as a professional office use, in addition to all other applicable regulations of this ordinance:
1. 
Each dwelling unit shall have a minimum finished habitable floor area of 750 square feet.
2. 
The habitable floor area devoted to residential use(s) shall not exceed 1/2 of the total habitable floor area of the building or structure containing said residential use(s).
3. 
Parking must be provided for the residential use as required by Article 17.
H. 
Other regulations. In addition to the above requirements, any development in the O-1 zone district must comply with all applicable regulations of this ordinance, including but not limited to the following:
1. 
The general provisions of Article 12;
2. 
The regulations affecting accessory buildings, structures and uses in Article 13;
3. 
The off-street parking provisions of Article 17; and
4. 
The sign provisions of Article 16.
A. 
Principal uses and structures. The O-2 zone district is intended to encourage business, administrative and professional offices. The following principal uses and structures shall be permitted in the O-2 zone district:
1. 
Business, administrative and professional offices; and
2. 
Child care centers.
B. 
Accessory uses and structures. The following accessory uses and structures shall be permitted in the O-2 zone district:
1. 
Parking and parking facilities as regulated in Article 17;
2. 
Antennas, as regulated in § 13.04;
3. 
Signs as regulated in Article 16; and
4. 
Accessory uses and structures customarily subordinate and incidental to permitted principal uses and accessory uses and structures customarily subordinate and incidental to permitted conditional uses.
C. 
Conditional uses and structures. The following conditional uses and structures shall be permitted in the O-2 district only if they comply with the appropriate regulations for such uses or structures in Article 18:
1. 
Residential type public utility facilities; and
2. 
Certain cellular telecommunications antennas as set forth in Article 18.
D. 
Prohibited uses and structures. Any use or structure other than those uses or structures permitted in Subsection A, B or C above is prohibited.
E. 
Bulk and lot regulations. The following bulk and lot regulations shall apply to all uses permitted within the O-2 zone district, unless more stringent requirements are provided by this ordinance:
1. 
Minimum lot area. Each lot shall have a minimum area of 80,000 square feet.
2. 
Minimum lot width. Each lot shall have a minimum width of 200 feet.
3. 
Minimum front yard. For interior lots, there shall be a front yard of not less than 75 feet. For corner lots, the front yard shall be as required for interior lots, and the street side yard shall not be less than 50 feet.
4. 
Minimum side yard. Except as provided above for corner lots, there shall be two side yards and no side yard shall be less than 35 feet.
5. 
Minimum rear yard. There shall be a rear yard of at least 50 feet.
6. 
Maximum building height. No principal building shall exceed the maximum of three habitable floors, exclusive of basement, but not to exceed 40 feet in height, whichever is less.
7. 
Maximum floor area ratio. The total habitable floor area within all buildings or structures on any lot shall not be more than 45% of the total lot area.
8. 
Maximum coverage by buildings and above-grade structures. No more than 35% of the area of any lot shall be covered by buildings and above-grade structures. Earthen flood detention basins as defined herein shall not be considered as a building or structure for purposes of computing this coverage.
9. 
Maximum coverage by improvements. No more than 80% of the area of any lot shall be covered by physical improvements, including but not limited to buildings; above-grade structures; and at-grade structures including, but not limited to, sidewalks, parking areas, patios, driveways, storage areas, etc. It is the intention of this provision that each lot shall have at least 20% of its lot area without any improvements except vegetation. Earthen flood detention basins as defined herein shall not be considered as a building, structure or improvement for purposes of computing this coverage.
F. 
Other regulations. In addition to the above requirements, any development in the O-2 zone district must comply with all applicable regulations of this ordinance, including but not limited to the following:
1. 
The general provisions of Article 12;
2. 
The regulations affecting accessory buildings, structures and uses in Article 13;
3. 
The off-street parking provisions of Article 17; and
4. 
The sign provisions of Article 16.
[Repealed 9-29-2009 by Ord. No. 1946]
A. 
Principal uses and structures. The CBD zone district is intended to encourage retail sales, retail services, personal services, offices, and residential uses in appropriate locations as set forth within this section, all within a mixed-use environment which encourages street activity throughout the day and evening hours. The following principal uses and structures shall be permitted in the CBD zone district:
[Amended 6-6-2017 by Ord. No. 2082]
1. 
Business establishments devoted primarily to the retail sales of goods and personal services on the premises, including restaurants and food establishments intended for food consumption on the premises or for take-out of food;
2. 
Banks and other financial institutions engaged in the business of accepting deposits from the public and/or extending credit to the public in the form of loans. Such business must be conducted on the premises, and must be the principal activity of the use on the premises;
3. 
On any floor of a building located in property with a frontage on North Avenue or South Avenue, and only on the second or third floors of a building on other property within the CBD zone district, business, administrative and professional offices or other business establishments providing the following services:
a. 
Finance, insurance or real estate sales or services;
b. 
Business or professional services;
c. 
Health services;
d. 
Social services;
e. 
Consulting services; and,
f. 
Educational services.
4. 
Retail services;
5. 
Child care centers;
6. 
Governmental buildings and municipal parking facilities;
7. 
Public parks and playgrounds;
8. 
Residential dwelling units except for within a basement or on the first floor;
[Amended 8-15-2023 by G.O. No. 2023-27]
9. 
A shared use of a single tenant space by multiple non-residential uses which are permitted principal uses as included in this section; and
10. 
The temporary use of existing floor area by a permitted principal use or uses as listed in this section, for a period of not more than 60 days tolled continuously from the first date of operation, shall not be subject to parking requirements for the duration of the use. Such temporary use shall be allowed once per calendar year for each tenant space. Temporary uses must comply with all sign provisions of Article 16.
11. 
Pet care facilities.
[Added 9-8-2020 by G.O. No. 2187]
12. 
Artisan manufacturing.
[Added 10-13-2020 by G.O. No. 2193]
B. 
Accessory uses and structures. The following accessory uses and structures shall be permitted in the CBD zone district:
[Amended 8-3-2004 by Ord. No. 1838]
1. 
Parking and parking facilities as regulated in Article 17;
2. 
Signs as regulated in Article 16;
3. 
Antennas, as regulated in § 13.04;
4. 
Sidewalk cafes as permitted and regulated by § 24-46 through § 24-57 of the Town Code; and
5. 
Other accessory uses and structures customarily subordinate and incidental to permitted principal uses and permitted conditional uses.
C. 
Conditional uses and structures. The following conditional uses and structures shall be permitted in the CBD district only if they comply with the appropriate regulations for such uses or structures in Article 18:
[Amended 12-14-2004 by Ord. No. 1843]
1. 
Non-profit chartered membership organizations;
2. 
Residential-type public utility facilities;
3. 
Certain cellular telecommunications antennas as set forth in Article 18; and
4. 
Age-restricted multi-family housing on the ground floor of a building.
5. 
Microbreweries and craft distilleries, and
[Added 9-25-2018 by Ord. No. 2111]
6. 
Commercial use of rooftops.
[Added 11-6-2018 by Ord. No. 2115]
D. 
Prohibited uses and structures. Any use or structure other than those uses or structures permitted in Subsection A, B or C above are prohibited. In addition, and notwithstanding the above permitted uses, the following uses shall be specifically prohibited:
1. 
Any business conducted outside the confines of a building, except for the commercial use of rooftops, except for the use of ground level patios as places for eating and drinking, except for sidewalk cafes permitted and regulated by § 24-46 through 24-57 of the Town Code, and except those temporary activities permitted by special permission from the Town Council;
[Amended 8-3-2004 by Ord. No. 1838; 11-6-2018 by Ord. No. 2115]
2. 
Gasoline filling stations, gasoline service stations, public garages, automobile body repair or painting shops;
3. 
Lumber or building material yards;
4. 
Sale, rental or repair of automobiles, motorcycles, boats, trailers, lawn mowers, small gasoline or other liquid fuel engines;
5. 
Dry cleaning establishments where the dry cleaning is done on the premises;
6. 
Warehouses or businesses which do not sell directly to the general public;
7. 
Public or private schools;
8. 
Drive-in or drive-through restaurants;
[Amended 6-6-2017 by Ord. No. 2082; 11-6-2018 by Ord. No. 2115]
9. 
Funeral services, undertakers, crematories and morticians;
10. 
Residential use of any kind other than those uses as permitted in Subsections A and C above. Existing nonconforming residential buildings or structures shall not be extended or enlarged for use relating to a business, unless the first floor is used entirely for business use;
[Amended 12-14-2004 by Ord. No. 1843]
11. 
All above-ground and underground bulk storage of liquefied petroleum gases, gasoline, diesel fuel, kerosene, No. 2 fuel, fuel oil, chemicals or similar hazardous, flammable or combustible liquids in any amount, except as permitted otherwise by § 13.05. Aboveground or basement storage of up to 530 gallons of kerosene or No. 2 heating fuel in approved storage tanks and used exclusively for heating purposes on the premises is exempted from the above prohibition;
12. 
Any building, structure or use which would create an undue hazard of fire, explosion or nuisance by reason of odor, noise, dust or smoke, or which in any way would be detrimental to the health, public morals and public safety of the community; and
13. 
Private commercial parking lots as a principal use.
E. 
Bulk and lot regulations. The following bulk and lot regulations shall apply to all uses permitted within the CBD zone district, unless more stringent requirements are provided by this ordinance:
1. 
Minimum front yard. No front yard shall be required.
2. 
Minimum side yard. All principal buildings may be constructed without side yards, except that when a side yard is provided, it shall not be less than 10 feet. Notwithstanding the above requirement, when the side yard in the CBD zone district abuts a property in any residential zone, said side yard shall be not less than one foot for every two feet of height of the building located in the CBD zone district, but not less than 10 feet. Within this required side yard, there shall be a buffer at least 10 feet deep, within which plant material and/or a fence shall be installed, as required by the Planning Board, to adequately protect the abutting residentially zoned property.
3. 
Minimum rear yard. There shall be a rear yard of at least one foot for every two feet of height of the principal building on the lot which is the subject of the application, but not less 10 feet. Notwithstanding the above requirement, the following rear yard regulations shall apply to all properties in the CBD zone district which are used for residential purposes, or which abut a residential zone:
a. 
When a building in the CBD zone district is to be used in whole or in part for residential purposes, there shall be a rear yard of not less than 35 feet.
b. 
When the rear yard in the CBD zone district abuts a property in any residential zone, said rear yard shall be not less than 35 feet. Within this required rear yard, there shall be a buffer at least 10 feet deep, within which plant material and/or a fence shall be installed, as required by the Planning Board, to adequately protect the abutting residential property.
4. 
Maximum building height. No principal building shall exceed the maximum of three habitable floors, exclusive of basement, or 40 feet in height, whichever is less.
F. 
Facade regulations. The following regulations shall apply to the design of storefront facades in the CBD zone district:
[Amended 6-6-2017 by Ord. No. 2082]
1. 
Window area. Building facades which face the street shall contain a transparent window area on the ground floor which comprises not less than 40% of the area of the ground floor facade, when the following conditions exist or are proposed:
a. 
The facade in question is set back less than 10 feet from the right-of-way; and
b. 
A new building, substantial renovation or reconstruction of the street facade of an existing building, or a conditional use as set forth in Subsection C.1 or C.2 above, is proposed.
When an existing building contains more than one unit occupied by different tenants, the above requirement shall apply only for the facade of the unit(s) being renovated or reconstructed. For purposes of administering the above requirements, the ground floor facade area shall be construed to be the product of the width of the facade times 10 feet.
2. 
Awnings. Awnings shall be permitted as regulated by the Town Code. Internally illuminated awnings are prohibited.
3. 
Entrances. Each ground floor tenant shall provide at least one customer/client entrance on a street-facing facade. Service doors shall not be located along any street-facing facade.
4. 
Existing window and door openings. Existing window and door openings on a facade may not be filled in unless the finished materials and color match those of immediately adjacent finishes on the building.
5. 
Ground floor street-facing facades shall be occupied by permitted principal and approved conditional uses. However, vehicular access to parking areas (limited to 15 feet in width for a one-way driveway and 25 feet in width for a two-way driveway) are permitted along a ground floor street-facing facade.
G. 
Mixed residential and non-residential use. The following regulations shall apply to dwelling units on the second or third floor of a principal building:
1. 
The habitable floor area devoted to residential use(s) shall not exceed 2/3 of the total habitable floor area of the building or structure containing said residential use(s).
2. 
Any single-dwelling unit shall have a minimum of 600 square feet of habitable floor area.
3. 
Parking shall be provided for the residential use as required by Article 17.
H. 
Other regulations. In addition to the above requirements, any development in the CBD zone district must comply with all applicable regulations of this ordinance, including but not limited to the following:
1. 
The general provisions of Article 12;
2. 
The regulations affecting accessory buildings, structures and uses in Article 13;
3. 
The off-street parking provisions of Article 17; and
4. 
The sign provisions of Article 16.
A. 
Principal uses and structures. The GB-1 zone district is intended to encourage retail sales and personal services oriented to pedestrian shopping, other commercial uses permitted herein, and residential use on the upper floors The following principal uses and structures shall be permitted in the GB-1 zone district:
[Amended 5-11-1999 by Ord. No. 1734]
1. 
Business establishments devoted primarily to the retail sales of goods and personal services on the premises, including restaurants and food establishments intended for food consumption on the premises or for take-out of food;
2. 
Banks and other financial institutions engaged in the business of accepting deposits from the public and/or extending credit to the public in the form of loans;
3. 
Business, administrative and professional offices, or other business establishments providing the following services:
[Amended 9-29-2009 by Ord. No. 1946]
a. 
Finance, insurance or real estate sales or services;
b. 
Business or professional services;
c. 
Health services;
d. 
Social services;
e. 
Consulting services; and
f. 
Educational services.
4. 
Museums, art galleries and indoor motion picture theaters, and theaters for conducting live entertainment or cultural performances;
5. 
Child care centers;
6. 
Governmental buildings and municipal parking facilities;
7. 
Public parks and playgrounds;
8. 
Residential dwelling units except for within a basement or on the first floor;
[Amended 8-15-2023 by G.O. No. 2023-27]
9. 
Parking areas accessory to a permitted principal use in the GB-1 district but which are located on a different lot than such principal use.
10. 
Establishments engaged in offering instruction in art, dance including dance studios, music, gymnastics, martial arts.
[Amended 6-6-2017 by Ord. No. 2082]
11. 
Pet care facilities.
[Added 9-8-2020 by G.O. No. 2187]
12. 
Artisan manufacturing.
[Added 10-13-2020 by G.O. No. 2193]
B. 
Accessory uses and structures. The following accessory uses and structures shall be permitted in the GB-1 zone district:
[Amended 8-3-2004 by Ord. No. 1838]
1. 
Parking and parking facilities as regulated in Article 17;
2. 
Signs as regulated in Article 16;
3. 
Antennas, as regulated in § 13.04;
4. 
Sidewalk cafes as permitted and regulated by § 24-46 through § 24-57 of the Town Code; and
5. 
Other accessory uses and structures customarily subordinate and incidental to permitted principal uses and permitted conditional uses.
C. 
Conditional uses and structures. The following conditional uses and structures shall be permitted in the GB-1 district only if they comply with the appropriate regulations for such uses or structures in Article 18:
1. 
Houses of worship;
2. 
Non-profit chartered membership organizations;
3. 
Residential type public utility facilities; and
4. 
Certain cellular telecommunications antennas as set forth in Article 18.
5. 
Microbreweries and craft distilleries.
[Added 11-6-2018 by Ord. No. 2113]
D. 
Prohibited uses and structures. Any use or structure other than those uses or structures permitted in Subsection A, B or C above are prohibited. In addition, and notwithstanding the above permitted uses, the following uses shall be specifically prohibited:
1. 
Any business conducted outside the confines of a building, except for the use of ground level patios as places for eating and drinking, except for sidewalk cafes permitted and regulated by §§ 24-46 through  24-57 of the Town Code, and except those temporary activities permitted by special permission from the Town Council;
[Amended 8-3-2004 by Ord. No. 1838; 11-6-2018 by Ord. No. 2113]
2. 
Gasoline filling stations, gasoline service stations, public garages and automobile body repair or painting shops;
3. 
Lumber or building material yards;
4. 
Sale, rental or repair of automobiles, motorcycles, boats, trailers, lawn mowers, small gasoline or other liquid fuel engines;
5. 
Dry cleaning establishments where the dry cleaning is done on the premises;
6. 
Warehouses or businesses which do not sell directly to the general public;
7. 
Public or private schools;
8. 
Drive-in or drive-through restaurants;
[Amended 8-3-2004 by Ord. No. 1838; 11-6-2018 by Ord. No. 2113]
9. 
Funeral services, undertakers, crematories and morticians;
10. 
Residential use of any kind other than those uses as permitted in Subsection A above. Existing nonconforming residential buildings or structures shall not be extended or enlarged for use relating to a business, unless the first floor is used entirely for business use;
11. 
All aboveground and underground bulk storage of liquefied petroleum gases, gasoline, diesel fuel, kerosene, No. 2 fuel, fuel oil, chemicals or similar hazardous, flammable or combustible liquids in any amount, except as permitted otherwise by § 13.05. Aboveground or basement storage of up to 530 gallons of kerosene or No. 2 heating fuel in approved storage tanks and used exclusively for heating purposes on the premises is exempted from the above prohibition;
12. 
Any building, structure or use which would create an undue hazard of fire, explosion or nuisance by reason of odor, noise, dust or smoke, or which in any way would be detrimental to the health, public morals and public safety of the community; and
13. 
Private commercial parking lots as a principal use.
E. 
Bulk and lot regulations. The following bulk and lot regulations shall apply to all uses permitted within the GB-1 zone district, unless more stringent requirements are provided by this ordinance:
1. 
Minimum front yard. No front yard shall be required.
2. 
Minimum side yard. All principal buildings may be constructed without side yards, except that when a side yard is provided, it shall not be less than 10 feet. Notwithstanding the above requirement, when the side yard in the GB-1 zone district abuts a property in any residential zone, said side yard shall be not less than one foot for every two feet of height of the building located in the GB-1 zone district, but not less than 10 feet. Within this required side yard, there shall be a buffer at least 10 feet deep, within which plant material and/or a fence shall be installed, as required by the Planning Board, to adequately protect the abutting residentially zoned property.
3. 
Minimum rear yard. There shall be a rear yard of at least one foot for every two feet of height of the principal building on the lot which is the subject of the application, but not less 10 feet. Notwithstanding the above requirement, the following rear yard regulations shall apply to all properties in the GB-1 zone district which are used for residential purposes, or which abut a residentially zoned property:
a. 
When a building in the GB-1 zone district is to be used in whole or in part for residential purposes, there shall be a rear yard of not less than 35 feet.
b. 
When the rear yard in the GB-1 zone district abuts a property in any residential zone, said rear yard shall be not less than 35 feet. Within this required rear yard, there shall be a buffer at least 10 feet deep, within which plant material and/or a fence shall be installed, as required by the Planning Board, to adequately protect the abutting residential property.
4. 
Maximum building height. No principal building shall exceed the maximum of three habitable floors, exclusive of basement, or 40 feet in height, whichever is less.
F. 
Storefront facade regulations. The following regulations shall apply to the design of storefront facades in the GB-1 zone district:
1. 
Window area. Building facades which face the street shall contain a transparent window area on the ground floor which comprises not less than 40% of the area of the ground floor facade, when the following conditions exist or are proposed:
a. 
The facade in question is set back less than 10 feet from the right-of-way; and
b. 
A new building, substantial renovation or reconstruction of the street facade of an existing building, or a conditional use as set forth in Subsection C.1 or C.2 above, is proposed.
When an existing building contains more than one unit occupied by different tenants, the above requirement shall apply only for the facade of the unit(s) being renovated or reconstructed. For purposes of administering the above requirements, the ground floor facade area shall be construed to be the product of the width of the facade times 10 feet.
2. 
Awnings. Awnings shall be permitted as regulated by the Town Code.
G. 
Mixed residential and non-residential use. The following regulations shall apply to dwelling units on the second or third floor of a principal building:
1. 
The habitable floor area devoted to residential use(s) shall not exceed 2/3 of the total habitable floor area of the building or structure containing said residential use(s).
2. 
Any single-dwelling unit shall have a minimum of 600 square feet of habitable floor area.
3. 
Parking shall be provided for the residential use as required by Article 17.
H. 
Other regulations. In addition to the above requirements, any development in the GB-1 zone district must comply with all applicable regulations of this ordinance, including but not limited to the following:
1. 
The general provisions of Article 12;
2. 
The regulations affecting accessory buildings, structures and uses in Article 13;
3. 
The off-street parking provisions of Article 17; and
4. 
The sign provisions of Article 16.
A. 
Principal uses and structures. The GB-2 zone district is intended to encourage retail and wholesale sales, personal and business services, as well as business, administrative and professional offices. The following principal uses and structures shall be permitted in the GB-2 zone district:
1. 
Business establishments devoted primarily to the retail sales of goods and personal services on the premises, including restaurants and food establishments intended for food consumption on the premises or for take-out of food;
2. 
Banks and other financial institutions engaged in the business of accepting deposits from the public and/or extending credit to the public in the form of loans;
3. 
Business, administrative and professional offices, or other business establishments providing the following services:
[Amended 9-29-2009 by Ord. No. 1946]
a. 
Finance, insurance or real estate sales or services;
b. 
Business or professional services;
c. 
Health services;
d. 
Social services;
e. 
Consulting services; and
f. 
Educational services;
4. 
Museums, art galleries and indoor motion picture theaters, and theaters for conducting live entertainment or cultural performances;
5. 
Child care centers;
6. 
Wholesale commercial establishments;
7. 
Dry cleaners;
8. 
Governmental buildings and municipal parking facilities;
9. 
Public parks and playgrounds; and
10. 
Board of Education administrative offices.
11. 
Establishments engaged in offering instruction in art, dance including dance studios, music, gymnastics, martial arts.
[Amended 6-6-2017 by Ord. No. 2082]
12. 
Pet care facilities.
[Added 9-8-2020 by G.O. No. 2187]
13. 
Artisan manufacturing.
[Added 10-13-2020 by G.O. No. 2193]
B. 
Accessory uses and structures. The following accessory uses and structures shall be permitted in the GB-2 zone district:
1. 
Parking and parking facilities as regulated in Article 17;
2. 
Signs as regulated in Article 16;
3. 
Antennas, as regulated in § 13.04;
4. 
Mobile storage structures as regulated in § 13.03B; and
5. 
Other accessory uses and structures customarily subordinate and incidental to permitted principal uses and permitted conditional uses.
C. 
Conditional uses and structures. The following conditional uses and structures shall be permitted in the GB-2 district only if they comply with the appropriate regulations for such uses or structures in Article 18:
1. 
Houses of worship;
2. 
Non-profit chartered membership organizations;
3. 
Gasoline filling stations and gasoline service stations;
4. 
Public garages;
5. 
Automatic car washes and drive-through lubricating establishments;
6. 
Automobile body repair shops, and automobile painting facilities licensed by the State of New Jersey;
7. 
Residential-type public utility facilities; and
8. 
Certain cellular telecommunications antennas as set forth in Article 18.
D. 
Prohibited uses and structures. Any use or structure other than those uses or structures permitted in Subsection A, B or C above are prohibited. In addition, and notwithstanding the above permitted uses, the following uses shall be specifically prohibited:
1. 
Manufacturing, assembly or fabrication of goods or merchandise, except as part of uses determined to be artisan manufacturing as defined in Article 2;
[Amended 10-13-2020 by G.O. No. 2193]
2. 
Public or private schools;
3. 
Any building, structure or use involving the sale of food or beverages to be served or consumed on the premises, but outside the confines of the building. This prohibition shall include the serving of food from the interior of the building to the exterior through a window or other opening;
4. 
Residential use of any kind;
5. 
All aboveground and underground bulk storage of liquefied petroleum gases, gasoline, diesel fuel, kerosene, No. 2 fuel, fuel oil, chemicals or similar hazardous, flammable or combustible liquids in any amount, except as permitted otherwise by § 13.05. Aboveground or basement storage of up to 530 gallons of kerosene or No. 2 heating fuel in approved storage tanks and used exclusively for heating purposes on the premises is exempted from the above prohibition;
6. 
Any building, structure or use which would create an undue hazard of fire, explosion or nuisance by reason of odor, noise, dust or smoke, or which in any way would be detrimental to the health, public morals and public safety of the community;
7. 
Used car sales, unless such sales are accessory to the sale of new cars sold within the confines of a building;
8. 
Private commercial parking lots as a principal use; and
9. 
Any business conducted outside the confines of a building, except for uses customarily subordinate or incidental to pet care facilities, except as may be specifically permitted by this ordinance and except those temporary activities permitted by special permission from the Town Council.
[Amended 9-8-2020 by G.O. No. 2187]
E. 
Bulk and lot regulations. The following bulk and lot regulations shall apply to all uses permitted within the GB-2 zone district, unless more stringent requirements are provided by this ordinance:
1. 
Minimum front yard. There shall be a minimum front yard equal to the height of the principal building, but not less than 15 feet in depth. Notwithstanding this requirement, where existing buildings on the same side of the street form an established front yard depth which is greater than 15 feet, the minimum front yard on the subject property shall be the same as said established front yard. If such established front yard depth varies, the dimension to be used in administering the above minimum front yard requirement shall be equal to the average depth of the established front yards. For purposes of administering this subsection, the properties used for determining said established front yard depth shall be located, in whole or in part, within 200 feet of the subject property measured along the street right-of-way line, and must be on the same side of the street, in the same block and in a zone district with the same front yard requirement.
2. 
Minimum side yard. There shall be two side yards and no side yard shall be less than 10 feet notwithstanding the above requirement, when the side yard in the GB-2 zone district abuts a property in any residential zone, said side yard shall be not less than one foot for every two feet of height of the building located in the GB-2 zone district, but not less than 10 feet. Within this required side yard, there shall be a buffer at least 10 feet deep, within which plant material and/or a fence shall be installed, as required by the Planning Board, to adequately protect the abutting residential zone.
3. 
Minimum rear yard. There shall be a rear yard of at least one foot for every two feet of height of the principal building on the lot which is the subject of the application, but not less 10 feet. Notwithstanding the above requirement, when the rear yard in the GB-2 zone district abuts a property in any residential zone, said rear yard shall be not less than 35 feet. Within this required rear yard, there shall be a buffer at least 10 feet deep, within which plant material and/or a fence shall be installed, as required by the Planning Board, to adequately protect the abutting residential zone.
4. 
Maximum building height. No principal building shall exceed the maximum of three habitable floors, exclusive of basement, or 40 feet in height, whichever is less.
5. 
Maximum coverage by buildings and above-grade structures. No more than 40% of the area of any lot shall be covered by buildings and above-grade structures. Earthen flood detention basins as defined herein shall not be considered as a building or structure for purposes of computing this coverage.
6. 
Maximum coverage by improvements. No more than 90% of the area of any lot shall be covered by physical improvements, including but not limited to buildings; above-grade structures; and at-grade structures including, but not limited to, sidewalks, parking areas, patios, driveways, storage areas, etc. It is the intention of this provision that each lot shall have at least 10% of its lot area without any improvements except vegetation. Earthen flood detention basins as defined herein shall not be considered as a building, structure or improvement for purposes of computing this coverage.
7. 
Front yard landscaping. Deleted.
[Amended 9-11-2012 by Ord. No. 1991]
F. 
Other regulations. In addition to the above requirements, any development in the GB-2 zone district must comply with all applicable regulations of this ordinance, including but not limited to the following:
1. 
The general provisions of Article 12;
2. 
The regulations affecting accessory buildings, structures and uses in Article 13;
3. 
The off-street parking provisions of Article 17; and
4. 
The sign provisions of Article 16.
A. 
Principal uses and structures. The GB-3 zone district is intended to encourage retail sale personal and business services, as well as business, administrative and professional offices that are compatible with residential use on adjacent properties or in adjacent zones. The following principal uses and structures shall be permitted in the GB-3 zone district:
1. 
Business establishments on the first and/or second floor devoted primarily to the retail sales of goods and personal services on the premises, including restaurants and food establishments intended for food consumption on the premises or for take-out of food;
2. 
On the first and/or second floor, business, administrative and professional offices or business establishments providing the following services:
[Amended 9-29-2009 by Ord. No. 1946]
a. 
Finance, insurance or real estate sales or services;
b. 
Business or professional services;
c. 
Health services;
d. 
Social services;
e. 
Consulting services; and
f. 
Educational services;
3. 
Child care centers on the first and/or second floor;
4. 
Single-family residential uses in detached single-family structures;
5. 
Two-family residential uses in a single structure on the same lot;
[Amended 9-29-2009 by Ord. No. 1946]
6. 
Dwelling units on the second and/or third floor in the same structure as a permitted non-residential use;
[Amended 9-29-2009 by Ord. No. 1946]
7. 
Public parks and playgrounds; and
[Amended 9-29-2009 by Ord. No. 1946]
8. 
Establishments engaged in offering instruction in art, dance including dance studios, music, gymnastics, martial arts.
[Amended 6-6-2017 by Ord. No. 2082]
9. 
Artisan manufacturing.
[Added 10-13-2020 by G.O. No. 2193]
B. 
Accessory uses and structures. The following accessory uses and structures shall be permitted in the GB-3 zone district:
[Amended 9-29-2009 by Ord. No. 1946]
1. 
Parking and parking facilities as regulated in Article 17;
2. 
Signs as regulated in Article 16;
3. 
Home occupations as regulated in Article 14;
4. 
Antennas, as regulated in § 13.04; and
5. 
Other accessory uses and structures customarily subordinate and incidental to a permitted principal use and permitted conditional uses.
C. 
Conditional uses and structures. The following conditional uses and structures shall be permitted in the GB-3 District only if they comply with the appropriate regulations for such uses or structures in Article 18:
[Amended 8-11-2020 by G.O. No. 2177]
1. 
Houses of worship;
2. 
Nonprofit chartered membership organizations;
3. 
Gasoline filling stations and gasoline service stations;
4. 
Public garages;
5. 
Residential-type public utility facilities;
6. 
Certain cellular telecommunications antennas as set forth in Article 18; and
7. 
Boarding houses.
D. 
Prohibited uses and structures. Any use or structure other than those uses or structures permitted in Subsection A, B or C above are prohibited. In addition, and notwithstanding the above permitted uses, the following uses shall be specifically prohibited:
1. 
Any business conducted outside the confines of a building except those temporary activities permitted by special permission from the Town Council;
2. 
Automatic car washes, drive-through lubricating establishments and automobile body repair and painting shops;
3. 
Lumber or building material yards;
4. 
Sale, rental or repair of automobiles, motorcycles, boat trailers, lawn mowers, small gasoline or other liquid fuel engines, unless specifically permitted;
5. 
Dry cleaning establishments where the dry cleaning is done on the premises;
6. 
Warehouses or businesses which do not sell directly to the general public;
7. 
Public or private schools;
8. 
Any building, structure or use involving the sale of food or beverages to be served or consumed on the premises, but outside the confines of the building. This prohibition shall include the serving of food from the interior of the building to the exterior through a window or other opening;
9. 
Residential use of any kind other than those uses as permitted in Subsection A above. Existing nonconforming residential buildings or structures shall not be extended or enlarged for use relating to a business, unless the first floor is used entirely for business use;
10. 
Any non-residential use on the third floor;
11. 
All aboveground and underground bulk storage of liquefied petroleum gases, gasoline, diesel fuel, kerosene, No. 2 fuel, fuel oil, chemicals or similar hazardous, flammable or combustible liquids in any amount, except as permitted otherwise by § 13.05. Aboveground or basement storage of up to 530 gallons of kerosene or No. 2 heating fuel in approved storage tanks and used exclusively for heating purposes on the premises is exempted from the above prohibition;
12. 
Any building, structure or use which would create an undue hazard of fire, explosion or nuisance by reason of odor, noise, dust or smoke, or which in any way would be detrimental to the health, public morals and public safety of the community; and
13. 
Private commercial parking lots as a principal use.
E. 
Bulk regulations for non-residential uses and structures. The following bulk regulations are required for all non-residential uses and structures, as well as for residential uses in buildings as permitted in paragraph A.6 above, provided that the ground floor is used or designed for use by a non-residential activity:
1. 
Front yard. The front yard shall conform to the established front yard depth as set forth in § 12.03C, D and E. In the event there is no established front yard depth, there shall be a front yard of 40 feet.
For corner lots, the front yard shall be as required above for interior lots. The street side yard shall not be less than 20 feet.
2. 
Minimum side yard. Except as provided above for corner lots, there shall be two side yards and no side yard shall be less than five feet in width, or 1/3 of the height of the principal building, whichever is greater, provided that no principal building shall be located closer than 10 feet from a principal building on an adjacent property. When the side yard in the GB-3 zone district abuts a residential use or property in any residential zone, said side yard shall contain a buffer within which plant material and/or a fence shall be installed, as required by the Planning Board, to adequately protect the abutting residential use or residentially zoned property.
3. 
Minimum rear yard. There shall be a rear yard of at least one foot for every two feet of height of the principal building on the lot which is the subject of the application, but not less 10 feet. Notwithstanding the above requirement, when the rear yard in the GB-3 zone district abuts a residential use or property in any residential zone, said rear yard shall be not less than 35 feet. Within this required rear yard, there shall be a buffer at least 10 feet deep, within which plant material and/or a fence shall be installed, as required by the Planning Board, to adequately protect the abutting residential property.
4. 
Maximum building height. No principal building shall exceed the maximum of three habitable floors, exclusive of basement, or 40 feet in height, whichever is less.
5. 
Maximum coverage by buildings and above-grade structures. No more than 30% of the area of any lot shall be covered by buildings and above-grade structures. Earthen flood detention basins as defined herein shall not be considered as a building or structure for purposes of computing this coverage.
6. 
Maximum coverage by improvements. No more than 70% of the area of any lot shall be covered by physical improvements, including but not limited to buildings; above-grade structures; and at-grade structures including, but not limited to, sidewalks, parking areas, patios, driveways, storage areas, etc. It is the intention of this provision that each lot shall have at least 30% of its lot area without any improvements except vegetation. Earthen flood detention basins as defined herein shall not be considered as a building, structure or improvement for purposes of computing this coverage.
7. 
Front yard landscaping. Deleted. Within the front yard area, there shall be no buildings or paving permitted except for driveways and sidewalks which are necessary to provide access to buildings and access to parking and delivery areas. All areas in the front yard not used for access shall be landscaped, except for any accessory structures permitted by this ordinance.
[Amended 9-11-2012 by Ord. No. 1991]
F. 
Bulk and lot regulations for single-family and two-family residential uses and structures. The following bulk and lot regulations shall apply to single-family residential uses in a detached single-family dwelling, and to two-family residential uses, as permitted in paragraphs A.4 and A.5 above:
1. 
Minimum lot area. Every lot containing a single-family residential use in a detached single-family dwelling shall contain a minimum lot area of 6,000 square feet. Every lot containing a two-family residential use in a two-family attached residential dwelling shall contain a minimum lot area of 8,000 square feet.
2. 
Minimum lot width.
a. 
Single-family detached dwellings. Every lot containing a single-family residential use in a detached single-family dwelling shall contain a minimum lot width of 50 feet. In addition, the average width of the lot shall be such that there is a minimum lot area of at least 6,000 square feet within 120 feet of the front street sideline.
b. 
Two-family dwellings. Every lot containing a two-family residential use in a two-family attached residential dwelling shall contain a minimum lot width of 60 feet. In addition, the average width of the lot shall be such that there is a minimum lot area of at least 8,000 square feet within 134 feet of the front street sideline.
3. 
Minimum lot frontage.
a. 
Single-family detached dwellings. Every lot containing a single-family residential use in a detached single-family dwelling shall have a minimum lot frontage of 50 feet.
b. 
Two-family dwellings. Every lot containing a two-family residential use in a two-family attached residential dwelling shall have a minimum lot frontage of 60 feet.
4. 
Minimum lot depth. There shall be a minimum lot depth of 120 feet for all lots.
5. 
Front yard. The front yard shall conform to the established front yard depth as set forth in § 12.03C, D and E. In the event there is no established front yard depth, there shall be a front yard of 40 feet. For corner lots, the required front yard shall be as provided above for interior lots. The required street side yard shall not be less than 20 feet.
6. 
Minimum side yard. Except as provided above for corner lots, there shall be two side yards and no side yard shall be less than five feet in width, or 1/3 of the height of the principal building, whichever is greater, provided that no principal building shall be located closer than 10 feet from a principal building on an adjacent property.
7. 
Minimum rear yard. There shall be a rear yard of at least one foot in depth for every two feet of height of the principal building on the lot which is the subject of the application, but not less 10 feet. Notwithstanding the above requirement, when the rear yard in the GB-3 zone district abuts a residential use or property in any residential zone, said rear yard shall be not less than 35 feet.
8. 
Maximum building height. No principal building shall exceed the maximum of three habitable floors, exclusive of basement, but not more than 38 feet in height.
9. 
Maximum floor area ratio. The maximum floor area ratio shall be as set forth in § 12.04E.
10. 
Maximum coverage by buildings and above-grade structures. The maximum coverage by buildings and above-grade structures shall be as set forth in § 12.04F.
11. 
Maximum coverage by improvements. The maximum coverage by improvements shall be as set forth in § 12.04G.
G. 
Mixed residential and non-residential use. The following regulations shall apply to mixed residential and non-residential uses in the same building, in addition to all other applicable regulations of this ordinance:
[Amended 8-3-2004 by Ord. No. 1840]
1. 
Minimum lot area. There area of the lot shall be not less than 10,000 square feet.
2. 
Minimum lot width. There width of the lot shall be not less than 60 feet.
3. 
Minimum lot depth. The depth of the lot shall be not less than 120 feet.
4. 
Minimum front yard. The depth of the front yard shall conform to the established front yard depth as set forth in § 12.03C, D and E.
For corner lots, the required front yard shall be as provided above for interior lots. The depth of the street side yard shall not be less than 20 feet.
5. 
Minimum side yard. Except as provided above for corner lots, there shall be two side yards and the depth of each side yard shall be not less than five feet, or 1/3 of the height of the principal building, whichever is greater, provided that no principal building shall be located closer than 10 feet from a principal building on an adjacent property.
6. 
Minimum rear yard. The depth of the rear yard shall be not less than 10 feet, or 1/2 of the height of the principal building on the lot that is the subject of the application, whichever is greater.
7. 
Maximum building height. The height of the principal building shall not exceed three floors, exclusive of basement, but not more than 38 feet.
8. 
Maximum floor area ratio. The habitable floor area of all buildings shall not exceed 50% of the lot area.
9. 
Maximum density. The density shall not exceed one dwelling unit for each 3,350 square feet of lot area, and further provided, no more than 12 dwelling units shall be permitted on a lot, regardless of the lot area.
10. 
Maximum coverage by buildings and above-grade structures. The coverage by buildings and above-grade structures shall not exceed 30% of the lot area.
11. 
Maximum coverage by improvements. The coverage by improvements shall not exceed (70% of the lot area).
12. 
Maximum residential/nonresidential use ratio. The habitable floor area devoted to residential use(s) shall not exceed 2/3 of the total habitable floor area of the building or structure containing said residential use(s).
13. 
Minimum floor area per dwelling unit. Any single-dwelling unit shall have a minimum habitable floor area of 600 square feet, plus 200 square feet for each bedroom in excess of one bedroom.
14. 
Parking. Parking must be provided for the residential use as required by Article 17.
15. 
Residential stairs and elevators. Notwithstanding the limitation in § 11.28A.6 restricting residential use to the second and third floors of a mixed-use building, there shall be permitted on the first/ground floor a stair or stairs and/or elevator serving the dwelling units on the upper floors.
H. 
Other regulations. In addition to the above requirements, any development in the GB-3 zone district must comply with all applicable regulations of this ordinance, including but not limited to the following:
1. 
The general provisions of Article 12;
2. 
The regulations affecting accessory buildings, structures and uses in Article 13;
3. 
The off-street parking provisions of Article 17;
4. 
The sign provisions of Article 16; and
5. 
The architectural design provisions of § 12.11B (new developments containing at least two new dwellings).
A. 
Principal uses and structures. The C zone district is designed for limited industrial and manufacturing uses, but also retail and wholesale sales, personal and business services, and business, administrative and professional offices. The following principal uses and structures shall be permitted in the C zone district:
1. 
Limited industrial and manufacturing uses conforming with the performance standards of § 12.15;
2. 
Scientific and research facilities limited to those uses which meet all of the following descriptions:
a. 
All aspects of the use, other than parking, shipping, and deliveries, are carried on within the principal building on the site; and,
b. 
The total habitable floor area does not exceed 80,000 square feet;
3. 
Business establishments devoted primarily to the retail sales of goods and personal services on the premises, including restaurants and food establishments intended for food consumption on the premises or for take-out of food;
4. 
Wholesale commercial establishments;
5. 
Warehouses or storage buildings;
6. 
Dry cleaners, including but not limited to establishments where the dry cleaning is performed on the premises;
7. 
Banks and other financial institutions engaged in the business of accepting deposits from the public and/or extending credit to the public in the form of loans;
8. 
Business, administrative and professional offices, or other business establishments providing the following services:
a. 
Finance, insurance or real estate sales or services;
b. 
Business or professional services;
c. 
Health services;
d. 
Social services;
e. 
Consulting services;
9. 
Museums, art galleries and indoor motion picture theaters, and theaters for conducting live entertainment or cultural performances;
10. 
Child care centers;
11. 
Governmental buildings and municipal parking facilities;
12. 
Public parks and playgrounds; and
13. 
Board of Education administrative offices.
B. 
Accessory uses and structures. The following accessory uses and structures shall be permitted in the C zone district:
1. 
Parking and parking facilities as regulated in Article 17;
2. 
Signs as regulated in Article 16;
3. 
Antennas as regulated in § 13.04;
4. 
Mobile storage structures as regulated in § 13.03B; and
5. 
Other accessory uses and structures customarily subordinate and incidental to permitted principal use and permitted conditional uses.
C. 
Conditional uses and structures. The following conditional uses and structures shall be permitted in the C district only if they comply with the appropriate regulations for such uses or structures in Article 18:
1. 
Facilities of non-profit charter membership organizations and the offices of charitable organizations;
2. 
Gasoline filling stations and gasoline service stations;
3. 
Public garages;
4. 
Automatic car washes and drive-through lubricating establishments;
5. 
Automobile body repair shops and automobile painting facilities;
6. 
Lumber, building material and garden center sales;
7. 
Residential-type public utility facilities;
8. 
Industrial-type public utility facilities; and
9. 
Certain cellular telecommunications antennas as set forth in Article 18.
D. 
Prohibited uses and structures. Any use or structure other than those uses or structures permitted in Subsection A, B or C above are prohibited. In addition, and notwithstanding the above permitted uses, the following uses shall be specifically prohibited:
1. 
Public or private schools;
2. 
Residential use of any kind;
3. 
Used car sales, unless such sales are accessory to the sale of new cars sold within the confines of a building;
4. 
Private commercial parking lots as a principal use;
5. 
Trucking terminals;
6. 
Any business conducted outside the confines of a building, except as may be specifically permitted by this ordinance and except those temporary activities permitted by special permission from the Town Council;
7. 
Any building, structure or use involving the sale of food or beverages to be served or consumed on the premises, but outside the confines of the building. This prohibition shall include the serving of food from the interior of the building to the exterior through a window or other opening;
8. 
All aboveground and underground bulk storage of liquefied petroleum gases, gasoline, diesel fuel, kerosene, No. 2 fuel, fuel oil, chemicals or similar hazardous, flammable or combustible liquids in any amount, except as permitted otherwise by § 13.05 and § 13.06. Aboveground or basement storage of up to 530 gallons of kerosene or No. 2 heating fuel in approved storage tanks and used exclusively for heating purposes on the premises is exempted from the above prohibition;
9. 
Petroleum refining and related industries;
10. 
Commercial incineration, junk yards, or rubbish, garbage or trash dumps; and
11. 
Any building, structure or use which would create an undue hazard of fire, explosion or nuisance by reason of odor, noise, dust or smoke, or which in any way would be detrimental to the health, public morals and public safety of the community.
E. 
Bulk and lot regulations. The following bulk and lot regulations shall apply to all uses permitted within the C zone district, unless more stringent requirements are provided by this ordinance:
1. 
Minimum front yard. There shall be a minimum front yard of 10 feet.
2. 
Minimum side yard. There shall be two side yards, and no side yard shall be less than 12 feet.
3. 
Minimum rear yard. There shall be a minimum rear yard of 10 feet.
4. 
Maximum building height. No principal building shall exceed the maximum of two habitable floors, exclusive of basement, but not more than 40 feet in height.
F. 
Other regulations. In addition to the above requirements, any development in the C zone district must comply with all applicable regulations of this ordinance, including but not limited to the following:
1. 
The general provisions of Article 12;
2. 
The regulations affecting accessory buildings, structures and uses in Article 13;
3. 
The off-street parking provisions of Article 17; and
4. 
The sign provisions of Article 16.
[Introduced on first reading 4-23-2013 by Ord. No. 2002. Not adopted.]
[Amended 5-7-2013 by Ord. No. 2002]
A. 
Purpose and intent. The purpose of this article is to supplement Article 11 of the Code of the Town of Westfield in such a manner as to provide for the realistic opportunity for the development of affordable housing for households of low and moderate income, as required by Southern Burlington County NAACP v. Township of Mount Laurel, 92 N.J. 158 (1983) ("Mount Laurel II") and the Fair Housing Act, N.J.S.A. 52:27D-301 et seq., and consistent with the 2013 HPE&FSP. These regulations are intended to implement the 2013 HPE&FSP.
B. 
Applicability and re-zoning. These regulations shall apply to the following properties: Block 3305, Lots 4 and 5, as shown on the Official Tax Maps of the Town of Westfield, and which shall be designated as NA-AH on the Zoning Map of the Town of Westfield.
C. 
Principal uses and structures. The following principal uses and structures shall be permitted in the NA-AH zone district:
1. 
Multi-family residences as defined in Article 2;
2. 
Single-family residential uses in attached single-family residential structures, also known as townhouses; and
3. 
Private open space, private and public parks and playgrounds.
D. 
Accessory uses and structures. The following accessory uses and structures shall be permitted in the NA-AH zone:
1. 
Parking and parking facilities as regulated in Article 17;
2. 
Signs as regulated in Article 16;
3. 
Antennas, as regulated in § 13.04; and
4. 
Accessory uses and structures customarily subordinate and incidental to permitted principal uses and accessory uses and structures customarily subordinate and incidental to permitted conditional uses.
E. 
Conditional uses and structures. Residential-type public utility facilities shall be permitted in the NA-AH district subject to compliance with the applicable regulations for such uses or structures in Article 18.
F. 
Prohibited uses and structures. Any uses or structures, other than those uses or structures permitted in Subsection C through E above, are prohibited.
G. 
Bulk and lot regulations. The following bulk and lot regulations shall apply to all developments within the NA-AH zone district:
1. 
Minimum tract area. There shall be a minimum tract area of one acre.
2. 
Minimum front yard. There shall be a front yard of not less than 40 feet.
3. 
Minimum side yard and rear yard. No building containing dwelling units shall be closer than 20 feet to any side property line or closer to any rear property line than 35 feet.
4. 
Minimum lot frontage and lot width. There shall be a minimum lot frontage and lot width of 250 feet for multi-family residences and a lot frontage of 250 feet and lot width of 15 feet for townhouses.
5. 
Maximum density. There shall be a maximum density of 25 dwelling units for each acre of lot or tract area.
[Amended 3-13-2018 by Ord. No. 2100]
6. 
Affordable housing set aside. At least 20% of the units constructed shall be sold or rented at rates affordable to low-, very low- and moderate-income limits in accordance with the state's Uniform Housing Affordability Controls (N.J.A.C. 5:80-26.1 et seq.) and Council on Affordable Housing regulations (N.J.A.C. 5:97-1.1 et seq.), with any fractional unit to be rounded upward. All affordable units shall be constructed on site.
7. 
Maximum building height. No principal building shall exceed three habitable floors, exclusive of basement, but not more than 35 feet in height. No accessory building shall exceed one story in height.
8. 
Minimum distance between buildings. Between buildings containing dwelling units, the following minimum distances shall apply:
a. 
For multi-family buildings, one foot for every two feet of combined building height;
b. 
For townhouse-style buildings:
(1) 
Facing front-to-front, a minimum setback of 60 feet separated by an open court and said court shall not contain any accessory building;
(2) 
Facing rear-to-rear, a minimum setback of 60 feet;
(3) 
Facing front-to-side, a minimum setback of 40 feet; and
(4) 
No rear of one townhouse building shall face the front of another townhouse building.
9. 
Maximum coverage by buildings and above-grade structures. No more than 25% of the area of any lot shall be covered by multi-family buildings and above-grade structures; provided, however, that no more than 35% of the area of any lot shall be covered by townhouse-style buildings and above-grade structures provided, however, that such coverage may be increased to 37% when at least 2% of such coverage of the lot is by a deck or decks. Earthen flood detention basins as defined herein shall not be considered as a building or structure for purposes of computing this coverage.
10. 
Maximum coverage by improvements. No more than 70% of the area of any lot shall be covered by physical improvements, including but not limited to buildings; above-grade structures; and at-grade structures including, but not limited to, sidewalks, parking areas, patios, driveways, swimming pools, etc. It is the intention of this provision that each lot shall have at least 30% of its lot area without any improvements except vegetation. Earthen flood detention basins as defined herein shall not be considered as a building, structure or improvement for purposes of computing this coverage.
11. 
Maximum dwelling units per building. No townhouse building shall contain more than nine dwelling units. No multi-family residential building shall contain more than 12 dwelling units. For purposes of administering this section, where buildings containing dwelling units are connected by a structure which does not contain dwelling units (by example a covered walkway, a portico or covered driveway), each building containing dwelling units shall be considered a separate building.
12. 
Maximum continuous wall length. The longest dimension of any continuous exterior wall of any building shall not be greater than 50 feet. For the purpose of administering this provision, any exterior wall that is offset for a depth of four feet or greater shall be construed as a separate wall.
H. 
Other regulations. The following other regulations shall apply to multi-family residences and townhouse attached residences within the NA-AH zone district.
1. 
Design considerations. The development of the properties within this zone presents an opportunity to implement the best development and sustainable practices promoted by the New Jersey Office of State Planning. Development within this TOD zone shall promote transit-friendly improvements as outlined in the Town Land Use Element of its Master Plan and identified below:
a. 
Off-site improvements as determined necessary to provide safe and appropriate pedestrian access to the Westfield community rail train station.
b. 
Environmental sustainability in the development of these properties may include recycling of demolition materials, implementation of measures to conserve and protect water resources, minimizing waste and pollutants of all kinds, maximizing energy efficiently in construction materials and household appliances, and expansion of the urban forest through on-site landscaping.
2. 
Townhouse facade variation. In order to avoid excessive visual monotony, the front and rear facade of each townhouse dwelling unit shall be substantially different in appearance from the facade of adjacent dwelling units. The facade variation as required herein shall be accomplished by the use of different materials, textures or colors, or any combination thereof; provided that the facade designs shall avoid excessive variety or contrast. The use of materials, textures and colors shall be harmonious and compatible throughout the entire development.
3. 
Compatible architecture. The design of accessory buildings and structures, including the nature of building materials used, shall be substantially the same as used in the construction of principal buildings on the same site designed to be used for multi-family residences or single-family attached residences.
4. 
Use of accessory buildings. No part of any accessory building or structure shall be used for living purposes.
5. 
Pre-existing uses. The use(s) existing on the property, at the time of adoption of this ordinance, are permitted to continue. The uses are permitted to be demolished, rebuilt and modified in accordance with the prior zoning standards that were in effect at the time of this rezoning. No change of use shall otherwise occur except in strict conformance with this ordinance.
6. 
Affordability regulations. All inclusionary developments in the NA-AH zone district shall comply with all applicable affordable housing regulations of Article 23 of the Land Use Ordinance and all affordable housing constructed in the NA-AH zone district shall be constructed, marketed, sold and/or rented in accordance with the New Jersey Uniform Housing Affordability Controls (UHAC) set forth in N.J.A.C. 5:80-26.1 et seq. and N.J.A.C. 5:97-1 et seq.
7. 
General provisions, parking and loading. In addition to the above requirements, all development in the NA-AH zone district shall comply with all other applicable provisions of the Land Use Ordinance, including but not limited to the general provisions of Article 12; and the off-street parking provisions of Article 17.
I. 
Effective date. The within new Article 11.31 of the Land Use Ordinance shall not become effective until: (1) proper passage and publication in accordance with law; (2) entry by the Superior Court of New Jersey of a Final Judgment of Compliance and Repose in litigation entitled Sunnyside Senior Housing of Westfield, LLC v. Town of Westfield, et al., Docket No. UNN-L-135-09, and (3) the expiration of the forty-five-day appeal period without an appeal of the Judgment of Compliance and Repose having been filed.
[Amended 12-16-2014 by Ord. No. 2033; 5-12-2015 by Ord. No. 2045]
A. 
Purpose and intent. The purpose of this article is to supplement Article 11 of the Code of the Town of Westfield in such a manner as to provide for the realistic opportunity for the development of affordable housing for households of low and moderate income, as required by Southern Burlington County NAACP v. Township of Mount Laurel, 92 N.J. 158 (1983) ("Mount Laurel II") and the Fair Housing Act, N.J.S.A. 52:27D-301 et seq., and consistent with the 2013 Housing Element Plan and Fair Share Plan (HPE&FSP). These regulations are intended to implement the 2013 HPE&FSP.
B. 
Applicability and re-zoning. These regulations shall apply to the following properties:
Block 3208, Lot 1.02 and Block 3207, Lots 1 and 4 all as shown on the Official Tax Map of the Town of Westfield, and a portion of New Street to be vacated by the Town consisting of 8,713 square feet, all of which are currently designated as NS-AMFH on the Zoning Map of the Town of Westfield.
C. 
Principal uses and structures. The following principal uses and structures shall be permitted in the NS-AMFH zone district:
1. 
Multi-family residences as defined in Article 2; and
2. 
Private open space, private parks and playgrounds.
D. 
Accessory uses and structures. The following accessory uses and structures shall be permitted in the NS-AMFH zone district:
1. 
Parking and underground parking facilities as regulated herein;
2. 
Signs as regulated in Article 16; and
3. 
Accessory uses and structures customarily subordinate and incidental to permitted principal uses and shall include building lobbies, community rooms, fitness rooms, laundries and roof terraces.
E. 
Prohibited uses and structures. Any uses or structures, other than those uses or structures permitted in Subsection C through D above, are prohibited.
F. 
Bulk and lot regulations. Development of property within this zone shall be substantially in conformance with the attached Exhibits B - Concept Development Plan and C - Architectural Renderings, including without limitation in terms of building footprint, building height, architectural design, building facade materials and the amenities displayed thereon, and shall comply with all standards outlined in this Article 11.32. The following bulk and lot regulations shall apply to all developments within the NS-AMFH zone district:
1. 
Minimum tract area. The tract area shall be a minimum of 62,000 square feet and a maximum 68,000 square feet.
2. 
Density. The total number of residential units shall not exceed 70 units.
3. 
Lot frontage. There shall be a minimum lot frontage along South Avenue East of 200 feet.
4. 
Building heights and setbacks. Building heights and building setbacks shall comply with the following:
Regulations*
Minimum Building Setback**
(feet)
Building Height***
(feet)
Street
Front lot line (red)
20 from curb
15 from property line
32
42
South Avenue East
Street side lot line (orange)
20 from curb
15 from property line
32
42
Central Avenue
Front lot line (blue)
10
N/A
South Elmer Street
Front lot line (blue)
10
42
New Street
Side lot line (yellow)
15
42
N/A
Side lot line (green)
10
42
N/A
Rear lot line (black)
5
32
N/A
Street intersection plaza
50 to above-ground buildings
42
Central and South Avenues
*
Curb and lot line designations are color-coded as identified on Exhibit A, Map of Curb and Lot Line Designations NS-AMFH zone district.
**
Building setbacks along South and Central Avenues shall be not less than 20 feet from the curb line, and in no event shall the setback be less than 15 feet from future right-of-way line resulting from the installation of a right turn lane on South Avenue.
***
Building height limits are based upon Exhibit B Concept Development Plan NS-AMFH zone district. The associated minimum building setback limits are relative to the building height, except that along county roads a minimum twenty-foot building setback from the curb and a fifteen-foot setback from the property line is required. Building height is the vertical distance from the average roof height to the average proposed elevation of normal grade level at the base of the building or structure. Normal grade shall be construed to be the newly established grade after construction, exclusive of any filling, berming, mounding or excavating which deviates from the grade in the general vicinity of the site.
5. 
Overall building height. The maximum overall building height shall average 37 feet, excluding tower and parapets.
6. 
Street plaza. The street plaza, as depicted on Exhibit B, shall have a minimum depth of 50 feet measured at a right angle from the Central Avenue curb line to the front entrance to the building, with a minimum square footage of 5,750 square feet and comprised of a maximum 40% hardscape and the remainder green space, said design subject to Planning Board approval.
7. 
Bell tower. The bell tower as depicted on Exhibit C shall have a height to the top of the tower of 62 feet, with a maximum height to the bell tower roof peak of 70 feet.
8. 
Parapets. The roof parapets shall be located substantially in conformance with Exhibit C and shall not exceed a height above roof level of three feet, six inches (three feet., six in.) at the building front facade along the South and Central Avenue intersection at the street plaza, and a combination of eight feet, six inches along the front facade at the street plaza, and three feet, six inches along the Central Avenue front facade. Parapets shall not be included in the calculation of building height.
9. 
Open space. The front yard along South Avenue and the street side yard along Central Avenue, excluding the street plaza, shall be left open space and landscaped, except for an ornamental wrought iron fence separating the public way from the private property, to be approved by the Planning Board.
G. 
Parking. All parking shall be located on site and shall be underground and/or covered completely, with the exception of a maximum of 10 surface parking spaces. Parking shall be prohibited within all minimum front and side street yards. All parking shall be screened and shall not be visible from South and Central Avenues. The surface parking spaces shall be screened by a solid decorative wall, maximum four feet in height, to block headlight glare onto adjacent properties. All parking and driveway improvements shall comply with the provision of the Residential Site Improvement Standards (RSIS), except that the minimum number of parking spaces shall be governed by the CBD and GB-1 standards of Section 17.02C 1.g. In addition, development of all property within this zone shall be in compliance with the following provisions of Article 17 of the Town of Westfield Land Use Ordinance §§ 17.05B and C, 17.06, 17.07, 17.08, 17.09, 17.10, 17.12 and 17.13.
H. 
Affordable housing component. There shall be an inclusionary affordable housing component consisting of nine residential units, complying with all standards of Article 23 of the Town of Westfield Land Use Ordinance, except as provided in Section 11.32N.
I. 
Residential restrictions on South Avenue. There shall be no residential units on the first floor facing the front yard along South Avenue. The first floor shall only be used for common areas and facilities for the residents of the building.
J. 
Roof top HVAC equipment. Said equipment height shall not exceed seven feet above the roof height of the building. Said units shall be adequately screened from view to the satisfaction of the Planning Board.
K. 
Maximum coverage by buildings and above-grade structures. No more than 50% of the tract area shall be covered by multi-family buildings and above-grade structures. Earthen flood detention basins as defined herein shall not be considered as a building or structure for purposes of computing this coverage.
L. 
Maximum coverage by improvements. No more than 70% of the area of the tract shall be covered by physical improvements, including but not limited to buildings, above-grade structures, and at-grade structures including sidewalks, parking areas, patios, driveways, swimming pools, etc. It is the intention of this provision that at least 30% of the tract area shall not have any improvements except vegetation. Earthen flood detention basins as defined herein shall not be considered as a building, structure or improvement for purposes of computing this coverage.
M. 
Screening. Wherever development in the NS-AMFH zone district abuts an adjoining property that has located thereon a single-family detached or two-family dwelling, there shall be a screened buffer by landscaping, fencing or other means as approved by the Planning Board.
N. 
Affordability regulations. Any inclusionary developments in the NS-AMFH zone district must comply with all applicable regulations of the affordable housing regulations of Article 23 and the New Jersey Uniform Housing Affordability Controls (UHAC), N.J.A.C. 5:80-26.1 et seq. and COAH regulations N.J.A.C. 5:97-1 et seq. except that of the nine affordable units, the bedroom distribution shall be four two-bedroom units and five one-bedroom units; and, the low/moderate income split of the units shall be five moderate income units and four low-income units (which low-income units shall consist of three low-income units and one very-low income unit).
O. 
General provisions. In addition to the above requirements, any development in the NS-AMFH zone district shall comply with all applicable provisions of this ordinance and including, but not limited to, the general provisions of Article 12, except that underground parking shall be allowed to encroach within all plaza and minimum building setback areas.
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[Amended 5-7-2013 by Ord. No. 2004]
A. 
Principal permitted uses and structures. The permitted principal uses and structures within the RA-5C Multi-Family Residence District shall be limited to multi-family residences as defined in Article 2, with all units to be under the condominium form of ownership and the four affordable units shall be rental.
B. 
Applicability and re-zoning. These regulations apply to the following property: Block 3905, Lot 27.
C. 
Accessory uses and structures. The following accessory uses and structures shall be permitted in the RA-5C Multi-Family Residence District:
1. 
Signs, in accordance with Town Codes and regulations;
2. 
Private roads, driveways and visitor parking as regulated herein; and
3. 
Fences and walls, in accordance with Town Codes and regulations.
D. 
Prohibited uses and structures. Any use or structure other than those uses or structures permitted in Subsection A or B above are prohibited.
E. 
Affordable housing set aside. At least 15% of the units constructed shall be rented at rates affordable to low-, very low- and moderate-income limits in accordance with the state's Uniform Affordability Controls (N.J.A.C. 5:80-26.1 et seq.) and Council on Affordable Housing regulations (N.J.A.C. 5:97-1.1 et seq.), with any fractional unit to be rounded upward. All affordable units shall be constructed on site.
F. 
Affordability regulations. Any inclusionary development in the RA-5C zone district must comply with all applicable regulations of the affordable housing regulations of Article 23 and all affordable housing constructed as a part of this ordinance shall be constructed, marketed, sold and/or rented in accordance with New Jersey Uniform Housing Affordability Controls (UHAC) NJAC 5:80-26.1 et seq. and COAH regulations NJAC 5:97-1 et seq.
G. 
Bulk and lot regulations. The following bulk and lot regulations apply to all development within the RA-5C Multi-Family Residence District:
1. 
Minimum lot area. There shall be a minimum lot area of 60,000 square feet.
2. 
Minimum lot frontage. There shall be a minimum lot frontage of 95 feet.
3. 
Minimum front yard. There shall be a minimum front yard setback of 40 feet.
4. 
Minimum side yard. No dwelling unit shall be closer to the side yard than 10 feet from the west property line and 47 feet from the east property line.
5. 
Minimum rear yard. No dwelling unit shall be closer to the rear yard than 35 feet.
6. 
Maximum building height. No principal building shall exceed the maximum of three habitable floors and 33.5 feet.
7. 
Maximum coverage by improvements. No more than 68% of the area of the lot shall be covered by physical improvements, including but not limited to buildings; above-grade structures; and at-grade structures including, but not limited to sidewalks, parking areas, patios, driveways, etc. provided, however, that such coverage may be increased to 70% when at least 2% consists of sidewalks, patios or grass pavers. It is the intention of this provision that the lot shall have at least 30% of its lot area without any improvements except vegetation.
8. 
Maximum coverage by buildings and above-grade structures. No more than 29% of the area of any lot shall be covered by buildings and above-grade structures.
9. 
Minimum distance between buildings. Between buildings containing dwelling units, the following minimum distances shall apply: end wall to end wall 15 feet.
10. 
Maximum density. No more than 24 units shall be constructed on-site, at a gross density not to exceed 16.5 units per acre.
11. 
Minimum buffer. A buffer in the form of landscaping, walls and fences as may be approved by the Planning Board shall be provided by the developer of any multi-family residential use which abuts a property located in a single-family residential zone. Trees and shrubs used in a buffer shall be at least five feet high at the time of planting. Buffers shall be protected from impact by motor vehicles, and from the negative effects of road salt and snow plowing. A granite block curb shall separate buffers from vehicle use areas.
12. 
Screening of parking. Parking shall be screened by landscape plantings in unison with fences and walls in sufficient quantity when a parking area for multi-family residential use abuts an existing single-family residential use.
13. 
Site improvements. On-site improvements shall be determined by applying the minimum Residential Site Improvement Standards (RSIS) to provide an eighteen-foot residential driveway length and a residential access parallel parking low intensity cartway width of 28 feet with a grasscrete turnaround provided. In any area of the site where parking is provided within the twenty-eight-foot cartway, there shall be provided a traveled way of not less than 21 feet in width. The width of any parking lane located within the cartway shall be seven feet, all as provided by applicable RSIS standards.
14. 
Parking. RSIS parking standards shall be exceeded to provide a combination of garage and driveway spaces as follows: (a) One-bedroom unit - one garage space and one driveway space; (b) two-bedroom unit - one- or two-car garage spaces and two driveway spaces; (c) three-bedroom unit - one garage space and one driveway space, with 13 parallel parking visitor spaces.
15. 
Unit mix. There shall be provided one bedroom unit, 22 bedroom units, and one three-bedroom unit.
16. 
Applications in the Multi-Family RA-5C Multi-Family Residential District shall not be subject to review by the Architectural Review Committee.
17. 
Applications in the Multi-Family RA-5C Multi-Family Residential District shall connect to existing sanitary sewer and storm sewer systems.
18. 
Garbage and recycling collection shall be provided as determined by the Planning Board.
H. 
Effective date. The within new Article 11.33 of the Land Development Ordinance shall not become effective until: (1) proper passage and publication in accordance with law; (2) entry by the Superior Court of New Jersey of a Judgment of Compliance and Repose in litigation entitled Sunnyside Senior Housing of Westfield, LLC v. Town of Westfield, et al., Docket No. UNN-L-135-09, and (3) the expiration of the forty-five-day appeal period without an appeal of the Judgment of Compliance and Repose having been filed.
[Amended 11-10-2015 by Ord. No. 2053]
A. 
Purpose and intent. The purpose of this article is to supplement Article 11 of the Code of the Town of Westfield in such a manner as to provide for the realistic opportunity for the development of affordable housing for households of low and moderate income, as required by Southern Burlington County NAACP v. Township of Mount Laurel, 92 N.J. 158 (1983) ("Mount Laurel II") and the Fair Housing Act, N.J.S.A. 52:27D-301 et seq., and consistent with the 2014 Housing Plan Element and Fair Share Plan (HPE&FSP). These regulations are intended to implement the 2014 HPE&FSP.
B. 
Applicability. These regulations shall apply to the following properties: Block 3001, Lots 1 and 6, as shown on the Official Tax Map of the Town of Westfield.
C. 
Principal uses and structures. The following principal uses and structures shall be permitted in the WBS-AMFH zone district:
1. 
Multi-family residences as defined in Article 2.
D. 
Accessory uses and structures. The following accessory uses and structures shall be permitted in the WBS-AMFH zone district:
1. 
Parking facilities as regulated herein;
2. 
Signs as regulated herein and in Article 16; and
3. 
Accessory uses and structures customarily subordinate and incidental to permitted principal uses.
E. 
Prohibited uses and structures. Any uses or structures, other than those uses or structures permitted in Subsection C through D above, are prohibited.
F. 
Bulk and lot regulations. Development of property within this zone shall be substantially in conformance with the attached Exhibits: Exhibit A - Architectural Elevations and Floor Plans; Exhibit B - Engineering Plans; and, Exhibit C - Color Architectural Rendering, including without limitation in terms of building footprint, parking area layout, building height, architectural design, building facade materials and the amenities displayed thereon, and shall comply with all standards outlined in this Article 11.34. The following bulk and lot regulations shall apply to all developments within the WBS-AMFH zone district:
1. 
Minimum tract area. The tract area shall be a minimum of 22,500 square feet.
2. 
Density. The total number of residential units shall not exceed 31 units.
3. 
Lot frontage. There shall be a minimum lot frontage along West Broad Street of 106 feet, and a minimum lot frontage along Rahway Avenue of 191 feet.
4. 
Maximum building height.*
a. 
Building height not to exceed a maximum of three stories, but no more than 38 feet to the top of a parapet, except as provided below:
(1) 
Corner turrets shall not exceed 47.5 feet in height. The number of corner turrets shall not exceed two and they shall be located at the southwest and southeast corners of the building.
(2) 
Decorative towers shall not exceed 41.5 feet in height to the top of the parapet. A maximum of two decorative towers are permitted, one along each street frontage.
*Maximum height limits are based upon Exhibit A - Architectural Elevations and Floor Plans. Building height is the vertical distance from the highest point of the building or structure to the average elevation of normal grade level at the base of the building or structure. Normal grade shall be construed to be the newly established grade after construction, exclusive of any filling, berming, mounding or excavating which deviates from the grade in the general vicinity of the site.
5. 
Minimum front yard along West Broad Street: 0 feet.
6. 
Minimum street side yard along Rahway Avenue: 0 feet.
7. 
Minimum side yard. Zero feet, however, 2nd and 3rd stories shall be set back a minimum of 8.5 feet.
8. 
Minimum rear yard. Zero feet, however, second and third stories shall be set back a minimum of 8.5 feet.
9. 
Design standards. Architectural design and building facade materials shall be as shown in Exhibit A - Architectural Elevations and Floor Plans, and Exhibit C - Color Architectural Rendering.
G. 
Rooftop HVAC equipment. Said equipment height shall not exceed seven feet above the roof height of the building. Said units shall be adequately screened from view to the satisfaction of the Planning Board.
H. 
Parking. All parking shall be located on-site, interior to the principal building. No parking shall be located along the West Broad Street frontage of the property. The parking lot shall be screened by a combination of walls and ornamental fencing, plantings and other means as may be approved by the Planning Board. All parking and driveway improvements shall comply with the provisions of the Residential Site Improvement Standards (RSIS), including the required parking space size specified therein, except that the minimum number of parking spaces required shall be governed by Section 17-02C.1.d. In addition, development of all property within this zone shall be in compliance with the following provisions contained within Article 17 of the Town of Westfield Land Use Ordinance: 17.05B and C, 17.06, 17.08, 17.09, 17.10, 17.12 and 17.13.
I. 
Signs. One wall mounted sign identifying the name of the multi-family dwelling development shall be permitted per street frontage. The area of each sign shall not exceed 26 square feet, shall not exceed a maximum horizontal dimension of 6.5 feet, shall not exceed a maximum vertical dimension of four feet, and the height of each sign shall not exceed 10 feet. In addition, said signs shall be in compliance with all other applicable provisions within Article 16 of the Town of Westfield Land Use ordinance.
J. 
Affordable housing component. There shall be an inclusionary affordable housing component consisting of a minimum of five affordable units. Of the five affordable units, the bedroom distribution shall be one one-bedroom unit; three two-bedroom units, and one three-bedroom unit.
K. 
Affordability regulations. Any inclusionary developments in the WBS-AMFH zone district must comply with all applicable regulations of the affordable housing regulations of Article 23 and the New Jersey Uniform Housing Affordability Controls (UHAC), N.J.A.C. 5:80-26.1 et seq. and COAH regulations N.J.A.C. 5:97-1 et seq.
L. 
General provisions. In addition to the above requirements, any development in the WBS-AMFH Zone District shall comply with all applicable provisions of this ordinance and the general provisions of Article 12.
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[Amended 3-13-2018 by Ord. No. 2093]
A. 
Purpose and intent. The purpose of this article is to supplement Article 11 of the Code of the Town of Westfield in such a manner as to provide for the realistic opportunity for the development of affordable housing for households of low and moderate income, as required by Southern Burlington County NAACP v. Township of Mount Laurel, 92 N.J. 158 (1983) ("Mount Laurel II") and the Fair Housing Act, N.J.S.A. 52:27D-301 et seq. and consistent with an amended order entered by the Superior Court of New Jersey on October 30, 2017 and filed by the court on November 1, 2017 which approved the settlement of a declaratory judgment action filed by the Town of Westfield titled In re Town of Westfield Compliance with Third Round Mount Laurel Affordable Housing Obligations, Docket No. UNN-L-2391-15, (the "DJ Action") (the "Settlement Approval Order"). These regulations are intended to implement the Settlement Approval Order. The GB1-AHO district is designed to enable property within the Overlay district to be developed with stand-alone multi-family residential development as an alternative to the underlying zone district development standards that are, and shall remain, in force. Multi-family residences permitted in the GB1-AHO District shall include an affordable housing set-aside as provided for elsewhere in this section.
B. 
Applicability. These regulations shall apply to the following properties as shown on the Official Tax Map of the Town of Westfield:
Block
Lot
Address
3002
3
335 Watterson Street
3002
4
325 Watterson Street
3006
5
430 Central Avenue
3006
6
500 Central Avenue
3006
7
510 Central Avenue
3006
8
514 Central Avenue
3006
9
516 Central Avenue
C. 
Principal uses and structures. The following principal uses and structures shall be permitted in the GB1-AHO District:
1. 
Multi-family residences as defined in Article 2, limited to rental housing.
2. 
Existing permitted uses, permitted by the underlying zone district.
3. 
Development of a site in the GB1-AHO is permitted for either a permitted use authorized pursuant to the underlying zone or in the alternative, a use permitted by the overlay zone, but not both.
D. 
Accessory uses and structures. The following accessory uses and structures shall be permitted in the GB1-AHO District:
1. 
Parking and parking facilities as regulated herein;
2. 
Signs as regulated in Article 16;
3. 
Antennas, as regulated in § 13.04; and
4. 
Accessory uses and structures customarily subordinate and incidental to permitted principal uses and shall include building lobbies, community rooms, fitness rooms, laundries, pools, storage and stormwater management facilities.
E. 
Prohibited uses and structures. Any uses or structures, other than those uses or structures permitted in Subsection C through D above, are prohibited.
F. 
Bulk and lot regulations.
1. 
Maximum density. There shall be a maximum density of 25 dwelling units for each acre of lot or tract area.
2. 
All other bulk and lot requirements as specified by the underlying zone district apply.
G. 
Design standards.
1. 
The Design Standards set forth in § 10.15 shall apply.
2. 
The longest dimension of any continuous exterior wall of any building shall not be greater than 50 feet. For the purpose of administering this provision, any exterior wall that is offset for a depth of four feet or greater shall be construed as a separate wall.
3. 
The use of vinyl siding as an exterior wall material is prohibited.
H. 
Parking. All parking and driveway improvements shall comply with the provision of the Residential Site Improvement Standards (RSIS), except that the minimum number of parking spaces shall be the RSIS standards for high-rise dwellings. In addition, development of all property within this zone shall be in compliance with the following provisions of Article 17 of the Town of Westfield Land Use Ordinance §§ 17.05, 17.06, 17.07, 17.08, 17.09, 17.10, 17.11, 17.12 and 17.13. The parking space depth requirement in § 17.04A for spaces with no curb overhang shall not apply to the GB1-AHO zone district.
I. 
Yard location and minimum setbacks for parking areas. Off-street parking areas are prohibited in front and street side yards, and parking areas shall be set back at least five feet from side and rear property lines.
J. 
Affordable housing set aside. At least 15% of the units constructed shall be rented at rates affordable to low-, very low- and moderate-income households in accordance with all applicable regulations of the affordable housing regulations of Article 23, with the state's Uniform Housing Affordability Controls (N.J.A.C. 5:80-26.1 et seq.), and Council on Affordable Housing regulations (N.J.A.C. 5:97-1.1 et seq.), with any fractional unit to be rounded upward. All affordable units shall be constructed on site.
K. 
Other regulations. In addition to the above requirements, any development in the GB1-AHO district must comply with all applicable regulations of this ordinance including, but not limited to, the following:
1. 
The general provisions of Article 12;
2. 
The regulations affecting accessory buildings, structures and uses in Article 13; and
3. 
The sign provisions of Article 16.
[Amended 3-13-2018 by Ord. No. 2094]
A. 
Purpose and intent. The purpose of this article is to supplement Article 11 of the Code of the Town of Westfield in such a manner as to provide for the realistic opportunity for the development of affordable housing for households of low and moderate income, as required by Southern Burlington County NAACP v. Township of Mount Laurel, 92 N.J. 158 (1983) ("Mount Laurel II") and the Fair Housing Act, N.J.S.A. 52:27D-301 et seq. and consistent with an amended order entered by the Superior Court of New Jersey on October 30, 2017 and filed by the court on November 1, 2017 which approved the settlement of a declaratory judgment action filed by the Town of Westfield titled In re Town of Westfield Compliance with Third Round Mount Laurel Affordable Housing Obligations, Docket No. UNN-L-2391-15, (the "DJ Action") (the "Settlement Approval Order"). These regulations are intended to implement the Settlement Approval Order. The GB2-AHO district is designed to enable property within the Overlay district to be developed with stand-alone multi-family residential development as an alternative to the underlying zone district development standards that are, and shall remain, in force. Multi-family residences permitted in the GB2-AHO district shall include an affordable housing set-aside as provided for elsewhere in this section.
B. 
Applicability. These regulations shall apply to the following properties as shown on the Official Tax Map of the Town of Westfield:
Block
Lot
Address
3202
2
260 North Avenue East
3202
3
270 North Avenue East
3202
6
422-436 North Avenue East
3202
7
440 North Avenue East
3202
8
450 North Avenue East
3202
9
462 North Avenue East
3202
10
466 North Avenue East
3202
11
474 North Avenue East
3202
12
500 North Avenue East
3202
13
516 North Avenue East
3202
14
522 North Avenue East
3202
15.01
526 North Avenue East
3202
15.02
536 North Avenue East
3202
16
540 North Avenue East
3305
3
580 North Avenue East
3204
7.01
215 South Avenue East
3204
7.02
219 South Avenue East
3204
10
343 South Avenue East
3204
11
349 South Avenue East
3204
12
357 South Avenue East
3204
13
361 South Avenue East
3204
14
365 South Avenue East
3204
15
369 South Avenue East
3204
16
401 South Avenue East
C. 
Principal uses and structures. The following principal uses and structures shall be permitted in the GB2-AHO district:
1. 
Multi-family residences as defined in Article 2, limited to rental housing.
2. 
Existing permitted uses, permitted by the underlying zone district.
3. 
Development of a site in the GB2-AHO is permitted for either a permitted use authorized pursuant to the underlying zone or in the alternative, a use permitted by the overlay zone, but not both.
D. 
Accessory uses and structures. The following accessory uses and structures shall be permitted in the GB2-AHO district:
1. 
Parking and parking facilities as regulated herein;
2. 
Signs as regulated in Article 16;
3. 
Antennas, as regulated in § 13.04; and
4. 
Accessory uses and structures customarily subordinate and incidental to permitted principal uses and shall include building lobbies, community rooms, fitness rooms, laundries, pools, storage and stormwater management facilities.
E. 
Prohibited uses and structures. Any uses or structures, other than those uses or structures permitted in Subsection C through D above, are prohibited.
F. 
Bulk and lot regulations.
1. 
Maximum density. There shall be a maximum density of 25 dwelling units for each acre of lot or tract area.
2. 
All other bulk and lot requirements as specified by the underlying zone district apply.
G. 
Design standards.
1. 
The Design Standards set forth in § 10.15 shall apply.
2. 
The longest dimension of any continuous exterior wall of any building shall not be greater than 50 feet. For the purpose of administering this provision, any exterior wall that is offset for a depth of four feet or greater shall be construed as a separate wall.
3. 
The use of vinyl siding as an exterior wall material is prohibited.
H. 
Parking. All parking and driveway improvements shall comply with the provision of the Residential Site Improvement Standards (RSIS), except that the minimum number of parking spaces shall be the RSIS standards for high-rise dwellings. In addition, development of all property within this zone shall be in compliance with the following provisions of Article 17 of the Town of Westfield Land use Ordinance §§ 17.05, 17.06, 17.07, 17.08, 17.09, 17.10, 17.11, 17.12 and 17.13. The parking space depth requirement in § 17.04A for spaces with no curb overhang shall not apply to the GB2-AHO zone district.
I. 
Yard location and minimum setbacks for parking areas. Off-street parking areas are prohibited in front and street side yards, and parking areas shall be set back at least five feet from side and rear property lines.
J. 
Affordable housing set aside. At least 15% of the units constructed shall be rented at rates affordable to low-, very low- and moderate-income households in accordance with all applicable regulations of the affordable housing regulations of Article 23, with the state's Uniform Housing Affordability Controls (N.J.A.C. 5:80-26.1 et seq.), and Council on Affordable Housing regulations (N.J.A.C. 5:97-1.1 et seq.), with any fractional unit to be rounded upward. All affordable units shall be constructed on site.
K. 
Other regulations. In addition to the above requirements, any development in the GB2-AHO district must comply with all applicable regulations of this ordinance including, but not limited to, the following:
1. 
The general provisions of Article 12;
2. 
The regulations affecting accessory buildings, structures and uses in Article 13; and
3. 
The sign provisions of Article 16.
[Amended 3-13-2018 by Ord. No. 2095]
A. 
Purpose and intent. The purpose of this article is to supplement Article 11 of the Code of the Town of Westfield in such a manner as to provide for the realistic opportunity for the development of affordable housing for households of low and moderate income, as required by Southern Burlington County NAACP v. Township of Mount Laurel, 92 N.J. 158 (1983) ("Mount Laurel II") and the Fair Housing Act, N.J.S.A. 52:27D-301 et seq., and consistent with an amended order entered by the Superior Court of New Jersey on October 30, 2017 and filed by the court on November 1, 2017 which approved the settlement of a declaratory judgment action filed by the Town of Westfield titled In re Town of Westfield Compliance with Third Round Mount Laurel Affordable Housing Obligations, Docket No. UNN-L-2391-15, (the "DJ Action") (the "Settlement Approval Order"). These regulations are intended to implement the Settlement Approval Order. The GB3-AHO district is designed to enable property within the Overlay district to be developed with stand-alone multi-family residential development as an alternative to the underlying zone district development standards that are, and shall remain, in force. Multi-family residences permitted in the GB3-AHO district shall include an affordable housing set-aside as provided for elsewhere in this section.
B. 
Applicability. These regulations shall apply to the following properties as shown on the Official Tax Map of the Town of Westfield:
Block
Lot
Address
3204
1
201 South Avenue East
3204
2.01
211 South Avenue East
3204
3
419 Elmer Street South
3204
4
417 Elmer Street South
3204
5
401 Elmer Street South
3207
2
110 New Street
3207
3
402 Elmer Street South
3207
5
408 Elmer Street South
3207
6
412 Elmer Street South
3207
7
123 South Avenue East
3208
2
115 New Street
C. 
Principal uses and structures. The following principal uses and structures shall be permitted in the GB3-AHO district:
1. 
Multi-family residences as defined in Article 2, limited to rental housing.
2. 
Existing permitted uses, permitted by the underlying zone district.
3. 
Development of a site in the GB3-AHO is permitted for either a permitted use authorized pursuant to the underlying zone or in the alternative, a use permitted by the overlay zone, but not both.
D. 
Accessory uses and structures. The following accessory uses and structures shall be permitted in the GB3-AHO district:
1. 
Parking and parking facilities as regulated herein;
2. 
Signs as regulated in Article 16;
3. 
Antennas, as regulated in § 13.04; and
4. 
Accessory uses and structures customarily subordinate and incidental to permitted principal uses and shall include building lobbies, community rooms, fitness rooms, laundries, pools, storage and stormwater management facilities.
E. 
Prohibited uses and structures. Any uses or structures, other than those uses or structures permitted in Subsection C through D above, are prohibited.
F. 
Bulk and lot regulations.
1. 
Maximum density. There shall be a maximum density of 25 dwelling units for each acre of lot or tract area.
2. 
All other bulk and lot requirements shall be as specified by § 11.28G1 through § 11.28G8, and §§ 11.28G10, 11, and 13.
G. 
Design standards.
1. 
The Design Standards set forth in § 10.15 shall apply.
2. 
The longest dimension of any continuous exterior wall of any building shall not be greater than 50 feet. For the purpose of administering this provision, any exterior wall that is offset for a depth of four feet or greater shall be construed as a separate wall.
3. 
The use of vinyl siding as an exterior wall material is prohibited.
H. 
Parking. All parking and driveway improvements shall comply with the provision of the Residential Site Improvement Standards (RSIS), except that the minimum number of parking spaces shall be the RSIS standards for high-rise dwellings. In addition, development of all property within this zone shall be in compliance with the following provisions of Article 17 of the Town of Westfield Land Use Ordinance §§ 17.05, 17.06, 17.07, 17.08, 17.09, 17.10, 17.11, 17.12 and 17.13. The parking space depth requirement in § 17.04A for spaces with no curb overhang shall not apply to the GB3-AHO zone district.
I. 
Yard location and minimum setbacks for parking areas. Off-street parking areas are prohibited in front and street side yards, and parking areas shall be set back at least five feet from side and rear property lines.
J. 
Affordable housing set aside. At least 15% of the units constructed shall be rented at rates affordable to low-, very low- and moderate-income households in accordance with all applicable regulations of the affordable housing regulations of Article 23, with the state's Uniform Housing Affordability Controls (N.J.A.C. 5:80-26.1 et seq.), and Council on Affordable Housing regulations (N.J.A.C. 5:97-1.1 et seq.), with any fractional unit to be rounded upward. All affordable units shall be constructed on site.
K. 
Other regulations. In addition to the above requirements, any development in the GB3-AHO district must comply with all applicable regulations of this ordinance including, but not limited to, the following:
1. 
The general provisions of Article 12;
2. 
The regulations affecting accessory buildings, structures and uses in Article 13; and
3. 
The sign provisions of Article 16.
[Amended 3-13-2018 by Ord. No. 2096]
A. 
Purpose and intent. The purpose of this article is to supplement Article 11 of the Code of the Town of Westfield in such a manner as to provide for the realistic opportunity for the development of affordable housing for households of low and moderate income, as required by Southern Burlington County NAACP v. Township of Mount Laurel, 92 N.J. 158 (1983) ("Mount Laurel II") and the Fair Housing Act, N.J.S.A. 52:27D-301 et seq., and consistent with an amended order entered by the Superior Court of New Jersey on October 30, 2017 and filed by the court on November 1, 2017 which approved the settlement of a declaratory judgment action filed by the Town of Westfield titled In re Town of Westfield Compliance with Third Round Mount Laurel Affordable Housing Obligations, Docket No. UNN-L-2391-15, (the "DJ Action") (the "Settlement Approval Order"). These regulations are intended to implement the Settlement Approval Order. The C-AHO district is designed to enable property within the Overlay district to be developed with stand-alone multi-family residential development as an alternative to the underlying zone district development standards that are, and shall remain, in force. Multi-family residences permitted in the C-AHO district shall include an affordable housing set-aside as provided for elsewhere in this section.
B. 
Applicability. These regulations shall apply to the following properties as shown on the Official Tax Map of the Town of Westfield:
Block
Lot
Address
3307
3
461-469 South Avenue East
C. 
Principal uses and structures. The following principal uses and structures shall be permitted in the C-AHO district:
1. 
Multi-family residences as defined in Article 2, limited to rental housing.
2. 
Existing permitted uses, permitted by the underlying zone district.
3. 
Development of a site in the C-AHO is permitted for either a permitted use authorized pursuant to the underlying zone or in the alternative, a use permitted by the overlay zone, but not both.
D. 
Accessory uses and structures. The following accessory uses and structures shall be permitted in the C-AHO district:
1. 
Parking and parking facilities as regulated herein;
2. 
Signs as regulated in Article 16;
3. 
Antennas, as regulated in § 13.04; and
4. 
Accessory uses and structures customarily subordinate and incidental to permitted principal uses and shall include building lobbies, community rooms, fitness rooms, laundries, pools, storage and stormwater management facilities.
E. 
Prohibited uses and structures. Any uses or structures, other than those uses or structures permitted in Subsection C through D above, are prohibited.
F. 
Bulk and lot regulations.
1. 
Maximum density. There shall be a maximum density of 30 dwelling units for each acre of lot or tract area.
2. 
All other bulk and lot requirements as specified by the underlying zone district apply.
G. 
Design standards.
1. 
The Design Standards set forth in § 10.15 shall apply.
2. 
The longest dimension of any continuous exterior wall of any building shall not be greater than 50 feet. For the purpose of administering this provision, any exterior wall that is offset for a depth of four feet or greater shall be construed as a separate wall.
3. 
The use of vinyl siding as an exterior wall material is prohibited.
H. 
Parking. All parking and driveway improvements shall comply with the provision of the Residential Site Improvement Standards (RSIS), except that the minimum number of parking spaces shall be the RSIS standards for high-rise dwellings. In addition, development of all property within this zone shall be in compliance with the following provisions of Article 17 of the Town of Westfield Land Use Ordinance §§ 17.05, 17.06, 17.07, 17.08, 17.09, 17.10, 17.11, 17.12 and 17.13. The parking space depth requirement in § 17.04A for spaces with no curb overhang shall not apply to the C-AHO zone district.
I. 
Yard location and minimum setbacks for parking areas. Off-street parking areas are prohibited in front and street side yards, and parking areas shall be set back at least five feet from side and rear property lines.
J. 
Affordable housing set aside. At least 15% of the units constructed shall be rented at rates affordable to low-, very low- and moderate-income households in accordance with all applicable regulations of the affordable housing regulations of Article 23, with the state's Uniform Housing Affordability Controls (N.J.A.C. 5:80-26.1 et seq.), and Council on Affordable Housing regulations (N.J.A.C. 5:97-1.1 et seq.), with any fractional unit to be rounded upward. All affordable units shall be constructed on site.
K. 
Other regulations. In addition to the above requirements, any development in the C-AHO district must comply with all applicable regulations of this ordinance including, but not limited to, the following:
1. 
The general provisions of Article 12;
2. 
The regulations affecting accessory buildings, structures and uses in Article 13; and
3. 
The sign provisions of Article 16.
[Amended 3-13-2018 by Ord. No. 2097]
A. 
Purpose and intent. The purpose of this article is to supplement Article 11 of the Code of the Town of Westfield in such a manner as to provide for the realistic opportunity for the development of affordable housing for households of low and moderate income, as required by Southern Burlington County NAACP v. Township of Mount Laurel, 92 N.J. 158 (1983) ("Mount Laurel II") and the Fair Housing Act, N.J.S.A. 52:27D-301 et seq., and consistent with an amended order entered by the Superior Court of New Jersey on October 30, 2017 and filed by the court on November 1, 2017 which approved the settlement of a declaratory judgment action filed by the Town of Westfield titled In re Town of Westfield Compliance with Third Round Mount Laurel Affordable Housing Obligations, Docket No. UNN-L-2391-15, (the "DJ Action") (the "Settlement Approval Order"). These regulations are intended to implement the Settlement Approval Order.
B. 
Applicability. These regulations shall apply to the following properties: Block 3307, Lots 1 and 2; Block 4004, Lot 17; and Block 4005, Lots 3 and 4, all as shown on the Official Tax Map of the Town of Westfield. This overlay includes the following two subzones:
1. 
North Subzone: Block 3307, Lots 1 and 2, which are currently located in the C zone district on the Zoning Map of the Town of Westfield.
2. 
South Subzone: Block 4004, Lot 17; and Block 4005, Lots 3 and 4, which are currently located in the GB-2 zone district on the Zoning Map of the Town of Westfield.
C. 
Principal uses and structures. In addition to any use permitted in the underlying zone district, the following principal uses and structures shall be permitted in the SW-AHO zone district:
1. 
Multi-family residences as defined in Article 2.
2. 
Retail sales and retail services designed to serve a strictly local population on the ground floor only.
3. 
Private open space, private parks and playgrounds.
4. 
Block 4004, Lot 17, as shown on the Official Tax Map of the Town of Westfield, shall be used for either parking or open space appurtenant to Block 4005, Lots 3 and 4.
5. 
Existing permitted uses, permitted by the underlying zone district.
6. 
Development of a site in the SW-AHO is permitted for either a permitted use authorized pursuant to the underlying zone or in the alternative, a use permitted by the overlay zone, but not both.
Multiple principal uses shall be permitted within a single building.
D. 
Accessory uses and structures. The following accessory uses and structures shall be permitted in the SW-AHO district:
1. 
Parking and parking facilities as regulated herein;
2. 
Signs as regulated in Article 16;
3. 
Antennas, as regulated in § 13.04; and
4. 
Accessory uses and structures customarily subordinate and incidental to permitted principal uses and shall include building lobbies, community rooms, fitness rooms, laundries, roof terraces on first or second story rooftops only, pools, storage and stormwater management facilities.
E. 
Prohibited uses and structures. Any uses or structures, other than those uses or structures permitted in Subsection C through D above, are prohibited.
F. 
Bulk and lot regulations - North Subzone. The following bulk and lot regulations shall apply to all developments within the North Subzone of the SW-AHO zone district:
1. 
Minimum tract area. There shall be a minimum tract area of four acres.
2. 
Minimum lot frontage and lot width. There shall be a minimum lot frontage and lot width of 600 feet along South Avenue.
3. 
Minimum front yard: 10 feet.
4. 
Minimum side yard. Ground floor: five feet; upper floors: 15 feet.
5. 
Minimum rear yard. Ground floor: five feet; upper floors: 15 feet.
6. 
Maximum building height. No principal building shall exceed 65 feet in height, as measured from average grade to the roof ridge. The maximum number of stories, including parking, shall be three stories within 100 feet of South Avenue and/or within 200 feet of any existing residential use in the Town of Westfield, and four stories beyond 100 feet of South Avenue and 200 feet of any existing residential use in the Town of Westfield.
7. 
Maximum coverage by buildings and other structures. No more than 95% of the area of any lot shall be covered by buildings and above-grade structures. Earthen flood detention basins as defined herein shall not be considered as a building or structure for purposes of computing this coverage.
8. 
Maximum density. The maximum density shall be 37.77 units per acre.
9. 
Maximum retail floor area. The maximum floor area devoted to retail sales and retail service uses shall be 12,000 square feet. Such uses shall be designed to serve a strictly local population.
10. 
Floor area requirements. The minimum floor area provisions of Article 12 of the Town of Westfield Land Use Ordinance § 12.04D shall not apply to the SW-AHO zone district, nor shall there by any maximum floor area ratio requirements applicable to the SW-AHO zone district.
G. 
Bulk and lot regulations - South Subzone. The following bulk and lot regulations shall apply to all developments within the South Subzone of the SW-AHO district:
1. 
Minimum tract area. There shall be a minimum tract area of one acre, which may include the total of all parcels in the subzone.
2. 
Minimum lot frontage and lot width. There shall be a minimum lot frontage and lot width of 350 feet along South Avenue, which may be non-contiguous and include the total of all parcels in the subzone.
3. 
Minimum front yard along South Avenue: 10 feet.
4. 
Minimum street side yard along Windsor Avenue: 15 feet.
5. 
Minimum side yard: 15 feet.
6. 
Minimum rear yard (opposite South Avenue): 25 feet.
7. 
Maximum building height. No principal building shall exceed 40 feet in height, as measured from average grade to the roof ridge. The maximum number of stories shall be three stories, including parking.
8. 
Maximum coverage by buildings and other structures. No more than 70% of the total area of all parcels in the subzone shall be covered by buildings and above-grade structures. Earthen flood detention basins as defined herein shall not be considered as a building or structure for purposes of computing this coverage.
9. 
Maximum coverage by improvements. No more than 90% of the total area of all parcels in the subzone shall be covered by physical improvements, including, but not limited to, buildings; above-grade structures; and at-grade structures including, but not limited to, sidewalks, parking areas, patios, driveways, swimming pools, etc.
10. 
Maximum density. The maximum density shall be 25 units per acre. Density shall be calculated for the entire area of the South Subzone of the SW-AHO zone district, including non-contiguous parcels.
11. 
Maximum retail floor area. The maximum floor area devoted to retail and other commercial uses shall be 5,000 square feet.
12. 
Floor area requirements. The minimum floor area provisions of Article 12 of the Town of Westfield Land Use Ordinance § 12.04D shall not apply to the SW-AHO zone district, nor shall there by any maximum floor area ratio requirements applicable to the SW-AHO zone district.
H. 
Design standards.
1. 
The Design Standards set forth in § 10.15 shall apply.
2. 
The longest dimension of any continuous exterior wall of any building shall not be greater than 50 feet. For the purpose of administering this provision, any exterior wall that is offset for a depth of four feet or greater shall be construed as a separate wall.
3. 
The use of vinyl siding as an exterior wall material is prohibited.
I. 
Parking. All parking shall be located within the subzone it is intended to serve and shall be enclosed within a building, with the exception of a maximum of 20 surface parking spaces in the South Subzone. All parking and driveway improvements shall comply with the provision of the Residential Site Improvement Standards (RSIS), except that the minimum number of parking spaces shall be as listed below. In addition, development of all property within this zone shall be in compliance with the following provisions of Article 17 of the Town of Westfield Land Use Ordinance §§ 17.05B and C, 17.06, 17.07, 17.08, 17.09, 17.10, 17.11, 17.12 and 17.13. The parking space depth requirement in § 17.04A for spaces with no curb overhang shall not apply to the SW-AHO zone district. The following minimum parking ratios shall apply to uses within the SW-AHO zone district:
1. 
Residential uses. The RSIS standards for high-rise dwellings shall apply.
2. 
Nonresidential uses. One space for each 300 square feet of gross floor area.
J. 
Yard location and minimum setbacks for parking areas. Off-street parking areas are prohibited in front and street side yards, and parking areas shall be set back at least five feet from side and rear property lines.
K. 
Loading. The requirements for the minimum number of off-street loading and unloading spaces in Article 17 of the Town of Westfield Land Use Ordinance § 17.02E shall not apply to the SW-AHO zone district.
L. 
Residential unit location restrictions. There shall be no residential units on the ground floor of any building. The ground floor shall only be used for common areas and facilities for the residents of the building, parking and permitted nonresidential uses.
M. 
Affordable housing set aside in the North Subzone. In the North Subzone of the SW-AHO, at least 15% of the units constructed, plus three additional housing units transferred to the North Subzone of the SW-AHO zone district pursuant to the settlement approval order, shall be rented at rates affordable to low-, very low- and moderate-income limits in accordance with all applicable regulations of the affordable housing regulations of Article 23, the New Jersey Uniform Housing Affordability Controls (UHAC), (N.J.A.C. 5:80-26.1 et seq.), and Council on Affordable Housing regulations (N.J.A.C. 5:97-1.1 et seq.), with any fractional unit to be rounded upward. All affordable units shall be constructed on site. The three additional affordable housing units shall be earmarked for special needs tenants in accordance with the requirements set forth in the settlement approval order.
N. 
Affordable housing set aside in the South Subzone. In the South Subzone of the SW-AHO, at least 15% of the units constructed shall be rented at rates affordable to low-, very low- and moderate-income limits in accordance with all applicable regulations of the affordable housing regulations of Article 23, the state's Uniform Housing Affordability Controls (N.J.A.C. 5:80-26.1 et seq.) and Council on Affordable Housing regulations (N.J.A.C. 5:97-1.1 et seq.), with any fractional unit to be rounded upward. All affordable units shall be constructed on site.
O. 
Other regulations. In addition to the above requirements, any development in the SW-AHO district must comply with all applicable regulations of this ordinance including, but not limited to, the following:
1. 
The general provisions of Article 12, except as regulated herein;
2. 
The regulations affecting accessory buildings, structures and uses in Article 13; and
3. 
The sign provisions of Article 16.
[Amended 3-13-2018 by Ord. No. 2098]
A. 
Purpose and intent. The purpose of this article is to supplement Article 11 of the Code of the Town of Westfield in such a manner as to provide for the realistic opportunity for the development of affordable housing for households of low and moderate income, as required by Southern Burlington County NAACP v. Township of Mount Laurel, 92 N.J. 158 (1983) ("Mount Laurel II") and the Fair Housing Act, N.J.S.A. 52:27D-301 et seq., and consistent with an amended order entered by the Superior Court of New Jersey on October 30, 2017 and filed by the court on November 1, 2017 which approved the settlement of a declaratory judgment action filed by the Town of Westfield titled In re Town of Westfield Compliance with Third Round Mount Laurel Affordable Housing Obligations, Docket No. UNN-L-2391-15, (the "DJ Action") (the "Settlement Approval Order"). These regulations are intended to implement the Settlement Approval Order.
B. 
Applicability. These regulations shall apply to the following properties as shown on the Official Tax Map of the Town of Westfield:
Block
Lot
Address
3002
5
501 South Avenue West
3002
6
408 Westfield Avenue
3002
12
320 First Street
3002
13
322 First Street
C. 
Principal uses and structures. The following principal uses and structures shall be permitted in the PA-AHO district:
1. 
Multi-family residences as defined in Article 2, above the first floor.
2. 
Retail sales, retail services, cafes and restaurants on the first floor, with the primary ingress/egress fronting on South Avenue.
3. 
Existing permitted uses, permitted by the underlying zone district.
4. 
Development of a site in the PA-AHO is permitted for either a permitted use authorized pursuant to the underlying zone or in the alternative, a use permitted by the overlay zone, but not both.
Multiple principal uses shall be permitted within a single building.
D. 
Accessory uses and structures. The following accessory uses and structures shall be permitted in the PA-AHO zone district:
1. 
Parking and parking facilities as regulated herein;
2. 
Signs as regulated in Article 16;
3. 
Antennas, as regulated in § 13.04; and
4. 
Accessory uses and structures customarily subordinate and incidental to permitted principal uses and shall include building lobbies, community rooms, fitness rooms, laundries, roof terraces, pools, storage and stormwater management facilities.
E. 
Prohibited uses and structures. Any uses or structures, other than those uses or structures permitted in Subsection C through D above, are prohibited.
F. 
Bulk and lot regulations. Development of property within this district shall be substantially in conformance with the attached Exhibit A - Architectural Elevations, and Exhibit B - Ground Floor Plan, including building footprint, building height, and architectural design. The following bulk and lot regulations shall apply to all developments within the PA-AHO zone district:
1. 
Minimum tract area. There shall be a minimum tract area of 1.18 acres.
2. 
Minimum lot frontage.
a. 
There shall be a minimum combined, uninterrupted lot frontage of 100 feet along South Avenue/Westfield Avenue.
b. 
There shall be a minimum lot frontage of 115 feet along First Street.
3. 
Minimum front yard.
a. 
Zero feet along South Avenue and Westfield Avenue.
b. 
Twenty-five feet along First Avenue.
4. 
Minimum side yard adjacent to Block 3002, Lot 2: 5 feet.
5. 
Minimum side yard adjacent to Block 3002, Lots 3 and 4: 10 feet.
6. 
Minimum side yard adjacent to the side lot line of Block 3002, Lot 11: 45 feet.
7. 
Minimum side yard adjacent to the rear lot line of Block 3002, Lot 11: 29 feet.
8. 
Minimum side yard adjacent to Block 3002, Lots 7 and 10: 34 feet.
9. 
Maximum building height. No principal building shall exceed 40 feet in height, as measured from average grade to the roof ridge. The maximum number of stories, including parking, shall be three stories. The turret, as depicted on Exhibit A, shall have a maximum height of 50 feet to the roof peak.
10. 
Maximum coverage by buildings and other structures. No more than 60% of the total area of all parcels in the PA-AHO zone shall be covered by buildings and above-grade structures. Earthen flood detention basins as defined herein shall not be considered as a building or structure for purposes of computing this coverage.
11. 
Maximum coverage by improvements. No more than 85% of the total area of all parcels in the PA-AHO zone shall be covered by physical improvements, including, but not limited to, buildings; above-grade structures; and at-grade structures, including, but not limited to, sidewalks, parking areas, patios, driveways, swimming pools, etc.
12. 
Maximum density. The maximum density shall be 25 units per acre which equates to 30 dwelling units on the 1.18 acres site. If the site is less than 1.18 acres, the number of residential units shall be reduced accordingly.
13. 
Maximum retail floor area. The maximum floor area devoted to retail sales, retail services, cafes and restaurants shall be 7,055 square feet.
14. 
Floor area requirements. The minimum floor area provisions of Article 12 of the Town of Westfield Land Use Ordinance § 12.04D shall not apply to the PA-AHO zone district, nor shall there be any maximum floor area ratio requirements applicable to the PA-AHO zone district.
G. 
Design standards.
1. 
Architectural design shall be substantially similar in design and aesthetics with the attached Exhibit A - Architectural Elevations. Final elevations shall be subject to the approval of the Planning Board.
2. 
The Design Standards set forth in § 10.15 shall apply.
3. 
The use of vinyl siding as an exterior wall material is prohibited.
H. 
Parking. All parking shall be enclosed under or within a building, with the exception of a maximum of eight surface parking spaces. All parking and driveway improvements shall comply with the provision of the Residential Site Improvement Standards (RSIS), except that the minimum number of parking spaces shall be as listed below. In addition, development of all property within this zone shall be in compliance with the following provisions of Article 17 of the Town of Westfield Land Use Ordinance §§ 17.05B and C, 17.06, 17.07, 17.08, 17.09, 17.10, 17.11, 17.12 and 17.13. The parking space depth requirement in § 17.04A for spaces with no curb overhang shall not apply to the PA-AHO zone district. The following minimum parking ratios shall apply to uses within the PA-AHO zone district:
1. 
Residential uses. One space per dwelling unit.
2. 
Nonresidential uses. One space for each 300 square feet of gross floor area.
I. 
Yard location and minimum setbacks for parking areas. Off-street parking areas are prohibited in front and street side yards, and parking areas shall be set back at least five feet from side and rear property lines.
J. 
Loading. The requirements for the minimum number of off-street loading and unloading spaces in Article 17 of the Town of Westfield Land Use Ordinance § 17.02E shall not apply to the PA-AHO zone district.
K. 
Residential unit location restrictions. There shall be no residential units on the ground floor of any building. The ground floor shall only be used for common areas and facilities for the residents of the building, parking and permitted nonresidential uses.
L. 
Affordable housing set aside. Any development for multi-family residences intended for rent shall be required to set-aside at least 15% of all residential units for low- and moderate-income households in accordance with all applicable regulations of the affordable housing regulations of Article 23, the state's Uniform Housing Affordability Controls (N.J.A.C. 5:80-26.1 et seq.), and Council on Affordable Housing regulations (N.J.A.C. 5:97-1.1 et seq.), with any fractional unit to be rounded upward. All affordable units shall be constructed on site.
M. 
Other regulations. In addition to the above requirements, any development in the PA-AHO district must comply with all applicable regulations of this ordinance including, but not limited to, the following:
1. 
The general provisions of Article 12, except as regulated herein;
2. 
The regulations affecting accessory buildings, structures and uses in Article 13; and
3. 
The sign provisions of Article 16.
LUL PA-AHO Sign Provisions_ pg 1.tif
LUL PA-AHO Sign Provisions_ pg 2 top.tif
LUL PA-AHO Sign Provisions_ pg 2 bottom.tif
[Amended 3-13-2018 by Ord. No. 2099]
A. 
Purpose and intent. The purpose of this article is to supplement Article 11 of the Code of the Town of Westfield in such a manner as to provide for the realistic opportunity for the development of affordable housing for households of low and moderate income, as required by Southern Burlington County NAACP v. Township of Mount Laurel, 92 N.J. 158 (1983) ("Mount Laurel II") and the Fair Housing Act, N.J.S.A. 52:27D-301 et seq., and consistent with an amended order entered by the Superior Court of New Jersey on October 30, 2017 and filed by the court on November 1, 2017 which approved the settlement of a declaratory judgment action filed by the Town of Westfield titled In re Town of Westfield Compliance with Third Round Mount Laurel Affordable Housing Obligations, Docket No. UNN-L-2391-15, (the "DJ Action") (the "Settlement Approval Order"). These regulations are intended to implement the Settlement Approval Order.
B. 
Applicability. These regulations shall apply to the following properties as shown on the Official Tax Map of the Town of Westfield:
Block
Lot
Address
3007
3
215 Ross Place
3007
4
209 Ross Place
3007
5
203 Ross Place
C. 
Principal uses and structures. The following principal uses and structures shall be permitted in the RP-AHO district:
1. 
Multi-family residences in the form of four attached dwellings in one building in which each unit has two open-space exposures and shares two walls with adjoining units, otherwise known as a quadruplex.
2. 
Two-family residences in the form of two attached dwellings in one building separated from each other by an unpierced wall extending from basement to roof, otherwise known as a duplex.
3. 
Existing permitted uses, permitted by the underlying zone district.
4. 
Development of a site in the RP-AHO is permitted for either a permitted use authorized pursuant to the underlying zone or in the alternative, a use permitted by the overlay zone, but not both.
D. 
Accessory uses and structures. The following accessory uses and structures shall be permitted in the RP-AHO zone district:
1. 
Parking and parking facilities as regulated herein;
2. 
Signs as regulated in Article 16;
3. 
Antennas, as regulated in § 13.04; and
4. 
Accessory uses and structures customarily subordinate and incidental to permitted principal uses.
E. 
Prohibited uses and structures. Any uses or structures, other than those uses or structures permitted in Subsection C through D above, are prohibited.
F. 
Bulk and lot regulations. Development of property within this district shall be substantially in conformance with the attached Exhibit A - Concept Plan 22, and Exhibit B - Architectural Elevations, including building footprint, building orientation, building setbacks, building height, and architectural design. The following bulk and lot regulations shall apply to all developments within the RP-AHO zone district:
1. 
Minimum tract area. There shall be a minimum tract area of one acre.
2. 
Minimum lot frontage.
a. 
There shall be a minimum lot frontage of 135 feet along Ross Place.
b. 
There shall be a minimum lot frontage of 150 feet along Carleton Road.
3. 
Yard and height requirements.
Building 1
Building 2
Building 3
Minimum front yard
17 feet
12 feet
38 feet
Minimum street side yard
29 feet
NA
NA
Minimum side yard
NA
NA
10 feet
Minimum rear yard
16 feet
11 feet
180 feet
Maximum building height
2.5 stories, but not more than 32 3/4 feet in height
2.5 stories, but not more than 32 3/4 feet in height
2.5 stories, but not more than 32 3/4 feet in height
4. 
Minimum distance between buildings: 32 feet.
5. 
Maximum coverage by buildings and other structures. No more than 40% of the total area of all parcels in the RP-AHO zone shall be covered by buildings and above-grade structures. Earthen flood detention basins as defined herein shall not be considered as a building or structure for purposes of computing this coverage.
6. 
Maximum coverage by improvements. No more than 75% of the total area of all parcels in the RP-AHO zone shall be covered by physical improvements, including, but not limited to, buildings; above-grade structures; and at-grade structures including, but not limited to, sidewalks, parking areas, patios, driveways, swimming pools, etc.
7. 
Maximum density. The maximum density shall be 10 dwelling units.
8. 
Floor area requirements. The minimum floor area provisions of Article 12 of the Town of Westfield Land Use Ordinance § 12.04D shall not apply to the RP-AHO zone district, nor shall there be any maximum floor area ratio requirements applicable to the RP-AHO zone district.
9. 
Number of principal buildings or structures. No more than three principal buildings or structures are permitted.
10. 
Maximum building mass along building sidewalls. The maximum continuous length for building side walls shall be limited to 25 feet. For the purpose of administering this provision, any exterior wall that is offset in plane for a depth of two feet or greater shall be construed as a separate wall. In addition, a minimum of 5% of the total square footage of each sidewall is to be made up of windows.
11. 
Minimum garage space. Each dwelling shall have a one-car garage.
G. 
Design standards.
1. 
Architectural design shall be substantially similar in design and aesthetics with the attached Exhibit B - Architectural Elevations. Final elevations shall be subject to the approval of the Planning Board.
2. 
Exterior colors shall be different for each of the three buildings.
3. 
The buildings shall be designed and constructed so as to appear as single-family homes to the greatest extent possible.
4. 
Excessive uniformity in design of buildings is prohibited and development shall comply with the provisions set forth in § 12.11.B. in this regard.
5. 
The Design Standards set forth in § 10.15 shall apply.
6. 
The use of vinyl siding as an exterior wall material is prohibited.
7. 
No access shall be permitted through the bay windows currently shown on the "Left Side Elevation" of Building Number 3 found in Exhibit B - Architectural Elevations.
H. 
Parking. A minimum of 22 parking spaces shall be provided on site. All parking and driveway improvements shall comply with the provision of the Residential Site Improvement Standards (RSIS), except that the minimum number of parking spaces shall be as listed above. In addition, development of all property within this zone shall be in compliance with the following provisions of Article 17 of the Town of Westfield Land Use Ordinance §§ 17.05B and C, 17.06, 17.07, 17.08, 17.09, 17.10, 17.11, 17.12 and 17.13. The parking space depth requirement in § 17.04A for spaces with no curb overhang shall not apply to the RP-AHO zone district.
I. 
Yard location and minimum setbacks for parking areas. Off-street parking areas shall be located substantially in conformance with Exhibit A - Concept Plan 22, and parking areas shall be set back at least five feet from property lines.
J. 
Affordable housing requirements. In accordance with the settlement agreement, a payment of $111,000 into the Town's affordable housing trust fund in lieu of construction of affordable housing units shall be made. The in-lieu-of payment of $111,000 shall be made to the Town as follows: $55,500 prior to and as a condition precedent to the issuance of zoning and construction permits; and $55,500 prior to and as a condition precedent to the issuance of the certificate of occupancy for the fifth housing unit in the project.
K. 
Other regulations. In addition to the above requirements, any development in the RP-AHO district must comply with all applicable regulations of this ordinance including, but not limited to, the following:
1. 
The general provisions of Article 12, except as regulated herein;
2. 
The regulations affecting accessory buildings, structures and uses in Article 13;
3. 
The sign provisions of Article 16; and
4. 
The landscaping and site improvement requirements set forth in Article 10 subject to the approval of the Planning Board during the site plan approval process.
LUL RP-AHO Concept Plan 22_pg 1 top.tif
LUL RP-AHO Bldgs 1 2 and 3_pg 1 bottom.tif
LUL RP-AHO Bldg 1 Front Rear Elevation_pg 2 top.tif
Building #1
LUL RP-AHO Bldg 1 Typical Side Elevation_pg 2 botton.tif
Building #1
LUL RP-AHO Front_Rear Elevation_pg 3 top.tif
Building #2
LUL RP-AHO Typical Side Elevation_pg 3 bottom.tif
Building #2
LUL RP-AHO Front Elevation_pg 4.tif
Building #3
LUL RP-AHO Right-Side Elevation_pg 5 top.tif
Building #3
LUL RP-AHO Left Side Elevation_pg 5 bottom.tif
Building #3
LUL RP-AHO Ross Place Elevation_pg 6.tif
Building #3