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