The short form by which this Ordinance may be known shall be "The Zoning Chapter of the Land Development Ordinance of the Borough of Flemington".
It is the intent and purpose of this Ordinance to exercise the authority delegated to municipalities under the Municipal Land Use Law (P.L. 1975, c. 291; codified as N.J.S.A. 40:55D-1 et seq.) to regulate development.
This Ordinance is intended to implement the policies of the Master Plan in its provisions:
A.
To guide the appropriate use or development of all lands in a manner that will promote the public health, safety, morals and general welfare;
B.
To secure safety from fire, flood, panic and other natural and manmade disasters;
C.
To provide adequate light, air and open space;
D.
To ensure that the development of the Borough of Flemington does not conflict with the development and general welfare of neighboring municipalities, the County and State as a whole;
E.
To promote the establishment of appropriate population densities and concentrations that will contribute to the well-being of persons, neighborhoods, communities and regions and preservation of the environment;
F.
To encourage the appropriate and efficient expenditure of public funds by the coordination of public development with land use policies;
G.
To provide sufficient space in appropriate locations for a variety of agricultural, residential, recreational, commercial and industrial uses and open space, both public and private, according to their respective environmental requirements in order to meet the needs of all New Jersey citizens;
H.
To encourage the location and design of transportation routes which will promote the free flow of traffic while discouraging location of such facilities and routes which will result in congestion or blight;
I.
To provide a desirable visual environment through creative development techniques and good civic design and arrangements;
J.
To promote the conservation of historic sites and districts, open space, energy resources and valuable natural resources and to prevent urban sprawl and degradation of the environment through improper use of land;
K.
To encourage senior citizen community housing construction;
L.
To encourage the coordination of various public and private procedures and activities shaping land development with a view of lessening the cost of such development and to the more efficient use of land;
M.
To promote utilization of renewable energy sources;
N.
To promote the maximum practical recovery and recycling of recyclable materials from municipal solid waste through the use of planning practices designed to incorporate the State Recycling Plan goals and to compliment municipal recycling programs;
O.
To encourage a mixture of land uses that facilitates non-vehicular and pedestrian access;
Q.
To encourage the redevelopment and revitalization of existing underutilized or abandoned lands and buildings;
R.
To promote the redevelopment and revitalization of the commercial center of Flemington through coordinated parking, streetscape improvements, signage, and lighting in keeping with the historic character of this district;
S.
To preserve and enhance historic buildings, places and landscapes, encourage the maintenance of traditional architectural forms in buildings, and retain streetscape characteristics.
T.
To establish design standards to encourage the construction of new buildings to complement the style and scale of existing buildings;
U.
To promote the preservation of natural features during land development;
V.
To promote the visual improvement of the Borough's major arterials by the coordination of visual design and character of signage, planting additional street trees, and requiring on-site landscaping improvements during the redevelopment review process.
W.
To encourage the coordination of development through the connection of commercial properties by easement and physical improvement.
X.
To decrease the visibility and extent of parking lots and access driveways by:
1.
Requiring the installation of landscaped traffic islands in parking lots;
2.
Screening parking lots from the traveling public and adjacent residents by a combination of landscaping, berming, walls and fencing; and
3.
Reducing the required number of parking spaces in pedestrian-oriented development and redevelopment.
[Added 7-12-2021 by Ord. No. 2021-14]
Means an organization issued a permit pursuant to the "Jake Honig Compassionate Use Medical Cannabis Act," P.L.2009, c.307 (C.24:6I-1 et al) to operate as a medical cannabis cultivator, medical cannabis manufacturer, medical cannabis dispensary, or clinical registrant, as well as any alternative treatment center deemed pursuant to section 7 of that act (C.24:6I-7) to concurrently hold a medical cannabis cultivator permit, a medical cannabis manufacturer permit, and a medical cannabis dispensary permit.
Means a designated location operated by a licensed cannabis retailer or permit holder for dispensing medical cannabis, for which both a State and local endorsement has been obtained, that is either: (1) an indoor, structurally enclosed area of the cannabis retailer or permit holder that is separate from the area in which retail sales of cannabis items or the dispensing of medical cannabis occurs; or (2) an exterior structure on the same premises as the cannabis retailer or permit holder, either separate from or connected to the cannabis retailer or permit holder, at which cannabis items or medical cannabis obtained from the retailer or permit holder may be consumed. This definition shall be consistent with the Recreational Marijuana Act and all amendments thereto.
Means any licensed person or entity that grows, cultivates, or produces cannabis in this State, and sells, and may transport, this cannabis to other cannabis cultivators, or usable cannabis to cannabis manufacturers, cannabis wholesalers, or cannabis retailers, but not to consumers. This person or entity shall hold a Class 1 Cannabis Cultivator license. This definition shall be consistent with the Recreational Marijuana Act and all amendments thereto.
Means a cannabis cultivator, cannabis manufacturer, cannabis wholesaler, or cannabis retailer. This definition shall be consistent with the Recreational Marijuana Act and all amendments thereto.
Means any licensed person or entity that purchases or otherwise obtains usable cannabis from cannabis growers and cannabis items from cannabis manufacturers or cannabis wholesalers, and sells these to consumers from a retail store. Cannabis retailers shall hold a Class 5 Cannabis Retailer License pursuant to the Recreational Cannabis Act. This definition shall be consistent with the Recreational Marijuana Act and all amendments thereto.
Means the New Jersey Jake Honig Compassionate Use Medical Cannabis Act, P.L. 2009, c. 307 (approved January 18, 2010), amended by P.L. 2019, c. 153 (approved July 2, 2019), codified at N.J.S.A. 24:6I-1 et seq.
Means an organization holding a permit issued by the commission that authorizes the organization to: possess and cultivate cannabis and deliver, transfer, transport, distribute, supply, and sell medical cannabis and related supplies to other medical cannabis cultivators and to medical cannabis manufacturers, clinical registrants, and medical cannabis dispensaries, as well as to plant, cultivate, grow, and harvest medical cannabis for research purposes. A medical cannabis cultivator permit shall not authorize the permit holder to manufacture, produce, or otherwise create medical cannabis products, or to deliver, transfer, transport, distribute, supply, sell, or dispense medical cannabis, medical cannabis products, paraphernalia, or related supplies to qualifying patients, designated caregivers, or institutional caregivers.
Means an organization issued a permit by the commission that authorizes the organization to: purchase or obtain medical cannabis and related supplies from medical cannabis cultivators; purchase or obtain medical cannabis products and related supplies from medical cannabis manufacturers; purchase or obtain medical cannabis, medical cannabis products, and related supplies and paraphernalia from other medical cannabis dispensaries and from clinical registrants; deliver, transfer, transport, distribute, supply, and sell medical cannabis and medical cannabis products to other medical cannabis dispensaries; furnish medical cannabis, including medical cannabis products, to a medical cannabis handler for delivery to a registered qualifying patient, designated caregiver, or institutional caregiver consistent with the requirements of subsection i. of section 27 of P.L.2019, c.153 (C.24:6I-20); and possess, display, deliver, transfer, transport, distribute, supply, sell, and dispense medical cannabis, medical cannabis products, paraphernalia, and related supplies to qualifying patients, designated caregivers, and institutional caregivers. A medical cannabis dispensary permit shall not authorize the permit holder to cultivate medical cannabis, to produce, manufacture, or otherwise create medical cannabis products.
Means the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (P.L. 2021, c. 16).
The provisions of this Ordinance shall be held to be the minimum requirements for the protection of the public health, safety, and welfare. Where this Ordinance imposes a greater restriction than is imposed and required by other provisions of the Borough of Flemington, County, State, or Federal government, the provisions of this Ordinance shall control. Where such other laws, ordinances, rules, regulations, or resolutions require greater restrictions than are imposed by this Ordinance, the provisions of such other laws, ordinances, rules, regulations, or resolutions shall control.
All principal, accessory and conditional uses not expressly permitted in this Ordinance are hereby prohibited.
All applicable requirements shall be met at the time of erection, enlargement, alteration, moving or change in any use or structure and shall apply to the entire structure or structures whether or not the entire structure or structures were involved in the erection, enlargement, alteration, moving or change in use.
The time period for the effect of approval shall begin with the date of the adoption of the resolution memorializing such approval of the subject application by the Board of Jurisdiction.
A.
Required Conformance. No structure shall be erected and no existing building shall be moved, altered, enlarged, or rebuilt, nor shall any land be designed, used or intended to be used for any purpose other than as permitted within the zoning districts so described by this Ordinance, nor shall any open space or yard area be encroached upon or reduced in any manner except in strict conformity with the regulations contained herein.
B.
Unlawful Encroachment. In the event of any unlawful encroachment or reduction of open space or yard area, the building or structure, as the case maybe, shall be deemed in violation of the provisions of this Ordinance and the Certificate of Occupancy for such building or structure shall be null and void.
C.
Exception for Certain Utilities and Other Infrastructure. The provisions for review by a board of competent jurisdiction shall not apply to utility distribution or collection lines for water, sewerage, storm water, natural gas, and electric, nor telephone, cable television or other telecommunications lines supplied by a public or local utility, or cable television company which are located in or on a public street providing service to private property.
D.
Frontage on Public Street. Every principal use shall be located on a lot with frontage upon an existing improved public street or new street which has been built in accordance with the applicable Borough standards or for which such improvement has been insured by the posting of a performance guaranty in accordance with this Ordinance.
E.
Dedication of Right-of-Way. No subdivision or site plan involving any street(s) requiring additional right-of-way width as specified in the Master Plan or Official Map and the street requirements of this Ordinance shall be approved unless such additional right-of-way, either along one or both sides of said street(s), as applicable, shall be deeded to the municipality or other appropriate governmental agency.
F.
Yards. No open space provided around any principal building for the purposes of complying with the front, side, or rear yard requirements of this Ordinance shall be considered as providing for the required yard areas of another principal building.
A.
Permitted Modifications for Residential Infill Development. New principal dwellings in the Transition Residential district and the Single Family district on infill lots may encroach within the yard areas as otherwise required in this Ordinance under the following criteria:
1.
Front Yard. The front yard depth may be reduced to the average of the setbacks from the streetline of existing dwellings on both sides of the proposed residence. In the event an adjacent lot is vacant, the average shall be calculated using the required setback for the vacant lot.
2.
Side Yard. The side yard may be reduced to the depth of the side yard of the adjacent lot but in no instance shall the distance between dwellings be reduced to less than 10 feet.
B.
Height Limits. Except for one-and two-family dwellings as permitted in this Ordinance, penthouses or roof structures for the housing of stairways, tanks, ventilating fans, air-conditioning equipment or similar equipment required to operate and maintain the building, skylights, spires, cupolas, flagpoles, chimneys or similar structures may be erected above the height limits prescribed by this Ordinance but in no case shall such extension exceed 20 percent of the maximum height permitted in the district.
C.
Child Care Centers and Family Day Care Homes.
1.
Child Care Centers. Child care centers shall be permitted in any nonresidential district. Any child care center shall be duly licensed pursuant to N.J.S.A. 30:5B-1 et seq. A child care center functionally integrated within a nonresidential development owned or operated for the benefit of their employees, their tenant's employees, or employees within an office or business park or research and development complex shall not be required to provide additional off-street parking for the use. In the calculation of any floor area ratio applicable to an office or business park or research and development complex, the area occupied by a child care center shall not be included.
2.
Family daycare homes as defined in N.J.S.A. 40:55D-66.5a. and b. are principal permitted uses in all residential zone districts.
D.
Emergency Housing. Trailers for emergency housing for households displaced by fire, storm, flooding, or other natural disaster may be located on individual lots in zoning districts where single-family detached and two-family residential uses are permitted for the period of reconstruction. The installation of such trailers shall conform to the following requirements:
1.
No trailer shall be installed at a site prior to the issuance of all required Uniform Construction Code permits.
2.
The trailer shall be placed on the lot where the residence made uninhabitable by such disaster is located.
3.
No more than one unit of emergency housing shall be permitted per lot.
4.
All such trailers shall be removed from the reconstruction site upon the issuance of a Temporary Certificate of Occupancy prior to permitting the occupancy of the permanent residence.
5.
No such trailer shall be placed in the front yard setback required for the respective zoning district.
6.
Such temporary housing shall not exceed 900 square feet in floor area.
E.
Groundwater Remediation. Temporary structures and equipment required for the remediation of groundwater contamination pursuant to N.J.S.A. 58:10A-1 et seq. shall be permitted in any district provided that:
1.
Existing on-site buildings shall be used to the extent feasible to house equipment and offices;
2.
Structures and equipment shall be set back from any property line a minimum of 25 feet, and shall emit no noise when measured at the property line.
3.
Equipment shall be enclosed by opaque fencing.
4.
All temporary structures and equipment shall be removed within 90 days following completion of the remedial action.
5.
Disturbed areas shall be graded and seeded with an appropriate ground cover in accordance with the soil erosion control regulations of the municipality or county.
6.
Groundwater remediation action shall be exempt from site plan review as otherwise required in this Ordinance.
F.
Public and Local Utilities and Cable Television Facilities. Distribution facilities for public and local utilities and cable television companies shall be permitted in any district, but shall not include communication towers or antennas, utility yards for the storage of vehicles, equipment and supplies, nor for maintaining and extending distribution networks, power generation, or facilities requiring a New Jersey Pollution Discharge Elimination System permit (NJPDES), provided that:
1.
The proposed installation in a specific location must be reasonably necessary for the satisfactory provision of service by the utility to the neighborhood or area in which the particular use is to be located.
2.
The design of any building in connection with such facilities must conform to the general character of the area and not adversely affect the safe, comfortable enjoyment of property rights in the zone in which it is located.
3.
Adequate fences and other safety devices must be provided as may be required. Fences, when used to enclose public utility facilities such as electrical power substations, shall be built in accordance with the applicable requirements of the New Jersey Board of Public Utility Commissioners and the National Electrical Code in effect at the time of construction.
4.
Landscaping, including shrubs, trees and lawns, shall be provided.
5.
Off-street parking shall be provided as determined by the approving authority during site plan review.
6.
All of the other area, yard, height and building coverage requirements of the respective zone and any other applicable requirements of this Ordinance shall be met.
G.
Sales Offices. Temporary sales offices for the marketing of residential development shall be permitted only upon the lot or tract to which such sales relate. Temporary sales offices shall conform to the following requirements:
1.
No such office shall be installed prior to the filing of stamped final subdivision plats or issuance of signed and sealed site plans, as the case may be.
2.
Sales offices shall provide for no less 5 and no more than 10 temporary off-street parking spaces located in a safe and convenient manner. Off-street parking shall be provided as determined by the Approving authority during site plan review.
3.
No sales office shall be located within 25 feet of a lot line or streetline. Such offices shall be temporarily landscaped along the foundation of the structure.
H.
Temporary Construction Trailers. Temporary construction trailers at work sites shall be permitted in all zoning districts for office use and the storage of equipment and supplies during active construction activities. The installation of such trailers shall conform to the following requirements:
1.
No trailer shall be installed at a work site prior to the issuance of a construction permit.
2.
All such trailers shall be removed from the work site upon the issuance of a temporary or permanent certificate of occupancy to which the use of the trailer relates.
3.
No trailer shall remain at a work site where active construction activity has ceased for a period of more than 30 days, except where inclement weather prohibits the immediate renewal.
4.
No trailer shall be located within 25 feet of a lot line or streetline. Such trailers shall be temporarily screened from public view by a combination of opaque fencing and/or landscaping.
5.
No more than 3 temporary construction trailers shall be permitted per work site, and shall be removed prior to the issuance of the last certificate of occupancy.
I.
Temporary Uses. Application may be made to the Borough Council for a permit for a temporary use inconsistent with the provisions of this Article for special events lasting for a period not to exceed 2 weeks in any one year. Such events may include, but not be limited to, circuses, bazaars, fairs, and athletic contests. In the granting or denial of such temporary use permit the Borough Council may consider the following:
1.
The adequacy of provisions for public safety, including, but not limited to, fire prevention, crowd control, and emergency medical services.
2.
The adequacy of provisions for vehicular and pedestrian traffic control, including ingress and egress, parking, attendants and temporary traffic signage.
3.
The adequacy of provisions for food handling, solid waste, and sanitary sewerage.
4.
The sufficiency of insurance for the event.
5.
Any other measures necessary to protect the public health, safety, and welfare.
The Borough Council may impose reasonable conditions on the issuance of any temporary use permit including, but not limited to, the posting of adequate surety and the reimbursement of expenses incurred by the municipality.
A.
Continuance. Any nonconforming use or structure lawfully existing at the time of passage of the ordinance which made such use or structure nonconforming may be continued upon the lot or in the structure so occupied and any such structure may be restored or repaired in the event of partial destruction (up to but not exceeding 50 percent of value) thereof.
B.
Nonconforming Use Certificate. A prospective purchaser, prospective mortgagee, or any other person interested in any land upon which a nonconforming use or structure exists may apply in writing for the issuance of a certificate certifying that the use or structure was in existence before the adoption of the ordinance which rendered the use or structure nonconforming and that said use or structure may continue as a lawful preexisting use pursuant to N.J.S.A. 40:55D-68. The applicant shall have the burden of proof.
C.
Application Procedure. Applications pursuant hereto shall be made to the Zoning Officer within 1 year of the adoption of the ordinance which rendered such use or structure nonconforming, or at any such time to the Planning Board. Notice shall be given in accordance with § 1410. A fee in accordance with Chapter 28 shall be required for the Certificate of Non-Conforming Use. The Board Secretary shall publish notice of the Zoning Officer's decision of either approval or denial of the certification in the Planning Board's official newspaper within 10 days of the issuance of such certification or denial of same. Any interested party affected by any decision of the Zoning Officer may appeal such decision to the Planning Board in accordance with N.J.S.A. 40:55D-72 within 20 days of the publication of the notice of decision.
D.
Maintenance. Maintenance may be made to a nonconforming use, structure, or lot provided the maintenance work does not change the use, expand the building or the functional use of the building, or increase the area of a lot used for a nonconforming purpose.
E.
Building Additions. Any existing structure with a permitted use located on either a conforming or nonconforming lot, but which building is situated on the lot so as to violate one or more yard requirements, may have additions to the principal building and/or construct an accessory building without an appeal for a variance, provided:
1.
The existing use(s) on the lot are conforming to the permitted use(s) stipulated in this Ordinance for the lot in question; and
2.
The total permitted building coverage is not exceeded; and
3.
The accessory building and/or addition do not violate any other requirements of this Ordinance including, but not limited to, height, setback, and parking; and
4.
There is no increase in the existing nonconformity.
5.
This section shall not apply to infill development.
6.
The addition of eave overhangs, cellar doors and similar features is permitted, if they do not more than extend 4 feet beyond the building setback.
F.
Subdivision of Lots. An existing lot whose area and/or dimensions are sufficient to permit a subdivision, but where a structure exists on the lot with one or more setback violations, may nevertheless be subdivided without an appeal for a variance provided the subdivision itself does not create any new zoning violations and does not increase the severity of the existing setback violations.
G.
Merging of Substandard Lots. Whenever title to 2 or more contiguous lots is held by the same owner, regardless of whether or not each of the lots may have been approved as portions of a subdivision or acquired by separate conveyance or by other operation of law, and one or more individual lots should, by reason of substandard area or yard space or similar measurements, not conform with the minimum lot area and dimension requirements for the zone in which it is located, the contiguous lots shall be merged into a single lot.
The following regulations shall apply to all accessory buildings:
A.
Accessory Buildings as Part of Principal Buildings. Any accessory building attached to a principal building shall be considered part of the principal building and the total structure shall adhere to the yard requirements for the principal building regardless of the technique of connecting the principal and accessory buildings.
B.
Accessory Buildings Not to Be Constructed Prior to Principal Building. No permit shall be issued for the construction of an accessory building prior to the issuance of a construction permit for the construction of the main building upon the same premises. If construction of the main building does not precede or coincide with the construction of the accessory building, the Construction Official shall revoke the construction permit for the accessory building until construction of the main building has proceeded substantially toward completion.
C.
Location and Setback of Accessory Buildings. An accessory building or structure may be erected in side and rear yard areas only excepting certain limited uses otherwise permitted in this Ordinance and shall be set back from property lines as required herein. In the event that no accessory building or structure setback is established in the particular district, the setback requirements for principal buildings shall apply.
[Added 7-12-2021 by Ord. No. 2021-14]
A.
The number of Cannabis Establishments located within the Borough shall be limited as follows:
[Amended 3-13-2023 by Ord. No. 2023-02]
B.
Cannabis Manufacturers and Cannabis Wholesalers shall not be permitted.
C.
This section shall in no way shall be construed to prohibit home growing of cannabis products in the event such is permitted by the New Jersey Legislature in the future.
D.
In the event more than one land use application for a Cannabis Establishment of the same classification are submitted to the Borough in close proximity to one another, and if the applications comply with all the requirements of this chapter and the Recreational Marijuana Act, the Borough is not permitted to approve all of the applications because of the limitations set forth in this subsection. The Borough shall first review for approval the application that was first submitted and determined to be a complete and compliant application by the appropriate Borough Official.
[Amended Ord. No. 2009-15; Ord. No. 2017-10; 7-13-2020 by Ord. No. 2020-2]
For the purposes of this Ordinance, the Borough of Flemington is hereby divided into the following districts:
| Zoning District | Zoning Symbol |
|---|---|
| Single Family Residential | SF |
| Transition Residential | TR |
| Townhouse Residential | TH |
| Garden Apartment Residential | GA |
| Senior Citizen Residential | SC |
| Transition Commercial | TC |
| Community Business | CB |
| Downtown Business | DB |
| Downtown II Business | DBII |
| Professional Office | PO |
| Village Artisan Shopping [Ord. No. 2012-15] | VAS |
| Highway Retail | HR |
| Super Shopping Overlay | O/SS |
| Public School and Parks | PS/P |
| Mixed-Use Multifamily Overlay | O/MUMF |
[Ord. No. 2013-11; Ord. No. 2017-10]
The Zoning Map entitled "Zoning, Flemington Borough, Hunterdon County, NJ," dated June 2013, is hereby adopted and made a part of this Ordinance.
A.
Amendments
1.
Ordinance No. 2017-10. The Zoning Map is amended to remove the Inclusionary Housing Overlay District.[1]
[Ord. No. 2017-10]
[1]
Editor's Note: The Zoning Map and the Historic District Map are included as attachments to this chapter.
2.
Ordinance No. 2020-2. The Zoning Map is amended to include the Mixed-Use Multifamily Overlay Zone and apply such to the properties identified as Block 45, Lots 2, 3, 4, 5, 6, 9,11, 12, 13, 15, and 16.
[Added 7-13-2020 by Ord. No. 2020-2]
3.
Ordinance No. 2020-12. The Zoning Map is amended pursuant to the Global Agway Redevelopment Plan amendment, pertaining to Block 5, Lots 1 and 2.
[Added 8-24-2020 by Ord. No. 2020-12]
4.
Ordinance No. 2020-16. The Zoning Map is amended pursuant to the 2017 Union Hotel Redevelopment Plan amendment, pertaining to Block 22, Lots 4, 5, 6, 7, 8, 9, 10, 12, 13 and 14; Block 23, Lots 1 and 7; and Block 24, Lots 1, 2, 3, and 5.
[Added 10-13-2020 by Ord. No. 2020-16; amended 10-12-2021 by Ord. No. 2021-23]
5.
Ordinance No. 2021-28. The Zoning Map is amended pursuant to the Liberty Village Redevelopment Plan pertaining to Block 35, Lots 22, 23, 24, 25, 31, 53, 54, 69, 70 and 71.
[Added 12-13-2021 by Ord. No. 2021-28]
6.
Ordinance No. 2022-18. The Zoning Map is amended to remove Block 14, Lots 11, 12, the eastern portion of 13 (220 feet from Main Street), 14, 15, 16, 17, 17.01 and 20, and Block 18, Lots 1, 2, 3 and 4, from the Professional Office (PO) Zoning District and rezone them into the Downtown Business (DB) Zoning District.
[Added 10-11-2022 by Ord. No. 2022-18]
7.
Ordinance No. 2022-30. The Zoning Map is amended pursuant to the Global Agway Redevelopment Plan amendment, pertaining to Block 14, Lot 1.
[Added 12-12-2022 by Ord. No. 2022-30]
8.
Ordinance No. 2023-23. The Zoning Map is amended to remove Block 45 Lots 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28 from the Community Business (CB) Zoning District and rezone them into the Transition Commercial (TC) Zoning District.
[Added 9-11-2023 by Ord. No. 2023-23]
9.
Ordinance No. 2023-23. The Zoning Map is amended to remove Block 45 Lots 3, 4, 5, 6, 9, 11, 12, 13, 100 from the Highway Retail (HR) Zoning District and rezone them, into the Transition Commercial (TC) Zoning District.
[Added 9-11-2023 by Ord. No. 2023-23]
10.
Ordinance No. 2023-23. The Zoning Map is amended to remove Block 45 Lot 1 from the Village Artisan Shopping (VAS) Zoning District and rezone them into the Transition Commercial (TC) Zoning District.
[Added 9-11-2023 by Ord. No. 2023-23]
11.
Ordinance No. 2023-23. The Zoning Map is amended to remove Block 47 Lots 6 and 8 from the Community Business (CB) Zoning District and rezone them into the Highway Retail (HR) Zoning District.
[Added 9-11-2023 by Ord. No. 2023-23]
12.
Ordinance No. 2023-23. The Zoning Map is amended to remove Block 45 Lots 2, 3, 4, 5, 6, 9, 11, 12, 23, 15, and 16 from the Mixed-Use Multi-Family Overlay (MUMF) Overlay Zone and eliminate the MUMF Overlay Zone in its entirety.
[Added 9-11-2023 by Ord. No. 2023-23]
13.
Ordinance No. 2024-01. The Zoning Map is amended pursuant to the Liberty Village Phase 1 Redevelopment Plan, pertaining to Block 35, Lots 31, 53, 54, 69, 70 and 71 and a portion of Lot 22.
[Added 5-13-2024 by Ord. No. 2024-01]
A.
Interpretation of Boundaries and Property Lines. Zoning district boundary lines are intended to follow street centerlines, railroad rights-of-way, streams and lot or property lines as they exist on lots of record at the time of enactment of this Ordinance unless otherwise indicated by dimensions on the Zoning Map. Any dimensions shown shall be in feet and measured horizontally and, when measured from a street, shall be measured from the street right-of-way line even if the centerline of that street is used for the location of a zoning district line. The exact location of any disputed zoning district boundary line shall be determined by the Planning Board pursuant to N.J.S.A. 40:55D-70b.
B.
Construction. Where boundaries are not fixed by dimensions and where they approximately follow lot lines and where they do not scale more than 20 feet distant therefrom, the street centerlines, railroad rights-of-way, streams and lot lines shall be construed to be such boundaries.
C.
Use of Scale. Where a zoning district boundary divides a lot, the location of the boundary, unless indicated by dimensions on the Zoning Map, shall be determined by use of the stated scale on the Map.
D.
Applicability Within Each District. The zoning standards, controls and designations apply to every structure, lot and use within each district and the district line extends vertically in both directions, i.e. above and below grade.
[Ord. No. 2012-01]
A.
Purpose. The purpose of the Single Family Residential (SF) District is to provide locations for detached dwellings occupied by one household generally located in the outer ring of development in the Borough. It is the lowest density residential district in the Borough. In addition to single family uses, governmental and institutional uses are permitted.
B.
Permitted Principal Uses. In the Single Family Residential Zone, no lot shall be used and no structure shall be erected, altered or occupied for any purpose except the following:
1.
Single family detached dwelling.
2.
Place of Worship.
3.
ECHO Housing.
a.
The ECHO Housing unit shall be located to the rear of the principal residence, but shall not be located in the side or rear setbacks. The Zoning Officer may require a landscaped buffer of evergreen trees and shrubs to minimize visual impact on neighboring properties.
b.
The ECHO unit shall be separated from the principal dwelling by a minimum of 5 feet.
d.
No ECHO housing unit shall exceed 900 square feet in area.
e.
The exterior of ECHO housing units shall be covered with a material and color that is complementary with the facade of the primary residence on the property.
f.
The unit shall be removed from the premises within 6 months of the end of the term of occupancy of the approved applicant and the lot restored to its status prior to the installation of the unit. The Zoning Officer may extend the time period for removal up to an additional 3 months upon adequate documentation of marketing efforts to sell the unit during the initial 6 month period.
4.
Cemetery.
5.
Municipal use, including parks and recreation.
6.
Community gardening.
C.
Accessory Uses Permitted. Any of the following uses may be permitted when used in conjunction with a permitted principal use:
D.
Conditional Uses Permitted. The following uses may be permitted when authorized as a conditional use by the Planning Board:
1.
Accessory apartment meeting the following criteria:
a.
No more than one accessory apartment per lot shall be permitted.
b.
The accessory apartment shall be used only for one family.
c.
The owner of the lot must reside in the primary dwelling.
d.
The accessory apartment shall be created within the existing square footage of the primary dwelling and any required access and egress shall be created within the existing structure.
e.
Any exterior entrance to the accessory apartment shall not be located on the same facade of the building as the primary dwelling.
f.
The accessory apartment must contain at least 500 square feet in gross floor area, but must not constitute more than 35 percent of the gross floor area of the principal building.
g.
At least one additional off-street parking space shall be provided for the use of the accessory apartment occupants.
h.
The accessory apartment structure and lot shall be in full compliance with all applicable health and construction codes.
i.
The owner of the accessory apartment must submit an affidavit of continuing use every 2 years.
j.
Flemington Borough acknowledges the need to provide its fair share of housing for low and moderate income households. Any property owner applying for an accessory apartment under this section must affirmatively demonstrate that the accessory apartment is to be rented to and occupied by a household meeting the affordable housing criteria of the NJ Council on Affordable Housing (COAH) and the Affordable Housing Procedural Requirements of Section 2632.
k.
Accessory apartments shall be affirmatively marketed to the housing region and shall be administered by an experienced administrative entity as further described in Section 2633.
l.
Recognizing that Flemington Borough is meeting its unmet need with accessory apartments for low and moderate income households, the Borough has not been required to bond to fund the creation of accessory apartments. However, in the event that development fee revenue is available, the Borough will provide at least $10,000.00 to subsidize the physical creation of an accessory apartment conforming to the requirements of this section.
m.
The maximum number of accessory apartments permitted under this section shall be the number that the municipality is permitted to apply toward its unmet fair share obligation of low and moderate income housing in accordance with the applicable regulations of COAH that exist at the time of application.
n.
The accessory apartment shall be rented only to a household which is either a low or moderate income household at the time of initial occupancy of the unit.
o.
Ten (10) year affordability controls shall be imposed via a deed restriction or other instrument acceptable to the Borough Attorney and COAH.
p.
Rents of accessory apartments shall be affordable to low or moderate income households as per COAH regulations and shall include a utility allowance.
2.
Public and private nonprofit day school meeting the following criteria:
a.
The minimum lot size shall be 3 acres.
b.
The minimum lot frontage shall be 150 feet.
c.
No building shall be located within 50 feet of a lot line.
d.
Parking lots shall be properly screened and shall be a minimum of 25 feet from surrounding properties and public roads.
e.
Outdoor athletic fields shall be oriented to minimize adverse impacts on neighboring residential uses from noise, lighting, and vehicular and pedestrian access.
3.
Any other requirement not herein modified shall apply to any conditional use.
E.
Area, Yard, Height and Building Coverage. Except as otherwise modified, the following bulk standards shall apply to all SF Districts.
| Principal Use and Accessory Buildings | Min. Lot Area | Min Lot Width | Min. Lot Depth | Min. Front Yard | Min. Side Yard | Min. Rear Yard | Max. Height | Max. Imperv. Surface Ratio | Max Building Coverage |
|---|---|---|---|---|---|---|---|---|---|
| Single Family Detached | 11,250 sf | 75' | 150' | 25' | 10' | 35' | 35'(1) | .50 | .25 |
| Accessory Building(2,6) | NP | 5' | 5' | 18' | |||||
| Place of Worship | 43,560 sf | 100' | 200' | 25' | 25' | 35' | 80'(3) | .50 | .25 |
| Accessory Building(2,6) | NP | 15' | 15' | 28' | |||||
| Cemetery(4) | 5 acres | 200' | 400' | 50'' | 10' | 10' | N/A | .25 | .10 |
| Accessory Building (2,5,6) | 35 | 15' | 15' | 25' | |||||
| Municipal | 2,000 sf | 45' | 50' | 25' | 10' | 10' | 45' | .75 | .50 |
| Public and Private School | 3 acres | 150' | 350' | 50' | 25' | 50' | 45' | .75 | .50 |
| Accessory Building (2,6) | NP | 15' | 30' | 25' |
| NP = Not Permitted. |
| N/A = Not Applicable. |
| (1) – Or 2 1/2 stories, whichever is less. |
| (2) – No more than 2 accessory structures or buildings for lots <15,000 sf; no more than 3 accessory structures or buildings for lots >15,000 sf. |
| (3) – The ridgeline of the main roof shall not exceed 45 feet in height. |
| (4) – Setbacks apply to graves and monuments or other markers. |
| (5) – Applies to any accessory structure or building in a cemetery excluding uses in Note No. (3). |
| (6) – Properties must also meet standards for particular accessory buildings, structures, and uses, including but not limited to solar facilities and residential sheds, in Chapter 16. [Ord. No. 2012-01] |
[Ord. No. 2012-01]
A.
Purpose. The purpose of the Transition Residential (TR) District is to provide for a medium density residential district of single family detached and two-family dwellings located between primarily commercial districts and single family zones. Certain governmental and institutional uses would also be permitted.
B.
Permitted Principal Uses. In the Transition Residential Zone, no lot shall be used and no structure shall be erected, altered or occupied for any purpose except the following:
1.
Single family detached dwelling.
2.
Two-family dwelling.
3.
Place of Worship.
4.
ECHO Housing.
a.
The ECHO Housing unit shall be located behind the rear of the principal residence, but shall not be located in the side or rear setbacks. The Zoning Officer may require a landscaped buffer of evergreen trees and shrubs to minimize visual impact on neighboring properties.
b.
The ECHO unit shall be separated from the principal dwelling a minimum of 5 feet.
d.
No ECHO housing unit shall exceed 900 square feet in area.
e.
The exterior of ECHO housing units shall be covered with a material and color that compliments the facade of the primary residence on the property.
f.
The unit shall be removed from the premises within 6 months of the end of the term of occupancy of the approved applicant and the lot restored to its status prior to the installation of the unit. The Zoning Officer may extend the time period for removal up to an additional 3 months upon adequate documentation of marketing efforts to see the unit during the initial 6 month period.
5.
Municipal use, including parks and recreation.
6.
Community gardening.
C.
Accessory Uses Permitted. Any of the following uses may be permitted when used in conjunction with a permitted principal use:
D.
Conditional Uses Permitted. The following uses may be permitted when authorized as a conditional use by the Planning Board:
1.
Conversion of single family detached dwelling to a two-family dwelling meeting the following criteria:
a.
The existing dwelling may be expanded and shall meet the minimum gross floor area requirements for the conversion.
b.
Each dwelling unit shall have individual kitchen and bathroom facilities.
c.
Each dwelling unit created by such conversion shall have a minimum gross floor area of 600 square feet plus 120 square feet per bedroom.
d.
No dwelling unit or portion thereof created by conversion shall be permitted below grade.
e.
No conversion shall be permitted under the provisions of this section which would result in the creation of more than 2 dwelling units in a structure or on a lot.
2.
Bed and breakfast accommodation conforming to the following criteria:
a.
No more than 6 guest rooms or suites shall be permitted.
b.
No expansion of the existing dwelling shall be permitted.
c.
Off-street parking space equal to one for each guest room or suite shall be required. Off-street parking may be accommodated off-site provided that the location is within 600 feet of the subject site and an adequate guaranty subject to the approval of the Approving Authority's Attorney that establishes a right to the use of the off-tract parking is secured.
d.
No parking shall be permitted in the front yard.
e.
Only guests of the facility and their invitees shall be served food and drink on the premises.
f.
No cooking facilities shall be permitted in guest rooms or suites.
g.
There shall be a maximum residency limitation on all guests of 30 days.
3.
Public and private nonprofit day school meeting the following criteria:
a.
The minimum lot size shall be 3 acres.
b.
The minimum lot frontage shall be 150 feet.
c.
No building shall be located within 50 feet of a lot line.
d.
Parking lots shall be properly screened and shall be a minimum of 25 feet from surrounding properties and public roads.
e.
Outdoor athletic fields shall be oriented to minimize adverse impacts on neighboring residential uses from noise, lighting, and entrances.
4.
Any other requirement not herein modified shall apply to any conditional use.
E.
Area, Yard, Height and Building Coverage. Except as otherwise modified, the following bulk standards shall apply to all TR districts.
| Principal Use and Accessory Buildings | Min. Lot Area | Min. Lot Width | Min. Lot Depth | Min. Front Yard | Min. Side Yard | Min. Rear Yard | Max. Height | Max. Imperv. Surface Ratio |
|---|---|---|---|---|---|---|---|---|
| Single Family Detached | 9,000 sf | 50' | 125' | 25' | 8' | 25' | 35'(1) | .50 |
| Accessory Building(4) | NP | 5' | 5' | 18' | ||||
| Two Family Dwelling | 7,500 sf dwelling; 15,000 sf total | 75' | 125' | 25' | 8'(2) | 25' | 35'(1) | .50 |
| Accessory Building(4) | NP | 5' | 5' | 18' | ||||
| Place of Worship | 43,560 sf | 100' | 200' | 25' | 25' | 35' | 80'(3) | .60 |
| Accessory Building(4) | NP | 15' | 15' | 28' | ||||
| Governmental | 2,000 sf | 20' | 50' | 5' | 5' | 5' | 45' | .75 |
| Public and Private School | 3 acres | 150' | 350' | 50' | 25' | 50' | 45' | .75 |
| Accessory Building(4) | NP | 15' | 30' | 25' |
| NP = Not Permitted. |
| N/A = Not Applicable. |
| (1) – Or 2 1/2 stories, whichever is less. |
| (2) – Where two existing units, each on a separate lot, join each other by a common vertical wall from foundation to roof, the side yard between the existing 2 units shall be 0 feet. |
| (3) – The ridgeline of the main roof shall not exceed 45 feet in height. |
| (4) – Properties must also meet standards for particular accessory buildings, structures and uses, including but not limited to solar facilities and residential sheds, in Chapter 16. |
[Ord. No. 2012-01]
A.
Purpose. The purpose of the Townhouse (TH) Residential District is for townhouse dwellings at a density of 6 units per acre with common open space and amenities in a planned environment. Additionally, municipal and certain institutional uses are permitted.
C.
Accessory Uses Permitted. Any of the following uses may be permitted when used in conjunction with a permitted principal use:
D.
Conditional Uses Permitted. Public and private non-profit day schools may be permitted when authorized as a conditional use by the Planning Board meeting the following criteria:
1.
The minimum lot size shall be 3 acres.
2.
The minimum lot frontage shall be 150 feet.
3.
No building shall be located within 50 feet of a lot line.
4.
Parking lots shall be properly screened and shall be a minimum of 25 feet from surrounding properties and public roads.
5.
Outdoor athletic fields shall be oriented to minimize adverse impacts on neighboring residential uses from noise, lighting, and entrances.
6.
Any other requirement not herein modified shall apply to any conditional use.
E.
Area, Yard, Height and Building Coverage. Except as otherwise modified, the following bulk standards shall apply to all TH Districts:
| Principal Use and Accessory Buildings | Min. Lot Area | Min. Lot Width | Min. Lot Depth | Min. Front Yard | Min. Side Yard | Min. Rear Yard | Max Height | Max. Imperv. Surface Ratio |
|---|---|---|---|---|---|---|---|---|
| Townhouse: | ||||||||
| Tract | 2 1/2 acres | 200' | 200' | 60' | 30' | 50' | .70 | |
| Lot (Fee Simple) | 2,000 sf | 22' | 80' | 22' | 22 | 22' | 38'(1) | |
| Accessory Building(2) | NP | 30' | 30' | 18' | .10 | |||
| Municipal | 2,000 sf | 20' | 50' | 25' | 10' | 10' | 35' | .75 |
| Public and Private School | 3 acres | 150' | 350' | 50' | 25' | 50' | 45' | .70 |
| Accessory Building(2) | NP | 15' | 30' | 25' | .05 |
| NP = Not Permitted. |
| NA = Not Applicable. |
| (1) – Or 3 stories, whichever is less. |
| (2) – Properties must also meet standards for particular accessory buildings, structures and uses, including but not limited to solar facilities and residential sheds, in Chapter 16. |
| Principal Use | Minimum Front Yard Area | Minimum Rear Yard Area | Min. Unit Width | Max. Gross Density | Min. Open Space | Min. Distance Between Buildings | Min. Distance Between Buildings and Accessory Uses |
|---|---|---|---|---|---|---|---|
| Townhouse | 500 sf | 500 sf | 22' | 6 units per acre | 20% of Tract | 25' | 15' |
F.
Additional Regulations for Townhouse Development.
1.
The minimum number of dwellings in each structure shall be 4 and the maximum 12.
2.
The establishment of an organization for the ownership and maintenance of all common elements shall be required, the form and substance of which shall be approved by the Board of jurisdiction with the advice of the Board Attorney.
3.
Each dwelling unit shall have at least 2 exterior exposures with at least one window in each exposure.
4.
Exterior television reception shall be limited to one master antenna for the entire development.
5.
Air-conditioning units in windows or through exterior walls shall not extend more than 6 inches from the exterior surface.
6.
A swimming pool and/or recreation complex for the use of all residents shall be permitted in a suitable location a minimum of 25 feet from any dwelling. Such complexes shall be sited so as to minimize adverse effects from noise, lighting, and entrances.
7.
Fences, walls and landscaping shall be used to delineate yard areas for the private use of residents and screen mechanical equipment.
8.
A comprehensive pedestrian system linking common amenities to each townhouse structure shall be established with a minimum width of 8 feet.
[Ord. No. 2012-01]
A.
Purpose. The purpose of the Garden Apartment (GA) District is to provide for multi-family housing in a garden apartment configuration at a density not to exceed 24 units per acre. Municipal use, including public recreation, is also permitted.
C.
Accessory Uses Permitted. Any of the following uses may be permitted when used in conjunction with a permitted principal use:
D.
Area, Yard, Height and Building Coverage. Except as otherwise modified, the following bulk standards shall apply to all GA Districts:
| Principal Use and Accessory Buildings | Min.Lot Area | Min. Lot Width | Min. Lot Depth | Min. Front Yard | Min. Side Yard | Min. Rear Yard | Max. Height | Max.Imperv. Surface Ratio |
|---|---|---|---|---|---|---|---|---|
| Garden Apartment | 7 acres | 200' | 200' | 60' | 30' | 50' | 32'(1) | .60 |
| Tract Require- ments) | NP | 30' | 30' | 18' | ||||
| Accessory Building(2) | NP | 30' | 30' | 18' | ||||
| Municipal | 2,000 sf | 20' | 50' | 5' | 5' | 5' | 45' | .75 |
| NP = Not Permitted. |
| (1) – Or 2 stories, whichever is less. |
| (2) – Properties must also meet standards for particular accessory buildings, structures and uses, including but not limited to solar facilities and residential sheds, in Chapter 16. |
| Principal Use | Maximum Dwellings per Building | Maximum Floor Area per Floor | Max. Bldg. Length | Max. Gross Density | Min. Open Space | Min. Distance Between Buildings | Min. Distance Between Buildings and Accessory Uses |
|---|---|---|---|---|---|---|---|
| Garden Apartment Building | 16 | 10,000 | 200' | 24 units per acre | 40% of Tract | 25' | 15' |
E.
Additional Regulations for Garden Apartment Development.
1.
The establishment of an organization for the ownership and maintenance of all common elements shall be required where no rental units are proposed, the form and substance of which shall be approved by the Board with the advice of the Board Attorney.
2.
Each dwelling unit shall have at least one exterior exposure with at least one window.
3.
Exterior television reception shall be limited to one master antenna for the entire development.
4.
Air-conditioning units in windows or through exterior walls shall not extend more than 6 inches from the exterior surface.
5.
A swimming pool and/or recreation complex for the use of all residents shall be permitted in a suitable location a minimum of 25 feet from any dwelling. Such complexes shall be sited so as to minimize adverse effects from noise, lighting, and entrances.
6.
Fences, walls and landscaping shall be used to screen mechanical equipment.
7.
A comprehensive pedestrian system linking common amenities to each garden apartment building shall be established with a minimum width of 8 feet.
[Ord. No. 2012-01]
A.
Purpose. The purpose of the Senior Citizen Residential (SC) District is to provide a development zone in a limited area for the creation of age-restricted dwelling units to fulfill the needs of senior citizens by allowing them to remain in their community by reducing housing costs and maintenance responsibilities and to provide age-restricted housing affordable to senior citizen households of low and moderate income.
B.
Permitted Principal Uses. In the Senior Citizen Residential District, no lot shall be used and no structure shall be erected, altered or occupied for any purpose except for dwelling units age-restricted to persons 55 years or older in accordance with the U.S. Fair Housing Amendments Act of 1988 as it may be amended or superseded.
C.
Accessory Uses Permitted. Any of the following uses may be permitted when used in conjunction with a permitted principal use:
1.
Community Center for the common use of residents.
2.
Outdoor recreational facilities, including swimming pool, tennis court or other court sports.
3.
Off-street parking, private garages and car sheds.
4.
Fences, walls, gazebos, mail kiosks and other street furniture.
6.
Maintenance building, not to exceed 1,500 square feet in gross floor area.
7.
Solar facilities.
8.
Shelters and fenced enclosures for the keeping of animals.
[Ord. No. 2012-01]
9.
Community gardening.
[Ord. No. 2012-01]
D.
Area, Yard, Height and Building Coverage. Except as otherwise modified, the following bulk standards shall apply to all SC Districts:
| Principal Use and Accessory Buildings | Min. Lot Area | Min. Lot Width | Min. Lot Depth | Min. Front Yard | Min. Side Yard | Min. Rear Yard | Max. Height | Max. Imperv. Surface Ratio | Min. Open Space |
|---|---|---|---|---|---|---|---|---|---|
| Senior Apartment Building Tract Require- ments | 2 ac. | 200' | 200' | 35' | 30' | 50' | 32'(1) | .60 | 40% |
| Accessory Building(2) | NP | 30' | 30' | 18' |
| Principal Use and Accessory Buildings | Maximum Dwellings per Building | Maximum Floor Area per Floor | Maximum Building Length | Maximum Gross Density | Minimum Distance Between Buildings | Min. Distance Between Buildings and Accessory Uses |
|---|---|---|---|---|---|---|
| Senior Apartment Building | 24 | 10,000 sf | 200' | 10 units per acre | 25' | 15' |
| NP = Not Permitted. |
| (1) – Or 2 stories, whichever is less. |
| (2) – Properties must also meet standards for particular accessory buildings, structures and uses, including but not limited to solar facilities and residential sheds, in Chapter 16. |
E.
Additional Regulations.
1.
The establishment of an organization for the ownership and maintenance of all common elements shall be required where no rental units are proposed, the form and substance of which shall be approved by the Board with the advice of the Board Attorney.
2.
Each dwelling unit shall have at least one exterior exposure with at least one window.
3.
Exterior television reception shall be limited to one master antenna for the entire development.
4.
Air-conditioning units in windows or through exterior walls shall not extend more than 6 inches from the exterior surface.
5.
A swimming pool and/or recreation complex for the use of all residents shall be permitted in a suitable location a minimum of 25 feet from any dwelling. Such complexes shall be sited so as to minimize adverse effects from noise, lighting, and entrances.
6.
Fences, walls and landscaping shall be used to screen mechanical equipment.
7.
A comprehensive pedestrian system linking common amenities to each garden apartment building shall be established with a minimum width of 8 feet.
8.
A minimum of 20 percent of all residential units constructed pursuant to the Senior Citizen Residential District shall be affordable to households of low and moderate income pursuant to the applicable terms of the Ordinance.
[Ord. No. 2012-01; Ord. No. 2012-10; Ord. No. 2014-6; amended 2-26-2018 by Ord. No. 2018-1; 5-26-2020 by Ord. No. 2020-7; 7-12-2021 by Ord. No. 2021-14; 4-11-2022 by Ord. No. 2022-3; 3-13-2023 by Ord. No. 2023-04; 9-11-2023 by Ord. No. 2023-23]
A.
Purpose. The purpose of the Transition Commercial (TC) District is to provide areas for more intensive commercial uses which are not appropriate for, or which require larger lots than is typical for, the Borough's downtown commercial and mixed use districts. The Borough encourages lot consolidation in order to better host the more intense uses permitted in the District. Retail sales and service uses are desirable on larger tracts of land that offer different opportunities and character than that of the downtown, as well as to further incentivize lot consolidation.
B.
Permitted principal uses. In the Transition Commercial Zone, no lot shall be used and no structure shall be erected, altered or occupied for any purpose except as herein described. The following establishments or uses shall be permitted:
1.
Offices.
2.
Medical office.
3.
Childcare.
4.
Indoor and outdoor recreation.
5.
Theaters.
6.
Higher education and training.
7.
Community buildings.
8.
Club facilities.
9.
Animal hospital.
10.
Funeral homes.
11.
Research facilities.
12.
Health and fitness facilities.
13.
Residential uses existing as of the date of adoption of this ordinance which may be expanded or enlarged without the need for a use variance. Any such expansion/enlargement should, however, be compliant with any applicable bulk or other requirements.
14.
Any combination of one or more permitted, conditional, or accessory uses.
C.
Accessory uses permitted. Any of the following uses may be permitted when used in conjunction with a permitted principal use:
D.
Conditional uses permitted. The following uses may be permitted when authorized as a conditional use by the Planning Board.
1.
Structured parking meeting the following criteria:
a.
Along a public street frontage, the first floor of the parking structure shall be occupied by a permitted use or use otherwise approved by the Planning Board, except that an access driveway with a maximum width of 40 feet shall be permitted along the public street frontage.
b.
Where the structured parking does not have frontage along a public street, the parking shall be screened by structural elements that are compatible with the materials and design of the building facades.
2.
Cannabis Retailer, Medical Cannabis Dispensary or Alternative Treatment Center meeting the following criteria:
a.
No certificate of occupancy or other business license for a Cannabis Retailer to operate within the Borough shall be granted or renewed without such evidence as may be required by the Borough Clerk's office to determine that the operator maintains all valid State of New Jersey licenses and approvals, and that all such licenses and/or approvals remain in good standing.
b.
Cannabis Retailers shall comply with the Recreational Cannabis Act and all regulations promulgated by the New Jersey Cannabis Regulatory Commission. Medical Dispensaries and Alternative Treatment Centers shall comply with CUMA and all regulations promulgated by the New Jersey Cannabis Regulatory Commission.
c.
Only one Cannabis Retailer shall be permitted to locate within the Transition Commercial District. However, in no event shall more than two Cannabis Retailers be permitted to locate within the Borough. This limitation is inclusive of Medical Cannabis Dispensary or Alternative Treatment Centers.
d.
Site Plan Approval and Conditional Use Approval by the Planning Board shall be required, with notice of any public hearing provided in accordance with N.J.S.A. 40:55D-12.
e.
Maximum permitted hours of operation shall be between 9:00 a.m. and 9:00 p.m.
f.
Use or consumption of marijuana or cannabis in any manner shall not be permitted within the Cannabis Retailer's facility, whether in the building or on its grounds or parking lots. Cannabis Consumption Areas are not permitted.
g.
Drive thru facilities are not permitted.
h.
Primary access shall be from a State or County roadway.
4.
Multifamily residential development meeting the following criteria:
a.
Shall contain frontage on State Highway Route 12 or South Main Street.
b.
Minimum lot size: one acre.
c.
Minimum lot width: 200 feet.
d.
The development shall be mixed-use, containing residential and non-residential uses.
e.
First floor residential floor area shall not occupy the portion of any building that has frontage along a public street, with the exception of a building entrance. First floor residential uses may be located at the rear of a building, provided first floor nonresidential uses in the building are located along the public street.
f.
Residential units that do not face a public street may be located on the first floor.
g.
Residential use floor area limitations:
(1)
Residential uses which are accessory to a principal non-residential use include onsite housing units reserved for people employed by or students of the principal non-residential use, and shall not be for general rental purposes. Units shall not be rented to households that are not employed by or students of the non-residential use.
(2)
The maximum percent of total building area that may be residential uses where said residential uses are accessory to the non-residential use: 30%.
(3)
The maximum percent of total building area that may be residential uses where said residential uses are not accessory to the non-residential use: 20%.
(4)
The floor area calculation herein shall include principal and accessory uses.
(5)
Structured parking shall be exempt from the herein floor area calculations.
h.
Affordable housing is required is follows:
(1)
For residential uses not accessory to the non-residential use, the affordable housing set-aside shall be not less than 20%. Affordable housing units shall be developed in compliance with the Borough's affordable housing ordinance and the Uniform Housing Affordability Control Rules (N.J.A.C 5:80-21).
(2)
For residential uses accessory to a principal non-residential use, an affordable housing set-aside is not required.
E.
Area, yard, height and building coverage. Except as otherwise modified, the following bulk standards shall apply to all TC Districts:
| Principal Use and Accessory Buildings | Min. Lot Area | Min. Lot Width | Min. Lot Depth | Min. Front Yard | Min. Side Yard | Min. Rear Yard | Max. Height | Max. Impervious Surface Ratio | Floor Area Ratio |
|---|---|---|---|---|---|---|---|---|---|
| Properties less than 1 acre in size: Principal Uses Accessory building (2) | 20,000 square feet | 100' | 175' | 25' NP | 15' (1) 15' | 50' 30' | 35'\2.5 stories 18' | 0.70 Inclusive | 0.25 |
| Properties 1 acre in size or greater: Principal Uses Accessory building (2) | 43,560 square feet | 200' | 175' | 25' NP | 15'(1) 15' | 50' 30' | 45'/3 stories | 0.70 Inclusive | 0.50 |
| NP = Not Permitted. |
| (1) - Minimum side yard shall increase to 35 feet where adjacent to a residential use. |
| (2) - Properties must also meet standards for particular accessory buildings, structures and uses, including but not limited to solar facilities, in Chapter 26. |
F.
Additional regulations.
[Ord. No. 2012-01]
A.
Purpose. The purpose of the Community Business (CB) District is provide a mixed use zone combining a number of different residential housing types, retail sales and services limited to the everyday needs of residents and small scale office uses. This district is located at the southern end of the Borough around the Route 12 traffic circle where it functions as Flemington's southern gateway.
B.
Permitted Principal Uses. In the Community Business Zone, no lot shall be used and no structure shall be erected, altered or occupied for any purpose except as herein described. Commercial uses shall be defined in accordance with their SIC Code number where shown with a number in parentheses (thus). The following establishments or uses shall be permitted:
1.
Single family detached dwelling.
2.
Two-family dwelling.
3.
Plumbing, heating and air-conditioning contracting (1711).
4.
Painting and paperhanging contracting (172).
5.
Electrical contracting (173).
6.
Meat and fish markets, including frozen food purveyors (542).
7.
Fruit and vegetable market (543).
8.
Candy, nut and confectionery store (544).
9.
Dairy products sales (545).
10.
Retail bakery (546).
11.
Grocery stores (541) and other food stores (549).
12.
Apparel and accessories store (56).
13.
Drug and proprietary stores (591).
14.
Opticians and optical goods (5995).
15.
Art and drafting supply, gallery, auction room, antique store, cosmetics, pets and pet supply store, picture framing, philatelist shop, awning shop, and other miscellaneous retail uses (5999).
16.
Garment pressing (7212).
17.
Coin operated laundries (7215).
18.
Offices for finance, insurance, and real estate services (60-65, 67).
19.
Dry cleaning plant excepting rug cleaning (7216), laundry services excluding coin-operated services (7219).
20.
Photographic and portrait studio (7221).
21.
Beauty (7231) and barber (7241) shops.
22.
Shoe repair and shoeshine services (7251).
23.
Tax return preparation (7291), babysitting bureaus, bartering services, buyer's clubs, clothing and costume rental excluding industrial laundering and linen supply, vending machine operators, dating service, debt and diet counseling, hair replacement or removal, tanning salon, shopping services for individuals, locksmith, and other similar personal services (7299).
24.
Advertising, credit reporting, reproduction, computer programming, data processing, building services, and similar business services (73).
25.
Engineering, surveying, architectural, accounting, auditing, bookkeeping, research and development, management, public relations and similar services (87).
26.
Legal services (8111).
27.
Medical and dental offices (801, 802, 803, 804).
28.
Municipal use.
29.
Miscellaneous repair (762-764).
30.
Dance studios (791).
31.
Optical goods stores (5995)
32.
Commercial printing (275).
33.
Farmer's market.
34.
Commercial agriculture.
[Ord. No. 2012-01]
C.
Accessory Uses Permitted. Any of the following uses may be permitted when used in conjunction with a permitted principal use:
D.
Conditional Uses Permitted. The following uses may be permitted when authorized as a conditional use by the Planning Board:
[Amended 7-12-2021 by Ord. No. 2021-14; 4-11-2022 by Ord. No. 2022-3]
1.
Conversion of single family detached or two-family dwelling to a bank, credit union, savings and loan association, or other retail financial service; or, office use meeting the following criteria:
2.
Bank, credit union, savings and loan association, or other retail financial service meeting the following criteria:
3.
Cannabis Cultivator and Medical Cannabis Cultivator meeting the following criteria:
a.
No certificate of occupancy or other business license for a Cannabis Cultivator to operate within the Borough shall be granted or renewed without such evidence as may be required by the Borough Clerk's office to determine that the operator maintains all valid State of New Jersey licenses and approvals, and that all such licenses and/or approvals remain in good standing.
b.
Cannabis Cultivators shall comply with the Recreational Cannabis Act and all regulations promulgated by the New Jersey Cannabis Regulatory Commission. Medical Cannabis Cultivators shall comply with the CUMA and all regulations promulgated by the New Jersey Cannabis Regulatory Commission.
c.
Only one Cannabis Cultivator shall be permitted to locate within the Community Business District. However, in no event shall more than two Cannabis Cultivators be permitted to locate within the Borough. This limitation is inclusive of Medical Cannabis Cultivators.
d.
Site Plan Approval and Conditional Use Approval by the Planning Board shall be required, with notice of any public hearing provided in accordance with N.J.S.A. 40:55D-12.
e.
No Cannabis Cultivator or Medical Cannabis Cultivator shall be permitted to operate within 200 feet of any exclusively single-family residential zoning district of the Borough (i.e. the Single Family Residential (SF) District, Transition Residential (TR) District, or Townhouse Residential (TR) District) or an exclusively single-family residential zoning district of any adjacent municipality.
f.
Primary access shall be from a State or County roadway.
[Added 3-13-2023 by Ord. No. 2023-04]
4.
Structured parking meeting the following criteria:
a.
Along a public street frontage, the first floor of the parking structure shall be occupied by a permitted use or use otherwise approved by the Planning Board, except that an access driveway with a maximum width of 40 feet shall be permitted along the public street frontage.
b.
Where the structured parking does not have frontage along a public street, the parking shall be screened by structural elements that are compatible with the materials and design of the building facades.
E.
Area, Yard, Height and Building Coverage. Except as otherwise modified, the following bulk standards shall apply to all CB Districts:
| Principal Use and Accessory Buildings | Min. Lot Area | Min. Lot Width | Min. Lot Depth | Min. Front Yard | Min. Side Yard | Min. Rear Yard | Max. Height | Max. Imperv. Surface Ratio | Floor Area Ratio |
|---|---|---|---|---|---|---|---|---|---|
| Single Family Detached | 4,000 sf | 40' | 90' | 25' | 8' | 25' | 35'(1) | .60 | N/A |
| Accessory Building(3) | NP | 5' | 5' | 18' | |||||
| Two Family Dwelling | 2,500 sf/ dwelling | 75' | 90' | 25' | 7'(2) | 25' | 35'(1) | .70 | N/A |
| Accessory Building(3) | NP | 5' | 5' | 18' | |||||
| Commercial Use | 4,000 sf | 40' | 100' | 25' | 10'(2) | 30' | 35'(1) | .75 | .20 |
| Accessory Building(3) | NP | 15' | 30' | 18' | |||||
| Municipal | 2,000 sf | 20' | 50' | 5' | 5' | 5' | 35' | .75 | .25 |
| NP = Not Permitted. |
| (1) – Or 2 1/2 stories, whichever is less. |
| (2) – Minimum side yard shall increase to 15 feet where adjacent to a residential use. |
| (3) – Properties must also meet standards for particular accessory buildings, structures and uses, including but not limited to solar facilities, in Chapter 26. [Ord. 2012-01] |
F.
Additional Regulations for Commercial Uses.
1.
Maximum building size shall not exceed 5,000 square feet or 3,000 square feet on any one level. An existing building shall not be demolished in order to utilize this provision.
2.
Outdoor Display. Outdoor displays shall conform to the following requirements:
a.
All displays shall allow at least 8 feet of passage between the display and the curb.
b.
All displays shall allow at least 6 feet of unobstructed access to building entrances and exits.
c.
No display shall be located in front of any driveway, parking lot entrance, alley, or other vehicular thoroughfare nor impede adequate sight distance for motorists.
d.
Displays may only be located adjacent to or in front of the building in which the business displaying wares is located.
e.
Displays shall not extend more than 4 feet from the facade of the building.
f.
The only merchandise which may be displayed is the merchandise sold by the business.
g.
No display may exceed 6 feet in height.
h.
Displays shall be maintained in an orderly fashion and shall not create a hazard.
i.
Displays may only be shown during daylight hours and when the business is otherwise open to the public.
j.
The location of each display area shall first be reviewed and approved by the Zoning Officer for conformance with the provisions of this section. Upon satisfactory review, a zoning permit or other suitable document shall be issued by the Zoning Officer for the display area.
k.
Nothing herein shall be construed to authorize outdoor displays for uses prohibited by the landowner or by this Ordinance or other rule or regulation.
[Ord. No. 2014-4]
A.
Purpose. The purpose of the Downtown Business (DB) District is to provide for mixed uses in the traditional business and governmental center of the Borough and is a transitional area between the Downtown Business (DB) Zone and the Village Artisan Shopping (VAS) Zone.
[Ord. No. 2012-15]
B.
Permitted Principal Uses. In the Downtown Business II Zone, no lot shall be used and no structure shall be erected, altered or occupied for any purpose except as herein described. Commercial uses shall be defined in accordance with their SIC Code number where shown with a number in parentheses (thus). The following establishments or uses shall be permitted:
1.
Apartment(s) on second and upper floors of principal structures.
2.
Paint, glass and wallpaper sales and service (523).
3.
Hardware store (525).
4.
Lawn and garden center (5261).
5.
Variety store (533).
6.
General merchandise store (539).
7.
Grocery store (541).
8.
Meat and fish markets, including frozen food purveyors (542).
9.
Fruit and vegetable market (543).
10.
Candy, nut and confectionery store (544).
11.
Dairy products sales (545).
12.
Retail bakery (546).
13.
Other food stores (549).
14.
Apparel and accessories store (56).
15.
Furniture and accessories store (57).
16.
Restaurants, excluding fast food restaurants (581).
17.
Drug and proprietary stores (591).
18.
Second hand shops (593).
19.
Jewelry, hobby, camera, gift, luggage, leather, dry goods, sewing, and similar shops (594).
20.
Opticians and optical goods (5995).
21.
Art and drafting supply, gallery, auction room, antique store, cosmetics, pets and pet supply store, picture framing, philatelist shop, awning shop, and other miscellaneous retail uses (5999).
22.
Offices for finance, insurance, and real estate services (60-65, 67).
23.
Photographic and portrait studio (7221).
24.
Beauty (7231) and barber (7241) shops.
25.
Advertising, credit reporting, reproduction, computer programming, data processing, building services, and similar business services (73).
26.
Engineering, surveying, architectural, accounting, auditing, bookkeeping, research and development, management, public relations and similar services (87).
27.
Legal services (8111).
28.
Repair of appliances, electronic equipment, watches and jewelry, furniture and upholstery, antiques excluding automobiles, optical goods, cameras, precision instruments, leather goods including luggage and tack, musical instruments including tuning, office equipment and similar repair services but not to include automobile repair (7699).
29.
Medical and dental offices (801, 802, 803, 804).
30.
Municipal use.
31.
Coin operated laundries, etc. (7215).
32.
Miscellaneous repair (762-764).
33.
Dance studios (791).
34.
Travel agencies (4724).
35.
Florists (5992).
36.
Optical goods stores (5995).
37.
Individual and family services (8322).
38.
Farmer's market.
[Ord. No. 2012-01]
39.
Commercial agriculture.
[Ord. No. 2012-01]
40.
Brewery.
[Ord. No. 2015-19 § 2]
41.
Any combination of one or more permitted, conditional, or accessory uses.
[Ord. No. 2015-19 § 2]
C.
D.
Conditional Uses Permitted. The following uses may be permitted when authorized as a conditional use by the Planning Board:
[Amended 7-12-2021 by Ord. No. 2021-14; 4-11-2022 by Ord. No. 2022-3; 3-13-2023 by Ord. No. 2023-04]
1.
Bed and breakfast accommodation conforming to the following criteria:
a.
No more than 6 guest rooms or suites shall be permitted.
b.
No expansion of the existing dwelling shall be permitted.
c.
Off-street parking equal to one for each guest room or suite shall be required. Off-street parking may be accommodated off-site provided that the location is within 600 feet of the subject site and an adequate guaranty subject to the approval of the Board Attorney that establishes a right to the use of the off-tract parking is secured.
d.
No parking shall be permitted in the front yard.
e.
Only guests of the facility and their invitees shall be served food and drink on the premises.
f.
No cooking facilities shall be permitted in guest rooms or suites.
g.
There shall be a maximum residency limitation on all guests of 30 days.
2.
Public and private non-profit day school meeting the following criteria:
a.
The minimum lot size shall be 3 acres.
b.
The minimum lot frontage shall be 150 feet.
c.
No building shall be located within 50 feet of a lot line.
d.
Parking lots shall be properly screened and shall be a minimum of 25 feet from surrounding properties and public roads.
e.
Outdoor athletic fields shall be oriented to minimize adverse impacts on neighboring residential uses from noise, lighting, and entrances.
3.
Structured parking meeting the following criteria:
a.
Along a public street frontage, the first floor of the parking structure shall be occupied by a permitted use or use otherwise approved by the Planning Board, except that an access driveway with a maximum width of 40 feet shall be permitted along the public street frontage.
b.
Where the structural parking does not have frontage along a public street, the parking shall be screened by structural elements that are compatible with the materials and design of the building facades.
4.
Any other area, yard, height, and building coverage requirement not herein modified shall apply to any conditional use.[3]
[3]
Editor's Note: Former Subsection D5 and 6, regarding cannabis retailers, medical cannabis dispensaries, alternative treatment centers and cannabis cultivators, was repealed 3-13-2023 by Ord. No. 2023-04.
E.
Area, Yard, Height and Building Coverage. Except as otherwise modified, the following bulk standards shall apply to all DB Districts:
| Principal Use and Accessory Buildings | Min. Lot Area | Min. Lot Width | Min. Lot Depth | Min. Front Yard | Min. Side Yard | Min. Rear Yard | Max. Height | Max. Imperv. Surface Ratio |
|---|---|---|---|---|---|---|---|---|
| Non-Municipal Use | 7,000 sf | 45' | 100' | 25'(1) | 0' | 50' | 40'(2) | .75 |
| Accessory Buildings(3) | NP | 15' | 30' | 18' | ||||
| Municipal | 2,000 sf | 20' | 50' | 5' | 5' | 5' | 45' | .80 |
| NP = Not Permitted. |
| (1) – The front yard depth may be reduced to the average of the setbacks from the streetline of existing buildings on both sides of the proposed building. In the event an adjacent lot is vacant, the average shall be calculated using the required setback for the vacant lot. |
| (2) – Or 3 stories, whichever is less. |
| (3) – Properties must also meet standards for particular accessory buildings, structures and uses, including but not limited to solar facilities, in Chapter 26. (Ord. No. 2012-01) |
F.
Additional Regulations for Retail and Service Uses.
1.
All equipment stored on the site shall be placed within an enclosed building.
3.
Outdoor Display. Outdoor displays shall conform to the following requirements:
a.
The location of each display area shall first be reviewed and approved by the Zoning Officer for conformance with the provisions of this section. Upon satisfactory review, a zoning permit or other suitable document shall be issued by the Zoning Officer for the display area.
b.
All displays shall allow at least 5 feet of passage between the display and the curb.
c.
All displays shall allow at least 6 feet of unobstructed access to building entrances and exits.
d.
No display shall be located in front of any driveway, parking lot entrance, alley, or other vehicular thoroughfare nor impede adequate sight distance for motorists.
e.
Displays may only be located adjacent to or in front of the building in which the business displaying wares is located.
f.
Displays shall not extend more than 4 feet from the facade of the building.
g.
The only merchandise which may be displayed is the merchandise sold by the business.
h.
No display may exceed 6 feet in height.
i.
Displays shall be maintained in an orderly fashion and shall not create a hazard.
j.
Displays may only be shown during daylight hours and when the business is otherwise open to the public.
k.
Nothing herein shall be construed to authorize outdoor displays for uses prohibited by the landowner or by this Ordinance or other rule or regulation.
4.
There shall be no retail sales activities open to the public for the purpose of selling any goods or services in any basement, cellar, or attic, provided that nothing in this section shall be construed to prohibit the use of such areas for storage or the basement or cellar for public restrooms.
5.
There shall be no drive-in or drive-thru facilities allowed for any purpose.
[Ord. No. 2014-7]
A.
Purpose. The purpose of the Downtown Business II (DBII) District is to provide for mixed uses in the traditional business and governmental center of the Borough and is a transitional area between the Downtown Business (DB) zone and the Village Artisan Shopping (VAS) Zone.
[Ord. No. 2012-15]
B.
Permitted Principal Uses. In the Downtown Business II Zone, no lot shall be used and no structure shall be erected, altered or occupied for any purpose except as herein described. Commercial uses shall be defined in accordance with their SIC Code number where shown with a number in parentheses (thus). The following establishments or uses shall be permitted:
1.
Apartment(s) on second and upper floors of principal structures.
2.
Paint, glass and wallpaper sales and service (523).
3.
Hardware store (525).
4.
Lawn and garden center (5261).
5.
Variety store (533).
6.
General merchandise store (539).
7.
Grocery store (541).
8.
Meat and fish markets, including frozen food purveyors (542).
9.
Fruit and vegetable market (543).
10.
Candy, nut and confectionery store (544).
11.
Dairy products sales (545).
12.
Retail bakery (546).
13.
Other food stores (549).
14.
Apparel and accessories store (56).
15.
Furniture and accessories store (57).
16.
Restaurants, excluding fast food restaurants (581).
17.
Drug and proprietary stores (591).
18.
Second hand shops (593).
19.
Jewelry, hobby, camera, gift, luggage, leather, dry goods, sewing, and similar shops (594).
20.
Opticians and optical goods (5995).
21.
Art and drafting supply, gallery, auction room, antique store, cosmetics, pets and pet supply store, picture framing, philatelist shop, awning shop, and other miscellaneous retail uses (5999).
22.
Offices for finance, insurance, and real estate services (60-65, 67).
23.
Photographic and portrait studio (7221).
24.
Beauty (7231) and barber (7241) shops.
25.
Advertising, credit reporting, reproduction, computer programming, data processing, building services, and similar business services (73).
26.
Engineering, surveying, architectural, accounting, auditing, bookkeeping, research and development, management, public relations and similar services (87).
27.
Legal services (8111).
28.
Repair of appliances, electronic equipment, watches and jewelry, furniture and upholstery, antiques excluding automobiles, optical goods, cameras, precision instruments, leather goods including luggage and tack, musical instruments including tuning, office equipment and similar repair services but not to include automobile repair (7699).
29.
Medical and dental offices (801, 802, 803, 804).
30.
Municipal use.
31.
Coin operated laundries, etc. (7215).
32.
Miscellaneous repair (762-764).
33.
Dance studios (791).
34.
Travel agencies (4724).
35.
Florists (5992).
36.
Optical goods stores (5995).
37.
Individual and family services (8322).
38.
Funeral home and crematorium (7261) with a minimum lot area of 1 acre.
39.
Farmer's market.
[Ord. No. 2012-01]
40.
Commercial agriculture.
[Ord. No. 2012-01]
41.
Brewery.
[Ord. No. 2015-19 § 2]
42.
Any combination of one or more permitted, conditional, or accessory uses.
[Ord. No. 2015-19 § 2]
C.
D.
Conditional Uses Permitted. The following uses may be permitted when authorized as a conditional use by the Planning Board:
[Amended 3-13-2023 by Ord. No. 2023-04]
1.
Bed and breakfast accommodation conforming to the following criteria:
a.
No more than 6 guest rooms or suites shall be permitted.
b.
No expansion of the existing dwelling shall be permitted.
c.
Off-street parking equal to one for each guest room or suite shall be required. Off-street parking may be accommodated off-site provided that the location is within 600 feet of the subject site and an adequate guaranty subject to the approval of the Board Attorney that establishes a right to the use of the off-tract parking is secured.
d.
No parking shall be permitted in the front yard.
e.
Only guests of the facility and their invitees shall be served food and drink on the premises.
f.
No cooking facilities shall be permitted in guest rooms or suites.
g.
There shall be a maximum residency limitation on all guests of 30 days.
2.
Public and private nonprofit day school meeting the following criteria:
a.
The minimum lot size shall be 3 acres.
b.
The minimum lot frontage shall be 150 feet.
c.
No building shall be located within 50 feet of a lot line.
d.
Parking lots shall be properly screened and shall be a minimum of 25 feet from surrounding properties and public roads.
e.
Outdoor athletic fields shall be oriented to minimize adverse impacts on neighboring residential uses from noise, lighting, and entrances.
3.
Structured parking meeting the following criteria:
[Added 4-11-2022 by Ord. No. 2022-3[3]]
a.
Along a public street frontage, the first floor of the parking structure shall be occupied by a permitted use or use otherwise approved by the Planning Board, except that an access driveway with a maximum width of 40 feet shall be permitted along the public street frontage.
b.
Where the structured parking does not have frontage along a public street, the parking shall be screened by structural elements that are compatible with the materials and design of the building facades.
[3]
Editor's Note: This ordinance also redesignated former Subsection D3 and 4 as Subsection D4 and 5.
4.
Any other area, yard, height, and building coverage requirement not herein modified shall apply to any conditional use.
E.
Area, Yard, Height and Building Coverage. Except as otherwise modified, the following bulk standards shall apply to all DB II Districts:
| Principal Use and Accessory Buildings | Min. Lot Area | Min. Lot Width | Min. Lot Depth | Min. Front Yard | Min. Side Yard | Min. Rear Yard | Max. Height | Max. Imperv. Surface Ratio |
|---|---|---|---|---|---|---|---|---|
| Non-Municipal Use | 7,000 sf | 45' | 100' | 25'(1) | 0' | 50' | 40'(2) | .75 |
| Accessory Buildings(3) | NP | 15' | 30' | 18' | ||||
| Municipal | 2,000 sf | 20' | 50' | 5' | 5' | 5' | 45' | .80 |
| NP = Not Permitted. |
| (1) – The front yard depth may be reduced to the average of the setbacks from the streetline of existing buildings on both sides of the proposed building. In the event an adjacent lot is vacant, the average shall be calculated using the required setback for the vacant lot. |
| (2) – Or 3 stories, whichever is less. |
| (3) – Properties must also meet standards for particular accessory buildings, structures and uses, including but not limited to solar facilities, in Chapter 26. |
F.
Additional Regulations for Retail and Service Uses.
1.
All equipment stored on the site shall be placed within an enclosed building.
3.
Outdoor Display. Outdoor displays shall conform to the following requirements:
a.
The location of each display area shall first be reviewed and approved by the Zoning Officer for conformance with the provisions of this section. Upon satisfactory review, a zoning permit or other suitable document shall be issued by the Zoning Officer for the display area.
b.
All displays shall allow at least 5 feet of passage between the display and the curb.
c.
All displays shall allow at least 6 feet of unobstructed access to building entrances and exits.
d.
No display shall be located in front of any driveway, parking lot entrance, alley, or other vehicular thoroughfare nor impede adequate sight distance for motorists.
e.
Displays may only be located adjacent to or in front of the building in which the business displaying wares is located.
f.
Displays shall not extend more than 4 feet from the facade of the building.
g.
The only merchandise which may be displayed is the merchandise sold by the business.
h.
No display may exceed 6 feet in height.
i.
Displays shall be maintained in an orderly fashion and shall not create a hazard.
j.
Displays may only be shown during daylight hours and when the business is otherwise open to the public.
k.
Nothing herein shall be construed to authorize outdoor displays for uses prohibited by the landowner or by this ordinance or other rule or regulation.
4.
There shall be no retail sales activities open to the public for the purpose of selling any goods or services in any basement, cellar, or attic, provided that nothing in this section shall be construed to prohibit the use of such areas for storage or the basement or cellar for public restrooms.
5.
There shall be no drive-in or drive-thru facilities allowed for any purpose.
[Ord. No. 2012-01]
A.
Purpose. The purpose of the Professional Office (PO) District is to provide an area in close proximity to the county courts and administration offices. The Professional Office district would provide an area for law, title, paralegal, and similar offices as the need grows with an expanding county population.
B.
Permitted Principal Uses. In the Professional Office Zone, no lot shall be used and no structure shall be erected, altered or occupied for any purpose except as herein described. Commercial uses shall be defined in accordance with their SIC Code number where shown with a number in parentheses (thus). The following establishments or uses shall be permitted:
1.
Offices for finance, insurance, and real estate services (60-65, 67).
2.
Engineering, surveying, architectural, accounting, auditing, bookkeeping, research and development, management, public relations and similar services (87), excepting research and development uses (873).
3.
Legal services (8111).
4.
Governmental use.
5.
Child care center (8351).
6.
Beauty shops (7231).
7.
Barber shops (7241).
8.
Individual and family services (8322).
9.
Photographic studios, portrait (7221).
10.
Shoe repair shops and shoeshine parlors (7251).
11.
Miscellaneous personal services (7299).
12.
Medical and dental offices.
13.
Farmer's market.
14.
Commercial agriculture.
[Ord. No. 2012-01]
C.
Conditional Uses Permitted. The following uses may be permitted when authorized as a conditional use by the Planning Board:
[Amended 7-12-2021 by Ord. No. 2021-14; 4-11-2022 by Ord. No. 2022-3]
1.
Public and private nonprofit day school.
2.
Cannabis Cultivator or Medical Cannabis Cultivator meeting the following criteria:
a.
No certificate of occupancy or other business license for a Cannabis Cultivator or Medical Cannabis Cultivator to operate within the Borough shall be granted or renewed without such evidence as may be required by the Borough Clerk's office to determine that the operator maintains all valid State of New Jersey licenses and approvals, and that all such licenses and/or approvals remain in good standing.
b.
Cannabis Cultivators shall comply with the Recreational Cannabis Act and all regulations promulgated by the New Jersey Cannabis Regulatory Commission. Medical Cannabis Cultivators shall comply with the CUMA and regulations promulgated by the New Jersey Cannabis Regulatory Commission.
c.
Only one Cannabis Cultivator shall be permitted to locate within the Professional Office District. However, in no event shall more than two Cannabis Cultivators be permitted to locate within the Borough. This limitation shall be inclusive of Medical Cannabis Cultivators.
d.
Site Plan Approval and Conditional Use Approval by the Planning Board shall be required, with notice of any public hearing provided in accordance with N.J.S.A. 40:55D-12.
e.
No Cannabis Cultivator or Medical Cannabis Cultivator shall be permitted to operate within 200 feet of any exclusively single-family residential zoning district of the Borough (i.e. the Single Family Residential (SF) District, Transition Residential (TR) District, or Townhouse Residential (TR) District) or an exclusively single-family residential zoning district of any adjacent municipality.
f.
Primary access shall be from a State or County roadway.
[Added 3-13-2023 by Ord. No. 2023-04]
3.
Structured parking meeting the following criteria:
a.
Along a public street frontage, the first floor of the parking structure shall be occupied by a permitted use or use otherwise approved by the Planning Board, except that an access driveway with a maximum width of 40 feet shall be permitted along the public street frontage.
b.
Where the structured parking does not have frontage along a public street, the parking shall be screened by structural elements that are compatible with the materials and design of the building facades.
D.
E.
Area, Yard, Height and Building Coverage. Except as otherwise modified, the following bulk standards shall apply to all PO Districts:
| Principal Use and Accessory Buildings | Min. Lot Area | Min. Lot Width | Min. Lot Depth | Min. Front Yard | Min. Side Yard | Min. Rear Yard | Max. Height | Max. Imperv. Surface Ratio | Floor Area Ratio |
|---|---|---|---|---|---|---|---|---|---|
| Office | 9,000 sf | 50' | 100' | 25' | 10' | 50' | 35'(1) | .75 | .22 |
| Accessory Building(2) | NP | 15' | 30' | 18' | |||||
| Municipal | 2,000 sf | 20' | 50' | 25' | 5' | 10' | 45' | .80 | .25 |
| Other Govern- mental | 10,000 sf | 60' | 100' | 25' | 10' | 50' | 45' | .80 | .25 |
| NP = Not Permitted. |
| (1) – Or 2 1/2 stories, whichever is less. |
| (2) – Properties must also meet standards for particular accessory buildings, structures and uses, including but not limited to solar facilities, in Chapter 26. |
[Ord. No. 2011-10; Ord. No. 2011-17; Ord. No. 2012-01; Ord. No. 2012-15; Ord. No. 2014-5; Ord. No. 2018-8; Ord. No. 2020-7; Ord. No. 2021-14; Ord. No. 2022-3; Ord. No. 2023-04; amended 9-11-2023 by Ord. No. 2023-24]
A.
Purpose. The purpose of the Village Artisan Shopping (VAS) District is to include destination-oriented retail and art-oriented uses that are not found in or that complement the Borough's downtown, including artisan manufacturing, entertainment uses, and farmer's markets. This district is primarily oriented towards Stangl Road, Fulper Road, and Central Station, and is designed to encourage walking from store to store once the destination has been reached. It contrasts with the more historic character of the Downtown Business district and the more highway oriented shopping in the Highway Retail zone
B.
Permitted principal uses. In the Village Artisan Shopping Zone, no lot shall be used and no structure shall be erected, altered or occupied for any purpose except as herein described. The following establishments or uses shall be permitted:
C.
Accessory uses permitted. Any of the following uses may be permitted when used in conjunction with a permitted principal use:
D.
Conditional Uses Permitted. The following uses may be permitted when authorized as a conditional use by the Planning Board.
1.
Office and Medical Office.
a.
Properties shall front on Route 12 with direct access to the State highway or the use shall only be located on the upper stories, with the exception of the building entrance.
b.
Corporate offices may be permitted only if they constitute at least 7,500 square feet of an existing building.
c.
Corporate offices include companies who are engaged in business, service, education, industry or finance, including professions such as accounting, law or medicine or related fields. Such offices may include ancillary services for office workers such as a restaurant, coffee shop or newspaper stand.
d.
Floor area ratio shall not exceed 0.25.
e.
Minimum lot area shall be 40,000 square feet.
2.
Structured parking meeting the following criteria:
a.
Along a public street frontage, the first floor of the parking structure shall be occupied by a permitted use or use otherwise approved by the Planning Board, except that an access driveway with a maximum width of 40 feet shall be permitted along the public street frontage.
b.
Where the structured parking does not have frontage along a public street, the parking shall be screened by structural elements that are compatible with the materials and design of the building facades.
3.
Residential dwellings, including live-work units.
a.
Residential units (or living space in the case of live-work units) that face a public street shall be located on the upper stories, with the exception of the building entrance.
b.
Residential units (or living space in the case of live-work units) that do not face a public street may be located on the first floor.
E.
Area, yard, height and building coverage. Except as otherwise modified, the following bulk standards shall apply to the VAS District.
| Principal Use and Accessory Buildings | Min. Lot Area | Min. Lot Width | Min. Lot Depth | Min. Front Yard | Min. Side Yard | Min. Rear Yard | Max. Height | Max. Impervious Surface Ratio |
|---|---|---|---|---|---|---|---|---|
| Principal building | 65,000 square feet | 150' | 200' | 35' | 15' | 50' | 40' (1) | 0.82 |
| Accessory building (2) | NP | 15' | 30' | 18' | ||||
| Municipal use | 2,000 | 20' | 50' | 5' | 5' | 5' | 35' |
| NP = Not Permitted. |
| (1) - Not more than 30% of the rooflines on the property shall be more than two stories. |
| (2) - Properties must also meet standards for particular accessory buildings, structures and uses, including but not limited to solar facilities, in Chapter 26. |
F.
Outdoor storage and display. All equipment stored on the site shall be placed within an enclosed building.
1.
Outdoor display. Outdoor displays shall conform to the following requirements:
a.
The location of each display area shall first be reviewed and approved by the Zoning Officer for conformance with the provisions of this section. Upon satisfactory review, a zoning permit or other suitable document shall be issued by the Zoning Officer for the display area.
b.
All displays shall allow at least five feet of passage between the display and the curb.
c.
All displays shall allow at least six feet of unobstructed access to building entrances and exits.
d.
No display shall be located in front of any driveway, parking lot entrance, alley, or other vehicular thoroughfare nor impede adequate sight distance for motorists.
e.
Displays may only be located adjacent to or in front of the building in which the business displaying wares is located.
f.
Displays shall not extend more than four feet from the facade of the building.
g.
The only merchandise which may be displayed is the merchandise sold by the business.
h.
No display may exceed six feet in height.
i.
Displays shall be maintained in an orderly fashion and shall not create a hazard.
j.
Displays may only be shown during daylight hours and when the business is otherwise open to the public.
k.
Nothing herein shall be construed to authorize outdoor displays for uses prohibited by the landowner or by this Ordinance or other rule or regulation.
2.
There shall be no retail sales activities open to the public for the purpose of selling any goods or services in any basement, cellar, or attic, provided that nothing in this section shall be construed to prohibit the use of such areas for storage or the basement or cellar for public restrooms.
G.
Additional standards.
1.
Building entrances shall be oriented toward the street. On corner properties the building entrance shall be oriented on the site's primary frontage.
2.
Parking shall not be located between the building and the street, except for parking existing as of the date of this ordinance on Stangl Road.
3.
Architectural detail and variety for new development is strongly encouraged. This may include but not be limited to a variety in rooflines, materials, and finishes. Architectural elements should be contextual, relating to the character of the area and the overall historic character of the Borough.
H.
Incentives for gathering spaces.
[Ord. No. 2012-01]
A.
Purpose. The purpose of the Highway Retail (HR) District is to encompass existing highway oriented retail development concentrated around Rt. 31 and Rt. 202. This district contrasts with the more pedestrian- and destination-oriented shopping of the Downtown Business and Village Shopping Zones. The district is also intended to include more intensive office uses than permitted by the Professional Office Zone.
B.
Permitted Principal Uses. In the Highway Retail Zone, no lot shall be used and no structure shall be erected, altered or occupied for any purpose except as herein described. Commercial uses shall be defined in accordance with their SIC Code number where shown with a number in parentheses (thus). The following establishments or uses shall be permitted:
1.
Plumbing, heating and air conditioning contracting (1711), however, no outside storage is permitted.
2.
Paint, glass and wallpaper sales and service (523).
3.
Hardware store (525).
4.
Lawn and garden center (5261).
5.
Department stores (531).
6.
Variety store (533).
7.
General merchandise store (539).
8.
Grocery (541) and convenience (5411) stores.
9.
Meat and fish markets, including frozen food purveyors (542).
10.
Fruit and vegetable market (543).
11.
Candy, nut and confectionery store (544).
12.
Dairy products sales (545).
13.
Retail bakery (546).
14.
Other food stores (549).
15.
New car and automotive dealers (55), including sales of parts related to motor vehicles.
16.
Motor vehicle supplies and new parts (5013).
17.
Apparel and accessories store (56).
18.
Furniture and accessories store (57).
19.
Restaurants (581).
20.
Drug and proprietary stores (591).
21.
Liquor stores (592)
22.
Second hand shops (593).
23.
Jewelry, hobby, camera, gift, luggage, leather, dry goods, sewing, and similar shops (594).
24.
Opticians and optical goods (5995).
25.
Art and drafting supply, gallery, auction room, antique store, cosmetics, pets and pet supply store, picture framing, philatelist shop, awning shop, and other miscellaneous retail uses (5999).
26.
Offices for finance, insurance, and real estate services (60-65, 67).
27.
Dry cleaners and coin-operated laundry services (7219).
28.
Photographic and portrait studio (7221).
29.
Beauty (7231) and barber (7241) shops.
30.
Shoe repair and shoeshine services (7251).
31.
Funeral home and crematorium (7261).
32.
Tax return preparation (7291), babysitting bureaus, bartering services, buyer's clubs, clothing and costume rental excluding industrial laundering and linen supply, vending machine operators, dating service, debt and diet counseling, hair replacement or removal, tanning salon, shopping services for individuals, locksmith, and other similar personal services (7299).
33.
Advertising, credit reporting, reproduction, computer programming, data processing, building services, and similar business services (73).
34.
Engineering, surveying, architectural, accounting, auditing, bookkeeping, research and development, management, public relations and similar services (87).
35.
Legal services (8111).
36.
Repair of appliances, electronic equipment, watches and jewelry, furniture and upholstery, antiques including automobiles, optical goods, cameras, precision instruments, leather goods including luggage and tack, musical instruments including tuning, office equipment and similar repair services but not to include automobile repair (7699).
37.
Bowling alleys (793)
38.
Physical fitness centers (7991).
39.
Medical and dental offices (801, 802, 803, 804).
40.
Shopping centers incorporating any preceding use.
41.
Municipal use.
42.
Painting and paper hanging (172).
43.
Electrical work (173).
44.
Garment pressing & agents (7212).
45.
Coin operated laundries, etc. (7215).
46.
Miscellaneous repair (75).
47.
Dance studios (791).
48.
General contractors (15).
49.
Optical goods stores (5995).
50.
Senior citizens.
51.
Farmer's market.
52.
Commercial agriculture.
[Ord. No. 2012-01]
C.
Accessory Uses Permitted. Any of the following uses may be permitted when used in conjunction with a permitted principal use:
D.
Conditional Uses Permitted. The following uses may be permitted when authorized as a conditional use by the Planning Board:
[Amended 7-12-2021 by Ord. No. 2021-14; 4-11-2022 by Ord. No. 2022-3]
1.
Service stations (5541) conforming to the following criteria:
a.
Service stations shall be permitted only 2 entrances and exits on one street frontage and 3 per lot.
b.
All equipment, work pits, storage areas and trash facilities other than gasoline filling pumps or air pumps shall be within a building or roofed structure.
c.
Fuel pumps and air pumps shall be no closer than 25 feet to any existing or future street line and 50 feet from a rear property line. Fuel pumps shall not be located closer than 25 feet from a side property line.
d.
All lubrication, repair or similar activities shall be performed in a fully enclosed building and no dismantled parts shall be displayed outside of an enclosed building.
e.
No junked motor vehicle or part thereof, or such vehicles incapable of normal operation upon the highway, shall be permitted on the premises of the repair garage, except as noted herein. A maximum of 11 vehicles shall be permitted to await repair or disposition at the repair garage, with no more than 3 inoperable vehicles permitted in an enclosed building and no more than 8 inoperable vehicles permitted outside the building. If more than 8 such vehicles on the property are awaiting repairs, they shall be enclosed in a fenced area, screened from view from adjacent properties and public streets.
f.
In addition to landscaping that is otherwise required pursuant to the provisions of this Ordinance, a minimum of 25 percent of the front yard shall consist of landscape screening of the building and front yard parking.
g.
No exterior display of motor vehicles, recreational vehicles, boats, other forms of transportation, or equipment for sale shall be permitted.
2.
Hotels and motels (701) subject to the following criteria:
a.
Any such use shall contain a minimum of at least 20 units of accommodation not including any on-site superintendent's living quarters. The minimum number of units of accommodation in any single building shall be 10.
b.
Each unit of accommodation shall contain a minimum floor area of 250 square feet. Ceilings shall be a minimum of 8 feet in height.
c.
There shall be a residency limitation on all guests of 30 days maximum. The residency limitation shall not apply to an employee living on the premises.
4.
Communication towers (4812) subject to the following criteria:
a.
The applicant shall first demonstrate that no other existing tower or structure may be used for the subject application. Such demonstration may include but not be limited to expert reports and responses to bona fide inquiries to existing tower owners concerning the availability of space.
b.
The height of the tower shall be the lowest feasible for the intended purpose.
c.
The free-standing tower shall be set back from any property line a minimum of 110 percent of the tower's height.
d.
Towers shall be of monopole construction if less than 250 feet in height.
e.
Any communications tower shall comply with the promulgated radiation emissions standards of the Federal Communications Commission.
f.
A landscape buffer visually impervious after 5 years of maturity shall be installed to screen the base of the tower, equipment building and parking. The minimum height of buffer materials shall be 6 feet at the time of installation.
g.
At least 2 and no more than 5 parking spaces for maintenance use shall be provided.
h.
Accessory buildings for communications/electronic equipment not exceeding 1,000 square feet in area nor one-story or 15 feet in height, whichever is less, shall be permitted.
i.
Any approval shall be so conditioned as to allow additional communications operators to lease space on the subject tower.
j.
To the extent feasible, communications towers shall be painted or disguised to minimize contrast with the natural environment.
k.
Notwithstanding any other provision to the contrary, no communications tower shall be located in an historic district as designated in the Historic Preservation Element of the Master Plan.
5.
All other parts of this Ordinance not modified herein shall apply.
6.
Cannabis Retailer, Medical Cannabis Dispensary or Alternative Treatment Center meeting the following criteria:
a.
No certificate of occupancy or other business license for a Cannabis Retailer, Medical Cannabis Dispensary or Alternative Treatment Center to operate within the Borough shall be granted or renewed without such evidence as may be required by the Borough Clerk's office to determine that the operator maintains all valid State of New Jersey licenses and approvals, and that all such licenses and/or approvals remain in good standing.
b.
Cannabis Retailers shall comply with the Recreational Cannabis Act and all regulations promulgated by the New Jersey Cannabis Regulatory Commission. Medical Cannabis Dispensaries and Alternative Treatment Centers shall comply with the CUMA and all regulations promulgated by the New Jersey Cannabis Regulatory Commission.
c.
Only two Cannabis Retailers shall be permitted to locate within the Highway Retail District. However, in no event shall more than two Cannabis Retailers be permitted to locate within the Borough. This limitation shall be inclusive of Medical Cannabis Dispensaries and Alternative Treatment Centers.
d.
Site Plan Approval and Conditional Use Approval by the Planning Board shall be required, with notice of any public hearing provided in accordance with N.J.S.A. 40:55D-12.
e.
Maximum permitted hours of operation shall be between 9:00 a.m. and 9:00 p.m.
f.
Cannabis Consumption Areas shall be permitted subject to the following conditions:
(1)
No Cannabis Retailer shall be permitted to operate a Consumption Area within 200 feet of any exclusively single-family residential zoning district of the Borough (i.e. the Single Family Residential (SF) District, Transition Residential (TR) District, or Townhouse Residential (TR) District) or an exclusively single-family residential zoning district of any adjacent municipality.
(2)
If cannabis will be consumed by smoking or vaping, the Cannabis Retailer must comply with the New Jersey Smoke-Free Air Act (N.J.S.A. 26:3D-55 et seq.) and associated regulations (N.J.A.C. 8:6-1.1 et seq.).
(3)
Only cannabis items purchased on-site at the Cannabis Retailer shall be consumed within the Consumption Area.
(4)
The Cannabis Retailer must possess a valid Consumption Area endorsement from the State of New Jersey pursuant to the Recreational Cannabis Act.
(5)
Each licensed Cannabis Retailer may operate only one Cannabis Consumption Area.
(6)
The Cannabis Consumption Area shall comply with the definition set forth in § 2601.1 and be either (a) an indoor, structurally enclosed area of the licensed Cannabis Retailer that is separate from the area in which retail sales of cannabis items occur or (b) an exterior structure on the same premises as the retailer, either separate from or connected to the retailer.
g.
Drive thru facilities are not permitted.
h.
Primary access shall be from a State or County roadway.
[Added 3-13-2023 by Ord. No. 2023-04]
7.
Cannabis Cultivator and Medical Cannabis Cultivator meeting the following criteria:
a.
No certificate of occupancy or other business license for a Cannabis Cultivator or Medical Cannabis Cultivator to operate within the Borough shall be granted or renewed without such evidence as may be required by the Borough Clerk's office to determine that the operator maintains all valid State of New Jersey licenses and approvals, and that all such licenses and/or approvals remain in good standing.
b.
Cannabis Cultivators shall comply with the Recreational Cannabis Act and all regulations promulgated by the New Jersey Cannabis Regulatory Commission. Medical Cannabis Cultivators shall comply with CUMA and all regulations promulgated by the New Jersey Cannabis Regulatory Commission.
c.
Only one Cannabis Cultivator shall be permitted to locate within the Highway Retail District. However, in no event shall more than two Cannabis Cultivators be permitted to locate within the Borough. This limitation shall be inclusive of Medical Cannabis Cultivators.
d.
Site Plan Approval and Conditional Use Approval by the Planning Board shall be required, with notice of any public hearing provided in accordance with N.J.S.A. 40:55D-12.
e.
No Cannabis Cultivator or Medical Cannabis Cultivator shall be permitted to operate within 200 feet of any exclusively single-family residential zoning district of the Borough (i.e. the Single Family Residential (SF) District, Transition Residential (TR) District, or Townhouse Residential (TR) District) or an exclusively single-family residential zoning district of any adjacent municipality.
f.
Primary access shall be from a State or County roadway.
[Added 3-13-2023 by Ord. No. 2023-04]
8.
Structured parking meeting the following criteria:
a.
Along a public street frontage, the first floor of the parking structure shall be occupied by a permitted use or use otherwise approved by the Planning Board, except that an access driveway with a maximum width of 40 feet shall be permitted along the public street frontage.
b.
Where the structured parking does not have frontage along a public street, the parking shall be screened by structural elements that are compatible with the materials and design of the building facades.
E.
Area, Yard, Height and Building Coverage. Except as otherwise modified, the following bulk standards shall apply to all HR Districts:
| Principal Use and Accessory Buildings | Min. Lot Area | Min. Lot Width | Min. Lot Depth | Min. Front Yard | Min. Side Yard | Min. Rear Yard | Max. Height | Max. Imperv. Surface Ratio | Floor Area Ratio |
|---|---|---|---|---|---|---|---|---|---|
| Retail and Service Uses | 65,000 sf | 150' | 200' | 35' | 25' | 50' | 35'(1) | .70 | .20 |
| Accessory Building(5) | NP | 15' | 30' | 18' | |||||
| Office | 30,000 sf | 100' | 200' | 35' | 25' | 35' | 35'(2) | .70 | .25 |
| Accessory Building(5) | NP | 15' | 30' | 18' | |||||
| Hotel and Motel | 2 acres | 200' | 200' | 50' | 35' | 50' | 35'(3) | .60 | .22 |
| Shopping Center | 3 acres | 300' | 200' | 75' | 50' | 50' | 25'(1) | .70 | .20 |
| Accessory Building(5) | NP | 25' | 30' | 18' | |||||
| Senior Citizen Housing | 2 acres | 200' | 200' | 35' | 25' | 50' | 48'(4) | .70 | NA |
| NP = Not Permitted. |
| (1) – Or 2 stories, whichever is less. |
| (2) – Or 2 1/2 stories, whichever is less. |
| (3) – The height may be increased to 45 feet or 4 stories, whichever is less, when the building is greater than 200 feet from a residential district. |
| (4) – Or 3 stories, not to exceed 3 stories. |
| (5) – Properties must also meet standards for particular accessory buildings, structures and uses, including but not limited to solar facilities, in Chapter 26. |
F.
Additional Regulations for Retail and Service Uses.
1.
All equipment stored on the site shall be placed within an enclosed building.
2.
There shall be no retail sales activities open to the public for the purpose of selling any goods or services in any basement, cellar, or attic, provided that nothing in this section shall be construed to prohibit the use of such areas for storage or the basement or cellar for public restrooms.
3.
Minimum buffer with residential uses or zones is 75 feet.
[Ord. No. 2012-01]
A.
Purpose. The zone is established to recognize 2 areas in the Borough used for public purpose. These include the Reading-Fleming Middle School, Tuccamirgan Park, Green Acres Park, and the Flemington Swim Club, and Memorial Park on the east side of town.
D.
Area, Yard, Height and Building Coverage. Except as otherwise modified, the following bulk standards shall apply to all PS/P Districts;
| Principal Use and Accessory Buildings | Min. Lot Area | Min. Lot Width | Min. Lot Depth | Min. Front Yard | Min. Side Yard | Min. Rear Yard | Max. Height | Max. Imperv. Surface Ratio | Max. Building Coverage |
|---|---|---|---|---|---|---|---|---|---|
| Parks & Community Pools | 43,560 sf | 100' | 200' | 25' | 25' | 35' | 80'(1) | .50 | .25 |
| Accessory Building (2,3) | NP | 15' | 15' | 28' | |||||
| Public School | 3 acres | 150' | 350' | 50' | 25' | 50' | 45' | .75 | .50 |
| Accessory Building (2,3) | NP | 15' | 30' | 25' |
| NP = Not Permitted. |
| (1) – The ridgeline of the main roof shall not exceed 45 feet in height. |
| (2) – No more than 2 accessory structures or buildings for lots 15,000 sf; no more than 3 accessory structures or buildings for lots > 15,000 sf. |
| (3) – Properties must also meet standards for particular accessory buildings, structures and uses, including but not limited to solar facilities, in Chapter 26. |
[Ord. No. 2012-01]
A.
Purpose. The purpose of the Super Shopping (SS) Overlay District is to provide for the redevelopment of a portion of the Highway Retail Zone that is characterized by small lots or abandoned and vacant land. The overlay district provides an optional set of development regulations that permits an added intensity of development as an incentive to assemble substandard lots.
B.
Permitted Principal Uses. In the Super Shopping Overlay Zone, no lot shall be used and no structure shall be erected, altered or occupied for any purpose except for a shopping center incorporating any permitted use in the Highway Retail District.
C.
Accessory Uses Permitted. Any of the following uses may be permitted when used in conjunction with a permitted principal use:
D.
Conditional Uses Permitted. The following uses may be permitted when authorized as a conditional use by the Planning Board:
1.
Hotels and motels (701) subject to the following criteria:
a.
Any such use shall contain a minimum of at least 20 units of accommodation not including any on-site superintendent's living quarters. The minimum number of units of accommodation in any single building shall be 10.
b.
Each unit of accommodation shall contain a minimum floor area of 250 square feet. Ceilings shall be a minimum of 8 feet in height.
c.
There shall be a residency limitation on all guests of 30 days maximum. The residency limitation shall not apply to an employee living on the premises.
E.
Area, Yard, Height and Building Coverage. Except as otherwise modified, the following bulk standards shall apply to all SS Districts:
| Principal Use and Accessory Buildings | Min. Lot Area | Min. Lot Width | Min. Lot Depth | Min. Front Yard | Min. Side Yard | Min. Rear Yard | Max. Height | Max. Imperv. Surface Ratio | Floor Area Ratio |
|---|---|---|---|---|---|---|---|---|---|
| Shopping Center: | |||||||||
| Tract | 15 acres | 500' | 500' | 150' | 50' | 25' | 32'(1) | .75 | .22 |
| Lot(2) | 1 1/2 acres | 100' | 200' | 75 | N/A | 50 | 30'(3) | ||
| Accessory Building (6) | NP | 25' | 30' | 18' | |||||
| Hotel and Motel | 2 acres | 200' | 200' | 50' | 35' | 50' | 45'(4) | .60 | .25 |
| NP = Not Permitted. |
| (1) – Or 3 stories, whichever is less, however, the maximum height for 33 percent of the front facade may be 36' if used to accommodate a front elevation with a pediment or similar structure. |
| (2) – These regulations only pertain to lots within the overall tract area and is intended for use with pad sites approved as part of the shopping center plan. |
| (3) – Or 1 1/2 stories, whichever is less |
| (4) – Or 4 stories, whichever is less. |
| (5) – Roof mounted appurtenances such as heating and air conditioners (HVAC), communications antennae and other equipment shall be concealed by a parapet wall from surrounding land uses. The parapet wall cannot exceed the allowable height. |
| (6) – Properties must also meet standards for particular accessory buildings, structures and uses, including but not limited to solar facilities, in Chapter 26. |
F.
Additional Regulations for Retail and Service Uses.
1.
All equipment stored on the site shall be placed within an enclosed building.
2.
There shall be no retail sales activities open to the public for the purpose of selling any goods or services in any basement, cellar, or attic, provided that nothing in this section shall be construed to prohibit the use of such areas for storage or the basement or cellar for public restrooms.
3.
Minimum buffer with residential uses or zones is 75 feet.
[Ord. No. 2012-01; amended 4-22-2024 by Ord. No. 2024-07]
A.
Community Shelters. Community residences for the developmentally disabled, community shelters for victims of domestic violence, and community residences for persons with head injuries shall be allowed in any residential district permitting single family detached housing, provided that:
1.
No more than 15 persons, excluding resident staff, shall occupy the premises except as permitted herein.
2.
The facility is duly licensed pursuant to N.J.S.A. 30:11B-1 et seq. for community residences for the developmentally disabled, N.J.S.A. 30:14-1 et seq. for community shelters for victims of domestic violence, and N.J.S.A. 30:11B-1 et seq. for community residences for persons with head injuries.
3.
The residential character of the building shall remain unchanged.
4.
All other applicable regulations of this Ordinance shall apply.
B.
Decks. Decks shall not be attached to any floor higher than the second floor of a dwelling. Decks for which railings are required shall be located no closer to a side or rear lot line than permitted by the principal building setback requirement. Lower decks may be located to within the required setbacks for accessory buildings but in no instance closer than 5 feet to a property line, excepting fee simple townhouses. Decks for which railings are required shall not be permitted in the front yard. Decks attached to fee simple townhouses may be located on a side property line provided the townhouse is attached to another townhouse along such property line. Fee simple townhouse decks closer than 5 feet to the side property line shall have a decorative screen at least 60 percent visually opaque attached to its side edge and 6 feet tall measured from the deck surface.
C.
Exterior Equipment. All ground-based utility meters or boxes, air compressors, heat pumps, or other exterior equipment shall be located at the side or rear of buildings and shall be screened by architectural elements or landscape plantings. Roof-based equipment shall be screened by architectural elements.
D.
Family Day Care. Family day care shall be allowed as a home occupation, as regulated in this Ordinance, in any residential district, provided that no operator shall provide child care for more than 5 children at any one time not including children legally related to the care provider nor children being cared for under a cooperative agreement with their parents for which no payment is received. In age-restricted developments, deed restrictions or bylaws may prohibit family day care homes from being a permitted use. All other applicable regulations of this Ordinance shall apply.
E.
Fences and Walls. The following regulations shall apply to fences and walls:
1.
Fences and walls may be placed with the finished side (without supports) located on the property line. All permitted fences shall be situated on a lot in such a manner that the finished side shall face adjacent properties.
2.
No fence shall be erected of barbed wire, topped with metal spikes, broken bottles and glass, nor constructed of any material or in any manner which may be dangerous to persons or animals.
3.
On any lot in any district, no wall or fence shall be erected or altered so that said wall or fence shall be over 4 feet in height in front yard areas and 6 feet in height in side and rear yard areas except:
a.
A dog run or privacy area may have fencing a maximum of 7 feet in height provided such area is located in rear yard areas only and is set back from any lot line at least 15 feet.
b.
A tennis court area, located in rear yard areas only, may be surrounded by a fence a maximum of 15 feet in height; said fence to be set back from any lot line the distances required for accessory buildings in the zoning district as stipulated in this Article.
c.
No fence shall exceed 5 feet in height in a rear yard of a reverse frontage lot.
d.
On corner lots, no fences or walls may be placed within the sight triangle. Fences or walls shall not exceed 2 feet in height on corner lots in the front yard setback.
4.
A private residential swimming pool area shall be surrounded by a fence at least 4 feet, but no more than 6 feet, in height.
5.
Nonresidential uses may be permitted a fence of up to 8 feet in height when located behind the front yard provided the specific size, type, and location is approved by the Planning Board. Deviations from this subsection shall be considered as waivers from the Ordinance standards.
F.
Garage Sales. Garage sales shall be subject to the following regulations:
1.
License Regulated. It shall be unlawful for any person to conduct a garage sale in the Borough of Flemington without first filing with the Clerk the information hereinafter specified and obtaining from said Clerk a license to do so, to be known as a "garage sale license". Any bona fide charitable, nonprofit, educational, cultural or governmental institution or organization shall be required to obtain a license. The burden of establishing the exemption from the payment of a license fee shall be on the organization or institution claiming such fee exemption.
A license shall be issued for each lot as shown on the official Borough of Flemington tax map only twice within a 12-month period. No license shall be issued for more than 2 consecutive calendar days. Under special circumstances, and for special reasons, more than 2 licenses may be issued in connection with each parcel of property with the approval of the Common Council. Each license issued under this section shall be prominently displayed on the premises upon which the garage sale is conducted throughout the entire period of the licensed sale.
2.
License Information to Be Filed. The information to be filed with the Borough Clerk, pursuant to this subsection shall be as follows:
a.
Name of the person, firm, group, corporation, association, or organization conducting the sale.
b.
Name of the owner of the property on which the sale is to be conducted, and consent of owner if applicant is other than the owner.
c.
Location at which the sale is to be conducted.
d.
Number of days of the sale.
e.
Date, nature of any past sale.
f.
Relationship or connection applicant may have had with any other person, conducting a sale and the date or dates of such sale.
g.
Whether or not applicant has been issued any other vendor's license by any local, State, or Federal agency.
h.
Sworn statement or affirmation by the person signing that the information therein given is full and true.
3.
Hours of Sale. All garage sales shall be conducted between the hours of 9:00 a.m. and 6:00 p.m. only, and no sale shall be conducted on a Sunday.
4.
Signs. No person shall make, cause to be made or erected signs other than those signs provided by the Borough. These signs shall be made available by the Borough and shall be a uniform size and form (12" x 12") and must be purchased from the Borough. The signs shall have a space allotted to place the name and address of the person running the sale and the signs shall be removed within 48 hours after the completion of the sale.
5.
Persons and Sales Excepted. The provisions of this section shall not apply to or affect the following persons or sales:
a.
Persons selling goods pursuant to an order or process of a court of competent jurisdiction.
b.
Persons acting in accordance with their powers and duties as public officials.
c.
Any person selling or advertising for sale an item or items of personal property which are specifically named or described in the advertisement and which separate items do not exceed 5 in number.
d.
Any publisher of a newspaper, magazine or other publication or other communication media who publishes or broadcasts in good faith without knowledge of its false, deceptive, or misleading character or without knowledge that the provisions of this section have not been complied with.
6.
Conduct of Sale. The person to whom such license is issued and the owner or tenant of the premises on which the sale or activity is conducted shall be responsible for the maintenance of good order and decorum on the premises during all hours of the sale or activity. No person shall permit any loud or boisterous conduct on the premises nor permit vehicles to impede the passage of traffic on any roads or streets in the area of the premises.
G.
Home Occupations. Home occupations shall be subject to the following regulations:
1.
The use is limited to office uses and cottage food operates as defined in this part and as permitted and regulated by N.J.A.C. 8: 24-11.1 et seq.;
2.
The use is operated by or employs in the residence only a resident or residents who are permanent full-time residents of the dwelling unit, and no other persons;
3.
No nonresident employees, customers, or business invitees or guests shall visit the dwelling unit for business purposes, excepting that no more than three customers may be on the residence site of a cottage food operate at any one time;
4.
The use shall be located in only one room of the dwelling unit, which shall not be served by an entrance separate from the household;
5.
Interior storage of materials shall consist only of supplies directly related to the permitted home occupation;
6.
There shall be no change to the exterior of buildings or structures because of the use, and no outside appearance of a business use, including, but not limited to, parking, storage, signs, or lights;
7.
The use operates no equipment or process that creates noise, vibration, glare, fumes, odors, or electrical or electronic interferences, including interference with telephone, radio or television reception, detectable by neighboring residents;
8.
The quantity and type of solid waste disposal is the same as other residential uses in the zone district;
9.
The capacity and quality of effluent is typical of normal residential use, and creates no potential or actual detriment to the sanitary sewer system, water supply, or its components;
10.
Delivery trucks shall be limited to U.S. Postal Service, United Parcel Service, Federal Express, and other delivery services providing regular service to residential uses in the zone district;
11.
All vehicular traffic to and from the home office use shall be limited in volume, type and frequency to what is normally associated with other residential uses in the zone district.
12.
Compliance with all State and Hunterdon County regulations shall be demonstrated.
H.
Off-Street Parking and Private Garages. Off-street parking and private garages for residential districts shall conform to the following requirements:
1.
Garages shall conform to the setback requirements as otherwise established in this Ordinance.
2.
No driveway shall be located closer than 5 feet in the front setback area to a side or rear property line, except for the driveway access, which can be on the line.
3.
That portion of a driveway from the street to a parking apron located directly in front of the dwelling shall not exceed 12 feet in width.
4.
No curb cut to a single family or two-family dwelling shall exceed 22 feet in width.
5.
No parking shall be permitted in the front yard.
6.
Commercial vehicles cannot be parked or stored on any site in any residential zone district.
Deviations from Subsections F2 — F4 shall be considered as waivers from the Ordinance standards.
I.
Recreational Vehicle Storage. The following requirements apply to recreational vehicle storage:
1.
Trailers, boats or boat trailers which are 21 feet or more in length as measured from outside dimensions, shall be parked or stored inside the confines of a building only.
2.
All trailers, boats or boat trailers shall be stored in side or rear yard areas only; no trailer, boat, or boat trailer shall be parked or stored in the front yard area of a lot.
3.
Each occupied single family residential property may have outside parking or storage upon it for 2 recreational vehicles or trailers, in safe and effective operating condition. All recreational vehicles and trailers shall display thereon a current State license and/or registration. No self-propelled recreational vehicle stored on the property shall exceed 40 feet in length unless within the confines of a building.
4.
At no time shall any recreational vehicle parked or stored on any lot be used for living or housekeeping purposes.
J.
Residential Swimming Pools and Cabanas. The following requirements, after application for a permit, apply to private residential swimming pools, hot tubs, and pool cabanas:
1.
No private residential swimming pool shall be constructed or installed on any lot unless the lot contains a residential building.
Pools shall be considered impervious surface, which shall not exceed the impervious surface ratio of the zone when included with other impervious surfaces. Pools shall be located in rear or side yard areas only. No swimming pool or elevated pool deck shall be closer than 10 feet to any lot line. No pool apron shall be located closer than 5 feet to any lot line.
2.
Cabanas shall not exceed 150 square feet in area and 15 feet in height. Any cabana shall be located no closer than 10 feet to any lot line unless a greater setback for an accessory structure is otherwise required.
L.
Satellite Dish and Television Antennas. Satellite dish and television antennas in single and two-family districts shall conform to the following requirements:
1.
To the greatest extent feasible, consistent with the unimpeded reception of broadcasts, antennas are to be located in a rear yard or the rear slope of a roof.
2.
An antenna that is in excess of one meter (39.37 inches) but no larger than 2 meters (78.74 inches) in diameter shall conform to the setback requirements for accessory uses and structures in the zoning district in which it is located.
3.
An antenna that is in excess of 2 meters (78.74 inches) shall conform to the rear yard setback requirements for accessory uses and structures in the zoning district in which it is located.
4.
The Administrative Officer shall have the power to waive the enforcement of this subsection upon certification from a qualified installer that conformance with these requirements will materially limit the reception of broadcasts from communications satellites.
M.
Animal Shelters and Fencing.
1.
The area which animals are kept as measured by the fenced area and the floor area of the shelter shall not exceed 5 percent of the rear yard or a maximum of 150 square feet, whichever is lesser. The percent of yard area shall be calculated based on the rear yard area.
2.
Animal shelters and their fenced enclosures shall be located a minimum of 15 feet from all property lines and a minimum of 25 feet from any structure used for human habitation, occupation or assembly and owned by anyone other than the owner of the subject property. Notwithstanding, in no case shall animal shelters and their fenced enclosure be located closer to the principal residence of a neighboring property than the principal residence of the subject property.
3.
The maximum height of any animal shelter shall be 8 feet.
N.
Solar facilities shall meet the requirements in Section 2639, Solar Energy Facilities.
[Ord. No. 2012-01]
O.
Outdoor Dining.
[Added 5-26-2020 by Ord. No. 2020-7]
1.
Outdoor dining, as defined herein, shall be specifically deemed a permitted, accessory use to a brewery; hotel; restaurant; restaurant drive-in; restaurant, fast food; retail food establishment and social club, as such uses are defined within § 1201 or elsewhere of the ordinance. Notwithstanding, outdoor dining shall not be deemed a permitted, accessory use to convenience stores.
2.
Outdoor seating shall comply with federal, state, county and/or local distancing requirements imposed by any law and/or executive order in effect at any particular time. To the extent that local requirements are permitted to preempt such federal, state and county requirements, such local requirements shall govern.
3.
Outdoor Dining Area. The area to be utilized for outdoor dining shall be known as the "outdoor dining area," which shall:
a.
Be utilized to serve food and drink to be consumed by the public at tables located adjacent to the principal building.
b.
Be located solely on the sidewalk area or privately owned property adjacent to the principal building(s) that are the subject of the application for the outdoor dining permit.
c.
Contain readily removable tables, chairs, umbrellas, heat lamps, lights and/or planters. Such items shall not be required to removed daily; however, they must be secured from the elements and improper use.
d.
Be unenclosed by fixed walls or ceilings, except for retractable awnings, umbrellas or other nonpermanent enclosures which shall in no way present a safety hazard to or impede pedestrian traffic; and
4.
Permit Required. The outdoor dining area shall be subject to the following permitting requirements:
a.
No person shall operate an outdoor dining area within the Borough without having first obtained an outdoor dining area permit in accordance with the requirements of this section. The permit shall be issued by the Zoning Official only if all requirements associated with outdoor dining herein are or will be satisfied. The use of the permit shall, however, be subject to other applicable federal, state, county and Borough regulations, executive orders and states of emergency.
b.
Permits shall be not transferable to new uses.
c.
Permits shall be automatically renewed annually if no changes to the outdoor dining plan are proposed. permits shall be newly applied for where changes to the outdoor dining area plan are proposed.
d.
A person who has received approval of the outdoor seating by resolution of the Borough planning Board or prior land use board with jurisdiction for outdoor seating is exempt from the above permitting requirement and fees set forth herein. This exemption applies only for the outdoor dining plan permitted in the approving resolution.
e.
The fee for an outdoor dining area permit shall be $50 payable upon submission of the application. This fee can be waived by Borough Council at any particular time period.
5.
Application. Each applicant for an outdoor dining area permit shall submit and file the appropriate application with the Zoning Officer, together with three copies of an outdoor dining area plan, as defined below, and the appropriate fee. The application shall be approved by the property owner. The Zoning Officer, in consultation with the Fire Marshal as necessary, shall approve, disapprove or modify the application and outdoor dining area plan within 15 business days following its submission. Adjacent business/property owners shall be permitted to submit a joint outdoor dining permit Application for their respective properties provided that at least one business is a retail food establishment as defined herein.
6.
Outdoor Dining Area Plan. The "outdoor dining area plan" shall include the following information (and such other additional information, if any as may be deemed necessary and subsequently requested by the Zoning Officer):
a.
Identification of the principal building and all properties immediately adjacent to such building, including names and addresses of the adjacent property owners; and
b.
The plan shall be drawn to scale but does not require professional seals and may be prepared by the applicant.
c.
The scaled drawing of the proposed design and location of the outdoor dining area shall include setbacks from curbs (setbacks to property lines shall not be required), all temporary structures, equipment and apparatus to be used in connection with its operation, including any proposed tables, chairs, planters, awnings, lighting, heat lamps and electrical outlets (if any); provisions for the storage of such structures, equipment and apparatus; and the location of any fire hydrant, plug or standpipe, utility pole, parking meter, or other permanent fixture between the principal building and the curb, including a clear indication of the presence of the required pedestrian passageway and ADA clearance. If the outdoor dining area is located on private property adjacent to the sidewalk, the outdoor dining area plan shall demonstrate that pedestrian traffic will in no way be impeded.
7.
Additional Rules, Regulations and Specifications. The establishment, use and operation of the outdoor dining area shall comply with all of the following additional rules, regulations and specifications:
a.
The outdoor dining area shall be operated and maintained in accordance with the outdoor dining area plan as finally approved, and by the same person who operates and maintains the abutting retail food establishment.
b.
The placement of furniture, apparatus, decoration or appurtenance used in connection with the operation of the outdoor dining area in relation to any fire hydrant, plug or standpipe permanent fixture shall be approved by specific written authorization of the Fire Official based upon his review of the outdoor dining area plan.
c.
No furniture, apparatus, decoration or appurtenance used in connection with the operation of the outdoor dining area shall be located in such a way that will impede the safe and speedy ingress and egress to or from any building or structure.
d.
Outdoor dining areas, including associated furniture, apparatus, decoration or other item used in connection with the outdoor dining, shall not be located to project or protrude into a four-foot pedestrian passageway and ADA clearance. The four-foot passageway shall be measured from the curb.
e.
Any table service provided at the outdoor seating shall be provided by persons engaged or employed for that purpose and shall be furnished to seated patrons only. Table service is not required, and retail food establishments that do not provide table service may operate outdoor seating in which patrons carry their food from inside the premises to tables located in the outdoor dining area.
f.
The outdoor dining area shall be kept clean and free of litter and shall be washed as required. Trash receptacles shall be provided as required and approved by the Zoning Officer. If no table service is provided, the trash receptacles shall include those needed for recycling.
g.
Noise shall be kept at such a level as to comply in all respects with the provisions of applicable ordinances of the Borough.
h.
The hours of operation of the outdoor dining area shall coincide with the hours of operation of the principal use to which it is accessory.
i.
Furniture, apparatus, decorations and appurtenances utilized in connection with the outdoor dining area shall be stored indoors.
j.
No food may be cooked in the outdoor dining area. Food and drink may be prepared, including but not limited to mixing of ingredients and dishing cooked food.
k.
Smoking is prohibited in outdoor dining areas.
l.
All other applicable ordinances of the Borough shall also be complied with.
8.
Consumption of Alcoholic Beverages. The applicant may permit the consumption of alcoholic beverages in the outdoor dining area as follows:
a.
An applicant that does not possess a liquor license may permit its patrons to consume alcoholic beverages brought to the premises its patrons to the extent permitted by Borough Ordinance and the Alcoholic Beverage Control Board.
b.
An applicant that possesses a plenary retail consumption permit must amend their liquor permit to include the outdoor dining area in order to permit the consumption of alcoholic beverages therein by its patrons.
9.
Notice of Violation; Failure to Comply. Upon a determination by the Zoning Officer an applicant has violated one or more of such provisions applicable to the use or operation of the outdoor dining area, the Zoning Officer shall give written notice to the applicant to correct such violation within 24 hours of the receipt of such notice. In the event that the applicant fails or refuses to correct the violation within such period, the applicant's outdoor dining area permit shall be automatically and immediately revoked without the need for further action.
10.
Appeals. Any person aggrieved by any action of the Zoning Officer may appeal as follows:
a.
If the action of the Zoning Officer concerns the denial of an outdoor dining area permit for failure to comply with the requirements of the Borough Ordinances, the appeal shall be to the Borough planning Board pursuant to the provisions of the Municipal Land Use Law, specifically N.J.S.A. 40:55D-70(a) or (b). The applicant may also apply to the Borough planning Board for a variance pursuant to the provisions of the Municipal Land Use Law, specifically N.J.S.A. 40:55D-70(c) or (d), in the event that it wishes to seek permission to operate an outdoor dining area in a location or manner that does not comply with the provisions of the Borough Ordinance.
b.
If the action of the Zoning Officer concerns the revocation of an outdoor dining area permit, the appeal shall be to the Mayor and Borough Council. The appeal shall be taken by filing a written statement fully setting forth the grounds for appeal with the Borough Clerk no later than 30 days after the notice of the action complained of has been served personally upon the applicant or mailed, postage prepaid, to the applicant at the address provided on the Application. The Borough Clerk shall set a time and place of hearing for the appeal, at which time the Mayor and Borough Council shall conduct a hearing and affirm, modify or reverse the action of the Zoning Officer that is the subject of the appeal.
11.
Penalties. Any person convicted of a violation of any of the provisions of this section shall be subject to a fine of at least $200 but not exceeding $500 for each and every offense for each day in which the violation has not been abated.
Bus Stops are conditional uses, subject to Planning Board approval including site plan approval and subject to the following requirements:
1.
Adequate circulation and stopping/drop off/and pickup area for the bus shall be provided. Turning radius for a AASHTO B-40 design vehicle shall be provided where necessary.
2.
The bus drop/off pickup area ("bus area") shall utilize an existing parking area in a commercial zone containing at least 100 parking spaces. The use of the existing parking area is not to be a deduction from parking presently credited to the principal use.
3.
The bus area shall be a minimum of 75 feet from any adjoining residential use or zone.
4.
A bus shelter, not exceeding 250 square feet, may be permitted if it is a roofed structure without heat or air conditioning.
5.
In cases where the bus area or associated automobile parking abuts a residential property or zone, there shall be a landscaped buffer strip along the perimeter of the property or zone. Such buffer strip shall be at least 8 feet in width or depth measured from the residential property line. The 5 feet of such buffer strip nearest the residential property line shall be used as a planting strip on which shall be placed a fence or plant material, trees, shrubs, plants or both, the minimum height being 6 feet. Such fence or planting strip shall be of sufficient density to provide adequate screening during all seasons of the year.
[N.J.A.C. 5:21-4.14; Ord. No. 2012-01; amended 5-26-2020 by Ord. No. 2020-7; 6-28-2021 by Ord. No. 2021-15; 9-11-2023 by Ord. No. 2023-24]
A.
An adequate number of on-street and off-street parking spaces shall be required in all developments to accommodate residents and visitors. For projects containing dwelling units required by the New Jersey Uniform Construction Code's Barrier Free Subcode (N.J.A.C. 5:23-7) to be accessible, accessible parking spaces for people with disabilities shall be provided in accordance with the requirements of the Barrier Free Subcode and shall be considered part of the total number of required spaces.
B.
For residential developments, off-street parking space shall be provided, as set forth in Table 26.1 below. If applicant does not specify the number of bedrooms per unit, note "3" for each category in Table 26.1 shall apply for the parking requirement.
C.
For nonresidential developments, off street parking spaces shall be provided in accordance with the following and Chapter 26, Table 26.2 in this section.
[Amended 6-28-2021 by Ord. No. 2021-15]
1.
In the Downtown Business (DB) District, off-street parking shall not be required for uses occupying existing floor area in existence as of the date of adoption of this Ordinance and that meet the following criteria:
Editor's Note: Paragraph C,1; C,1,a; and C,1,b were adopted 6-28-2021 by Ord. No. 2021-15.
D.
Alternative parking standards to those shown in Table 26.1 shall be accepted if the applicant demonstrates these standards better reflect local conditions. Factors affecting minimum number of parking spaces include household characteristics, availability of mass transit, urban versus suburban location, and available off-site parking resources.
| Table 26.1 Parking Requirements for Residential Land Uses(1) | |
|---|---|
| Housing Unit Type/Size(2) | Parking Space Requirement |
| Single-Family Detached | |
| 2 Bedroom | 1.5 |
| 3 Bedroom | 2.0 |
| 4 Bedroom | 2.5(3) |
| 5 Bedroom | 3.0 |
| All other housing unit parking space requirements shall comply with the requirements of the Residential Site Improvement Standards (NJAC 5:21). |
| Notes, Table 26.1: |
(1)
When determination of the required number of parking spaces results in a fractional space for the entire development, any fraction of one-half or less may be disregarded, while a fraction in excess of one-half shall be counted as one parking space.
(2)
Requirements for attached units (apartment/ condominium/townhouse) include provisions for quest parking. Guest parking shall not be concentrated in any one parking area but shall be distributed so as to provide easy access to the affordable rental residences.
(3)
If applicant does not specify the number of bedrooms per unit, this off-street parking requirement shall apply.
| SOURCE: Modified and adapted from U.S. Department of Commerce, Bureau of the Census, Public Use File — New Jersey (cross-tabulation of vehicles by housing unit for units constructed 1975 to 1980). |
| Table 26.2 Off-Street Parking Space Requirements for Nonresidential Land Uses [Amended 9-11-2023 by Ord. No. 2023-24] | |
|---|---|
| Nonresidential Land Principal Use | Required Off-Street Parking Spaces Per Indicated Area |
| Taverns/Bar | 1 per 2 seats |
| House of Worship | 1 per 3 seats |
| Bed and Breakfast | 1 per guest bedroom, and 1 per employee |
| Banks | 1 per 300 sf GFA |
| Hotels | 1 per room plus 1 per employee (maximum shift) |
| Library | 1 per 300 sf GFA |
| Health or Athletic Club | 1 per 100 sf GFA |
| Manufacturing | 1 per 1,000 sf GFA |
| Fire & Rescue | 1/300 sf GFA |
| Medical & Dental Office | 1 per 150 sf GFA |
| Convenience Store | 6 per 1,000 GFA |
| Shopping center | 1 per 200 sf GFA |
| Offices | 3.5 per 1,000 sf GFA |
| Outdoor Dining [Added 5-26-2020 by Ord. No. 2020-7] | No additional parking shall be required |
| Mortuary | 10 per viewing room/chapel |
| Research | 1 per 1,000 sf GFA |
| Restaurant | 1 per 3 seats |
| Retail use | 1 per 250 sf GFA (4 per 1,000 GFA) |
| Schools: | |
| Elementary | 2 per classroom; but not less than 1 per teacher & staff |
| Intermediate | 1.5 per classroom; but not less than 1 per teacher & staff |
| Secondary | 2.5 per classroom; but not less than 1 per teacher & staff |
| Service station | 4 per bay & work area |
| Theater (the first 75 seats shall be exempt from the parking requirement) | 1 per 3 seats |
| Notes: GFA = Gross floor area GLA = Gross leasable area |
E.
A one-car garage and driveway combination shall count as 2.0 off-street parking spaces, provided the driveway measures a minimum of 18 feet in length between the face of the garage door and the right-of-way. A two-car garage and driveway combination shall count as 3.5 off-street parking spaces, provided a minimum parking area width of 20 feet is provided for a minimum length of 18 feet as specified for a one-car garage and driveway combination.
F.
When housing is included in mixed-use development, a shared parking approach to the provision of parking shall be permitted, provided however the applicant demonstrates the adequacy of parking for the development in accordance with best design practice.
G.
When, in the judgment of the local approving authority, on-street parking is available, then only that proportion of the parking requirement which is not available on the street shall be provided on site or in off-street parking facilities. A length of 23 feet per on-street parking space shall be used in calculating the number of available on-street parking spaces.
[Amended 6-28-2021 by Ord. No. 2021-15]
H.
Shared Parking. Where an applicant persuasively demonstrates that 2 or more parking generators have complementary parking demand as demonstrated using accepted shared parking analyses, the approving authority may permit an appropriate reduction in the required total number of parking spaces.
A.
Off-street loading shall be required for every retail, industrial, institutional and governmental use for the loading and unloading of material or merchandise. Office uses in excess of 20,000 gross square feet in either a single building or in a combination of buildings as part of an office park shall also be required to provide off-street loading. Off-street loading shall be as required:
1.
Retail uses of 5,000 sf. or less shall provide one loading space 12' x 35'. Retail uses singularly or in combination shall provide one loading space 15' x 60' for each 25,000 sf. up to 100,000 sf., plus one space for each additional 100,000 sf. up to 500,000 sf., plus one additional space for each 250,000 sf. thereafter.
2.
Industrial uses shall provide one loading space 15' x 60' for each 20,000 sf. or part thereof.
3.
Institutional uses shall provide one loading space 15' x 60' for each 50,000 sf. or part thereof.
4.
Governmental uses shall provide one loading space 12' x 35' for each 100,000 sf. or part thereof.
5.
Office uses greater than 20,000 sf. shall provide one loading space 12' x 35' for each 50,000 square feet or part thereof.
B.
Additional loading spaces may be necessary and required dependent upon the specific activity.
[Ord. No. 2012-06; Ord. No. 2012-15; Ord. No. 2016-12; Ord. No. 2013-14; amended 6-10-2019 by Ord. No. 2019-12]
A.
Signs—Permitted in All Districts.
1.
The following signs are permitted in all districts in the Borough:
a.
A non-illuminated nameplate, with the name of the principal occupant and the street number and name of a private dwelling or both, with an area of not more than 144 square inches.
b.
A sign, illuminated or not, for a church, educational institution or public or quasi-public building or use, with an area of not more than 16 square feet.
c.
The following non-illuminated temporary signs:
(1)
A single sign pertaining to the lease or sale of the premises upon which it is placed, with an area of not more than 8 square feet; provided, that such sign shall be removed within 7 days after the consummation of a lease or sale of the premises.
(2)
Signs for a building, premises or part thereof, under construction or renovation, with the street number of a building and the name of the architect, engineer, landscaper, the general contractor and subcontractors, and the project title during construction on the premises. Such signs shall be located at the principal entrance and within the street line and lot lines of the premises and shall be removed within 7 days after the completion of the construction work. The total area of such signs on a lot shall not exceed 8 square feet.
(3)
Signs announcing or advertising any political, educational, religious or like campaign, drive or event; provided that the total area of all such signs on a lot shall not exceed 8 square feet.
(4)
Temporary banners.
The zoning officer may issue a permit for a banner that meets the following conditions:
(a)
(Reserved);
(b)
Promotes a one-time event such as a grand opening, holiday sale, or fund raising event;
(c)
Will be used for no more than 14 days;
(d)
Will be used (1) at the standard location across Main Street between the Historic Courthouse and the Union Hotel or (2) at the location of the business or event being advertised and up to three additional locations in the Borough, providing that the requesting party provides written permission from the owner of any location other than his or her own where the banner is to be placed.
(5)
Default Banner.
A banner (designated by the FCP or its equivalent and reviewed/approved by the SRC) may be displayed across Main Street at a location(s) approved by the Council, provided the structural stability has been confirmed by the Construction Official, for the first available one-week period every month when no other banner has been approved pursuant to Subsection A1c(4) above and, in the discretion of the Zoning Officer, it is safe to display it.
Requests for other banners shall be submitted to Borough Council for approval.
The zoning officer at his sole discretion may refer a banner request that meets the conditions listed above to Council for approval regarding concerns of colors, size, public safety, or frequency of placement.
[Ord. No. 2016-12; amended 6-10-2019 by Ord. No. 2019-12]
d.
Directional signs, not to exceed 2 square feet.
B.
Permitted Signs.
[Ord. No. 2012-15; amended 6-10-2019 by Ord. No. 2019-12]
1.
The following sign regulations are supplemented by the Table of Sign Regulations contained herein.[2] Where a conflict arises, the document with more specificity shall prevail.
[2]
Editor's Note: The Table of Sign Regulations is included as an attachment to this chapter.
2.
The following business signs are permitted for each business building in the CB, TC, DB, DB II, PO, VAS, and HR/OSS Districts.
a.
Facade (wall) signs.
(1)
A facade sign may be located on the wall surface of the principal facade of the area occupied by such business and extending not more than four inches from such wall. A business use, if located on a corner lot or abutting a parking lot containing five or more parking spaces and that provides building access to a location other than that facade facing the public street, may have a second sign located on the wall facing the other street or parking lot. The total length and area of each sign shall not exceed 50% of the linear length of the building facade (including window and door areas) to which the sign is affixed if one business or the portion of the building facade occupied by the business (demising wall to demising wall). Notwithstanding, no sign shall exceed 50 square feet except for the HR/OSS District, which sign(s) shall not exceed 100 square feet. Facade signs, excluding those in the HR/OSS district, shall not exceed two feet in height. If a shared space, the multiple tenants shall be allowed exterior signage but the total signage area for all tenants shall not exceed the area limitations herein.
(2)
Business uses without street frontage (defined as those located only in the building rear, on the upper floors, or the basement) may have one additional facade sign to be shared by all such uses on the premises. To the extent practical, it shall be located on a wall surface immediately adjacent to the main entrance to such uses and may extend not more than four inches from such wall. The total area of such sign shall not exceed eight square feet. Such businesses may, in addition, have one sign to be shared by all such businesses on or immediately adjacent to the door serving as the main entrance to such uses. The total area of such painted sign shall not exceed two square feet.
b.
Freestanding signs.
(1)
Freestanding signs, where permitted, shall be located between the principal structure and the public street and may be located in the front yard setback. The business use, if located on a corner lot, may have a second sign located between the second side of the building facing a public street and the street.
(2)
Businesses with a minimum of 500 feet on a state highway and two or more access points may have up to two signs on such frontage.
(3)
Monument signs are considered freestanding signs for purposes of determining the number or quantity permitted. Either a monument sign or a freestanding sign shall be permitted, but not both.
(4)
Notwithstanding the required setback from curb, no sign shall be located in the public right-of-way.
c.
Blade signs and canopy/awning signs.
(1)
A blade sign and/or a canopy/awning sign is permitted in addition to a facade sign.
(2)
The total area of the canopy/awning sign and the facade sign shall not exceed the area of that which is permitted for the facade sign(s) on the building facade to which each sign or set of signs is affixed.
(3)
Blade signs shall be no larger than six square feet. The signs shall be placed at a height as to not obstruct pedestrians or impair vehicular sight lines, as determined by the Zoning Officer. Where located above a pedestrian way, the bottom of the sign shall provide not less than eight feet of clearance.
3.
One canopy/awning sign and one blade sign is permitted on the principal building facade.
a.
Miscellaneous signs.
(1)
Signs on windows, and doors. Each business located at the street level may have the following signs, for the name, street, number or type of business or any combination thereof:
(a)
Two signs, with a total area not to exceed six square feet, painted or applied as a decal(s) on the windows or doors, or both, but with not more than one such sign on any window or door; except that an establishment serving food may post its menu and hours or service on the first floor facade in reasonable proximity to the front entry. Such menu sign may be no more than six square feet and may be in addition to the two signs permitted herein.
(2)
A frame sign. An A-frame sign for retail establishments in the VAS, DB and DB II Zones conforming to the following:
(a)
(Reserved)
(b)
A temporary freestanding advertisement or menu sign (A-frame sign or sandwich-board sign) may be displayed, provided only one such sign be installed per street level business establishment not to exceed six square feet in size per side. Such sign shall be placed so that a minimum of three feet of an unobstructed sidewalk width is provided.
(c)
The sign shall consist of a framed chalkboard, tack board, or similar for the listing of daily specials and hours of operation, only.
(d)
The location of the sign shall not interfere with pedestrian or vehicular traffic, as determined by the Zoning Officer.
b.
Directory signs.
(1)
A directory sign for any business building; provided, that a directory sign is minimally set back at the existing building front facade. Each side of a directory such sign may have the names of all principal tenants of the building. The area of a directory sign devoted to each tenant shall not exceed 72 square inches. The total area of such signs shall not exceed 16 square feet.
c.
Menu board signs for uses with a drive-through are permitted. The sign area of each menu board sign shall not exceed 20 square feet and shall be located adjacent to the drive-through lane. It may be internally illuminated.
d.
Special signs. Special signs serving the public convenience, such as "Notary Public," "Public Telephones," "Public Rest Rooms" or words or directions of similar import. The area of such sign shall not exceed 72 square inches. Only one sign of each type shall be displayed.
e.
Temporary paper signs. Temporary signs placed on glass which are made out of paper or similar material and containing extraordinary information pertaining to matters of limited duration, such as sales, product promotion, community, cultural, or other public events, and employment opportunities. Such signs shall not have an area exceeding 10% of the total square footage of the glass frontage of the establishment.
f.
Parking rate sign. Operators of parking garages and open lots shall post a sign setting forth all pertinent rate information. Such information shall be readily visible to potential patrons before they pull into the entryway. Such rate sign may be no more than 10 square feet and may be in addition to such other signage as is permitted herein.
g.
All deviations from the sign ordinance shall be considered "c" variances, with the exception of signs which are principal uses, including but not limited to billboards.
4.
Prohibited signs.
a.
The following signs or artificial lighting are prohibited:
(1)
Billboards.
(2)
Flashing signs or moving signs, including any sign or device or which the artificial light is not maintained stationary and constant in intensity and color at all times when in use.
(3)
Neon or neon-like signs.
(4)
Signs which compete for attention with, or may be mistaken for, a traffic signal.
5.
Location.
a.
Except as otherwise provided in the subsection, no sign shall project into a required yard or beyond the lot or street line.
b.
No sign shall be placed, inscribed or supported upon the roof, or upon any structure which extends above the roof, of any building, except such directional devices as may be required by federal or state aeronautical authorities.
c.
No sign shall be so placed as to interfere with the opening of an exit door or to obstruct any window opening of a room which is used for dwelling purposes.
d.
No part of any business sign shall project above the top or beyond the ends of the wall surface upon which it is placed.
[1]
Editor's Note: Flemington Borough - Summary of Sign Regulations is included as an attachment to this chapter.
[Ord. No. 2009-4]
A.
Intent.
This section of the Borough Code sets forth regulations regarding the low- and moderate-income housing units in the Borough consistent with the provisions of the Substantive Rules of the New Jersey Council on Affordable Housing, N.J.A.C. 5:93 et seq., the Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.1 et seq. and the Borough's constitutional obligation to provide a fair share of affordable housing for low- and moderate-income households. These regulations are also intended to provide assurances that low- and moderate-income units (the "affordable units") are created with controls on affordability over time and that low- and moderate-income people occupy these units. These regulations shall apply except where inconsistent with applicable law.
[Ord. No. 2017-9 § 2]
B.
Proportion of Low and Moderate Income Units by Sale, Rental and by Number of Bedrooms.
Except for affordable housing developments constructed pursuant to low income tax credit regulations:
1.
At least half of the "for sale" affordable units within each affordable housing development shall be affordable to low income households.
2.
At least half of the "rental" affordable units within each affordable housing development shall be affordable to low income households.
3.
At least half of the affordable units in each bedroom distribution within each affordable housing development shall be affordable to low income households.
C.
Bedroom Distribution of Affordable Units.
1.
Affordable housing developments which are not limited to age-restricted households shall be structured in conjunction with realistic market demands so that:
2.
Affordable housing developments that are limited to age-restricted households shall at a minimum have a total number of bedrooms equal to the number of age-restricted affordable units within the affordable housing development. The standard may be met by creating all one-bedroom units or by creating a two-bedroom unit for each efficiency unit.
D.
Establishing Median Income by Household Size.
1.
Median income by household size shall be established using a regional weighted average of the uncapped Section 8 income limits published by HUD computed as set forth in N.J.A.C. 5:93 or as established by the Court.
2.
Annual increases in income limits of affordable units shall be established as identified in the Affordable Housing Administrative Agent Policies and Procedures Manual for the Administration of Affordable Units.
[Ord. No. 2017-9 § 2]
E.
Establishment of Rents and Prices of Units as Related to Household Size and Number of Units.
1.
In conjunction with realistic market information the following shall be used to determine maximum rents and sales prices of the affordable units:
a.
Efficiency units shall be affordable to one-person households.
b.
A one-bedroom unit shall be affordable to a one- and one-half person household.
c.
A two-bedroom unit shall be affordable to a three-person household.
d.
A three-bedroom unit shall be affordable to a four- and one-half person household.
e.
A four-bedroom unit shall be affordable to a six-person household.
2.
For assisted living facilities the following standards shall be used:
3.
In referring certified households to specific restricted units, to the extent feasible, and without causing an undue delay in occupying the unit, the administrative agent shall strive to:
F.
Establishing Average Rents of Affordable Units.
1.
The maximum rent of affordable units within each affordable housing development shall be affordable to households earning no more than 60 percent of median income. The average rent for low- and moderate-income units shall be affordable to households earning no more than 52 percent of median income. Restricted rental units shall establish at least one rent for each bedroom type for all low and moderate income units provided at least 13 percent of all low- and moderate-income units are affordable to households earning no more that 35 percent of median income.
[Ord. No. 2017-9 § 2]
2.
Low- and moderate-income units shall utilize the same heating source as market units within an inclusionary development.
3.
Gross rents including an allowance for utilities shall be established for the various size affordable units at a rate not to exceed 30 percent of the gross monthly income of the appropriate household size. The allowance for utilities shall be consistent with the utility allowance approved by NJDCA for use in its Section 8 Program.
4.
No affordable rental units included in the COAH requirement shall be subject to a rent control ordinance which may be adopted or in place in the Borough of Flemington during the time period in which affordable housing COAH controls are effective.
5.
Annual increases in rents of affordable units shall be established as identified in the Affordable Housing Administrative Agent Policies and Procedures Manual for the Administration of Affordable Units.
[Ord. No. 2017-9 § 2]
G.
Establishing Average Sales Prices of Affordable Units.
1.
The maximum sales price of restricted ownership units within each affordable development shall be affordable to households earning no more than 70 percent of median income. Each affordable development must achieve an affordability average of 55 percent for restricted ownership units. Moderate income ownership units must be available for at least 3 different prices for each bedroom type and low-income ownership units must be available for at least 2 different prices for each bedroom type.
2.
Low- and moderate-income units shall utilize the same heating source as market units within an inclusionary development.
3.
The initial purchase price for all restricted ownership units shall be calculated so that the monthly carrying costs of the unit, including principal and interest (based on a mortgage loan equal to 95 percent of the purchase price and the Federal Reserve H.15 rate of interest), taxes, homeowner and private mortgage insurance and condominium or homeowner association fees do not exceed 28 percent of the eligible monthly income of an appropriate household size as determined under N.J.A.C. 5:80-26.4; provided, however, that the price shall be subject to the affordability average requirement of N.J.A.C. 5:80-26.3.
4.
Annual increases in resale prices of affordable units shall be established as identified in the Affordable Housing Administrative Agent Policies and Procedures Manual for the Administration of Affordable Units.
[Ord. No. 2017-9 § 2]
H.
Affordable Housing Units: Condominium or Homeowners Association Fees.
1.
If an affordable housing unit is part of a condominium association or homeowner's association, the Master Deed shall reflect that the assessed affordable homeowner's fee be established at 100 percent of the market rate fee. This percentage assessment shall be recorded in the Master Deed.
I.
Reservation of Units.
1.
Very low income housing units shall be reserved for households with a gross income equal to or less than 30 percent of the median income approved by COAH.
2.
Low income housing units shall be reserved for households with a gross household income equal to or less than 50 percent of the median income approved by COAH.
3.
Moderate income housing units shall be reserved for households with a gross household income in excess of 50 percent but less than 80 percent of the median income approved by COAH.
J.
Reoccupancy Certificates.
1.
Upon resale of an affordable unit, a Certificate of Reoccupancy shall be required in accordance with N.J.A.C. 5:80-26.10.
K.
Phasing Of Construction.
1.
Final site plan or subdivision approval shall be contingent upon the affordable housing development meeting the following phasing schedule for low- and moderate-income units whether developed in one stage or in 2 or more stages.
| Minimum Percentage of Low & Moderate Income Units Completed | Percentage of Market Housing Units Completed |
|---|---|
| 0 | 25 |
| 10 | 25 + 1 unit |
| 50 | 50 |
| 75 | 75 |
| 100 | 90 |
L.
Control Period for Affordable Housing.
1.
Any conveyance of a newly constructed low or moderate income sales unit shall contain the restrictive covenants and liens that are set forth in N.J.A.C. 5:80-26 et seq.
M.
Time Period For Controls.
1.
Newly constructed low and moderate income "rental" units shall remain affordable to low- and moderate-income households for a period of at least 30 years.
2.
Newly constructed low and moderate income "for sale" units shall remain affordable to low- and moderate-income households for a period of at least 30 years.
3.
Rehabilitated owner-occupied single family housing units that are improved to code standard shall be subject to affordability controls for 10 years.
4.
Rehabilitated renter-occupied housing units that are improved to code standard shall be subject to affordability controls for at least 10 years.
5.
Housing units created through conversion of a nonresidential structure shall be considered a new housing unit and shall be subject to affordability controls for new housing units as designated in items 1 and 2 above.
6.
Affordability controls for units in alternative living arrangements shall be for a period of 30 years.
7.
Market to affordable units shall remain affordable to low and moderate income households for a period of at least 30 years.
8.
Extension of control units shall remain affordable to low and moderate income households for a period of at least 30 years.
N.
Selection of Occupants of Affordable Units.
O.
Adaptable and Accessible Units.
1.
The first floor of all townhouse dwelling units and of all other multistory dwelling units which are affordable to low or moderate households shall be subject to the technical design standards of the Barrier Free Subcode (N.J.A.C. 5:23-7).
2.
Each affordable townhouse unit or other affordable multistory dwelling unit that is attached to at least one other dwelling unit shall have the following features:
a.
An adaptable toilet and bathing facility on the first floor;
(1)
An adaptable kitchen on the first floor;
b.
An accessible route of travel;
(1)
An interior accessible route of travel shall not be required between stories.
c.
An adaptable room that can be used as a bedroom, with a door or the casing for the installation of a door, on the first floor; and
d.
Accessible Entranceways.
(1)
The developer shall provide an accessible entranceway as set forth at P.L.2005, c. 350 (N.J.S.A. 52:27D-311a et seq.) and the Barrier Free Subcode (N.J.A.C. 5:23-7) for each affordable townhouse unit or other affordable multistory dwelling unit and is attached to at least one other dwelling unit; or
(2)
The developer shall provide funds sufficient to make 10 percent of the adaptable entrances in the development accessible as set forth at P.L.2005, c. 350 (N.J.S.A. 52:27D-311a et seq.) and the Barrier Free Subcode (N.J.A.C. 5:23-7).
e.
The developer of the project shall submit a conversion plan indicating the steps necessary to convert the unit from being adaptable to accessible. Said plan shall be submitted at the time of issuance of a building permit.
f.
Where the developer will provide funds sufficient to make 10 percent of the adaptable entrances in the development accessible, the developer of the project shall submit the following to the Borough, at the time of issuance of the building permit, in order to determine the required funds:
g.
In the case of an affordable unit or units which are constructed with an adaptable entrance, upon the request of a disabled person who is purchasing or will reside in the dwelling unit, an accessible entrance shall be installed by the Borough.
P.
Administration of Affordable Housing Program.
1.
Flemington Borough is ultimately responsible for administering the affordable housing program, including affordability controls and the Affirmative Marketing Plan in accordance with the regulations of the Council on Affordable Housing pursuant to N.J.A.C. 5:93 et seq. and the New Jersey Uniform Housing Affordability Controls pursuant to N.J.A.C. 5:80-26 et seq.
2.
Establishment of Municipal Housing Liaison Position and compensation; powers and duties.
a.
Establishment of position of Municipal Housing Liaison. There is hereby established the position of Municipal Housing Liaison for the Borough of Flemington.
b.
Subject to the approval of the Council on Affordable Housing (COAH) or the Court, the Municipal Housing Liaison shall be appointed by the Governing Body and may be a full or part time municipal employee.
c.
The Municipal Housing Liaison shall be responsible for oversite and administration of the affordable housing program for the Borough of Flemington, including the following responsibilities which may not be contracted out, exclusive of item (6) which may be contracted out:
(1)
Serving as the Borough of Flemington's primary point of contact for all inquiries from the State, affordable housing providers, Administrative Agents, and interested households;
(2)
Monitoring the status of all restricted units in the Borough of Flemington's Fair Share Plan;
(3)
Compiling, verifying, and submitting annual reports as required by COAH or the Court;
(4)
Coordinating meetings with affordable housing providers and Administrative Agents, as applicable;
(5)
Attending continuing education opportunities on affordability controls, compliance monitoring, and affirmative marketing as offered or approved by COAH or the Court;
d.
Flemington Borough will contract with or authorize a consultant, authority, government or any agency charged by the Governing Body, which entity shall have the responsibility of administering the affordable housing program of the Borough of Flemington, except for those responsibilities that may not be contracted out pursuant to Subsection c above. If the Borough of Flemington contracts with one or more administrative agents to administer some or all of the affordable housing program, including the affordability controls and/or the Affirmative Marketing Plan the Municipal Housing Liaison shall supervise the contracting Administrative Agent.
e.
Compensation. Compensation shall be fixed by the Governing Body at the time of the appointment of the Municipal Housing Liaison.
3.
Administrative Agent. The Borough of Flemington intends to contract with an administrative agent to administer the sale and rental of all new affordable housing. The Administrative Agent will oversee and administer income qualification of low- and moderate-income households; place income eligible households in low- and moderate-income units upon initial occupancy; place income eligible households in low- and moderate-income units as they become available during the period of affordability controls and enforce the terms of the required deed restrictions and mortgage loans. The administrative agent will specifically administer and implement:
a.
An administrative plan and program, and related monitoring and reporting requirements as outlined in N.J.A.C. 5:80-26.15 et seq. and N.J.A.C. 5:93.
b.
A plan for certifying and verifying the income of low- and moderate-income households as per N.J.A.C. 5:80-26.16
c.
Procedures to assure that low- and moderate-income units are initially sold or rented to eligible households and are thereafter similarly re-sold and re-rented during the period while there are affordability controls as per N.J.A.C. 5:80-26 et seq.
d.
The requirement that all newly constructed low- and moderate-income sales or rental units contain deed restrictions with appropriate mortgage liens as set forth in Appendices in N.J.A.C. 5:80-26 et seq.
e.
The several sales/purchase options authorized under N.J.A.C. 5:80-26 et seq. except that the Borough retains the right to determine by resolution whether or not to prohibit, as authorized under N.J.A.C. 5:80-26 et seq., the exercise of the repayment option.
f.
The regulations determining 1) whether installed capital improvements will authorize an increase in the maximum sales price; and 2) which items of property may be included in the sales price as per N.J.A.C. 5:80-26.9.
4.
The developers/owners of any inclusionary site shall be responsible for the administrative fee, affirmative marketing and advertising and such shall be a condition of Planning or Zoning Board approval.
5.
Flemington Borough reserves the right to replace the administrative agent with another municipal authority or other agency authorized by COAH to carry out the administrative processes outlined above.
[Ord. No. 2017-9 § 2]
Q.
Enforcement of Affordable Housing Regulations.
1.
Upon the occurrence of a breach of any of the regulations governing the affordable unit by an Owner, Developer or Tenant the municipality shall have all remedies provided at law or equity, including but not limited to foreclosure, tenant eviction, municipal fines, a requirement for household recertification, acceleration of all sums due under a mortgage, recoupment of any funds from a sale in the violation of the regulations, injunctive relief to prevent further violation of the regulations, entry on the premises, and specific performance.
2.
After providing written notice of a violation to an Owner, Developer or Tenant of a low- or moderate-income unit and advising the Owner, Developer or Tenant of the penalties for such violations, the municipality may take the following action against the Owner, Developer or Tenant for any violation that remains uncured for a period of 60 days after service of the written notice:
a.
The municipality may file a court action pursuant to N.J.S.A. 2A:58-11 alleging a violation, or violations, of the regulations governing the affordable housing unit. If the Owner, Developer or Tenant is found by the court to have violated any provision of the regulations governing affordable housing units the Owner, Developer or Tenant shall be subject to one or more of the following penalties, at the discretion of the court:
(1)
Pursuant to N.J.S.A. 40:49-5, a fine of not more than $2,000 or imprisonment for a period not to exceed 90 days, or both. Each and every day that the violation continues or exists shall be considered a separate and specific violation of these provisions and not as a continuing offense;
(2)
In the case of an Owner who has rented his or her low- or moderate-income unit in violation of the regulations governing affordable housing units, payment into the Flemington Borough Affordable Housing Trust Fund of the gross amount of rent illegally collected;
(3)
In the case of an Owner who has rented his or her low- or moderate-income unit in violation of the regulations governing affordable housing units, payment of an innocent tenant's reasonable relocation costs, as determined by the court.
b.
The municipality may file a court action in the Superior Court seeking a judgment, which would result in the termination of the Owner's equity or other interest in the unit, in the nature of a mortgage foreclosure. Any judgment shall be enforceable as if the same were a judgment of default of the First Purchase Money Mortgage and shall constitute a lien against the low- and moderate-income unit.
3.
Such judgment shall be enforceable, at the option of the municipality, by means of an execution sale by the Sheriff, at which time the low- and moderate-income unit of the violating Owner shall be sold at a sale price which is not less than the amount necessary to fully satisfy and pay off any First Purchase Money Mortgage and prior liens and the costs of the enforcement proceedings incurred by the municipality, including attorney's fees. The violating Owner shall have the right to possession terminated as well as the title conveyed pursuant to the Sheriff's sale.
4.
The proceeds of the Sheriff's sale shall first be applied to satisfy the First Purchase Money Mortgage lien and any prior liens upon the low- and moderate-income unit. The excess, if any, shall be applied to reimburse the municipality for any and all costs and expenses incurred in connection with either the court action resulting in the judgment of violation or the Sheriff's sale. In the event that the proceeds from the Sheriff's sale are insufficient to reimburse the municipality in full as aforesaid, the violating Owner shall be personally responsible for and to the extent of such deficiency, in addition to any and all costs incurred by the municipality in connection with collecting such deficiency. In the event that a surplus remains after satisfying all of the above, such surplus, if any, shall be placed in escrow by the municipality for the Owner and shall be held in such escrow for a maximum period of two years or until such earlier time as the Owner shall make a claim with the municipality for such. Failure of the Owner to claim such balance within the two-year period shall automatically result in a forfeiture of such balance to the municipality. Any interest accrued or earned on such balance while being held in escrow shall belong to and shall be paid to the municipality, whether such balance shall be paid to the Owner or forfeited to the municipality.
5.
Foreclosure by the municipality due to violation of the regulations governing affordable housing units shall not extinguish the restrictions of the regulations governing affordable housing units as the same apply to the low- and moderate-income unit. Title shall be conveyed to the purchaser at the Sheriff's sale, subject to the restrictions and provisions of the regulations governing the affordable housing unit. The Owner determined to be in violation of the provisions of this plan and from whom title and possession were taken by means of the Sheriff's sale shall not be entitled to any right of redemption.
6.
If there are no bidders at the Sheriff's sale, or if insufficient amounts are bid to satisfy the First Purchase Money Mortgage and any prior liens, the municipality may acquire title to the low- and moderate-income unit by satisfying the First Purchase Money Mortgage and any prior liens and crediting the violating owner with an amount equal to the difference between the First Purchase Money Mortgage and any prior liens and costs of the enforcement proceedings, including legal fees and the maximum resale price for which the low- and moderate-income unit could have been sold under the terms of the regulations governing affordable housing units. This excess shall be treated in the same manner as the excess which would have been realized from an actual sale as previously described.
7.
Failure of the low- and moderate-income unit to be either sold at the Sheriff's sale or acquired by the municipality shall obligate the Owner to accept an offer to purchase from any qualified purchaser which may be referred to the Owner by the municipality, with such offer to purchase being equal to the maximum resale price of the low- and moderate-income unit as permitted by the regulations governing affordable housing units.
8.
The Owner shall remain fully obligated, responsible and liable for complying with the terms and restrictions of governing affordable housing units until such time as title is conveyed from the Owner.
[Ord. No. 2017-9 § 2]
[Ord. No. 2009-4]
A.
Affirmative Marketing Plan.
1.
Flemington Borough shall adopt by resolution an affirmative marketing plan, subject to approval of COAH, compliant with N.J.A.C. 5:80-26.15, as may be amended and supplemented.
2.
The affirmative marketing plan is a regional marketing strategy designed to attract buyers and/or renters of all majority and minority groups, regardless of race, creed, color, national origin, ancestry, marital or familial status, gender, affectional or sexual orientation, disability, age or number of children to housing units which are being marketed by a developer, sponsor or owner of affordable housing. The affirmative marketing plan is also intended to target those potentially eligible persons who are least likely to apply for affordable units in that region. It is a continuing program that directs all marketing activities toward COAH Housing Region 3 and covers the period of deed restriction.
3.
The administrative agent designated by the Flemington Borough shall assure the affirmative marketing of all affordable units consistent with the affirmative marketing plan for the municipality.
4.
In implementing the affirmative marketing plan, the administrative agent shall provide a list of counseling services to low- and moderate-income applicants on subjects such as budgeting, credit issues, mortgage qualification, rental lease requirements, and landlord/tenant law.
5.
The affirmative marketing process for available affordable units shall begin at least 4 months prior to the expected date of occupancy.
6.
The costs of advertising and affirmative marketing of the affordable units shall be the responsibility of the developer, sponsor or owner, unless otherwise determined or agreed to by Flemington Borough.
[Ord. Nos. 13A-2000, 2001-7, 1-2002, 2005-7, 2005-22, 2008-9, 2008-13 and 2009-3]
A.
Purpose.
1.
In Holmdel Builder's Association V. Holmdel Township, 121 N.J. 550 (1990), the New Jersey Supreme Court determined that mandatory development fees are authorized by the Fair Housing Act of 1985 (the Act), N.J.S.A. 52:27D-301 et seq., and the State Constitution, subject to the Council on Affordable Housing's (COAH's) adoption of rules.
2.
Pursuant to P.L. 2008, c.46 Section 8 (N.J.S.A. 52:27D-329.2) and the Statewide Non-Residential Development Fee Act (N.J.S.A. 40:55D-8.1 through 8.7), COAH is authorized to adopt and promulgate regulations necessary for the establishment, implementation, review, monitoring and enforcement of municipal affordable housing trust funds and corresponding spending plans. Municipalities that are under the jurisdiction of the Council or court of competent jurisdiction and have a COAH-approved spending plan may retain fees collected from nonresidential development.
3.
This section establishes standards for the collection, maintenance, and expenditure of development fees pursuant to COAH's regulations and in accordance with P.L. 2008, c.46, Sections 8 and 32 through 38. Fees collected pursuant to this section shall be used for the sole purpose of providing low- and moderate-income housing. This section shall be interpreted within the framework of COAH's rules on development fees, codified at N.J.A.C. 5:97-8.
C. AFFORDABLE HOUSING DEVELOPMENT COAH OR THE COUNCIL DEVELOPMENT DEVELOPMENT FEE EQUALIZED ASSESSED VALUE GREEN BUILDING STRATEGIES
Definitions.
As used in this section, the following terms shall have the following meanings:
A development included in the Housing Element and Fair Share Plan, and includes, but is not limited to, an inclusionary development, a municipal construction project or a 100 percent affordable development.
The New Jersey Council on Affordable Housing established under the Act which has primary jurisdiction for the administration of housing obligations in accordance with sound regional planning consideration in the State.
The legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.
Money paid by a developer for the improvement of property as permitted in N.J.A.C. 5:97-8.3.
The assessed value of a property divided by the current average ratio of assessed to true value for the municipality in which the property is situated, as determined in accordance with Sections 1, 5, and 6 of P.L.1973, c.123 (N.J.S.A. 54:1-35a through 54:1-35c).
Those strategies that minimize the impact of development on the environment, and enhance the health, safety and well-being of residents by producing durable, low-maintenance, resource-efficient housing while making optimum use of existing infrastructure and community services.
D.
Residential Development Fees.
1.
Imposed Fees.
a.
All residential developers, except for developers of the types of development specifically exempted below, shall pay a fee of 1.5% of the equalized assessed value for residential development provided no increased density is permitted.
b.
When an increase in residential density pursuant to N.J.S.A. 40:55D-70d(5) (known as a "d" variance) has been permitted, developers may be required to pay a development fee of 6% of the equalized assessed value for each additional unit that may be realized. However, if the zoning on a site has changed during the two-year period preceding the filing of such a variance application, the base density for the purposes of calculating the bonus development fee shall be the highest density permitted by right during the two-year period preceding the filing of the variance application.
2.
Eligible Exactions, Ineligible Exactions and Exemptions for Residential Development.
a.
Affordable housing developments and developments where the developer has made a payment in lieu of on-site construction of affordable units shall be exempt from development fees.
b.
Development fees shall not be imposed where reconstruction results from fire, flood or natural disaster.
c.
Developments that have received preliminary or final site plan approval prior to the adoption of municipal development fee ordinance shall be exempt from development fees, unless the developer seeks a substantial change in the approval. Where a site plan approval does not apply, a zoning and/or building permit shall be synonymous with preliminary or final site plan approval for this purpose. The fee percentage shall be vested on the date that the building permit is issued.
d.
Expansion of a residential building, where no new units is constructed, shall be exempt from development fees.
e.
Development fees shall be imposed and collected when an existing structure undergoes a change to a more intense use or is demolished and replaced if the expansion is not otherwise exempt from the development fee requirement. The development fee shall be calculated on the increase in the equalized assessed value of the improved structure.
E.
Nonresidential Development Fees.
1.
Imposed Fees.
a.
Within all zoning districts, nonresidential developers, except for developers of the types of development specifically exempted, shall pay a fee equal to 2.5% of the equalized assessed value of the land and improvements, for all new nonresidential construction on an unimproved lot or lots.
b.
Nonresidential developers, except for developers of the types of development specifically exempted, shall also pay a fee equal to 2.5% of the increase in equalized assessed value resulting from any additions to existing structures to be used for nonresidential purposes.
c.
Development fees shall be imposed and collected when an existing structure is demolished and replaced. The development fee of 2.5% shall be calculated on the difference between the equalized assessed value of the pre-existing land and improvement and the equalized assessed value of the newly improved structure, i.e. land and improvement, at the time final certificate of occupancy is issued. If the calculation required under this section results in a negative number, the nonresidential development fee shall be zero.
2.
Eligible Exactions, Ineligible Exactions and Exemptions for Nonresidential Development.
a.
The nonresidential portion of a mixed-use inclusionary or market rate development shall be subject to the 2.5% development fee, unless otherwise exempted below.
b.
The 2.5% fee shall not apply to any increase in equalized assessed value resulting from alterations, change in use within existing footprint, reconstruction, renovations and repairs.
c.
Nonresidential developments shall be exempt from the payment of nonresidential development fees in accordance with the exemptions required pursuant to P.L. 2008, c.46, as specified in the Form N-RDF "State of New Jersey Non-Residential Development Certification/ Exemption" Form. Any exemption claimed by a developer shall be substantiated by that developer.
d.
A developer of a nonresidential development exempted from the nonresidential development fee pursuant to P.L. 2008, c.46 shall be subject to it at such time the basis for the exemption no longer applies, and shall make the payment of the nonresidential development fee, in that event, within three years after that event or after the issuance of the final certificate of occupancy of the nonresidential development, whichever is later.
e.
If a property which was exempted from the collection of a nonresidential development fee thereafter ceases to be exempt from property taxation, the owner of the property shall remit the fees required pursuant to this section within 45 days of the termination of the property tax exemption. Unpaid nonresidential development fees under these circumstances may be enforceable by Flemington Borough as a lien against the real property of the owner.
F.
Collection Procedures.
1.
Upon the granting of a preliminary, final or other applicable approval for a development, the applicable approving authority shall direct its staff to notify the Construction Official responsible for the issuance of a building permit.
2.
For nonresidential developments only, the developer shall also be provided with a copy of Form N-RDF "State of New Jersey Non-Residential Development Certification/Exemption" to be completed as per the instructions provided. The developer of a nonresidential development shall complete Form N-RDF as per the instructions provided. The Construction Official shall verify the information submitted by the nonresidential developer as per the instructions provided in the Form N-RDF. The Tax Assessor shall verify exemptions and prepare estimated and final assessments as per the instructions provided in Form N-RDF.
3.
The Construction Official responsible for the issuance of a building permit shall notify the local Tax Assessor of the issuance of the first building permit for a development which is subject to a development fee.
4.
Within 90 days of receipt of that notice, the Tax Assessor, based on the plans filed, shall provide an estimate of the equalized assessed value of the development.
5.
The Construction Official responsible for the issuance of a final certificate of occupancy notifies the Tax Assessor of any and all requests for the scheduling of a final inspection on property which is subject to a development fee.
6.
Within 10 business days of a request for the scheduling of a final inspection, the Tax Assessor shall confirm or modify the previously estimated equalized assessed value of the improvements of the development, calculate the development fee, and thereafter notify the developer of the amount of the fee.
7.
Should Flemington Borough fail to determine or notify the developer of the amount of the development fee within 10 business days of the request for final inspection, the developer may estimate the amount due and pay that estimated amount consistent with the dispute process set forth in Subsection b of Section 37 of P.L. 2008, c.46 (N.J.S.A. 40:55D-8.6).
8.
Fifty (50%) percent of the development fee shall be collected at the time of issuance of the building permit. The remaining portion shall be collected at the issuance of the certificate of occupancy. The developer shall be responsible for paying the difference between the fee calculated at building permit and that determined at issuance of certificate of occupancy.
9.
Appeal of Development Fees.
a.
A developer may challenge residential development fees imposed by filing a challenge with the County Board of Taxation. Pending a review and determination by the Board, collected fees shall be placed in an interest-bearing escrow account by Flemington Borough. Appeals from a determination of the Board may be made to the tax court in accordance with the provisions of the State Tax Uniform Procedure Law, N.J.S.A. 54:48-1 et seq., within 90 days after the date of such determination. Interest earned on amounts escrowed shall be credited to the prevailing party.
b.
A developer may challenge nonresidential development fees imposed by filing a challenge with the Director of the Division of Taxation. Pending a review and determination by the Director, which shall be made within 45 days of receipt of the challenge, collected fees shall be placed in an interest-bearing escrow account by Flemington Borough. Appeals from a determination of the Director may be made to the tax court in accordance with the provisions of the State Tax Uniform Procedure Law, N.J.S.A. 54:48-1 et seq., within 90 days after the date of such determination. Interest earned on amounts escrowed shall be credited to the prevailing party.
G.
Affordable Housing Trust Fund.
1.
There is hereby created a separate, interest-bearing housing trust fund to be maintained by the Chief Financial Officer for the purpose of depositing development fees collected from residential and nonresidential developers and proceeds from the sale of units with extinguished controls.
2.
The following additional funds shall be deposited in the affordable housing trust fund and shall at all times be identifiable by source and amount:
a.
Payments in lieu of on-site construction of affordable units;
b.
Developer-contributed funds to make 10% of the adaptable entrances in a townhouse or other multistory attached development accessible;
c.
Rental income from municipally operated units;
d.
Repayments from affordable housing program loans;
e.
Recapture funds;
f.
Proceeds from the sale of affordable units; and
g.
Any other funds collected in connection with Flemington Borough's affordable housing program.
3.
Within 7 days from the opening of the trust fund account, Flemington Borough shall provide COAH with written authorization, in the form of a three-party escrow agreement between the municipality, the bank and COAH to permit COAH to direct the disbursement of the funds as provided for in N.J.A.C. 5:97-8.13(b).
4.
All interest accrued in the housing trust fund shall only be used on eligible affordable housing activities approved by COAH.
H.
Use of Funds.
1.
The expenditure of all funds shall conform to a spending plan approved by COAH. Funds deposited in the housing trust fund may be used for any activity approved by COAH to address Flemington Borough's fair share obligation and may be set up as a grant or revolving loan program. Such activities include, but are not limited to: preservation or purchase of housing for the purpose of maintaining or implementing affordability controls, rehabilitation, new construction of affordable housing units and related costs, accessory apartment, market to affordable, or regional housing partnership programs, conversion of existing nonresidential buildings to create new affordable units, green building strategies designed to be cost saving and in accordance with accepted national or state standards, purchase of land for affordable housing, improvement of land to be used for affordable housing, extensions or improvements of roads and infrastructure to affordable housing sites, financial assistance designed to increase affordability, administration necessary for implementation of the Housing Element and Fair Share Plan, or any other activity as permitted pursuant to N.J.A.C. 5:97-8.7 through 5:97-8.9 and specified in the approved spending plan.
2.
Funds shall not be expended to reimburse Flemington Borough for past housing activities.
3.
At least 30% of all development fees collected and interest earned shall be used to provide affordability assistance to low- and moderate-income households in affordable units included in the municipal Fair Share Plan. One-third (1/3) of the affordability assistance portion of development fees collected shall be used to provide affordability assistance to those households earning 30% or less of median income by region.
a.
Affordability assistance programs may include down payment assistance, security deposit assistance, low interest loans, rental assistance, assistance with homeowners' association or condominium fees and special assessments, and assistance with emergency repairs.
b.
Affordability assistance to households earning 30% or less of median income may include buying down the cost of low- or moderate-income units in the municipal Fair Share Plan to make them affordable to households earning 30% or less of median income. The use of development fees in this manner shall entitle Flemington Borough to bonus credits pursuant to N.J.A.C. 5:97-3.7.
c.
Payments in lieu of constructing affordable units on site and funds from the sale of units with extinguished controls shall be exempt from the affordability assistance requirement.
4.
Flemington Borough may contract with a private or public entity to administer any part of its Housing Element and Fair Share Plan, including the requirement for affordability assistance, in accordance with N.J.A.C. 5:96-18.
5.
No more than 20% of all revenues collected from development fees, may be expended on administration, including, but not limited to, salaries and benefits for municipal employees or consultant fees necessary to develop or implement a new construction program, a Housing Element and Fair Share Plan, and/or an affirmative marketing program. In the case of a rehabilitation program, no more than 20% of the revenues collected from the development fees shall be expended for such administrative expenses. Administrative funds may be used for income qualification of households, monitoring the turnover of sale and rental units, and compliance with COAH's monitoring requirements. Legal or other fees related to litigation opposing affordable housing sites or objecting to the Council's regulations and/or action are not eligible uses of the affordable housing trust fund.
I.
Monitoring.
1.
Flemington Borough shall complete and return to COAH all monitoring forms included in monitoring requirements related to the collection of development fees from residential and nonresidential developers, payments in lieu of constructing affordable units on site, funds from the sale of units with extinguished controls, barrier-free escrow funds, rental income, repayments from affordable housing program loans, and any other funds collected in connection with Flemington Borough's housing program, as well as to the expenditure of revenues and implementation of the plan certified by COAH. All monitoring reports shall be completed on forms designed by COAH.
J.
Ongoing Collection of Fees.
1.
The ability for Flemington Borough to impose, collect and expend development fees shall expire with its substantive certification unless Flemington Borough has filed an adopted Housing Element and Fair Share Plan with COAH, has petitioned for substantive certification, and has received COAH's approval of its development fee ordinance. If Flemington Borough fails to renew its ability to impose and collect development fees prior to the expiration of substantive certification, it may be subject to forfeiture of any or all funds remaining within its municipal trust fund. Any funds so forfeited shall be deposited into the "New Jersey Affordable Housing Trust Fund" established pursuant to Section 20 of P.L. 1985, c.222 (N.J.S.A. 52:27D-320). Flemington Borough shall not impose a residential development fee on a development that receives preliminary or final site plan approval after the expiration of its substantive certification or judgment of compliance, nor shall Flemington Borough retroactively impose a development fee on such a development. Flemington Borough shall not expend development fees after the expiration of its substantive certification or judgment of compliance.
[Ord. No. 2009-15; Ord. No. 2017-10; amended 4-11-2022 by Ord. No. 2022-3]
A.
This requirement shall apply beginning with the effective date of this section to any multifamily or single-family attached residential development, including the residential portion of a mixed-use project, which consists of five or more new residential units, whether permitted by a zoning amendment, a variance granted by the Planning Board, or adoption of a redevelopment plan or amended redevelopment plan in areas in need of redevelopment or rehabilitation.
B.
For any such development for which the Borough's land use ordinances (e.g., zoning or an adopted redevelopment plan) already permitted residential development as of the effective date of Ordinance No. 2017-10, adopted August 14, 2017, this requirement shall only apply if the Borough permits an increase in the gross residential density to at least twice the permitted density as calculated based upon the zone district's permitted front setback, side setback, rear setback, principal building height, floor area ratio, and impervious coverage (excluding § 2637).
C.
For inclusionary projects in which the low- and moderate-units are to be offered for sale, the set-aside percentage should be 20%, for projects in which the low- and moderate-income units are to be offered for rent, the set-aside percentage should be 15%.
D.
The developer shall provide that half of the low- and moderate-income units constructed be affordable by low-income households and that the remaining half be affordable by moderate-income households. At least 13% of all restricted units shall be very low-income units (affordable to a household earning 30% or less of median income). The very low-income units shall be counted as part of the required number of low-income units within the development.
E.
Subdivision and site plan approval shall be denied by the Board unless the developer complies with the requirements to provide low- and moderate-income housing pursuant to the provisions of this section. A property shall not be permitted to be subdivided so as to avoid meeting this requirement. The Board may impose any reasonable conditions to ensure such compliance.
F.
Nothing in this subsection precludes the Borough from imposing an affordable housing set-aside in a development not required to have a set-aside pursuant to this subsection consistent with N.J.S.A. 52:27D-311(h) and other applicable law.
G.
This requirement does not create any entitlement for a property owner or applicant for a zoning amendment, variance, or adoption of a redevelopment plan or amended redevelopment plan in areas in need of redevelopment or rehabilitation, or for approval of any particular proposed project.
H.
This requirement does not apply to any sites or specific zones otherwise identified in the Fair Share Plan, for which density and set-aside standards shall be governed by the specific standards set forth therein.
[Ord. No. 2012-01]
[Ord. No. 2012-01]
A.
Green roofs shall not contribute toward impervious cover calculations.
B.
With the exception of pedestrian, bicycle and vehicle circulation routes, impervious surfaces shall be disconnected, such that the contributing flow path is no more than 75 feet.
C.
The impervious cover limits for all commercial and multi-family developments which disturb 2,000 square feet or more or proposes to increase impervious cover by 200 square feet or more shall be subject to the following:
1.
The permitted impervious cover shall be 20 percentage points below that which is permitted from the maximum identified in the zone district unless the following conditions are met:
[Ord. No. 2012-01]
A.
Community gardening where permitted shall be exempt from site plan approval. Community garden structures and uses shall not be required to meet the setback requirements of the zone district but instead shall have a minimum setback of 5 feet from all property lines.
1.
Site users must have an established set of operating rules addressing the governance structure of the garden, hours of operation, maintenance and security requirements and responsibilities; a garden coordinator to perform the coordinating role for the management of the community gardens and to liaise with the Borough; and must assign garden plots in a fair and impartial manner according to the operating rules established for that garden. The name and telephone number of the garden coordinator and a copy of the operating rules shall be kept on file at the Borough Clerk's office.
2.
The site shall be designed and maintained so that water will not drain onto adjacent properties.
3.
There shall be no retail sales on site, except for whole fresh products grown on the site, such as fruit, vegetables and flowers.
4.
No building or structures shall be permitted on the site with the exception of storage sheds, greenhouses that consist of buildings made of glass, plastic, or fiberglass in which plants are cultivated, benches, bike racks, raised/accessible planting beds, compost or waste bins, picnic tables, seasonal farm stands, fences, garden art, rain barrel systems, and children's play areas shall be permitted. The combined area of all buildings or structures shall not exceed 15 percent of the garden areas.
5.
Any signs and fences shall comply with applicable Borough ordinances.
B.
Outdoor planters and rooftop gardens shall be exempt from setback requirements and site plan approval.
[Ord. No. 2012-01]
A.
Solar facilities shall be permitted to be accessory uses which may be ground mounted and mounted to principal and accessory structures and buildings. Facilities which constitute principal uses, pursuant to Section 1201, shall be prohibited.
B.
Applicants are encouraged to enter into solar easements with neighboring property owners in order to ensure continuing access to sunlight for a solar facility.
C.
Solar facilities do not count in the calculation of maximum lot coverage or maximum impervious cover, unless the area under the system (excluding the footings) consists of an impervious material, such as pavement. Nevertheless, the design of the systems shall comply with all Borough stormwater, grading, and soil disturbance regulations.
D.
A zoning permit must be issued for all systems.
E.
Ground systems shall meet the side and rear yard setback standards for accessory structures in the zone which the structure is located.
F.
Ground systems shall not be located in the front yard.
G.
Ground mounted facilities greater than 1,000 square feet shall meet the following:
1.
One or more of the following must be provided beneath the structures: meadow, grass, agricultural area for crops, or parking spaces.
2.
Site disturbance including but not limited to, grading, soil removal, excavation, and soil compaction, including beneath a ground mounted system, shall be minimized to the extent practical.
3.
Mounting of the solar structures shall minimize impervious surfaces except for concrete footings or other support systems.
4.
Ground systems shall have a solid screen of evergreen plantings and/or a fence shall be provided along property lines shared with a residential zone district and rights-of-way.
5.
The minimum height of the screening shall be 8 feet when planted.
6.
Existing vegetation shall be retained to the extent practical.
H.
All electrical control equipment shall be labeled and secured to prevent unauthorized access.
I.
There shall be no signs that are visible from any public road posted on a solar facility or any associated building or structure, except for the manufacturer's or installer's identification, appropriate warning signs, or owner identification.
J.
Roof mounted systems shall be mounted parallel to the roof angle and shall not exceed a height of 18 inches above the roofline. Notwithstanding, systems shall not exceed the maximum building height in the zone district.
K.
The following standards apply to properties within the Borough's historic district where the solar panels will be visible from a public right-of-way within the historic district:
1.
Installation of solar panels shall not alter significant or character-defining features of a historic resource, such as altering existing roof lines or dormers. Installations that obstruct views of significant architectural features (such as overlaying windows or decorative detailing) or intrude on views of neighboring historic properties in an historic district shall be prohibited.
2.
Roof mounted systems shall be mounted parallel to the roof angle and shall not exceed a height of 6 inches above the roofline. Notwithstanding, systems shall not exceed the maximum building height in the zone district.
3.
On flat roofs, solar panels shall be set back from the edge so that they are not visible from the public right-of-way.
4.
Solar panels should be located on one roof plane (as opposed to scattered among several roofs) and arranged in a pattern that matches the general shape and configuration of the roof upon which they are mounted.
5.
Ensure that solar panels, support structures, and conduits blend into the surrounding features of the historic resource. The overall visibility and reflectivity of solar panels and their support structures can be substantially reduced if elements of the solar installation match the surrounding building fabric in color.
6.
Solar panel installations should be reversible. The use of solar roof tiles, laminates, glazing, and other technologies that require the removal of intact historic fabric or that permanently alter or damage such fabric should be avoided. Consider the type and condition of the existing building fabric for which solar panels installation is proposed, as well as the method of attachment and future removal. Minimizing the number of points of attachment, including the use of brackets, will avoid damaging historic fabric.
L.
A permit issued pursuant to this Ordinance shall expire if:
1.
The solar or photovoltaic facility is not installed and functioning within 24 months from the date the permit is issued; or
2.
The solar or photovoltaic facility is out of service or otherwise unused for a continuous 18-month period.
3.
A solar or photovoltaic facility that is out-of-service for a continuous 12 -month period will be deemed to have been abandoned.
4.
The Borough may issue a Notice of Abandonment to the owner of a solar or photovoltaic facility that is deemed to have been abandoned. The notice shall be sent return receipt requested.
5.
The owner shall have the right to respond to the Notice of Abandonment within 30 days from notice receipt date.
6.
If the owner provides information that demonstrates the solar or photovoltaic facility has not been abandoned, the Borough shall withdraw the Notice of Abandonment and notify the owner that the notice has been withdrawn.
7.
If the Borough determines that the solar or photovoltaic facility has been abandoned, the owner of the solar or photovoltaic facility shall remove the photovoltaic panels, inverters, interconnection hardware, substations, racking or mounting structures, fencing, and all other structures and equipment at the owner's sole expense within 6 months after the owner receives the Notice of Abandonment.
8.
If the owner fails to remove the equipment in the time allowed under Subsection L7 above, the Borough may pursue legal action to have the solar or photovoltaic facility removed at the owner's expense.
[Ord. No. 2011-26]
A.
Purpose. The purpose of the Redevelopment Office/Senior Housing Overlay Zone is to provide alternative uses for the area generally bounded by portions of the following roads: Walter Foran Boulevard, Hopewell Avenue, and Park Avenue as depicted on the Zoning Map, and also known as Block 5, Lots 1 and 2; Block 13, Lots 15 and 16; Block 14, Lots 1, 2, 3, 18, 19, 19.89, 19.87, 19.85, 19.83 and 19.81.
1.
Promote development of compact, pedestrian-oriented mixed uses including assisted living senior citizen residential with retail, office and open space;
2.
Encourage pedestrian-oriented development within walking distance of transit opportunities at densities and intensities that will help to support transit usage, and town center businesses;
3.
Promote the health and well-being of residents by encouraging physical activities and greater social interaction.
B.
Permitted Uses.
C.
D.
Area, Yard, Height and Building Coverage.
1.
Minimum lot size shall be 3 acres.
2.
Build-to-line shall be 12 feet from the right-of-way.
3.
Building height shall not exceed 4 stories. Stories may not exceed 14 feet in height from finished floor to finished ceiling, except for the first floor commercial function, which shall be a minimum of 11 feet with a maximum of 25 feet. A single floor level exceeding 14 feet, or 25 feet at ground level, shall be counted as 2 stories. Mezzanines extending beyond 33 percent of the floor area shall be counted as an additional story. In a parking structure or garage, each above-ground level counts as a single story regardless of its relationship to habitable stories.
4.
Maximum impervious surface ratio (ISR) shall not exceed 0.80 ISR.
5.
Maximum square feet of retail, sales and services shall not exceed 30,000 sf.
6.
Maximum square feet of medical and dental offices shall not exceed 50,000 sf.
E.
Architectural Requirements.
3.
The following are prohibited.
a.
Undersized shutters (the shutter or shutters must be sized to as to equal the width that would be required to cover the window opening).
b.
Reflective and/or bronze tint glass.
c.
Backlit awnings.
d.
Glossy-finish awnings.
e.
Exposed cell phone towers.
f.
Fences made of chain link, barbed wire, vinyl, plain wire mesh, or coated chain line concealed by hedges or other landscaping may be permitted by special approval only.
4.
The existing historic train depot identified on Block 14, Lots 1 and 2 shall be retained and preserved in accordance with Secretary of Interior's Standards for Rehabilitation. Review and recommendation shall be made by the Flemington Historic Preservation Commission.
5.
A minimum area of 5,000 sf shall be devoted to public open space, which shall be located at a strategic location where it can be seen by the traveling public and accessed by residents of the neighborhood.
6.
No parking shall be permitted fronting on public streets but shall be located internal to the site and screened with landscaping including trees and shrubs.
F.
Solar Design Features.
1.
The building should provide south shading with properly sized overhangs or building appurtenances on south facing glazing to provide shade in the summer and allow light to penetrate in the winter.
2.
Windows should be oriented to make the best use of passive solar.
3.
The primary roof façade should face as close to solar south as possible to allow for installation or retrofit with solar panels.
[Prior § 2641 Mixed-Use Multifamily Overlay Zone was repealed 9-11-2023 by Ord. No. 2023-23. History includes Ord. No. 2020-2.]
