Borough of Elmwood Park, NJ Use Regulations

[1969 Code § 88-19; Ord. No. 1978-6]

Uses of land and buildings permitted in the districts established under Subsection 34-5.1 are tabulated in § 34-7. In these tables, "P" shall denote a use permitted by right; "C" shall denote a use permitted only by conditional use approval granted in accordance with § 34-31 of this chapter; and "-" (a dash) shall denote a use that is prohibited in the district. Other uses not listed shall be prohibited.

§ 34-7 TABLE OF USE REGULATIONS. [1]

[1]

Editor's Note: See Subsection 34-6.1 for explanation of symbols.

§ 34-7.1 Residential Uses.

[1969 Code § 88-20.1; Ord. No. 1978-6; Ord. No. 78-10; Ord. No. 85-1; Ord. No. 85-21; Ord. No. 98-13; Ord. No. 02-23 § 7; Ord. No. 03-10 § 1; Ord. No. 10-14 § 3]

34-7.1, Residential Uses.
LAND USE	R-3	R-5	R-9	R-18	R-MF	C-L	C-G	C-O	I-R	I-G	POP
Detached one-family dwelling	P	P	P	P	P	P	—	—	—	—	—
Semi-detached and two-family dwelling	—	P	—	P	P	P	—	—	—
Townhouse (one-family attached)	—	—	—	C	P	P	—	—	—	—	—
Multi-family dwelling or apartment house	—	—	—	—	P	—	—	—	—	—	—
Dwelling in a permitted commercial building	—	—	—	—	—	C	—	—	—	—	—
Rooming, lodging, or boarding house	—	—	—	—	—	C	—	—	—	—	—
Conversion of existing one-family dwelling to accommodate 2 or more families	—	—	—	P	C	—	—	—	—	—	—
Conversion of existing one-family dwellings to accommodate 3 or more families	—	—	—	—	C	—	—	—	—	—	—

No person shall rent, lease, solicit, advertise for, offer, permit, allow for rent or allow the use or occupancy of any dwelling unit for a period of 28 days or less. Nothing shall prevent lawful rental and occupancy of a dwelling unit for a rental period of more than 28 days.

[Added 3-19-2020 by Ord. No. 20-06]

§ 34-7.2 Public, Recreational and Institutional Uses.

[1969 Code § 88-20.2; Ord. No. 1978-6; Ord. No. 85-1; Ord. No. 98-13; Ord. No. 2015-13]

34-7.2, Public, Recreational and Institutional Uses.
		Zoning Districts
LAND USE		R-3	R-5	R-9	R-18	R-MF	C-L	N-C	C-G	C-O	I-R	I-G	POP
a.	Public park, playground	P	—	P	P	P	P	P	P	P	P	P	P
b.	Cemeteries	—	—	—	—	—	—		—	—	—	—	—
c.	Municipal offices, (municipal) facilities, community centers, libraries, fire stations	—		—	—	—	P	P	P	P	P	P	P
d.	Church	—	—	—	—	—	P	P	—	—	—	—	—
e.	Nursing care home	C	—	C	C	C	—		—	—	—	—	—
f.	Public or private schools, day nurseries	—	—	—	—	—	P	P	—	—	—	—	—
g.	Gymnasium, health club, swim club, tennis club	—	—	—	—	—	—	—	P	—	P	—	P
h.	Other clubs, social halls, lodges, fraternal organizations and similar uses except where the chief activity is a service customarily carried on as a business	C	—	C	C	C	P	P	P	P	—	—	—
i.	Commercial marina for the sale, mooring, and rental of boats	—	—	—	—	—	—	—	P	—	—	P	C

§ 34-7.3 Commercial Uses.

[1969 Code § 88-20.3; Ord. No. 1978-6; Ord. No. 79-4; Ord. No. 85-1; Ord. No. 85-21; Ord. No. 88-10; Ord. No. 98-13; Ord. No. 10-10; Ord. No. 14-06 § 2; Ord. No. 2015-13; amended 8-19-2021 by Ord. No. 21-13]

34-7.3, Commercial Uses.
			Zoning Districts
LAND USE			R-3	R-5	R-9	R-18	R-MF	C-L	N-C	C-G	C-O	I-R	I-G	POP
a.	Hotel or motel		—	—	—	—	—	—		P	—	—	—	C
b.	Home occupation or home professional office		—	—	—	—	P	P	P	—	P	—	—	—
c.	Retail establishment serving local area needs including, but not limited to, drug, grocery, and baked goods store
	1.	Up to 5,000 square feet of floor area per establishment	—	—	—	—	—	P	P	P	—	—	—	—
	2.	Exceeding 5,000 square feet of floor area per establishment	—	—	—	—	—	—		—	—	—	—	—
d.	Other retail establishments		—	—	—	—	—	P	P	P	—	—	—	—
e.	Personal and consumer service establishments including, but not limited to, barber or beauty shops		—	—	—	—	—	P	P	P	—	—	—	C
f.	Tavern, bar, liquor store		—	—	—	—	—	P	P	P	—	—	—	—
g.	Business and professional offices, banks		—	—	—	—	—	P	P	P	P	P	—	P
h.	Funeral home		—	—	—	—	—	C	C	C	C	—	—	—
i.	Restaurant selling food for consumption entirely indoors on the premises		—	—	—	—	—	P	P	P	P	—	—	C
j.	Place of commercial recreation such as a theater or bowling alley where the use is conducted entirely indoors		—	—	—	—	—	—	—	P	—	—	P	—
k.	Gasoline station, car wash		—	—	—	—	—	—	—	—	—	—	—	—
l.	Public garage or auto repair shop; excluding the repair of heavy motorized equipment		—	—	—	—	—	—	—	C	—	C	C	—
m.	Establishment for the sale of automobiles, trucks, travel trailers, and major recreational equipment but excluding heavy repair of same		—	—	—	—	—	—	—	C	—	—	C	—
n.	Animal hospital or commercial kennel		—	—	—	—	—	C	C	C	—	C	C	—
o.	Drive-in restaurant; fast food service establishment		—	—	—	—	—	P	P	P	P	—	—	C
p.	Farm market, nursery, commercial greenhouse including the sale of products grown on the premises		—	—	—	—	—	—	—	—	—	—	—	—
q.	Accessory uses shall be garages to provide for off-street parking facilities normally associated with office buildings, loading docks or loading areas as normally associated with office buildings		—	—	—	—	—	—	—	—	—	—	—	—
r.	Day spa or salon that offers massage		—	—	—	—	—	—	—	—	—	—	—	—
s.	Cannabis Retailers licensed by the State of New Jersey and the Borough of Elmwood Park Cannabis delivery services: cannabis delivery services are hereby prohibited from operating anywhere in the Borough of Elmwood Park, except for the delivery of cannabis items and related supplies by a licensed cannabis delivery service based and initiated from a cannabis delivery service licensed location outside of the Borough of Elmwood Park									C

§ 34-7.4 Industrial, Utility, Wholesale and Transportation Uses.

[1969 Code § 88-20.4; Ord. No. 1978-6; Ord. No. 85-1; Ord. No. 98-13; Ord. No. 2015-13; amended 8-19-2021 by Ord. No. 21-13]

34-7.4, Industrial, Utility, Wholesale and Transportation Uses.
			Zoning Districts
LAND USE			R-3	R-9	R-18	R-MF	C-L	N-C	C-G	C-O	I-R	I-G	POP
a.	Manufacturing, assembly, processing, packaging, research and testing operations including the following uses, provided that such operations shall be conducted entirely within an enclosed building or structure:
	1.	Products developed from previously refined or similarly processed materials such as bone, ceramic, cloth, glass, leather, metals, plastics, paper, rubber (except tires), wood (except planing mills)	—	—	—	—	—	—	—	—	P	P	—
	2.	Electrical and mechanical instruments and appliances, optical goods	—	—	—	—	—	—	—	—	P	P	—
	3.	Cosmetics, toiletries, and pharmaceutical products	—	—	—	—	—	—	—	—	P	P	—
	4.	Administrative offices and data processing centers	—	—	—	—	—	—	—	P	P	—	P
	5.	Laboratory for scientific and industrial research including testing and product development	—	—	—	—	—	—	—	—	P	P	C
b.	Printing and publishing establishments		—	—	—	—	—	—	—	—	P	P	—
c.	Contractor's or craftsman's shop including carpentry, welding ornamental iron works, electrical and machine shops		—	—	—	—	—	—	—	—	C	C	—
d.	Warehouse, beverage or milk bottling plant, frozen food locker, ice manufacturing plant, wholesale establishment, and similar distribution center		—	—	—	—	—	—	—	—	P	P	—
e.	Open storage of new building materials, machinery and metal products, but not including junk, scrap metal, waste paper and similar used materials		—	—	—	—	—	—	—	—	—	P	—
f.	Open storage of coke, coal, sand or other similar materials or storage in silos or hoppers; the storage of flammable liquids, gas or explosives shall be prohibited		—	—	—	—	—	—	—	—	—	P	—
g.	General industrial uses, including manufacture, assembly, processing, packaging or other industrial operation such as, but not limited to the following: steam laundry, dry cleaning and rug cleaning establishment, food products manufacture, machine shop, stone and monumental work, bottling works, box manufacture, textile manufacture, manufacture of boots and shoes, which would not be offensive because of injurious or obnoxious noise, vibration, smoke, gas, fumes, odor, dust, or other objectionable feature, or become hazardous to the community on account of fire or explosion or any other cause, but the following are expressly prohibited:		—	—	—	—	—	—	—	—	—	P	—
1.	Acid manufacture
2.	Explosive or fireworks manufacture
3.	Glue manufacture
4.	Incineration or reduction of garbage, offal or dead animals, except such processing as may be conducted by the Borough
5.	Petroleum refining
6.	Smelting of zinc, copper, tin or iron ores
7.	Abattoir
8.	Manufacture or research involving use of any radioactive materials
h.	Motor or rail freight yard or building for the storing and servicing of trucks, trailers or buses		—	—	—	—	—	—	—	—	—	P	—
i.	Taxi, rail, bus passenger terminal		—	—	—	—	C	C	—	—	P	P	—
j.	Essential public services such as transformer stations, substations, pumping stations, automatic telephone exchanges:
1.	Not including outdoor vehicle or equipment storage		—	—	—	—	—	—	—	—	—	—	—
2.	Including outdoor storage		—	—	—	—	—	—	—	—	—	—	—
k.	Cannabis Suppliers licensed by the State of New Jersey and the Borough of Elmwood Park		—	—	—	—	—	—	—	—	C	C	—

§ 34-8 POP FRONTAGE REQUIREMENTS.

[1969 Code § 88-20.5; Ord. No. 1978-6; Ord. No. 85-1]

The minimum frontage requirements for each lot in the POP District shall be in accordance with the following schedule:

Lot sizes (acres)	Minimum frontage requirements (feet)
Less than 10	350
10 or more	400

§ 34-9 PLANNED OFFICE PARK ZONE DISTRICT.

[1969 Code § 88-21; Ord. No. 1978-6; Ord. No. 85-21; Ord. No. 90-5; Ord. No. 90-6; Ord. No. 2015-08]

Objectives.

It is the purpose of the Planned Office Park Zone District to provide for the development needs of large scale office headquarters of corporations and establishments that wish to locate conveniently close to the metropolitan transportation arteries and subject to the following:

Prohibited uses shall be manufacturing, fabricating, assembling, and industrial uses of all kinds, warehousing uses, trucking terminals, and drive-in theaters.

Front yard and on-street parking shall also be prohibited.

This statement of objectives is not intended to limit the prohibited uses; uses not specifically permitted shall be understood to be prohibited.

The establishment of the new zone will involve the reuse and redevelopment of some improved lands. Hence it is the expressed objective of this chapter to avoid rendering pre-existing uses of certain developed lands from becoming nonconforming uses; to this extent the continuance, enlargement or extension of any use existing within a building or structure at the time of the adoption hereof shall be deemed permitted, provided the said continuance, enlargement or extension is limited to within the confines of said building, buildings, structure or structures as the same shall exist, at the time of the adoption of this chapter anything to the contrary herein contained herein in this chapter notwithstanding.

Landscaping. In the POP Planned Office Park District all that portion of a parcel which is not utilized by the permissible maximum lot coverage shall be properly landscaped.

Site plan application shall be required to include a landscape plan, prepared by a registered landscape architect, or architect, providing a planting plan, and a schedule stipulating the number, species, and size of all proposed trees and other plant materials.

Front yard parking is prohibited in the POP Zone. Wherever for special reasons such parking is required, it shall be:

A minimum of 100 feet from the street line.

Separated from the street by a five foot landscaped earthen berm, planted with two staggered rows of evergreen trees planted 15 feet on center, minimum six feet high above grade to form an effective visual screen.

Site Plan Approval.

Site plan approval shall be required, in conformance with § 34-59, Site Plan Review, of this chapter, for the construction, or erection of, or alterations of, or addition to, every building, structure, and/or accessory structures customarily related thereto.

(a)

Site Plan approval shall be required in conformance with § 34-59, Site Plan Review, of this chapter for every change in use to ensure that parking requirements as set forth in other standards and regulations are complied with, subject to the Planning Board's right to waive said site plan review on an application for continuing Certificate of Occupancy under Subsection 34-58.2, c or 34-59.7, e.

(b)

(Deleted by Ord. No. 2015-08]

Cash Deposit. Whenever due to inclement weather during the period of November 15 through April 15 of the following year, it may not be feasible to install landscaping as required by site plan approval due to inclement weather, the Construction Official may authorize the issuance of a Certificate of Occupancy where landscaping is not installed, or minor construction details are not complete, provided that a cash deposit sufficient to accomplish all uncompleted work set forth on site plan is posted with the Borough of Elmwood Park. The Construction Official will exercise his decision based on the following standards:

(a)

That the applicant would suffer severe financial loss unless a Certificate of Occupancy is issued and that a temporary Certificate of Occupancy would not suffice.

(b)

That the construction is of a minor nature, meaning it does not make up a large cost item in the overall site plan, and that the site can be used with the minor item omitted without endangering the health and welfare of the public or those using the premises.

(c)

That weather conditions will make it unlikely that the landscaping, given all reasonable care, would survive.

(d)

That the sum deposited would cover the cost of completing the work to be done. The cost is to be computed with a contingency factor of 20% based on two estimates by independent contractors, said estimates to be paid for by the applicant and the contractors chosen by the Director of Public Works, or, in the alternative, the applicant may obtain a cost estimate prepared by the Director of Public Works.

(e)

That the construction or the permanence of the construction would be jeopardized by existing weather conditions.

Agreement. The applicant must also execute an agreement to complete the work as soon as weather permits and in no instance after more than 180 days from the date of the final approval. Failure to complete the work within 180 days shall constitute sufficient authorization for the Director of Public Works to utilize the cash deposit and have all work completed as shown on the approved site plan.

Conditional Use Criteria.

Design of Structure. The design of any structure in connection with a conditional use facility shall conform to the general character of the area and neighborhood.

Adverse Environmental Effects. Any adverse effects to the safety and aesthetics of the surrounding neighborhood shall be effectively minimized by mechanical devices and procedures and by sufficient fencing, landscaping and setbacks.

Landscaped Open Space Area. In order to provide for much needed pervious area for drainage purposes, a minimum of 25% of total lot area shall be maintained in lawns, gardens, buffer strips, woodlands, subject to site.

§ 34-10 AGE RESTRICTED HOUSING OVERLAY (ARHO) DISTRICT.

§ 34-10.1 Purpose.

[Ord. No. 03-11 § 1]

In recognition of demographic trends toward an aging of the population, the Borough of Elmwood Park has created an Age Restricted Housing Overlay District to provide multifamily housing in an adult community setting to address the growing demand for this type of housing. The development of age restricted housing is in accordance with the provisions of the Federal Fair Housing Act. The higher residential density provided in the Age Restricted Housing Overlay District is offset by the fact that age restricted households typically consist of fewer persons and there are no school age children, as compared to traditional single family dwellings.

§ 34-10.2 Lands in Age Restricted Housing Overlay District.

[Ord. No. 03-11 § 2]

The ARHO District encompasses all properties in Block 1105 in the Borough of Elmwood Park.

§ 34-10.3 Relationship to Underlying Zone District.

[Ord. No. 03-11 § 3]

Land in the Age Restricted Housing Overlay District may be developed in accordance with the regulations applicable to either the underlying zone district, or the ARHO district.

§ 34-10.4 Definitions.

[Ord. No. 03-11 § 4]

The following definitions pertain to the ARHO District:

AGE RESTRICTED HOUSING

Shall mean a multi-unit residential development providing housing for households where at least one person in the household is 55 years of age or older. No resident in a household shall be less than 19 years of age. A surviving resident may be less than 55 years of age, should one occupant become deceased.

Visitors less than 19 years of age are permitted for no more than eight weeks during any twelve-month period. The age restriction shall not apply to resident employees, such as a building manager or superintendent.

BUFFER

Shall mean a contiguous area of specified width adjacent to a lot either in its natural state or planted with evergreen or other suitable vegetation so as to form an effective year-round noise and visual screen. Such areas may contain fences, underground utilities and earth berms, but shall not include any principal or accessory building or use, parking areas and aisles or storage areas, except that driveways providing access from the street onto the site (which extend through a front yard buffer) may be included. Approved signs may also be placed in a required buffer.

GATEHOUSE

Shall mean an accessory structure located at the entrance to the residential development restricting access to the site. The types of restriction can range from an elaborate manned guardhouse to a simple electronic arm. Residents may enter by electronic cards, identification stickers, codes, or remote control devices. Visitors may be stopped to register for entry.

§ 34-10.5 Age Restriction in Master Deed.

[Ord. No. 03-11 § 5]

The age restricted occupancy restriction shall be set forth in the master deed or other recorded instrument applicable to all of the dwellings in the development. The master deed or other recorded instrument shall contain procedures governing the sale, transfer and rental of units within the district so that the developer and homeowner's association can enforce the occupancy restrictions set forth herein. The deed restriction shall also be set forth, or referred to, in every deed conveyance to an individual dwelling unit in the development and the bylaws of the homeowner's association.

§ 34-10.6 Permitted Uses.

[Ord. No. 03-11 § 6]

The following uses are permitted in the ARHO District:

Principal Permitted Uses.

Multi-family units for age restricted households.

Permitted Accessory Uses.

Recreational uses to serve the needs of residents in the development, such as, but not limited to the following: common open space, walking and jogging paths, gazebos and trellises, swimming pools, putting greens, shuffleboard and bocce courts, and tennis courts.

Clubhouse buildings, and indoor athletic and recreational facilities to serve residents in the development such as exercise facilities, meeting rooms, multipurpose rooms, and other facilities for social activities.

Administrative/homeowner's association office, mailboxes/mail room, maintenance and equipment storage, utilities.

Private and shared garages and off street parking for private vehicles.

Fences and walls.

§ 34-10.7 Area and Bulk Regulations.

[Ord. No. 03-11 § 7]

The following area and bulk regulations are applicable:

Requirement	ARHO District
Minimum Lot Area (acres)	5
Minimum Lot Frontage (feet)	150
Minimum Front Yard (feet)	50
Minimum Side Yard (feet)	25
Minimum Rear Yard (feet)	25
Maximum Building Coverage (percent)	35
Maximum Impervious Coverage (percent)	65
Maximum Building Height (stories/feet)	3 residential stories above at-grade parking/47.5 (3 over garage)
Maximum Density (dwelling units per acre)	26.0
Minimum Distance Between Buildings (feet)
Front to Front	60
Side to Side	55
Front to Side	60
Rear to Rear	60
Maximum Building Length (feet)	300
Minimum Parking Setback (feet)
From Public Street Right-of-Way	20
From Side or Rear Lot Line	20
From Principal Building	10
Minimum Buffer Width (feet)	10

§ 34-10.8 Additional Regulations.

[Ord. No. 03-11 § 8]

The following additional regulations are applicable:

Building Compatibility and Facade Variation. Each building and structure in the complex shall have a compatible architectural theme with appropriate variations in design to enhance the aesthetic and visual appearance of the development. Building facade variations are required as follows: one facade design variation to occupy a minimum width of four feet for every 75 feet of building length. A break may consist of a balcony, deck or architectural treatment.

Rooftop Appurtenances. Appurtenances shall be limited to elevator penthouse, stairwell enclosure and air conditioning, heating, ventilation and mechanical equipment necessary to operate the building. Skylights, spires, cupolas and flagpoles shall be exempt from the maximum height requirement. Parapets may be used to screen roof-mounted structures and equipment from view.

Buffers. Buffer areas shall remain in their natural state, when wooded. When natural vegetation is sparse or nonexistent, the landowner may be required to provide a year-round visual screen as determined by the approving authority. Buffer areas, including fences, landscaping and berms, shall be used to minimize any adverse impacts or nuisances from the site to adjacent areas and shall be provided as follows:

Along property lines, shielding various uses from one another;

Where interior roads or driveways run parallel with roadways exterior to the site;

Where parking areas are located;

Near refuse storage areas and loading areas;

To shield areas from noise or other adverse conditions.

No principal or accessory use or structure, including, without limitation, off-street parking and loading areas, shall be permitted within the required buffer area; but the approving authority may, upon a finding of reasons thereof, permit a portion of the buffer to be used for utility easements or streets to ensure access to or from adjacent property.

Required buffers may be included in the computation of open space requirements and may be conveyed to unit owners as part of common open space elements, but in no case shall a buffer area be utilized for any active recreational use.

Permitted Extensions into Required Setbacks. Extensions into the required separations between buildings, and setbacks from buildings to streets, parking areas and external lines shall be permitted as follows:

Eaves with an overhang of not more than two feet;

Rainwater leaders, windowsills, chimneys and other similar fixtures;

Bay windows not more than 12 feet wide and for a depth not to exceed two feet;

Open porch or steps leading into the building, which shall not have a sidewall or other enclosure and may have a fixed roof, canopy or other covering, limited to the dimensions of said porch;

A patio, provided that the surface shall not be more than 18 inches above the ground level, and cannot extend from the building for a depth greater than 10 feet, and that the improved area shall be without walls and railings, and shall be without a roof, canopy or other fixed covering;

Cantilevered balconies, provided such balcony does not extend from the building for a depth greater than six feet.

Screening of Air Conditioning Units. All ground-mounted air conditioning units in excess of 2,500 BTUs shall be screened and insulated for aesthetic and acoustical purposes if they are less than 10 feet from the sidewalks and parking areas.

§ 34-10.9 Recreation and Common Open Space Requirements.

[Ord. No. 03-11 § 9]

The following regulations apply to open space within the development:

A minimum 10% of the total site land area shall be devoted to active and/or passive recreation space.

Areas of the development shall be provided for conservation, recreation and open space to provide adequate active and/or passive recreation space for residents of the development.

At least one active recreation amenity shall be provided with facilities and/or buildings and structures for indoor and/or outdoor recreational activities consistent with the residential character of the development and the lifestyle needs of the residents.

All open space shall be connected to residential areas with walkways or other reasonable means of access.

Rights-of-way, parking areas and interior roadways shall not be considered open space.

Land occupied by above ground and/or below ground detention facilities may be included in the open space calculation.

Buffer areas may be included in the open space calculation and yard setbacks.

§ 34-10.10 Accessory Buildings.

[Ord. No. 03-11 § 10]

Accessory buildings and structures in the ARHO District are subject to the following requirements:

The maximum height for an accessory building/structure is 25 feet.

A gatehouse shall be considered an accessory building and may be located at the entrance driveway to the development.

Accessory buildings and structures shall be at least 10 feet from any side or rear property line. They shall be at least 25 feet from any public street right-of-way line.

Minimum setback of accessory building/use to another structure, lot line, internal roadway or parking area shall be as follows:

To principal building: 25 feet.

To another accessory building/structure: 15 feet.

Minimum setback of swimming pools, tennis courts, and other surface active recreational facilities from external property lines: 25 feet.

To internal roadway or parking area: 15 feet.

§ 34-10.11 Required Parking, Roadways and Sidewalks.

[Ord. No. 03-11 § 11]

The amount of parking required shall be in accordance with the New Jersey Residential Site Improvement Standards. Required off street parking may be provided in private driveways, garages, common garages under residential buildings and surface parking lots.

Private interior roadways shall have a minimum paved width of 24 feet for two-way traffic and 22 feet for one-way traffic.

Parking shall be located within 200 feet of the housing, with the exception of guest parking.

Sidewalks shall be provided within the interior of the development to connect buildings and parking areas. Sidewalks shall be a minimum of four feet in width and provide for normal pedestrian flow between the building and parking area.

§ 34-10.12 Lighting.

[Ord. No. 03-11 § 12]

Freestanding light fixtures on site shall have a maximum mounting height of 18 feet and utilize nonglare, recessed lenses focused downward with cutoff shields where appropriate to mitigate adverse impacts on adjoining property and overhead skyglow.

§ 34-10.13 Refuse Storage and Collection.

[Ord. No. 03-11 § 13]

Areas shall be designated to accommodate the storage and collection of refuse on site. There shall also be areas for the separation and collection of recyclable materials. Said areas shall be screened from view by appropriate fencing, walls, plantings or a combination thereof.

§ 34-10.14 Signage.

[Ord. No. 03-11 § 14]

Each development is permitted one project identification sign to convey the name and/or address of the development. The sign shall be a ground-mounted monument style sign. The sign shall have a maximum height of six feet, and a maximum area of 50 square feet on each side. The sign area shall not include the monument support. The sign may be double-sided. The sign shall have a minimum setback of five feet from any property line. Lighting for such signs shall be external and focused directly on the sign.

Additional signage may be permitted by the planning board on site for directional purposes. Directional signs shall be limited to a maximum height of three feet and an area of nine square feet.

§ 34-11 AH-1 AFFORDABLE HOUSING DISTRICT.

§ 34-11.1 Purpose.

[Ord. No. 10-15 § 3]

The purpose of this new district is to encourage the development of multi-family housing which would include rental dwelling units for low- and moderate-income households in the amount of 15% of the total number of dwelling units.

§ 34-11.2 Permitted Uses.

[Ord. No. 10-15 § 3]

The following uses are permitted in the AH-1 Affordable Housing District.

Principal Permitted Uses. Multi-family housing at a maximum density of 40 dwelling units per acre but not to exceed one 108 dwelling units.

Access driveways and parking for uses in the abutting AH-2 Zone.

Accessory Uses. Uses customarily incidental to the principal use of a building which accessory uses may be on the same lot as the principal building or may be on an abutting lot in the AH-2 Zone.

§ 34-11.3 Area and Bulk Requirements.

[Ord. No. 10-15 § 3]

Requirement	AH-1 District
Minimum lot area	2.5 acres
Minimum lot frontage	50 feet
Minimum front yard	60 feet
Minimum side yard	60 feet
Minimum rear yard	60 feet
Maximum building coverage	40%
Maximum impervious coverage	90%
Maximum building height	4 stories
Minimum parking setback to principal building	5 feet
Minimum parking setback to POP Zone and to River Drive	5 feet

§ 34-11.4 Additional Regulations.

[Ord. No. 10-15 § 3]

The following additional regulations are applicable:

Of the total number of dwelling units in the AH-1 Zone, 15% shall be dedicated for rental occupancy by low- and moderate-income households. In the event that 16 affordable units are produced, the affordable units shall be distributed among the following categories:

Number of Units	Type of Unit
3	One-bedroom units
9	Two-bedroom units
4	Three-bedroom units

Half of the units shall be affordable to low-income household and half shall be affordable to moderate-income households.

Of the market rate units in Zone AH-1, at least 38% shall be one-bedroom units. The remaining market rate units may contain any combination of one- and two-bedroom units or, in the alternative, all two-bedroom units.

The provisions of § 34-21 concerning multiple dwellings and townhouses shall not be applicable to development in the AH-1 Zone.

Parking for dwelling units shall be a minimum of 1.75 spaces per unit.

§ 34-12 AH-2 AFFORDABLE HOUSING DISTRICT.

§ 34-12.1 Purpose.

[Ord. No. 10-15 § 4]

§ 34-12.2 Permitted Uses.

[Ord. No. 10-15 § 4]

The following uses are permitted in the AH-2 Affordable Housing District.

Principal Permitted Uses. Multi-family housing at a maximum density of 25 dwelling units per acre but not to exceed 51 dwelling units.

Access driveways and parking for uses in the abutting AH-1 Zone.

Retail, personal service and office uses including medical offices.

Accessory Uses. Uses customarily incidental to the principal use of a building which accessory uses may be on the same lot as the principal building or may be on an abutting lot in the AH-1 Zone.

§ 34-12.3 Area and Bulk Regulations.

[Ord. No. 10-15 § 4]

Requirement	AH-2 District
Minimum lot area	2.0 acres
Minimum lot frontage	100 feet
Minimum front yard	60 feet
Minimum side yards	20 feet and 60 feet
Minimum rear yard	60 feet
Maximum building coverage	40%
Maximum impervious coverage	90%
Maximum building height	4 stories
Minimum parking setback to principal building	5 feet
Minimum parking setback to POP Zone and to River Drive	5 feet

§ 34-12.4 Additional Regulations.

[Ord. No. 10-15 § 4]

The following additional regulations are applicable:

Of the total number of dwelling units in the AH-2 Zone, 15% shall be dedicated for rental occupancy by low- and moderate-income households. In the event that eight affordable units are produced, the affordable units shall be distributed among the following categories:

Number of Units	Type of Unit
1	One-bedroom units
5	Two-bedroom units
2	Three-bedroom units

One-half of the units shall be affordable to low-income household and one-half of the units shall be affordable to moderate-income households.

The provisions of § 34-21 concerning multiple dwellings and townhouses shall not be applicable to development in the AH-2 Zone.

Parking for dwelling units shall be a minimum of 1.75 spaces per unit.

Parking for nonresidential tenant space shall be provided in the amount of one space for each 300 square feet of floor area leased for such nonresidential units.

Wall-mounted signs referencing nonresidential tenants shall be permitted up to a maximum sign area of two square feet for each foot of length of building wall abutting the tenant space and facing a public street. Additionally, one double-faced freestanding sign referencing nonresidential tenants shall be permitted with a maximum height of 14 feet, with a maximum sign area of 50 square feet, and with a minimum setback of five feet from any property line.

§ 34-13 AH-3 AFFORDABLE HOUSING DISTRICT

[Added 6-21-2018 by Ord. No. 18-11]

§ 34-13.1 Purpose.

The purpose of this District is to encourage the development of multifamily housing that would include rental units for low- and moderate-income households in the amount of 15% of the total number of dwelling units and to allow in residential buildings certain nonresidential uses.

§ 34-13.2 Permitted Uses.

The following uses are permitted in the AH-3 Affordable Housing District:

Principal permitted uses.

Multifamily housing including both age-restricted and non-age-restricted units at a maximum density of 35 dwelling units per acre, but not to exceed 390 dwelling units in the AH-3 Zone. Age-restricted buildings shall contain dwelling units where the head of household is at least 55 years of age in accordance with federal law.

Commercial uses in residential buildings as permitted in the C-L Local Commerce Zone except that drive-in restaurants shall not be permitted and that gymnasiums, health clubs, swim clubs, tennis clubs and hotels shall be permitted.

Community or assembly rooms for senior citizens in an age-restricted building that shall be available for use by the general public subject to reasonable restrictions established by the property owner.

Hotel uses.

Assisted living facilities.

Accessory uses. Uses and structures customarily incidental to principal permitted uses in the AH-3 Zone, including but not limited to driveways, parking areas, signs, community rooms, and active and passive recreational facilities.

§ 34-13.3 Area and Bulk Tract Regulations.

The following area and bulk regulations apply to the entire AH-3 Zone as one development entity. Lands in the AH-3 Zone may be subdivided into individual lots encompassing buildings or use areas for the purposes of phasing, ownership, financing or related issues in which case the tract regulations shall not apply to individual lots within the AH-3 Zone.

Tract Regulations	AH-3 District
Minimum tract area	10 acres
Minimum tract frontage	100 feet
Minimum front yard	0 feet
Minimum side yard	20 feet
Minimum rear yard	60 feet
Maximum building coverage	40% of tract area
Maximum impervious coverage	70% of tract area
Maximum building height	5 stories
Maximum number of principal buildings	4 principal buildings
Minimum parking setback to principal building	5 feet

§ 34-13.4 Additional Regulations.

The following additional regulations shall apply in the AH-3 Zone:

Fifteen percent of the dwelling units in the AH-3 Zone shall be dedicated for rental occupancy by low- and moderate-income households. Such units shall be deed-restricted for a period of at least 30 years and shall comply with Uniform Housing Affordability Controls (N.J.A.C. 5:80-26.1 et seq.) or any successor regulation with respect to bedroom distribution, income distribution, pricing requirements, affirmative marketing, candidate qualifications and screening and any other requirements necessary to assure that such affordable units count for the Borough of Elmwood Park's affordable housing obligation, with the exception that in lieu of 10% of affordable units in rental projects being required to be at 35% of median income, 13% of affordable units shall be at 30% of median income.

The provisions of § 34-21 concerning multiple dwellings and townhouses shall not be applicable to the AH-3 Zone.

Required parking for dwelling units shall be 1.75 spaces per unit and required parking for nonresidential uses shall be one space for each 300 square feet of leasable floor area.

Wall-mounted signs for nonresidential tenants shall be permitted up to a maximum of two square feet for each foot of length of exterior building wall facing a street.

Development in the AH-3 Zone shall adhere to the following limitations and shall be phased in accordance with the following standards:

Development in the AH-3 Zone shall consist of a maximum of four principal buildings referenced as Buildings A, B, C and D and a riverfront walkway.

Building A shall be a maximum of four stories and consist of a maximum of 128 dwelling units, six units of which shall be affordable units.

Building B shall be an age-restricted building with a maximum of four stories, a maximum of 54 dwelling units, 22 of which shall be age-restricted affordable units, shall contain a community room that is available for use by the general public, and may contain a maximum of 25,000 square feet of leasable area of nonresidential tenant space (A minimum of 10,000 square feet is required in either Building C or Building B, but not both).

Building C shall be a maximum of five stories and consist of a maximum of 112 dwelling units, 22 of which shall be affordable units and may contain a maximum of 25,000 square feet of leasable area of nonresidential tenant space (A minimum of 10,000 square feet is required in either Building C or Building B, but not both).

Building D shall be a maximum of four stories and consist of a maximum of 96 dwelling units, nine units of which shall be affordable units.

§ 34-14 ADULT ENTERTAINMENT OVERLAY ZONE DISTRICT.

§ 34-14.1 Purpose.

[Ord. No. 11-05 § 6]

The purpose of this new district is to preserve the constitutionally protected right of free speech afforded by the United States Constitution and the Constitution of the State of New Jersey by permitting adult entertainment uses, while at the same time ensuring that such uses will not adversely impact such surrounding neighborhoods and land uses as are described in N.J.S.A. 2C:34-7.

§ 34-14.2 Permitted Uses.

[Ord. No. 11-05 § 6]

The AEO Adult Entertainment Overlay Zone shall permit, in addition to the uses that are permitted as principal permitted, conditional and accessory uses for the underlying zone(s) to which the AEO Zone applies, the uses set forth as follows: Adult entertainment uses, including adult clubs, restaurants, drinking or catering establishments, novelty/gift shops, and video stores.

§ 34-14.3 Area and Bulk Regulations.

[Ord. No. 11-05 § 6]

The following area and bulk regulations are applicable in the AEO Zone:

Area, yard and building regulations for the AEO Zone uses set forth in Subsection 34-14.2 shall be in accordance with the requirements for the C-G General Commerce Zone, as set forth in § 34-17.

In all cases, setbacks shall be from the property lines. However, where only a portion of a property is within the AEO Zone and the setback would fall within the 1,000-foot buffer required by Subsection 34-14.4.i., the 1,000-foot buffer limit shall serve as the setback for that portion.

§ 34-14.4 Additional Regulations.

[Ord. No. 11-05 § 6]

The following additional regulations are applicable in the AEO Zone:

Where only a portion of a property is within the AEO Zone, that portion shall constitute the sole area wherein an adult entertainment use permitted under Subsection 34-14.2 may be located.

Where only a portion of a property is within the AEO Zone, that portion shall constitute, for the purposes of this section, a conforming building lot that can be used without subdivision or variance, provided that all other requirements as stated herein are met.

The applicant shall submit a statement identifying the manner in which the operation is to be conducted, including the following: proposed use, location of building wherein the use is to operate, square footage to be occupied, days and hours of operation, number of employees, amount of off-street parking spaces, sign details, landscaping/fencing and lighting details.

Where only a portion of a property is within the AEO Zone, an access drive, solely for the purposes of ingress and egress to the adult use, may be located within the 1,000-foot buffer required by Subsection 34-14.4i.

Advertisements, displays or other promotional materials shall not be shown or exhibited so as to be visible to the public from pedestrian sidewalks, walkways or from other public or semipublic areas. All building openings and windows, etc. shall be located, covered or screened in such a manner as to prevent a view into the interior from any public or semipublic area.

No business described herein shall allow persons under the age of 18 years old to patronize that establishment.

One exterior sign must be provided, at no more than 10 square feet, which gives notice that the premises are off limits to minors. A second exterior sign may be provided that identifies the adult use located on site, but shall be no more than 20 square feet.

Off-street parking shall be provided in accordance with the off-street parking requirements set forth in Subsection 34-44.1d for retail stores, restaurants and other eating and drinking establishments, as applicable to the proposed use in question.

There shall be a minimum distance of 1,000 feet between any adult use permitted herein and any other existing adult entertainment use or any place of public worship, elementary or secondary school, school bus stop, child care center, hospital, municipal or county playground or place of public resort and recreation, or area zoned for residential use.

Every adult business in the AEO Zone shall be surrounded by a perimeter buffer of at least 50 feet in width with plantings, fence or other physical divider at a minimum six feet in height along the outside of the perimeter sufficient to impede the view of the interior of the premises in which the business is located. Such buffer may be located within the 1,000-foot buffer required by Subsection 34-14.4i. where only a portion of a property is within the AEO Zone.

No adult entertainment uses shall allow any persons to appear with either or both breasts exposed, and no person may appear with the lower part of the torso uncovered or so thinly covered or draped as to appear uncovered.

No business described herein shall permit the consumption of alcoholic beverages on the premises.

§ 34-15 (RESERVED)