[Ord. No. 779 § 16.501; Ord. No. 2013-02 § 26-501]
The Schedule of Zoning Limitations accompanies and is
included as an attachment to this chapter. The regulations contained in the Schedule of Zoning Limitations, in conjunction with the Use and Building Regulations set forth herein, govern the use of land in the Borough of Haworth.
[Ord. No. 2013-02 § 26-502]
No structure shall be used and no structure shall be erected
or altered that is arranged, intended or designed to be used and no
land shall be used except for one or more of the following uses. The
use regulations applicable to each zone within the Borough of Haworth
are as follows:
[Ord. No. 779 § 16.502.1;
Ord No. 838 § III; Ord. No. 2013-02 § 26-502.1]
The purpose of the A Residential Zone District is to recognize
the existing residential land use development pattern and provide
reasonable regulation of existing and future land use.
a. Permitted Principal Uses.
1. Single detached house used as a residence by not more than one family.
2. Public park or public recreation ground maintained and operated by
the Borough and any other municipal structure or use.
3. Municipal structure, library, fire house or similar public structure
or use operated by or for the Borough.
b. Accessory Uses.
1. Private garage or other accessory structure customarily incidental
to any use permitted by this subsection, provided that the accessory
structure shall be on the same plot with the structure to which it
is accessory and also provided that the accessory structure shall
not be used for residence purposes.
2. The home professional office of an individual residing on the premises provided that no employees are engaged in connection with such use except that a physician or dentist may employ no more than two assistants. The office or studio must be an integral part of the principal structure accessory thereto and may occupy an area no greater than the equivalent of 1/3 of the area of one floor of the principal structure. A home professional or business office shall not include the office of any person professionally engaged in the purchase or sale of goods kept on the premises, nor shall it include a scientific laboratory. Instruction shall not be offered to more than two individuals at one time. Any occupation conducted in a home shall be clearly secondary to the use of the dwelling for living purposes and shall not change the character of the dwelling or give any exterior evidence of such secondary use, nor shall it increase the normal flow of traffic or off premise parking on any residential street. A sign for a home professional office is regulated in Article
26-700 of this chapter.
3. A driveway or walk used for access to a business use shall in no
case be permitted as an accessory use.
4. Home occupation of an individual residing on the premises, provided
that the use is conducted entirely within a single family dwelling
unit that is used primarily as a residence and carried on only by
the inhabitants thereof that is clearly not injurious to the character
of the district in which it is located, including, but not limited
to: dressmaking, tailoring or millinery; home cooking; art; musical
instrument, voice or dance instruction limited to two pupils at one
time; tutoring or teaching of academic or scientific subjects, limited
to two pupils at one time; studio art, including painting, sculpting
or drafting; computer related businesses; family day care homes. Specifically
not included within the term home occupation are: clinics, barber
shops, beauty parlors, manicurists, tea rooms, tourist homes, funeral
parlors, mortuaries, animal hospitals, kennels and other similar uses.
5. Affordable Accessory Apartment.
[Added 11-26-2019 by Ord.
No. 19-14]
(a)
Accessory apartments are permitted accessory uses, provided
the units are affordable to moderate-, low- and very-low-income households,
for those properties that are located in Residential Zone A or Residential
Zone E and:
(1)
Have frontage on Schraalenburgh Road or Hardenburgh Avenue.
(b)
Accessory apartments shall comply with all applicable statutes
and regulations of the State of New Jersey in addition to all building
codes.
(c)
Accessory apartments shall be subject to Uniform Housing Affordability
Control (U.H.A.C.) requirements, including marketing and rental prices,
but are exempt from the bedroom mix requirements. Accessory apartments
shall be affordable to moderate-, low- or very-low-income households
as per U.H.A.C. requirements.
(d)
At the time of initial occupancy of the unit and for at least
10 years thereafter, the accessory apartment shall be rented only
to a household that is either a low- or moderate-income household.
There shall be a recorded deed or declaration of covenants and restrictions
running with the land for 10 years that is applied to the property
upon which the accessory apartment is located. This deed restriction
shall limit its subsequent rental or sale of the unit and the accessory
apartment.
(e)
At the conclusion of the ten-year time period, the deed restriction
may be extended to maintain the affordable accessory apartment. If
the deed restriction is not extended, the homeowner shall apply for
the requisite municipal approvals to maintain the accessory apartment.
(f)
The Borough shall provide the following subsidy levels per unit
for the creation of each accessory apartment unit: $30,000 for a moderate-income
accessory apartment unit; $40,000 for a low-income accessory apartment
unit; $50,000 for a very-low-income accessory apartment unit. The
accessory apartment program shall provide a minimum of two very-low-income
and three low-income units, and a maximum of five moderate-income
units.
(g)
The appropriate utility authority must certify that there is
water and sewer infrastructure with sufficient capacity to serve the
proposed accessory apartment.
(h)
There is no bedroom distribution requirement for accessory apartments.
(i)
The maximum permitted square footage for an accessory apartment
shall be 1,200 square feet.
(j)
Property owners wishing to apply to create an accessory apartment
shall submit to the Construction Code Official and the Zoning Officer
the following:
(1)
A floor plan(s) showing the location, size and relationship
of both the accessory apartment and the primary dwelling within the
building. Said plan shall be prepared by a professional licensed in
the State of New Jersey, such as a licensed architect, surveyor, engineer
or planner.
(2)
Elevations showing the modifications of any exterior building
facade to which changes are proposed.
(3)
A plan showing the location of the existing dwelling and other
existing buildings; all property lines; proposed addition, if any,
along with the minimum building setback lines; the required parking
spaces for both dwelling units; and any man-made conditions which
might affect construction. The plan should confirm that the dwelling
unit with the accessory apartment meets all required bulk regulations
and setbacks for the zone district in which it is located.
c. Conditional Uses.
2. Community residence and/or shelter pursuant to N.J.S.A. 40:55D-66.1
and 40:55D-66.2 that houses more than six residents exclusive of resident
staff.
3. Public and private nonprofit day schools of elementary or high school
grade accredited by the State Department of Education.
5. Towers and antennas in accordance with subsection
26-502.8h.
[Ord. No. 779 § 16.502.2; Ord. No. 2013-02 § 26-502.2]
The purpose of the Watershed/Recreation District is to protect
the environment and valuable natural resources, and to permit open
space and recreation uses (either public or private) that are compatible
with the unique environmental characteristics of the district. These
very low intensity uses will serve to protect and conserve these lands
that are integral to Haworth's community character and the public
health, safety and welfare of the entire Hackensack River watershed
region.
a. Permitted Uses.
1. Parks, playgrounds, forest preserves, botanical gardens, arboreta,
conservatories, public swim clubs and similar open space.
2. Private golf courses and related accessory uses such as pro shop,
tennis courts, club house, parking and maintenance structures.
3. Reservoir, watershed and/or storm water management.
4. Water treatment plants and related accessory uses to the plant such
as laboratories, parking, and retention ponds. Only accessory garages
and maintenance structures directly related to the plant are permitted.
5. Child care center pursuant to N.J.S.A. 40:55D-66.6.
b. Accessory Uses. Only as permitted in subsection
26-502.2a of this chapter.
c. Conditional Uses. Satellite dish antennas.
[Ord. No. 779 § 16.502.3; Ord. No. 2013-02 § 26-502.3]
The purpose of the C Residential Zone District is to recognize
the existing residential land use development pattern and provide
reasonable regulation of existing and future land use.
a. Permitted Principal Uses. Same as Zone A.
b. Accessory Uses. Same as Zone A.
c. Conditional Uses. Same as Zone A.
[Ord. No. 779 § 16.502.4; Ord. No. 838 § IV; Ord. No. 2012-03 § 2; Ord. No. 2013-02 § 26-502.4]
The purpose of the D Business Zone District is to recognize
the existing neighborhood commercial land use development pattern
and provide reasonable regulation of existing and future land use.
a. Principal Permitted Uses.
1. Public restaurant housed in a permanent structure and provided that
all patrons are served indoors. This excludes drive-ins, drive-thrus,
fast food establishments, and other such eating places, all of which
are expressly prohibited in the Borough.
3. Business and professional offices, such as but not limited to agents'
and brokers' offices, banks and trust companies, medical offices for
doctors, dentists, and health therapists; professional offices and
studios for accountants, attorneys, architects, engineers, and artists;
and studios for the teaching of dance, drama, fine arts, language,
music, photography; educational or charitable institutions, organizations,
groups or individual.
4. Veterans' club, civic or community club.
5. Service establishments excluding motor vehicle storage, repair or
service.
6. The shop of a tradesman, including but not limited to electrician,
plumber, radio or television repair, bicycle sale and repair, printer,
carpenter or cabinet maker.
7. Municipal structure, library, fire house or similar public structure
or use operated by or for the Borough.
8. Public park or recreation ground maintained and operated by the Borough.
9. Post office operated by the U.S. Postal Service.
b. Conditional Uses.
2. Towers and antennas in accordance with subsection
26-502.8h.
3. Outdoor cafes, in accordance with, and subject to the restrictions contained in, Section
4-21 of the Revised General Ordinances.
4. A mixed-use development with a permitted "D"/Business Zone use on the ground level and residential uses on the second level. Such mixed-use developments would require site plan and conditional use approvals. The residential component of the mixed use will include an affordable component in an effort to meet the Borough's unmet need obligation. Mixed-use developments in the D Zone shall be subject to the conditional use requirements contained in Subsection
26-503.2e and
f.
[Added 11-26-2019 by Ord.
No. 19-17]
5. Affordability, Mixed-Use Developments.
[Added 11-26-2019 by Ord.
No. 19-17]
(a)
All affordable housing units shall be subject to the all applicable
municipal and New Jersey State review processes and approvals and
the Borough's May 2019 Settlement Agreement.
(b)
All affordable units shall be subject to all the provisions
of the Uniform Housing Affordability Controls (U.H.A.C.), including
but not limited to bedroom distribution, ownership and rental unit
administration.
(c)
The fair share obligation shall be divided equally between low-
and moderate-income units, except that where there is an odd number
of affordable housing units, the extra unit shall be a low-income
unit.
(d)
In each affordable development, at least 50% of the restricted
units within each bedroom distribution shall be low-income units.
(e)
Within mixed-use developments, of the total number of affordable
units, at least 13% shall be affordable to very-low-income households.
(f)
The affordable units shall comply with the Borough's Affordable Housing Ordinance contained in Chapter
30.
[Ord. No. 2013-02 § 26-502.5]
The purpose of the E Residential Zone District is to recognize
the existing residential land use development pattern and provide
reasonable regulation of existing and future land use.
a. Permitted Principal Uses. Same as Zone A.
b. Accessory Uses. Same as Zone A.
c. Conditional Uses. Same as Zone A.
[Ord. No. 2013-02 § 26-502.6]
The purpose of the MU Municipal Use Zone District is to recognize
the permanence of public municipal uses that provide valuable services
to the community, and to create a building zone for them that reflects
the community's vision for these sites. Their previous zoning categories
for these sites generally mimicked the building zones that surround
them and did not represent the community's long term land use intent.
The purpose also includes provisions for reasonable regulations to
govern them.
a. Permitted Principal Uses.
1. Municipal structures and sites such as Borough Hall, police station,
library, fire house, ambulance corps structure, Department of Public
Works structures and yards, public schools, manmade parks, public
plazas, and vacant land intended for similar potential future uses.
b. Accessory Uses.
1. Garage or other accessory structure customarily incidental to any
use permitted by this subsection, provided that the accessory structure
shall be on the same plot with the structure to which it is accessory
and also provided that the accessory structure shall not be used for
residence purposes.
2. Plaza or passive outdoor space, the purpose of which is to conduct
any of the conventional functions of the permitted uses by this subsection
when weather permits them to be conducted outdoors.
3. Outdoor storage of materials that are incidental to any use permitted
by this subsection. It is the objective of Haworth Borough to discourage
outdoor storage of materials. Nevertheless, it is recognized as necessary
in municipal use cases where indoor storage is impractical, and/or
when rapid access to these materials might be required in emergency
situations. Any outdoor storage of materials must be screened from
the public right-of-way and from residential uses or property to the
degree required by subsection 26-903.5.a of the Haworth code.
c. Conditional Uses.
2. Municipally sponsored affordable housing complex
[Ord. No. 854 § 2; Ord. No. 2013-02 § 26-502.7]
a. Intent; Description. The Mayor and Council of the Borough of Haworth
desire to establish an overlay zone district that will provide realistic
opportunities for the construction of moderate-, low- and very-low-income
housing to implement the Borough's Housing Plan Element and Fair Share
Plan that received substantive certification from the New Jersey Council
on Affordable Housing (C.O.A.H) in 1999. Further, this chapter has
been revised to conform to the Borough's May 2019 Settlement Agreement
with the Fair Share Housing Center. The overlay zone is confined to
that portion of the White Beeches Golf and Country Club known as Block
1008, Lot 1, which has previously been identified and continues to
be identified as appropriate for an overlay zone for the provision
of affordable housing. This parcel is bounded by Ivy Avenue, Haworth
Drive and Sunset Avenue.
[Amended 11-26-2019 by Ord. No. 19-16]
b. Permitted Uses. Lot 1 in Block 100 is rezoned A/OZ Residential/Overlay
Zone District wherein the following uses are permitted:
1. All uses permitted in Residence Zone A.
3. Permitted accessory uses in the townhouse use are: private garage
or other accessory use customarily incidental to townhouse use, including
common open space and recreation facilities, provided that the accessory
structure/use shall not be used for residential purposes.
4. Area, height and bulk regulations for townhouse use:
(a)
Minimum lot area: 10.0 acres.
(b)
Maximum Density: eight dwelling units per acre.
[Amended 11-26-2019 by Ord. No. 19-16]
(c)
Minimum Setbacks:
Front yard 50 feet
Side yard 35 feet
Minimum yard to a public street right-of-way 50 feet
(d)
Minimum distances between structures:
Side to side: 1.5 times structure height
Rear to rear: 2.0 times structure height
Front to rear or front to front: 2.5 times structure height
All other structures to structure distances: 1.5 times structure
height
(e)
Maximum height of structure: 35 feet
(g)
Each dwelling unit shall have at least one garage.
(h)
Affordable Set-Aside: The required affordable set-aside shall
be 20% in the event that the development consists of for-sale units.
The required affordable set-aside shall be 15% in the event that the
development consists of rental units.
[Amended 11-26-2019 by Ord. No. 19-16]
(i)
Buffering. Buffering or landscaping shall be provided between
the overlay zone parcel and adjoining residential uses or zones consisting
of fencing, landscaping or other suitable buffering and screening
to shield the townhouse structures and uses as determined by the Haworth
Planning Board.
5. The development of the parcel shall conform to all other specifications, regulations and requirements of Chapter
26, Land Use Regulations, and Chapter
30, Affordable Housing.
[Amended 11-26-2019 by Ord. No. 19-16]
6. Affirmative Marketing. The applicant shall market the affordable
units in conformance with the Borough's adopted affirmative marketing
plan.
[Ord. No. 779 § 16-502.5; Ord. No. 838 § 1; Ord. No. 878 §§ 3, 4; Ord. No. 2013-02 § 26-502.8; Ord. No. 2017-12 § 2]
a. Nuisance Uses. In addition to the provisions of subsection
26-202.4 of this chapter, any use or activity constituting or creating a nuisance is prohibited.
b. Accessory Structures and Uses. No accessory structure or use shall
be constructed except in conformance with the following:
1. No permit shall be issued for the erection or alteration of a residence
structure unless the arrangement of the structure on the lot makes
ample provision for either a garage, a prospective garage or a paved
parking space with necessary driveway, adequate in size or width.
2. The total ground cover area of all accessory structures except swimming
pools added to the main structure area shall not exceed the maximum
building coverage permitted by the Limiting Schedule.
3. An accessory structure at a distance of five feet from a property
line shall not have a height in excess of eight feet, but may have
an additional eight inches in height for each additional foot from
the nearest property line; provided, however, that the height shall
not exceed one and one-half (1-1/2) stories or 18 feet.
4. All accessory structures and uses shall be located on the same lot
as the principal use they are intended to serve unless otherwise permitted
by this chapter.
5. No construction permit shall be issued for any accessory structure
prior to the issuance of a construction permit for the principal structure
to be located on the same lot.
6. No accessory structure shall be located in a front yard, and all
such structures shall be located at least five feet from a rear property
line and five feet from a side property line.
7. No accessory structure shall be located within 10 feet of any other
structure.
8. No more than two accessory structures shall be permitted on any lot
in the Residence A and C zones.
9. The limitations imposed by this subsection upon the location of an
accessory structure shall not apply when the accessory structure is
incorporated as an integral part of the structure to which it is accessory.
In such case, the location shall be governed by the Limiting Schedule
and other sections of this chapter.
10.
For the purpose of this section, swimming pools shall be considered
as accessory structures and subject to all the requirements therefor,
except that swimming pools shall be located a minimum of 10 feet from
any property line.
11.
No more than three vehicles shall be stored or parked in a private
garage.
c. Critical Environmental Area (CEA). For definition, see Article
26-300 Definitions and Descriptions.
1. No principal or accessory structure shall be located in whole or
part in any CEA land.
2. All single-family residential lots created after the adoption date
of this chapter, shall contain at least 10,000 square feet in the
Residential A Zone and 30,000 square feet in the Residential C Zone
of contiguous non-CEA land with direct access to an existing or public
street,
3. No development shall occur within 250 feet of the 100 year flood
level of the Oradell Reservoir except accessory equipment, piping
and similar apparatus essential to the operation of the water treatment
plant.
4. Inasmuch as all surface waters within the Borough of Haworth ultimately
drain into the Oradell Reservoir, which is the primary source of potable
water for the Bergen, Rockland and Hudson Counties region, and since
NJDEP promulgated extensive regulations guarding and protecting all
Category One (C-1) anti-degradation waters within the State of New
Jersey, the Borough of Haworth adopts those regulations in their current
form and as they may be amended in the future. These regulations shall
govern all Surface Waters within the Borough whether or not the State
has categorized them as C-1 waters.
d. Swimming Pools.
1. A swimming pool and appurtenances thereto shall not be constructed,
installed, enlarged or altered until plans have been submitted and
a permit has been obtained from the Construction Official.
2. The location of any private swimming pool shall be subject to the
same requirements as an accessory structure, except that a pool shall
be located a minimum of 10 feet from any property line.
3. Every person owning land on which there is situated a swimming pool
that contains 24 inches or more of water in depth at any point, shall
erect and maintain thereon an adequate enclosure either surrounding
the property or pool area, sufficient to make such body of water inaccessible
to small children. Such enclosure, including gates therein, must be
not less than four feet above the underlying ground. All gates must
be self-latching with latches placed four feet above the underlying
ground and otherwise made inaccessible from the outside to small children.
e. Outdoor Storage of Materials, Goods, Supplies and Vehicles.
1. The storage of materials, goods and supplies outside of a structure
where permitted as an accessory use to a permitted use shall not be
located within the front yard nor within 25 feet of a side or rear
lot line, and no such outside storage shall be for the primary purpose
of displaying merchandise for sale unless such outdoor display for
sale is specifically permitted by this chapter in conjunction with
the principal use.
2. In any residential district, not more than one commercial vehicle,
limited to a one and one-half (1-1/2) ton capacity, may be stored
on any lot, and then only in a private garage, provided the vehicle
is used by the residents of the property on which it is stored. This
truck storage shall be considered a permitted accessory use.
3. Vans and pick-up trucks not altered for commercial use under 8,000
pounds per maximum gross weight with or without commercial plates
provided that any identification on the vehicle is limited to lettering
on the door panel not to exceed three inches in height are permitted.
f. Location of Residential Structure.
1. Every dwelling erected shall have one entire wall, without any intervening
obstruction, face upon a public street.
2. No structure to be used as a dwelling shall be constructed or altered
to the rear of a structure situated on the same lot. No structure
shall be constructed in front of, or moved to the front of, a dwelling
situated on the same lot.
g. Additional Lot Regulations (formerly known as "Corner Lot Sight Distance").
1. In the residence zones, no fence, shrubs or other obstructions to
visibility, exclusive of trimmed trees or existing structures, shall
be built; planted or maintained upon a corner lot within 30 feet of
any street intersection. Any existing obstruction of this character
that, within the foregoing limits, curtails the view of drivers of
vehicles approaching the intersection shall be removed by and at the
expense of the owner of the corner lot.
2. Designation of Front Yard On Corner Lots. Any applicant for a permit
to erect a new residence on a corner lot or to renovate an existing
residence on a corner lot to the extent that such renovation would
alter the exterior of the residence, shall, at the time of application
for said permit, designate the street which the formal front entrance
of the residence shall face ("designated front"). The designated front
of a corner lot with an existing residence not subject to a permit
application shall be deemed to be the street which the formal front
of the residence faces. In the case of a corner lot fronting on two
streets, the yard opposite the designated front shall be deemed the
rear yard if applicable, and the remaining yard shall be deemed a
side yard. In the case of a corner lot fronting on three streets,
the lot shall have either a side yard or a rear yard depending on
the designated front. If the yard opposite the designated front also
fronts on a street, then the lot shall be deemed to have a side yard
and no rear yard. If the yard opposite the designated front does not
itself front on a street, then the lot shall be deemed to have a rear
yard and no side yard. Notwithstanding the existence of a designated
front, all yards fronting on a street will be required to meet minimum
lot width and front yard setbacks and requirements.
3. A through lot shall have two side yards and two front yards but shall
have no rear yard.
h. Communication Towers and Antennas.
1. Definitions.
(a)
ANTENNA - Shall mean any exterior transmitting or receiving
device mounted on a tower or structure and used in communications
that radiate or capture electromagnetic waves, digital signals, analog
signals, radio frequencies (excluding radar signals), wireless telecommunications
signals or other communication signals.
(b)
COMMUNICATION TOWER - Shall mean and include any and all antennas
and towers, as defined in this section, together with other accessory
structures and equipment associated therewith.
(c)
PREEXISTING TOWERS AND PRE-EXISTING ANTENNAS - Shall mean any
tower or antenna for which a building permit has been properly issued,
or for which a contract, lease or other agreement has been awarded
or entered into by the Borough Council, prior to the effective date
of this section, including permitted towers or antennas that have
not yet been constructed so long as such approval is current and not
expired.
(d)
TOWER - Shall mean any structure that is designed and constructed
primarily for the purpose of supporting one or more antennas for telephone,
radio and similar communication purposes, including self-supporting
lattice towers, guyed towers or monopole towers. The term includes
radio and television transmission towers, microwave towers, common-carrier
towers, cellular telephone towers, alternative tower structures, and
the like: The term shall include the structure and any support thereof.
2. Applicability.
(a)
All towers and antennas within the Borough of Haworth shall
be subject to these regulations, except as provided in paragraphs
(b) and (c) below.
(b)
This section shall not govern any tower, or the installation
of any antenna that is under 70 feet in height and is owned and operated
by a Federally licensed amateur radio station operator or is used
exclusively for receive-only antennas.
(c)
Lawful, preexisting nonconforming towers and antennas, as hereinabove described, shall be entitled to the protections and limitations available to lawful, preexisting non-conforming structures under Article
26-600, Exceptions and Modifications, of the Haworth, Land Use Regulations.
(d)
Towers and antennas shall be regulated and permitted pursuant
to this chapter and shall not be regulated or permitted as essential
services, public utilities or private utilities.
3. Locations Permitted. A communication tower shall be a permitted conditional
use in the Zones A, C and E Residence Districts and the Zone D Business
District within the Borough of Haworth, subject to the following conditions:
(a)
Communication towers shall only be permitted on property owned,
leased or otherwise controlled by the Borough of Haworth.
(b)
The Borough of Haworth must give its consent before its property
may be used for a communication tower. This consent shall be in the
form of a resolution of approval adopted, by the Haworth Borough Council.
(c)
No communication tower shall be erected or operated within the
Borough except pursuant to a license issued by the Borough Council
or a lease entered into between the operator of the facility and the
Borough.
(d)
All communication towers shall meet the following requirements:
(1)
Towers shall either maintain a galvanized steel finish or, subject
to any applicable standards of the Federal Aviation Administration,
be painted a neutral color so as to reduce visual obtrusiveness.
(2)
Towers shall not be artificially lighted, unless required by
the FAA or other applicable authority. If lighting is required, the
lighting alternatives and design chosen must cause the least disturbance
to the surrounding views.
(3)
No signs shall be allowed on an antenna or tower.
(e)
No tower or antenna shall be permitted in the Zone B Watershed/Recreation
Districts.
4. Application Procedure.
(a)
All applications for the construction or modification of towers
or antennas within the Borough of Haworth shall be made to the Borough
Zoning Officer who shall transmit copies to the Borough Clerk and
the Borough Engineer.
(b)
The Zoning Officer shall review the application to determine
if the proposed tower or antenna meets all of the conditions contained
in subsection 26-502.8h.3, Ord. No. 838. The Zoning Officer shall
respond to each such application within 30 days of reviewing it.
(c)
If the Zoning Officer determines that the applicant has met
all of the conditions of subsection 26-502.8h., he shall administratively
approve the application.
(d)
If the Zoning Officer determines that the applicant has not met all of the conditions of subsection 26-502.8h., he shall deny the application, in which event the applicant may file a conditional use application with the Planning Board, in accordance with Section
26-503 of this chapter.
5. Maintenance and Abandonment.
(a)
All towers must meet or exceed current standards and regulations
of the Federal Aviation Administration, the Federal Communications
Commission, and any other agency of the State or Federal government
with the authority to regulate towers and antennas. If such standards
and regulations are changed, then the owners of the towers and antennas
governed by this section shall bring such towers and antennas into
compliance with such revised standards and regulations within six
months of the effective date of such standards and regulations, unless
a different compliance schedule is mandated by the controlling State
or Federal agency. Failure to bring towers and antennas into compliance
with such revised standards and regulations shall constitute grounds
for the removal of the tower or antennas at the owner's expense.
(b)
To ensure the structural integrity of towers, the owner of a
tower shall ensure that it is maintained in compliance with standards
contained in applicable State or local building codes. If, upon inspection,
the Borough concludes that a tower fails to comply with such codes
and standards and constitutes a danger to persons or property, then
upon notice being provided to the owner of the tower, the owner shall
have 30 days to bring such tower into compliance with such standards.
Failure to bring such tower into compliance within 30 days shall constitute
grounds for the removal of the tower or the owner's expense.
(c)
In the event any communication tower shall be abandoned or not
operated for a period of one year, the same may be removed, at the
option of the Borough of Haworth, at the sole expense of the operator.
[Added 7-23-2019 by Ord.
No. 19-09]
The following standards shall apply to development within the Residence Zone F. All other zoning and land use provisions including by way of example the provisions of Chapter
26, Land Use Regulations, of the Haworth Code shall apply to development in the Residence Zone F only where specifically indicated as applicable in Subsection
26-502.9. When the standards herein conflict with other provisions of Chapter
26, the standards herein shall apply.
a. Intent; Description. The Mayor and Council of the Borough of Haworth
desire to establish a residence zone that will provide opportunities
for the construction of low- and moderate-income housing in accordance
with the prospective need obligation for New Jersey's Fair Housing
Act Third Round (1999-2025). Lot 12 of Block 1100 of the Official
Tax Maps of the Borough of Haworth has been identified as appropriate
for an inclusionary multifamily housing development in which a portion
of the dwelling units therein can be set aside for low- and moderate-income
households.
b. Permitted Principal Uses [NOTE: Notwithstanding Subsection
26-202.5, more than one principal structure shall be permitted on one lot.]
c. Permitted Accessory Uses and Structures: private garages, off-street
parking, sidewalks, walking paths, landscaping, buffering, fencing,
walls, lighting, signage, stormwater detention facilities, common
open space, outdoor recreational facilities or structures for the
private use and enjoyment of residents and their guests, and other
accessory structures and uses which are customary and incidental to
the principal permitted uses.
d. Bulk Area and Other Dimensional Standards:
1. Minimum lot area: five acres.
2. Minimum lot depth: 300 feet.
3. Minimum setbacks [NOTE: For the purposes of setback requirements,
the yards along Lake Shore Drive and Roden Way shall be considered
front yards; the yards opposite such front yards shall be considered
as rear yards; all other yards shall be considered as side yards.]:
(a)
For buildings [NOTE: Patios which are attached to the principal
building may encroach up to five feet into the required rear or side
yard setbacks and canopies and overhangs which are attached to the
principal building may encroach up to five feet into the required
front or rear yard setbacks. Patios that face the detention pond,
in addition to encroaching five feet into the setback, may also be
raised to match the first floor elevation.]:
(b)
For parking and driveways:
4. Minimum distances between structures:
(c)
Front-to-side and rear-to-side: 30 feet.
5. Maximum height of structure: 40 feet. [NOTE: Building height shall be measured as defined in §
26-301, except that the calculation shall be: 1) confirmed by the Board Engineer; and 2) one building on the property located not less than: 280 feet from the southern property line, 270 feet from the northerly property line and 240 feet from the westerly property line may be permitted an additional six inches in building height, for a total of 40 feet six inches.]
6. Maximum building coverage: 20%.
7. Maximum impervious lot coverage: 50%.
8. Maximum number of dwelling units: 41 units.
9. Minimum number of affordable units: nine units.
e. Parking Requirements:
1. Parking shall be provided per RSIS standards.
2. For the townhouses, at least (1) parking space shall be provided
in an enclosed garage; a second parking space may be provided in the
driveway in front of the garage; parking for apartments and visitors
may be provided in off-street spaces.
f. Signage. One double-sided ground-mounted sign shall be permitted,
no taller than six feet in height, with a sign area no greater than
32 square feet and set back a minimum of 10 feet from the property
line.
g. Fences, Patios and Walls:
1. No fence or wall within the development shall exceed a height of
six feet.
2. Fences along lot lines shall be set back a minimum of 0.5 foot from
all property lines. Deer netting at a height of eight feet shall be
provided along the north and west property boundaries at the discretion
of the Planning Board.
3. "Patio" shall be defined as a level area covered by a hard surface
that is located at grade level, directly adjacent to a principal building,
and not covered by a permanent roof.
h. Landscaping. The provisions of Subsection
26-904.1 of the Haworth Code entitled "Landscaping" shall apply to the development. Notwithstanding such provisions and except where current vegetation provides a landscape buffer along the property line where driveways are located along a property line, where no disturbance is proposed within 20 feet of a property line, at a minimum, a row of evergreen trees with a planting height of at least eight to 10 feet shall be planted along all rear and side yards. The spacing of such trees shall be such that, at maturity, such trees shall provide a continuous evergreen screen along such property lines.
i. Buffering. The provisions of Subsection
26-903.5 of the Haworth Code entitled "Required Buffering Areas and Setbacks" shall apply to the development.
j. Lighting. The provisions of §
26-905 entitled "Lighting" of the Haworth Code shall apply to the development.
k. Architectural Design Standards. The provisions of §
26-907 of the Haworth Code, entitled "Architectural Design Standards of Structures Requiring Site Plan Review and Approval" shall apply to the development.
l. Sidewalks. The provisions of Subsection
26-908.4 of the Haworth Code entitled "Sidewalks" shall apply to the development.
m. Utilities. The provisions of §
26-910 of the Haworth Code entitled "Utilities" shall apply to the development.
n. Stormwater. Development shall comply with the provisions of §
26-911 of the Haworth Code, entitled "Stormwater Control."
o. Affordable Housing.
1. A minimum of nine dwelling units shall be set aside for occupancy
by low- and moderate-income households, and all such units shall be
family affordable units.
2. The bedroom and income mix and phasing shall comply with the requirements
of the Uniform Housing Affordability Controls (N.J.A.C. 5:80-26.1
et seq.). At least 13% of the units shall be occupied by very-low-income
households.
3. Such low- and moderate-income units shall be dispersed throughout
the development and the exterior finishes and appearance shall be
the same as that of the market-rate units.
4. Such units shall be restricted to low- and moderate-income households
for a period of not less than 30 years. The developer shall be responsible
for retaining a qualified administrative agent at the developer's
sole cost and expense.
[Added 11-28-2023 by Ord. No. 23-22]
The following standards shall apply to development within Zone District G. All other zoning and land use provisions including by way of example the provisions of Chapter
26, Land Use Regulations, of the Haworth Code shall apply to development in the Residence Zone G only where specifically indicated as applicable in §
26-502.10. When the standards herein conflict with other provisions of Chapter
26, the standards herein shall apply.
a. Intent; Description. The Borough of Haworth desires to establish
a residential zone that will provide opportunities for the construction
of very-low-, low- and moderate-income housing in accordance with
the prospective need obligation for New Jersey's Fair Housing
Act Third Round (1999-2025). A portion of existing Lot 1, consisting
of approximately 2.387 acres and described via metes and bounds herein,
in Block 1800 of the Official Tax Maps of the Borough of Haworth has
been identified as appropriate for an inclusionary multifamily housing
development in which a portion of the dwelling units therein can be
set aside for low- and moderate-income households.
The Metes and Bounds descriptions for existing Block 1800, Lot
1 and the approximately 2.387-acre portion of Block 1800, Lot 1 that
is the subject of the ordinance, are contained in an undated document
entitled, "Deed Description," prepared by MEGA Construction Management,
Inc., and are described herein as follows:
1. Existing Block 1800, Lot 1.
All that certain lot, piece or parcel of tract of land, situate
and lying in the Borough of Haworth, County of Bergen and State of
New Jersey. Being known and designated as All those Lots and part
of Lots in Block Nos. 192, 193, 194, 195, 196, 197 and 198, on map
entitled "Amended Map #2 of Hollywood Park Haworth, NJ," filed in
the Bergen County Clerk's Office, dated April 15, 1929, as Map
No. 2516, as follows:
(a)
COMMENCING at a point formed by the tangent intersection of
the easterly side line of Schraalenburgh Road (41.25 feet wide) and
the northerly side line of Massachusetts Avenue (60 feet wide), said
point being distant 152.00 feet easterly along said northerly side
line of Massachusetts Avenue (60 feet wide), to the point and place
of TRUE BEGINNING; and running; thence
(1) North 2 degrees 41 minutes 45 seconds East, 158.21
feet, to a point, thence;
(2) North 84 degrees 13 minutes 43 seconds East 556.26
feet, to a point, thence;
(3) North 86 degrees 39 minutes 4 seconds East, 575.85
feet, to a point, thence;
(4) South 1 degrees 57 minutes 59 seconds West, 286.44
feet, to a point on the northerly side of Massachusetts Avenue (60
feet wide), thence;
(5) Along the said northerly side of Massachusetts
Avenue (60 feet wide), North 88 degrees 2 minutes 1 second West, 824.78
feet, to a point, thence;
(6) North 4 degrees 39 minutes 19 seconds East, 100.11
feet to a point, thence;
(7) North 88 degrees 2 minutes 1 second West, 40.04
feet, to a point, thence;
(8) South 4 degrees 39 minutes 19 seconds West, 100.11
feet, to a point on the northerly side of Massachusetts Avenue (60
feet wide), thence;
(9) North 88 degrees 2 minutes 1 second West, 261.76
feet to the point or place of TRUE BEGINNING.
(10) Said Parcel containing therein 252,940 Sq. Ft./5.807
acres more or less.
2. Subject Property - Portion of Lot 1 to be included in Zone G and
described as follows:
(a)
All that certain lot, piece or parcel of tract of land, situate
and lying in the Borough of Haworth, County of Bergen and State of
New Jersey. Being known and designated as All those Lots and part
of Lots in Block Nos. 192, 193, 194, 195, 196, 197 and 198, on map
entitled "Amended Map #2 of Hollywood Park Haworth, NJ, filed in the
Bergen County Clerk's Office, dated April 15, 1929, as Map No.
2516, as follows:
(1) BEGINNING at a point formed by the intersection
of the westerly side line of Grant Street (40.00 feet wide) and the
northerly side line of Massachusetts Avenue (60 feet wide), and running;
thence;
(2) North 88 degrees 2 minutes 1 second West, 334.98
feet, to a point, thence;
(3) North 1 degrees 57 minutes 59 seconds East, 286.44
feet, to a point, thence;
(4) North 86 degrees 39 minutes 4 seconds East, 60.28
feet, to a point, thence;
(5) North 86 degrees 39 minutes 50 seconds East, 293.80
feet, to a point, thence;
(6) South 5 degrees 7 minutes 16 seconds West, 319.66
feet, to the point or place of BEGINNING.
(7) Said Parcel containing therein 103,956 Sq. Ft/2.387
acres more or less.
b. Permitted Principal Uses.
1. Affordable housing development as defined in §
30-1.3.
2. As described in the Borough's Settlement Agreement with the
Fair Share Housing Center and the Borough's 2019 Housing Element
and Fair Share Plan, the affordable housing development in Zone G,
may include multiple uses. Multiple uses are permitted both within
individual buildings, as well as within the subject property.
3. Additionally, Zone G is exempt from §
26-202.5. Multiple permitted principal structures are permitted in G Zone and on the subject property.
4. Below are the permitted principal uses that may be included in an
affordable housing development in Zone G.
(a)
Attached single-family dwellings - shall mean a single-family
dwelling contained in a building with other residential units.
(b)
No unit shall be located above another unit, and each unit shall
be separated from any other unit by one or more common fire-resistant
fire walls.
(c)
Stacked townhouses, as defined in §
26-301.
(d)
Apartments - shall mean a dwelling unit containing one or more
rooms with private bath and kitchen facilities constituting an independent,
self-contained dwelling unit in a building containing other dwelling
units.
(e)
Alternative living arrangements, including group home units and supportive housing units, as defined in subsection
30-1.3.
(f)
Age-restricted affordable units as defined in subsection
30-1.3, except that all units are available to individuals aged 55 and older.
(g)
Family affordable units - shall mean affordable units that are
not restricted to any specific population group.
c. Permitted Accessory Uses and Structures. Indoor and outdoor community
space, attached private garages, off-street parking, covered porches,
patios sidewalks, walking paths, landscaping, buffering, fencing,
walls, lighting, signage, stormwater detention facilities, common
open space, outdoor recreational facilities or structures for the
private use and enjoyment of residents and their guests, and other
accessory structures and uses which are customary and incidental to
the principal permitted uses.
d. Bulk Area and Other Dimensional Standards.
1. As defined in §
26-301, the subject property located in Zone G is a corner lot with frontages on both Massachusetts Avenue and Grant Street. Further as defined in §
26-301, the lot lines abutting both Massachusetts Avenue and Grant Street are front lot lines.
2. The subject property located in Zone G is exempt from the requirements
of subsection 26-502.8.g.2, "Designation of Front Yard on Corner Lots."
For purposes of this subsection, the Grant Street frontage and front
lot line is considered the "designated" front lot line, and the lot
line opposite the Grant Street front lot line is considered the rear
lot line. The lot line opposite the Massachusetts Avenue front lot
line is considered the side lot line.
3. Minimum lot area: 2.3 acres.
4. Minimum lot depth: 300 feet.
5. Minimum lot width: 300 feet.
6. Minimum setbacks:
(a)
For buildings [Note: Patios, covered porches and awnings that
are attached to the principal building(s) are permitted to encroach
up to seven feet into the required front, rear or side yard setbacks.]
7. For accessory buildings and structures:
(a)
Front yards: Not permitted.
8. For parking areas and drive aisles:
(a)
Front yard: 15 feet for parking areas and drive aisles.
(b)
Rear yard: 25 feet for parking areas and drive aisles.
(c)
Side yards: 5 feet for parking areas and drive aisles.
9. Minimum distances between buildings: 25 feet.
10.
Maximum height of structure: 2.5 stories, 35 feet.
11.
Maximum building coverage: 35%.
12.
Maximum pavement coverage: 40%.
13.
Maximum impervious lot coverage: 70%.
14.
Maximum number of dwelling units: 35 units.
e. Minimum number of total affordable units: 14 units, which shall include:
2. Two age-restricted units.
3. Four supportive housing units.
f. Parking Requirements.
1. Parking shall be provided per New Jersey Residential Site Improvement
Standards (RSIS).
2. For the attached single family dwellings, at least one parking space
shall be provided in an enclosed garage; a second parking space may
be provided in the driveway in front of the garage; parking for stacked
townhouses, apartments, group home and supportive housing units, age-restricted
units, family affordable units, and visitors may be provided in off-street
spaces.
g. Electric Vehicle (EV) parking spaces shall be provided in accordance
with NJ P.L. 2021, c. 171 (N.J.S.A. 40:55D-66.20.3.a.(1)(a)).
h. Signage. One double-sided ground-mounted sign shall be permitted,
no taller than six feet in height, with a sign area no greater than
32 square feet. Said sign shall be set back a minimum of 10 feet from
the front yard property line along Massachusetts Avenue and shall
not be located within any designated sight triangle.
i. Patios, Covered Porches, Fences and Walls:
1. No wall within the development shall exceed a height of six feet.
2. Fences shall conform to all requirements contained within subsection
26-902.1.
3. "Patio" and "Covered Porch" as used herein shall be defined as a
level area covered by a hard surface that is located at grade level
and attached to a principal building. Patios and covered porches may
be covered by a permanent roof but shall not be enclosed.
j. Landscaping. The provisions of subsection
26-904.1 of the Haworth Code entitled "Landscaping" shall apply to the development. Notwithstanding such provisions, and except where current vegetation provides a landscape buffer along each property line, and where no disturbance is proposed within five feet of a property line, a minimum of a row of evergreen trees interspersed with deciduous shade trees with a planting height of at least eight to 10 feet shall be planted along all front, rear and side yards. The spacing of such trees shall be such that, at maturity, such trees shall provide a continuous evergreen screen along such property lines. The shade deciduous shade trees interspersed with the evergreen buffer plantings shall be provided at intervals of not more than 40 feet. No tree plantings shall be permitted within the clear sight triangle at Massachusetts Avenue and Grant Street, however landscaping plantings with a mature height of no more than 2.5 feet are permitted and shall be planted in this area. All proposed landscaping and tree plantings shall be subject to the review and approval of the Haworth Planning Board at the time of Site Plan approval.
k. Buffering. The provisions of subsection
26-903.5 of the Haworth Code entitled "Required Buffering Areas and Setbacks" shall apply to the development.
l. Lighting. The provisions of §
26-905 entitled "Lighting" of the Haworth Code shall apply to the development.
m. Architectural Design Standards. The provisions of §
26-907 of the Haworth Code, entitled "Architectural Design Standards of Structures Requiring Site Plan Review and Approval" shall apply to the development.
n. Utilities. The provisions of §
26-910 of the Haworth Code entitled "Utilities" shall apply to the development.
o. Stormwater. Development shall comply with the provisions of §
26-911 of the Haworth Code, entitled "Stormwater Control," along with any applicable New Jersey State requirements.
p. Affordable Housing.
Pursuant to the Settlement Agreement adopted May 14, 2019 between
the Borough and Fair Share Housing Center, 14 affordable dwelling
units shall be set aside for occupancy by low- and moderate-income
households. As stipulated in the 2019 Settlement Agreement, the quantity
and type of affordable units shall be provided as follows:
2. Two age restricted units.
3. Four supportive housing units.
4. The bedroom and income mix and phasing shall comply with the requirements of the Uniform Housing Affordability Controls ((UHAC); N.J.A.C. 5:80-26.1 et seq.)) and the requirements of the May 14, 2019 Settlement Agreement between the Borough and Fair Share Housing Center. At least 13% of the units shall be occupied by very-low-income households. Such low- and moderate-income units shall be dispersed throughout the development to the extent possible. Additionally, the exterior finishes and appearance shall be the same as that of the market-rate units. Such units shall be restricted to low- and moderate-income households for a period of not less than 30 years. The developer shall be responsible for retaining a qualified administrative agent at the developer's sole cost and expense. The provisions of §
30-1, Affordable Housing, shall apply.
[Ord. No. 779 § 16.503.1; Ord. No. 2013-02 § 26-503.1]
a. Before a construction permit or certificate of occupancy shall be issued for a use permitted as a conditional use by this chapter, application shall be made to the Planning Board. In making application to the Board, the developer shall follow the procedures outlined in Article
26-1000 of this chapter for site plan review.
b. The Planning Board shall approve or deny a conditional use with site plan review; following the procedures outlined in Article
26-1000 of this chapter. Unless otherwise stated in this section, all applications for conditional use approval shall include application for major site plan approval.
c. Unless otherwise permitted, every conditional use shall meet all
bulk requirements for the zone in which it is located.
d. In reviewing all requests for approval of a conditional use the Board
shall give due consideration to all reasonable elements that could
affect the public health, welfare, safety, comfort and convenience
such as, but not limited to, the following principles and standards:
1. Such use shall be specifically authorized as a conditional use in
the district within which the site is located.
2. For every conditional use, the Board shall make a specific finding,
supported by evidence produced at a public hearing in the manner provided
by law, that such use will not be detrimental to the character of
the neighborhood.
3. For every conditional use, the Board shall determine that there is
adequate and appropriate access for the estimated traffic from public
streets and sidewalks to ensure public safety and to avoid traffic
congestion.
4. For every conditional use, the Board shall determine that adequate
parking and off street truck loading spaces will be provided, in conformity
with this chapter, for the anticipated number of occupants, employees
and patrons, and that the layout of the parking spaces, truck loading
spaces and interior driveways is convenient and conducive to safe
operation.
5. For every conditional use, the Board shall require suitable plantings
and/or fencing along side and rear lot lines adjacent to residential
uses or districts.
6. A conditional use shall be further subject to the applicable specific requirements set forth at subsection
26-503.2 herein.
[Ord. No. 779 § 16.503.2; Ord. No. 2013-02 § 26-503.2]
Conditional uses shall be permitted as provided in Section
26-502 provided that the following specific requirements are met for each use:
a. House of Worship.
1. Lot area shall be twice the minimum lot area of the zone district
within which it is located.
2. Setbacks shall be twice those required in the zone district within
which it is located.
3. Off-street parking shall be provided as per the off-street parking
requirements contained in this chapter.
4. Such buffer area as required in subsection 26-503.1.d.5 above shall
be adequately landscaped and/or fenced as to provide an attractive
visual screen.
b. Community Residence and/or Shelter.
1. The total number of residents, exclusive of staff, residing in any
such community residence/shelter shall not exceed six.
2. The location of the nearest existing such community residence and/or
shelter shall be no less than 1,500 feet from the proposed facility.
3. Total floor space in the residence shall be no less than 2,000 square
feet for the six residents and an additional 150 square feet for each
additional occupant.
4. The total common congregating area, e.g. living rooms, within the
residence shall be no less than 400 square feet.
5. There shall be a separate bedroom for each resident staff member
or, in the case of married staff members, for each married couple
on the staff; additional bedroom area shall be no less than 75 square
feet for each resident exclusive of staff.
6. There shall be no less than one bathroom facility for each four occupants
or part thereof.
7. The structure has no structural characteristic that might or could
adversely affect the health or safety of its residents.
8. The home is in compliance with all applicable State and Federal laws.
9. Off-street parking shall be provided as per the off street-parking
requirements contained in this chapter.
c. Public and Non-Profit Day School.
1. Lot area shall be twice the minimum lot area of the zone district
within which it is located.
2. Setbacks shall be twice those required in the zone district within
which it is located.
3. Off-street parking shall be provided as per the off-street parking
requirements contained in this chapter. There shall be no off-street
parking in the front yard. Off-street parking in the side or rear
yards shall not be closer than 15 feet to an adjacent residential
property line or 10 feet from a nonresidential property line.
4. Such buffer area as required in subsection 26-503.1.d.5 above shall
be adequately landscaped and/or fenced to provide an attractive visual
screen.
d. Satellite Dish Antennas.
1. No more than one such antenna is to be permitted per lot.
2. All satellite dish antennas located in residential zones shall be
situated in rear or side yards and located not closer than 10 feet
from any property line. All such antennas shall be suitably screened
during all seasons of the year from neighboring properties and the
public.
3. Nonresidential uses, shall be permitted to erect an antenna on the
side or roof of a principal or accessory structure provided the antenna
is suitably screened from public view. No antenna in a nonresidential
zone shall be permitted in a front yard.
4. Ground mounted antennas shall not exceed 15 feet in height, and structure
mounted antennas shall not exceed 12 feet in height above the main
ridge of the roof of the structure. Pole mounted antennas shall not
exceed the maximum structure height permitted for an accessory use
in the zone in which it is located.
e. Mixed-Use Design Standards.
[Added 11-26-2019 by Ord.
No. 19-17]
1. Dwelling units shall have a compatible architectural theme, with
complementary variations in exterior design and color. This shall
include varying building and/or facade orientation, modifying dwelling
unit widths and heights, changing rooflines and altering color and
fenestration patterns. All sides of a building facing a public street
shall be architecturally designed to be consistent with regard to
style, materials, colors and details.
2. The facades of apartment units in a group shall include variation
in materials or design so that not more than two abutting apartments
will have the same or essentially the same architectural treatment
of facades and rooflines.
3. All building entrances shall include architectural elements, including
but not limited to columns, porches, overhangs, etc.
4. It is the goal of this chapter to generate appropriately scaled development,
promote buildings with architectural distinction and encourage environmental
sustainability. Variations in design as well as establishing patterns
of building widths and lots are encouraged. For the nonresidential
component of the mixed use, conformity among signage and awnings is
encouraged.
5. All rooftop mechanical equipment shall be located in the rear third
of the roof area, except for corner lots in which case the mechanical
equipment shall be located on the rear half of the roof area. This
requirement shall be subject to the review of the Planning Board and
the Borough Engineer as part of the site plan review process.
6. Mixed-use sites shall be designed to maximize available light, air
and open space.
7. All applicable construction codes must be met.
f. Mixed-Use Bulk Requirements.
[Added 11-26-2019 by Ord.
No. 19-17]
1. The ground-floor use shall be a business or commercial use that is permitted in Business District D, as provided in Subsection
26-502.4a.
2. The second-floor use shall be residential dwelling units.
3. Maximum residential density of 12 units per acre.
4. The bulk regulations for the Business Zone D, as contained in the
Limiting Schedule A of the Borough Zoning Ordinance, shall be met, with the
exception of minimum lot area, maximum permitted building height (feet
and stories), and rear yard setback which shall be as required herein.
5. Minimum lot area: 20,000 square feet.
6. Maximum permitted building height (feet): 35 feet.
7. Maximum permitted building height (stories): 2.5 stories.
8. Minimum rear yard setback: 10 feet.
9. All parking requirements shall conform to §
26-903 of the Code of the Borough of Haworth, as well as the New Jersey Residential Site Improvement Standards.
10.
If the residential units are rental units, 15% shall be reserved
for affordable households. If the units are for sale, 20% shall be
reserved for affordable units.
[Ord. No. 779 § 16.504; Ord. No. 2013-02 § 26-504]
a. No structure shall be erected and no existing structure shall be
moved, altered, added to or enlarged, nor shall any land or structure
be designed, used or intended to be used, for any purpose or in any
manner other than as specified among the uses hereinafter listed as
permitted in the zone in which such structure or land is located.
b. No structure shall be erected, reconstructed or structurally altered
to exceed in height the limit hereinafter designated for the zone
in which such structure is located.
c. No structure shall be erected and no existing structures shall be
altered, enlarged or rebuilt, nor shall any open space surrounding
any structure be encroached upon or reduced in any manner, except
in conformity to the yard, lot area and structure location regulations
hereinafter designated for the zone in which such structure or open
space is located.
d. No yard or other open space provided about any structure for the
purpose of complying with the provisions of this chapter shall be
considered as providing a yard or other open space for any structures,
and no yard or other open space on one lot shall be considered as
providing a yard or open space for a structure on any other lot.
e. No land in a residential zone shall be used to fulfill open space,
parking or other similar requirements for use in nonresidential zones.
Vehicle access for nonresidential uses shall be directly from a street
as shown on the Master Plan.
f. Any use not specifically designated as a principal permitted use,
a permitted use, a permitted accessory use or a conditional use is
specifically prohibited from any zone district in the Borough.