[Added 7-13-1993 by Ord. No. 93-951;
amended 8-9-1994 by Ord. No. 94-974]
A. In the RI-10 Residential Zone, no building or land shall be used and no building or other structure shall be built, altered or erected to be used for any purpose other than those specified in Subsection
A(1) through
(6) of this section.
(1) Single-family
detached residence with a maximum of 34 such residences within the
zone for property identified as "Block 1401, Lots 12, 13 and 14,"
on the current Montvale Tax Assessment Map. Additionally, single-family
detached residence with a maximum of five such residences within the
zone shall be permitted for property identified as "Block 1504, Lots
21 and 22," on the current Montvale Tax Assessment Map. However, notwithstanding
anything to the contrary set forth in the Limiting Schedule, the minimum rear yard setback with respect to any existing
single-family detached dwelling on Lot 21 in Block 1504 shall be no
less than 27 feet.
(2) Churches, temples and other houses of worship (subject to the provisions of §
400-80).
[Amended 6-14-2016 by Ord. No. 2016-1416]
(3) Municipal buildings, playgrounds, parks and public and private schools (public and private schools subject to the provisions of §
400-79 et seq.).
(4) Way stations
for the shelter of passengers using commercial transportation.
(5) Such accessory
uses as are customarily incident to the foregoing uses and are not
injurious to a residential district.
(6) Temporary
buildings, such as toolhouses or workmen's shacks, to be used in connection
with the erection of a permanent building, for a period not exceeding
one year. Such temporary buildings shall be removed within 60 days
after the completion of the permanent building or after the one-year
period.
B. Further
special accessory uses.
[Amended at time of adoption of Code (see
Ch. 1, General Provisions, Art. II)]
(1) Tennis courts. Tennis courts shall be permitted as accessory uses in the RI-10 Zone, provided that the requirements of §
400-19 are met.
C. Area, yard and bulk requirements. Area, yard and bulk requirements for the RI-10 Zone shall be as established in §
400-44, Limiting Schedule.
D. Regional
Contribution Agreement requirements. No development of any nature
shall be permitted within this zone for property identified as "Block
1401, Lots 12, 13 and 14," on the current Montvale Tax Assessment
Map by the property owner except in accordance with the settlement
of a lawsuit entitled "Janovic v. Borough of Montvale, Docket No.
L-33745-89, Superior Court of the State of New Jersey, Law Division,"
and a certain settlement agreement recorded in connection therewith,
a copy of which is on file with and available for inspection from
the Borough Clerk.
[Amended 12-13-1994 by Ord. No. 94-988]
[Added 2-9-1999 by Ord. No. 99-1115]
Lots 11 and 12 in Block 302, as the same appears
on the Tax Assessment Map of the Borough of Montvale, formerly designated
as being situated partially in the B-2 Business Zone and partially
in the R-40 Residential District, are hereby incorporated into the
Townhouse T-6 District, whose rules and regulations are more fully
described herein.
A. Permitted
principal uses in T-6 Zone.
(1) No building,
structure, area or lot or land shall be used in whole or in part for
any other than one or more of the uses specified below:
(b) Single-family detached residential uses, subject to §
400-19.
(c) Churches, temples and other houses of worship (subject to the provisions of §
400-80).
[Added 6-14-2016 by Ord.
No. 2016-1416]
(d) Public and private schools (subject to the provisions of §
400-79).
[Added 6-14-2016 by Ord.
No. 2016-1416]
(2) Residential
clusters and townhouses may also include any of the following uses,
provided that the same may only be used by residents of the development
and their guests and not by the general public:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(a) Playgrounds,
parks and other open space areas.
(b) Indoor
or outdoor swimming pools, clubhouses and outdoor (but not indoor)
tennis courts.
(3) Single-family detached residential uses may include the accessory uses identified in §
400-19B.
B. Conditional
uses in T-6 Zone. No conditional uses shall be permitted in the T-6
Zone.
C. Requirements
in T-6 Zone. The following area, yard and bulk requirements shall
apply to the T-6 Zone:
(1) Minimum lot
size.
(a) No tract,
parcel of lot or assemblage of lots may be developed as a residential
cluster or townhouse development in the T-6 Zone unless it shall be
comprised of a minimum of four or more acres or adjoining and contiguous
land and unless it has sufficient access to an improved and approved
public street. For the purpose of this section, internal streets,
roads and rights-of-way shall not be deemed to divide acreage in the
T-6 Zone.
(b) For the
purpose of this section, an acre shall be equal to 43,560 square feet.
All calculations for minimum lot area, dwelling unit density, building
and improved lot coverage shall be measured from the roadway widening
or deed of easement, whichever is greater.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(2) Minimum distance
between buildings.
Measurement
|
Distance
(feet)
|
---|
Front to front
|
75
|
Front to side
|
30
|
Front to rear
|
75
|
Side to side
|
30
|
Side to rear
|
50
|
Rear to rear
|
75
|
(3) Maximum building
coverage. The maximum building coverage of all principal buildings
and structures in a T-6 Zone shall be equal to 20% of the total lot
area.
(4) Maximum lot
coverage. The maximum lot coverage of all buildings, accessory uses
and man-made improvements, including parking areas, roadways, sidewalks,
swimming pools and other recreational facilities, and man-made aboveground
retention and detention facilities, shall not exceed 60% of the total
lot area.
(5) Maximum building
height. The maximum building height in the Townhouse T-6 Zone shall
not exceed 35 feet and two stories, exclusive of basement and cellar
areas that may only be used for parking, storage, utilities and the
placement of mechanical equipment to service the principal building.
(6) Maximum length
of buildings.
(a) The maximum
length of a building group consisting of townhouses and townhouse/duplexes
shall be limited to a length of 180 feet. No building group shall
exceed six townhouse units.
(b) No building
group of townhouses shall contain two dwelling units back to back
wherein two dwelling units abut one another without two or more sides
of the dwelling units providing cross ventilation of windows. All
entrances to dwelling units shall face or have direct access to a
street or roadway and also must have direct access for emergency services.
(7) Buffer area.
(a) In the T-6 Zone, the applicant shall provide and maintain a buffer area, as defined in §
400-8, for townhouse residential development, which shall be no less than 50 feet in width from all external property lines of the site which abuts any R-40, R-15 or R-10 Zone District. Said buffer area shall be kept in its natural state where wooded. The landowner shall be required to provide a year-round visual screen, as determined by the Planning Board.
(b) No use or structure, including parking or loading areas, shall be permitted within the required buffer area, but the Planning Board, upon specific findings or reasons therefor, may permit a portion of a buffer area to be used for utility easements or streets to ensure access to or from a principal roadway in such manner that is consistent with the definition of buffer area as set forth in §
400-8.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(c) The required
buffer area shall be included in the area of a residential cluster
or townhouse development for the purpose of computing compliance with
the open space requirements of this chapter, as set forth herein.
D. Requirements
for cluster residential development and townhouse uses. The following
area, yard and bulk requirements shall apply to cluster residential
development and townhouses uses in the T-6 Zone:
(1) The minimum
sizes of lots, the number and minimum sizes of yards and building
bulk controls shall be governed by the accompanying schedule entitled
"Limiting Schedule," which, together with all explanatory matter thereon, is
attached to and made part of this chapter.
(2) All buildings
and structures within the T-6 Zone shall be set back no less than
60 feet from any external right-of-way line or deed of easement line,
whichever is more restrictive.
(3) At all intersections of streets, and/or driveways, an adequate sight triangle, as defined in §
400-8, shall be maintained.
(4) Minimum side
or rear yard setback. The minimum side or rear yard setback to all
external property lines shall be 50 feet, except where there is a
mandatory buffer requirement, then the combined width of the side
or rear yard setback and the buffer shall be 75 feet.
(5) Building setback to an internal driveway, other than public or private roadway. The minimum side yard or rear setback from an internal driveway that is not a street or roadway shall be 10 feet except as provided in the definition of sight triangle, indicated in §
400-8 herein.
E. Land use
intensity area, yard and bulk regulations; distribution of dwelling
units. The following requirements as to the density and yard shall
apply to the T-6 Zone:
(1) Overall residential
density. The maximum residential density for the T-6 Zone shall be
limited to a maximum of six dwelling units per acre of land, excluding
all lands that contain deeds of easement to Bergen County.
(2) The minimum
front yard setback from all streets, roadways, driveways and other
direct means of access to individual housing units that are not a
public street shall be 30 feet measured from the street right-of-way
or the edge of the pavement, whichever is greater.
F. Open space
requirements for property situated in T-6 Zone. The following requirements
as to open space shall apply to property situated in the T-6 Zone:
(1) At least
35% of the total land area of any cluster residential development
or townhouse development shall be designed for and devoted to open
space, which shall include wetlands and wetland transition areas.
In computing such 35% requirement, common recreation areas accessory
to the residential use and required buffer area shall be included
as open space.
(2) Maintenance
of open space. Any common open space that is proposed as part of a
cluster residential development or townhouse development shall comply
with the maintenance requirements provided by the Municipal Land Use
Law.
G. Circulation,
parking, utilities, planning and staging.
(1) All off-street parking and loading facilities shall comply with the provisions of Article
XII, Site Plan Review. Within the T-6 Zone, a minimum of 2.40 parking spaces per dwelling unit shall be provided. The development shall provide a minimum of 0.4 parking space per dwelling unit, which spaces shall be made available for visitor parking and parking for common use. Said standard of 0.4 space need not be in addition to the overall standards for the development. Garages and driveway aprons of at least 25 feet shall count as parking spaces.
(2) The following
requirements with respect to streets, utilities, environmental standards
and staging of developments shall also be applicable to the Townhouse-6
Zone:
(a) Streets.
[1] The
right-of-way and pavement widths of all internal streets, roads and
vehicular traveled ways shall be determined by the Planning Board,
based upon sound planning and engineering standards in conformity
with the estimated needs of the fully proposed development and the
traffic to be generated thereby. They shall be adequate in size loading
and design to accommodate the maximum traffic parking and loading
needs and access for firefighting, police and other emergency vehicles.
[2] All
private residential roads and streets shall contain a minimum pavement
width of 25 feet for two-way travel and 20 feet for one-way travel.
No on-street parking of any type shall be permitted on roadways with
a two-way pavement width of 25 feet or a one-way pavement width of
20 feet.
[3] All
common areas or visitor parking shall be located within 200 feet of
the designated residential parking it is designed to serve.
[4] All
streets and roads, whether dedicated or privately owned and maintained,
or any combination thereof, shall comply with all Borough ordinances
as well as the laws of the State of New Jersey with regard to construction
and safety.
[5] Where
an Official Map or Master Plan, or both, have been adopted, the proposed
street system shall conform to the proposals and conditions shown
thereon except as may be modified by the Planning Board or governing
body, as provided by law.
(b) Utility
easements.
[1] Every
development within the T-6 Zone shall be serviced by a centralized
water and sanitary sewer system.
[2] All
utility improvements, storm drainage systems, sanitary sewage collection
and disposal, garbage collection and recycling and water supply systems
shall be in accordance with standards and procedures as established
by local, county and state regulations. Such improvement shall be
subject to review and approval by the Borough Engineer and the Board
of Health, as well as appropriate county and state agencies. Water
supply facilities shall be subject to review and approval by the Borough
Engineer and Fire Department.
(c) Electric,
gas, cable and telephone service. Electric, gas, cable and telephone
service lines shall be installed by the developer in concert with
the appropriate public utilities providing such service. All such
utility shall be installed underground.
(d) Street
improvements. Monuments, street names, traffic control devices, shade
trees, streetlights, sidewalks, curbs, fire hydrants and all aspects
of street construction, as well as other improvements, shall comply
with all applicable provisions of the Borough of Montvale and shall
meet with the approval of the Borough Engineer.
(e) Environmental
standards. Any development within the T-6 Zone shall comply with all
environmental standards as well as provided herein and all other provisions
of the Borough of Montvale, the state and federal governments. Any
new building or structure to be erected, any existing building or
structure to be moved, enlarged, altered or added to any land shall
comply with the following requirements:
[1] There
shall be no increase in the rate of runoff of any adjoining or nearby
stream or watercourse. Zero percent increase in runoff shall be maintained
for the site in consideration of a 100-year storm unless a lesser
standard is made applicable to the property pursuant to a duly adopted
state regulation, in which event the lesser standard shall apply.
[2] All
principal buildings shall be set back a minimum of 15 feet from the
100-year flood line of any stream or watercourse. All stream and watercourse
corridors within this fifteen-foot distance shall remain in their
natural state, except where necessary to provide utility easement
or connecting roadways. The Planning Board shall, in addition, require
the applicant to dedicate to the public an easement of not less than
10 feet width along each side or edge of such body of water. The foregoing
requirements shall be considered design standards, deviation from
which shall require a waiver from the Planning Board.
[3] No
portion of the sanitary sewer system servicing the development may
be located within 100 feet of any groundwater source in any area of
fractured bedrock.
[4] No
portion or feature of any residential development shall impede any
existing waterways or streams or substantially alter the hydrology
to the area.
[5] In the T-6 Residential Zone, no structure shall be permitted in any area of development having a topographic slope of 15% or greater as provided in §
400-47.
[6] Any
application in the T-6 Zone shall be required to file an environmental
impact statement in accordance with the standards and procedures established
herein.
H. Staging.
As permitted by N.J.S.A. 40:55D-39c(6), a residential cluster development
or townhouse development may be developed in stages. No proposed sequence
of stages submitted by the applicant shall be approved unless the
Planning Board finds and determines as follows:
(1) That each
stage is substantially self-functioning with regard to access, utility
services, parking, open space and other similar physical features
maintained upon completion of construction and development.
(2) That each
stage is properly related to every other segment of the development
and to the community as a whole and to all necessary community services
which are available or which may be needed to serve the development
in the future.
(3) That adequate
protection will be provided to ensure the proper disposition of each
stage through the use of maintenance and performance guaranties, covenants
and other formal agreements.
(4) That the
landowner will provide a balanced distribution for development in
each stage. Such disposition shall be judged on the basis of the level
of improvement costs, physical planning and coordination required
and other relationships which may be necessary to undertake each stage
or segment.
I. Development fees. All development in the T-6 Zone shall be subject to the residential development fees pursuant to Chapter
65, Land Use Procedures, §
65-39, of the Borough Code.
[Amended 6-14-2016 by Ord. No. 2016-1416]
No building or structure other than apartments shall be built, altered or erected to be used in this district, except that churches, temples and other houses of worship shall be permitted (subject to the provisions of §
400-80), and public, private and boarding schools shall be permitted (subject to the provisions of §
400-79).
In the Business B-1 District and Business B-2
District, no building or land shall be used and no building or other
structure shall be built, altered or erected to be used for any purpose
other than those specified in Subsections A through H of this section.
A. Any use permitted in Residence
R-40, Residence R-15 and Residence R-10 Districts, except for public,
private and boarding schools and churches, temples and houses of worship;
provided, however, that where the district boundaries of the Business
B-1 or Business B-2 District shall abut a residential district, the
Limiting Schedule requirements applicable to the abutting district
shall apply. In the event that any one or more of the zone boundaries
of the Business B-1 District or Business B-2 District shall abut more
than one residential district, the Limiting Schedule requirements
as to the least restricted district shall be applicable.
[Amended 6-14-2016 by Ord. No. 2016-1416]
B. Public restaurants
where the serving of food and beverages is accomplished exclusively
inside a building or structure and the consumption of food and beverage
is accomplished exclusively either inside a building or structure
or off the premises. No drive-through, drive-in or curb-service restaurants
or eating establishments where food and beverages are served or consumed
on the property other than within an enclosed building shall be permitted
in these districts.
[Amended 3-8-1994 by Ord. No. 94-962]
C. Retail stores
where goods are sold or service is rendered and where nothing is fabricated
or manufactured or converted or altered except for such retail trade.
Specifically excepted from the foregoing are any uses which involve
the repair and/or maintenance of vehicles.
[Amended 5-12-1998 by Ord. No. 98-1091]
D. Offices, banks
and financial institutions.
E. Undertaking establishments.
F. Personal service
establishments such as tailor shops, shoe repair shops, barbershops
or beauty parlors.
G. Accessory buildings
for the storage of articles for sale in connection with any of the
hereinabove enumerated uses.
H. Residential apartments
above the first floor.
[Added 10-12-2004 by Ord. No. 2004-1223]
(1) Residential apartments shall be permitted as a conditional use within the B-1 Business District subject to the conditions set forth in §
400-23H(1) below:
(a) No apartments
shall be permitted above shopping centers, nor above supermarkets
or drugstores.
(b) Only properties
of greater than 30,000 square feet but less than 80,000 square feet
shall be permitted to have such residential apartments.
(c) Only properties
with at least 150 feet of frontage on Kinderkamack Road shall be permitted
to have such residential apartments.
(d) Such apartments
shall be limited to the second floor only and shall not be permitted
on the ground floor.
(e) No unit
shall be less than 650 square feet in size, but no unit may contain
more than two bedrooms.
(f) A maximum
density of 10 residential units per acre shall be permitted.
(g) A maximum
height of two stories and 30 feet shall be permitted.
(h) For each
five units of market-rate housing, the developer shall be required
to fund one unit of affordable housing by making a contribution equal
to the cost of one RCA, as defined and regulated by the Council on
Affordable Housing.
(2) The following
bulk regulations shall apply. Such regulations shall not constitute
conditional use standards, and variances from such regulations shall
be treated as "C" variances.
(a) The floor
area of the residential units shall not be counted towards the gross
floor area permitted in the zone under the floor area ratio requirements
of the Limiting Schedule of the chapter.
(b) The yard
setbacks of the B-1 District shall be met, except in the case where
a first-floor building footprint exists which does not conform to
such standards, the residential apartments shall be permitted within
the confines of the existing building footprint.
(c) The maximum
lot coverage may be increased to 80%.
(d) Parking for the residential units shall comply with the parking requirements set forth in Article
VIII except that the Board may approve a lesser number based upon credible evidence based upon such factors as the availability of bus and train service within walking distance, the lower number of persons residing in the residential units due to the existence of studios (zero-bedroom) or one-bedroom units, and shared parking wherein the spaces provided to the retail ground-floor uses are available on evenings and weekends for the residents when the businesses are closed.
[Amended 6-10-1980 by Ord. No. 80-716; 12-8-1987 by Ord. No.
87-849; 6-14-1994 by Ord. No. 94-966; 10-11-1994 by Ord. No.
94-981; 12-28-2000 by Ord. No. 2000-1149; 12-14-2004 by Ord. No.
2004-1226; 1-31-2012 by Ord. No. 2012-1350]
In the Office and Research Districts, no building
or land shall be used and no building or other structure shall be
built, altered or erected to be used for any purpose other than those
specified in Subsections A through F of this section.
A. Office buildings,
including buildings housing professional offices.
B. Scientific or
research laboratories, testing, experimental or computation centers,
provided that there shall be no use thereof that is noxious, offensive
or hazardous by reason of emission of odor, dust, smoke, noise or
electric, magnetic or radioactive waves.
C. Medical center buildings, hospitals,
medical and dental offices, nursing homes, clinics and offices for
the practice of veterinary medicine.
[Amended 3-8-2016 by Ord.
No. 2016-1408]
D. Municipal buildings, libraries,
playgrounds, parks, recreation and essential municipal uses.
E. Conditional uses.
(1) Fitness centers and hotels shall be permitted only in the OR-4 District, provided such uses are located on lots of at least five acres in size and with a minimum lot width of 300 feet. Additionally, fitness centers and hotels shall also adhere to the requirements of §
400-59. Relief from the requirements of §
400-59 shall be treated as "C" variances pursuant to N.J.S.A. 40:55D-70(c).
(2) Public utility building or structure other than an electricity generating plant, gas manufacturing plant or gasometer, subject to the conditional use standards of §
400-82.
(3) Assisted living residences
shall be permitted in the OR-3 or OR-4 District, provided that a minimum
of 10% of the units are reserved for Medicaid-eligible persons such
that the units will qualify as affordable units for the purposes of
the Borough of Montvale's Housing Element and Fair Share Plan and
that the following requirements are met:
[Added 2-28-2017 by Ord.
No. 2017-1423]
(a) Primary access shall be
achieved from a road under the jurisdiction of Bergen County.
(b) Minimum lot size: 10 acres.
(c) Minimum lot width: 200
feet.
(d) Minimum front yard setback:
75 feet.
(e) Side yard setback.
[1] Minimum side yard setback:
50 feet.
[2] Aggregate minimum side
yard setback (both sides): 100 feet.
(f) Minimum rear yard setback:
50 feet.
(g) Maximum lot coverage:
as regulated in the underlying zone.
(i) Maximum building height:
50 feet and three stories.
(j) Parking: 0.5 parking space
per residential unit.
(k) Building exteriors shall
have vertical and/or horizontal offsets and variations of construction
materials to create visual breaks on the exterior.
(l) There shall be provided
a safe and convenient system of sidewalks accessible to all occupants.
Due consideration should be given in planning walks, paths, and ramps
to prevent slipping or stumbling. Handrails and ample space for rest
shall be provided. All walks, paths and risers shall be designed according
to the requirements of the Americans with Disabilities Act (ADA).
(m) A buffer area as defined in §
400-8, which shall be no less than 15 feet in width from all external property lines of the site.
(n) Sign regulations: as regulated
in the underlying zone.
(o) Maximum 25 units per acre.
F. Accessory uses. Within the OR-1,
OR-2, OR-3 and OR-4 Districts, the following accessory uses shall
be permitted:
(1) Storage of materials or supplies
incidental to the principal uses permitted in this district, provided
that the materials or supplies are stored within an enclosed building.
(2) Only within the principal
building itself and not as freestanding uses, banks and financial
institutions and other service establishments where no products are
manufactured, processed or sold, such as the offices of a real estate
broker, insurance broker and travel agency.
(3) Heliports, helistops and
related facilities intended for the takeoff and landing of helicopters
and other forms of aircraft are specifically prohibited as an accessory
use within the districts.
(4) Uses customary and incidental
to the principal use.
(5) Multilevel parking garages, provided the lot is more than five acres in size and subject to the provisions of §
400-58E.
[Amended 2-28-2017 by Ord. No. 2017-1423]
I. Access to apartment,
condominium, or townhouse development in the RCO District.
(1) A roadway
or driveway through land in the OR-2 Office and Research District
shall be permitted by conditional use to apartment, condominium, or
townhouse development in the RCO-Retirement Community Overlay District,
meeting the following requirements:
(a) The roadway
or driveway shall meet minimum standards as required by the residential
site improvement standards.
(b) The roadway
or driveway shall be reviewed and approved by the Montvale Fire and
Police Departments for purposes of assuring safe access for emergency
vehicles.
[Added 5-29-2018 by Ord.
No. 2018-1452]
A. The Borough of Montvale has established
the following overlay districts within the Borough of Montvale:
(1) MI-1 Mixed-Use Inclusionary
1 Overlay District.
(2) MI-2 Mixed-Use Inclusionary
2 Overlay District.
(3) MI-3 Mixed-Use Inclusionary
3 Overlay District.
B. Mixed-Use Inclusionary 1 (MI-1) Overlay District. The following standards shall apply to development within the MI-1 Overlay District. When the standards herein conflict with other provisions of Chapter
400, the standards herein shall apply.
(1) Purpose. The purpose of the
MI-1 Overlay District is to provide a realistic opportunity for the
construction of affordable housing as part of a mixed-use inclusionary
development. The MI-1 Overlay District shall be applied as an overlay
zone to the underlying B-1 District. This approach provides property
owners and developers with the opportunity to utilize either set of
zoning regulations as they deem preferable.
(2) Permitted principal uses.
In the MI-1 Overlay District, the following uses shall be permitted:
(a) Restaurants; however,
no drive-through, drive-in or curb-service restaurants shall be permitted.
(b) Retail stores where goods
are sold or services are rendered and where nothing is fabricated
or manufactured or converted or altered except for such retail trade.
Specifically excepted from the foregoing are any uses which involve
the repair and/or maintenance of vehicles, which are prohibited.
(c) Offices, banks and financial
institutions, including medical and professional offices.
(d) Personal service establishments.
(f) Multifamily residential
units above the ground floor.
(g) A mixture or combination
of the above uses.
(3) Permitted accessory uses.
(a) Tenant amenities, including
but not limited to recreational and fitness facilities, lobbies, leasing
and management offices and mail rooms.
(b) Outdoor dining, associated
with permitted restaurant uses, subject to the following conditions:
[1] Tables shall be located
on private property and not in the public right-of-way.
[2] Fencing, bollards or
planters shall be used to define the outdoor dining area.
[3] No outdoor dining shall
be permitted after 12:00 midnight.
[4] All lighting shall
be downward-facing and shall be turned off no later than 12:30 a.m.
[5] Outdoor dining shall
not include an outdoor bar or any other similar outdoor accessory
use that serves only beverages, nor does it include any drive-through
or takeout windows.
[6] Approval shall not
be construed as approval by the Borough Council for extension and/or
renewal of any license under ABC jurisdiction.
[7] No amplified music
shall be permitted.
[8] Outdoor seating shall
count for purposes of calculating parking requirements.
(c) Waste and recycling receptacles.
(d) Surface parking and parking
incorporated into the building design.
(e) Any use customary and
incidental to a permitted principal use.
(4) Bulk area and other dimensional
standards.
(a) Minimum lot area: four
acres.
(b) Minimum front yard: 100
feet (measured from street center line).
(c) Minimum side yard: 20
feet.
(d) Minimum rear yard: 60
feet.
(e) Maximum building coverage:
60%.
(f) Maximum lot coverage:
85%.
(g) Maximum density: 12 units
per acre.
(h) Maximum building height:
three stories and 40 feet.
(i) Retaining walls, sidewalks,
walkways, fences, aboveground and underground utilities shall be permitted
within the setbacks.
(5) Affordable housing requirements.
(a) Twenty percent of all
for-sale units in the MI-1 Overlay District shall be set aside for
certified households.
(b) Fifteen percent of all
rental units in the MI-1 Overlay District shall be set aside for certified
households.
(c) Affordable units shall be governed by deed restrictions ensuring long-term affordability controls in accordance with Chapter
130, Affordable Housing.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(d) The development, unit distribution and marketing of all affordable units shall be undertaken consistent with Chapter
130, Affordable Housing, the Uniform Housing Affordability Controls, and all other applicable laws, rules and regulations, including applicable COAH regulations, the Fair Housing Act and its requirement that at least 13% of all affordable
units associated with this project be made affordable to very-low-income
households.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(e) The developer shall be
responsible for all costs associated with the initial sale or rental
of the affordable units, and for the continuing administration of
the affordable units and the preservation of the creditworthiness
of the units.
(6) Architecture.
(a) Long, monotonous, uninterrupted
walls or roof planes shall be avoided. Building wall offsets, including
projections such as canopies and recesses, shall be used in order
to add architectural interest and variety and to relieve the visual
effect of a simple, long wall. Similarly, in the case of a pitched
roof, roofline offsets, dormers or gables shall be provided in order
to provide architectural interest and variety to the massing of a
building and to relieve the effect of a single, long roof.
[1] The maximum spacing
between building wall offsets shall be 50 feet.
[2] The minimum projection
or depth of any individual vertical offset shall be 1.5 feet.
[3] The maximum spacing
between roof offsets shall be 50 feet.
[4] Projecting balconies
are prohibited along front or side facades. Where located along a
rear facade, projecting balconies may encroach up to three feet into
a required rear yard setback.
(b) The architectural treatment
of the front facade shall be continued in its major features around
all visibly exposed sides of a building. All sides of a building facing
a public street shall be architecturally designed to be consistent
with regard to style, materials, colors and details.
(c) Fenestration.
[1] Windows shall be architecturally
compatible with the style, materials, colors and details of the building.
Windows shall be vertically proportioned.
[2] All ground-level restaurant,
retail and service uses shall have clear glass on at least 60% of
their facades (applicable to all facades visible from the public street)
between three feet and eight feet above grade.
(7) Parking.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(a) Any structured or stilted
parking area beneath a building must be disguised or obscured with
no less than 50% of the ground floor frontage occupied by an active
use (residential lobbies included), and the remainder shall have window
openings to match the floors above and evergreen foundation plantings
no less than three feet in height to soften the impact of the wall.
(b) Parking areas shall be subject to landscaping requirements per §
400-54K.
(c) Parking areas between
the street line and front facade must provide a sidewalk providing
a safe pedestrian connection between the public right-of-way and the
building entrance(s). Such sidewalk must be a minimum of five feet
wide, buffered by two feet of landscaping on each side where adjacent
to a parking area, driveway, or drive aisle.
(d) Minimum parking requirements.
[1] Retail uses, offices,
including medical and professional uses, banks, financial institutions,
and personal services uses: one off-street parking space for each
200 square feet of floor area.
[2] Restaurants and any
establishment which engages in the serving of food and/or beverages
for consumption on and/or off the premises: one off-street parking
space for every three seats provided and, in addition thereto, one
parking space for every 10 square feet of floor area made available
to customers for off-premises consumption services.
[3] Child-care centers:
one off-street parking space for each 300 feet of floor area.
[4] Residential uses: as
required by RSIS.
(e) Location of parking.
[1] All structured or stilted
parking shall be accessed only from the rear or side of the site.
No parking garage egress shall be available from the front of the
building.
[2] Surface parking between buildings and the street line is permitted, in accordance with §
400-54.
(f) Additional parking requirements.
Where uses share access to parking spaces, the required ratios above
may be lowered by the Planning Board, based upon a shared parking
analysis, which demonstrates to the reasonable satisfaction of the
Planning Board that the combined peak parking demand can be satisfied
for those shared parking facilities at a lower combined ratio.
(8) Entrances.
(a) All entrances to a building
shall be defined and articulated by architectural elements such as
lintels, pediments, pilasters, columns, porticoes, canopies, overhangs,
railings, etc.
(b) Residential units must
be accessed by a secure lobby separate from any other uses taking
place within the building.
(9) Mechanicals and utilities.
(a) Heating, ventilating and air-conditioning systems, utility meters and regulators, exhaust pipes and stacks, satellite dishes and other telecommunications receiving devices shall not be visible from the public right-of-way except where required by the public utility. The requirements of §
400-83, regarding satellite antennas, shall apply.
(b) All rooftop mechanical
equipment, inclusive of solar equipment, shall be screened from view
from all vantage points at grade or below the roof.
(c) Placement of any packaged
terminal air-conditioner units within the facade is prohibited.
(10) Sidewalks and landscaping.
Sidewalks and landscaped beds fronting any building shall be no less
than eight feet in depth combined.
(11) Refuse and recycling.
(a) Regulations of §
400-85 apply for mixed-use structures with residential units.
(b) Refuse and recycling
must be located either:
[1] Interior to a building
in a designated refuse storage area; or
[2] Located in a side
or rear yard setback area, no closer than five feet to any adjacent
lot line, enclosed on all four sides, and screened using durable materials.
(12) Landscaping. Pervious areas
shall be landscaped with a mix of deciduous and evergreen trees and
low ground cover or grass.
C. Mixed-Use Inclusionary 2 (MI-2) Overlay District. The following standards shall apply to development within the MI-2 Overlay District. When the standards herein conflict with other provisions of Chapter
400, the standards herein shall apply.
(1) Purpose. The purpose of the
MI-2 Overlay District is to provide a realistic opportunity for the
construction of affordable housing as part of a mixed-use inclusionary
development. The MI-2 Overlay District shall be applied as an overlay
zone to the underlying B-1 District. This approach provides property
owners and developers with the opportunity to utilize either set of
zoning regulations as they deem preferable.
(2) Permitted principal uses.
In the MI-2 Overlay District, the following uses shall be permitted:
(a) Restaurants; however,
no drive-through, drive-in or curb-service restaurants shall be permitted.
(b) Retail stores where goods
are sold or services are rendered and where nothing is fabricated
or manufactured or converted or altered except for such retail trade.
Specifically excepted from the foregoing are any uses which involve
the repair and/or maintenance of vehicles, which are prohibited.
(c) Offices, banks and financial
institutions, including medical and professional offices.
(d) Personal service establishments.
(g) Multifamily residential
units above the ground floor.
(h) A mixture or combination
of the above uses.
(3) Permitted accessory uses.
(a) Tenant amenities, including
but not limited to recreational and fitness facilities, lobbies, leasing
and management offices and mail rooms.
(b) Outdoor dining, associated
with permitted restaurant uses, subject to the following conditions:
[1] Tables shall be located
on private property and not in the public right-of-way.
[2] Fencing, bollards or
planters shall be used to define the outdoor dining area.
[3] No outdoor dining shall
be permitted after 12:00 midnight.
[4] All lighting shall
be downward-facing and shall be turned off no later than 12:30 a.m.
[5] Outdoor dining shall
not include an outdoor bar or any other similar outdoor accessory
use that serves only beverages, nor does it include any drive-through
or takeout windows.
[6] Approval shall not
be construed as approval by the Borough Council for extension and/or
renewal of any license under ABC jurisdiction.
[7] No amplified music
shall be permitted.
[8] Outdoor seating shall
count for purposes of calculating parking requirements.
(c) Waste and recycling receptacles.
(e) Any use customary and
incidental to a permitted principal use.
(4) Bulk area and other dimensional
standards.
(a) Minimum lot area: 7,500
square feet.
(b) Minimum lot width: 75
feet.
(c) Minimum front yard: five
feet (measured from property line).
(d) Maximum front yard: 10
feet (measured from property line).
(e) Minimum side yard: five
feet (one); 15 feet (aggregate).
(f) Minimum rear yard: 30
feet.
(g) Maximum building coverage:
60%.
(h) Maximum lot coverage:
90%.
(i) Maximum density: 12 units
per acre.
(j) Maximum building height:
three stories and 40 feet.
(k) Retaining walls, sidewalks,
walkways, fences, aboveground and underground utilities shall be permitted
within the setbacks.
(5) Affordable housing requirements.
(a) Twenty percent of all
for-sale units in the MI-2 Overlay District shall be set aside for
certified households.
(b) Fifteen percent of all
rental units in the MI-2 Overlay District shall be set aside for certified
households.
(c) Affordable units shall be governed by deed restrictions ensuring long-term affordability controls in accordance with Chapter
130, Affordable Housing.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(d) The development, unit distribution and marketing of all affordable units shall be undertaken consistent with Chapter
130, Affordable Housing, the Uniform Housing Affordability Controls, and all other applicable laws, rules and regulations, including applicable COAH regulations, the Fair Housing Act and its requirement that at least 13% of all affordable
units associated with this project be made affordable to very-low-income
households.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(e) The developer shall be
responsible for all costs associated with the initial sale or rental
of the affordable units, and for the continuing administration of
the affordable units and the preservation of the creditworthiness
of the units.
(6) Architecture.
(a) Long, monotonous, uninterrupted
walls or roof planes shall be avoided. Building wall offsets, including
projections such as canopies and recesses, shall be used in order
to add architectural interest and variety and to relieve the visual
effect of a simple, long wall. Similarly, in the case of a pitched
roof, roofline offsets, dormers or gables shall be provided in order
to provide architectural interest and variety to the massing of a
building and to relieve the effect of a single, long roof.
[1] The maximum spacing
between building wall offsets shall be 40 feet.
[2] The minimum projection
or depth of any individual vertical offset shall be 1.5 feet.
[3] The maximum spacing
between roof offsets shall be 40 feet.
[4] Projecting balconies
are prohibited along front or side facades. Where located along a
rear facade, projecting balconies may encroach up to three feet into
a required rear yard setback.
(b) The architectural treatment
of the front facade shall be continued in its major features around
all visibly exposed sides of a building. All sides of a building facing
a public street shall be architecturally designed to be consistent
with regard to style, materials, colors and details.
(c) Fenestration.
[1] Windows shall be architecturally
compatible with the style, materials, colors and details of the building.
Windows shall be vertically proportioned.
[2] All ground-level restaurant,
retail and service uses shall have clear glass on at least 60% of
their facades (applicable to all facades visible from the public street)
between three feet and eight feet above grade.
(7) Entrances.
(a) All entrances to a building
shall be defined and articulated by architectural elements such as
lintels, pediments, pilasters, columns, porticoes, canopies, overhangs,
railings, etc.
(b) Residential units must
be accessed by a secure lobby separate from any other uses taking
place within the building.
(8) Mechanicals and utilities.
(a) Heating, ventilating and air-conditioning systems, utility meters and regulators, exhaust pipes and stacks, satellite dishes and other telecommunications receiving devices shall not be visible from the public right-of-way except where required by the public utility. The requirements of §
400-83, regarding satellite antennas, shall apply.
(b) All rooftop mechanical
equipment, inclusive of solar equipment, shall be screened from view
from all vantage points at grade or below the roof.
(c) Placement of any packaged
terminal air-conditioner units within the facade is prohibited.
(9) Sidewalks and landscaping.
Sidewalks and landscaped beds fronting any building shall be no less
than eight feet in depth combined.
(10) Refuse and recycling.
(a) Regulations of §
400-85 apply for mixed-use structures with residential units.
(b) Refuse and recycling
must be located either:
[1] Interior to a building
in a designated refuse storage area; or
[2] Located in a side
or rear yard setback area, no closer than five feet to any adjacent
lot line, enclosed on all four sides, and screened using durable materials.
(11) Landscaping. Pervious areas
shall be landscaped with a mix of deciduous and evergreen trees and
low ground cover or grass.
(12) Parking.
(a) Parking areas shall be subject to landscaping requirements per §
400-54K.
(b) Minimum parking requirements.
[1] Retail uses, offices
including medical and professional uses, banks, financial institutions,
and personal services uses: one off-street parking space for each
200 square feet of floor area.
[2] Restaurants and any
establishment which engages in the serving of food and/or beverages
for consumption on and/or off the premises: one off-street parking
space for every three seats provided and, in addition thereto, one
parking space for every 10 square feet of floor area made available
to customers for off-premises consumption services.
[3] Child-care centers:
one off-street parking space for each 300 feet of floor area.
[4] Indoor recreation:
one space per 200 square feet of floor area.
[5] Residential uses:
as required by RSIS.
(c) Location of parking.
All parking shall be located to the side or rear of a building. Said
parking shall be well-screened to a minimum height of four feet by
the use of appropriate plantings of sufficient height and density
so as to obscure the view of such parking areas from all streets.
Where a parking lot abuts a residential zone, no parking shall be
located closer than 15 feet to said zone boundary.
(d) In cases where adjacent
property owners agree to provide a shared access driveway, the following
applies:
[1] Minimum one-way driveway
width: 12 feet.
[2] Minimum two-way driveway
width: 24 feet.
[3] Maximum driveway width:
30 feet.
[4] Driveways may be centered
on the shared lot line or offset to any degree as agreed to by the
property owners.
[5] A permanent easement
for shared access to rear parking areas shall be filed with the property
deeds.
(e) Parking shall be subject to additional requirements per §
400-54 and loading per §
400-60.
D. Mixed-Use Inclusionary 3 (MI-3) Overlay District. The following standards shall apply to development within the MI-3 Overlay District. When the standards herein conflict with other provisions of Chapter
400, the standards herein shall apply.
(1) Purpose. The purpose of the
MI-3 Overlay District is to provide a realistic opportunity for the
construction of affordable housing as part of a mixed-use inclusionary
development. The MI-3 Overlay District shall be applied as an overlay
zone to the underlying B-1 District. This approach provides property
owners and developers with the opportunity to utilize either set of
zoning regulations as they deem preferable.
(2) Permitted principal uses.
In the MI-3 Overlay District, the following uses shall be permitted:
(a) Restaurants; however,
no drive-through, drive-in or curb-service restaurants shall be permitted.
(b) Retail stores where goods
are sold or services are rendered and where nothing is fabricated
or manufactured or converted or altered except for such retail trade.
Specifically excepted from the foregoing are any uses which involve
the repair and/or maintenance of vehicles, which are prohibited.
(c) Offices, banks and financial
institutions, including medical and professional offices.
(d) Personal service establishments.
(f) Multifamily residential
units above the ground floor.
(g) A mixture or combination
of the above uses.
(3) Permitted accessory uses.
(a) Tenant amenities, including
but not limited to recreational and fitness facilities, lobbies, leasing
and management offices and mail rooms.
(b) Outdoor dining, associated
with permitted restaurant uses, subject to the following conditions:
[1] Tables shall be located
on private property and not in the public right-of-way.
[2] Fencing, bollards or
planters shall be used to define the outdoor dining area.
[3] No outdoor dining shall
be permitted after 12:00 midnight.
[4] All lighting shall
be downward-facing and shall be turned off no later than 12:30 a.m.
[5] Outdoor dining shall
not include an outdoor bar or any other similar outdoor accessory
use that serves only beverages, nor does it include any drive-through
or takeout windows.
[6] Approval shall not
be construed as approval by the Borough Council for extension and/or
renewal of any license under ABC jurisdiction.
[7] No amplified music
shall be permitted.
[8] Outdoor seating shall
count for purposes of calculating parking requirements.
(c) Waste and recycling receptacles.
(e) Any use customary and
incidental to a permitted principal use.
(4) Bulk area and other dimensional
standards.
(a) Minimum lot area: 7,500
square feet.
(b) Minimum lot width: 75
feet.
(c) Minimum front yard: five
feet (measured from property line).
(d) Maximum front yard: 10
feet (measured from property line).
(e) Minimum side yard: five
feet (one); 15 feet (aggregate).
(f) Minimum rear yard: 30
feet.
(g) Maximum building coverage:
60%.
(h) Maximum lot coverage:
90%.
(i) Maximum density: 15 units
per acre.
(j) Maximum building height:
three stories and 40 feet.
(k) Retaining walls, sidewalks,
walkways, fences, aboveground and underground utilities shall be permitted
within the setbacks.
(5) Affordable housing requirements.
(a) Twenty percent of all
for-sale units in the MI-3 Overlay District shall be set aside for
certified households.
(b) Fifteen percent of all
rental units in the MI-3 Overlay District shall be set aside for certified
households.
(c) Affordable units shall be governed by deed restrictions ensuring long-term affordability controls in accordance with Chapter
130, Affordable Housing.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(d) The development, unit distribution and marketing of all affordable units shall be undertaken consistent with Chapter
130, Affordable Housing, the Uniform Housing Affordability Controls, and all other applicable laws, rules and regulations, including applicable COAH regulations, the Fair Housing Act and its requirement that at least 13% of all affordable
units associated with this project be made affordable to very-low-income
households.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(e) The developer shall be
responsible for all costs associated with the initial sale or rental
of the affordable units, and for the continuing administration of
the affordable units and the preservation of the creditworthiness
of the units.
(6) Architecture.
(a) Long, monotonous, uninterrupted
walls or roof planes shall be avoided. Building wall offsets, including
projections such as canopies and recesses, shall be used in order
to add architectural interest and variety and to relieve the visual
effect of a simple, long wall. Similarly, in the case of a pitched
roof, roofline offsets, dormers or gables shall be provided in order
to provide architectural interest and variety to the massing of a
building and to relieve the effect of a single, long roof.
[1] The maximum spacing
between building wall offsets shall be 40 feet.
[2] The minimum projection
or depth of any individual vertical offset shall be 1.5 feet.
[3] The maximum spacing
between roof offsets shall be 40 feet.
[4] Projecting balconies
are prohibited along front or side facades. Where located along a
rear facade, projecting balconies may encroach up to three feet into
a required rear yard setback.
(b) The architectural treatment
of the front facade shall be continued in its major features around
all visibly exposed sides of a building. All sides of a building facing
a public street shall be architecturally designed to be consistent
with regard to style, materials, colors and details.
(c) Fenestration.
[1] Windows shall be architecturally
compatible with the style, materials, colors and details of the building.
Windows shall be vertically proportioned.
[2] All ground-level restaurant,
retail and service uses shall have clear glass on at least 60% of
their facades (applicable to all facades visible from the public street)
between three feet and eight feet above grade.
(7) Entrances.
(a) All entrances to a building
shall be defined and articulated by architectural elements such as
lintels, pediments, pilasters, columns, porticoes, canopies, overhangs,
railings, etc.
(b) Residential units must
be accessed by a secure lobby separate from any other uses taking
place within the building.
(8) Mechanicals and utilities.
(a) Heating, ventilating and air-conditioning systems, utility meters and regulators, exhaust pipes and stacks, satellite dishes and other telecommunications receiving devices shall not be visible from the public right-of-way except where required by the public utility. The requirements of §
400-83, regarding satellite antennas, shall apply.
(b) All rooftop mechanical
equipment, inclusive of solar equipment, shall be screened from view
from all vantage points at grade or below the roof.
(c) Placement of any packaged
terminal air-conditioner units within the facade is prohibited.
(9) Sidewalks and landscaping.
Sidewalks and landscaped beds fronting any building shall be no less
than eight feet in depth combined.
(10) Refuse and recycling.
(a) Regulations of §
400-85 apply for mixed-use structures with residential units.
(b) Refuse and recycling
must be located either:
[1] Interior to a building
in a designated refuse storage area; or
[2] Located in a side
or rear yard setback area, no closer than five feet to any adjacent
lot line, enclosed on all four sides, and screened using durable materials.
(11) Landscaping. Pervious areas
shall be landscaped with a mix of deciduous and evergreen trees and
low ground cover or grass.
(12) Parking.
(a) Parking areas shall be subject to landscaping requirements per §
400-54K.
(b) Minimum parking requirements.
[1] Retail uses, offices,
including medical and professional uses, banks, financial institutions,
and personal services uses: one off-street parking space for each
200 square feet of floor area.
[2] Restaurants and any
establishment which engages in the serving of food and/or beverages
for consumption on and/or off the premises: one off-street parking
space for every three seats provided and, in addition thereto, one
parking space for every 10 square feet of floor area made available
to customers for off-premises consumption services.
[3] Child-care centers:
one off-street parking space for each 300 feet of floor area.
[4] Residential uses:
as required by RSIS.
(c) Location of parking.
All parking shall be located to the side or rear of a building. Said
parking shall be well-screened to a minimum height of four feet by
the use of appropriate plantings of sufficient height and density
so as to obscure the view of such parking areas from all streets.
Where a parking lot abuts a residential zone, no parking shall be
located closer than 15 feet to said zone boundary.
(d) In cases where adjacent
property owners agree to provide a shared access driveway, the following
applies:
[1] Minimum one-way driveway
width: 12 feet.
[2] Minimum two-way driveway
width: 24 feet.
[3] Maximum driveway width:
30 feet.
[4] Driveways may be centered
on the shared lot line or offset to any degree as agreed to by the
property owners.
[5] A permanent easement
for shared access to rear parking areas shall be filed with the property
deeds.
(e) Parking shall be subject to additional requirements per §
400-54 and loading per §
400-60.