No building shall hereafter be used, altered, converted, enlarged, added to, moved or reduced, wholly or in part, nor shall any land be designed, used or physically altered for any purpose or in any manner except in conformity with this chapter. Where a lot is formed from part of a lot already occupied by a building, any subdivision shall be effected in such a manner as not to impair any of the requirements of this chapter with respect to the existing building and all yard and other open space in connection therewith and so that all resulting lots have adequate dimensions consistent with the requirements of the zoning district in which they are located and so that all lots have frontage on a street.
The following regulations apply in the R Residential District:
A. 
Principal permitted uses on land and in buildings:
(1) 
Single-family detached dwelling unit.
(2) 
Public playgrounds, conservation areas, parks and public purpose uses.
(3) 
Churches.
(4) 
Public and private day schools of elementary and/or high school grade, not operated for profit.
(5) 
Public utility uses as conditional uses under N.J.S.A. 40:55D-67 (See § 70-33 for standards.)
B. 
Accessory uses and structures permitted and prohibited.
[Amended 5-19-04 by Ord. No. 9-2004]
(1) 
Permitted structures and uses:
(a) 
Private residential swimming pools. (See Section 70-30 for standards)
(b) 
Private residential tool sheds.
(c) 
Off-street parking and private garages.
(d) 
Fences and walls. (See Section 70-19)
(e) 
Signs.
(f) 
Accessory buildings and structures shall be limited to three per lot, of which only one such structure or building shall be a garage. All accessory structures or buildings, including sheds, shall be constructed in accordance with the requirements of the Uniform Construction Code.
(g) 
Electric vehicle charging stations on nonresidential properties, including churches, schools, and public properties.
[Added 9-15-2021 by Ord. No. 17-2021]
(2) 
Prohibited structures and uses:
(a) 
Shipping containers and similar structures.
(b) 
Tent-type structures shall be prohibited; however, tent-type structures shall be considered temporary accessory uses if not constructed with permanent footings. Temporary tent type structures are permitted, provided that such tent-type structures are limited and restricted to 90 days when erected in a rear yard and 14 days if placed in the side yard.
(c) 
No accessory structure or building permitted under this section shall be used for residential purposes.
C. 
Maximum Building Height. No building shall exceed 35 feet in height and two and one-half (2.5) stories, except that churches shall not exceed 55 feet in height and except further as provided in Section 70-34 of this chapter. The height limitation for an accessory garage or similar structure, which is detached from the principal dwelling as an accessory use, shall not exceed 18 feet in height. The height limitation for an accessory shed, temporary tent or similar structure shall not exceed 15 feet. An accessory garage constructed to the principal dwelling shall have a roof line that is equal to or lower than the existing roof line of the principal dwelling.
[Amended 5-19-04 by Ord. No. 9-2004]
D. 
Area and yard requirements.
[Amended 5-19-04 by Ord. No. 9-2004]
Principal Building Minimum
Detached Dwellings
Churches
Lot area, square feet
9,000
15,000
Lot frontage, feet
75
100
Lot width, feet
75
100
Lot depth, feet
100
120
Side yard (each), feet
10
20
Front yard, feet
30
35
Rear yard, feet
25
40
Accessory Building Minimums
[Amended 5-19-04 by Ord. No. 9-2004]
Garage
Shed
Temporary Tent
Distance to side line, feet
5
5
5
Distance to rear line, feet
5
5
5
Distance to principal building
15
15
15
Distance to other accessory building, structure or swimming pool
10
10
10
Maximum Percent Building Coverage
Detached Dwellings
Churches
Principal Building
35
20
Accessory structure(s)/building(s): The maximum size of the aggregate of all accessory structures and/or buildings shall not exceed 480 square feet or 80% of the principal building footprint, whichever represents the greater number.
E. 
Minimum off-street parking.
[Amended 9-15-2021 by Ord. No. 17-2021]
(1) 
The number of parking spaces for all uses shall be provided in accordance with § 70-49.20. If the minimum number of spaces are not provided, a variance is required.
(2) 
See § 70-23 for additional standards.
F. 
Permitted signs.
(1) 
Churches and schools: one freestanding sign not exceeding 20 square feet in area and 10 feet in height and set back at least 25 feet from all street rights-of-way and lot lines plus one attached sign not exceeding 25 square feet in area.
(2) 
See § 70-28 for additional standards.
[Added 2-28-07 by Ord. No. 3-2007; amended 7-15-2020 by Ord. No. 4-2020]
A. 
The purpose of the AH District is to provide for the construction of multifamily dwellings, and to create a realistic opportunity for the construction of a portion of the low- and moderate-income housing obligation of the Borough of Woodbury Heights under New Jersey's Fair Housing Act, N.J.S.A. 52:27D-301 et seq.; the rules of the New Jersey Council on Affordable Housing, N.J.A.C. 5:93-1 et seq.; and the Mount Laurel Doctrine.
B. 
Principal permitted uses.
(1) 
Multifamily residential units — 100% affordable housing.
C. 
Accessory uses permitted.
(1) 
Recycling and solid waste collection facilities.
(2) 
Recreation facilities and buildings.
(3) 
Fences, walls and signs.
(4) 
Maintenance and on-site storage buildings.
(5) 
Other customary incidental uses.
D. 
A maximum of 70 multifamily units in no more than seven separate buildings shall be permitted. This is a 100% affordable housing development.
E. 
Maximum building height of three stories/45 feet if the following conditions are satisfied:
(1) 
The building is designed to conform to the guidelines provided in the National Fire Protection Association/NFPA 1141 — Standard for Fire Protection in Planned Building Groups, current edition; and
(2) 
Additional requirements are provided under § 70-34B.
F. 
Area and yard requirements.
(1) 
Minimum lot frontage: 200 feet.
(2) 
Minimum lot depth: 200 feet.
(3) 
Minimum side yard setback: 30 feet.
(4) 
Minimum front yard setback: 40 feet.
(5) 
Minimum rear yard setback: 50 feet.
(6) 
Maximum building coverage: 20%.
(7) 
Maximum impervious coverage: 30%.
(8) 
A minimum building separation of 21 feet shall be provided for buildings side by side. Buildings which are back to back shall have a minimum separation of 40 feet.
(9) 
Accessory structures shall be subject to the same setback requirements as principal buildings, as provided above.
G. 
Landscaping, buffers, street/shade trees and landscaping in parking facilities shall be provided in accordance with § 70-49.14 and as follows:
(1) 
All rear, front and side yards shall include a landscape buffer equal to at least half the width of the required setback.
(2) 
The landscaping in the buffer shall consist of a combination of trees, shrubs and planting beds. The use of landscape berms and decorative fencing are encouraged. In addition to this section, the plans shall conform to the buffer requirements under § 70-49.14F in order to ensure adequate screening between the multifamily development and surrounding single-family residential development.
(3) 
Existing vegetation should be preserved to the extent possible and be supplemented with additional screening.
(4) 
The plans shall provide for an identification of the remaining vegetation include type and size of existing materials.
(5) 
Tree protection measures shall be provided on the plans for areas where existing vegetation will remain.
(6) 
All landscaped areas shall include irrigation with rain sensors.
(7) 
Landscaping around stormwater management areas shall be provided in accordance with § 70-49.6D(1)(g) and E(1)(g).
H. 
Off-street parking shall be provided in accordance with the Residential Site Improvement Standards and § 70-23. Parking shall be in designated parking areas.
I. 
Curbs and sidewalks shall be provided along the entire length of street frontage and throughout the development connecting the residential units to the parking areas.
J. 
Building design. The design of the buildings shall be consistent with the surrounding single-family neighborhood so that the appearance remains residential and not institutional.
(1) 
Architectural elevations and floor plans shall be provided for each of the buildings.
(2) 
The building design shall incorporate a combination stone, stucco or other combination of building materials.
(3) 
The buildings shall include breaks in the facades to break up the building lengths.
(4) 
Rooflines shall be pitched.
(5) 
All HVAC and mechanical equipment shall be incorporated into the building design and not visible.
K. 
Common recreation shall be provided as follows:
(1) 
A clubhouse or community building shall be provided.
(2) 
A playground area for children shall be provided. The playground shall include equipment appropriate for different age groups.
(3) 
Additional recreation areas such as walkways or other similar areas should be encouraged where appropriate.
(4) 
All such common uses shall be subordinated to the residential character of the development, and no advertising shall be permitted.
(5) 
Architectural elevations and floor plans shall be provided for the clubhouse.
(6) 
The completion of the common recreation areas shall be tied to the completion of the units so that at no time shall there exist residential units without any recreational amenities. A plan shall be submitted addressing the timing of the completion of the common recreation areas.
L. 
Permitted signs.
(1) 
A site identification sign shall be permitted.
(2) 
The maximum sign area shall not exceed 26 square feet.
(3) 
The maximum height shall not exceed six feet.
(4) 
All signs shall be located in a landscaped island.
(5) 
Signs shall be set back 14 feet from all property lines and located outside all sight triangles.
(6) 
Subject to additional sign regulations as provided under § 70-28.
M. 
Refuse storage.
(1) 
The refuse storage area shall be suitably located and screened and arranged for access and ease of collection and shall not be part of, restrict or occupy any parking aisle.
(2) 
All refuse storage areas shall be enclosed with a block wall with a finish similar to the facades of the residential structures.
(3) 
The gate on the refuse storage enclosure shall consist of a solid material and be self-closing.
(4) 
A side entry shall be provided to the trash enclosure so that residents can easily access the containers.
(5) 
Landscaping shall be provided around the exterior of the refuse storage enclosure.
N. 
All development shall conform to the Residential Site Improvement Standards and other provisions of the local land use ordinance not specifically referenced in this subsection.
O. 
Affordable housing requirements.
(1) 
The developer is responsible for preparing and implementing an affirmative marketing plan in accordance with the requirements of § 70-70 of the Code. The developer shall enter into a contract with the Borough to act as the Municipal Housing Liaison and be responsible for administering the affordable housing program pursuant to standards and requirements provided in the Borough Code.
(2) 
Affordable housing regulations: The affordable housing units shall be developed and sold or rented in accordance with the current applicable Uniform Housing and Affordability regulations (N.J.A.C. 5:80-26 et. seq.), including requirements on: split between low- and moderate-income housing, bedroom distribution, range of affordability, pricing and rent of units, affirmative marketing, affordability controls, and construction phasing with the market-rate units developed on the tract.
[Added 4-18-12 by Ord. No. 6-2012]
A. 
The purpose of the RM District is to provide for the construction of multifamily dwellings, and to create a realistic opportunity for the construction of a portion of the low- and moderate-income housing obligation of the Borough of Woodbury Heights under New Jersey's Fair Housing Act, N.J.S.A. 52:27D-301 et seq., the rules of the New Jersey Council on Affordable Housing, N.J.A.C. 5:93-1 et seq., and the Mount Laurel doctrine. The Residential Multifamily District will result in a set-aside of at least fourteen and one-half percent (14.5%) affordable housing units.
B. 
Principal permitted uses.
(1) 
Multifamily residential units.
C. 
Accessory uses permitted.
(1) 
Recycling and solid waste collection facilities.
(2) 
Recreation facilities and buildings.
(3) 
Fences, walls and signs.
(4) 
Other customary incidental uses.
D. 
A maximum density of 13.4 units per acre in no more than nine separate buildings shall be permitted.
E. 
Maximum building height of three stories/45 feet if the following conditions are satisfied:
(1) 
The building is designed to conform to the applicable building codes.
(2) 
Additional requirements are provided under Section 70-34.
F. 
Area and yard requirements.
(1) 
Minimum lot frontage: 200 feet
(2) 
Minimum lot depth: 200 feet
(3) 
Minimum side yard setback: 50 feet
(4) 
Minimum front yard setback: 60 feet
(5) 
Minimum rear yard setback: 50 feet
(6) 
Maximum building coverage: 25%
(7) 
Maximum impervious coverage: 45%
(8) 
A minimum building separation of 35 feet shall be provided.
(9) 
Accessory structures shall be subject to the same setback requirements as principal buildings, as provided above.
G. 
Landscaping, buffers, street/shade trees and landscaping in parking facilities shall be provided in accordance with Section 70-49.14 and as follows:
(1) 
All rear, front and side yards shall include a minimum 25-foot wide landscape buffer. The buffer width may be reduced to accommodate sidewalks provided that the material included in the buffer is sufficient to screen the development from the adjoining single-family residential area. Berms may be appropriate where the buffer width is reduced.
(2) 
The landscaping in the buffer shall consist of a combination of trees, shrubs and planting beds. The use of landscape berms and decorative fencing are encouraged. In addition to this section, the plans shall conform to the buffer requirements under Section 70-49.14F in order to ensure adequate screening between the multifamily development and surrounding single-family residential development.
(3) 
Existing vegetation should be preserved to the extent possible and be supplemented with additional screening.
(4) 
Within required landscape buffers, where existing vegetation is to remain, the plans shall identify the remaining material including size and type. The plans shall generally define the remaining vegetation in all other areas.
(5) 
Tree protection measures shall be provided on the plans for areas where existing vegetation will remain.
(6) 
Landscaping around stormwater management areas shall be provided in accordance with Section 70-49.6G and the requirements of Section 70-49.6.
H. 
Off-street parking shall be provided in accordance with the Residential Site Improvement Standards and Section 70-23. Parking shall not be permitted along drive aisles and shall be within designated parking areas.
I. 
A minimum of three site access points shall be provided to the site. Two of the access points shall be provided on Academy Avenue and one on Chestnut Avenue.
J. 
Curbs and sidewalks shall be provided along the entire length of street frontage and throughout the development connecting the residential units to the parking areas.
K. 
Building design. The design of the buildings shall be consistent with the surrounding single-family neighborhood so that the appearance remains residential and not institutional.
(1) 
Architectural elevations and floor plans shall be provided for each of the buildings.
(2) 
The building design shall incorporate a combination of stone, stucco or other combination of building materials.
(3) 
The buildings shall include breaks in the facades to break up the building lengths.
(4) 
Rooflines shall be pitched. If flat roofs are provided they shall incorporate design techniques to shield any roof mounted equipment.
(5) 
No more than two-bedrooms per unit shall be provided. This shall not apply to the affordable housing units, which shall meet the requirements of the Uniform Housing Affordability requirements.
(6) 
All HVAC and mechanical equipment shall be incorporated into the building design and not visible except where such equipment shall be placed at ground level, in which case such equipment shall be appropriately screened from public view.
L. 
Bedroom distribution (excluding the affordable housing units).
(1) 
No more than two bedrooms shall be provided per unit.
(2) 
The number of two-bedroom units shall not exceed 60% of the total market rate units.
(3) 
Dens are permitted in a one-bedroom unit subject to the following:
(a) 
The inclusion of a provision within the lease agreements, and the enforcement of such a provision, prohibiting the den to be used as a bedroom or sleeping area.
(b) 
The design of any den area may include either a closet or a door, but shall not include both design features.
(c) 
Dens are not permitted in a two-bedroom unit.
M. 
Common recreation shall be provided as follows:
(1) 
A clubhouse or community building with a minimum size of 5,000 square feet and a swimming pool shall be provided.
(2) 
A playground area for children shall be provided. The playground shall include equipment appropriate for different age groups. The playground may be separated into two areas. Seating shall be provided around all playground areas. The plans shall include details of the proposed equipment, surface area and any other improvements.
(3) 
Additional recreation areas may be appropriate consisting of picnic areas, sitting areas, walkways or other similar areas.
(4) 
All such common uses shall be subordinated to the residential character of the development, and no commercial advertising shall be permitted.
(5) 
Architectural elevations and floor plans shall be provided for the clubhouse.
(6) 
The completion of the common recreation areas shall be tied to the completion of the units so that at no time shall there exist residential units without any recreational amenities. The clubhouse area shall be considered a recreational amenity provided that areas for recreational use are included within the building. A plan shall be submitted addressing the timing of the completion of the common recreation areas.
N. 
Permitted signs.
(1) 
A site identification sign shall be permitted on each street entry.
(2) 
The maximum sign area shall not exceed 26 square feet.
(3) 
The maximum height shall not exceed eight feet.
(4) 
All signs shall be located in a landscaped island.
(5) 
Signs shall be located outside all sight triangles.
(6) 
Subject to additional sign regulations as provided under Section 70-28.
O. 
Refuse storage.
(1) 
The refuse storage area shall be suitably located and screened and arranged for access and ease of collection and shall not be part of, restrict or occupy any parking aisle.
(2) 
All refuse storage areas shall be within a solid enclosed structure. Fencing is not considered a solid structure for the purposes of this section. The enclosure shall either include a landscaping screen or decorative finish. The intent is to ensure that the enclosure is sturdy and screened from view either with an appropriate finish in more visible areas, or landscaping in more remote areas.
(3) 
The gate on the refuse storage enclosure shall consist of a solid material and be self-closing.
(4) 
A side entry shall be provided to the trash enclosure so that residents can easily access the containers.
(5) 
Landscaping shall be provided around the exterior of the refuse storage enclosure as needed to provide appropriate screening from public view.
P. 
Subject to developer's right to seek variances and waivers in accordance with the Municipal Land Use Law Standards, all development shall conform to the Residential Site Improvement Standards and other provisions of the local land use ordinance not specifically referenced in this subsection.
Q. 
Affordable housing requirements.
(1) 
A set-aside of at least fourteen and one-half percent (14.5%) of the total units shall be provided as affordable housing units. The affordable housing units shall be constructed as either sale or rental units.
(2) 
The developer is responsible for preparing and implementing an Affirmative Marketing Plan in accordance with the requirements of Section 70-32.2 of the chapter. The developer shall enter into a contract with the Borough to act as the Municipal Housing Liaison and be responsible for administering the affordable housing program pursuant to standards and requirements provided in Section 70-32.2.M of this chapter.
(3) 
Affordable housing regulations: The affordable housing units shall be developed and sold or rented in accordance with the current applicable Uniform Housing and Affordability regulations (N.J.A.C. 5:80-26 et seq.), including requirements on: split between low- and moderate-income housing, bedroom distribution, range of affordability, pricing and rent of units, affirmative marketing, affordability controls, and construction phasing with the market-rate units developed on the tract. Developer shall not be required to provide "very-low" income units as such units are defined at N.J.S.A. 52:27D-304(m).
(4) 
Design and location of affordable housing: The affordable housing units shall be dispersed throughout the development in various buildings. If the affordable housing units are rental units and the market rate units are sale units then the affordable units may be located in a single structure for the purposes of management and maintenance. The facade of an affordable housing structure shall be indistinguishable from the facade of the market-rate structures.
[Added 11-26-13 by Ord. No. 15-2013]
A. 
The purpose of the RM-2 District is to provide for the construction of supportive housing for persons of low and moderate income consistent with New Jersey's Fair Housing Act, N.J.S.A. 52:27D-301 et seq., the rules of the New Jersey Council on Affordable Housing and the Mount Laurel Doctrine.
B. 
Permitted principal uses.
(1) 
All principal permitted uses in the Residential — R District under Section 70-13A.
(2) 
Supportive housing in single-family, semi-detached or quadruplex dwelling units.
C. 
Accessory uses permitted. All accessory uses permitted in the R District under Section 70-13B.
D. 
A maximum density of 13 units per acre.
E. 
Maximum building height in accordance with Section 70-13C.
F. 
Area and yard requirements.
(1) 
For all uses as permitted in the R-District the area and yard requirements of Section 70-13D, apply.
(2) 
Supportive housing single-family units in accordance with the following:
Minimum lot area:
5,000 square feet
Minimum lot width:
50 feet
Minimum lot depth:
100 feet
Minimum side yard setback:
10 feet
Minimum front yard setback:
25 feet
Minimum rear yard setback:
25 feet
(3) 
Supportive housing semi-detached single-family units in accordance with the following:
Minimum lot area:
3,750 square feet
Minimum lot width:
37 feet
Minimum lot depth:
100 feet
Minimum side yard setback:
0-feet and 10-feet
Minimum front yard setback:
25 feet
Minimum rear yard setback:
25 feet
(4) 
Supportive housing quadruplex dwelling units in accordance with the following:
Minimum lot area:
10,000 square feet
Minimum lot width at building line:
100 feet
Minimum lot depth:
150 feet
Minimum side yard setback:
15-feet with an aggregate of 25-feet
Minimum front yard setback:
30 feet
Minimum rear yard setback:
30 feet
G. 
Design criteria.
(1) 
If parking is proposed in the front yard for the duplex units, the front yard setback shall be increased to accommodate all spaces on site.
(2) 
Parking for the quadruplex units shall be provided in the rear yard area. The total number of spaces shall meet the Residential Site Improvement Standards. All parking areas shall be screened from adjoining properties.
(3) 
Street/Shade trees shall be provided for each residential unit with a minimum spacing of one tree for every 50 feet of lot width.
(4) 
Landscaping plans shall be provided including foundation plantings. Perimeter plantings/fencing shall be provided adjacent to existing single-family dwelling units.
The following regulations shall apply in the CC Community Commercial and HC Highway Commercial Districts:
A. 
Principal permitted uses on land and in buildings:
(1) 
Public purpose uses.
(2) 
Retail sales of goods and services.
(3) 
Office and office buildings.
(4) 
Banks, including drive-in facilities.
(5) 
Restaurants, bars and taverns.
(6) 
Shopping centers comprised of the preceding uses.
(7) 
Public utility uses as conditional uses under N.J.S.A. 40:55D-67. (See § 70-33 for standards.)
(8) 
Service stations as conditional uses under N.J.S.A. 40:55D-67. (See § 70-33 for standards.)
(9) 
Hotels and motels as conditional uses under N.J.S.A. 40:55D-67. (See § 70-33 for standards.)
(10) 
Automobile sales as conditional uses under N.J.S.A. 40:55D-67. (See § 70-33 for standards.)
(11) 
Car washes in the HC District only as conditional uses under N.J.S.A. 40:55D-67. (See § 70-33 for standards.)
B. 
Accessory uses permitted:
(1) 
Off-street parking.
(2) 
Fences and walls (See § 70-19.)
(3) 
Signs.
(4) 
Garages, storage buildings and tool sheds.
(5) 
Outside storage areas as provided in Subsection E(3) hereinbelow.
(6) 
Electric vehicle charging stations.
[Added 9-15-2021 by Ord. No. 17-2021]
C. 
Maximum building height. No building shall exceed 35 feet in height, except as provided in § 70-34 of this chapter.
D. 
Area and yard requirements.
CC District
HC District
Shopping Centers
Principal Building Minimum
Lot area, square feet
7,500
12,500
80,000
Lot frontage, feet
75
100
300
Lot width, feet
75
100
300
Lot depth, feet
100
100
200
Side yard (each), feet
30
10
30
Front yard, feet
30
30
75
Rear yard, feet
30
25
50
Accessory Building Minimum
Distance to side line, feet
5
10
50
Distance to rear line, feet
5
10
50
Distance to other building, feet
10
15
(1)
Maximum Percent Combined Building Coverage
Principal building and accessory building(s)
50
50
50
(1)
NOTE: All buildings within a shopping center shall be in either a group or groups, either physically attached or, if separated, having a separation of at least 30 feet.
E. 
General requirements.
(1) 
Any principal building may contain more than one use and/or organization, provided that the total building coverage of the combined activities does not exceed the maximum building coverage specified for the district and, further, that each activity occupies a minimum gross floor area of 750 square feet.
(2) 
At least the first 10 feet adjacent to any street line and five feet adjacent to any lot line shall not be used for parking and shall be planted and maintained in lawn area or ground cover or landscaped with evergreen shrubbery.
(3) 
No merchandise, products, equipment or similar material or objects shall be displayed or stored outside except that, subject to approval by the Planning Board, uses may have an outside storage area, provided that such outside storage does not exceed 20% of the lot area and is located in the rear yard only. The area shall be enclosed by a fence, wall, plant material or combination thereof in order to provide a visual barrier between the storage areas and any street or property line.
(4) 
All buildings shall be compatibly designed, whether constructed all at one time or in stages over a period of time. All building walls facing any street or residential district shall be suitably finished for aesthetic purposes.
(5) 
All areas not utilized for buildings, parking, loading, access aisles and driveways or pedestrian walkways shall be suitably landscaped with shrubs, ground cover, seeding or similar plantings and maintained in good condition.
(6) 
A minimum buffer of five feet in width in the Community Commercial District and a 50 foot minimum landscaped buffer in the Highway Commercial District shall be provided along any lot boundary line as a common property line with a Residential District and adjacent to street rights-of-way as more particularly described within Section 70-46D(15) of the Land Development Ordinance.
[Amended 8-18-99 by Ord. No. 8-1999]
F. 
Minimum off street loading.
(1) 
Each activity should provide for off-street loading and unloading with adequate ingress and egress from streets with adequate space for maneuvering and shall provide such area or areas at the side or rear of the building. There shall be no loading or unloading from the street. All loading areas shall conform with § 70-49.20.
[Amended 9-15-2021 by Ord. No. 17-2021]
(2) 
There shall be at least one trash and garbage pickup location provided by each building which shall be separated from the parking spaces by either a location within the building or in a pickup location outside the building which shall be a steel-like, totally enclosed container located in a manner to be obscured from view from parking areas, streets and adjacent residential uses or zoning districts by a fence, wall, planting or combination of the three. If located within the building, the doorway may serve both the loading and trash/garbage functions, and, if located outside the building, it may be located adjacent to or within the general loading area or areas, provided that the container in no way interferes with or restricts loading and unloading functions.
G. 
Minimum off-street parking.
[Amended 9-15-2021 by Ord. No. 17-2021]
(1) 
The number of parking spaces for all uses shall be provided in accordance with § 70-49.20. If the minimum number of spaces are not provided, a variance is required.
(2) 
See § 70-23 for additional standards.
H. 
Permitted signs.
(1) 
Local retail and service activities, office buildings, banks, restaurants, bars and taverns may have two signs, each not exceeding an area equivalent to 5% of the first floor portion of the front facade or 75 square feet, whichever is smaller. Tenants within a shopping center are each permitted one wall sign not exceeding an area equivalent to 5% of the first floor portion of their front facade or 75 square feet, whichever is smaller. Shopping centers are only permitted a single freestanding sign not exceeding an area equivalent to 5% of the first floor portion of the total front building facade or 75 square feet, whichever is smaller. Freestanding signs shall be set back at least 10 feet from all street and lot lines.
[Amended 9-15-2021 by Ord. No. 17-2021]
(2) 
See § 70-28 for additional standards.
I. 
Cannabis Retail (Class 5) as conditional use; number of licenses limited.
[Added 10-19-2022 by Ord. No. 20-2022; 7-19-2023 by Ord. No. 12-2023]
(1) 
Cannabis Retail (Class 5) Licensed Facility is a permitted conditional use in the Highway Commercial District, which has frontage on Route 45 in accordance with the Standards under § 70-33G, however, the total number of retail cannabis licenses permitted in the HC-Highway Commercial District along Route 45 shall be two (2).
The following regulations shall apply in the LI Limited Industrial District:
A. 
Principal permitted uses on land and in buildings:
(1) 
Public purpose uses.
(2) 
Offices and office buildings.
(3) 
Manufacturing plants of a type which carry on processes within completely enclosed buildings, including the manufacture, assembly or treatment of products from previously prepared materials, but excluding the synthesis of chemical products for sale.
(4) 
Wholesale distribution centers and warehouses.
B. 
Accessory uses permitted:
(1) 
Off-street parking.
(2) 
Fences and walls. (See § 70-19.)
(3) 
Signs.
(4) 
Garages, storage buildings and tool sheds.
(5) 
Outside storage areas as provided in Subsection E(3) hereinbelow.
(6) 
Electric vehicle charging stations.
[Added 9-15-2021 by Ord. No. 17-2021]
C. 
Maximum building height. No building shall exceed 35 feet in height, except as provided in § 70-34 of this chapter.
D. 
Area and yard requirements.
LI District
Principal Building Minimum
Lot area, square feet
20,000
Lot frontage, feet
100
Lot width, feet
100
Lot depth, feet
150
Side yard (each), feet
30
Front yard, feet
30
Rear yard, feet
30
Accessory Building Minimum
Distance to side line, feet
10
Distance to rear line, feet
15
Distance to other building, feet
10
Maximum Percent Combined Building Coverage
Principal building and accessory building(s)
50
E. 
General requirements.
(1) 
Any principal building may contain more than one use and/or organization, provided that the total building coverage of the combined activities does not exceed the maximum building coverage specified for the district and, further, that each activity occupies a minimum gross floor area of 750 square feet.
(2) 
At least the first 10 feet adjacent to any street line and five feet adjacent to any lot line shall not be used for parking and shall be planted and maintained in lawn area or ground cover or landscaped with evergreen shrubbery.
(3) 
No merchandise, products, equipment or similar material or objects shall be displayed or stored outside except that, subject to approval by the Planning Board, uses may have an outside storage area, provided that such outside storage does not exceed 20% of the lot area and is located in the rear yard only. The area shall be enclosed by a fence, wall, plant material or combination thereof in order to provide a visual barrier between the storage areas and any street or property line.
(4) 
All buildings shall be compatibly designed whether constructed all at one time or in stages over a period of time. All building walls facing any street or residential district line shall be suitably finished for aesthetic purposes.
(5) 
All areas not utilized for buildings, parking, loading, access aisles and driveways or pedestrian walkways shall be suitably landscaped with shrubs, ground cover, seeding or similar plantings and maintained in good condition.
(6) 
A minimum buffer of 10 feet in width shall be provided along any property line common with a residential district. (See § 70-46BU5) for additional standards.)
F. 
Minimum off-street loading.
(1) 
Each activity should provide for off-street loading and unloading with adequate ingress and egress from streets with adequate space for maneuvering and shall provide such area or areas at the side or rear of the building. There shall be no loading or unloading from the street. All loading areas shall conform with § 70-49.20.
[Amended 9-15-2021 by Ord. No. 17-2021]
(2) 
There shall be at least one trash and garbage pickup location provided by each building which shall be separated from the parking spaces by either a location within the building or in a pickup location outside the building which shall be a steel-like, totally enclosed container located in a manner to be obscured from view from parking areas, streets and adjacent residential uses or zoning districts by a fence, wall, planting or combination of the three. If located within the building, the doorway may serve both the loading and trash/garbage functions, and, if located outside the building, it may be located adjacent to or within the general loading area or areas, provided that the container in no way interferes with or restricts loading and unloading functions.
G. 
Minimum off-street parking.
(1) 
The number of parking spaces for all uses shall be provided in accordance with § 70-49.20. If the minimum number of spaces are not provided, a variance is required.
[Amended 9-15-2021 by Ord. No. 17-2021]
(2) 
See § 70-23 for additional standards.
H. 
Permitted signs.
(1) 
Permitted uses shall be permitted one sign not larger than the equivalent of 5% of the area of the front wall of the building or 100 square feet, whichever is smaller. If attached, the sign shall be attached flat against the building and shall not be higher than the roofline; if freestanding, the sign shall not exceed 10 feet in height and shall be set back from all street rights-of-way and lot lines at least 20 feet.
(2) 
See § 70-28 for additional standards.
I. 
Cannabis Manufacturing (Class 2) as conditional use; number of licenses limited.
[Added 5-18-2022 by Ord. No. 11-2022; amended 10-19-2022 by Ord. No. 20-2022]
(1) 
Cannabis Manufacturing (Class 2) Facility is a permitted conditional use in accordance with the Standards under § 70-33G, however, the total number of cannabis licenses permitted in the LI -Limited Industrial District shall be two (2).
[1]
Editor's Note: Former § 70-16, Affordable housing, added 3-15-06 by Ord. No. 3-2006, was repealed 7-15-2020 by Ord. No. 3-2020.