[Added 7-13-2020 by Ord. No. 2020-18]
The Affordable Housing Overlay-4 (AHO-4) Zone is to provide a realistic opportunity for the construction of affordable housing pursuant to the New Jersey Fair Housing Act and thereby comply with the Municipality's constitutional obligation to provide such housing to for low-and moderate-income households. Specifically, the AHO-4 zone is established to incentivize redevelopment consisting of upper-story multi-family residential uses, with an affordable housing set-aside, along with ground-level retail, service, commercial and office uses.
[Added 7-13-2020 by Ord. No. 2020-18]
Within the Affordable Housing Overlay-4 Zone, a minimum of 20% of all dwellings, rounded up to the next whole dwelling unit, shall be deed restricted for occupancy by low- and moderate-income households and shall comply with the following:
(a) 
Affordable dwelling units shall be constructed and sold or rented in accordance with the Council on Affordable Housing rules at N.J.A.C. 5:93-1 et seq. and the Uniform Housing Affordability Controls (UHAC) at N.J.A.C. 5:80-26.1 et seq.
(b) 
Affordable dwelling unit household income breakdown shall comply with the following:
(1) 
At least 13% of the affordable units shall be affordable to very-low-income (VLI) households at 30% of the median income;
(2) 
At least 50% of the affordable units shall be made affordable to low-income units (the 50% requirement is inclusive of the 13% VLI requirement); and
(3) 
The balance of units permitted at moderate income up shall not exceed maximum of 50% of all affordable units.
(c) 
Affordable dwelling bedroom distribution: Bedroom distribution shall be in accordance with the Council on Affordable Housing rules at N.J.A.C. 5:93-1 et seq. the Uniform Housing Affordability Controls (UHAC) at N.J.A.C. 5:80-26.1 et seq., the Fair Housing Act (FHA) and all other applicable law.
(d) 
The range of affordability, pricing and rent of units, affirmative marketing, thirty-year minimum affordability controls and construction phasing with the market rate units developed on the tract shall also be in accordance with the Council on Affordable Housing rules at N.J.A.C. 5:93-1 et seq. the Uniform Housing Affordability Controls (UHAC) at N.J.A.C. 5:80-26.1 et seq., the Fair Housing Act (FHA) and all other applicable law.
(e) 
The Municipal Housing Liaison shall be responsible to affirmatively market, administer and certify the occupant of each affordable unit, with all administrative costs to be paid by the Developer.
[Added 7-13-2020 by Ord. No. 2020-18]
[Added 7-13-2020 by Ord. No. 2020-18]
Within the AHO-4 zoning district the following principal uses shall be permitted:
(a) 
Floors above the ground floor/street level floor: multi-family residences.
(b) 
Ground floor/street level floor:
(1) 
Retail sales and services.
(2) 
Offices.
(3) 
Restaurants.
[Added 7-13-2020 by Ord. No. 2020-18]
Within the AHO-4 zoning district, the following accessory uses are permitted:
(a) 
Residential management office.
(b) 
Common rooms/areas, including for meetings, recreation, laundry and storage.
(c) 
Communications infrastructure.
(d) 
Maintenance and storage.
(e) 
Off-street parking and loading.
(f) 
Street/site furnishings.
(g) 
Home occupations.
(h) 
Fences and walls.
(i) 
Landscape amenities and open space.
(j) 
Pedestrian circulation elements.
(k) 
Signs.
(l) 
Storm water management facilities and other utilities.
(m) 
Other customary uses which are clearly incidental and subordinate to a permitted principal use.
[Added 7-13-2020 by Ord. No. 2020-18]
(a) 
Maximum permitted residential density: 15 DU/Acre.
(b) 
Minimum yard requirements:
(1) 
Front yard:
a. 
30 feet at NJSH Route 206, Herrontown Road & Mt. Lucas Road.
b. 
20 feet at Cherry Valley Road.
(2) 
Side yard: 20 feet.
(3) 
Rear yard: 25 feet.
(c) 
Maximum front yard setback: 40 feet at NJSH Route 206, Herrontown Road & Mt. Lucas Road.
(d) 
Minimum number of building stories: 2.5.
(e) 
Maximum building height: 45 feet.
(f) 
Maximum number of buildings: Multiple buildings per lot are permitted.
(g) 
Off-street parking:
(1) 
Residential uses: 1.3 off-street parking spaces shall be provided for each dwelling unit.
(2) 
Non-residential uses shall comply with Section 10B-282.
(3) 
Off-street parking shall not be located between the principal building(s) and NJSH Route 206, Herrontown Road and Mt. Lucas Road.
(h) 
Minimum planted buffers to residential zones: 15 feet.
(i) 
Residential Access. At least one common access to dwelling units shall be provided from the ground/street level of a building at a point along the building facade that faces the primary street frontage. Primary street frontage shall be NJSH Route 206, Herrontown Road or Mt. Lucas Road.
(j) 
Maximum residential use at street frontage. No more than 10% of a building along the primary street frontage (NJSH Route 206, Herrontown Road or Mt. Lucas Road) shall be devoted to the upper floor residential use.
(k) 
Minimum outdoor space. Outdoor space shall be provided for the benefit of residents of a building at a rate of 150 square feet for every dwelling unit. Outdoor space requirements may be satisfied through the creation of private or common balconies, or common areas on the ground/building roof. While outdoor areas may be developed to complement the non-residential uses, such areas shall not count toward the residential requirement.
(l) 
Residential Storage. A minimum of 300 cubic feet of storage shall be provided for each dwelling unit. The space for each unit shall be able to be secured by the occupant of the unit for which the storage space is dedicated. Individual storage units shall be organized into a common area within the building that is located at or below the ground floor level.
(m) 
Bicycle parking. Outdoor bicycle parking shall be weather-protected and provide the ability for individual users to secure their bicycle(s). Buildings or structures used for outdoor bicycle parking shall be designed to be architecturally compatible with the principal building(s) in terms of materials, colors and finishes.
[Added 7-27-2020 by Ord. No. 2020-21]
The Affordable Housing Overlay-5 Zone is to provide a realistic opportunity for the construction of affordable housing pursuant to the New Jersey Fair Housing Act and thereby comply with the Municipality's constitutional obligation to provide such housing to for low-and moderate-income households. Specifically, the AHO-5 zone is established to provide for redevelopment consisting of multi-family residential uses, with an affordable housing set-aside, to be developed in association with, and within, the Princeton Shopping Center tract.
[Added 7-27-2020 by Ord. No. 2020-21]
The minimum number of affordable dwelling unit credits resulting from these regulations shall not be less than 22 percent of all dwellings constructed in the zone, rounded up to the next whole dwelling unit. All dwelling units created pursuant to the AHO-5 regulations shall be deed restricted for occupancy by low- and moderate-income households and shall comply with the following:
(a) 
Affordable dwelling units shall be constructed and rented in accordance with the Council on Affordable Housing rules at N.J.A.C. 5:93-1 et seq. and the Uniform Housing Affordability Controls (UHAC) at N.J.A.C. 5:80-26.1 et seq.
(b) 
Affordable dwelling unit household income breakdown shall comply with the following:
(1) 
At least 13% of the affordable units shall be affordable to very low income (VLI) households at 30% of the median income;
(2) 
At least 50% of the affordable units shall be made affordable to low income units (the 50% requirement is inclusive of the 13% VLI requirement); and
(3) 
The balance of units permitted at moderate income up shall not exceed maximum of 50% of all affordable units.
(c) 
Affordable dwelling bedroom distribution: Bedroom distribution shall be in accordance with the Council on Affordable Housing rules at N.J.A.C. 5:93-1 et seq. the Uniform Housing Affordability Controls (UHAC) at N.J.A.C. 5:80-26.1 et seq., the Fair Housing Act (FHA) and all other applicable law.
(d) 
The range of affordability, pricing and rent of units, affirmative marketing, thirty-year minimum affordability controls (or until Princeton releases them) and construction phasing with the market rate units developed on the tract shall also be in accordance with the Council on Affordable Housing rules at N.J.A.C. 5:93-1 et seq. the Uniform Housing Affordability Controls (UHAC) at N.J.A.C. 5:80-26.1 et seq., the Fair Housing Act (FHA) and all other applicable law.
(e) 
The Developer/Owner will be responsible for retaining an Administrative Agent that shall be responsible to affirmatively market, administer and certify the occupant of each affordable unit, with all administrative costs to be paid by the Developer/Owner.
[Added 7-27-2020 by Ord. No. 2020-21]
[Added 7-27-2020 by Ord. No. 2020-21]
Within the AHO-5 zoning district the following principal uses shall be permitted:
(a) 
Multi-family residences available for rent.
[Added 7-27-2020 by Ord. No. 2020-21]
Within the AHO-5 zoning district, the following accessory uses are permitted:
(a) 
Residential management office.
(b) 
Common rooms/areas, including for meetings, recreation, laundry and storage.
(c) 
Communications infrastructure.
(d) 
Maintenance and storage.
(e) 
Off-street parking and loading, including structured parking.
(f) 
Street/site furnishings.
(g) 
Home occupations.
(h) 
Fences and walls.
(i) 
Landscape amenities and open space.
(j) 
Pedestrian circulation elements.
(k) 
Signs.
(l) 
Storm water management facilities and other utilities.
(m) 
Dog parks and/or runs and pet washing stations for the exclusive use of the tenant residents.
(n) 
Accessory uses customarily incidental and subordinate to permitted principal uses including, but not limited to, maintenance, trash and recycling facilities.
[Added 7-27-2020 by Ord. No. 2020-21; amended 12-21-2020 by Ord. No. 2020-54]
(a) 
Maximum permitted residential density: 7.5 DU/Acre.
(b) 
Minimum lot size: Subdivision of land is permitted. There is no minimum lot size requirement for new lots.
(c) 
Minimum yard requirements:
(1) 
Front yard: N/A.
(2) 
Side yard: 10 feet.
(3) 
Rear yard: N/A.
(d) 
Minimum Building Setback to Residential Zone: 60 feet.
(e) 
Maximum building height: 65 feet.
(f) 
Maximum number of dwelling units: 200.
(g) 
Maximum impervious coverage: 95% (Sec. 10B-246.1. "Maximum permitted residential lot impervious coverages" is not applicable to development within the AHO-5 district).
(h) 
Minimum number of affordable housing credits created (excluding bonuses): 44.
(i) 
Minimum off-street parking: 1.5 spaces per dwelling unit.
(j) 
Minimum planted buffers to residential zones: 15 feet.
(k) 
Consistency with concept plan: Residential development pursuant to the AHO-5 zone shall be generally consistent with the illustrative concept plan included herein.
(l) 
Floor area: The floor area of principal and accessory buildings developed pursuant to the AHO-5 district regulations shall not count towards the maximum permitted floor area ratio for permitted buildings developed pursuant to the underlying Shopping Center district.
(m) 
Minimum bedroom sizes: Bedrooms within multifamily dwellings developed pursuant to the AHO-5 district regulations shall be exempt from the minimum size requirements of section 10B-279.
(n) 
Development pursuant to the AHO-5 district regulations shall be exempt from the requirements of Division 9 Residential Clusters.
(o) 
Height-to-Setback Ratio: The maximum ratio between the height of a building and the setback of a building to the nearest property line shall not exceed 1:1.25.
Editor's Note: Also codified at B17A-457.
[Added 1-23-2023 by Ord. No. 2023-02]
The purpose of the AHO-7 zoning district is to provide a realistic opportunity for the construction of affordable housing pursuant to the New Jersey Fair Housing Act and thereby comply with the Municipality's constitutional obligation to provide such housing to for low-and moderate-income households. Specifically, the AHO-7 zone is established to incentivize redevelopment consisting of upper-story multi-family residential uses, with an affordable housing set-aside, along with ground-level retail, service, commercial and office uses.
[Added 1-23-2023 by Ord. No. 2023-02]
Within the AHO-7 zoning district, A minimum of 20% of all dwellings, rounded up to the next whole dwelling unit, shall be deed restricted for occupancy by low- and moderate-income households and shall comply with the following:
(a) 
Affordable dwelling units shall be constructed and sold or rented in accordance with the Council on Affordable Housing rules at N.J.A.C. 5:93-1 et seq. and the Uniform Housing Affordability Controls (UHAC) at N.J.A.C. 5:80-26.1 et seq.
(b) 
Affordable dwelling unit household income breakdown shall comply with the following:
(1) 
At least 13% of the affordable units shall be affordable to very-low-income (VLI) households at 30% of the median income;
(2) 
At least 50% of the affordable units shall be made affordable to low-income units (the 50% requirement is inclusive of the 13% VLI requirement); and
(3) 
The balance of units permitted at moderate income up shall not exceed maximum of 50% of all affordable units.
(c) 
Affordable dwelling bedroom distribution: Bedroom distribution shall be in accordance with the Council on Affordable Housing rules at N.J.A.C. 5:93-1 et seq. the Uniform Housing Affordability Controls (UHAC) at N.J.A.C. 5:80-26.1 et seq., the Fair Housing Act (FHA) and all other applicable law.
(d) 
The range of affordability, pricing and rent of units, affirmative marketing, 30-year minimum affordability controls and construction phasing with the market rate units developed on the tract shall also be in accordance with the Council on Affordable Housing rules at N.J.A.C. 5:93-1 et seq. the Uniform Housing Affordability Controls (UHAC) at N.J.A.C. 5:80-26.1 et seq., the Fair Housing Act (FHA) and all other applicable law.
(e) 
The Municipal Housing Liaison shall be responsible to affirmatively market, administer and certify the occupant of each affordable unit, with all administrative costs to be paid by the Developer.
[Added 1-23-2023 by Ord. No. 2023-02]
The AHO-7 zoning district is located almost entirely within the Witherspoon Jackson Historic District and contains properties with buildings that are eligible for designation as a historic building or as a contributing structure within a planned historic district. Furthermore, these buildings represent significant contributions to the existing desirable character of the Witherspoon Street corridor. The AHO-7 regulations are not intended to incentivize the removal of such buildings. Therefore, utilization of the AHO-7 regulations requires the retention of any street-fronting principal buildings, to the extent practicable, in existence at the time of the adoption of the ordinance establishing these regulations, on the following properties that are located within the AHO-7 zoning district. Only those proposals that comply with this requirement shall be permitted to develop pursuant to the AHO-7 regulations. Nothing in these regulations is intended to supersede the requirements for Historic Preservation Commission approval within the historic district.
AHO-7 Required Principal Building Retention
Address
Block
Lot
3-5 Lytle Street
15.02
84
7 Leigh Avenue
6905
21
114-118 Witherspoon Street
17.02
54
120 Witherspoon Street
17.02
53
124 Witherspoon Street
17.02
52
136-142 Witherspoon Street/7 Quarry Street
17.03
87.01-87.05
144a Witherspoon Street
17.03
86
164 Witherspoon Street
17.03
117
158 Witherspoon Street
17.03
80.01,118
165 Witherspoon Street
24.01
7
169 Witherspoon Street
21.01
18
173 Witherspoon Street
21.01
17
177 Witherspoon Street
21.01
16
181 Witherspoon Street
21.01
15
184 Witherspoon Street
15.01
28
188 Witherspoon Street
15.01
27
191 Witherspoon Street
21.01
21
193 Witherspoon Street
21.01
13
197 Witherspoon Street
21.01
12
201 Witherspoon Street
21.01
11
204-206 Witherspoon Street
15.01
24
212 Witherspoon Street
15.02
85
214 Witherspoon Street
15.02
61
216 Witherspoon Street
15.02
60
230 Witherspoon Street
15.03
90
232 Witherspoon Street
15.03
87
238 Witherspoon Street
15.03
58
244 Witherspoon Street
15.03
57
246 Witherspoon Street
15.03
56
[Added 1-23-2023 by Ord. No. 2023-02]
Within the AHO-7 zoning district the following principal uses shall be permitted:
(a) 
Floors above the ground floor/street level floor: multi-family residences.
(b) 
Ground floor/street level floor:
(1) 
Retail sales and services.
(2) 
Office.
(3) 
Restaurants.
(c) 
Residences, if existing on the date of adoption of these AHO-7 regulations, or if located in a new ground-floor space constructed after the date of adoption of these regulations.
[Added 1-23-2023 by Ord. No. 2023-02]
Within the AHO-7 zoning district the following accessory uses shall be permitted:
(a) 
Residential management office.
(b) 
Common rooms/areas, including for meetings, recreation, laundry and storage.
(c) 
Communications infrastructure.
(d) 
Maintenance and storage.
(e) 
Off-street parking and loading.
(f) 
Street/site furnishings.
(g) 
Home occupations.
(h) 
Fences and walls.
(i) 
Landscape amenities and open space.
(j) 
Pedestrian circulation elements.
(k) 
Signs.
(l) 
Storm water management facilities and other utilities.
(m) 
Other customary uses which are clearly incidental and subordinate to a permitted principal use.
[Added 1-23-2023 by Ord. No. 2023-02]
(a) 
Minimum yard requirements:
(1) 
Front yard: 0 feet.
(2) 
Side yard: 0 feet.
(3) 
Rear yard: 15 feet.
(b) 
Maximum front yard setback: 10 feet.
(c) 
Maximum impervious coverage: 90%.
(d) 
Building height: Maximum height is 3.5 stories and not to exceed 45 feet.
(e) 
Maximum number of buildings: Multiple buildings per lot are permitted.
(f) 
Off-street parking.
(1) 
Residential uses:
a. 
Up to five dwelling units, inclusive of existing and new: no off-street parking is required.
b. 
One off-street parking space shall be provided for each new dwelling unit in excess of five dwelling units.
c. 
On-street parking credit. Off-street parking requirements shall be reduced by the number of new on-street parking spaces created.
(2) 
Non-residential uses: no off-street parking required.
(g) 
Minimum landscape buffers to residential zones: 15 feet.
(h) 
Lighting. Illumination of sites and buildings shall be regulated pursuant to Borough Code section 17A-365.1 Lighting.
(i) 
Signage. Signs shall be regulated pursuant to Borough Code section 17A-368 Accessory Signs-Permitted in business districts.