[1991 Code § 233-4; Ord. No. 93-852; Ord. No. 2025-05, 5-19-2025; Ord. No. 2025-19, 12-15-2025]
A. 
The Borough is hereby divided into the following zones or districts as shown on the zoning map:
R-1
Residential
R-2
Residential
R-3
Residential
R-4
Residential
R-MF
Multifamily
R-MF14
R-MF18
R-PE
Planned Residential - Elderly
R-PMF
Planned Residential - Multifamily
DTC
Downtown Core
DTG
Downtown Gateway
HC
Highway Commercial
RO
Research Office
PED
Planned Economic Development
AA
Active Adult Age-Restricted Housing
B. 
For purposes of this chapter, the more restricted district shall be deemed to be that district which is subject to regulations which prohibit the particular use intended to be made of such lot or which regulations require higher standards with respect to densities, coverage, setback, yards, screening, landscaping, parking and similar requirements.
[1991 Code § 233-5; Ord. No. 2000-29; Ord. No. 2002-05; Ord. No. 2003-29; Ord. No. 2005-07; Ord. No. 2019-15; Ord. No. 2020-02[1]; Ord. No. 2026-04, 3-12-2026]
The boundaries of the districts are hereby established as shown on the Zoning Map, Borough of Hightstown, Mercer County, New Jersey, dated November 2025, which, with all explanatory matter thereon, is hereby adopted and made a part of this chapter by reference. Such map shall be kept on file in the offices of the Borough Clerk for the use and benefit of the public.
[1]
Editor's Note: Ordinance 2020-02, the Property Listing (Exhibit "A") and the Map (Exhibit "B") were all amended at the time of adoption from the format that was initially introduced on 3-16-2020.
[1991 Code § 233-6]
In determining the boundaries of districts shown in the Zoning Map, the following rules shall apply:
A. 
Unless otherwise shown, the district boundary lines shall be construed to coincide with the center lines of streets, alleys, parkways, waterways, railroad rights-of-way or such lines extended.
B. 
Where such boundary lines are indicated as approximately following the property lines of parks or other publicly owned lands, such lines shall be construed to be such boundaries.
C. 
In all cases where a district boundary line divides a lot in one ownership and more than 65% of the area of such lot lies in the less restricted district, the regulations prescribed by this chapter for the less restricted district shall apply to that portion of such lot that lies in the more restricted district.
D. 
In all cases where a district boundary line is located not farther than 15 feet away from a lot line of record, such boundary line shall be construed to coincide with such lot line.
E. 
In all other cases, where dimensions are not shown on the map, the location of district boundary lines shown on the map shall be determined by the use of the scale appearing thereon.
F. 
In cases of uncertainty or disagreement as to the true location of any zone boundary line, the determination thereof shall lie with the Planning Board as hereinafter provided.
[1991 Code § 233-7]
A. 
No building shall be erected, moved, altered, rebuilt or enlarged, except as specified elsewhere in this chapter, nor shall any land be improved or building be used, designed or arranged to be used, for any purpose or in any manner, except in conformity with all regulations, requirements and/or restrictions specified in this chapter for the district in which such building or land is located.
B. 
No yard or open space required in connection with any building or use shall be considered as providing a required open space for any other building on the same or any other lot.
C. 
No lot shall be formed from part of a lot already occupied by a building unless such building, all yards and open spaces connected therewith and the remaining lot comply with all requirements prescribed by this chapter for the district in which such lot is located. No permit shall be issued for the erection of a building on any new lot thus created unless such building and lot comply with all the provisions of this chapter.
[1991 Code § 233-8, 233-9; Ord. No. 93-852; Ord. No. 1997-33; Ord. No. 2010-08; Ord. No. 2013-13; Ord. No. 2015-28; Ord. No. 2020-01]
A. 
Permitted uses. In the R-1 Residential District, the following uses, and no others, shall be permitted:
(1) 
Principal uses:
(a) 
Detached single-family dwellings, which may contain a professional office or private school, subject to the regulations of § 28-10-4, or a customary home occupation subject to the regulations of § 28-10-7.
(b) 
Public or private schools, subject to the restrictions set forth in § 28-10-2.
(c) 
Places of worship, subject to the restrictions set forth in § 28-10-3.
(d) 
Public facilities.
(e) 
Public utility offices and facilities.
(f) 
Hospitals, sanitariums and nursing homes.
(g) 
Cemeteries, but not including mausoleums or crematoriums, and further limited to the properties used for cemetery purposes at the time of the adoption of Ordinance No. 93-852. It is not the intent of this subsection to prohibit additional grave sites on property used for cemetery purposes at the time of the adoption of the aforesaid ordinance.
(h) 
Agriculture and horticulture, including sale of farm products on properties where produced.
(i) 
Community residences for the developmentally disabled, community residences for the mentally ill and community residences for persons with head injuries.
(j) 
Community shelter for victims of domestic violence, as defined in N.J.S.A. 40:55D-66.2(b), housing up to six persons, exclusive of staff.
(k) 
Family day-care homes, as defined in N.J.S.A. 40:55D-66.5b.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. 1-8)]
(2) 
Accessory uses:
(a) 
Carports, accessory garages and/or open parking spaces with necessary driveways for vehicles belonging to residents on the premises and their guests.
(b) 
Noncommercial solariums and home swimming pools, provided that suitable protective fencing at least four feet high shall surround the pool.
(c) 
Home-based occupations as defined in § 28-10-7 and professional offices, provided that the professional resides on the premises, and further provided that no more than one nonresident employee shall be permitted. The home-based occupations, professional offices, home study, noncommercial gym room or recreation room may be located in a detached garage. A kitchen, full bath or bedrooms are not allowed in the detached garage.
[Amended 3-7-2022 by Ord. No. 2022-03]
(d) 
Signs, as provided in § 28-3-5B(12).
(e) 
Fences and walls.
(f) 
Subject to lot coverage requirements, no more than two storage sheds are permitted on a lot.
(g) 
Satellite dishes, subject to the restrictions and requirements set forth in § 28-10-19.
(h) 
Yard structures to include gazebos, pergolas or arbors, subject to the restrictions and requirements set forth in § 28-10-21.
(i) 
Playground equipment, including but not limited to swing sets, nonelevated children's playhouses, etc.; however, no zoning permit shall be required. Tree houses shall not be located within 10 feet of any property line.
[Amended 3-7-2022 by Ord. No. 2022-03]
(3) 
Conditional uses. Shelters for victims of domestic violence housing more than six but fewer than 16 persons excluding staff, developed in accordance with the standards and conditions set forth in § 28-10-8.
B. 
Other restrictions.
(1) 
Lot area. A lot of not less than 15,000 square feet shall be required.
(2) 
Lot width. A lot width of not less than 100 feet shall be required.
(3) 
Lot depth. A lot depth of not less than 150 feet shall be required.
(4) 
Front yard. No portion of any building shall be located nearer to any street line than 35 feet, except that projections such as window sills, cornices, cantilevered roofs, open one-story porches, balconies, other roof overhangs, canopies, bay windows and others of the same nature may project not more than five feet into a required front yard. Further, no building erected on any lot need be set back farther from the street line than the average alignment of existing buildings within 200 feet on each side of the lot and within the same block front and district. Regardless of the alignment of neighboring buildings, however, no building erected between two existing buildings on immediately adjacent lots need be set back farther than that of the two buildings which is farther from the street line. The front yard setback shall be 50 feet for the following uses: public or private schools, places of worship, public facilities, hospitals, sanitariums and nursing homes.
(5) 
Side yards; principal buildings. There shall be two side yards having an aggregate width of 35 feet, each having a width not less than 15 feet. In the case of a corner lot, the side yard on the street side shall be not less than 25 feet.
(6) 
Side yards; accessory buildings. There shall be two side yards having an aggregate width of 35 feet, each having a width of not less than three feet.
(7) 
Rear yard; principal buildings. There shall be rear yard not less than 45 feet deep. In the case of a lot extending through from street to street, the front yard requirements shall be observed on both streets. Projections, such as window sills, cornices, cantilever roofs, open one-story porches or decks, balconies, other roof overhangs, canopies, bay windows and others of the same nature, may project not more than five feet into a required rear yard.
(8) 
Rear yard; accessory buildings. There shall be a rear yard not less than three feet deep behind accessory buildings. In the case of a lot extending through from street to street, the front yard requirements shall be observed on both streets.
(9) 
Height. The maximum height shall be 21/2 stories, not to exceed 35 feet. For accessory structures, the maximum height shall be 16 feet. The maximum height of a detached garage shall be 24 feet. The maximum eave height of the main roof of a detached garage shall be 12 feet.
[Amended 3-7-2022 by Ord. No. 2022-03]
(10) 
Lot coverage. Total lot coverage of all buildings shall not exceed 20% of the gross lot area. The total lot coverage of all structures and other lot improvements shall not exceed 35% of the gross lot area.
(11) 
Parking. Off-street parking spaces shall be provided as follows:
(a) 
Detached single-family dwellings, two spaces.
(b) 
Public or private schools, one space for each six seats or area equivalent thereto, plus one space for each full-time employee.
(c) 
Places of worship, the same as for schools.
(d) 
Public facilities, one space for each 400 square feet of floor area where the building contains over 2,000 square feet of floor area.
(e) 
Public utility offices and other facilities, the same as for public facilities.
(f) 
Hospitals, sanitariums or nursing homes, one space for each four beds, plus one space for each full-time employee or volunteer or equivalent per shift.
(g) 
Cemeteries, one space for every 50 filled graves less than 20 years old.
(h) 
Agriculture and horticulture, none.
(i) 
Other uses when permitted by variance, the number required in the least restricted district where the use is permitted unless otherwise stipulated by the Planning Board.
(12) 
Signs. The following types of signs shall be permitted in the R-1 Residential District:
(a) 
Nameplates and identification signs. Signs indicating the name or address of the occupant or a permitted home occupation or profession bearing only the business name and profession of the user on the site, provided that they shall not exceed two square feet in area. Only one sign shall be permitted per dwelling unit, except in the case of corner lots, where two such signs, one facing each street, shall be permitted.
(b) 
Sales or rental signs. Signs advertising the sale or rental of the premises upon which they are located, provided that they shall not exceed four square feet in area. Not more than one such sign may be placed upon any property unless such property fronts upon more than one street, in which case two signs may be erected, one facing each street. Such signs shall be promptly removed when premises are sold or rented.
(c) 
Institutional and agricultural signs. Signs of schools, colleges, churches, hospitals or other institutions of a similar public or semipublic nature and signs for agricultural or horticultural establishments, provided that the size of any sign shall not exceed 20 square feet in area. Not more than one such sign shall be permitted for an institution unless the property fronts upon more than one street, in which case two such signs may be erected, one facing each street.
(d) 
Signs accessory to parking areas. Signs designating entrances or exits to or from a parking area, provided that the size of any sign shall not exceed four square feet in area, and signs designating the identity and conditions of use of parking areas, provided that the size of any such sign shall not exceed eight square feet in area. Not more than one sign may be placed upon any property unless such property fronts upon more than one street, in which event two such signs may be permitted, one facing each street.
(e) 
Development signs:
[1] 
Signs advertising the sale or development of the premises upon which they are located may be erected by a builder, contractor, developer or other person interested in such sale or development, provided that the area of any sign shall not exceed 20 square feet.
[2] 
Not more than one sign may be placed upon any such property unless such property fronts upon more than one street, in which event one such sign may be erected facing each street.
[3] 
Such sign shall be removed by the developer within 30 days of the final sale of the property.
(f) 
Directional signs for developments:
[1] 
Signs indicating the location and direction of premises available for or in the process of development, but not erected upon such premises, and having inscribed thereon the name of the owner, developer, builder or agent may be erected, provided that the area of any sign shall not exceed four square feet in area nor four feet in length.
[2] 
No more than one such sign may be erected on each 500 feet of street frontage.
[3] 
Such signs shall be removed by the developer within 30 days of the final sale of the property.
(g) 
Artisans' signs:
[1] 
Signs of builders, electrical contractors, painters and other artisans may be erected and maintained during the period in which such persons are performing work on the premises, provided that the size of any such sign shall not exceed 12 square feet in area.
[2] 
Such signs shall be removed promptly upon completion of the work.
(h) 
Private driveways: signs indicating the private nature of a driveway, provided that the size of any such sign shall not exceed two square feet in area.
(13) 
Sight triangles. Buildings, signs and other structures shall be located so that an adequate line of vision is provided across sight triangles as required in § 28-10-9.
[1991 Code §§ 233-10, 233-11; Ord. No. 93-852; Ord. No. 2008-12]
A. 
Permitted uses. In the R-2 Residential District, the following uses, and no others, shall be permitted:
(1) 
Principal uses. Principal uses shall be the same as those permitted in the R-1 Residential District.
(2) 
Accessory uses. Accessory uses shall be the same as those permitted in the R-1 Residential District.
(3) 
Conditional uses. Conditional uses are the same as those set forth in the R-1 Residential District, § 28-3-5A(3).
B. 
Other restrictions.
(1) 
Lot area. A lot area of not less than 12,000 square feet is required.
(2) 
Lot width. A lot width of not less than 100 feet shall be required.
(3) 
Lot depth. A lot depth of not less than 120 feet shall be required.
(4) 
Front yard. No portion of any building shall be located nearer to any street line than 30 feet, except that projections such as window sills, cornices, cantilevered roofs, open one-story porches, balconies, other roof overhangs, canopies, bay windows and others of the same nature may project not more than five feet into a required front yard. Further, no building erected on any lot need be set back farther from the street line than the average alignment of existing buildings within 200 feet on each side of the lot and within the same block front and district. Regardless of the alignment of neighboring buildings, however, no building erected between two existing buildings on immediately adjacent lots need be set back farther than that of the two buildings which is farther from the street line. The front yard setback shall be 50 feet for the following uses: Public or private schools, places of worship, public facilities, hospitals, sanitariums and nursing homes.
(5) 
Side yards; principal buildings. There shall be two side yards having an aggregate width of 35 feet, each having a width of not less than 15 feet. In the case of a corner lot, the side yard on the street side shall not be less than 10 feet.
(6) 
Side yards; accessory buildings. There shall be two side yards having an aggregate width of 35 feet, each having a width of not less than three feet.
(7) 
Rear yard; principal buildings. There shall be a rear yard not less than 40 feet deep. In the case of a lot extending through from street to street, the front yard requirements shall be observed on both streets. Projections, such as window sills, cornices, cantilever roofs, open one-story porches or decks, balconies, other roof overhangs, canopies, bay windows and others of the same nature, may project not more than five feet into a required rear yard.
(8) 
Rear yard; accessory buildings. There shall be a rear yard not less than three feet deep behind accessory buildings. In the case of a lot extending through from street to street, the front yard requirements shall be observed on both streets.
(9) 
Height. The maximum height shall be 2.5 stories, not to exceed 35 feet. For accessory structures, the maximum height shall be 16 feet.
(10) 
Lot coverage. Total lot coverage of all buildings shall not exceed 20% of the gross lot area. The total lot coverage of all structures and other lot improvements shall not exceed 35% of the gross lot area.
(11) 
Parking. The regulations for parking shall be the same as for the R-1 District.
(12) 
Signs. The regulations for signs shall be the same as for the R-1 District.
(13) 
Sight Triangles. The regulations for sight triangles shall be the same as the R-1 District.
[1991 Code §§ 233-12, 233-13; Ord. No. 93-852; Ord. No. 2008-12]
A. 
Permitted uses. In the R-3 Residential District, the following uses, and no others, shall be permitted:
(1) 
Principal uses. Principal uses shall be the same as those permitted in the R-1 Residential District.
(2) 
Accessory uses. Accessory uses shall be the same as those permitted in the R-1 Residential District.
(3) 
Conditional uses. Conditional uses are the same as those set forth in the R-1 Residential District.
B. 
Other restrictions.
(1) 
Lot area. A lot area of not less than 10,000 square feet is required.
(2) 
Lot width. A lot width of not less than 75 feet shall be required.
(3) 
Lot depth. A lot depth of not less than 100 feet shall be required.
(4) 
Front yard. No portion of any building shall be located nearer to any street line than 25 feet, except that projections such as window sills, cornices, cantilevered roofs, open one-story porches, balconies, other roof overhangs, canopies, bay windows and others of the same nature may project not more than five feet into a required front yard. Further, no building erected on any lot need be set back farther from the street line than the average alignment of existing buildings within 200 feet on each side of the lot and within the same block front and district. Regardless of the alignment of neighboring buildings, however, no building erected between two existing buildings on immediately adjacent lots need be set back farther than that of the two buildings which is farther from the street line. The front yard setback shall be 50 feet for the following uses: public or private schools, places of worship, public facilities, hospitals, sanitariums and nursing homes.
(5) 
Side yards; principal buildings. There shall be two side yards having an aggregate width of 25 feet, each having a width of not less than 10 feet. In the case of a corner lot, the side yard on the street side shall not be less than 10 feet.
(6) 
Side yards; accessory buildings. There shall be two side yards having an aggregate width of 25 feet, each having a width of not less than three feet.
(7) 
Rear yard; principal buildings. There shall be a rear yard not less than 35 feet deep. In the case of a lot extending through from street to street, the front yard requirements shall be observed on both streets. Projections, such as window sills, cornices, cantilever roofs, open one-story porches or decks, balconies, other roof overhangs, canopies, bay windows and others of the same nature, may project not more than five feet into a required rear yard.
(8) 
Rear yard; accessory buildings. There shall be a rear yard not less than three feet deep behind accessory buildings. In the case of a lot extending through from street to street, the front yard requirements shall be observed on both streets.
(9) 
Height. The maximum height shall be 2.5 stories, not to exceed 35 feet. For accessory structures, the maximum height shall be 16 feet.
(10) 
Lot coverage. Total lot coverage of all buildings shall not exceed 30% of the gross lot area. The total lot coverage of all structures and other lot improvements shall not exceed 40% of the gross lot area.
(11) 
Parking. The regulations for parking shall be the same as for the R-1 District.
(12) 
Signs. The regulations for signs shall be the same as for the R-1 District.
(13) 
Sight triangles. The regulations for sight triangles shall be the same as for the R-1 District.
[Ord. No. 93-852]
A. 
Permitted uses. In the R-4 Residential District, the following uses, and no others, shall be permitted:
(1) 
Principal uses. Principal uses shall be the same as those permitted in the R-1 Residential District.
(2) 
Accessory uses. Accessory uses shall be the same as those permitted in the R-1 Residential District.
(3) 
Conditional uses. No conditional uses are permitted.
B. 
Other restrictions.
(1) 
Lot area. A lot area of not less than 7,500 square feet shall be required.
(2) 
Lot width. A lot width of not less than 50 feet shall be required.
(3) 
Lot depth. A lot depth of not less than 100 feet shall be required.
(4) 
Front yard. No portion of any building shall be located nearer to any street line than 25 feet, except that projections such as window sills, cornices, cantilevered roofs, open one-story porches, balconies, other roof overhangs, canopies, bay windows and others of the same nature may project not more than five feet into a required front yard. Further, no building erected on any lot need be set back farther from the street line than the average alignment of existing buildings within 200 feet on each side of the lot and within the same block front and district. Regardless of the alignment of neighboring buildings, however, no buildings on immediately adjacent lots need be set back farther than that of the two buildings which is farther from the street line. The front yard setback shall be 50 feet for the following uses: public or private schools, places of worship, public facilities, hospitals, sanitariums and nursing homes.
(5) 
Side yards; principal buildings. There shall be two side yards having an aggregate width of not less than 18 feet, each having a width of not less than five feet. In the case of a corner lot, the side yard on the street side shall be not less than 10 feet.
(6) 
Side yards; accessory buildings. There shall be two side yards having an aggregate width of 25 feet, each having a width of not less than three feet.
(7) 
Rear yard; principal buildings. There shall be a rear yard not less than 35 feet deep. In the case of a lot extending through from street to street, the front yard requirements shall be observed on both streets. Projections such as window sills, cornices, cantilevered roofs, open one-story porches or decks, balconies, other roof overhangs, canopies, bay windows and others of the same nature may project not more than five feet into a required rear yard.
(8) 
Rear yard; accessory buildings. There shall be a rear yard not less than three feet deep behind accessory buildings. In the case of a lot extending through from street to street, the front yard requirements shall be observed on both streets.
(9) 
Height. The maximum height for principal structures shall be 2.5 stories, not to exceed 35 feet. For accessory structures, the maximum height shall be 16 feet.
(10) 
Lot coverage. The total lot coverage of all buildings shall not exceed 30% of gross lot area. The total lot coverage of all structures and other lot improvements shall not exceed 50% of gross lot area.
(11) 
Parking. The regulations for parking shall be the same as for the R-1 District.
(12) 
Signs. The regulations for signs shall be the same as for the R-1 District.
(13) 
Sight triangles. The regulations for sight triangles shall be the same as for the R-1 District.
[1991 Code §§ 233-14, 233-15; Ord. No. 93-852; Ord. No. 2025-05, 5-19-2025; Ord. No. 2025-10, 7-21-2025; Ord. No. 2026-04, 3-12-2026]
A. 
Purpose and intent. The purpose and intent of the R-MF Multifamily Residential District is to provide market rate and subsidized affordable housing in the Borough of Hightstown to aid in meeting its constitutional obligation to provide for very low, low and moderate income housing in accordance with the Fair Housing Act (N.J.S.A. 52:27D-301 et seq.). The R-MF District is further divided into subdistricts that apply to specific sites with inclusionary affordable housing in accordance with the objectives of the Housing Plan Element of the Master Plan and implementing resolutions, ordinances, and agreements constituting the Fair Share Plan. The R-MF District provides a compensatory benefit over the preceding zoning district's use and/or intensity standards sufficient to address the affordable housing components of inclusionary development.
B. 
Permitted uses. In the R-MF Multifamily District, the following uses, and no others, shall be permitted:
(1) 
Principal uses:
(a) 
Townhouse dwellings.
(b) 
Multifamily dwellings.
(c) 
Municipal purpose.
(2) 
Accessory uses:
(a) 
Community center for the use of residents and their guests.
(b) 
Common recreational facilities for the use and enjoyment of residents and their guests.
(c) 
Maintenance building.
(d) 
Management office if located within a community center or building with multifamily dwellings.
(e) 
Home occupation in accordance with the requirements of § 28-10-7 and in addition to the prohibited uses listed in Subsection C therein, no funeral home, private school or professional office shall be permitted as a home occupation on the premises.
(f) 
Off-street surface parking; car sheds and detached garages for private residential use, only.
(g) 
Fences, walls and street furniture.
(h) 
Signs in accordance with Chapter 9.
(i) 
Large satellite dish antenna when approved as part of an application for development for providing common service to the residents of a development in accordance with the standards of § 28-10-19.
(j) 
Small satellite dish antennas in accordance with the standards of § 28-10-19.
(k) 
Accessory uses on the same lot and customarily incidental to the principal use.
(3) 
Conditional uses. The following uses shall be permitted when the criteria have been met for the site listed.
(a) 
Multifamily use with a subdistrict designation of 18 (R-MF18) shall be permitted when the following criteria have been met:
[1] 
New multifamily dwellings shall be added to the site by additions to the existing building or by the demolition and construction of new buildings in lieu of the construction of additions.
[2] 
The design of the additions shall have at a minimum a base made of comparable materials to the exterior of the existing buildings but may differ in the field materials above the base, and shall have a similar roof pitch, and roof design as the existing buildings. Fenestration shall mimic the spacing and opening size, to the degree permissible by the Uniform Construction Code, of the existing window and doors architecture.
[3] 
At least twenty percent (20%) of all housing units shall be affordable to low, including very low, and moderate income households as those terms are defined in the Borough's affordable housing regulations, the Uniform Housing Affordability Controls rules (N.J.A.C. 5:80-26.1 et seq.) and the New Jersey Fair Housing Act (N.J.S.A. 52:27D-301 et seq.). Such units may be established in existing multifamily units as such dwellings become vacant in a schedule as approved by the Borough's Administrative Agent for affordable housing.
[4] 
These conditional use criteria shall not apply to any R-MF 18 zoned property that does not contain garden apartments, but shall be considered a principal permitted use.
(b) 
Uses permitted in § 28-3-15, the DTG Downtown Gateway district, listed as Subsection A(1)(b) through (i) and (k), meeting the following criteria:
[1] 
Any such use shall front on State Highway 33 (Franklin Street) or County Road 633.
[2] 
Any such use shall be located on the first floor only of a building.
(c) 
Uses permitted in § 28-3-14, the Highway Commercial District, listed as Subsection A(1), (2) and (3).
[1] 
Any such use shall front on Mercer Street.
(d) 
Cannabis retail uses permitted subject to the following criteria:
[1] 
Any such use shall front on State Highway 33 (Franklin Street) or County Road 633.
[2] 
Any such use shall be located on the first floor only of a building.
[3] 
Such use shall operate fully within an enclosed building.
[4] 
Excepting emergency egress doors, each entrance and exit, including loading docks doors, shall be designed to prevent interior air from escaping out of doors unless properly treated as required under § 4-13-6G through air locks, negative pressurization or other means of preventing untreated air from exiting the building.
[5] 
All criteria set forth in the licensing regulations at § 4-13-6 shall apply.
[1991 Code §§ 233-16, 233-17; Ord. No. 93-852; Ord. No. 1997-33]
A. 
Permitted uses. In the R-PE Planned Residential — Elderly District, the following uses, and no others, shall be permitted:
(1) 
Permitted uses:
(a) 
Residences for the elderly; retirement communities.
[1] 
Residences for the elderly or retirement communities, subject to site plan approval by the Planning Board, which may take the form of:
[a] 
Townhouses, provided that a maximum of three houses may be in a single row.
[b] 
Multifamily dwellings, provided that a maximum of four units may be in a single building.
[2] 
Each unit shall be fully distinct and separate from the other and shall have separate living and sleeping and cooking facilities and a separate entrance. Each living unit shall have a portion of the entire development's open space contiguous to it and designed to pertain to that unit and shall have access to a public street or common driveway serving all such units without passing over any land designated as common land or pertaining to another unit. Such developments shall be so designed that private or condominium ownership of each unit is feasible.
(b) 
Community residences for the developmentally disabled, community residences for the mentally ill and community residences for persons with head injuries.
(2) 
Accessory uses. Accessory uses shall be the same as those permitted in the R-MF District.
B. 
Other restrictions.
(1) 
Community characteristics.
(a) 
All retirement communities in this district shall have the following characteristics:
[1] 
The residents of the communities shall be at least 60 years of age or, in the case of husband and wife, one of them shall be at least 60 years of age, except that younger persons may become residents if they have special health problems of a permanent nature certified to by a licensed physician.
[2] 
The communities shall contain but not be limited to:
[a] 
Living quarters.
[b] 
Central dining, recreational and social facilities.
[c] 
Facilities for religious worship.
[d] 
A nursing home and clinic.
(b) 
If any such community is located on contiguous property which is partly in the Borough and partly in the Township of East Windsor, buildings and facilities which are located in the Township shall be included in determining whether the foregoing requirements are met.
(2) 
Area. The minimum site area shall be 10 acres.
(3) 
Parking. Off-street parking shall be provided at the ratio of one space for each apartment, one space for each four beds in the nursing home and one space for each house or cottage. The foregoing is designed to include all necessary parking for inhabitants, employees and visitors.
(4) 
Height. The maximum height of buildings shall be two stories.
(5) 
Coverage. The maximum coverage for the entire site shall be 25%.
(6) 
Minimum floor area. The minimum floor area for each apartment shall be 375 square feet. The minimum floor area for each house or cottage shall be 768 square feet.
(7) 
Landscaping. There shall be suitable landscaping, shrubbery, fencing, trees and screening from adjoining residential areas, all of which shall be maintained by the owner in conformity with accepted practices of plant husbandry.
(8) 
Setback. No building or parking area shall be placed closer to the right-of-way line of a public street than 50 feet. Building locations shall also comply with Borough requirements for providing adequate sight triangles.
(9) 
Density. The maximum number of dwelling units shall be 14 per acre, excluding nursing homes and their units, if any, in the community.
(10) 
Signs. The regulations for signs shall be the same as in the R-MF District.
(11) 
Sight triangles. The regulations for sight triangles shall be the same as for the R-1 District.
[Ord. No. 2002-05; Ord. No. 2002-07; Ord. No. 2008-12; Ord. No. 2013-13; Ord. No. 2016-18]
A. 
Minimum tract size.
(1) 
Active adult age-restricted housing developments are permitted on tracts of land at least 30 acres in size within the "AA" zoning district.
B. 
Age restrictions.
(1) 
The use and occupancy of all dwelling units within an age-restricted housing development shall comply in all respects with the requirements of the Federal Housing for Older Persons Act of 1995 (HOPA), the Federal Fair Housing Act, and the New Jersey Fair Housing Act of 1985, as said statutes exist now or as they may be amended in the future.
C. 
Maximum number of dwelling units permitted. The maximum number of permitted active adult age-restricted dwelling units within an active adult age-restricted housing development shall be three dwelling units per gross acre of land within the subject tract, rounded downward to the nearest whole number.
D. 
Permitted uses.
(1) 
Detached single-family dwelling units.
(2) 
Conservation areas, open spaces, common property and facilities.
(3) 
Recreation, clubhouse and related facilities.
E. 
Design requirements for detached dwelling units.
(1) 
No detached dwelling unit shall exceed two stories in height or 35 feet, whichever is less.
(2) 
The gross floor area situated within the second floor of a detached dwelling unit shall not equate to more than 50% of the gross floor area situated on the first floor of the dwelling unit, including the attached garage.
(3) 
Diversity of architectural design for the single-family detached dwellings within an active adult age-restricted housing development shall meet the following requirements:
(a) 
No construction permit shall be issued for any detached dwelling unit within an active adult age-restricted housing development if it is substantially similar in exterior design with any neighboring dwelling unit situated on another lot on the same street, either on the same side of the street or on the opposite side of the street, unless the two lots are separated by a distance of at least 50 feet.
(b) 
Detached dwelling units shall be considered "substantially similar in exterior design" if they have any one of the following three architectural characteristics:
[1] 
The same basic dimensions and floor plans are used without significant differentiation to the exterior elevations;
[2] 
The architectural design of the roofs are without significant change in appearance; or
[3] 
The architectural design of windows and front door entranceways are without significant change in appearance.
(c) 
The requirements of this section shall not be considered satisfied where minor changes or deviations to architectural plans and/or lot location surveys are made for the primary purpose of circumventing the requirements of this section.
(d) 
The different designs proposed by an applicant shall be identified by the applicant as to model, elevation, materials and colors, shall be reviewed and approved by the Planning Board at the time of final approvals. If not available, the Planning Board may condition final subdivision approval on the developer's compliance.
(e) 
In order to insure conformity with the requirements of this section and the final subdivision approval by the Board, at the time application is made for each construction permit for each detached dwelling unit, the developer shall provide a map of the approved final subdivision to the Construction Official with a clear indication of the model and elevation of each dwelling unit for which a construction permit has been issued, or is requested to be issued.
F. 
Private garages and driveways.
(1) 
Each detached dwelling unit shall be provided with a one- or two-car garage.
(2) 
Garages shall be attached to the principal building and shall be considered part of the detached dwelling unit for floor/area ratio calculations; no detached accessory garages shall be permitted.
(3) 
Each driveway leading to the garage shall be at least 20 feet in length, measured between the garage door and the edge of the right-of-way.
(4) 
No driveway on an age-restricted lot shall be located within five feet of any property line, except that the turnaround pavement area providing access to a side-entry garage on a lot with frontage on the bulb of a cul-de-sac may be located within three feet of a property line.
G. 
Area and yard requirements for individual residential lots in an active adult age-restricted housing development.
Principal Building
Minimums
Lot area [1]
4,500 square feet minimum;
6,000 square feet maximum; and
5,000 square feet average [2]
Lot frontage
50 feet
Lot width
50 feet
Side yards
5 feet minimum; total of 12 feet between houses
Front yard
20 feet
Rear yard
20 feet [3][4]
Lot Intensity
Maximums
Detached dwelling garage
45%
Total improvement coverage
60%
Notes:
[1]
No portion of any lot for an active adult age-restricted dwelling unit shall include any freshwater wetlands, 100-year floodplains, or lands with slopes 15% or greater.
[2]
Lots larger than 6,000 square feet in size permitted, but are to be considered 6,000 square feet in size for the purposes of the average lot size calculation.
[3]
Rear yard design elements as described herein below may extend not more than three feet into the minimum required rear yard area, provided that the extensions will only be permitted when privacy walls, landscaped screening and/or fencing is incorporated as part of the overall design of the dwelling unit or where the subject yard abuts a major open space area at least 100 wide along the entire length of the subject lot line.
[a]
First floor design elements: chimneys, window elements, eaves, entranceway elements and similar architectural and foundation projections as approved by the Planning Board, provided that the total length of such extensions is no more than 45% of the linear distance of the subject foundation wall.
[b]
Second floor design elements: chimneys, eaves, bays, cantilevers and windows.
[4]
Side yard design elements as described herein below may extend not more than eight inches into the minimum side yard area.
[a]
First floor design elements: foundation projections for support of wrapping veneer material as approved by the Planning Board, provided that the total length of such extensions is no more than 25% of the linear distance of the aggregate length of foundation wall.
[5]
Decks and patios may be permitted, subject to the approval of the Borough Engineer and Construction Official of the submitted design, which shall include an application, grading plan and all required fees and escrows, subject to the following:
[a]
Decks and patios shall be located in side and/or rear yard areas only, shall be set back at least five feet from all property lines and shall not occupy more than 25% of any side or rear yard area within which the deck or patio is located.
[b]
Decks located off the second floor may only be permitted where the subject yard abuts a major open space area at least 100 feet wide along the entire length of the subject lot line.
[c]
A "patio" shall mean an unroofed ground level surface area adjacent to the principal building and a deck shall mean an unroofed surface area elevated above the ground adjacent to the principal building by not more than two feet.
[d]
Written approval of the homeowners' or condominium association, designated Committee or Board, or designated person shall be required prior to the issuance of a construction permit for a deck or patio.
[6]
Satellite dishes may be permitted, subject to the restrictions and requirements set forth in § 28-10-19.
H. 
Open space requirements.
(1) 
Land equal to a minimum of 20% of the tract of land proposed for an active adult age-restricted housing development shall be specifically set aside for conservation, recreation and/or other open space.
(a) 
Land utilized for street rights-of-way shall not be included as part of the above 20%.
(b) 
Moreover, no more than 1/2 of the minimum 20% land area may be wetlands, wetlands buffer, 100-year floodplains or lands with a topographic slope 20% or greater.
(2) 
Any land proposed and approved by the Planning Board as open space shall be left in its current condition and/or improved to best suit the purpose(s) for which the particular open space is intended.
(3) 
To the extent practicable, individual residential lots shall abut open space.
(4) 
Open space may be offered by deed to Hightstown Borough or dedicated as common open space to a homeowners' association.
(a) 
If the applicant proposes that the open space shall be dedicated to the Borough, then the Planning Board shall forward such request with its recommendation to the Borough Council prior to the granting of preliminary subdivision approval of any development application containing the subject open space.
(b) 
All open space not offered to and/or not accepted by the Borough shall be owned and maintained by a homeowners' association as provided in N.J.S.A. 40:55D-43. Such organization shall not be dissolved nor shall it dispose of any common open space by sale or otherwise.
(5) 
The development shall comply with the Borough's Greenway Plan.
I. 
Required recreational facilities.
(1) 
Each active adult age-restricted housing development shall provide adequate active recreational facilities within the specified open space in order to satisfy the needs of the anticipated residential population of the development. All recreational facilities shall adhere to the standards set forth in the Barrier Free Subcode of the Uniform Construction Code of the State of New Jersey.
(2) 
The following listing and ratios of recreational facilities are recommended as guidelines for the applicant and Planning Board in their evaluation of the adequacy of proposed recreational facilities within an active adult age-restricted housing development, although alternative recreational facilities and ratios thereof may be proposed by the applicant and approved by the Board:
(a) 
One swimming pool shall be provided for the units. The swimming pool shall have a minimum water surface of 1,800 square feet, and a deck/patio equal to an area equivalent to 150% of the water surface area.
(b) 
At least one tennis court shall be provided for each approximately 80 dwelling units.
(c) 
One clubhouse/recreation building, at least 4,000 gross square feet in area, shall be provided to serve any dwelling units, with sufficient adjacent off-street parking as approved by the Planning Board.
(d) 
At least four courts, either bocce and/or shuffleboard courts, shall be provided.
(e) 
A pitch and putt golf course shall be provided.
J. 
Fencing. All fencing shall be as specifically approved by the Planning Board as part of the final site plan approval; additional fencing to be constructed in the future by individual property owners may be approved by the Planning Board only if appropriate restrictions regarding the type, material, height and location of such future fencing is submitted to, and approved by, the Planning Board.
K. 
Signage. Signage for an active adult age-restricted housing development shall be as permitted based on a signage plan approved by the Planning Board as part of preliminary site plan approval.
L. 
Roads and utilities.
(1) 
Roadways shall be a minimum of 28 feet, with curb, green strip and sidewalks (both sides) provided.
(2) 
All utilities shall be installed underground. Approval shall be conditional upon all utilities being available, ready and in place to serve the development.
(3) 
Adequate sanitary sewer and potable water services shall be provided to the project.
(4) 
Any required off-site traffic and circulation improvements shall be addressed in the traffic report to be submitted to the Planning Board as part of the site plan application.
M. 
Affordable housing requirements. The developer shall comply with the Borough's Housing Element and Fair Share Plan as adopted by the Borough and as revised from time to time.
N. 
Other applicable requirements.
(1) 
All other provisions of the Revised General Ordinances not in conflict with the provisions specified herein for the "AA" Active Adult Age-Restricted Housing Zoning District shall apply to any active adult age-restricted housing development, including, but not limited to, site plans prepared in accordance with Article 28-23 and § 26-9-2.
(2) 
Complete copies of all draft documents to be filed with the Department of Community Affairs, under the Planned Real Estate Development Full Disclosure Act, N.J.S.A. 45:22A-35, pertaining to this development shall be filed with the preliminary subdivision application. The actual documents filed with the New Jersey Department of Community Affairs shall be submitted to the Planning Board at the time of final approval or, if not available, shall be required as a condition of final subdivision approval.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. 1-8)]
[1991 Code §§ 233-18, 233-19; Ord. No. 93-852]
A. 
Permitted uses. In the R-PMF Planned Residential-Multifamily District, the following uses, and no others, shall be permitted:
(1) 
Principal uses:
(a) 
Residences.
[1] 
Residences, subject to site plan approval by the Planning Board, which may take the form of:
[a] 
Townhouses, provided that a maximum of three houses may be in a single row.
[b] 
Multifamily buildings, provided that a maximum of four units may be in a single building.
[2] 
Each unit shall be fully distinct and separate from the other and shall have separate living and sleeping and cooking facilities and a separate entrance. Each living unit shall have a portion of the entire development's open space contiguous to it and designed to pertain to that unit. It shall have access to a public street or common driveway serving all such units without passing over any land designated as common land or pertaining to another unit. Such developments shall be designed for private or condominium ownership.
(b) 
All principal uses permitted in the R-1 District, subject to regulations of the R-3 District as contained in § 28-3-7.
(2) 
Accessory uses. Accessory uses shall be the same as those permitted in the R-MF District.
B. 
Other restrictions.
(1) 
Lot area. There shall be a minimum site of 30 acres for each development. The minimum lot area per dwelling unit shall be 1,800 square feet, with a minimum lot width of 18 feet.
(2) 
Density. The number of dwelling units per net residential acre shall not exceed eight.
(3) 
Perimeter setback. There shall be provided a perimeter setback of at least 10 feet from the right-of-way line of a street on which a building fronts and from other lot lines. Building locations shall also comply with Borough requirements for providing adequate sight triangles.
(4) 
Coverage. The maximum percentage of any lot that may be covered by all structures shall not exceed 30%. In the case of a townhouse or other development with separate lots for each dwelling unit, this standard shall apply to the overall development.
(5) 
Building length. No principal building shall exceed a length of 80 feet.
(6) 
Distance between buildings. Between any two buildings, there shall be a distance equal to the average height of such buildings at the points where such buildings are nearest to each other; in all cases a minimum distance of 10 feet shall be maintained between principal buildings and a minimum of 20 feet between a principal and accessory building.
(7) 
Height. No building shall exceed a height of 2 1/2 stories or 45 feet.
(8) 
Parking. There shall be two off-street parking spaces for each dwelling unit.
(9) 
Signs. The regulations for signs shall be the same as in the R-MF District.
(10) 
Sight triangles. The regulations for sight triangles shall be the same as for the R-1 District.
[1991 Code §§ 223-20, 223-21; Ord. No. 93-852; Ord. No. 860; Ord. No. 2013-13; Ord. No. 2019-13; Ord. No. 2025-07, 6-16-2025; Ord. No. 2026-04, 3-12-2026]
A. 
Purpose and intent. The purpose and intent of the DTC, Downtown Core Zoning District, is to create a cohesive mixed use district that allows for incremental change to the historic fabric and character of Hightstown by providing for a wide range of uses for the enjoyment of its citizens and visitors thereto while being supportive of the needs of the business community.
B. 
Permitted uses. In the DTC Downtown Core, the following uses, and no others, shall be permitted:
(1) 
Principal uses:
(a) 
Retail sales and services within a completely enclosed building.
(b) 
Personal and business services within a completely enclosed building.
(c) 
Offices.
(d) 
Public facilities, including public parking facilities.
(e) 
Child-care centers.
(f) 
Bars and taverns.
(g) 
Restaurants and other places to eat and drink, but not including establishments with drive-through facilities.
(h) 
Banks and financial institutions.
(i) 
Newspaper and other publishing facilities.
(j) 
Apartment dwellings above ground-floor non-residential uses.
(k) 
Art galleries and artist studios.
(2) 
Accessory uses and structures:
(a) 
Signs in accordance with Chapter 29.
(b) 
Parking facilities not located in front of the building line.
(c) 
Fences, walls and landscaping.
(d) 
Amusement machines, subject to the licensing and regulation provisions of Chapter 4, General Licensing, Article 4-7, Amusement Machines, of the Code of the Borough of Hightstown.
(e) 
Satellite dishes, subject to the restrictions and requirements set forth in § 28-10-19.
(f) 
Accessory uses and structures customarily incidental and on the same lot as a principal or conditional use.
(3) 
Conditional uses. The following uses shall be permitted when authorized as a conditional use by the Planning Board when meeting their associated criteria:
(a) 
Cannabis retail, subject to the following criteria:
[1] 
Such use shall operate fully within an enclosed building.
[2] 
Excepting emergency egress doors, each entrance and exit, including loading docks doors, shall be designed to prevent interior air from escaping out of doors unless properly treated as required under § 4-13-6G through air locks, negative pressurization or other means of preventing untreated air from exiting the building.
[3] 
All criteria set forth in the licensing regulations at § 4-13-6 shall apply.
C. 
Required use.
(1) 
In order to effectuate the purposes of the Borough of Hightstown's constitutional obligation to provide for affordable housing, any site development of Block 39, Lot 28 (140 Mercer Street) that increases the existing square footage in existence as of June 30, 2025, or is a redevelopment of the site, shall include a mixed use building consisting of a non-residential use fronting on Mercer Street and multi-family residential units.
(a) 
At least 20% of all housing units shall be affordable to low, including very low, and moderate income households as those terms are defined in the Borough's affordable housing regulations, the Uniform Housing Affordability Controls rules (N.J.A.C. 5:80-26.1 et seq.) and the New Jersey Fair Housing Act (N.J.S.A. 52:27D-301 et seq.).
(b) 
Notwithstanding any other provision herein, the maximum height shall be four stories and 55 feet.
(c) 
The required number of parking spaces on-site shall be one for each studio or one-bedroom unit, one and one-half space for each two-bedroom unit and two spaces for each three-bedroom unit. Non-residential spaces shall be as otherwise required herein.
D. 
Other restrictions.
(1) 
Lot area. A lot area of not less than two thousand (2,000) square feet shall be required.
(2) 
Lot width. A lot width of not less than twenty (20) feet shall be required.
(3) 
Lot depth. A lot depth of not less than fifty (50) feet shall be required.
(4) 
Front yard. None shall be required, except that building locations shall comply with Borough requirements for providing adequate sight distance at street and driveway intersections.
(5) 
Side yards. None shall be required, except that building locations shall comply with Borough requirements for providing adequate sight distance at street and driveway intersections.
(6) 
Rear yard; principal buildings. There shall be a rear yard not less than ten (10) feet deep.
(7) 
Rear yard; accessory buildings. There shall be a rear yard not less than three (3) feet deep behind accessory buildings.
(8) 
Height. The maximum height shall be three (3) stories or fifty-five (55) feet.
(9) 
Coverage. No building shall cover more than ninety percent (90%) of the lot area.
(10) 
Parking. Parking shall be provided in accordance with § 28-10-11. Parking is not required for individual uses situated within three hundred (300) feet of a public facility or designated private parking facility subject, however, to demonstration that the facility has adequate parking to accommodate the individual use while maintaining sufficient parking for existing uses already utilizing the parking facility.
(11) 
Signs. Signs for individual business establishments shall be permitted in accordance with Chapter 29.
E. 
Additional requirements.
(1) 
Sight triangles. The regulations for adequate sight distances at street and driveway intersections shall be in accordance with § 28-10-9.
(2) 
Residential district buffer. For lots which adjoin a residential district, a buffer area of at least ten (10) feet shall be provided, and the buffer area shall be landscaped to provide for continuous, year-round visual screening of the property. The buffer area may contain a fence provided said fence is in accordance with § 28-10-4. The fence shall be provided only to supplement necessary landscaping.
[1991 Code §§ 233-24, 233-25; Ord. No. 93-852; Ord. No. 860; Ord. No. 2013-13; Ord. No. 2014-16; Ord. No. 2019-15; Ord. No. 2023-20, 12-18-2023; Ord. No. 2025-07, 6-16-2025; Ord. No. 2025-19, 12-15-2025; Ord. No. 2026-04, 3-12-2026]
A. 
Permitted uses. In the HC Highway Commercial District, the following uses, and no others, shall be permitted:
(1) 
Principal uses.
(a) 
Any principal use permitted in the DTC Downtown Core.
(b) 
Retailing and service establishments with incidental outdoor operations.
(c) 
Movie theater, bowling alley, gymnasiums, tennis centers, roller skating rinks and similar recreational and cultural facilities conducted within an enclosed building.
(d) 
Lumber yards.
(e) 
Heating oil distribution facilities.
(f) 
Motor vehicle body and repair shops, subject to the conditions of § 28-10-13.
(2) 
Accessory uses and structures.
(a) 
Off-street parking and loading facilities.
(b) 
Private garages and storage buildings.
(c) 
Fences, walls and landscaping.
(d) 
Amusement machines: as permitted in the DTC Downtown Core District.
(e) 
Satellite dishes, subject to the restrictions and requirements set forth in § 28-10-19.
(f) 
Signs in accordance with Chapter 29.
(g) 
Accessory uses and structures customarily incidental to and on the same lot as a principal or conditional use.
(3) 
Conditional uses. The following uses shall be permitted when authorized as a conditional use by the Planning Board when meeting their associated criteria:
(a) 
Cannabis cultivation, manufacturing, wholesaling, distribution or retail, subject to the following criteria:
[1] 
With the exception of cannabis retail, such use or uses shall be located on a tract of land comprising at least 10 contiguous acres. The vertically integrated operation of cannabis cultivation and cannabis manufacturing shall be permitted on the same tract of land.
[2] 
Such use shall operate fully within an enclosed building.
[3] 
Excepting emergency egress doors, each entrance and exit, including loading docks doors, shall be designed to prevent interior air from escaping out of doors unless properly treated as required under § 4-13-6G through air locks, negative pressurization or other means of preventing untreated air from exiting the building.
[4] 
All criteria set forth in the licensing regulations at § 4-13-6 shall apply.
(b) 
Subject to approval of the State Cannabis Regulatory Commission, nothing herein shall prohibit multiple licensees within each permitted class from operating simultaneously on the same tract of land, provided that each licensee otherwise satisfies the conditional use criterion herein and any requirements of the state with respect to the co-location of cannabis businesses on the same tract of land or within the same building.
B. 
Other restrictions.
(1) 
Lot area. A lot area of not less than 20,000 square feet shall be required.
(2) 
Lot width. A lot width of not less than 100 feet shall be required.
(3) 
Lot depth. A lot depth of not less than 200 feet is required.
(4) 
Front yard. No portion of any building shall be located nearer to any street line that 25 feet, except that projections such as window sills, cornices, cantilevered roofs, open one-story porches, balconies, other roof overhangs, canopies, bay windows and others of the same nature may project not more than five feet into a required front yard. In addition, no building erected on any lot need be set back farther from the street line that the average alignment of existing buildings within 200 feet on each side of the lot and within the same block front and district; however, regardless of the alignment of neighboring buildings, no building erected between two existing buildings on immediately adjacent lots need be set back farther than that of the two buildings which is farther from the street line.
(5) 
Perimeter setback. A setback of 25 feet from all lot lines other than street lines is required.
(6) 
Height. The maximum height shall be 2.5 stories, not to exceed 35 feet.
(7) 
Lot coverage. The total lot coverage of all buildings shall not exceed 30% of the gross lot area, and total lot coverage of all buildings, structures and other lot improvements shall not exceed 70% of the gross lot area.
(8) 
Parking. See § 28-10-11, Off-Street parking and off-street loading facilities.
(9) 
Signs.
(a) 
Freestanding signs shall be permitted for all permitted uses, provided that:
[1] 
There shall be no more than one sign for each street, other than a residential service street, on which the use fronts.
[2] 
The total area of such signs shall not exceed 75 square feet, nor shall they exceed a height of 55 feet.
[3] 
All bare incandescent light sources (neon lights shall not be considered as such) and immediately adjacent reflecting surfaces shall be shielded from view. Flashing, moving, intermittently illuminated advertising devices shall be prohibited.
(b) 
Signs for individual business establishments in designed shopping centers shall be permitted in addition to the center's sign, provided that:
[1] 
The total area of all signs shall not exceed two square feet for each foot of building frontage; the maximum shall not exceed 40 square feet.
[2] 
No sign shall exceed two feet in height.
[3] 
Such sign shall be applied flat against a wall and shall not project beyond the side or top of the wall to which it is affixed nor more than eight inches in front of such wall.
[4] 
All bare incandescent light sources (neon lights shall not be considered as such) and immediately adjacent reflecting surfaces shall be shielded from view; flashing, moving, intermittently illuminated signs, reflection signs or signs painted in luminous materials that glow in the dark and advertising devices shall be prohibited.
[5] 
Not more than one sign shall be permitted for each tenant on the premises on each wall fronting on a street.
(10) 
Sight triangles. The regulations for sight triangles shall be the same as for the R-1 District.
(11) 
Landscaping and buffers. All portions of lots not used for buildings, parking or other improvements shall be suitably landscaped with lawns, shrubs and/or trees. Lot lines which abut residential uses or residential district lines shall provide a landscape buffer strip at least 10 feet in width, and the buffer strip shall be suitably landscaped to provide a continuous, year-round, visual screening of the property. The buffer area may contain a fence provided in accordance with § 28-10-5, but the fence shall be provided to only supplement necessary landscaping. A landscaped strip at least five feet in width shall be provided along all street right-of-way lines as a setback for parking of motor vehicles. The landscape strip and any adjoining landscape area of the right-of-way shall be landscaped with suitable shrubbery not exceeding 30 inches in height, street trees and other suitable landscaping improvements.
C. 
Required use.
(1) 
In order to effectuate the purposes of the Borough of Hightstown's constitutional obligation to provide for affordable housing, any site development of Block 61.01, Lots 39, 41-43 (397-415 Mercer Street) that increases the existing square footage in existence as of June 30, 2025, or is a redevelopment of the site, shall include a mixed use building consisting of a non-residential use fronting on Mercer Street and multi- family residential units.
(a) 
At least 20% of all housing units shall be affordable to low, including very low, and moderate income households as those terms are defined in the Borough's affordable housing regulations, the Uniform Housing Affordability Controls rules (N.J.A.C. 5:80-26.1 et seq.) and the New Jersey Fair Housing Act (N.J.S.A. 52:27D-301 et seq.).
(b) 
The maximum residential density shall be 18 units per acre.
(c) 
Notwithstanding any other provision herein, the maximum height shall be four stories and 55 feet.
(d) 
The required number of parking spaces shall be one for each studio or one- bedroom unit, one and one-half space for each two-bedroom unit and two for each three-bedroom unit. Non-residential spaces shall be as otherwise required herein.
[1]
Editor's Note: Former § 28-3-14 was created by Ord. No. 93-852 and repealed by Ord. No. 2019-13 and all subsequent subsections renumbered accordingly.
[1991 Code §§ 233-22, 233-23; Ord. No. 93-852; Ord. No. 2003-25; Ord. No. 2019-14; Ord. No. 2019-15; Ord. No. 2025-07, 6-16-2025]
The purpose and intent is to eliminate the R-PO Residential Professional Office District and to establish a new district known as the DTG Downtown Gateway.
A. 
Permitted uses. In the DTG Downtown Gateway, the following uses, and no others, shall be permitted:
(1) 
Principal uses.
(a) 
Detached single-family dwellings or duplex.
(b) 
Restaurants and other places to eat and drink, but not including establishments with drive-throughs.
(c) 
Retail sales and services within a completely enclosed building.
(d) 
Personal and business services within a completely enclosed building.
(e) 
Performing arts companies.
(f) 
Offices.
(g) 
Child-care centers.
(h) 
Tutoring centers.
(i) 
Financial institutions.
(j) 
Apartment dwellings as upper floor use or rear part of buildings containing adjacent and/or above principal uses.
(k) 
Art galleries and artist studios.
(2) 
Accessory uses and structures.
(a) 
Carports, accessory garages and/or open parking spaces with necessary driveways for vehicles belonging to residents on the premises and their guests.
(b) 
Noncommercial solariums and home swimming pools, provided that suitable protective fencing for swimming pools are in accordance with § 28-10-6.
(c) 
Signs in accordance with Chapter 29.
(d) 
Fences, walls and landscaping in accordance with § 28-10-5 as they pertain to residential districts.
(e) 
Subject to lot coverage requirements, no more than two storage sheds are permitted on a lot in accordance with § 28-10-5.
(f) 
Satellite dishes, subject to the restrictions and requirements set forth in § 28-10-19.
(g) 
Accessory uses and structures customarily incidental and on the same lot as a principal or conditional use.
(3) 
Conditional uses. The following uses shall be permitted when authorized as a conditional use by the Planning Board when meeting their associated criteria:
(a) 
Cannabis retail, subject to the following criteria:
[1] 
Such use shall operate fully within an enclosed building.
[2] 
Excepting emergency egress doors, each entrance and exit, including loading docks doors, shall be designed to prevent interior air from escaping out of doors unless properly treated as required under § 4-13-6G through air locks, negative pressurization or other means of preventing untreated air from exiting the building.
[3] 
All criteria set forth in the licensing regulations at § 4-13-6 shall apply.
B. 
Other restrictions.
(1) 
No existing houses/buildings shall be structurally altered in a manner that is visible to the public domain without an architectural review. Any facade renovations or new construction that is visible to the public should be consistent with the character of the surrounding neighborhood.
(2) 
Area, yard, and other standards for residential use shall conform to R-4 Residential District requirements.
(3) 
Height. The maximum height shall be 2.5 stories, and not to exceed 35 feet.
(4) 
Lot coverage. The total lot coverage of all structures and site improvements shall not exceed 80%.
(5) 
Side yard. A minimum side yard of 10 feet shall be provided for each side yard.
(6) 
Rear yard. The minimum rear yard shall be 20 feet.
(7) 
Landscaping and buffers. All portions of the lot not used for building, parking or other site improvements shall be suitably landscaped with lawn, shrubs, trees, etc. Lot lines which abut lots with residential use or residential zone lines shall provide a landscape buffer strip at least five feet in width and the buffer strip shall be suitably landscaped to provide a continuous year-round visual screening of the property. The buffer area may contain a fence provided said fence is in accordance with § 28-10-5.
(8) 
Lot access. Vehicular access serving professional office uses established or expanded under this article on the south side of Franklin Street shall be prohibited to and/or from Clinton Street or Cole Avenue. Existing vehicular access to Clinton Street and Cole Avenue serving existing residential or professional office uses may be continued.
(9) 
Parking. See § 28-10-11, Off-Street Parking and Off-Street Loading Facilities. Parking is not required for individual uses situated within 300 feet of a public facility or designated private parking facility subject, however, to demonstration that the facility has adequate parking to accommodate the individual use.
(10) 
Signs. As permitted by § 29-1-17 of the Revised Borough Ordinances and in accordance with a signage plan submitted as part of a site plan application.
(11) 
Sight triangles. Sight triangles shall be provided in accordance with § 28-10-9.
[Ord. No. 93-852; Ord. No. 2013-13; Ord. No. 2019-15; Ord. No. 2025-07, 6-16-2025]
A. 
Permitted uses.
(1) 
Permitted principal uses.
(a) 
Scientific and research laboratories.
(b) 
Warehousing and storage of products within a completely enclosed building, but not to include toxic or hazardous materials.
(c) 
Computer centers.
(d) 
Pharmaceutical operations, nonmanufacturing.
(e) 
Business and professional offices.
(f) 
Day-care centers.
(2) 
Permitted accessory uses.
(a) 
Off-street parking and loading facilities.
(b) 
Cafeterias or other similar food service facilities located within a building and operated for the exclusive use of site occupants.
(c) 
Recreational facilities.
(d) 
Assembly rooms for meetings associated with the site business use.
(e) 
Incidental motor freight operations such as deliveries, but not to include motor freight terminals.
(f) 
Satellite dishes, subject to the restrictions and requirements set forth in § 28-10-19.
(g) 
Accessory uses and structures customarily incidental to and on the same lot as a principal or conditional use.
(h) 
Signs in accordance with Chapter 29.
(3) 
Conditional uses. The following uses shall be permitted when authorized as a conditional use by the Planning Board when meeting their associated criteria:
(a) 
Cannabis retail, subject to the following criteria:
[1] 
Such use shall operate fully within an enclosed building.
[2] 
Excepting emergency egress doors, each entrance and exit, including loading docks doors, shall be designed to prevent interior air from escaping out of doors unless properly treated as required under § 4-13-6G through air locks, negative pressurization or other means of preventing untreated air from exiting the building.
[3] 
All criteria set forth in the licensing regulations at § 4-13-6 shall apply.
B. 
Other restrictions.
(1) 
Lot area. A lot area of not less than four acres shall be required.
(2) 
Lot width. A lot width of not less than 100 feet shall be required.
(3) 
Front yard setback. No portion of any building shall be located nearer to any street line than 100 feet.
(4) 
Side yard setback. There shall be two side yards, each with a width of at least 50 feet.
(5) 
Rear yard setback. There shall be a rear yard not less than 50 feet deep. In the case of a lot extending through from street to street, the front yard requirement shall be observed on both streets.
(6) 
Maximum floor area ratio. Maximum floor area ratio shall be 30% for all uses, except that the portion of use devoted to storage and warehousing may be calculated at 40%.
(7) 
Lot coverage. 20% by buildings with a maximum total impervious coverage of 50%.
(8) 
Building height. Three stories, with a maximum height of 45 feet.
(9) 
Landscaping and buffers. All portions of lots not used for buildings or other site improvements shall be suitably landscaped with lawns, trees, shrubbery, etc. All preserved critical land areas shall be left in their natural state and suitably buffered. Portions of lots which adjoin any residential zone shall provide a fifty-foot landscaped buffer screen area, which is to be improved with a variety of landscaping to provide for a year-round screen visually separating the site from the adjacent residential zoned properties. The buffer area may contain landscaped berms and suitable fencing, but the fencing shall be only incorporated to supplement required landscaping.
(10) 
Parking requirements. As provided in § 28-10-11.
(11) 
Off-street loading requirements. As required in § 28-10-11.[1]
[1]
Editor's Note: Former § 28-3-17, PED Planned Economic Development District, adopted by Ord. No. 93-852, as amended by Ord. No. 2003-25; Ord. No. 2008-17; Ord. No. 2013-13; and Ord. No. 2019-15, which immediately followed this section, was repealed by Ord. No. 2025-07, 6-16-2025.