[Amended 12-14-1981 by Ord. No. 21-81; 11-12-1984 by Ord. No. 18-84; 2-8-1993 by Ord. No. 3-93; 4-12-1999 by Ord. No. 5-99; 9-11-2000 by Ord. No. 14-2000; 5-23-2005 by Ord. No. 05-18; 4-26-2010 by Ord. No. 10-09; 7-12-2010 by Ord. No. 10-10; 8-9-2010 by Ord. No. 10-20; 11-24-2014 by Ord. No. 14-09[1]]
[1]
Editor's Note: A complete copy of this ordinance with the map referenced and made a part thereof (as stated in the ordinance preamble) delineating the Gateway Overlay District is on file in the Borough offices.
Principal permitted uses on land and in buildings in the M-1 District shall be as follows:
A. 
Public purpose uses.
B. 
Laboratories of an experimental, research, development or testing nature which carry on processes within completely enclosed buildings and which do not produce noticeable noise, vibration, smoke, dust, odors, heat, glare or hazardous or toxic waste or materials.
C. 
Light manufacturing and assembly or treatment of products from previously prepared materials, including art, metal, and architectural fabrication, but excluding the synthesis and/or storage of chemical or flammable products.
D. 
Retail trade and retail services, excluding sales, distribution, and storage of chemicals, flammable materials and fuel products, and excluding drive-throughs.
E. 
Offices, including general offices, contractor's offices, medical offices, and professional offices.
F. 
Restaurants and eating and drinking establishments, non-drive-through.
G. 
Art galleries.
H. 
Personal services.
I. 
Recreational instruction.
J. 
Indoor commercial recreation/fitness club.
K. 
Business services.
L. 
Mixed-use buildings comprised of any of the above permitted uses.
[Amended 6-22-2015 by Ord. No. 15-09]
A. 
Wireless communications facilities as a conditional use in accordance with Article XVI.
B. 
Apartments on upper floors of buildings with permitted nonresidential uses in accordance with the following standards:
(1) 
Properties shall have frontage on Summit Avenue or Watchung Avenue.
(2) 
No rooms intended for human habitation shall be located in an attic.
(3) 
A maximum of six total units shall be permitted in each structure on upper floors above permitted ground level nonresidential uses.
(4) 
No individual building footprint shall exceed 6,000 square feet.
(5) 
The development shall comply with the affordable housing set-aside requirement set forth at § 69-4 of this Code.
[Amended 10-24-2016 by Ord. No. 16-11]
C. 
Auto repair/mechanical repair shops as a conditional use in accordance with the following standards:
(1) 
Auto repair/mechanical repair shops shall have access via Commerce Street.
(2) 
Repairs and services shall take place within a principal structure. All minor repairs and services are permitted to take place outdoors.
(3) 
The walls of the principal structure shall be at least 15 feet from the side and rear property lines.
(4) 
All exit and entrance drives shall be at least five feet from any adjoining property line.
(5) 
Any fuel or air pump and filler pipe, or other similar equipment, shall be located 20 feet from any property line.
(6) 
No sale, leasing or rental of any vehicles shall be permitted.
(7) 
Permitted outdoor storage shall be limited to valid registered light-duty vehicles awaiting repairs; provided that those vehicles shall be parked or stored on surfaced areas, including concrete, asphalt or stone, and shall not hinder or obstruct access to dispensers, bays, service areas, site circulation and access and shall be in accordance with an approved site plan. No vehicle shall be kept outdoors overnight, on jacks, stands or lifts.
(8) 
Such uses that are located less than 100 feet from a residential zone, as measured from the perimeter of the lot line, shall be closed between the hours of 10:00 p.m. and 6:00 a.m.
(9) 
No other use shall be permitted on the same lot.
A. 
Off-street parking that serves a principal use or uses on the lot.
B. 
Fences. (See § 165-77.)
C. 
Signs. (See Article XIII.)
D. 
Garages, storage buildings and toolsheds only upon specific approval of the Planning or Zoning Board during site plan review.
E. 
Awnings and canopies, provided they do not extend more than three feet into any required setback.
F. 
Outdoor storage of materials in accordance with the standards in § 165-32.
G. 
Accessory uses that are customary and incidental to principal permitted uses.
A. 
Principal permitted uses.
(1) 
Public purpose uses.
(2) 
Indoor commercial recreation/fitness club.
(3) 
Moving businesses, including indoor storage related to the principal use.
B. 
Accessory uses.
(1) 
Off-street parking that serves a principal use or uses on the lot.
(2) 
Fences. (See § 165-77.)
(3) 
Signs. (See Article XIII.)
(4) 
Garages, storage buildings and toolsheds only upon specific approval of the Planning or Zoning Board during site plan review.
(5) 
Accessory uses that are customary and incidental to principal permitted uses.
Principal permitted uses on land and in buildings in the M-3 District shall be as follows:
A. 
Public purpose uses.
B. 
Laboratories of an experimental, research or testing nature which carry on processes within completely enclosed buildings and which do not produce noticeable noise, vibration, smoke, dust, odors, heat, glare or hazardous or toxic waste or materials.
C. 
Light manufacturing and assembly or treatment of products from previously prepared materials, including art fabrication, but excluding the synthesis and/or storage of chemical or flammable products which do not produce noticeable noise, vibration, smoke, dust, odors, heat, glare or hazardous or toxic waste or materials.
D. 
Retail trade and retail services, excluding sales, distribution, and storage of chemicals, flammable materials, and fuel products, and excluding drive-throughs.
E. 
Offices, including general offices, contractor's offices, medical offices and professional offices.
F. 
Two-family residences in accordance with the bulk and design standards in the R-4 District.
G. 
Restaurants and eating and drinking establishments, non-drive-through.
H. 
Apartments on upper floors of buildings with permitted nonresidential uses occupying the first/ground floor level. The standards in § 165-32 shall apply to these uses.
I. 
Art galleries.
J. 
Personal services.
K. 
Recreational instruction.
L. 
Indoor commercial recreation/fitness club.
M. 
Business services.
N. 
Financial institutions, including banks, non-drive-through.
O. 
Mixed-use buildings comprised of any of the above permitted uses.
[Amended 6-22-2015 by Ord. No. 15-09]
A. 
Wireless communications facilities as a conditional use in accordance with Article XVI.
B. 
Multifamily residential as a conditional use in accordance with the following standards:
(1) 
The site shall be located outside of the Gateway Overlay District, contain a minimum of 20,000 square feet, and be located on the southeastern side of River Road (the Passaic River side of the M-3 District along River Road).
(2) 
Adequate off-street parking is provided in accordance with the standards in § 168-82, or, in instances where waivers from the RSIS parking standards are requested, documentation should be provided by a parking expert regarding the adequacy of the proposed parking supply and proposed management of parking resources to serve the proposed use as outlined in § 165-163C.
(3) 
No rooms intended for human habitation shall be located in an attic.
(4) 
The development shall comply with the affordable housing set-aside requirement set forth at § 69-4 of this Code.
[Amended 10-24-2016 by Ord. No. 16-11]
(5) 
Parking structures shall be integrated into principal structures. The exterior of any parking level(s) shall be composed primarily of brick or other masonry materials and shall contain at least sixty-percent solid wall area, including architectural details to integrate parking into the overall development.
(6) 
The reviewing Board may allow an increase in height to three stories and up to 45 feet where two of the four following conditions are satisfied:
(a) 
In cases where such property contains Passaic River frontage, a conservation easement shall be dedicated to the Borough sufficient to accommodate a trail along the Passaic River;
(b) 
At least 2/3 of the parking shall be located underground and/or contained within the principal structure;
(c) 
The project shall be designed to meet LEED Silver certification standards under LEED Homes, LEED Neighborhood Development or LEED Building Design and Construction in accordance with the scoring system put forth by the United States Green Building Council, or utilize similar techniques that are designed to reduce consumption of energy, water and/or sewer demand; and/or
(d) 
Provision of a shuttle bus/jitney to New Jersey Transit station(s) coinciding with weekday morning and evening peak-hour train schedules.
C. 
Outdoor dining per § 165-145.
D. 
Banks in accordance with the conditions in § 165-144 except that drive-through structures and lanes shall not be visible from any public street.
A. 
Off-street parking that serves a principal use or uses on the lot.
B. 
Fences. (See § 165-77.)
C. 
Signs. (See Article XIII.)
D. 
Garages, storage buildings and toolsheds only upon specific approval of the Planning Board during site plan review.
E. 
Awnings and canopies, provided they do not extend more than three feet into any required setback.
F. 
Charitable clothing bins located in the rear of properties only, not visible from public rights-of-way or adjacent residential properties, provided that nothing herein shall affect the authority of the Borough to regulate charitable clothing bins pursuant to N.J.S.A. 40:48-2.60 et seq. and § 199-14.
G. 
Outdoor storage of materials in accordance with the standards in § 165-32.
H. 
Accessory uses that are customary and incidental to principal permitted uses.
A. 
Permitted uses.
[Amended 6-22-2015 by Ord. No. 15-09]
(1) 
Permitted ground floor uses: retail sales and service (non-drive-through), restaurants and eating and drinking establishments (non-drive-through), boutique hotel, performing arts venue, theater, art galleries, personal services, offices (general and professional office) with less than 3,000 square feet of floor area, and recreational instruction.
(2) 
Permitted upper floor uses: commercial; office; apartments; live/work artist lofts; institutional/educational use not to exceed 15% of gross floor area; performing arts venue; boutique hotel; theater; art galleries.
(3) 
Townhouse development behind permitted uses fronting River Road or Watchung Avenue, in accordance with the standards of the AFD-2 District as outlined in Article VIII of the Chatham Borough Land Development Ordinance;
(4) 
Multifamily development (on all floors), whether attached to one another horizontally, vertically, or by some combination of the two, shall be permitted, including age-restricted multifamily development.
B. 
Permitted accessory uses.
[Amended 6-22-2015 by Ord. No. 15-09]
(1) 
Uses that are customarily incidental and accessory to the principal use.
C. 
Affordable housing requirement. Any residential development shall comply with the affordable housing set-aside requirement set forth at § 69-4 of this Code.
[Amended 6-22-2015 by Ord. No. 15-09; 10-24-2016 by Ord. No. 16-11]
D. 
Area, height, and bulk requirements.
(1) 
Minimum lot area: 30,000 square feet.
(2) 
Minimum and maximum height/stories:
(a) 
Maximum height: three stories/35 feet without incentives.
(b) 
Based on incentives specified in this section, the reviewing Board may allow a fourth story and a maximum height of 48 feet.
(c) 
Enclosed below-grade parking levels shall not count as a story if the exposure of the parking level at the street line (exclusive of any entrance or exit to the parking) is less than four feet as measured from the proposed grade plane to the underside of the structure of the floor above.
(d) 
Minimum height shall be two stories along all public street frontages.
(3) 
Required yards (setbacks).
(a) 
Minimum yards (setbacks): minimum front yard setback of 10 feet and maximum front yard setback of 20 feet; other yards in accordance with the M District standards.
(b) 
Building separation: 20 feet minimum if structures are three stories or less and 30 feet if over three stories.
(c) 
Any story above the second story shall be set back an additional eight feet from River Road or Watchung Avenue.
(4) 
Maximum impervious coverage: 85%.
(5) 
Incentives/height bonus: The reviewing Board may grant an increase in height of one additional story where two of the four following conditions are satisfied:
(a) 
In cases where such property contains Passaic River frontage, a conservation easement shall be dedicated to the Borough sufficient to accommodate a trail along the Passaic River;
(b) 
Provision of at least 75% of the required parking below grade and/or in a structure that is wrapped along public street frontages with permitted ground floor uses;
(c) 
The project shall be designed to meet LEED Silver certification standards under LEED Homes, LEED Neighborhood Development or LEED Building Design and Construction in accordance with the scoring system put forth by the United States Green Building Council, or utilize similar techniques that are designed to reduce consumption of energy, water and/or sewer demand; and/or
(d) 
Provision of a shuttle bus/jitney to New Jersey Transit station(s) coinciding with weekday morning and evening peak-hour train schedules.
E. 
Gateway Overlay design standards.
(1) 
Applicability. These standards and guidelines shall be applicable to any project requiring subdivision, variance, and/or site plan approval. The design standards and guidelines shall be applied concomitantly with the applicable use and bulk regulations of the district, as well as with other standards within this chapter. The general requirements of § 165-32 and the design standards in § 165-32.1 shall apply, along with the standards in this section. Where the standards conflict, the more restrictive requirement shall govern.
(2) 
Modifications and exceptions. Modifications or exceptions to the design guidelines and standards contained in this section may be approved by the Board, provided the applicant has met the criteria for exceptions pursuant to N.J.S.A. 40:55D-51, and can provide testimony that the resulting change will conform to all of the following: satisfy the purpose and intent of this section; enhance the development plan; and enhance the streetscape and neighborhood.
(3) 
Gateway design standards.
(a) 
Context, continuity, massing and scale.
[1] 
In cases where there is no consistent pattern of streetscape or buildings abutting a development application or where that pattern is inconsistent with these guidelines, the applicant is encouraged to view its application as an opportunity to establish the future context for the area.
[2] 
Buildings located at the borders or edges of the district shall mark the transition into and out of the district in a distinct fashion, using massing, height extensions, contrasting materials and/or architectural embellishments to obtain this effect.
[3] 
Focal points, or points of visual termination, shall generally be occupied by structures with distinctive architectural treatments. Applicants may also submit plans in which building voids or natural features, such as a plaza or a park, act as points of visual termination.
[4] 
The layout, materials and details used in the treatment of exterior spaces shall be selected to enhance their immediate surroundings. Exterior spaces shall be functional and provide visual and/or physical amenities for their users, including, but not limited to, textured paving, landscaping, lighting, street trees, benches, bicycle racks, trash receptacles and other items of street furniture, as appropriate.
[5] 
When development consists of multiple structures, buildings shall be oriented around open space, courtyard or similar landscape/streetscape elements with the overall design preserving existing trees, vegetation and grades to the maximum extent possible.
[6] 
A minimum of two principal buildings per tract is required for properties with two or more acres.
[7] 
Buildings' principal orientation shall be towards and relate to public streets, both functionally and visually. Buildings shall not be oriented to front parking lots.
[8] 
In a sequence of structures along a street, the spacing between them (sidewall to sidewall) is an important element in defining the observer's perception of rhythm. New structures shall reflect the existing rhythm, or, in the absence of a clear rhythm, shall better define it. In new development, a sequence of structures shall seek to establish a spacing rhythm that is related to the scale of the individual buildings, their height, the composition of the facade, and the width of the street.
[9] 
All buildings are required to incorporate frequent vertical and horizontal articulation through slight variations in build-to-lines, incorporation of front entries and porches, variations in roof pitch, careful selection of materials, the use of windowed projections, and similar architectural treatments to improve the visual appearance of the buildings. Vertical articulations shall be provided at least every 30 feet along all facades that exceed 60 feet in length or width.
(b) 
Building orientation and architectural treatment.
[1] 
A diversity of architectural styles adds interest to a streetscape or district. No particular architectural style is preferred outside of local historic districts, and both contemporary contributions and reinterpretations of older architectural styles with a contemporary flavor may be acceptable. However, a diversity of appearance in facades shall be counterbalanced with continuity in massing, wall line, verticality, and spacing.
[2] 
In rehabilitations of older buildings in the district, distinctive stylistic features or characteristic examples of skilled craftsmanship shall be treated with sensitivity. If deteriorated, these architectural features shall be restored rather than replaced, wherever possible. In the event replacement is necessary, the new material shall match that being replaced in composition, design, color, texture and other visual qualities, to the maximum extent possible.
(c) 
Multiple uses, ground floor retail emphasis, and/or storefronts.
[1] 
Storefronts, display windows and other ground floor openings shall be accentuated through fenestration and architectural treatment. Storefronts shall maintain consistency with upper floors in terms of composition, materials, style and detailing.
[2] 
Ground floor display windows shall be oriented to the public street rather than designed with an inward, internal orientation.
[3] 
Retail sales and service uses shall have large pane display windows on the ground level. Such windows shall be framed by the surrounding wall.
[4] 
The maximum size of a ground floor retail trade, retail service or food service establishment shall not exceed 6,500 square feet of gross floor area.
[5] 
Solid metal security gates or solid roll-down metal windows are prohibited.
(d) 
Fenestration.
[1] 
Fenestration shall be architecturally compatible with the style, materials, colors and detail of a building. Windows shall be vertically proportioned wherever possible. To the extent possible, the location of windows on the upper stories of a building shall be vertically aligned with the location of windows and doors on the ground level, including storefronts or display windows.
[2] 
In buildings designed in an architectural style that normally has windows with muntins or divided lights, these shall be required, and they must be externally attached on both sides on the ground floor level.
[3] 
Windows shall be required at ground floor level with total fenestration at ground level a minimum of 60% along all exposed facades.
(e) 
Materials, colors, roofs and building details.
[1] 
All building facades shall be treated as front facades.
[2] 
The selection of building design elements, such as materials, color and texture, should be compatible with the building's style and with those details that prevail in the Borough. Exterior building materials shall be selected to convey a sense of dignity and permanence to the building. Natural materials and natural colors are preferred except in cases where architectural style dictates a more varied color scheme. Clapboard siding, cedar shingles, Hardie plank, stone, or brick shall be the primary exterior material.
[3] 
The use of metal or glazed curtain walls, Dryvit panels, mirrored and/or heavily tinted glass, plastic panels, thin veneers, exposed concrete block, aluminum or vinyl siding or other artificial materials as exterior building materials are prohibited.
[4] 
The type, shape, pitch, texture and color of a roof shall be considered as an integral part of the design of a building and shall be architecturally compatible with the building's style, materials, colors and details. Flat roofs are permitted on buildings of a minimum of two stories in height, provided all visibly exposed walls have an articulated cornice that projects out horizontally from the vertical building wall plane. Hip or gable roofs are permitted where appropriate to the building type and compatible with the surrounding area. Other types of roofs are permitted if appropriate to the building's architecture.
[5] 
Architectural embellishments that add visual interest to roofs, such as dormers, belvederes, masonry chimneys, cupolas, clock towers and other similar elements are encouraged, provided they are architecturally compatible with the building.
[6] 
Green or vegetative roofs are strongly encouraged as is the incorporation of any type of rooftop landscaping features.
[7] 
Awnings and canopies. Fixed or retractable awnings are permitted at ground floor level, and on upper levels where appropriate, provided they complement a building's architectural style, are compatible with its materials, colors and details, and are not internally illuminated. Canvas is the preferred material, although other waterproofed fabrics may be considered. Metal, aluminum, or vinyl awnings, as well as waterfall-type awnings, are prohibited. Awnings shall not be placed so as to conceal any significant architectural feature or detail, and particular attention shall be taken with selection of the appropriate supporting structure and hardware, as well as with the location and method by which it is attached to the building facade. Ground-mounted supports are prohibited. In buildings with multiple storefronts, compatible awnings should be used as a means of unifying the structure.
(f) 
Parking and access.
[1] 
Site plans shall balance the functional requirements of parking with the provision of pedestrian amenities. Transition areas between parking and commercial or residential uses shall be designed with textured paving, appropriate pedestrian walkways and crosswalk treatment, landscaping and street furniture to clearly demarcate pedestrian flows and to protect pedestrian safety.
[2] 
Parking lot layout and orientation of parking with respect to proposed buildings shall reflect pedestrian needs, accessibility, and safety.
[3] 
Parking lot layout, landscaping, buffering and screening shall prevent direct views of parked vehicles by the public, minimize spill-over light, glare, noise or exhaust fumes onto adjacent properties, in particular residential properties, and provide the parking area with a reasonable measure of shade.
[4] 
The interior of all parking lots shall be landscaped to provide shade and visual relief. A minimum of one deciduous shade tree shall be planted for every 10 parking spaces.
(g) 
Streetscape elements, lighting, walls and fences, signage and utilities.
[1] 
Elements of street furniture, such as benches, waste containers, planters, bicycle racks and bollards should be carefully selected to ensure compatibility with the character of the area and the site. Consistency in the location of the various elements of street furniture is critical, for maximum effect and functional usage.
[2] 
Walkway design, including sidewalks, shall promote pedestrian activity and safety within each site and throughout the district; walkways shall be separate and distinct from motor vehicle circulation, provide a pleasant route for users, and promote pedestrian safety. Walkways shall be constructed of brick, slate, colored/textured concrete pavers or slabs, or some combination thereof that is compatible with the style, materials, colors and details of the surrounding buildings.
[3] 
Lighting fixtures shall be compatible with the building's style and shall be concealed through shielding or installed behind features to eliminate glare and spillage.
[4] 
Pedestrian-scaled lights shall be provided along public street frontages and along interior pedestrian pathways. No freestanding lights in parking areas (base plus pole) shall exceed 16 feet in height. Pedestrian lighting shall not exceed 12 feet tall (base plus pole).
[5] 
No fences or gates across access drives shall be permitted. Fencing along the perimeter of rear and side yards shall not exceed six feet in height. Walls and fences shall be made of durable materials, and shall be compatible in style, materials and color with buildings. Brick walls with a stone or cast-stone cap are encouraged. Board-on-board-type wooden fences, with reinforced corners and entrance poles, are permitted in rear and side yards only. Chain-link, split-rail, highway-style guardrail, stockade or contemporary security fencing such as barbed wire or razor wire is prohibited. Landscaping and creative use of materials are encouraged to improve the appearance of walls.
[6] 
Master signage plans are required per § 165-104. Signs affixed to the exterior of a building shall be architecturally compatible with the style, composition, materials, colors and details of the building. Signs shall not interfere with door and window openings, conceal any architectural details or obscure the composition of the facade where they are located. Wood and painted metal are the preferred materials for signs. Sign colors should be limited in number and compatible with the colors of the building facade and of nearby signs. Internally illuminated signs, including backlit channel lettering affixed directly to a building facade, are discouraged.
[7] 
Loading areas and their driveways shall be effectively screened from adjacent properties and from the public right-of-way through a combination of walls, fences and landscaping. Screening and landscaping shall also mitigate spillover glare, noise or exhaust fumes generated by loading activities.
[8] 
All utilities (water, sewer, electric, phone, etc.) shall be located underground.
F. 
Additional site plan/subdivision submission requirements. In addition to the site plan, subdivision and variance checklist requirements, the following additional materials are required to be submitted at the time of initial application submission.
(1) 
Traffic impact statement per § 165-163B.
(2) 
In cases where parking variances or RSIS waivers are requested, or where requested by the reviewing Board, a parking management report per § 165-163C.
(3) 
In addition to scaled elevations of all sides of all proposed buildings with proposed details on materials, fenestration, colors, and facade treatments, applicants shall prepare photo simulations of the proposed development in context and to scale as viewed from public streets and other likely viewing locations.
(4) 
Community impact assessment that analyzes projected population and employment and impacts on schools, emergency services, water/sewer demand, and other key community services based on the likely demographics of the proposed project. This analysis shall be prepared by a licensed planner and be based on accepted community impact assessment methods.
Bulk requirements for the M-1, M-2 and M-3 Districts shall be as follows:
M-1 District
M-2 District
M-3 District
Maximum Height
Stories (maximum)
2.5
2.5
2.5
Stories (minimum)
2.0
None
2.0
Feet
35
40
35
Principal building minimum
Lot area
5,000 square feet
5 acres
5,000 square feet
Side yards (each) (feet)
102
252
102
Front yards (feet)
10
100
10
Rear yard buffer1 (feet)
15
25
15
Accessory structures
Minimum side yard (feet)
5
15
5
Minimum rear yard (feet)
10
15
10
Maximum height (feet)
15
15
15
Total Development Maximum
Lot coverage (percent)
80%
20%
75%
NOTES:
1
Buffers are required along all lot lines between M Zones and residential zoning districts (except where said lot lines coincide with existing railroad rights-of-way) and all lot lines/properties in the M Zones that abut the Passaic River. Required buffers shall consist of screening with a minimum width of 15 feet; there shall be no debris, structures, parking or storage permitted in the buffer area. All buffers shall be planted and maintained with native plantings, trees, shrubs and plant material at least five feet in height at time of planting. Depending on the location, a fence may also be required.
2
Whenever a lot developed with nonresidential uses in the M-1 or M-3 Districts abuts a residential district (except when adjoining lot lines coincide with existing railroad rights-of-way), all buildings shall be set back at least 25 feet from the residential district boundary line. In the M-2 District, this setback shall be at least 35 feet.
Relief from the following standards shall be in accordance with N.J.S.A. 40:55D-70c of the Municipal Land Use Law.
A. 
Any lot may contain more than one principal building, provided that all land coverage requirements of the chapter are met. Buildings shall be no closer than 15 feet to one another.
B. 
Outdoor storage of merchandise, equipment, products and materials relating to any business or industrial operation is permitted, subject to the following regulations:
(1) 
There shall be no outdoor storage in any required front yard or side yard.
(2) 
Any outdoor storage shall be contained and screened by fencing (no vinyl or chain-link fencing permitted in any storage area visible from any public street, adjacent residential property, or public open space) or any combination of fencing, landscaped walls and plantings on any side which adjoins or faces a residential district or public street. The height of said fencing and screening shall be equal to or greater than the height of the material stored, but not greater than six feet, and the height of the material so stored shall not exceed six feet.
(3) 
The area devoted to outdoor storage shall not exceed 50% of the yard in which it is located.
(4) 
Articles and materials so stored shall be kept in an orderly manner at all times and shall not include any discarded or abandoned articles or materials.
C. 
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 purpose with no blank walls and with architectural elements from the front facade continued around all visible sides of a building. Building wall and roofline offsets shall be incorporated to minimize the effect of a single, long wall and single, long roof.
D. 
All areas not utilized for buildings, parking, loading, access aisles and driveways or pedestrian walkways shall be suitably landscaped with native trees, shrubs, hedges, ground covers, and/or grasses and shall be maintained in good condition.
E. 
Shade trees shall be provided along each side of all streets, public or private access drives, existing or proposed. Existing trees shall be preserved and protected, to the maximum extent feasible. Shade trees shall have a minimum caliper of 2.5 inches at time of planting and a maximum spacing of 40 feet on center.
F. 
Any structure on a roof, including mechanical equipment and other appurtenances shall be screened from view in a manner consistent with the building's architecture. Ground-mounted HVAC or other mechanical systems shall be suitably screened with architectural walls, fencing, and/or landscaping.
G. 
No individual ground floor retail, restaurant, eating and drinking, or personal service establishment shall exceed 6,500 square feet of gross floor area.
H. 
The principal orientation of any building shall be towards and relate to public streets; buildings shall not be oriented to front parking lots.
I. 
Loading areas and their access drives shall be effectively screened from adjacent properties and from public streets through a combination of walls, fences, and landscaping.
J. 
Parking areas shall be located within buildings and to the rear of buildings and are not permitted in any front yard. The visual impact of parking areas to adjacent properties and to public streets should be minimized.
K. 
Parking structures shall be integrated into principal structures. The exterior of any parking level(s) shall be composed primarily of brick or other masonry materials and shall contain at least sixty-percent solid wall area, including architectural details and incorporation of commercial uses to functionally and aesthetically integrate parking into the overall development.
L. 
Off-street parking shall be provided in accordance with the RSIS requirements and the standards in §§ 165-25 and 165-82.
M. 
An adequate screened and enclosed area shall be provided for on-site storage of solid waste.
Modifications or exceptions to the design guidelines and standards contained in this section may be approved by the Board, provided the applicant has met the criteria for exceptions pursuant to N.J.S.A. 40:55D-51, and can provide testimony that the resulting change will conform to all of the following: satisfy the purpose and intent of this section; enhance the development plan; and, enhance the streetscape and neighborhood.
A. 
Development plans should be evaluated in relation to the surrounding context, including incorporation of design features to implement the streetscape and neighborhood vision outlined in the 2014 Master Plan Amendment. Pedestrian accessibility and the human scale shall be emphasized through architectural elements, building setbacks, vertical and horizontal variations/projections, front entrances accessible from public streets, incorporation of street trees, and other development features.
B. 
The use of sustainable site design and green building techniques is encouraged, including the use of porous paving systems, as reviewed and approved by the Borough Engineer in accordance with the New Jersey Stormwater Best Management Practices Manual. In considering variance requests for impervious coverage, the Board should consider efforts to incorporate porous pavement.
C. 
Shared access connections between adjacent properties are encouraged to facilitate access and to minimize the need for new curb cuts.
D. 
A landscape plan identifying proposed plantings shall be prepared by a certified landscape architect.
The reviewing Board may consider permitting a full third story for mixed-use buildings in the M-1 District only in cases where all standards in §§ 165-32 and 165-32.1 are met and the conditional use standards for mixed-use buildings are adequately addressed in a cohesive design.
Each nonresidential activity exceeding 10,000 square feet of gross floor area shall provide one off-street loading and unloading space with adequate ingress and egress from streets. Each space shall be at least 15 feet by 40 feet.
A. 
The off-street parking standards in §§ 165-25 and 165-82 shall be met for specific uses identified. In addition, the following additional minimum off-street parking standards apply:
(1) 
All parking for residential uses shall be in accordance with the RSIS.
(2) 
Storage uses: one space per 1,000 square feet of gross floor area.
(3) 
Light manufacturing/assembly: one space per 1,000 square feet of gross floor area.
(4) 
For uses with no specific parking standard, the applicant may present and the reviewing Board/entity may accept a standard based on the most recent ITE Parking Generation guidance or another generally accepted source.
(5) 
In addition to the required calculated parking based on proposed use(s), one space for every vehicle owned and/or operated by the use operating from the site shall be provided.
B. 
Shared parking. A shared parking arrangement between compatible uses on the same or different properties with complementary peak parking demand periods may be acceptable, provided that documentation is provided by a parking expert that analyzes the feasibility of the proposed shared parking based on an analysis of the specific uses, the proximity of the proposed parking to each use, the peak usage periods of each use and of the combined usage of the lot, and lot capacity to address peak parking demand. A written contractual arrangement shall be secured for a minimum two-year period with a renewable option between parties.
C. 
See § 165-82 for additional standards; mixed-use developments shall meet the applicable standards for residential and nonresidential development, with the strictest standard applying in instances where such standards conflict.
[Added 12-13-2021 by Ord. No. 21-22]
A. 
Purpose: The Borough adopts this section to advance the following objectives:
(1) 
To find ways for a developed community to balance "legitimate zoning and planning objectives" with the need and constitutional obligation to provide affordable housing.
(2) 
To attempt to channel affordable housing in the areas of the Borough that are best suited to accommodate affordable housing.
(3) 
To address its affordable housing unmet need obligation, the Borough shall implement a Gateway Overlay Ordinance that creates an opportunity for housing in the Borough that is affordable to very-low-, low- and moderate-income households. This section establishes the Gateway Affordable Housing Overlay 1 District (GAHO-1) Zone, and permits the creation of multifamily housing within the GAHO-1 provided that such housing complies with a required inclusionary set-aside requirement and with the requirements of this section.
B. 
Location. The Gateway Affordable Housing Overlay 1 District (GAHO-1) is applicable to blocks/lots in the M-3 Zoning District as follows:
Block
Lot(s)
135
1, 2, 3, 4, 5, 6, 7, 8
136
1, 2, 3, 4, 5, 6
137
1, 2, 3, 4, 5
138
1, 2, 3, 4, 5, 6, 7
139
1, 2, 3, 4, 5, 6, 7
140
1, 2, 3, 4, 5, 6, 7.01, 7.02, 8, 9, 10, 17
C. 
Permitted uses. The following uses shall be permitted in the Gateway Affordable Housing Overlay 1 District (GAHO-1):
(1) 
Mixed-use development including inclusionary multifamily residential units provided:
(a) 
The minimum affordable housing set-aside is met;
(b) 
All affordable housing units produced comply with the Borough's Affordable Housing Ordinance.[1]
[1]
Editor's Note: See Ch. 69, Affordable Housing.
(c) 
Uses permitted to be mixed with multifamily residential units may include the following:
[1] 
Art galleries.
[2] 
Artisan workshop.
[3] 
Brewery.
[4] 
Brewpub.
[5] 
Business services.
[6] 
Child-care centers.
[7] 
Community center.
[8] 
Convenience store.
[9] 
Financial institutions, including banks.
[10] 
Indoor commercial recreation/fitness club.
[11] 
Live/work lofts.
[12] 
Museum.
[13] 
Office.
[14] 
Personal services.
[15] 
Public open space.
[16] 
Public purpose use.
[17] 
Recreational instruction.
[18] 
Restaurants.
[19] 
Retail services.
[20] 
Retail trade.
[21] 
Theater.
(2) 
Inclusionary multifamily dwellings provided:
(a) 
The minimum affordable housing set-aside is met;
(b) 
All affordable housing units produced comply with the Borough's Affordable Housing Ordinance.[2]
[2]
Editor's Note: See Ch. 69, Affordable Housing.
D. 
Accessory uses permitted. The following accessory uses and structures shall be permitted in the GAHO-1 District provided they are located on the same premises as the principal use or structure to which they are accessory and are located in the rear yard:
(1) 
Accessory uses on the same lot with and customarily incidental to any of the above permitted uses.
(2) 
Surface parking area and garages.
(3) 
Outdoor drinking and eating establishments.
(4) 
Roof deck.
E. 
Development standards.
(1) 
Minimum lot area: 15,000 square feet (may be met by multiple contiguous parcels).
(2) 
Maximum density: 35 du/acre.
(3) 
Minimum front yard setback: 10 feet.
(4) 
Maximum front yard setback: 20 feet.
(5) 
Minimum side yard setback: 10 feet.
(6) 
Minimum rear yard setback: 15 feet.
(7) 
Maximum height: 54 feet.
(8) 
Maximum stories: four stories.
(9) 
Maximum impervious coverage: 85%.
(10) 
Maximum building coverage: 75%.
(11) 
Front-loaded townhouses are prohibited.
(12) 
Building design.
(a) 
The third story is set back a minimum of 10 feet from any facade facing a public right-of-way or is adjacent to a single-family residence of the building.
(b) 
Rooftop appurtenances including architectural features such as spires, cupolas, domes, and belfries, are permitted to exceed the listed maximum height, as long as they are uninhabited, their highest points are no more than 15 feet above the maximum overall height of the building, and as long as the total area enclosed by the outer edges of the appurtenances, measured at the maximum overall height of the building, does not exceed 15% of the total horizontal roof area of the building.
(c) 
Stairs and elevator penthouses that project above the maximum overall height of the building shall count toward the 15% allowance. Equipment screens which project above the maximum overall height of the building shall also count toward the above 15% allowance.
(d) 
Mechanical equipment shall be set back from all building facades by at least 10 feet and screened.
(e) 
Parapet walls are permitted up to five feet in height, as measured from the maximum height limit, or finished level of roof. A guardrail with a surface of at least 70% open or with opacity of not more than 30% (as viewed in elevation) shall be permitted above a parapet wall or within two feet of a parapet wall, provided that such guardrail is not more than four feet in height. Such restriction on guardrail height shall not apply when located beyond two feet from a parapet wall, in which case the guardrail shall be exempt from parapet height requirements.
(13) 
Affordable housing.
(a) 
All developments with a residential component will deliver an on-site affordable housing set-aside of 15% for rental units and 20% for for-sale units.
(b) 
All affordable units created shall fully comply with the Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.1 et seq. ("UHAC"), including but not limited to the required bedroom and income distribution, with the sole exception that 13% of the affordable units within each bedroom distribution shall be required to be restricted for very-low-income households earning 30% or less of the median income pursuant to the Fair Housing Act, N.J.S.A. 52:27D-301 et seq. ("FHA").
(c) 
In the event the number of affordable housing units to be provided includes a fraction, the number shall be rounded up if the fractional amount is 0.5 or greater and rounded down if the fractional amount is less than 0.5. The developer shall either provide the affordable unit or provide a payment in lieu of constructing affordable units for the fraction of a unit less than 0.5. The payment in lieu shall be based on the amounts established in § 69-4D of the Borough's Code.
(d) 
At least 50% of the affordable units within each bedroom distribution shall be affordable to low-income households, inclusive of the at least 13% of units affordable to very-low-income households.
(e) 
The very-low-income affordable units shall be proportionately distributed within each bedroom distribution. In a family non-age-restricted development, at no time shall the number of one-bedroom very-low-income units exceed the number of three-bedroom very-low-income units.
(f) 
Affordable units shall be integrated with the market-rate units, and the affordable units shall not be concentrated in separate building(s) or in separate area(s) or floor(s) from the market-rate units. In buildings with multiple dwelling units, this shall mean that the affordable units shall be generally distributed within each building with market-rate units. The affordable units shall also be of the same type as the market-rate units (e.g., if the market-rate units are non-age-restricted family units, the affordable units shall be non-age-restricted family units as well). The residents of the affordable units shall have full and equal access to all of the entryways, amenities, common areas, and recreation areas and facilities as the residents of the market-rate units.
(g) 
Affordable units shall be subject to affordability controls of at least 30 years from the date of initial occupancy and affordable deed restrictions as otherwise provided for by UHAC, with the sole exception that very-low income shall be defined as at or below 30% of median income pursuant to the Fair Housing Act, and the affordability controls shall remain unless and until the municipality, in its sole discretion, takes action to extend or release the unit from such controls after at least 30 years.
(h) 
Construction of the affordable and market units shall be phased in compliance with N.J.A.C. 5:93-5.6(d).
(i) 
Affordable units shall be affirmatively marketed in accordance with UHAC, the Borough's affirmative marketing plan, and applicable law. The affirmative marketing shall include posting of all affordable units on the New Jersey Housing Resource Center website in accordance with applicable law.
[Added 12-13-2021 by Ord. No. 21-23]
A. 
Purpose: The Borough adopts this section to advance the following objectives:
(1) 
To find ways for a developed community to balance "legitimate zoning and planning objectives" with the need and constitutional obligation to provide affordable housing.
(2) 
To attempt to channel affordable housing in the areas of the Borough that are best suited to accommodate affordable housing.
(3) 
To address its affordable housing unmet need obligation, the Borough shall implement a Gateway Overlay Ordinance that creates an opportunity for housing in the Borough that is affordable to very-low-, low- and moderate-income households. This section establishes the Gateway Affordable Housing Overlay 1 District (GAHO-1) Zone, and permits the creation of multifamily housing within the GAHO-1 provided that such housing complies with a required inclusionary set-aside requirement and with the requirements of this section.
B. 
Location. The Gateway Affordable Housing Overlay 2 District (GAHO-2) is applicable to blocks/lots in the M-3 Zoning District as follows:
Block
Lot(s)
140
11, 12, 12.01, 13, 14, 15, 16
C. 
Permitted uses. The following uses shall be permitted in the Gateway Affordable Housing Overlay 2 District (GAHO-2):
(1) 
Mixed-use development including inclusionary multifamily residential units provided:
(a) 
The minimum affordable housing set-aside is met;
(b) 
All affordable housing units produced comply with the Borough's Affordable Housing Ordinance.[1]
[1]
Editor's Note: See Ch. 69, Affordable Housing.
(c) 
Uses permitted to be mixed with multifamily residential units may include the following:
[1] 
Art galleries.
[2] 
Artisan workshop.
[3] 
Brewery.
[4] 
Brewpub.
[5] 
Business services.
[6] 
Child-care centers.
[7] 
Community center.
[8] 
Convenience store.
[9] 
Financial institutions, including banks.
[10] 
Indoor commercial recreation/fitness club.
[11] 
Live/work lofts.
[12] 
Museum.
[13] 
Office.
[14] 
Personal services.
[15] 
Public open space.
[16] 
Public purpose use.
[17] 
Recreational instruction.
[18] 
Restaurants.
[19] 
Retail services.
[20] 
Retail trade.
[21] 
Theater.
(2) 
Inclusionary multifamily dwellings provided:
(a) 
The minimum affordable housing set-aside is met;
(b) 
All affordable housing units produced comply with the Borough's Affordable Housing Ordinance.[2]
[2]
Editor's Note: See Ch. 69, Affordable Housing.
D. 
Accessory uses permitted. The following accessory uses and structures shall be permitted in the GAHO-2 District provided they are located on the same premises as the principal use or structure to which they are accessory and are located in the rear yard:
(1) 
Accessory uses on the same lot with and customarily incidental to any of the above permitted uses.
(2) 
Surface parking area and garages.
(3) 
Outdoor drinking and eating establishments.
(4) 
Roof deck.
E. 
Development standards.
(1) 
Minimum lot area: 15,000 square feet (may be met by multiple contiguous parcels).
(2) 
Maximum density: 18 du/acre.
(3) 
Minimum front yard setback: 10 feet.
(4) 
Maximum front yard setback: 20 feet.
(5) 
Minimum side yard setback: 10 feet.
(6) 
Minimum rear yard setback: 15 feet.
(7) 
Maximum height: 54 feet.
(8) 
Maximum stories: four stories.
(9) 
Maximum impervious coverage: 85%.
(10) 
Maximum building coverage: 75%.
(11) 
Front-loaded townhouses are prohibited.
(12) 
Building design.
(a) 
The third story is set back a minimum of 10 feet from any facade facing a public right-of-way or is adjacent to a single-family residence of the building.
(b) 
Rooftop appurtenances including architectural features such as spires, cupolas, domes, and belfries, are permitted to exceed the listed maximum height, as long as they are uninhabited, their highest points are no more than 15 feet above the maximum overall height of the building, and as long as the total area enclosed by the outer edges of the appurtenances, measured at the maximum overall height of the building, does not exceed 15% of the total horizontal roof area of the building.
(c) 
Stairs and elevator penthouses that project above the maximum overall height of the building shall count toward the 15% allowance. Equipment screens which project above the maximum overall height of the building shall also count toward the above 15% allowance.
(d) 
Mechanical equipment shall be set back from all building facades by at least 10 feet and screened.
(e) 
Parapet walls are permitted up to five feet in height, as measured from the maximum height limit, or finished level of roof. A guardrail with a surface of at least 70% open or with opacity of not more than 30% (as viewed in elevation) shall be permitted above a parapet wall or within two feet of a parapet wall, provided that such guardrail is not more than four feet in height. Such restriction on guardrail height shall not apply when located beyond two feet from a parapet wall, in which case the guardrail shall be exempt from parapet height requirements.
(13) 
Affordable housing.
(a) 
All developments with a residential component will deliver an on-site affordable housing set-aside of 15% for rental units and 20% for for-sale units.
(b) 
All affordable units created shall fully comply with the Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.1 et seq. ("UHAC"), including but not limited to the required bedroom and income distribution, with the sole exception that 13% of the affordable units within each bedroom distribution shall be required to be restricted for very-low-income households earning 30% or less of the median income pursuant to the Fair Housing Act, N.J.S.A. 52:27D-301 et seq. ("FHA").
(c) 
In the event the number of affordable housing units to be provided includes a fraction, the number shall be rounded up if the fractional amount is 0.5 or greater and rounded down if the fractional amount is less than 0.5. The developer shall either provide the affordable unit or provide a payment in lieu of constructing affordable units for the fraction of a unit less than 0.5. The payment in lieu shall be based on the amounts established in § 69-4D of the Borough's Code.
(d) 
At least 50% of the affordable units within each bedroom distribution shall be affordable to low-income households, inclusive of the at least 13% of units affordable to very-low-income households.
(e) 
The very-low-income affordable units shall be proportionately distributed within each bedroom distribution. In a family non-age-restricted development, at no time shall the number of one-bedroom very-low-income units exceed the number of three-bedroom very-low-income units.
(f) 
Affordable units shall be integrated with the market-rate units, and the affordable units shall not be concentrated in separate building(s) or in separate area(s) or floor(s) from the market-rate units. In buildings with multiple dwelling units, this shall mean that the affordable units shall be generally distributed within each building with market-rate units. The affordable units shall also be of the same type as the market-rate units (e.g., if the market-rate units are non-age-restricted family units, the affordable units shall be non-age-restricted family units as well). The residents of the affordable units shall have full and equal access to all of the entryways, amenities, common areas, and recreation areas and facilities as the residents of the market-rate units.
(g) 
Affordable units shall be subject to affordability controls of at least 30 years from the date of initial occupancy and affordable deed restrictions as otherwise provided for by UHAC, with the sole exception that very-low income shall be defined as at or below 30% of median income pursuant to the Fair Housing Act, and the affordability controls shall remain unless and until the municipality, in its sole discretion, takes action to extend or release the unit from such controls after at least 30 years.
(h) 
Construction of the affordable and market units shall be phased in compliance with N.J.A.C. 5:93-5.6(d).
(i) 
Affordable units shall be affirmatively marketed in accordance with UHAC, the Borough's affirmative marketing plan, and applicable law. The affirmative marketing shall include posting of all affordable units on the New Jersey Housing Resource Center website in accordance with applicable law.