A.
This article establishes the uses permitted in each zone and the
conditions and standards for those uses.
B.
All uses permitted in this article shall also be subject to the standards
and requirements established elsewhere in this chapter.
C.
This article is not inclusive of standards for redevelopment or rehabilitation
areas. Standards for redevelopment areas are contained in their respective
redevelopment or rehabilitation plans, which are standalone documents
on file with the City Clerk, except where those plans refer back to
the Zoning Ordinance.
A.
Permitted use matrixes. The matrixes in Insert 1 and Insert 2[1] identify the uses permitted in each zoning district as
permitted as-of-right, permitted as-of-right with supplemental standards,
conditionally permitted, or permitted as accessory uses.
(1)
Uses permitted in residential zone districts. Uses permitted
in the residential zone districts (R-50 to R-100; R-2 and 2B; R-3,
3A, and -3B; and R-4) are identified in Insert 1.
(2)
Uses permitted in nonresidential zone districts. Uses permitted
in nonresidential zone districts (B Business Zones, M Industrial Zones,
and others) are identified in Insert 2.
(3)
Any use which is not specifically identified in Insert 1 or
Insert 2 as a principal permitted use, a principal permitted use with
supplemental standards, or a conditional use, is prohibited.
(4)
In addition to uses which are not identified as permitted in Insert 1 or Insert 2, any use listed at Article X, Prohibited Uses in All Zoning Districts, is a prohibited use.
(5)
Any accessory use which is customarily incidental and subordinate
to a principal use is presumed to be permitted, regardless of whether
it is specifically listed in Insert 1 or Insert 2. The omission of
any accessory use from the lists in Insert 1 or Insert 2 is not necessarily
a prohibition thereof, provided that the accessory use in question
can be found to be customarily subordinate and incidental to the principal
use. Any use that is not customarily subordinate and incidental to
the principal use is legally a principal use.
(6)
No use listed in Insert 1 or Insert 2 shall be presumed to include
uses associated with recreational or medicinal cannabis. Any permitted
cannabis establishment will be specifically listed as such.
[1]
Editor's Note: Inserts 1 and 2 are included as attachments to this chapter.
B.
Consistency with definitions. In addition to any standards established in this article for uses, all uses shall be required to be consistent with applicable definitions in § 175-2.2. Deviations from definitions may require variance relief consistent with either N.J.S.A. 40:55D-70.c or N.J.S.A. 40:55D-70.d.
C.
Number of uses. Unless otherwise provided within this article, there
shall not be more than one principal use on any property within a
Residential (R) Zoning District on a single lot, property, or tract.
A.
All uses permitted by right in Insert 1[1] shall be subject to the bulk and yard standards in this section, except where supplemental or conditional use standards in Article VIII and/or applicable standards at Article XII apply.
[1]
Editor's Note: Insert 1 is included as an attachment to this chapter.
B.
Impervious coverage in front yards. Driveways paved in the front
of any one- or two-family dwelling use within an R District shall
not be wider than 20 feet, nor shall more than 50% of the total front
yard area may be covered by impervious surfaces including driveways
and walkways.
C.
The minimum height of a one- or two-family dwelling shall be 1 1/2
stories but not less than 15 feet.
D.
The required front yard setback for one- and two-family dwellings,
if more than 50% of the common street frontage of a block is developed,
shall be the same as the average front yard setbacks of the existing
dwellings facing the common street of said block, but in no case less
than the minimum required by this schedule.
E.
Even where the required side yard is zero feet, a minimum side yard
of six feet shall be required where a proposed development will not
share a wall with a building on an adjacent lot.
A.
All uses permitted by right in Insert 2[1] shall be subject to the bulk and yard standards in this section, except where supplemental or conditional use standards in Article VIII and/or general requirements or requirements for nonresidential districts at Article XII apply.
[1]
Editor's Note: Insert 2 is included as an attachment to this chapter.
B.
In the B-1 and B-2 Districts, there is no side yard required between
buildings containing nonresidential uses, mixed uses, or multifamily
dwelling uses; however, if a side yard is to be provided between buildings,
it shall be no less than six feet wide to ensure that adequate light
and air is accessible through side-facing windows.
C.
Any building or structure devoted to a mixture of commercial and/or
office or residential uses shall be designed so that those floors
containing such commercial and/or office use shall adhere to all area
and bulk regulations applicable to those uses. All portions of such
buildings devoted to residential use shall meet all area and bulk
regulations applicable to a residential structure.
Any development on a property located within the boundaries of the Inclusionary Overlay Zoning District (IO-1, or its sub-zones IO-1A, 1B, or 1C) shall be subject to a 10% affordable housing set-aside requirement consistent with the requirements of that overlay zone (see § 175-9.1), regardless of whether the development is intended to comply with the standards of the Overlay Zoning District or the underlying districts.
A.
Example: A new residential or mixed-use development consisting of
10 or more residential units on a property located in the B-1 District
as well as in the IO-1A overlay zone shall be required to set aside
10% of all units for low- and moderate-income households regardless
of whether the developer intended to develop the property in a manner
consistent with the B-1 District or the IO-1A Overlay Zone District.
B.
Such affordable units shall also be consistent with any other applicable
state or municipal affordable housing requirements.
