The schedule of uses of all zoning districts shall be as shown on the current Schedule of Uses and Requirements[1]included as an attachment and made part of this chapter shown on the reverse side of the Zoning Map of the Borough of Hillsdale.[2] Said Schedule of Uses and all notations and references thereon are hereby incorporated herein and declared to be a part of this chapter.
A. 
Schedule amendments.
(1) 
The Schedule of Uses and Requirements shall be amended as follows:
[Added 9-4-2018 by Ord. No. 18-09]
Permitted Floor Area Ratio in the R-1 Zone shall be 22%.
Permitted Floor Area Ratio in the R-2 Zone shall be 27%.
Permitted Floor Area Ratio in the R-3 Zone shall be 30%.
Permitted Floor Area Ratio in the R-4 Zone shall be 35%.
Building Height in all R-1 zone shall be 35 feet.
Building Height in all R-2 zone shall be 35 feet.
Building Height in all R-3 zone shall be 35 feet.
Building Height in all R-4 zone shall be 33 feet.
[1]
Editor's Note: The Schedule of Uses and Requirements is on file in the Borough offices and is included as an attachment to this chapter.
[2]
Editor's Note: The Zoning Map is included as an attachment to this chapter.
[Added 6-12-2018 by Ord. No. 18-12]
A. 
Principal permitted uses.
(1) 
Professional offices.
(2) 
Retail businesses and personal service establishments in accordance with the Commercial (C) District.
(3) 
Offices, banks, and fiduciary institutions.
(4) 
Restaurants, except drive-in and drive-thru restaurants.
(5) 
Medical and dental offices.
(6) 
Multi-family housing above the ground floor.
(7) 
Any combination of the above permitted uses.
B. 
Permitted accessory uses.
(1) 
Surface parking, limited to the rear of the building.
(2) 
Signs.
(3) 
Fences and walls.
(4) 
Outdoor dining.
C. 
Bulk requirements.
(1) 
Building heights (maximum) - 3 stories and 40 feet.
(2) 
Building Coverage (maximum) - 65%.
(3) 
Lot Area (minimum) - 2 acres.
(4) 
Front yard (minimum) - 10 feet.
(5) 
Front yard (maximum) - 15 feet.
(6) 
Side yard (minimum) - 25 feet.
(7) 
Rear yard (minimum) - 25 feet.
(8) 
Impervious coverage (maximum) - 80%.
(9) 
Residential density (maximum) - 20 units per acre.
(10) 
Retaining walls, sidewalks, walkways, fences, above-ground and underground utilities shall be permitted within the setbacks.
D. 
Landscaping.
(1) 
Any areas not paved shall be landscaped with a mix of deciduous and evergreen trees and low ground cover.
(2) 
Parking areas with more than 20 spaces require one landscaped island for every 15 parking spaces, planted with trees and low ground cover.
(3) 
A landscaped buffer of dense evergreen plantings no less than six feet in height and five feet in depth, and/or a six-foot-tall board-on-board fence shall be required on all lot lines to adjacent residential uses or zones and shall be used to screen off-street parking.
E. 
Lighting — Subject to § 310-110. Lighting shall not exceed 0.2 footcandles at any property line.
F. 
Refuse — Subject to § 310-109. Refuse and recycling must be located either interior to a building in a designated refuse storage area, or located in a side or rear yard setback area, no closer than 10 feet to any adjacent lot line, enclosed on all four sides, and screened using wood fencing or other attractive material.
G. 
Architectural Requirements.
(1) 
The architectural treatment of the front facade shall be continued in its major features around all visibly exposed sides of a building. All sides of a building facing a public street shall be architecturally designed to be consistent with regard to style, materials, colors and details.
(2) 
Fenestration shall be architecturally compatible with the style, materials, colors and details of the building. Windows shall be vertically proportioned.
(3) 
All entrances to a building shall be defined and articulated by architectural elements such as lintels, pediments, pilasters, columns, porticoes, porches, overhangs, railings, etc.
(4) 
All rooftop mechanical equipment, inclusive of solar equipment, shall be screened from view from all vantage points at grade or below the roof.
(5) 
Buildings shall avoid long, monotonous, uninterrupted walls or roof planes. Building wall offsets, including projections such as canopies and recesses shall be used in order to add architectural interest and variety and to relieve the visual effect of a simple, long wall. Similarly, in the case of a pitched roof, roofline offsets, dormers or gables shall be provided in order to provide architectural interest and variety to the massing of a building and to relieve the effect of a single, long roof.
(6) 
The maximum spacing between building wall offsets shall be 50 feet.
(7) 
The minimum projection or depth of any individual vertical offset shall be 1.5 feet.
(8) 
The maximum spacing between roof offsets shall be 50 feet.
(9) 
All ground-level retail and service uses that face a public space shall have clear glass on at least 60% of their facades between two and eight feet above grade.
H. 
Multi-family residential standards.
(1) 
Residential units shall have the following minimum unit sizes:
(a) 
One-bedroom — 700 square feet
(b) 
Two-bedroom — 850 square feet
(c) 
Three-bedroom — 1,100 square feet
(2) 
A maximum of 20% of the market-rate units may be three-bedroom units.
I. 
Affordable housing requirements.
(1) 
If the residential units are rental, 15% of the units shall be reserved for affordable households. If the units are for-sale, 20% of the units shall be reserved for affordable households.
(2) 
The affordable units shall have a minimum 30-year deed restriction. Any such affordable units shall comply with UHAC, applicable COAH affordable housing regulations, the Fair Housing Act, any applicable order of the Court, and other applicable laws.
(3) 
The units shall meet the bedroom distribution required by the Uniform Housing Affordability Controls.
(4) 
The units shall meet the low/moderate income split required by the Uniform Housing Affordability Controls and provide at least 13% of the units as very-low-income units as mandated by the Fair Housing Act.
(5) 
The developer shall be responsible for retaining a qualified Administrative Agent at the developer's sole cost and expense for the lifetime of the deed restriction. This shall include the initial rental/sale of the unit and the ongoing compliance. The developer shall utilize the Borough's Administrative Agent or a Borough-approved equivalent.
(6) 
The affordable units shall be family affordable units.
(7) 
The developer shall be responsible for paying the required development fees as outlined by the Statewide Non-Residential Development Fee Act applicable to the non-residential portion of the development.
(8) 
Development shall comply with Chapter 310, Article XXXIII Affordable Housing Regulations.
[Added 6-12-2018 by Ord. No. 18-13]
A. 
Principal permitted uses.
(1) 
Professional Offices.
(2) 
Retail businesses and personal service establishments in accordance with the Commercial (C) District.
(3) 
Offices, banks, and fiduciary institutions.
(4) 
Restaurants, except drive-in and drive-thru restaurants.
(5) 
Medical and dental offices.
(6) 
Multi-family housing above the ground floor.
(7) 
Any combination of the above permitted uses.
B. 
Permitted accessory uses.
(1) 
Surface parking, limited to the rear of the building.
(2) 
Signs.
(3) 
Fences and walls.
(4) 
Outdoor dining.
C. 
Bulk requirements.
(1) 
Building heights (maximum) - 3 stories and 40 feet.
(2) 
Building Coverage (maximum) - 70%.
(3) 
Lot Area (minimum) - 30,000 square feet.
(4) 
Lot Frontage and width (minimum) - 100 feet.
(5) 
Front yard (minimum) - 5 feet.
(6) 
Front yard (maximum) - 15 feet.
(7) 
Side yard (minimum) - 5 feet.
(8) 
Rear yard (minimum) - 25 feet.
(9) 
Impervious coverage (maximum) — 90%.
(10) 
Residential density (maximum) - 20 units per acre.
(11) 
Retaining walls, sidewalks, walkways, fences, above-ground and underground utilities shall be permitted within the setbacks.
D. 
General requirements.
(1) 
Multiple principle structures shall be permitted on a single site.
(2) 
Buildings shall be at least 20 feet apart.
(3) 
All street frontages, regardless of building orientation, shall be treated as front yards with regard to setback requirements and parking prohibitions.
E. 
Landscaping.
(1) 
Any areas not paved shall be landscaped with a mix of deciduous and evergreen trees and low ground cover.
(2) 
Parking areas with more than 20 spaces require one landscaped island for every 15 parking spaces, planted with trees and low ground cover.
(3) 
A landscaped buffer of dense evergreen plantings no less than six feet in height and five feet in depth, and/or a six-foot-tall board-on-board fence shall be required on all lot lines to adjacent residential uses or zones and shall be used to screen off-street parking.
F. 
Lighting — Subject to § 310-110. Lighting shall not exceed 0.2 footcandles at any property line.
G. 
Refuse — Subject to § 310-109. Refuse and recycling must be located either interior to a building in a designated refuse storage area, or located in a side or rear yard setback area, no closer than 10 feet to any adjacent lot line, enclosed on all four sides, and screened using wood fencing or other attractive material.
H. 
Parking.
(1) 
No curb cuts shall be permitted from Broadway. All parking shall be accessed from driveways along either Orchard Street and/or Park Avenue.
(2) 
In the absence of lot consolidation, permanent access easements for all parcels must be created for parking lot access.
I. 
Architectural requirements.
(1) 
The architectural treatment of the front facade shall be continued in its major features around all visibly exposed sides of a building. All sides of a building facing a public street shall be architecturally designed to be consistent with regard to style, materials, colors and details.
(2) 
Fenestration shall be architecturally compatible with the style, materials, colors and details of the building. Windows shall be vertically proportioned.
(3) 
All entrances to a building shall be defined and articulated by architectural elements such as lintels, pediments, pilasters, columns, porticoes, porches, overhangs, railings, etc.
(4) 
All rooftop mechanical equipment, inclusive of solar equipment, shall be screened from view from all vantage points at grade or below the roof.
(5) 
Buildings shall avoid long, monotonous, uninterrupted walls or roof planes. Building wall offsets, including projections such as canopies and recesses shall be used in order to add architectural interest and variety and to relieve the visual effect of a simple, long wall. Similarly, in the case of a pitched roof, roofline offsets, dormers or gables shall be provided in order to provide architectural interest and variety to the massing of a building and to relieve the effect of a single, long roof.
(6) 
The maximum spacing between building wall offsets shall be 50 feet.
(7) 
The minimum projection or depth of any individual vertical offset shall be 1.5 feet.
(8) 
The maximum spacing between roof offsets shall be 50 feet.
(9) 
All ground-level retail and service uses that face a public space shall have clear glass on at least 60% of their facades between two and eight feet above grade.
J. 
Multi-family residential standards.
(1) 
Residential units shall have the following minimum unit sizes:
(a) 
One-bedroom — 700 square feet
(b) 
Two-bedroom — 850 square feet
(c) 
Three-bedroom — 1,100 square feet.
(2) 
A maximum of 20% of the market-rate units may be three-bedroom units.
K. 
Affordable housing requirements.
(1) 
If the residential units are rental, 15% of the units shall be reserved for affordable households. If the units are for-sale, 20% of the units shall be reserved for affordable households.
(2) 
The affordable units shall have a minimum 30-year deed restriction. Any such affordable units shall comply with UHAC, applicable COAH affordable housing regulations, the Fair Housing Act, any applicable order of the Court, and other applicable laws.
(3) 
The units shall meet the bedroom distribution required by the Uniform Housing Affordability Controls.
(4) 
The units shall meet the low/moderate income split required by the Uniform Housing Affordability Controls and provide at least 13% of the units as very-low-income units as mandated by the Fair Housing Act.
(5) 
The developer shall be responsible for retaining a qualified Administrative Agent at the developer's sole cost and expense for the lifetime of the deed restriction. This shall include the initial rental/sale of the unit and the ongoing compliance. The developer shall utilize the Borough's Administrative Agent or a Borough-approved equivalent.
(6) 
The affordable units shall be family affordable units.
(7) 
The developer shall be responsible for paying the required development fees as outlined by the Statewide Non-Residential Development Fee Act applicable to the non-residential portion of the development.
(8) 
Development shall comply with Chapter 310, Article XXXIII Affordable Housing Regulations.
[Added 12-14-2021 by Ord. No. 21-17]
A. 
Principal permitted uses.
(1) 
Townhomes (stacked flats, two over two).
(2) 
Multifamily housing.
(3) 
Senior/independent housing.
B. 
Permitted accessory uses.
(1) 
Lobby, sales, management, leasing offices.
(2) 
Recreational facilities (indoor/outdoor).
(3) 
Surface parking.
(4) 
Communal dining areas for residents of senior/independent living.
(5) 
Mail and package rooms.
(6) 
Roof-mounted solar panels, electric vehicle charging stations, bike parking facilities.
(7) 
Signs.
(8) 
Fences and walls.
C. 
Bulk requirements.
(1) 
Building heights (maximum): three stories and 40 feet, however, parapets may exceed the maximum building height by up to four feet.
(2) 
Building coverage (maximum): 55%.
(3) 
Lot area (minimum): n/a.
(4) 
Front yard (minimum): 15 feet.
(5) 
Side yard (minimum): 10 feet.
(6) 
Rear yard (minimum): 20 feet.
(7) 
Impervious coverage (maximum): 80%.
(8) 
Residential density (maximum): 28 units per acre.
(9) 
Retaining walls, driveways, sidewalks, walkways, fences, and underground utilities shall be permitted within the setbacks.
D. 
Landscaping.
(1) 
Any areas not paved or used for buildings shall be landscaped with a mix of deciduous and evergreen trees and low ground cover.
(2) 
Parking areas with more than 20 spaces require one landscaped island for every 15 parking spaces, planted with trees and low ground cover.
(3) 
There shall be a minimum five-foot-wide planted buffer between any surface parking lot or internal driveway and ground-level dwelling units. The buffer shall consist of plantings adequate in size and number to deter access to residential windows as determined during site plan review.
(4) 
A landscaped buffer of dense evergreen plantings no less than six feet in height and five feet in depth, and/or a six-foot-tall board-on-board fence shall be required on all lot lines adjacent to residential uses or zones and shall be used to screen off-street parking.
E. 
Lighting: subject to § 310-110. Lighting shall not exceed 0.2 footcandles at any property line.
F. 
Refuse: subject to § 310-109. Refuse and recycling must be located either inside of a building in a designated refuse storage area, or located in a side or rear yard setback area, no closer than 10 feet to any adjacent lot line, enclosed on all four sides, and screened using solid fencing or other attractive material.
G. 
Signs: All uses permitted within the Multifamily Overlay District shall be permitted signs in accordance with § 310-63B.
H. 
Architectural requirements.
(1) 
Any deviation from this Subsection H shall be considered a design waiver.
(2) 
Building style. The architectural style permitted within this overlay district is limited to the following: the Second Empire, Stick-Eastlake, and Queen Anne architectural styles.
(a) 
The Second Empire style structures have flat roof lines, corniced eaves, angled bay windows and Corinthian-columned porches.
(b) 
The Stick-Eastlake structures often include square bays, flat roof lines and freestyle decorations.
(c) 
Queen Ann style has a gabled roof, shingled insets, angled bay windows under the gable and, on occasion, a tower.
(3) 
Primary architectural characteristics. All residential development shall meet at least two primary architectural characteristics.
(a) 
Steeply pitched mansard roof with dormer windows.
(b) 
Tower element.
(c) 
Paired one-over-one windows, bay windows.
(d) 
Porch element.
(4) 
The architectural treatment of the front facade shall be continued in its major features around all visibly exposed sides of a building. All sides of a building facing a public street shall be architecturally designed to be consistent with regard to style, materials, colors, and details.
(5) 
Fenestration shall be architecturally compatible with the style, materials, colors, and details of the building. Windows shall be vertically proportioned.
(6) 
All entrances to a building shall be defined and articulated by architectural elements.
(7) 
All rooftop mechanical equipment shall be screened from view from all vantage points.
I. 
Multifamily residential standards.
(1) 
Residential units shall have the following minimum unit sizes:
(a) 
One-bedroom: 650 square feet.
(b) 
Two-bedroom: 800 square feet.
(c) 
Three-bedroom: 1,050 square feet.
(2) 
A maximum of 20% of the market-rate units may be three-bedroom units.
J. 
Affordable housing requirements.
(1) 
If the residential units are rental, 15% of the units shall be reserved for affordable households. If the units are for-sale, 20% of the units shall be reserved for affordable households.
(2) 
The affordable units shall have at least a thirty-year deed restriction. Any such affordable units shall comply with UHAC, applicable COAH affordable housing regulations, the Fair Housing Act,[1] any applicable order of the Court, and other applicable laws.
[1]
Editor's Note: N.J.S.A. 52:27D-301 et seq.
(3) 
The units shall meet the bedroom distribution required by the Uniform Housing Affordability Controls.
(4) 
The units shall meet the low-/moderate-income split required by the Uniform Housing Affordability Controls and provide at least 13% of the units as very-low-income units as mandated by the Fair Housing Act.
(5) 
The developer shall be responsible for retaining a qualified administrative agent at the developer's sole cost and expense for the lifetime of the deed restriction. This shall include the initial rental/sale of the unit and the ongoing compliance. The developer shall utilize the Borough's administrative agent or a Borough-approved equivalent.
(6) 
Affordable units shall be constructed on-site and integrated throughout the development.
(7) 
Development shall comply with Chapter 310, Article XXXIII, Affordable Housing Regulations.