Borough of Mountain Lakes, NJ Article X Zoning District Regulations

§ 245-73 Residential Zones R-AA, R-A, R-1 and R-2.

In the R-AA, R-A, R-1 and R-2 Zones, the following uses shall be permitted:

A. Permitted principal uses.

(1) Single-family detached dwellings.

(2) Playgrounds and parks.

(3) Any municipally owned or operated building, other structure, facility or use.

B. Permitted accessory uses.

(1) Accessory uses customarily incident to a permitted use or to an authorized conditional use. Such accessory uses shall include garages, carports, sheds, toolhouses, pergolas, gazebos, boathouses, boat racks, greenhouses, playhouses, private swimming pools, exterior air-conditioning units, exterior mechanical equipment and retaining walls.

(2) Fences in accordance with § 245-89C.

(3) Play equipment shall be permitted as an accessory use upon all improved residential lots located within residential zones, provided that play equipment shall not be located closer to any street right-of-way line than the residence located on the lot; play equipment shall be set back by no less than 10 feet from any side, rear or lake lot line; and play equipment shall not exceed 12 feet in height, measured vertically from highest point.

(4) Those home occupations or professions that have no nonresident employees, no client visitors, show no visible external evidence of the occupation and have no other negative impact on the neighborhood. Such occupation shall be considered accessory uses subject to the following conditions:

(a) The principal use of the property must be as a residence, with the amount of the property used for the home occupation limited to a maximum of 500 square feet or 1/3 of the square footage of all buildings on the property, whichever is smaller.

(b) The principal professional of any accessory home occupation shall reside on the premises.

(5) Family day-care homes as defined in N.J.S.A. 40:55D-66.5b.

(6) Affordable accessory apartments in accordance with Article XVIII of this chapter.

C. Conditional uses.

(1) Home occupations that do not meet the defined requirements of an accessory use at Subsection B(4) above, subject to the provisions of § 245-100.

(2) Clubs, subject to the provisions of § 245-101.

(3) Public and private schools; places of worship; places of assembly; noncommercial recreation centers such as YMCAs; and philanthropic institutions, subject to the provisions of § 245-102.

(4) Child-care centers, subject to the provisions of § 245-103.

§ 245-74 Residential Zones RC-2 and RC-3.

In the RC-2 and RC-3 Zones, the following uses shall be permitted:

A. Permitted principal uses. Same as in § 245-73A.

B. Permitted accessory uses. Same as in § 245-73B.

C. Conditional uses.

(1) Same as in § 245-73C.

(2) Residential clustering subject to the restrictions and criteria in § 245-104.

(3) Zero lot line developments subject to the conditions in § 245-105.

(4) In the RC-3 Zones only, townhouses, subject to conditions and criteria stated in § 245-104A(3), maximum number of lots; § 245-104B, Procedures for cluster development; § 245-104C, Location and use of open space; § 245-104D, Disposition of open space; and § 245-106, Townhouse option of the RC-3 Zone; and other applicable criteria in this chapter.

§ 245-75 Residential — Affordable Housing (R-AH) Zone.

The purpose of the R-AH Zone is to provide a realistic opportunity for the construction of affordable housing as part of a comprehensively planned housing development, in conformance with the Borough's approved Housing Element and Fair Share Plan and the regulations of this chapter governing affordable housing. In the R-AH Zone, the following uses shall be permitted:

A. Permitted principal uses. Single-family attached or multifamily dwellings in accordance with the provisions below and the development standards enumerated in Subsection C:

(1) A maximum of 47 dwelling units shall be permitted, of which at least eight units shall be set aside as affordable housing.

(2) Units may be age-restricted in accordance with the Fair Housing Act, 42 U.S.C. § 3601 et seq.; provided, however, that no more than four of the units affordable to low- and moderate-income households may be age-restricted.

(3) Dwellings constructed for low- and moderate-income households shall be governed by deed restrictions ensuring long-term affordability controls in accordance with Article XVIII of this chapter.

(4) The development, phasing and marketing of all housing constructed for low- and moderate-income households shall be undertaken consistent with the rules and regulations of the New Jersey Council on Affordable Housing and the provisions of Article XVIII of this chapter.

B. Permitted accessory uses. Same as in § 245-73B, except that all accessory structures shall be designed to serve or be developed in relation to the entire development and shall be subject to site plan approval.

C. Development standards.

Type	Requirement
Minimum tract size	8 acres
Minimum tract frontage and depth	100 feet
Minimum setbacks (principal buildings)
From public right-of-way	40 feet2
From side or rear perimeter property lines	25 feet
Minimum setbacks (accessory buildings)
From public right-of-way	40 feet
From side or rear perimeter property lines	25 feet
Maximum height	2 1/2 stories/35 feet3
Parking requirements	See N.J.A.C. 5:21-1.1 et seq. (Statewide Residential Site Improvement Standards) for total number of spaces to be provided. A minimum of 1 space per unit shall be provided in an enclosed garage. As to the low- or moderate-income units, there shall be no garage requirements.
On-site rights-of-way (ROW) and pavement widths	See N.J.A.C. 5:21-1.1 et seq.
Maximum floor area ratio (FAR)	30.5%1
Maximum improved coverage	34%

NOTES:
1	The maximum FAR shall be calculated based upon the gross area of the site located within the R-AH Zone prior to any right-of-way dedication for road widening purposes along Moms Avenue and/or Fanny Road.
2	An elevated deck attached to a townhouse shall be permitted to extend up to eight feet into the required minimum setback from the Fanny Road public right-of-way provided the floor area of the deck is less than 125 square feet and the deck is unroofed and unenclosed except for safety railings, and provided that the intervening yard area is effectively buffered by landscaping.
3	A maximum building height of three stories and 39 feet shall be permitted for market rate townhouses in buildings in which any portion of the building is within 150 feet of Morris Avenue or within 50 feet of Fanny Road. This extended height limit shall apply to a maximum of five buildings containing a maximum of 22 townhouse units.

D. Setbacks between buildings; setbacks to interior roads and parking areas. In reviewing a site plan for any development in the R-AH Zone, the Planning Board shall have authority to review and approve all setbacks between buildings and between buildings and interior roads, parking areas and other structures in order to ensure the preservation of adequate light, air and open space.

E. In site plan review process, the Planning Board shall also review consistency with the Master Plan requirements relating to the protection of environmental areas, particularly the Conservation Zone, and facilitation of pedestrian access to community resources.

F. Homeowners' association. If a homeowners' association is formed, it shall be approved in the manner stipulated in § 245-106G.

G. Affordable Housing Zone shall be exempt from measuring to existing (original) grades as defined in § 245-3 under definitions for "building height (residential zones)," "grade plane," and "story above grade." All measurements are to be from proposed grades.

H. Affordable Housing Zone shall be exempt from the "three-foot maximum change in average grade as measured along any wall of a building" requirement, as set forth at § 245-87.

I. Each townhouse unit within the Affordable Housing Zone shall be considered a building for the purpose of measuring building height at street (residential zones), grade plane, and story above grade. Two or more units at similar floor elevations may be used to calculate the non-street frontage of building height.

§ 245-76 Residential — Affordable Housing 2 (R-AH2) Zone.

The purpose of the R-AH2 Zone is to provide a realistic opportunity for the construction of affordable housing as part of a comprehensively planned housing development, in conformance with the regulations of this chapter governing affordable housing. In the R-AH2 Zone, the following uses shall be permitted:

A. Permitted principal uses. Townhouses and multifamily dwellings in accordance with the provisions below and the development standards enumerated in Subsection C:

(1) All of the market rate dwellings shall be townhouse units.

(2) Affordable dwellings may be either townhouse or multifamily units.

(3) Fifteen percent of all dwelling units shall be set aside as affordable housing.

(4) Dwellings constructed for low- and moderate-income households shall be governed by deed restrictions ensuring long-term affordability controls in accordance with Article XVII of this chapter.

(5) The development, unit distribution and marketing of all housing constructed for low- and moderate-income households shall be undertaken consistent with the rules and regulations of the New Jersey Council on Affordable Housing and the provisions of Article XVII of this chapter, except that the construction of affordable housing shall be required to be undertaken upon completion and issuance of certificates of occupancy for 50% of the market rate units within the development.

B. Permitted accessory uses shall be the same as in § 245-73B, except that all accessory structures shall be designed to serve or be developed in relation to the entire development and shall be subject to site plan approval.

C. Development standards.

Type	Requirement
Minimum tract size	7 acres
Minimum frontage on a public or private street or other right-of-way providing access to the tract	50 feet
Minimum setbacks (principal buildings)*
From RC-3 zone boundary	50 feet
From any other tract boundary	25 feet
From internal access road	25 feet with sidewalks 22 feet without sidewalks
Minimum setbacks (accessory buildings)	Same as for principal buildings
Maximum height	3 stories/35 feet
Maximum density	5.5 dwelling units per gross acre; however, in no event shall the total number of dwellings exceed 40
Parking requirements	See N.J.A.C. 5:21-1.1 et seq. (Statewide Residential Site Improvement Standards) for total number of spaces to be provided. A minimum of 1 space per unit shall be provided in an enclosed garage for market rate units.
On-site rights-of-way (ROW) and pavement widths	See N.J.A.C. 5:21-1.1 et seq.
Maximum improved coverage	45%

NOTES:

*

Dwelling unit patios, decks, elevated decks, appurtenances such as railings or stairs, privacy fencing, HVAC units and pedestrian entrance structures such as stairs, pads, roof overhangs, walkways, and railings shall be permitted to extend no more than 10 feet into any required minimum setback. No such area shall be enclosed except for overhead decks, pedestrian entrance roof overhangs and safety railings. Extensions into required minimum setbacks shall be effectively buffered by landscaping.

D. Permitted slope disturbance. For the purpose of ensuring that there is sufficient area to reasonably accommodate the construction of townhouses/multifamily units while at the same time limiting the amount of disturbance within areas with slopes in excess of 15%, a slope disturbance analysis shall be included as part of the required submission. The slope analysis shall include the following information:

(1) A building area shall be depicted on the plans which shall be inclusive of all proposed buildings as well as the area extending 20 feet from the front of said building and 10 feet from the side and rear of said buildings. The building area shall be the sum total of the footprints in square feet of all proposed buildings and the associated areas extending therefrom as herein described.

(2) A tabulation of the land areas within the following slope categories on the entire tract:

(a) Zero percent to 14.99%.

(b) Fifteen percent to 24.99%.

(c) Twenty-five percent to 34.99%.

(d) Thirty-five percent or greater.

(3) A tabulation of the land areas in the above listed slope categories within the building area that are proposed to be disturbed.

(4) Calculations showing the land areas of disturbance of each slope category within the building area as compared to the land area of slopes in each category on the entire tract. The maximum allowable slope disturbances within the building area as a percentage of land area in each slope category on the entire tract shall be as set forth in the following table:

Slope Category	Maximum Slope Disturbance
0 to 14.99%	100%
25% to 34.99%	10%
35% or greater	5%

(5) Section 245-90 shall not apply in the R-AH2 Zone.

E. Homeowners' association. If a homeowners' association is formed, it shall be approved in the manner stipulated in § 245-106G.

F. The Affordable Housing 2 Zone shall be exempt from measuring to existing (original) grades as defined in § 245-3, under definitions for "building height (residential zones)," "grade plane," and "story above grade". Measurements shall be from the first floor elevation at the front door entrance of each market rate or affordable townhouse unit to the midpoint of a sloped roof. If the affordable dwellings are multifamily units and not townhouses, then the measurement shall be from the average first floor elevation at the front of the building to the midpoint of a sloped roof.

G. The Affordable Housing 2 Zone shall be exempt from the "three-foot maximum change in average grade as measured along any wall of a building" requirement, as set forth at § 245-87.

H. Multiple principal buildings are permitted, except that no more than six units shall be permitted within any building. Buildings shall be separated from other buildings by a minimum of 50 feet, except that side-to-side orientations of buildings shall be separated a minimum of 25 feet and side-to-rear orientations of buildings shall be separated by a minimum of 40 feet.

I. Section 245-91 shall not apply to development in the R-AH2 Zone. Variation shall be incorporated in building plans for and in the construction of groups of three townhouse units or more ("townhouse unit groups") to present variations in the elevation, design and appearance of the townhouse unit groups. Variation shall be achieved by differentiation in at least three of the design characteristics between townhouse unit groups on a group-by-group basis:

(1) Building materials or color.

(2) Setbacks created by horizontal movement of front facade.

(3) Vertical stepping.

(4) Entryway or front doors.

(5) Garage door location or styling.

(6) Window treatments.

(7) Roof presentation and treatment.

J. Fences, only to the degree necessary for the health, safety, or welfare, shall be permitted, including within setbacks. Examples of such necessary fencing include fencing of decks, patios with dropoffs, steeply sloped areas, and detention basins.

§ 245-76.1 Residential — Affordable Housing 3 (R-AH3) Overlay Zone.

A. Permitted principal and accessory uses. It is the intent within the R-AH3 Overlay Zone to permit uses consistent with those permitted in the OL-2 Zoning District and to permit, as an alternative to the OL-2 uses, the development of an assisted living residence as conditional use. Permitted principal, accessory and conditional uses shall be as follows:

(1) All principal and accessory uses permitted in the OL-2 Zone; or

(2) Assisted living residences, as defined within Article I, § 245-3, Definitions, are permitted as a conditional use within the R-AH3 Overlay Zone. Assisted living residences shall only be permitted upon satisfaction of the standards contained in § 245-108 of this chapter.

§ 245-77 Business Zone A.

In the A Zone, the following uses shall be permitted:

A. Permitted principal uses.

(1) Business or professional office or office building, including banks and other financial institutions.

(2) Restaurant and club, excluding drive-in restaurant.

(3) Retail business or service, excluding any business with outside storage or selling of gasoline, diesel fuel, propane, methane, natural gas or other potential aquifer pollutants (excluding items which are sold in their original sealed container); automotive service stations, repair shops or body shops; new car dealerships, used car storage or sales, motor vehicle and trailer rentals; dry-cleaning establishments; motels, hotels, tourist homes, rooming houses or other similar or analogous uses, including trailer camps and camps.

(4) Child-care centers.

B. Permitted accessory uses.

(1) Any use or structure customarily incidental to a principal permitted use.

(2) Public and private parking.

(3) Signs. See Article XIV.

(4) Child-care centers.

(5) Affordable accessory apartments in accordance with Article XVIII of this chapter.

C. Conditional uses: none.

D. Prohibited uses. The following uses are expressly prohibited:

(1) Sexually oriented establishments.

§ 245-78 Business Zone B.

A. Permitted principal uses are the same as in § 245-77A ("Business Zone A"). In addition, the following principal uses shall be permitted:

(1) Adult day-care facility.

(2) Educational play center.

(3) Health and fitness facility.

(4) Indoor commercial recreation use.

(5) Instructional schools and studios.

(6) Pet care and grooming facility.

(7) Satellite dry-cleaning establishment.

B. Permitted accessory uses. Same as § 245-77B except that affordable accessory apartments shall not be permitted.

C. Conditional uses.

(1) Hotels in accordance with § 245-109.

(2) Automobile service stations in accordance with § 245-110.

(3) Drive-in restaurants or restaurants with drive-through facilities where food or drink is served to customers in vehicles at a drive-through window in accordance with § 245-111.

(4) Self-storage facilities in accordance with § 245-112.

(5) Sexually oriented establishments in accordance with § 245-113.

§ 245-79 Office and Light Industrial Zones OL-1 and OL-2.

In the OL-1 and OL-2 Zones, the following uses shall be permitted:

A. Permitted principal uses.

(1) Business, professional or service offices and establishments, banks and other financial institutions. Retail and wholesale activities and businesses using hazardous substances shall be excluded.

(2) Light manufacturing; processing of data and materials; storing, assembly or fabrication of goods and materials; printing and publishing; research. Businesses using hazardous substances as defined shall be excluded. Any use shall meet applicable performance standards.

(3) Child-care centers.

B. Permitted accessory uses.

(1) Any use or structure customarily incidental to a principal permitted use.

(2) Public and private parking.

(3) Signs. See Article XIV.

(4) Essential services.

(5) Child-care centers.

C. Conditional uses.

(1) Assisted living facilities.

D. Supplemental regulations. In addition to the bulk requirements set forth in Schedule I,[1] the following regulations shall apply to the OL-1 and OL-2 Zones:

(1) A planted buffer, measured 100 feet deep from the property boundary, shall be provided within any OL-1 or OL-2 Zone along any lot line abutting a residential use or zone. The plant materials and the planting design shall be in accordance with criteria for such plantings in Article VIII.

(2) Principal side and rear yard building setbacks shall apply as set forth in Schedule I[2] where any OL-1 or OL-2 Zone abuts a residential use or zone. Principal side and rear yard building setbacks may be reduced to 50 feet along nonresidential boundaries.

[2] Editor's Note: Said schedule is included as an attachment to this chapter.

(3) A landscaped area of not less than 20 feet in depth shall be provided along all rights-of-way, except to allow for driveway access.

(4) All yards that are not used for necessary drives, walks and permitted accessory uses shall be appropriately landscaped with trees, shrubs, flowers and grass lawns or other suitable ground cover as approved by the Planning Board.

(5) There shall be no vehicular access to any use established in any OL-1 or OL-2 Zone from any street that primarily serves residential neighborhoods and is not an arterial street.

(6) The maximum size of an undivided building or a building section which is offset from other building sections at least 20 feet shall not exceed 80,000 square feet of building coverage.

(7) More than one principal building may be constructed in the OL-1 and OL-2 Zones, subject to all applicable regulations, and with a minimum distance between the adjacent buildings equal to the height of the taller of the two facing walls measured at the point where the buildings are closest, but not less than 20 feet.

[1] Editor's Note: Said schedule is included as an attachment to this chapter.

§ 245-80 Office, Light Industrial/R-1 Residential Overlay Zone OL-2/R-1.

A. Permitted principal and accessory uses. It is the intent within the OL-2/R-1 Zone to permit uses consistent with those permitted in the OL-2 Zoning District and to permit, as an alternative to OL-2 uses, the development of single-family detached homes on individual lots comprised of at least 10,000 square feet each. Permitted principal and accessory uses shall be as follows:

(1) All principal and accessory uses permitted in the OL-2 Zone; or

(2) As an alternative, single-family detached dwellings together with the accessory uses permitted in the R-1 Residential Zone.

B. Bulk and design requirements and standards.

(1) For office and light industrial uses, the bulk regulations, restrictions and requirements shall be the same as for the OL-2 Zone, as enumerated in Article X, Zoning District Regulations, and all applicable schedules incorporated therein.

(2) For single-family detached dwellings, the bulk regulations, restrictions and requirements shall be the same as for the R-1 Zone, as enumerated in this chapter, and all applicable schedules incorporated therein, and the design development regulations, standards, restrictions and requirements, except that with respect to Block 116, Lots 2 and 3.03, 13 lots shall be developed, subject to the following provisions which shall apply:

(a) Rights-of-way not less than 40 feet wide where the applicant for Block 116, Lots 2 and 3.03, owns or controls only one side of the property abutting the right-of-way.

(b) Radius of cul-de-sac no less than 43 feet.

(c) Maximum floor area ratio (FAR): 25%, excluding garages and basements.

(d) Up to four lots may have lot depths less than 100 feet. In no event shall any lot have a lot depth of less than 70 feet.

(e) No additional or amended environmental impact study (EIS) shall be required where the number of lots sought to be approved as part of the subdivision of the applicant's property does not exceed the number of lots that has been the subject of any EIS previously submitted by the applicant in connection with an otherwise substantially similar subdivision application on the property within the past 24 months and where no substantial and material changes in the physical circumstances of the property have occurred in the interim that would reasonably require an updated EIS.

(f) Notwithstanding the provisions of this chapter), no sidewalks shall be required for the development of the subdivision of the applicant's property.

(g) Chapter 102, Article VI, Groundwater Management, shall be amended as follows: The following sections shall not apply where the applicant's property is developed for single-family houses: §§ 102-30A, B(1), (2) and (3) and 102-31, except that § 102-30A shall apply only for building footprints.

(h) Subdivision plan sheets, sized 30 inches by 42 inches, may be submitted instead of sheets sized 24 inches by 36 inches in order to depict the entire subdivision plan of the applicant's property on one sheet.

§ 245-81 Conservation Zone C.

A. Conservation Zones C-1 and C-2 encompass certain Borough-owned parks and open space areas. It is intended that these areas be preserved as open space and be used for recreation and conservation of the following natural resources:

(1) Major existing or potential groundwater resources.

(2) Erosion-prone soils, especially in steep areas of 15% or more grade and where surface water sedimentation may occur.

(3) Ecologically important wetlands, which also serve as natural stormwater detention facilities.

(4) Woodlands which provide environmental and aesthetic benefits.

B. No permanent building or structure shall be erected in a conservation zone except those structures deemed necessary by the Borough Council for recreational or environmental purposes or for the maintenance of the area.

C. Conservation Zone C-1 as designated on the Borough Zoning Map.

(1) Permitted principal uses.

(a) Recreational uses that involve limited disturbance to the natural environment, including, but not limited to, walking, jogging, biking on designated biking trails, bird-watching, fishing, cross-country skiing, and sledding.

(b) Unpaved trails and puncheon-type boardwalks, approved by the Borough Council, and in accordance with the New Jersey Freshwater Wetlands Protection Act.[1]

[1] Editor's Note: See N.J.S.A. 13:9B-1 et seq.

(2) Permitted accessory uses.

(a) Accessory uses normal and incidental to permitted principal uses, including signs, trash receptacles, benches and temporary or permanent structures as approved by the Borough Council.

D. Conservation Zone C-2 as designated on the Borough Zoning Map.

(1) Permitted principal uses.

(a) All uses permitted in the C-1 Zone and recreational uses utilizing paved trails, playgrounds, tennis courts, athletic fields and other recreational facilities approved by the Borough Council.

(2) Permitted accessory uses.

(a) Accessory uses normal and incidental to permitted principal uses, including parking, signs, fences for safety, trash receptacles, benches and temporary or permanent structures, but excluding lighting except as allowed by Subsection D(2)(b) hereof, and sound systems except as allowed by Subsection D(2)(c) hereof as approved by the Borough Council.

(b) Lighting systems at Birchwood Lake and the Powerville tennis courts, lighting on walkways, parking areas and points of access, if necessary for safety.

(c) Amplified sound systems at the swimming area at Birchwood Lake and, if required for a specific event, wherever and whenever deemed appropriate by the Borough Council.

(3) Supplementary requirements for Conservation Zone C-2.

(a) To maintain Mountain Lakes' distinctive character and its blending of natural and man-made features, a natural vegetative buffer of 100 feet shall be provided between the edge of any land disturbance and contiguous residential properties. This natural vegetative buffer requirement shall not necessarily apply to uses and facilities existing prior to May 2002, but existing buffers of 100 feet or less must be preserved. Subsurface utilities may be located within buffer areas.

§ 245-82 Office and Light Industrial Zone OL-1/Multifamily Affordable Housing Overlay.

[Amended 3-9-2026 by Ord. No. 4-26]

A. Permitted principal, accessory and conditional uses.

(1) As set forth under § 245-79.

(2) Multifamily inclusionary development consisting of townhouses and/or multifamily dwelling units as permitted principal uses with a required set-aside for low- and moderate-income households of 20%. Low- and moderate-income units shall comply with the provisions of Article XVII of this chapter (i.e., Affordable Housing Ordinance). Permitted accessory uses shall include uses which are customarily incidental to the permitted principal use, including, but not limited to, indoor and outdoor recreational facilities and related amenities for the exclusive use of residents and guests.

B. Bulk and development standards.

(1) For permitted uses other than multifamily inclusionary development, as set forth in this chapter for the OL-1 Zone.

(2) For multifamily inclusionary development, as set forth below.

(a) Minimum lot size: three acres.

(b) Minimum lot frontage: 250 feet.

(c) Maximum density: 16 units per gross acre.

(d) Maximum building height: three stories/40 feet.

(e) Minimum front yard setback: 75 feet.

(f) Minimum side yard setback: 50 feet.

(g) Minimum rear yard setback: 75 feet.

(h) Maximum building coverage: 25%.

(i) Maximum improved coverage: 50%.

(j) There shall be no more than eight townhouse units in any building.

(k) There shall be no more than 16 units in any two-story multifamily building and no more than 24 units in any three-story building.

(l) The minimum distance between buildings shall be as follows:

[1] Windowless wall to windowless wall: 25 feet.

[2] Window wall to windowless wall: 30 feet.

[3] Window wall to window wall:

[a] Front to front: 75 feet.

[b] Rear to rear: 50 feet.

[c] End to end: 35 feet.

(m) Development shall maintain a minimum fifty-foot landscaped buffer to any residential zone boundary line which shall consist of either existing vegetation or new plantings, or where appropriate, a combination of existing vegetation and new plantings.

(n) No parking area shall be located within 50 feet of a front lot line or within 25 feet of any other lot line.

(o) Parking shall be provided in accordance with New Jersey Residential Site Improvement Standards (RSIS).

§ 245-83 Office and Light Industrial OL-2/Multifamily Affordable Housing Overlay.

[Amended 3-9-2026 by Ord. No. 4-26]

A. Permitted principal, accessory and conditional uses.

(1) As set forth under § 245-79.

(2) Multifamily inclusionary development consisting of townhouses and/or multifamily dwelling units as permitted principal uses with a required set-aside for low- and moderate-income households of 20%. Low- and moderate-income units shall comply with the provisions of Article XVII of this chapter (i.e., Affordable Housing Ordinance). Permitted accessory uses shall include uses which are customarily incidental to the permitted principal use, including, but not limited to, indoor and outdoor recreational facilities and related amenities for the exclusive use of residents and guests.

B. Bulk and development standards.

(1) For permitted uses other than multifamily inclusionary development, as set forth this chapter for the OL-2 Zone.

(2) For multifamily inclusionary development, as set forth below.

(a) Minimum lot size: three acres.

(b) Minimum lot frontage: 250 feet.

(c) Maximum density: 16 units per gross acre.

(d) Maximum building height: three stories/40 feet.

(e) Minimum front yard setback: 75 feet.

(f) Minimum side yard setback: 50 feet.

(g) Minimum rear yard setback: 75 feet.

(h) Maximum building coverage: 25%.

(i) Maximum improved coverage: 50%.

(j) There shall be no more than eight townhouse units in any building.

(k) There shall be no more than 16 units in any two-story multifamily building and no more than 24 units in any three-story building.

(l) The minimum distance between buildings shall be as follows:

[1] Windowless wall to windowless wall: 25 feet.

[2] Window wall to windowless wall: 30 feet.

[3] Window wall to window wall:

[a] Front to front: 75 feet.

[b] Rear to rear: 50 feet.

[c] End to end: 35 feet.

(m) Development shall maintain a minimum fifty-foot landscaped buffer to any residential zone boundary line which shall consist of either existing vegetation or new plantings, or where appropriate, a combination of existing vegetation and new plantings.

(n) No parking area shall be located within 50 feet of a front lot line or within 25 feet of any other lot line.

(o) Parking shall be provided in accordance with New Jersey Residential Site Improvement Standards (RSIS).

§ 245-83.1 Office and Light Industrial OL-2/ Multi-Family Affordable Housing Overlay 2.

[Added 3-9-2025 by Ord. No. 3-26]

A. Permitted principal, accessory and conditional uses.

(1) As set forth under § 245-79.

(2) Multifamily inclusionary development consisting of townhouses and/or stacked townhouses as permitted principal uses with a required set aside for low- and moderate-income households of 20%. A stacked townhouse is defined as a multi-story residence with two or more units arranged vertically each above the other. No more than two market rate units and no more than three affordable units shall be vertically stacked. Affordable units shall not be permitted within a separate building or buildings but instead shall be interspersed in buildings with market rate units, although buildings with exclusively market rate units shall be permitted. Permitted accessory uses shall include uses which are customarily incidental to the permitted principal use, including but not limited to, indoor and outdoor recreational facilities and related amenities for the exclusive use of residents and guests.

B. Affordable housing. Low- and moderate-income units shall comply with the provision of the Borough’s Affordable Housing Ordinance; the New Jersey Fair Housing Act, N.J.S.A. 52:27D-301 et seq.; the Uniform Housing Affordability Controls rules at N.J.A.C. 5:80-26 (“UHAC”); N.J.A.C. 5:99 Fair Housing Act Regulations; and any provisions of the rules and regulations of the Council on Affordable Housing, i.e., N.J.A.C. 5:93 and 5:97 which have not been invalidated.

C. Bulk and development standards.

(1) For permitted uses other than multi-family inclusionary development, as set forth in this chapter for the OL-2 Zone.

(2) For multifamily inclusionary development, as set forth below:

(a) Minimum lot size: five acres.

(b) Minimum lot frontage: 300 feet.

(c) Maximum density: 14 units per gross acre.

(d) Maximum building height: three stories, 43.5 feet. Measurements shall be from the first floor elevation at the front door entrance of each townhouse or stacked townhouse unit to the highest point of a sloped roof. Development shall be exempt from measuring to existing (original) grades as defined in § 245-3, under definitions for “building height (residential zones),” “grade plane” and “story above grade”.

(e) (e) Minimum setbacks.

[1] To any RC-3 Zone boundary: 50 feet, except that along the common property line shared with Block 118.03, Lot 9 beginning at the northeast corner of said common property line and proceeding in a southerly direction for a distance of 200 feet the minimum setback shall be 75 feet, exclusive of patios and decks, however in no event shall the setback be less than 70 feet.

[2] To the Bloomfield Avenue property line as it exists on the date of adoption of this section: 70 feet, exclusive of patios and decks, however in no event shall the setback be less than 65 feet.

[3] To all other property boundaries: 25 feet, exclusive of patios and decks, however in no event shall the setback be less than 20 feet.

(f) Maximum building coverage: 25%.

(g) Maximum improved coverage: 50%.

(h) There shall be no more than 12 units in any building, except that where a building does not include affordable units the maximum number of units shall be 10.

(i) The minimum distance between buildings shall be as follows:

[1] Windowless wall to windowless wall: 25 feet.

[2] Window wall to windowless wall: 30 feet.

[3] Window wall to window wall:

[a] Front to front: 70 feet for front-loaded units and 50 feet for rear-loaded units.

[b] Rear to rear: 70 feet for rear-loaded units and 50 feet for front-loaded units.

[c] End to end: 30 feet.

(j) Development shall maintain a minimum twenty-foot landscaped buffer to the RC-3 Zone along the easterly lot line and a minimum fifteen-foot landscaped buffer along the northerly lot line. Along the southernmost common lot boundary with the RC-3 Zone, no such buffer shall be required. Buffers shall consist of existing vegetation, trees, or new plantings or, where appropriate, a combination of existing vegetation, trees, and new plantings, so as to provide screening to adjacent properties. A landscape plan encompassing the entire property shall be submitted as part of the development application and shall be subject to Planning Board review and approval.

(k) No parking shall be located within 25 feet of the RC-3 Zone boundary, except that along the southernmost common lot boundary the minimum parking setback shall be 10 feet.

(l) Parking shall be provided in accordance with New Jersey Residential Site Improvement Standards (RSIS).

(m) The property boundary shall be considered as shown in Revised Schedule A-Item No. 3 Description of Land on ALTA/NSPS Land Title Survey prepared by Control Point Associates, Inc. last dated 11-11-2016, signed by James D. Sens.