A.
Purpose. The purpose of this section is to establish an overlay zone to provide an opportunity to develop multifamily residential housing units affordable to low- and moderate-income families. Development is to be limited in height, density, and development coverages, with adequate space provisions comparable with the suburban downtown character of the Borough of Lincoln Park. This article preserves the right to use the subject property in accordance with existing zoning and creates an option to develop the property with another use at an increased intensity, including affordable housing. This overlay applies to the following properties:
(1)
Block 21303, Lots 1-9, Block 21306, Lots 1, 2.01, 2.02, and 3-8, Block 21305, Lots 1-9, Block 21304, Lots 1-11, Block 21305.1, Lots 1 and 1.1, and Block 21301, Lots 4 and 5.
B.
Permitted principal uses. Apartment development on upper floors of buildings is subject to the specific conditions and limitations as set forth in this chapter.
C.
Required affordable housing set-aside. Any residential development created in the Downtown Overlay Zone must provide a minimum of 20% of the total number of units on-site to be constructed as affordable to very-low, low- and moderate-income eligible families.
D.
All affordable housing units shall comply with the Borough's affordable housing regulations in its Affordable Housing Ordinance,[1] as well as the NJ Fair Housing Act (N.J.S.A. 52:27D-301 et seq.), and the Uniform Housing Affordability Control Rules (N.J.A.C. 5:80-26.1 et seq.). This shall include, but is not limited to:
(1)
The requirement that at least 13% of the affordable units within the development shall be required to be for very-low-income households earning 30% or less of the median income.
(2)
The bedroom distribution of very-low-, low-, and moderate-income units for affordable units shall be as follows:
(3)
Recording of appropriate affordability controls of not less than 40 years for rental units and not less than 30 years for sale units;
(4)
Minimum unit sizes by square footage as required by UHAC for affordable housing units; and
(5)
The affordable units shall be affirmatively marketed in accordance with UHAC and applicable law. The affirmative marketing shall include the community and regional organizations identified by the Borough, and it shall also include posting of all affordable units on the New Jersey Housing Resource Center website in accordance with applicable law.
E.
The 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 of similar tenure, this shall mean that the affordable units shall be generally distributed within each building with market units. The residents of the affordable units shall have full and equal access to all of the amenities, common areas, and recreation areas and facilities as the residents of the market-rate units.
F.
Construction of the affordable units in inclusionary developments shall be phased in compliance with N.J.A.C. 5:93-5.6(d).
G.
All very-low-, low- and moderate-income housing units shall be in conformance with the requirements of the New Jersey Fair Housing Act, N.J.S.A. 52:27D-301 et seq. ("FHA") and any amendments thereto; applicable regulations of the New Jersey Council on Affordable Housing ("COAH"); applicable requirements of the Courts of the State of New Jersey; and all applicable regulations on affordability controls and other regulations of the New Jersey Housing and Mortgage Finance Agency ("NJHMFA") including, without limitation, the Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.1 et seq. ("UHAC"), with the sole exception that a minimum of 13% of the affordable units will be made available to very-low-income households, defined as households earning 30% or less of the regional median income by household size pursuant to the FHA.
H.
Permitted accessory uses. Within the Downtown Overlay Zone, the following accessory uses shall be permitted:
(1)
Laundry rooms, recreational rooms and other similar such accessory uses which are for the common benefit of all residents of the multifamily development.
I.
Minimum lot size requirements. The minimum lot size within Downtown Overlay Zone shall be not less than the minimum lot size for the district in which they are located.
J.
Dwelling unit density. Dwelling density shall not exceed 32 dwelling units per acre.
(1)
Impervious coverage. The sum of the area of all principal and accessory buildings shall not exceed 90%.
K.
Yard requirements.
(1)
The following minimum yard requirements shall apply:
AHO Zone | Front (feet) | Side (feet) | Rear (feet) |
|---|---|---|---|
D-O | 0 | 0 | 10 |
L.
Open space.
(1)
Any premises used for multifamily dwelling purposes shall contain a minimum of 10% of the lot area as open space. Roof area when improved and available to the public may be used to satisfy up to 5% of this requirement.
(2)
Required open space shall be easily accessible to the occupants of all of the dwelling units on the premises, which is allocated to individual dwelling units, as hereinabove provided, shall be easily accessible to the occupants of the units to which such space is allocated.
(3)
No portion of any required front yard or any required planting area shall be used for required open space.
(4)
No portion of any required open space shall be used for driveways or parking spaces.
(5)
No structure of any kind shall be permitted within any required open space, except for swimming pools, outdoor sport structures or playgrounds, or other common outdoor amenities such as courtyards, provided that not more than 25% of any structure shall be covered by a roof.
(6)
Required open space shall be subject to site plan review as to design and layout, shall be attractively landscaped and shall not exceed a grade of 5% and shall be of a design to accommodate the needs of the occupants or contemplated occupants of the dwelling units it is designed to serve.
(7)
Roof space on accessory buildings or structures, including roof space on parking facilities, may be used as required open space, provided that:
M.
Buffer requirements. A landscaped buffer area shall be required and consist of planted materials intended to provide an attractive visual screen within all of the following described areas adjacent to each side lot line and the rear lot line of each lot:
(1)
When adjacent to property used or zoned for residential purposes: 10 feet.
N.
Regulations concerning yards, planting areas, fences, etc.
(1)
Within a required front yard, no accessory building or structure shall be permitted.
(2)
Notwithstanding any of the foregoing restrictions:
(a)
Cornices and cantilevered roofs may project into any required yard a distance of not more than 24 inches.
(b)
Belt courses, windowsills and similar ornamental features may project into any required yard a distance of not more than 12 inches, and chimneys may so project a distance of not more than 18 inches.
(c)
A required open fire escape or fireproof stairway may project into any required yard a distance of not more than eight feet.
(3)
Accessory buildings and structures may be erected in side or rear yards, provided that they do not encroach on any required planting area.
O.
Height limitations.
(1)
The following maximum height requirements shall apply:
AHO Zone | Feet | Stories |
|---|---|---|
D-O | 40 | 3 |
(2)
Accessory buildings shall not exceed 20 feet in height.
(3)
Chimneys, flues, towers, bulkheads, spires, and similar decorative features may exceed the aforesaid height limitations if the total area of all such features on any single building does not exceed 20% of the area of the roof of such building.
Q.
Streetscape standards. Private development shall include street improvements to enhance the downtown streetscape. Required streetscape improvements will include a specific architectural and site design theme similar to the streetscape improvements undertaken at the intersection of Main Street and Station Road. Site improvements will include benches, trash receptacles, area lighting, street trees, paver treatment, and planters. These improvements shall be consistent with plans and specifications on file with the Borough Engineer.
R.
Architectural design standards.
(1)
Facade design.
(a)
Horizontal articulation between floors. Each facade should be designed to have a delineated floor line between street-level and upper floors. This delineation can be in the form of a masonry belt course, a concrete lintel or a cornice line delineated by wood detailing.
(b)
Vertical articulation. Each building facade facing a public right-of-way must have elements of vertical articulation comprised of columns, piers, recessed windows or entry designs, overhangs, ornamental projection of the molding, different exterior materials or wall colors, or recessed portions of the main surface of the wall itself. The vertical articulations shall be designed in accordance with the following:
[1]
Each vertical articulation shall be no greater than 30 feet apart.
[2]
Each vertical articulation shall be a minimum of one foot deep.
[3]
Each vertical projection noted above may extend into the required front yard a maximum of 18 inches in depth.
[4]
Building walls with expansive blank walls are prohibited on any building facade regardless of its orientation.
(2)
Rooflines. 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.
(3)
All ground-level retail and service uses that face a public street shall have clear glass on at least 50% of their facades between two feet and eight feet above grade.
(4)
Fenestration shall be architecturally compatible with the style, materials, colors and details of the building. Windows shall be vertically proportioned.
(5)
All buildings should relate harmoniously to the site's natural features and existing buildings, as well as other structures in the vicinity that have a visual relationship and orientation to the proposed buildings. Such features should be incorporated into the design of building form and mass and assist in the determination of building orientation in order to preserve visual access to natural and man-made community focal points.
(6)
Buildings with expansive blank walls are prohibited. Appropriate facade treatments should be imposed to ensure that such buildings and facades are integrated with the rest of the development and the entirety of the building.
(7)
New buildings are encouraged to incorporate such building elements as entrances, corners, graphic panels, display windows, etc., as a means to provide a visually attractive environment.
(8)
A human scale of development should be achieved at grade and along street frontages through the use of such elements as windows, doors, columns, awnings and canopies.
(9)
Design emphasis should be placed on primary building entrances. They should be vertical in character, particularly when there is the need to provide contrast with a long linear building footprint, and such details as piers, columns, and framing should be utilized to reinforce verticality.
(10)
Refuse and recycling shall be located interior to a building or, alternatively, if located outside, the refuse area shall be appropriately screened by a decorative masonry wall consistent with the type of building materials used within the development, not to exceed six feet.
(11)
Rooftop utilities, including mechanical, electrical, and plumbing equipment, and HVAC units, are permitted but shall be shielded from public view with appropriate screening that complements the character of the building's architecture.
(12)
Internal private balconies not facing a public right-of-way shall be permitted but shall not exceed a maximum depth of five feet beyond the building facade nor encroach within a required setback. Alternatively, Juliet balconies are permitted. Notwithstanding the foregoing, ground-level private and common courtyards shall not be subject to these requirements and may be permitted within the required setback provided the encroachment is screened or landscaped.