City of Clifton, NJ Bulk, Height and Other Requirements

Penthouses, stage towers, scenery lifts, elevators, bulkheads, clock towers, cupolas, water tanks and similar structures and mechanical appurtenances may be erected on a building to a height greater than the limit for the district in which the building is located, provided that no such exception shall cover at any level more than 25% of the area of the roof on which it is located, provided further that no such exception shall be used for sleeping or housekeeping purposes or for any commercial purpose other than such as may be incidental to the permitted use of the main building.

The height limitations of this chapter shall not apply to chimneys, church spires, belfries, standpipes, water towers, flagpoles, monuments, transmission towers or cables, or radio or television antennas or towers.

A parapet wall or cornice solely for ornamental purposes may exceed the height limit established for the district, but shall not exceed five feet.

Extensions into the required front or rear yard. Extensions of a structure into a required front or rear yard shall be permitted as follows:

By cornices, canopies and similar extensions which are 10 feet or more above grade: one foot.

By open fireproof fire escapes: four feet.

By eaves: two feet.

By an enclosed vestibule: not to exceed eight feet in width and four feet in depth in R-A1, R-B1, R-B2 and R-B3 Districts, provided that the platform of such vestibule does not extend closer than 21 feet to a front property or street line.

By a roof structure over a front stoop platform located within any residential district or dwelling located on a lot within a B or M District, not to exceed a width of eight feet and a depth of four feet. Such a structure may not extend closer than 21 feet from the building to the front property line and may not be enclosed unless permitted by § 461-13F(4).

[Added 6-15-2004 by Ord. No. 6423-04]

Extensions into the required side yard. Extensions of a structure into a required side yard shall be permitted as follows:

The same provisions shall apply as for extensions into required front and rear yards, except that no porch, vestibule, terrace or outside stairway exceeding three feet above grade shall project more than three feet into any required side lot line, and an outside stairway may extend into any required side yard only if same is unroofed and unenclosed.

An attached garage shall be governed by the requirements set forth in Article VIII.

[2]Planned Development No. 1. Notwithstanding any other requirements or provisions of this chapter in Planned Development No. 1, the following regulations shall apply:

Permanent canopies may be erected and constructed to extend to a maximum of 10 feet from the front of any building or structure erected or constructed in said zone.

Projecting signs may be permitted to extend to a maximum of six feet from the front of any building or structure erected or constructed in said zone; provided, however, that such signs shall not exceed four feet in width and 12 square feet in total surface display area. Flat signs which shall not project more than six inches beyond the building facade and/or one sidewall thereof may be erected on any building or structure erected or constructed in said zone; provided, however, that such sign shall not exceed 25 feet in width and 50 square feet in total surface display area. Rooftop, neon, flashing and/or rotating signs shall not be permitted to be erected on any building or structure erected or constructed in said zone.

No off-street parking spaces and/or off-street loading zones shall be required in said zone.

Editor's Note: Former Subsection H, Alteration or enlargement of existing structures, was repealed 3-21-1989 by Ord. No. 5341-89, which ordinance also redesignated former Subsections I through O as Subsections H through N, respectively.

Planned Development No. 2. Notwithstanding any other requirements or provisions of this chapter, in Planned Development No. 2, the following regulations shall apply:

The mixture of residential uses permitted in the PD-2 District shall be as follows:

Two-family dwellings: not more than 24% of the total number of dwelling units which may be constructed in said district.

Garden apartments: not more than 26% of the total number of dwelling units which may be constructed in said district.

Senior citizen housing: at least 50% but not more than 60% of the total number of dwelling units which may be constructed in said district.

The following maximum density requirements are hereby established for each of the several types of dwellings permitted in the PD-2 District:

Two-family dwellings: a maximum of 12 dwelling units per acre.

Garden apartments: a maximum of 20 dwelling units per acre.

Senior citizen housing: a maximum of 56 dwelling units per acre.

The following maximum heights are hereby established for accessory buildings in the PD-2 District:

Accessory garages: one story or 15 feet.

Accessory recreational and community buildings: one story or 20 feet.

The following minimum requirement for open space to be reserved for walkways, landscaped areas and recreational facilities is hereby established for garden apartments and senior citizen housing permitted in the PD-2 District:

Garden apartments: 40% of total lot area.

Senior citizen housing: 40% of total lot area.

In the PD-2 District, no parking space shall be located closer than five feet to any lot line.

[3] Planned Development No. 1(A). Notwithstanding any other requirements or provisions of this chapter, in the PD-1(A) District the following regulations shall apply:

[Added 10-2-1995 by Ord. No. 5770-95]

Permanent canopies may be erected and constructed to extend to a maximum of 10 feet from the front of any building or structure erected or constructed in said zone.

Off-street parking shall be required for all uses in accordance with the Schedule of Regulations, Column 8, and in accordance with Article X, Off-Street Parking and Loading.

Permitted principal uses are:

Stores, retail shops and supermarkets.

Service establishments.

Business and professional offices.

Financial institutions.

Restaurants. (However, no restaurant use shall include the sale of alcoholic beverages.)

Accessory uses are:

A snack bar is a permitted accessory use within a store or retail shop having a gross floor area in excess of 50,000 square feet. The snack bar shall not exceed 2.5% of the total square footage of the store or retail shop.

Maximum lot coverage shall be 60%.

Maximum height shall be two stories.

Editor's Note: Original Section A11, Planned Industrial District, which was previously included herein as Subsection K, was deleted 7-2-1985 by Ord. No. 4988-85.

Planned Commercial Development District. Notwithstanding any other requirements or provisions of this chapter, in the PCD District the following regulations shall apply:

[Added 5-5-1981 by Ord. No. 4641-81; amended 12-30-1981 by Ord. No. 4683-81]

Minimum distance between buildings shall be equal to the height of the taller structure or 50 feet, whichever is greater.

Off-street parking shall be required for all uses in accordance with the Schedule of Regulations, Column 8, and in accordance with Article X, Off-Street Parking and Loading.

For office uses, one loading space shall be provided per 200,000 square feet of gross floor area or fraction thereof. For hotels, one loading space shall be provided for 100 guest rooms or fraction thereof.

The front yard setback for accessory structures may be reduced to 25 feet, provided that the accessory structure is screened by a berm, plantings, decorative wall or any combination thereof.

Accessory parking garages may be erected to a height not exceeding 45 feet.

The screening and buffer requirements of Article VIII, § 461-52, shall apply where the PCD District abuts an R District.

Business signs of the following types shall be permitted in the PCD Zone:

Flat signs, which shall not project more than six inches beyond the building facade and/or one sidewall thereof.

Nonflashing illuminated flat signs, which shall not project more than 11 inches beyond the building facade and/or one sidewall thereof.

Ground signs, which must observe all building setback lines and which shall not exceed a height of 20 feet above the grade of the roadway to which the sign is directed.

Maximum sign display area: 2.0 times the total frontage along Route 3.

Maximum: 500 square feet per sign.

Total: 1,000 square feet maximum for the premises.

Planned Commercial and Residential District. Notwithstanding any other requirements or provisions of this chapter, in the PCRD District the following regulations shall apply:

[Added 2-16-1988 by Ord. No. 5240-88;[4] amended 3-1-1988 by Ord. No. 5249-88]

Permitted commercial uses shall be subject to the following regulations:

Minimum distance between buildings shall be equal to the height of the taller structure or 50 feet, whichever is greater.

Off-street parking.

The minimum number of spaces shall be in accordance with the Schedule of Regulations, Column 8, except as herein otherwise provided.

Minimum setback of parking area: 50 feet from Bloomfield Avenue, 50 feet from Brighton Road and five feet from any other property fine.

Minimum off-street loading: one space per building; minimum size: 12 feet 25 feet.

Accessory parking garage.

Maximum height: two stories and 25 feet.

Maximum coverage in combination with principal buildings: 30%.

Minimum setback: same as for principal building.

Signs. The following types of business signs shall be permitted for commercial uses in the PCRD District:

Flat signs, which shall not project more than six inches beyond the building facade and/or one sidewall thereof.

Nonflashing illuminated signs, which shall not project more than 11 inches beyond the building facade and/or one sidewall thereof.

Ground signs, which must observe all building setback lines and which do not exceed a height of 20 feet above the grade of the roadway to which the sign is directed.

Identification signs.

Nameplates.

Maximum surface display area of all permitted commercial signs: equal to total street frontage.

The ratio of the total commercial gross floor area for all of the principal buildings to the total area of the tract, subject to the Planned Commercial and Residential District's regulations, shall not exceed 0.46, including enclosed parking areas.

Permitted residential use consisting of garden apartment or townhouse dwelling groups shall be subject to the following regulations:

Where a common wall construction is used, a building in a dwelling group shall contain not less than four nor more than 12 dwelling units. Where an interior corridor is used, a building in a dwelling group shall contain not less than eight nor more than 24 dwelling units.

The minimum distance between buildings shall be at least 25 feet.

No principal building shall exceed 160 feet in length in its longest dimension. No wall of a principal building nor the combined walls of two attached buildings running parallel or approximately parallel to a street shall exceed 100 feet in length.

No front yard shall be used for service, such as clothes drying, automobile parking or storage, to the family dwelling units.

Each principal building shall provide both a front and rear service entrance.

The coverage by principal buildings shall be limited to 25% of the lot area. Accessory buildings shall be permitted to cover up to an additional 10% of the lot area. Parking areas and drives shall not be permitted to cover more than 30% of the lot area.

No incinerators shall be permitted. Refuse areas containing dumpsters or compactors shall be provided in such number and having such areas, respectively, as may be determined necessary by the health officer to adequately serve the health and welfare of the occupants of each group or groups of buildings.

There shall be provided usable open space for outdoor play areas for children and space for outdoor recreation at the rate of 400 square feet per family dwelling unit. Such space shall be not less than 25 feet in its least dimension and shall be reserved and maintained by the owner and may be suitably fenced or screen-planted and shall be designated and reserved as a play area.

Residential uses in the PCRD District shall be subject to the requirements of site plan approval as set forth in Article VII of this chapter.

All public utility facilities, including but not limited to electrical wires, telephone wires, sewerage pipes, gas lines and waterlines, shall be installed beneath the surface of the ground.

In the PCRD District, not more than 13 dwelling units per acre shall be permitted or constructed.

Parking facilities shall be restricted for use of residential tenants and their guests.

All parking areas shall be so lighted as to provide not less than one footcandle of illumination at all times in all parts of such areas.

A parking area shall be provided in the amount of two parking spaces per dwelling unit. In addition to the foregoing parking area requirements, an additional parking area shall be provided for visitors in the amount of one parking space for each two dwelling units.

No parking shall be permitted on interior streets and access drives.

The basement of each dwelling unit shall be used for the location of utilities, storage, recreation room or garage and for no other purpose.

(q)

No dwelling unit or any part thereof may be used as and for professional office space by the occupant or by any other person or persons.

(r)

The following accessory buildings and structures shall be permitted: one-story accessory community facilities buildings for recreation purposes and meeting rooms only, which shall be designed and used exclusively to serve the occupants of the residential community; garages not exceeding one story in height; and swimming pools and other recreational facilities, provided that all such accessory buildings and structures shall comply with the setback requirements of Article VIII.

(s)

Signs. Signs for residential dwelling groups in the PCRD District shall comply with § 461-54D of this chapter.

(t)

Affordable housing requirements. The residential component in this zone shall be subject to the following requirements to provide affordable housing for low- and moderate-income households: A total of 20% of the units to be constructed shall be set aside and sold or leased to low- and moderate-income households at affordable housing costs as defined by the New Jersey Council on Affordable Housing. In lieu of the construction of affordable housing units, the developer may elect to provide a monetary contribution to the City of $15,000 for each required set-aside unit.

Buffers and screening in the PCRD District.

A buffer area at least 50 feet in width shall be provided along the Bloomfield Avenue and Brighton Road frontages of the tract. This buffer shall consist entirely of appropriate ground cover, shrubs, trees and other plantings, so as to provide year-round screening for the outdoor parking areas.

A buffer strip at least 10 feet in width shall be provided along the perimeter of the residential tract in the PCRD District. The buffer shall consist of two staggered rows of rapid growth evergreen shrubs, six feet high at planting, of such variety and quantity so as to provide a year-round screen from the adjacent commercial and industrial uses.

Editor's Note: This ordinance also repealed former Subsection M, Limited Planned Commercial District, added 3-2-1982 by Ord. No. 4705-82.

Maximum lot coverage for the M-3 Special Industrial District:

[Added 5-3-1983 by Ord. No. 4805-83]

Number of Stories	Maximum Coverage (percent)	Land Area per Square Foot of Ground Floor Building Area (square feet)
4 or less	60	1.667
5	55	1.818
6	50	2.000
7	45	2.222
8	40	2.500
9	35	2.857
10 or higher	30	3.333

In those cases where there are multiple buildings on a single tract, the allowable coverage shall be calculated by relating on a pro rata basis the total ground floor area of all buildings (taking account of the applicable allowable maximum coverage for each) to the total area of the tract, using for each individual building the appropriate multiplier set forth in the third column of the table.
Example: A ten-acre (four-hundred-thirty-five-thousand-square-foot) tract contains a three-story building of 20,000 square feet, a six-story building of 40,000 square feet and an eight-story building of 30,000 square feet.
(1)	Three-story (50% allowed):
	20,000 x 1.667 =	33,000 square feet required land area
(2)	Six-story (50% allowed):
	40,000 x 2.000 =	80,000 square feet required land area
(3)	Eight-story (40% allowed):
	30,000 x 2.500 =	75,000 square feet required land area
	TOTAL =	188,333 square feet of coverage
	435,600 - 188,333 =	247,267 square feet remaining to satisfy additional coverage

Setbacks.

Notwithstanding any other requirements or provisions of this chapter pertaining to front yard depths, the building setbacks for certain streets and sections of streets shall be not less than as specified below, and no building or structure or parts of buildings or structures other than steps, eaves and similar fixtures shall extend nearer to the center or side line of such street, as the case may be, than the distance specified.

Allwood Road, between Main Avenue and the right-of-way line of the Erie-Lackawanna Railroad tracks: 55 feet from the center line.

Bloomfield Avenue, from Bloomfield Town limits to Allwood Road: 60 feet from the center line; from Allwood Road to Somerset Place: 45 feet from the center line.

Brighton Road, easterly side, Mount Prospect Avenue to Chelsea Road: 60 feet from the center line.

[Amended 3-2-1982 by Ord. No. 4705-82]

Broad Street: 60 feet from the center line.

Clifton Avenue, from Allwood Road to Van Houten Avenue: 60 feet from the center line; from Van Houten Avenue to Lexington Avenue: 33 feet from the center line; from Lexington Avenue to Randolph Avenue: 55 feet from the center line.

Delawanna Avenue: 55 feet from the center line.

Getty Avenue, westerly side, from Piaget Avenue to Hadley Avenue: 60 feet from the center line.

Grove Street: 55 feet from the center line.

Hadley Avenue, northerly side, from Getty Avenue to Main Avenue: 60 feet from the center line.

Lexington Avenue: 46 feet from the center line.

Oak Street: 60 feet from the center line.

Paulison Avenue: 60 feet from the center line.

State Highway 46, from Van Houten Avenue to Valley Road: 100 feet from the right-of-way line.

State Highway S-3: 50 feet from the right-of-way line.

Valley Road: 60 feet from the center line.

Van Houten Avenue, from the Passaic City limits to the Erie Railroad: 35 feet from the center line; where zoned Business D: 200 feet from the center line; from the Erie Railroad to Valley Road: 55 feet from the center line.

Where the yard setback requirement in Column 5 of the Schedule of Regulations is greater than the special setback requirements of this subsection, the yard requirements of Column 5 shall apply.

Deck setback requirement. Open decks attached to the rear of one-and two-family dwellings shall be set back at least 25 feet from the rear property line.

[Added 5-2-2023 by Ord. No. 7822-23]

Planned Development No. 3 (PD-3). Notwithstanding any other requirements or provisions of this chapter, in the PD-3 District the following regulations shall apply:

[Added 2-7-1989 by Ord. No. 5331-89; amended 10-7-2003 by Ord. No. 6366-03; 3-16-2004 by Ord. No. 6396-04]

Permitted principal uses:

Multifamily dwelling units in the form of townhouses or three-story flats.

Existing industrial uses.

Public, semipublic and private generating plants.

Accessory uses primarily for residents:

Indoor and outdoor recreation facilities.

Minimum tract area: 10 acres.

Minimum lot size: five acres (industrial or residential).

Minimum separation between buildings:

Side to side: 20 feet.

Side to front: 30 feet.

Front to front: 50 feet.

Front to rear: 50 feet.

Rear to rear: 50 feet.

Maximum density: eight dwelling units per acre.

Maximum coverage (residential):

Principal buildings: 20%.

Parking lots and accessory buildings: 30%.

Maximum height:

Residential: three stories to a maximum of 35 feet.

Industrial: as per the Schedule of Regulations of the Clifton Zoning Ordinance.[5]

Editor's Note: Said schedule is included at the end of this chapter.

Off-street parking (residential):

One and five-tenths spaces per dwelling unit (market rate).

One and zero-tenths spaces per dwelling unit (Mt. Laurel).

A landscaped area on the site shall be set aside as reserve parking for 0.5 cars per market rate unit to be used for future parking if monitoring of the parking usage reveals that additional parking is needed. The reserve parking area shall be landscaped but shall not be counted toward the fifty-percent open space requirements. This area may lie below the flood hazard elevation.

Off-street parking (industrial); as per the requirements of Schedule of Regulations for industrial uses.

All other parking regulations in Article X of the Clifton Zoning Ordinance with respect to size of stall, setbacks and aisle widths shall apply.

Off-street loading: as per the requirements of Article X of the Clifton Zoning Ordinance.

Minimum open space (residential): 50%.

Minimum requirement for building setbacks: such as will encourage good design and flexibility, subject to approval of reviewing agency.

At least 20% of the dwelling units in the PD-3 Zone shall be designated for affordable housing.

Planned Development Option No. 1 (PDO-1). Notwithstanding any other requirements or provision of this chapter, in the PDO-1 District the following regulations shall apply:

[Added 4-16-1991 by Ord. No. 5479-91]

Permitted principal uses:

Executive and administrative offices for corporations or financial institutions.

Professional offices.

Retail shops not exceeding 20% of aggregate floor area of the principal uses in the PDO-1 Zone or each phase thereof.

Restaurants without drive-in facilities.

Hotels and conference centers.

Theaters.

Accessory uses:

Parking structures up to 45 feet in height:

Maximum coverage shall be 15% of lot area.

Not more than 50% of the roof surface may be used for parking. The remainder of the roof surface shall be landscaped or used for recreation.

Setback requirements are the same as for principal buildings.

Exterior finish shall match the finish of the principal building.

Industrial uses permitted in the M1, M-2 and M-3 Zones, when accessory to a permitted office use and not exceeding 50% of the office floor area.

Indoor and outdoor recreational uses intended to serve principally the occupants of the principal uses.

Conditional uses:

Research laboratories, except those of a chemical or biological nature which the Planning Board determines upon investigation may be detrimental to the health, welfare and safety of the residents of the City of Clifton.

Buffer: There shall be a planted buffer at least 100 feet in depth adjoining any residential zone or residential use. The buffer shall consist of natural vegetation; new plantings selected to provide a year-round screen at least eight feet high at planting; and any physical barrier, such as a brook. The buffer shall not be encroached upon in any manner and shall not be penetrated by driveways or access roads, other than gate-controlled emergency access lanes.

Maximum height of principal buildings: 12 stories; 170 feet including above-ground parking levels, if provided.

Minimum yard requirements:

Front: 75 feet.

Rear and side: 1/2 of the height of the building but not less than 25 feet.

Adjoining residential zone or residential use: one foot for each foot of building height but not less than 100 feet.

Minimum open space: 33%; must be landscaped or plaza areas.

Coverage:

Maximum coverage by principal uses shall be as follows:

Number of Stories	Maximum Coverage (percent)	Land Area per Square Foot of Ground Floor Building Area (square feet)
4 or less	50	2.000
5	45	2.222
6	40	2.500
7	35	2.857
8 to 12	30	3.333

In those cases where there are multiple buildings on a single tract, the allowable coverage shall be calculated by relating in a pro rata basis the total ground floor area of all buildings (taking account of the applicable allowable maximum coverage for each) to the total area of the tract, using for each individual building the appropriate multiplier set forth in the third column of the table.

Tract size:

Minimum: 10 acres.

Average lot width: 200 feet.

Average lot depth: 200 feet.

Loading:

Industrial uses: As per the requirements contained in the Schedule of Regulations for industrial uses.

Office uses: two loading spaces for the first 200,000 square feet of gross floor area of a principal building, plus one loading space for each additional 150,000 square feet or major fraction thereof, a minimum of two per building.

Retail uses: As per existing requirements, Column 8, Schedule of Regulations.[6]

Editor's Note: The Schedule of Regulations as to Bulk, Height and Other Requirements, as well as any amendments thereto, is on file in the office of the City Clerk, where it is available for examination by the public during regular business hours.

Parking: as per Article X and the requirements of the Schedule of Regulations with a reduction of one space for every transit pass the land owner purchases. The land owner must agree to buy these passes for a period of 10 years as evidenced by a contract with New Jersey Transit and secured by a lien on the property. In order to take advantage of this provision, the site must be served by two or more mass transit routes. These routes must service at least three communities other than Clifton. The serviced communities of one route must be different or in addition to communities serviced by the other.

Ingress and egress: In the PDO-1 Zone, ingress and egress to any development site must be from at least two different county or state roads. Under no circumstances shall access or egress for a site in the PDO-1 Zone be from the following streets or extensions thereof. Fornelius Avenue, Clifton Boulevard or Svea Avenue. This provision is intended to minimize the traffic impact from the planned development on the contiguous established residential area.

Internal circulation: Primary internal circulation roads shall have a pavement area of not less than 48 feet in width and a right-of-way of not less than 62 feet in width. The Planning Board shall determine during site plan approval as to the function of the internal circulation roads. There shall be no parking permitted along internal roads and driveways.

Permitted signs:

One ground sign at each principal entrance to the planned development.

Maximum display area: 300 square feet per sign face.

Maximum height above average grade of roadway: 20 feet.

Minimum setback from any property line: 15 feet.

Ground signs shall not obstruct views so as to cause a hazard to pedestrian or vehicular traffic.

Flat signs mounted on a building at each building entrance.

Maximum sign display area: 1% of the facade upon which the sign is mounted, or 100 square feet, whichever is greater.

Directory signs, meaning signs which identify and/or provide direction to a number of business establishments, services or other occupants or uses within a planned development.

Maximum number: one for each principal building entrance.

Maximum display area: 100 square feet per building.

No internally illuminated sign shall be permitted except stencil sign or signs which have internally lighted letters or logos only. No more than one logo shall be permitted per building.

Stormwater management: On-site stormwater retention shall be required, based on design criteria of the City Engineer; or Passaic County in cases where the county has statutory jurisdiction.

Planned Development Option No. 2 (PDO-2). Notwithstanding any other requirements or provisions of this chapter in the PDO-2 District, the following regulations shall apply:

[Added 4-16-1991 by Ord. No. 5479-91]

Permitted uses:

Professional and business offices.

Retail stores and service establishments.

Handicraft shops producing articles for sale on or off premises.

Financial institutions.

Uses specifically prohibited. The following uses and structures are specifically prohibited in the PDO-2 Zone:

Any use providing drive-in or drive-through service.

Outdoor sales, display or storage, except as permitted under Article VI, Conditional Uses, PDO-2 District.

Retail establishments commonly known as "flea markets," meaning regularly conducted or periodic sales activity held within a building, structure or outdoor area where stalls or undivided sales areas are leased, rented or otherwise provided to various merchants on a day-to-day, week-to-week or month-to-month basis.

Conditional uses:

Warehouses for on-premises or off-premises establishments, subject to the following requirements:

The warehouse use shall not exceed 25% of the total floor area in a building.

The warehouse use on the ground floor shall not exceed 50% of the total warehouse floor area permitted in Subsection Q(3)(a)[1].

The warehouse use shall be located at the rear of a building.

Parking shall be provided at a ratio of one space for every two employees but not less than one space for every 2,000 square feet of warehouse floor area.

Outdoor retail sales of plant materials and garden supplies, including greenhouses, subject to the following:

Storage of bulk materials shall be screened from view from a public street in a manner approved by the Planning Board.

The area devoted to uses permitted in this section shall not exceed 20,000 square feet.

All movable display stands and other equipment shall be stored indoors or within an enclosure at the conclusion of the season. Any site plan submitted for this use shall make provision for such a storage area.

Off-street parking shall be provided at a ratio of one space for every 1,000 square feet of lot area devoted to this use, but not less than 25 spaces.

Setbacks.

[a]

Greenhouses: 20 feet to any street right-of-way line; five feet to any other lot fine.

[b]

Outdoor sales, storage or display area: 50 feet from any street right-of-way; five feet from any other side or rear property line. The outdoor storage and display of plants and flowering shrubs only may be permitted within 20 feet of any street right-of-way line.

Restaurants and fast-food restaurants without drive-in or drive-through service. There shall be parking provided at a ratio of one space per two seats, plus one space for each employee.

Dwelling quarters for watchman or caretaker and their families employed upon and in connection with a business establishment.

Minimum bulk requirements:

Lot area: three acres for individual lots.

Tract area: 10 acres for lots to be developed under the planned development option.

Lot width: 200 feet.

Lot depth: 400 feet.

Front yard: 50 feet; covered pedestrian walkways: 20 feet.

Rear yard: 20 feet.

Side yard: 20 feet each; 40 feet both; and 50 feet street side.

Maximum coverage: 40%, plus accessory parking structures.

Maximum height: three stories; 45 feet (principal buildings).

Accessory uses:

Parking garages subject to the following regulations:

Maximum lot coverage: 20%.

Maximum height: two stories: 20 feet.

Minimum setback:

[a]

Front: 50 feet.

[b]

Side abutting a street: 50 feet.

[c]

Interior side: 10 feet.

[d]

Rear: 10 feet.

Off-street parking and loading: as per Article IV, Schedule of Regulations, and Article X, Off-Street Parking and Loading.

Permitted signs:

One ground sign for each facade of a principal building which faces a public street. In no event shall the number of ground signs in a planned development exceed three signs. Traffic directionally, safety and related signs shall not be considered ground signs.

Maximum display area: 300 square feet per sign face.

Maximum height above average grade of roadway: 20 feet.

Minimum setback from any property line: 10 feet.

Ground signs shall not obstruct views so as to cause a hazard to pedestrian or vehicular traffic.

Flat signs mounted on building walls.

Maximum sign display area: 10% of the area of the wall upon which the sign is mounted.

Directory signs, meaning signs which identify and/or provide direction to a number of business establishments, services or other occupants, or uses within a planned development.

Maximum number: one for each principal building entrance.

Maximum display area: 100 square feet per sign face.

No internally illuminated sign shall be permitted except stencil signs or signs which have internally lighted letters or logos only.

Planned Mixed Use District (P-MU). Notwithstanding any other requirements or provisions of this chapter, in the P-MU District, the following regulations shall apply:

[Added 7-16-1996 by Ord. No. 5816-96]

Permitted uses.

Limited manufacturing uses, including the manufacture, compounding, processing, packaging or treatment involved in the following operations or in processing the following products:

Wearing apparel.

Art goods, including custom jewelry, art metal, jewelry and needlework.

Cameras and photographic equipment, but not including photographic film or chemicals.

Hats and millinery products.

Precision instruments, including but not limited to dental, drafting and medical instruments.

Musical instruments.

Leather handbags, wallets and novelties.

Novelties and notions.

Optical goods and equipment.

Orthopedic appliances.

Printing and publishing, including newspaper publishing, engraving, photo engraving and lithography.

Timepieces, including watches, clocks, gauges and other similar measuring devices.

Drugs, perfumes, cosmetics and other toiletry preparations, specialty cleaning, polishing and sanitation preparations and any components thereof.

[14]

Research and laboratory facilities.

[15]

Animal hospitals.

[16]

Repair and machine shops without limit as to size.

[17]

Any other process of manufacture, assembly, alteration, conversion or treatment, except as specifically prohibited.

Commercial uses, including the following:

Professional and business offices.

Retail stores, service establishments and supermarkets.

Hotels.

Theaters.

Restaurants without drive-through facilities and/or not providing counter service.

Indoor recreation centers, including health and fitness clubs.

Post office and police substation facilities.

Day-care facilities, licensed by the State of New Jersey.

Planned commercial development.[7]

Editor's Note: Former Subsection R(1)(c), listing permitted residential uses, which immediately followed this subsection, was repealed 11-7-2001 by Ord. No. 6240-01.

Permitted accessory uses.

A cafeteria as an accessory use to a permitted use in the P-MU District located on the same lot as the principal use, provided that its purpose is to serve food and drink to the employees of the principal use to which it is an accessory and guests of the building management. All signs in connection with the cafeteria shall be limited to necessary directional signs, each of which shall not exceed two square feet in area.

Parking lots and parking garages or structures which cannot exceed 45 feet in height and shall have an exterior finish to match the exterior finish of the principal building(s).

Uses specifically prohibited.

Those uses referred to as inappropriate to the City of Clifton, detrimental to the public health, safety, welfare and morals and which may not be established in any zoning district created in the City of Clifton Zoning Ordinance.

Any process of manufacture, assembly, alteration, conversion or treatment which constitutes a nuisance by reason of smoke, odor, dust or noise.

The manufacture or refining of asphalt, blast furnaces, foundries, forge shops and boiler works; stockyards and slaughterhouses (exclusive of poultry killing); the generation of heat or power unless with the use of smokeless fuels or with the use of effective smoke and fly ash elimination equipment; the manufacture or processing of cork, fertilizer, linoleum, oilcloth, glue, gelatin, paint, oil or varnish.

Ammonia, chlorine or bleaching powder manufacture; crematory; creosote treatment or manufacture; distillation of wood, coal or bones; fat rendering; fertilizer manufacture; gas manufacture; lamp black manufacture; petroleum refining; storage, curing or tanning of rawhides or skins; soap manufacture or refining of tallow, grease or lard; tar distillation or manufacturing; manufacturing of tar roofing or tar water roofing materials.

Any process of assembly, manufacture, alteration, conversion or treatment constituting a hazardous use, including but not limited to the manufacture or bulk storage of fireworks and explosives and the manufacture of illuminating gas and other explosive or poisonous gases, except as may be incidental to a permitted industrial use.

The storage of crude oil or any of its volatile products or other highly inflammable gases or liquids in above-ground tanks having a unit capacity of more than 100,000 gallons. All above-ground tanks having a unit capacity in excess of 100,000 gallons shall not be less than 100 feet from the nearest property line and shall be properly diked with dikes having a capacity equal to 1 1/2 times the capacity of the subject tank or tanks.

Junkyards, automobile graveyards or dismantling plants and the storage of secondhand materials.

The baling or treatment of junk, old iron, rags, bottles or scrap paper or storage in connection therewith.

The processing, treatment, packaging, smoking or curing of meat, fish, coffee, cocoa beans, pickles, sauerkraut or vinegar.

Building materials storage yards, including such materials as sand, plaster, brick, cement, lumber, roofing materials, boilers, tanks, radiators, pipes and fittings.

Coal and coke storage yards.

Dog pounds and kennels.

Used car lots.

New car sales and lease agencies.

Auto repair facilities.

Sewage treatment plants or processing of any by-products thereof.

(q)

Truck terminals and warehouses.

Concept plan required. For any development proposed within the Planned Mixed Use Zone District, a concept plan shall be required, except a waiver shall be permitted where the aggregate total of not more than 5% of the existing footprint is to be added for any existing building to be determined from the date of the adoption of this section. At a minimum, the concept plan shall indicate the proposed location of all buildings, structures, parking, landscaping, open space, utilities, signage, pedestrian walkways and driveways. The concept plan shall be submitted to the Planning Board for review prior to any formal preliminary site plan.

Greenway. A greenway shall be established as an open space amenity and to serve as the core of the pedestrian circulation system along the Third River flowing through the property. The greenway shall consist of landscaping and pedestrian walkways and shall be measured to include a minimum fifteen-foot landing at the top of the bank of the Third River with a slope not to exceed 2%. The greenway may be included as part of a required landscaped buffer or minimum open space requirement.

Landscaped buffer. A landscaped buffer shall be provided in any yard fronting on a public street, including the proposed collector road(s). The buffer shall be a minimum of 35 feet measured from the front or street property line into the subject property. Within the buffer, a meandering berm or appropriate heavy landscaping, including ornamental and screening plantings, are to be provided as indicated in a landscape plan. The meandering berm shall measure between four and six feet in height with appropriate landscaping to provide a year-round effective landscaped visual screen, particularly in front of surface parking lots and maintenance areas. The heavily landscaped areas are to be provided directly in front of building facades for aesthetic purposes and to prevent any glare or other nuisances from distracting drivers. Also permitted within the landscaped buffer area are pedestrian walkways which shall be provided across the street frontage and interconnect with adjacent lots, as well as providing access into the individual lots per Subsection R(7) hereof. Permitted signage, fencing, underground utilities and utility connections and driveways may also be provided within the required buffer area. No buildings, structures or parking and loading areas may otherwise be provided in the buffer.

Pedestrian circulation. Pedestrian walkways shall be provided along all public street frontages with building lots and connecting with parking areas and buildings served on the lots by the most direct route. The walkways shall be unencumbered by parked cars, berms or plantings.

Number of uses or structures permitted. There shall be no limit as to the number of principal uses or structures per lot if the bulk and use requirements are met as provided in this chapter. Mixed-use structures are encouraged where practicable.

Overall land use allocations in the P-MU District.

Retail stores, service establishments and supermarkets shall be limited to 32% of the total area of the P-MU District.[8]

Editor's Note: Former Subsections R(9)(b) and (c), regarding residential uses and garden apartments, which immediately followed this subsection, were repealed 11-7-2001 by Ord. No. 6240-01.

Required lot area.

The minimum lot area for permitted nonresidential uses is 40,000 square feet.[9]

Editor's Note: Former Subsections R(10)(b) and (c), regarding garden apartments, townhouses and high-rise suburban apartments, which immediately followed this subsection, were repealed 11-7-2001 by Ord. No. 6240-01.

Required setbacks.

For all permitted nonresidential uses, there shall be a minimum of a thirty-five-foot setback required from any public street upon which the nonresidential use has frontage. In addition, any yard which abuts a residential use must be set back a minimum of 25 feet from the respective property line. The resulting area that is created by the required setback must be appropriately landscaped and bermed. Sidewalks, fencing, underground utilities and utility connections, driveways and signage may be provided within the required setback areas, as provided in Subsection R(6).

(Reserved)[10]

Editor's Note: Former Subsection R(11)(b), regarding residential uses, was repealed 11-7-2001 by Ord. No. 6240-01.

A five-hundred-foot minimum setback shall be provided between any new residential building in the P-MU Zone and the M-2 Zone boundary.

Nonresidential maximum lot coverage. The maximum lot coverage for all impervious surfaces for permitted nonresidential uses is 75%.

Nonresidential maximum building coverage.

The maximum building coverage for permitted nonresidential uses is 35%.

The floor area of any one retail or commercial use shall not exceed 70,000 square feet of gross floor area for any retail center, planned commercial (center) development or mixed-use development, except for a major commercial anchor use, which shall be subject to and conform with the findings of a planned development as defined by the Municipal Land Use Law, N.J.S.A. 40:55D-45, and in accordance with an approved general development plan. Restaurants, office buildings, theaters, hotels and other permitted nonretail service or supermarket uses shall be considered major commercial anchors.

[Amended 6-4-1997 by Ord. No. 5891-97]

Minimum open space. A minimum of 25% of any property to be developed in the P-MU District shall be reserved for open space. This shall include any portion of the greenway and the landscaped buffer that may be on the property. The landscaped buffer shall be continuous, except for permitted intrusions as indicated in Subsection R(6).

[Amended 6-17-1997 by Ord. No. 5901-97]

Maximum building height.

For all permitted nonresidential uses, there shall be a maximum building height of 10 stories; however, only a three-story maximum building height shall be permitted within 200 feet of the right-of-way of River Road, Kingsland Road and Main Avenue.

(Reserved)[11]

Editor's Note: Former Subsection R(15)(b), regarding garden apartments and townhouses, was repealed 11-7-2001 by Ord. No. 6240-01.

(Reserved)[12]

Editor's Note: Former Subsection R(15)(c), regarding high-rise suburban apartments, was repealed 11-7-2001 by Ord. No. 6240-01.

For any building proposed over three stories in height in the P-MU District, the exterior elevations shall be designed to provide appropriate horizontal and vertical relief changes in order to provide a tier or layered arrangement of floors. These changes are intended to provide an attractive design alternative to the typical box-like building tower and promote more light to filter to surrounding uses. Balconies, window treatments, overhangs and other architectural features are encouraged to provide additional relief and enhancement to the overall building design.

(16)

(Reserved)[13]

Editor's Note: Former Subsection R(16), Residential density and development standards, was repealed 11-7-2001 by Ord. No. 6240-01.

(17)

Parking requirements.

The requirements of Article X regarding off-street parking and loading and the Schedule of Required Off-Street Parking and Loading Spaces contained in the Clifton Zoning Ordinance shall apply with respect to the minimum number of required parking spaces unless otherwise indicated herein. These requirements shall not be regarded as inflexible as they pertain to a planned commercial development where the minimum off-street parking requirements shall be 4 1/2 spaces per 1,000 square feet of gross floor area, and the number of off-street loading spaces shall be determined at site plan review by the Planning Board based on user needs.

For all permitted nonresidential uses, the number of required parking spaces may be reduced on a space-per-space basis if the applicant can demonstrate that suitable alternative parking spaces are located within 600 feet of the subject property through a shared parking arrangement with an adjoining use. Those spaces to be counted towards this shared parking arrangement must be demonstrated to be available during the hours of operation of the affected uses, and access to those spaces must be provided for vehicles and pedestrians in a safe and efficient manner, including shared driveways and interconnected walkways where possible. The methodology used by the developer to calculate the number of parking spaces required shall take into consideration the methods recommended in Shared Parking, published by the Urban Land Institute (1984), or other recognized standards acceptable to the approving agency.

Any developer of a place of employment or public assembly shall undertake a study, conducted by a transportation planner or engineer, to determine the modal split for travel by its employees and/or visitors. Based on the expected distribution of travel modes, a parking requirement shall be determined and approved by the appropriate municipal agency. The agency shall require the applicant to construct or pave only the number of parking spaces determined to be necessary, based on the agreed upon results of the modal split study. From time to time, the Building Inspector may conduct site visits to confirm that the amount of parking provided is being utilized by the development and, in fact, that the parking remains sufficient to meet the needs of the development. If at any time it is determined that this is no longer the case, the construction of additional parking spaces may be required to meet the demand.

For all permitted nonresidential uses, if the applicant can demonstrate that not all of the required number of spaces are needed at the time of initial occupancy and operation of the use(s), then the additional required parking which is demonstrated as not needed may be banked or reserved for future parking on a space-per-space basis. The location of the future parking area shall be indicated on the site plan and left as a grassed open area.

A reduction of one required off-street parking space is permitted for every transit pass the landowner purchases to be used by employees. The landowner must agree to buy these passes for a period of 10 years as evidenced by a contract with New Jersey Transit and secured by a lien on the property. In order to take advantage of this provision, the site must be served by two or more mass transit routes. These routes must serve at least three communities other than Clifton. The serviced communities of one route must be different or in addition to communities serviced by the other.

There shall be no parking along any public streets or driveways.

Where possible, connections or provisions for future connections to abutting parking lots serving retail, commercial or industrial uses shall be provided.

The minimum parking stall size for all required spaces for retail stores, service establishments and supermarket uses, as well as for the remaining nonresidential uses in the P-MU Zone District, shall be nine feet by 18 feet. However, the minimum parking stall size shall be reduced to eight feet by 18 feet for 30% of all required spaces for the remaining nonresidential uses in the P-MU Zone.

(18)

Parking priority.

Where any office, industrial, warehouse, institutional or other use is projected to employ 50 or more persons, parking areas shall be designed and located so as to facilitate transit, bicycle and pedestrian access. Parking spaces closest to the building entrances, in order, shall be reserved for:

People with disabilities (all types of parking).

Van pool vehicles.

Car pool vehicles.

Bicycle lockers and/or stands shall be provided as close to building entrances as possible and may be located in front of the building. If the building is served by a public bus line or if a company bus is expected to transport employees, a bus pullout or parking area and a bus shelter shall be provided as close to a building entrance as possible, either within the street right-of-way or on the site.

(19)

Permitted signs.

Signage and related site graphics shall be designed as a coordinated component of the overall development. The design format and materials of any sign shall be consistent with the site architecture in the development and with one another. No flashing or moving elements will be permitted.

All signs shall be located and designed in a manner which will not obstruct views so as to cause a hazard to pedestrian or vehicular traffic.

One ground sign at each lot frontage on a public street.

Maximum display area: 400 square feet per sign face for frontage on Route 3 and 100 square feet per sign face for frontage on all other public streets.

Maximum height above average grade of roadway: 20 feet for frontage on Route 3 and six feet for frontage on all other public streets.

Minimum setback: five feet from the street property line.

Maximum sign display area: 10% of the facade upon which the sign is mounted or 50 square feet, whichever is greater. For each anchor store in a development so designated by the developer and having more than one facade facing a public street, an additional flat-mounted wall sign not exceeding 10% of the secondary facade or 50 square feet, whichever is greater, shall be permitted.

Flat signs or logos may also be permitted to be located on architectural elements, such as towers and walls that may be in remote areas of the site, and may not exceed 50 square feet of total signage per face of the element upon which it is positioned, not to exceed a total of two such additional signs or logos per development.

Directory signs, meaning signs which identify and/or provide direction to a number of business establishments, services or other occupants within the planned development.

Maximum number: One per each property frontage on public streets.

Maximum display area: 50 square feet per sign.

No internally illuminated sign shall be permitted except a stencil sign or signs which have internally lighted letter or logos only.

Freestanding signs necessary for direction, safety, traffic or parking control on the site shall be reviewed and approved by the Planning Board with the intent that the number of signs will be restricted to the minimum necessary, will be visually unobtrusive and will be consistent in format, lettering and coloring.

The sign shall contain the words "entrance," "exit," or "one-way" or similar directional instructions.

The sign shall not exceed 27 inches in length or 12 inches in height.

The top of the sign shall not exceed 60 inches in height from the ground at the base of the sign.

Any lighting other than shielded flood- or spotlights shall only be permitted if it is interior white diffused.

Traffic signs shall comply with Subtitle 1 of Title 39 of the Revised Statutes of New Jersey (standard traffic signs).

No signs shall protrude above the building cornice. Unless otherwise approved by the Planning Board, letters shall be mounted directly on walls. The location of adjacent signs shall be coordinated as to placement, color and style.

(20)

Site lighting.

Lighting for safety shall be provided at intersections, along walkways, at entryways, between buildings and in parking areas.

Well designed soft lighting of the building exterior will be permitted, provided that the light source is not visible and that it complements the architecture. The lighting should not draw inordinate attention to the building.

Parking lot service area and roadway lighting will be provided by freestanding fixtures with cut-off light sources to assure that the source shall be shielded and directed away from public streets and adjacent parcels. The material and color of the fixtures will be evaluated in terms of their compatibility with the architecture and natural site characteristics. The height and spacing of the light standards shall be provided in order to minimize the impact of lighting off site while retaining the necessary safety aspects.

No mercury vapor lighting is permitted.

(21)

Reciprocal maintenance agreements required. Any developer within the P-MU District shall enter into a reciprocal maintenance agreement at the time of final approval in order to provide for the maintenance of any common open space, greenways, pedestrian plazas, driveways, pedestrian walkways and such other improvements as deemed necessary, not subject to maintenance by the City of Clifton or any other governmental entity.

(22)

Refuse disposal areas. All refuse disposal areas within the P-MU District shall be located adjacent to the rear or side of the building with adequate access. Refuse disposal areas shall not be located within the parking area or required landscaped buffer. The refuse disposal areas shall contain appropriate landscaping to form a year-round effective visual screen.

Planned Residential Community Zone District (PRC). Notwithstanding any other requirements or provisions of this chapter, in the PRC District the following regulations shall apply:

[Added 10-6-1998 by Ord. No. 6002-98]

Permitted uses:

Flats.

Townhouses.

Mid-rise dwellings.

Permitted accessory uses:

Park and recreation facilities set aside for the use of the residents in the development.

Clubhouse facilities for the use of the residents in the development.

Parking lots and garages.

Maintenance buildings, including gatehouse, security facilities and storage for equipment and supplies.

Prohibited uses. Nonresidential uses are specifically prohibited.

Concept plan required. For any development proposed within the Planned Residential Community Zone District, a concept plan shall be required. At a minimum, the concept plan shall indicate the proposed location of all buildings, structures, parking, landscaping, open space, utilities, signage, pedestrian walkways and driveways. The concept plan shall be submitted to the Planning Board for review prior to any formal preliminary site plan.

Greenway. A greenway shall be established as an open space amenity and to serve as the core of the pedestrian circulation system along the Weasel Brook flowing through the property. The greenway shall consist of landscaping and pedestrian walkways and shall be measured to include a minimum fifteen-foot landing at the top of the bank of the Weasel Brook, with a slope not to exceed 2%. The greenway may be included as part of a required landscaped buffer and/or minimum open space requirement.

Landscaped buffer. A landscaped buffer shall be provided in any yard fronting on a public street, as well as in any required setback area pursuant to Subsection S(11) of these regulations. The buffer shall be a minimum of 25 feet measured from the property line into the subject property. Within the buffer, a berm including landscaping throughout with ornamental and screening plantings is to be provided as indicated in a landscape plan. The berm shall measure between four to six feet in height with appropriate landscaping to provide a year-round effective landscaped visual screen, particularly in front of surface parking lots and maintenance areas. Also permitted within the landscaped buffer areas are pedestrian walkways which shall be provided across the street frontage and interconnect with adjacent lots, as well as providing potential future access into those lots to the east per Subsection S(7) hereof. Permitted signage, fencing, underground utilities and utility connections and driveways may also be provided within the required buffer area. No buildings, structures or parking and loading areas may otherwise be provided in the buffer.

Pedestrian circulation. Pedestrian walkways shall be provided along all public street frontages (except major highways) and connection with parking areas and buildings served on the lots by the most direct route. The walkways shall be unencumbered by parked cars, berms or plantings.

Required lot area. The minimum lot area is 30 acres.

Required density. The maximum permitted gross density is 15 dwellings per acre, although net densities may be higher in certain portions of the tract subject to the other requirements of this chapter.

Housing type and bedroom mix. A minimum of three of the permitted housing types in Subsection S(1) must be provided such that no one housing type exceeds 75% of the total dwelling units provided. A minimum of 35% of the total units shall be reserved for senior citizens aged 55 and over. No residential unit shall contain more than two bedrooms. Conversion of any other room within a housing unit into a bedroom shall be prohibited.

Required setbacks.

For all permitted residential uses, there shall be a minimum thirty-foot setback required from any public street upon which the residential use has frontage. In addition, all other yards shall be set back a minimum of 25 feet from adjoining residential properties and 30 feet from adjoining nonresidential property lines, The resulting area that is created must comply with the required landscape buffer area requirement, as indicated in Subsection S(6). Sidewalks, fencing, driveways, underground utilities and utility connections, and permitted signage may be provided in the required setback areas, as provided in Subsection S(7).

There shall be a minimum of 35 feet provided between any buildings having three stories or more and 25 feet between any buildings having fewer than three stories.

Minimum open space and recreation. A minimum of 25% of any new development in the PRC District shall be reserved for open space. This shall include any portion of the greenway and the landscaped buffer that may be on the property. The landscaped buffer shall be continuous, except for permitted intrusions as indicated in Subsection S(7). A central open space area shall be provided for the use of the residents, with appropriate landscaping, access and related amenities, which shall be connected to the greenway.

Maximum building height.

Notwithstanding the permitted residential buildings heights in this section, only three-story maximum building height shall be permitted within 100 feet of the right-of-way of Colfax Avenue.

For any new building proposed over three stories in height in the PRC District, the exterior elevations shall be designed to provide appropriate horizontal and vertical relief changes. These changes are intended to provide an attractive design alternative to the typical "box-like" building tower and promote more light to filter to surrounding uses. Balconies, window treatments, overhangs and other architectural features are encouraged to provide additional relief and enhancement of the overall building design.

All townhouses in the PRC Zone District shall not exceed three stories or 35 feet in height.

All flats in the PRC Zone District shall not exceed three stories or 40 feet in height.

Mid-rise dwellings shall not exceed six stories or 70 feet in height.

Residential development standards.

The developers shall be responsible for the collection and disposal of garbage therein. No incinerators shall be permitted. Refuse areas containing dumpsters or compactors shall be provided in such number and having such areas, respectively, as may be determined necessary by the Health Officer to adequately serve the health and welfare of the occupants of each dwelling in the PRC Zone.

All public utility facilities, including but not limited to electrical and telephone wires, sewers and sewer connections, and gas and water lines, shall be installed beneath the surface of the ground.

Parking facilities shall be restricted for the use of residents in the PRC development and their guests.

Development conforming to the regulations in this chapter within the PRC Zone shall be subject to site plan approval as set forth in Article VII of this chapter.

Parking requirements.

Off-street parking shall be provided in the amount of two parking spaces per dwelling unit. A maximum of 20% of the required spaces may be reduced in size for compact cars to measure eight feet by 18 feet at a minimum.

There shall be no parking along any public streets or internal driveways or main access aisles to be so designated during site plan review. All parking must be approved parking stalls or spaces.

All parking areas shall be lighted with an average of 1.5 footcandles provided throughout.

(16)

Permitted signs.

Signage and related site graphics shall be designed as a coordinated component of the overall development. The design, format and materials of any sign shall be consistent with the site architecture in the development and with one another. No flashing or moving elements will be permitted.

All signs shall be located and designated in a manner which will not obstruct views so as to cause a hazard to pedestrian or vehicular traffic.

One ground sign at each lot frontage on a public street. This shall be a ground sign with a maximum height of 10 feet above the average grade of the roadway. The maximum sign display area is 150 square feet per sign. The minimum setback is 25 feet from the street property line.

An internally located directory sign identifying buildings, activity areas, parking lots and other elements of the development, to be placed near each entrance, with a maximum 50 square feet per sign.

Flat signs shall be permitted on the exterior of the building at locations approved by the Planning Board. They shall be placed on the building surface, provided that they are clearly integrated with the site architecture. A maximum sign display area of 50 square feet per building shall be permitted for identification purposes.

No internally illuminated sign shall be permitted.

Freestanding signs necessary for direction, safety, traffic or parking control on the site shall be reviewed and approved by the Planning Board with the intent that the number of signs will be restricted to the minimum necessary, will be visually unobstructive, and will be consistent in format, lettering and coloring.

The sign shall contain the words "entrance," "exit," or "one-way" or similar directional instructions.

The sign shall not exceed 27 inches in length or 12 inches in height.

The top of the sign shall not exceed 60 inches in height from the ground at the base of the sign.

Any lighting other than shielded floor or spot lights shall only be permitted if it is interior white diffused.

Traffic signs shall comply with Subtitle 1 of Title 39 of the Revised Statutes of New Jersey (Standard Traffic Signs).

A maximum of one temporary sales/rental signs with a maximum display area of 576 square feet and a height not to exceed 20 feet shall be permitted along each public street frontage. The sign(s) must be removed no longer than three months after the final certificate of occupancy is issued for the development.

(17)

Site lighting.

Lighting for safety shall be provided at internal intersections, along walkways, at entryways, between buildings and in parking areas and common open space areas used by the residents and/or the public.

Well-designed soft lighting of the building exterior will be permitted, provided that the light source is not visible and that it complements the architecture. The lighting should not draw inordinate attention to the building.

Parking lot and internal roadway lighting will be provided by freestanding fixtures with shielded light sources to assure that the source shall be directed away from public streets and adjacent parcels. The material and color of the fixtures will be evaluated in terms of their compatibility with the architecture and natural site characteristics. The height and spacing of the light standard shall be provided in order to minimize the impact of the lighting off-site while retaining the necessary safety aspects.

No mercury vapor lighting is permitted.

(18)

Payment.

The developer shall make a payment to the City of Clifton calculated as follows: Number of units to be constructed x 20% x $20,000.

The aforesaid payment shall be used by the City of Clifton in its discretion.

(19)

Refuse disposal areas. All refuse disposal areas within the PRC District shall not be located in any front yard and shall have adequate access. Refuse disposal areas shall not be located within the required landscaped buffer. The refuse disposal areas shall contain appropriate landscaping to form a year-round effective visual screen.

(20)

Parking garages.

Parking garages may be provided as an accessory use to be used only for the residents living in the development upon which the garage is located. Spaces in the parking garage may not be sold or leased to any outside residential or commercial interest.

When a separate parking structure is not integrated with a residential structure, the parking garage may not exceed three stories or 40 feet in height. It must be set back 25 feet from any driveway or internal access road, 35 feet from any residential building and 50 feet from any buffer, open space or recreational amenity on the subject property. The facade must be designed to reflect the same style as the residential building, utilizing the same building materials with landscaping to provide adequate year-round screening, where appropriate.

Planned Senior Housing and Municipal Recreation Complex District (PSRC). Notwithstanding any other requirements or provisions of this chapter, the following regulations shall apply in the PSRC District:

[Added 1-2-2001 by Ord. No. 6170-01]

Permitted uses:

Affordable senior citizen housing and housing for handicapped residents.

Municipal recreation facilities.

Permitted accessory uses:

Facilities for community organizations representing senior citizens and handicapped residents located within residential building(s) in the PSRC District.

Parking lots.

Maintenance buildings, security facilities and storage structures for equipment and supplies.

Refreshment stand for municipal recreation facilities.

Conditional use:

Assisted living facilities.

Specifically prohibited uses. All nonresidential uses are specifically prohibited, except as referred to above, and including any ancillary retail or personal service establishment that may be located in and supplement the services provided by the residential building(s) within the PSRC District.

Landscape buffer. A landscape buffer shall be provided between any adjoining residence, commercial or industrial property. The buffer shall be a minimum of 90 feet measured from the property line into the subject property. The buffer shall contain a landscaped berm measuring four to six feet in height, providing an effective year-round visual screen. Pedestrian walkways, fencing, underground utilities and utility connections are permitted in the landscape buffer.

Bulk requirements.

The minimum lot area is six acres.

The maximum permitted gross density is 25 dwellings per acre.

The minimum setback from any other public street or drive is 60 feet.

The minimum setback from any other property line is 35 feet.

The maximum building coverage is 15%.

The minimum amount of open space to be provided is 25%.

The maximum building height is four stories or 45 feet to the midpoint of the roof as averaged on all sides of any building.

Off-street parking. There shall be one off-street parking space provided for each dwelling unit and 40 spaces for each athletic field.

Residential development standards.

The developers shall be responsible for the collection and storage of garbage therein. No incinerators are permitted. Refuse areas containing dumpsters or compactors shall be provided in such number and having such areas, respectively, as may be determined to be necessary by the Clifton Health Officer to adequately serve the health and welfare of the occupants residing within the PSRC District.

All refuse disposal areas within the PSRC District shall not be located in any front yard and shall have adequate access. Refuse disposal areas shall not be located in the required landscaped buffer. The refuse disposal areas shall contain appropriate landscaping to form an effective year-round visual screen, as appropriate.

All public utility facilities, including but not limited to electrical and telephone wires, sewers and sewer connections and gas and water lines, should be installed underground.

Parking facilities shall be restricted for the use of the residents and guests of any residential buildings and persons attending events or otherwise using the municipal recreation complex, except as emergency shared parking provided in agreement with the City of Clifton.

Site plan approval is required for any proposed use which conforms to the PSRC District regulations in this chapter pursuant to Article VII.

Permitted signs.

Signage and related site graphics shall be designed as a coordinated component of the overall development. The design, format and materials composing any sign shall be consistent with the site architecture in the development and with one another. No flashing or moving elements will be permitted except in conjunction with athletic fields.

All signs shall be designed and located in such a manner which will not obstruct views so as to cause a hazard to pedestrian or vehicular circulation.

One ground sign is permitted for each use at each lot frontage along a public street or drive. The ground sign may not exceed five feet in height and 30 square feet in area.

In addition, internal directory signs identifying buildings, activity areas, parking lots and other development features may be provided with a maximum 20 square feet per sign.

No internally illuminated signs shall be permitted.

Freestanding signs necessary for safety, traffic or parking control shall be reviewed and approved by the Planning Board or Zoning Board of Adjustment, as appropriate, with the intent that the number of signs will be restricted to the minimum number necessary, will be visually unobtrusive, and will be consistent in format, lettering and coloring, as appropriate. These signs shall contain the words "entrance," "exit," and "one-way," and shall not exceed 27 inches in length or 12 inches in height. The top of the sign shall not exceed 60 inches in height from the ground at the base of the sign. Any lighting other than spot or shielded floor lighting shall not be permitted. Traffic signs shall comply with Subtitle 1 of Title 39 of the Revised Statutes of New Jersey (Standard Traffic Signs).

Site lighting.

All exterior lighting shall be shielded and directed away from adjacent parcels.

Only high-pressure sodium vapor lighting is permitted.

Affordability. All senior citizen/handicapped dwelling units shall be made available only to low- and moderate-income residents, as defined by and subject to the standards provided by the New Jersey Council on Affordable Housing (COAH).

Parking for sit-down restaurants and bakeries.

[Added 10-1-2002 by Ord. No. 6308-02; amended 10-5-2004 by Ord. No. 6441-04; 7-5-2005 by Ord. No. 6498-05; 8-8-2007 by Ord. No. 6680-07; 11-4-2009 by Ord. No. 6848-09; 8-4-2010 by Ord. No. 6895-10; 2-2-2016 by Ord. No. 7278-16]

Notwithstanding any provisions set forth herein, or in the Schedule of Regulations as to Bulk, Height and Other Requirements, or in any other section of the Code providing for required parking spaces for sit-down restaurants and bakeries, the parking regulations shall not apply to new sit-down restaurants or bakeries of up to 2,000 square feet located in the Special Improvement District until such time as the total number of new sit-down restaurants or bakeries located within the said Main Avenue Special Improvement District total 12 in the aggregate.

Notwithstanding any provisions set forth herein, or in the Schedule of Regulations as to Bulk, Height and Other Requirements, or in any other section of the Code providing for required parking spaces for sit-down restaurants and bakeries, the parking regulations shall not apply to new sit-down restaurants or bakeries of up to 2,000 square feet on Van Houten Avenue, between Mount Prospect Avenue and Pleasant Avenue, until such time as the total number of new sit-down restaurants or bakeries located on Van Houten Avenue total 12 in the aggregate.

Planned Development Highway Commercial Zone District (PD-HC). Notwithstanding any other requirements or provisions of this chapter, in the PD-HC District the following regulations shall apply:

[Added 11-15-2004 by Ord. No. 6448-04]

Concept plan required. For any proposed development within the PD-HC Planned Highway Commercial Zone District, a concept plan shall be required. At a minimum, the concept plan shall indicate the location of all buildings, structures, parking, landscaping, signage, pedestrian walkways and driveways. The concept plan shall be submitted for review prior to any formal preliminary major site plan.

Landscaped buffer. A landscaped buffer shall be provided in any yard fronting on a public street. The buffer shall be a minimum of 25 feet in width to Route 3 and 15 feet in width to Allwood Road, as measured at the narrowest point from the street property line. Within the buffer, a berm and/or appropriate landscaping shall be provided. The berm shall measure two feet to four feet in height with appropriate landscaping to provide a year-round effective visual screen, particularly in front of surface parking lots and maintenance areas. Also permitted within required landscaped buffer areas are pedestrian walkways, signage, fencing, underground utilities, utility connections and driveways. No buildings, structures, parking or loading areas may otherwise be located in the landscape buffer area.

Pedestrian circulation. Buildings and related improvements must be arranged and designed to encourage safe pedestrian-friendly circulation. A central pedestrian core area incorporating outdoor seating and eating areas shall be incorporated with stores, offices, restaurants and other permitted uses to have direct access where practical. Pedestrian walkways shall be provided along the Allwood Road frontage and connected with parking areas and buildings served by the most direct route using contrasting materials to the paved surfaces. The walkways shall be unencumbered by parked cars, berms or plantings. No sidewalks will be required along the Route 3 frontage.

Number of uses or structures permitted. There shall be no limit as to the number of principal uses or structures per lot if the bulk and use requirements are met as provided in this chapter, as long as the design reflects a pedestrian-friendly layout. Mixed-use structures are encouraged.

Bulk requirements.

Minimum lot area: 40,000 square feet.

Minimum lot width: 200 feet.

Minimum lot depth: 200 feet.

Minimum front yard: 50 feet, or twice the height of the building, whichever is greater.

Minimum side yard: 25 feet.

Minimum rear yard: 50 feet.

Maximum building lot coverage: 35%.

Maximum building height: 4 stories or 45 feet.

It is noted that Route 3 shall be considered the frontage for the purpose of determining the front yard in the PD-HC Zone District based on the established development pattern. Also, the minimum front yard setback requirement in the PD-HC Zone District shall prevail over any special setback requirements contained elsewhere in this chapter.

Building design. For any building proposed in the PD-HC District, the exterior elevations shall be designed to be coordinated in terms of materials, textures, colors, signs and related details when multiple structures are on the same lot. Balconies, window treatments, overhangs and other architectural features shall provide relief and enhancement to the overall building design.

Parking and loading requirements.

The minimum number of required off-street parking spaces for permitted retail stores, service establishments, offices, financial institutions and indoor recreation facilities is four spaces per 1,000 square feet of gross floor area. The minimum number of required off-street parking spaces for restaurants is one space per 75 square feet, plus one space per employee. The minimum number of required spaces for hotels is one space per guest room, plus the required number of spaces for any ancillary restaurant and/or retail space.

There shall be no parking along any public streets or driveways.

Where possible, connections or provisions for future connections to abutting parking lots shall be provided.

The minimum parking stall size for permitted retail stores and service establishments in the PD-HC District shall measure nine feet by 18 feet. However, the minimum parking stall size shall be reduced to eight feet by 18 feet for 20% of all required spaces for the remaining permitted uses in the PD-HC District.

Parking and loading setback requirements shall be in conformance with § 461-60 unless otherwise noted.

Parking within the front yard setback shall be exempt from § 461-60E in the PD-HC District.

Permitted signs.

All signs shall be located and designed in a manner which will not obstruct views so as to cause a hazard to pedestrian or vehicular traffic.

One ground sign is permitted at each lot frontage on a public street as follows:

Maximum display area: 400 square feet per sign face for frontage on Route 3 and 100 square feet per sign face for frontage on all other public streets.

Maximum height above grade of roadway: 20 feet for Route 3 frontage and six feet for frontage on all other public streets.

Minimum setback: five feet from the street property line.

Flat signs shall be permitted on the exterior of the building at locations approved by the Planning Board. They shall be placed on the building surface, provided they are clearly integrated with the site architecture as follows:

Maximum sign display area: 10% of the facade upon which the sign facing the primary street frontage is mounted or 50 square feet, whichever is greater. For properties having frontage on two public streets, the sign on the facade facing the secondary street frontage may not exceed 50% of the permitted area of the sign facing the primary street frontage.

Logos may also be permitted to be located on architectural elements, such as towers, and may not exceed 50% of the permitted sign area for any flat wall sign facing the primary street frontage.

Directory signs, meaning signs that identify locations or provide directions to tenants, parking or other services, are permitted subject to the following:

Maximum number: one per each property frontage on public streets.

Maximum display area: 50 square feet per directory sign.

No internally illuminated sign shall be permitted except a stencil sign or signs which have internally lighted letters or logos only.

Freestanding signs necessary for direction, safety, traffic or parking control on the site shall be reviewed and approved as part of the site plan review process with the intent that the number of signs shall be restricted to the minimum amount necessary, will be visually unobtrusive and will be consistent in format, lettering and coloring as provided below:

The sign shall contain the words "entrance," "exit" or "one-way" or similar directional instructions.

The sign shall not exceed 27 inches in length or 12 inches in height.

The top of the sign shall not exceed 48 inches in height from the ground at the base of the sign.

Any lighting other than shielded flood- or spotlights shall be permitted only if it is interior white diffused.

Traffic signs shall comply with Subtitle 1 of Title 39 of the Revised Statutes of New Jersey (standard traffic signs).

No signs shall protrude above the building cornice. Unless otherwise approved, letters shall be mounted directly on the walls. The location of adjacent signs shall be coordinated as to placement, color and style.

Site lighting.

Lighting for safety shall be provided at intersections, along walkways, at entryways between buildings and in parking areas.

High-pressure sodium vapor lighting is required.

Parking lot and service area lighting will be provided by fixtures with cut-off light sources to assure that the source shall be shielded and directed away from public streets and adjacent parcels. The material and color of the fixtures will be evaluated in terms of their compatibility with the architecture and natural site characteristics. The height and spacing of the light standards shall be provided in order to minimize the impact of lighting off site while retaining the necessary safety aspects.

Refuse disposal areas. All refuse disposal areas within the PD-HC District shall be located adjacent to the rear or side of the building not facing Route 3. Refuse disposal areas shall not be located in the parking area or required landscape buffer. There shall be appropriate materials and/or landscaping to form an effective year-round visual screen around any refuse disposal areas.

Landscaping. Internal parking lot landscaping shall be required at 20 square feet of landscaping for each parking stall provided. In addition, there shall be appropriate landscaping, including shade trees, provided in the pedestrian core. The minimum landscaped area shall be five square feet.

Traffic. A comprehensive traffic study must be provided for any new development in the PD-HC Zone addressing traffic impacts, as well as potential improvements.

ASCH Affordable Senior Citizen Housing Redevelopment Zone District. Notwithstanding any other requirements or provisions of this chapter, in the ASCH District, the following regulations shall apply:

[Added 12-5-2006 by Ord. No. 6630-06]

Landscape buffer. A landscape buffer shall be provided between any residential building and any adjoining residence, commercial or industrial property. The buffer shall have a minimum width of 25 feet and shall be densely planted with year-round vegetation consisting of, but not limited to, evergreen trees (six feet to seven feet in height), shade trees and native shrubs and vegetation. As part of any site plan submission, a detailed landscape plan shall be provided. Pedestrian walkways, fencing, underground utilities and utility connections are permitted in the landscape buffer along with an access driveway to the subject property.

Bulk requirements.

The minimum lot area is two acres.

The maximum permitted gross density is 25 dwellings per acre.

The minimum setback from any public street shall be 60 feet.

The minimum setback from any other property line is 35 feet.

The maximum building coverage is 15%.

The minimum amount of open space to be provided is 25%.

The maximum building height is four stories or 50 feet to the midpoint of the roof as averaged on all sides of any building.

Garbage and refuse disposal; utilities; off-street parking; site plan approval.

The developers shall be responsible for the collection and storage of garbage therein. No incinerators are permitted. Refuse areas containing dumpsters or compactors shall be provided in such number and having such areas, respectively, as may be determined to be necessary by the Health Officer to adequately serve the health and welfare of the occupants residing within the ASCH District.

All refuse disposal areas within the ASCH District shall not be located in any front yard and shall have adequate access. Refuse disposal areas shall not be located in the required landscaped buffer. All outdoor refuse disposal areas shall be screened with a solid fence or a solid structure, as per the Planning Board's determination.

All public utility facilities, including, but not limited to, electrical and telephone wires, sewers and sewer connections and gas and water lines, should be installed underground.

Parking facilities shall be restricted for the use of the residents and guests of any residential buildings.

Site plan approval is required for any proposed use which conforms to the ASCH District regulations in this chapter pursuant to Article VII.

Permitted signs.

Signage and related site graphics shall be designed as a coordinated component of the overall development. The design, format and materials composing any signs shall be consistent with the site architecture in the development and with one another. No flashing or moving elements are permitted.

All signs shall be designed and located in such a manner so as not to obstruct views or cause a hazard to pedestrian or vehicular circulation.

One ground sign is permitted for each use at each lot frontage along a public street or drive. The ground sign may not exceed five feet in height and 30 square feet in area.

No internally illuminated signs shall be permitted.

Freestanding directional signs shall be reviewed and approved by the Board with the intent that the number of signs will be restricted to the minimum number necessary, will be visually unobtrusive and will be consistent in format, lettering and coloring, as appropriate. These signs exceed 27 inches in length or 12 inches in height. The top of the sign shall not exceed 18 inches in height from the ground at the base of the sign. Lighting of these signs is prohibited. Traffic signs shall comply with Subtitle 1 of Title 39 of the Revised Statutes of New Jersey (Standard Traffic Signs).

Site lighting.

All exterior lighting shall be shielded and directed away from adjacent parcels.

All freestanding light posts shall have a maximum height of and shall be the "Acorn" type fixture.

Only high-pressure sodium vapor lighting is permitted.

Editor's Note: The Schedule of Regulations as to Bulk, Height and Other Requirements is included at the end of this chapter.

All districts; PSRC District.

[Amended 1-2-2001 by Ord. No. 6170-01]

Uses permitted in all districts. The following uses may be established in any district:

Accessory uses and buildings.

Public parks and playgrounds together with recreational, administrative and service buildings appurtenant thereto.

Uses of land and erection of buildings by the City of Clifton for governmental purposes, not to include municipal uses which are proprietary in nature and function.

Fences (meeting all requirements of Article VIII).

There shall be only one principal use or structure per lot, as specified in Article III, § 461-12.

Uses permitted in the PSRC District. The following uses are permitted in the PSRC District:

Affordable senior citizen housing and housing for handicapped residents.

Municipal recreation facilities.

Permitted accessory uses:

Facilities for community organizations representing senior citizens and handicapped persons located within residential building(s) in the PSRC District.

Parking lots.

Maintenance buildings, security facilities and storage structures for equipment and supplies.

Refreshment stand for recreation facilities.

Conditional use:

Assisted living facilities.

Specifically prohibited uses. All nonresidential uses are specifically prohibited, except as referred to above and including any ancillary retail or personal service establishment that may be located in or supplement the services provided by the residential building(s) within the PSRC District.

Uses specifically prohibited in all districts. The following uses and structures are deemed inappropriate to the highly urbanized City of Clifton, inimical to the public health, safety, welfare and morals and may not be established in any zoning district created by this chapter:

Any process of manufacture, locomotion or treatment which poses an exceptional danger of fire, explosion or produces a danger from atomic radiation.

Motels.

Trailers, boats or trailer cabins used for dwelling purposes.

Quarrying and quarrying operations.

Dance halls and discotheques.

Rooming and boarding houses.

Boats and trailers. The storage, parking or use of all boats or trailers for residential, business or industrial purposes or the establishment of a trailer camp by any person or persons is hereby prohibited in each and all of the districts, except that storage or parking may be conducted subject to the requirements of Articles V and VI.

No mixed residential-commercial use or residential-industrial use of a building is permitted in any zone, except as noted in Subsection K of this section, Uses in the B-C District.

(Reserved)[1]

Editor's Note: Former Subsection B(9), regarding dispatch services, added 7-6-1999 by Ord. No. 6064-99, was repealed 2-18-2014 by Ord. No. 7138-14.

No unregistered vehicles are permitted on any property in the City of Clifton, except for new and used motor vehicle sales agencies, official City tow lots, and licensed auto repair shops. Licensed auto repair shops shall be permitted to have an unregistered vehicle on its property for purposes of repair for a maximum of 30 days, and at no time shall the licensed auto repair shop have more than three unregistered vehicles on its property.

[Added 4-2-2002 by Ord. No. 6269-02; amended 11-17-2003 by Ord. No. 6379-03]

All classes of cannabis establishments or cannabis distributors or cannabis delivery services as said terms are defined in Section 3 of P.L. 2021, c. 16, but not the delivery of cannabis items and related supplies by a delivery service.

[Added 9-4-2018 by Ord. No. 7475-18; amended 8-4-2021 by Ord. No. 7662-21]

Residential rentals of 30 days or less, except at hotels.

[Added 9-19-2018 by Ord. No. 7479-18]

The use of an attic and/or basement for sleeping purposes is prohibited. The use of an attic for a bathroom, either partial or full, and/or a kitchen is prohibited. The use of a basement for a bathroom is prohibited, except that a partial bathroom (sink and toilet only) may be permitted in a basement, provided that the only access to same is through an existing dwelling unit.

[Added 4-4-2023 by Ord. No. 7801-23]

Uses in the R-A1 District, R-A2 District and the R-A3 District. The following uses are permitted in the R-A1 District, R-A2 District and the R-A3 District:

One-family dwelling containing a minimum floor area as follows:

Of not less than 800 square feet of ground floor are for a one-story building.

Of not less than 1,000 square feet for a two-story building having an attached garage.

Of not less than 1,200 square feet for a two-story building not having an attached garage.

Offices of a home profession, as defined in this chapter, when conducted as a subordinate use in the resident practitioner's dwelling and incorporated as an integral part of the dwelling but limited to his own practice and not entailing more than one employee. Not more than 20% of the ground floor area of the dwelling unit may be devoted to such professional office use.

A noncommercial swimming pool as a detached accessory building, provided that:

All requirements as to accessory buildings and fences are met.

A fence four feet in height shall surround such a structure and contain a gate capable of being fastened and locked by the owner.

All other requirements of the City of Clifton are met in the manner prescribed by local ordinances.

Where a homeowner or tenant who operates a taxi or limousine business is proposing to operate from his or her residence, upon certification by the Zoning Officer that such residence has a driveway and/or a garage which can accommodate the taxi or limousine in question, which shall be no larger than a full-size four-door sedan, and upon the issuance of a certificate of operation pursuant to Chapter 413 of the Code of the City of Clifton, one such vehicle may be maintained in such garage and/or driveway.

[Added 2-18-2014 by Ord. No. 7138-14]

Uses in the R-B1 District. The following uses are permitted in the R-B1 District:

Any use permitted in an R-A1, R-A2 and R-A3 District.

Two-family dwelling, provided that each dwelling unit contains not less than 768 square feet of floor area.

Uses in the R-B2 District. The following uses are permitted in the R-B2 District:

Any use permitted in an R-B1 District.

Dwelling group consisting of garden apartments, subject to the provisions of Article V, § 461-19.

Townhouse group, subject to provisions of Article V, § 461-21.

Uses in the R-B3 District. The following uses are permitted in the R-B3 District:

Any use permitted in the R-B2 District.

Multifamily apartment building.

Uses in the R-HR District. The following uses are permitted in the R-HR District:

Multifamily dwellings and dwelling groups of six or more stories with passenger elevators serving each floor and subject to the provisions of Article V, § 461-20.

Uses in the B-A District. The following uses are permitted in the B-A District:

Professional offices and uses necessarily incidental thereto.

Business offices used for the conduct and operation of general commercial or mercantile enterprises and endeavors but not involving the sale, storage or handling of goods, wares or merchandise upon the premises, except the interior display of samples not visible from the exterior of the structure.

In block frontage in which more than 75% of the affected lots were improved as of the effective date of this chapter, it is the intent of this chapter that existing structures may be used and vacant lots developed for any of the several uses permitted in this district, provided that no extension of an existing structure into a front yard is involved and; further, provided that any new structure shall observe the average setback of all existing structures along the block frontage wherein the subject lot is situated. All other requirements of this Zoning Ordinance pertaining to side and rear yards, lot coverage and off-street parking shall be observed.

Uses in the B-A1 District. The following uses are permitted in the B-A1 District:

Any use permitted in the B-A District.

Any use permitted in the least restrictive adjoining residence district, including density.

Uses in the B-B District. The following uses are permitted in the B-B District:

On a lot containing less than one acre, residential uses which are the same as those permitted in the least restricted adjoining R Zone and subject to the same regulations; and retail stores and shops intended to serve primarily the neighboring residences in structure having a gross ground floor area less than 6,000 square feet and having no individual shop or store which contains more than 2,000 square feet of total ground floor area; and consisting of the following classifications:

Drug and stationery stores.

Bakeries, limited to retail sales on the premises.

Confectionery and ice cream stores where customers are served entirely within the structure.

Fruit, vegetable, meat, grocery, delicatessens and food stores.

Package liquor stores.

Barber shops and beauty parlors.

Shoe repair shops.

Tailor shops.

Hardware stores.

Professional and business offices.

On lot containing at least one acre, retail shops and stores of the classification listed in Subsection J(1) of this section and supermarkets, such retail shops, stores and supermarkets being intended to serve primarily the neighboring residences and arranged in compact, architecturally unified structures or groupings commonly referred to as "designed neighborhood shopping centers," provided that the following requirements shall be complied with:

The maximum total floor area of any structure shall not exceed 6,000 square feet.

The floor area of any one retail shop shall not exceed 4,000 square feet, except that in the case of a supermarket, the floor area of same shall not exceed 6,000 square feet.

The total ground floor area of any such designed center shall not exceed 12,000 square feet.

No structure shall be located closer to any other structure on the lot than their average height.

A setback line of 50 feet from a major street, 60 feet from a minor street and the height of the adjoining structure from any side or rear lot line shall be observed.

No residential use on the lot shall be permitted.

No parking shall be permitted within 10 feet of a street or lot line.

Such designed neighborhood shopping center shall be oriented with a minor street, and vehicular exits and entrances shall be from said minor street.

Any building or structure or part thereof used for the purposes of a supermarket shall be subject to the requirements of the site plan approval as set forth in Article VII of this chapter.

On a lot containing at least one acre, retail shops and stores of the classification listed in Subsection A of this section and supermarkets, such retail shops, stores and supermarkets being intended to serve primarily the neighboring residences and arranged in compact, architecturally unified structures or groupings commonly referred to as "designed neighborhood shopping centers," provided that the following requirements shall not exceed 6,000 square feet:

The maximum total floor area of any structure shall not exceed 6,000 square feet.

The floor area of any one retail shop shall not exceed 4,000 square feet, except that in the case of a supermarket, the floor area of same shall not exceed 6,000 square feet.

The total ground floor area of any such designed center shall not exceed 12,000 square feet.

No structure shall be located closer to any other structure on the lot than their average height.

A setback line of 50 feet from a major street, 60 feet from a minor street and the height of the adjoining structure from any side or rear lot line shall be observed.

No residential use on the lot shall be permitted.

No parking shall be permitted within 10 feet of a street or lot line.

Such designed neighborhood shopping center shall be oriented with a minor street and vehicular exits and entrances shall be from said minor street.

Any building or structure or part thereof used for the purpose of a supermarket shall be subject to the requirements of the site plan approval as set forth in Article VII of this chapter.

Uses in the B-C District.

The following uses are permitted in the B-C District:

Professional and business offices.

Professional and business offices involving accessory dwelling facilities only for a resident businessman and his family or a resident professional person and his family.

Retail stores, service establishments and supermarkets.

Hotels and theaters.

Printing shops and newspaper publishing plants where no engraving, photoengraving or lithography is done on the premises.

Parking lots and parking garages.

Vending machines.

Repair of shoes, clothing, small appliances and other personal and household articles of a size and bulk which can be carried and transported without the aid of machinery or mechanical assistance.

Mortuary, as such or when conducted as an integral part of a resident mortician's home.

Automotive sales agencies for the sale of new motor vehicles and parts within a building, together with the following accessory uses:

The sale of used motor vehicles.

The leasing of motor vehicles.

The repair of motor vehicles; provided, however, that disabled vehicles and parts thereof shall be stored within a building.

All other buildings, structures and uses primarily devoted to retail trade and business, including processes of manufacture, assembly, alteration, conversion or treatment which is clearly incidental to such retail trade or business conducted on the premises but not exceeding a floor area equal to 20% of the area devoted to the retail use.

The following uses and structures are specifically prohibited in the B-C District:

Any use permitted in an M District but in no other district. Any nonresidential use prohibited in an M-2 District and M-3 District.

Mixed residence and business in the same structures, except as provided in Subsection K(1)(b) and (i).

Slaughtering poultry and animals, rendering lard and other fats and meat smoking, whether or not the same is incidental to a retail trade or business.

The storage of used cars, except in accordance with Subsection K(1)(j) above.

[Added 4-21-1995 by Ord. No. 5732-95]

Uses in the B-D District. The following uses are permitted in the B-D District:

Any use permitted in a B-C District.

Bowling alley establishments.

Hotels.

Dispatch services.

[Added 2-18-2014 by Ord. No. 7138-14]

Uses in the M-1 District.

The following uses are permitted in the M-1 District:

Any nonresidential use or structure permitted in a B-A District.

The manufacture, compounding, processing, packaging or treatment involved in the following operations or in processing the following products:

Wearing apparel.

Art goods, including custom jewelry, art metal, jewelry and needlework.

Cameras and photographic equipment, but not including photographic films or chemicals.

Hats and millinery products.

Precision instruments, including but not limited to dental, drafting and medical instruments.

Musical instruments.

Leather handbags, wallets and novelties.

Novelties and notions.

Optical goods and equipment.

Orthopedic appliances.

Printing and publishing, including newspaper publishing, engraving, photoengraving and lithography.

Time pieces, including watches, clocks, gauges and other similar measuring devices.

A cafeteria as an accessory use to a permitted use in an M-1 District located on the same lot as the principal used, provided that its purpose is to serve food and drink to the employees of the principal use to which it is an accessory and guests of the plant management; provided, further, that all signs in connection with the cafeteria shall be limited to necessary directional signs each of which shall not exceed two square feet in area.

[14]

Drugs, perfumes, cosmetics and other toiletry preparations, specialty cleaning, polishing and sanitation preparations and any components thereof.

[15]

Research and laboratory facilities.

The following uses are specifically prohibited in the M-1 District:

Nothing contained in Subsection K(1)(a) of permitted uses shall be interpreted to permit the use of a building or premises or the construction or alteration of a building or other structure in an M-1 District for any of the following specified trades industries or uses:

Any use prohibited in M-2 Districts.

The storage of crude oil or any of its volatile liquids or by-products in tanks, except as incidental to a permitted manufacturing process.

Junkyards, automobile graveyards or dismantling plants or the storage of secondhand materials derived therefrom.

The baling or treatment of junk, old iron, rags, bottles or scrap paper or storage in connection therewith.

The processing, treatment, packaging, smoking or curing of meat, fish, coffee, cocoa beans, pickles, sauerkraut or vinegar.

Entertainment and amusement establishments.

Building materials storage yard, including such materials as sand, plaster, brick, cement, lumber, roofing materials, boilers, tanks, radiators, pipes and fittings.

Coal and coke storage yards.

Dog pounds and kennels.

Used car lot.

Any manufacturing, processing, treating, packaging or other industrial operation from which dust, smoke, fumes, gas, offensive or noxious odor or other atmospheric effluence is disseminated beyond the boundaries of the lot upon which such use is situated or which produces noise exceeding in intensity, at the boundary of such lot, the average intensity and frequency of noise of street traffic at the adjoining street or streets or which produces harmful glare observable from such street.

Uses in the M-2 District.

The following uses are permitted in the M-2 District:

In an M-2 District on lots not contiguous to and not having direct access by any means other than a public street to a divided highway having four or more lanes, no building or premises shall be used nor shall any building or other structure be built, altered or created to be used for any purpose other than:

Any one or more of the following specified uses:

[a]

Repair and machine shops without limit as to size.

[b]

Buildings designed and built for use as the main post office for the City of Clifton.

[c]

Storage of coal, lumber and building materials in fully enclosed buildings.

Any other process of manufacture assembly, alteration, conversion or treatment, except as specifically prohibited.

In an M-2 District on lots contiguous to or having direct access by means other than a public street to a four-or-more-lane divided highway, no building or premises shall be used nor shall any building or other structure be built, altered or erected to be used for any other purpose than:

All uses permitted in an M-2 District.

A cafeteria as an accessory use to a permitted use in an M-2 District located on the same lot as the principal use, provided that its purpose is to serve food and drink to the employees of the principal use to which it is an accessory and guests of the plant management; provided, further, that all signs in connection with the cafeteria shall be limited to necessary directional signs each of which shall not exceed two square feet in area.

Printing shops and newspaper publishing plants.

Animal hospital.

The following uses are specifically prohibited in the M-2 District:

Any process of manufacture, assembly, alteration, conversion or treatment which constitutes a nuisance by reason of smoke, odor, dust or noise.

The manufacture or refining of asphalt, blast furnaces, foundries, forge shops and boilerworks; stockyards and slaughterhouses (exclusive of poultry killing); the generation of heat or power, unless with the use of smokeless fuels or with the use of effective smoke and fly ash elimination equipment; the manufacture or processing of cork, fertilizer, linoleum, oilcloth, glue, gelatine, paint, oil or varnish.

Ammonia, chlorine or bleaching powder manufacture; crematory, creosote treatment or manufacture, distillation of wood, coal or bones; fat rendering or fertilizer manufacture; gas manufacture; lamp black manufacture; petroleum refining; storage, curing or tanning of raw hides or skins; soap manufacture or refining of tallow, grease or lard; tar distillation or manufacturing; manufacturing of tar roofing or tar water roofing materials.

The storage of crude oil or any of its volatile products or other highly inflammable liquids in aboveground tanks having a unit capacity of more than 100,000 gallons and; provided, further, that all aboveground tanks having a unit capacity in excess of 10,000 gallons shall not be less than 100 feet from the nearest property line and shall be properly diked with dikes having a capacity equal to 1 1/2 times the capacity of the subject tank or tanks.

Junkyards, automobile graveyards or dismantling plants and the storage of secondhand materials.

The storage of used cars.

[Added 4-18-1995 by Ord. No. 5732-95]

Uses in the M-3 District.

[Added 5-3-1983 by Ord. No. 4805-83]

The following uses are permitted in the M-3 District:

Any use permitted in the M-2 District.

The following uses are specifically prohibited in the M-3 District:

Any use prohibited in the M-2 District.

Uses in the PD-1 District. The following uses are permitted in the PD-1 District:

In the PD-1 District, no building or premises shall be used nor shall any building or other structure be built, altered or erected to be used, except as provided for in Article VI, for any purpose other than:

Stores and retail shops.

Service establishments.

Business and professional offices.

Financial institutions.

Restaurants and taverns.

Theaters.

Parking lots.

All buildings or structures built, altered or erected in the PD-1 Zone shall be built, altered or erected in such manner as shall be in keeping with the purpose and intent of the Planned Development No. 1 of recreating an atmosphere of a shopping area reflecting the period of 1890 to 1910. All architectural designs and materials used in such construction, erection or alteration shall he in keeping with such intent. All exterior building colors, including visible roof areas, shall be Victorian colors, era 1800 to 1910, as follows: Bronze Green, Buff, Light Drab, Medium Drab, Dark Drab, Fawn, Shutter Green, Straw, Light Gray Stone, Medium Gray Stone, Dark Gray Stone, Slate, Blue Stone, Blue Green, Brownstone, Amber (accent only), Indian Red, Old Gold, Olive, Olive Yellow, Reddish Brown, Terra Cotta (accent only), Colonial Revival Blue, Colonial Revival Gray, Colonial Revival Ivory, Colonial Revival Yellow or Victorian colors specified by Victorian color paint charts. (Reference: Victorian Exterior Decoration, by Roger W. Moss and Gail Caskey Winkler, Publisher: Henry Holt.)

[Amended 10-5-1999 by Ord. No. 6101-99]

Uses in the PD-1(A) District. The following uses are permitted in the PD-1(A) District:

[Added 10-2-1995 by Ord. No. 5770-95]

Stores, retail shops and supermarkets.

Service establishments.

Business and professional offices.

Financial institutions.

Restaurants, excluding sale of alcoholic beverages.

Snack bars as an accessory use within a store or retail shop having a gross floor area in excess of 50,000 square feet. The snack bar shall not exceed 2.5% of the total square footage of the store or retail shop.

Fast-food restaurants without drive-in or drive-through service shall be permitted only in retail shopping centers greater than 100,000 square feet net floor area.

[Added 12-6-2004 by Ord. No. 6452-04; amended 12-21-2004 by Ord. No. 6453-04]

Uses in the PD-2 District. The following uses are permitted in the PD-2 District:

In the PD-2 District, no building or premises shall be used nor shall any building or other structure be built, altered or erected to be used, except as provided for in Article VI, for any purpose other than:

Two-family dwellings, to a maximum of 24% of all dwelling units in said district.

Senior citizen housing, to a minimum of 50% and a maximum of 60% of all dwelling units in said district.

Garden apartments (dwelling groups), to a maximum of 26% of all dwelling units in said district.

Accessory garages.

Accessory parking areas.

Public parking areas.

Recreation and community facilities accessory to senior citizen housing.

Uses in the PD-3 District.

[Added 2-7-1989 by Ord. No. 5331-89]

The following uses are permitted in the PD-3 District:

Multifamily dwelling groups of six or more stories with passenger elevators serving each floor.

Existing industrial uses, including small building additions which do not result in an increase in usable floor area, except that such uses will cease to be allowed if and when more than 300 dwelling units are developed on the tract.

Public, semipublic and private generating plants.

The following accessory uses intended primarily for the residents are also permitted in the PD-3 District:

Automobile parking garages not to exceed two stories above grade.

Indoor and outdoor recreation facilities.

Convenience stores for use of building residents, to be located on the first floor, not to exceed 1,500 square feet and no signs visible from the exterior.

Uses in the PCD District.

[Added 12-30-1981 by Ord. No. 4683-81]

The following uses are permitted in the PCD District:

Business and professional offices.

Stores, retail shops, restaurants and taverns and service establishments when integrated into an overall development plan.

Parking lots and parking garages.

Financial institutions.

Hotels.

Business signs.

The following uses are specifically prohibited in the PCD District:

Any use involving manufacturing, processing or assembly.

Any use which constitutes a nuisance by reason of smoke, odor, dust or noise.

Automobile sales agency.

Warehouses and truck terminals.

Uses in the PCRD District. The following uses are permitted in the PCRD District:

[Added 2-16-1988 by Ord. No. 5240-88; amended 3-1-1988 by Ord. No. 5249-88]

The following uses shall be permitted on the commercial parcel, Lot 9.01, Block 56-04:

Business and professional offices.

Financial institutions.

Business or training schools.

Computer data processing centers.

Restaurants, provided that the same is contained within an office building accessible only from the interior of the building and; further, provided, that the floor area shall not exceed 10% of the area of the floor on which the restaurant is located.

Accessory uses within principal buildings accessible from the interior of the building incidental to permitted uses and not having any identifying signs on the exterior:

Convenience stores and service establishments not exceeding 200 square feet on any one floor.

Cafeterias for employees.

Recreation and physical fitness uses.

Accessory parking garages meeting the requirements of § 461-13L.

The following uses shall be permitted on residential parcel Lot 9.02, Block 56-04:

Dwelling groups consisting of garden apartments and townhouses, subject to provisions of § 461-13L.

The following uses are specifically prohibited in the PCRD District:

Manufacturing, processing or assembly.

Any use which constitutes a nuisance by reason of noise, smoke, odor or dust.

All types of uses having drive-up service.

Uses in the PDO-1 District.

[Added 4-16-1991 by Ord. No. 5479-91]

The following uses are permitted in the PDO-1 District:

Executive and administrative offices for corporations or financial institutions.

Professional offices.

Retail shops not exceeding 20% of aggregate floor area of the principal uses in the PDO-1 Zone or each phase thereof.

Restaurants without drive-in facilities.

Hotels and conference centers.

Theaters.

Accessory uses.

Parking structures up to 45 feet in height.

Maximum coverage: 15% of lot area.

Not more than 50% of roof surface may be used for parking. Remainder of roof surface to be landscaped or used for recreation.

Setback requirements: same as principal building.

Exterior finish shall match the finish of the principal building.

Industrial uses permitted in the M-1, M-2 and M-3 Zones, when accessory to a permitted office use and not exceeding 50% of the office floor area.

Indoor and outdoor recreational uses intended to serve principally the occupants of the principal uses.

Uses in the PDO-2 District.

[Added 4-16-1991 by Ord. No. 5479-91]

The following uses are permitted in the PDO-2 District:

Professional and business offices.

Retail stores and service establishments.

Handicraft shops producing articles for sale on or off premises.

Financial institutions.

Uses specifically prohibited. The following uses and structures are specifically prohibited in the PDO-2 Zone:

Any use providing drive-in or drive-through service.

Outdoor sales, display or storage, except as permitted under Article VI, § 461-13Q(3), Conditional uses, PDO-2 District.

Uses in the P-MU District.

[Added 4-16-1996 by Ord. No. 5819-96]

The following uses are permitted in the P-MU District:

Limited manufacturing uses, including the manufacture, compounding, processing, packaging or treatment involved in the following operations or in processing the following products:

Wearing apparel.

Art goods, including custom jewelry, art metal, jewelry and needlework.

Cameras and photographic equipment but not including photographic film or chemicals.

Hats and millinery products.

Precision instruments, including but not limited to dental, drafting and medical instruments.

Musical instruments.

Leather handbags, wallets and novelties.

Novelties and notions.

Optical goods and equipment.

Orthopedic appliances.

Printing and publishing, including newspaper publishing, engraving, photoengraving and lithography.

Time pieces, including watches, clocks, gauges and other similar measuring devices.

Drugs, perfumes, cosmetics and other toiletry preparations, specialty cleaning, polishing and sanitation preparations and any components thereof.

[14]

Research and laboratory facilities.

[15]

Animal hospital.

[16]

Repair and machine shops without limit as to size.

[17]

Any other process of manufacture, assembly, alteration, conversion or treatment, except as specially prohibited.

Commercial uses including the following:

Professional and business offices.

Retail stores, service establishments and supermarkets.

Hotels.

Theaters.

Restaurants without drive-through facilities or counter service.

Indoor recreation centers, including health and fitness clubs.

Post office and police substation facilities.

Day-care facilities licensed by the State of New Jersey.

Planned commercial development.[2]

Editor's Note: Former Subsection X(1)(c), listing permitted residential uses, which immediately followed this subsection, was repealed 11-7-2001 by Ord. No. 6240-01.

Permitted accessory uses.

A cafeteria as an accessory use to a permitted use in the P-MU District located on the same lot as the principal use; provided that its purpose is to serve food and drink to the employees of the principal use to which it is an accessory and guests of the building management; provided, further, that all signs in connection with the cafeteria shall be limited to necessary directional signs of which shall not exceed two square feet in area.

Parking lots and parking garages or structures which cannot exceed 45 feet in height and shall have an exterior finish to match the exterior finish of the principal building(s).

Uses specifically prohibited.

Any process of manufacture, assembly, alteration, conversion or treatment which constitutes a nuisance by reason of smoke, odor, dust or noise.

The manufacture or refining of asphalt, blast furnaces, foundries, forge shops and boilerworks; stockyards and slaughterhouses (exclusive of poultry killing); the generation of heat or power, unless with the use of smokeless fuels or with the use of effective smoke and fly ash elimination equipment; the manufacture or processing of cork, fertilizer, linoleum, oilcloth, glue, gelatine, paint, oil or varnish.

Any process of assembly, manufacture, alteration conversion or treatment constituting a hazardous use, including but not limited to the manufacture of bulk storage of fireworks and explosives; and the manufacture of illuminating gas and other explosives or poisonous gases, except as may be incidental to a permitted industrial process.

The storage of crude oil or any of its volatile products or other highly inflammable gases or liquids in aboveground tanks having a unit capacity of more than 100,000 gallons and; provided, further, that all aboveground tanks having a unit capacity in excess of 10,000 gallons shall not be less than 100 feet from the nearest property line and shall be properly diked with dikes having a capacity equal to 1 1/2 times the capacity of the subject tank or tanks.

Junkyards, automobile graveyards or dismantling plants and the storage of secondhand materials.

The baling or treatment of junk, old iron, rags, bottles or scrap paper or storage in connection therewith.

The processing, treatment, packaging, smoking or curing of meat, fish, coffee, cocoa beans, pickles, sauerkraut or vinegar.

Building materials storage yard, including such materials as sand, plaster, brick, cement, lumber, roofing materials, boilers, tanks, radiators, pipes and fittings.

Coal and coke storage yards.

Dog pounds and kennels.

Used car lot.

New car sales and lease agencies.

Auto repair facilities.

Sewer treatment plants or processing of any by-products thereof.

(q)

Truck terminals and warehouses.

Uses in RA-A1 District. The following uses are permitted in the RA-A1 District:

[Added 6-15-1999 by Ord. No. 6056-99]

Any use permitted in an R-A1 District, subject to the assessment of affordable housing developer's fees.

Uses in the RA-B2 District. The following uses are permitted in the RA-B2 District:

[Added 6-15-1999 by Ord. No. 6056-99]

Any use permitted in an R-B2 District, subject to the assessment of affordable housing developer's fees.

AA.

Uses in the PD-HC District.

[Added 11-15-2004 by Ord. No. 6448-04]

Permitted uses.

Retail stores and service establishments.

Offices and financial institutions.

Sit-down restaurants.

Indoor recreation facilities, including health and fitness clubs.

Accessory structure bulk requirements.

Accessory structures must be in conformance with Article VIII, § 461-46.

Fences. Fence requirements as required in B Zones.

Permitted accessory uses.

A cafeteria as an accessory use to a permitted use in the PD-HC District located on the same lot and in the same building as the principal use; provided that the purpose is to serve food and drink to the employees of the principal use to which it is an accessory and guests of the principal use; provided, further, that all signs in connection with the cafeteria shall be limited to necessary directional signs which shall not exceed two square feet in area.

Parking lots and parking garages as an accessory use to a permitted principal use on the building lot or structures which cannot exceed 45 feet in height and shall have an exterior finish to match the exterior finish of the principal building(s).

Uses specifically prohibited.

Those uses referred to as inappropriate to the City of Clifton, detrimental to the public health, safety, welfare and morals and which may not be established in any zone district created in the City of Clifton Zoning Ordinance.

Retail establishments containing more than 75,000 square feet. There may be only one retail establishment in any single development in the PD-HC Zone that contains a maximum of 75,000 square feet with the remaining establishments limited to a maximum 45,000 square feet or less.

Building materials storage yard, including such materials as sand, plaster, brick, cement, lumber, roofing materials, boilers, tanks, radiators, pipes and fittings.

Dog pounds and kennels.

Used car lot.

New car sales and lease agencies.

Auto repair facilities.

Truck terminals and warehouses.

Fast-food restaurants with drive-through facilities.

BB.

Uses in the ASCH Zone District.

[Added 12-5-2006 by Ord. No. 6630-06]

Permitted uses.

Affordable senior citizen housing.

Handicapped housing.

Municipal recreation facilities.

Permitted accessory uses.

Facilities for community organizations representing senior citizens and handicapped residents, including a resident clubhouse, to be located within a residential building(s).

Parking lots.

Maintenance buildings, security facilities and storage structures for equipment and supplies.

Refreshment stand to serve municipal recreation facilities.

One dwelling unit reserved for a building superintendent.

Passive recreational uses and facilities.

Housing type distribution.

At least 80% of all units shall be made affordable to qualifying senior citizens.

At least 20% of all units shall be made affordable to qualifying handicapped individuals.