For the purpose of this chapter, the Borough
of Pennington is hereby divided into the following zones:
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R-80
|
Residence Zone
|
|
R-100
|
Residence Zone
|
|
R-A
|
Apartment-Townhouse Residence Zone
|
|
O-R
|
Office-Residence Zone[1]
|
|
TC
|
Town Center Zone
[Added 12-20-2001 by Ord. No. 2001-6] |
|
TCB
|
Town Center Buffer Zone
[Added 12-20-2001 by Ord. No. 2001-6] |
|
B-H
|
Highway Business Zone
|
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O-B
|
Office (Building) Business Zone
[Amended 8-4-2003 by Ord. No. 2003-7 |
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P-O
|
Professional Office Zone
[Added 12-20-2001 by Ord. No. 2001-6] |
|
MU-1
|
Mixed Use Zone 1
[Added 6-1-1992 by Ord. No. 514] |
|
MU-2
|
Mixed Use Zone 2
[Added 6-1-1992 by Ord. No. 514] |
|
E-1
|
Education Zone
[Added 6-1-1992 by Ord. No. 514] |
|
E-2
|
Education Zone 2
[Added 6-1-1992 by Ord. No. 514] |
|
MR
|
Mixed Residence Zone
[Added 9-8-2014 by Ord.
No. 2014-17] |
[1]
Editor's Note: The B-R Retail Business Zone,
which immediately followed this entry, was repealed 12-20-2001 by
Ord. No. 2001-6.
[Amended 4-2-1997 by Ord. No. 307; 9-2-1985 by Ord. No.
398; 12-20-2001 by Ord. No. 2001-6; 4-9-2007 by Ord. No.
2007-4; 9-8-2014 by Ord. No. 2014-17]
The boundaries of all zone districts shall be
shown on a map attached to and made a part of this chapter and titled
"Zoning Map," dated July 2014. Said map and all notations and references
thereon are hereby incorporated into and declared to be a part of
this chapter.[1]
[1]
Editor's Note: The Zoning Map is included at the end of this chapter.
A.
Zone boundaries are intended to follow the center
line of streets, railroad rights-of-way, streams and recorded property
lines.
B.
Where some boundaries are not fixed by dimension or
other notation and where they approximately follow property lines
or other natural features and do not scale more than 25 feet distant
therefrom, such property line or natural feature shall be deemed to
be the location of the zone boundary.
The Schedule of Area, Yard and Building Regulations
sets forth the regulations of this chapter with respect to minimum
lot size, yard widths, maximum lot coverage, maximum height and minimum
floor area for each of the various zones. Unless modified elsewhere
in this chapter, such standards shall be deemed to be the minimum
requirements or maximum intensity permitted to each of the several
zones.[1]
[1]
Editor's Note: The Schedule of Area, Yard and Building Regulations is included at the end of this chapter.
[Added 9-11-2000 by Ord. No. 2000-6;
amended 5-2-2011 by Ord. No. 2011-5]
In all zones, air-conditioning compressors shall
be placed so as to conform to the setback requirements of the principal
structure of the property. A variance shall be required for placement
of an air-conditioning compressor within a nonconforming setback only
if the placement increases the existing nonconformity. Any air-conditioning
compressor located in the front yard must be visually screened from
the street. Air-conditioning compressor units shall be exempt from
setback requirements if adjacent property is commercial in a commercial
zone.
A.
Permitted primary uses. The permitted primary uses
allowed in the R-80 Residence Zone shall be as follows:
B.
Permitted secondary uses. The permitted secondary
uses allowed in the R-80 Residence Zone shall be as follows:
C.
Conditional uses. The conditional uses allowed in the R-80 Residence Zone shall be as follows and shall be further subject to the provisions of Article VIII:
D.
Other provisions and requirements.
(1)
Off-street parking space, together with appropriate
access thereto, shall be provided on the same property as it is intended
to serve in accordance with the following minimum standards:
(a)
Dwellings: two spaces for each dwelling unit.
(b)
Public meeting places: one space for each four
seats or other similar form of accommodation.
(c)
Other public buildings: one space for each 400
square feet of total floor area.
(d)
Public parks, playgrounds and recreation areas:
two spaces for each acre devoted to such use.
(2)
The floor area ratio shall not exceed 0.265, and no
dwelling unit shall exceed 3,500 square feet of gross floor area.
[Added 12-3-2007 by Ord. No. 2007-12; amended 5-2-2011 by Ord. No. 2011-5]
B.
Permitted secondary uses. The permitted secondary
uses allowed in the R-100 Residence Zone shall be as follows:
C.
Conditional uses. The conditional uses allowed in the R-100 Residence Zone shall be as follows and shall be further subject to the provisions of Article VIII:
(1)
Nongovernmental public utility uses.
(2)
Clubhouses.
(3)
Public and private schools.
(4)
Churches.
(5)
Home occupations.
[Amended 5-7-1984 by Ord. No. 374; 9-8-1987 by Ord. No.
445]
(6)
Cluster development.
[Added 6-1-1992 by Ord. No. 514]
(7)
Continuing-care retirement facility.
[Added 11-4-1996 by Ord. No. 96-17]
D.
Other provisions and requirements.
(1)
Off-street parking space, together with appropriate
access thereto, shall be provided on the same property as it is intended
to serve in accordance with the following minimum standards:
(a)
Dwellings: two spaces for each dwelling unit.
(b)
Public meeting places: one space for each four
seats or other similar form of accommodation.
(c)
Other public buildings: one space for each 400
square feet of total floor area.
(d)
Public parks, playgrounds and recreation areas:
two spaces for each acre devoted to such use.
(2)
The floor area ratio shall not exceed 0.25, and no
dwelling unit shall exceed 4,000 square feet of gross floor area.
[Added 12-3-2007 by Ord. No. 2007-12; amended 5-2-2011 by Ord. No. 2011-5]
A.
Permitted primary uses. The permitted primary uses
allowed in the R-A Apartment-Townhouse Residence Zone shall be as
follows:
B.
Permitted secondary uses. The permitted secondary
uses allowed in the R-A Apartment-Townhouse Residence Zone shall be
as follows:
(1)
All secondary uses permitted in the R-80 Residence
Zone.
C.
Conditional uses. The conditional uses allowed in the R-A Apartment-Townhouse Residence Zone shall be as follows and shall be further subject to the provisions of Article VIII:
D.
Attached dwelling unit development.
(1)
Objectives. The provisions of this subsection are
intended to encourage the planning and construction of attached dwelling
unit development within the R-A Zone that meet the special needs of
suburban families and at the same time protect and promote the health,
safety and general welfare of the public and the Borough of Pennington.
Their chief emphases are on features of planning, design and construction
which will make for the continued desirability, soundness, safety
and efficient maintenance of the housing produced. They set forth
the overall technical standards and requirements deemed necessary
and proper by the Borough of Pennington.
(2)
Qualifications. In order to qualify for consideration
under the terms of this subsection, the site for any attached dwelling
unit development shall be composed of a single parcel of land, consisting
of one or more contiguous lots. The physical conditions of the site,
including soil type, ground water level, drainage and topography,
shall be such as not to create hazards to the property or to the occupants,
and the site shall not be subject to the possibility of subsidence
or the reasonable probability of flooding or serious erosion.
(3)
General requirements.
(a)
Access to site. Any attached dwelling unit site
shall abut or have permanent access to an approved or existing public
street. Private streets within the site of an attached dwelling development
shall be permitted but shall be protected by a permanent easement
and shall provide for safe and suitable vehicular circulation in the
development at all times. Dead-end or cul-de-sac streets shall include
adequate turning space.
(b)
Access to buildings. Convenient vehicular access
to all buildings on the attached dwelling unit development site shall
be provided for emergency equipment, furniture moving vans, fuel trucks
where required, garbage collection, general deliveries of goods and
snow removal. Pedestrian access to the rear of all buildings fronting
on a public street shall be provided.
(c)
Access to dwelling units. A safe and convenient
means for pedestrian access to all dwelling units shall be provided
in such manner as not to require passage through any other dwelling
unit.
(d)
Services and facilities. The development of
the site shall be designed so that it does not infringe upon adjoining
properties. Utilities and other similar facilities shall be provided
for the development without dependence upon the availability of such
services on adjoining properties. All attached dwelling unit developments
shall be connected to and serviced by public systems for the provision
of water and disposal of sanitary and storm sewage. Such public systems
shall have been determined adequate to serve the proposed development
by competent authority designated by the Borough Council.
(e)
Occupancy of dwelling units. No dwelling unit
shall be occupied until all other dwelling units in the same building
are completed and ready for occupancy, having all utility connections
completed, pedestrian and vehicular accessways improved and parking
areas paved and drained as designed.
(f)
Compliance with other ordinances and regulations. The attached dwelling unit development shall conform to the recommendations of the Borough Master Plan regarding the creation of new streets, the widening of existing streets, drainage rights-of-way and conservation areas. Where subdivision of lands is required or desired by the developer of the attached dwelling unit development, in accordance with the provisions of Chapter 181, Subdivision of Land, the receipt of subdivision approval prior to proceedings under this chapter shall not in any way be construed to imply approval of the proposed attached dwelling unit development. Where the review and/or approval of the various elements or features of the proposed attached dwelling unit development is required to be received from any municipal, county or state agency or official, other than the Planning Board and Zoning Officer, such review and/or approval shall be obtained prior to proceedings hereinunder.
(g)
Attached dwelling unit developments, and other
uses in this zone, requiring site plan approval shall consider the
site and building design standards of the Northwest Quadrant Detailed
Design Plan.
(4)
Design requirements. As a minimum, all attached dwelling
unit developments shall comply with the following design requirements
and standards:
(a)
Site area. Site areas shall not be less than
20,000 square feet of usable land.
(b)
Floor area. Total floor area shall not exceed
an amount equal to 20% of site area.
(c)
Coverage. Building area and related impervious
surface coverage (parking areas, roads, walks, etc.) shall not exceed
an amount equal to 35% of the site area.
(d)
Recreation area. Outdoor recreation space shall
be provided in all developments of 30 or more units. Such outdoor
recreation space shall not be less in area than an amount equal to
20% of the gross floor area of the development.
(e)
Parking spaces required. The Planning Board
shall determine the number of off-street parking spaces required based
on dwelling unit mix and size and related factors. Maximum requirement
shall not exceed two spaces per unit nor shall be less than one space
per unit. The developer may elect, subject to the approval of the
body conducting the site plan review, to improve only a portion of
the area which has been designated for parking on the plan.
(f)
Buildings. Buildings shall not exceed 21/2 stories
or 35 feet in height. Buildings shall not contain dwelling units above
the second story nor below grade. Buildings shall be designed so that
an offset of at least four feet shall occur between building segments
containing no more than four dwelling units.
(g)
Dwelling unit mix and density. Each development
shall contain a mixture of dwelling unit types in a ratio approved
by the Planning Board, in accordance with the Northwest Quadrant Detailed
Design Plan. Maximum gross residential density shall not exceed eight
units per acre of site area and shall not exceed the maximum gross
residential density for specific areas as defined by the Northwest
Quadrant Detailed Design Plan.
(h)
Building setbacks. Building setbacks shall provide
adequate distance between buildings on the site and the abutting properties.
However, no such setback need exceed a distance of 50 feet.
(i)
Streets, roads, curbs, parking areas and sidewalks.
All streets, roads, curbs, parking areas and sidewalks shall be constructed
in accordance with Borough specifications furnished by the Borough
Engineer.
(j)
Plantings. The character and appeal of the site
shall be enhanced by retaining and protecting existing trees and other
natural features of the site whenever possible and through the addition
of new planting materials for privacy, shade, beauty of buildings
and grounds, and to screen objectionable features. Plant materials
to be provided shall be in scale with the composition of the buildings,
the site and its various uses and surroundings. Plant materials shall
be arranged to harmonize in size, shape, color, texture and winter
characteristics with the buildings and development of the grounds.
Plant location and spacing shall be determined by ultimate mature
growth. Plant materials shall be indigenous to the area or be readily
adaptable to the local climate and soil conditions. Plant materials
shall not be excessively weedy in habit or growth characteristics
nor be unduly subject to noxious pests or plant diseases.
(k)
Outdoor lighting. Attractive lighting fixtures
for walks, steps, parking areas, streets and other facilities shall
be provided at locations to assure the safe and convenient use of
such facilities. Fixtures shall be placed and designed in keeping
with the character of the development and be adequately shaded to
screen the windows of dwelling units from the direct rays from the
light fixtures.
(l)
Electric and telephone lines. All electric power
and telephone transmission lines shall be installed underground at
a depth and at such location as will minimize risk of interruption
of services.
(m)
Screening. Fences, walls, shrubbery or other
appropriate screening devices shall be installed around garbage and
trash storage areas, parking areas, service areas and at such other
locations deemed desirable or necessary by the Planning Board.
(n)
Laundry facilities. One laundry room shall be
provided on the ground floor of each apartment building and shall
be for the sole use of the occupants. One washing machine and one
mechanical heated dryer shall be provided for each eight apartment
dwelling units located in the building. Each townhouse dwelling unit
shall be provided with individual laundry facilities within the dwelling
unit. Outdoor laundry drying facilities are expressly prohibited.
(o)
Maintenance of grounds and buildings. At least
one full-time maintenance employee or caretaker, who shall maintain
residence within the development, shall be provided for each 100 dwelling
units in the development. Adequate storage area for materials and
equipment necessary for the maintenance of the apartment-townhouse
development shall be provided on the site.
[Amended 5-4-1987 by Ord. No. 444; 9-8-1987 by Ord. No.
445; 6-1-1992 by Ord. No. 514]
A.
Purpose. The purpose of the O-R Office Residence Zone
is to permit the use of a portion of a residential structure for office
purposes in order to preserve a residential area character while providing
a transitional use from residential to business in areas of the Borough
appropriate for such transition.
[Added 12-20-2001 by Ord. No. 2001-6[1]]
A.
Purpose. The purpose of this zoning district is to
delineate the boundary of the town's commercial center and to ensure
that changes within the district preserve and enhance the intimate
scale and pedestrian orientation of the area. This section is designed
to provide both flexibility to stimulate positive changes and ample
guidance to assure that future changes advance the objectives of the
town center as articulated in the Master Plan. It is the intention
of this section to promote interest in the downtown area by encouraging
a mixture of small-scale business uses which are pedestrian-oriented
and building facades which are pedestrian-friendly. The permitted
uses are intended to be compatible with and complement each other
to create a pedestrian-oriented shopping environment consistent with
the character of the surrounding community, relying less heavily on
high volume or regional vehicular traffic, Residential uses are retained
to promote a presence of Borough residents in the Town Center after
businesses are closed. The site plan, facade, building floor plans,
and operation of the permitted uses shall enhance the character of
the town center as depicted in the Master Plan and in this section.
B.
Permitted primary uses. The following primary uses
are permitted in the Town Center Zone:
(1)
Neighborhood retail and specialty shops, including:
(a)
Stores selling groceries, meats, baked goods,
and other similar food items;
(b)
Hardware stores and general merchandise stores;
(c)
Pharmacies;
(d)
Photo shops and pet grooming establishments;
(e)
Stationery stores, florists, antique shops,
bookstores, toy stores, and gift shops;
(f)
Jewelry, clothing and shoe shops;
(g)
Consignment shops;
(h)
Delicatessens, luncheonettes, pizza parlors,
ice cream parlors, and coffee shops;
(i)
Full-service restaurants;
(j)
Other neighborhood retail and specialty shops
which are found by the Planning Board acting as a Board of Adjustment
to be clearly of the same character as, and not incompatible with,
the above specified uses.
(2)
The following personal service establishments:
(a)
Banks;
(b)
Shoe repair and tailor service shops;
(c)
Barber shops and beauty salons;
(d)
Travel agencies;
(e)
Other personal service establishments which
are found by the Planning Board acting as a Board of Adjustment to
be clearly of the same character as, and not incompatible with, the
above specified uses.
(4)
Municipal parks and buildings.
(5)
General business office uses on the second and/or
third floors of a building where the Borough Zoning Officer or the
Planning Board has determined that the size, access or other physical
features of the second and/or third floor preclude the floor from
being used as a residential dwelling unit, provided that no office
uses shall be permitted above a residential dwelling or floor that
could accommodate a residential dwelling.
[Added 12-3-2007 by Ord. No. 2007-12]
C.
Permitted accessory uses. The accessory uses permitted
in the Town Center Zone are the following:
[Amended 7-7-2008 by Ord. No. 2008-4]
(1)
Off-street parking facilities for the use of customers
and employees;
(2)
Private garage space for the storage of commercial
vehicles used in conjunction with a permitted business use;
(3)
Sidewalk sales by adjacent retail merchandise stores
when authorized by a permit issued by the Borough Clerk;
(4)
Outdoor dining contiguous to restaurants;
(5)
Storage sheds related to the primary use, limited
to one in number;
(6)
Garages for residential uses;
(7)
Other accessory uses which the Planning Board acting
as a Board of Adjustment finds are clearly incidental and subordinate
to the primary use and enhance the character of the town center as
depicted in the master plan and in this section.
D.
Prohibited uses. Any use not hereby specifically permitted
in the town center is prohibited. The following uses are hereby specifically
prohibited:
(1)
Tanning salons;
(2)
Pool halls and video arcades;
(3)
Tattoo parlors;
(4)
Twenty-four-hour businesses, other than ATM machines;
(5)
Sexually oriented businesses, to the full extent such
business may be prohibited pursuant to law.
(6)
Cannabis
cultivators, cannabis manufacturers, cannabis wholesalers, cannabis
retailers, cannabis distributors, cannabis delivery services, medical
cannabis cultivators, medical cannabis manufacturers, medical cannabis
dispensaries and clinical registrants.
[Added 8-9-2021 by Ord. No. 2021-9]
E.
Schedule of regulations. The following regulations
shall apply to the Town Center Zone:
(1)
Lot dimensions. Lots existing as of the date of adoption
of the ordinance first creating the Town Center Zoning District are
deemed conforming. The maximum area of any new lot created by subdivision
or merger shall be 15,000 square feet. The minimum frontage of an
improved lot created by subdivision or merger shall be 25 feet.
(2)
Front yard setback. The minimum front yard building
setback shall be that existing on the date of adoption of the ordinance
first creating the Town Center Zoning District or, if there is no
preexisting setback or such setback as may have existed cannot be
established, the minimum front yard setback shall be five feet.
(3)
Side yard setback. The minimum side yard building
setback shall be that existing on the date of adoption of the ordinance
first creating the Town Center Zoning District or, if there is no
preexisting setback or such setback as may have existed cannot be
established, the minimum side yard setback shall be five feet.
(4)
Rear yard setback. The minimum rear yard building
setback shall be the less restrictive of that existing on the date
of adoption of the ordinance first creating the Town Center Zoning
District or 25 feet. The setback shall be 50 feet where the rear yard
abuts a residential district or a mixed-use residential district.
[Amended 5-2-2011 by Ord. No. 2011-5]
(5)
Building height. The minimum building height shall
be two stories or 28 feet. The maximum building height shall be three
stories or 40 feet.
(6)
Lot coverage. Lot coverage shall not exceed 80%.
[Amended 5-2-2011 by Ord. No. 2011-5]
(7)
Hours of operation. All nonresidential establishments,
with the exception of ATM facilities, must close by midnight and remain
closed to business until 5:00 a.m.
(8)
All buildings shall have a dual-pitched, single-ridge
roof (such as a gable, hip, gambrel or mansard roof); provided, however,
that where roof-mounted equipment is necessary and/or preferable for
the operation of the building, a facade roof treatment exhibiting
the appearance of such a dual-pitched, single-ridge roof may be permitted
if specifically approved by the Planning Board as part of a submitted
site plan application. No flat roofs shall be permitted.
[Added 12-3-2007 by Ord. No. 2007-12]
[1]
Editor's Note: This ordinance also provided
for the repeal of former § 215-71, B-R Retail Business Zone,
as amended.
[Added 12-20-2001 by Ord. No. 2001-6]
A.
Purpose. The purpose of the Town Center Buffer Zone
is to function as a transition between the more intensive town center
uses and nearby residential areas. Central to this objective is the
intent to preserve both residential appearance and residential uses
in this zoning district, retaining some residential use in each structure
as well as the exterior residential character of all structures within
the zone. Moreover, businesses should have a pedestrian orientation.
The permitted uses will be those which typically perform within a
pedestrian-oriented environment without high volume or regional vehicular
traffic, and will enhance the character of the Town Center Buffer
Zone as described in the Master Plan and in this section. The intensity
and operation of the nonresidential uses within this zone shall not
adversely impact on neighboring residential uses or zoning districts.
B.
Permitted primary uses. The primary uses permitted
in the Town Center Buffer Zone are the following:
(1)
The following residential uses:
(a)
One-family dwellings;
(b)
Multifamily dwellings in existence on the effective
date of adoption of the ordinance first creating the Town Center Buffer
Zoning District;
(c)
Dwellings within a structure which includes
permitted nonresidential uses;
(d)
Home occupations incidental and subordinate
to permitted residential uses.
(2)
The following nonresidential uses if located
within a structure which includes permitted residential uses:
(a)
Professional offices and professional offices
with retail operations, other than medical offices;
(b)
Medical offices without retail operations;
(c)
General business offices; real estate, insurance,
advertising;
(d)
Executive or administrative offices; counseling;
financial services; Red Cross; YMCA; YWCA;
(e)
Other nonresidential uses which are found by
the Planning Board acting as a Board of Adjustment to be clearly of
the same character as, and not incompatible with, the above specified
uses.
C.
Permitted accessory uses. The accessory uses permitted
in the Town Center Buffer Zone are the following:
(1)
Outdoor employee dining in rear yards;
(2)
Storage sheds related to the primary use, limited
to one in number;
(3)
Garages for residential uses;
(4)
Other accessory uses which the Planning Board
acting as a Board of Adjustment finds are clearly incidental and subordinate
to the primary use and enhance the character of the Town Center Buffer
Zone as depicted in the Master Plan and in this ordinance.
D.
Prohibited uses. Any use not hereby specifically permitted
in the Town Center Buffer Zone is prohibited. The following uses are
hereby specifically prohibited:
(1)
Tanning salons;
(2)
Pool halls and video arcades;
(3)
Tattoo parlors;
(4)
Twenty-four-hour businesses, other than ATM
machines;
(5)
Sexually oriented businesses, to the full extent
such business may be prohibited pursuant to law.
(6)
Cannabis cultivators, cannabis manufacturers, cannabis wholesalers,
cannabis retailers, cannabis distributors, cannabis delivery services,
medical cannabis cultivators, medical cannabis manufacturers, medical
cannabis dispensaries and clinical registrants.
[Added 8-9-2021 by Ord. No. 2021-9]
A.
Permitted primary uses. The permitted primary uses
allowed in the B-H Highway Business Zone shall be as follows:
(1)
Retail business and personal service establishments
which are clearly of a community service character, such as, but not
limited to, the following:
[Amended 4-9-2007 by Ord. No. 2007-4]
(a)
Stores selling groceries, meats, baked goods,
and other such food items.
(b)
Drug and pharmaceutical stores.
(c)
Stationery, tobacco, and newspaper stores.
(d)
Luncheonettes and confectionery stores.
(e)
Department and general merchandise stores.
(f)
Hardware, appliance, furniture, and radio and
television stores.
(g)
Clothing, accessory and jewelry stores.
(h)
Restaurants.
(i)
Barber and beauty shops.
(j)
Shoe repair shops.
(k)
Tailor shops, dry-cleaning pickup shops, and
self-service laundries.
(l)
Business and professional offices, banks, and
financial institutions.
(m)
Commercial schools conducted for profit.
(n)
Residential professional offices.
(o)
Theaters and other similar places of public
assembly.
(2)
Animal hospitals.
(3)
Lumber and building materials yards.
(4)
Wholesale business establishments other than cannabis
wholesalers.
[Amended 8-9-2021 by Ord. No. 2021-9]
(5)
Other business uses which in the opinion of the Planning
Board acting as a Board of Adjustment are similar in scale and service
nature to those permitted above.
[Amended 12-29-1999 by Ord. No. 99-16]
B.
Permitted secondary uses. The permitted secondary
uses allowed in the B-H Highway Business Zone shall be as follows:
C.
Conditional uses. The conditional uses allowed in the B-H Highway Business Zone shall be as follows and shall be further subject to the provisions of Article VIII:
(1)
Public utility uses.
(2)
Motor vehicle service establishments.
(3)
Motels.
(4)
Motor vehicle sales establishments.
(5)
Cannabis
retailers (without cannabis consumption areas).
[Added 8-9-2021 by Ord. No. 2021-9]
(6)
Cannabis
delivery services.
[Added 8-9-2021 by Ord. No. 2021-9]
(7)
Medical
cannabis dispensaries (without cannabis consumption areas).
[Added 8-9-2021 by Ord. No. 2021-9]
D.
Prohibited
uses. Any use not hereby specifically permitted in the B-H Highway
Business Zone is prohibited. The following uses are hereby specifically
prohibited:
[Added 8-9-2021 by Ord. No. 2021-9[1]]
(1)
Cannabis
cultivators, cannabis manufacturers, cannabis wholesalers, cannabis
distributors, medical cannabis cultivators, medical cannabis manufacturers
and clinical registrants.
[1]
Editor's Note: This ordinance also provided for the redesignation
of former Subsection D as Subsection E.
E.
Other provisions and requirements.
(1)
Off-street parking space for the use of customers
and employees shall be provided as follows:
(a)
Retail business uses: one space for each 100
square feet of sales floor area.
(b)
Personal and business service establishments:
one space for each 300 square feet of floor area.
(c)
Professional and business offices: one space
for each 200 square feet of floor area.
(d)
Restaurants: one space for each four seats,
plus one space for each two employees.
(e)
Theaters and other similar places of public
assembly: one space for each three seats.
(f)
Wholesale business establishments and lumber
and building materials yards: one space for each 500 square feet of
building area.
(2)
Truck loading and unloading facilities shall be provided
on the property in other than the front yard area in sufficient amount
to permit the transfer of goods in other than a public street. Such
space shall not infringe upon area required for off-street parking.
(3)
Parking areas may be located within any of the required
yard area, provided that they are not within 25 feet of the boundary
of a residence zone or street line. Driveways shall be limited to
two for each 200 feet of frontage on a public street. Such driveways
shall be in accordance with the standards specified in Figure 1.[2] Wherever practical, acceleration and deceleration lanes
shall be provided.
[2]
Editor's Note: Figure 1 is included as an attachment to this chapter.
(4)
Uses in this zone requiring site plan approval shall
consider the site and building design standards of the Northwest Quadrant
Detailed Design Plan.
[Amended 8-4-2003 by Ord. No. 2003-7
A.
Permitted primary uses.
(1)
Executive or administrative, general business and
professional offices.
(2)
Technical training centers, provided all instruction
is conducted indoors.
(3)
Child-care centers licensed by the Department of Human
Services pursuant to P.L. 1983, c. 492 (N.J.S.A. 30:5B-1 et seq.).
(4)
Educational
uses.
[Added 5-2-2011 by Ord. No. 2011-5]
B.
Permitted accessory uses.
(1)
Municipal parks, playgrounds and buildings deemed
appropriate and necessary by the Borough Council of the Borough of
Pennington.
(2)
Garage and storage buildings which are necessary to
store any vehicles, equipment or materials on the premises in conjunction
with a permitted use.
(3)
Off-street parking for the use of employees and visitors.
(4)
Cafeterias located within a permitted primary use
and operated for the exclusive use of employees and their guests.
C.
D.
Prohibited
uses. Any use not hereby specifically permitted in the O-B Office
Business Zone is prohibited. The following uses are hereby specifically
prohibited:
[Added 8-9-2021 by Ord. No. 2021-9[1]]
(1)
Cannabis
cultivators, cannabis manufacturers, cannabis wholesalers, cannabis
distributors, medical cannabis cultivators, medical cannabis manufacturers
and clinical registrants.
E.
General requirements.
(1)
All lands and uses in the O-B Zone shall comply with
the regulations set forth in the Schedule of Area, Yard and Building
Regulations,[2] except as follows:
(a)
The maximum floor area ratio of all buildings
on a lot shall not exceed 0.30.
(b)
The minimum front yard setback from State Highway
Route 31 only shall be 20 feet for the first 100 feet length of building
plus an additional 10 feet for every additional 50 feet length of
building or portion thereof.
[2]
Editor's Note: The Schedule of Area, Yard and Building Regulations is included as an attachment to this chapter.
(2)
No principal building shall exceed 35 feet and 2 1/2 stories in height, and no accessory building shall exceed 20 feet in height and 1 1/2 stories, except as further allowed in § 215-49, entitled "height modifications."
(3)
All buildings shall have a dual pitched, single ridge
roof (such as a true and complete gable, hip or gambrel roof or a
mansard roof where the lower slope is steeper and deeper than the
upper slope) with a minimum pitch of one foot vertical to eight feet
horizontal. No flat roof shall be permitted; provided, however, that
where roof mounted equipment is necessary and/or preferable for the
operation of the building, a facade roof treatment exhibiting the
appearance of such a dual pitched, single ridge roof on all sides
of the building may be permitted if specifically approved by the Planning
Board as part of a submitted site plan application for development.
(4)
All portions of all buildings on one lot shall be
compatibly designed with a common architectural motif, whether constructed
all at one time or in stages over a period of time. The architectural
design and material surface and color of all building walls on all
sides of all buildings shall be suitably finished for aesthetic purposes
and shall be compatible in design and scale with the surface materials
existing within the neighborhood.
(5)
Where a building wall is longer than 50 feet in any
one plane and where said wall is visible to the public, the wall and
roofline shall be interrupted with offsets, projections, recesses
and architectural elements to break the visual appearance of a linear
building wall.
(6)
Any principal building may contain more than one principal
permitted use, provided that the total floor area ratio and total
building and lot coverages of the combined uses do not exceed the
maximums specified for the zoning district, that each use occupies
a minimum gross floor area of 250 square feet and that the combined
off-street parking requirements for all uses are met.
(7)
No individual building shall exceed 25,000 square
feet on the first floor. However, more than one building shall be
permitted on a lot, provided that the total floor area ratio and total
lot coverage of the combined uses/buildings on the lot do not exceed
the maximums specified for the zoning district for a use/building
on an individual lot.
(a)
In order to promote a low-intensity, village
atmosphere of smaller buildings clustered in a pedestrian-oriented,
nonlinear layout, multiple detached principal buildings shall be permitted
on a lot, provided that, to the extent practicable, the placement
of buildings shall be staggered, with varying building setbacks and
with the orientation of the fronts of buildings situated at angles
to one another and/or otherwise designed to promote a nonlinear appearance.
(b)
All buildings shall be separated by a minimum
of 30 feet where any part of such separation is to be used for parking
or vehicular circulation.
(8)
Where there is more than one principal building on
a lot, the development shall be deed restricted as a condition of
site plan approval to include the following restrictions:
(a)
There shall be no expansion or addition of building
space beyond that which was originally approved, unless approved as
part of a subsequent site plan application for the entirety of the
original lot;
(b)
Access from the public street(s) to the buildings
shall not be provided by individual driveways to each building, but
by common drive(s) so as to reduce the number of access points along
the street(s). Parking shall be evenly distributed, with pedestrian
connections between buildings; and
(c)
A single controlling entity, such as a commercial
owners' association or a single owner of the entire development, shall
be provided for the maintenance of the landscaping, multiple tenancy
signs, detention basins, lighting and other common elements or shared
structures and facilities. Blanket cross easements in a form satisfactory
to the Borough Attorney shall be provided throughout the development
for irrevocable cross access for parking, utilities, maintenance and
drainage.
(9)
Unless otherwise specifically approved by the Board
as part of a site plan application, no merchandise, product, equipment
or similar material or objects shall be displayed or stored outside,
except where otherwise permitted by this chapter or the code of the
Borough of Pennington. Where merchandise, products, equipment or similar
material or objects are approved by the Board to be displayed or stored
outside, the materials shall be suitably screened to be obscured from
view from any adjacent residential uses and must be situated within
the property lines of the principal use.
(10)
All portions of a lot not covered by buildings
or structures (e.g., parking lots, parking spaces, loading areas,
access aisles, driveways, sidewalks, walkways, curbs, trash enclosures,
etc.) shall be suitably landscaped with grass, shrubs and trees and
shall be maintained in good condition. In any case, no less than 40%
of the area of any lot shall be so landscaped, and the landscaped
area may include approved detention and/or retention basins.
(11)
No parking, loading area, driveway or other
structure (except for approved accessways, signs and fencing) shall
be permitted within 10 feet of any property line and within 25 feet
of any street line or residential zoning district, and such perimeter
area shall be planted and maintained in lawn areas or ground cover
and landscaped with shrubbery, except that:
(a)
No parking, loading area, driveway or other
structure (except for approved accessways, signs and fencing) shall
be permitted in the front yard area between the principal building
and State Highway Route 31.
(b)
The Planning Board may approve off-street parking
in front yard areas between principal buildings and State Highway
Route 31 where the existing development on the subject property (e.g.,
an existing building set back an excessive distance from the abutting
street right-of-way) creates a practical difficulty in locating the
required off-street parking in rear and/or side yard areas, provided
that:
[1]
A minimum parking setback of 25 feet to any
street line shall be provided, where feasible, and shall be planted
and maintained in lawn area or ground cover and shall be landscaped
with trees and shrubbery as approved by the Board; and
[2]
When approving the location of off-street parking
in front yard areas, the Planning Board must find that parking may
be located within the front yard area without adversely affecting
neighboring properties.
(c)
Driveways with appropriate cross easements providing
access between adjacent lots shall be permitted and provided, where
feasible; on-site circulation systems and parking areas shall be designed
to accommodate the interconnection between adjacent lots.
(12)
Uses in this zone requiring site plan approval
shall consider the site and building design standards of the Northwest
Quadrant Detailed Design Plan.
(13)
Dwelling units are specifically prohibited in
this zone.
F.
Off-street parking requirements. Each individual use
shall provide parking spaces according to the following minimum provisions.
Where a permitted use of land includes different specific activities
with different specific parking requirements, the total number of
required parking spaces shall be obtained by computing individually
the parking requirements for each different activity and adding the
resulting numbers together:
(1)
Offices, laboratories and technical training centers
shall provide parking at the ratio of one parking space per 200 square
feet of gross floor area or part thereof.
(2)
Child-care centers shall provide parking at a ratio
of one parking space per employee, plus one additional parking space
for every eight children.
(3)
Parking areas for individual uses shall be designed
to be interconnected with adjacent properties and shall utilize common
entrance(s) and exit(s), where feasible, to minimize access points
to the street.
G.
Off-street loading requirements.
(1)
Each principal building or group of buildings shall
provide at minimum one off-street loading space on site at the side
or rear of the building or within the building. Any loading dock space
shall have adequate ingress and egress from a public street and adequate
space for maneuvering. There shall be no loading or unloading from
the street or front yard area.
(2)
There shall be at least one trash and garbage pickup
location on site within convenient access to the building being served,
including provisions for the separation and collection of recyclable
materials in accordance with the recycling requirements of Mercer
County and in accordance with the following:
(a)
The trash and garbage pickup location shall
be provided either within the building being served or in a pickup
location outside the building;
(b)
If located within the building, the doorway
may serve both the loading and trash/garbage functions, and if located
outside the building, it may be located adjacent to or within the
general loading area(s), provided the container in no way interferes
with or restricts loading and unloading functions;
(c)
If located outside the building, the trash and
garbage pickup location shall include a steel-like, totally enclosed
trash and garbage container located in a manner to be obscured from
view from parking areas, streets and adjacent residential uses or
zoning districts by a fence, wall, planting or combination of all
three; and
[Added 9-2-1985 by Ord. No. 398]
A.
Permitted primary uses. The permitted primary uses
allowed in the P-O Professional Office Zone shall be as follows:
C.
Other provisions and requirements.
(1)
Off-street parking facilities shall be provided in
other than the front yard in accordance with the minimum standards
specified below, shall not be located within 20 feet of the boundary
of a residence zone and shall have suitable means for ingress and
egress.
(2)
No vehicular access to Queens Lane shall be permitted.
A landscaped buffer at least 30 feet in width shall be provided along
the Queens Lane frontage within this zone.
(3)
Total building floor area shall not exceed 16% of
total lot area.
(4)
Only one vehicular access to South Main Street shall
be permitted.
(5)
Uses in this zone requiring site plan approval shall
consider the site and building design standards of the Northwest Quadrant
Detailed Design Plan.
(6)
In order to maintain the existing residential appearance
of this area, the exterior of new office buildings shall have a residential
appearance, and the exterior of existing structures shall not be significantly
altered unless their residential appearance is maintained.
(7)
In order to minimize the extent of paved areas, up
to 50% of required parking spaces may be designated for compact vehicles
if such designation is approved by the Planning Board at time of site
plan review. Such compact spaces may be eight feet wide and 17 feet
long.
[Added 6-1-1992 by Ord. No. 514]
A.
Permitted primary uses. The permitted primary uses
allowed in the E-1 Education Zone shall be as follows:
(1)
Private nonprofit educational institutions and related
facilities, such as but not limited to administrative offices, libraries,
dining halls, theaters, classroom buildings and uses, faculty and
student housing and recreational facilities and uses.
(2)
One-family dwellings, in accordance with the standards
and requirements of the R-80 Zone.
B.
Permitted secondary uses. The permitted secondary
uses allowed in the E-1 Education Zone shall be as follows:
D.
Other provisions and requirements.
(1)
Off-street parking space requirements for educational
institutions shall be determined by the Planning Board, taking into
consideration the requirements for similar uses in other zones, the
likelihood of all-day or short-term use of parking spaces, the need
for parking for a specific use and the availability of existing on-site
spaces.
(2)
Parking areas for educational institutions may be
located in any of the required yard areas, provided that they are
not less than 10 feet from a property line and not less than 25 feet
from the boundary of a residential zone or from a street line and
provided with a buffer of landscape planting or other screening treatment
acceptable to the Planning Board.
(3)
All buildings should permit emergency vehicle access
by some practicable means to all sides.
[Added 6-1-1992 by Ord. No. 514]
A.
Permitted primary uses. The permitted primary uses
allowed in the E-2 Education Zone shall be as follows:
B.
Permitted secondary uses. The permitted secondary
uses allowed in the E-2 Education Zone shall be as follows:
D.
Other provisions and requirements.
(1)
Off-street parking space requirements for educational
institutions shall be determined by the Planning Board, taking into
consideration the requirements for similar uses in other zones, the
likelihood of all-day or short-term use of parking spaces, the need
for parking for a specific use and the availability of existing on-site
spaces.
(2)
Parking areas for educational institutions may be
located in any of the required yard areas, provided that they are
not less than 10 feet from a property line and not less than 25 feet
from the boundary of a residential zone or from a street line and
provided with a buffer of landscape planting or other screening treatment
acceptable to the Planning Board.
(3)
All buildings should permit emergency vehicle access
by some practicable means to all sides.
[Added 6-1-1992 by Ord. No. 514; amended 11-4-1996 by Ord. No.
96-16]
A.
Purpose. The purpose of the MU-1 Mixed Use Zone is
to provide appropriate development regulations for an area unique
in the Borough in terms of its historic use and location and its development
constraints of site size, shape and proximity to the railroad.
[Amended 12-5-2011 by Ord. No. 2011-18]
B.
Permitted primary uses. The permitted primary uses
allowed in the MU-1 Mixed Use Zone shall be as follows:
[Amended 12-5-2011 by Ord. No. 2011-18]
C.
Permitted secondary uses. The permitted secondary
uses allowed in the MU-1 Mixed Use Zone shall be as follows:
(1)
Permitted community-service uses, scientific and research
laboratories and private warehousing and storage uses, subject to
the following standards:
(a)
No use shall generate, as measured at the building
setback line, any noise, vibration, heat, glare, smoke, odor, air
pollution or dust in amounts exceeding that which might reasonably
be expected to be generated by a permitted residential use.
(b)
No use shall store or generate as part of its
operation hazardous chemicals, waste or combustibles.
(d)
Building size shall be limited to two stories
or 25 feet in height and a maximum footprint of 3,000 square feet.
(e)
Private warehousing and storage uses shall not
occupy more than 50% of the gross floor area of a development site.
(f)
The total floor area ratio of a development
site shall not exceed 0.15, and total impervious coverage shall not
exceed 50%.
D.
Other provisions and requirements for all nonresidential
uses.
(1)
Building setback requirements. Buildings shall be
set back at least 10 feet from a railroad right-of-way line, at least
25 feet from a street line and at least 50 feet from the property
line of a contiguous residential use.
(2)
Off-street parking requirements shall be as follows:
(a)
All uses: one space per employee.
(b)
Off-street parking facilities shall not be located
within a front yard setback area or within five feet of a property
line.
(c)
Parking areas shall be screened from street
view by a landscaped buffer, and from other areas by a solid fence
or landscaped buffer.
F.
Prohibited
uses. Any use not hereby specifically permitted in the MU-1 Mixed
Use Zoning District is prohibited. The following uses are hereby specifically
prohibited:
[Added 8-9-2021 by Ord. No. 2021-9]
(1)
Cannabis
cultivators, cannabis manufacturers, cannabis wholesalers, cannabis
retailers and cannabis distributors, medical cannabis cultivators,
medical cannabis manufacturers, medical cannabis dispensaries and
clinical registrants.
[Added 6-1-1992 by Ord. No. 514; amended 11-4-1996 by Ord. No.
96-16]
A.
Purpose. The MU-2 Mixed Use Zone provides the opportunity
for the development of a balanced mix of uses in existing structures
and their surrounding areas as well as the harmonious integration
of new structures with the historic neighborhood.
B.
Permitted primary uses. The permitted primary uses
allowed in the MU-2 Mixed Use Zone shall be as follows:
(1)
Attached dwelling units in accordance with the provisions of § 215-69D and one-family dwellings as permitted and as regulated in the R-80 Zone.
(3)
Retail business and personal service establishments
as defined in §§ 215-71A(3) and (4).
(4)
Municipal parks, playgrounds, buildings and/or structures.
C.
Permitted secondary uses. The permitted secondary
uses allowed in the MU-2 Mixed Use Zone shall be as follows:
D.
Prohibited
uses. Any use not hereby specifically permitted in the MU-2 Mixed
Use Zoning District is prohibited. The following uses are hereby specifically
prohibited:
[Added 8-9-2021 by Ord. No. 2021-9[1]]
(1)
Cannabis
cultivators, cannabis manufacturers, cannabis wholesalers, cannabis
retailers, cannabis distributors, cannabis delivery services, medical
cannabis cultivators, medical cannabis manufacturers, medical cannabis
dispensaries and clinical registrants.
E.
Office and retail use restrictions.
(1)
Professional office and business offices shall only
be located within existing structures or structures that have been
renovated and/or enlarged or new structures in which at least 40%
of such floor area is maintained in residential use. Such professional
office and business office uses shall not exceed a maximum of 3,000
square feet in any single structure.
(2)
Retail business and personal service establishments
shall only be located within existing structures, or structures that
have been renovated and/or enlarged or new structures in which at
least 40% of such floor area is maintained in residential use. Such
uses shall not exceed a maximum of 6,000 square feet in any single
structure.
F.
Bulk standards.
(1)
Total floor area shall not exceed 28% of total lot
area, and total residential floor area shall not be less than 40%
of total developed floor area.
G.
Parking, loading and screening.
(1)
Off-street parking facilities shall be provided in
accordance with the minimum standards specified below:
(2)
Truck loading and unloading facilities shall be provided
on the property in other than the front yard area in sufficient amount
to permit the transfer of goods on other than a public street.
(3)
Parking areas may be located in any of the required
setback areas, provided that they are not less than 25 feet from a
residential zone.
(4)
Screening. Fences, walls, shrubbery or other appropriate
screening devices shall be installed around trash storage areas, parking
areas, service areas and at such other location deemed desirable or
necessary by the Planning Board.
H.
Building and site design.
(1)
New construction or expansion or renovation of existing
structures shall be designed to follow the historic character of the
general area and the Borough.
(2)
Site plan review is required and applications for
site plan review shall include exterior building design proposals.
The exterior building design submission shall include all building
elevations, indicating door and window type, facade and roof materials
and all appropriate architectural details.
(3)
A conceptual site design plan for all adjacent land
parcels in this zone in the same ownership may be required for purposes
of determining conformance with the provisions of this chapter.
[Added 2-13-2002 by Ord.
No. 2002-1; amended 9-8-2014 by Ord. No. 2014-17]
A.
Purpose and definition.
(1)
One of the purposes of this zone is to provide for "age-targeted
dwelling units" as a residential option for the Pennington and surrounding
community. For purposes of this zone, the term "age-targeted dwelling
unit" is defined as attached, one-family dwelling units designed with
a master bedroom on the first floor intended to attract as purchasers
empty nesters, childless couples or households which are downsizing
but who wish to remain in the Pennington community.
(2)
Another purpose of this zone is to comply with the substantive
rules and regulations of the New Jersey Council on Affordable Housing
promulgated pursuant to the New Jersey Fair Housing Act.
(3)
Another purpose of this zone is to balance the need for affordable
housing, good site plan design and landscaped open spaces with potential
private interests in developing the zone and to implement the recommendations
of the February 2014 "Land Use Plan Amendment: Supplemental Modifications
To The September 2013 Master Plan And Development Regulations Periodic
Reexamination Report," as adopted by the Planning Board on March 12,
2014. The flexibility that has been incorporated in these provisions
also is expected to encourage the zone's potential for innovative
site plan design and the highest quality landscaped open space. Any
proposed site plan shall preserve as much of the mature landscape
specimens within the zone as possible.
B.
Permitted primary uses.
(1)
A mixed residential housing development on tracts of land at
least 12 acres in size which is planned, approved and constructed
as a single entity, which does not exceed a density of 6 2/3
(6.667) dwelling units per gross acre of land or a maximum of 80 units,
whichever is less, and which consists of the following:
(2)
Municipal parks, playgrounds, and public purpose uses, including
municipal buildings and/or structures connected with the governmental
function or a governmental service.
(3)
Conservation areas, open spaces, and common open spaces, including
passive and active recreational facilities.
(4)
Detached one-family dwelling units existing prior to the adoption
of this section.
C.
Permitted accessory uses.
(1)
Common recreational facilities as specifically approved by the
Planning Board within the specified open space areas in order to satisfy
the needs of the residential population within the development.
(2)
Landscaping features including benches, trellises, and other
such features customarily associated with the permitted primary uses,
as the case may be.
(3)
Fences and walls in accordance with the design provisions specified in § 215-24 of this chapter, provided that no fence or wall shall be permitted in the front of an individual unit, building or lot developed with a dwelling unit.
(4)
Patios, balconies and decks.
(5)
Off-street parking and private garages.
(7)
Stormwater facilities.
(8)
Pump stations to serve a mixed residential housing development.
D.
Height, area, yard and distance requirements for permitted uses.
(1)
No dwelling unit shall exceed 35 feet in height and 2 1/2
stories.
(2)
The minimum distances between buildings shall be 30 feet, which
shall be measured horizontally in feet from the front, side and rear
of each building.
(3)
The minimum distance between a building and an internal street
shall be 20 feet, and the minimum distance between a building and
a parking area shall be 10 feet.
(4)
A minimum fifty-foot setback from the right-of-way of State
Highway Route 31 and from the Pennington Pointe development to the
north, a minimum forty-foot setback from any other existing street
line, and a minimum twenty-five-foot setback from any other tract
boundary line shall be required for any building or structure, except
approved driveways, signs or fencing.
(5)
Within the required tract boundary setback areas referred to above in § 215-78.1D(4), a landscape buffer screening shall be required, except within wetland and wetland buffer areas. If the existing vegetation is not sufficient to provide adequate buffering as determined by the Planning Board, the vegetation shall be supplemented with densely planted evergreen trees at least six feet high at time of planting, spaced no more than 10 feet apart on-center.
(6)
Fee simple lots encompassing individual dwelling units may be
freely disposed and arranged on a tract of land, provided they are
super-imposed upon an approved site/subdivision plan for the subject
development and meet the following provisions:
(a)
The boundaries of any fee simple lot shall not infringe upon
the required tract boundary setbacks, wetlands, wetlands transition
areas, stormwater management basins or other similar common elements
or structures (e.g., parking lots, sidewalks, streets, etc.).
(b)
The fee simple lot shall not extend more than 15 feet from the
rear of a dwelling unit and shall not extend more than eight feet
from the side of an end dwelling unit except to encompass a driveway
for a side entry garage.
E.
General requirements.
(1)
The development shall be connected to approved and functioning
public sanitary sewer and water systems.
(2)
No direct vehicular access shall be permitted onto State Highway
Route 31.
(3)
At least 50% of the market rate units in a mixed residential
housing development shall be age-targeted attached one-family dwelling
units.
(4)
Any development shall strive to maintain the existing trees
onsite to the greatest extent possible.
(5)
No rear of any dwelling unit shall face West Franklin Avenue;
no rear of any dwelling unit shall face Knowles Street unless sufficiently
buffered. The existing streetscape along Knowles Street and West Franklin
Avenue shall be enhanced with landscaping.
(6)
Any mixed residential housing development shall be conceived,
designed, and preliminarily approved as a single entity, whether constructed
all at one time or in stages over a period of time as a result of
a phasing plan provided at the time of final site plan application
and approved by the Planning Board.
(7)
The entirety of a mixed residential housing development shall
be planned and developed with a common architectural theme which shall
be subject to review and approval by the Planning Board; the architectural
theme shall include the appearance of buildings, signing, fencing,
lighting, paving, curbing, and landscaping. The architectural design
and material surface and color of all building walls on all sides
of all buildings shall be suitably finished for aesthetic purposes
and shall be compatible in design and scale with the surface materials
existing within the neighborhood.
(8)
All areas not covered by buildings or structures (e.g., parking
lots, parking spaces, driveways, sidewalks, walkways, curbs, etc.)
shall be suitably landscaped with grass, shrubs, and trees and shall
be maintained in good condition.
(9)
Sidewalks shall be provided along all street frontages, except
State Highway Route 31, and elsewhere throughout the development so
as to provide connections to other areas in the Borough. Sidewalks
only are required on one side of the internal streets within the development.
(10)
A mixed residential housing development shall provide adequate
passive and/or active recreational facilities within the specified
open spaces in order to satisfy the needs of the anticipated residential
population of the development. All recreational facilities shall adhere
to the standards set forth in the Barrier Free Subcode of the Uniform
Construction Code of the State of New Jersey.
F.
Building requirements.
(1)
No dwelling unit shall contain more than three bedrooms.
(2)
Townhouses shall be at least 20 feet wide but no wider than
26 feet, with a maximum of eight units per building. No age-targeted
dwelling unit shall exceed 35 feet in width, and no more than four
units shall be attached in any one building.
(3)
The maximum size of any market rate dwelling unit shall be 2,500
gross square feet, excluding garages, cellars and those basements
that are not considered a "story" by definition.
(4)
Strong architectural controls governing the appearance of the
dwellings and lots shall be included in any homeowners' association
documents and/or lease agreements and shall be subject to review and
approval by the Planning Board.
(5)
All buildings shall have a dual-pitched, single-ridge roof (such
as a true and complete gable, hip or gambrel roof or a mansard roof
where the lower slope is steeper and deeper than the upper slope)
with a minimum pitch of one foot vertical to eight feet horizontal.
(6)
All building facades shall have vertical and/or horizontal offsets
to create visual breaks and articulation along each facade; long,
monotonous, uninterrupted walls are not permitted.
(7)
Patios, balconies, first floor decks, and privacy fences may
be permitted, subject to the specific approval by the Planning Board
of specific standards and designs submitted as part of the site plan
application and as included in the Homeowners' Association documents,
provided that such decks are located in rear yard areas only. Affordable
one-family apartment units may have second floor decks in any yard
area, provided the decks are an integral design of the apartment building
as approved by the Planning Board at the time of the original site
plan application.
G.
Low- and moderate-income housing requirements.
(1)
For a mixed residential housing development, there shall be
a minimum of 20% of the total number of dwelling units set aside as
affordable dwelling units subsidized or otherwise made available to
low- and moderate-income households in accordance with the "Substantive
Rules" of the New Jersey Council On Affordable Housing (COAH).
(2)
The affordable dwelling units shall be dispersed throughout
the development to the greatest extent possible. The appearance and
the type of affordable units shall not be distinguishable from that
of a market rate unit.
(3)
The affordable dwelling units shall meet the bedroom distribution
requirements set forth in N.J.A.C. 5:80-26.3 and shall be constructed
and marketed in accordance with COAH's prevailing rules and N.J.A.C.
5:80-26.1.
H.
Off-street parking requirements.
(1)
Each driveway leading to the garage of a residential unit shall
be at least 18 feet in length, measured between the garage door and
the curb or between the garage door and a sidewalk, whichever distance
is less.
(2)
Dwelling units shall provide parking in accordance with the
requirements of the residential site improvement standards (RSIS).
(3)
In instances where no on-street parking is permitted, designated
off-street guest parking spaces shall be provided at a ratio of 1/2
space per market rate residential unit.
I.
Sign requirements. All signage shall be in accordance with the requirements specified in Article III, Sign Regulations, and specifically § 215-39 of this chapter, except as follows:
(1)
A mixed residential housing development shall be permitted one
ground-mounted free-standing sign no larger than eight square feet
in area identifying the name of the development along each street
from which direct access is provided.
(2)
The permitted free-standing signs shall not exceed four feet
in height and shall be set back at least five feet from all property
and street lines.
(3)
The free-standing signs may be lighted, provided the lighting
is exterior to the sign and is located at the top of the sign and
focused downward onto the sign.
[Added 7-7-2014 by Ord. No. 2014-5[1]]
A.
Purpose. The purpose of the Route 31 Corridor Business Overlay Zone
is to create a mixed-use, pedestrian-friendly development that is
aesthetically pleasing. The permitted uses are intended to be compatible
with and complement each other to create a pedestrian-oriented shopping
environment consistent with the character of the surrounding community.
All new development and redevelopment on lands within the Route 31
Corridor Business Overlay Zone shall comply with the provisions of
the Overlay Zone.
B.
Permitted primary uses.
(4)
Restaurants.
(5)
Banks and financial institutions.
(6)
Child-care centers.
(7)
Studios, including art, dance, music, etc.
(8)
Health clubs/exercise facilities.
(9)
Passive and/or active recreation areas.
(10)
Municipal services, including emergency response services.
(11)
A mixture of one or more of the aforementioned uses within a
structure or on a parcel.
C.
Permitted secondary uses.
D.
E.
Prohibited uses. Any use not hereby specifically permitted in the
Route 31 Corridor Business Overlay Zone is prohibited. The following
uses are hereby specifically prohibited:
[Amended 8-9-2021 by Ord. No. 2021-9]
(1)
Retail uses where an individual store/tenant is greater than
10,000 square feet.
(2)
Auto repair, service, and/or gas stations.
(3)
Automobile sales.
(4)
Drive-through facilities related to a restaurant.
(5)
Cannabis cultivators, cannabis manufacturers, cannabis wholesalers,
and cannabis distributors, medical cannabis cultivators, medical cannabis
manufacturers and clinical registrants.
F.
Bulk standards.
(1)
Minimum lot size shall be 10,000 square feet.
(2)
Minimum lot width shall be 100 feet.
(3)
Setbacks for structures shall be as follows:
(4)
Minimum distance between buildings on the same property shall
be 20 feet.
(5)
Maximum lot coverage shall be 65%.
(6)
Maximum building height shall be three stories and 40 feet.
G.
Off-street parking, automobiles.
(1)
General design standards.
(a)
All parking spaces within any parking area shall be clearly
marked and maintained to show the parking arrangement within said
parking area.
(b)
All parking spaces shall measure no less than nine feet in width
by 18 feet in length.
(d)
Parking lots shall be interconnected with adjacent parking lots
to facilitate vehicular and pedestrian circulation.
(e)
Parking lots shall be located to the side or rear of a building.
A single row of parking shall be permitted within the front yard.
(2)
Schedule of off-street parking requirements.
(a)
The following nonresidential off-street parking requirements
shall be followed:
[1]
Retail businesses: one space for each 300 square
feet of building floor area.
[2]
Personal service establishments: one space for
every 300 square feet of building floor area.
[3]
Business and professional offices, banks and financial
institutions: one space for each 250 square feet of building floor
area.
[4]
Child-care centers: one space for each 300 square
feet of building floor area.
[5]
Studios and health club/exercise facilities: one
space for every 400 square feet of building floor area.
[6]
Restaurants: one space for each three seats, plus
one space for each two employees employed therein.
(b)
Shared parking. Nothing in the above requirements shall be construed
to prevent the employment of shared parking, which may be implemented
in one of two manners:
[1]
On-site shared parking. For parcels containing
a multiple-occupant building or two or more buildings with different
permitted uses, on-site shared parking may be implemented.
[a]
A shared parking allowance of 50% shall be permitted
for combining weekday uses with evening/weekend uses in the same building
or in separate buildings on the same parcel. Office and retail uses
are considered to be weekday uses, while residential and restaurant
uses are considered to be evening/weekend uses.
[b]
Fifty percent of the parking requirement of the
evening/weekend use of the building may be met through parking already
provided for the weekday use. For example, a building contains office
space that requires 20 parking spaces and residential units that require
eight parking spaces. The residential parking is permitted to be reduced
by 50% or four parking spaces. Therefore, the development would only
be required to construct 24 parking spaces instead of 28.
[2]
Off-site shared parking. For parcels that cannot
accommodate all or a portion of their required parking spaces, the
differential parking requirement may be shifted to an adjacent property
determined by the Zoning Officer to have parking in excess of zoning
requirements or parking that is demonstrated to be unused during normal
hours of operation. This would require the submission of a memorandum
of agreement between the two property owners, which demonstrates the
shifting of parking spaces from one site to an adjacent site.
H.
Off-street parking, bicycle.
(1)
For retail uses, one bicycle space shall be provided for every
10 retail employees, and at least one bicycle space shall be provided
for every 5,000 square feet of retail space for customers.
(2)
For nonresidential uses other than retail, one bicycle space
shall be provided for every 10 workers, and at least one bicycle space
shall be provided for every 10,000 square feet of space.
(3)
All bicycle racks shall be within 200 feet of the building entrance.
I.
Off-street loading requirements.
(1)
General requirements.
(a)
No off-street loading area or berth shall be located in any
front or side yard except side yards for buildings on a corner lot.
All loading areas/berths shall have unobstructed access that is at
least 10 feet wide to and from a street. Such access may be combined
with access to a parking lot.
(b)
All required loading areas/berths shall be on the same lot as
the uses(s) to which they are accessory.
(2)
Schedule of off-street loading requirements.
J.
General requirements.
(1)
Landscaping. Any front or side yard with a parking area visible
from the street shall be screened with a row of shrubs at least two
feet high when mature. Street trees shall be planted along any street
frontage 30 to 40 feet on center, and foundation plantings shall be
included along the building facade. A landscaped or grass strip at
least five feet wide shall be provided along the front and side yard
property lines.
(2)
On-site circulation. Driveways with appropriate cross easements
providing access between adjacent lots shall be permitted and provided
where feasible. On-site circulation systems and parking areas shall
be designed to accommodate the interconnection between adjacent lots.
(3)
Pedestrian access. Adequate and safe pedestrian access between
uses or separate buildings in the development or on adjacent lots
shall be provided, and the design of the development shall promote
nonvehicular, pedestrian-friendly access, inclusive of bicycle racks,
benches or other such amenities. Sidewalks shall be provided along
street frontages and throughout the development.
(4)
Building design.
(a)
All buildings shall have a dual-pitched, single-ridge roof (such
as a true and complete gable, hip or gambrel roof or a mansard roof
where the lower slope is steeper and deeper than the upper slope)
with a minimum pitch of one-foot vertical to eight feet horizontal.
No flat roof shall be permitted; provided, however, that where roof-mounted
equipment is necessary and/or preferable for the operation of the
building, a facade roof treatment exhibiting the appearance of such
a dual-pitched, single-ridge roof on all sides of the building may
be permitted if specifically approved by the Planning Board as part
of a submitted site plan application for the development.
(b)
All portions of all buildings on one lot shall be compatibly
designed with a common architectural motif, whether constructed all
at one time or in stages over a period of time. The architectural
design and material surface and color of all building walls on all
sides of all buildings shall be suitably finished for aesthetic purposes
and shall be compatible in design and scale with the surface materials
existing within the area.
L.
When effective. This section shall take effect upon passage and publication
as provided by law.
[1]
Editor's Note: This ordinance also repealed former § 215-78.2,
Affordable Housing Overlay Zone, added 12-27-2005 by Ord. No. 2005-17.
