A.
Purpose.
(1)
Since the Borough is an established suburban residential community,
it is the intent of this chapter to preserve and protect the established
character of its neighborhoods and to encourage a compatible relationship
between new and expanded houses and traditional neighboring structures
that reflect the best of local character, particularly in terms of
scale, siting, design features and orientation on site.
(2)
The purpose of this district is to preserve the quality of life
and individuality of the existing detached one-family homes and to
discourage subdivision. The district is intended to protect the character
of the streets and neighborhoods from inappropriate intrusions.
B.
Principal uses and structures. The following principal uses and structures
shall be permitted in the R-6 Zone District:
C.
Accessory uses and structures. The following accessory uses and structures
shall be permitted in the R-6 Zone:
(4)
Family day-care homes as regulated in N.J.S.A. 40:55D-66.5b;
(6)
Private swimming pools enclosed in a yard by a fence not less than four feet high, as regulated in Article 24;
(7)
Accessory uses and structures customarily subordinate and incidental
to permitted principal uses and accessory uses and structures customarily
subordinate and incidental to permitted conditional uses;
(8)
Senior suites; and
D.
Conditional uses and structures. The following conditional uses and structures shall be permitted only if they comply with the appropriate regulations for such uses or structures in Article 30:
(1)
Residential public utility facilities, excluding wireless telecommunications
facilities.
(2)
Community shelters for victims of domestic violence, community
residences for the terminally ill, and community residences for persons
with head injuries, either of the foregoing which house fewer than
16 persons, excluding resident staff, as regulated in N.J.S.A. 40:55D-66.1
and 40:55D-66.2.
(3)
Renewable energy facilities, which must comply with all bulk
standards of the zone. Facilities may be attached to the primary residence,
provided no new variances are created.
E.
Prohibited uses and structures:
(2)
The operation of cultivation facilities, product manufacturing facilities
and/or testing facilities for marijuana, hashish and/or cannabis,
and/or products containing same, and/or paraphernalia that facilitates
the use of marijuana, hashish and/or cannabis.
[Added 6-9-2021 by Ord.
No. 2021-06]
F.
Bulk and lot regulations. The following bulk and lot regulations
shall apply to all development within the R-6 Zone District:
(1)
Minimum lot size. Every lot shall contain a minimum lot area
of 6,000 square feet.
(2)
Minimum lot width. There shall be a minimum lot width of 60
feet.
(3)
Minimum lot frontage. There shall be a minimum lot frontage
of 60 feet for all lots.
(4)
Minimum front yard. There shall be a front yard setback of not
less than 25 feet to the ground floor and 23 feet to the second floor.
(5)
Minimum side yard. Except as provided below for corner lots, there shall be two side yards totaling 25% or more of lot width. Each side yard shall be a minimum of eight feet. For corner lots, the required side yard shall be regulated by Article 23. Notwithstanding the foregoing, patios accessory to and additions and decks attached to a principal building in existence as of the effective date of this subsection may have an eight-foot side yard setback, excluding corner lots, so long as the addition, deck or patio is erected in such a manner that its side lines continue in a straight line or are a distance from the side lot line no greater than the side of the principal building.
(6)
Minimum rear yard. There shall be a rear yard of at least 20
feet in depth.
(7)
Maximum building height. No principal building shall exceed
the maximum of 2 1/2 habitable floors, exclusive of basement,
and 35 feet. The height of a proposed addition may match the existing
nonconforming height of the principal dwelling.
(8)
Maximum building coverage. No more than 50% of the area of any
lot shall be covered by above-grade buildings and/or structures. Decks
and patios, as defined herein, shall not be considered as a building
or structure for purposes of computing this coverage.
(9)
Maximum impervious coverage. No more than 75% of the area of
any lot shall be covered by physical improvements, including but not
limited to any above-grade buildings and/or structures, as well as
at-grade structures, including but not limited to ingress/egress platforms,
sidewalks, parking areas, patios, driveways, swimming pools, etc.,
and including aboveground decks. It is the intention of this provision
that each lot shall have at least 25% of its lot area without any
improvements, dedicated to vegetation.
(10)
Floor area ratio. Floor area ratio shall be limited to 0.75.
G.
Other regulations. In addition to the above requirements, any development
in the R-6 Zone District must comply with all applicable regulations
of this chapter.
A.
Purpose.
(1)
Since the Borough is an established suburban residential community,
it is the intent of this chapter to preserve and protect the established
character of its neighborhoods and to encourage a compatible relationship
between new and expanded houses and traditional neighboring structures
that reflect the best of local character, particularly in terms of
scale, siting, design features and orientation on site.
(2)
The purpose of this district is to preserve the quality of life
and individuality of the existing detached one-family homes and to
discourage subdivision. The district is intended to protect the character
of the streets and neighborhoods from inappropriate intrusions.
B.
Principal uses and structures. The following principal uses and structures
shall be permitted in the R-5 Zone District:
C.
Accessory uses and structures. The following accessory uses and structures
shall be permitted in the R-5 Zone:
(4)
Family day-care homes as regulated in N.J.S.A. 40:55D-66.5b;
(6)
Private swimming pools enclosed in a yard by a fence not less than four feet high, as regulated in Article 24;
(7)
Accessory uses and structures customarily subordinate and incidental
to permitted principal uses and accessory uses and structures customarily
subordinate and incidental to permitted conditional uses;
(8)
Senior suites; and
D.
Conditional uses and structures. The following conditional uses and structures shall be permitted only if they comply with the appropriate regulations for such uses or structures in Article 30:
(1)
Residential public utility facilities, excluding wireless telecommunications
facilities.
(2)
Community shelters for victims of domestic violence, community
residences for the terminally ill, and community residences for persons
with head injuries, either of the foregoing which house fewer than
16 persons, excluding resident staff, as regulated in N.J.S.A. 40:55D-66.1
and 40:55D-66.2.
(3)
Renewable energy facilities, which must comply with all bulk
standards of the zone. Facilities may be attached to the primary residence,
provided no new variances are created.
E.
Prohibited uses and structures:
(2)
The operation of cultivation facilities, product manufacturing facilities
and/or testing facilities for marijuana, hashish and/or cannabis,
and/or products containing same, and/or paraphernalia that facilitates
the use of marijuana, hashish and/or cannabis.
[Added 6-9-2021 by Ord.
No. 2021-06]
F.
Bulk and lot regulations. The following bulk and lot regulations
shall apply to all development within the R-5 Zone District:
(1)
Minimum lot size. Every lot shall contain a minimum lot area
of 5,000 square feet.
(2)
Minimum lot width. There shall be a minimum lot width of 50
feet.
(3)
Minimum lot frontage. There shall be a minimum lot frontage
of 50 feet for all lots.
(4)
Minimum front yard. There shall be a front yard setback of not
less than 25 feet to the ground floor and 23 feet to the second floor.
(5)
Minimum side yard. Except as provided below for corner lots, there shall be two side yards totaling 20% or more of lot width. Each side yard shall be a minimum of five feet. For corner lots, the required side yard shall be regulated by Article 23. Notwithstanding the foregoing, patios accessory to and additions and decks attached to a principal building in existence as of the effective date of this subsection may have a five-foot side yard setback, excluding corner lots, so long as the addition, deck or patio is erected in such a manner that its sides continue in a straight line or are a distance from the side lot line greater than the side of the principal building.
(6)
Minimum rear yard. There shall be a rear yard of at least 20
feet in depth.
(7)
Maximum building height. No principal building shall exceed
the maximum of 2 1/2 habitable floors, exclusive of basement,
and 35 feet. The height of a proposed addition may match the existing
nonconforming height of the principal dwelling.
(8)
Maximum building coverage. No more than 50% of the area of any
lot shall be covered by above-grade buildings and/or structures. Decks
and patios, as defined herein, shall not be considered as a building
or structure for purposes of computing this coverage.
(9)
Maximum improvement coverage. No more than 75% of the area of
any lot shall be covered by physical improvements, including but not
limited to any above-grade buildings and/or structures, as well as
at-grade structures, including but not limited to ingress/egress platforms,
sidewalks, parking areas, patios, driveways, swimming pools, etc.,
but including aboveground decks. It is the intention of this provision
that each lot shall have at least 25% of its lot area without any
improvements except vegetation.
(10)
Floor area ratio. Floor area ratio shall be limited to 0.75.
G.
Other regulations. In addition to the above requirements, any development
in the R-5 Zone District must comply with all applicable regulations
of this chapter.
A.
Purpose.
(1)
Since the Borough is an established suburban residential community,
it is the intent of this chapter to preserve and protect the established
character of its neighborhoods and to encourage a compatible relationship
between new and expanded houses and traditional neighboring structures
that reflect the best of local character, particularly in terms of
scale, siting, design features and orientation on site.
(2)
The purpose of this district is to preserve the quality of life
and individuality of the existing detached one-family homes and attached
two-family homes and to discourage subdivision. The district is intended
to protect the character of the streets and neighborhoods from inappropriate
intrusions.
B.
Principal uses and structures. The following principal uses and structures
shall be permitted in the R-5A Zone District:
(1)
Single-family residential uses in detached single-family residential
structures;
(2)
Two-family residential uses in attached residential structures;
(3)
Public parks and playgrounds; and
(4)
Community residences for the developmentally disabled, as regulated
in N.J.S.A. 40:55D-66.1 and 40:55D-66.2.
C.
Accessory uses and structures. The following accessory uses and structures
shall be permitted in the R-5A Zone:
(4)
Family day-care homes as regulated in N.J.S.A. 40:55D-66.5b;
(6)
Private swimming pools enclosed in a yard by a fence not less than four feet high, as regulated in Article 24;
(7)
Accessory uses and structures customarily subordinate and incidental
to permitted principal uses and accessory uses and structures customarily
subordinate and incidental to permitted conditional uses;
(8)
Senior suites; and
D.
Conditional uses and structures. The following conditional uses and structures shall be permitted only if they comply with the appropriate regulations for such uses or structures in Article 30:
(1)
Residential public utility facilities, excluding wireless telecommunications
facilities.
(2)
Community shelters for victims of domestic violence, community
residences for the terminally ill, and community residences for persons
with head injuries, either of the foregoing which house fewer than
16 persons, excluding resident staff, as regulated in N.J.S.A. 40:55D-66.1
and 40:55D-66.2.
(3)
Renewable energy facilities, which must comply with all bulk
standards of the zone. Facilities may be attached to the primary residence,
provided no new variances are created.
E.
Prohibited uses and structures:
(2)
The operation of cultivation facilities, product manufacturing facilities
and/or testing facilities for marijuana, hashish and/or cannabis,
and/or products containing same, and/or paraphernalia that facilitates
the use of marijuana, hashish and/or cannabis.
[Added 6-9-2021 by Ord.
No. 2021-06]
F.
Bulk and lot regulations. The following bulk and lot regulations
shall apply to all development within the R-5A Zone District:
(2)
Minimum lot width. There shall be a minimum lot width of 50
feet.
(3)
Minimum lot frontage. There shall be a minimum lot frontage
of 50 feet for all lots.
(4)
Minimum front yard. There shall be a front yard setback of not
less than 25 feet to the ground floor and 23 feet to the second floor.
(5)
Minimum side yard. Except as provided below for corner lots, there shall be two side yards totaling 20% or more of lot width. Each side yard shall be a minimum of five feet. For corner lots, the required side yard shall be regulated by Article 23. Notwithstanding the foregoing, patios accessory to and additions and decks attached to a principal building in existence as of the effective date of this subsection may have a five-foot side yard setback, excluding corner lots, so long as the addition, deck or patio is erected in such a manner that its sides continue in a straight line or are a distance from the side lot line greater than the side of the principal building.
(6)
Minimum rear yard. There shall be a rear yard of at least 20
feet in depth.
(7)
Maximum building height. No principal building shall exceed
the maximum of 2 1/2 habitable floors, exclusive of basement,
and 35 feet. The height of a proposed addition may match the existing
nonconforming height of the principal dwelling.
(8)
Maximum building coverage. No more than 50% of the area of any
lot shall be covered by above-grade buildings and/or structures. Decks
and patios, as defined herein, shall not be considered as a building
or structure for purposes of computing this coverage.
(9)
Maximum improvement coverage. No more than 75% of the area of
any lot shall be covered by physical improvements, including but not
limited to any above-grade buildings and/or structures, as well as
at-grade structures, including but not limited to ingress/egress platforms,
sidewalks, parking areas, patios, driveways, swimming pools, etc.,
but including aboveground decks. It is the intention of this provision
that each lot shall have at least 25% of its lot area without any
improvements except vegetation.
(10)
Floor area ratio. Floor area ratio shall be limited to 0.75.
G.
Other regulations. In addition to the above requirements, any development
in the R-5A Zone District must comply with all applicable regulations
of this chapter.
A.
Purpose of the district. The downtown should be a place with many
diverse retail shops and restaurants where the community can gather
on nights and weekends, conduct business, buy personal and household
needs and be a part of Borough life. The Boulevard Downtown District
has been created to replace the current Local Commercial Zone along
the Boulevard between 18th Street and near Market Street. The BD Zone
District is intended to encourage retail sales and personal services
oriented to pedestrian shopping on the ground floor and other commercial
activity on the upper floors.
B.
Principal uses and structures. The following principal uses and structures
shall be permitted in the BD Zone District. Principal uses which are
substantially similar to the listed principal uses shall be permitted
uses.
(1)
Business establishments devoted primarily to the retail sales
of goods and personal services on the premises, including restaurants
and food establishments intended for food consumption on the premises
or for takeout of food, and taverns.
(2)
Banks and other financial institutions engaged in the business
of accepting deposits from the public and/or extending credit to the
public in the form of loans. Such business must be conducted on the
premises and must be the principal activity of the use on the premises.
(3)
General, administrative, executive and professional offices.
(4)
Medical offices.
(5)
Veterinary offices.
(6)
Museums, art galleries and indoor motion-picture theaters, and
theaters for conducting live entertainment or cultural performances.
(7)
Municipal parking facilities.
(8)
Offices on the second or third floor of a building.
(9)
Child-care centers.
(11)
Indoor commercial recreational facilities and schools of martial
arts, yoga, and dance instruction.
(12)
Any other use, in the opinion of the approving authority, substantially
similar to those identified in this subsection.
C.
Accessory uses and structures. The following accessory uses and structures
shall be permitted in the BD Zone District:
(4)
Outdoor seating in conjunction with a permitted restaurant or
eating and drinking establishment, subject to the following:
(a)
The consumption of food by the public at tables located within
that portion of the sidewalk which lies between the public street
and the building's principal facade, excepting therefrom an unobstructed
area at least four feet in width to permit the passage of pedestrians.
(b)
Containing readily removable tables, chairs and other such temporary
railings, furniture and structures.
(c)
Unenclosed by fixed walls, ceilings or fences, except for retractable
awnings, removable barriers, umbrellas or other nonpermanent enclosures.
(5)
Other accessory uses and structures customarily subordinate
and incidental to permitted principal uses and permitted conditional
uses.
D.
Conditional uses and structures. The following conditional uses and structures shall be permitted only if they comply with the appropriate regulations for such uses or structures in Article 30:
E.
Prohibited uses and structures:
(2)
The operation of cultivation facilities, product manufacturing facilities
and/or testing facilities for marijuana, hashish and/or cannabis,
and/or products containing same, and/or paraphernalia that facilitates
the use of marijuana, hashish and/or cannabis.
[Added 6-9-2021 by Ord.
No. 2021-06]
F.
Bulk and lot regulations. The following bulk and lot regulations
shall apply to all uses permitted in the BD Zone District, unless
more stringent requirements are provided by this chapter:
(1)
Minimum lot area. Every lot shall contain a minimum lot area
of 2,500 square feet.
(2)
Minimum lot width. Every lot shall have a minimum lot width
of 25 feet.
(3)
Minimum lot frontage. There shall be a minimum lot frontage
of 25 feet for all lots.
(4)
Minimum lot depth. There shall be a minimum of 100 feet of depth.
(5)
Setbacks.
(a)
Front. No front yard setback is required.
(b)
Rear. Ten feet or 10% of the lot depth, whichever is greater.
(c)
Side. No side yard will be required unless the side property
line is adjacent to a residential zone, where a minimum side yard
of five feet, which is to be heavily landscaped, is required.
(6)
Maximum building height. No principal building shall exceed
the maximum of three habitable floors, exclusive of basement, but
not more than 35 feet in height.
(7)
Maximum building coverage shall not exceed 80%.
(8)
Maximum impervious cover shall not exceed 90%.
(9)
Minimum open space ratio. The minimum area of the lot that shall
be provided as landscaped open space shall be 10% of the total lot
area. Such landscaped area shall be planted with lawn, shrubs, hedges,
flowering plants or trees.
(10)
Maximum floor area ratio. The total habitable floor area of
all buildings or structures on any lot shall not be more than 250%
of the total lot area.
G.
Other regulations. In addition to the above requirements, any development
in the BD Zone District must comply with all applicable regulations
of this chapter.
A.
Purpose of district. The purpose of the AC Area Commercial District
is to encourage retail and wholesale sales, personal and business
services, as well as business, administrative and professional offices.
Well-planned, larger-scale commercial developments designed in a comprehensive
manner, integrating the needs of pedestrians, employees and vehicles,
are also encouraged.
B.
Permitted uses. In the AC District, only the following uses shall be permitted, except as provided in Subsections C and D. Principal uses which are substantially similar to the listed principal uses shall be permitted uses.
(1)
Retail establishments.
(2)
Personal and consumer service uses.
(3)
Supermarkets.
(4)
Restaurants and eating and drinking establishments.
(5)
Taverns.
(6)
Banks and financial institutions, including drive-through banks.
(7)
Art, music and dance studios.
(8)
Motor inns and hotels.
(9)
Banquet and catering facilities.
(10)
General, administrative, executive and professional offices.
(11)
Medical offices.
(12)
Veterinary offices.
(13)
Computer and data processing centers.
(14)
Indoor commercial recreational facilities.
(15)
Museums, art galleries and indoor motion-picture theaters, and
theaters for conducting live entertainment or cultural performances.
(16)
Child-care centers.
(17)
Municipal parking facilities.
(18)
Wholesale commercial establishments.
(19)
Dry cleaner.
(20)
Fine arts schools.
(21)
Automobile gasoline and service stations.
(22)
Car wash.
(24)
Any other use, in the opinion of the approving authority, substantially
similar to those identified in this subsection.
C.
Accessory uses and structures. Accessory uses and structures in the
AC Zone District shall be subject to the following requirements:
(4)
Mobile storage structures are prohibited, except to the extent they are regulated by the definition of "mobile storage structures" in Article 1.
(5)
Outdoor seating in conjunction with a permitted restaurant or
eating and drinking establishment, subject to the following:
(a)
The consumption of food by the public at tables located within
that portion of the sidewalk which lies between the public street
and the building's principal facade, excepting therefrom an unobstructed
area at least four feet in width to permit the passage of pedestrians.
(b)
Containing readily removable tables, chairs and other such temporary
railings, furniture and structures.
(c)
Unenclosed by fixed walls, ceilings or fences, except for retractable
awnings, removable barriers, umbrellas or other nonpermanent enclosures.
(6)
Day-care center.
(7)
Storage areas.
(8)
Other accessory uses and structures customarily subordinate
and incidental to permitted principal and/or permitted conditional
uses.
D.
Conditional uses and structures. The following uses and structures
shall be permitted in the AC Zone District only if they comply with
the appropriate regulations for such uses or structures in this chapter:
E.
Prohibited uses and structures:
(2)
The operation of cultivation facilities, product manufacturing facilities
and/or testing facilities for marijuana, hashish and/or cannabis,
and/or products containing same, and/or paraphernalia that facilitates
the use of marijuana, hashish and/or cannabis.
[Added 6-9-2021 by Ord.
No. 2021-06]
F.
Bulk and lot regulations. The following bulk and lot regulations
shall apply to all uses permitted in the AC Zone District, unless
more stringent requirements are provided by this chapter:
(1)
Minimum lot area. Every lot shall contain a minimum lot area
of 40,000 square feet.
(2)
Minimum lot width. Every lot shall have a minimum lot width
of 100 feet.
(3)
Minimum lot frontage. There shall be a minimum lot frontage
of 100 feet for all lots.
(4)
Minimum lot depth. There shall be a minimum of 200 feet of lot
depth.
(5)
Setbacks.
(a)
Front. A fifty-foot front yard setback is required. A corner
lot shall have a fifty-foot front yard which is parallel to the street
with the larger right-of-way. The front yard on a street with a lesser
right-of-way may be reduced to 30 feet. For corner lots facing two
streets with equal rights-of-way, a fifty-foot front yard setback
is required.
(b)
Rear. A thirty-foot rear setback is required.
(c)
Side. Minimum side yard shall be 15 feet with a total of 40
feet for both side yards. If the side property line is adjacent to
a residential zone, a minimum of five feet is required to be heavily
landscaped.
(6)
Maximum building height. No principal building shall exceed
the maximum of three habitable floors, exclusive of basement, but
not more than 40 feet in height.
(7)
Maximum building coverage shall not exceed 40%.
(8)
Maximum impervious cover shall not exceed 80%.
(9)
Minimum open space ratio. The minimum area of the lot that shall
be provided as landscaped open space shall be 20% of the total lot
area. Such landscaped area shall be planted with lawn, shrubs, hedges,
flowering plants or trees. Walkways provided in such a landscaped
area may be included in the minimum open space area, provided they
do not exceed 5% of the total lot area.
(10)
Maximum floor area ratio. The total habitable floor area of
all buildings or structures on any lot shall not be more than 100%
of the total lot area.
A.
Purpose of district. The purpose of the C Commercial District is
to encourage retail and wholesale sales, personal and business services,
as well as business, administrative and professional offices. Well-planned,
larger-scale commercial developments designed in a comprehensive manner,
integrating the needs of pedestrians, employees and vehicles, are
also encouraged. Multifamily residential buildings are also encouraged
as a transitional use. This zone is intended to function as a transition
zone between residential and industrial zones.
B.
Permitted uses. In the C District, only the following uses shall be permitted, except as provided in Subsections C and D. Principal uses which are substantially similar to the listed principal uses shall be permitted uses.
(1)
Retail establishments.
(2)
Personal and consumer service uses.
(3)
Restaurants and eating and drinking establishments.
(4)
Taverns.
(5)
Banks and financial institutions, including drive-through banks.
(6)
Art, music and dance studios.
(7)
Motor inns and hotels.
(8)
Banquet and catering facilities.
(9)
General, administrative, executive and professional offices.
(10)
Medical offices.
(11)
Veterinary offices.
(12)
Computer and data processing centers.
(13)
Indoor commercial recreational facilities.
(14)
Museums, art galleries and indoor motion-picture theaters, and
theaters for conducting live entertainment or cultural performances.
(15)
Child-care centers.
(16)
Municipal parking facilities.
(17)
Wholesale commercial establishments.
(18)
Dry cleaner.
(19)
Fine arts schools.
(20)
Private schools.
(21)
Automobile gasoline and service stations.
(22)
Car wash.
(24)
Storage warehouse.
(25)
Any other use, in the opinion of the approving authority, substantially
similar to those identified in this subsection.
C.
Accessory uses and structures. Accessory uses and structures in the
C Zone District shall be subject to the following requirements:
(4)
Mobile storage structures are prohibited, except to the extent they are regulated by the definition of "mobile storage structures" in Article 1.
(5)
Outdoor seating in conjunction with a permitted restaurant or
eating and drinking establishment.
(6)
Day-care center.
(7)
Storage areas.
(8)
Other accessory uses and structures customarily subordinate
and incidental to permitted principal and/or permitted conditional
uses.
D.
Conditional uses and structures. The following uses and structures
shall be permitted in the C Zone District only if they comply with
the appropriate regulations for such uses or structures in this chapter:
E.
Prohibited uses and structures:
(2)
The operation of cultivation facilities, product manufacturing facilities
and/or testing facilities for marijuana, hashish and/or cannabis,
and/or products containing same, and/or paraphernalia that facilitates
the use of marijuana, hashish and/or cannabis.
[Added 6-9-2021 by Ord.
No. 2021-06]
F.
Bulk and lot regulations. The following bulk and lot regulations
shall apply to all uses permitted in the C Zone District, unless more
stringent requirements are provided by this chapter:
(1)
Minimum lot area. Every lot shall contain a minimum lot area
of 20,000 square feet.
(2)
Minimum lot width. Every lot shall have a minimum lot width
of 100 feet.
(3)
Minimum lot frontage. There shall be a minimum lot frontage
of 100 feet.
(4)
Minimum lot depth. There shall be a minimum of 100 feet of lot
depth.
(5)
Setbacks.
(a)
Front. A ten-foot front yard setback is required. A corner lot
shall have a twenty-five-foot front yard which is parallel to the
street with the larger right-of-way. The front yard on a street with
a lesser right-of-way may be reduced to 15 feet. For corner lots facing
two streets with equal rights-of-way, a twenty-five-foot front yard
setback is required.
(b)
Rear. A ten-foot rear setback is required.
(c)
Side. Minimum side yard shall be five feet with a total of 15
feet for both side yards. If the side property line is adjacent to
a residential zone, a minimum of five feet is required to be heavily
landscaped.
(6)
Maximum building height. No principal building shall exceed
the maximum of three habitable floors, exclusive of basement, but
not more than 35 feet in height.
(7)
Maximum building coverage shall not exceed 50%.
(8)
Maximum impervious cover shall not exceed 80%.
(9)
Minimum open space ratio. The minimum area of the lot that shall
be provided as landscaped open space shall be 20% of the total lot
area. Such landscaped area shall be planted with lawn, shrubs, hedges,
flowering plants or trees. Walkways provided in such a landscaped
area may be included in the minimum open space area, provided they
do not exceed 5% of the total lot area.
(10)
Maximum floor area ratio. The total habitable floor area of
all buildings or structures on any lot shall not be more than 125%
of the total lot area.
A.
Purpose. The purpose of the OR Office Research Zone is to provide
for the expansion and development of land uses for research, engineering,
product development, manufacturing and related executive and administrative
offices in the Borough, to provide for a compatible relationship with
abutting land uses, and to provide for the safe and efficient flow
of vehicles to and from the office-research areas.
B.
C.
Permitted accessory uses and structures. The following accessory
uses and structures shall be permitted, provided they meet the lot,
height and yard requirements for principal uses in the zone:
(1)
Parking garages, parking structures and surface parking.
(2)
Gatehouses and security structures.
(3)
Services and facilities for the exclusive use of employees,
including indoor and outdoor recreational facilities, cafeterias and
outdoor seating areas, health care centers, credit unions, and laundry
and dry-cleaning facilities.
(4)
Day-care centers primarily for the use of employees.
(5)
Helistops.
(6)
Equipment used for transmitters and receiving radio and electromagnetic
waves, including parabolic antennas.
(7)
Generators.
(8)
Warehousing and storage of materials associated with the above
principal uses.
(10)
Other accessory uses and structures customarily subordinate
and incidental to permitted principal and/or permitted conditional
uses.
(11)
Fences no more than eight feet high, which may be topped by
no more than two feet of barbed wire.
E.
Prohibited uses and structures. Any use or structure other than those uses or structures permitted in Subsection A, B, C or D above is prohibited. The following uses are specifically prohibited in the OR zone:
(1)
All residential uses, except that sleeping quarters for custodial
or security personnel may be provided for.
(2)
All retail uses, except those provided for the exclusive use
of employees and their guests, as provided for herein.
(3)
The operation of cultivation facilities, product manufacturing
facilities and/or testing facilities for marijuana, hashish and/or
cannabis, and/or products containing same, and/or paraphernalia that
facilitates the use of marijuana, hashish and/or cannabis.
[Added 6-9-2021 by Ord.
No. 2021-06]
F.
Area, yard and building dimensions. In the OR Zone District, the
following dimensional requirements shall apply:
(3)
Maximum building dimensions:
(b)
Lot coverage.
[1]
Twenty-five percent for buildings.
[2]
Seventy-five percent for impervious cover.
[3]
Twenty-five percent for open space, landscaping
and buffer. Landscaped areas shall be planted with lawn, shrubs, hedges,
flowering plants or trees.
[4]
Maximum floor area ratio. The total habitable floor
area of all buildings or structures on any lot shall not be more than
125% of the total lot area.
A.
Purpose. This zone is designed to protect and concentrate those commercial
and industrial/manufacturing uses that are currently viable and those
sites for which industrial/commercial reuse is feasible and probable.
It is also designed for those industrial and commercial uses which
have a minimum of environmental impacts but have vehicular traffic
or utilitarian or operational requirements that make them more appropriately
located adjacent to major arterials and compatible land uses, rather
than residential uses.
B.
Permitted uses. In the I District, only the following uses shall be permitted, under the performance standards in § 120-22.14, except as provided in Subsections C and D. Principal uses which are substantially similar to the listed principal uses shall be permitted uses.
(1)
Activities of an industrial nature and associated office and
clerical activities, provided that they do not cause a nuisance or
hazard due to fire, toxic or corrosive fumes, gas, smoke, odors, flashes
or objectionable effluent.
(2)
Public utility and public service activities of an industrial
character.
(3)
Public garages, automotive repair shops, and new motor vehicle
sales and used motor vehicle sales in conjunction therewith, all fully
enclosed in a building.
(4)
Storage warehouses, lumber and building material sales and storage
and contractor storage yards.
(5)
Processing, assembling, finishing, packaging and storing of
goods and materials.
(6)
Packaging and bottling establishment.
(7)
Metalworking and welding activities, excluding the use of heavy
machinery of a nuisance-producing character.
(8)
Household appliance repairs, reupholstering and furniture repairs.
(9)
Research laboratories.
(10)
Animal hospitals and kennels.
(11)
Automotive service stations at which motor fuel and oil are
dispensed; lubrication, maintenance and minor repair services are
performed; tires, batteries and other automobile accessories are sold;
and vehicles are washed, provided that they are not within 500 feet
of another station, whether said station is inside or outside the
Borough limits.
(12)
Telecommunications towers, antennas and appurtenant facilities; all such uses shall comply with the provisions of Article 28. Clustering or grouping of multiple towers is disfavored in the Borough; co-location of antennas on existing towers is encouraged.
(13)
Retail establishments.
(14)
Personal and consumer service uses.
(15)
Restaurants and eating and drinking establishments.
(16)
Taverns.
(17)
Banks and financial institutions, including drive-through banks.
(18)
Art, music and dance studios.
(19)
General, administrative, executive and professional offices.
(20)
Medical offices.
(21)
Veterinary offices.
(22)
Computer and data processing centers.
(23)
Indoor commercial recreational facilities.
(24)
Child-care centers.
(25)
Wholesale commercial establishments.
(26)
Dry cleaner.
(27)
Fine arts schools.
(28)
Private schools.
(29)
Automobile gasoline and service stations.
(30)
Car wash.
(31)
Funeral homes.
[Added 6-1-2022 by Ord. No. 2022-09 ; 5-17-2023 by Ord. No. 2023-11]
C.
Accessory uses and structures. Accessory uses and structures in the
I Zone District shall be subject to the following requirements:
(4)
Mobile storage structures are prohibited, except to the extent they are regulated by the definition of "mobile storage structures" in Article 1.
(5)
Outdoor seating in conjunction with a permitted restaurant or
eating and drinking establishment.
(6)
Storage areas and buildings as accessory uses shall preferably
be confined to enclosed buildings, but may be permitted in outdoor
areas or compounds, provided that such an area or compound shall be
screened on all sides by a solid masonry wall, solid fence or dense
evergreen planting not less than six feet in height. Such accessory
storage shall not exceed 10% of the lot area and shall be so arranged
at the rear of the building as to be minimally visible from a street.
No unscreened outdoor storage areas shall be permitted.
(7)
Other accessory uses and structures customarily subordinate
and incidental to permitted principal and/or permitted conditional
uses.
D.
Prohibited uses and structures:
(2)
The operation of cultivation facilities, product manufacturing facilities
and/or testing facilities for marijuana, hashish and/or cannabis,
and/or products containing same, and/or paraphernalia that facilitates
the use of marijuana, hashish and/or cannabis.
[Added 6-9-2021 by Ord.
No. 2021-06]
E.
Bulk and lot regulations. The following bulk and lot regulations
shall apply to all uses permitted in the I Zone District, unless more
stringent requirements are provided by this chapter:
(1)
Minimum lot area. Every lot shall contain a minimum lot area
of 20,000 square feet.
(2)
Minimum lot width. Every lot shall have a minimum lot width
of 100 feet.
(3)
Minimum lot frontage. There shall be a minimum lot frontage
of 100 feet.
(4)
Minimum lot depth. There shall be a minimum of 100 feet of lot
depth.
(5)
Setbacks.
(a)
Front. A ten-foot front yard setback is required. A corner lot
shall have a fifteen-foot front yard which is parallel to the street
with the larger right-of-way. The front yard on a street with a lesser
right-of-way may be reduced to 10 feet. For corner lots facing two
streets with equal rights-of-way, a fifteen-foot front yard setback
is required.
(b)
Rear. A ten-foot rear setback is required.
(c)
Side. Minimum side yard shall be five feet with a total of 15
feet for both side yards. If the side property line is adjacent to
a residential zone, a minimum of five feet is required to be heavily
landscaped.
(6)
Maximum building height. No principal building shall exceed
three stories and 40 feet in height.
(7)
Maximum building coverage shall not exceed 50%.
(8)
Maximum impervious cover shall not exceed 80%.
(9)
Minimum open space ratio. The minimum area of the lot that shall
be provided as landscaped open space shall be 20% of the total lot
area. Such landscaped area shall be planted with lawn, shrubs, hedges,
flowering plants or trees.
(10)
Maximum floor area ratio. The total habitable floor area of
all buildings or structures on any lot shall not be more than 125%
of the total lot area.
F.
Design and site requirements.
(1)
Landscaping.
(a)
All portions of a lot not covered by buildings and outdoor storage
enclosures and pedestrian and vehicular surfaces shall be landscaped
and thereafter maintained in good condition. "Landscaping" shall mean
the planting of grass, shrubs, trees and other comparable ground cover.
Appropriate foundation plantings along the front building line shall
be provided.
(b)
When the lot, or portion thereof, on which parking or loading
spaces are located abuts the rear line or side line of, or is across
the street from, any land in a residential district, a solid wall,
solid fence or compact evergreen planting no less than four feet in
height shall be provided and maintained in good condition. Such screen
shall be located adjacent to parking or loading areas rather than
on the periphery of the lot.
(c)
Luminaries on off-street parking areas shall not be more than
15 feet above ground level and shall be arranged and designed so as
not to cause offensive light or glare in abutting or nearby residential
properties.
[Amended 9-12-2018 by Ord. No. 2018-14]
(2)
Architectural appearance. No permit shall be granted in an I
District for a building or use if the design or construction of the
building is so markedly incongruous with the character of the neighborhood
as to be seriously detrimental to the value of adjacent or nearby
property. For this purpose, the Planning Board shall review all plans.
A.
Purpose of district.
(1)
The purpose of the G Zone District is to accommodate all government
buildings in the Borough, occupied by the Borough, county, state,
or federal government, or agencies thereof, on a permanent basis,
for public purposes.
(2)
Examples of Government zoned parcels include, but are not limited
to: Municipal Building complex; public schools; public works; rescue
squad, library; Fire Department and post office.
B.
Principal uses and structures. The G Zone District shall permit public buildings and uses, subject to the performance standards in § 120-22.14.
C.
Bulk and lot regulations: none.
D.
Prohibited uses and structures:
[Added 6-9-2021 by Ord.
No. 2021-06]
(1)
The operation of cultivation facilities, product manufacturing facilities
and/or testing facilities for marijuana, hashish and/or cannabis,
and/or products containing same, and/or paraphernalia that facilitates
the use of marijuana, hashish and/or cannabis.
A.
Purpose of district.
(1)
The purpose of the P Park Zone District is to provide parks
and open space for passive and active recreation. Services provided
by the Borough include maintenance of parkland and linear parkway
sites, improved multi-use trails, facilities, and recreational programs
for the Borough's children, adults, and senior citizens.
(2)
Community and neighborhood parks provide both passive and active
recreational opportunities throughout the Borough. The parks provide
playing fields/courts for tennis, basketball, volleyball, soccer,
baseball, softball and football, many of which are used by local sports
organizations to serve area youth. The parks also offer picnic and
playground areas, skateboarding, and roller hockey amenities.
(3)
Examples of Park zoned parcels include, but are not limited
to: Lenape Park; Black Brook Park; Galloping Hill Park; and DiMario
Park.
B.
Principal uses and structures. The P Zone District shall permit parks, playgrounds, and open space, subject to the performance standards in § 120-22.14.
C.
Accessory uses and structures. The P Zone District shall permit off-street
parking; recreation, entertainment and educational programs; and signs.
D.
Bulk and lot regulations: none.
E.
Prohibited
uses and structures:
[Added 6-9-2021 by Ord.
No. 2021-06]
(1)
The operation of cultivation facilities, product manufacturing facilities
and/or testing facilities for marijuana, hashish and/or cannabis,
and/or products containing same, and/or paraphernalia that facilitates
the use of marijuana, hashish and/or cannabis.
A.
Purpose of district. The purpose of the CE Zone District is to allow
more control over the placement of cemetery activities within the
Borough and ensure the compatibility of the cemetery with the surrounding
land uses, thereby protecting the health, safety and general welfare
of the Borough residents.
B.
Principal uses and structures: cemeteries and mausoleums. Any building
and land may be used for the permanent internment of one or more dead
human bodies or cremated remains, in addition to any accessory buildings
and uses customarily incidental to the operation and maintenance of
a cemetery.
C.
Accessory uses and structures: off-street parking and signs.
D.
Bulk and lot regulations. Maximum height for mausoleums: 30 feet;
minimum setback of mausoleums and graves from property line: 30 feet.
E.
Prohibited
uses and structures:
[Added 6-9-2021 by Ord.
No. 2021-06]
(1)
The operation of cultivation facilities, product manufacturing facilities
and/or testing facilities for marijuana, hashish and/or cannabis,
and/or products containing same, and/or paraphernalia that facilitates
the use of marijuana, hashish and/or cannabis.
A.
Purpose of district. The purpose of the Community Serving (CS) Zone
District is to establish and preserve areas for community services
which are needed to serve the residents of the Borough. The Community
Serving District shall include those lands currently occupied by uses
that serve the community while owned by nongovernmental organizations,
such as the following:
B.
Principal uses and structures: houses of worship; parochial schools; nonprofit chartered membership organizations; religious, recreational, social, educational and cultural purposes, subject to the performance standards in § 120-22.14.
C.
Accessory uses and structures: off-street parking and signs.
D.
Bulk and lot regulations: none. Reasonable standards shall be applied
by the approving authority during site plan review.
E.
Prohibited
uses and structures:
[Added 6-9-2021 by Ord.
No. 2021-06]
(1)
The operation of cultivation facilities, product manufacturing facilities
and/or testing facilities for marijuana, hashish and/or cannabis,
and/or products containing same, and/or paraphernalia that facilitates
the use of marijuana, hashish and/or cannabis.
(2)
No new Community Serving uses shall be allowed with any frontage
on the Boulevard.
[Added 6-1-2022 by Ord. No. 2022-09 ; 5-17-2023 by Ord. No. 2023-11]
A.
While residential uses have not been allowed on the Boulevard in
quite some time, there is a pocket of preexisting nonconforming second
floor apartments within the LC Local Commercial District between 20th
Street and 24th Street. Over 20 apartments exist in this area of the
Boulevard. Rather than continue the nonconforming status of those
properties, the Board believes it to be in the public interest to
recognize the existing land use pattern and to bring as many properties
as possible into conformity with the Land Use Ordinance. The Boulevard
Downtown Residential Overlay shall be limited to the area described
herein. The Board recommends that this area, and only this area, be
placed in the Residential Overlay Zone with a minimum of two bedrooms
per apartment.
B.
Residential dwelling units shall be limited to the second or third
floor of a building. Each unit shall consist of at least two bedrooms
and be a minimum of 650 square feet in size.
C.
Prohibited
uses and structures:
[Added 6-9-2021 by Ord.
No. 2021-06]
(1)
The operation of cultivation facilities, product manufacturing facilities
and/or testing facilities for marijuana, hashish and/or cannabis,
and/or products containing same, and/or paraphernalia that facilitates
the use of marijuana, hashish and/or cannabis.
A.
Purpose. The current industrial area between North 10th Street and
North 12th Street between Washington and Monroe Avenues should be
an overlay Senior Citizens Housing Zone. This would allow any age
restricted (55+) and disabled housing in the overlay zone. A minimum
of 10% of the senior housing shall meet affordable housing guidelines.
All forms of senior living are encouraged. Density shall be no more
than 24 units per acre and parking shall be provided in accordance
with the Land Use Ordinance. Recreational facilities shall be included
as part of any senior complex and will include outdoor and indoor
recreational areas.
B.
Accessory uses and structures. The following accessory uses and structures
shall be permitted in the SLO Zone:
(4)
Accessory uses and structures customarily subordinate and incidental
to permitted principal uses and accessory uses and structures customarily
subordinate and incidental to permitted conditional uses. For the
purposes of administering this provision, recreational facilities,
such as swimming pools, tennis courts and racquetball courts, shall
not be considered to be a use customarily incidental to senior citizens
housing.
C.
Conditional uses and structures. The following conditional uses and structures shall be permitted in the SLO Senior Living Overlay Zone only if they comply with the appropriate regulations for such uses or structures identified in Article 30:
D.
Prohibited uses and structures:
(2)
The operation of cultivation facilities, product manufacturing facilities
and/or testing facilities for marijuana, hashish and/or cannabis,
and/or products containing same, and/or paraphernalia that facilitates
the use of marijuana, hashish and/or cannabis.
[Added 6-9-2021 by Ord.
No. 2021-06]
E.
Bulk and lot regulations. The following bulk and lot regulations
shall apply to all uses permitted in the Senior Living Overlay District:
(1)
Minimum lot area. Every lot shall contain a minimum lot area
of three acres.
(2)
Minimum lot width. Every lot shall have a minimum lot width
of 400 feet.
(3)
Minimum lot frontage. There shall be a minimum lot frontage
of 400 feet.
(4)
Minimum lot depth. There shall be a minimum of 300 feet of lot
depth.
(5)
Setbacks:
(a)
Front. Thirty-five feet or the height of the principal building,
whichever is greater.
(b)
Rear. A thirty-five-foot rear setback is required.
(c)
Side. Minimum side yard shall be 35 feet. If the side property
line is adjacent to a residential zone, a minimum of five feet is
required to be heavily landscaped.
(6)
Maximum building height. No principal building shall exceed
four stories and 45 feet in height.
(7)
Maximum building coverage shall not exceed 50%.
(8)
Maximum impervious cover shall not exceed 80%.
(9)
Minimum open space ratio. The minimum area of the lot that shall
be provided as landscaped open space shall be 20% of the total lot
area. Such landscaped area shall be planted with lawn, shrubs, hedges,
flowering plants or trees.
F.
Other regulations applicable to senior citizens housing in the Senior
Living Overlay District.
(1)
Compatible architecture. The design of accessory buildings and
structures, including the nature of building materials used, shall
be substantially the same as used in the construction of principal
buildings on the same site designed to be used for multifamily residential
use.
(2)
Use of accessory buildings, basements and attics. No part of
any accessory building or structure, basement or attic shall be used
for living purposes.
(3)
Screening. Any premises in the SLO Senior Living Overlay District
that is used for senior citizens housing shall be effectively screened
on any side which abuts any premises that is used exclusively as a
single-family detached or two-family dwelling or underlying industrial
use. The required screening shall meet the conditions imposed by the
Planning Board for this purpose.
The nonresidential zoned Gateway areas at the entrance to the
Borough should be placed in an overlay Gateway Zone that will visually
identify, in a formal and attractive way, the entrance into the Borough.
This can be accomplished by adding identifiable features, such as
banners, specialized sidewalks, specialized paving and enhanced landscaping
requirements. The Gateway area shall include: North Michigan Avenue
from Route 22 to Black Brook Park; Springfield Road from Route 22
to Black Brook Park; and Kenilworth Boulevard starting at the Garden
State Parkway and extending approximately 1,000 feet west to Market
Street.
A.
Purpose.
(1)
The purpose of the Gateway Zone is to provide a community entry
experience which can be accomplished with limited gateway corridors.
The Gateway is the entrance into the Borough of Kenilworth and the
gateway corridors are the defined travel routes that extend from these
entrances into primary destination areas of the Borough.
(2)
Gateways are intended to identify primary entrances into the
Borough of Kenilworth. The incorporation of "gateway scenes" at the
defined gateways will function as a visual anchor to clearly identify
the area as a gateway. "Gateway scenes" should be composed of specific
elements that serve to provide a sense of arrival, reaffirm direction,
and reinforce the identity and character of Kenilworth. The Primary
Gateways are defined as the following:
(a)
North Michigan Avenue from Route 22 to Black Brook Park, including
Lot Nos. 1, 3, 4, 5, 6, 8, 9 and 10 in Block No. 1; Lot Nos. 1, 3,
4, 5, 6, 7, 8, 9, 10, 11, 12 and 13 in Block No. 2; and Lot Nos. 1
and 2 in Block No. 3.
(b)
Springfield Road from Route 22 to Black Brook Park, including
Lot Nos. 10, 11, 12, 13, 14, 15, 16, 18 and 19 in Block 3.
(c)
Kenilworth Boulevard starting at the Garden State Parkway and
extending approximately 1,000 feet west to Market Street, including
Lot No. 1 in Block 184; Lot No. 2.01 in Block No. 184.1; Lot 10 in
Block No. 183; Lot Nos. 1 and 7.01 in Block 179; and Lot No. 1 in
Block 128.
B.
Recommended features to be included.
(1)
Gateways should announce entry into Kenilworth by incorporating
specific elements that create a "gateway scene." The composition should
function as a visual anchor and provide a sense of arrival, reaffirm
direction, and reinforce the identity of Kenilworth.
(2)
The specific elements proposed for the "gateway scene" should
reflect the history and spirit of Kenilworth and include gateway monumentation,
fencing, decorative planting, and seasonal interest plants. The design
for each of the defined gateways may vary, although the elements comprising
the "gateway scene" should be repeated to reinforce the concept of
entry.
C.
Signage. Gateway monumentation should be incorporated into the design
of the "gateway scene" at the primary gateways. Gateway signage will
need to be addressed in greater detail in a signage plan and coordinated
with the Planning Board, Borough Planner and Borough Engineer for
incorporation into the primary gateways. The design for the monuments
may vary at each gateway but should use the same design vocabulary,
color scheme, and graphics. The monuments should be reflective of
the character of the gateway, appropriately scaled, and legible to
motorists.
[Amended 9-12-2018 by Ord. No. 2018-14]
D.
Fencing.
(1)
Fencing should be an integral part of the "gateway scene" for
all the primary gateways. Fencing will help to define the gateways,
providing a backdrop that reflects the design vocabulary and reinforces
Kenilworth's identity.
[Amended 9-12-2018 by Ord. No. 2018-14]
(2)
The proposed fence design for the primary gateways may vary
but should incorporate forms, materials, and colors associated with
a formalized setting in wrought iron or similar materials that are
similar to fencing used in the region but unique enough to establish
an unquestionable identity.
E.
Brick pavers. Brick masonry and paving is an element that is often
visually associated with the downtown historic buildings and the Borough
core. Incorporation of brick pavers in the design for the primary
gateways will reinforce their connection to downtown and help orient
the traveler.
F.
Decorative planting. Landscape provides an opportunity to reinforce
Kenilworth's support of attractive features and the beauty of the
Borough, a feature that should be enforced and encouraged throughout
the Borough. Variations of the planting scheme will ultimately extend
throughout the Borough. Plant material, color, and forms should be
used to reinforce the unique character of each gateway. Each gateway
should be somewhat structured and formal. Plant material proposed
for the primary gateways should be selected to reflect seasonal change.
Ornamental shrubs, annuals, and perennials should be introduced to
emphasize entry, introduce the character of the corridor, and reinforce
Kenilworth's appreciation of the beauty of the landscape.
G.
Public art. Gateways are the front door to the Borough and are prime
locations for public art because of the visual exposure they provide.
Public art helps to define gateways and the character of the Borough
by providing an image that travelers associate with. Public art should
be incorporated into the primary gateways either as part of the design
for the gateway monuments or in separate piece of work.
H.
Prohibited uses and structures:
[Added 6-9-2021 by Ord.
No. 2021-06]
(1)
The operation of cultivation facilities, product manufacturing facilities
and/or testing facilities for marijuana, hashish and/or cannabis,
and/or products containing same, and/or paraphernalia that facilitates
the use of marijuana, hashish and/or cannabis.
[Added 9-28-2016 by Ord.
No. 2016-07]
A.
Purpose. The purpose of this zone district is to provide a realistic
opportunity for the construction of low- and moderate-income housing
as land becomes available for development and redevelopment in the
Borough of Kenilworth, thereby addressing some of the constitutional
housing obligations of the Borough under New Jersey's Fair Housing
Act, N.J.S.A. 52:27D-301 et seq., the rules of the New Jersey Council
on Affordable Housing ("COAH"), N.J.A.C. 5:94, and the Mount Laurel
doctrine.
B.
Scope of applicability. This overlay zone shall apply to all of the
land area, excluding lands in Zone Districts G, P, CE, and CS, of
the Borough of Kenilworth.
C.
Low- and moderate-income housing requirements. Neither the Planning
Board nor the Borough Council on an appeal of a final decision of
the Planning Board or the Borough Council in adopting and implementing
a redevelopment plan shall approve a development application in any
zone district or area in need of redevelopment or rehabilitation for
a residential development or a mixed use development with four or
more dwelling units unless 20% of the total number of dwelling units
developed at the same site of the development application are set
aside and sold or rented to low- and moderate-income households, as
defined by COAH, in accordance with applicable COAH rules, currently
codified at N.J.A.C. 5:94, as may be amended from time to time. Alternatively,
at the discretion of the approving agency, up to 50% of the required
number of affordable units may be developed off site, according to
a schedule and strategy acceptable to the approving agency. All fractional
obligations shall be rounded to the closest whole number. Any deviation
from these requirements shall be at the sole discretion of the approving
agency.
[Amended 9-12-2018 by Ord. No. 2018-14]
D.
Prohibited
uses and structures:
[Added 6-9-2021 by Ord.
No. 2021-06]
(1)
The operation of cultivation facilities, product manufacturing facilities
and/or testing facilities for marijuana, hashish and/or cannabis,
and/or products containing same, and/or paraphernalia that facilitates
the use of marijuana, hashish and/or cannabis.
