A.
Districts enumerated. For the purposes of this ordinance, the Town
of Westfield is hereby divided into zone districts, as shown on the
Zoning Map, and identified as follows:
[Amended 9-29-2009 by Ord. No. 1946; 4-28-2020 by G.O. No. 2166]
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RS-40
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Single-Family Residence District
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RS-24
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Single-Family Residence District
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RS-16
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Single-Family Residence District
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RS-12
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Single-Family Residence District
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RS-10
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Single-Family Residence District
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RS-8
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Single-Family Residence District
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RS-6
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Single-Family Residence District
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RM-12
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Single-Family and Two-Family Residence District
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RM-8
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Single-Family and Two-Family Residence District
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RM-6
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Single-Family and Two-Family Residence District
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RM-6D
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Single-Family, Two-Family and Duplex Residence District
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RA-1
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Housing for Elderly Residence District
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RA-2
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Garden Apartment Residence District
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RA-3
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Garden Apartment Residence District
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RA-4
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Senior Citizens Housing Residence District
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RA-5A
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Multi-family Residence District
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RA-5B
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Multi-family Residence District
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RA-5C
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Multi-family Residence District
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P-1
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Professional Office District
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P-2
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Professional Office District
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O-1
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Office District
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O-2
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Office District
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CBD
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Central Business District
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GB-1
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General Business District
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GB-2
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General Business District
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GB-3
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General Business District
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C
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Commercial District
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NA-AH
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North Avenue Affordable Housing Transit Oriented Development
District
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NS-AMFH
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New Street Affordable Multi-Family Housing Transit Oriented
Development District
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WBS-AMFH
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West Broad Street Affordable Multi-Family Housing Transit Oriented
Development District
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GB1-AHO
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Affordable Housing Overlay District
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GB2-AHO
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Affordable Housing Overlay District
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GB3-AHO
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Affordable Housing Overlay District
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C-AHO
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Affordable Housing Overlay District
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SW-AHO
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Affordable Housing Overlay District
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PA-AHO
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Affordable Housing Overlay District
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RP-AHO
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Affordable Housing Overlay District
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B.
Application of regulations. The zoning regulations in this article
are intended to be uniform throughout each zoning district for each
class or kind of buildings or other structures or uses of land. In
case of conflicting regulations in this article, determination of
the applicable regulation shall lie with the Zoning Board of Adjustment.
A.
Zoning Map. The Zoning Map of the Town of Westfield, as prepared
by Robert Catlin and Associates and dated July 1998, is hereby declared
to be a part of this Ordinance.
[Amended 7-1-2003 by Ord.
No. 2086; 7-1-2003 by Ord. No. 2087; 6-6-2006 by Ord. No. 1867, 8-4-2009 by Ord. No. 1939, 3-7-2014 by Ord. No. 2002, 3-7-2014 by Ord. No. 2003, 3-7-2014 by Ord. No. 2004, 12-16-2014 by Ord. No. 2032, 11-10-2015 by Ord. No. 2054]
B.
Zone district boundary lines. The zone district boundary lines shown
on the Zoning Map are intended to follow property lines existing at
the date of the adoption of the map, the center line of street right-of-ways,
the center line of railroad tracks and municipal boundary lines, as
applicable. In case of uncertainty or disagreement as to the precise
location of any zone district boundary line, the determination thereof
shall lie with the Zoning Board of Adjustment. In the case of a lot
that is split by a zone district boundary line, and the zone districts
on the lot have different requirements, application of the requirements
shall be as follows, unless the provisions of this chapter specifically
indicate otherwise:
[Amended 8-3-2004 by Ord.
No. 1839]
1.
The use shall comply with the required use standards for the
zone district within which the use is located.
2.
The lot shall be required to comply with the most restrictive
of the minimum lot area, minimum lot width, minimum average lot width,
minimum lot frontage, and minimum lot depth standards of the various
zone districts on the lot.
3.
The yard setbacks shall be required to comply with the required
dimensions for such setbacks of the zone district within which the
yard is located; thus, each portion of a building that is split by
a zone boundary would be subject to the setback standards of the zone
within which that portion of the building is located. In the event
that it is not possible to measure the yard depth without crossing
a zone district boundary, the most restrictive setback standard of
the various zones shall apply, but only to those locations where the
measurement would cross the zone boundary.
4.
The height of structures shall comply with the height requirements
for the zone district within which such structures are located. In
the case of a structure that is split by a zone district boundary,
the most restrictive height standard shall apply.
5.
The number of parking spaces required based upon floor area
shall comply with the standard applicable to the zone within which
the building is located. In the case of a building that is split by
a zone boundary, the parking standard in each zone shall apply to
that portion of the building floor area located in such zone.
6.
The coverage by above-grade structures, the coverage by improvements,
floor area ratio and density shall be required to comply with the
standard for the zone in which the structures and improvements are
located, calculated using the entire lot area. In the case of a building
or buildings or improvements located partially in more than one zone
district, a pro rata standard shall apply to the entire lot, using
the following formula:
a.
Calculate that percentage of the total coverage, floor area
or number of dwelling units on the lot, as applicable, proposed in
each zone.
b.
Multiply the percentages resulting from the calculation in [1]
above for each zone times the applicable standard for coverage, floor
area ratio or density, of the same zone.
c.
Add the results from the calculations in [2] above to determine
the applicable standard.
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As an example, consider a development located on a lot split
by a zone boundary. Zone A permits 25% improvement coverage and zone
B permits 20% coverage. The development proposes 3,000 square feet
of coverage in zone A and 2,000 square feet of coverage in zone B,
for a total of 5,000 square feet of coverage. The permitted coverage
for the above-grade structures would be 23% of the total lot area,
calculated as follows:
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•
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3,000 square feet coverage proposed in zone A ÷ 5,000
square feet total proposed coverage = 60% of total coverage proposed
in zone A. 2,000 square feet coverage proposed in zone B ÷
5,000 square feet total proposed coverage = 40% of total coverage
proposed in zone B.
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•
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60% of total coverage proposed in zone A x 25% coverage permitted
in zone A = 15%. 40% of total coverage proposed in zone B x 20% coverage
permitted in zone B = 8%.
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•
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15% + 8% = 23% of total lot area permitted to be covered by
improvements.
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One can see by the above example that if 100% of the coverage
were proposed on that portion of the lot in Zone A, then 25% coverage
would be permitted, whereas if 100% of the coverage were proposed
on that portion of the lot in Zone B, then 20% coverage would be permitted.
Any other situation would result in a permitted coverage somewhere
between 20% and 25%.
| |
C.
Schedule of requirements. The schedule entitled "SUMMARY OF ZONING
STANDARDS" is hereby declared to be a part of this ordinance. The
schedule is a generalized summary of the use, bulk, lot, density and
intensity regulations established for each zone district. The regulations
established for each zone district in the text of this ordinance provide
greater detail than the schedule and take precedence over the standards
in the schedule. The schedule is not intended to present a comprehensive
list of all applicable zoning regulations.
[Amended 9-29-2009 by Ord. No. 1946]
[Added 6-15-2021 by G.O. No. 2218]
A.
Pursuant to § 31(b) of the New Jersey Cannabis Regulatory,
Enforcement Assistance, and Marketplace Modernization Act (P.L. 2021,
c. 16), all cannabis establishments, cannabis distributors, or cannabis
delivery services, except as to medical cannabis alternative treatment
centers, are hereby prohibited from operating anywhere in Town of
Westfield, except [as expressly allowed by § 31(b) of the
Act] for the delivery of cannabis items and related supplies by a
delivery service.
B.
The operation of cannabis cultivators, cannabis distributors, cannabis
manufacturers, cannabis wholesalers, and cannabis retailers are prohibited
uses in all zones within the Town of Westfield.
A.
Principal uses and structures. The following principal uses and structures
shall be permitted in the RS-40 zone district:
B.
Accessory uses and structures. The following accessory uses and structures
shall be permitted in the RS-40 zone district:
4.
Family day care homes as defined in Article 2 and as regulated
in N.J.S.A. 40:55D-66.5b.;
5.
Antennas, as regulated in § 13.04; and
6.
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.
C.
Conditional uses and structures. The following conditional uses and structures shall be permitted in the RS-40 district only if they comply with the appropriate regulations for such uses or structures in Article 18:
1.
Residential cluster development;
2.
Limited child care homes;
3.
Houses of worship;
4.
Public and private non-profit schools;
5.
Board of Education administrative offices;
6.
Non-profit chartered membership organizations;
7.
Residential-type public utility facilities; and
8.
Uses in the flood plain which are also permitted principal,
accessory or conditional uses in the RS-40 zone district.
E.
Bulk and lot regulations for conventional development. The following
bulk and lot regulations shall apply to conventional development within
the RS-40 zone district:
[Amended 9-29-2009 by Ord. No. 1946]
1.
Minimum lot area. Every lot shall contain a minimum lot area
of 40,000 square feet.
2.
Minimum lot width. There shall be a minimum lot width of 175
feet, provided, however, that the minimum lot width of corner lots
shall be 185 feet. In addition, the minimum average width of the lot
shall be such that there is a minimum lot area of at least 40,000
square feet within 267 feet of the front lot line, provided, however,
that the minimum average lot width of corner lots shall be such that
there is a minimum lot area of at least 40,000 square feet within
250 feet of the front lot line.
3.
Minimum lot frontage. There shall be a minimum lot frontage
of 150 feet for all lots, provided, however, that the minimum lot
frontage of corner lots shall be 160 feet.
4.
Minimum lot depth. There shall be a minimum lot depth of 200
feet for all lots.
5.
Front yard. The front yard shall conform to the established
front yard depth as set forth in § 12.03C, D and E. In the
event there is no established front yard depth, there shall be a minimum
front yard of 60 feet.
For corner lots, the required front yard shall be as established
above for interior lots. The required street side yard shall not be
less than 30 feet.
6.
Minimum side yard. Except as provided above for corner lots,
there shall be two side yards and no side yard shall be less than
20 feet.
7.
Minimum rear yard. There shall be a rear yard of at least 60
feet.
8.
Maximum building height. No principal building shall exceed
the maximum of 2 1/2 stories, exclusive of basement, but not
more than 35 feet in height.
9.
Maximum floor area ratio. The maximum floor area ratio shall
be as set forth in § 12.04E.
10.
Maximum coverage by buildings and above-grade structures. The
maximum coverage by buildings and above-grade structures shall be
as set forth in § 12.04F.
11.
Maximum coverage by improvements. The maximum coverage by improvements
shall be as set forth in § 12.04G.
12.
Maximum eave height. The maximum eave height shall be 22 feet.
13.
Maximum building mass at zoning side yard. The maximum continuous
length for building walls located adjacent to a side yard property
line shall not exceed the maximum continuous wall length at zoning
side yard as set forth in § 2.11G.
14.
Minimum garage space. Each dwelling shall have at a minimum
a two-car garage. In the case of an attached, front-facing garage
a minimum two-foot offset behind the main facade is required.
F.
Other regulations. In addition to the above requirements, any development
in the RS-40 zone district must comply with all applicable regulations
of this ordinance, including but not limited to the following:
[Amended 9-29-2009 by Ord. No. 1946]
B.
Accessory uses and structures. The following accessory uses and structures
shall be permitted in the RS-24 zone district:
4.
Family day care homes as defined in Article 2 and as regulated
in N.J.S.A. 40:55D-66.5b.;
5.
Antennas, as regulated in § 13.04; and
6.
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.
C.
Conditional uses and structures. The following conditional uses and structures shall be permitted in the RS-24 district only if they comply with the appropriate regulations for such uses or structures in Article 18:
1.
Limited child care homes;
2.
Houses of worship;
3.
Public and private non-profit schools;
4.
Board of Education administrative offices;
5.
Non-profit chartered membership organizations;
6.
Residential-type public utility facilities; and
7.
Uses in the flood plain which are also permitted principal,
accessory or conditional uses in the RS-24 zone district.
E.
Bulk and lot regulations. The following bulk and lot regulations
shall apply to all development within the RS-24 zone district:
[Amended 9-29-2009 by Ord. No. 1946]
1.
Minimum lot area. Every lot shall contain a minimum lot area
of 24,000 square feet.
2.
Minimum lot width. There shall be a minimum lot width of 120
feet, provided, however, that the minimum lot width of corner lots
shall be 130 feet. In addition, the minimum average width of the lot
shall be such that there is a minimum lot area of at least 24,000
square feet within 200 feet of the front lot line, provided, however,
that the minimum average lot width of corner lots shall be such that
there is a minimum lot area of at least 24,000 square feet within
185 feet of the front lot line.
3.
Minimum lot frontage. There shall be a minimum lot frontage
of 120 feet for all lots, provided, however, that the minimum lot
frontage of corner lots shall be 130 feet.
4.
Minimum lot depth. There shall be a minimum lot depth of 160
feet for all lots.
5.
Front yard. The front yard shall conform to the established
front yard depth as set forth in § 12.03C, D and E. In the
event there is no established front yard depth, there shall be a minimum
front yard of 50 feet.
For corner lots, the required front yard shall be as established
above for interior lots. The required street side yard shall not be
less than 25 feet.
6.
Minimum side yard. Except as provided above for corner lots,
there shall be two side yards and no side yard shall be less than
15 feet.
7.
Minimum rear yard. There shall be a rear yard of at least 50
feet.
8.
Maximum building height. No principal building shall exceed
the maximum of 2 1/2 stories, exclusive of basement, but not
more than 33.5 feet in height.
9.
Maximum floor area ratio. The maximum floor area ratio shall
be as set forth in § 12.04E.
10.
Maximum coverage by buildings and above-grade structures. The
maximum coverage by buildings and above-grade structures shall be
as set forth in § 12.04F.
11.
Maximum coverage by improvements. The maximum coverage by improvements
shall be as set forth in § 12.04G.
12.
Maximum eave height. The maximum eave height shall be 22 feet.
13.
Maximum building mass at zoning side yard. The maximum continuous
length for building walls located adjacent to a side yard property
line shall not exceed the maximum continuous wall length at zoning
side yard as set forth in § 2.11G.
14.
Minimum garage space. Each dwelling shall have at a minimum
a two-car garage. In the case of an attached, front-facing garage
a minimum two-foot offset behind the main facade is required.
B.
Accessory uses and structures. The following accessory uses and structures
shall be permitted in the RS-16 zone:
4.
Family day care homes as defined in Article 2 and as regulated
in N.J.S.A. 40:55D-66.5b.;
5.
Antennas, as regulated in § 13.04; and
6.
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.
C.
Conditional uses and structures. The following conditional uses and structures shall be permitted in the RS-16 district only if they comply with the appropriate regulations for such uses or structures in Article 18:
1.
Assisted living facilities;
2.
Limited child care homes;
3.
Houses of worship;
4.
Public and private non-profit schools;
5.
Board of Education administrative offices;
6.
Non-profit chartered membership organizations;
7.
Residential type public utility facilities; and
8.
Uses in the flood plain which are also permitted principal,
accessory or conditional uses in the RS-16 zone district.
E.
Bulk and lot regulations. The following bulk and lot regulations
shall apply to all development within the RS-16 zone district:
[Amended 9-29-2009 by Ord. No. 1946]
1.
Minimum lot area. Every lot shall contain a minimum lot area
of 16,000 square feet.
2.
Minimum lot width. There shall be a minimum lot width of 90
feet, provided, however, that the minimum lot width of corner lots
shall be 95 feet. In addition, the minimum average width of the lot
shall be such that there is a minimum lot area of at least 16,000
square feet within 178 feet of the front lot line, provided, however,
that the minimum average lot width of corner lots shall be such that
there is a minimum lot area of at least 16,000 square feet within
169 feet of the front lot line.
3.
Minimum lot frontage. There shall be a minimum lot frontage
of 90 feet for all lots, provided, however, that the minimum lot frontage
of corner lots shall be 95 feet.
4.
Minimum lot depth. There shall be a minimum lot depth of 140
feet for all lots.
5.
Front yard. The front yard shall conform to the established
front yard depth as set forth in § 12.03C, D and E. In the
event there is no established front yard depth, there shall be a minimum
front yard of 40 feet.
For corner lots, the required front yard shall be as established
above for interior lots. The required street side yard shall not be
less than 20 feet.
6.
Minimum side yard. Except as provided above for corner lots,
there shall be two side yards and no side yard shall be less than
15 feet.
7.
Minimum rear yard. There shall be a rear yard of at least 40
feet.
8.
Maximum building height. No principal building shall exceed
the maximum of 2 1/2 stories, exclusive of basement, but not
more than 33.5 feet in height.
9.
Maximum floor area ratio. The maximum floor area ratio shall
be as set forth in § 12.04E.
10.
Maximum coverage by buildings and above-grade structures. The
maximum coverage by buildings and above-grade structures shall be
as set forth in § 12.04F.
11.
Maximum coverage by improvements. The maximum coverage by improvements
shall be as set forth in § 12.04G.
12.
Maximum eave height. The maximum eave height shall be 22 feet.
13.
Maximum building mass at zoning side yard. The maximum continuous
length for building walls located adjacent to a side yard property
line shall not exceed the maximum continuous wall length at zoning
side yard as set forth in § 2.11G.
14.
Minimum garage space. Each dwelling shall have at a minimum
a two-car garage. In the case of an attached, front-facing garage
a minimum two-foot offset behind the main facade is required.
F.
Supplemental regulations for assisted living facilities. In addition
to all other applicable requirements of this ordinance, the following
regulations shall apply to assisted living facilities and shall supersede
other requirements of this ordinance only in case of conflict. The
following regulations shall not be construed to be conditional use
requirements:
1.
Minimum yards. There shall be a front, side and rear yards each
not less than 100 feet.
2.
Maximum building height. No principal building shall exceed
38 feet in height.
3.
Maximum coverage by buildings and above-grade structures. No
more than 15% of the area of any lot shall be covered by buildings
and above-grade structures; provided, however, that such coverage
may be increased to 17% when at least 2% of such coverage of the lot
is by a deck or decks.
Earthen flood detention basins as defined herein shall not be
considered as a building or structure for purposes of computing this
coverage.
4.
Maximum coverage by improvements. No more than 30% of the area
of any lot shall be covered by physical improvements, including but
not limited to buildings; above-grade structures; and at-grade structures
including, but not limited to, sidewalks, parking areas, patios, driveways,
swimming pools, etc. It is the intention of this provision that each
lot shall have at least 70% of its lot area without any improvements
except vegetation. Earthen flood detention basins as defined herein
shall not be considered as a building, structure or improvement for
purposes of computing this coverage.
5.
Minimum buffer area. There shall be provided parallel to all
property lines a buffer at least 50 feet in depth, measured perpendicular
to the lot line. Within such buffer area, there shall be no buildings,
parking or delivery areas or other improvements except for grading,
landscaping, fencing or walls, underground utilities and only those
driveways, sidewalks and related improvements necessary to provide
access to the site. Detention basins are permitted within such buffer
area, provided that the top of any slope or retaining wall for such
basins shall be set back at least 15 feet from any property line in
a residential zone district.
G.
Other regulations. In addition to the above requirements, any development
in the RS-16 zone district must comply with all applicable regulations
of this ordinance, including but not limited to the following:
B.
Accessory uses and structures. The following accessory uses and structures
shall be permitted in the RS-12 zone:
4.
Family day care homes as defined in Article 2 and as regulated
in N.J.S.A. 40:55D-66.5b.;
5.
Antennas, as regulated in § 13.04; and
6.
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.
C.
Conditional uses and structures. The following conditional uses and structures shall be permitted in the RS-12 district only if they comply with the appropriate regulations for such uses or structures in Article 18:
1.
Limited child care homes;
2.
Houses of worship;
3.
Public and private non-profit schools;
4.
Board of Education administrative offices;
5.
Non-profit chartered membership organizations;
6.
Residential-type public utility facilities; and
7.
Uses in the flood plain which are also permitted principal,
accessory or conditional uses in the RS-12 zone district.
E.
Bulk and lot regulations. The following bulk and lot regulations
shall apply to all development within the RS-12 zone district:
[Amended 9-29-2009 by Ord. No. 1946]
1.
Minimum lot area. Every lot shall contain a minimum lot area
of 12,000 square feet.
2.
Minimum lot width. There shall be a minimum lot width of 75
feet, provided, however, that the minimum lot width of corner lots
shall be 80 feet. In addition, the minimum average width of the lot
shall be such that there is a minimum lot area of at least 12,000
square feet within 160 feet of the front lot line, provided, however,
that the minimum average lot width of corner lots shall be such that
there is a minimum lot area of at least 12,000 square feet within
150 feet of the front lot line.
3.
Minimum lot frontage. There shall be a minimum lot frontage
of 75 feet for all lots, provided, however, that the minimum lot frontage
of corner lots shall be 80 feet.
4.
Minimum lot depth. There shall be a minimum lot depth of 120
feet for all lots.
5.
Front yard. The front yard shall conform to the established
front yard depth as set forth in § 12.03C, D and E. In the
event there is no established front yard depth, there shall be a minimum
front yard of 40 feet.
For corner lots, the required front yard shall be as established
above for interior lots. The required street side yard shall not be
less than 20 feet.
6.
Minimum side yard. Except as provided above for corner lots,
there shall be two side yards and no side yard shall be less than
12 1/2 feet.
7.
Minimum rear yard. There shall be a rear yard of at least 35
feet.
8.
Maximum building height. No principal building shall exceed
the maximum of 2 1/2 stories, exclusive of basement, but not
more than 32.75 feet in height.
9.
Maximum floor area ratio. The maximum floor area ratio shall
be as set forth in § 12.04E.
10.
Maximum coverage by buildings and above-grade structures. The
maximum coverage by buildings and above-grade structures shall be
as set forth in § 12.04F.
11.
Maximum coverage by improvements. The maximum coverage by improvements
shall be as set forth in § 12.04G.
12.
Maximum eave height. The maximum eave height shall be 22 feet.
13.
Maximum building mass at zoning side yard. The maximum continuous
length for building walls located adjacent to a side yard property
line shall not exceed the maximum continuous wall length at zoning
side yard as set forth in § 2.11G.
14.
Minimum garage space. Each dwelling shall have at a minimum
a two-car garage. In the case of an attached, front-facing garage
a minimum two-foot offset behind the main facade is required.
F.
Other regulations. In addition to the above requirements, any development
in the RS-12 zone district must comply with all applicable regulations
of this ordinance, including but not limited to the following:
B.
Accessory uses and structures. The following accessory uses and structures
shall be permitted in the RS-10 zone:
4.
Family day care homes as defined in Article 2 and as regulated
in N.J.S.A. 40:55D-66.5b.;
5.
Antennas, as regulated in § 13.04; and
6.
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.
C.
Conditional uses and structures. The following conditional uses and structures shall be permitted in the RS-10 district only if they comply with the appropriate regulations for such uses or structures in Article 18:
1.
Limited child care homes;
2.
Houses of worship;
3.
Public and private non-profit schools;
4.
Board of Education administrative offices;
5.
Non-profit chartered membership organizations;
6.
Residential-type public utility facilities; and
7.
Uses in the flood plain which are also permitted principal,
accessory or conditional uses in the RS-10 zone district.
E.
Bulk and lot regulations. The following bulk and lot regulations
shall apply to all development within the RS-10 zone district:
[Amended 9-29-2009 by Ord. No. 1946]
1.
Minimum lot area. Every lot shall contain a minimum lot area
of 10,000 square feet.
2.
Minimum lot width. There shall be a minimum lot width of 70
feet, provided, however, that the minimum lot width of corner lots
shall be 80 feet. In addition, the minimum average width of the lot
shall be such that there is a minimum lot area of at least 10,000
square feet within 143 feet of the front lot line, provided, however,
that the minimum average lot width of corner lots shall be such that
there is a minimum lot area of at least 10,000 square feet within
125 feet of the front lot line.
3.
Minimum lot frontage. There shall be a minimum lot frontage
of 70 feet for all lots, provided, however, that the minimum lot frontage
of corner lots shall be 80 feet.
4.
Minimum lot depth. There shall be a minimum lot depth of 120
feet for all lots.
5.
Front yard. The front yard shall conform to the established
front yard depth as set forth in § 12.03C, D and E. In the
event there is no established front yard depth, there shall be a minimum
front yard of 40 feet.
For corner lots, the required front yard shall be as established
above for interior lots. The required street side yard shall not be
less than 20 feet.
6.
Minimum side yard. Except as provided above for corner lots,
there shall be two side yards and no side yard shall be less than
10 feet.
7.
Minimum rear yard. There shall be a rear yard of at least 35
feet.
8.
Maximum building height. No principal building shall exceed
the maximum of 2 1/2 stories, exclusive of basement, but not
more than 32 feet in height.
9.
Maximum floor area ratio. The maximum floor area ratio shall
be as set forth in § 12.04E.
10.
Maximum coverage by buildings and above-grade structures. The
maximum coverage by buildings and above-grade structures shall be
as set forth in § 12.04F.
11.
Maximum coverage by improvements. The maximum coverage by improvements
shall be as set forth in § 12.04G.
12.
Maximum eave height. The maximum eave height shall be 22 feet.
13.
Maximum building mass at zoning side yard. The maximum continuous
length for building walls located adjacent to a side yard property
line shall not exceed the maximum continuous wall length at zoning
side yard as set forth in § 2.11G.
14.
Minimum garage space. Each dwelling shall have at a minimum
a one-car garage. In the case of an attached, front-facing garage
a minimum two-foot offset behind the main facade is required.
F.
Other regulations. In addition to the above requirements, any development
in the RS-10 zone district must comply with all applicable regulations
of this ordinance, including but not limited to the following:
B.
Accessory uses and structures. The following accessory uses and structures
shall be permitted in the RS-8 zone:
4.
Family day care homes as defined in Article 2 and as regulated
in N.J.S.A. 40:55D-66.5b.;
5.
Antennas, as regulated in § 13.04; and
6.
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.
C.
Conditional uses and structures. The following conditional uses and structures shall be permitted in the RS-8 district only if they comply with the appropriate regulations for such uses or structures in Article 18:
1.
Limited child care homes;
2.
Houses of worship;
3.
Public and private non-profit schools;
4.
Board of Education administrative offices;
5.
Non-profit chartered membership organizations;
6.
Residential-type public utility facilities; and
7.
Uses in the flood plain which are also permitted principal,
accessory or conditional uses in the RS-8 zone district.
E.
Bulk and lot regulations. The following bulk and lot regulations
shall apply to all development within the RS-8 zone district:
[Amended 9-29-2009 by Ord. No. 1946]
1.
Minimum lot area. Every lot shall contain a minimum lot area
of 8,000 square feet, provided, however that the minimum lot area
of corner lots shall be 8,400 square feet.
2.
Minimum lot width. There shall be a minimum lot width of 60
feet, provided, however, that the minimum lot width of corner lots
shall be 70 feet. In addition, the minimum average width of the lot
shall be such that there is a minimum lot area of at least 8,000 square
feet within 134 feet of the front lot line, provided, however, that
the minimum average lot width of corner lots shall be such that there
is a minimum lot area of at least 8,400 square feet within 120 feet
of the front lot line.
3.
Minimum lot frontage. There shall be a minimum lot frontage
of 60 feet for all lots, provided, however, that the minimum lot frontage
of corner lots shall be 70 feet.
4.
Minimum lot depth. There shall be a minimum lot depth of 120
feet for all lots.
5.
Front yard. The front yard shall conform to the established
front yard depth as set forth in § 12.03C, D and E. In the
event there is no established front yard depth, there shall be a minimum
front yard of 40 feet.
For corner lots, the required front yard shall be as established
above for interior lots. The required street side yard shall not be
less than 20 feet.
6.
Minimum side yard. Except as provided above for corner lots,
there shall be two side yards and no side yard shall be less than
10 feet.
7.
Minimum rear yard. There shall be a rear yard of at least 35
feet.
8.
Maximum building height. No principal building shall exceed
the maximum of 2 1/2 stories, exclusive of basement, but not
more than 32 feet in height.
9.
Maximum floor area ratio. The maximum floor area ratio shall
be as set forth in § 12.04E.
10.
Maximum coverage by buildings and above-grade structures. The
maximum coverage by buildings and above-grade structures shall be
as set forth in § 12.04F.
11.
Maximum coverage by improvements. The maximum coverage by improvements
shall be as set forth in § 12.04G.
12.
Maximum eave height. The maximum eave height shall be 22 feet.
13.
Maximum building mass at zoning side yard. The maximum continuous
length for building walls located adjacent to a side yard property
line shall not exceed the maximum continuous wall length at zoning
side yard as set forth in § 2.11G.
14.
Minimum garage space. Each dwelling shall have at a minimum
a one-car garage. In the case of an attached, front-facing garage
a minimum two-foot offset behind the main facade is required.
F.
Other regulations. In addition to the above requirements, any development
in the RS-8 zone district must comply with all applicable regulations
of this ordinance, including but not limited to the following:
B.
Accessory uses and structures. The following accessory uses and structures
shall be permitted in the RS-6 zone:
4.
Family day care homes as defined in Article 2 and as regulated
in N.J.S.A. 40:55D-66.5b.;
5.
Antennas, as regulated in § 13.04; and
6.
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.
C.
Conditional uses and structures. The following conditional uses and structures shall be permitted in the RS-6 district only if they comply with the appropriate regulations for such uses or structures in Article 18:
1.
Limited child care homes;
2.
Houses of worship;
3.
Public and private non-profit schools;
4.
Board of Education administrative offices;
5.
Non-profit chartered membership organizations;
6.
Residential-type public utility facilities; and
7.
Uses in the flood plain which are also permitted principal,
accessory or conditional uses in the RS-6 zone district.
E.
Bulk and lot regulations. The following bulk and lot regulations
shall apply to all development within the RS-6 zone district:
[Amended 9-29-2009 by Ord. No. 1946]
1.
Minimum lot area. Every lot shall contain a minimum lot area
of 6,000 square feet, provided, however, that the minimum lot area
of corner lots shall be 7,200 square feet.
2.
Minimum lot width. There shall be a minimum lot width of 50
feet, provided, however, that the minimum lot width of corner lots
shall be 60 feet. In addition, the minimum average width of the lot
shall be such that there is a minimum lot area of at least 6,000 square
feet within 120 feet of the front lot line, provided, however, that
the minimum average lot width of corner lots shall be such that there
is a minimum lot area of at least 7,200 square feet within 120 feet
of the front lot line.
3.
Minimum lot frontage. There shall be a minimum lot frontage
of 50 feet for all lots, provided, however, that the minimum lot frontage
of corner lots shall be 60 feet.
4.
Minimum lot depth. There shall be a minimum lot depth of 120
feet for all lots.
5.
Front yard. The front yard shall conform to the established
front yard depth as set forth in § 12.03C, D and E. In the
event there is no established front yard depth, there shall be a minimum
front yard of 40 feet.
For corner lots, the required front yard shall be as established
above for interior lots. The required street side yard shall not be
less than 20 feet.
6.
Minimum side yard. Except as provided above for corner lots,
there shall be two side yards and no side yard shall be less than
10 feet.
7.
Minimum rear yard. There shall be a rear yard of at least 35
feet.
8.
Maximum building height. No principal building shall exceed
the maximum of 2 1/2 stories, exclusive of basement, but not
more than 32 feet in height.
9.
Maximum floor area ratio. The maximum floor area ratio shall
be as set forth in § 12.04E.
10.
Maximum coverage by buildings and above-grade structures. The
maximum coverage by buildings and above-grade structures shall be
as set forth in § 12.04F.
11.
Maximum coverage by improvements. The maximum coverage by improvements
shall be as set forth in § 12.04G.
12.
Maximum eave height. The maximum eave height shall be 22 feet.
13.
Maximum building mass at zoning side yard. The maximum continuous
length for building walls located adjacent to a side yard property
line shall not exceed the maximum continuous wall length at zoning
side yard as set forth in § 2.11G.
14.
Minimum garage space. Each dwelling shall have at a minimum
a 1-car garage. In the case of an attached, front-facing garage a
minimum two-foot offset behind the main facade is required.
F.
Other regulations. In addition to the above requirements, any development
in the RS-6 zone district must comply with all applicable regulations
of this ordinance, including but not limited to the following:
A.
Principal uses and structures. The following principal uses and structures
shall be permitted in the RM-12 zone district:
B.
Accessory uses and structures. The following accessory uses and structures
shall be permitted in the RM-12 zone:
4.
Family day care homes as defined in Article 2 and as regulated
in N.J.S.A. 40:55D-66.5b.;
5.
Antennas, as regulated in § 13.04; and
6.
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.
C.
Conditional uses and structures. The following conditional uses and structures shall be permitted in the RM-12 District only if they comply with the appropriate regulations for such uses or structures in Article 18:
[Amended 8-11-2020 by G.O. No. 2177]
E.
Bulk and lot regulations. The following bulk and lot regulations
shall apply to all development within the RM-12 zone district:
[Amended 9-29-2009 by Ord. No. 1946]
1.
Minimum lot area. Every lot shall contain a minimum lot area
of 12,000 square feet, provided, however, that the minimum lot area
of corner lots shall be 12,360 square feet.
2.
Minimum lot width. Every lot shall have a minimum lot width
of 75 feet, provided, however, that the minimum lot width of corner
lots shall be 103 feet. In addition, the minimum average width of
the lot shall be such that there is a minimum lot area of at least
12,000 square feet within 160 feet of the front lot line, provided,
however, that the minimum average lot width of corner lots shall be
such that there is a minimum lot area of 12,360 square feet within
120 feet of the front lot line.
3.
Minimum lot frontage. There shall be a minimum lot frontage
of 75 feet for all lots, provided, however, that the minimum lot frontage
of corner lots shall be 103 feet.
4.
Minimum lot depth. There shall be a minimum lot depth of 120
feet for all lots.
5.
Front yard. The front yard shall conform to the established
front yard depth as set forth in § 12.03C, D and E. In the
event there is no established front yard depth, there shall be a minimum
front yard of 40 feet.
For corner lots, the required front yard and street side yard
shall both be as established above for front yards of interior lots.
6.
Minimum side yard. Except as provided above for corner lots,
there shall be two side yards and no side yard shall be less than
12 1/2 feet.
7.
Minimum rear yard. There shall be a rear yard of at least 35
feet.
8.
Maximum building height. No principal building shall exceed
the maximum of 2 1/2 stories, exclusive of basement, but not
more than 32 3/4 feet in height.
9.
Maximum floor area ratio. The maximum floor area ratio shall
be as set forth in § 12.04E.
10.
Maximum coverage by buildings and above-grade structures. The
maximum coverage by buildings and above-grade structures shall be
as set forth in § 12.04F.
11.
Maximum coverage by improvements. The maximum coverage by improvements
shall be as set forth in § 12.04G.
12.
Maximum eave height. The maximum eave height shall be 22 feet.
13.
Maximum building mass at zoning side yard. The maximum continuous
length for building walls located adjacent to a side yard property
line shall not exceed the maximum continuous wall length at zoning
side yard as set forth in § 2.11G.
14.
Minimum garage space. Each dwelling shall have at a minimum
a two-car garage. In the case of an attached, front-facing garage
a minimum two-foot offset behind the main facade is required.
F.
Other regulations. In addition to the above requirements, any development
in the RM-12 zone district must comply with all applicable regulations
of this ordinance, including but not limited to the following:
A.
Principal uses and structures. The following principal uses and structures
shall be permitted in the RM-8 zone district:
1.
Single-family residential uses in detached single-family residential
structures;
2.
Two-family residential uses in a single structure on the same
lot provided the same have the general appearance of a one-family
dwelling with a single main entrance;
[Amended 6-4-2013 by Ord.
No. 2008]
3.
Public parks and playgrounds; and
4.
Community residences and shelters.
B.
Accessory uses and structures. The following accessory uses and structures
shall be permitted in the RM-8 zone:
4.
Family day care homes as defined in Article 2 and as regulated
in N.J.S.A. 40:55D-66.5b.;
5.
Antennas, as regulated in § 13.04; and
6.
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.
C.
Conditional uses and structures. The following conditional uses and structures shall be permitted in the RM-8 District only if they comply with the appropriate regulations for such uses or structures in Article 18:
[Amended 8-11-2020 by G.O. No. 2177]
E.
Bulk and lot regulations. The following bulk and lot regulations
shall apply to all development within the RM-8 zone district:
[Amended 9-29-2009 by Ord. No. 1946]
1.
Minimum lot area. Every lot shall contain a minimum lot area
of 8,000 square feet, provided, however, that the minimum lot area
of corner lots shall be 8,400 square feet.
2.
Minimum lot width. Every lot shall have a minimum lot width
of 60 feet, provided, however, that the minimum lot width of corner
lots shall be 70 feet. In addition, the minimum average width of the
lot shall be such that there is a minimum lot area of at least 8,000
square feet within 134 feet of the front lot line, provided, however,
that the minimum average lot width of corner lots shall be such that
there is a minimum lot area of at least 8,400 square feet within 120
feet of the front lot line.
3.
Minimum lot frontage. There shall be a minimum lot frontage
of 60 feet for all lots, provided, however, that the minimum lot frontage
of corner lots shall be 70 feet.
4.
Minimum lot depth. There shall be a minimum lot depth of 120
feet for all lots.
5.
Front yard. The front yard shall conform to the established
front yard depth as set forth in § 12.03C, D and E. In the
event there is no established front yard depth, there shall be a minimum
front yard of 40 feet.
For corner lots, the required front yard shall be as established
above for interior lots. The required street side yard shall be not
less than 20 feet.
6.
Minimum side yard. Except as provided above for corner lots,
there shall be two side yards and no side yard shall be less than
10 feet.
7.
Minimum rear yard. There shall be a rear yard of at least 35
feet.
8.
Maximum building height. No principal building shall exceed
the maximum of 2 1/2 stories, exclusive of basement, but not
more than 32 feet in height.
9.
Maximum floor area ratio. The maximum floor area ratio shall
be as set forth in § 12.04E.
10.
Maximum coverage by buildings and above-grade structures. The
maximum coverage by buildings and above-grade structures shall be
as set forth in § 12.04F.
11.
Maximum coverage by improvements. The maximum coverage by improvements
shall be as set forth in § 12.04G.
12.
Maximum eave height. The maximum eave height shall be 22 feet.
13.
Maximum building mass at zoning side yard. The maximum continuous
length for building walls located adjacent to a side yard property
line shall not exceed the maximum continuous wall length at zoning
side yard as set forth in § 2.11G.
14.
Minimum garage space. Only detached garages shall be permitted
and each dwelling shall have at a minimum a detached 1-car garage.
[Amended 6-4-2014 by Ord.
No. 2008]
15.
Minimum front porch. Each principal building shall have a front
porch, with a width which is at least 50% of the width of the front
facade, and a depth of at least five feet.
[Amended 6-4-2014 by Ord.
No. 2008]
F.
Other regulations. In addition to the above requirements, any development
in the RM-8 zone district must comply with all applicable regulations
of this ordinance, including but not limited to the following:
A.
Principal uses and structures. The following principal uses and structures
shall be permitted in the RM-6 zone district:
B.
Accessory uses and structures. The following accessory uses and structures
shall be permitted in the RM-6 zone:
4.
Family day care homes as defined in Article 2 and as regulated
in N.J.S.A. 40:55D-66.5b.;
5.
Antennas, as regulated in § 13.04; and
6.
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.
C.
Conditional uses and structures. The following conditional uses and structures shall be permitted in the RM-6 District only if they comply with the appropriate regulations for such uses or structures in Article 18:
[Amended 8-11-2020 by G.O. No. 2177]
E.
Bulk and lot regulations. The following bulk and lot regulations
shall apply to all development within the RM-6 zone district:
[Amended 9-29-2009 by Ord. No. 1946]
1.
Minimum lot area.
a.
Single-family detached dwellings. Each single-family detached
dwelling shall be located on a lot containing a minimum area of 6,000
square feet, provided, however, that the minimum lot area of corner
lots shall be 7,200 square feet.
b.
Two-family dwellings. Each two-family dwelling shall be located
on a lot containing a minimum area of 8,000 square feet, provided,
however, that the minimum lot area of corner lots shall be 8,400 square
feet.
2.
Minimum lot width.
a.
Single-family detached dwellings. Each single-family detached
dwelling shall be located on a lot having a minimum width of 50 feet,
provided, however, that the minimum lot width of corner lots shall
be 60 feet. In addition, on lots containing a single-family detached
dwelling, the minimum average width of the lot shall be such that
there is a minimum lot area of at least 6,000 square feet within 120
feet of the front lot line, provided, however, that the minimum average
lot width of corner lots shall be such that there is a minimum lot
area of at least 7,200 square feet within 120 feet of the front lot
line.
b.
Two-family dwellings. Each two-family dwelling shall be located
on a lot having a minimum width of 60 feet, provided, however, that
the minimum lot width of corner lots shall be 70 feet. In addition,
on lots containing a two-family dwelling, the average width of the
lot shall be such that there is a minimum lot area of at least 8,000
square feet within 134 feet of the front lot line, provided, however,
that the minimum average lot width of corner lots shall be such that
there is a minimum lot area of at least 8,400 square feet within 120
feet of the front lot line.
3.
Minimum lot frontage.
a.
Single-family detached dwellings. Each single-family detached
dwelling shall be located on a lot with a minimum frontage of 50 feet,
provided, however, that the minimum lot frontage of corner lots shall
be 60 feet.
b.
Two-family dwellings. Each two-family dwelling shall be located
on a lot with a minimum frontage of 60 feet, provided, however, that
the minimum lot frontage of corner lots shall be 70 feet.
4.
Minimum lot depth. There shall be a minimum lot depth of 120
feet for all lots.
5.
Front yard. The front yard shall conform to the established
front yard depth as set forth in § 12.03C, D and E. In the
event there is no established front yard depth, there shall be a front
yard of 40 feet.
For corner lots, the required front yard shall be as established
above for interior lots. The required street side yard shall be not
less than 20 feet.
6.
Minimum side yard. Except as provided above for corner lots,
there shall be two side yards and no side yard shall be less than
10 feet.
7.
Minimum rear yard. There shall be a rear yard of at least 35
feet.
8.
Maximum building height. No principal building shall exceed
the maximum of 2 1/2 stories, exclusive of basement, but not
more than 32 feet in height.
9.
Maximum floor area ratio. The maximum floor area ratio shall
be as set forth in § 12.04E.
10.
Maximum coverage by buildings and above-grade structures. The
maximum coverage by buildings and above-grade structures shall be
as set forth in § 12.04F.
11.
Maximum coverage by improvements. The maximum coverage by improvements
shall be as set forth in § 12.04G.
12.
Maximum eave height. The maximum eave height shall be 22 feet.
13.
Maximum building mass at zoning side yard. The maximum continuous
length for building walls located adjacent to a side yard property
line shall not exceed the maximum continuous wall length at zoning
side yard as set forth in § 2.11G.
14.
Minimum garage space. Each dwelling shall have at a minimum
a one-car garage. In the case of an attached, front-facing garage
a minimum two-foot offset behind the main facade is required.
F.
Other regulations. In addition to the above requirements, any development
in the RM-6 zone district must comply with all applicable regulations
of this ordinance, including but not limited to the following:
A.
Principal uses and structures. The following principal uses and structures
shall be permitted in the RM-6D zone district:
1.
Single-family residential uses in detached single-family residential
structures;
2.
Two-family residential uses in a single structure on the same
lot;
3.
Single-family residential uses in attached single-family residential
structures sharing a common vertical wall, also known as duplexes,
containing two separate dwelling units on separate lots;
4.
Public parks and playgrounds; and
5.
Community residences and shelters.
B.
Accessory uses and structures. The following accessory uses and structures
shall be permitted in the RM-6D zone:
4.
Family day care homes as defined in Article 2 and as regulated
in N.J.S.A. 40:55D-66.5b.;
5.
Antennas, as regulated in § 13.04; and
6.
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.
C.
Conditional uses and structures. The following conditional uses and structures shall be permitted in the RM-6D District only if they comply with the appropriate regulations for such uses or structures in Article 18
[Amended 8-11-2020 by G.O. No. 2177]
E.
Bulk and lot regulations. The following bulk and lot regulations
shall apply to all development within the RM-6D zone district:
[Amended 9-29-2009 by Ord. No. 1946]
1.
Minimum lot area.
a.
Single-family detached dwellings. Each single-family detached
dwelling shall be located on a lot containing a minimum area of 6,000
square feet, provided, however, that the minimum lot area of corner
lots shall be 7,200 square feet.
b.
Two-family dwellings. Each two-family dwelling shall be located
on a lot containing a minimum area of 8,000 square feet, provided,
however, that the minimum lot area of corner lots shall be 8,400 square
feet.
c.
Single-family attached dwellings. Each single-family attached
dwelling shall be located on a lot containing a minimum area of 4,000
square feet, provided, however, that the minimum lot area of corner
lots shall be 4,800 square feet.
2.
Minimum lot width.
a.
Single-family detached dwellings. Each single-family detached
dwelling shall be located on a lot having a minimum width of 50 feet,
provided, however, that the minimum lot width of corner lots shall
be 60 feet. In addition, on lots containing a single-family detached
dwelling, the minimum average width of the lot shall be such that
there is a minimum lot area of at least 6,000 square feet within 120
feet of the front lot line, provided, however, that the minimum average
lot width of corner lots shall be such that there is a minimum lot
area of at least 7,200 square feet within 120 feet of the front lot
line.
b.
Two-family dwellings. Each two-family dwelling shall be located
on a lot having a minimum width of 60 feet, provided, however, that
the minimum lot width of corner lots shall be 70 feet. In addition,
on lots containing a two-family dwelling, the minimum average width
of the lot shall be such that there is a minimum lot area of at least
8,000 square feet within 134 feet of the front lot line, provided,
however, that the minimum average lot width of corner lots shall be
such that there is a minimum lot area of at least 8,400 square feet
within 120 feet of the front lot line.
c.
Single-family attached dwellings. Each single-family attached
dwelling shall be located on a lot having a minimum width of 30 feet,
provided, however, that the minimum lot width of corner lots shall
be 40 feet. In addition, on lots containing a single-family attached
dwelling, the minimum average width of the lot shall be such that
there is a minimum lot area of at least 4,000 square feet within 134
feet of the front lot line, provided, however, that the minimum average
lot width of corner lots shall be such that there is a minimum lot
area of at least 4,800 square feet within 120 feet of the front lot
line.
3.
Minimum lot frontage.
a.
Single-family detached dwellings. Each single-family detached
dwelling shall be located on a lot with a minimum frontage of 50 feet,
provided, however, that the minimum lot frontage of corner lots shall
be 60 feet.
b.
Two-family dwellings. Each two-family dwelling shall be located
on a lot with a minimum frontage of 60 feet, provided, however, that
the minimum lot frontage of corner lots shall be 70 feet.
c.
Single-family attached dwellings. Each single-family attached
dwelling shall be located on a lot with a minimum frontage of 30 feet,
provided, however, that the minimum lot frontage of corner lots shall
be 40 feet.
4.
Minimum lot depth. There shall be a minimum lot depth of 120
feet for all lots.
5.
Front yard. The front yard shall conform to the established
front yard depth as set forth in § 12.03C, D and E. In the
event there is no established front yard depth, there shall be a minimum
front yard of 40 feet. For corner lots, the required front yard shall
be as established above for interior lots. The required street side
yard shall be not less than 20 feet.
6.
Minimum side yard. Except as provided above for corner lots,
the following side yard requirements shall apply:
a.
Single-family detached dwellings and two-family dwellings. There
shall be two side yards and no side yard shall be less than 10 feet.
b.
Single-family attached dwellings. No side yard shall be required
along the common vertical wall between two dwellings. The other side
yard shall be no less than 10 feet.
7.
Minimum rear yard. There shall be a rear yard of at least 35
feet.
8.
Maximum building height. No principal building shall exceed
the maximum of 2 1/2 stories, exclusive of basement, but not
more than 32 feet in height.
9.
Maximum floor area ratio. The maximum floor area ratio shall
be as set forth in § 12.04E.
10.
Maximum coverage by buildings and above-grade structures. The
maximum coverage by buildings and above-grade structures shall be
as set forth in § 12.04F.
11.
Maximum coverage by improvements. The maximum coverage by improvements
shall be as set forth in § 12.04G.
12.
Maximum eave height. The maximum eave height shall be 22 feet.
13.
Maximum building mass at zoning side yard. The maximum continuous
length for building walls located adjacent to a side yard property
line shall not exceed the maximum continuous wall length at zoning
side yard as set forth in § 2.11G.
14.
Minimum garage space. Each dwelling shall have at a minimum
a one-car garage. In the case of an attached, front-facing garage
a minimum two-foot offset behind the main facade is required.
F.
Other regulations. In addition to the above requirements, any development
in the RM-6D zone district must comply with all applicable regulations
of this ordinance, including but not limited to the following:
A.
Principal uses and structures. Housing for the elderly as defined
in Article 2 within a multi-family residential structure shall be
permitted as a principal use in the RA-1 zone district.
B.
Accessory uses and structures. The following accessory uses and structures
shall be permitted in the RA-1 zone:
3.
Home occupations as regulated in Article 14; excluding family day care homes in multi-family residential structures used as housing for the elderly;
4.
Antennas, as regulated in § 13.04; and
5.
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, decks, patios, and recreational
facilities such as swimming pools, tennis courts, racquetball courts,
exercise facilities, meeting rooms, community house, game rooms, etc.,
shall not be considered to be a use customarily incidental to housing
for the elderly.
C.
Conditional uses and structures. The following conditional uses and structures shall be permitted in the RA-1 district only if they comply with the appropriate regulations for such uses or structures in Article 18:
E.
Bulk and lot regulations. The following bulk and lot regulations
shall apply to all development within the RA-1 zone district:
1.
Minimum lot area. There shall be a minimum lot area of one acre
(43,560 square feet).
2.
Minimum front yard. For interior lots, there shall be a front
yard of not less than 50 feet. For corner lots, the required front
yard shall be as established above for interior lots. The required
street side yard shall not be less than 25 feet.
3.
Minimum side yard and rear yard. Except as provided above for
corner lots, no building containing dwelling units shall be closer
to any side or rear property line than 30 feet. Notwithstanding this
requirement, when the side yard in the RA-1 zone abuts the side yard
of any residential zone, the minimum side yard in the RA-1 zone shall
be equal to one foot for every foot of height of the building in the
RA-1 zone, but not less than 30 feet.
4.
Maximum density. There shall be a maximum density of one dwelling
unit for each 4,356 square feet of lot area, or 10 dwelling units
for each acre.
5.
Maximum building height. No principal building shall exceed
the maximum of two habitable floors, exclusive of basement, but not
more than 30 feet in height.
6.
Minimum distance between buildings. There shall be provided
between buildings containing dwelling units a minimum distance of
30 feet.
7.
Maximum coverage by buildings and above-grade structures. No
more than 17% of the area of any lot shall be covered by buildings
and above-grade structures; provided, however, that such coverage
may be increased to 19% when at least 2% of such coverage of the lot
is by a deck or decks. Earthen flood detention basins as defined herein
shall not be considered as a building or structure for purposes of
computing this coverage.
8.
Maximum coverage by improvements. No more than 50% of the area
of any lot shall be covered by physical improvements, including but
not limited to buildings; above-grade structures; and at-grade structures
including, but not limited to, sidewalks, parking areas, patios, driveways,
swimming pools, etc. It is the intention of this provision that each
lot shall have at least 50% of its lot area without any improvements
except vegetation. Earthen flood detention basins as defined herein
shall not be considered as a building, structure or improvement for
purposes of computing this coverage.
9.
Maximum dwelling units per building. No building shall contain
more than four dwelling units.
10.
Minimum floor area per dwelling unit. Every housing for the
elderly building shall contain a minimum habitable floor area per
dwelling unit that complies with the following schedule:
|
Number of Rooms*
|
Minimum Habitable Floor Area
(square feet)
|
|---|---|
|
1
|
600
|
|
2
|
750
|
|
3
|
900
|
|
4 or more
|
1,050
|
|
*
|
Exclusive of main living room, kitchen, dinette or dining room
where permitted, bathrooms and closets.
|
11.
Minimum number of bedrooms. Each dwelling unit shall contain
at least one bedroom.
F.
Other regulations. In addition to the above requirements, any development
in the RA-1 zone district must comply with all applicable regulations
of this ordinance, including but not limited to the following:
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 as housing for the
elderly.
2.
Screening. Any premises in the RA-1 zone that is used for housing
for the elderly shall be effectively screened on any side which abuts
any premises that is used exclusively as a single-family detached
or two-family dwelling. The required screening shall meet the conditions
imposed by the Planning Board for this purpose.
3.
The general provisions of Article 12 shall be met.
A.
Principal uses and structures. Garden apartments as defined in Article
2 shall be permitted as a principal use and structure in the RA-2
zone district.
B.
Accessory uses and structures. The following accessory uses and structures
shall be permitted in the RA-2 zone:
3.
Home occupations as regulated in Article 14, excluding family day care homes in garden apartments;
4.
Antennas, as regulated in § 13.04; and
5.
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, decks and patios shall not
be considered to be a use customarily incidental to a garden apartment.
C.
Conditional uses and structures. The following conditional uses and structures shall be permitted in the RA-2 district only if they comply with the appropriate regulations for such uses or structures in Article 18:
E.
Bulk and lot regulations. The following bulk and lot regulations
shall apply to all development within the RA-2 zone district:
1.
Minimum lot area. There shall be a minimum lot area of two acres
(87,120 square feet).
2.
Minimum lot width. There shall be a minimum lot width of 200
feet.
3.
Minimum front yard. For interior lots, there shall be a front
yard of not less than 50 feet. For corner lots, the required front
yard shall be as established above for interior lots. The required
street side yard shall not be less than 25 feet.
4.
Minimum side yard and rear yard. Except as provided above for
corner lots, no building containing dwelling units shall be closer
to any side or rear property line than 30 feet. Notwithstanding this
requirement, when the side yard in the RA-2 zone abuts the side yard
of any residential zone, the minimum side yard in the RA-2 zone shall
be equal to one foot for every foot of height of the building in the
RA-2 zone, but not less than 30 feet.
5.
Maximum density. There shall be a maximum density of 13 dwelling
units for each acre of lot area.
6.
Maximum rooms per acre. There shall not be more than 20 rooms
per acre, exclusive of main living rooms, kitchens, dinettes, bathrooms
and closets.
7.
Maximum building height. No principal building shall exceed
the maximum of two habitable floors, exclusive of basement, but not
more than 30 feet in height. No accessory building shall exceed one
story in height.
8.
Minimum distance between buildings. There shall be provided
between buildings containing dwelling units a minimum distance of
30 feet. In any "U" shaped building or group of attached buildings
forming a "U" shape, the open court across the "U" shall not be less
than 60 feet, and said court shall not contain any accessory building.
9.
Maximum coverage by buildings and above-grade structures. No
more than 17% of the area of any lot shall be covered by buildings
and above-grade structures; provided, however, that such coverage
may be increased to 19% when at least 2% of such coverage of the lot
is by a deck or decks. Earthen flood detention basins as defined herein
shall not be considered as a building or structure for purposes of
computing this coverage.
10.
Maximum coverage by improvements. No more than 50% of the area
of any lot shall be covered by physical improvements, including but
not limited to buildings; above-grade structures; and at-grade structures
including, but not limited to, sidewalks, parking areas, patios, driveways,
swimming pools, etc. It is the intention of this provision that each
lot shall have at least 50% of its lot area without any improvements
except vegetation. Earthen flood detention basins as defined herein
shall not be considered as a building, structure or improvement for
purposes of computing this coverage.
11.
Maximum dwelling units per building. No building shall contain
more than 12 dwelling units.
12.
Minimum floor area per dwelling unit. Every building shall contain
a minimum habitable floor area per dwelling unit that complies with
the following schedule:
|
Number of Rooms*
|
Minimum Habitable Floor Area
(square feet)
|
|---|---|
|
1
|
600
|
|
2
|
750
|
|
3
|
900
|
|
4 or more
|
1,050
|
|
*
|
Exclusive of main living room, kitchen, dinette or dining room
where permitted, bathrooms and closets.
|
13.
Minimum number of bedrooms. Each dwelling unit shall contain
at least one bedroom.
14.
Maximum continuous wall length. The longest dimension of any
continuous exterior wall of any building shall not be greater than
50 feet. For the purpose of administering this provision, any exterior
wall that is offset for a depth of four feet or greater shall be construed
as a separate wall.
F.
Other regulations. In addition to the above requirements, any development
in the RA-2 zone district must comply with all applicable regulations
of this ordinance, including but not limited to the following:
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 garden apartments.
2.
Use of accessory buildings, basements and attics. No part of
any accessory building or structure shall be used for living purposes.
No portion of any building or structure below the first floor or above
the second floor shall be used for dwelling purposes, except that
one basement dwelling unit may be provided for on the lot and occupied
by a janitor or superintendent employed upon the premises.
3.
Screening. Any premises in the RA-2 zone that is used for garden
apartments shall be effectively screened on any side which abuts any
premises that are used exclusively as a single-family detached or
two-family dwelling. The required screening shall meet the conditions
imposed by the Planning Board for this purpose.
4.
The general provisions of Article 12 shall be met.
A.
Principal uses and structures. The following principal uses and structures
shall be permitted in the RA-3 zone district:
[Amended 5-11-1999 by Ord. No. 1734]
B.
Accessory uses and structures. The following accessory uses and structures
shall be permitted in the RA-3 zone:
3.
Home occupations as regulated in Article 14, excluding family day care homes in garden apartments;
4.
Antennas, as regulated in § 13.04; and
5.
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, racquetball courts, exercise
facilities, meeting rooms, community house, game rooms, etc., shall
not be considered to be a use customarily incidental to a garden apartment
or other multi-family residence.
[Amended 5-11-1999 by Ord. No. 1734]
C.
Conditional uses and structures. The following conditional uses and structures shall be permitted in the RA-3 district only if they comply with the appropriate regulations for such uses or structures in Article 18:
E.
Bulk and lot regulations for garden apartments and other multi-family
residences. The following bulk and lot regulations shall apply to
all garden apartments and other multi-family residences within the
RA-3 zone district:
[Amended 5-11-1999 by Ord. No. 1734]
1.
Minimum lot area. There shall be a minimum lot area of 15,000
square feet.
2.
Minimum lot width. There shall be a minimum lot width of 100
feet.
3.
Minimum front yard. For interior lots, there shall be a front
yard of not less than 40 feet. For corner lots, the required front
yard shall be as established above for interior lots. The required
street side yard shall not be less than 20 feet.
4.
Minimum side yard and rear yard. Except as provided above for
corner lots, no building containing dwelling units shall be closer
to any side or rear property line than 30 feet. Notwithstanding this
requirement, when the side yard in the RA-3 zone abuts the side yard
of any residential zone, the minimum side yard in the RA-3 zone shall
be equal to one foot for every foot of height of the building in the
RA-3 zone, but not less than 30 feet.
5.
Maximum density. There shall be a maximum density of 18 dwelling
units for each acre of lot area within the RA-3 district.
[Amended 9-29-2009 by Ord. No. 1946]
6.
Maximum rooms per acre. There shall not be more than 36 rooms
per acre, exclusive of main living rooms, kitchens, dinettes, bathrooms
and closets.
[Amended 9-29-2009 by Ord. No. 1946]
7.
Maximum building height. No principal building shall exceed
the maximum of 2 1/2 stories, exclusive of basement, but not
more than 35 feet in height. No accessory building shall exceed one
story in height.
[Amended 9-29-2009 by Ord. No. 1946]
8.
Minimum garage space. Each dwelling shall have at a minimum
a 1-car garage. In the case of an attached, front-facing garage a
minimum two-foot offset behind the main facade is required.
[Amended 9-29-2009 by Ord. No. 1946]
9.
Minimum distance between buildings. There shall be provided
between buildings containing dwelling units a minimum distance of
30 feet. In any "U" shaped building or group of attached buildings
forming a "U" shape, the open court across the "U" shall not be less
than 60 feet, and said court shall not contain any accessory building.
10.
Maximum coverage by buildings and above-grade structures. No
more than 25% of the area of any lot shall be covered by buildings
and above-grade structures; provided, however, that such coverage
may be increased to 27% when at least 2% of such coverage of the lot
is by a deck or decks. Earthen flood detention basins as defined herein
shall not be considered as a building or structure for purposes of
computing this coverage.
11.
Maximum coverage by improvements. No more than 50% of the area
of any lot shall be covered by physical improvements, including but
not limited to buildings; above-grade structures; and at-grade structures
including, but not limited to, sidewalks, parking areas, patios, driveways,
swimming pools, etc. It is the intention of this provision that each
lot shall have at least 50% of its lot area without any improvements
except vegetation. Earthen flood detention basins as defined herein
shall not be considered as a building, structure or improvement for
purposes of computing this coverage.
12.
Maximum dwelling units per building. No building shall contain
more than 16 dwelling units. For purposes of administering this section,
where buildings containing dwelling units are connected by an accessory
structure which does not contain dwelling units, each building containing
dwelling units shall be considered a separate building.
13.
Minimum floor area per dwelling unit. Every building shall contain
a minimum habitable floor area per dwelling unit that complies with
the following schedule:
|
Number of Rooms*
|
Minimum Habitable Floor Area
(square feet)
|
|---|---|
|
1
|
600
|
|
2
|
750
|
|
3
|
900
|
|
4 or more
|
1,050
|
|
*
|
Exclusive of main living room, kitchen, dinette or dining room
where permitted, bathrooms and closets.
|
14.
Minimum number of bedrooms. Each dwelling unit shall contain
at least one bedroom.
15.
Maximum continuous wall length. The longest dimension of any
continuous exterior wall of any building shall not be greater than
50 feet. For the purpose of administering this provision, any exterior
wall that is offset for a depth of four feet or greater shall be construed
as a separate wall.
F.
Other regulations applicable to garden apartments and other multi-family
residences. In addition to the above bulk and lot regulations, the
following regulations shall apply to garden apartment and other multi-family
residence developments:
[Amended 5-11-1999 by Ord. No. 1734]
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 garden apartments
or other multi-family residences.
2.
Use of accessory buildings, basements and attics. No part of
any accessory building or structure shall be used for living purposes.
No portion of any building or structure below the first floor or above
the second floor shall be used for dwelling purposes, except that
one basement single-family dwelling unit may be provided for on the
lot and occupied by a janitor or superintendent employed upon the
premises.
3.
Screening. Any premises in the RA-3 zone that is used for garden
apartments or other multi-family residences shall be effectively screened
on any side which abuts any premises that is used exclusively as a
single-family detached or two-family dwelling. The required screening
shall meet the conditions imposed by the Planning Board for this purpose.
G.
Bulk and lot regulations for single family detached and two-family
dwellings. The following bulk and lot regulations shall apply to single-family
detached dwellings and two-family dwellings in the RA-3 zone district:
[Amended 9-29-2009 by Ord. No. 1946]
2.
Minimum lot width.
a.
Single-family detached dwellings. Each single-family detached
dwelling shall be located on a lot with a minimum width of 50 feet.
In addition, on lots containing a single-family detached dwelling,
the average width of the lot shall be such that there is a minimum
lot area of at least 6,000 square feet within 120 feet of the front
street sideline.
b.
Two-family dwellings. Each two-family dwelling shall be located
on a lot with a minimum width of 60 feet. In addition, on lots containing
a two-family dwelling, the average width of the lot shall be such
that there is a minimum lot area of at least 8,000 square feet within
134 feet of the front street sideline.
3.
Minimum lot frontage.
a.
Single-family detached dwellings. Each single-family detached
dwelling shall be located on a lot with a minimum frontage of 50 feet.
b.
Two-family dwellings. Each two-family dwelling shall be located
on a lot with a minimum frontage of 60 feet, except that lots which
front entirely on the outer curve of a curved street or which front
entirely on a cul-de-sac turnaround shall have a minimum lot frontage
of 50 feet.
4.
Minimum lot depth. There shall be a minimum lot depth of 120
feet for all lots.
5.
Front yard. The front yard shall conform to the established
front yard depth as set forth in § 12.03C, D and E. In the
event there is no established front yard depth, there shall be a minimum
front yard of 40 feet.
For corner lots, the required front yard shall be as established
above for interior lots. The required street side yard shall not be
less than 20 feet.
6.
Minimum side yard. Except as provided above for corner lots,
there shall be two side yards and no side yard shall be less than
10 feet.
7.
Minimum rear yard. There shall be a rear yard of at least 35
feet.
8.
Maximum building height. No principal building shall exceed
the maximum of 2 1/2 stories, exclusive of basement, but not
more than 35 feet in height.
9.
Maximum floor area ratio. The maximum floor area ratio shall
be as set forth in § 12.04E.
10.
Maximum coverage by buildings and above-grade structures. The
maximum coverage by buildings and above-grade structures shall be
as set forth in § 12.04F.
11.
Maximum coverage by improvements. The maximum coverage by improvements
shall be as set forth in § 12.04G.
12.
Maximum eave height. The maximum eave height shall be 22 feet.
13.
Maximum building mass at zoning side yard. The maximum continuous
length for building walls located adjacent to a side yard property
line shall not exceed the maximum continuous wall length at zoning
side yard as set forth in § 2.11G.
14.
Minimum garage space. Each dwelling shall have at a minimum
a one-car garage. In the case of an attached, front-facing garage
a minimum two-foot offset behind the main facade is required.
H.
Other regulations. In addition to the above requirements, any development
in the RA-3 zone district must comply with all applicable regulations
of this ordinance, including but not limited to the following:
A.
Principal uses and structures. Senior citizens housing for persons
of low and moderate incomes shall be permitted as a principal use
and structure in the RA-4 zone district. Said permitted housing is
limited to development under a limited dividend or non-profit housing
corporation sponsorship and financed under State and/or Federal housing
programs.
B.
Accessory uses and structures. The following accessory uses and structures
shall be permitted in the RA-4 zone:
3.
Antennas, as regulated in § 13.04; and
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 RA-4 district only if they comply with the appropriate regulations for such uses or structures in Article 18:
E.
Bulk and lot regulations. The following bulk and lot regulations
shall apply to all development within the RA-4 zone district:
1.
Minimum lot area. There shall be a minimum lot area of five
acres.
2.
Minimum front yard. For interior lots, there shall be a front
yard of not less than 75 feet. For corner lots, the required front
yard shall be as established above for interior lots, and the required
street side yard shall not be less than 38 feet.
3.
Minimum side yard and rear yard. Except as provided above for
corner lots, no building shall be closer to a side or rear property
line or zone district boundary line than 100 feet.
4.
Maximum density. There shall be a maximum density of 16 dwelling
units for each acre of lot area.
5.
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. Specifically excluded from this height
limitation is architectural ornamentation such as, but not limited
to, cupolas and balustrades; provided no such architectural ornamentation
shall exceed 10 feet in height above the building as measured without
such ornamentation.
No accessory building shall exceed one story in height.
6.
Maximum building coverage. No more than 25% of the area of any
lot shall be covered by above grade buildings and/or structures. Flood
detention basins, decks and patios as defined herein shall not be
considered as a building or structure for purposes of computing this
coverage.
7.
Maximum coverage by improvements. No more than 50% of the area
of any lot shall be covered by physical improvements, including but
not limited to buildings; above-grade structures; and at-grade structures
including, but not limited to, sidewalks, parking areas, patios, driveways,
swimming pools, etc. It is the intention of this provision that each
lot shall have at least 50% of its lot area without any improvements
except vegetation. Earthen flood detention basins as defined herein
shall not be considered as a building, structure or improvement for
purposes of computing this coverage.
8.
Minimum floor area per dwelling unit. Every housing for the
elderly building shall contain a minimum habitable floor area per
dwelling unit that complies with the following schedule:
|
Number of Rooms*
|
Minimum Habitable Floor Area
(square feet)
|
|---|---|
|
0 (efficiency)
|
400
|
|
1
|
550
|
|
2
|
700
|
|
*
|
Exclusive of main living room, kitchen, dinette or dining room
where permitted, bathrooms and closets.
|
F.
Affordable housing regulations.
1.
Affordability controls. Affordability controls relating to low-
and moderate-income housing shall be consistent with rules and regulations
established by the New Jersey Council on Affordable Housing. The administration
of such affordability controls, including occupancy selection, determination
of eligibility, establishment of rents and other related matters shall
be performed by an agent or agency appointed by the governing body
as otherwise provided by ordinance.
2.
Occupancy requirements. To the extent consistent with law and
regulations of the New Jersey Council on Affordable Housing, the New
Jersey Mortgage Finance Housing Agency and the Federal Housing and
Urban Development Agency, occupancy shall be for senior citizens as
therein defined who are residents of the Town of Westfield.
G.
Other regulations applicable to senior citizens housing.
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 senior citizens
housing.
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 RA-4 zone 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. The required screening shall meet the conditions
imposed by the Planning Board for this purpose.
H.
Other regulations. In addition to the above requirements, any development
in the RA-4 zone district must comply with all applicable regulations
of this ordinance, including but not limited to the following:
[Amended 5-7-2013 by Ord.
No. 2000]
A.
Principal uses and structures. The following principal uses and structures
shall be permitted in the RA-5A zone district:
B.
Accessory uses and structures. The following accessory uses and structures
shall be permitted in the RA-5A zone district:
C.
Conditional uses and structures. Residential-type public utility facilities shall be permitted in the RA-5A zone district only if they comply with the appropriate regulations for such uses or structures in Article 18.
E.
Bulk and lot regulations. Development of the property within this
district shall be similar to that reflected on the attached Exhibit
A, Concept Plan Drawing, including building footprint, building orientation,
and building locations, subject to de minimis adjustments in order
to accommodate design improvements and engineering constraints; and,
generally similar in architectural style to that reflected in the
attached Exhibit B, Artist’s Conceptual Rendering.[1] The following bulk and lot regulations shall apply to
all developments within the RA-5A Zone district:
[Amended 3-13-2018 by Ord. No. 2101; 7-10-2018 by Ord. No. 2108; 6-15-2021 by G.O. No. 2217]
1.
Minimum tract area. There shall be a minimum tract area of five
acres.
2.
Minimum front yard.
a.
Principal structures: 50 feet. However, balconies may encroach
up to four feet into this required minimum setback provided that they
shall be open and without enclosures on all sides (except on the side
abutting the building wall) and except for any railing or wall required
per applicable construction codes; roofs shall be permitted on balconies.
b.
Accessory structures including swimming pools and clubhouses:
115 feet with all improvements located a minimum of 50 feet from any
existing residential principal structures on contiguous properties.
3.
Minimum side yard and rear yard.
a.
Principal structures: 25 feet. However, balconies may encroach
up to four feet into this required minimum setback provided that they
shall be open and without enclosures on all sides (except on the side
abutting the building wall) and except for any railing or wall required
per applicable construction codes; roofs shall be permitted on balconies.
b.
Stand-alone accessory structures including swimming pools and
clubhouses: 20 feet with all improvements located a minimum of 50
feet from any existing residential principal structures on contiguous
properties.
4.
Maximum density. The maximum density shall be 24.6 dwelling
units per acre, which equates to an allowable 162 dwelling units on
the 6.61 acre site.
5.
Maximum building height. No principal building shall exceed
a maximum of 4 stories but not more than 47 feet in height. An architectural
feature designed to give the appearance of a pitched style roof may
exceed the permitted height by eight feet, when used to screen flat
roofs and/or mechanical equipment. No accessory building shall exceed
the maximum of 1.5 stories or 25 feet in height.
6.
Minimum distance between buildings.
a.
Sixty feet between building walls. However, balconies may encroach
up to six feet into this required minimum distance provided that they
shall be open and without enclosures on all sides (except on the side
abutting the building wall) and except for any railing or wall required
per applicable construction codes; roofs shall be permitted on balconies.
7.
Maximum coverage by buildings and above-grade structures. No
more than 37.5% of the area of any lot shall be covered by buildings
and above-grade structures. Earthen flood detention basins as defined
herein shall not be considered as a building or structure for purposes
of computing this coverage.
8.
Maximum coverage by improvements. No more than 65% of the area
of any lot shall be covered by physical improvements, including but
not limited to, buildings, above-grade structures, and at-grade structures
including, but not limited to, sidewalks, parking areas, patios, driveways,
swimming pools, etc. It is the intention of this provision that each
lot shall have at least 35% of its lot area without any improvements
except vegetation. Earthen flood detention basins as defined herein
shall not be considered as a building, structure or improvement for
purposes of computing this coverage.
9.
Maximum dwelling units per building. No townhouse building shall
contain more than six dwelling units. No multifamily residential building
shall contain more than 66 dwelling units.
10.
Maximum continuous wall length. The longest dimension of any
continuous exterior wall of any building shall not be greater than
60 feet. For the purpose of administering this provision, any exterior
wall that is offset for a depth of two feet or greater shall be construed
as a separate wall.
11.
Miscellaneous requirements for accessory structures. Accessory
structures including swimming pools and clubhouses:
[1]
Editor's Note: Said exhibits are on file in the Town offices.
F.
Affordable housing regulations. The following regulations shall apply
to all developments which provide for affordable housing within the
RA-5A zone district:
1.
Total number of affordable units. Any development for multifamily
residences or single-family attached residences shall be required
to include at least 32 of the units to be sold or rented at rates
affordable to low-, very low- and moderate-income limits. All 32 affordable
units shall be constructed on site. The developer shall also be required
to make a payment in lieu of providing a 33rd affordable housing unit
in the amount of $60,000 which shall be paid into the Town’s
Affordable Housing Trust Fund. The developer shall pay half of the
payment ($30,000) as a condition precedent to the issuance of the
first construction permit for the project and the remaining payment
($30,000) as a condition precedent to the issuance of the first certificate
of occupancy.
[Amended 7-10-2018 by Ord. No. 2108; 6-15-2021 by G.O. No. 2217]
2.
All other provisions governing the development of affordable housing in this zone district shall be in accordance with the provisions of the Town of Westfield Affordable Housing Regulations contained in Article 23 of the Land Use Ordinance.
3.
Compliance with site plan and subdivision standards. Compliance
with Article 10, Design Guidelines, Standards and Construction Specifications,
shall be required for all affordable housing developments, except
where deviations from such provisions are determined by the Planning
Board to be necessary to provide affordable housing as permitted herein.
In considering deviations, the Planning Board shall be guided by the
rules and regulations of the Council on Affordable Housing at N.J.A.C.
5:93-10.
G.
Other regulations. The following other regulations shall apply to
all development within the RA-5A zone district:
1.
Townhouse facade variation. In order to avoid excessive visual
monotony, the front and rear facade of each townhouse dwelling unit
shall be substantially different in appearance from the facade of
adjacent dwelling units. The facade variation as required herein shall
be accomplished by the use of different materials, textures or colors,
or any combination thereof; provided that the facade designs shall
avoid excessive variety or contrast. The use of materials, textures
and colors shall be harmonious and compatible throughout the entire
development.
2.
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 multi-family residences
or single-family attached residences.
3.
Use of accessory buildings. No part of any stand-alone accessory
building or structure shall be used for living purposes.
[Amended 6-15-2021 by G.O. No. 2217]
4.
Screening. Any premises in the RA-5A zone that is used for multi-family
residences or single-family attached residences shall be effectively
screened on any side which abuts any premises that is used exclusively
as a single-family detached or two-family dwelling. The required screening
shall meet the conditions imposed by the Planning Board for this purpose.
5.
Affordability regulations. All inclusionary developments in the RA-5A zone district shall comply with all applicable affordable housing regulations of Article 23 of the Land Use Ordinance, and all affordable housing constructed in the RA-5A zone district shall be constructed, marketed, sold and/or rented in accordance with the New Jersey Uniform Housing Affordability Controls (UHAC) set forth in N.J.A.C. 5:80-26.1 et seq. and N.J.A.C. 5:97-1 et seq.
6.
General provisions, parking and loading. In addition to the above requirements, all developments in the RA-5A zone district shall comply with all other applicable provisions of the Land Use Ordinance, including but not limited to, the general provisions of Article 12, and the off-street parking provisions of Article 17.
7.
Pre-existing uses. The use(s) existing on the property, at the
time of adoption of this ordinance, are permitted to continue. The
uses are permitted to be demolished, rebuilt and modified in accordance
with the prior zoning standards that were in effect at the time of
this rezoning. No change of use shall otherwise occur except in strict
conformance with this ordinance.
H.
Effective date. The within new Article 11.18 of the Land Use Ordinance
shall not become effective until: (1) proper passage and publication
in accordance with law; (2) entry by the Superior Court of New Jersey
of a Final Judgment of Compliance and Repose in litigation entitled
Sunnyside Senior Housing of Westfield, LLC v. Town of Westfield, et
al., Docket No. UNN-L-135-09, and (3) the expiration of the forty-five-day
appeal period without an appeal of the Judgment of Compliance and
Repose having been filed.
[Amended 5-7-2013 by Ord.
No. 2000]
A.
Principal uses and structures. The following principal uses and structures
shall be permitted in the RA-5B zone district:
B.
Accessory uses and structures. The following accessory uses and structures
shall be permitted in the RA-5B zone:
C.
Conditional uses and structures. Residential-type public utility facilities shall be permitted in the RA-5B district only if they comply with the appropriate regulations for such uses or structures in Article 18.
E.
Bulk and lot regulations. The following bulk and lot regulations
shall apply to all developments within the RA-5B zone district:
1.
Minimum tract area. There shall be a minimum tract area of two
acres, except for community residences as identified in N.J.S.A. 40:55D-66.1
where there shall be a minimum tract area of 1/2 acre.
[Amended 11-6-2018 by Ord. No. 2114]
2.
Minimum front yard. For interior lots, there shall be a front
yard of not less than 40 feet. For corner lots, the required front
yard shall not be less than 40 feet, and the required street side
yard shall not be less than 40 feet. Except that for community residences
as identified in N.J.S.A. 40:55D-66.1 for corner lots the required
front yard shall not be less than 24 feet, and the required street
side yard shall not be less than 36 feet.
[Amended 11-6-2018 by Ord. No. 2114]
3.
Minimum side yard and rear yard. Except as provided above for
corner lots, no building containing dwelling units shall be closer
to any side or rear property line than 30 feet. Notwithstanding this
requirement, when the side yard in the RA-5B zone abuts the side yard
of any residential zone, the minimum side yard in the RA-5B zone shall
be equal to one foot for every foot of height of the building in the
RA-5B zone, but not less than 30 feet.
4.
Maximum density. There shall be a maximum density of eight dwelling
units for each acre of lot or tract area.
5.
Maximum building height. No principal building shall exceed
the maximum of two habitable floors, exclusive of basement, but not
more than 35 feet in height. No accessory building shall exceed one
story in height.
6.
Minimum distance between buildings. Between buildings containing
dwelling units, the following minimum distances shall apply:
a.
Buildings facing front-to-front, a minimum setback of 60 feet
separated by an open court and said court shall not contain any accessory
building;
b.
Buildings facing rear-to-rear, a minimum setback of 60 feet;
c.
Buildings facing front-to-side, a minimum setback of 40 feet;
and
d.
No rear of one building shall face the front of another building.
7.
Maximum coverage by buildings and above-grade structures. No
more than 25% of the area of any lot shall be covered by buildings
and above-grade structures; provided, however, that such coverage
may be increased to 27% when at least 2% of such coverage of the lot
is by a deck or decks. Earthen flood detention basins as defined herein
shall not be considered as a building or structure for purposes of
computing this coverage.
8.
Maximum coverage by improvements. No more than 50% of the area
of any lot shall be covered by physical improvements, including but
not limited to buildings; above-grade structures; and at-grade structures
including, but not limited to, sidewalks, parking areas, patios, driveways,
swimming pools, etc. It is the intention of this provision that each
lot shall have at least 50% of its lot area without any improvements
except vegetation. Earthen flood detention basins as defined herein
shall not be considered as a building, structure or improvement for
purposes of computing this coverage.
9.
Maximum dwelling units per building. No townhouse building shall
contain more than six dwelling units. No multi-family residential
building shall contain more than 10 dwelling units. For purposes of
administering this section, where buildings containing dwelling units
are connected by an accessory structure which does not contain dwelling
units, each building containing dwelling units shall be considered
a separate building.
10.
Maximum continuous wall length. The longest dimension of any
continuous exterior wall of any building shall not be greater than
50 feet. For the purpose of administering this provision, any exterior
wall that is offset for a depth of four feet or greater, or in the
case of a community residence as identified in N.J.S.A. 40:55D-66.1
a depth of two feet or greater, shall be construed as a separate wall.
[Amended 11-6-2018 by Ord. No. 2114]
F.
Affordable housing regulations. The following regulations shall apply
to all developments which provide for affordable housing within the
RA-5B zone district:
1.
Total number of affordable units. Any development for multi-family
residences or single-family attached residences shall be required
to make at least 20% of the units to be sold or rented at rates affordable
to low-, very low- and moderate-income limits, with any fractional
unit to be rounded upward. All affordable units shall be constructed
on site.
2.
All other provisions governing the development of affordable housing in this zone district shall be in accordance with the provisions of the Town of Westfield Affordable Housing Regulations contained in Article 23 of the Land Use Ordinance.
3.
Compliance with site plan and subdivision standards. Compliance
with Article 10, Design Guidelines, Standards and Construction Specifications,
shall be required for all affordable housing developments, except
where deviations from such provisions are determined by the Planning
Board to be necessary to provide affordable housing as permitted herein.
In considering deviations, the Planning Board shall be guided by the
rules and regulations of the Council on Affordable Housing at N.J.A.C.
5:93-10.
G.
Other regulations. The following other regulations shall apply to
all development within the RA-5B zone district.
1.
Townhouse facade variation. In order to avoid excessive visual
monotony, the front and rear facade of each townhouse dwelling unit
shall be substantially different in appearance from the facade of
adjacent dwelling units. The facade variation as required herein shall
be accomplished by the use of different materials, textures or colors,
or any combination thereof; provided that the facade designs shall
avoid excessive variety or contrast. The use of materials, textures
and colors shall be harmonious and compatible throughout the entire
development.
2.
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 multi-family residences
or single-family attached residences.
3.
Use of accessory buildings. No part of any accessory building
or structure shall be used for living purposes.
4.
Screening. Any premises in the RA-5B zone that is used for multi-family
residences or single-family attached residences shall be effectively
screened on any side which abuts any premises that is used exclusively
as a single-family detached or two-family dwelling. The required screening
shall meet the conditions imposed by the Planning Board to for this
purpose.
5.
Affordability regulations. All inclusionary developments in the RA-5A zone district shall comply with all applicable affordable housing regulations of Article 23 of the Land Use Ordinance and all affordable housing constructed in the RA-5A zone district shall be constructed, marketed, sold and/or rented in accordance with the New Jersey Uniform Housing Affordability Controls (UHAC) set forth in N.J.A.C. 5:80-26.1 et seq. and N.J.A.C. 5:97-1 et seq.
6.
General provisions, parking and loading. In addition to the above requirements, all developments in the RA-5A zone district shall comply with all other applicable provisions of the Land Use Ordinance, including but not limited to the general provisions of Article 12, and the off-street parking provisions of Article 17.
7.
Miscellaneous requirements for decks for community residences as identified in N.J.S.A. 40:55D-66.1. Decks for community residences shall follow the provisions in Article 13, except that they shall also be permitted in side yards provided that they shall be set back at least 20 feet to any side lot line and they shall also be permitted within a front yard provided that they shall be set back at least 60 feet from a front lot line.
[Amended 11-6-2018 by Ord. No. 2114]
H.
Effective date. The within new Article 11.18 of the Land Use Ordinance
shall not become effective until: (1) proper passage and publication
in accordance with law; (2) entry by the Superior Court of New Jersey
of a Final Judgment of Compliance and Repose in litigation entitled
Sunnyside Senior Housing of Westfield, LLC v. Town of Westfield, et
al., Docket No. UNN-L-135-09, and (3) the expiration of the forty-five-day
appeal period without an appeal of the Judgment of Compliance and
Repose having been filed.
A.
Principal uses and structures. The P-1 zone district is designed
for professional offices in which the principal use is a licensed
practitioner(s) of certain professions, and in which the use and appearance
of the properties are compatible with residential use on adjacent
properties or in adjacent zones. The following principal uses and
structures shall be permitted in the P-1 zone district:
[Amended 9-29-2009 by Ord. No. 1946]
1.
Professional offices of licensed practitioner(s) on the first
and/or second floors, limited to the following uses:
a.
Offices of medical doctors and licensed clinical psychologists
treating the ailments of humans, excluding therefrom clinics or outpatient
dispensaries whose principal function is the providing of nursing
or convalescent care or the furnishing of narcotic, drug or alcohol
abuse treatment; dentists, acupuncturists, chiropractors, and physical
therapists;
b.
Lawyers;
c.
Professional engineers, licensed land surveyors, licensed professional
planners and other design consultants;
d.
Architects and certified landscape architects; management and
public relations services; advertising services; and
e.
Accountants; insurance agents, brokers and services; title agencies;
business, professional, labor, civic, social and political associations
and other membership associations.
2.
Child care centers on first and/or second floors;
3.
Single-family residential uses in detached single-family structures;
and
4.
Single-family residential uses on the second and/or third floor
in the same structure as a permitted professional office use.
B.
Accessory uses and structures. The following accessory uses and structures
shall be permitted in the P-1 zone district:
1.
Parking and parking facilities as regulated in Article 17, including garages for professional office use when used exclusively for parking of motor vehicles;
4.
Antennas, as regulated in § 13.04; and
5.
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.
C.
Conditional uses and structures. The following conditional uses and structures shall be permitted in the P-1 District only if they comply with the appropriate regulations for such uses or structures in Article 18:
[Amended 8-11-2020 by G.O. No. 2177]
D.
Prohibited uses and structures. Any use or structure other than those uses or structures permitted in Subsection A, B or C above are prohibited. In addition, and notwithstanding the above permitted uses, professional offices intended to operate or function with an employee or professional present outside of normal business hours on a regular basis are prohibited. For purposes of this subsection, normal business hours shall be construed to be 8:00 a.m. to 10:00 p.m. daily, excluding Sundays. Non-residential use on the third floor is also prohibited.
E.
Bulk and lot regulations. The following bulk and lot regulations
shall apply to all development within the P-1 zone district, unless
more stringent requirements are provided by this ordinance:
1.
Minimum lot area. Every lot shall contain a minimum lot area
of 12,000 square feet.
2.
Minimum lot width. Every lot shall have a minimum lot width
of 100 feet. In addition, the average lot width shall be such that
the minimum lot area of 12,000 square feet shall be provided within
120 feet of the front street sideline.
3.
Minimum lot frontage. There shall be a minimum lot frontage
of 100 feet for all lots.
4.
Minimum lot depth. Every lot shall have a minimum lot depth
of 150 feet.
5.
Front yard. The front yard shall conform to the established
front yard depth as set forth in § 12.03C, D and E. In the
event there is no established front yard depth, there shall be a front
yard of 40 feet.
For corner lots, the front yard shall be as required above for
interior lots. The street side yard shall not be less than 20 feet.
6.
Minimum side yard. Except as provided above for corner lots,
there shall be two side yards and no side yard shall be less than
12 feet. Notwithstanding the above requirement, when the side yard
in the P-1 zone district abuts a property in any residential zone,
said side yard shall be not less than one foot for every foot of height
of the building located in the P-1 zone district, but not less than
12 feet.
7.
Minimum rear yard. There shall be a rear yard of at least 50
feet.
8.
Maximum building height. No principal building shall exceed
the maximum of three habitable floors, exclusive of basement, but
not more than 38 feet in height.
9.
Maximum floor area ratio. The maximum floor area ratio shall
be as set forth in § 12.04E; provided, however, that the
habitable floor area devoted to professional office use shall not
exceed 2/3 of the floor area permitted in § 12.04E for residential
use.
10.
Maximum coverage by buildings and above-grade structures. The
maximum coverage by buildings and above-grade structures shall be
as set forth in § 12.04F.
11.
Maximum coverage by improvements. The maximum coverage by improvements
shall be as set forth in § 12.04G.
12.
Front yard landscaping. Within the front yard area, there shall
be no buildings or paving permitted except for driveways, sidewalks
and access facilities for persons with disabilities, all of which
must be necessary to provide access to buildings and access to parking
and delivery areas. All areas in the front yard not used for access
shall be landscaped.
F.
Residential appearance regulations. All buildings, including new,
converted or existing structures shall be residential in exterior
appearance. For the purpose of administering this subsection, "residential
in exterior appearance" shall mean a building which complies with
all of the following requirements:
1.
No building elevation along an abutting street shall have an
overall dimension that is greater than 76 feet.
2.
No building shall have a roof pitch that is less than 33.33%.
3.
Not more than one window in each building elevation shall be
wider than four feet.
4.
Exterior building materials shall be limited to wood, metal
or vinyl clapboard; wood shingle, stone, brick or stucco. This limitation
shall not apply to roofs, windows or doors.
5.
Every building elevation that fronts on an abutting street shall
have at least one offset of not less than 18 inches between wall planes
facing on said street.
6.
No building shall contain more than one exterior doorway for
each building elevation, except where needed to provide access for
persons with disabilities.
7.
The habitable floor area of the second floor shall not exceed
the habitable floor area of the first floor by more than 10%.
G.
Screening of residential properties. Any premises in the P-1 zone
district that is used for a permitted professional office as herein
regulated shall be effectively screened on any side which abuts any
premises in the P-1 zone district that is used exclusively as a residence,
or on any side which abuts any premises in a residential zone district.
Said screening shall meet the conditions of the Planning Board or
Zoning Board of Adjustment to carry out this objective.
H.
Mixed residential and non-residential use. The following regulations
shall apply to single-family residential uses on the second and/or
third floor in the same structure as a permitted professional office
use, in addition to all other applicable regulations of this chapter:
I.
Other regulations. In addition to the above requirements, any development
in the P-1 zone district must comply with all applicable regulations
of this ordinance, including but not limited to the following:
A.
Principal uses and structures. The P-2 zone district is designed
for professional offices in which the principal use is a licensed
practitioner(s) of certain professions, and in which the use and appearance
of the properties are compatible with residential use on adjacent
properties or in adjacent zones. The following principal uses and
structures shall be permitted in the P-2 zone district:
[Amended 9-29-2009 by Ord. No. 1946]
1.
Professional offices of licensed practitioner(s) on the first
and/or second floors, limited to the following uses:
a.
Offices of medical doctors and licensed clinical psychologists
treating the ailments of humans, excluding therefrom clinics or outpatient
dispensaries whose principal function is the providing of nursing
or convalescent care or the furnishing of narcotic, drug or alcohol
abuse treatment; dentists, acupuncturists, chiropractors, and physical
therapists;
b.
Lawyers;
c.
Professional engineers, licensed land surveyors, licensed professional
planners and other design consultants;
d.
Architects and certified landscape architects; management and
public relations services; advertising services; and
e.
Accountants; insurance agents, brokers and services; title agencies;
business, professional, labor, civic, social and political associations
and other membership associations.
2.
Child care centers on first and second floors;
3.
Single-family residential uses in detached single-family structures;
4.
Two-family residential uses in a single-residential structure
designed for two separate dwelling units on the same lot; and
5.
Single-family residential uses on the second and/or third floor
in the same structure as a permitted professional office use.
B.
Accessory uses and structures. The following accessory uses and structures
shall be permitted in the P-2 zone district:
1.
Parking and parking facilities as regulated in Article 17, including garages for professional office use when used exclusively for parking of motor vehicles;
4.
Antennas, as regulated in § 13.04; and
5.
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.
C.
Conditional uses and structures. The following conditional uses and structures shall be permitted in the P-2 District only if they comply with the appropriate regulations for such uses or structures in Article 18:
[Amended 8-11-2020 by G.O. No. 2177]
D.
Prohibited uses and structures. Any use or structure other than those uses or structures permitted in Subsection A, B or C above are prohibited. In addition, and notwithstanding the above permitted uses, professional offices intended to operate or function with an employee or professional present outside of normal business hours on a regular basis are prohibited. For purposes of this subsection, normal business hours shall be construed to be 8:00 a.m. to 10:00 p.m. daily, excluding Sundays. Non-residential use on the third floor is also prohibited.
E.
Bulk and lot regulations. The following bulk and lot regulations
shall apply to all development within the P-2 zone district, unless
more stringent requirements are provided by this ordinance:
1.
Minimum lot area. Every lot shall contain a minimum lot area
of 12,000 square feet.
2.
Minimum lot width. Every lot shall have a minimum lot width
of 100 feet. In addition, the average lot width shall be such that
the minimum lot area of 12,000 square feet shall be provided within
120 feet of the front street sideline.
3.
Minimum lot frontage. There shall be a minimum lot frontage
of 100 feet for all lots.
4.
Minimum lot depth. Every lot shall have a minimum lot depth
of 150 feet.
5.
Front yard. The front yard shall conform to the established
front yard depth as set forth in § 12.03C, D and E. In the
event there is no established front yard depth, there shall be a front
yard of 40 feet.
For corner lots, the front yard shall be as required above for
interior lots. The street side yard shall not be less than 20 feet.
6.
Minimum side yard. Except as provided above for corner lots,
there shall be two side yards and no side yard shall be less than
12 feet. Notwithstanding the above requirement, when the side yard
in the P-2 zone district abuts a property in any residential zone,
said side yard shall be not less than one foot for every foot of height
of the building located in the P-2 zone district, but not less than
12 feet.
7.
Minimum rear yard. There shall be a rear yard of at least 50
feet.
8.
Maximum building height. No principal building shall exceed
the maximum of three habitable floors, exclusive of basement, but
not more than 38 feet in height.
9.
Maximum floor area ratio. The maximum floor area ratio shall
be as set forth in § 12.04E; provided, however, that the
habitable floor area devoted to professional office use shall not
exceed 5/6 of the floor area permitted in § 12.04E for residential
use.
10.
Maximum coverage by buildings and above-grade structures. The
maximum coverage by buildings and above-grade structures shall be
as set forth in § 12.04F.
11.
Maximum coverage by improvements. The maximum coverage by improvements
shall be as set forth in § 12.04G.
12.
Front yard landscaping. Within the front yard area, there shall
be no buildings or paving permitted except for driveways, sidewalks
and access facilities for persons with disabilities, all of which
must be necessary to provide access to buildings and access to parking
and delivery areas. All areas in the front yard not used for access
shall be landscaped.
F.
Residential appearance regulations. All buildings, including new,
converted or existing structures shall be residential in exterior
appearance. For the purpose of administering this subsection, "residential
in exterior appearance" shall mean a building which complies with
all of the following requirements:
1.
No building elevation along an abutting street shall have an
overall dimension that is greater than 76 feet.
2.
No building shall have a roof pitch that is less than 33.33%.
3.
Not more than one window in each building elevation shall be
wider than four feet.
4.
Exterior building materials shall be limited to wood, metal
or vinyl clapboard; wood shingle, stone, brick or stucco. This limitation
shall not apply to roofs, windows or doors.
5.
Every building elevation that fronts on an abutting street shall
have at least one offset of not less than 18 inches between wall planes
facing on said street.
6.
No building shall contain more than one exterior doorway for
each building elevation, except where needed to provide access for
persons with disabilities.
7.
The habitable floor area of the second floor shall not exceed
the habitable floor area of the first floor by more than 10%.
G.
Screening of residential properties. Any premises in the P-2 zone
district that is used for a permitted professional office as herein
regulated shall be effectively screened on any side which abuts any
premises in the P-2 zone district that is used exclusively as a residence,
or on any side which abuts any premises in a residential zone district.
Said screening shall meet the conditions of the Planning Board or
Zoning Board of Adjustment to carry out this objective.
H.
Mixed residential and non-residential use. The following regulations
shall apply to single-family residential uses on the second and/or
third floor in the same structure as a permitted professional office
use, in addition to all other applicable regulations of this ordinance:
I.
Other regulations. In addition to the above requirements, any development
in the P-2 zone district must comply with all applicable regulations
of this ordinance, including but not limited to the following:
A.
Principal uses and structures. The O-1 zone district is designed
for business, administrative and professional offices as permitted
herein. The following principal uses and structures shall be permitted
in the O-1 zone district:
[Amended 9-29-2009 by Ord. No. 1946]
B.
Accessory uses and structures. The following accessory uses and structures
shall be permitted in the O-1 zone district:
1.
Parking and parking facilities as regulated in Article 17, including garages for office use when used exclusively for parking of motor vehicles;
2.
Antennas, as regulated in § 13.04;
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.
C.
Conditional uses and structures. The following conditional uses and structures shall be permitted in the O-1 district only if they comply with the appropriate regulations for such uses or structures in Article 18:
D.
Prohibited uses and structures. Any use or structure other than those uses or structures permitted in Subsection A, B or C above are prohibited. In addition, and notwithstanding the above permitted uses, offices intended to operate or function with an employee or professional present outside of normal business hours on a regular basis are prohibited. For purposes of this subsection, normal business hours shall be construed to be 8:00 a.m. to 10:00 p.m. daily, excluding Sundays.
E.
Bulk and lot regulations. The following bulk and lot regulations
shall apply to all uses permitted within the O-1 zone district, unless
more stringent requirements are provided by this ordinance:
1.
Minimum lot area. Every lot shall contain a minimum lot area
of 12,000 square feet.
2.
Minimum lot width. Every lot shall have a minimum lot width
of 100 feet. In addition, the average lot width shall be such that
the minimum lot area of 12,000 square feet shall be provided within
120 feet of the front street sideline.
3.
Minimum lot frontage. There shall be a minimum lot frontage
of 100 feet for all lots.
4.
Minimum lot depth. Every lot shall have a minimum lot depth
of 150 feet.
5.
Front yard. The front yard shall conform to the established
front yard depth as set forth in § 12.03C, D and E. In the
event there is no established front yard depth, there shall be a front
yard of 40 feet.
For corner lots, the front yard shall be as required above for
interior lots. The street side yard shall not be less than 20 feet.
6.
Minimum side yard. Except as provided above for corner lots,
there shall be two side yards and no side yard shall be less than
12 feet. Notwithstanding the above requirement, when the side yard
in the O-1 zone district abuts a property in any residential zone,
said side yard shall be not less than one foot for every foot of height
of the building located in the O-1 zone district, but not less than
12 feet.
7.
Minimum rear yard. There shall be a rear yard of at least 50
feet.
8.
Maximum building height. No principal building shall exceed
the maximum of two habitable floors, exclusive of basement, but not
more than 30 feet in height.
9.
Maximum coverage by buildings and above-grade structures. No
more than 25% of the area of any lot shall be covered by buildings
and above-grade structures. Earthen flood detention basins as defined
herein shall not be considered as a building or structure for purposes
of computing this coverage.
10.
Maximum coverage by improvements. No more than 50% of the area
of any lot shall be covered by physical improvements, including but
not limited to buildings; above-grade structures; and at-grade structures
including, but not limited to, sidewalks, parking areas, patios, driveways,
swimming pools, etc. It is the intention of this provision that each
lot shall have at least 50% of its lot area without any improvements
except vegetation. Earthen flood detention basins as defined herein
shall not be considered as a building, structure or improvement for
purposes of computing this coverage.
F.
Screening of residential properties. Any premises in the O-1 zone
district that is used for a permitted office as herein regulated shall
be effectively screened on any side which abuts any premises in a
residential zone district. Said screening shall meet the conditions
of the Planning Board or the Zoning Board of Adjustment to carry out
this objective.
G.
Mixed residential and non-residential use. The following regulations
shall apply to single-family residential uses on the second or third
floor in the same structure as a professional office use, in addition
to all other applicable regulations of this ordinance:
H.
Other regulations. In addition to the above requirements, any development
in the O-1 zone district must comply with all applicable regulations
of this ordinance, including but not limited to the following:
B.
Accessory uses and structures. The following accessory uses and structures
shall be permitted in the O-2 zone district:
C.
Conditional uses and structures. The following conditional uses and structures shall be permitted in the O-2 district only if they comply with the appropriate regulations for such uses or structures in Article 18:
E.
Bulk and lot regulations. The following bulk and lot regulations
shall apply to all uses permitted within the O-2 zone district, unless
more stringent requirements are provided by this ordinance:
1.
Minimum lot area. Each lot shall have a minimum area of 80,000
square feet.
2.
Minimum lot width. Each lot shall have a minimum width of 200
feet.
3.
Minimum front yard. For interior lots, there shall be a front
yard of not less than 75 feet. For corner lots, the front yard shall
be as required for interior lots, and the street side yard shall not
be less than 50 feet.
4.
Minimum side yard. Except as provided above for corner lots,
there shall be two side yards and no side yard shall be less than
35 feet.
5.
Minimum rear yard. There shall be a rear yard of at least 50
feet.
6.
Maximum building height. No principal building shall exceed
the maximum of three habitable floors, exclusive of basement, but
not to exceed 40 feet in height, whichever is less.
7.
Maximum floor area ratio. The total habitable floor area within
all buildings or structures on any lot shall not be more than 45%
of the total lot area.
8.
Maximum coverage by buildings and above-grade structures. No
more than 35% of the area of any lot shall be covered by buildings
and above-grade structures. Earthen flood detention basins as defined
herein shall not be considered as a building or structure for purposes
of computing this coverage.
9.
Maximum coverage by improvements. No more than 80% of the area
of any lot shall be covered by physical improvements, including but
not limited to buildings; above-grade structures; and at-grade structures
including, but not limited to, sidewalks, parking areas, patios, driveways,
storage areas, etc. It is the intention of this provision that each
lot shall have at least 20% of its lot area without any improvements
except vegetation. Earthen flood detention basins as defined herein
shall not be considered as a building, structure or improvement for
purposes of computing this coverage.
F.
Other regulations. In addition to the above requirements, any development
in the O-2 zone district must comply with all applicable regulations
of this ordinance, including but not limited to the following:
[Repealed 9-29-2009 by Ord. No. 1946]
A.
Principal uses and structures. The CBD zone district is intended
to encourage retail sales, retail services, personal services, offices,
and residential uses in appropriate locations as set forth within
this section, all within a mixed-use environment which encourages
street activity throughout the day and evening hours. The following
principal uses and structures shall be permitted in the CBD zone district:
[Amended 6-6-2017 by Ord.
No. 2082]
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 take-out of food;
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.
On any floor of a building located in property with a frontage
on North Avenue or South Avenue, and only on the second or third floors
of a building on other property within the CBD zone district, business,
administrative and professional offices or other business establishments
providing the following services:
4.
Retail services;
5.
Child care centers;
6.
Governmental buildings and municipal parking facilities;
7.
Public parks and playgrounds;
8.
Residential dwelling units except for within a basement or on
the first floor;
[Amended 8-15-2023 by G.O. No. 2023-27]
9.
A shared use of a single tenant space by multiple non-residential
uses which are permitted principal uses as included in this section;
and
10.
The temporary use of existing floor area by a permitted principal use or uses as listed in this section, for a period of not more than 60 days tolled continuously from the first date of operation, shall not be subject to parking requirements for the duration of the use. Such temporary use shall be allowed once per calendar year for each tenant space. Temporary uses must comply with all sign provisions of Article 16.
11.
Pet care facilities.
[Added 9-8-2020 by G.O. No. 2187]
12.
Artisan manufacturing.
[Added 10-13-2020 by G.O. No. 2193]
B.
Accessory uses and structures. The following accessory uses and structures
shall be permitted in the CBD zone district:
[Amended 8-3-2004 by Ord.
No. 1838]
C.
Conditional uses and structures. The following conditional uses and structures shall be permitted in the CBD district only if they comply with the appropriate regulations for such uses or structures in Article 18:
[Amended 12-14-2004 by Ord. No. 1843]
1.
Non-profit chartered membership organizations;
2.
Residential-type public utility facilities;
4.
Age-restricted multi-family housing on the ground floor of a
building.
5.
Microbreweries and craft distilleries, and
[Added 9-25-2018 by Ord.
No. 2111]
6.
Commercial use of rooftops.
[Added 11-6-2018 by Ord.
No. 2115]
D.
Prohibited uses and structures. Any use or structure other than those uses or structures permitted in Subsection A, B or C above are prohibited. In addition, and notwithstanding the above permitted uses, the following uses shall be specifically prohibited:
1.
Any business conducted outside the confines of a building, except for the commercial use of rooftops, except for the use of ground level patios as places for eating and drinking, except for sidewalk cafes permitted and regulated by § 24-46 through 24-57 of the Town Code, and except those temporary activities permitted by special permission from the Town Council;
[Amended 8-3-2004 by Ord.
No. 1838; 11-6-2018 by Ord. No. 2115]
2.
Gasoline filling stations, gasoline service stations, public
garages, automobile body repair or painting shops;
3.
Lumber or building material yards;
4.
Sale, rental or repair of automobiles, motorcycles, boats, trailers,
lawn mowers, small gasoline or other liquid fuel engines;
5.
Dry cleaning establishments where the dry cleaning is done on
the premises;
6.
Warehouses or businesses which do not sell directly to the general
public;
7.
Public or private schools;
8.
Drive-in or drive-through restaurants;
[Amended 6-6-2017 by Ord.
No. 2082; 11-6-2018 by Ord. No. 2115]
9.
Funeral services, undertakers, crematories and morticians;
10.
Residential use of any kind other than those uses as permitted in Subsections A and C above. Existing nonconforming residential buildings or structures shall not be extended or enlarged for use relating to a business, unless the first floor is used entirely for business use;
[Amended 12-14-2004 by Ord. No. 1843]
11.
All above-ground and underground bulk storage of liquefied petroleum
gases, gasoline, diesel fuel, kerosene, No. 2 fuel, fuel oil, chemicals
or similar hazardous, flammable or combustible liquids in any amount,
except as permitted otherwise by § 13.05. Aboveground or
basement storage of up to 530 gallons of kerosene or No. 2 heating
fuel in approved storage tanks and used exclusively for heating purposes
on the premises is exempted from the above prohibition;
12.
Any building, structure or use which would create an undue hazard
of fire, explosion or nuisance by reason of odor, noise, dust or smoke,
or which in any way would be detrimental to the health, public morals
and public safety of the community; and
13.
Private commercial parking lots as a principal use.
E.
Bulk and lot regulations. The following bulk and lot regulations
shall apply to all uses permitted within the CBD zone district, unless
more stringent requirements are provided by this ordinance:
1.
Minimum front yard. No front yard shall be required.
2.
Minimum side yard. All principal buildings may be constructed
without side yards, except that when a side yard is provided, it shall
not be less than 10 feet. Notwithstanding the above requirement, when
the side yard in the CBD zone district abuts a property in any residential
zone, said side yard shall be not less than one foot for every two
feet of height of the building located in the CBD zone district, but
not less than 10 feet. Within this required side yard, there shall
be a buffer at least 10 feet deep, within which plant material and/or
a fence shall be installed, as required by the Planning Board, to
adequately protect the abutting residentially zoned property.
3.
Minimum rear yard. There shall be a rear yard of at least one
foot for every two feet of height of the principal building on the
lot which is the subject of the application, but not less 10 feet.
Notwithstanding the above requirement, the following rear yard regulations
shall apply to all properties in the CBD zone district which are used
for residential purposes, or which abut a residential zone:
a.
When a building in the CBD zone district is to be used in whole
or in part for residential purposes, there shall be a rear yard of
not less than 35 feet.
b.
When the rear yard in the CBD zone district abuts a property
in any residential zone, said rear yard shall be not less than 35
feet. Within this required rear yard, there shall be a buffer at least
10 feet deep, within which plant material and/or a fence shall be
installed, as required by the Planning Board, to adequately protect
the abutting residential property.
4.
Maximum building height. No principal building shall exceed
the maximum of three habitable floors, exclusive of basement, or 40
feet in height, whichever is less.
F.
Facade regulations. The following regulations shall apply to the
design of storefront facades in the CBD zone district:
[Amended 6-6-2017 by Ord.
No. 2082]
1.
Window area. Building facades which face the street shall contain
a transparent window area on the ground floor which comprises not
less than 40% of the area of the ground floor facade, when the following
conditions exist or are proposed:
a.
The facade in question is set back less than 10 feet from the
right-of-way; and
b.
A new building, substantial renovation or reconstruction of
the street facade of an existing building, or a conditional use as
set forth in Subsection C.1 or C.2 above, is proposed.
|
When an existing building contains more than one unit occupied
by different tenants, the above requirement shall apply only for the
facade of the unit(s) being renovated or reconstructed. For purposes
of administering the above requirements, the ground floor facade area
shall be construed to be the product of the width of the facade times
10 feet.
|
2.
Awnings. Awnings shall be permitted as regulated by the Town
Code. Internally illuminated awnings are prohibited.
3.
Entrances. Each ground floor tenant shall provide at least one
customer/client entrance on a street-facing facade. Service doors
shall not be located along any street-facing facade.
4.
Existing window and door openings. Existing window and door
openings on a facade may not be filled in unless the finished materials
and color match those of immediately adjacent finishes on the building.
5.
Ground floor street-facing facades shall be occupied by permitted
principal and approved conditional uses. However, vehicular access
to parking areas (limited to 15 feet in width for a one-way driveway
and 25 feet in width for a two-way driveway) are permitted along a
ground floor street-facing facade.
G.
Mixed residential and non-residential use. The following regulations
shall apply to dwelling units on the second or third floor of a principal
building:
H.
Other regulations. In addition to the above requirements, any development
in the CBD zone district must comply with all applicable regulations
of this ordinance, including but not limited to the following:
A.
Principal uses and structures. The GB-1 zone district is intended
to encourage retail sales and personal services oriented to pedestrian
shopping, other commercial uses permitted herein, and residential
use on the upper floors The following principal uses and structures
shall be permitted in the GB-1 zone district:
[Amended 5-11-1999 by Ord. No. 1734]
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 take-out of food;
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;
3.
Business, administrative and professional offices, or other
business establishments providing the following services:
[Amended 9-29-2009 by Ord. No. 1946]
4.
Museums, art galleries and indoor motion picture theaters, and
theaters for conducting live entertainment or cultural performances;
5.
Child care centers;
6.
Governmental buildings and municipal parking facilities;
7.
Public parks and playgrounds;
8.
Residential dwelling units except for within a basement or on
the first floor;
[Amended 8-15-2023 by G.O. No. 2023-27]
9.
Parking areas accessory to a permitted principal use in the
GB-1 district but which are located on a different lot than such principal
use.
10.
Establishments engaged in offering instruction in art, dance
including dance studios, music, gymnastics, martial arts.
[Amended 6-6-2017 by Ord.
No. 2082]
11.
Pet care facilities.
[Added 9-8-2020 by G.O. No. 2187]
12.
Artisan manufacturing.
[Added 10-13-2020 by G.O. No. 2193]
B.
Accessory uses and structures. The following accessory uses and structures
shall be permitted in the GB-1 zone district:
[Amended 8-3-2004 by Ord.
No. 1838]
C.
Conditional uses and structures. The following conditional uses and structures shall be permitted in the GB-1 district only if they comply with the appropriate regulations for such uses or structures in Article 18:
D.
Prohibited uses and structures. Any use or structure other than those uses or structures permitted in Subsection A, B or C above are prohibited. In addition, and notwithstanding the above permitted uses, the following uses shall be specifically prohibited:
1.
Any business conducted outside the confines of a building, except for the use of ground level patios as places for eating and drinking, except for sidewalk cafes permitted and regulated by §§ 24-46 through 24-57 of the Town Code, and except those temporary activities permitted by special permission from the Town Council;
[Amended 8-3-2004 by Ord.
No. 1838; 11-6-2018 by Ord. No. 2113]
2.
Gasoline filling stations, gasoline service stations, public
garages and automobile body repair or painting shops;
3.
Lumber or building material yards;
4.
Sale, rental or repair of automobiles, motorcycles, boats, trailers,
lawn mowers, small gasoline or other liquid fuel engines;
5.
Dry cleaning establishments where the dry cleaning is done on
the premises;
6.
Warehouses or businesses which do not sell directly to the general
public;
7.
Public or private schools;
8.
Drive-in or drive-through restaurants;
[Amended 8-3-2004 by Ord.
No. 1838; 11-6-2018 by Ord. No. 2113]
9.
Funeral services, undertakers, crematories and morticians;
10.
Residential use of any kind other than those uses as permitted in Subsection A above. Existing nonconforming residential buildings or structures shall not be extended or enlarged for use relating to a business, unless the first floor is used entirely for business use;
11.
All aboveground and underground bulk storage of liquefied petroleum
gases, gasoline, diesel fuel, kerosene, No. 2 fuel, fuel oil, chemicals
or similar hazardous, flammable or combustible liquids in any amount,
except as permitted otherwise by § 13.05. Aboveground or
basement storage of up to 530 gallons of kerosene or No. 2 heating
fuel in approved storage tanks and used exclusively for heating purposes
on the premises is exempted from the above prohibition;
12.
Any building, structure or use which would create an undue hazard
of fire, explosion or nuisance by reason of odor, noise, dust or smoke,
or which in any way would be detrimental to the health, public morals
and public safety of the community; and
13.
Private commercial parking lots as a principal use.
E.
Bulk and lot regulations. The following bulk and lot regulations
shall apply to all uses permitted within the GB-1 zone district, unless
more stringent requirements are provided by this ordinance:
1.
Minimum front yard. No front yard shall be required.
2.
Minimum side yard. All principal buildings may be constructed
without side yards, except that when a side yard is provided, it shall
not be less than 10 feet. Notwithstanding the above requirement, when
the side yard in the GB-1 zone district abuts a property in any residential
zone, said side yard shall be not less than one foot for every two
feet of height of the building located in the GB-1 zone district,
but not less than 10 feet. Within this required side yard, there shall
be a buffer at least 10 feet deep, within which plant material and/or
a fence shall be installed, as required by the Planning Board, to
adequately protect the abutting residentially zoned property.
3.
Minimum rear yard. There shall be a rear yard of at least one
foot for every two feet of height of the principal building on the
lot which is the subject of the application, but not less 10 feet.
Notwithstanding the above requirement, the following rear yard regulations
shall apply to all properties in the GB-1 zone district which are
used for residential purposes, or which abut a residentially zoned
property:
a.
When a building in the GB-1 zone district is to be used in whole
or in part for residential purposes, there shall be a rear yard of
not less than 35 feet.
b.
When the rear yard in the GB-1 zone district abuts a property
in any residential zone, said rear yard shall be not less than 35
feet. Within this required rear yard, there shall be a buffer at least
10 feet deep, within which plant material and/or a fence shall be
installed, as required by the Planning Board, to adequately protect
the abutting residential property.
4.
Maximum building height. No principal building shall exceed
the maximum of three habitable floors, exclusive of basement, or 40
feet in height, whichever is less.
F.
Storefront facade regulations. The following regulations shall apply
to the design of storefront facades in the GB-1 zone district:
1.
Window area. Building facades which face the street shall contain
a transparent window area on the ground floor which comprises not
less than 40% of the area of the ground floor facade, when the following
conditions exist or are proposed:
a.
The facade in question is set back less than 10 feet from the
right-of-way; and
b.
A new building, substantial renovation or reconstruction of
the street facade of an existing building, or a conditional use as
set forth in Subsection C.1 or C.2 above, is proposed.
|
When an existing building contains more than one unit occupied
by different tenants, the above requirement shall apply only for the
facade of the unit(s) being renovated or reconstructed. For purposes
of administering the above requirements, the ground floor facade area
shall be construed to be the product of the width of the facade times
10 feet.
|
2.
Awnings. Awnings shall be permitted as regulated by the Town
Code.
G.
Mixed residential and non-residential use. The following regulations
shall apply to dwelling units on the second or third floor of a principal
building:
H.
Other regulations. In addition to the above requirements, any development
in the GB-1 zone district must comply with all applicable regulations
of this ordinance, including but not limited to the following:
A.
Principal uses and structures. The GB-2 zone district is intended
to encourage retail and wholesale sales, personal and business services,
as well as business, administrative and professional offices. The
following principal uses and structures shall be permitted in the
GB-2 zone district:
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 take-out of food;
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;
3.
Business, administrative and professional offices, or other
business establishments providing the following services:
[Amended 9-29-2009 by Ord. No. 1946]
4.
Museums, art galleries and indoor motion picture theaters, and
theaters for conducting live entertainment or cultural performances;
5.
Child care centers;
6.
Wholesale commercial establishments;
7.
Dry cleaners;
8.
Governmental buildings and municipal parking facilities;
9.
Public parks and playgrounds; and
10.
Board of Education administrative offices.
11.
Establishments engaged in offering instruction in art, dance
including dance studios, music, gymnastics, martial arts.
[Amended 6-6-2017 by Ord.
No. 2082]
12.
Pet care facilities.
[Added 9-8-2020 by G.O. No. 2187]
13.
Artisan manufacturing.
[Added 10-13-2020 by G.O. No. 2193]
B.
Accessory uses and structures. The following accessory uses and structures
shall be permitted in the GB-2 zone district:
C.
Conditional uses and structures. The following conditional uses and structures shall be permitted in the GB-2 district only if they comply with the appropriate regulations for such uses or structures in Article 18:
1.
Houses of worship;
2.
Non-profit chartered membership organizations;
3.
Gasoline filling stations and gasoline service stations;
4.
Public garages;
5.
Automatic car washes and drive-through lubricating establishments;
6.
Automobile body repair shops, and automobile painting facilities
licensed by the State of New Jersey;
7.
Residential-type public utility facilities; and
D.
Prohibited uses and structures. Any use or structure other than those uses or structures permitted in Subsection A, B or C above are prohibited. In addition, and notwithstanding the above permitted uses, the following uses shall be specifically prohibited:
1.
Manufacturing, assembly or fabrication of goods or merchandise,
except as part of uses determined to be artisan manufacturing as defined
in Article 2;
[Amended 10-13-2020 by G.O. No. 2193]
2.
Public or private schools;
3.
Any building, structure or use involving the sale of food or
beverages to be served or consumed on the premises, but outside the
confines of the building. This prohibition shall include the serving
of food from the interior of the building to the exterior through
a window or other opening;
4.
Residential use of any kind;
5.
All aboveground and underground bulk storage of liquefied petroleum
gases, gasoline, diesel fuel, kerosene, No. 2 fuel, fuel oil, chemicals
or similar hazardous, flammable or combustible liquids in any amount,
except as permitted otherwise by § 13.05. Aboveground or
basement storage of up to 530 gallons of kerosene or No. 2 heating
fuel in approved storage tanks and used exclusively for heating purposes
on the premises is exempted from the above prohibition;
6.
Any building, structure or use which would create an undue hazard
of fire, explosion or nuisance by reason of odor, noise, dust or smoke,
or which in any way would be detrimental to the health, public morals
and public safety of the community;
7.
Used car sales, unless such sales are accessory to the sale
of new cars sold within the confines of a building;
8.
Private commercial parking lots as a principal use; and
9.
Any business conducted outside the confines of a building, except
for uses customarily subordinate or incidental to pet care facilities,
except as may be specifically permitted by this ordinance and except
those temporary activities permitted by special permission from the
Town Council.
[Amended 9-8-2020 by G.O. No. 2187]
E.
Bulk and lot regulations. The following bulk and lot regulations
shall apply to all uses permitted within the GB-2 zone district, unless
more stringent requirements are provided by this ordinance:
1.
Minimum front yard. There shall be a minimum front yard equal
to the height of the principal building, but not less than 15 feet
in depth. Notwithstanding this requirement, where existing buildings
on the same side of the street form an established front yard depth
which is greater than 15 feet, the minimum front yard on the subject
property shall be the same as said established front yard. If such
established front yard depth varies, the dimension to be used in administering
the above minimum front yard requirement shall be equal to the average
depth of the established front yards. For purposes of administering
this subsection, the properties used for determining said established
front yard depth shall be located, in whole or in part, within 200
feet of the subject property measured along the street right-of-way
line, and must be on the same side of the street, in the same block
and in a zone district with the same front yard requirement.
2.
Minimum side yard. There shall be two side yards and no side
yard shall be less than 10 feet notwithstanding the above requirement,
when the side yard in the GB-2 zone district abuts a property in any
residential zone, said side yard shall be not less than one foot for
every two feet of height of the building located in the GB-2 zone
district, but not less than 10 feet. Within this required side yard,
there shall be a buffer at least 10 feet deep, within which plant
material and/or a fence shall be installed, as required by the Planning
Board, to adequately protect the abutting residential zone.
3.
Minimum rear yard. There shall be a rear yard of at least one
foot for every two feet of height of the principal building on the
lot which is the subject of the application, but not less 10 feet.
Notwithstanding the above requirement, when the rear yard in the GB-2
zone district abuts a property in any residential zone, said rear
yard shall be not less than 35 feet. Within this required rear yard,
there shall be a buffer at least 10 feet deep, within which plant
material and/or a fence shall be installed, as required by the Planning
Board, to adequately protect the abutting residential zone.
4.
Maximum building height. No principal building shall exceed
the maximum of three habitable floors, exclusive of basement, or 40
feet in height, whichever is less.
5.
Maximum coverage by buildings and above-grade structures. No
more than 40% of the area of any lot shall be covered by buildings
and above-grade structures. Earthen flood detention basins as defined
herein shall not be considered as a building or structure for purposes
of computing this coverage.
6.
Maximum coverage by improvements. No more than 90% of the area
of any lot shall be covered by physical improvements, including but
not limited to buildings; above-grade structures; and at-grade structures
including, but not limited to, sidewalks, parking areas, patios, driveways,
storage areas, etc. It is the intention of this provision that each
lot shall have at least 10% of its lot area without any improvements
except vegetation. Earthen flood detention basins as defined herein
shall not be considered as a building, structure or improvement for
purposes of computing this coverage.
7.
Front yard landscaping. Deleted.
[Amended 9-11-2012 by Ord. No. 1991]
F.
Other regulations. In addition to the above requirements, any development
in the GB-2 zone district must comply with all applicable regulations
of this ordinance, including but not limited to the following:
A.
Principal uses and structures. The GB-3 zone district is intended
to encourage retail sale personal and business services, as well as
business, administrative and professional offices that are compatible
with residential use on adjacent properties or in adjacent zones.
The following principal uses and structures shall be permitted in
the GB-3 zone district:
1.
Business establishments on the first and/or second floor 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 take-out of food;
2.
On the first and/or second floor, business, administrative and
professional offices or business establishments providing the following
services:
[Amended 9-29-2009 by Ord. No. 1946]
3.
Child care centers on the first and/or second floor;
4.
Single-family residential uses in detached single-family structures;
5.
Two-family residential uses in a single structure on the same
lot;
[Amended 9-29-2009 by Ord. No. 1946]
6.
Dwelling units on the second and/or third floor in the same
structure as a permitted non-residential use;
[Amended 9-29-2009 by Ord. No. 1946]
7.
Public parks and playgrounds; and
[Amended 9-29-2009 by Ord. No. 1946]
8.
Establishments engaged in offering instruction in art, dance
including dance studios, music, gymnastics, martial arts.
[Amended 6-6-2017 by Ord.
No. 2082]
9.
Artisan
manufacturing.
[Added 10-13-2020 by G.O. No. 2193]
B.
Accessory uses and structures. The following accessory uses and structures
shall be permitted in the GB-3 zone district:
[Amended 9-29-2009 by Ord. No. 1946]
C.
Conditional uses and structures. The following conditional uses and structures shall be permitted in the GB-3 District only if they comply with the appropriate regulations for such uses or structures in Article 18:
[Amended 8-11-2020 by G.O. No. 2177]
D.
Prohibited uses and structures. Any use or structure other than those uses or structures permitted in Subsection A, B or C above are prohibited. In addition, and notwithstanding the above permitted uses, the following uses shall be specifically prohibited:
1.
Any business conducted outside the confines of a building except
those temporary activities permitted by special permission from the
Town Council;
2.
Automatic car washes, drive-through lubricating establishments
and automobile body repair and painting shops;
3.
Lumber or building material yards;
4.
Sale, rental or repair of automobiles, motorcycles, boat trailers,
lawn mowers, small gasoline or other liquid fuel engines, unless specifically
permitted;
5.
Dry cleaning establishments where the dry cleaning is done on
the premises;
6.
Warehouses or businesses which do not sell directly to the general
public;
7.
Public or private schools;
8.
Any building, structure or use involving the sale of food or
beverages to be served or consumed on the premises, but outside the
confines of the building. This prohibition shall include the serving
of food from the interior of the building to the exterior through
a window or other opening;
9.
Residential use of any kind other than those uses as permitted in Subsection A above. Existing nonconforming residential buildings or structures shall not be extended or enlarged for use relating to a business, unless the first floor is used entirely for business use;
10.
Any non-residential use on the third floor;
11.
All aboveground and underground bulk storage of liquefied petroleum
gases, gasoline, diesel fuel, kerosene, No. 2 fuel, fuel oil, chemicals
or similar hazardous, flammable or combustible liquids in any amount,
except as permitted otherwise by § 13.05. Aboveground or
basement storage of up to 530 gallons of kerosene or No. 2 heating
fuel in approved storage tanks and used exclusively for heating purposes
on the premises is exempted from the above prohibition;
12.
Any building, structure or use which would create an undue hazard
of fire, explosion or nuisance by reason of odor, noise, dust or smoke,
or which in any way would be detrimental to the health, public morals
and public safety of the community; and
13.
Private commercial parking lots as a principal use.
E.
Bulk regulations for non-residential uses and structures. The following
bulk regulations are required for all non-residential uses and structures,
as well as for residential uses in buildings as permitted in paragraph
A.6 above, provided that the ground floor is used or designed for
use by a non-residential activity:
1.
Front yard. The front yard shall conform to the established
front yard depth as set forth in § 12.03C, D and E. In the
event there is no established front yard depth, there shall be a front
yard of 40 feet.
For corner lots, the front yard shall be as required above for
interior lots. The street side yard shall not be less than 20 feet.
2.
Minimum side yard. Except as provided above for corner lots,
there shall be two side yards and no side yard shall be less than
five feet in width, or 1/3 of the height of the principal building,
whichever is greater, provided that no principal building shall be
located closer than 10 feet from a principal building on an adjacent
property. When the side yard in the GB-3 zone district abuts a residential
use or property in any residential zone, said side yard shall contain
a buffer within which plant material and/or a fence shall be installed,
as required by the Planning Board, to adequately protect the abutting
residential use or residentially zoned property.
3.
Minimum rear yard. There shall be a rear yard of at least one
foot for every two feet of height of the principal building on the
lot which is the subject of the application, but not less 10 feet.
Notwithstanding the above requirement, when the rear yard in the GB-3
zone district abuts a residential use or property in any residential
zone, said rear yard shall be not less than 35 feet. Within this required
rear yard, there shall be a buffer at least 10 feet deep, within which
plant material and/or a fence shall be installed, as required by the
Planning Board, to adequately protect the abutting residential property.
4.
Maximum building height. No principal building shall exceed
the maximum of three habitable floors, exclusive of basement, or 40
feet in height, whichever is less.
5.
Maximum coverage by buildings and above-grade structures. No
more than 30% of the area of any lot shall be covered by buildings
and above-grade structures. Earthen flood detention basins as defined
herein shall not be considered as a building or structure for purposes
of computing this coverage.
6.
Maximum coverage by improvements. No more than 70% of the area
of any lot shall be covered by physical improvements, including but
not limited to buildings; above-grade structures; and at-grade structures
including, but not limited to, sidewalks, parking areas, patios, driveways,
storage areas, etc. It is the intention of this provision that each
lot shall have at least 30% of its lot area without any improvements
except vegetation. Earthen flood detention basins as defined herein
shall not be considered as a building, structure or improvement for
purposes of computing this coverage.
7.
Front yard landscaping. Deleted. Within the front yard area,
there shall be no buildings or paving permitted except for driveways
and sidewalks which are necessary to provide access to buildings and
access to parking and delivery areas. All areas in the front yard
not used for access shall be landscaped, except for any accessory
structures permitted by this ordinance.
[Amended 9-11-2012 by Ord. No. 1991]
F.
Bulk and lot regulations for single-family and two-family residential
uses and structures. The following bulk and lot regulations shall
apply to single-family residential uses in a detached single-family
dwelling, and to two-family residential uses, as permitted in paragraphs
A.4 and A.5 above:
1.
Minimum lot area. Every lot containing a single-family residential
use in a detached single-family dwelling shall contain a minimum lot
area of 6,000 square feet. Every lot containing a two-family residential
use in a two-family attached residential dwelling shall contain a
minimum lot area of 8,000 square feet.
2.
Minimum lot width.
a.
Single-family detached dwellings. Every lot containing a single-family
residential use in a detached single-family dwelling shall contain
a minimum lot width of 50 feet. In addition, the average width of
the lot shall be such that there is a minimum lot area of at least
6,000 square feet within 120 feet of the front street sideline.
b.
Two-family dwellings. Every lot containing a two-family residential
use in a two-family attached residential dwelling shall contain a
minimum lot width of 60 feet. In addition, the average width of the
lot shall be such that there is a minimum lot area of at least 8,000
square feet within 134 feet of the front street sideline.
3.
Minimum lot frontage.
a.
Single-family detached dwellings. Every lot containing a single-family
residential use in a detached single-family dwelling shall have a
minimum lot frontage of 50 feet.
b.
Two-family dwellings. Every lot containing a two-family residential
use in a two-family attached residential dwelling shall have a minimum
lot frontage of 60 feet.
4.
Minimum lot depth. There shall be a minimum lot depth of 120
feet for all lots.
5.
Front yard. The front yard shall conform to the established
front yard depth as set forth in § 12.03C, D and E. In the
event there is no established front yard depth, there shall be a front
yard of 40 feet. For corner lots, the required front yard shall be
as provided above for interior lots. The required street side yard
shall not be less than 20 feet.
6.
Minimum side yard. Except as provided above for corner lots,
there shall be two side yards and no side yard shall be less than
five feet in width, or 1/3 of the height of the principal building,
whichever is greater, provided that no principal building shall be
located closer than 10 feet from a principal building on an adjacent
property.
7.
Minimum rear yard. There shall be a rear yard of at least one
foot in depth for every two feet of height of the principal building
on the lot which is the subject of the application, but not less 10
feet. Notwithstanding the above requirement, when the rear yard in
the GB-3 zone district abuts a residential use or property in any
residential zone, said rear yard shall be not less than 35 feet.
8.
Maximum building height. No principal building shall exceed
the maximum of three habitable floors, exclusive of basement, but
not more than 38 feet in height.
9.
Maximum floor area ratio. The maximum floor area ratio shall
be as set forth in § 12.04E.
10.
Maximum coverage by buildings and above-grade structures. The
maximum coverage by buildings and above-grade structures shall be
as set forth in § 12.04F.
11.
Maximum coverage by improvements. The maximum coverage by improvements
shall be as set forth in § 12.04G.
G.
Mixed residential and non-residential use. The following regulations
shall apply to mixed residential and non-residential uses in the same
building, in addition to all other applicable regulations of this
ordinance:
[Amended 8-3-2004 by Ord.
No. 1840]
1.
Minimum lot area. There area of the lot shall be not less than
10,000 square feet.
2.
Minimum lot width. There width of the lot shall be not less
than 60 feet.
3.
Minimum lot depth. The depth of the lot shall be not less than
120 feet.
4.
Minimum front yard. The depth of the front yard shall conform
to the established front yard depth as set forth in § 12.03C,
D and E.
For corner lots, the required front yard shall be as provided
above for interior lots. The depth of the street side yard shall not
be less than 20 feet.
5.
Minimum side yard. Except as provided above for corner lots,
there shall be two side yards and the depth of each side yard shall
be not less than five feet, or 1/3 of the height of the principal
building, whichever is greater, provided that no principal building
shall be located closer than 10 feet from a principal building on
an adjacent property.
6.
Minimum rear yard. The depth of the rear yard shall be not less
than 10 feet, or 1/2 of the height of the principal building on the
lot that is the subject of the application, whichever is greater.
7.
Maximum building height. The height of the principal building
shall not exceed three floors, exclusive of basement, but not more
than 38 feet.
8.
Maximum floor area ratio. The habitable floor area of all buildings
shall not exceed 50% of the lot area.
9.
Maximum density. The density shall not exceed one dwelling unit
for each 3,350 square feet of lot area, and further provided, no more
than 12 dwelling units shall be permitted on a lot, regardless of
the lot area.
10.
Maximum coverage by buildings and above-grade structures. The
coverage by buildings and above-grade structures shall not exceed
30% of the lot area.
11.
Maximum coverage by improvements. The coverage by improvements
shall not exceed (70% of the lot area).
12.
Maximum residential/nonresidential use ratio. The habitable
floor area devoted to residential use(s) shall not exceed 2/3 of the
total habitable floor area of the building or structure containing
said residential use(s).
13.
Minimum floor area per dwelling unit. Any single-dwelling unit
shall have a minimum habitable floor area of 600 square feet, plus
200 square feet for each bedroom in excess of one bedroom.
15.
Residential stairs and elevators. Notwithstanding the limitation
in § 11.28A.6 restricting residential use to the second
and third floors of a mixed-use building, there shall be permitted
on the first/ground floor a stair or stairs and/or elevator serving
the dwelling units on the upper floors.
H.
Other regulations. In addition to the above requirements, any development
in the GB-3 zone district must comply with all applicable regulations
of this ordinance, including but not limited to the following:
A.
Principal uses and structures. The C zone district is designed for
limited industrial and manufacturing uses, but also retail and wholesale
sales, personal and business services, and business, administrative
and professional offices. The following principal uses and structures
shall be permitted in the C zone district:
1.
Limited industrial and manufacturing uses conforming with the
performance standards of § 12.15;
2.
Scientific and research facilities limited to those uses which
meet all of the following descriptions:
3.
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 take-out of food;
4.
Wholesale commercial establishments;
5.
Warehouses or storage buildings;
6.
Dry cleaners, including but not limited to establishments where
the dry cleaning is performed on the premises;
7.
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;
9.
Museums, art galleries and indoor motion picture theaters, and
theaters for conducting live entertainment or cultural performances;
10.
Child care centers;
11.
Governmental buildings and municipal parking facilities;
12.
Public parks and playgrounds; and
13.
Board of Education administrative offices.
B.
Accessory uses and structures. The following accessory uses and structures
shall be permitted in the C zone district:
C.
Conditional uses and structures. The following conditional uses and structures shall be permitted in the C district only if they comply with the appropriate regulations for such uses or structures in Article 18:
1.
Facilities of non-profit charter membership organizations and
the offices of charitable organizations;
2.
Gasoline filling stations and gasoline service stations;
3.
Public garages;
4.
Automatic car washes and drive-through lubricating establishments;
5.
Automobile body repair shops and automobile painting facilities;
6.
Lumber, building material and garden center sales;
7.
Residential-type public utility facilities;
8.
Industrial-type public utility facilities; and
D.
Prohibited uses and structures. Any use or structure other than those uses or structures permitted in Subsection A, B or C above are prohibited. In addition, and notwithstanding the above permitted uses, the following uses shall be specifically prohibited:
1.
Public or private schools;
2.
Residential use of any kind;
3.
Used car sales, unless such sales are accessory to the sale
of new cars sold within the confines of a building;
4.
Private commercial parking lots as a principal use;
5.
Trucking terminals;
6.
Any business conducted outside the confines of a building, except
as may be specifically permitted by this ordinance and except those
temporary activities permitted by special permission from the Town
Council;
7.
Any building, structure or use involving the sale of food or
beverages to be served or consumed on the premises, but outside the
confines of the building. This prohibition shall include the serving
of food from the interior of the building to the exterior through
a window or other opening;
8.
All aboveground and underground bulk storage of liquefied petroleum
gases, gasoline, diesel fuel, kerosene, No. 2 fuel, fuel oil, chemicals
or similar hazardous, flammable or combustible liquids in any amount,
except as permitted otherwise by § 13.05 and § 13.06.
Aboveground or basement storage of up to 530 gallons of kerosene or
No. 2 heating fuel in approved storage tanks and used exclusively
for heating purposes on the premises is exempted from the above prohibition;
9.
Petroleum refining and related industries;
10.
Commercial incineration, junk yards, or rubbish, garbage or
trash dumps; and
11.
Any building, structure or use which would create an undue hazard
of fire, explosion or nuisance by reason of odor, noise, dust or smoke,
or which in any way would be detrimental to the health, public morals
and public safety of the community.
E.
Bulk and lot regulations. The following bulk and lot regulations
shall apply to all uses permitted within the C zone district, unless
more stringent requirements are provided by this ordinance:
1.
Minimum front yard. There shall be a minimum front yard of 10
feet.
2.
Minimum side yard. There shall be two side yards, and no side
yard shall be less than 12 feet.
3.
Minimum rear yard. There shall be a minimum rear yard of 10
feet.
4.
Maximum building height. No principal building shall exceed
the maximum of two habitable floors, exclusive of basement, but not
more than 40 feet in height.
F.
Other regulations. In addition to the above requirements, any development
in the C zone district must comply with all applicable regulations
of this ordinance, including but not limited to the following:
[Introduced on first reading 4-23-2013 by Ord. No. 2002. Not adopted.]
[Amended 5-7-2013 by Ord.
No. 2002]
A.
Purpose and intent. The purpose of this article is to supplement
Article 11 of the Code of the Town of Westfield in such a manner as
to provide for the realistic opportunity for the development of affordable
housing for households of low and moderate income, as required by
Southern Burlington County NAACP v. Township of Mount Laurel, 92 N.J.
158 (1983) ("Mount Laurel II") and the Fair Housing Act, N.J.S.A.
52:27D-301 et seq., and consistent with the 2013 HPE&FSP. These
regulations are intended to implement the 2013 HPE&FSP.
B.
Applicability and re-zoning. These regulations shall apply to the
following properties: Block 3305, Lots 4 and 5, as shown on the Official
Tax Maps of the Town of Westfield, and which shall be designated as
NA-AH on the Zoning Map of the Town of Westfield.
C.
Principal uses and structures. The following principal uses and structures
shall be permitted in the NA-AH zone district:
D.
Accessory uses and structures. The following accessory uses and structures
shall be permitted in the NA-AH zone:
E.
Conditional uses and structures. Residential-type public utility facilities shall be permitted in the NA-AH district subject to compliance with the applicable regulations for such uses or structures in Article 18.
G.
Bulk and lot regulations. The following bulk and lot regulations
shall apply to all developments within the NA-AH zone district:
1.
Minimum tract area. There shall be a minimum tract area of one
acre.
2.
Minimum front yard. There shall be a front yard of not less
than 40 feet.
3.
Minimum side yard and rear yard. No building containing dwelling
units shall be closer than 20 feet to any side property line or closer
to any rear property line than 35 feet.
4.
Minimum lot frontage and lot width. There shall be a minimum
lot frontage and lot width of 250 feet for multi-family residences
and a lot frontage of 250 feet and lot width of 15 feet for townhouses.
5.
Maximum density. There shall be a maximum density of 25 dwelling
units for each acre of lot or tract area.
[Amended 3-13-2018 by Ord. No. 2100]
6.
Affordable housing set aside. At least 20% of the units constructed
shall be sold or rented at rates affordable to low-, very low- and
moderate-income limits in accordance with the state's Uniform Housing
Affordability Controls (N.J.A.C. 5:80-26.1 et seq.) and Council on
Affordable Housing regulations (N.J.A.C. 5:97-1.1 et seq.), with any
fractional unit to be rounded upward. All affordable units shall be
constructed on site.
7.
Maximum building height. No principal building shall exceed
three habitable floors, exclusive of basement, but not more than 35
feet in height. No accessory building shall exceed one story in height.
8.
Minimum distance between buildings. Between buildings containing
dwelling units, the following minimum distances shall apply:
a.
For multi-family buildings, one foot for every two feet of combined
building height;
b.
For townhouse-style buildings:
(1)
Facing front-to-front, a minimum setback of 60
feet separated by an open court and said court shall not contain any
accessory building;
(2)
Facing rear-to-rear, a minimum setback of 60 feet;
(3)
Facing front-to-side, a minimum setback of 40 feet;
and
(4)
No rear of one townhouse building shall face the
front of another townhouse building.
9.
Maximum coverage by buildings and above-grade structures. No
more than 25% of the area of any lot shall be covered by multi-family
buildings and above-grade structures; provided, however, that no more
than 35% of the area of any lot shall be covered by townhouse-style
buildings and above-grade structures provided, however, that such
coverage may be increased to 37% when at least 2% of such coverage
of the lot is by a deck or decks. Earthen flood detention basins as
defined herein shall not be considered as a building or structure
for purposes of computing this coverage.
10.
Maximum coverage by improvements. No more than 70% of the area
of any lot shall be covered by physical improvements, including but
not limited to buildings; above-grade structures; and at-grade structures
including, but not limited to, sidewalks, parking areas, patios, driveways,
swimming pools, etc. It is the intention of this provision that each
lot shall have at least 30% of its lot area without any improvements
except vegetation. Earthen flood detention basins as defined herein
shall not be considered as a building, structure or improvement for
purposes of computing this coverage.
11.
Maximum dwelling units per building. No townhouse building shall
contain more than nine dwelling units. No multi-family residential
building shall contain more than 12 dwelling units. For purposes of
administering this section, where buildings containing dwelling units
are connected by a structure which does not contain dwelling units
(by example a covered walkway, a portico or covered driveway), each
building containing dwelling units shall be considered a separate
building.
12.
Maximum continuous wall length. The longest dimension of any
continuous exterior wall of any building shall not be greater than
50 feet. For the purpose of administering this provision, any exterior
wall that is offset for a depth of four feet or greater shall be construed
as a separate wall.
H.
Other regulations. The following other regulations shall apply to
multi-family residences and townhouse attached residences within the
NA-AH zone district.
1.
Design considerations. The development of the properties within
this zone presents an opportunity to implement the best development
and sustainable practices promoted by the New Jersey Office of State
Planning. Development within this TOD zone shall promote transit-friendly
improvements as outlined in the Town Land Use Element of its Master
Plan and identified below:
a.
Off-site improvements as determined necessary to provide safe
and appropriate pedestrian access to the Westfield community rail
train station.
b.
Environmental sustainability in the development of these properties
may include recycling of demolition materials, implementation of measures
to conserve and protect water resources, minimizing waste and pollutants
of all kinds, maximizing energy efficiently in construction materials
and household appliances, and expansion of the urban forest through
on-site landscaping.
2.
Townhouse facade variation. In order to avoid excessive visual
monotony, the front and rear facade of each townhouse dwelling unit
shall be substantially different in appearance from the facade of
adjacent dwelling units. The facade variation as required herein shall
be accomplished by the use of different materials, textures or colors,
or any combination thereof; provided that the facade designs shall
avoid excessive variety or contrast. The use of materials, textures
and colors shall be harmonious and compatible throughout the entire
development.
3.
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 multi-family residences
or single-family attached residences.
4.
Use of accessory buildings. No part of any accessory building
or structure shall be used for living purposes.
5.
Pre-existing uses. The use(s) existing on the property, at the
time of adoption of this ordinance, are permitted to continue. The
uses are permitted to be demolished, rebuilt and modified in accordance
with the prior zoning standards that were in effect at the time of
this rezoning. No change of use shall otherwise occur except in strict
conformance with this ordinance.
6.
Affordability regulations. All inclusionary developments in the NA-AH zone district shall comply with all applicable affordable housing regulations of Article 23 of the Land Use Ordinance and all affordable housing constructed in the NA-AH zone district shall be constructed, marketed, sold and/or rented in accordance with the New Jersey Uniform Housing Affordability Controls (UHAC) set forth in N.J.A.C. 5:80-26.1 et seq. and N.J.A.C. 5:97-1 et seq.
7.
General provisions, parking and loading. In addition to the above requirements, all development in the NA-AH zone district shall comply with all other applicable provisions of the Land Use Ordinance, including but not limited to the general provisions of Article 12; and the off-street parking provisions of Article 17.
I.
Effective date. The within new Article 11.31 of the Land Use Ordinance
shall not become effective until: (1) proper passage and publication
in accordance with law; (2) entry by the Superior Court of New Jersey
of a Final Judgment of Compliance and Repose in litigation entitled
Sunnyside Senior Housing of Westfield, LLC v. Town of Westfield, et
al., Docket No. UNN-L-135-09, and (3) the expiration of the forty-five-day
appeal period without an appeal of the Judgment of Compliance and
Repose having been filed.
[Amended 12-16-2014 by Ord. No. 2033; 5-12-2015 by Ord. No. 2045]
A.
Purpose and intent. The purpose of this article is to supplement
Article 11 of the Code of the Town of Westfield in such a manner as
to provide for the realistic opportunity for the development of affordable
housing for households of low and moderate income, as required by
Southern Burlington County NAACP v. Township of Mount Laurel, 92 N.J.
158 (1983) ("Mount Laurel II") and the Fair Housing Act, N.J.S.A.
52:27D-301 et seq., and consistent with the 2013 Housing Element Plan
and Fair Share Plan (HPE&FSP). These regulations are intended
to implement the 2013 HPE&FSP.
B.
Applicability and re-zoning. These regulations shall apply to the
following properties:
Block 3208, Lot 1.02 and Block 3207, Lots 1 and 4 all as shown
on the Official Tax Map of the Town of Westfield, and a portion of
New Street to be vacated by the Town consisting of 8,713 square feet,
all of which are currently designated as NS-AMFH on the Zoning Map
of the Town of Westfield.
D.
Accessory uses and structures. The following accessory uses and structures
shall be permitted in the NS-AMFH zone district:
F.
Bulk and lot regulations. Development of property within this zone
shall be substantially in conformance with the attached Exhibits B
- Concept Development Plan and C - Architectural Renderings, including
without limitation in terms of building footprint, building height,
architectural design, building facade materials and the amenities
displayed thereon, and shall comply with all standards outlined in
this Article 11.32. The following bulk and lot regulations shall apply
to all developments within the NS-AMFH zone district:
1.
Minimum tract area. The tract area shall be a minimum of 62,000
square feet and a maximum 68,000 square feet.
2.
Density. The total number of residential units shall not exceed
70 units.
3.
Lot frontage. There shall be a minimum lot frontage along South
Avenue East of 200 feet.
4.
Building heights and setbacks. Building heights and building
setbacks shall comply with the following:
|
Regulations*
|
Minimum Building Setback**
(feet)
|
Building Height***
(feet)
|
Street
|
|---|---|---|---|
|
Front lot line (red)
|
20 from curb
15 from property line
|
32
42
|
South Avenue East
|
|
Street side lot line (orange)
|
20 from curb
15 from property line
|
32
42
|
Central Avenue
|
|
Front lot line (blue)
|
10
|
N/A
|
South Elmer Street
|
|
Front lot line (blue)
|
10
|
42
|
New Street
|
|
Side lot line (yellow)
|
15
|
42
|
N/A
|
|
Side lot line (green)
|
10
|
42
|
N/A
|
|
Rear lot line (black)
|
5
|
32
|
N/A
|
|
Street intersection plaza
|
50 to above-ground buildings
|
42
|
Central and South Avenues
|
|
*
|
Curb and lot line designations are color-coded as identified
on Exhibit A, Map of Curb and Lot Line Designations NS-AMFH zone district.
|
|
**
|
Building setbacks along South and Central Avenues shall be not
less than 20 feet from the curb line, and in no event shall the setback
be less than 15 feet from future right-of-way line resulting from
the installation of a right turn lane on South Avenue.
|
|
***
|
Building height limits are based upon Exhibit B Concept Development
Plan NS-AMFH zone district. The associated minimum building setback
limits are relative to the building height, except that along county
roads a minimum twenty-foot building setback from the curb and a fifteen-foot
setback from the property line is required. Building height is the
vertical distance from the average roof height to the average proposed
elevation of normal grade level at the base of the building or structure.
Normal grade shall be construed to be the newly established grade
after construction, exclusive of any filling, berming, mounding or
excavating which deviates from the grade in the general vicinity of
the site.
|
5.
Overall building height. The maximum overall building height
shall average 37 feet, excluding tower and parapets.
6.
Street plaza. The street plaza, as depicted on Exhibit B, shall
have a minimum depth of 50 feet measured at a right angle from the
Central Avenue curb line to the front entrance to the building, with
a minimum square footage of 5,750 square feet and comprised of a maximum
40% hardscape and the remainder green space, said design subject to
Planning Board approval.
7.
Bell tower. The bell tower as depicted on Exhibit C shall have
a height to the top of the tower of 62 feet, with a maximum height
to the bell tower roof peak of 70 feet.
8.
Parapets. The roof parapets shall be located substantially in
conformance with Exhibit C and shall not exceed a height above roof
level of three feet, six inches (three feet., six in.) at the building
front facade along the South and Central Avenue intersection at the
street plaza, and a combination of eight feet, six inches along the
front facade at the street plaza, and three feet, six inches along
the Central Avenue front facade. Parapets shall not be included in
the calculation of building height.
9.
Open space. The front yard along South Avenue and the street
side yard along Central Avenue, excluding the street plaza, shall
be left open space and landscaped, except for an ornamental wrought
iron fence separating the public way from the private property, to
be approved by the Planning Board.
G.
Parking. All parking shall be located on site and shall be underground and/or covered completely, with the exception of a maximum of 10 surface parking spaces. Parking shall be prohibited within all minimum front and side street yards. All parking shall be screened and shall not be visible from South and Central Avenues. The surface parking spaces shall be screened by a solid decorative wall, maximum four feet in height, to block headlight glare onto adjacent properties. All parking and driveway improvements shall comply with the provision of the Residential Site Improvement Standards (RSIS), except that the minimum number of parking spaces shall be governed by the CBD and GB-1 standards of Section 17.02C 1.g. In addition, development of all property within this zone shall be in compliance with the following provisions of Article 17 of the Town of Westfield Land Use Ordinance §§ 17.05B and C, 17.06, 17.07, 17.08, 17.09, 17.10, 17.12 and 17.13.
H.
Affordable housing component. There shall be an inclusionary affordable housing component consisting of nine residential units, complying with all standards of Article 23 of the Town of Westfield Land Use Ordinance, except as provided in Section 11.32N.
I.
Residential restrictions on South Avenue. There shall be no residential
units on the first floor facing the front yard along South Avenue.
The first floor shall only be used for common areas and facilities
for the residents of the building.
J.
Roof top HVAC equipment. Said equipment height shall not exceed seven
feet above the roof height of the building. Said units shall be adequately
screened from view to the satisfaction of the Planning Board.
K.
Maximum coverage by buildings and above-grade structures. No more
than 50% of the tract area shall be covered by multi-family buildings
and above-grade structures. Earthen flood detention basins as defined
herein shall not be considered as a building or structure for purposes
of computing this coverage.
L.
Maximum coverage by improvements. No more than 70% of the area of
the tract shall be covered by physical improvements, including but
not limited to buildings, above-grade structures, and at-grade structures
including sidewalks, parking areas, patios, driveways, swimming pools,
etc. It is the intention of this provision that at least 30% of the
tract area shall not have any improvements except vegetation. Earthen
flood detention basins as defined herein shall not be considered as
a building, structure or improvement for purposes of computing this
coverage.
M.
Screening. Wherever development in the NS-AMFH zone district abuts
an adjoining property that has located thereon a single-family detached
or two-family dwelling, there shall be a screened buffer by landscaping,
fencing or other means as approved by the Planning Board.
N.
Affordability regulations. Any inclusionary developments in the NS-AMFH zone district must comply with all applicable regulations of the affordable housing regulations of Article 23 and the New Jersey Uniform Housing Affordability Controls (UHAC), N.J.A.C. 5:80-26.1 et seq. and COAH regulations N.J.A.C. 5:97-1 et seq. except that of the nine affordable units, the bedroom distribution shall be four two-bedroom units and five one-bedroom units; and, the low/moderate income split of the units shall be five moderate income units and four low-income units (which low-income units shall consist of three low-income units and one very-low income unit).
O.
General provisions. In addition to the above requirements, any development
in the NS-AMFH zone district shall comply with all applicable provisions
of this ordinance and including, but not limited to, the general provisions
of Article 12, except that underground parking shall be allowed to
encroach within all plaza and minimum building setback areas.
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[Amended 5-7-2013 by Ord.
No. 2004]
A.
Principal permitted uses and structures. The permitted principal
uses and structures within the RA-5C Multi-Family Residence District
shall be limited to multi-family residences as defined in Article
2, with all units to be under the condominium form of ownership and
the four affordable units shall be rental.
B.
Applicability and re-zoning. These regulations apply to the following
property: Block 3905, Lot 27.
C.
Accessory uses and structures. The following accessory uses and structures
shall be permitted in the RA-5C Multi-Family Residence District:
E.
Affordable housing set aside. At least 15% of the units constructed
shall be rented at rates affordable to low-, very low- and moderate-income
limits in accordance with the state's Uniform Affordability Controls
(N.J.A.C. 5:80-26.1 et seq.) and Council on Affordable Housing regulations
(N.J.A.C. 5:97-1.1 et seq.), with any fractional unit to be rounded
upward. All affordable units shall be constructed on site.
F.
Affordability regulations. Any inclusionary development in the RA-5C zone district must comply with all applicable regulations of the affordable housing regulations of Article 23 and all affordable housing constructed as a part of this ordinance shall be constructed, marketed, sold and/or rented in accordance with New Jersey Uniform Housing Affordability Controls (UHAC) NJAC 5:80-26.1 et seq. and COAH regulations NJAC 5:97-1 et seq.
G.
Bulk and lot regulations. The following bulk and lot regulations
apply to all development within the RA-5C Multi-Family Residence District:
1.
Minimum lot area. There shall be a minimum lot area of 60,000
square feet.
2.
Minimum lot frontage. There shall be a minimum lot frontage
of 95 feet.
3.
Minimum front yard. There shall be a minimum front yard setback
of 40 feet.
4.
Minimum side yard. No dwelling unit shall be closer to the side
yard than 10 feet from the west property line and 47 feet from the
east property line.
5.
Minimum rear yard. No dwelling unit shall be closer to the rear
yard than 35 feet.
6.
Maximum building height. No principal building shall exceed
the maximum of three habitable floors and 33.5 feet.
7.
Maximum coverage by improvements. No more than 68% of the area
of the lot shall be covered by physical improvements, including but
not limited to buildings; above-grade structures; and at-grade structures
including, but not limited to sidewalks, parking areas, patios, driveways,
etc. provided, however, that such coverage may be increased to 70%
when at least 2% consists of sidewalks, patios or grass pavers. It
is the intention of this provision that the lot shall have at least
30% of its lot area without any improvements except vegetation.
8.
Maximum coverage by buildings and above-grade structures. No
more than 29% of the area of any lot shall be covered by buildings
and above-grade structures.
9.
Minimum distance between buildings. Between buildings containing
dwelling units, the following minimum distances shall apply: end wall
to end wall 15 feet.
10.
Maximum density. No more than 24 units shall be constructed
on-site, at a gross density not to exceed 16.5 units per acre.
11.
Minimum buffer. A buffer in the form of landscaping, walls and
fences as may be approved by the Planning Board shall be provided
by the developer of any multi-family residential use which abuts a
property located in a single-family residential zone. Trees and shrubs
used in a buffer shall be at least five feet high at the time of planting.
Buffers shall be protected from impact by motor vehicles, and from
the negative effects of road salt and snow plowing. A granite block
curb shall separate buffers from vehicle use areas.
12.
Screening of parking. Parking shall be screened by landscape
plantings in unison with fences and walls in sufficient quantity when
a parking area for multi-family residential use abuts an existing
single-family residential use.
13.
Site improvements. On-site improvements shall be determined
by applying the minimum Residential Site Improvement Standards (RSIS)
to provide an eighteen-foot residential driveway length and a residential
access parallel parking low intensity cartway width of 28 feet with
a grasscrete turnaround provided. In any area of the site where parking
is provided within the twenty-eight-foot cartway, there shall be provided
a traveled way of not less than 21 feet in width. The width of any
parking lane located within the cartway shall be seven feet, all as
provided by applicable RSIS standards.
14.
Parking. RSIS parking standards shall be exceeded to provide
a combination of garage and driveway spaces as follows: (a) One-bedroom
unit - one garage space and one driveway space; (b) two-bedroom unit
- one- or two-car garage spaces and two driveway spaces; (c) three-bedroom
unit - one garage space and one driveway space, with 13 parallel parking
visitor spaces.
15.
Unit mix. There shall be provided one bedroom unit, 22 bedroom
units, and one three-bedroom unit.
16.
Applications in the Multi-Family RA-5C Multi-Family Residential
District shall not be subject to review by the Architectural Review
Committee.
17.
Applications in the Multi-Family RA-5C Multi-Family Residential
District shall connect to existing sanitary sewer and storm sewer
systems.
18.
Garbage and recycling collection shall be provided as determined
by the Planning Board.
H.
Effective date. The within new Article 11.33 of the Land Development
Ordinance shall not become effective until: (1) proper passage and
publication in accordance with law; (2) entry by the Superior Court
of New Jersey of a Judgment of Compliance and Repose in litigation
entitled Sunnyside Senior Housing of Westfield, LLC v. Town of Westfield,
et al., Docket No. UNN-L-135-09, and (3) the expiration of the forty-five-day
appeal period without an appeal of the Judgment of Compliance and
Repose having been filed.
[Amended 11-10-2015 by Ord. No. 2053]
A.
Purpose and intent. The purpose of this article is to supplement
Article 11 of the Code of the Town of Westfield in such a manner as
to provide for the realistic opportunity for the development of affordable
housing for households of low and moderate income, as required by
Southern Burlington County NAACP v. Township of Mount Laurel, 92 N.J.
158 (1983) ("Mount Laurel II") and the Fair Housing Act, N.J.S.A.
52:27D-301 et seq., and consistent with the 2014 Housing Plan Element
and Fair Share Plan (HPE&FSP). These regulations are intended
to implement the 2014 HPE&FSP.
B.
Applicability. These regulations shall apply to the following properties:
Block 3001, Lots 1 and 6, as shown on the Official Tax Map of the
Town of Westfield.
C.
Principal uses and structures. The following principal uses and structures
shall be permitted in the WBS-AMFH zone district:
1.
Multi-family residences as defined in Article 2.
D.
Accessory uses and structures. The following accessory uses and structures
shall be permitted in the WBS-AMFH zone district:
F.
Bulk and lot regulations. Development of property within this zone
shall be substantially in conformance with the attached Exhibits:
Exhibit A - Architectural Elevations and Floor Plans; Exhibit B -
Engineering Plans; and, Exhibit C - Color Architectural Rendering,
including without limitation in terms of building footprint, parking
area layout, building height, architectural design, building facade
materials and the amenities displayed thereon, and shall comply with
all standards outlined in this Article 11.34. The following bulk and
lot regulations shall apply to all developments within the WBS-AMFH
zone district:
1.
Minimum tract area. The tract area shall be a minimum of 22,500
square feet.
2.
Density. The total number of residential units shall not exceed
31 units.
3.
Lot frontage. There shall be a minimum lot frontage along West
Broad Street of 106 feet, and a minimum lot frontage along Rahway
Avenue of 191 feet.
4.
Maximum building height.*
a.
Building height not to exceed a maximum of three stories, but
no more than 38 feet to the top of a parapet, except as provided below:
(1)
Corner turrets shall not exceed 47.5 feet in height.
The number of corner turrets shall not exceed two and they shall be
located at the southwest and southeast corners of the building.
(2)
Decorative towers shall not exceed 41.5 feet in
height to the top of the parapet. A maximum of two decorative towers
are permitted, one along each street frontage.
|
*Maximum height limits are based upon Exhibit A - Architectural
Elevations and Floor Plans. Building height is the vertical distance
from the highest point of the building or structure to the average
elevation of normal grade level at the base of the building or structure.
Normal grade shall be construed to be the newly established grade
after construction, exclusive of any filling, berming, mounding or
excavating which deviates from the grade in the general vicinity of
the site.
|
5.
Minimum front yard along West Broad Street: 0 feet.
6.
Minimum street side yard along Rahway Avenue: 0 feet.
7.
Minimum side yard. Zero feet, however, 2nd and 3rd stories shall
be set back a minimum of 8.5 feet.
8.
Minimum rear yard. Zero feet, however, second and third stories
shall be set back a minimum of 8.5 feet.
9.
Design standards. Architectural design and building facade materials
shall be as shown in Exhibit A - Architectural Elevations and Floor
Plans, and Exhibit C - Color Architectural Rendering.
G.
Rooftop HVAC equipment. Said equipment height shall not exceed seven
feet above the roof height of the building. Said units shall be adequately
screened from view to the satisfaction of the Planning Board.
H.
Parking. All parking shall be located on-site, interior to the principal building. No parking shall be located along the West Broad Street frontage of the property. The parking lot shall be screened by a combination of walls and ornamental fencing, plantings and other means as may be approved by the Planning Board. All parking and driveway improvements shall comply with the provisions of the Residential Site Improvement Standards (RSIS), including the required parking space size specified therein, except that the minimum number of parking spaces required shall be governed by Section 17-02C.1.d. In addition, development of all property within this zone shall be in compliance with the following provisions contained within Article 17 of the Town of Westfield Land Use Ordinance: 17.05B and C, 17.06, 17.08, 17.09, 17.10, 17.12 and 17.13.
I.
Signs. One wall mounted sign identifying the name of the multi-family dwelling development shall be permitted per street frontage. The area of each sign shall not exceed 26 square feet, shall not exceed a maximum horizontal dimension of 6.5 feet, shall not exceed a maximum vertical dimension of four feet, and the height of each sign shall not exceed 10 feet. In addition, said signs shall be in compliance with all other applicable provisions within Article 16 of the Town of Westfield Land Use ordinance.
J.
Affordable housing component. There shall be an inclusionary affordable
housing component consisting of a minimum of five affordable units.
Of the five affordable units, the bedroom distribution shall be one
one-bedroom unit; three two-bedroom units, and one three-bedroom unit.
K.
Affordability regulations. Any inclusionary developments in the WBS-AMFH zone district must comply with all applicable regulations of the affordable housing regulations of Article 23 and the New Jersey Uniform Housing Affordability Controls (UHAC), N.J.A.C. 5:80-26.1 et seq. and COAH regulations N.J.A.C. 5:97-1 et seq.
L.
General provisions. In addition to the above requirements, any development
in the WBS-AMFH Zone District shall comply with all applicable provisions
of this ordinance and the general provisions of Article 12.
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WE3973-LUL WBS-AMFH_pg 1 bottom.tif
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[Amended 3-13-2018 by Ord. No. 2093]
A.
Purpose and intent. The purpose of this article is to supplement
Article 11 of the Code of the Town of Westfield in such a manner as
to provide for the realistic opportunity for the development of affordable
housing for households of low and moderate income, as required by
Southern Burlington County NAACP v. Township of Mount Laurel, 92 N.J.
158 (1983) ("Mount Laurel II") and the Fair Housing Act, N.J.S.A.
52:27D-301 et seq. and consistent with an amended order entered by
the Superior Court of New Jersey on October 30, 2017 and filed by
the court on November 1, 2017 which approved the settlement of a declaratory
judgment action filed by the Town of Westfield titled In re Town of
Westfield Compliance with Third Round Mount Laurel Affordable Housing
Obligations, Docket No. UNN-L-2391-15, (the "DJ Action") (the "Settlement
Approval Order"). These regulations are intended to implement the
Settlement Approval Order. The GB1-AHO district is designed to enable
property within the Overlay district to be developed with stand-alone
multi-family residential development as an alternative to the underlying
zone district development standards that are, and shall remain, in
force. Multi-family residences permitted in the GB1-AHO District shall
include an affordable housing set-aside as provided for elsewhere
in this section.
B.
Applicability. These regulations shall apply to the following properties
as shown on the Official Tax Map of the Town of Westfield:
|
Block
|
Lot
|
Address
|
|---|---|---|
|
3002
|
3
|
335 Watterson Street
|
|
3002
|
4
|
325 Watterson Street
|
|
3006
|
5
|
430 Central Avenue
|
|
3006
|
6
|
500 Central Avenue
|
|
3006
|
7
|
510 Central Avenue
|
|
3006
|
8
|
514 Central Avenue
|
|
3006
|
9
|
516 Central Avenue
|
C.
Principal uses and structures. The following principal uses and structures
shall be permitted in the GB1-AHO District:
1.
Multi-family residences as defined in Article 2, limited to
rental housing.
2.
Existing permitted uses, permitted by the underlying zone district.
3.
Development of a site in the GB1-AHO is permitted for either
a permitted use authorized pursuant to the underlying zone or in the
alternative, a use permitted by the overlay zone, but not both.
D.
Accessory uses and structures. The following accessory uses and structures
shall be permitted in the GB1-AHO District:
1.
Parking and parking facilities as regulated herein;
3.
Antennas, as regulated in § 13.04; and
4.
Accessory uses and structures customarily subordinate and incidental
to permitted principal uses and shall include building lobbies, community
rooms, fitness rooms, laundries, pools, storage and stormwater management
facilities.
G.
Design standards.
1.
The Design Standards set forth in § 10.15 shall apply.
2.
The longest dimension of any continuous exterior wall of any
building shall not be greater than 50 feet. For the purpose of administering
this provision, any exterior wall that is offset for a depth of four
feet or greater shall be construed as a separate wall.
3.
The use of vinyl siding as an exterior wall material is prohibited.
H.
Parking. All parking and driveway improvements shall comply with the provision of the Residential Site Improvement Standards (RSIS), except that the minimum number of parking spaces shall be the RSIS standards for high-rise dwellings. In addition, development of all property within this zone shall be in compliance with the following provisions of Article 17 of the Town of Westfield Land Use Ordinance §§ 17.05, 17.06, 17.07, 17.08, 17.09, 17.10, 17.11, 17.12 and 17.13. The parking space depth requirement in § 17.04A for spaces with no curb overhang shall not apply to the GB1-AHO zone district.
I.
Yard location and minimum setbacks for parking areas. Off-street
parking areas are prohibited in front and street side yards, and parking
areas shall be set back at least five feet from side and rear property
lines.
J.
Affordable housing set aside. At least 15% of the units constructed shall be rented at rates affordable to low-, very low- and moderate-income households in accordance with all applicable regulations of the affordable housing regulations of Article 23, with the state's Uniform Housing Affordability Controls (N.J.A.C. 5:80-26.1 et seq.), and Council on Affordable Housing regulations (N.J.A.C. 5:97-1.1 et seq.), with any fractional unit to be rounded upward. All affordable units shall be constructed on site.
K.
Other regulations. In addition to the above requirements, any development
in the GB1-AHO district must comply with all applicable regulations
of this ordinance including, but not limited to, the following:
[Amended 3-13-2018 by Ord. No. 2094]
A.
Purpose and intent. The purpose of this article is to supplement
Article 11 of the Code of the Town of Westfield in such a manner as
to provide for the realistic opportunity for the development of affordable
housing for households of low and moderate income, as required by
Southern Burlington County NAACP v. Township of Mount Laurel, 92 N.J.
158 (1983) ("Mount Laurel II") and the Fair Housing Act, N.J.S.A.
52:27D-301 et seq. and consistent with an amended order entered by
the Superior Court of New Jersey on October 30, 2017 and filed by
the court on November 1, 2017 which approved the settlement of a declaratory
judgment action filed by the Town of Westfield titled In re Town of
Westfield Compliance with Third Round Mount Laurel Affordable Housing
Obligations, Docket No. UNN-L-2391-15, (the "DJ Action") (the "Settlement
Approval Order"). These regulations are intended to implement the
Settlement Approval Order. The GB2-AHO district is designed to enable
property within the Overlay district to be developed with stand-alone
multi-family residential development as an alternative to the underlying
zone district development standards that are, and shall remain, in
force. Multi-family residences permitted in the GB2-AHO district shall
include an affordable housing set-aside as provided for elsewhere
in this section.
B.
Applicability. These regulations shall apply to the following properties
as shown on the Official Tax Map of the Town of Westfield:
|
Block
|
Lot
|
Address
|
|---|---|---|
|
3202
|
2
|
260 North Avenue East
|
|
3202
|
3
|
270 North Avenue East
|
|
3202
|
6
|
422-436 North Avenue East
|
|
3202
|
7
|
440 North Avenue East
|
|
3202
|
8
|
450 North Avenue East
|
|
3202
|
9
|
462 North Avenue East
|
|
3202
|
10
|
466 North Avenue East
|
|
3202
|
11
|
474 North Avenue East
|
|
3202
|
12
|
500 North Avenue East
|
|
3202
|
13
|
516 North Avenue East
|
|
3202
|
14
|
522 North Avenue East
|
|
3202
|
15.01
|
526 North Avenue East
|
|
3202
|
15.02
|
536 North Avenue East
|
|
3202
|
16
|
540 North Avenue East
|
|
3305
|
3
|
580 North Avenue East
|
|
3204
|
7.01
|
215 South Avenue East
|
|
3204
|
7.02
|
219 South Avenue East
|
|
3204
|
10
|
343 South Avenue East
|
|
3204
|
11
|
349 South Avenue East
|
|
3204
|
12
|
357 South Avenue East
|
|
3204
|
13
|
361 South Avenue East
|
|
3204
|
14
|
365 South Avenue East
|
|
3204
|
15
|
369 South Avenue East
|
|
3204
|
16
|
401 South Avenue East
|
C.
Principal uses and structures. The following principal uses and structures
shall be permitted in the GB2-AHO district:
1.
Multi-family residences as defined in Article 2, limited to
rental housing.
2.
Existing permitted uses, permitted by the underlying zone district.
3.
Development of a site in the GB2-AHO is permitted for either
a permitted use authorized pursuant to the underlying zone or in the
alternative, a use permitted by the overlay zone, but not both.
D.
Accessory uses and structures. The following accessory uses and structures
shall be permitted in the GB2-AHO district:
1.
Parking and parking facilities as regulated herein;
3.
Antennas, as regulated in § 13.04; and
4.
Accessory uses and structures customarily subordinate and incidental
to permitted principal uses and shall include building lobbies, community
rooms, fitness rooms, laundries, pools, storage and stormwater management
facilities.
G.
Design standards.
1.
The Design Standards set forth in § 10.15 shall apply.
2.
The longest dimension of any continuous exterior wall of any
building shall not be greater than 50 feet. For the purpose of administering
this provision, any exterior wall that is offset for a depth of four
feet or greater shall be construed as a separate wall.
3.
The use of vinyl siding as an exterior wall material is prohibited.
H.
Parking. All parking and driveway improvements shall comply with the provision of the Residential Site Improvement Standards (RSIS), except that the minimum number of parking spaces shall be the RSIS standards for high-rise dwellings. In addition, development of all property within this zone shall be in compliance with the following provisions of Article 17 of the Town of Westfield Land use Ordinance §§ 17.05, 17.06, 17.07, 17.08, 17.09, 17.10, 17.11, 17.12 and 17.13. The parking space depth requirement in § 17.04A for spaces with no curb overhang shall not apply to the GB2-AHO zone district.
I.
Yard location and minimum setbacks for parking areas. Off-street
parking areas are prohibited in front and street side yards, and parking
areas shall be set back at least five feet from side and rear property
lines.
J.
Affordable housing set aside. At least 15% of the units constructed shall be rented at rates affordable to low-, very low- and moderate-income households in accordance with all applicable regulations of the affordable housing regulations of Article 23, with the state's Uniform Housing Affordability Controls (N.J.A.C. 5:80-26.1 et seq.), and Council on Affordable Housing regulations (N.J.A.C. 5:97-1.1 et seq.), with any fractional unit to be rounded upward. All affordable units shall be constructed on site.
K.
Other regulations. In addition to the above requirements, any development
in the GB2-AHO district must comply with all applicable regulations
of this ordinance including, but not limited to, the following:
[Amended 3-13-2018 by Ord. No. 2095]
A.
Purpose and intent. The purpose of this article is to supplement
Article 11 of the Code of the Town of Westfield in such a manner as
to provide for the realistic opportunity for the development of affordable
housing for households of low and moderate income, as required by
Southern Burlington County NAACP v. Township of Mount Laurel, 92 N.J.
158 (1983) ("Mount Laurel II") and the Fair Housing Act, N.J.S.A.
52:27D-301 et seq., and consistent with an amended order entered by
the Superior Court of New Jersey on October 30, 2017 and filed by
the court on November 1, 2017 which approved the settlement of a declaratory
judgment action filed by the Town of Westfield titled In re Town of
Westfield Compliance with Third Round Mount Laurel Affordable Housing
Obligations, Docket No. UNN-L-2391-15, (the "DJ Action") (the "Settlement
Approval Order"). These regulations are intended to implement the
Settlement Approval Order. The GB3-AHO district is designed to enable
property within the Overlay district to be developed with stand-alone
multi-family residential development as an alternative to the underlying
zone district development standards that are, and shall remain, in
force. Multi-family residences permitted in the GB3-AHO district shall
include an affordable housing set-aside as provided for elsewhere
in this section.
B.
Applicability. These regulations shall apply to the following properties
as shown on the Official Tax Map of the Town of Westfield:
|
Block
|
Lot
|
Address
|
|---|---|---|
|
3204
|
1
|
201 South Avenue East
|
|
3204
|
2.01
|
211 South Avenue East
|
|
3204
|
3
|
419 Elmer Street South
|
|
3204
|
4
|
417 Elmer Street South
|
|
3204
|
5
|
401 Elmer Street South
|
|
3207
|
2
|
110 New Street
|
|
3207
|
3
|
402 Elmer Street South
|
|
3207
|
5
|
408 Elmer Street South
|
|
3207
|
6
|
412 Elmer Street South
|
|
3207
|
7
|
123 South Avenue East
|
|
3208
|
2
|
115 New Street
|
C.
Principal uses and structures. The following principal uses and structures
shall be permitted in the GB3-AHO district:
1.
Multi-family residences as defined in Article 2, limited to
rental housing.
2.
Existing permitted uses, permitted by the underlying zone district.
3.
Development of a site in the GB3-AHO is permitted for either
a permitted use authorized pursuant to the underlying zone or in the
alternative, a use permitted by the overlay zone, but not both.
D.
Accessory uses and structures. The following accessory uses and structures
shall be permitted in the GB3-AHO district:
1.
Parking and parking facilities as regulated herein;
3.
Antennas, as regulated in § 13.04; and
4.
Accessory uses and structures customarily subordinate and incidental
to permitted principal uses and shall include building lobbies, community
rooms, fitness rooms, laundries, pools, storage and stormwater management
facilities.
G.
Design standards.
1.
The Design Standards set forth in § 10.15 shall apply.
2.
The longest dimension of any continuous exterior wall of any
building shall not be greater than 50 feet. For the purpose of administering
this provision, any exterior wall that is offset for a depth of four
feet or greater shall be construed as a separate wall.
3.
The use of vinyl siding as an exterior wall material is prohibited.
H.
Parking. All parking and driveway improvements shall comply with the provision of the Residential Site Improvement Standards (RSIS), except that the minimum number of parking spaces shall be the RSIS standards for high-rise dwellings. In addition, development of all property within this zone shall be in compliance with the following provisions of Article 17 of the Town of Westfield Land Use Ordinance §§ 17.05, 17.06, 17.07, 17.08, 17.09, 17.10, 17.11, 17.12 and 17.13. The parking space depth requirement in § 17.04A for spaces with no curb overhang shall not apply to the GB3-AHO zone district.
I.
Yard location and minimum setbacks for parking areas. Off-street
parking areas are prohibited in front and street side yards, and parking
areas shall be set back at least five feet from side and rear property
lines.
J.
Affordable housing set aside. At least 15% of the units constructed shall be rented at rates affordable to low-, very low- and moderate-income households in accordance with all applicable regulations of the affordable housing regulations of Article 23, with the state's Uniform Housing Affordability Controls (N.J.A.C. 5:80-26.1 et seq.), and Council on Affordable Housing regulations (N.J.A.C. 5:97-1.1 et seq.), with any fractional unit to be rounded upward. All affordable units shall be constructed on site.
K.
Other regulations. In addition to the above requirements, any development
in the GB3-AHO district must comply with all applicable regulations
of this ordinance including, but not limited to, the following:
[Amended 3-13-2018 by Ord. No. 2096]
A.
Purpose and intent. The purpose of this article is to supplement
Article 11 of the Code of the Town of Westfield in such a manner as
to provide for the realistic opportunity for the development of affordable
housing for households of low and moderate income, as required by
Southern Burlington County NAACP v. Township of Mount Laurel, 92 N.J.
158 (1983) ("Mount Laurel II") and the Fair Housing Act, N.J.S.A.
52:27D-301 et seq., and consistent with an amended order entered by
the Superior Court of New Jersey on October 30, 2017 and filed by
the court on November 1, 2017 which approved the settlement of a declaratory
judgment action filed by the Town of Westfield titled In re Town of
Westfield Compliance with Third Round Mount Laurel Affordable Housing
Obligations, Docket No. UNN-L-2391-15, (the "DJ Action") (the "Settlement
Approval Order"). These regulations are intended to implement the
Settlement Approval Order. The C-AHO district is designed to enable
property within the Overlay district to be developed with stand-alone
multi-family residential development as an alternative to the underlying
zone district development standards that are, and shall remain, in
force. Multi-family residences permitted in the C-AHO district shall
include an affordable housing set-aside as provided for elsewhere
in this section.
B.
Applicability. These regulations shall apply to the following properties
as shown on the Official Tax Map of the Town of Westfield:
|
Block
|
Lot
|
Address
|
|---|---|---|
|
3307
|
3
|
461-469 South Avenue East
|
C.
Principal uses and structures. The following principal uses and structures
shall be permitted in the C-AHO district:
1.
Multi-family residences as defined in Article 2, limited to
rental housing.
2.
Existing permitted uses, permitted by the underlying zone district.
3.
Development of a site in the C-AHO is permitted for either a
permitted use authorized pursuant to the underlying zone or in the
alternative, a use permitted by the overlay zone, but not both.
D.
Accessory uses and structures. The following accessory uses and structures
shall be permitted in the C-AHO district:
1.
Parking and parking facilities as regulated herein;
3.
Antennas, as regulated in § 13.04; and
4.
Accessory uses and structures customarily subordinate and incidental
to permitted principal uses and shall include building lobbies, community
rooms, fitness rooms, laundries, pools, storage and stormwater management
facilities.
G.
Design standards.
1.
The Design Standards set forth in § 10.15 shall apply.
2.
The longest dimension of any continuous exterior wall of any
building shall not be greater than 50 feet. For the purpose of administering
this provision, any exterior wall that is offset for a depth of four
feet or greater shall be construed as a separate wall.
3.
The use of vinyl siding as an exterior wall material is prohibited.
H.
Parking. All parking and driveway improvements shall comply with the provision of the Residential Site Improvement Standards (RSIS), except that the minimum number of parking spaces shall be the RSIS standards for high-rise dwellings. In addition, development of all property within this zone shall be in compliance with the following provisions of Article 17 of the Town of Westfield Land Use Ordinance §§ 17.05, 17.06, 17.07, 17.08, 17.09, 17.10, 17.11, 17.12 and 17.13. The parking space depth requirement in § 17.04A for spaces with no curb overhang shall not apply to the C-AHO zone district.
I.
Yard location and minimum setbacks for parking areas. Off-street
parking areas are prohibited in front and street side yards, and parking
areas shall be set back at least five feet from side and rear property
lines.
J.
Affordable housing set aside. At least 15% of the units constructed shall be rented at rates affordable to low-, very low- and moderate-income households in accordance with all applicable regulations of the affordable housing regulations of Article 23, with the state's Uniform Housing Affordability Controls (N.J.A.C. 5:80-26.1 et seq.), and Council on Affordable Housing regulations (N.J.A.C. 5:97-1.1 et seq.), with any fractional unit to be rounded upward. All affordable units shall be constructed on site.
K.
Other regulations. In addition to the above requirements, any development
in the C-AHO district must comply with all applicable regulations
of this ordinance including, but not limited to, the following:
[Amended 3-13-2018 by Ord. No. 2097]
A.
Purpose and intent. The purpose of this article is to supplement
Article 11 of the Code of the Town of Westfield in such a manner as
to provide for the realistic opportunity for the development of affordable
housing for households of low and moderate income, as required by
Southern Burlington County NAACP v. Township of Mount Laurel, 92 N.J.
158 (1983) ("Mount Laurel II") and the Fair Housing Act, N.J.S.A.
52:27D-301 et seq., and consistent with an amended order entered by
the Superior Court of New Jersey on October 30, 2017 and filed by
the court on November 1, 2017 which approved the settlement of a declaratory
judgment action filed by the Town of Westfield titled In re Town of
Westfield Compliance with Third Round Mount Laurel Affordable Housing
Obligations, Docket No. UNN-L-2391-15, (the "DJ Action") (the "Settlement
Approval Order"). These regulations are intended to implement the
Settlement Approval Order.
B.
Applicability. These regulations shall apply to the following properties:
Block 3307, Lots 1 and 2; Block 4004, Lot 17; and Block 4005, Lots
3 and 4, all as shown on the Official Tax Map of the Town of Westfield.
This overlay includes the following two subzones:
1.
North Subzone: Block 3307, Lots 1 and 2, which are currently
located in the C zone district on the Zoning Map of the Town of Westfield.
2.
South Subzone: Block 4004, Lot 17; and Block 4005, Lots 3 and
4, which are currently located in the GB-2 zone district on the Zoning
Map of the Town of Westfield.
C.
Principal uses and structures. In addition to any use permitted in
the underlying zone district, the following principal uses and structures
shall be permitted in the SW-AHO zone district:
1.
Multi-family residences as defined in Article 2.
2.
Retail sales and retail services designed to serve a strictly
local population on the ground floor only.
3.
Private open space, private parks and playgrounds.
4.
Block 4004, Lot 17, as shown on the Official Tax Map of the
Town of Westfield, shall be used for either parking or open space
appurtenant to Block 4005, Lots 3 and 4.
5.
Existing permitted uses, permitted by the underlying zone district.
6.
Development of a site in the SW-AHO is permitted for either
a permitted use authorized pursuant to the underlying zone or in the
alternative, a use permitted by the overlay zone, but not both.
|
Multiple principal uses shall be permitted within a single building.
|
D.
Accessory uses and structures. The following accessory uses and structures
shall be permitted in the SW-AHO district:
1.
Parking and parking facilities as regulated herein;
3.
Antennas, as regulated in § 13.04; and
4.
Accessory uses and structures customarily subordinate and incidental
to permitted principal uses and shall include building lobbies, community
rooms, fitness rooms, laundries, roof terraces on first or second
story rooftops only, pools, storage and stormwater management facilities.
F.
Bulk and lot regulations - North Subzone. The following bulk and
lot regulations shall apply to all developments within the North Subzone
of the SW-AHO zone district:
1.
Minimum tract area. There shall be a minimum tract area of four
acres.
2.
Minimum lot frontage and lot width. There shall be a minimum
lot frontage and lot width of 600 feet along South Avenue.
3.
Minimum front yard: 10 feet.
4.
Minimum side yard. Ground floor: five feet; upper floors: 15
feet.
5.
Minimum rear yard. Ground floor: five feet; upper floors: 15
feet.
6.
Maximum building height. No principal building shall exceed
65 feet in height, as measured from average grade to the roof ridge.
The maximum number of stories, including parking, shall be three stories
within 100 feet of South Avenue and/or within 200 feet of any existing
residential use in the Town of Westfield, and four stories beyond
100 feet of South Avenue and 200 feet of any existing residential
use in the Town of Westfield.
7.
Maximum coverage by buildings and other structures. No more
than 95% of the area of any lot shall be covered by buildings and
above-grade structures. Earthen flood detention basins as defined
herein shall not be considered as a building or structure for purposes
of computing this coverage.
8.
Maximum density. The maximum density shall be 37.77 units per
acre.
9.
Maximum retail floor area. The maximum floor area devoted to
retail sales and retail service uses shall be 12,000 square feet.
Such uses shall be designed to serve a strictly local population.
10.
Floor area requirements. The minimum floor area provisions of
Article 12 of the Town of Westfield Land Use Ordinance § 12.04D
shall not apply to the SW-AHO zone district, nor shall there by any
maximum floor area ratio requirements applicable to the SW-AHO zone
district.
G.
Bulk and lot regulations - South Subzone. The following bulk and
lot regulations shall apply to all developments within the South Subzone
of the SW-AHO district:
1.
Minimum tract area. There shall be a minimum tract area of one
acre, which may include the total of all parcels in the subzone.
2.
Minimum lot frontage and lot width. There shall be a minimum
lot frontage and lot width of 350 feet along South Avenue, which may
be non-contiguous and include the total of all parcels in the subzone.
3.
Minimum front yard along South Avenue: 10 feet.
4.
Minimum street side yard along Windsor Avenue: 15 feet.
5.
Minimum side yard: 15 feet.
6.
Minimum rear yard (opposite South Avenue): 25 feet.
7.
Maximum building height. No principal building shall exceed
40 feet in height, as measured from average grade to the roof ridge.
The maximum number of stories shall be three stories, including parking.
8.
Maximum coverage by buildings and other structures. No more
than 70% of the total area of all parcels in the subzone shall be
covered by buildings and above-grade structures. Earthen flood detention
basins as defined herein shall not be considered as a building or
structure for purposes of computing this coverage.
9.
Maximum coverage by improvements. No more than 90% of the total
area of all parcels in the subzone shall be covered by physical improvements,
including, but not limited to, buildings; above-grade structures;
and at-grade structures including, but not limited to, sidewalks,
parking areas, patios, driveways, swimming pools, etc.
10.
Maximum density. The maximum density shall be 25 units per acre.
Density shall be calculated for the entire area of the South Subzone
of the SW-AHO zone district, including non-contiguous parcels.
11.
Maximum retail floor area. The maximum floor area devoted to
retail and other commercial uses shall be 5,000 square feet.
12.
Floor area requirements. The minimum floor area provisions of
Article 12 of the Town of Westfield Land Use Ordinance § 12.04D
shall not apply to the SW-AHO zone district, nor shall there by any
maximum floor area ratio requirements applicable to the SW-AHO zone
district.
H.
Design standards.
1.
The Design Standards set forth in § 10.15 shall apply.
2.
The longest dimension of any continuous exterior wall of any
building shall not be greater than 50 feet. For the purpose of administering
this provision, any exterior wall that is offset for a depth of four
feet or greater shall be construed as a separate wall.
3.
The use of vinyl siding as an exterior wall material is prohibited.
I.
Parking. All parking shall be located within the subzone it is intended to serve and shall be enclosed within a building, with the exception of a maximum of 20 surface parking spaces in the South Subzone. All parking and driveway improvements shall comply with the provision of the Residential Site Improvement Standards (RSIS), except that the minimum number of parking spaces shall be as listed below. In addition, development of all property within this zone shall be in compliance with the following provisions of Article 17 of the Town of Westfield Land Use Ordinance §§ 17.05B and C, 17.06, 17.07, 17.08, 17.09, 17.10, 17.11, 17.12 and 17.13. The parking space depth requirement in § 17.04A for spaces with no curb overhang shall not apply to the SW-AHO zone district. The following minimum parking ratios shall apply to uses within the SW-AHO zone district:
J.
Yard location and minimum setbacks for parking areas. Off-street
parking areas are prohibited in front and street side yards, and parking
areas shall be set back at least five feet from side and rear property
lines.
K.
Loading. The requirements for the minimum number of off-street loading and unloading spaces in Article 17 of the Town of Westfield Land Use Ordinance § 17.02E shall not apply to the SW-AHO zone district.
L.
Residential unit location restrictions. There shall be no residential
units on the ground floor of any building. The ground floor shall
only be used for common areas and facilities for the residents of
the building, parking and permitted nonresidential uses.
M.
Affordable housing set aside in the North Subzone. In the North Subzone of the SW-AHO, at least 15% of the units constructed, plus three additional housing units transferred to the North Subzone of the SW-AHO zone district pursuant to the settlement approval order, shall be rented at rates affordable to low-, very low- and moderate-income limits in accordance with all applicable regulations of the affordable housing regulations of Article 23, the New Jersey Uniform Housing Affordability Controls (UHAC), (N.J.A.C. 5:80-26.1 et seq.), and Council on Affordable Housing regulations (N.J.A.C. 5:97-1.1 et seq.), with any fractional unit to be rounded upward. All affordable units shall be constructed on site. The three additional affordable housing units shall be earmarked for special needs tenants in accordance with the requirements set forth in the settlement approval order.
N.
Affordable housing set aside in the South Subzone. In the South Subzone of the SW-AHO, at least 15% of the units constructed shall be rented at rates affordable to low-, very low- and moderate-income limits in accordance with all applicable regulations of the affordable housing regulations of Article 23, the state's Uniform Housing Affordability Controls (N.J.A.C. 5:80-26.1 et seq.) and Council on Affordable Housing regulations (N.J.A.C. 5:97-1.1 et seq.), with any fractional unit to be rounded upward. All affordable units shall be constructed on site.
O.
Other regulations. In addition to the above requirements, any development
in the SW-AHO district must comply with all applicable regulations
of this ordinance including, but not limited to, the following:
[Amended 3-13-2018 by Ord. No. 2098]
A.
Purpose and intent. The purpose of this article is to supplement
Article 11 of the Code of the Town of Westfield in such a manner as
to provide for the realistic opportunity for the development of affordable
housing for households of low and moderate income, as required by
Southern Burlington County NAACP v. Township of Mount Laurel, 92 N.J.
158 (1983) ("Mount Laurel II") and the Fair Housing Act, N.J.S.A.
52:27D-301 et seq., and consistent with an amended order entered by
the Superior Court of New Jersey on October 30, 2017 and filed by
the court on November 1, 2017 which approved the settlement of a declaratory
judgment action filed by the Town of Westfield titled In re Town of
Westfield Compliance with Third Round Mount Laurel Affordable Housing
Obligations, Docket No. UNN-L-2391-15, (the "DJ Action") (the "Settlement
Approval Order"). These regulations are intended to implement the
Settlement Approval Order.
B.
Applicability. These regulations shall apply to the following properties
as shown on the Official Tax Map of the Town of Westfield:
|
Block
|
Lot
|
Address
|
|---|---|---|
|
3002
|
5
|
501 South Avenue West
|
|
3002
|
6
|
408 Westfield Avenue
|
|
3002
|
12
|
320 First Street
|
|
3002
|
13
|
322 First Street
|
C.
Principal uses and structures. The following principal uses and structures
shall be permitted in the PA-AHO district:
1.
Multi-family residences as defined in Article 2, above the first
floor.
2.
Retail sales, retail services, cafes and restaurants on the
first floor, with the primary ingress/egress fronting on South Avenue.
3.
Existing permitted uses, permitted by the underlying zone district.
4.
Development of a site in the PA-AHO is permitted for either
a permitted use authorized pursuant to the underlying zone or in the
alternative, a use permitted by the overlay zone, but not both.
|
Multiple principal uses shall be permitted within a single building.
|
D.
Accessory uses and structures. The following accessory uses and structures
shall be permitted in the PA-AHO zone district:
1.
Parking and parking facilities as regulated herein;
3.
Antennas, as regulated in § 13.04; and
4.
Accessory uses and structures customarily subordinate and incidental
to permitted principal uses and shall include building lobbies, community
rooms, fitness rooms, laundries, roof terraces, pools, storage and
stormwater management facilities.
F.
Bulk and lot regulations. Development of property within this district
shall be substantially in conformance with the attached Exhibit A
- Architectural Elevations, and Exhibit B - Ground Floor Plan, including
building footprint, building height, and architectural design. The
following bulk and lot regulations shall apply to all developments
within the PA-AHO zone district:
1.
Minimum tract area. There shall be a minimum tract area of 1.18
acres.
4.
Minimum side yard adjacent to Block 3002, Lot 2: 5 feet.
5.
Minimum side yard adjacent to Block 3002, Lots 3 and 4: 10 feet.
6.
Minimum side yard adjacent to the side lot line of Block 3002,
Lot 11: 45 feet.
7.
Minimum side yard adjacent to the rear lot line of Block 3002,
Lot 11: 29 feet.
8.
Minimum side yard adjacent to Block 3002, Lots 7 and 10: 34
feet.
9.
Maximum building height. No principal building shall exceed
40 feet in height, as measured from average grade to the roof ridge.
The maximum number of stories, including parking, shall be three stories.
The turret, as depicted on Exhibit A, shall have a maximum height
of 50 feet to the roof peak.
10.
Maximum coverage by buildings and other structures. No more
than 60% of the total area of all parcels in the PA-AHO zone shall
be covered by buildings and above-grade structures. Earthen flood
detention basins as defined herein shall not be considered as a building
or structure for purposes of computing this coverage.
11.
Maximum coverage by improvements. No more than 85% of the total
area of all parcels in the PA-AHO zone shall be covered by physical
improvements, including, but not limited to, buildings; above-grade
structures; and at-grade structures, including, but not limited to,
sidewalks, parking areas, patios, driveways, swimming pools, etc.
12.
Maximum density. The maximum density shall be 25 units per acre
which equates to 30 dwelling units on the 1.18 acres site. If the
site is less than 1.18 acres, the number of residential units shall
be reduced accordingly.
13.
Maximum retail floor area. The maximum floor area devoted to
retail sales, retail services, cafes and restaurants shall be 7,055
square feet.
14.
Floor area requirements. The minimum floor area provisions of
Article 12 of the Town of Westfield Land Use Ordinance § 12.04D
shall not apply to the PA-AHO zone district, nor shall there be any
maximum floor area ratio requirements applicable to the PA-AHO zone
district.
G.
Design standards.
1.
Architectural design shall be substantially similar in design
and aesthetics with the attached Exhibit A - Architectural Elevations.
Final elevations shall be subject to the approval of the Planning
Board.
2.
The Design Standards set forth in § 10.15 shall apply.
3.
The use of vinyl siding as an exterior wall material is prohibited.
H.
Parking. All parking shall be enclosed under or within a building, with the exception of a maximum of eight surface parking spaces. All parking and driveway improvements shall comply with the provision of the Residential Site Improvement Standards (RSIS), except that the minimum number of parking spaces shall be as listed below. In addition, development of all property within this zone shall be in compliance with the following provisions of Article 17 of the Town of Westfield Land Use Ordinance §§ 17.05B and C, 17.06, 17.07, 17.08, 17.09, 17.10, 17.11, 17.12 and 17.13. The parking space depth requirement in § 17.04A for spaces with no curb overhang shall not apply to the PA-AHO zone district. The following minimum parking ratios shall apply to uses within the PA-AHO zone district:
I.
Yard location and minimum setbacks for parking areas. Off-street
parking areas are prohibited in front and street side yards, and parking
areas shall be set back at least five feet from side and rear property
lines.
J.
Loading. The requirements for the minimum number of off-street loading and unloading spaces in Article 17 of the Town of Westfield Land Use Ordinance § 17.02E shall not apply to the PA-AHO zone district.
K.
Residential unit location restrictions. There shall be no residential
units on the ground floor of any building. The ground floor shall
only be used for common areas and facilities for the residents of
the building, parking and permitted nonresidential uses.
L.
Affordable housing set aside. Any development for multi-family residences intended for rent shall be required to set-aside at least 15% of all residential units for low- and moderate-income households in accordance with all applicable regulations of the affordable housing regulations of Article 23, the state's Uniform Housing Affordability Controls (N.J.A.C. 5:80-26.1 et seq.), and Council on Affordable Housing regulations (N.J.A.C. 5:97-1.1 et seq.), with any fractional unit to be rounded upward. All affordable units shall be constructed on site.
M.
Other regulations. In addition to the above requirements, any development
in the PA-AHO district must comply with all applicable regulations
of this ordinance including, but not limited to, the following:
[Amended 3-13-2018 by Ord. No. 2099]
A.
Purpose and intent. The purpose of this article is to supplement
Article 11 of the Code of the Town of Westfield in such a manner as
to provide for the realistic opportunity for the development of affordable
housing for households of low and moderate income, as required by
Southern Burlington County NAACP v. Township of Mount Laurel, 92 N.J.
158 (1983) ("Mount Laurel II") and the Fair Housing Act, N.J.S.A.
52:27D-301 et seq., and consistent with an amended order entered by
the Superior Court of New Jersey on October 30, 2017 and filed by
the court on November 1, 2017 which approved the settlement of a declaratory
judgment action filed by the Town of Westfield titled In re Town of
Westfield Compliance with Third Round Mount Laurel Affordable Housing
Obligations, Docket No. UNN-L-2391-15, (the "DJ Action") (the "Settlement
Approval Order"). These regulations are intended to implement the
Settlement Approval Order.
B.
Applicability. These regulations shall apply to the following properties
as shown on the Official Tax Map of the Town of Westfield:
|
Block
|
Lot
|
Address
|
|---|---|---|
|
3007
|
3
|
215 Ross Place
|
|
3007
|
4
|
209 Ross Place
|
|
3007
|
5
|
203 Ross Place
|
C.
Principal uses and structures. The following principal uses and structures
shall be permitted in the RP-AHO district:
1.
Multi-family residences in the form of four attached dwellings
in one building in which each unit has two open-space exposures and
shares two walls with adjoining units, otherwise known as a quadruplex.
2.
Two-family residences in the form of two attached dwellings
in one building separated from each other by an unpierced wall extending
from basement to roof, otherwise known as a duplex.
3.
Existing permitted uses, permitted by the underlying zone district.
4.
Development of a site in the RP-AHO is permitted for either
a permitted use authorized pursuant to the underlying zone or in the
alternative, a use permitted by the overlay zone, but not both.
D.
Accessory uses and structures. The following accessory uses and structures
shall be permitted in the RP-AHO zone district:
F.
Bulk and lot regulations. Development of property within this district
shall be substantially in conformance with the attached Exhibit A
- Concept Plan 22, and Exhibit B - Architectural Elevations, including
building footprint, building orientation, building setbacks, building
height, and architectural design. The following bulk and lot regulations
shall apply to all developments within the RP-AHO zone district:
1.
Minimum tract area. There shall be a minimum tract area of one
acre.
3.
Yard and height requirements.
|
Building 1
|
Building 2
|
Building 3
| |
|---|---|---|---|
|
Minimum front yard
|
17 feet
|
12 feet
|
38 feet
|
|
Minimum street side yard
|
29 feet
|
NA
|
NA
|
|
Minimum side yard
|
NA
|
NA
|
10 feet
|
|
Minimum rear yard
|
16 feet
|
11 feet
|
180 feet
|
|
Maximum building height
|
2.5 stories, but not more than 32 3/4 feet in height
|
2.5 stories, but not more than 32 3/4 feet in height
|
2.5 stories, but not more than 32 3/4 feet in height
|
4.
Minimum distance between buildings: 32 feet.
5.
Maximum coverage by buildings and other structures. No more
than 40% of the total area of all parcels in the RP-AHO zone shall
be covered by buildings and above-grade structures. Earthen flood
detention basins as defined herein shall not be considered as a building
or structure for purposes of computing this coverage.
6.
Maximum coverage by improvements. No more than 75% of the total
area of all parcels in the RP-AHO zone shall be covered by physical
improvements, including, but not limited to, buildings; above-grade
structures; and at-grade structures including, but not limited to,
sidewalks, parking areas, patios, driveways, swimming pools, etc.
7.
Maximum density. The maximum density shall be 10 dwelling units.
8.
Floor area requirements. The minimum floor area provisions of
Article 12 of the Town of Westfield Land Use Ordinance § 12.04D
shall not apply to the RP-AHO zone district, nor shall there be any
maximum floor area ratio requirements applicable to the RP-AHO zone
district.
9.
Number of principal buildings or structures. No more than three
principal buildings or structures are permitted.
10.
Maximum building mass along building sidewalls. The maximum
continuous length for building side walls shall be limited to 25 feet.
For the purpose of administering this provision, any exterior wall
that is offset in plane for a depth of two feet or greater shall be
construed as a separate wall. In addition, a minimum of 5% of the
total square footage of each sidewall is to be made up of windows.
11.
Minimum garage space. Each dwelling shall have a one-car garage.
G.
Design standards.
1.
Architectural design shall be substantially similar in design
and aesthetics with the attached Exhibit B - Architectural Elevations.
Final elevations shall be subject to the approval of the Planning
Board.
2.
Exterior colors shall be different for each of the three buildings.
3.
The buildings shall be designed and constructed so as to appear
as single-family homes to the greatest extent possible.
4.
Excessive uniformity in design of buildings is prohibited and
development shall comply with the provisions set forth in § 12.11.B.
in this regard.
5.
The Design Standards set forth in § 10.15 shall apply.
6.
The use of vinyl siding as an exterior wall material is prohibited.
7.
No access shall be permitted through the bay windows currently
shown on the "Left Side Elevation" of Building Number 3 found in Exhibit
B - Architectural Elevations.
H.
Parking. A minimum of 22 parking spaces shall be provided on site. All parking and driveway improvements shall comply with the provision of the Residential Site Improvement Standards (RSIS), except that the minimum number of parking spaces shall be as listed above. In addition, development of all property within this zone shall be in compliance with the following provisions of Article 17 of the Town of Westfield Land Use Ordinance §§ 17.05B and C, 17.06, 17.07, 17.08, 17.09, 17.10, 17.11, 17.12 and 17.13. The parking space depth requirement in § 17.04A for spaces with no curb overhang shall not apply to the RP-AHO zone district.
I.
Yard location and minimum setbacks for parking areas. Off-street
parking areas shall be located substantially in conformance with Exhibit
A - Concept Plan 22, and parking areas shall be set back at least
five feet from property lines.
J.
Affordable housing requirements. In accordance with the settlement
agreement, a payment of $111,000 into the Town's affordable housing
trust fund in lieu of construction of affordable housing units shall
be made. The in-lieu-of payment of $111,000 shall be made to the Town
as follows: $55,500 prior to and as a condition precedent to the issuance
of zoning and construction permits; and $55,500 prior to and as a
condition precedent to the issuance of the certificate of occupancy
for the fifth housing unit in the project.
K.
Other regulations. In addition to the above requirements, any development
in the RP-AHO district must comply with all applicable regulations
of this ordinance including, but not limited to, the following:
1.
The general provisions of Article 12, except as regulated herein;
4.
The landscaping and site improvement requirements set forth
in Article 10 subject to the approval of the Planning Board during
the site plan approval process.
|
|
Building #1
|
Building #1
|
Building #2
|
Building #2
|
Building #3
|
Building #3
|
Building #3
|
Building #3
|
