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Borough of Matawan, NJ
Monmouth County
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Table of Contents
Table of Contents
[Ord. No. 98-21 § 304-62; Ord. No. 09-04 § 2]
a. 
Permitted Principal Uses.
1. 
Single-family detached dwellings.
2. 
The offices of a member of a recognized profession who is in residence on the lot and provided that not more than 25% of the habitable floor area is in office space.
3. 
Public parks, playgrounds and recreational facilities, including incidental parking areas.
4. 
Such municipal buildings, schools or other municipal facilities deemed necessary and appropriate by the Governing Body.
b. 
Permitted Accessory Uses.
1. 
Private garages.
2. 
Private swimming pools for residential use.
3. 
Any use or structure customarily incidental to a principal permitted use.
c. 
Conditional Uses.
1. 
Eleemosynary, charitable and philanthropic institutions as per Section 34-81.
2. 
Houses of worship as per Section 34-76.
3. 
Parochial and private schools as per Section 34-79.
4. 
Private membership clubs being limited to organizations catering exclusively to members and their guests, or premises and buildings for recreational or athletic purposes which are not conducted primarily for gain, provided that there are not conducted any vending stands, merchandising or commercial activities, except as required generally for the membership and purposes of such club.
5. 
Necessary public utilities and services as per Section 34-77.
6. 
Cluster development as per Section 34-75.
7. 
Residential solariums.
d. 
Off-Street Parking. See Section 34-43.
e. 
Signs. See Section 34-44.
f. 
Lot Area and Yard Requirements. See Section 34-60.
[Ord. No. 98-21 § 304-63]
a. 
Permitted principal uses. All uses permitted in Section 34-62a.
b. 
Permitted accessory uses. All uses permitted in Section 34-62b.
c. 
Conditional Uses.
1. 
Eleemosynary, charitable and philanthropic institutions as per Section 34-81.
2. 
Houses of worship as per Section 34-76.
3. 
Parochial and private schools as per Section 34-79.
4. 
Private membership clubs or premises and buildings for recreational or athletic purposes under the same conditions for such uses as required in the R-100 District. [See Section 34-62c4.]
5. 
Necessary public utilities and services as per Section 34-77.
d. 
Off-Street Parking. See Section 34-43.
e. 
Signs. See Section 34-44. In addition, signs for residential uses shall be subject to Section 34-44q and signs for business uses, excepting home occupations, shall be subject to Section 34-44r.
f. 
Lot Area and Yard Requirements. See Section 34-60.
[Ord. No. 98-21 § 304-64]
a. 
Permitted principal uses. All uses permitted in Section 34-62a.
b. 
Permitted accessory uses. All uses permitted in Section 34-62b.
c. 
Conditional uses. All uses permitted in Section 34-62c.
d. 
Off-Street Parking. See Section 34-43.
e. 
Signs. See Section 34-44.
f. 
Lot Area and Yard Requirements. See Section 34-60.
[Ord. No. 98-21 § 304-65]
a. 
Permitted Principal Uses.
1. 
All uses permitted in the Residential R-100 District under the same conditions and requirements as specified for the R-100 Residential District.
2. 
A garden apartment development, as defined in this chapter, under the following conditions:
(a) 
A site plan in accordance with Article III, Site Plan Review, of this chapter shall be submitted to the Unified Planning Board for approval.
(b) 
In evaluating the site plan, the following requirements shall be met:
(1) 
There shall be a minimum lot area requirement of not less than three acres, calculated between property lines. All lot area requirements are for sound, usable land.
(2) 
Lot coverage shall not exceed 25%.
(3) 
The number of apartments per net usable acre shall not exceed 14.
(4) 
A maximum of 16 families shall be contained in one grouping of units. However, when front and rear entrances are provided for all apartments, a maximum of 32 families may be contained in one such grouping of units.
(5) 
The height of the habitable portion of the apartments shall not exceed two stories, and total heights shall not exceed two and one-half (2 1/2) stories. No building shall be erected to a height in excess of 35 feet.
(6) 
Accessory structures shall not exceed one and one-half (1 1/2) stories of 15 feet in height and shall meet the same setback, side yard and rear yard requirements as main apartment buildings.
(7) 
Apartment buildings and accessory buildings shall be of colonial or contemporary type architecture with A or hip roof, with exterior surface walls of brick and wood or other acceptable materials, subject to final aesthetic approval of the Unified Planning Board.
(8) 
Exterior surface walls of wood or other acceptable construction other than brick may not exceed 20% of the total exterior of each unit.
(9) 
Every apartment house shall be designed to provide not less than two exterior wall exposures for each dwelling unit, such walls to be pierced by windows so as to provide either through ventilation or corner-ventilation. In the event such apartment house is designed to provide air conditioning for all dwelling units therein, only single wall exterior window exposure shall be required for each dwelling unit.
(10) 
Minimum yard requirements shall be 75 feet for front yards (setback) on existing Borough streets and 35 feet on interior streets, 35 feet for side yards, except 30 feet on a corner lot, and 25 feet for rear yards, except 100 feet if facing an exterior street.
(11) 
No outside area or equipment shall be provided for the hanging of laundry or for the outside airing of laundry in any manner. Sufficient area and equipment suitably located shall be made available within the project for the laundering and artificial drying of laundry of the occupants of the apartments.
(12) 
All electric and telephone utility service connections from existing streets or nearest points of access outside the premises shall be installed underground, and prior to the granting of final approval by the Unified Planning Board, applicant shall submit a written instrument from each serving utility evidencing compliance with the provisions of this subsection.
(13) 
Each multifamily apartment project shall provide a playground area or areas at a rate of 50 square feet per each dwelling unit.
(14) 
The entire area of any multifamily apartment project shall be attractively landscaped and seeded.
(15) 
Each apartment shall have individual kitchen and bathroom facilities, living room, dining area and one or two bedrooms as provided in paragraph a2b16 which follows.
(16) 
A maximum of 20% of all apartments may have two bedrooms. Minimum floor area for apartments will be as follows:
(i) 
One-bedroom apartments shall have a minimum of 700 square feet of habitable floor area.
(ii) 
Two-bedroom apartments shall have a minimum of 900 square feet of habitable floor area.
(17) 
No part of any accessory building shall be used for living purposes.
(18) 
Connecting arteries must be of suitable size to accommodate traffic flow generated.
(19) 
Interior roads shall be paved 30 feet between curbs, exclusive of parking.
(20) 
A maximum of one garage per unit shall be permitted. The minimum number of parking spaces to be provided in garages or open parking areas shall be for one and one-half (1 1/2) cars for each dwelling unit. An open parking space for one passenger automobile shall have a minimum width of nine feet, a minimum length of 20 feet and a minimum area of 180 square feet, exclusive of driveways and maneuvering areas. Maneuvering areas in open parking areas shall have a minimum of 25 feet in width. Garages shall be a minimum of 10 feet clear in width and a minimum of 20 feet clear in length. Maneuvering areas in front of garages shall have a minimum of 30 feet in width. Parking areas shall not be constructed any closer than 10 feet to a property line. Each group of attached garages shall have a joint capacity of not more than 10 automobiles arranged in a row and there shall be a minimum distance of 10 feet between such structures. Suitable screening shall be provided where needed.
(21) 
The occupancy shall be entirely residential and only noncommercial facilities for recreation or social activities may be provided solely for the residents of the project, same not to be operated for profit.
(22) 
Any garden apartment project must be connected with the water and sewer system of the Borough and an opinion will be required of the Borough Engineer indicating that the water and sewer facilities are adequate to accommodate the project.
(23) 
In the layout of garden apartment houses on a tract or lot of land, the following minimum distances shall be maintained:
(i) 
Between all main buildings and detached accessory buildings: 35 feet.
(ii) 
Between ends of all buildings where walls are parallel to each other: 30 feet.
(iii) 
Between ends of all buildings where walls are parallel to each other and driveways occur: 35 feet.
(iv) 
From the front facade of a building to the front facade of an opposite building: 75 feet.
(v) 
From the rear facade of a building to the rear facade of an opposite building: 75 feet.
(vi) 
From the front facade of a building to the side wall of an adjoining building: 20 feet.
(vii) 
The front facade of a building shall not overlap the side wall of an opposite building by more than eight feet, unless the buildings are joined together. In no case shall windows in any wall be obstructed by any abutting walls.
(viii) 
The requirements set forth in paragraph a2b23 may be varied by an amount not to exceed 20% in order to accommodate aesthetic and topographical conditions and circumstances.
b. 
Signs. See Section 34-44.
[Ord. No. 07-12]
a. 
Permitted Principal Uses.
1. 
A cluster-style multifamily dwelling unit development subject to the following requirements:
(a) 
A site plan in accordance with Article III, Site Plan Review, of this chapter shall be submitted to the Unified Planning Board for approval.
(b) 
In evaluating the site plan, the following requirements shall be met:
(1) 
There shall be a minimum lot area of not less than five acres, calculated between property lines.
(2) 
Lot coverage shall not exceed 25%.
(3) 
The number of cluster-style multifamily units per gross acre shall not exceed 14.
(4) 
A maximum of 24 units shall be contained in a building.
(5) 
The height of the habitable portion of a dwelling unit shall not exceed three stories. No building shall exceed 45 feet in height as defined in Section 34-3.
(6) 
Accessory structures shall not exceed one and one-half (1 1/2) stories or 15 feet in height and shall meet the same setback, side yard and rear yard requirements as the principal building.
(7) 
Minimum yard requirements shall be 35 feet for front yards (setback) on existing Borough streets and 10 feet on private parking loop streets or parking areas, 25 feet for side and rear yards.
(8) 
All electric and telephone utility service connections from existing streets or nearest points of access outside the premises shall be installed underground.
(9) 
The entire area of a cluster style multifamily project shall be attractively landscaped and seeded.
(10) 
No part of any accessory building shall be used for living purposes.
(11) 
Interior parking loop streets shall provide a paved traveled way of 24 feet, exclusive of parking.
(12) 
Parking space requirements, design and construction criteria shall meet Residential Site Improvement Standards.
(13) 
The occupancy of a project shall be entirely residential and only noncommercial facilities for recreation or social activities may be provided solely for the residents of the project.
(14) 
Any cluster-style multifamily project must be connected with the water and sewer system of the Borough.
(15) 
In the layout of a cluster style multifamily project on a tract or lot of land, the following minimum distances between buildings shall be maintained:
(i) 
Between all main buildings and detached accessory buildings: 35 feet.
(ii) 
Between building walls where walls are parallel to each other: 50 feet; where building walls are set on an angle to one another, the closest building corners may be 30 feet provided there is an average of 50 feet between the facing building walls.
(iii) 
Between ends of all buildings where walls are parallel to each other and driveways occur: 35 feet.
(iv) 
From the front facade of a building facing a parking area or an interior street to the front facade of an opposite building: 75 feet.
(v) 
From the rear facade of a building to the rear facade of an opposite building: 75 feet.
(vi) 
From the front or rear facade of a building to the sidewall of an adjoining building: 20 feet.
(c) 
20% of the total dwelling units that are the subject of a development application shall be low- and moderate-income units. 1/2 of the affordable units will be for moderate-income occupancy and 1/2 will be for low-income occupancy. In all other respects these affordable units shall meet current COAH regulations and Borough ordinances with respect to bedroom distribution, phasing, affordability controls, affirmative marketing and administration.
b. 
Signs. See Section 34-44.
[Ord. No. 98-21 § 304-66]
a. 
Permitted Principal Use. The permitted principal use shall be housing for persons at least 62 years of age, provided that the housing is constructed with a density of not more than 12 units per acre, which units shall be computed and located with reference to the entire tract and not on the basis of each individual acre; the housing is constructed on plots at least nine contiguous acres; and provided further that a site plan in accordance with Article III, Site Plan Review, of this chapter be submitted to the Unified Planning Board for approval, which site plan shall contain and be bound by the same additional information and requirements as required in Section 34-65a2, except that paragraphs a2b1 through (3) shall not be applicable, and paragraph a2b5 shall be limited to not more than two stories.
b. 
Permitted Accessory Uses.
1. 
Other uses and structures customarily incident to the principal permitted use.
2. 
Private parking.
c. 
Off-Street Par king. Off-street parking requirements shall be the same as those set forth in Section 34-65a2b20.
d. 
Signs. Section 34-44.
[Ord. No. 98-21 § 304-67; Ord. No. 07-29; Ord. No. 09-05]
a. 
Permitted Principal Uses.
1. 
All uses generally considered of a commercial, retail or business character but not including manufacturing as herein defined. Such permitted uses may include but are not limited to:
(a) 
Retail sales to a widely distributed clientele, such as antique or gift shops; new motor vehicle sales agencies and show rooms, associated repair shop and new motor vehicle lot, including accessory outdoor display of used motor vehicles, provided that the used motor vehicle lot shall be located on the same premises with the principal use; baked goods for retail sales only; drugs and pharmaceuticals, groceries, hardware; and meat and poultry, provided that no slaughtering of animals is performed on the premises.
(b) 
Professional offices, banks, commercial schools and clerical occupations of all kinds.
(c) 
Recreation and amusement facilities operated for private profit, such as bowling lanes, skating rinks and theaters.
(d) 
Services and service agencies, such as:
(1) 
Barber and beauty shops.
(2) 
Custom tailoring and dressmaking.
(3) 
Dry-cleaning services and dry cleaning retail establishments.
(4) 
Funeral homes and undertaking establishments.
(5) 
Garages and auto repair shops, provided that not more than two vehicles which are incapable of operation, use or repair are stored on the premises.
(6) 
Laundries and laundromats.
(7) 
Offices of contractors in the building trades, provided that no bulk storage of materials or equipment is permitted.
(8) 
Electrical repair establishments.
(9) 
Restaurants which shall be defined as an establishment where food and drink are prepared and/or served and consumed within the principal building, including sidewalk dining where allowed and takeout service without facilities for drive-through order and drive-through pickup. Lunch counters and delicatessens without seating shall be included within the definition of restaurants.
(10) 
Shoe repairing.
(11) 
New motor vehicle, motorized or utility trailer or motorcycle sales agency and show rooms, associated repair shop and new motor vehicle, motorized or utility trailer or motorcycle lot, including accessory outdoor display or used motor vehicles, motorized or utility trailers or motorcycles, provided that the used motor vehicle, motorized or utility trailer or motorcycle lot shall be located on the same premises with the principal use.
b. 
Permitted Accessory Uses.
1. 
Other uses and structures customarily incident to a principal permitted use.
2. 
Public and private parking.
c. 
Conditional Uses.
1. 
Gasoline or other motor fuel service or filling stations subject to the conditions specified in Section 34-78.
d. 
Off-Street Parking. See Section 34-43.
e. 
Signs. See Section 34-44.
f. 
Lot Area and Yard Requirements. See Section 34-60.
[Ord. No. 98-21 § 304-68]
a. 
Permitted Principal Uses.
1. 
All uses permitted in Section 34-67a.
2. 
Motels and nursing or convalescent homes.
b. 
Permitted Accessory Uses. Permitted accessory uses shall be the same as those set forth in Section 34-67b.
c. 
Off-Street Parking. See Section 34-43.
d. 
Signs. See Section 34-44.
e. 
Lot Area and Yard Requirements. See Section 34-60.
[Ord. No. 98-21 § 304-69]
a. 
Purpose. The purpose of the Downtown Preservation District is to promote the educational, cultural, economic and general welfare of the Borough pursuant to the provisions of N.J.S.A. 40:55D-1 et seq. The Downtown Preservation District gives special recognition to the unique characteristics of the designated area as they reflect the eighteenth- and nineteenth-century history, architecture, land use relationships and small village way of life. The creation of this district is an attempt to retain and preserve any structures and sites of historic significance whose age and character, both individually and collectively, create the tone and character of the designated area. These regulations are intended to prevent any construction, demolition or exterior alteration which would injure, depreciate or conflict with the tone and character of the district.
b. 
Permitted Principal Uses. Professional offices as defined in Section 34-3 of this chapter and single-family dwellings.
c. 
Permitted Accessory Uses.
1. 
Other uses and structures customarily incident to a principal permitted use.
2. 
Public and private parking.
d. 
Off-Street Parking. See Section 34-43.
e. 
Signs. See Section 34-44.
f. 
Lot Area and Yard Requirements. See Section 34-60.
g. 
Architectural Review; Requirements.
1. 
Any new building or structure or any extension, addition or alteration or any demolition within the Downtown Preservation District shall require that all architectural design features are in keeping with the existing historic village atmosphere. The Board shall utilize an advisory committee of historians, architects or other disciplines in reaching a decision and shall also be empowered to engage experts as deemed necessary and as permitted by budgetary considerations. The Unified Planning Board and its advisory committee shall give consideration to the following:
(a) 
The historical or architectural value and significance of the building or structure and its relationship to the historic value of the surrounding area.
(b) 
The general compatibility of exterior design, arrangement and materials proposed to be used.
(c) 
Any other factor, including aesthetics, which it deems pertinent.
2. 
The Unified Planning Board shall not disapprove applications pursuant to this section except in regard to the considerations as set forth in paragraphs g1, 2 and 3 above. It is the intent of this section that alterations or repairs on, and additions to historic and architecturally significant buildings and structures be made in the spirit of their architectural style. Criteria for evaluation of historic buildings and structures shall be those developed by the National Trust for Historic Preservation.
h. 
No conversion from a residential use to an office use shall be permitted unless the applicant can clearly demonstrate that off-street parking will be provided as required in Section 34-43.
[Ord. No. 98-21 § 304-70; Ord. No. 12-07]
a. 
Permitted Principal Uses.
1. 
Retail business establishments limited to the following: hardware, paint, glass and wallpaper stores; department stores and variety stores; dry goods stores; food stores, dairy stores and retail stores; apparel and accessories stores; furniture, home furnishings and equipment stores; radio, television and music stores; restaurants and taverns, but not including drive-in refreshment stands where food, drink and confections are served outside of the buildings or where food is intended to be consumed in cars parking on the premises; drug stores; liquor stores; antique stores; book and stationery stores; sporting goods, bicycle and hobby stores; jewelry stores; cigar stores and news dealers; camera and art stores; luggage and leather goods stores; franchised new motor vehicle dealers which provide not less than 2,000 square feet of interior floor space devoted to display of new motor vehicles and appropriate space for service, parts and office facilities; and farm and garden supply stores, provided that no merchandise is displayed or stored outside of a fully enclosed building.
2. 
Personal service establishments limited to the following: banks and fiduciary establishments; credit agencies, security and commodity brokers; real estate and insurance offices; holding and investment company offices; laundry and dry cleaning pickup stores; photographic stores; tattoo parlors, barber and beauty shops, shoe repair shops; garment pressing, alterations and repair shops; miscellaneous repair shops other than automotive; motion picture theater other than outdoor; dance studios and schools; medical and health services, excluding veterinarian services; legal services; engineering and architectural services; accounting and bookkeeping offices; business offices; funeral homes; electrical supply stores; nonprofit clubs, lodges and fraternal, civil service or charitable organizations; and order centers or stores.
3. 
Public or quasi-public areas, such as municipal parks, playgrounds, buildings and uses deemed appropriate and necessary by the Borough Council, and churches, synagogues and other religious buildings and uses for worship but excluding schools and auditoriums.
4. 
Retail sale commercial activity for Class 5 cannabis products.
[Added 8-4-2021 by Ord. No. 21-13]
b. 
Permitted Accessory Uses.
1. 
Other uses and structures customarily incident to a principal permitted use.
2. 
Public and private parking.
c. 
Conditional and Prohibited Uses.
1. 
Conditional Uses.
(a) 
Necessary public utilities and services as per Section 34-77.
(b) 
Hospitals as per Section 34-80.
(c) 
Eleemosynary, charitable and philanthropic institutions as per Section 34-81.
2. 
Prohibited Uses.
(a) 
Correctional or detention centers.
d. 
Off-Street Parking. In addition to the provisions of Section 34-43, the following provisions shall be adopted as the required Highway Improvement District parking regulations of the Borough.
1. 
Parking facilities may be located in any required yard space but shall not be less than 10 feet from any street line. Ingress and egress to the parking area shall be a minimum of 15 feet and a maximum of 30 feet in width and shall not cause a hazardous condition to exist. The area shall be illuminated during operating hours if they occur after sunset. The illumination shall be shielded from streets and adjoining residential properties, if any.
2. 
All parking spaces provided for business uses in this section may be located on a lot within 400 feet of the public entrances of the building they are intended to serve, but only if it is determined by the Unified Planning Board that it is impractical to provide the required parking spaces on the same lot with the building they are intended to serve.
3. 
Nothing in this chapter shall be construed to prevent collective provision of off-street parking facilities by two or more buildings or uses located on adjacent lots, provided that the total of such off-street parking facilities shall not be less than the sum of the requirements for the various individual uses computed separately in accordance with the standards contained in Section 34-43.
4. 
All off-street parking areas shall be hard-surfaced with a bituminous concrete or concrete pavement and graded and drained as approved by the Borough Engineer.
5. 
Parking shall be subject to Unified Planning Board site plan review as stated elsewhere in this chapter.
e. 
Landscaping and Buffer.
1. 
Landscaping, consisting of attractive trees, shrubs, plants, natural or synthetic grass lawns and decorative stone or rock gardens within the Highway Improvement Districts, shall be shown on site plans and shall be maintained as required in this chapter.
2. 
Wherever a parking plan in the Highway Improvement District has a capacity of 100 or more cars, a landscaping plan shall be submitted with the site plan to the Unified Planning Board indicating a minimum of 5% of the total land area for parking maintained in decorative landscaping, such as planting islands or focal points.
3. 
Wherever a use permitted in the Highway Improvement District abuts a residential zone, a solid and continuous landscape screen shall be required as per Section 34-41. In addition, the following buffer requirements shall apply in the HI District:
(a) 
In the event that the width of the parcel at the building line exceeds 100 feet and adjoins a residential property, the buffer area shall be increased by 10% of the footage exceeding the initial 100 feet at the building line to a maximum buffer of 50 feet.
(b) 
In the event that the average depth of the parcel exceeds 200 feet and adjoins a residential property, the buffer area shall be increased by 10% or the average depth exceeding the initial 200 feet to a maximum buffer area of 50 feet.
(c) 
In addition to such buffer planting, the applicant or owner shall erect on the buffer area a fence six feet in height for the purpose of protecting the residential property from litter, debris, light glare and other such nuisances that would disturb the enjoyment and peaceful possession of the residential property. Such fence shall not be less than 75% solid and shall be located only as shown on the site plan approved by the Unified Planning Board.
4. 
Guaranties.
(a) 
Whenever landscaping, seeding and/or buffer area planting is required under this subsection, or any section of this chapter or by an approval of the Unified Planning Board or Borough Council, as the case may be, the same shall be planted prior to the issuance of the Certificate of Occupancy for the use on the property; provided, however, that when the season or weather conditions do not permit such plantings to coincide with the completion of the buildings or structures, same shall be accomplished with a time to be specified in the issuance of such Certificate of Occupancy, based upon the season of the year when issued.
(b) 
No Certificate of Occupancy shall be issued for any use requiring landscaping, seeding and/or planted buffer area under this chapter, or as a condition of any approval under this chapter, unless the owner shall have filed with the Borough the performance guaranties herein required, sufficient in amount to cover the costs of such required plantings, including replacement thereof and maintenance thereof for a two-year period.
(c) 
10% of the total estimated costs of all such plantings, as aforesaid, shall be deposited in cash or equivalent with the Borough Treasurer, conditioned upon the proper planting and seeding (where such has not already taken place) and maintenance for a period of two years, and/or assurance that the same will survive two growing seasons or be replaced if same should die within such time. Such deposit, or any portion thereof in an amount as certified by the Borough Engineer and approved by the Borough Council may be expended by the Borough if the owner shall fail within 30 days after written notice to make such plantings, or replace dead or dying trees or shrubs, as the case may be, or to provide additional plantings which are deemed necessary to meet the requirements of such approval. The Borough shall be obligated to return only the unexpended portion of the deposit to the applicant upon the completion of all required plantings and survival through two growing seasons, as aforesaid.
(d) 
The balance of the performance guaranty may be in the form of a performance bond, which shall be issued by a bonding or surety company approved by the Borough Council, a certified check or cash deposit or any other type of surety acceptable to the Borough Council and approved as to form by the Borough Attorney.
(e) 
The posting of a performance guaranty as set forth above shall not relieve the owner from the obligation to perform nor shall such guaranty preclude the Borough from revocation of the Certificate of Occupancy where the owner fails to perform.
5. 
In the event of a discrepancy between the buffer requirements of this section and Section 34-41, the more stringent regulation shall apply.
f. 
Fences.
1. 
Where fences are to be installed as part of an initial application involving a building or other structures, the same shall be shown on the site plan, and the nature of the proposed fence shall be described.
2. 
Barbed wire and electricity charged fences are specifically prohibited, however, barbed wire may be permitted to be installed above a height of six feet on customary security type fences, if permission therefor is specifically granted by the appropriate authorities.
3. 
All fences must be erected within the property lines, and no fences shall be erected so as to encroach upon a public right-of-way.
4. 
Every fence shall be maintained in a safe, sound, upright condition.
5. 
Spite fences are specifically prohibited, as are fences made from used or discarded materials not usually associated with fences, such as but not limited to doors, old lumber and the like.
g. 
Signs. See Section 34-44.
h. 
Driveways. The following standards shall apply for driveways within the Highway Improvement District.
1. 
Driveways shall enter the road system as nearly as possible to ninety (90°) degrees.
2. 
The number of driveways provided for the site directly to any road shall be as follows:
(a) 
For a length of site frontage of less than 300 feet, there shall be no more than two driveways.
(b) 
For a length of site frontage 300 feet or more, the number of driveways shall be specified by the Borough Unified Planning Board, upon receipt of advice of the Borough Engineer.
3. 
All entrance and exit driveways to the road shall be located to afford maximum safety to traffic on the road.
4. 
Where a site occupies a corner of two intersecting roads, no driveway entrance or exit may be located within 50 feet of the intersection of the curb lines when extended.
5. 
No part of any driveway may be located within five feet of a side property line. However, upon application to the Unified Planning Board and upon approval of the design by the Borough Engineer, the Unified Planning Board may permit a driveway serving two or more adjacent sites to be located on or within five feet of a side property line between the adjacent site.
6. 
Where two or more driveways connect a single site to any one road, a minimum clear distance of 25 feet measured along the right-of-way line shall separate the closest edges of any two such driveways.
7. 
For a driveway having a two-way operation, the driveway will intersect the road at an angle as near ninety (90°) degrees as site conditions will permit, and in no case will be less than sixty (60°) degrees.
i. 
Buffer.
1. 
There shall be a twenty-foot buffer area along any side line or rear line which abuts the residential zone. If the area is substantially screened by natural trees and growth, the same shall be left in its natural state. If the area is not substantially screened in its natural state, it shall be planted with shrubs and trees so as to provide an adequate screen from the residential properties.
2. 
In the event the width of the parcel at the building line exceeds 100 feet and adjoins a residential property, the buffer area shall be increased by 10% of the footage exceeding the initial 100 feet at the building line to a maximum buffer of 50 feet.
3. 
In the event the average depth of the parcel exceeds 200 feet and adjoins a residential property, the buffer area shall be increased by 10% or the average depth exceeding the initial 200 feet to a maximum buffer area of 50 feet.
j. 
Lot Area and Yard Requirements. See Section 34-60.
k. 
Abandonment.
1. 
If a nonconforming use of land, premises, building or structure, or any part or portion thereof, has been terminated or discontinued for a period of two years, such nonconforming use shall not thereafter be reestablished, and all future use shall be in conformity with the provisions of this chapter. Such termination or discontinuance of the active and continuous operation of such nonconforming use, or a part or portion thereof, for such period of two years shall be presumed to be an abandonment of such nonconforming use, regardless of any reservation of an intent not to abandon same or of an intent to resume active operations.
2. 
If actual abandonment in fact is evidenced by the substantial removal of buildings, structures, machinery, equipment and other evidences of such nonconforming use of the land and premises, the abandonment shall be construed and considered to be completed within a period of less than two years, and all rights to reestablish or continue such nonconforming use shall thereupon terminate.
[Ord. No. 98-21 § 304-71]
a. 
Permitted Principal Uses.
1. 
All business and commercial uses permitted in the GB General Business District.
2. 
Public utility and service activities of an industrial character, such as repair and maintenance yards, storage facilities, depots and stations, classification yards or roundhouses.
3. 
Activities of an industrial nature which may include the fabrication, processing or assembly of goods and materials or the storage of bulk goods and materials, provided that no nuisance or hazard may occur beyond the limits of the lot occupied by such activity from fire or explosion, toxic or corrosive fumes, gas, smoke, odors, flashes or objectionable effluent. Such permitted uses may include:
(a) 
Public garages, automotive repair shops, truck terminals and used car lots and sales.
(b) 
Storage warehouses and lumber yards.
(c) 
Laundry, cleaning and dyeing work and carpet and rug cleaning.
(d) 
The manufacture, compounding, processing, packaging or treatment of consumable products, such as beverages, food, candy, cosmetics, dairy products, drugs, ice, perfumes, pharmaceuticals, toilet supplies and similar products.
(e) 
The finishing or assembling of articles made from previously prepared or refined materials, such as wood, metal, plastics, glass, leather or shell.
(f) 
Blacksmith shop, metal-working or machine and welding shops or heavy machinery.
(g) 
Research laboratories.
(h) 
Office and clerical activities.
b. 
Permitted Accessory Uses.
1. 
Other uses and structures customarily incident to a principal permitted use.
2. 
Public and private parking.
3. 
Off-street parking and loading. See Section 34-43.
4. 
Signs. See Section 34-44.
5. 
Lot area and requirements. See Section 34-60.
6. 
Performance standards. See Section 34-45.
[Ord. No. 98-21 § 304-72]
a. 
Permitted Principal Uses.
1. 
All business and commercial uses permitted in the GB General Business District.
2. 
Business, professional and industrial offices.
3. 
Restaurants, not including fast-food restaurants.
4. 
Single or multilevel commercial parking lots.
5. 
Retail sale commercial activity for Class 5 cannabis products
[Added 8-4-2021 by Ord. No. 21-13]
b. 
Permitted Accessory Uses.
1. 
Other uses and structures customarily incident to a principal permitted use.
c. 
Off-Street Parking and Loading. See Section 34-43.
d. 
Signs. See Section 34-44.
e. 
Lot Area and Yard Requirements. See Section 34-60.
a. 
Permitted Principal Uses.
1. 
Professional offices.
2. 
Administrative, executive and editorial offices.
3. 
Medical and dental offices.
4. 
Banks and financial institutions.
5. 
Real estate and other general business offices.
b. 
Permitted Accessory Uses.
1. 
Other uses and structures customarily incident to a principal permitted use.
c. 
Off-Street Parking and Loading. See Section 34-43.
d. 
Signs. See Section 34-44.
e. 
Area and Yard Requirements. Lot area and yard requirements shall be as follows:
[Ord. No. 98-21 § 304-73]
Regulation
Requirement
Minimum lot size
3 acres
Minimum width
200 feet
Minimum depth
300 feet
Minimum front yard
60 feet
Minimum rear yard
50 feet
Minimum side yard
25 feet
Maximum lot coverage
30%
Maximum height
2 stories 30 feet
[Ord. No. 12-15 § 3]
a. 
Purpose. The purpose of the Mixed Use Development District is to promote the development of compact, self-contained, transit oriented, mixed use development that incorporates both non-residential and multifamily residential development compatible with adjoining residential, nonresidential and public areas.
b. 
General Requirements.
1. 
The Mixed Use Development District shall provide for an overall architectural theme for all buildings and site amenities, e.g. signage, lighting, and streetscape improvements, within the development, in accordance with the standards set forth in paragraph I below.
2. 
The layout of the Mixed Use Development District provides for internal pedestrian circulation and connection to off-site pedestrian features.
3. 
The Mixed Use Development District shall provide amenities and features to promote and encourage the use of non-automobile and public transportation, such as bicycle racks, taxi stops, bus shelters, commuter drop off areas, etc. The provision of shuttle service to the train station shall be required, and any approval of a mixed use development shall set forth standards and conditions for such service and the discontinuance of such service in the event of lack of ridership or other cause beyond the control of the owner.
4. 
All development within the Mixed Use Development District shall contain both a residential and nonresidential component. A minimum of 50% of the total floor area of the mixed use development shall be utilized for residential use.
c. 
Permitted Principal Uses.
1. 
Multifamily residential development in mixed use buildings only and further provided no living area shall be located on the ground level;
2. 
Municipal offices, civic centers, and community facilities;
3. 
Business and commercial uses as follows, provided that no individual nonresidential use or user within a mixed use building shall exceed 10,000 square feet in gross floor area:
(a) 
Retail sales limited to the following: prepared and packaged food; furniture and home furnishings; antiques; jewelry; electronics; books and stationery; drug stores; health and beauty products; music and musical instruments; clothing and accessories; and sporting goods;
(b) 
Personal service establishments limited to the following: real estate; insurance; banking and financial services; legal; engineering; architecture; accounting; medical; barber and beauty shops; credit agencies; servicing and repair of electronics; mail and shipping services, education and learning centers; and dance and martial arts schools;
(c) 
Banks and financial services;
(d) 
General business offices;
(e) 
Medical offices, excluding veterinarians;
(f) 
Restaurants, excluding drive-up and drive-through facilities; delicatessens;
(g) 
Government offices and services;
(h) 
Bars and taverns, but excluding nightclubs;
(i) 
Sports and fitness centers; and
(j) 
Child and adult day care facilities.
d. 
Permitted Accessory Uses and Structures.
1. 
Walls and fences;
2. 
Swimming pools;
3. 
Kiosks and sidewalk café seating;
4. 
Fountains and other decorative water features;
5. 
Flagpoles, clock towers, statues and other street art;
6. 
Bus shelter, taxi stops, bicycle racks, and features and structures appropriate to facilitate and promote public transportation; and
7. 
Necessary public utilities and services per Section 34-77.
e. 
Required Off-Street Parking.
1. 
Residential Uses. Per the New Jersey Residential Site Improvement Standards, NJAC 5:21-4.14(b).
2. 
Nonresidential uses. As specified in Section 34-43
3. 
Notwithstanding paragraphs 1 and 2 above, a shared parking approach may be permitted subject to the review and approval of the Board in accordance with the following:
(a) 
An applicant requesting approval of a shared parking approach shall prepare and submit a shared parking analysis report to the Board and its professionals for review. In preparing the analysis, the applicant shall follow the procedures for shared parking specified in the current edition of the Urban Land Institute (ULI), Shared Parking Manual and the Institute of Transportation Engineers (ITE) Parking Generation. The report shall evaluate and illustrate the temporal distribution of the parking demand for all the uses proposed and confirm that the peak parking demand can be fully met on-site or through an off-site parking agreement with the Borough or private entity, to be approved by the Board, for utilization of a parking lot or facility within an acceptable walking distance.
(b) 
For the purpose of calculating the peak parking demand for a shared parking approach, the minimum number of parking spaces for each residential use shall be as required pursuant to the New Jersey Residential Site Improvement Standards, NJAC 5:21-4.14(b).
(c) 
Any approval of a shared parking approach in conjunction with a site plan approval of a mixed use development shall be conditioned upon maintaining substantially the same mix of uses as originally approved. Any proposed change in use within a mixed use development, to a use with a higher parking requirement, as set forth in Section 34-43, shall require the submission and approval of a zoning permit. Said zoning permit application shall include a revised shared parking analysis report. The approval of the zoning permit by the Zoning Official shall be made only after a finding of the Borough Engineer that the peak parking demand can continue to be fully met consistent with the originally approved shared parking approach. The cost of the review of the revised shared parking analysis shall be borne by the applicant.
f. 
Signs: As specified in Section 34-44, except as otherwise provided in this section.
g. 
Bulk Requirements.
1. 
Principal Buildings:
(a) 
Minimum lot width: 100 feet
(b) 
Minimum front yard setback: 50 feet
(c) 
Minimum side yard setback: 25 feet; 50 feet to any lot line of a residential use, residential zone, or publicly owned property
(d) 
Minimum rear yard setback: 50 feet
(e) 
Maximum building height: five stories and 65 feet
(f) 
The following additional standards shall apply to mixed used buildings:
(1) 
The entire first floor area of the mixed use building shall be utilized for nonresidential uses with the exception of the following, which may serve the residential component: foyers; stairways; elevators; mechanical rooms; lounges; bicycle/storage lockers; mail room; meeting rooms; fitness/recreation rooms; and leasing or sales office and further provided such areas shall not exceed 15% of the total first floor area;
(2) 
A minimum of twelve and one-half (12.5%) percent of the total floor area and 85% of the first floor area of a mixed use building shall be utilized for business and commercial uses permitted pursuant to paragraph c3 of this section.
2. 
Accessory Buildings and Structures:
(a) 
Minimum front, side and rear yard setback: 10 feet
h. 
Additional Zoning Standards.
1. 
Minimum tract area for Mixed Use Development: four acres;
2. 
Maximum residential density: 20 dwelling units per acre;
3. 
Maximum building coverage: 30%; and
4. 
Maximum lot coverage: 80%.
i. 
Design Standards.
1. 
New buildings shall maintain a primary orientation to public streets both functionally and visually.
2. 
Mixed use buildings of three stories or greater shall provide elevator service.
3. 
Multiple buildings within a development shall maintain a consistent style/architectural theme utilizing common color schemes and materials. Architectural themes should be in keeping with village character of other areas within the Main Street area of the Borough, including Victorian, Colonial and Traditional.
4. 
All facades visible from adjoining properties shall include visually pleasing architectural features similar to the front façade of the building.
5. 
Buildings shall be designed to avoid exterior elevations from containing large expanses of blank or featureless walls. No building façade, as viewed from any public street or public parking area, shall have an unbroken horizontal length of greater than 60 feet without a break of a minimum of 12 inches. Balconettes (nonaccessible balconies for visual effect) are recommended on front and side façades. Balconies shall only be permitted on rear façades, and further provided, no balcony shall be located on any façade that faces a public street.
6. 
Mixed use buildings four or more stories in height, in addition to the required horizontal façade breaks above, shall provide one or more vertical breaks as viewed from any public street.
7. 
Roofs should be designed to reduce the apparent exterior mass of a building, add visual interest and be appropriate to the architectural style of the building. Dormers or other architectural features may be used to minimize the apparent mass of the buildings. Variations within an architectural style are highly encouraged. Overhanging eaves, sloped roofs and multiple roof elements are highly encouraged. Gabled, hip or combination roof types are permitted.
8. 
Heating and cooling equipment and other mechanical features shall be located to minimize visual and acoustical impacts.
9. 
Entranceways shall be in keeping with the architectural character of the building and shall be clearly and appropriately framed architecturally.
10. 
Covered entryways or porticos for building entrances facing the street are highly encouraged.
11. 
Nonresidential uses on the ground floor of mixed use buildings to the maximum extent practical shall incorporate window displays to stimulate interest and exposure of retail goods and services to pedestrians. Window glass of individual uses on the ground floor shall comprise a minimum of 40% of the building façade facing any public street or public parking area and shall be clear glass to provide unencumbered views to window displays. Tinted glass is prohibited.
12. 
No unit shall have more than two bedrooms and a minimum of 40% of the units shall be one bedroom units.
13. 
Each dwelling unit in a mixed use building shall have a minimum floor area of 950 square feet.
14. 
Each dwelling unit in a mixed use building shall be provided with a minimum of 18 square feet of storage with a vertical height of a minimum of eight feet, exclusive of living area closet space.
15. 
The design of any mixed use building shall include ground floor bicycle/storage lockers assignable to a significant percentage of the units/residents. Such percentage shall be subject to the approval of the Board.