Bergenfield City Zoning Code
ARTICLE VIIA
B-1 AHO and B-2 AHO Affordable Housing Overlay Zones
§ 186-63.1 Objectives.
The provisions of this article are intended to foster the planning and redevelopment of the above-noted Washington Avenue properties[1] into a vibrant mixed-use development and to promote the health, safety, and general welfare of the public and the Borough of Bergenfield through the utilization of overlay zoning techniques, encouraging the construction of inclusionary housing consistent with smart growth design principles by supplementing the existing B-1 and B-2 Zone regulations which continue to remain in effect.
[1]
Editor's Note: See Ord. No. 19-2556 for amendments to the Zoning Map.
§ 186-63.2 Design requirements.
All mixed-use inclusionary developments shall comply with the following design requirements and standards.
A.
Area and bulk standards. Schedule B of the Bergenfield Zoning Ordinance is hereby amended through the addition of the following two new rows.[1]
[1]
Editor's Note: Schedule B is included as an attachment to this chapter.
B.
The intent in adopting the B-1 Affordable Housing Overlay Zone and B-2 Affordable Housing Overlay Zone is to maximize development opportunities to locate inclusionary housing in upper floors in both existing and new buildings. Residential development is expressly prohibited in the first floor of any building with frontage upon Washington Avenue. Upper floor elevations, regardless if existing or proposed, are permitted to be occupied residentially.
C.
Affordable housing, as defined in N.J.A.C. 5:80-26.2, shall be developed in accordance with the price stratification and bedroom distribution as required by N.J.A.C. 5:93.
§ 186-63.3 Yards.
All new buildings shall comply with the appropriate setbacks and coverages as detailed on Schedule B.[1] In the B-1 Affordable Housing Overlay Zone or the B-2 Affordable Housing Overlay Zone, buildings with nonconforming setbacks shall be permitted upper story expansion if exclusively designed for and occupied as an inclusionary development, provided that the upper floor(s) setback is not less than the existing nonconforming building and, post-expansion, the property will comply with all coverage limitations as required in Schedule B.
[1]
Editor's Note: Schedule B is included as an attachment to this chapter.
§ 186-63.4 Miscellaneous provisions.
A.
Density as defined in N.J.S.A. 40-55D-4 shall not exceed 20 dwelling units per acre, regardless if the resultant housing is to be offered for sale or as rental units. The minimum affordable housing set-aside shall be a minimum of 20%, regardless if affordable units are to be offered for sale or for rent.
[Amended 4-19-2022 by Ord. No. 22-2598]
B.
If the affordable housing set-aside calculation results in a fraction, all fractions of greater than 0.5 shall be rounded up, those less than 0.5 shall be rounded down, with the developer required to make a payment-in-lieu for the remaining fractional amount of the housing obligation.
[Amended 4-19-2022 by Ord. No. 22-2598]
C.
Occupancy of affordable dwellings shall be limited to income-qualified households, marketed, priced and deed restricted in compliance with all applicable regulations promulgated by the State of New Jersey or in accordance with any requirements established by court order.
D.
Maximum building height shall not exceed three stories or 40 feet.