A.

Permitted Principal Uses:

1.

Single family detached dwellings.

2.

Municipal buildings, parks, playgrounds, and other governmental uses.

B.

Permitted Accessory Uses:

1.

Detached private garage.

2.

Private residential outdoor sports court.

3.

Private residential swimming pool.

4.

Storage sheds providing the total area of the sheds does not exceed one hundred (100) square feet.

5.

Playhouses providing the total area of the playhouses does not exceed one hundred (100) square feet.

6.

Private greenhouses not operated for profit providing the total area of the greenhouses does not exceed four hundred (400) square feet.

7.

Animal shelters for domestic pets providing the total area of the shelters does not exceed twenty-five (25) square feet.

8.

Dish Antenna - provided it is uncovered and:

a.

Conforms to rear and side yard setback requirements;

b.

Is not erected in a front yard or between the street line and a line drawn through the front facade of the principal building extended to the side lines;

c.

Has reflectors no larger than eight (8) feet in diameter; and

d.

Does not exceed nine (9) feet in height at the highest point of the structure in any position.

e.

No roof installations are permitted.

C.

Conditional Uses:

1.

Public utilities uses.

2.

Planned Development may be approved in the R-20 Zoning District at the request of the Developer and at the discretion of the Planning Board in order to carry out the objectives of the Master Plan with the standards set forth in Section 7.1.5.C.

3.

Planned Development may be approved in the R-15 Zoning District at the request of the Developer and at the discretion of the Planning Board in order to carry out the objectives of the Master Plan and Compliance Plan and in accordance with the provisions of Section 7.1.5.H.

D.

Height, Area, and Bulk Requirements:

1.

See Schedule of General Regulations.

2.

In addition to the requirements set forth in the Schedule of General Regulations, the following requirements shall be applicable to detached garage structures:

a.

The maximum height shall be one and onehalf (1½ stories but not to exceed twenty (20) feet,

b.

The floor area shall not exceed five hundred (500) square feet.

E.

Prohibited Uses - All Residential Zones

1.

Carports.

A.

Permitted Principal Uses:

1.

Retail Sales

2.

Personal and professional services

3.

Reserved.

4.

Mixed Use Structures combining retail sales or personal or professional service businesses on a portion of the ground floor and structured parking within an enclosed garage also occupying the ground floor, with residential uses on the upper floors, subject to the provisions of Subsections F and H herein. Residential uses on the ground floor shall be prohibited.

5.

Reserved.

6.

Public open spaces.

7.

Municipal Buildings, playgrounds, and other governmental uses.

8.

Theaters.

9.

General and professional offices.

10.

Medical offices.

11.

Houses of worship.

12.

Schools and childcare facilities.

B.

Permitted Accessory Uses and Structures:

1.

Parking.

2.

Common recreational facilities and/or public open spaces, including walkways, courtyards, plazas, alleys, gazebos, and similar facilities.

3.

Garbage, trash, and recycling facilities,

4.

Any use or structure customarily incidental and subordinate to the principal use and located on the same lot.

C.

Conditional Uses:

1.

Car wash facilities

D.

Prohibited Uses:

1.

Outside storage of vehicles, construction equipment or materials.

2.

Vending machines on private property on the outside of any structure.

3.

Smoke and vape shops.

4.

Drive-through facilities.

5.

Automotive repair facilities.

6.

Fuel service stations.

E.

Height, Area, and Bulk Requirements:

1.

See Schedule of General Regulations.

2.

The minimum building height shall be thirty (30) feet for all buildings in excess of one (1) story. One (1) story buildings shall be allowed only if they have a pitched roof, either hip or gable with a pitch greater than eight (8) on twelve (12) for the entire roof and further that all mechanical equipment is screened from adjacent buildings of greater height. The maximum building height for all buildings shall be three (3) stories, provided that the third (3 ^rd ) story is built into the roof of the building or structure to give the appearance of two and one-half (2½) stories at the street level, and shall not exceed thirty-six (36) feet. A three (3) story building with a flat roof shall be prohibited.

3.

Side yards shall apply to building walls at each story and shall consider the existing and potential relationship to adjacent structures. Side yards may be used for pedestrian access from rear yard parking where permitted by the Planning Board.

F.

Residential Regulations:

1.

Residential dwelling units are only permitted within the upper stories of a structure.

2.

The maximum density for residential uses shall be twenty (20) dwelling units per acre.

3.

Inclusionary Housing Component: Any project containing residential units shall meet the requirements of the Township's Affordable Housing Ordinances, applicable COAH regulations and the Court approved Settlement Agreement between the Township and Fair Share Housing Center ("FSHC") dated September 20, 2016, any applicable order of the Court and other applicable law.

a.

No fewer than twenty (20) percent of for-sale units or (15) percent of for rental units constructed shall be set aside as units affordable to very low, low, and moderate income households.

b.

Income Distribution: The income distribution for the affordable units in each project shall be as follows: no more than fifty (50) percent may be moderate income units, at least thirty-seven (37) percent shall be low income units and at least thirteen (13) percent shall be very low income units.

c.

Bedroom Mix: At least twenty (20) percent of the affordable units in each project shall be three (3) bedroom units; no more than twenty (20) percent of the affordable units in each project shall be efficiency and one (1) bedroom units; at least thirty (30) percent of the affordable units in each project shall be two (2) bedroom units; the balance may be two (2) or three (2)-bedroom units, at the discretion of the developer.

d.

The developer shall have an obligation to deed restrict the Affordable Units as very low, low, or moderate income affordable units for a period of at least thirty (30) years, until such time and under such conditions as the Township takes action to release the deed restriction, so that the Township may count the Affordable Units against its affordable housing obligation.

e.

All affordable units shall comply with the bedroom distribution requirements, income distribution requirements, pricing requirements, integration of affordable units' requirements, affirmative marketing requirements, candidate qualification and screening requirements and deed restriction requirements of the Township's Affordable Housing Ordinance.

f.

The developer/owner of the Affordable Units shall contract with an experienced and duly qualified administrative agent for the administration of the Affordable Units. The developer's/owner's administrative agent may either be the Township Administrative Agent or shall report to the Township Administrative Agent, and the developer/owner shall have the obligation to pay all costs associated with affirmatively marketing and deed restricting the Affordable Units, income qualifying residents, and maintaining compliance with the affordability controls on the Affordable Units in accordance with this Section and the Township's Affordable Housing Ordinance for the entirety of the Deed-Restriction Period. The developer and its administrative agent shall provide annual reports as required by the Township and the Township's Administrative Agent to enable the Township to comply with the affordable housing monitoring requirements of the Court.

G.

Outdoor Cafe Regulations.

1.

All outdoor dining areas shall allow a minimum of six (6) feet clear passage between the seats and/or tables and the curb or edge of sidewalk.

2.

There shall be no tables, chairs, or other obstructions placed in front of any driveway, parking lot entrance, alley, or other vehicular or pedestrian thoroughfare or passage way, or within twenty (20) feet of any fire exit from any building.

3.

Tables and chairs shall only be placed adjacent to the building in which the dining business is housed and must be on the same lot or parcel of land upon which such business is located.

4.

The food served at outside dining tables must be the same food served by the particular dining business for consumption indoors.

5.

There shall be no outdoor preparation of food.

6.

All Board of Health regulations and requirements must be satisfied prior to the commencement of any outdoor dining.

7.

All tables and chairs must be placed and maintained in a safe and orderly manner so as to not present a hazard to pedestrian and vehicular traffic.

8.

Tables and chairs may be left out of doors overnight but all other accessories must be placed inside the premises when the dining area is not open for use.

9.

Unless previously shown on an approved site plan, no outdoor dining area shall be permitted until a proposed plan is submitted to, and approved by, the Zoning Officer as being in compliance with this section and not negatively impacting any aspect of the approved site plan for the site.

10.

Nothing herein shall operate to permit outdoor dining when such use of the property is prohibited by the owner of the property or other rule or regulation. Nothing herein shall operate to vary, alter, or amend any rule or regulation relating to the sale or consumption of alcoholic beverages.

H.

Retail and Commercial Space Regulations:

1.

In connection with mixed-use residential/commercial development within the zone, the minimum gross square footage of the retail and/or service commercial floor area on the ground or first floor of any mixed-use building shall be no less than twenty (20) percent of the gross floor area of the largest floor of the building on any level. The retail and/or service commercial space shall be oriented to and located along the street frontage(s) of the property.

2.

Off-street parking spaces shall be allowed on the ground or first floor of a mixed use building provided that all such parking spaces shall be fully enclosed in a garage to the extent practicable.

3.

A mixed-use development containing ten (10) or greater total residential units shall dedicate a minimum of fifteen (15) percent of the gross floor area of the largest floor on any level for residential amenities such as, but not limited to, fitness centers, club rooms, office space and meeting rooms. The amenities may be located on any building level provided that the amenities are accessible to all residents of the project and further provided that such amenities shall be in addition to required retail and service commercial space.

I.

Other Provisions and Requirements.

1.

All projects shall comply with Part 19 - Design Standards and Article 19.5 - Standards and Guidelines for the Downtown.

2.

All projects shall comply with Part 11 - Parking, Driveways, and Loading Spaces. In addition to Part 11, the following standards shall apply:

a.

All parking shall be located on-site. On-street parallel parking shall be prohibited as a means of addressing required parking in this zone;

b.

Reserved.

c.

To the extent practicable, all parking on the ground of first floor level of the building shall be in an enclosed garage and the garage shall be constructed with the same types of building materials and finishes as the main portion of the building.

3.

All projects containing residential units shall include a dry storage area—located either on the ground of first floor level, or adjacent to common areas or trash rooms on each upper level with multifamily dwelling units. The dry storage area shall be a minimum of twenty (20) square feet in area per unit. A storage area shall have a ceiling height of not less than six (6) feet.

(Ord. No. 10-08, § 1, 6-26-2008; Ord. No. 10-2010, § 3, 8-10-2010; Ord. No. 9-2017, §§ 1, 2, 3-7-2017; Ord. No. 24-2017, § 1, 10-10-2017; Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

A.

Permitted Principal Uses:

1.

All uses permitted within the DD Zone.

2.

Single family homes and townhouses designed in structures with the character, scale, massing and design or large single family homes indigenous to the area. Multifamily dwelling units shall be permitted on the upper floors in mixed use structures. In the HB District, residential uses which are part of an age-restricted housing development may be permitted on all floors, including the first floor of a structure, provided that the structure does not contain any frontage on a major roadway, such as Springfield Avenue, Snyder Avenue or Sherman Avenue, and is located on a local roadway, to the extent those streets, or portions thereof, are situated in the HB-2 District.

a.

Mixed Use Structures combining retail or service businesses on a portion of the ground floor and structured parking within an enclosed garage also occupying the ground floor, with housing (multifamily dwelling units and vertical duplexes) on the upper floors, shall be subject to the provisions of Subsections F and H herein. Residential uses on the ground floor shall be prohibited.

b.

The following design standards shall be adopted for all townhouse developments:

1.

Each interior townhouse unit shall be at least twenty-six (26) feet wide;

2.

Each end unit townhouse until shall be at least thirty (30) feet wide;

3.

No more than six (6) townhouses shall be attached in a series;

4.

No more than two (2) contiguous townhouse dwelling units shall be located on the same setback line;

5.

Variations in front setbacks between contiguous townhouse dwelling units, except as provided herein, shall not be less than five (5) feet;

6.

There shall be a variety of design and architectural elements and exterior building facades, including brick, stone, or stucco, for the purpose of presenting an aesthetically desirable overall effect of the townhouse development and to avoid uniformity;

7.

Adequate facilities shall be provided for the handling of garbage and other refuse by providing and maintaining an enclosed and screened area or separate buildings within which all garbage and refuse containers shall be stored; and

8.

No townhouse unit shall exceed thirty-six (36) feet in height and 2½ stories.

c.

The following open space requirements for all townhouse developments shall be adopted:

1.

Any townhouse development containing greater than twelve (12) units shall include within the proposed development a minimum twenty (20) percent of the tract area for passive and/or active recreation area.

2.

The Planning Board shall review and approve the location and type of any proposed passive or active recreational improvements.

B.

Permitted Accessory Uses:

1.

Parking.

2.

Common recreational facilities and/or public open spaces, including walkways, courtyards, plazas, alleys, and similar facilities.

3.

Storage sheds, trash containers and recycling areas.

4.

Private residential swimming pools and outdoor sports courts.

6.

Any use or structure customarily incidental and subordinate to the principal use and located on the same lot.

D.

Prohibited Uses:

1.

Outside overnight parking of trucks, trailers or other business or commercial vehicles and outside storage of any vehicles; excluding delivery and service vehicles utilized daily by tenant business or property owners.

2.

Drive-through facilities.

3.

Smoke and vape shops.

3.

Automotive repair facilities.

4.

Fuel service stations.

E.

Height, Area, and Bulk Requirements:

1.

See Schedule of General Regulations.

2.

Minimum building height for residential buildings shall be one and one half (1½) stories; the minimum height for a mixed use building shall be two (2) stories and thirty (30) feet and such building shall have a roof with a minimum pitch of eight (8) on twelve (12). The maximum building height for all buildings shall be three (3) stories, provided that the third (3 ^rd ) story is built into the roof of the building or structure to give the appearance of two and one-half (2½) stories at the street level, and shall not exceed thirty-six (36) feet. A three (3) story building with a flat roof shall be prohibited.

3.

Driveway access to rear yards in the HB-2 zone shall be setback a minimum of two (2) feet from the property line and two (2) feet from the building edge and in the HB-3 zone those setbacks shall be five (5) feet and three (3) feet, respectively. Driveways may be located in the side yard setback. Driveway access is encouraged from Sherman Avenue in the HB-3 zone. Shared driveways are permitted in the HB-3 zone.

4.

A minimum building step-back of five (5) feet shall apply to any building elevation above the second (2 ^nd ) floor. Building step-backs assist in preserving the human scale from street level for pedestrians, but also help to deal with sunlight, privacy, and overlook.

F.

Residential Regulations:

1.

The maximum density for residential uses shall be fifteen (15) dwelling units per acre.

2.

A density bonus may be granted up to twenty (20) residential units per acre total on the site provided that the development includes open public space area or plaza that is a minimum of ten (10) percent of the total lot area and:

a.

The open public open space area or plaza shall be provided on the property; shall front on and/or extend from the right-of-way frontage; shall be located outside of the public right-of-way; shall be safely and properly connected to the public sidewalk and streetscape; and shall provide for a sitting area where the public, patrons of the commercial/retail area, and/or residents of the building can gather.

b.

The open public areas or plazas shall include benches, planters, fountains, decorative lighting, landscaping, and other streetscape furniture as described in Part 19. All open public spaces shall be approved by the Planning Board.

c.

The open public areas or plaza shall be improved and maintained by the property owner or association in perpetuity pursuant to provisions to be included in a developer's agreement or board resolution.

3.

Inclusionary Housing Component: Any project containing residential units shall meet the requirements of the Township's Affordable Housing Ordinances, applicable COAH regulations and the Court approved Settlement Agreement between the Township and Fair Share Housing Center ("FSHC") dated September 20, 2016, any applicable order of the Court and other applicable law.

a.

No fewer than twenty (20) percent of for-sale units or, fifteen (15) percent of for rental units constructed shall be set aside as units affordable to very low, low, and moderate income households.

b.

Income Distribution: The income distribution for the affordable units in each project shall be as follows: no more than fifty (50) percent may be moderate income units, at least thirty-seven (37) percent shall be low income units and at least thirteen (13) percent shall be very low income units.

c.

Bedroom mix: At least twenty (20) percent of the affordable units in each project shall be three (3) bedroom units; no more than twenty (20) percent of the affordable units in each project shall be efficiency and one (1) bedroom units; at least thirty (30) percent of the affordable units in each project shall be two (2) bedroom units; the balance may be two (2) or three (3)-bedroom units, at the discretion of the developer.

d.

The developer shall have an obligation to deed restrict the Affordable Units as very low, low, or moderate income affordable units for a period of at least thirty (30) years, until such time and under such conditions as the Township takes action to release the deed restriction, so that the Township may count the Affordable Units against its affordable housing obligation.

e.

All affordable units shall comply with the bedroom distribution requirements and income distribution requirements, pricing requirements, integration of affordable units' requirements, affirmative marketing requirements, candidate qualification and screening requirements and deed restriction requirements of the Township's Affordable Housing Ordinance.

f.

The developer/owner of the Affordable Units shall contract with an experienced and duly qualified administrative agent for the administration of the Affordable Units. The developer's/owner's administrative agent may either be the Township Administrative Agent or shall report to the Township Administrative Agent, and the developer/owner shall have the obligation to pay all costs associated with affirmatively marketing and deed restricting the Affordable Units, income qualifying residents, and maintaining compliance with the affordability controls on the Affordable Units in accordance this Section and the Township's Affordable Housing Ordinance for the entirety of the Deed-Restriction Period. The developer and its Administrative Agent shall provide annual reports as required by the Township and the Township's Administrative Agent to enable the Township to comply with the affordable housing monitoring requirements of the Court.

G.

Retail and Commercial Space Regulations:

1.

In connection with mixed-use residential/commercial development within the zone, the minimum gross square footage of the retail and/or service commercial floor area on the ground or first floor of any mixed-use building shall be no less than twenty (20) percent of the gross floor area of the largest floor of the building on any level. The retail and/or service commercial space shall be oriented to and located along the street frontage(s) of the property.

2.

Off-street parking spaces shall be allowed on the ground or first floor of a mixed use building provided that all such parking spaces shall be fully enclosed in a garage.

3.

A mixed use development containing ten (10) or greater total residential units shall dedicate a minimum of fifteen (15) percent of the gross floor area of the largest floor on any level for residential amenities such as, but not limited to, fitness centers, club rooms, office space and meeting rooms. The amenities may be located on any building level provided that the amenities are accessible to all residents of the project and further provide that such amenities shall be in addition to required retail and service commercial space.

H.

Other Provisions and Requirements

1.

All projects shall comply with Part 19 - Design Standards and Article 19.5 - Standards and Guidelines for the Downtown.

2.

All projects shall comply with Part 11 - Parking, Driveways, and Loading Spaces. In addition to Part 11, the following standards shall apply:

a.

All parking shall be located on-site. On-street parallel parking shall be prohibited as a means of addressing required parking in this zone;

b.

Tandem parking shall not be permitted, either within a parking garage or as surface parking;

c.

All parking on the ground of first floor level of a building shall be in an enclosed garage and the garage shall be constructed with the same types of building materials and finishes as the main portion of the building;

3.

All projects containing residential units shall include a dry storage area—located either on the ground of first floor level, or adjacent to common areas or trash rooms on each upper level with multifamily dwelling units. The dry storage area shall be a minimum of twenty (20) square feet in area per unit. A storage area shall have a ceiling height of not less than six (6) feet.

(Ord. No. 21-06, § 1, 11-8-2006; Ord. No. 11-07, §§ 3, 4, 7-10-2007; Ord. No. 15-08, § 4, 8-12-2008; Ord. No. 10-2010, § 4, 8-10-2010; Ord. No. 9-2017, § 3, 3-7-2017; Ord. No. 24-2017, § 2, 10-10-2017; Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

A.

Permitted Principal Uses:

1.

Townhouses with setback side attached garages, townhouses with collective parking lots, courts or garages, multifamily structures including multifamily dwelling units and vertical duplexes.

2.

Parks and open space.

3.

Municipal buildings and other governmental uses.

4.

In the DH-18 Zone on a lot adjacent to DD and OL zoned land, those uses permitted on the lower levels of structures in the DD Zone shall be permitted on the first floor.

B.

Permitted Accessory Uses:

1.

Attached garages, shared parking lots, common detached garages, parking structures.

2.

Common swimming pools and tennis courts.

3.

Structures incidental to swimming pools and tennis courts.

4.

Common maintenance sheds.

C.

Conditional Uses:

1.

Home offices excluding medical, dental, and real estate uses.

2.

Day care and leisure facilities.

3.

Architectural height extensions.

4.

Public utility uses.

D.

Height, Area, and Bulk Requirements:

1.

See Schedule of General Regulations except that the maximum permitted height is three (3) stories.

2.

Setbacks other than set forth in the Schedule of General Regulations:

a.

From common open parking area - ten (10) feet;

b.

For units with attached garages such garages shall be setback behind the front exterior wall of the principal building a minimum of ten (10) feet.

3.

A mix of building heights shall be provided to break the roof lines and to create architectural interest and variety at corners and points of visual interest.

4.

Chimneys, cupolas, and other corner architectural elements shall be encouraged provided such shall not exceed the permitted height for the district by more than fifteen (15) percent.

E.

Densities:

1.

DH-12: maximum density of twelve (12) dwelling units per acre.

2.

DH-18: maximum density of eighteen (18) dwelling units per acre. (May be increased to twenty-four (24) dwelling units per acre by transfer from the DD zone to accept the units so transferred.)

[a.]

May be increased to thirty-six (36) dwelling units per acre provided said housing shall be limited to age-restricted housing and the project incorporates all of the following design standards:

1.

All dwelling units must be serviced by an elevator to all levels, with full handicapped access.

2.

All units shall be deed restricted for occupancy by households with at least one (1) person fifty-five (55) years of age or older.

3.

New buildings are encouraged to incorporate "green" development standards designed in accordance with the Leadership in Energy and Environmental Design (LEED) Green Building Rating System.

F.

Inclusionary Housing Component:

1.

No less than twenty (20) percent of for-sale units, and fifteen (15) percent of for rental units will be set aside as units affordable to very low, low, and moderate income households.

2.

Income Distributions: The income distributions for the total number of affordable units for each project will be broken down as follows. No more than fifty (50) percent will be moderate income units, at least thirty-seven (37) percent will be low income units, and at least thirteen (13) percent will be very low income units in accordance with applicable Council on Affordable Housing (COAH) regulations, the Fair Housing Act (N.J.S.A. 52:27D-301, et seq.) and the Uniform Housing Affordability Controls (N.J.S.A. 5:80-26.1, et seq.).

3.

Bedroom Mixes: At least twenty (20) percent of the affordable units in each project will be three (3) bedroom units, and no more than twenty (20) percent of the affordable units in each project will be one (1) bedroom units.

G.

All development shall comply with the provisions of Part 19 of this Ordinance.

(Ord. No. 14-08, § 1, 8-12-2008; Ord. No. 18-2017, § 1, 7-18-2017; Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

A.

Permitted Principal Uses:

1.

Office buildings for executive, engineering, or administrative purposes.

2.

Scientific, engineering or research laboratories devoted to research, design or experimentation and processing and fabricating incidental thereto providing no materials or finished products shall be manufactured, processed, or fabricated on said premises for sale, except such as are incidental to said laboratory research, design or experimentation conducted on said premises.

3.

Municipal buildings, parks, playgrounds, and other governmental uses.

4.

Places of worship including parish homes and religious school buildings.

5.

Schools or other educational institutions including playgrounds and accessory buildings.

6.

Fitness centers and recreational facilities.

B.

Permitted Accessory Uses and Structures:

1.

Parking facilities.

2.

Storage buildings appropriately screened from public view.

3.

Food service facilities for on premises consumption only, recreation, educational and training facilities, barber and beauty services, sundry shops (not to exceed a maximum of seven hundred fifty (750) square feet in area), banks, post office services, health facilities, travel agents, and similar convenience shops, provided such services or facilities are neither available to nor advertised to the general public and are restricted to use by tenant employees, trainees and authorized visitors to the main office or laboratory facilities and are restricted to the site.

4.

Any use or structure customarily incidental and subordinate to the principal use and located on the same lot.

This restriction shall not apply to such uses located within fitness or recreation centers. Such facilities and uses located within fitness or recreation centers shall be considered part of the permitted fitness or recreation center uses and may be provided to the general public as well as members and guests of the subject facilities.

5.

A Dish Antenna provided it:

a.

Conforms to the rear and side yard setback requirements;

b.

Is not in the front yard or between the street line and a line drawn at the front facade of the principal building extended to the side lines of the property;

c.

Has reflectors no larger than sixteen (16) feet in diameter; and

d.

Does not exceed twenty (20) feet in height at the highest point of the structure in any position.

6.

Swimming pools in the OR-B Zone and Structures used in conjunction therewith. Swimming pools and such Structures, whether deemed Accessory Uses or Permitted Principal Uses, shall be exempt from the regulations set forth in Section 3.1.1.B.4 and Section 3.1.7 of the Township Zoning Ordinance, the Swimming Pool Ordinance referenced therein, or any other Township swimming pool regulations.

C.

Conditional Uses:

1.

Public utility uses.

2.

Comprehensive Medical Care Facilities.

D.

Height, Area, and Bulk Requirements:

1.

See Schedule of General Regulations.

(Ord. No. 8-07, § 1(c), 3-27-2007; Ord. No. 27-2017, § 4, 10-10-2017; Ord. No. 2-2021, § 1, 3-2-2021; Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

A.

Zone Area and Intent—The MU Zone consists of Block 4102, Lot 1; Block 4301, Lots 1.011, 1.012 and 1.02. The MU Zone is intended to provide a flexible zoning framework that will facilitate the transformation of a traditional suburban office park into a commercially viable, integrated multi-use facility that provides work, residential, hospitality, retail, entertainment, and recreation opportunities. The MU Zone shall be developed so as to ensure a functionally and physically interconnected variety of land uses and open spaces, including outdoor recreational amenities.

B.

Application Requirements—Development within the MU Zone may take place in phases. Any request for preliminary and final site plan approvals with respect to one (1) or more portions of the MU Zone must comply with Part 10 of this Municipal Land Use Procedures Ordinance.

C.

Permitted Principal Uses.

1.

Offices.

2.

Research and development facilities.

3.

Multifamily residential dwellings.

4.

Retail (as defined in Section 2.1.1), including without limitation, food, and beverage establishments, including breweries.

5.

Fitness centers.

6.

Recreational facilities.

7.

Entertainment venues.

8.

Hotels.

9.

Dog parks, parks, and playgrounds.

10.

Municipal buildings and other governmental uses.

11.

Places of worship including parish homes and religious school buildings.

12.

Schools or other educational institutions.

D.

Permitted Accessory Uses and Structures.

1.

Any use or structure that is customarily incidental and subordinate to one (1) or more permitted principal use in the MU Zone.

2.

Health facilities (not open to the general public).

3.

Automated storage and retrieval facilities for grocery stores.

4.

Parking facilities.

5.

Swimming pools and structures used in connection therewith, which pools and structures shall be exempt from the regulations set forth in Section 3.1.1B.4 and Section 3.1.7 of this Municipal Land Uses Procedures Ordinance, the Swimming Pool Ordinance referenced therein, or any other Township swimming pool regulations.

6.

Heliports, subject to the following requirements:

a.

No more than one (1) heliport shall be allowed within the MU Zone;

b.

No refueling, repair, or maintenance activities shall be permitted;

c.

There shall be a minimum setback of one hundred fifty (150) feet from Plainfield Avenue. There shall be a minimum setback of one hundred fifty (150) feet from any residential uses;

d.

Any ground heliport, including the landing pad, shall be reasonably screened, and buffered (with either natural vegetation or a structure, at the option of the applicant) from Plainfield Avenue, provided, however, such screening or buffering shall not be required if not acceptable to any State or federal governmental agency having jurisdiction over heliports. Notwithstanding the foregoing, no such screening or buffering shall be required for heliports located on any building, parking deck or other structure.

E.

Prohibited Uses.

1.

Any use not specifically permitted shall be prohibited.

2.

Big-box general retail stores, defined as a retail store with a gross floor area of fifty thousand (50,000) square feet or more in which the general merchandise, including, but not limited to, the following, comprise over forty (40) of the gross floor area: toys, clothing, sporting goods, automotive supplies, electronics, appliances, home and garden supplies, pool supplies and equipment, discount dollar items, bedding, photo processing, a portrait studio, cell phone sales, a bank, pet shop, video rental, hair and/or nail salon, hardware, jewelry, banks and fast-food outlets.

3.

Drive-through facilities, whether principal or accessory.

F.

Standards for Multifamily Residential Dwellings.

1.

The number of multifamily residential dwellings within the MU Zone shall not exceed 328 units.

2.

The multifamily rental residential housing shall include an inclusionary affordable housing component of thirteen point seven (13.7) percent of the maximum total residential units of three hundred twenty-eight (328), which is restricted by the Maximum Buildable Area for the MU Zone; and any proposed increase in the number of residential units above the three hundred twenty-eight (328) units within the constraints of the Maximum Buildable Area (as defined in Paragraph I.c. of this Section 6.3.5.1), which would require amendment to the Development Agreement between the Township of Berkeley Heights and The Connell Company approved by the Township on October 13, 2016 (the "Connell Development Agreement"), shall thereafter have an affordable housing component of fifteen (15) percent of the total residential units, if any. Pursuant to the Settlement Agreement between the Township of Berkeley Heights and Fair Share Housing Center entered on September 20, 2016, which was incorporated in a Court Order dated October 17, 2016, in the litigation entitled In the Matter of the Application of the Township of Berkeley Heights, County of Union, Docket No. UNN-L-2405-15, any site plan proposed for the MU Zone shall provide for a minimum total of three hundred twelve (312) residential rental units. A "for sale" market residential project would require a renegotiation of the percentage of affordable set aside between the Township and the Developer.

3.

All affordable housing units shall be located within the MU Zone.

4.

All affordable housing development within the MU Zone shall be subject to the Township's affordable housing ordinances, including Title 18 and 18A of the Township Code, except as otherwise set forth in this Section 6.3.5.1.

G.

Standards for Retail and Entertainment Uses.

1.

The maximum square footage of retail and entertainment venue uses available to the public within the MU Zone shall not exceed one hundred ninety (190,000) square feet.

2.

No single retail tenant within the MU Zone shall be less than one thousand (1,200) square feet.

3.

No single retail tenant within the MU Zone shall exceed forty-five thousand (45,000) square feet.

4.

A maximum of one hundred fifty-five (155,000) square feet of retail and entertainment venue space may be located within standalone retail and entertainment buildings or mixed-use buildings in which the primary use is multi-family residential. A minimum of thirty thousand (30,000) square feet out of the total allowed retail and entertainment square footage shall consist of or be reserved for entertainment venues, such as bowling alleys and movie theaters.

5.

The remaining thirty-five (35,000) square feet of allowed retail and entertainment space is limited to publicly accessible retail and entertainment uses located within buildings in which the primary use is office or research and development.

6.

Any cafeterias or amenity spaces exclusively limited to serving tenants of office or research and development buildings are not included within the one hundred ninety (190,000) maximum square footage of retail and entertainment venue uses available to the public within the Zone.

H.

Standards for Open Spaces.

1.

A minimum of five (5) acres of open spaces shall be provided within the Mixed-Use Zone. Open spaces may consist of publicly-accessible walking trails, parks, dog parks, plazas for seating and events, playgrounds, sports courts, and other fitness areas.

2.

The minimum of five (5) acres of open spaces shall be constructed as part of the initial phase of development within the MU Zone.

3.

Any off-leash dog park area shall be confined by a fence with a minimum height of five (5) feet.

I.

General Development Requirements.

1.

One (1) or more permitted use may be located in one (1) building or lot.

2.

Subdivisions of the overall development tract comprising the MU Zone shall be permitted in phases.

3.

The gross floor area of all buildings, excluding structured parking facilities, in the MU Zone shall not exceed a total of two million five hundred thousand (2,250,000) square feet of gross floor area (the "Maximum Buildable Area").

J.

Bulk Requirements.

1.

All requirements set forth in this Section 6.3.5.1 shall be calculated based on the entire land area included within the MU Zone, regardless of any existing or future subdivisions or tax lots.

2.

Maximum building height: One hundred fifty (150) feet.

3.

Maximum impervious coverage: Seventy-five (75) percent.

4.

Setbacks: all buildings within the MU Zone shall be setback a minimum of one hundred twenty-five (125) feet from the boundary of the MU Zone along Plainfield Avenue and a minimum of twenty-five (25) feet from all other boundaries of the MU Zone. The building setback requirements shall not be applicable to accessory structures, including, but not limited to, walking trails and fitness equipment.

K.

Parking Requirements.

1.

Requirements by Use: Notwithstanding the requirements set forth in Section 11.1.2, the following shall be the parking requirements applicable to all uses permitted within the MU Zone.

a.

Office, Research and Development: One (1) space per four hundred (400) square feet of gross floor area.

b.

All other permitted principal non-residential land uses: One (1) space per three hundred (300) square feet of gross floor area, except that any portion of a retail use that is occupied by an automated storage and retrieval system for retail goods shall be subject to a requirement of one (1) space per one thousand (1,000) square feet of gross floor area.

c.

Multifamily residential dwellings:

i.

1 bedroom: 1 space per unit.

ii.

2 bedroom: 1.5 spaces per unit.

iii.

3 bedroom: 2 spaces per unit.

2.

Shared parking is strongly encouraged within the MU Zone in order to maximize the efficiency of parking facilities. The cumulative parking requirements for all land uses within the MU Zone may be reduced if it can be demonstrated that the peak usage of multiple land uses occur at different times. In order to obtain approval for a reduction of the cumulative parking requirement based on shared parking principles, a Shared Parking Plan prepared by a licensed engineer or planner shall be submitted to the Township Planner for administrative review and approval. The Shared Parking Plan shall be based on a shared parking model published by the Institute of Transportation Engineers (ITE), the Urban Land Institute (ULI) or other widely accepted industry model.

L.

Signs. Notwithstanding anything to the contrary in Part 5 of this Municipal Land Use Procedures Ordinance:

1.

A total of three (3) monument signs shall be permitted within the MU Zone, consisting of two (2) along Plainfield Avenue (one (1) at the entrance to the flyover ramp and one (1) at Connell Drive) and one (1) along Oak Way, subject to the following requirements.

a.

The total area of a monument sign shall not exceed one hundred (100) square feet (each face), inclusive of its base.

b.

The maximum height of a monument sign shall not exceed ten (10) feet, inclusive of its base.

c.

The monument sign may contain panels for individual retail tenants which shall have a maximum letter height of twelve (12) inches. The materials and color for the individual tenant panels shall be uniform in color and consistent with the overall design of the monument sign.

d.

All monument signs shall be set back at least ten (10) feet from the MU Zone boundary.

e.

All monument signs shall have an attractive base with decorative landscaping.

f.

All monument signs shall be externally illuminated.

2.

Wall signs shall be permitted on each building facade facing a parking area or internal roadway, subject to the following requirements:

a.

Permitted signage area for the existing hotel use within the MU Zone shall be as follows:

[i.]

Maximum signage area on the west elevation of a building shall be 1,450.6 square feet;

[ii.]

Maximum signage area on a south area of a building shall be 341.4 square feet;

[iii.]

Maximum total signage area shall be 2,620.8 square feet.

b.

No tenant shall be permitted more than one (1) wall sign on a single building façade. No more than two (2) wall signs are permitted per tenant.

c.

The total area of a wall sign for any retail tenant renting less than twenty thousand (20,000) square feet shall not exceed forty eight (48) square feet.

d.

The total area of a wall sign for any retail tenant renting twenty thousand (20,000) square feet or more shall not exceed one hundred twenty (120) square feet.

e.

Any building with multiple tenants shall be required to submit a sign plan indicating the location and size of all wall signs.

f.

Wall signs shall be halo-illuminated (back-lit channel letters) or externally illuminated.

g.

Wall signs shall be permitted on the top story of buildings. However, no roof-mounted signage is permitted.

3.

Each tenant shall be permitted one (1) window sign, subject to the following requirements:

a.

Maximum number: One (1) sign per tenant.

b.

Maximum area: Twenty-five (25) percent of the area of the window on which the sign is located.

c.

Illumination: not permitted.

d.

A window sign shall only pertain to the establishment occupying the portion of the premises where the window is located.

e.

Window signs shall be consistent in color and design as other signs for the same tenant.

4.

Each tenant shall be permitted one (1) vertical or horizontal blade sign.

a.

A blade sign shall not exceed six (6) square feet in area (each face).

b.

Blade signs shall be halo-illuminated (back-lit channel letters) or externally illuminated.

5.

Artistic murals that do not promote the goods and/or services of an owner, tenant or vendor are permitted and shall not be deemed "signs" within the meaning of this Municipal Land Use Procedures Ordinance.

6.

One (1) freestanding pole-mounted sign oriented to Interstate seventy eight (78) shall be permitted within the MU Zone.

a.

Maximum area: Five hundred twenty-five (525) feet (each face).

b.

Maximum height: One hundred ten (110) feet.

7.

A comprehensive directional and wayfinding signage program for the entire MU Zone shall be permitted to orient visitors to specific uses. Such signage may include individual branding for uses located within the MU Zone. The directional and wayfinding signage program shall be subject to review by the Planning Board.

M.

Part 19 of this Municipal Land Use Procedures Ordinance shall not apply to development within the MU Zone.

N.

Attached to the ordinance from which this section derived as Exhibit A is the current concept plan (the "Concept Plan") for development of the MU Zone. Upon approval of this Ordinance, the owner shall be entitled to develop the MU Zone under a plan that differs from the Concept Plan, so long as it remains in compliance with this Ordinance.

(Ord. No. 2-2021, § 2, 3-2-2021; Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

Editor's note— Ord. No. 2-2021, § 2, adopted March 2, 2021, repealed Section 6.3.5.1, and enacted a new Section 6.3.5.1 as set out above and later amended. Former Section 6.3.5.1 pertained to the OR-A1 Office, Residential and Retail Zone and derived from Ord. No. 27-2017, adopted October 10, 2017.

A.

Permitted Principal Uses:

1.

Light industry.

2.

Warehouses.

3.

Automotive repair facilities.

4.

Fuel service stations.

5.

All uses permitted in OR and OR-B Zones.

B.

Permitted Accessory Uses and Structures:

1.

Storage buildings appropriately screened from public view.

2.

A Dish Antenna provided it:

a.

Conforms to the rear and side yard setback requirements;

b.

Is not in the front yard or between the street line and a line drawn at the front facade of the principal building extended to the sidelines of the property;

c.

Has reflectors no larger than sixteen (16) feet in diameter; and

d.

Does not exceed twenty (20) feet in height at the highest point of the structure in any position.

e.

No roof installations are permitted.

3.

Any use or structure customarily incidental and subordinate to the principal use and located on the same lot.

C.

Conditional Uses:

1.

Public utility uses.

2.

Parking of School Buses and Commercial Vehicles.

D.

Height, Area, and Bulk Requirements:

1.

See Schedule of General Regulations.

(Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

A.

Permitted Principal Uses:

1.

Public parks, playgrounds, swimming pools, golf courses, and other recreational areas whether developed or undeveloped.

2.

Public buildings and public and private schools and grounds.

3.

Municipal buildings, parks, playgrounds, and other governmental uses.

4.

Public and private reservations and conservation areas.

B.

Permitted Accessory Uses:

1.

A Dish Antenna provided it:

a.

Conforms to the rear and side yard setback requirements;

b.

Is not in the front yard or between the street line and a line drawn at the front facade of the principal building extended to the sidelines of the property;

c.

Has reflectors no larger than sixteen (16) feet in diameter; and

d.

Does not exceed twenty (20) feet in height at the highest point of the structure in any position.

e.

No roof installations are permitted.

C.

Conditional Uses:

1.

Towers and/or antennae for wireless communications including cellular telephones, pagers, beepers, personal communication services and the like and related equipment and structures.

D.

Height, Area, and Bulk Requirements:

1.

See Schedule of General Regulations.

(Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

A.

Permitted Principal Uses:

1.

Housing in accordance with the following densities:

a.

AH-1: 11 units per gross acre;

b.

Reserved.

c.

AH-3: 13 units per gross acre;

d.

AH-4: 13 units per gross acre;

e.

AH-5: 27 Senior Citizen units per gross acre;

f.

AH-6: 5 units per gross acre;

g.

AH-7: 5.25 units per gross acre.

2.

Municipal buildings, parks, playgrounds, and other governmental uses.

B.

Permitted Accessory Uses:

1.

Detached private garage.

2.

Private residential outdoor sports courts.

3.

Private residential swimming pools.

4.

Storage sheds.

5.

Gatehouse or caretakers building which may include a dwelling unit.

6.

Any use or structure customarily incidental and subordinate to the principal use and located on the same lot.

C.

Conditional Uses:

1.

Public Utilities.

D.

Height, Area, and Bulk Requirements:

1.

See Schedule of General Regulations.

E.

Minimum/Maximum Floor Area Per Unit:

1.

For senior citizen units no studio or efficiency multifamily dwelling unit shall have less than four hundred fifty (450) square feet of living space. All one bedroom multifamily dwelling unit must have a minimum of five hundred (500) square feet of living space. For each additional bedroom, the minimum area shall be increased by one hundred fifty (150) square feet. For non-senior citizen unit's studio or efficiency multifamily dwelling units shall not be less than five hundred (500) square feet; one (1) bedroom units shall not be less than six hundred fifty (650) square feet; and for each bedroom thereafter the net area shall be increased by one hundred fifty (150) square feet.

2.

Except for the AH-1 Zone where the maximum square footage of living space may equal two thousand six hundred (2,600), no unit constructed in these zones shall have more than one thousand eight hundred (1,800) square feet of living space.

F.

Parking Requirements:

1.

All Senior Citizen units shall have a minimum of 0.75 parking spaces per unit.

2.

All non-Senior Citizen units shall have a minimum of two (2) parking spaces per unit.

G.

Affordable Housing Criteria: The following specific criteria for the inclusion of affordable housing units shall be applied in each zone as follows:

1.

Zone AH-1 shall require construction of a minimum of twenty-one (21) percent low and moderate income units all of which shall be rental units.

2.

Reserved

3.

Zones AH-3 and AH-4 shall require construction of a minimum of twenty (20) percent low and moderate income units.

4.

Zone AH-5 shall require construction of a minimum of thirty-two (32) Senior Citizen restricted low and moderate income rental units.

5.

Zone AH-6 shall require a contribution to the affordable housing fund of $5,091.00 for each unit constructed.

6.

Zone AH-7 shall require a contribution to the affordable housing fund of $4,700.00 for each unit constructed.

H.

Limitations on Multifamily Dwelling Units:

No lot(s) developed in the AH Zone Districts shall include more than sixteen (16) rental or apartment units unless such units shall be solely restricted to Senior Citizen Households in which case such lot shall not contain more than thirty two (32) rental units or apartments. This provision shall apply to multiple ownership by a single individual, firm, corporation, business, or other entity or by firms, businesses, corporations, or other entities having unified or substantially similar ownership but shall not be interpreted to prevent the rental of single units by the individual owners thereof.

(Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

A.

Permitted Principle Uses:

1.

Townhouses with setback side attached garages, townhouses with collective parking lots, courts, or garages.

a.

The following design standards shall be adopted for all townhouse developments:

(1)

Each interior townhouse unit shall be at least twenty six (26) feet wide;

(2)

Each end unit townhouse until shall be at least thirty (30) feet wide;

(3)

No more than six (6) townhouses shall be attached in a series;

(4)

No more than two (2) contiguous townhouse dwelling units shall be located on the same setback line;

(5)

Variations in front setbacks between contiguous townhouse dwelling units, except as provided herein, shall not be less than five (5) feet;

(6)

There shall be a variety of design and architectural elements and exterior building facades, including brick, stone, or stucco, for the purpose of presenting an aesthetically desirable overall effect of the townhouse development and to avoid uniformity;

(7)

Adequate facilities shall be provided for the handling of garbage and other refuse by providing and maintaining an enclosed and screened area or separate buildings within which all garbage and refuse containers shall be stored; and

(8)

No townhouse unit shall exceed 36 feet in height and 2½ stories.

b.

The following open space requirements for all townhouse developments shall be adopted:

(1)

Any townhouse development containing greater than twelve (12) units shall include within the proposed development a minimum twenty (20) percent of the tract area for passive and/or active recreation area.

(2)

The Planning Board shall review and approve the location and type of any proposed passive or active recreational improvements.

2.

Offices for executive, engineering, or administrative purposes in connection with any other permitted or conditional use permitted in the zone.

3.

Warehouses in connection with any other permitted or conditional use permitted in the zone.

4.

Scientific, engineering or laboratory facilities devoted to design or experimentation and processing and fabricating incidental thereto in connection with any other permitted use in the zone and only with regard to those products permitted to be manufactured in the zone, provided that no materials or finished products shall be manufactured, processed, or fabricated on said premises for sale except as may be incidental to such laboratory use.

5.

Parks and open space.

6.

Municipal buildings and other governmental uses.

B.

Permitted Accessory Uses:

1.

Attached garages, shared parking lots, common attached garages.

2.

Common swimming pools and tennis courts.

3.

Structures incidental to swimming pools and tennis courts.

4.

Common maintenance sheds.

C.

Conditional Uses:

1.

Manufacturing, including the preparation of products utilized in the manufacture of antacids, antiperspirants, and related products;

2.

Assembly or packaging of products from previously prepared materials;

3.

Pollution control equipment or facilities required to meet Federal, State, or local environmental standards;

4.

Public utility or public service facilities.

D.

Height, Area, and Bulk Requirements:

1.

All residential uses shall conform to the Schedule of General Regulations applicable to the DH-24 Zone District except for sections E and F below.

2.

All non-residential uses shall conform to the Schedule of General Regulations set forth for the DMX Zone District.

E.

Densities:

l.

The total area of the DMX Zone District is 16.33 +/- acres. The developable portion of the DMX Zone District is estimated to produce a minimum of two hundred eleven (211) total residential units, which will ensure that thirty-two (32) affordable units will be produced in a rental project with a fifteen (15) percent set-aside.

F.

Inclusionary Housing Component:

1.

No less than twenty (20) percent of for-sale units, and fifteen (15) percent of for rental units, will be set aside as units affordable to very low, low, and moderate income households.

2.

Income Distributions: The income distributions for the total number of affordable units for each project will be broken down as follows: No more than fifty (50) percent will be moderate income units, at least thirty-seven (37) percent will be low income units, and at least thirteen (13) percent will be very low income units in accordance with applicable Council on Affordable Housing (COAH) regulations, the Fair Housing Act (N.J.S.A. 52:27D-301, et seq.) and the Uniform Housing Affordability Controls (N.J.S.A.) 5:80-26.1, et seq.).

Bedroom mixes: At least twenty (20) percent of the affordable units in each project will be three (3) bedroom units, and no more than twenty (20) percent of the affordable units in each project will be one (1) bedroom units.

(Ord. No. 12-07, § 3, 7-10-2007; Ord. No. 18-2017, § 2, 7-18-2017; Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

A.

Any new single family detached dwelling constructed after the passage of this Ordinance must include a minimum of one (1) enclosed private garage with a minimum size of nine (9) feet by seventeen (17) feet with a minimum square foot area of one hundred fifty-three (153) square feet for the parking of at least one (1) vehicle. Each garage unit shall connect to the street or road with a driveway per the requirements set forth in Section 11.1.3.D. A storage shed shall not constitute a garage for purposes of satisfying this requirement.

B.

An existing single family detached dwelling with a garage, at the passage of this Ordinance, shall maintain such garage or substitute a garage in accordance with Paragraph A above.

C.

On any existing single family detached dwelling, a new addition or building alteration shall be required to construct a garage in conformance with Paragraph A, above, if the total floor area of the dwelling, including the addition, would exceed one thousand seven hundred (1700) square feet.

(Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)