Berkeley Heights City Zoning Code

PART 6

ZONING

Section 6.1.1 - General Regulations

The schedule of regulations entitled "Schedule of General Regulations," as set forth below, applying to the uses of land and buildings, the yards, and other open spaces to be provided contiguous thereto, and all other matters contained therein, as indicated for the various zones established by this Ordinance, is hereby declared to be a part of this Ordinance. Said regulations listed for each zone as designated, reading from left to right across the schedule, are hereby prescribed for such zones, subject to the other provisions of this Ordinance, and shall be deemed to be the minimum requirements in every instance of their application.

Schedule of General Regulations.

Zoning District	Minimum Lot Area	Lot Width	Lot Depth Front Yd.	Setback - Principal Building			Setback - Accessory Building			Max. Bldg. Height	Max. Permit
Zoning District	Minimum Lot Area	Lot Width	Lot Depth Front Yd.	Front Yd.	Side Yd.	Rear Yd.	Front Yd.	Side Yd.	Rear Yd.	Max. Bldg. Height	Bldg.	Other
				Front Yd.	Side Yd.	Rear Yd.	Front Yd.	Side Yd.	Rear Yd.		Bldg.	Other
R-20	20,000 sq. ft.	100 ft.	150 ft.	50 ft.	12 ft. (a)	40 ft.	50 ft.	12 ft. (a)(dd)	15 ft. (dd)	30 ft.	15%	10%
R-15	15,000 sq. ft.	100 ft.	130 ft.	50 ft.	12 ft. (a)	40 ft.	50 ft.	10 ft. (dd)	10 ft. (dd)	27 ft. & 2.5 stories (ee)	15%	10%
R-15A	15,000 sq. ft.	100 ft.	130 ft.	30 ft.	12 ft. (a)	40 ft.	50 ft.	10 ft. (dd)	10 ft. (dd)	27 ft. & 2.5 stories (ee)	20%	10%
R-10	10,000 sq. ft.	100 ft.	100 ft.	30 ft.	12 ft. (a)	30 ft.	30 ft.	5 ft. (dd)	5 ft. (dd)	27 ft. & 2.5 stories (ee)	20%	10%
DD	5,000 sq. ft.	40 ft.	—	(c)	(d)	(e)	(c)	(d)	(e)	36 ft. (f)(cc)	50%	35%
DMX	13 acres	400 ft.	300 ft.	50 ft.	15 ft.	25 ft.	50 ft.	15 ft.	10 ft.	40 ft.	35%	NA
HB-2	18,750 sq. ft.	125 ft.	—	(g)	(h)	60 ft.	(g)	(h)	60 ft.	36 ft. (cc)	35%res 45%other	25%
HB-3	7,500 sq. ft.	75 ft.	—	(i)	(j)	25 ft.	(i)	(j)	25 ft.	36 ft. (cc)	50%	35%
DH-12	1 acre	60 ft.	—	(k)	(1)	(1)	(k)	(m)	(n)	36 ft.	30%	30%
DH-18	.2 acre	60 ft.	—	14 ft.	10 ft.	(v)	(k)	(m)	(n)	48 ft.	35%	30%
DH-24	2 acres	100 ft.	—	(k)	(l)	(l)	(k)	(m)	(n)	48 ft. (o)	45%	30%
AH-1	6 acres	200 ft.	—	15 ft.	50 ft.	10 ft.	50 ft.	50 ft.	10 ft.	60 ft.	—	—
AH-3	2 acres	100 ft.	100 ft.	35 ft.	25 ft.	25 ft.	35 ft.	25 ft.	25 ft.	36 ft.	—	—
AH-4	4 acres	100 ft.	200 ft.	50 ft.	30 ft.	35 ft. (s)	50 ft.	30 ft.	35 ft. (s)	36 ft.	—	—
AH-5	3 acres	300 ft.	400 ft.	50 ft.	(r)	(r)	50 ft.	(r)	(r)	48 ft.	—	—
AH-6	8 acres	100 ft.	200 ft.	5 ft. (u)	10 ft.	15 ft.	5 ft. (u)	10 ft.	15 ft.	36 ft.	25%	25%
AH-7	3 acres	100 ft.	200 ft.	50 ft.	15 ft.	15 ft.	50 ft.	15 ft.	15 ft.	36 ft.	—	—
OR	20 acres	600 ft.	800 ft.	200 ft.	150 ft.	150 ft.	175 ft.	100 ft.	100 ft.	50 ft. (b)	NA	NA
OR-B	11 acres (w)	400 ft.	800 ft.	125 ft.	100 ft. (x)	150 ft.	100 ft.	40 ft. (aa)	40 ft.	55 ft. (b)(y)(bb)	NA	NA
LI	60,000 sq. ft.	150 ft.	250 ft.	40 ft.	15 ft.	100 ft.	40 ft.	15 ft.	10 ft.	40 ft. (b)	35%	35%
MU	(See Section 6.3.5.1)
OL	—	—	—	100 ft.	40 ft.	40 ft.	100 ft.	40 ft.	40 ft.	40 ft. (b)	NA	NA

(a)

Combined side yards must total thirty (30) feet.

(b)

May be seventy-five (75) feet with a three hundred (300) foot minimum setback in all yards.

(c)

For structures along Springfield, Plainfield, or Snyder Avenues: Twelve (1 2) feet from the right-of-way line to

provide

for sufficient area between the curb line and building line to create a tree planting and/or landscaping/lighting area of six (6) feet in width and a six (6) foot minimum width sidewalk. For all other structures - twenty (20) feet.

(d)

See Supplementary Table.

(e)

For buildings not exceeding two (2) stories (10) feet; for each additional story, an additional ten (10) feet.

(f)

Reserved.

(g)

From the Springfield Avenue Right-of-Way twenty (20) feet and fifteen (15) feet from all other rights-of-way.

(h)

For buildings up to one and one-half (1 ½) stories, twenty (20) feet combined with one (1) minimum yard of twelve (12) feet; for buildings over one and one-half (1 ½) half stories and not over two and one-half (1 ½) stories, thirty (30) feet combined with one (1) minimum yard of fourteen (14) feet; for buildings over two and one-half (1 ½) stories, forty (40) feet combined with one (1) minimum yard of twenty-four (24) feet.

(i)

From the Springfield Avenue Right-of-Way twenty (20) feet and ten (10) feet from all other rights-of-way.

(j)

For buildings up to one and one-half (1 ½) stories fifteen (15) feet combined with one (1) minimum yard of ten (10) feet; for buildings over one and one-half (1 ½) half stories and not over two and one half (2%2) stories eighteen (18) feet combined with one (1) minimum yard of ten (10) feet; for buildings over two and one-half (2 ½) stories twenty-five (25) feet combined with one (1) minimum yard of fifteen (15) feet.

(k)

From Springfield, Plainfield, or Snyder Avenues thirty-five (35) feet or the average setback of existing buildings on the same side of the street in the same block; twenty-five (25) feet in all other locations.

(l)

See Supplementary Table.

(m)

See Supplementary Table. The side yard dimensions in the Supplementary Table may be reduced by not more than twenty-five (25) percent of the stated dimension for principal buildings.

(n)

See Supplementary Table. The rear yard dimensions in the Supplementary Table may be reduced by not more than twenty-five (25) percent of the stated dimension for principal buildings.

(o)

Reserved.

(p)

Must be forty (40) feet if two and one-half (2 ½) stories or greater.

(q)

May be ten (10) feet if abutting non-residential use.

(r)

From OL Zone ten (10) feet. From all other zones eighteen (18) feet if one and one-half (1 ½) stories or less, twenty-five (25) feet if greater than one and one-half (1 ½) stories.

(s)

May be twenty (20) feet if abutting OL Zone.

(t)

May be five (5) feet from railroad right-of-way.

(u)

Measured from internal roadway setback.

(v)

See Supplementary Table. The rear yard shall be a common rear yard for all units with an area adequate for the number of units abutting same in a generally triangular shape. This area shall be maintained as a common open space for the benefit of all adjacent properties.

(w)

Within a group of OR-B zoned lots involving a total of seventy (70) acres or more, a maximum of one (1) lot may be as small as six (6) acres.

(x)

Sideyard setback shall be measured as the distance between the principal building and the closest principal building on any adjacent lot for lots within the OR-B Zone.

(y)

Reserved.

(z)

Reserved.

(aa)

Reserved.

(bb)

In addition to head houses, elevator shafts, elevated tanks, chimneys, dish antennae and the like, architectural elements, such as clock towers and skylights above atriums, shall not be included in the calculation of height, so long as such architectural element does not exceed twelve (12) percent of the total roof area and does not exceed the permitted height by more than fifteen (15') feet.

(cc)

All buildings and structures shall not exceed three (3) stories, with the third (3 ^rd ) story being built into the roof of the building or structure to give the appearance of a two and one-half (2 ½) story building or structure at the street level.

(dd)

The minimum required side yard and rear yard setback for an accessory building or structure shall be increased by one (1) foot for every one (1) foot of building height of the accessory building or structure greater than fifteen (15') feet in height, not to exceed the required setback for a Principal Building in the zone.

(ee)

In the R-10, R-15, and R-15A Zone Districts, the building height shall be defined as the vertical dimension measured from the average elevation of the finished lot grade to the highest point of the roof.

(Ord. No. 8-07, § 1(b), 3-27-2007; Ord. No. 10-2010, § 2, 8-10-2010; Ord. No. 2-2011, § 1, 1-25-2011; Ord. No. 27-2017, § 1, 10-10-2017; Ord. No. 2-2021, § 1, 3-2-2021; Ord. No. 33-2023, § I(Exh. 1), 12-19-2024; Ord. No. 2026-01, § 1, 3-3-2026)

Section 6.2.1 - Establishment of Zoning Districts

The territory of the Township of Berkeley Heights is hereby divided into the following Zoning Districts:

R-20	Residential Zone
R-15	Residential Zone
R-15A	Residential Zone
R-10	Residential Zone
DD	Downtown Development Zone
DMX	Downtown Mixed Use Zone
HB-2	Housing-Business Zone
HB-3	Housing-Business Zone
DH-12	Downtown Housing Zone
DH-18	Downtown Housing Zone
DH-24	Downtown Housing Zone
AH-1	Attached Housing Zone
AH-3	Attached Housing Zone
AH-4	Attached Housing Zone
AH-5	Attached Housing Zone
AH-6	Attached Housing Zone
AH-7	Attached Housing Zone
OR	Office and Research Zone
OR-B	Office and Research Zone
LI	Light Industrial Zone
MU	Mixed Use Zone
OL	Open Land Zone

(Ord. No. 8-07, § 1(a), 3-27-2007; Ord. No. 11-2010, § 3, 8-10-2010; Ord. No. 27-2017, § 2, 10-10-2017; Ord. No. 2-2021, § 1, 3-2-2021; Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

Section 6.2.2 - Zoning District Map

Except as otherwise specifically described in this Ordinance, the aforesaid Zoning Districts are hereby established by the designation, locations and boundaries set forth and indicated on the Official Zoning Map.

(Ord. No. 11-2010, § 2, 8-10-2010; Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

Editor's note— Exhibit A to Ord. No. 27-2017, adopted Oct. 10, 2017, is not set out herein but is available in the township clerk.

Section 6.2.3 - Interpretation of Zoning District Boundaries

Where uncertainty exists as to any of said boundaries as shown on said map, the following rules shall apply:

Zoning District boundary lines are intended to follow the centerline of the streets, railroad right-of-way, streams, and lot or property lines as they exist on plats of record at the time of the passage of this Ordinance, unless such Zoning District boundary lines are fixed by dimensions as shown on the Zoning District Map.

Where such boundaries are not fixed by dimensions, and where they approximately follow lot lines, and where they do not scale more than ten (10) feet distance therefrom, such lot lines shall be construed to be such boundaries unless specifically shown otherwise.

In unsubdivided land and where a Zoning District boundary divides a lot, the location of such boundary, unless the same is indicated by dimensions shown on the Zoning District Map, shall be determined by the use of the scale appearing thereon.

Where a street or public way serves as the Zoning District boundary line and the street or public way is lawfully vacated, the former centerline shall be considered the Zoning District boundary line.

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

Section 6.3.1 - R-20, R-15, R-15A and R-10 Residential Zoning

Permitted Principal Uses:

Single family detached dwellings.

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

Permitted Accessory Uses:

Detached private garage.

Private residential outdoor sports court.

Private residential swimming pool.

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

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

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

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

Dish Antenna - provided it is uncovered and:

Conforms to rear and side yard setback requirements;

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;

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

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

No roof installations are permitted.

Conditional Uses:

Public utilities uses.

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.

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.

Height, Area, and Bulk Requirements:

See Schedule of General Regulations.

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

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

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

Prohibited Uses - All Residential Zones

Carports.

Section 6.3.2 - DD: Downtown Development Zone

Permitted Principal Uses:

Retail Sales

Personal and professional services

Reserved.

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.

Reserved.

Public open spaces.

Municipal Buildings, playgrounds, and other governmental uses.

Theaters.

General and professional offices.

10.

Medical offices.

11.

Houses of worship.

12.

Schools and childcare facilities.

Permitted Accessory Uses and Structures:

Parking.

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

Garbage, trash, and recycling facilities,

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

Conditional Uses:

Car wash facilities

Prohibited Uses:

Outside storage of vehicles, construction equipment or materials.

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

Smoke and vape shops.

Drive-through facilities.

Automotive repair facilities.

Fuel service stations.

Height, Area, and Bulk Requirements:

See Schedule of General Regulations.

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.

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.

Residential Regulations:

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

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

Inclusionary Housing Component: Any project containing residential units shall meet the requirements of the Township's Affordable Housing Ordinances, applicable A4/S50 regulations and the Court approved Mediation Agreement between the Township and Fair Share Housing Center ("FSHC") dated March 27, 2025, Uniform Housing Affordability Controls (UHAC) and any applicable order of the Court and other applicable law.

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

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.

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.

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.

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 and UH AC.

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.

Outdoor Cafe Regulations.

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.

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.

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.

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

There shall be no outdoor preparation of food.

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

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.

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.

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.

Retail and Commercial Space Regulations:

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.

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.

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.

Other Provisions and Requirements.

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

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

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

Reserved.

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.

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; Ord. No. 2026-03, § 2, 3-3-2026)

Section 6.3.3 - HB Housing Business Zone

Permitted Principal Uses:

All uses permitted within the DD Zone.

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.

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.

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

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

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

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

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

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

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;

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

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

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

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.

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

Permitted Accessory Uses:

Parking.

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

Storage sheds, trash containers and recycling areas.

Private residential swimming pools and outdoor sports courts.

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

Prohibited Uses:

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.

Drive-through facilities.

Smoke and vape shops.

Automotive repair facilities.

Fuel service stations.

Height, Area, and Bulk Requirements:

See Schedule of General Regulations.

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.

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.

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.

Residential Regulations:

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

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:

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.

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.

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.

Inclusionary Housing Component: Any project containing residential units shall meet the requirements of the Township's Affordable Housing Ordinances, applicable A4/S50 regulations, and the Court approved Mediation Agreement between the Township and Fair Share Housing Center ("FSHC") dated March 27, 2025 , and any applicable order of the Court and other applicable law.

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

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.

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.

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.

Retail and Commercial Space Regulations:

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.

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.

Other Provisions and Requirements

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

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

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

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

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;

(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; Ord. No. 2026-03, § 3, 3-3-2026)

Section 6.3.4 - DH-12, DH-18 Zones

Permitted Principal Uses:

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

Parks and open space.

Municipal buildings and other governmental uses.

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.

Permitted Accessory Uses:

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

Common swimming pools and tennis courts.

Structures incidental to swimming pools and tennis courts.

Common maintenance sheds.

Conditional Uses:

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

Day care and leisure facilities.

Architectural height extensions.

Public utility uses.

Height, Area, and Bulk Requirements:

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

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

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

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.

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.

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.

Densities:

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

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:

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

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

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.

Inclusionary Housing Component:

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.

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.

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)

Section 6.3.5 - OR and OR-B: Office and Research Zones

Permitted Principal Uses:

Office buildings for executive, engineering, or administrative purposes.

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.

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

Places of worship including parish homes and religious school buildings.

Schools or other educational institutions including playgrounds and accessory buildings.

Fitness centers and recreational facilities.

Permitted Accessory Uses and Structures:

Parking facilities.

Storage buildings appropriately screened from public view.

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.

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.

A Dish Antenna provided it:

Conforms to the rear and side yard setback requirements;

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;

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

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

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.

Conditional Uses:

Public utility uses.

Comprehensive Medical Care Facilities.

Height, Area, and Bulk Requirements:

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)

Section 6.3.5.1 - MU: Mixed Use Zone

Zone Area and Intent—The MU Zone consists of Block 4102, Lot 1; Block 4301, Lots, 1.012, 1.03 (part of former Lot 1.011 and former Lot 1.02), 1.04 (formerly Lot 1.011) and 1.05 (formerly Lot 1.02); and 1.02, along with serving as an overlay on those properties known as Block 4101, Lots 2-19. 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.

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. In accordance with Article 4.8 of the Township Code, the Applicant shall apply to the Township's Technical Review Committee (TRC) prior to any development application being deemed administratively complete.

Permitted Principal Uses.

MU Zone (eastern side of Plainfield Avenue).

Offices.

Research and development facilities.

Multifamily residential dwellings.

Mixed use structures.

Retail sales (including grocery stores), and restaurants, including without limitation, food and/or beverage structures and establishments, including breweries and indoor/outdoor cafes, and including catered events.

Fitness centers, including spa facilities.

Recreational uses and facilities, including outdoor sports courts/areas, fitness areas, outdoor hiking paths/trails, public assembly areas and skating rinks.

Entertainment uses and venues, including performance spaces associated with or located within permitted uses, and including indoor/outdoor movies and concerts.

Hotels.

Dog parks, parks, and playgrounds.

Municipal buildings and other governmental uses.

Places of worship including parish homes and religious school buildings.

Daycares, schools (including nursery schools) or other educational institutions.

Personal and Professional Service Establishments.

Health/medical facilities, including without limitation, offices for services of health/medical/dental care professionals, including medical spas.

Veterinary clinics, pet boarding overnight, and daycare.

Social clubs.

Public and quasi-public events.

Any structure containing a combination of two (2) or more of the foregoing uses, as well as multiple structures containing any combination of any number of the foregoing uses, in either case with or without accessory uses.

MU Overlay Zone (western side of Plainfield Avenue).

Multifamily residential dwellings provided the multifamily residential building is designed with the appearance of a townhouse unit with walkways and entrances for some units along the front building elevation along Plainfield Avenue.

Townhouses.

Permitted Accessory Uses and Structures.

MU Zone (eastern side of Plainfield Avenue).

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

Health facilities (not open to the general public).

Automated storage and retrieval facilities for grocery stores.

Parking facilities, parking decks and surface parking. All parking decks/facilities adjacent to and visible from Plainfield Avenue shall be aesthetically compatible with the non-parking structures visible from Plainfield Avenue.

Standalone conference/event room structures, each not to exceed a footprint of 300 square feet.

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

Heliports, subject to the following requirements:

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

ii.

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

iii.

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;

iv.

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.

MU Overlay Zone (western side of Plainfield Avenue).

Any use or structure that is customarily incidental and subordinate to one (1) or more permitted principal uses in the MU Overlay Zone subject to Planning Board approval.

Any use or structure that is customarily incidental and subordinate to one (1) or more permitted principal uses in the MU Zone and does not contain a use that is open to the public.

Prohibited Uses.

Any use not specifically permitted shall be prohibited.

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) percent 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.

Drive-through facilities, whether principal or accessory.

Standards for Multifamily Residential Dwellings.

Multifamily Residential Density (Third Round Affordable Housing Component). Per the November 2, 2022 Planning Board resolution granting preliminary and final site plan approval for the properties pertaining to MU Zone, and further incorporated in the Township's Fourth Round Housing Element and Fair Share Plan ("HEFSP"), endorsed by the Township Council on June 26, 2025, and as settled in the Township's Consent Order for Conditional Compliance Certification ("Consent Order") entered on December 8, 2025, the properties pertaining to the MU Zone shall provide a maximum of three hundred twenty-eight (328) total multifamily rental units, inclusive of forty-five (45) affordable family rental units, used to satisfy a portion of the Township's Third Round affordable housing obligation.

Multifamily Residential Density (Fourth Round Affordable Housing Component). As granted by the Fourth Round HEFSP and Consent Order, in addition to the residential density permitted as part of the Third Round Affordable Housing Component, an additional four hundred eighty (480) multifamily rental units, inclusive of a twenty (20) percent set aside, shall be permitted to be constructed in the MU Zone, which set aside will be used to satisfy a portion of the Township's Fourth Round affordable housing obligation. By way of example, the proposed 480 rental unit development would create 96 affordable rental units. Furthermore, should the Township 1) fail to identify the site location for the proposed 24-unit one hundred (100) percent affordable housing development provided as a compliance mechanism in its Fourth Round HEFSP by March 15, 2026; 2) fail to demonstrate site control for the 24-unit one hundred (100) percent affordable housing development by July 1, 2026; 3) fail to provide a pro forma of construction costs and anticipated sources of funding for the 24-unit 100% affordable housing development by December 31, 2026; and/or 4) fail to secure funding for the 24-unit one hundred (100) percent affordable housing development by July 1, 2027 in order to begin construction within two years for the construction of a 24-unit one hundred (100) percent affordable housing development, then a further additional one hundred twenty (120) multifamily rental units, inclusive of a twenty (20) percent set aside, shall be permitted to be constructed in the MU Zone, which set aside will also be used to satisfy a portion of the Township's Fourth Round affordable housing obligation. By way of further example, if all six hundred (600) rental units under this Paragraph F.2. of this Section 6.3.5.1. are constructed, one hundred twenty (120) affordable rental units would be set aside to satisfy a portion of the Township's Fourth Round affordable housing obligation.

All multifamily development shall be restricted by the maximum buildable area for the MU Zone, including the MU Overlay Zone as defined in Paragraph 1.3. of this Section 6.3.5.1.

All affordable housing units shall be non-age restricted units located within the MU Zone.

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 and all Uniform Housing Affordability Controls (UHAC) rules and regulations.

Any residential development constructed above the residential density described in paragraph F.1 and F.2 shall include a twenty (20) percent inclusionary affordable set aside.

Standards for Retail and Entertainment Uses.

The prohibition in Paragraph E.2. of this Section 6.3.5.1. shall not apply to supermarkets/grocery stores primarily engaged in the sale of food and household consumable goods, including fresh produce, meat, seafood, dairy, baked goods, packaged foods, and beverages, and may include ancillary departments such as pharmacy, floral, deli, bakery, and food court, and household goods customarily associated with food shopping.

Except in a building containing two (2) or more principal permitted uses, no single retail tenant within the MU Zone shall be less than one thousand (1,000) square feet.

Standards for Open Spaces, Landscaping, and Buffers.

A minimum of seven (7) acres of open spaces shall be provided within the MU Zone. Open spaces may consist of publicly-accessible walking/bicycle paths, parks, dog parks, at and above-grade terraces, landscaped areas, community gardens, plazas for seating and events, playgrounds, sports courts, and other fitness areas. Open space should include a combination of outdoor seating, decorative hardscape consisting of unit pavers, stone, or other high-quality materials, outdoor landscape lighting, plantings, and other similar landscape features.

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

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

Developer should provide a fifty (50) foot visual buffering between Plainfield Avenue and the portion of development in Block 4102 that is adjacent to Plainfield Avenue.

General Development Requirements.

One (1) or more permitted use may be located in one (1) building or lot. More than one (1) building or structure is permitted on any given lot.

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

The gross floor area of all buildings, excluding parking decks/structured parking facilities, in the MU Zone shall not exceed a total of two million two hundred fifty thousand (2,250,000) square feet of gross floor area and an additional one million five hundred thousand (1,500,000) square feet of gross floor area to accommodate six hundred (600) multifamily units described in Section 6.3.5.1.F.2 and permitted non-residential uses under Section 6.3.5.I.C.I.

All accessory uses, buildings and structures located within one hundred twenty-five (125) feet of the MU Zone boundary line shall be constructed to the same level of architectural design and use of building materials on all elevations as the principal permitted uses and buildings.

Bulk Requirements.

MU Zone.

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.

Maximum building height (eastern side of Plainfield Avenue):

One hundred fifty (150) feet.

ii.

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

iii.

Setbacks: all principal and accessory uses, buildings and structures, with the exception of any passive recreation trails and walkways, within the MU Zone shall be setback a minimum of seventy-five (75) feet from the boundaiy of the MU Zone along Plainfield Avenue and a minimum of fifty (50) feet from all other boundaries of the MU Zone.

MU Overlay Zone (western side of Plainfield Avenue).

Minimum Lot Area: One (1) acre.

Maximum Building Height - Principal Uses: four (4) stories and fifty-five (55) feet. The building height shall be measured along the average elevation of the finished lot grade along the front yard building setback to the highest point of roof line of the top story in the case of a flat roof, to the deck line of a mansard roof, and to the average height between the plate and ridge of a gable, hip, or gambrel roof, excluding head houses, elevator shafts, elevator tanks, chimneys, dish antennae and the like.

Maximum Building Heights - Accessory Uses: two (2) stories and thirty-six (36) feet.

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

Setbacks: all principal and accessory uses, buildings and structures, except for any passive recreation trails and walkways, within the MU Overlay Zone shall be set back a minimum of forty (40) feet from all boundary lines of the MU Overlay Zone.

Parking Requirements.

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.

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

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.

Multifamily residential dwellings shall be parked consistently with the requirements of the Residential Site Improvement Standards.

All obligations may be reduced by up to ten (10) percent with the inclusion of the required make-ready electrical vehicle parking spaces in the proposed project, consistent with N.J.S.A. 40:55D-66.20.

In the MU Overlay Zone, multifamily and townhouses shall provide 1.7 parking spaces per unit. Off-street parking spaces shall be prohibited within the front yard setback.

Any residential development within the MU Overlay Zone shall include pedestrian walkway connections to the MU Zone as approved by the Planning Board.

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 Engineer and 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.

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

A total of four (4) monument signs shall be permitted within the MU Zone, consisting of three (3) along Plainfield Avenue; one (1) at the entrance to the flyover ramp; one (1) at Connell Drive; and one (1) at the entry to any development within Block 4101 on three (3) or more contiguous parcels and one (1) along Oak Way, subject to the following requirements:

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

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

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.

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

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

All monument signs shall be externally illuminated.

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

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

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 three hundred forty-one and four tenths (341.4) square feet;

iii.

Maximum total signage area shall be two thousand six hundred twenty and eight tenths (2,620.8) square feet.

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

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.

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.

Any building with multiple tenants shall be required to submit a sign plan indicating the location and size of all wall signs, if (1) any individual sign exceeds the terms of this subsection, or (2) of the total signage area proposed exceeds two hundred (200) square feet.

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

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

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

Maximum number: One (1) sign per tenant.

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

Illumination: not permitted.

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

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

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

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

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

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 and shall be subject to review and approval by the Planning Board.

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

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

Maximum height: One hundred ten (110) feet.

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.

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

All development within the MU Zone which commences after the effective date of this Ordinance shall be required to comply with the terms of Chapter 13.12 of the municipal code relative to the Township's Sewer Service System. A Developer's Agreement shall be entered into as part of any development application relative to projects in the MU Zone and shall satisfy the requirements of an End User Sewer Agreement and address any offsite improvements and any public on-site improvements determined to be necessary to accommodate the proposed development in the MU Zone and the MU Overlay Zone, which shall be the responsibility of the Developer.

The amendments to the MU Zone shall not apply to site plan approvals received prior to the adoption of this amendment.

(Ord. No. 2-2021, § 2, 3-2-2021; Ord. No. 33-2023, § I(Exh. 1), 12-19-2024; Ord. No. 2026-02, § 1, 3-16-2026)

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.

Section 6.3.6 - LI: Light Industrial Zone

Permitted Principal Uses:

Light industry.

Warehouses.

Automotive repair facilities.

Fuel service stations.

All uses permitted in OR and OR-B Zones.

Permitted Accessory Uses and Structures:

Storage buildings appropriately screened from public view.

A Dish Antenna provided it:

Conforms to the rear and side yard setback requirements;

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;

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

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

No roof installations are permitted.

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

Conditional Uses:

Public utility uses.

Parking of School Buses and Commercial Vehicles.

Height, Area, and Bulk Requirements:

See Schedule of General Regulations.

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

Section 6.3.7 - OL: Open Land Zone

Permitted Principal Uses:

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

Public buildings and public and private schools and grounds.

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

Public and private reservations and conservation areas.

Permitted Accessory Uses:

A Dish Antenna provided it:

Conforms to the rear and side yard setback requirements;

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;

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

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

No roof installations are permitted.

Conditional Uses:

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

Height, Area, and Bulk Requirements:

See Schedule of General Regulations.

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

Section 6.3.8 - AH-1, AH-3, AH-4, AH-5, AH-6, AH-7: Affordable Housing Zones

Permitted Principal Uses:

Housing in accordance with the following densities:

AH-1: 11 units per gross acre;

Reserved.

AH-3: 13 units per gross acre;

AH-4: 13 units per gross acre;

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

AH-6: 5 units per gross acre;

AH-7: 5.25 units per gross acre.

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

Permitted Accessory Uses:

Detached private garage.

Private residential outdoor sports courts.

Private residential swimming pools.

Storage sheds.

Gatehouse or caretakers building which may include a dwelling unit.

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

Conditional Uses:

Public Utilities.

Height, Area, and Bulk Requirements:

See Schedule of General Regulations.

Minimum/Maximum Floor Area Per Unit:

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.

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.

Parking Requirements:

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

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

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

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.

Reserved

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

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

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

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

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)

Section 6.3.9 - DMX: Downtown Mixed Use Zone

Permitted Principle Uses:

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

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)

(7)

(8)

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

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

(1)

(2)

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

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

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

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.

Parks and open space.

Municipal buildings and other governmental uses.

Permitted Accessory Uses:

Attached garages, shared parking lots, common attached garages.

Common swimming pools and tennis courts.

Structures incidental to swimming pools and tennis courts.

Common maintenance sheds.

Conditional Uses:

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

Assembly or packaging of products from previously prepared materials;

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

Public utility or public service facilities.

Height, Area, and Bulk Requirements:

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.

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

Densities:

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.

Inclusionary Housing Component:

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.

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)

Section 6.3.10 - Residential Garage Construction:

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.

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.

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)

Section 6.4.1 - Uses Prohibited to All Zones

The following uses and activities are specifically prohibited in all zones:

Sales or rentals of new or used motor vehicles or trailers.

Coin-operated dispensers, including mechanical and automatic machines in which a product is returned, except when located in a principal building in other than a residential zone.

Retail laundries, cleaning or dyeing establishments employing more than four (4) persons and all non-retail establishments.

The storage of crude oil or any volatile products or any highly flammable liquids or gas above ground in tanks having a capacity of more than three hundred (300) gallons.

Drive-through facilities, road stands or refreshment stands.

Pipelines which are not public utilities that distribute services to end users and are unregulated by the State of New Jersey Board of Public Utilities are prohibited within any zone in the Township.

All classes of cannabis establishments or cannabis distributors or cannabis delivery services as said terms are defined in section 3 of P.L. 2021, c. 16, but not the delivery of cannabis items and related supplies by a delivery service located outside of the Township.

Without any way limiting the specific prohibitions, restrictions or limitations contained anywhere else in this Ordinance, in all zones of the Township any uses not specifically permitted in Article 6.3 herein are prohibited.

Vape shops and smoke shops.

Sexually-oriented businesses.

(Ord. No. 13-2015, § 1, 10-6-2015; Ord. No. 9-2021, § 2, 6-15-2021; Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

Section 6.4.2 - Uses Prohibited in Certain Zones

Display or storage of goods in the DD, HB-2, and HB-3 Zones.

In the DD, HB-2, and HB-3 Zones, there shall not be displayed, stored, maintained, allowed, permitted, or suffered any goods, materials, equipment, vehicles or products of any character or description for sale, lease, display, storage, or any other purpose unless the same shall be inside the business structures where the activity is carried on except as set forth below:

Outside displays on "sale days."

The Township Mayor and Council may proclaim by resolution certain days, commonly known as "sales days," limited to three (3) consecutive days twice within one (1) year. "Sales days" shall permit sales of merchandise within the DD, HB-2 and HB-3 Business Zones on the sidewalk or the exterior of any building within these zones by permit.

Permits shall be issued by the Township Mayor and Council of Berkeley Heights upon request, in writing, by individuals or groups of businesses agreeing to hold such sales at the same time.

Displays shall not obstruct, in any manner, pedestrian traffic on public sidewalks into a lane narrower than four (4) feet wide.

Displays shall be permitted on "Sales Days" on private parking lots in the DD, HB-2, and HB-3 Business Zones, provided that no display or activity shall block pedestrian or vehicular traffic and access for emergency vehicles.

The Township Mayor and Council may, by resolution, permit the use of Township property or portions of the public right-of way by groups or associations of local merchants engaging in a special community, sale, or display event on a single day.

Sale of natural Christmas Trees, wreaths, sprays and similar Christmas or other seasonal decorations out of doors.

The Township Clerk may issue a special temporary permit to allow the sale of natural Christmas trees, wreaths, sprays and similar Christmas or other seasonal decorations out-of-doors in the DD, HB-2, and HB-3 Zones. Such permit may include authorization to utilize a temporary shed, trailer, or like structure during the period of sale to provide shelter for those conducting the sale.

In the event that an applicant whose security deposit for any prior year was forfeited for failure to timely clean and restore a site for which he (or any firm, corporation, or other business entity with which he was associated) received a permit applies to the Township Clerk for a permit under this section, or any application is made for a permit for a sale subject to this section on property for which a permit was issued for any prior year and a forfeiture of deposit made under such prior permit, the Township Clerk shall not issue a permit but shall refer the matter to the governing body which shall have the authority to deny the permit, grant the permit, or grant the permit with additional conditions and/or an increased security deposit of $1,000.00. In making any determination on the permit the governing body may consider the records relating to any prior forfeiture and may, but shall not be required to hold a formal hearing on the application.

Application for such special permit shall be made in writing and must include the applicant's name, address and telephone number, the consent of the owner of the property upon which the sale will be conducted if not the applicant, a description of the items to be sold, a complete description of the shelter to be used and a plan showing its location on the property. The shelter shall be subject to the required setbacks for accessory buildings in the Zone in which the sale will be conducted.

Each application shall be accompanied by a non-refundable application fee of $25.00 for administrative costs. Prior to the issuance of an approved permit, the applicant shall post with the Township Clerk a deposit of $25.00 as security for the faithful performance of all of the conditions of such permit. The township shall be entitled to use all or any part of such deposit to correct any condition caused by the failure of the applicant to comply with the conditions of the permit. The deposit or any remaining portion shall be returned to the applicant upon certification by the Township Zoning Officer that said applicant has complied with all of the conditions of his permit and the area used for the sale has been cleaned and restored to the condition it was in prior to the commencement of the sale. In the event that the site has not been cleaned and restored in accordance with sub-paragraph I below, and the Township Zoning Officer has not granted an extension of such time period because of weather conditions, or if the site is not cleaned and restored within any such extended time period, the deposit shall be forfeited to the Township and the Township may clean up and restore the site and the costs thereof, without credit for any forfeited deposit shall be certified by the Township Mayor and Council to the Tax Collector and shall become a municipal tax lien upon the property until paid.

There shall be no trees, wreaths, sprays or other seasonal decorations for sale or any other materials use in connection with such sale, including signage or fencing, placed in any township right-of-way or upon any property which is not set forth in the permit.

In the event portable generators are to be used for supplying electric power, or any other mechanical equipment is used in connection with the sale, it shall comply with the provisions of the Township Noise Ordinances (Code of the Township of Berkeley Heights Chapter 59).

Temporary fencing shall be used to enclose and secure the area of the sale.

Sales may be conducted between the hours of 9:00 a.m. and 9:00 p.m.

The site shall be cleaned and restored to its condition prior to the commencement of the sale not more than five (5) days after the last sale date but in no event later than January 3 of the next calendar year.

Each sale location may have one (1) sign facing each adjacent public right-of-way. The sign may not exceed eight (8) square feet in area and shall not be illuminated when the location is not open for sales.

The Township Mayor and Council may impose such other restrictions, limitations, and conditions as it deems advisable to protect the public health, safety, and welfare.

In the event that an applicant whose security deposit for any prior year was forfeited for failure to timely clean and restore a site for which he (or any firm, corporation, or other business entity with which he was associated) received a permit applies to the Township Clerk for a permit under this section, or any application is made for a permit for a sale subject to this section on property for which a permit was issued for any prior year and a forfeiture of deposit made under such prior permit, the Township Clerk shall not issue a permit but shall refer the matter to the governing body which shall have the authority to deny the permit, grant the permit or grant the permit with additional conditions and/or an increased security deposit of $1,000.00. In making any determination on the permit the governing body may consider the records relating to any prior forfeiture and may, but shall not be required to hold a formal hearing on the application.

Any person violating any provision of this Section 6.4.2 shall be subject to the penalties provided in Section 1-8, General Penalties of the Code of the Township of Berkeley Heights. Any penalty imposed under Section 1-8 shall be in addition to the other remedies provided herein. In the event of any violation of this section 6.4.2 the permit holder and the owner of the property on which such violation occurs shall both be liable for such violation and shall both be subject to punishment for such violation.

Any person violating any provisions of this Section 6.4.2 shall be subject to the penalties provided in Section 1-8, general penalties of the Code of the Township of Berkeley Heights. Any penalty imposed under Section 1-8 shall be in addition to the other remedies provided herein. In the event of any violation of this Section 6.4.2 the permit holder and the owner of the property on which such violation occurs shall both be liable for such violation and shall both be subject to punishment for such violation.

Automobile laundries in all zones except HB-3.

Carports in all Residential Zones.

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

Section 6.4.3 - Uses Prohibited in All Zones; Nuisance Factors

There is prohibited everywhere in the Township all uses characterized by one (1) or more "nuisance factors" as such uses which:

Disseminate smoke, fumes, gas, dust, odor, or any atmospheric pollutant beyond the boundaries of the lot occupied by such use.

Discharge of any waste material whatsoever into any watercourse except in accordance with existing state and local requirements.

Disseminate glare or vibration beyond the immediate site on which such use is conducted.

Create physical hazard by reason of fire, explosion, radiation, or similar cause to property in the same or adjacent zones.

Create noise which is in violation of the Noise Ordinance of the Township.

Require open storage unless screened from public view or in an enclosure or building.

A partial list of such prohibited uses are as follows:

Acetylene gas manufacture for commercial purposes.

Acid or chemical manufacture, except drugs and pharmaceuticals and the intermediates, therefore.

Ammonia, chloride, or bleaching powder manufacture.

Asphalt manufacture or refining.

Automobile graveyards.

Billboards.

Blast furnace for steel-making.

Boiler shops, structural steel fabricating shops, steel car shops, locomotive shops and railway repair shops, metalworking shops operating powered hammers or chisels.

Brick, concrete products, terra cotta or tile manufacture.

10.

Carbon, lampblack, stove blacking, graphite, or stove polish manufacture.

11.

Celluloid or other cellulose products manufacture.

12.

Cement or cement block manufacture.

13.

Coal-tar products manufacture.

14.

Coke ovens.

15.

Commercial Establishments having more than a total of two (2) devices such as: billiard tables, pool tables or pin ball machines or other electromechanical or electronic gaming devices.

16.

Crematory.

17.

Creosote treatment or manufacture.

18.

Disinfectant, insecticide, or poison manufacture.

19.

Distillation of coal, wood, or bones.

20.

Dry cleaning except dry cleaning with a noninflammable cleaning liquid approved by the Board of Fire Underwriters.

21.

Dyeing - industrial.

22.

Fat rendering.

23.

Fertilizer manufacture or potash refining.

24.

Fish smoking or curing.

25.

Forge shop.

26.

Gas storage in bulk, for resale.

27.

Glue, size or gelatin manufacturing or processes involving recovery from fish or animal offal.

28.

Incineration, reduction or dumping of offal, refuse or garbage, except where operated by the municipality.

29.

Junk yards.

30.

Mausoleum, vault, or crypt.

31.

Open-air commercial amusements except by special permit of the Township Mayor and Council.

32.

Paint, oil, varnish, turpentine, shellac, or enamel manufacture.

33.

Penal institutions.

34.

Perfume and extract manufacture.

35.

Petroleum refining and the manufacture of petrochemical products.

36.

Printing ink manufacture.

37.

Public dance hall.

38.

Radio, microwave or T.V. transmitting or receiving towers exceeding fifty (50) feet.

39.

Raw or green salted hides or skins, their storage, coloring, curling, dressing, or tanning.

40.

Rubber, caoutchouc or gutta-percha manufacture, from crude or scrap material.

41.

Sandpaper and emery cloth manufacture.

42.

Sewage disposal plant, except where operated by the municipality.

43.

Slaughterhouses.

44.

Soap, soda or washing compound manufacture.

45.

Starch, glucose or dextrine manufacture.

46.

Stockyards.

47.

Stone crushing.

48.

Storage of petroleum products in bulk above ground; and provided that nothing herein contained shall prevent the storage of lubricating and vegetable oils and greases in metal tanks, drums, and other suitable containers of not more than fifty-five (55) gallons individual capacity.

49.

Sulfurous, sulfuric, nitric, or hydrochloric acid manufacture.

50.

Tallow, grease, lard or candle manufacture or refining.

51.

Tar distillation or the manufacture of dyes.

52.

Tobacco processing.

53.

Trailers occupied for living or dwelling purposes.

54.

Use involving shipping of cargo or products of such weight that vibration causes annoyance to neighboring property.

55.

Vinegar, pickle sauerkraut or sausage manufacture in bulk.

56.

Wool pulling or scouring.

57.

Yeast manufacture.

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