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Bernardsville City Zoning Code

§ LD-12-12.3

General Provisions.

[Added 10-13-2020 by Ord. No. 2020-1852; amended 3-27-2023 by Ord. No. 2023-1957]
a. 
Definitions. The following definitions shall apply solely to the Downtown District. Terms contained in this section shall govern where they are in conflict with the other sections of the Land Development Ordinance except where terms are not defined herein, the definitions contained in Article I, § 1-3.2 shall apply:
ARTICULATION
Treatment of a building facade through the use of offsets, recesses, attachments, and/or openings to reduce the mass of the facade.
ARTISAN MANUFACTURING
The shared or individual use of hand-tools, mechanical tools and electronic tools for the manufacture of finished products or parts including design, processing, fabrication, assembly, treatment, and packaging of products; as well as the incidental storage, sales and distribution of such products. Typical artisan manufacturing uses include, but are not limited to electronic goods; food, drink and bakery products; printmaking; household appliances; leather products; jewelry and clothing/apparel; metal work; furniture; glass or ceramic production; paper manufacturing; provided such facilities are open to the public for the retail sale of goods or services.
ATTACHMENT
A structure, excluding signage, attached to the facade of a building.
BALCONY
A covered or uncovered occupiable platform attached to a building facade.
BAY WINDOW
A space with windows that projects outward from a building facade and forms a recess within.
CEILING
The upper finished surface of a story.
DEVELOPMENT PLAN
The documents necessary to demonstrate to the Zoning Official that proposed development, as defined in the Land Development Code, is in compliance with this section.
ENTRANCE
An opening intended for the entry or exit of pedestrians in a building.
FACADE
The face of a building.
FACADE, BLANK
The portion of a facade per story that is permitted to have no articulation or opening.
FRONTAGE
The area between a building facade and a street, including built and planted elements. Private frontage is located between a building facade and lot line adjacent to a street. Public frontage is located in the street right-of-way adjacent to a lot line.
FRONTAGE BUILDOUT
The portion of a building facade built within the build-to zone.
HOTEL
An establishment that is not a bed and breakfast or motel, that provides sleeping accommodations and customary lodging services, including dining facilities, maid service, and the furnishing of furniture and bed linens to a transient population.
MOTEL
A building or series of buildings in which lodging is offered for compensation in which each rental unit has direct independent access to, and adjoining parking for each unit.
OFFICES
Includes co-working spaces.
OPENING
A window or door within a building facade.
PARAPET
A low, protective wall along the edge of a building roof.
PORCH
A covered, occupiable platform attached to a building facade near grade level.
PRINCIPAL BUILDING
A building in which the primary use on the property is conducted.
ROOF
The structure forming the upper covering of a building including parapet walls.
STOOP
A covered platform attached to a building facade near a building entrance.
STORY
A portion of a building between the surface of any floor and the surface of the floor next above it, or, if there is no floor above it, the space between such floor and the ceiling next above it as follows:
Any finished floor surface entirely above the established predevelopment grade shall be counted as a story, except that a basement shall be considered to be a story above grade where the finished surface of the floor above the basement is:
1. 
More than six feet above the existing grade; or
2. 
More than six feet above existing grade for more than 50% of the total building perimeter; or
3. 
More than 12 feet above grade at any point.
STREET, PRIMARY
The fronting street of a lot; or when a lot fronts on more than one street, the street with the wider right-of-way which carries the greater average daily traffic volume shall be considered the primary street. In the event of two street frontages where the street has a greater average daily traffic volume but is not the wider street, the primary street shall be determined by the Planning Board based upon the orientation of the proposed building(s) and the character of the surrounding development.
STREET, SECONDARY
Street determined to not be a primary street.
TRANSPARENCY
The portion of the building facade made up of openings.
b. 
Design Standards. Design Standards are prescriptive, quantifiable measures and rules that provide specific direction for meeting the intent of this section. Design Standards use terms such as "shall" or "must" to indicate that compliance with the standard is required.
c. 
Design Guidelines. Design Guidelines are recommended approaches for meeting the intent of this section. Design Guidelines use terms such as "should" to indicate that the guideline is relevant to the intent and will be considered during the review process.
d. 
Applicability of Regulations.
1. 
Existing Development. Any existing use, lot, building or other structure legally established prior to the effective date of this § 12-12, Downtown District,[1] that does not comply with any provision of these specific regulations is a legal non-conforming use pursuant to Chapter 12-26 Non-conforming Lots, Uses, and Structures.
[1]
Editor's Note: Section 12-12, Downtown District, adopted 10-13-2020 by Ord. No. 2020-1852.
2. 
New Development. New construction or redevelopment of property that is not otherwise exempt shall comply with all applicable provisions of this section.
3. 
Additions. Except as provided elsewhere, any addition to an existing building or buildings shall be constructed or developed in accordance with all applicable provisions of this section if any of the following criteria are met:
(a) 
The addition fronts a public right-of-way; or
(b) 
The gross floor area of the addition exceeds 25% of the gross floor area of the existing building or structure being modified. Building additions less than 25% shall still require site plan approval in conformity with the applicable building height and setback requirements for the subdistrict in which the property is located.
4. 
Modifications. Except as provided elsewhere, any modification to an existing part of a building or buildings shall comply with the provisions of this section if both of the following criteria are met. Only modifications that meet the criteria are required to comply with the provisions of this section and shall not require the unmodified portions of the building to be brought into compliance:
(a) 
The building part is regulated by this section; and
(b) 
The proposed modification fronts a public right-of-way.
5. 
Repair and Maintenance. Routine repairs and maintenance of an existing building or site are permitted and are not required to comply with the provisions of this section. If parts of a building have deteriorated beyond the point where they can be repaired to code, they shall be replaced in kind. Parts of a building that are not replaced in kind shall be considered modifications and comply with the provisions for Modifications under § 12-12.3(d)4.
6. 
Changes of Use. Except as provided elsewhere, any change of use within an existing building or structure shall comply with the parking and signage provisions of this section.
e. 
Maximum Permitted Residential Density. For any proposed multifamily residential or mixed-use commercial development that incorporates a residential component within any subdistrict of the Downtown District, the proposed residential density shall not exceed thirty-five (35) dwelling units per acre except for property declared as an Area in Need of Redevelopment which shall be governed by a Redevelopment Plan prepared pursuant to N.J.S.A. 40A:12A-1 to 22.