Intent, paragraph b.

Site Plan Review, paragraph c.

General development standards, paragraph d.

Signs, paragraph i.

Parking, paragraph j.

"Main Street District" Place Character Standards, paragraph e.

"Arts District" Place Character Standards, paragraph f.

"Downtown Residential District" Place Character Standards, paragraph g.

Enclose the street,

Define the downtown space,

Facilitate the creation of place, and

Create protected and uninterrupted pedestrian zones.

Respect the existing scale of the Downtown.

Ensure that streets do not have a cavernous feeling.

Prevent the building from casting a large shadow.

Have negative visual impacts.

Detract from a pedestrian-friendly environment.

Reduce the overall market value of properties in the Downtown, and

Are generally inconsistent with the goals and objectives of the Urban Design Plan.

Is a permitted use in the district;

Consists solely of non-structural changes to the interior of a structure;

Does not increase the number of parking spaces required by ordinance; and

Does not involve any substantial site development considerations.

If the Architectural Review Subcommittee/Borough Planner determines that an application substantially meets the Facade Regulations to the best of their ability, or the applicant has agreed to alter the design to their satisfaction, the application shall be referred to the Planning Board for "Facade Improvement - Substantially Conforming" review.

If the Architecture Review Subcommittee/Borough Planner determines that an application does not substantially meet the Facade Regulations, the application shall be referred to the Planning Board for "Facade Improvement - Not Substantially Conforming" review.

The determination by the Architecture Review Subcommittee/Borough Planner that an application does or does not substantially meets the Facade Regulations shall not be considered a finding of fact.

All construction in the B/R District must comply with the regulations in paragraph d.

Applicability.

Schedule of operation. Sidewalk cafes may only operate during the regular business hours of the business with which they are associated.

Lateral clearance. Sidewalk cafes must provide at least six feet of unobstructed sidewalk for pedestrians. The minimum distance shall be measured from the portion of the sidewalk cafe encroachment, which is nearest to any obstruction within the sidewalk area. For purposes of the minimum clear path, parking meters, traffic signs, trees, and all similar obstacles shall constitute obstruction.

Enclosed sidewalk cafes. Enclosed sidewalk cafes are prohibited.

Clean-up. The operator/owner of a sidewalk cafe shall continually bus tables and provide a final cleanup at the end of the business day that will include litter pickup 35 feet in each direction from the site.

Music. The use of musical instruments or sound reproduction devices in sidewalk cafes shall be subject to the same regulations that apply to all other uses in the district.

Temporary sidewalk cafes. Temporary Sidewalk Cafes are those where tables and chairs are completely removed from the sidewalk when the business is closed.

Permanent sidewalk cafes. Permanent Sidewalk Cafes are those that include any element beyond tables and chairs and/or those cafes with any structure or element that remains on the sidewalk when the business is closed. They may include one service station that is cleaned and cleared at the end of the business day, and may not be enclosed except for the required permanent barriers described in paragraph d, 2(a)(1). Temporary walls or barriers intended to protect cafes from harsh weather are prohibited.

Design standards.

Liability. The person or persons to whom a permit for Temporary or Permanent Sidewalk Cafes has been issued shall be liable and shall indemnify the Borough for any loss, damage, injury or expense sustained by the Borough resulting from any claim or cause of action instituted or commenced by any person or persons arising out of the issuance of such permit or as a direct or indirect result of the operation of such sidewalk cafes.

Insurance. Prior to the issuance of a permit for a Temporary or Permanent Sidewalk Cafe, the applicant shall present to the Borough a certificate of insurance for comprehensive general liability, naming the Borough of Bound Brook as additional insured, for combined single limits of no less than $1,000,000 per occurrence and $2,000,000 general aggregate and umbrella limits of $1,000,000.

Maintenance and enforcement.

The outdoor display of merchandise activates streets, sidewalks and public spaces and encourages their use. The standards in this section ensure that the display of merchandise does not interfere with pedestrian activity and contributes to attractive streets and other public spaces.

Businesses with a ground floor principal entrance on Main Street, Talmage Avenue, Columbus Place, or Hamilton Street may display merchandise on the public sidewalk on municipally-approved special event days, provided the Administrative Officer determines such arrangements meet the standards of this ordinance. Outdoor display of merchandise on all other streets are subject to existing regulations.

The merchandise displayed must be substantially related to the main activity of the ground floor use. The term merchandise does not include signs.

Merchandise may be displayed during specially designated event days and only during business hours. After business hours all merchandise, and all equipment used to display the merchandise, must be removed from the public right-of-way and stored indoors.

The operator/owner of the business that displays merchandise outdoors shall continually maintain their display and provide a final cleanup at the end of the business day that will include litter pickup 35 feet in each direction from the display area.

Merchandise to be displayed is limited to within two feet of the building facade provided that at least six feet of unobstructed sidewalk remains clear for pedestrians. The minimum distance shall be measured from the portion of the sidewalk display encroachment, which is nearest to any obstruction within the sidewalk area. For purposes of determining the minimum clear path, parking meters, traffic signs, trees, and all similar obstacles shall be deemed to constitute an obstruction.

No equipment used to display merchandise may be attached to any part of the structure, facade, street light, hydrants, or the like.

All items used to display materials shall be specifically designed for that use.

All displays and materials used for display shall be maintained in good condition. Faded, crooked, deteriorated, or unsightly displays are not permitted, and shall be removed. No duct tape or similar opaque adhesives shall be permitted.

The person or persons to whom a permit for outdoor display has been issued shall be liable and shall indemnify the Borough for any loss, damage, injury or expense sustained by the Borough arising out of any claim or cause of action instituted or commenced by any person or persons arising out of the issuance of such permit or as a direct or indirect result of the operation of such outdoor display area.

Private plazas, courtyards, open spaces or other features that limit access to the public and create a significant break in the street wall are not typically found in Downtown Bound Brook and are prohibited.

Applicants seeking relief from this regulation shall be required to demonstrate that any such elements will:

In general, curb cuts are discouraged because they represent a danger to pedestrians.

If it can be established that other access points are available from other rights-of-way, new curb cuts will not be allowed on Main Street, Columbus Place, Talmage Avenue or Hamilton Street unless they replace an existing curb cut that will be closed. All attempts shall be made to avoid new curb cuts on these streets.

In instances where curb cuts are allowed, the property owner shall be required to provide cross easements to adjacent parcels in order to ultimately allow cross movement to and from all properties within the block structure. The intent of this section is to limit the number of curb cuts providing access to rear yard parking.

To provide pedestrian access to rear yard parking, passageways to the rear of buildings (cut-throughs) are required for lots of 10,000 square feet or more, or for those with 200 or more feet of street frontage. Applicants shall demonstrate that their cut-throughs will:

Applicants who can demonstrate that pedestrians can access any portion of the rear-yard parking from Main Street or Hamilton Street while walking less than 200 feet are not required to provide pedestrian cut-throughs.

All buildings must comply with Subsection 21-10.2u of this code.

In order to foster the improvement and rejuvenation of the B/R District, certain additional limited encroachments are also permitted.

Projections of existing structures whose front building line shares the front street right-of-way line shall be permitted to encroach into public street rights-of-way where such projections are resulting from building maintenance and beautification projects. These encroachments are limited to the following:

All active ground-floor uses with a window may have an awning or awnings that project between seven and 10 feet from the facade. The lowest portion of an awning's projecting frame shall be more than eight feet above the level of the sidewalk or public thoroughfare. The lowest portion of the descending valance shall be more than seven feet and six inches above the level of the sidewalk or public thoroughfare.

Above the ground floor, all windows may have awnings or solar shades that project not more than five feet from the facade. Solar shades and solar screens are prohibited on the ground floor.

Any sun screening system that covers more than 10% of the building facade requires review and approval by the Planning Board.

The ground floor of all buildings must be an active use. For the purpose of this section, an active use is any use permitted on the Ground Floor.

Any mix of uses is allowed, provided they are allowed on their respective floors.

Permitted and Prohibited Principal Uses can be found in Subsection 21-10.15 - Figure 2. If a use is not listed, it shall be presumed to be prohibited.

The following uses are explicitly prohibited in the Main Street District: new and used car lots, parking lots (but not offices) for automotive rentals, repairs and sales, junk yards, gas stations, outdoor amusements, trailer camps; warehouses and storage buildings, rooming and boarding houses, public garages, adult entertainment, adult bookstores, go-go dancing establishments, pool halls, bail bondsmen, pawn shops, and drive-in or drive-through establishments or facilities.

Permitted and Prohibited Accessory Uses can be found in Subsection 21-10.15 - Figure 3.

The standards in this section promote new construction that is consistent with the goals and objectives of the Downtown Urban Design Plan, which has been adopted as part of the Borough's Master Plan; legalize the existing fabric to allow for renovations and adaptive reuse of structures; discourage extensive demolition and redevelopment of existing structures; and protect the historic fabric that gives Downtown Bound Brook its character.

Lots smaller than 10,000 square feet shall have a minimum and maximum building height of three stories or 40 feet, whichever is the lesser.

Lots larger than 10,000 square feet shall have a minimum building height of three stories and a maximum building height of five stories or 70 feet, whichever is the lesser, provided that all stories above the first three stories (or 45 feet) are stepped back from the street facade plane by at least 10 feet.

One- and two-story structures are allowed only if they were constructed before January 1, 2014.

The future success of Downtown Bound Brook is dependent on offering a variety of housing options. No building with more than three residential units may provide only efficiency units. New construction and renovations shall contain a mix of one- and two-bedroom units.

The standards in this section will ensure a consistent street wall along Main Street, Talmage Avenue, and Columbus Place and create opportunities for ample sidewalk space. Both conditions contribute to active and walkable streets.

Buildings with 100 feet or more of street frontage shall provide a sidewalk setback of 20 feet.

Buildings with less than 50 feet of street frontage shall have a sidewalk setback equal to the sidewalk setback of adjacent buildings or a zero-foot sidewalk setback, whichever is greater.

Main Street's character is partially defined by a continuous array of attached buildings that establish a well-defined street wall. The standards in this section ensure that new construction and renovations continue the street wall, help define the public space, make Main Street pedestrian friendly, and ensure ground floor uses activate the street.

No side yards are allowed except when a side yard abuts a residential zone.

When a side yard abuts a residential zone, that yard must have a minimum ten-foot setback and include plantings or other screening devices that will effectively protect the privacy of the residential neighbor.

Applicants seeking relief from this section shall be required to demonstrate that any proposed deviation:

All buildings shall be built with a minimum twenty-foot rear yard setback except for lots abutting a residential district.

Lots abutting a residential district shall observe a thirty-foot rear yard setback and include plantings or other screening devices that will effectively protect the privacy of the residential neighbor.

In addition to the regulations outlined in this section, all parking must conform to paragraph j., Parking.

All surface and structured parking shall be located behind the principal structure in the rear yard. No front or side yard parking is allowed.

Parking Decks are permitted as an accessory use in the Main Street District provided they meet the following conditions.

Relief considerations:

Sidewalks along Main Street and side streets shall be constructed of high strength colored and stamped patterned concrete as per the adopted Main Street standard.

Approved street trees shall be provided 30 feet-on-center and follow the adopted Main Street standard.

The following building types are allowed in this district. All buildings must conform to paragraph h.

Intent of facade regulations:

All buildings will be built with a Base, Shaft and Crown. The regulations regarding Base, Shaft and Crown will govern all facades that face a public right-of-way.

Materials.

The intent of this section is to reinforce the rhythm of storefronts along Main Street in an effort to ensure an active street that is visually interesting and pedestrian-friendly.

All ground floor facades will be divided into Storefront Sections of between 20 and 35 feet. Divisions between Storefront Sections will be identified through changes in materials, changes in color, and/or the use of horizontal bands.

The base shall be finished with a cornice, horizontal decorative molding, or similar horizontal expression line.

Entrances.

Ground floor elevation. Ground-floors should be no more than 18 inches above sidewalk level, unless additional elevation is required by flood hazard area regulations.

First story clear height. The first story shall be between 15 feet and 18 feet in height.

All storefronts are encouraged to have an awning consistent with the standards in paragraph d.8.

Doors, and Windows.

The intent of this section is to establish harmony with the existing building context.

Facade strategies. All buildings in the Main Street Place Character District will employ one of the following Shaft Strategies:

Windows and Bays:

Traditional Main Street Strategy.

Contemporary Main Street Strategy 1.

Contemporary Main Street Strategy 2.

Italianate main street strategy.

Neoclassical Main Street Strategy.

Bound Brook has a historical tradition of flat roofs. All roofs shall be flat or have pitch sufficiently low as to be indiscernible from the ground.

Green roofs are permitted and encouraged.

Private outdoor space on rooftops is permitted and encouraged.

Bound Brook has a historical tradition of cornices. Unless an Italianate Main Street Strategy is used on the Shaft, buildings of three stories or less shall have a cornice as the crown that extrudes a minimum of five inches and a maximum of 12 inches.

If an Italianate Main Street Strategy is used on the Shaft, the crown will be an eave that extends no more than two feet with corbels or other decorative support brackets.

Buildings of more than three stories shall have a ten-foot building step-back along street frontages. Those stories stepped back from the facade plane shall act as the building Crown and must conform to the following standards:

Cornices must be present at both the building step-back line (three stories) and at the top of the final story (4th or 5th story). Cornices will extrude a minimum of five inches and a maximum of 12 inches.

If a building has more than one facade that faces onto a public right-of-way, an applicant may employ different strategies on different facades provided the applicant demonstrates that the building will meet the goals and objectives of this code as determined by the Planning Board.

An applicant that does not wish to employ one of the above strategies should demonstrate that their proposal will:

Buildings that have facades that front onto more than one street may demarcate the corner of the structure through the use of unique materials and window patterns subject to design review and approval from the Planning Board.

All regulations in paragraph f apply to parcels identified in Subsection 21-10.15 - Figure 1 as being in the Arts District. (Figure 1 may be found at the end of this subsection.)

The intent of the Arts District is to encourage an active, mixed-use, area with vibrant entertainment and cultural environment drawing residents, businesses, and visitors to the area. The area is envisioned as a walkable, active arts district with a strong concentration of commercial uses that are supportive of the arts.

The Arts district is created to increase awareness and support for arts, culture, and the creative economy in the Borough of Bound Brook.

Art- and culture-related uses and organizations add cultural and economic diversity to the Borough; enhance the lives of the Borough's residents and visitors and positively impact the Borough's economy by generating jobs and revenue and retaining a competitive workforce.

The co-location of art- and culture-related uses and organizations within a defined Arts and Cultural District within the Borough will enhance those businesses and organizations to more effectively promote their common interests.

The location of art- and culture-related uses and organizations within close proximity within the Borough will encourage the growth of creative industries, as well as complementary businesses, thus increasing the overall economic activity within the District and other neighboring areas.

Art and arts-related uses can increase the value of a development projects, help to lease space more quickly, enhance the image of the community, promote cultural tourism, and provide a visible and lasting contribution to the community.

Art and arts-related development enriches and celebrates community identity.

The ground floor of all buildings must be an active use. For the purpose of this section, an active use is any use permitted on the Ground Floor.

Any mix of uses is allowed, provided they are allowed on their respective floors.

Permitted and Prohibited Principal Uses can be found in Subsection 21-10.15 - Figure 16 below. If a use is not listed, it shall be presumed to be prohibited.

The following uses are explicitly prohibited in the Arts District: new and used car lots, parking lots for automotive rentals, repairs, and sales, junk yards, gas stations, outdoor amusements, trailer camps; warehouses and storage buildings, rooming and boarding houses, public garages, adult entertainment, adult bookstores, go-go dancing establishments, tattoo parlors, massage parlors, tanning salons, pool halls, bail bondsmen, pawn shops, and drive-in or drive-through establishments or facilities.

Permitted, Conditional, Prohibited Accessory Uses can be found in Subsection 21- 10.15 - Figure 17 - Accessory Uses in Arts District.

Uses identified as conditional upper-story uses in Subsection 21-10.15 - Figure 17 are permitted provided they have a ground floor presence, including a dedicated entrance and ground floor space, or, at a minimum, a ground floor window display.

The standards in this section:

A maximum building height of three stories or 40 feet, whichever is the lesser, for buildings facing Main Street; and two stories or 30 feet for buildings facing Hamilton Street, Maiden Lane and West 2nd Street.

One-story buildings are not allowed unless built before August 12, 2014.

Additional building height can be achieved through the provision of Arts space as detailed in Arts Bonus paragraph f.18.

The standards in this section will ensure a consistent street wall along Hamilton Street and create opportunities for ample sidewalk space. Both conditions contribute to active and walkable streets.

All buildings shall have a sidewalk setback equal to the sidewalk setback of adjacent buildings, or a zero foot yard setback, whichever is greater.

In instances where adjacent buildings have different sidewalk setbacks, the building shall match the larger of the two setbacks.

In instances where there are no adjacent buildings, the building shall be setback an average of the two closest buildings.

Among other criteria, any applicant seeking relief from the Hamilton Street Sidewalk Setback may be required to demonstrate that their project:

Hamilton Street character is partially defined by a continuous array of attached buildings that establish a well-defined street wall. The standards in this section ensure that new construction and renovation continue the street wall, help define the public space, make Hamilton Street pedestrian friendly, and ensure ground floor uses activate the street.

No side yards are allowed except when side yard abuts a residential zone.

When a side yard abuts a residential zone, that yard must have a minimum ten-foot setback and include plantings or other screening devices that will effectively protect the privacy of the residential neighbor.

Among other criteria, applicants seeking relief from this regulation may be required to demonstrate that any such element.

All buildings shall be built with a minimum ten-foot rear yard setback except when the B/R Zone abuts a residential zone.

When a rear yard abuts a residential zone, that yard must have a minimum twenty-foot setback and include plantings or other screening devices that will effectively protect the privacy of the residential neighbor.

The intent of this section is to encourage the construction and display of public art in the Arts District. This section does not extend to the display of installations with religious connotations or affiliations.

Temporary public art installations on the public right-of-way are those intended to remain less than 60 days. They are permitted subject to approval by the Administrative Officer. Applicants must provide a date by when the installation will be removed. Installations not removed by the designated date shall be fined $50 per day.

Permanent public art installations on the public right-of-way are permitted subject to Planning Board design review. Applicants must provide a concept plan showing all details of the installation, as well as a plan for regular maintenance of any installation.

Art installations on sidewalks are encouraged provided they allow at least six feet of unobstructed sidewalk for pedestrians. The minimum distance shall be measured from the portion of the installation nearest to any obstruction within the sidewalk area. For purposes of determining the minimum clear path, parking meters, traffic signs, trees, and all similar obstacles shall constitute obstruction.

Art installations on building facades and walls are encouraged and should primarily consist of murals or other decorative pieces that do not project from the facade more than six inches. Installations on buildings should not obscure architectural details and shall not obstruct windows, doorways or emergency exits.

Art installations may not include commercial messaging. Signs are not considered art for the purposes of this section.

The following art installations shall receive the highest level of design scrutiny by the Planning Board and pose the highest risk of creating a nuisance for the community. If any installation has any of the qualities listed below, Planning Board approval is necessary, even for a Temporary Installation.

All parking must conform to Parking, paragraph j.

Parking Decks are not permitted as an accessory or principal use in the Arts District.

All parking shall be located behind the principal structure in the rear yard. No front or side yard parking is allowed.

The building types listed in Subsection 21-10.15 - Figure 19 - Building Type in Arts District are allowed in this district. All buildings must conform to paragraph h.

Intent of facade regulations.

All buildings will be built with a Base, Shaft, and Crown. The regulations regarding Base, Shaft, and Crown will govern all facades that face a public right-of-way.

Materials.

The intent of this section is to reinforce the rhythm of storefronts along Hamilton Street in an effort to provide a more active street that is pedestrian friendly.

All ground floor facades will be divided into Storefront Sections between 20 feet and 35 feet. Divisions between Storefront Sections will be identified through changes in materials, changes in color, and/or the use of columns. Columns shall not extend beyond the facade more than six inches.

Entrances.

Ground-floor elevation. Ground-floors should be no more than 18 inches above sidewalk level, unless a higher elevation is required by Flood Hazard Area regulations.

First story clear height. The first story shall not exceed 18 feet in height.

All storefronts are permitted to have an awning or overhang that is consistent with the standards in paragraph d.8.

Doors, and Windows.

Facade strategies.

Windows.

Crown. The Crown of all buildings shall be a cornice and conform to the restrictions outlined in each Facade Strategy.

Green roofs. Green roofs are permitted and encouraged.

Rooftop amenities. Private outdoor space on rooftops is permitted and encouraged.

Shaft.

Crown.

Shaft.

Crown.

Shaft.

Crown.

Intent. The Arts District Place Character encourages the development of arts spaces by allowing for additional building height and square footage when a project provides space for Arts- and Culture-Related Uses.

Only proposals on lots of at least 5,000 square feet are eligible for the Arts Bonus.

For the purpose of this section, the following shall be considered Arts- and Culture-Related Uses:

Square footage and height bonus.

Accessory uses. No more than 25% of the Arts and Culture-Related Use space used to obtain bonus space may be dedicated to accessory uses, which for the purposes of this section shall include but are not limited to educational and classroom space, non-primary rehearsal space, administrative offices, lobbies, circulation space, ticket offices, restrooms, dressing rooms, other backstage areas and equipment space.

Developer's agreement. Any applicant seeking to benefit from an Arts Bonus must execute a Developer Agreement with Borough Council prior to submitting a site plan to the Planning Board. The Developer Agreement shall specify the terms and conditions of the commitment made by the applicant to affirmatively market the project to arts and arts-related uses.

Certification. Bonuses shall be permitted only upon certification by the Administrative Officer that the conditions set forth in this code have been met.

Documentation. The applicant must provide the following:

Design.

Permitted and Prohibited Principal Uses can be found in Subsection 21-10.15 - Figure 26. If a use is not listed, it shall be presumed to be prohibited.

The following uses are explicitly prohibited in the Downtown Residential District: new and used car lots, automotive rentals, repairs, and sales, junk yards, gas stations, outdoor amusements, trailer camps; warehouses and storage buildings, rooming and boarding houses, public garages, adult entertainment, adult bookstores, go-go dancing establishments, tattoo parlors, body piercing, tanning salons, pool halls, bail bondsmen, pawn shops, and drive-in or drive-through establishments or facilities.

Permitted and Prohibited Accessory Uses can be found in Subsection 21-10.15 - Figure 27.

The standards in this section legalize the existing fabric to allow for renovations and adaptive reuse of structures; discourage extensive demolition and redevelopment of existing structures and protect the historic fabric; and promote the goals and objectives of the Downtown Urban Design Plan.

Maximum building height shall be 2.5 stories or 35 feet, whichever is the lesser.

A minimum of five feet and a maximum of 10 feet front yard setback is allowed.

No parking is allowed in the front yard.

No side yards are required except when a nonresidential use abuts a residential use.

When a nonresidential use abuts a residential zone, the nonresidential use must provide a minimum ten-foot side yard setback and include plantings or other screening devices that will effectively protect the privacy of the residents.

All buildings shall be built with a minimum ten-foot rear yard setback except when a nonresidential use abuts a residential use.

When a nonresidential use abuts a residential use, that yard must have twenty-foot rear yard setback and include plantings or other screening devices that will effectively protect the privacy of the residents.

In addition to the regulations outlined in this section, all parking must conform to paragraph j, Parking.

Parking decks are not permitted as an accessory or principal use in the Downtown Residential District.

Parking is not allowed in the front yard. If located in the side yard, parking garages and carports must be set back from the principal building 20 feet.

The following building types are allowed in this district. All buildings must conform to paragraph h.

The area of a sign shall be computed as the total square footage of the background upon which the lettering, illustration or display is presented, including any base support or frame.

If there is no background, the sign area shall be the rectangle which is the product of the largest horizontal and vertical dimensions of the lettering, illustration or display (See Subsection 21-10.15 - Figure 29)

Wall signs, also known as flat or band signs, are mounted directly to the building face and run parallel to the facade. They may also be placed with a vertical orientation.

A wall sign's lettering, logos, and symbols must be mounted to a backing; letters may not be directly mounted to the facade; however, letters, symbols, or graphics may be installed without a signboard, provided they are mounted on a proper backing.

Signs should be proportional to the building facade as a whole. The ratio of the horizontal dimension to the vertical dimension, on a horizontal sign, shall not exceed 10:4; and the ratio of the vertical dimension to the horizontal dimension, on a vertical sign, shall not exceed 10:4. The overall area of the sign may not exceed 40 square feet.

Electronic message and manually changeable copy boards are not allowed.

Wall signs shall not cover windows, other building openings, or existing architectural building features.

A sign that is painted onto the building facade displaying the business name or activity is not permitted. Such a sign requires a variance from the Zoning Board of Adjustment.

Signs should, to the best ability of the applicant, be in line with signs on adjacent buildings.

Additional regulations pertaining to signage in that portion of the B/R District that is also in Redevelopment Area 1 can be found in the Redevelopment Plan for Area 1.

A Projecting Sign is attached to and projects from a building facade or hangs from a support structure attached to the building facade.

Projecting signs must be mounted perpendicular to the building face.

Lettering and/or symbols shall only appear on two opposing sides of a Projecting Sign.

Projecting signs may be horizontally or vertically oriented.

An awning sign is any sign that is mounted, painted, or otherwise applied on or attached to an awning.

Signs mounted on awnings must comply with awning standards in paragraph d,8.

A window sign is posted, painted, placed, or affixed in or on a window exposed for public view or is a sign hung inside the building facing the window for public view.

A-Frame signs.

Temporary window signs. Establishments may display temporary signs, as follows:

Marquee sign.

Roof sign.

It is the purpose of these parking standards to ensure that each development in the B/R District has adequate access to sufficient parking to serve the demand generated by the use(s) on each site while at the same time contributing to optimal use of the collective parking supply within the B/R District as a whole and supporting goals for the district to achieve an economically vibrant, walkable, mixed-use, sustainable environment that accommodates many means of travel. Additionally, these parking standards are intended to promote an efficient supply of parking in the B/R District that fosters both public- private partnerships for parking as well as shared parking among developments.

The standards for the B/R District reduce the requirements from the baseline suburban oriented standards in recognition that:

Applicants interested in reducing the required number of off-street parking spaces and/or are interested in providing them off-site should consult the following sections:

This section recognizes the special circumstances surrounding parking with respect to the adaptive reuse of existing structures and to promote the efficient addition of supplemental parking to serve changes in use while at the same time enabling more intensive land use in the B/R District.

Any structure or land use lawfully in existence prior to the adoption of this section shall not be subject to its parking requirements as long as the kind or extent of use is not changed, and provided further that any parking facilities now serving such structures shall not in the future be reduced.

Any existing use changed to a different and/or more intense use shall use the following formula to calculate their parking requirement: In addition to the number of spaces currently provided, the proposed use shall only be required to add the difference between the number of required parking spaces for the existing use and the required parking spaces for the proposed use, in accordance with the ratios established in Subsection 21-10.15 - Figure 37. The property owner shall be grandfathered with respect to existing parking deficits. See Subsection 21-10.15 - Figure 39 for an illustrative example and formula.

A minimum of one bicycle parking space shall be provided for each 10 off-street automobile parking spaces within the B/R District. All bicycle parking spaces shall be provided in the form of bicycle racks with locking capability. Bicycle parking facilities shall be designed and installed to include:

Bicycle, pedestrian, and transit connections and access. It is the intent of these regulations to promote and support access by bicycle and walking throughout the community. To this end, all parking lots must be designed to provide safe and convenient pedestrian and bicycle access as a part of any parking lot design. Motor vehicle parking areas shall be located, designed and constructed to facilitate safe and convenient pedestrian and bicycle movement to and from public walkways and/or bikeways, streets, or transit stops.

Applicants are encouraged to enter into shared parking agreements with the Borough for shared public-private use of their parking spaces. Required off-street parking spaces, or facilities, which, after development, are dedicated to the Borough for use as public parking, shall be deemed to continue to satisfy the parking requirements for the private uses for which they were originally provided. Where a developer dedicates a portion of spaces on his/her site for public parking, he/she shall be eligible for the waivers detailed in paragraph j.17.

In recognition of the benefits that district wide shared parking can have on reducing the number of required parking spaces, any applicant with more than 10 required spaces who permanently dedicates 30% or more of their parking lot to public use shall receive a 10% reduction in parking requirements. Applicants with less than 10 spaces but more than five spaces who dedicate their lot to the Borough may request a waiver of all of their required parking.

All applicants dedicating any portion of their lot to the Borough must agree to allow for signage [to be provided by the Borough] that prominently indicates the spaces are open to the public.

Applicability.

Calculating shared parking:

Enforcement. The shared parking plan will be enforced through a legally binding agreement among all owners of record. The owner of the shared parking area shall enter into a written developer's agreement with the Borough. The agreement must state that the parking area shall never be disposed of except in conjunction with the sale of the building(s) which the parking area serves so long as the facilities are required; and that the owner agrees to bear the expense of recording the agreement and such agreement shall run with the land (bind his heirs, successors, and assigns). An attested copy of the agreement between the owners of record shall be submitted to the Borough Attorney for review and recordation. Recordation of the agreement must take place before issuance of a building permit or certificate of occupancy for any use to be served by the shared parking area. A shared parking agreement may be revoked only if all required off-street parking spaces will be provided on-site for each use in accordance with the off-street parking schedules in this section. The written agreement may be voided by the Borough if other off-street public facilities are provided in accord with these zoning regulations.

Change in use. Where the uses subject to a shared parking agreement change, the Planning Board may require a revised shared parking study, at the property owner's expense. If that study indicates that additional parking may be necessary, the Planning Board shall have the authority to require a new shared parking agreement.

Reduction in spaces. The Planning Board may approve a request for a reduction in the number of required shared-use spaces if all of the conditions listed below are satisfied:

Shared parking location.

Within the B/R District off-street parking requirements may be satisfied by payment of an in-lieu parking fee at a rate as established by Borough Council.

Current fee-in-lieu of parking amounts shall be detailed in a Parking Fees Schedule maintained by the Borough Clerk's Office.

Payment shall be based on estimated current land and construction costs.

Payment shall be made before issuance of a Certificate of Occupancy.

Fee revenue shall be deposited in the Borough Parking Fund designated solely for the purpose of constructing, expanding, repairing, and enhancing municipal parking facilities or local (non-regional rail) transit.

A Fee-in-Lieu of Parking shall not be understood to provide the property owner with a dedicated parking space. Instead, an applicant offering a fee-in-lieu of parking shall coordinate with the Borough Parking Utility and the Borough Planner to obtain assurances that there is sufficient municipal parking available to support the proposed use(s). The agreed upon plan for parking shall be included with the application to the Planning Board.

Any off-street parking supplied in this manner shall run with the land (not be invalidated by change in ownership), and any subsequent change in use that requires more parking shall require subsequent action by the developer/applicant to satisfy any additional parking requirements. No refund of any fee-in-lieu of parking shall be made when there is a change in use requiring less parking.

The off-site parking is located within 900 feet of the associated use(s).

Such off-site parking area shall be in the same ownership as the property it is intended to serve or under long-term lease agreement (15 years or more); unless occurring under a shared parking agreement as described in paragraph j.9.

There are adequate pedestrian pathways (either path or sidewalk) safely connecting the off-site parking to the associated use.

Any off-street parking supplied in this manner shall run with the land (not be invalidated by change in ownership), and any subsequent change in use that requires more parking shall require subsequent action by the developer/applicant to satisfy any additional parking requirements.

Adequate signage, as determined by the Planning Board, is clearly visible from the street indicating the uses that the parking lot services.

Safe separation of all walkways from motor vehicle traffic.

Provision of safe, well-articulated pedestrian crossings.

Inclusion of plantings, benches, and lighting along walkways.

Design, construction and maintenance shall accommodate disabled individuals per Americans with Disabilities Act (ADA) requirements.

Lot design shall conform to subsections 21-9.13 and 21-9.15 with the following additional provisions.

Any surface parking which is not separated from a public right-of-way by a building must incorporate a green edge between the right-of-way and the parking. That green edge must include:

Parking lots may not be in located in front yards. Other yard regulations vary by Place Character District.

In all districts, off-street parking provided and maintained as paved/impervious surface shall be counted as part of the allowable lot coverage. Parking areas composed of pervious surfaces are encouraged and may be provided to meet all or part of any required parking spaces on a lot. Eighty percent of such pervious surfaces shall not be counted as part of the overall allowable lot coverage specified in Subsection 21-10.26 of these regulations.

Measures that shall be considered to reduce the amount of impervious surfaces in all proposed parking lots include:

Stormwater management. All projects in the B/R district are encouraged to use NJDEP's Best Management Practices to minimize, treat, and/or reduce degradation of water quality and flooding potential due to stormwater runoff from parking facilities.

Exceptions. The Planning Board may grant exceptions to these standards whenever an applicant provides compelling evidence of special circumstances or presents a better solution, consistent with the adopted Downtown Urban Design Plan, without requiring the applicant to satisfy the criteria enumerated in N.J.S.A. 40:55D-70c or N.J.S.A. 40:55D-70d.

Parking in excess of the maximum. Parking lots may contain more spaces than the required maximum where an applicant provides compelling evidence of special circumstances, enters into an agreement with the Borough for public use of 30% or more of the spaces, and presents a better solution for parking design, consistent with the adopted Downtown Urban Design Plan, and as approved by the Planning Board.

The Planning Board shall grant a special permit to allow parking in excess of the stated maximum only upon making the following determinations:

Parking for permitted residential uses in the B/R District may, at the discretion of the Planning Board and in conjunction with a site plan and/or subdivision application, be granted relief from the off-street parking requirements, provided credible evidence is presented that the parking needs of such uses can be met by existing on-street spaces and off-street public or private parking lots. The Planning Board may require written authorization of the owners of such off-street parking lots that the specified number of parking spaces in the targeted lot is available and will be designated for daily or overnight parking for the residents of such a use.

Shared public-private parking. Where an applicant enters into an agreement with the Borough or its Parking Utility to create a shared public-private parking facility, the minimum setback requirements and maximum lot coverage requirements for the site shall be waived, if the applicant can offer a site design consistent with the intents and purposes of the Downtown Urban Design Plan; can demonstrate that no adverse effects on the environment or adjacent residential areas would occur; and subject to review by the Borough Planner and approval of the Planning Board.