Caldwell City Zoning Code
§ 250-29
Inclusionary Housing Zone 5 IH5 District.
[Added 12-17-2019 by Ord. No. 1380-19; amended 4-21-2020 by Ord. No. 1384-20]
A.
Establishment. There is hereby permitted and created an Inclusionary Housing Zone 5 (IH5) District as shown on the Official Zoning Map of the Borough of Caldwell, County of Essex, State of New Jersey. The Official Zoning Map of the Borough of Caldwell is hereby amended to include the IH5 District and is incorporated herein by reference. The IH5 District shall apply to the property located at 30 Smull Avenue and designated on the Borough of Caldwell tax maps as Block 22, Lot 7, and any prior zoning for this lot is hereby changed accordingly. The zoning in this section shall not be construed or interpreted to affect the permitted uses, permitted accessory uses, bulk requirements and/or any other requirements of any other zone in the Borough.
B.
Purpose. The purpose of this zone is to permit an inclusionary development on property located at 30 Smull Avenue and designated on the Borough of Caldwell tax maps as Block 22, Lot 7, which contains approximately 0.6 acre. The inclusionary development will, at the property owner's/developer's sole discretion, consist of either five market-rate units and one affordable family unit on site, or six market-ate units on site, and the owner shall develop and provide one affordable housing unit off site in conjunction with development of this property.
C. BUILDING, STACKED TOWNHOUSE UNIT, MULTIFAMILY
Definitions. As used in this section, the following terms shall have the meanings indicated:
A building consisting of more than two attached single-family residences, each with separate outside access and separated by either vertical, horizontal or both vertical and horizontal construction.
A building on one lot, used and designated as a residence for three or more households living independently of each other and separated by either vertical, horizontal, or both vertical and horizontal construction.
E.
Permitted accessory uses.
(6)
Fences and walls as regulated by Chapter 250, except that fences in all yards may be a maximum of six feet in height;
(8)
Private attached garages to be used by occupants of the inclusionary housing development in the zone;
(9)
Detached garage or storage units for use by the occupants of the inclusionary housing development in the zone;
(10)
Any other customarily incidental accessory use.
F.
Bulk, area, yard and height requirements.
(1)
Minimum lot area shall be 10,500 square feet.
(2)
Minimum lot width shall be 75 feet.
(3)
Maximum gross residential density shall be 25 dwelling units per acre.
(4)
Minimum front yard: 25 feet.
(5)
Minimum side yard: five feet.
(6)
Combined minimum side yards: 15 feet.
(7)
Minimum rear yard setback for principal building: 50 feet.
(8)
Minimum rear yard setback for accessory uses and buildings such as detached garage or storage unit: five feet.
(9)
Maximum building coverage: 36%.
(10)
Maximum impervious coverage: 68%.
(11)
Maximum building height for principal structure shall not exceed 39 feet.
G.
Building requirements.
(1)
Length of stacked townhouse dwelling buildings or multifamily unit buildings shall not exceed 210 feet in length, exclusive of the length of any covered porch.
H.
Inclusionary housing requirements.
(1)
Market-rate dwelling units shall total no more than six units.
(2)
Affordable dwelling units, which are defined by state statute, shall be one unit, to be developed on or off the site of this property at the sole discretion of the owner/developer.
(3)
The affordable housing unit for this development shall be a two-bedroom unit affordable to a low-income household. The affordable housing shall be subject to market-rate and affordable housing phasing requirements, low and moderate income split requirements, disability requirements, and other requirements, in accordance with Caldwell Borough ordinances and New Jersey State statutes and regulations.
I.
Parking requirements.
(1)
The provisions of the Residential Site Improvements Standards, N.J.A.C. 5:21-4.14 and Table 4.4 shall apply, although the Borough of Caldwell recognizes that due to local conditions, alternate standards may be appropriate and that de minimus exceptions shall apply and be liberally granted.