Clark City Zoning Code
ARTICLE XXIII
District Regulations
§ 195-124 R-150 One-Family Detached Residential District.
A.
Permitted uses. In any R-150 District, only the following uses shall be permitted, except as provided in Subsection B:
(1)
Dwellings, one-family detached.
(2)
(3)
Farms and accessory agricultural uses and activities, but not including farm produce stands.
B.
Conditional uses. In any R-150 District, the following conditional uses may be permitted, pursuant to the provisions of Article XXVIII (§ 195-176 through § 195-179):
(1)
Farm stands.
(2)
Home occupations and professional offices in the home as accessory uses.
(3)
Churches and related uses.
(4)
Developed nonpublic recreational uses, such as golf courses, tennis clubs and swim clubs.
(5)
Horticultural nurseries, but greenhouses or structures for the indoor cultivation of plants shall only be of permanent-type construction or permanent foundations and shall be set back a minimum of 100 feet from the street line.
(6)
Private clubs, service organizations.
(7)
Public and nonpublic schools.
(8)
Public utility installations.
§ 195-125 R-100 One-Family Detached Residential District.
§ 195-126 R-75 One-Family Detached Residential District.
§ 195-127 R-60 One-Family Detached Residential District.
§ 195-128 R-A Multiple-Family Apartment Residential District.
A.
Permitted uses. In any R-A District, only the following uses shall be permitted, except as provided in Subsection B:
(1)
Dwellings, multiple-family (garden apartment) project.
(2)
(3)
Nonpublic educational institutions.
(4)
One-family detached dwellings, provided that the area, yard and building dimensions of the adjacent most restrictive one-family detached residential district shall apply.
B.
C.
Area, yard and building dimensions. In any R-A District, the following dimensional requirements shall apply, except that all uses, other than a multiple-group-dwelling project, shall conform to the area, yard and building dimensions of the most restrictive adjacent one-family detached residential district:
(3)
Maximum dwelling unit density. No multiple-group-dwelling project shall have a density exceeding 16 dwelling units per acre.
(4)
Minimum setback requirements.
(a)
Front. No multifamily dwelling constituting a part of a multiple-group-dwelling project shall be placed any nearer to a front lot line than 45 feet; provided, however, where such front lot line abuts a street designated on the major street portion of the Comprehensive Master Plan as a major arterial street of a secondary arterial street, the setback distance shall be increased to 75 feet. The same provisions shall apply to all accessory buildings.
(b)
Rear. No such dwelling shall be placed any nearer to a rear lot line than 40 feet. Accessory buildings shall be placed no nearer than 20 feet to such line.
(c)
Side. No such dwelling shall be placed any nearer to a side lot line than 30 feet; provided, however, that where such line is a side street line, the distance shall be increased to 40 feet. In any event, no such dwelling shall be less than 50 feet from any other dwelling or place of business on any abutting property. Accessory buildings shall be located at least 20 feet from a side lot line and at least 40 feet from a side street line.
(5)
Building requirements.
(a)
Minimum spacing. Where two or more multifamily dwellings are located on the same lot or parcel, the minimum distance between such principal buildings shall be 35 feet.
(b)
Maximum height. The maximum height of any principal building shall not exceed 2 1/2 stories or 35 feet, except that an additional full story may be permitted, not to exceed three full stories, where the topography permits, pursuant to the provisions of § 195-117C. For accessory buildings, the maximum height shall be two stories or 20 feet.
(c)
Minimum floor area. The living area of a one-bedroom dwelling unit shall be not less than 800 square feet, and the living area of a two-bedroom dwelling unit shall not be less than 950 square feet.
(6)
Off-street parking.
(a)
Minimum space allocation. Each dwelling unit shall be allocated two spaces for off-street parking purposes.
(b)
Garages. Thirty percent of the required off-street parking spaces may be enclosed in attached or detached private garages. No such garages shall be located in any front yard, and no garages shall face a public street.
(c)
Screening required. All off-street parking areas shall be subject to the provisions of § 195-145 with respect to screening when such areas adjoin other residential properties. In any event, parking areas shall be attractively landscaped.
(d)
Paving. All off-street parking areas shall be surfaced in accordance with Township standards.
(e)
Location upon lot. No off-street parking area shall be located in any front yard unless the Planning Board adjudges that such area is adequately landscaped and screened. In no event shall such parking area to be closer than 10 feet to any rear lot line, 15 feet to a front lot line or side street line, or five feet to a side lot line.
D.
Other general design and site requirements.
(1)
Roads and access.
(a)
Roads. All interior private roads shall have a minimum width of 22 feet for two-way traffic or 12 feet for one-way traffic. Paving shall be in accordance with Township standards.
(b)
Access. Points of ingress and egress shall be located not less than 150 feet apart or shall be combined at one point if located on the same public street frontage. Wherever possible, access to the multiple-group-dwelling project should not be gained directly from a major arterial street or a secondary arterial street, unless such access is controlled by a traffic signal where warranted.
(3)
Utilities and services.
(a)
Water and sewerage. Water, storm and sanitary sewerage connections shall be provided and shall be installed in accordance with sound engineering practice as approved by the Township Engineer and provided that the Township Engineer shall certify that the facilities for existing trunk drains, drainage lines and sewers will not be impaired by the proposed plans.
(b)
Electric and telephone service. All such services shall be provided to a multiple-group-dwelling project by means of underground facilities.
(c)
Accessory roof structure. Antennas for the purposes of television reception shall be provided by one master tower for the project, wherever practicable.
(d)
Refuse collection. Provisions shall be made for the collection of refuse from refuse containers of substantial construction and satisfactory to any appropriate Township Health Officer, board or agency.
(e)
Laundering. Sufficient enclosed area and equipment shall be provided within each multifamily dwelling, or within each unit wherever practicable, for washing and drying purposes. No outside area shall be provided for such purposes, unless such area is enclosed by a solid screen of shrubs and fencing at least six feet high.
(4)
(5)
Supervision and maintenance. No multiple-group-dwelling project shall be permitted under this article or any other article of this Part 3 unless provision shall be made for a superintendent to live upon the premises. The superintendent shall have as his/her full-time occupation the care, supervision and maintenance of the project at which he/she is employed.
§ 195-129 R-B Multiple-Family Residential District.
A.
Purpose of district. The purpose of the R-B District is to allow for the construction of multifamily residential buildings, including townhouses and garden apartments, meeting the minimum density requirement for inclusionary housing of the New Jersey Council on Affordable Housing and providing for the required set-aside of units within such developments affordable to low- and moderate-income families, complying with the obligation of the Township to provide a regional fair share of low- and moderate-income housing.
B.
Permitted uses. The permitted uses are townhouses and garden apartments.
C.
Accessory uses and structures. The following accessory uses and structures shall be permitted in the R-B Zone District:
D.
Development standards.
(1)
Definition of uses. Garden apartments include multiple dwellings arranged in flats, up to 2 1/2 stories in height. Townhouses comprise single-family dwellings attached side by side, up to 2 1/2 stories in height. A half story is one within a gable roof, in which not over 1/2 of the floor area of the full story below has a full ceiling height.
(2)
Density. The maximum density shall be eight units per acre of site area.
(3)
Lower-income housing requirements. A minimum of 20% of the housing units shall be sold or rented and shall be maintained for a minimum period of 30 years so as to be affordable to families and persons of low and moderate income, under the lower-income housing requirements specified in Subsection E below.
(4)
Building requirements, garden apartments. Maximum building height shall be 2 1/2 stories and 35 feet, and maximum building length shall be 120 feet.
(5)
Building requirements, townhouses. Maximum building height shall be 2 1/2 stories and 35 feet, and there shall not be more than six housing units per structure.
(6)
Setbacks and spacing, garden apartments. The minimum setback from street and property lines shall be 50 feet, except that accessory garages, if provided, may be within 20 feet of side or rear lot lines. The minimum distance between buildings shall be 35 feet between fronts and backs, and 20 feet end to end. The minimum setback from parking areas and driveways shall be 10 feet.
(7)
Setbacks and spacing, townhouses. The minimum setback from streets and property lines shall be 50 feet. The minimum separation between buildings shall be 50 feet between fronts and backs, and 25 feet end to end. The minimum setbacks from driveways and parking areas shall be 20 feet from building fronts and 25 feet from building rears, and 20 feet on building ends.
(8)
Landscaped areas, buffer areas, and recreation facilities. All areas not occupied by buildings, driveways, walkways, and parking areas shall be suitably landscaped and shall be arranged such that appropriate active and passive recreation facilities will be provided. Where the site adjoins other zones on the side or rear, a suitable landscaped buffer strip of at least five feet in width shall be provided to form a visual screen.
(9)
Parking areas and access drives. A minimum of two parking spaces shall be provided for each dwelling unit. For townhouses, one of these spaces shall be provided within the unit or in a garage, except that this requirement shall not apply to lower-income units. All off-street parking areas shall be surfaced in accordance with Township standards. No off-street parking shall be located within front yards or within less than 10 feet from side and rear property lines.
E.
Lower-income housing requirements.
(1)
Purpose. The purpose of this section is to establish criteria for the development of land to comply with the provisions of the New Jersey Supreme Court decision commonly referred to as "Mt. Laurel II." The regulations and controls contained in this section shall be interpreted to assure the construction of lower-income housing which meets the standards and guidelines set forth in Mt. Laurel II.
(2)
Number and type of lower-income dwelling units required.
(a)
Garden apartment and townhouse developments shall be required to provide 20% of all dwelling units to be affordable for lower-income households. All units shall be affordable in senior citizen housing.
(b)
At least 1/2 of all lower-income units shall meet HUD Section 8 eligibility requirements for very low income and 1/2 shall meet HUD eligibility requirements for lower income (Mt. Laurel II Moderate Income). There shall be a range of affordability within the maximum income limits as required by the regulations of the New Jersey Council on Affordable Housing.
(c)
The developer shall agree not to impose age restrictions upon the occupants of any low- and moderate-income unit.
(d)
Unit size distribution shall be as follows, divided evenly between low and moderate income:
(e)
The lower-income units shall be architecturally similar to the market rate units and shall be generally distributed among the market rate units rather than isolated.
(3)
Pricing of low- and moderate-income units.
(a)
The average price of low- and moderate-income units within an inclusionary development shall be, as best as practicable, affordable to households at 57.5% of median income as contained in N.J.A.C. 5:92-12.4.
(b)
For purchased housing, as best as practicable, the following distribution of prices shall be used for every 20 low- and moderate-income units:
Proposed Pricing Stratification | |
|---|---|
Low | 1 at 40% through 42.5% |
3 at 42.6% through 47.5% | |
6 at 47.6% through 50% | |
Moderate | 1 at 50.1% through 57.5% |
1 at 57.6% through 64.5% | |
1 at 64.6% through 68.5% | |
1 at 68.6% through 72.5% | |
2 at 72.6% through 77.5% | |
4 at 77.6% through 80% |
(c)
For initial occupancy, priority shall be given to households that fall within the median income categories delineated in the preceding subsection.
(d)
In computing affordability and eligibility, not more than 30% of the family income may be used for rental housing and 28% for sales housing, as follows:
Rental units: rent, excluding utilities. Maximum rent shall be calculated as a percentage of the uncapped Section 8 income limits. | |
Sales Units: | Principal and interest |
Insurance | |
Taxes | |
Condominium or homeowners' association fees | |
Condominium or homeowners' association fees shall be consistent with N.J.A.C. 5:92-12.12(a), which is as follows: | |
|---|---|
"5:92-12.12 Initial pricing | |
(a) | Municipalities shall require that the initial price of a low- and moderate-income owner-occupied single-family housing unit be established so that after a down payment of 10%, the monthly principal, interest, taxes, insurance and condominium fees do not exceed 28% of an eligible gross monthly income. Municipalities shall, by ordinance, require that master deeds of inclusionary development regulate condominium or homeowner association fees or special assessments of low- and moderate-income purchasers at a specific percentage of those paid by market purchasers. Once established within the master deed, the percentage shall not be amended without prior approval from the Council on Affordable Housing." |
(e)
The following criteria shall be considered in determining rents and sale prices:
(4)
Subsidies. Government subsidies may be used at the discretion of the applicant to fulfill the requirements of this section. The lack of the subsidies shall in no way alter or diminish the lower-income requirements of this section.
(5)
Phasing of construction.
(a)
Within inclusionary developments, low- and moderate-income housing units shall be built in accordance with the following schedule:
Minimum Percentage of Low- and Moderate-Income Units Completed | Percentage of Market Housing Units Completed |
|---|---|
0% | 25% |
10% | 25%, plus 1 unit |
50% | 50% |
75% | 75% |
100% | 90% |
100% | 100% |
(b)
Any development for which a subdivision or site plan has been approved shall be considered a single development for purposes of this section, regardless of whether parts or sections are sold or otherwise disposed of to persons of legal entities other than the one which received approval. All such approvals and conditions of approvals shall run with the land. Any tracts or parcels sold shall include documentation, satisfactory to the Township Attorney, setting forth the requirements for low- and moderate-income housing units.
(6)
Administration of low- and moderate-income housing.
(a)
The governing body is hereby designated the Affordable Housing Board of the Township to administer or to provide for and supervise the administration of low- and moderate-income housing units hereunder and to assure that such units are made available and remain affordable to low- and moderate-income households for a period of not less than 30 years.
(b)
The Township Administrator is hereby designated to carry out such administrative responsibilities within the Township as may be determined by the Affordable Housing Board.
(c)
Appropriate outside agencies such as the Affordable Housing Management Service of the New Jersey Department of Community Affairs may be utilized for such administrative responsibilities as designated by the Affordable Housing Board of the Township.
(d)
The cost of such administration by outside agencies shall be met, to a reasonable extent, by the developers of the housing projects, including low- and moderate-income units.
(7)
Resale and rental of lower-income housing.
(a)
All lower-income dwelling units shall be required to have covenants running with the land to control the resale price of for-sale units or to employ other legal mechanisms which shall be approved by the Township Attorney and will, in his opinion, ensure that such housing will remain permanently affordable to persons of lower income for a period of at least 30 years.
(b)
Selection procedures and an appropriate administration mechanism for assuring that low-and moderate-income housing units remain affordable to low- and moderate-income households shall be directed and administered by the Affordable Housing Board or an agency designated by it.
(c)
The price of an owner-occupied housing unit and the rents of affordable housing units may increase annually based on the percentage increase in median income for each housing region as determined from the uncapped Section 8 income limits, published by HUD, or other recognized standard adopted by the Council on Affordable Housing.
(d)
Persons wishing to sell affordable units shall notify the Affordable Housing Board or an agency designated by it of the intent to sell. The seller may apply for permission to offer the unit to a non-income-eligible household at the maximum price permitted. The seller shall document efforts to sell the unit to an income-eligible household as part of this application. If the request is granted, the seller may offer low-income housing units to moderate-income households and moderate-income housing units to households earning in excess of 80% of the median. In no case shall the seller be permitted to receive more than the maximum price permitted. In no case shall a sale pursuant to this section eliminate the resale controls on the unit or permit any subsequent seller to convey the unit except in full compliance with the terms of N.J.A.C. 5:92-12.
(e)
Property owners of single-family, owner-occupied housing may apply to the Affordable Housing Board or an agency designated by it for permission to increase the maximum price for eligible capital improvements. Eligible capital improvements shall be those that render the unit suitable for a larger household. In no event shall the maximum price of an improved housing unit exceed the limits of affordability for the larger household. Property owners shall apply to the Affordable Housing Board or an agency designated by it if an increase in the maximum sales price is sought.
(f)
A judgment of the foreclosure or a deed in lieu of foreclosure by a financial institution regulated by state and/or federal law shall extinguish controls on affordable housing units, provided there is compliance with N.J.A.C. 5:92-10. Notice of foreclosure shall allow the Township, through the Affordable Housing Board, to purchase the affordable housing unit at the maximum permitted sale price.
(g)
In the event of a foreclosure sale, the owner of the affordable housing unit shall be personally obligated to pay to the Township, through the Affordable Housing Board, any surplus funds, but only to the extent that such surplus funds exceed the difference between the maximum price permitted at the time of foreclosure and the amount necessary to redeem the debt to the financial institution, including costs of foreclosure.
(8)
Affirmative marketing.
(a)
No low- and moderate-income housing units are presently under construction or are as yet planned by the respective property owners. However, at such time as these units are constructed, affirmative marketing will be conducted by the Township through a Housing Officer or an appropriate agency to be appointed by the governing body. Such marketing will include the following:
[1]
Legal advertisements and also announcements suitable for newspaper articles will be prepared for local newspapers and those covering Union, Essex, Morris, and Sussex Counties, prescribing the available low- and moderate-income housing and procedures for application and inviting such applications.
[3]
In addition, announcements of such housing will be posted in the Municipal Building, the post office, and other appropriate public locations. Local church groups will be contacted announcing the availability of such units, and an announcement will be made on community-access cable television.
[a]
Announcements will also be distributed to the County Planning Board and Housing Authority, local service organizations, the Welfare Director, and other appropriate local and areawide groups.
[b]
As provided in the rezoning ordinance, 50% of the units shall be made available on a priority basis to income-eligible households that reside in the municipality or work in the municipality and reside elsewhere, for a period not to exceed 15 business days from the time such units are listed for sale or resale or made available for rent.
[c]
Screening of occupants will be the responsibility of the Township Housing Officer or appropriate agency designated by the governing body, who will work in conjunction with the project's developers. Such developers will be required to pay the reasonable costs of advertisements and will be required to cooperate with the Township in preparing the required announcements and advertisements.
[d]
The marketing program will commence at least 90 days before the issuance of either temporary or permanent certificates of occupancy and shall continue until all low- and moderate-income housing units are under contract of sale and/or lease.
(b)
No more than 50% of the units shall be made available on a priority basis to income-eligible households that reside in the municipality or work in the municipality and reside elsewhere, for a period not to exceed 15 business days from the time such units are listed for sale or resale or made available for rent, subject to the regulations of the New Jersey Council on Affordable Housing.
§ 195-130 R-SH Age-Restricted/Senior Housing Overlay District.
A.
Purpose of district. The purpose of the Age-Restricted/Senior Housing District is to permit construction of an age-restricted multifamily residential development with a 20% affordable housing set-aside in accordance with the Township's adopted Housing Element and Fair Share Plan and the terms and conditions of the Township's Judgment of Compliance and Repose.
B.
Permitted uses. Age-restricted multifamily residential development containing a 20% set-aside for low- and moderate-income households ages 55 years and older. The development may be constructed as multifamily dwellings, multiple-group dwellings, or garden apartments, townhouses or a townhouse/flat combination.
C.
Accessory uses and structures. The following accessory uses and structures shall be permitted in the R-SH Zone District:
D.
Development standards:
(1)
Minimum tract area: 10 acres.
(2)
Minimum frontage: a minimum of 250 feet on a paved public street.
(3)
Density. The maximum density shall be 32 units per acre for multifamily dwellings, multiple-group dwellings, or garden apartments, and 15 units per acre of gross site area for townhouses and townhouse/apartment/flat combinations.
(4)
Low- and moderate-income housing requirements. A minimum of 20% of the total age-restricted dwelling units shall be affordable to low- and moderate-income households as regulated by the Township's Court-approved Affordable Housing Ordinance (Chapter 66 of the Township Code).
(5)
Building height. Maximum building height shall be 45 feet and four stories.
(6)
Design standards. All development shall incorporate the following design standards. Waivers from these standards may be granted by the Board pursuant to N.J.S.A. 40:55D-51b.
(a)
Building design. The objectives of the building design standards are to provide overall high-quality building with special emphasis on methods that reduce the visual impact of large buildings. The exterior appearances of buildings shall complement the character of existing development in the surrounding area.
(b)
Specific design features that reduce the visual impact of large buildings shall be used. These include but are not limited to:
[1]
Elements that draw focus, introduce scale and provide three-dimensional effects.
[2]
Variations and articulation to overall building facades by changing the facade plane.
[3]
Use of subdued wall coloration, patterning, texture and reveals.
[4]
Extensive use of landscaping to shield and break up building planes.
(c)
Building mass. Solid and unarticulated buildings are not permitted. The mass, scale and visual impact of buildings shall be reduced by staggered building walls. The staggered building walls shall incorporate a setback or bump-out that, in the opinion of the Board, provides an equivalent reduction in the mass, scale and visual impact of the buildings.
(d)
Architectural interest. To provide architectural interest, create a three-dimensional effect and further reduce the visual scale and impact of a building, the following techniques shall also be used:
[1]
Variations in building treatment shall be liberally used and shall include painted panels, awnings or canopies, wall openings, wall texture changes, changes in building height and variations in rooflines.
[2]
Building entries and building corners shall be readily identifiable through the use of canopies, marquees, architectural treatment and the use of different materials.
[3]
Extensive use of small-scale elements, such as planter walls and hedges, shall be provided particularly around building entrances.
[4]
Landscaping shall be employed to further reduce the visual impact of building mass.
(e)
Materials.
[1]
The front and two side elevations of all buildings and structures shall be constructed of brick, architectural block, architectural precast concrete or tilt-up construction using similar materials of equally high quality and aesthetics. Utility standard concrete panels or masonry units may be used on rear elevations if the rear elevations are not visible from any public right-of-way after berming, fencing or landscaping treatment.
[2]
Rooflines and parapets shall be designed to minimize the visual impact of rooftop-mounted equipment, such as vents and stacks, from public rights-of-way.
(f)
Pedestrian circulation.
[1]
On-site concrete or brick sidewalks, or such other material acceptable to the Board, shall be provided to create a continuous pedestrian network and to connect with existing sidewalks and neighborhoods.
[2]
Vehicular and pedestrian circulation patterns shall be separated. A landscaped buffer shall provide a separation between pedestrian and vehicular ways.
[3]
Pedestrian crossings shall be indicated by such techniques as changed pavement materials or texture, signals, signage, or painted stripes, as determined by the Board.
[4]
Secure and convenient pedestrian walkway access shall be provided between parking lots, sidewalks and primary entrances to buildings. Sidewalks shall be barrier-free, a minimum of five feet in width and shall be set back a minimum of five feet from all buildings.
(8)
Building coverage. Buildings and accessory structures shall cover not more than 40% of the lot or parcel area. Accessory structures devoted to parking shall count towards total lot coverage.
(9)
Total lot coverage. Not more than 70% of the lot or parcel area shall be covered by a combination of buildings, accessory structures, parking areas, driveways, and other impervious surfaces.
(10)
Minimum open space. Not less than 30% of the parcel area shall be open space as defined in § 195-111.
(11)
Parking. Off-street parking shall be provided in accordance with the residential site improvement standards, but in no event shall the parking ratio for one- and two-bedroom units be greater than 1.5 spaces per unit. No off-street parking shall be located less than 25 feet from any property line. A carport and adjacent driveway space shall be counted as two spaces; designated stacked parking spaces shall also be counted as two spaces. Parking spaces may be located at grade in the building footprint (garage), without limitation.
(12)
Landscaped areas, buffer areas, and recreation facilities. All areas not occupied by buildings, driveways, walkways, and parking areas shall be suitably landscaped and be arranged such that appropriate active and passive recreation opportunities will be provided on site for the residents of the development (e.g., walking paths, benches, gazebos, or ponds or water features); a suitable landscaped buffer strip of at least 25 feet in width shall be provided to the property boundaries to form a visual screen.
(13)
Parking lot setback and landscaping. Parking areas shall be attractively landscaped in accordance with the following standards:
(a)
Parking lots shall be set back a minimum of 25 feet from the right-of-way of a public street. The setback area shall be landscaped with shade trees and shrubs adaptable to the location and able to provide low-level screening of the view of the parking lot; at least one shade tree for each 40 feet of frontage shall be provided.
(b)
In addition to landscaping required along public streets, the interior of the parking lot shall be landscaped with at least one tree for every 20 parking spaces, which shall be planted in suitably prepared and protected landscaping islands.
(c)
No more than 20% of the required parking shall be provided between the building line and the public right-of-way.
(14)
Townhouse and townhouse/apartment combination building spacing. The minimum spacing between buildings shall be 50 feet between front and front/back, 35 feet front/back to side and 25 feet end to end. The minimum setbacks from driveways and parking areas shall be 15 feet from primary buildings, unless a garage is attached.
§ 195-131 DTV Downtown Village District.
A.
Purpose of the district.
(1)
The downtown of any community should be a mixed-use center with many diverse retail shops and restaurants where the community can gather on nights and weekends. The Downtown Village District has been created in that area along Westfield Avenue between Washington Street and Broadway, from Denman Avenue and Benjamin Street to the Rahway border. The purpose of the DTV Downtown Village District is to permit construction of a multifamily residential development with a 15% affordable housing set-aside in accordance with the Township's adopted Housing Element and Fair Share plan and the terms and conditions of the Township's Court-approved Affordable Housing Ordinance (Chapter 66 of the Township Code). The DTV Zone District is intended to encourage retail sales and personal services oriented to pedestrian shopping on the ground floor. Second floors may be commercial or residential, and shall have only one use, commercial or residential in any one building. Only residential uses are allowed on the third and fourth floors of any building.
(2)
Authentic period (Colonial, Federal or Victorian) reproductions are encouraged to complement the established character of more recently constructed buildings. In any case, as a minimum, in order to assure compatibility of new building construction or alterations of existing buildings, the building design standards in this section shall be adhered to, except that the Planning Board may grant waivers of specific requirements on a showing by the developer of unavoidable hardship.
(3)
Exterior walls shall be finished with face brick, integrally colored masonry units (not panels), or wood clapboards, cedar shingles or vertical boards. All exterior walls of buildings shall be finished with the same materials or combinations of materials. Exceptions require Board of Adjustment or Planning Board approval.
(4)
Visible sections of roof areas shall be cedar shingle or textured asphalt shingle, in dark colors. Mansard roofs, when provided, shall be full canopies of textured asphalt shingle, or fiberglass in dark colors.
(5)
All design features applied to building exteriors shall be functional, rather than superimposed for decorative purposes only, unless part of authentic period architecture. Shutters, when provided, shall be designed to fit the windows to which they are attached.
(6)
No rooftop mechanical structures shall be permitted in the DTV Zone without Planning Board or Board of Adjustment approval. All mechanicals shall be adequately screened so as to conceal them.
B.
Principal uses and structures. The following principal uses and structures shall be permitted in the DTV Zone District:
(1)
Business establishments devoted primarily to the retail sales of goods and personal services on the premises. Retail establishments that serve local needs may include the sale of baked goods, office supplies, flowers and the dispensing of pharmaceutical products.
(2)
Taverns and restaurants and food establishments intended for food consumption on the premises. Outdoor dining is permitted as an accessory use.
(3)
Takeout of food is permitted as an accessory use, provided that the food is consumed off-premises.
(4)
Personal and consumer service establishments, such as hair salons.
(5)
Businesses that provide permanent cosmetics as such term is defined in N.J.A.C. 8:27-1.3.
(6)
Banks and other financial institutions engaged in the business of accepting deposits from the public and/or extending credit to the public in the form of loans. Such business must be conducted on the premises and must be the principal activity of the use on the premises; drive-through service is permitted as an accessory use only.
(7)
Business, administrative and professional offices or other business establishments providing the following services:
(8)
Museums, art galleries and indoor motion-picture theaters and theaters for conducting live entertainment or cultural performances; music and dance studios.
(9)
Child-care centers.
(10)
Public parks and playgrounds.
(11)
Residential dwelling units limited to the second, third and fourth floors, which shall include a 15% set-aside for very-low-, low- and moderate-income housing, if the affordable units will be for rent, and a 20% set-aside for low- and moderate-income housing, if the affordable units will be for sale.
(12)
Commercial parking lots.
C.
D.
E.
Prohibited uses and structures. Any use or structure other than those uses or structures permitted in Subsections B, C and D above are prohibited. In addition, and notwithstanding the above permitted uses, the following uses shall be specifically prohibited:
(1)
Any business conducted outside the confines of a building, except those temporary activities permitted by special permission from the Township Mayor and Council or allowed elsewhere in this chapter;
(2)
Gasoline filling stations, gasoline service stations, public garages, automobile body repair or painting shops;
(3)
Lumberyards or building material yards;
(4)
Sale, rental or repair of automobiles, motorcycles, boats, trailers, lawn mowers, small gasoline or other liquid-fuel engines;
(5)
Dry-cleaning establishments where the dry cleaning is done on the premises;
(6)
Warehouses or businesses which do not sell directly to the general public;
(7)
Public or private schools;
(8)
Funeral services, undertakers, crematories and morticians;
(9)
Residential use of any kind, other than those uses as permitted in Subsection B(11) above. Existing nonconforming residential buildings or structures shall not be extended or enlarged for use relating to a business, unless the first floor is used entirely for business use and off-street parking;
(10)
All aboveground and underground bulk storage of liquefied petroleum gases, gasoline, diesel fuel, kerosene, No. 2 fuel, fuel oil, chemicals or similar hazardous, flammable or combustible liquids in any amount, except as permitted otherwise by permit. Aboveground or basement storage of up to 530 gallons of kerosene or No. 2 heating fuel in approved storage tanks and used exclusively for heating purposes on the premises is exempted from the above prohibition;
(11)
Any building, structure or use which would create an undue hazard of fire, explosion or nuisance by reason of odor, noise, dust or smoke, or which in any way would be detrimental to the health, public morals and public safety of the community; and
(12)
Private commercial parking lots as a principal use.
F.
Area, yard and building dimensions. In any DTV District, the following dimensional requirements shall be applied, unless otherwise excepted:
(2)
Minimum yards.
(a)
Front yard. There shall be a minimum front yard of 15 feet, except that when abutting a residential district, the front yard requirement of such residential district shall apply to the abutting yard. No parking service shall be located closer than five feet to any street line.
(b)
There shall be no minimum single side yard requirement except that:
[1]
When abutting a residential district, the side yard requirement of such residential district shall apply to the abutting property; and
[2]
When developing adjacent to existing structures which are to remain on an adjacent property, a combined minimum distance of 10 feet shall be maintained between structures.
(c)
Rear yard: 20 feet for principal structures; five feet for accessory structures.
(3)
Maximum building dimensions:
(a)
Height shall be a maximum of 35 feet and three stories, except that a height of 45 feet and four stories will be permitted, provided the building setback from the property line is a distance equal to or exceeding the proposed height of the structure.
(b)
Building coverage: 80%.
(c)
Impervious cover: 90%.
(d)
Floor area ratio: 3.0.
(e)
Density: 32 units per acre.
(4)
Open space. There shall be a minimum of 10% open space. When open space is adjacent to a designated parking space, the owner shall be prohibited from conducting snow removal or stockpiling activities where those activities infringe upon the designated parking area. Snow removal plans shall be provided as a part of any application for development. Snow shall promptly be removed from any open space area.
G.
Streetscape standards. Private development within the DTV District shall include street improvements to enhance the downtown streetscape. Required streetscape improvements will include a specific architectural and site design theme similar to the streetscape improvements undertaken by the Township of Clark within this area during the period 2000 through 2001. Site improvements will include benches, trash receptacles, area lighting, street trees, brick pavers and planters. These improvements shall be consistent with plans and specifications on file with the Township Engineer. Architectural details and standards not included therein will be developed and adopted by the Township Engineer to encourage a unity among the diverse uses and structures that make up this village neighborhood. Building architectural features will involve facade and large window treatments, cornice lines that are visually connective with neighboring buildings, finishes and rooflines.
H.
Integrated shopping units.
(1)
Nothing in this section shall be construed to prevent the construction or erection of a series or row of attached stores, shops or offices on a single piece of property, or a composite of lots under one ownership, where such a grouping forms an integrated limited shopping unit. Such unit shall be constructed or erected in accordance with a site plan and shall meet any applicable dimensional requirements set forth in this section for the DTV District. Each such integrated shopping unit shall consist of a group of individual shops or offices and shall have a uniform architectural design and appearance. Such design shall be consistent with the goals and objectives of the zone.
(2)
Signs shall be in accordance with the provisions of Article XXV. In addition, such shopping unit is permitted one sign stating the name or designation of such shopping unit or listing the names or designations of stores, shops or offices therein. Such sign shall be no greater in area than 48 square feet and shall be no higher than the height of the principal building. Any illumination of such sign shall be nonflashing, uncolored and confined to the face of such sign.
I.
Screening of commercial uses. Any lot used for commercial purposes which abuts any permitted dwellings, public buildings or institutional premises in the DTV District or other district along any lot line, except a front lot line or side street line, shall be screened along such lot line. Such screen shall be a solid wall or a solid fence not less than four feet in height, together with a three-foot planting strip along the outside face of such wall or fence, planted in shrubs or evergreens. In lieu of such wall, fence and planting strip, a compact evergreen hedge of not less than three feet in height at the time of planting may be used. Such wall, fence, planting or hedge shall be maintained in good condition, and no advertising shall be placed thereon. Such screening shall be indicated on the site plan.
J.
Dumpsters are required in this zone where the property contains multiple uses or units.
§ 195-132 CO Commercial Office District.
A.
Purpose of district. The Commercial Office District is designed to define those existing areas of the Township which exhibit both residential and commercial characteristics. In this respect, these areas contain a mixture of dwellings, business and combined uses such as home occupations and professional offices in the home. The district designation has been used to prevent intensive commercial development which would produce excessive traffic conflicts in such districts.
B.
Permitted uses. In any CO District, no other than the following uses shall be permitted, except as provided in this section:
(1)
Customary accessory uses and buildings.
(2)
Business and professional offices; banks; business schools.
(3)
One-family dwellings on lots adjoining an R District, subject to the dimensional requirements of such R District.
(4)
Places of worship and related uses.
(5)
Home occupations and professional offices in a dwelling, but subject to maintaining the residential appearance of the property and not paving such a large proportion of the lot as to impair such residential appearance or create incompatibility with adjoining residential properties, as determined by the Township Planning Board.
(6)
Funeral homes; mortuaries.
(7)
Off-street parking in connection with commercial uses.
D.
Area, yard and building dimensions. In any CO District, the following dimensional requirements shall apply, unless otherwise excepted:
(2)
Minimum yards:
(a)
Front: 20 feet, plus one foot for each two feet of height over 30 feet.
(b)
Side: five feet, except that when abutting an R District, the side yard requirement of such R District shall apply to the abutting yard.
(c)
Both sides: 25% of lot width at the front building line.
(d)
Rear: same as side yard requirements.
(3)
Maximum building dimensions:
(4)
Open space. There shall be a minimum of 15% open space.
§ 195-133 CN Neighborhood Service Commercial District.
A.
Permitted uses. In any CN District, no other than the following uses shall be permitted, except as provided in Subsection B:
(1)
All uses permitted in the CO District, except business schools.
(2)
Private clubs and service organizations.
(3)
Retail establishments serving local needs, including, but not limited to, the sale of groceries, baked goods, office supplies, flowers and the dispensing of pharmaceutical products.
(4)
Personal and consumer service establishments, such as beauty shops and barbershops.
(5)
Businesses that provide permanent cosmetics as such term is defined in N.J.A.C. 8:27-1.3.
(6)
Indoor theaters.
(8)
Restaurants designed and used primarily to serve customers consuming food inside the restaurant building. This shall not be deemed to include takeout counters for more than incidental or occasional use. Consumption of food in automobiles on the premises is prohibited. Drive-up windows for service in automobiles are also prohibited.
(9)
Art, music and dance studios.
(10)
Hospitals and related uses, but not including animal hospitals.
(11)
Animal clinics, provided there are no outdoor facilities.
(12)
Taverns.
(13)
Self-storage facilities.
C.
Area, yard and building dimensions. In any CN District, the following dimensional requirements shall be applied, unless otherwise excepted:
(2)
(4)
Open space. There shall be a minimum of 10% open space.
D.
Integrated shopping units. Nothing in this section shall be construed to prevent the construction or erection of a series or row of attached stores, shops or offices on a single piece of property, or a composite of lots under one ownership, where such a grouping forms an integrated limited shopping unit. Such unit shall be constructed or erected in accordance with a plot plan and shall meet any applicable dimensional requirements set forth in this section for the CN District. Each such integrated shopping unit shall consist of a group of four or more individual shops or offices and shall have a uniform architectural design and appearance, which shall not be so markedly incongruous with the character of the neighborhood as to be seriously detrimental to the value of adjacent or nearby properties. For this purpose, such design shall be approved in the course of the plot plan review by the Planning Board, in accordance with the above standard. Signs shall be in accordance with the provisions of Article XXV (§ 195-149 through § 195-161). In addition, such shopping unit is permitted one sign stating the name or designation of such shopping unit or listing the names or designations of stores, shops or offices therein. Such sign shall be no greater in area than 48 square feet and shall be no higher than the height of the principal building. Any illumination of such sign shall be non-flashing, uncolored and confined to the face of such sign.
E.
Screening of commercial uses. Any lot used for commercial purposes which abuts any permitted dwellings, public buildings or institutional premises in the CN District or other district along any lot line, except a front lot line or side street line, shall be screened along such lot line. Such screen shall be a solid wall or a solid fence not less than four feet in height, together with a three-foot planting strip along the outside face of such wall or fence, planted in shrubs or evergreens. In lieu of such wall, fence and planting strip, a compact evergreen hedge of not less than three feet in height at the time of planting may be used. Such wall, fence, planting or hedge shall be maintained in good condition, and no advertising shall be placed thereon. Such screening shall be indicated on the plot plan. The Planning Board may waive the screening requirements for that portion of a side lot line between adjoining front yards where, in its opinion, such screening would impair vision at entrance and exit points on the properties affected.
§ 195-134 COH Commercial Office, Multistory District.
A.
The purpose of the COH Commercial Office, Multistory District is to encourage business, administrative and professional offices, banks, business schools, funeral homes, hotels and theaters. Well-planned, large-scale commercial developments that are designed in a comprehensive manner that will contribute to the economic welfare of the Township are also encouraged. Such large-scale development shall provide an attractive and harmonious development within Clark and integrate the needs of pedestrians, employees and vehicles in site design.
B.
Nothing in this section shall be construed to prohibit the construction of two or more principal uses on one piece of property, or composite of lots under single ownership, where such development would form an integrated unit with shared access and parking.
E.
Area, yard and building dimensions. In any COH District, the following dimensional requirements shall apply unless otherwise excepted:
(2)
Minimum yards:
(a)
Front: 25 feet, plus one foot for each foot of building height over 35 feet.
(b)
Side: one foot for each two feet of building height or 15 feet, whichever is greater.
[1]
Accessory building or use: five feet.
(c)
Both sides: 25% of the lot width at the front building line.
(d)
Rear: same as side yard requirement.
(4)
Open space. There shall be a minimum of 15% open space.
F.
Parking.
(1)
Notwithstanding the parking requirements set forth in § 195-142, if there is more than one principal use on a lot or lots under single ownership, a shared parking arrangement shall be permitted if the uses are complementary. A shared parking arrangement shall mean that parking spaces can serve both uses on the property, provided they have opposite, or complementary, peak parking demands as determined by nationally recognized standards and/or actual parking data and experience for the proposed uses.
(2)
In the event that an applicant requests approval for parking to be shared between two uses, the ordinance requirements for parking may be reduced where it can be demonstrated to the satisfaction of the Board that the reductions are supported by analyses consistent with nationally recognized standards and/or actual parking data and experience for the proposed uses showing that the peak parking demands of the two or more uses do not coincide and the accumulated parking demand at any one time of the two or more uses does not exceed the total capacity of the facility. The applicant shall also be required to provide a legal instrument assuring the continued existence and availability of the shared parking spaces in connection with the uses they serve.
(a)
Parking shall be permitted within the setbacks.
§ 195-135 CG General Commercial District.
A.
Permitted uses. In any CG District, no other than the following uses shall be permitted, except as provided in Subsection B:
§ 195-136.1 CI Commercial Industrial District.
A.
Purpose of district. The purpose of the Commercial Industrial District is to encourage well-planned, larger-scale commercial development in a comprehensive manner, integrating the needs of pedestrians, employees and vehicles. All of the parcels on the east and west side of Terminal Avenue and on Central Avenue and on the south side of Westfield Avenue which are currently zoned IL Limited Industrial are included in the new CI Commercial Industrial District. The larger commercial properties on Central Avenue which are currently zoned CG should also be included in the new CI Zone.
B.
Permitted uses. In the CI District, only the following uses shall be permitted, except as provided in Subsection C:
(1)
Retail establishments.
(2)
Personal and consumer service uses.
(3)
Businesses that provide permanent cosmetics as such term is defined in N.J.A.C. 8:27-1.3.
(4)
Supermarkets.
(5)
Wholesale price clubs and big-box retail stores.
(6)
Restaurants and eating and drinking establishments.
(7)
Banks and financial institutions, including drive-through banks.
(8)
Art, music and dance studios.
(9)
Shopping centers and mixed-use development.
(10)
Motor inns and hotels.
(11)
Banquet and catering facilities.
(12)
General, administrative, executive and professional offices.
(13)
Hospitals and related uses.
(14)
Medical offices.
(15)
Veterinary hospitals and animal clinics.
(16)
Computer and data processing centers.
(17)
Research laboratories for scientific or industrial research or testing.
(18)
Limited manufacturing as defined herein.
(19)
Indoor commercial recreational facilities.
(20)
Public utility installations.
(21)
Self-storage facility.
(22)
The following accessory uses shall be permitted:
(a)
Outdoor seating in conjunction with a permitted restaurant or eating and drinking establishment.
(b)
Other accessory uses, structures and buildings which are customary and accessory to the principal use.
(c)
Day-care center.
(d)
Off-street parking.
(f)
Signs.
(g)
Storage areas.
(h)
Structured parking garages, either within the principal building or as a standalone structure, including below- and above-grade parking, and notwithstanding § 195-190D, shall be subject to the same area, yard and building dimensions as principal uses in the CI Overlay District, except that the height shall be restricted to 36 feet in height.
D.
Area, yard and building dimensions. In any CI District, the following dimensional requirements shall apply:
E.
Parking requirements.
(1)
(2)
Parking design.
(a)
For properties with frontage on Terminal Avenue, not more than 10% of all required parking facilities shall be located between the building line and the street line.
(b)
No parking shall be located nearer than 20 feet to any property line or street right-of-way line. This does not apply to interior lot lines in the case of multiple lots developed as a single comprehensive development.
(c)
All parking and service areas shall be screened from the view of streets.
(d)
The parking setback area shall be landscaped with shade trees and shrubs adaptable to the location and able to provide low-level screening of the view of the parking lot. At least one shade tree for each 40 feet of frontage shall be provided.
(e)
In addition to landscaping at the periphery of the parking lot along public streets as required in Subsection E(2)(d) above, the interior of all surface parking lots shall be landscaped with at least one tree for every 20 parking spaces, which shall be planted in suitably prepared and protected landscaped islands.
F.
Additional requirements.
(2)
Outdoor storage. Any area used for outdoor storage shall not be located within the front yard and shall be enclosed by a wall or fence. Landscaping shall also be provided if visible from a public roadway or residential dwelling. There shall be no storage, sale or display of merchandise outside a completely enclosed building or storage area.
§ 195-136.2 LCI Limited Commercial Industrial District.
A.
Purpose of district.
(1)
The Limited Commercial Industrial District (LCI) includes the properties on the block formed by the Garden State Parkway, Central Avenue, Raritan Road and Walnut Avenue, with the exception of the office development in the existing COH Zone.
(2)
It is the purpose of the LCI District to encourage the beneficial redevelopment of property currently occupied by obsolete industrial buildings and/or existing retail and commercial buildings with comprehensively designed developments integrating buildings, parking, landscaping, signage, lighting, pedestrian walkways, vehicular access, and attractive architectural elements.
(3)
The vision for a retail and commercial center in Clark depicts a vibrant hub of community activity. We envision a future in which this area is highly accessible to pedestrians, bikers, transit, and automotive modes of travel. This area should be a place where people will come to stroll, walk, talk, work, buy food and drink, and conduct their daily business.
(4)
This area should be planned to develop over time into a thriving, economically sustainable commercial center that provides many of the goods and services that residents need on a daily basis to reduce the number of resident trips outside of the Township.
(5)
Consistent with this vision, any future development should be designed to allow this area to evolve into a community focal point and should evoke a sense of place on a human scale that is consistent with the suburban nature of the remainder of the Township.
(6)
Clark Township's dedication to a vision for our suburban community should be evidenced in our commercial center by our dedication to environmentally friendly and green building practices. A central architectural focus such as a fountain, plaza, clock tower or landscaped boulevards should encourage people to linger and enjoy the ambiance of the suburban setting.
B.
Permitted uses. In the LCI District, only the following uses shall be permitted, except as provided in Subsection C:
(1)
Excluding a supermarket, no more than one additional retail establishment may occupy space measuring between 45,001 square feet and 80,000 square feet.
(2)
Retail establishments of 45,000 square feet or less.
(3)
Supermarkets of 80,000 square feet or less.
(4)
Personal and consumer service uses.
(5)
Hotels.
(6)
Restaurants and eating and drinking establishments.
(7)
Banquet and catering facilities.
(8)
Banks and financial institutions, including drive-through banks.
(9)
Art, music and dance studios.
(10)
Pharmacies, including drive-through windows.
(11)
General, administrative, executive or professional offices.
(12)
Public uses and buildings.
(13)
Medical offices.
(14)
Veterinary hospitals and animal clinics.
(15)
Computer and data processing centers.
(16)
Indoor commercial recreational facilities, including but not limited to health clubs, gyms and fitness centers.
(17)
Shopping centers comprised of some or all of the preceding principal uses.
(18)
Day-care or child-care center.
(19)
Self-storage facility,
(20)
Massage, bodywork and somatic therapy establishments.
(21)
The following accessory uses shall be permitted:
(a)
Outdoor seating in conjunction with a permitted restaurant or eating and drinking establishment.
(b)
Other accessory uses, structures and buildings which are customary and accessory to the principal use.
(c)
Day-care or child-care center.
(d)
Off-street parking and loading. Structured parking is allowed, provided it meets the requirements of § 195-136.1B(22)(h).
(g)
Storage buildings, limited to the storage of materials owned and used only by the permitted use(s). Outside storage is not allowed.
(h)
Fences and walls.
E.
Area, yard and building dimensions. In the LCI District, the following dimensional requirements shall apply:
(3)
(4)
Once final site plan approval has been given to a shopping center, the requirements in Subsection E(1), (2) and (3) above shall not apply to any proposed subdivision of the property, whether the lots are in common ownership or not, provided that appropriate cross easements for access, parking, drainage, utilities, other shared facilities and the maintenance of common areas have been executed between the owners of the lots and have been provided to the Township of Clark for review and approval in order to ensure that the development will continue to function in accordance with the approved site plan.
F.
Parking and loading requirements.
(1)
Notwithstanding Article XXIV (§ 195-141 through § 195-148), the minimum parking requirements shall adhere to the requirements as set forth below, which shall take precedence over Article XXIV (§ 195-141 through § 195-148) in the case of any conflict:
(a)
For all retail uses within shopping centers or mixed-use developments: one parking space per 200 square feet of gross floor area.
(b)
For medical office uses: one parking space per 150 square feet of gross floor area.
(c)
For a freestanding restaurant on a separate pad site: one parking space per three seats.
(d)
There shall be no additional parking requirement for any square footage devoted solely to ancillary storage, office or employee lunchrooms on any mezzanine space within that portion of a building occupied by the individual use to which the storage, office and/or employee lunchroom is ancillary.
(e)
Notwithstanding the provisions of § 195-141A(2) and (3) of Article XXIV, each parking space within a shopping center or mixed-use development shall be a minimum of nine feet by 18 feet, and each aisle providing access to perpendicular parking spaces shall be a minimum of 22 feet for one-way aisles and 24 feet for two-way aisles.
(f)
Notwithstanding the provisions of § 195-91F, the development shall be required to provide safe and adequate pedestrian circulation throughout the complex and minimize to the greatest extent possible conflicts between pedestrians and vehicles.
(g)
Deferred or land-banked parking requirements for the LCI District.
[1]
When an applicant can demonstrate that fewer than the total number of parking spaces than required will satisfactorily meet the parking requirements of the proposed use, the Planning Board may defer or land-bank that number of parking spaces that are not immediately needed, subject to the following:
[a]
No more than 20% of the total number of required spaces shall be land-banked.
[b]
The applicant shall provide a site plan that shows that the required number of spaces, if needed, can be provided on site without exceeding the maximum impervious coverage.
[c]
All land-banked spaces are required to meet all of the applicable requirements of the Township zoning and design requirements, including drainage and lighting, and, to the extent necessary, variances and waivers shall be applied for and obtained.
[d]
Those parking spaces which are not immediately required shall be maintained in the interim as lawn or landscaped open space, until and if such spaces are needed in the future.
[e]
The land-banked parking area shall not count towards the minimum open space requirement for the site.
[f]
Within one year of initial occupancy, a post-construction parking analysis shall be conducted by the applicant to demonstrate that sufficient parking is available on site without the provision of the land-banked spaces.
[g]
The construction of the land-banked parking spaces may occur either when the Zoning Officer of the Township or the Planning Board, upon a vote of its members, determines that such spaces are required to fulfill the parking needs of the tenant or user of the site, or if and when the owner so chooses.
[h]
No amendment to the site plan shall be required for such installations, but a building permit shall be required.
[i]
Such spaces shall be constructed within six months of such action.
[j]
The property owner shall provide a performance bond sufficient to cover the costs of construction of the land-banked parking area. The Planning Board shall authorize the release of the performance bond upon submittal and acceptance of the post-construction analysis.
(2)
Parking design.
(a)
For properties with frontage on Walnut Avenue, none of the required parking facilities shall be located between the building line and Walnut Avenue, and screening with landscaping and/or fences or walls shall be provided between the street and any structure on the property.
(b)
No parking shall be located nearer than 20 feet to any property line, paved access drive or street right-of-way line. This does not apply to interior lot lines in the case of multiple lots developed as a single comprehensive development.
(c)
All parking and service areas shall be screened with landscaping and/or fencing.
(d)
The parking area shall be landscaped with shade trees and shrubs adaptable to the location and able to provide low-level screening of the view of the parking lot. At least one shade tree for each 40 feet of frontage shall be provided unless adequate evergreen screening is provided. No shade tree shall obstruct the view of any use or sign in close proximity to the street.
(e)
In addition to landscaping at the periphery of the parking lot along public streets as required in Subsection F(2)(d) above, the interior of all surface parking lots shall be landscaped with at least one tree for every 25 parking spaces, which shall be planted in suitably prepared and protected landscaped islands or medians.
(3)
Loading requirements.
(a)
No loading dock or service area may be directly located on or visible from any street frontage.
(b)
Shared loading areas are encouraged. Individual uses on pad sites are not required to provide a designated loading area, provided that the use can demonstrate that none is needed and loading/unloading activities occur at off-peak hours for the business and/or the shopping center.
(c)
No loading or unloading shall occur between 11:00 p.m. and 7:00 a.m. for any business/occupant located within a building abutting a residential zone.
(d)
Motor vehicles shall not idle more than three minutes in accordance with New Jersey state statute.
G.
Additional requirements.
(1)
Notwithstanding the provisions of § 195-146C of this chapter, where a lot in the LCI Zone has a minimum of 1,000 feet of frontage on a public street, more than one driveway shall be permitted along that street, provided that the vehicular circulation to and from the street will be facilitated by a traffic signal at the main entrance to any shopping center or mixed-use development measuring at least 100,000 gross square feet (GSF) and that the center lines of separate driveways shall be spaced at least 350 feet apart.
(2)
For applications in the LCI Zone:
(a)
A traffic impact study of the proposed development and surrounding areas shall be required.
(b)
A fiscal impact study shall be required and submitted as part of the site plan review process.
(c)
A conceptual plan shall be submitted to the Planning Board for approval prior to the submission of a site plan application.
§ 195-137.1 COR Corporate Office Research Overlay District.
A.
Purpose of overlay district. The purpose of the COR Overlay District is to permit the development of modern, functional and comprehensive research and development facilities, including administrative and executive offices and accessory facilities, such as training and educational facilities, cafeterias and conference centers, that will contribute to the economic welfare of the Township and will constitute an attractive and harmonious development within Clark Township.
B.
Permitted uses. In the COR Overlay District, only the following uses shall be permitted, except as provided in Subsection C:
(1)
Research laboratories for scientific or industrial research or testing.
(2)
Pilot plants as defined herein.
(3)
Limited manufacturing as defined herein.
(4)
General, administrative, executive and professional offices.
(5)
Banks.
(6)
Computer and data processing centers.
(7)
Public uses and buildings.
(8)
The following accessory uses shall be permitted:
(b)
Day-care centers for children of employees only.
(c)
Restaurants or cafeterias serving meals only to employees and guests of the principal uses.
(d)
Conference and in-service training facilities.
(e)
Indoor and outdoor recreation facilities, such as but not limited to tennis courts, basketball courts, jogging paths and exercise stations.
(f)
Other accessory uses, structures and buildings which are customary and accessory to the principal use.
(g)
Structured parking garages, either within the principal building or as a standalone structure, including below- and above-grade parking, and notwithstanding § 195-190D, shall be subject to the same area, yard and building dimensions as principal uses in the COR Overlay District, except that the height shall be restricted to 36 feet in height.
(h)
Off-street parking.
(i)
Signs.
(j)
Storage areas.
D.
Area, yard and building dimensions. In any COR District, the following dimensional requirements shall apply:
(2)
Minimum yards:
(a)
Front: 40 feet.
(b)
Rear: 25 feet.
(c)
Side: 30 feet for one; a total 60 feet for both side yards.
[1]
For interior lot lines, in the case of multiple lots developed as a single comprehensive development, zero lot lines shall be permitted. If developed as a single comprehensive development, subject to a joint development plan, such lots need not be under common ownership.
E.
Parking and loading requirements.
(1)
Minimum parking requirements in the COR Overlay District:
(a)
For research and development facilities: one parking space per 500 square feet of gross floor area or one parking space per 1.5 employees, whichever is lesser.
(b)
For office space separate and apart from research and development facilities: one parking space per 250 square feet of gross floor area.
(c)
For pilot plants or space used for limited manufacturing: one parking space per 400 square feet of gross floor area.
(2)
Deferred or land-banked parking requirements for the COR Overlay District.
(a)
When an applicant can demonstrate that fewer than the total number of parking spaces than required will satisfactorily meet the parking requirements of the proposed use, the Planning Board may defer or land-bank that number of parking spaces that are not immediately needed, subject to the following:
[1]
No more than 25% of the total number of required spaces shall be land-banked.
[2]
The applicant shall provide a site plan that shows that the required number of spaces, if needed, can be provided on site without exceeding the maximum impervious coverage.
[3]
All land-banked spaces are required to meet all of the applicable requirements of the Township zoning and design requirements, including drainage and lighting, and, to the extent necessary, variances and waivers shall be applied for and obtained.
[4]
Those parking spaces which are not immediately required shall be maintained in the interim as lawn or landscaped open space, until and if such spaces are needed in the future.
[5]
The land-banked parking area shall not count towards the minimum open space requirement for the site.
[6]
Within one year of initial occupancy, a post-construction parking analysis shall be conducted by the applicant to demonstrate that sufficient parking is available on site without the provision of the land-banked spaces.
[7]
The construction of the land-banked parking spaces may occur either when the Zoning Officer of the Township or the Planning Board, upon a vote of its members, determines that such spaces are required to fulfill the parking needs of the tenant or user of the site, or if and when the owner so chooses.
[8]
No amendment to the site plan shall be required for such installations, but a building permit shall be required.
[9]
Such spaces shall be constructed within six months of such action.
[10]
The property owner shall provide a performance bond sufficient to cover the costs of construction of the land-banked parking area. The Planning Board shall authorize the release of the performance bond upon submittal and acceptance of the post-construction analysis.
(3)
Parking design.
(a)
For properties with frontage on Terminal Avenue, not more than 10% of all required parking facilities shall be located between the building line and the street line.
(b)
No parking shall be located nearer than 20 feet to any property line or street right-of-way line. This does not apply to interior lot lines in the case of multiple lots developed as a single comprehensive development.
(c)
All parking and service areas shall be screened from the view of streets.
(d)
The parking setback area shall be landscaped with shade trees and shrubs adaptable to the location and able to provide low-level screening of the view of the parking lot. At least one shade tree for each 40 feet of frontage shall be provided.
(e)
In addition to landscaping at the periphery of the parking lot along public streets as required in Subsection E(3)(d) above, the interior of all surface parking lots shall be landscaped with at least one tree for every 20 parking spaces, which shall be planted in suitably prepared and protected landscaped islands.
F.
Additional requirements.
(2)
Outdoor storage. Any area used for outdoor storage shall not be located within the front yard and shall be enclosed by a wall or fence. Landscaping shall also be provided if visible from a public roadway or residential dwelling. There shall be no storage, sale or display of merchandise outside a completely enclosed building or storage area.
§ 195-138 P Public District.
A.
Purpose of district. This district is to apply to areas owned and occupied by the Township, county or state, or agencies thereof, on a permanent basis, for public purposes.
B.
Permitted uses. Permitted uses shall include public buildings and uses, subject to review and recommendation of the Planning Board pursuant to N.J.S.A. 40:55D-31.
(1)
On municipal and Board of Education properties, electronic message centers (EMCs) are permitted as a freestanding monument sign. EMCs are prohibited elsewhere in the Township.
C.
Zoning in the event of reversion to private use. If the public use of any areas in the P Public District is discontinued, and the property reverts to private ownership or use, no new use shall be established until another zone district is applied to this property by the Township Council, following the submission of a recommendation by the Township Planning Board.
§ 195-139 O Conservation District.
A.
Purpose of district. It is the intent of this section, in furtherance of the objectives of the Comprehensive Master Plan, to establish certain districts wherein both land and water resources shall be preserved free from encroachment by any residential, commercial or industrial uses and buildings. The preservation of these designated areas in their open and natural state is deemed necessary:
(1)
To reduce the amount of soil erosion along stream and river banks to minimize sedimentation of such bodies of water.
(2)
To preserve the natural amenities of such areas.
(3)
To create and preserve open areas as separations between densely settled urban areas or neighborhoods.
(4)
To preserve as much as possible the natural drainage characteristics of the watershed to minimize floor or high-water damage.
(5)
To preserve the quality of bodies of water as sources of water supply.
(6)
To provide opportunities for the use of these areas as parks and recreation areas readily accessible to all parts of the community and for the enjoyment of all inhabitants thereof.
B.
Permitted uses. In any O District, no other than the following uses shall be permitted, except as provided in Subsection C:
§ 195-140 GC Golf Course District.
A.
Purpose of district. The purpose of the GC District is to allow for development of a nine-hole, regulation-length golf course, while protecting any wetland areas, on the sixty-seven-acre former Hyatt-General Motors site, Block 143, Lot 1, to provide opportunities for use of this area as a recreation area readily accessible to all parts of the community and for the enjoyment of all inhabitants thereof.
§ 195-140.1 R-TH Residential Townhouse District.
A.
Purpose of district. The purpose of the R-TH Residential Townhouse District is to allow moderate-density townhouses to be developed as a transitional use between single-family homes and more intensive nonresidential uses. Single-family detached residences as per the R-75 District requirements are also permitted.
B.
Permitted uses. In any R-TH District, only the following uses shall be permitted, except as provided in Subsection C:
(1)
Single-family residences, subject to the minimum and maximum requirements set forth in § 195-126 for the R-75 District.
(2)
Townhouses.
(3)
Public buildings and uses.
(4)
Home occupations.
(5)
The following accessory uses shall be permitted:
(a)
In conjunction with townhouses, swimming pools, clubhouses and similar indoor and outdoor recreation for use by residents and their guests only.
(b)
Attached or detached private parking garages and/or off-street parking.
(c)
Other accessory uses, structures and buildings customary and accessory to the principal use.
(d)
Signs.
(e)
Parking to serve the principal use, located within 200 feet of the property.
C.
Conditional uses. In the R-TH District, the following conditional uses may be permitted pursuant to the provisions of this section:
(1)
Public utility installation.
D.
Area, yard and building dimensions. In any R-TH District, the following dimensional requirements shall apply:
(1)
For single-family detached residences, the provisions in the R-75 District in § 195-126 shall apply.
(2)
Townhouses:
(b)
Minimum perimeter setback: 20 feet between a building and the exterior lot line.
(d)
Maximum number of units per building: six units.
(f)
Maximum density: eight units per acre of site area.
(h)
Minimum open space coverage: 35%.
(i)
Minimum parking requirements shall be provided as per RSIS Standards.
(j)
Circulation shall be designed so that access to parking garages shall be from on-site driveways, not the adjoining street. Parking lots shall not be located between the building line and the street line.
(k)
Affordable housing set-aside. A minimum of 20% of the units shall be affordable to low- and moderate-income households, pursuant to N.J.A.C. 5:97-6.4 and N.J.A.C. 5:80-26.
§ 195-140.2 R-B-16 Multiple-Family Residential District.
A.
Purpose of district. The purpose of the R-B District is to allow for the construction of multifamily residential buildings, including townhouses and garden apartments, meeting the minimum density requirement for inclusionary housing and providing for the required set-aside of units within such developments affordable to low- and moderate-income families, complying with the obligation of the Township to provide a regional fair share of low- and moderate-income housing.
B.
Permitted uses. The permitted uses are townhouses and garden apartments.
C.
Development standards.
(1)
Definition of uses. Garden apartments include multiple dwellings arranged in flats, up to 40 feet in height. Townhouses comprise single-family dwellings attached side by side, up to 2 1/2 stories in height. A half story is one within a gable roof, in which not over 1/2 of the floor area of the full story below has a full ceiling height.
(2)
Density. The maximum density shall be 16 units per acre of site area.
(3)
Affordable housing requirements. A minimum of 20% of the housing units shall be deed-restricted so as to be affordable to and occupied only by qualified low- and moderate-income family households, including very-low-income households, if applicable, in full accordance with the Township's Court-approved Affordable Housing Ordinance (Chapter 66 of the Township's Code).
(4)
Building requirements, garden apartments. Maximum building height shall be 40 feet, and maximum building length shall be 120 feet.
(5)
Building requirements, townhouses. Maximum building height shall be 2 1/2 stories and 35 feet, and there shall not be more than six housing units per structure.
(6)
Setbacks and spacing, garden apartments. The minimum setback from street and property lines shall be 50 feet, except that accessory garages, if provided, may be within 20 feet of side or rear lot lines. The minimum distance between buildings shall be 35 feet between fronts and backs, and 20 feet end to end. The minimum setback from parking areas and driveways shall be 10 feet.
(7)
Setbacks and spacing, townhouses. The minimum setback from streets and property lines shall be 50 feet. The minimum separation between buildings shall be 50 feet between fronts and backs, and 25 feet end to end. The minimum setbacks from driveways and parking areas shall be 20 feet from building fronts and 25 feet from building rears, and 20 feet on building ends.
(8)
Landscaped areas, buffer areas, and recreation facilities. All areas not occupied by buildings, driveways, walkways, and parking areas shall be suitably landscaped and shall be arranged such that appropriate active and passive recreation facilities will be provided. Where the site adjoins other zones on the side or rear, a suitable landscaped buffer strip of at least five feet in width shall be provided to form a visual screen.
(9)
Parking areas and access drives. A minimum of two parking spaces shall be provided for each dwelling unit. For townhouses, one of these spaces shall be provided within the unit or in a garage, except that this requirement shall not apply to lower-income units. All off-street parking areas shall be surfaced in accordance with Township standards. No off-street parking shall be located within front yards or within less than 10 feet from side and rear property lines.
D.
Affordable housing requirements.
(1) LOW-INCOME HOUSEHOLD MODERATE-INCOME HOUSEHOLD VERY-LOW-INCOME HOUSEHOLD
Definitions. As used in this section, the following terms shall have the meanings indicated:
A household with a total gross annual household income equal to 50% or less of the regional median household income by household size.
A household with a total gross annual household income in excess of 50% but less than 80% of the regional median household income by household size.
A household with a total gross annual household income equal to 30% or less of the regional median household income by household size.
(2)
Affordable units in this district shall not be age-restricted.
(3)
Affordable units in this district shall be architecturally similar to the market rate units and shall be distributed among the market-rate units rather than isolated.
§ 195-140.3 R-B-20 Multiple-Family Residential District.
A.
Purpose of district. The purpose of the R-B District is to allow for the construction of multifamily residential buildings, including townhouses and garden apartments, meeting the minimum density requirement for inclusionary housing and providing for the required set-aside of units within such developments affordable to low- and moderate-income families, complying with the obligation of the Township to provide a regional fair share of low- and moderate-income housing.
B.
Permitted uses. The permitted uses are townhouses and garden apartments.
C.
Development standards.
(1)
Definition of uses. Garden apartments include multiple dwellings arranged in flats, up to 45 feet in height. Townhouses comprise single-family dwellings attached side by side, up to 2 1/2 stories in height. A half story is one within a gable roof, in which not over 1/2 of the floor area of the full story below has a full ceiling height.
(2)
Density. The maximum density shall be 20 units per acre of site area. A minimum of 168 units are permitted, with three-bedroom units permitted for both market-rate and affordable units. At the applicant's option, the maximum units permitted would be 177, provided that the only permitted three-bedroom units would be affordable units to meet the Township's obligation.
(3)
Lower-income housing requirements. A minimum of 16% of the housing units shall be sold or rented and shall be maintained for a minimum period of 30 years so as to be affordable to families and persons of low- and moderate-income, under the lower-income housing requirements specified in Subsection D below. If the total unit count is 168 units, the affordable housing set-aside shall be 27 units. If the total unit count is 177 units, the affordable housing set-aside shall be 28 units.
(4)
Building requirements, garden apartments. Maximum building height shall be 45 feet.
(5)
Building requirements, townhouses. Maximum building height shall be 2 1/2 stories and 35 feet, and there shall not be more than six housing units per structure.
(6)
Setbacks and spacing, garden apartments. The minimum setback from street and property lines shall be 50 feet, except that accessory garages, if provided, may be within 20 feet of side or rear lot lines. The minimum distance between buildings shall be 35 feet between fronts and backs, and 20 feet end to end. The minimum setback from parking areas and driveways shall be 10 feet.
(7)
Setbacks and spacing, townhouses. The minimum setback from streets and property lines shall be 50 feet. The minimum separation between buildings shall be 50 feet between fronts and backs, and 25 feet end to end. The minimum setbacks from driveways and parking areas shall be 20 feet from building fronts and 25 feet from building rears, and 20 feet on building ends.
(8)
Landscaped areas, buffer areas, and recreation facilities. All areas not occupied by buildings, driveways, walkways, and parking areas shall be suitably landscaped and shall be arranged such that appropriate active and passive recreation facilities will be provided. Where the site adjoins other zones on the side or rear, a suitable landscaped buffer strip of at least five feet in width shall be provided to form a visual screen.
(9)
Parking areas and access drives. A minimum of two parking spaces shall be provided for each dwelling unit. For townhouses, one of these spaces shall be provided within the unit or in a garage, except that this requirement shall not apply to lower-income units. All off-street parking areas shall be surfaced in accordance with Township standards. No off-street parking shall be located within front yards or within less than 10 feet from side and rear property lines.
D.
Affordable housing requirements.
(1) LOW-INCOME HOUSEHOLD MODERATE-INCOME HOUSEHOLD VERY-LOW-INCOME HOUSEHOLD
Definitions. As used in this section, the following terms shall have the meanings indicated:
A household with a total gross annual household income equal to 50% or less of the regional median household income by household size.
A household with a total gross annual household income in excess of 50% but less than 80% of the regional median household income by household size.
A household with a total gross annual household income equal to 30% or less of the regional median household income by household size.
(2)
Affordable units in this district shall not be age-restricted.
(3)
Affordable units in this district shall be architecturally similar to the market-rate units and shall be distributed among the market-rate units rather than isolated.