Edgewater City Zoning Code
ARTICLE XIII
Regulations Governing Certain Principal Permitted Uses
§ 240-123 Mixed-Use Commercial/Residential Development (MCRD) Zone.
A.
Purpose. The purpose and intent of this district is to allow for a development involving a mixture of compatible commercial, office, attached residential land uses and related activities and public spaces to be accommodated in a group of structures designed to enhance and promote the southerly portion of the Borough of Edgewater. This area shall be planned on the basis of an integrated, comprehensive design with respect to the location and relationship of buildings, parking, landscape amenity, architectural elements, public open space areas, environmental features, roads, pedestrian walkways, access to the surrounding road network and utilities.
B.
Description of the Mixed-Use Commercial/Residential Development District. The MCRD Zone shall be deemed to constitute the following lands: Block 91, Lot 1, as shown on the Glenwood Mall illustration in the 1998 Borough of Edgewater Master Plan Reexamination Report.
C.
Permitted uses. In the Mixed-Use Commercial/Residential Development District, no buildings or structures shall be erected nor shall any land or building be designed, used or intended to be used for any purpose other than the following:
(1)
Principal permitted uses. Banks, business and professional offices, child-care centers, financial institutions, hotels, multifamily residential, retail and service commercial uses and restaurants (eating and drinking establishments) and marinas.
(2)
Accessory uses. Off-street parking and loading facilities, including parking decks; signs; accessory storage within a fully enclosed permanent structure for materials, goods and supplies intended for sale or consumption on the premises; recreation facilities; fences and walls; accessory retail sales in office and hotel buildings, including newsstands, tobacconists, gift shops, restaurants, beauty parlors and related uses and activities; and other customary accessory uses and buildings which are clearly incidental to the principal uses and buildings permitted in this zone.
(3)
Conditional uses: essential services, as defined and regulated by the chapter.
D.
Area and bulk regulations.
(1)
Tract development.
(a)
A minimum of 15 acres shall be required for development in the Mixed-Use Commercial/Residential Development District. Proposed roads bisecting a tract shall not render a tract noncontiguous.
(b)
A minimum street frontage of 500 feet of frontage on a major arterial road, as defined in the identified in the Borough Master Plan.
(c)
Building setbacks. Buildings shall be set back from the River Road right-of-way a minimum of 50 feet. A minimum setback of 15 feet shall be maintained from the tract's northerly and southerly external property lines to the parking deck. All buildings atop the deck shall be set back minimally 25 feet from the tract's north and south property lines.
(d)
Building and impervious coverage. The maximum permitted coverage by building decks and other impervious material shall be 85%. The maximum permitted coverage by buildings and other impervious material on the roof of the deck shall be 80%.
(e)
Floor area ratio. No single nonresidential use shall be permitted to exceed a floor area ratio (FAR) of 0.3, provided that the total amount of retail and office development shall in no event exceed 400,000 square feet of gross floor area within the entire area encompassed by the MCRD Zone, and further provided that any other regulation set forth herein restricting intensity of use for any particular use, which may be more restrictive, shall apply.
(f)
Density. The maximum permitted residential density for all residential development in an MCRD Zone shall be 25 dwelling units per acre.
(g)
Landscaped perimeter. A minimum fifteen-foot-wide landscaped buffer shall be maintained along all external property lines, except that no such landscaped buffer shall be required along the Hudson River side of the property where the applicant shall be required to install a riverfront walkway pursuant to the Borough Master Plan and applicable State of New Jersey requirements or where main access driveways from New River Road abut the external property line. The buffer shall consist of a landscaped and planted area.
(h)
Parking. The tract shall incorporate underground parking as a principal approach to its overall design. This shall ensure that the at-grade design will not consist of a substantial open lot with its associated expanse of blacktop. Surface-level parking shall not constitute more than 25% of all on-site parking. The height of any parking deck wall which parallels River Road, and which is situated within 200 feet of River Road, shall not exceed a height above grade of 15 feet.
E.
Lot development.
(1)
A minimum lot area of 1.5 acres shall be required for individual lots within the MCRD Zone. This regulation is designed solely to enable subdivision of the overall tract following approval of a site plan identifying a comprehensive development plan for the entire tract.
(2)
Building setbacks to internal roads and property lines. Buildings shall be set back a minimum distance of 10 feet from all internal roadways and driveways.
(3)
A minimum building setback of 25 feet between buildings shall be provided.
(4)
Building height. (All of the following heights shall be measured from the roof of the parking deck.)
(a)
Retail and service commercial uses. Retail and service commercial uses shall be permitted to be located in the first two stories above grade in the building they are located in, provided that in no event shall such use exceed a height of 30 feet.
(b)
Offices. Office buildings shall be permitted a maximum building height of six stories and 70 feet.
(c)
Banks and restaurants. Freestanding banks and restaurants shall be permitted a maximum building height of two stories and 35 feet.
(d)
Hotels. Hotels shall be permitted a maximum building height of eight stories and 90 feet.
(e)
Residential. Residential uses shall be permitted a maximum building height of five stories and 55 feet.
(5)
Ancillary rooftop appurtenances. Ancillary rooftop appurtenances including decorative features, may exceed the height limitations set forth herein, provided that in no event shall such appurtenances exceed 15 feet in height, nor cover more than 20% of the area of the roof of such building.
(6)
Multiple retail buildings shall be permitted on site, provided that no single retail use occupant shall be permitted to have a maximum building footprint exceeding 50,000 square feet of gross floor area.
F.
Supplemental regulations governing specific uses.
(1)
Multiple buildings on a lot. Multiple buildings on a lot shall be permitted.
(2)
Office use. Offices constructed in the MCRD Zone shall be limited to a maximum of 150,000 square feet of gross floor area. Permitted types of office uses shall include general business, medical and professional offices. Ancillary uses within office buildings may include such activities as coffee shops, snack bars, news stands, convenience stores, child care facilities, health clubs, parking lots and decks and other accessory uses as are customarily part of an office development.
(3)
Hotels. A hotel constructed in the MCRD Zone shall contain a maximum floor area of 130,000 square feet of gross floor space. Such facility may include such facilities as restaurants, dining room areas, bars, conference rooms, convenience stores and other accessory uses as are customarily part of a hotel development.
(4)
Residential. Multifamily dwellings shall only be permitted above the first story of any structure, with the first floor devoted to retail and/or service commercial use.
H.
Parking. The following parking standards shall apply.
(1)
Retail/service commercial: one space per 325 square feet of gross floor area.
(2)
Office uses: one space per 250 square feet of gross floor area.
(3)
Hotel uses: one space per room.
(4)
Restaurants: one space per 3.5 seats.
(5)
Banks: one space per 300 square feet of gross floor area.
(6)
Residential: two spaces per dwelling unit.
I.
General design standards.
(1)
Building form and mass. All buildings should relate harmoniously to the site's natural features and other on-site buildings, as well as other structures in the vicinity that have a visual relationship and orientation to the proposed buildings. Such features should be incorporated into the design of building form and mass and assist in the determination of building orientation in order to preserve visual access to natural or man-made community focal points.
(2)
Large horizontal buildings, i.e., buildings with a linear dimension of more than 250 feet, should be broken into segments having vertical orientation. A visual and/or physical break should be provided minimally every 100 linear feet. Offsets consisting of a break in the linear plan of the building of a minimum 2 1/2 feet shall be required. Related architectural elements which preclude a continuous uninterrupted facade building length may also be utilized to achieve a break in the linear dimension of the building walls in place of an offset if determined by the approving authority to achieve the same purpose. All building foundations shall be appropriately landscaped.
(3)
Buildings with expansive blank walls are prohibited. Appropriate facade treatments should be imposed to ensure that such buildings are integrated with the rest of the development.
(4)
New buildings are encouraged to incorporate such building elements as entrances, corners, graphic panels, display windows, etc., as a means to provide a visually attractive environment.
(5)
Cornices, awnings, canopies, flagpoles, signage and other ornamental features should be encouraged as a means to enhance the visual environment. Such features may be permitted to project over pedestrian sidewalks, with a minimum vertical clearance of 8.5 feet, to within three feet of a curb.
J.
Facade treatment.
(1)
A human scale of development should be achieved at grade and along street frontages through the use of such elements as windows, doors, columns, awnings and canopies.
(2)
Multitenant buildings shall provide varied storefronts and such elements as noted above for all ground-floor tenants. Upper floors shall be coordinated with ground floors through common materials and colors.
(3)
Design emphasis should be placed on primary building entrances. They should be vertical in character, particularly when there is the need to provide contrast with a long linear building footprint, and such details as piers, columns and framing should be utilized to reinforce verticality.
(4)
Side and rear elevations should receive architectural treatments comparable to front facades when public access or public parking is provided next to the buildings.
(5)
Rhythms which carry through a block, such as storefront patterns, window spacing, entrances, canopies or awnings, etc., should be incorporated into facades.
(6)
The facade elevations of the parking deck shall receive architectural treatment which complements the buildings located on the deck's rooftop. For example, window cut-outs, framing and other architectural vernacular detailing should be used to reinforce the complementary appearance of the parking deck, integrating its design into the overall project.
K.
Material and texture.
(1)
A variety of materials may be appropriate. Masonry, which works well at the base of a building, can vary in size, color and texture and enables the provision of a decorative pattern or band. Above 12 feet, it can be substituted with other suitable materials.
(2)
The use of fabric or metal canopies is to be encouraged, especially over storefronts, at entrances or over display windows.
(3)
Integration of large-scale graphics, where appropriate, into the facade is encouraged.
L.
Lighting.
(1)
The use of creative lighting schemes to highlight building facades and related areas of a site shall be encouraged. The use of traditional-style lanterns and similar fixtures also shall be encouraged. Exterior neon lights and lighting generating glare and unnecessary nightglow impacts shall be prohibited.
(2)
Whenever possible, light poles should be integrated into landscaped islands.
M.
Streetscape design.
(1)
The use of street furniture (benches, tables, trash receptacles, etc.) shall be encouraged throughout the development, provided that the materials used are consistent with the overall concept of the building design.
(2)
Sidewalks should have a width of at least 10 feet along main pedestrian streets where active pedestrian corridors are located and active pedestrian movements are encouraged and located along building frontages so as to tie the various buildings together. Wider sidewalks may be designed for special places such as plazas or courts.
N.
Landscape.
(1)
A hierarchy of landscape features should be established for the site. The main entrance road should include street trees on each side of the roadway, and such trees should be different than the trees used in parking areas. Spacing between trees shall be a maximum 40 feet unless another vertical element, such as a decorative light fixture or blade sign, is used between the trees, in which case a maximum of 60 feet shall be permitted. Trees along primary streets should be in a formal arrangement, while informal planting may be provided along access roads.
(2)
Street trees and other plant material should be provided at the ends of parking bays. Landscaped islands should be at least six feet in width. This section does not apply to parking spaces in parking garages.
(3)
Trees should be a two-and-five-tenths- to three-inch caliper.
(4)
Parking rows longer than 20 parking spaces should have a six-foot-wide landscaped island to break the pavement. This section does not apply to parking spaces in parking garages.
(5)
Foundation plantings, including trees and shrubs, should be planted along the parking deck walls to break up the extended building wall. Particular focus should be on the River Road corridor, consistent with the Borough Master Plan recommendations.
O.
Submittal requirements.
(1)
An applicant for development in the Mixed-Use Commercial/Residential Development Zone must submit a site plan indicating the manner in which the entire fifteen-acre (plus or minus) tract is to be developed. Said plan shall include all the data required for site plan review and clearly indicate the distribution of use and intensity of use of land within the tract. This zone-wide approach to development in the MCRD Zone is mandated to ensure that the zone tract is developed within the framework of a comprehensive, integrated design and not in a piecemeal fashion.
(2)
The submittal shall contain, in addition to the site plan submittal provisions, a report detailing the following:
(a)
An indication of the total number of dwellings units, by bedroom count, and amount of nonresidential floor area and the land area to be devoted to residential and each nonresidential use, by use. The density and intensity of use of the entire planned development shall be noted.
(b)
A traffic and circulation plan, regarding vehicular and pedestrian movements, addressing the goals and policy statements set forth in the Borough Master Plan, shall be provided. Such report shall address existing and projected vehicular peak-hour movements, turning movements, and the need for improvements to enhance traffic safety and convenience in the area.
(c)
A socioeconomic impact study shall be required pursuant to the applicable goal (Goal No. 15) and associated policy statement as set forth in the Borough Master Plan.
(d)
A proposed timing schedule in the case where construction is contemplated over a period of years, including any terms or conditions which are intended to protect the interests of the public and of the residents who occupy any section of the development prior to the completion of the development in its entirety.
§ 240-124 Community residences.
Community residences for the developmentally disabled and community shelters for victim of domestic violence shall be a permitted use in all residential districts, subject to the following:
§ 240-125 Child-care facilities.
Applications for freestanding child-care centers as a permitted principal use shall comply with the following.
A.
Area and bulk regulations:
[Amended 12-17-2012 by Ord. No. 1485-2012; 9-15-2014 by Ord. No. 1512-2014]
Regulation | District MCRD, CBD, B-1, B-2, B-3, B-4, MXD-1, MXD-2, MXD-3 and OR-1 | |
|---|---|---|
Minimum lot area (square feet) | 25,000 | |
Minimum lot width (feet) | 100 | |
Minimum lot depth (feet) | 150 | |
Minimum front yard (feet) | 20 | |
Minimum side yards (feet) | 10 | |
Minimum rear yards (feet) | 40 | |
Maximum building coverage | 40% | |
Maximum impervious coverage | 75% | |
Maximum building height (stories/feet) | 2/30 |
B.
A minimum of 150 square feet of outdoor play area shall be provided for the first five children, plus an additional 30 square feet of play area per child at peak usage. Play areas shall be permitted in the rear and side yards only and shall be enclosed by a fence at least four feet in height and landscaped and screened from adjoining properties.
C.
One off-street parking space shall be provided for every six children, plus an additional space shall be provided for each staff member on site at peak hour.
D.
Such facility shall comply with all applicable governmental requirements and shall be licensed by the New Jersey Department of Human Services.
E.
A child-care facility may be permitted to occupy an entire building or a portion of an existing building which is partially occupied by other uses, irrespective of any other ordinance limitations on the number of principal permitted uses allowed on a lot.
F.
The floor area occupied by a child-care center in any building for which the child-care center is an accessory use shall be excluded in calculating any parking requirement otherwise applicable to that amount of floor space and shall be excluded from the permitted floor area ratio allowable for that building.
§ 240-126 Multifamily developments.
A.
Each development shall have a compatible architectural and landscaping theme. Each project shall specify how each of the following considerations has been incorporated in the overall plans: landscaping techniques; building orientation to the site and other structures; topography; natural features, such as wooded areas, drainagecourses, soil conditions and topographic relief; and building design features, such as varying unit widths, staggering unit setbacks, providing different exterior materials, changing rooflines and roof designs, altering building heights and changing types of windows, shutters, doors, porches, colors and vertical or horizontal orientation of the facades, singularly or in combination.
B.
The configuration of structures may be any alignment that meets the yard requirements and does not exceed the following overall or component building lengths: 200 feet on one plane; provided that an angled building's hypotenuse shall not exceed 340 feet. (See Appendix for illustration.[1])
[1]
Editor's Note: Said illustrations are on file in the Borough offices.
C.
Townhouse structures shall have not less than three nor more than eight units in one townhouse building group.
D.
The location of recreational facilities shall consider the proximity of structures, type of recreational facility, noise level and evening illumination which may create nuisances for residents and neighboring property owners and pedestrian and bicycle traffic across major interior roads or driveways. The periphery of any recreation area shall be no closer to a residential structure than the minimum yard for that structure. For any apartment development or building in excess of 12 dwelling units, at least 15% of the total land area shall be set aside and developed for usable recreation space. In no case shall such space be smaller than 1/4 acre.
E.
All buildings and structures shall be set back a minimum of 10 feet from internal driveways.
§ 240-127 Places of worship.
Churches, temples and other places of worship shall be governed by the following regulations.
A.
Area, bulk and yard requirements.
(1)
Minimum lot area: 40,000 square feet.
(2)
Minimum lot width: 150 feet.
(3)
Minimum lot depth: 150 feet.
(4)
Minimum front yard: 35 feet.
(5)
Minimum side yards: 25 feet.
(6)
Minimum rear yard: 35 feet.
(7)
Maximum building height: 2 1/2 stories/35 feet.
(8)
Maximum building coverage: 30%.
(9)
Maximum impervious coverage: 65%.
(10)
Minimum buffer width: 25 feet.
B.
Where two or more buildings are located on a site, they shall be separated by a yard area at least twice the average height of the two buildings or 40 feet, whichever is greater.
§ 240-128 Single-family cluster residential.
Cluster development may be approved in the R-1 Zone in accordance with the following standards, provided that the tract size is at least five acres and the approving authority finds that:
A.
The maximum number of dwelling units shall not exceed six dwellings per acre.
B.
Land area equal to a minimum of 20% of the entire tract shall be set aside for open space. Lands to be set aside shall be dedicated to either the Borough of Edgewater or a homeowners' association.
C.
There shall be a minimum building setback from any internal street right-of-way of 20 feet and a minimum building setback from the River Road right-of-way of 50 feet.
D.
There shall be a minimum distance of 20 feet between the side walls of any two buildings and a minimum distance of 40 feet between the rear wall of opposite-facing dwellings.
E.
No building or structure shall exceed 2 1/2 stories and 35 feet in height.
§ 240-129 Marina facilities.
Marina facilities shall conform to the following requirements:
A.
Marinas permitted in residential zones. Marinas permitted in residential zones shall comply with the following:
B.
Marinas permitted in nonresidential zones. Marinas permitted in nonresidential zones shall comply with the following:
(1)
Parking shall be provided to accommodate one parking space for every boat slip, plus one parking space per two employees.
(2)
The outdoor storage of boats and equipment shall be conducted within a fenced and secured area which shall incorporate screening, either through the use of fencing, landscape materials or a combination of both.
(3)
The storage of petroleum, gasoline or other highly flammable oils and their volatile products above ground in total quantities greater than 3,000 gallons or underground in total quantities greater than 20,000 gallons for use in connection with a marina is prohibited.
§ 240-130 Shadyside Mixed-Use District (B-2 Zone).
A.
Purpose. The B-2 Shadyside Mixed Use District is designed to acknowledge the area's unique characteristics which is typified by small lot sizes, side-line-to-side-line building arrangements, and compatible building heights, and to promote a comprehensive design which will provide a theme identifying the district. The zoning should allow for development involving a mixture of compatible commercial, attached residential land uses, and related activities. This area shall be planned on the basis of an integrated, comprehensive design with respect to the location and relationship of buildings, parking, landscape amenity, architectural elements, environmental features, roads, pedestrian walkways, access to the surrounding road network, and utilities.
B.
Permitted uses. In the B-2 Shadyside Mixed-Use District no buildings or structures shall be erected nor shall any land or building be designed, used or intended to be used for any purpose other than the following:
(1)
Principal permitted uses. Art galleries and studios, banks, business and professional offices, child-care centers, financial institutions, multifamily residential above the first story of any structure in which the first floor is devoted to retail and/or service commercial use, retail and service commercial uses, and restaurants (eating and drinking establishments).
(2)
Accessory uses. Off-street parking and loading facilities, including parking decks, provided that the decks shall be limited to one level above an at-grade parking level; signs; accessory storage within a fully enclosed permanent structure for materials, goods and supplies intended for sale or consumption on the premises; recreation facilities; fences and walls; and other customary accessory uses and buildings which are clearly incidental to the principal uses and buildings permitted in this zone.
(3)
Conditional uses: essential services, as defined and regulated by the chapter.
C.
Architectural facade treatment and design. A consistent, compatible facade and massing is essential to relate on-site development with the Old River Road area and affirm the character of the Shadyside area. New buildings are encouraged to incorporate such building elements as entrances, corners, graphic panels, display windows, etc., in the manner described in the Borough's Master Plan as a means to provide a visually attractive environment which affirms the established character of the area. There shall be an established architectural theme for the mixed-use buildings within the B-2 Zone, which includes facade treatments, signage, light poles, benches and other design elements. The following standards shall apply:
(1)
The use of materials, roofing, trim, siding, signs, window and door elements shall be consistent with the traditional architectural styles represented in the Shadyside area. All facades must be treated with the same architectural facade treatment, which shall consist of brick, finished masonry, stone, wood or a combination thereof. Additionally, facade treatments facing both Old and New River Roads shall have a "front" appearance in order to maintain a visual relationship with the two roadways.
(2)
Multitenant buildings shall provide varied facade treatments on storefronts and such elements as noted below for all ground floor tenants. Upper floors shall be coordinated with ground floors through complementary materials and colors.
(3)
A human scale of development should be achieved at grade and along street frontages through the use of such elements as windows, doors, columns, awnings and canopies. Design emphasis should be placed on primary building entrances. They should be vertical in character, particularly when there is the need to provide contrast with a long linear building footprint, and such details as pillars, columns and framing should be utilized to reinforce verticality.
(4)
Cornices, awnings, canopies, flagpoles, signage and other ornamental features should be encouraged as a means to enhance the visual environment. Such features may be permitted to project over pedestrian sidewalks, with a minimum vertical clearance of 8.5 feet, to within three feet of a curb.
(5)
A variety of building materials may be appropriate. Masonry, which works well at the base of a building, can vary in size, color and texture and enables the provision of a decorative pattern or band. Above 12 feet, it can be substituted with other complementary materials.
(6)
The use of fabric or metal canopies is to be encouraged, especially over storefronts, at entrances or over display windows.
(7)
Integration of graphic detailing into the facade is permitted.
(8)
Lighting.
(a)
The use of creative lighting schemes to highlight building facades and related areas of a site shall be encouraged.
(b)
The use of traditional-style lanterns and similar fixtures shall be required.
(c)
Exterior neon lights and lighting generating glare and unnecessary nightglow impacts shall be prohibited.
(d)
Whenever possible, light poles should be integrated into landscaped islands.
(9)
The use of street furniture (benches, tables, trash receptacles, etc.) shall be encouraged throughout a development, provided that the materials used are consistent with the overall concept of the building design. Sidewalks should have a width of at least 10 feet where active pedestrian corridors are located, and active pedestrian movements are encouraged and located along building frontages so as to tie buildings in the area together. Wider sidewalks may be designed for special places such as plazas or courts.
D.
Area and bulk regulations.
(1)
Minimum of 2,500 square feet of lot area shall be required.
(2)
Minimum lot width of 25 feet.
(3)
Minimum lot depth of 100 feet.
(4)
Minimum front yard of five feet. A maximum front yard of 10 feet.
(5)
Minimum side yard of zero feet. Where provided, a minimum of five feet.
(6)
Minimum rear yard of 10 feet.
(7)
Maximum permitted residential density is 35 units per acre. Residential uses are only permitted above the first floor level.
(8)
Maximum building height: four stories/45 feet.
§ 240-131 Supplemental regulations for R-5 Zone parcels.
[Amended 12-17-2012 by Ord. No. 1485-2012; 9-15-2014 by Ord. No. 1512-2014; 10-2-2017 by Ord. No. 1553-2017]
A.
All parcels zoned R-5 adjacent to the B-2 Shadyside District and River Road, defined as Block 91.01, Lot 1.01, and Block 92.01, Lot 1.01, are and shall be subject to the following requirements:
(1)
Distribution of uses.
(a)
Public open space. The area extending southward from Thompson Lane, for a distance of minimally 125 feet measured along Old River Road, and minimally 150 feet along River Road, shall be retained as an open space element. Such area shall be designed as a public gathering area or gazebo, incorporating landscaping and water amenities.
(b)
The area south of the public open space shall be devoted to parking. This, in conjunction with the aforementioned open space feature, will serve to ensure the retention of a viewshed to the Hudson River and New York City skyline. The parking area may consist of deck parking, provided that the maximum height of a parking deck shall be four feet above the finished grade along Old River Road.
(c)
A minimum setback of 350 feet from the southerly right-of-way line of Thompson Lane to the proposed mixed-use building.
(d)
Mixed commercial and residential use buildings shall be permitted, provided that multifamily residential units be located above the first story of any structure in which the first floor is devoted to retail and/or service commercial use.
(e)
Building setbacks to property lines and internal driveways.
[1]
All buildings shall be set back a minimum of 20 feet from Old River Road.
[2]
All buildings shall be set back a minimum of 35 feet from River Road.
[3]
The minimum setback distance between the senior citizen residence and all other buildings shall be 200 feet.
[4]
Buildings shall be set back a minimum distance of 10 feet from all internal driveways.
(2)
Maximum building length and orientation.
(a)
Buildings shall have an east/west orientation, with the longest dimension perpendicular to Old River Road and New River Road. The maximum length shall be 210 feet. All buildings exceeding a linear dimension of 100 feet shall be required to have building offsets every 50 feet, with each offset consisting in a break in the linear plan of the building of a minimum of 2 1/2 feet.
(b)
Related architectural elements which preclude a continuous uninterrupted facade building length may also be utilized to achieve a break in the linear dimension of the building walls. All building foundations shall be appropriately landscaped.
B. FLOOR AREA RATIO (FAR) GROSS FLOOR AREA(1) (2) GROSS TOTAL LOT IMPERVIOUS SURFACE LOT COVERAGE NET ACREAGE PERVIOUS COVERAGE PERVIOUS SURFACE
Definitions applicable to all R-5 zoned properties. The following definitions will be applicable to all R-5 zoned properties:
The gross floor area of buildings or structures on a lot divided by the gross total lot area.
The sum of the gross horizontal areas of all enclosed floors of a building, including cellars, basements, mezzanines, penthouses, corridors, and lobbies, from the exterior face of the exterior walls or from the center line of a common wall separating two buildings, but excluding any space with a floor-to-ceiling height of less than six feet six inches. This does not include balconies, terraces or roofs.
In determining the gross floor area, any floor space that is constructed or intended to be used solely for parking motor vehicles, loading or unloading of motor vehicles, or for refuse storage chambers, refuse storage and material recovery rooms, refuse chutes, other types of facilities provided for the separation of refuse, or for access facilities for telecommunications and broadcasting services, or occupied solely by machinery or equipment for any lift, air-conditioning or heating system or any similar service, shall be excluded from the gross floor area of a building.
The total land area of tax lot(s), including water bodies.
A surface that has a coefficient of runoff of 0.75 or greater. No more than 50% of graveled areas shall be permitted to be applied as a pervious surface.
The portion of a lot that is covered by impervious surface. A green roof on any building or garage structure that provides adequate vegetation and passive recreation use for the occupants may be counted as pervious coverage at 75% (i.e., 100 square feet of a "green" roof would count as 75 square feet of pervious ground surface).
The total land area of a tax lot, excluding water bodies.
The percentage of a lot covered by pervious surface(s).
Any surface that does not meet the definition of an "impervious surface."
D.
Affordable housing component for certain R-5 zoned properties. To advance the goals and objectives for providing affordable housing in the State of New Jersey, the following subsection provides for affordable housing units within the R-5 Zone within the Borough of Edgewater.
(1)
The following parcels, identified by block and lot, shall be zoned as indicated, and the Borough of Edgewater Zoning Map authorized by § 240-93 shall be amended as necessary in accordance therewith:
Address | Block | Lot |
|---|---|---|
115 River Road | 96 | 3.01 |
145 River Road | 95 | 1 |
225 River Road | 91 | 1** |
Notes: | |
** | Southern portion of property known as "Development Unit B," having an area of 135,959 square feet or 3.12 acres. |
(2)
Consistent with N.J.A.C. 5:9, a 15% set-aside for affordable housing units is mandatory for the residential component of any multifamily rental building, and a 20% set-aside for affordable housing units is mandatory for the residential component of any multifamily building with for-sale units.
(4)
General provisions for constructing affordable units.
(a)
Affordable housing units being constructed on site shall be in conformance with COAH's third-round rules at N.J.A.C. 5:94-1 et seq., and the Uniform Housing Affordability Controls at N.J.A.C. 5:80-26.1 et seq., including, but not limited to, requirements regarding phasing schedule, controls on affordability, low-/moderate-income split, heating source, maximum rent and/or sales price, affordability average, bedroom distribution and affirmative marketing.
(b)
To the greatest extent possible, affordable housing units being provided within inclusionary developments shall be disbursed throughout inclusionary developments and shall be located within buildings designed to be architecturally indistinguishable from the market-rate units otherwise being constructed within the development. To that end, the scale, massing, roof pitch and architectural detailing (such as the selection of exterior materials, doors, windows, etc.) of the buildings containing the affordable housing units shall be similar to and compatible with that of the market-rate units.
§ 240-131.1 Affordable Housing Overlay Zone (AHO).
[Added 11-14-2016 by Ord. No. 1537-2016]
A.
R-3 Zone residential uses.
(1)
Objective: to provide a realistic opportunity for affordable housing development.
(3)
Uses.
(a)
Permitted uses.
[1]
All uses permitted in the underlying zones.
[2]
Multifamily residential subject to the provisions of the R-3 Zone is permitted only where a minimum of 15% of the units are set aside for affordable housing.
[3]
Age-restricted multifamily residential subject to the provisions of the R-3 Zone is permitted only where a minimum of 15% of the units are set aside for affordable housing.
(4)
Bulk regulations.
B.
MXD-2 Zone residential uses.
[Added 10-2-2017 by Ord. No. 1554-2017]
(1)
Objectives.
(a)
To provide for the proper and realistic development of parcels of land toward the south end of town and to provide an opportunity for affordable housing development.
(3)
Uses.
(a)
Permitted uses.
[1]
All uses permitted in the underlying zones.
[2]
Multifamily residential subject to the provisions of the MXD-2 Zone is permitted only where a minimum of affordable 15% of the units are set-aside for affordable housing.
[3]
Age-restricted multifamily residential subject to the provisions of the MXD-2 Zone is permitted only where a minimum of affordable 15% of the units are set aside for affordable housing.
(7)
The following parcels, identified by block and lot, shall be zoned as indicated, and the Borough of Edgewater Zoning Map shall be amended as necessary in accordance therewith:
Block 89, Lot 4 |
180 Old River Road |
§ 240-131.2 Affordable Housing Zone 2 (AH-2).
[Added 8-22-2022 by Ord. No. 2022-011]
A.
Objectives: to provide a realistic opportunity for affordable housing development.
B.
Applicability.
(1)
These provisions shall apply to all properties located within Affordable Housing Zone 2 (AH -2) and are designed to amend what types of uses are permitted within the zone.
[Amended 11-21-2022 by Ord. No. 2022-016]
(2)
Affordable housing units being constructed on-site shall meet the requirements of Edgewater's Affordable Housing Ordinance[1] and shall generally be in conformance with COAH's third round rules at N.J.A.C. 5:94-1 et seq., and the Uniform Housing Affordability Controls at N.J.A.C. 5:80-26.1 et seq., including but not limited to requirements regarding phasing schedule, controls on affordability, low-/moderate-income split, heating source, maximum rent and/or sales price, affordability average, bedroom distribution and affirmative marketing.
(3)
To the greatest extent possible, affordable housing units being provided within inclusionary developments shall be disbursed throughout inclusionary developments and shall be located within buildings designed to be architecturally indistinguishable from the market-rate units otherwise being constructed within the development. To that end, the scale, massing, roof pitch and architectural detailing (such as the selection of exterior materials, doors, windows, etc.) of the buildings containing the affordable housing units shall be similar to and compatible with that of the market-rate units.
D.
Bulk regulations.
G.
Other provisions superseded. In the event of any inconsistency between the provisions of this section and any other section of Chapter 240, the provisions of this section shall prevail.
H.
Planning Board review. Upon approval of this section upon first reading by the Mayor and Council of the Borough of Edgewater, this section shall be transmitted to the Planning Board for its review and recommendation.
I.
Severability. If any provision or portion of a provision of this section is held to be unconstitutional, preempted by federal or state law, or otherwise invalid by any court of competent jurisdiction, the remaining provisions of the section shall not be invalidated and shall remain in full force and effect.
J.
Effective date. This section shall take effect immediately upon final publication as required by law.
K.
Repeal of inconsistent ordinances. All ordinances and parts of ordinances which are inconsistent with the provisions of this section are hereby repealed to the extent of such inconsistency.