Fanwood City Zoning Code

CC-W. The CC-W District serves as the western gateway into the Borough and contributes to visitors' first impressions of the Borough. The CC-W District is designed to be comfortable and attractive for pedestrians while providing for a variety of commercial, light industrial and small manufacturing enterprises to accommodate a wide range of creative, maker and innovation/start-up businesses, as well as live-work units to meet the needs of entrepreneurs, small businesses and professionals.

The purpose of the CC-C District, similar to the Downtown/Block 64 Redevelopment District, is to create a vibrant, pedestrian-oriented and mixed-use downtown in the style of a transit village with ground floors being used by convenience and specialty retail shops, personal services, and indoor and outdoor dining establishments to create an uninterrupted retail frontage to stimulate pedestrian movement and the upper stories being occupied by residential, office and other appropriate uses.

CC-E. The CC-E District is intended to create a characteristically suburban-like defining boundary to the compactly developed downtown corridor immediately to the west through larger-sized lots used for multifamily residential, senior housing, offices, and mixed-use development.

Single-family residential uses in detached single-family residential structures;

Public parks and playgrounds; and

Community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill, and community residences for persons with head injuries, as regulated in N.J.S.A. 40:55D-66.1 and 66.2.

Parking and parking facilities as regulated in Article XVIII;

Signs as regulated in Article XVII;

Home occupations as regulated in Article XV;

Family day-care homes as regulated in N.J.S.A. 40:55D-66.5b;

Antennas, as regulated in § 184-138; and

Accessory uses and structures customarily subordinated and incidental to permitted principal uses and accessory uses and structures customarily subordinate and incidental to permitted conditional uses.

Reference is made to § 184-134 as that section relates to residential accessory uses and structures.

Residential public utility facilities;

Houses of worship;

Community shelters for victims of domestic violence and community residences for persons with head injuries, either of the foregoing which house 16 persons or more, excluding resident staff;

Uses in the flood area which are also permitted principal, accessory or conditional uses in the R-150 district;

Minimum lot size. Every lot shall contain a minimum lot area of 15,000 square feet. See §§ 184-117 and 184-118 as they relate to the TAH and LGAH Zones.

Minimum lot width. There shall be a minimum lot width of 100 feet. See §§ 184-117E(1)(b) and 184-118 as they relate to the TAH and LGAH Zones.

Minimum lot frontage. There shall be a minimum lot frontage of 75 feet for all lots, except that lots which front entirely on the outer curve of a curved street shall have a minimum lot frontage of 40 feet, and further, that lots which front entirely on a cul-de-sac turnaround shall have a minimum lot frontage of 35 feet.

Minimum front yard. For interior lots, there shall be a front yard setback of not less than 30 feet, except when the provisions related to corner lots apply.

Minimum side yard. Except as provided below for corner lots, there shall be two side yards totaling 33% or more of lot width. For lots up to 75 feet in width, one side yard shall be at least 13% of lot width, with a minimum of eight feet. The other side yard shall be at least 20% of lot width, with a minimum of 10 feet. For lots greater than 75 feet in width, the side yards shall be at least 10 feet on one side and at least 15 feet on the other. See Table 1. For corner lots, the required side yard shall be regulated by § 184-126D. Notwithstanding the foregoing, patios accessory to and additions and decks attached to a principal building in existence as of the effective date of this subsection may have an eight-foot side yard setback, excluding corner lots, so long as the addition, deck or patio is erected in such a manner that its sides continue in a straight line or are a distance from the side lot line greater than the side of the principal building.

Minimum rear yard. There shall be a rear yard of at least 30 feet in depth.

Maximum building height. No principal building shall exceed the maximum of two habitable floors, exclusive of basement. Maximum height is regulated by Table 2. The height of a proposed addition may match the existing nonconforming height of the principal dwelling. Topographic information must be provided, to the satisfaction of the Borough Engineer, to determine the height of the structure for a new house or for an addition that is proposed with a taller roofline than the existing dwelling.

Maximum building coverage. No more than 20% of the area of any lot, as measured in the first 120 feet of lot depth, shall be covered by above-grade buildings and/or structures. Flood detention basins, decks and patios, as defined herein, shall not be considered as a building or structure for purposes of computing this coverage.

Maximum improvement coverage. No more than 35% of the area of any lot shall be covered by physical improvements, including but not limited to any above-grade buildings and/or structures, as well as at-grade structures, including but not limited to ingress/egress platforms, sidewalks, parking areas, patios, driveways, swimming pools, etc.; but including aboveground decks. It is the intention of this provision that each lot shall have at least 65% of its lot area without any improvements except vegetation. Flood detention basins as defined herein shall not be considered as a building, structure or improvement for purposes of computing this coverage.

Single-family residential uses in detached single-family residential structures;

Public parks and playgrounds; and

Community shelters for victims of domestic violence and community residences for persons with head injuries, any of the foregoing which houses less than 16 persons, excluding resident staff, as regulated in N.J.S.A. 40:55D-66.1 and 66.2.

Community residences for the developmentally disabled.

Parking and parking facilities as regulated in Article XVIII;

Signs as regulated in Article XVII;

Home occupations as regulated in Article XV;

Family day-care homes as regulated in N.J.S.A. 40:55D-66.5b;

Antennas, as regulated in § 184-138; and

Accessory uses and structures customarily subordinate and incidental to permitted principal uses and accessory uses and structures customarily subordinate and incidental to permitted conditional uses.

Reference is made to § 184-134 as that section relates to residential accessory uses and structures.

Residential public utility facilities;

Houses of worship;

Community shelters for victims of domestic violence and community residences for persons with head injuries, either of the foregoing which house 16 persons or more, excluding resident staff;

Uses in the floodplain which are also permitted principal, accessory or conditional uses in the R-75 Zone District.

Minimum lot size. Every lot shall contain a minimum lot area of 7500 square feet.

Minimum lot width. There shall be a minimum lot width of 75 feet. In addition, the average width of the lot shall be such that there is a minimum lot area of at least 7500 square feet.

Minimum lot frontage. There shall be a minimum lot frontage of 50 feet for all lots, except that lots which front entirely on the outer curve of a curved street shall have a minimum lot frontage of 40 feet, and further, that lots which front entirely on a cul-de-sac turnaround shall have a minimum lot frontage of 35 feet.

Minimum front yard. For interior lots, there shall be a front yard setback of not less than 30 feet, except when the provisions relating to corner lots apply.

Minimum side yard. Except as provided below for corner lots, there shall be two side yards totaling 33% or more of lot width. For lots up to 75 feet in width, one side yard shall be at least 13% of lot width, with a minimum of eight feet. The other side yard shall be at least 20% of lot width, with a minimum of 10 feet. For lots greater than 75 feet in width, the side yards shall be at least 10 feet on one side and at least 15 feet on the other. See Table 1. For corner lots, the required side yard shall be regulated by § 184-126D. Notwithstanding the foregoing, patios accessory to and additions and decks attached to a principal building in existence as of the effective date of this subsection may have an eight-foot side yard setback, excluding corner lots, so long as the addition, deck or patio is erected in such a manner that its sides continue in a straight line or are a distance from the side lot line greater than the side of the principal building.

Minimum rear yard. There shall be a rear yard of at least 25 feet in depth.

Maximum building height. No principal building shall exceed the maximum of two habitable floors, exclusive of basement. Maximum height is regulated by Table 2. The height of a proposed addition may match the existing nonconforming height of the principal dwelling. Topographic information must be provided, to the satisfaction of the Borough Engineer, to determine the height of the structure for a new house or for an addition that is proposed with a taller roofline than the existing dwelling

Maximum building coverage. The maximum percentage of area of any lot to be covered by above-grade buildings and/or structures shall be regulated by Table 3. Flood detention basins, decks and patios, as defined herein, shall not be considered as a building or structure for purposes of computing this coverage.

Maximum improvement coverage. No more than 35% of the area of any lot shall be covered by physical improvements, including but not limited to any above-grade buildings and/or structures, as well as at-grade structures, including but not limited to ingress/egress platforms, sidewalks, parking areas, patios, driveways, swimming pools, etc., but not including aboveground decks. It is the intention of this provision that each lot shall have at least 65% of its lot area without any improvements except vegetation. Flood detention basins as defined herein shall not be considered as a building, structure or improvement for purposes of computing this coverage.

Primary uses.

Secondary uses.

Twenty percent of the single-family units shall be affordable to low- and moderate-income families. One-half of the affordable units shall be affordable to low-income families, and 1/2 shall be affordable to moderate-income families. At the discretion of the governing body, and with the consent of the Council on Affordable Housing, such a requirement may be met through a combination of a developer contribution towards funding the transfer of units to another municipality pursuant to an RCA and construction of one affordable unit in either the MAH Zone or one additional affordable unit on the TAH Zone if that property is developed by the same developer as the MAH Zone, which combination shall be the equivalent of 20% of development in the MAH Zone. The developer's monetary contribution in lieu of constructing affordable housing units shall help fund the RCA. To the extent that the Borough, pursuant to the RCA, must pay money to another municipality before it receives payment from the developer, an escalation fee shall accrue on the in lieu payment. The escalation fee shall be the percent change between the average sales price of kinds of new one-family houses sold compared with that of house actually sold, as reported in Current Construction Reports: New One Family Houses Sold, issued by the United States Department of Commerce (USDOC), for the month of each payment made by the developer.

The affordable housing units constructed shall be sized and restricted by affordability as follows: Any affordable housing unit shall be three bedrooms in size and affordable to a moderate-income household.

Notwithstanding the Borough standards for streets, the following street standards shall apply:

Only a one-car garage may face the public street as part of the principal structure. Two-car garages shall be permitted only in the rear, attached to a principal structure, or as a detached accessory structure. If no enclosed garage is provided as part of the principal structure facing the street, the front yard setback of the principal structure may be reduced from 25 feet to 20 feet.

A continuous evergreen vegetative screen not consisting of trees and at least five feet in planted height, shall be provided along the westerly P.S.E. & G. property line immediately adjacent to the MAH Zone, from a point where the easterly property line of the MAH Zone meets Midway Avenue, and south 190 feet, and excluding the approximately thirty-foot entranceway of the proposed emergency access road across the P.S.E. & G. property.

All principal and accessory structures shall have peaked roofs.

Reference is made to § 184-134 as it relates to accessory uses and structures in residential zones, which section shall only be applicable so long as it does not conflict with any other provision of this § 184-116.

For one-family dwellings, two parking spaces, not less than nine feet by 20 feet in area, shall be required for each unit on the same lot as they are intended to serve. An access driveway may be considered in meeting this requirement, provided that no more than one such space shall be located within the required front yard setback and no more than two feet from the side property line. Garage spaces shall be considered in meeting this requirement. No more than one garage space shall face a public street. No parking area for a single-family home shall have more than one access driveway with a curb cut no greater than 12 feet and a width no greater than 10 feet at the property line or within the required front yard setback; except where a two car garage is permitted, the curb cut including radii shall not exceed 24 feet in width and the driveway shall not exceed 18 feet in width. The setback of a driveway to a side property line shall not exceed two feet. No access driveway shall be located within an intersection or within 25 feet thereof. Any two driveways may be located in adjacent side yards only if shown in that manner in the developers agreement related to that zone.

All off-street parking areas shall be surfaced with a dustless, durable, all-weather pavement of stone, concrete, asphalt or a similar material.

The average selling price of units in each unit size category shall not exceed a price affordable to a household earning 57.5% of median, adjusted for household size.

To ensure that units are affordable throughout the range set forth in Subsection M(1) above, the developer shall establish a range of stratified prices of sales units for the low- and moderate-income units, for each unit size. The developer shall provide, to the extent practicable, for the following distribution of sales prices for every 20 low- and moderate-income units:

Sales prices shall be considered affordable where the household purchasing the unit will not spend more than 28% of gross household income, after a 5% down payment, including the monthly principal, interest, taxes, insurance and homeowners' association fees, if any. In making these calculations, the following considerations shall govern:

Rental prices shall be considered affordable where the household renting the affordable housing unit will not spend more than 30% of gross household income for rent, including utilities. Maximum rent shall be calculated as a percentage of the regional median income adopted by the COAH that applies to the rental housing unit. The allowance for utilities shall be the personal benefit allowance for utilities as defined by HUD.

Primary uses.

Secondary uses.

Phasing. Final site plan approval of the development shall be contingent upon the development meeting the following phasing schedule:

All utilities shall be placed within a two-foot utility strip adjacent to the cartway and, where possible, shall be underground, including telephone, electric and outdoor lighting and CATV lines. The developer shall install fire hydrant(s) at locations specified by the Borough Engineer, Fire Official and Public Safety Officer, in accordance with the RSIS. Such hydrant(s) shall be provided with appropriate water pressure and otherwise be adequately maintained by the Borough.

As it relates to the townhouses which are designated for affordable housing units, the distribution of the affordable housing units shall be as follows:

Reasonable efforts to design and build each of the duplexes in such a manner as to give each of them an appearance of a single-family home from the exterior (hereinafter "single-family effort"), shall be employed, except two separate front entrances will be permissible and two garages tangent to each other will also be permissible ("exceptions"). The Borough Engineer is hereby delegated with the authority, on behalf of the Borough, to review, comment upon, accept, and/or reject all design submissions with respect to the single-family effort ("Engineer's determination"), taking into consideration the exceptions. The Borough Engineer is also delegated with the authority to determine that actual construction of the duplexes satisfies the approved design for the front and side elevations. The Borough Engineer shall make the Engineer's determination within 21 days of receipt of the elevation plans and so advise, within that time period, as to the specific modifications required to have the proposed elevations satisfy the single-family effort. Any modifications must be reasonable in scope, design and cost of construction for the purpose of achieving the single-family effort. If the determination or any subsequent review of any modification is not provided in a timely manner, then the proposed elevations shall be deemed acceptable by the Borough to satisfy the single-family effort.

The minimum setback from the rear and side property lines for unattached garages shall be four feet.

The developer shall pay to the Borough or the New Jersey Housing Mortgage Finance Agency (HMFA) directly for the costs of the Borough's contracting with Affordable Housing Management Service (AHMS), or a designated administrative agent selected by the Borough, to market and properly restrict for occupancy the four affordable dwelling units, or if applicable the three affordable dwelling units, upon written notification from the Borough that marketing will commence.

Notwithstanding the Borough standards for streets, the following street standards shall apply:

Only a one-car garage may face a county road as part of a principal structure. Two-car garages shall be permitted if facing onto a local road or if placed in the rear of the lot, either attached to the principal structure or as a detached accessory structure.

Principal structures shall be at least 15 feet apart on adjacent lots, except if otherwise shown in the developers agreement for the TAH Zone.

Accessory structures shall not be permitted in the front yard. Accessory structure setbacks shall be five feet from the rear lot line and two feet from the side lot line, except as shown in the developers agreement for the TAH Zone. Reference is made to § 184-134 as it relates to accessory uses and structures in residential zones, which section shall only be applicable so long as it does not conflict with any other provision of this § 184-117.

For one-family and townhouse dwellings, two parking spaces, not less than nine feet by 20 feet in area, shall be required for each unit on the same lot as they are intended to serve. An access driveway may be considered in meeting this requirement, provided that no more than one such space shall be located within the required front yard setback and no more than two feet from the side property line. Garage spaces shall be considered in meeting this requirement. No more than two garage spaces may face a local street but not a county road. No parking area for a single-family home shall have more than one access driveway with a curb cut no greater than 12 feet and a width no greater than 10 feet at the property line or within the required front yard setback; except where a two car garage is permitted, the curb cut including radii shall not exceed 24 feet in width and the driveway shall not exceed 18 feet in width. The setback of a driveway to a side property line shall not exceed two feet. No access driveway shall be located within an intersection or within 25 feet thereof Any two driveways may be located in adjacent side yards only if shown in that manner in the developers agreement related to that zone.

All principal and accessory structures shall have peaked roofs.

Where a two-car garage faces onto a local road, the curb cut including radii shall not exceed 24 feet in width and the driveway shall not exceed 18 feet in width. In all other instances, the maximum curb cut shall be 12 feet and the maximum width of a driveway in the front or side yard shall be 10 feet. The setback of a driveway to a side property line shall be two feet. Any two driveways may be located in adjacent side yards only if shown in that manner in the developers agreement for the TAH Zone.

A fifteen-foot wide drainage easement shall be provided along the southerly property line of the TAH Zone, running through the back yards of Lots 10, 11, and 12 as identified in the developers agreement for the TAH Zone. Said easement may then run, either through the rear of Lot 13 and the side of Lots 15.01 and 15.02 to the county road, or through Lots 13, 14.01 and 14.02, and/or 15.01 and 15.02 to the local street.

All standards for setbacks, location of building, off-street parking spaces and driveways shall be in accordance with the Borough Code, except as set forth in this section or as otherwise shown in the developers agreement for the TAH Zone.

The following minimums shall apply:

The following maximums shall apply:

The three duplexes, containing six townhouse units, shall be zero lot line units as to the common walls with the other townhouse in the same duplex and the lots shall be sized as shown in the developers agreement for the TAH Zone.

Primary uses.

Secondary uses.

Storage building, outdoor storage or the outdoor storage of commercial vehicles, boats or recreational vehicles.

Animal shelters or enclosures for pets.

Decks or patios, except that front entry porches adjacent to enclosed garages shall be permitted.

Swimming pools, either aboveground or in-ground.

Residential professional offices or home occupations.

Any use or structure other than those uses or structures permitted in Subsection A above are prohibited.

Twenty percent of the townhouse units shall be affordable to low- and moderate-income families, and no less than 50% of the townhouse units shall be no less than two bedrooms in size. One-half of the affordable units shall be affordable to low-income families, and 1/2 shall be affordable to moderate-income families. At the discretion of the Mayor and Borough Council, and with the consent of the Council on Affordable Housing, such a requirement may be met through a contribution towards funding the transfer of units to another municipality pursuant to a regional contribution agreement, in lieu of providing the units on site.

Adjacent structures shall be varied with respect to building lines, roof lines, architectural detail regarding treatment and design of entrance to the unit, facade setbacks and window placement. However, architectural design, including the type and color of facade materials, shall be consistent throughout.

All roofs for both principal and accessory structures shall have a roof pitch of at least one in two and no more than one in one.

Any room on the second story or half story above the second story which is not a bathroom or a utility room containing a washer, dryer, utility tub, water heater, heating unit and/or HVAC unit, and which exceeds 60 square feet in size, shall be counted as a bedroom. No unit shall contain more than three bedrooms. Finished attic space accessible by stairs shall count as bedroom space.

All unpaved surfaces of the property shall be landscaped with a combination of lawn, shrubs and trees. A continuous buffer of evergreen trees or shrubs whose planting height shall be at least six feet shall be provided along the boundary line where the adjacent use is an apartment or townhouse use. Such trees or shrubs shall be planted 12 feet on center. A buffer of a combination of berms, trees and/or shrubs shall be provided in the yard adjacent of LaGrande Avenue. In addition to the buffer areas, at least two trees with a minimum caliper of 2 1/2 inches and six feet in height shall be planted for every unit, elsewhere on the property. None of the plantings, however, shall be located within utility easements or disturb sight lines for ingress to or egress from the property.

A sidewalk along public streets may be provided, but not within the property. However, walkways shall be provided for pedestrian access and movement within the property.

Adequate artificial lighting shall be provided in all driveway, off-street parking and pedestrian walkway areas. Fixtures shall be arrayed so that the direct source of light is not visible to any adjacent residential property.

All utilities, where possible, shall be underground, including telephone, electric and outdoor lighting and CATV lines. The developer shall install fire hydrant(s) at locations specified by the Borough Engineer, Fire Official and Public Safety Officer. Such hydrant(s) shall be provided with appropriate water pressure and otherwise be adequately maintained by the Borough.

Adequate provision shall be made for the orderly collection and disposal of trash, solid waste and recyclables in accordance with the law.

The regulations for affordable housing controls set forth in Chapter 105, Affordable Housing, shall apply.

Reference is made to § 184-134 as it relates to accessory uses and structures in residential zones, which section shall only be applicable so long as it does not conflict with any other provision of this § 184-118.

Two off-street parking spaces not less than nine feet by 18 feet shall be required for one-bedroom units, and 2 1/2 spaces shall be provided for two- or more bedroom units. Such spaces shall not be located within the required front yard setback and shall be set back at least 15 feet from side or rear property lines. A driveway of no less than 18 feet and no more than 24 feet in width shall be provided for access to off-street parking areas. A turnaround at the end of the driveway shall be provided. The turnaround shall be signed and striped to prohibit off-street parking and loading.

The following minimum requirements shall apply:

Setback of driveways and parking areas to:

The following maximum requirements shall apply:

Building requirements:

Commercial Corridor Western (CC-W). The CC-W District serves as the western gateway into Fanwood Borough and contributes to the visitors' first impressions of the Borough. Commercial uses, such as office, restaurant, grocery, and personal service establishments, mix with artisan, light industrial, and small manufacturing enterprises. The district can accommodate a wide range of creative, maker and innovation/start-up businesses, as well as live-work units to meet the needs of entrepreneurs, small businesses and professionals. Businesses in the CC-W have a regional draw and are important to the Borough's business economy. Building form, quality of architecture, and attention to site design are of greater importance to the appearance of the corridor than the uses taking place within building confines. Buildings are set back from the street to create a sense of openness and feature an attractively landscaped, green edge along South Avenue. Deeper lots are able to effectively accommodate vehicle parking in the rear yard, which is screened from South Avenue by attractive buildings, walls and landscaping. To that extent, the vacation of Old South Avenue is desirable to create lots of adequate depth and area, and to continue the street wall along South Avenue. The CC-W District should be comfortable and attractive for pedestrians. Special attention should be paid to the landscaping, signage, landmarks, and streetscaping where South Avenue intersects with Terrill Road to create a welcoming western gateway to Fanwood.

Commercial Corridor Central (CC-C). The purpose of the CC-C District, similar to the downtown/Block 64 Redevelopment District, is to create a vibrant, pedestrian-oriented and mixed-use downtown in the style of a transit village. The CC-C District and the adjacent Block 64 Redevelopment Area are the heart of downtown Fanwood. Within the ground floor spaces, there are convenience and specialty retail shops, personal services, and indoor and outdoor dining establishments that create an uninterrupted retail frontage to stimulate pedestrian movement. Residential, office and other appropriate uses occupy the upper stories. Window shopping and the programmed use of public spaces lead to lively street activity. Uses which are automobile-oriented, have low customer turnover, or create gaps in the retail frontage are not permitted. The CC-C District accommodates a wide range of visitors, including tourists that have come to shop, dine and spend time downtown; commuters taking advantage of downtown amenities to and from Fanwood Station; and the year-round resident and employee patrons of downtown Fanwood.

Commercial Corridor Eastern (CC-E). The CC-E District forms the easterly gateway to downtown Fanwood. Stand-alone buildings are set back further from the street to create a green edge along South Avenue. The characteristically suburban feel creates a defining boundary to the compactly developed downtown corridor immediately to the west. The larger-sized lots accommodate uses such as multifamily residential, senior housing, offices, and mixed-use development. Building architecture in the CC-E District reflects a residential character.

General provisions. The following general provisions apply to uses outlined in this section:

Permitted uses. Permitted uses are noted in the table below with an "X."

Conditional uses. Conditional uses are noted in the table below with a "C." See Article XIX, Conditional Uses.

Prohibited uses.

General requirements.

CC-W District requirements.

CC-C District requirements.

CC-E District requirements.

Architectural style.

Building orientation.

General articulation. Articulation of the facade is necessary to avoid monotonous buildings, including horizontal and vertical projections and recessions, ornamentation and other design elements to make it visually stimulating.

Vertical projections. Vertical building wall offsets, including both projections and recesses, shall be provided along any building wall measuring greater than 20 feet in width to provide architectural interest and variety to the massing of a building. The minimum projection or depth of any vertical offset shall not be less than six inches. Vertical offsets can include columns, piers, pilasters, projecting bays, and changes in facade material.

Horizontal projections. Facades should be articulated with horizontal divisions to differentiate the building's base, cap and wall. Horizontal offsets may also include awnings, string course, horizontal break bands, frieze board, cornice, roof lines, window sills, balconies, or other architectural ornamentation.

Building variation. Along a street frontage, buildings shall vary in terms of their footprint, architectural elevations, roof heights, roof orientations, and front entrance locations to create architectural variety.

Alignment of features. The alignment and repetition of certain facade elements from one building to the next creates visual continuity, while affording architectural variety. Where practical, consideration shall be given to aligning horizontal elements with adjacent buildings, including top and bottom height of first floor display windows, storefront windows, building kickplate, window heights, sign band, parapet and cornice line, window sills on upper floors.

Infill projects. Proposed infill projects should complement and strengthen the surrounding neighborhood and reinforce desirable community design patterns and the architectural features in these standards.

Materials.

Colors. Building facades, inclusive of all accent elements and signs, shall be limited to a maximum of four colors. Treating the surface wall and trim with different, but coordinated, colors is recommended. Where Victorian architecture is employed, the structure shall have a subtle color, and a contrasting color shall be used for the building's accents.

Building lighting. Light fixtures attached to the exterior of a building are encouraged and should be architecturally compatible with the style, material, and colors of the building. The use of creative lighting to highlight building facades are encouraged. For retail stores, storefronts should be illuminated to highlight merchandise in the display window. Low-pressure sodium or mercury lighting is prohibited.

Windows and transparency.

Building entrances.

Awnings and canopies. Awnings are encouraged to provide shade, relief from rain, and to enhance a building's facade.

Balconies. Balconies shall be a minimum of six feet deep and five feet wide to create a functional outdoor space for upper story uses. A maximum of 40% of the front and corner side facades of the building above the first floor, as calculated separately, may be covered by balconies.

Roofs and building height.

Sidewalk zones. Sidewalks shall be comprised of the following zones.

Sidewalk widths. Sidewalks shall be a minimum of eight feet wide along South Avenue within the CC-C District and a minimum of five feet within the CC-W and CC-E Districts. Increased sidewalk widths may be appropriate in highly trafficked areas.

Paving.

Street trees. Street trees shall be provided in accordance with § 184-100 and with these provisions. Where tree lawns do not exist, tree grates or pavers are recommended to protect street tree roots and pedestrians.

Street tree spacing. Spacing of street trees shall be based on recognized planting guidelines for the selected species type. Generally, large, maturing trees shall be planted a minimum of 40 feet and a maximum of 50 feet on center. Small and medium maturing trees shall be planted a minimum of 10 feet and a maximum of 30 feet on center.

Amenities. Streetscape amenities such as patio and seating areas, outdoor cafes, water features, artwork or sculpture, clock towers, pedestrian plazas, sandwich board signs, or other features are highly encouraged. In addition to benches, the provision of low walls, planters, and stairs is encouraged to provide outdoor seating. Merchandise for sale may be displayed outdoors, where items do not block the pedestrian clear area.

Driveways. Vehicular entrances to parking lots shall be kept to a minimum along South Avenue and Martine Avenue. One driveway per lot is permitted. Driveway access from a side or secondary street is preferred. Shared driveways are encouraged. On corner lots, vehicle access should not be from South Avenue or Martine Avenue, where feasible.

Curbs. Curbs along public rights-of-way shall be poured-in-place concrete or other masonry material such as Belgian block. Curbs for off-street parking areas shall be Belgian block.

Parking design. Parking lots shall be designed to have a positive visual impact with generous landscaping, sizable trees, decorative walls, raised walkways, changes in paving materials, pedestrian-scale lighting, and other features. Parking that requires vehicles to back out onto a public right-of-way is prohibited.

Screening. Surface parking lots must be fully screened from the front property line by building frontages. Where there are gaps between buildings, or where parking facilities are visible from a right-of-way, ornamental fencing, decorative walls or landscaped hedges at least three feet high shall continue the street wall.

Parking lot plantings.

Structured parking. Structured parking and underground parking are permitted in the CC districts and is particularly encouraged in the CC-C District to better utilize land that is close to the transit station and downtown. Structured parking shall be screened from view of any street by wrapping the ground floor with retail and other street-facing uses.

Drive-through establishments. Drive-through facilities are not permitted, except for banks in the CC-E District. Drive-through facilities must be located to the rear of the building and be screened with planting and/or architectural walls to minimize their visibility.

Loading requirements. Loading areas shall be placed to the rear or side of buildings and, to the extent possible, shall not be visible from a public street. Loading areas shall be designed so that trucks can circulate on site and do not back out onto a public street. Screening and landscaping shall be provided to minimize their visibility and shall be achieved through walls, fences and landscaping that is a minimum of five feet tall.

Required parking.

Pedestrian circulation. Pedestrian walkways and entryways shall be provided for all uses. They shall be prominent, well-lit and separate from vehicular entrances.

These landscaping requirements shall supplement § 108-104 of the Borough's Land Use Code.

All unpaved areas, open spaces and plazas shall be attractively planted and landscaped with lawns, trees and shrubs.

Plants in boxed, clay, wood, or other decorative containers are encouraged to enhance walkways and building entrances.

Planting boxes on window sills or hanging plants are encouraged.

The use of vines and climbing plants on buildings, trellises and perimeter walls is encouraged, particularly on industrial buildings to improve their appearance from the street.

Plantings in the front yard or right-of-way shall not obscure architectural building details and shall respect views to and from streets, porches, walks and public open spaces.

Loading areas shall be sufficiently landscaped to screen the view of the loading area and vehicles from any public right-of-way and residential property.

Containers and compactors for trash and recycling shall be attractively and compatibly designed and fully enclosed or screened by permanent materials and shall be secured and accessible.

Fences and walls shall be provided in accordance with § 184-108 of the Land Use Code and with these provisions.

Fencing may be steel, wrought-iron, or any other fence type approved by the Planning Board. Chain-link fence is not permitted. Wood walls or fences are not permitted along South Avenue.

No wall or fence may extend continuously for more than 50 feet without articulation. Articulation may include decorative columns, changes in material or texture, offsets (projections and recessions), landscape pockets, or similar features.

These sign requirements shall supplement Article XVII of the Borough's Land Use Code. Where there is a conflict between these requirements and Article XVII, these requirements shall prevail.

Signs should be clear, informative and weather well.

Wall signs.

Sandwich board signs. Portable sandwich board signs are permitted in accordance with § 184-157D.

Freestanding signs. Low-mounted freestanding, hanging post or monument-style signs are only permitted in the CC-W and CC-E Districts. The maximum surface area for each side of a freestanding sign is 25 square feet, and the maximum height above grade is five feet. A freestanding sign must be set back at least 10 feet from the front property line and 20 feet from any other property line. Internal illumination is prohibited.

A minimum of 15% of residential rental units and 20% of for-sale residential units must be affordable units.

At least 50% of the affordable units shall be low-income units; if only one affordable unit is created in a project, the unit shall be a low-income unit.

The units designated as low- or moderate-income units may be rented or sold only to low- or moderate-income households at the time of the initial occupancy.

All applicable bulk requirements for development shall be met, including relevant coverage standards and parking.

Building height shall be limited to three stories in the CC-W and CC-E Districts. Building height shall be limited to 3.5 stories in the CC-C District.

The ground floor of the building shall contain only nonresidential uses in the CC-C District.

The units must be affirmatively marketed to the housing region in accordance with the Borough's Affirmative Marketing Plan.

Affordability controls shall be maintained for a minimum of 30 years.

Rental increases shall be in accordance with percentages approved by COAH or other applicable affordable housing authority.

All affordable units shall be subject to the provisions of the Borough's Affordable Housing Ordinance.[1]

Business establishments devoted primarily to the retail sales of goods and personal services on the premises, including restaurants and food establishments intended for food consumption on the premises or for takeout of food;

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;

Business, administrative and professional offices, or other business establishments providing the following services:

Museums, art galleries and indoor motion picture theaters, and theaters for conducting live entertainment or cultural performances;

Child-care centers;

Municipal parking facilities;

Wholesale commercial establishments;

Dry cleaner;

Fine arts schools.

The following accessory uses and structures shall be permitted in the GC Zone District:

Reference is made to § 184-135 as it relates to accessory uses and structures in nonresidential zones.

Public utility facilities;

Nonprofit chartered membership organizations;

Gasoline filling stations and gasoline service stations which may contain repair facilities; and

Automotive service shops, and automotive repair shops including automobile body shops.

Any use within the flood area which is also a permitted use with the zone district for that location.

Private commercial parking lots as a principal use.

Sexually oriented businesses as defined by N.J.S.A. 2C:34-6 and as restricted by Section D hereafter.

Apartments located on the second floor.

Manufacturing, assembly or fabrication of goods or merchandise;

Public or private schools;

Any building, structure or use involving the sale of food or beverages to be served or consumed on the premises, but outside the confines of the building except in accordance with Chapter 259, Streets and Sidewalks, Article VIII, Sidewalk Cafes of the Borough Code;

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 provided in § 184-139. Underground or basement storage of kerosene and No. 2 heating fuel used exclusively for heating purposes on the premises are exempted from the above prohibition. Notwithstanding the above prohibition, aboveground bulk storage of the following materials is permitted at public garages and gasoline service stations, if the use of such materials is accessory to the principal use on the site:

Any building, structure or use which would create a undue hazard of fire, explosives 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;

Used car sales, unless such sales are accessory to the sale of new cars sold within the confines of a building;

Any business conducted outside the confines of a building, except those temporary activities permitted by special permission from the governing body;

Sexually oriented businesses, as that term is defined by N.J.S.A. 2C:34-6, which are within 1,000 feet of any existing sexually oriented business, or any residence, church, synagogue, temple or other place of public worship, or any elementary or secondary school or any municipal or county playground or place of public resort and recreation, or any hospital or any child-care center;

Nail salons.

Maximum building height. No principal building shall exceed the maximum of three habitable floors, exclusive of basement, or 40 feet in height, whichever is less.

Minimum lot area. Every lot shall contain a minimum lot area of 10,000 square feet.

Minimum front yard. There shall be a front yard of not less than 15 feet in depth.

Minimum side yard. There shall be at least one side yard not less than 10 feet in width. Notwithstanding the above requirement, when the side yard in the GC Zone District abuts a property in any residential zone said side yard shall be not less than one foot in depth for every two feet of height of the building located in the GC Zone district, but not less than 10 feet. Within this required side yard, there shall be a buffer at least 10 feet deep, within which plant material and/or a fence shall be installed, as required by the Board, to adequately protect the abutting residentially owned property.

Minimum rear yard. There shall be a rear yard of a t least one foot in depth for every two feet of height of the principal building on the lot which is the subject of the application, but not less than 10 feet. Within this required rear yard, there shall be a buffer at least 10 feet in depth, within which plant material and/or a fence shall be installed, as required by the Board, to adequately protect the abutting residential zone.

Maximum building coverage. No more than 40% of the area of any lot shall be covered by above-grade buildings and/or structures. Flood detention basins as defined herein shall not be considered as a building or structure for purposes of computing this coverage.

Maximum improvement coverage. No more than 90% of the area of any lot shall be covered by physical improvements, including but not limited to any above-grade buildings and/or structures, as well as at-grade structures, including but not limited to parking and loading areas, sidewalks, driveways, storage areas, etc. It is the intention of this provision that each lot shall have at least 10% of its lot area without any improvements except vegetation. Flood detention basins as defined herein shall not be considered as a building structure or improvement for purposes of computing this coverage.

Front yard landscaping. Within the front yard area, there shall be no buildings or paving permitted except for driveways and sidewalks which are necessary to provide access to buildings and access to parking and delivery areas. All areas in the front yard not used for access shall be landscaped, except for any accessory structures permitted by this chapter.