Fort Lee City Zoning Code
ARTICLE IX
Supplemental Regulations Governing Certain Uses
§ 410-34 Planned development groups.
Under the standard provisions of this chapter, separate ground area, referred to in the chapter as a zone "lot," must be designated, provided and continuously maintained for each structure or use. Pursuant to the procedure hereinafter set forth, two or more such structures may be erected and maintained on the same zone lot. Also, several zone lots may be combined into one special plan governing a planned development group. The procedure is intended to permit diversification in the location of structures and to improve circulation facilities and other site qualities while ensuring adequate standards relating to public health, safety, welfare and convenience in the use and occupancy of buildings and facilities in planned groups.
A.
Standards for reviewing planned development groups. In reviewing all applications for planned development groups, the Planning Board shall consider a general development plan of the proposed project. The development plan shall show the proposed use or uses, dimensions and locations or proposed structures and areas to be reserved for vehicular and pedestrian circulation, parking, public uses such as schools and recreation areas, landscaping and other open spaces. The Planning Board shall review architectural drawings and sketches demonstrating the design and character of the proposed uses and the physical relationship of the uses and such other pertinent information as may be necessary to a determination that the contemplated arrangement is in accordance with all Borough codes and ordinances as well as other governmental requirements.
B.
Commercial and industrial planned development groups.
(1)
Spacing and orientation of commercial and manufacturing building groups. Spacing between buildings and orientation in commercial and industrial building groups shall be as follows:
(2)
Circulation and parking.
(a)
There shall be an adequate, safe and convenient arrangement of pedestrian circulation facilities, roadways, driveways, off-street parking and loading space.
(b)
There shall be an adequate amount, in a suitable location, of pedestrian walks, malls and landscaped spaces to separate pedestrians from parking and loading places and general vehicular circulation areas.
(c)
Buildings, vehicular circulation and open spaces shall be arranged so that pedestrians moving between buildings are not unnecessarily exposed to vehicular traffic.
(d)
All underground or decked parking facilities shall be accessible to emergency vehicle service in accordance with standards promulgated by the Fire Department and Building Code.
(3)
Paving and drainage. There shall be adequate design of grades, paving, curbing, drainage and treatment of turf to handle stormwaters and to prevent erosion and formation of dust.
(4)
Signs and lighting. Signs and lighting devices shall be properly arranged with respect to traffic control devices and adjacent residential districts.
(5)
Water supply and sanitary sewerage facilities. All applications for a planned development group shall have adequate water supply and sanitary sewerage facilities available at the site, as certified by the Borough Engineer, before a certificate of occupancy will be granted to a planned development group.
C.
Planned multiple-family development groups.
(1)
Maximum length of buildings. The maximum horizon prolongation of any building or group of attached buildings shall not exceed 500 feet. A building or group of buildings shall not be so arranged as to be inaccessible by emergency vehicles.
(2)
Distance between buildings. Distance between buildings shall be in accordance with Schedules VI-1 and VI-2 herein.
(3)
Courts. Where a court is provided for the purpose of furnishing light and air to rooms fronting such court, the minimum distance between opposing walls shall be 40 feet or a distance equal to 1/2 the height of the tallest structure, whichever is greater.
(4)
Recreation space. There shall be provided on the site of such development an area or areas devoted to the joint recreational use of the residents thereof. Such recreation space shall total in the aggregate a minimum of 10% of the zone lot area. Such recreation space shall be at least 40 feet in its least dimension and shall contain no less than 4,000 square feet in the area. At least 1/2 of such recreational space shall be designed for active recreational use.
(5)
Other provisions. Other provisions, as specified in this chapter or as required in the site plan review ordinance shall be adhered to.
(6)
Any townhouse development which is contiguous to and within a maximum distance of 200 feet from an R-8A Zone shall be subject to the same subdivision standards and regulations as applicable to townhouse uses in a planned development group in the R-8A Zone.
(7)
Within the R-8A Zone District, a minimum right-of-way of 20 feet, exclusive of any parking areas, shall be permitted for a planned residential development group, consisting of uses permitted in the zone district. Said twenty-foot minimum right-of-way shall be fully paved and shall contain curbs. All required setback requirements shall be measured from the pavement edge.
Schedule VI-1 Minimum Distance Between Buildings Where the Building Wall Contains 25% or More of the Required Windowed Living Room* Areas | ||||
|---|---|---|---|---|
The minimum required distance between buildings in a planned development group shall be equal to 50% of the height of the taller building or structure or as defined by the following formula, whichever is greater: | ||||
D | = | 20 + 2 (S1 + S2) 2 L1/15 + L2/15 | ||
Where: | ||||
D | = | The required minimum horizontal distance between opposing walls on two separate buildings. | ||
S1 | = | The height in stories of building one. | ||
S2 | = | The height in stories of building two. | ||
L1 | = | The length in feet or the horizontal prolongation of building one or a portion thereof perpendicular to building two. | ||
L2 | = | The length in feet or the horizontal prolongation of building two or a portion thereof perpendicular to building one. | ||
NOTES: *A required window is one which provides all or part of the required natural light and ventilation in the room or space in which it is located. | ||||
Schedule VI-2 Minimum Distance Between Buildings Where the Building Wall Contains Less than 25% of the Required Windowed Living Room* Areas | ||||
|---|---|---|---|---|
The minimum required distance between buildings in a planned development group shall be equal to 33% of the height of the taller building or structure or as defined by the following formula, whichever is greater: | ||||
D | = | 10 + (S1 + S2) + L1/15 + L2/15 | ||
Where: | ||||
D | = | The required minimum horizontal distance between opposing walls on two separate buildings. | ||
S1 | = | The height in stories of building one. | ||
S2 | = | The height in stories of building two. | ||
L1 | = | The length, in feet or the horizontal prolongation of building one or a portion thereof perpendicular to building two. | ||
L2 | = | The length, in feet or the horizontal prolongation of building two or a portion thereof perpendicular to building one. | ||
NOTES: * A required window is one which provides all or part of the required natural light and ventilation in the room or space in which it is located. | ||||
D.
Planned commercial development.
(1)
Planned commercial development shall be permitted in the C-6 Zone District, provided a minimum lot area of six acres or more is provided.
(2)
The provisions of § 410-35A(5) and (7) shall also be applicable to planned commercial development in the C-6 Zone, except for the following:
(a)
The net retail store and shop space excluding any hotel in a planned commercial development shall be limited to an aggregate 40,000 square feet.
(b)
No single retail unit shall exceed 2,500 square feet in area.
(c)
Access to any retail uses in an office building, hotel and retail mall shall not limit access from the interior of the building.
(d)
Retail space in any office building shall not exceed 6,000 square feet.
E.
Mid-rise apartment planned development group.
(1)
Mid-rise apartment planned development group apartments shall be permitted as a conditional use in the C-3 Zone, subject to the provisions set forth below:
(a)
Minimum lot area: 435,600 square feet (10 acres).
(b)
Minimum lot area per family: 1,600 square feet (27 d.u./acre).
(c)
Minimum lot frontage on a public or a private roadway: 1,000 feet.
(d)
Minimum landscaped buffer adjacent to single-family residential zone: 50 feet.
(e)
Minimum yard setbacks to principal building: 50 feet.
(f)
Accessory buildings:
[1]
Rear/side: yard setbacks: six feet.
[2]
Front yard setback (feet): see § 410-28F(1).
(g)
Minimum perimeter property dimension adjoining a residential zone (percentage of perimeter dimension): 50%.
(h)
Minimum landscaping at grade (percentage of site): 30%.
(i)
Maximum lot coverage (percentage): 25%.
(j)
Maximum improved coverage (percentage): 70%.
(k)
Maximum building height (stories/feet): five/60.
(2)
As part of the site plan application, an environmental impact statement shall be submitted, in a format acceptable to and provided by the Planning Board, evaluating the environmental impacts of the project and which shall include, but not necessarily be limited to, an assessment of the projected project impacts on area traffic, drainage/water quality, sanitary sewage, open space and municipal/fiscal impacts.
§ 410-35 Supplemental controls for certain permitted use.
A.
Accessory uses.
(1)
Accessory structures in residential zones. Accessory structures which are not attached to a principal structure, may be erected in one of the side yards or within the rear yard except on the street side of a corner lot, provided that:
(b)
A private garage or other accessory building or both, occupying in combination not more than 30% of the required minimum area of the rear yard, may be placed no closer than 1/2 the height of the accessory building or structure or four feet, whichever is greater, from any lot line, except as provided herein.
(c)
No accessory building is located closer than 10 feet to a principal building or six feet from any other accessory building on the lot.
(d)
No portion of an accessory structure shall be used for living quarters.
(e)
When an accessory structure is attached to a principal building, it shall comply in all respects with the requirements of this chapter applicable to the principal building, except underground parking facilities and the computation of the height and location of garage structures attached to apartment buildings which shall be computed as provided in Subsection A(1)(g).
(g)
In computing the height of a garage structure, that is attached to a principal building for apartment buildings, office and commercial buildings and hotels, the height of the garage structure shall be measured as the vertical distance, measured from the main level around the garage structure that is out-of-ground to the highest point of the roof of the garage structure. These portions of this chapter that establish a yard setback based upon the height of the building, the computation for garage structures shall be measured to the highest portion of the garage and not the principal building as it applies to the garage setback. If the garage contains a variable or wedding-cake series of decks, then the setback measurement shall be taken to each respective wall or walls from which the setback is being established.
(2)
Swimming pools as accessory structures in residential zones. Except for portable swimming pools less than two feet in height and less than 10 feet in length or diameter, the following regulations shall apply to permanent and portable swimming pools accessory to a residential use:
(a)
Said use may be erected on the same zone lot as the principal structure.
(b)
Said use may be erected in the side and/or rear yard of such structure and shall occupy no more than 50% of any rear yard and shall be located no closer than six feet to any side or rear lot line.
(c)
Said use shall be appropriately screened and fenced so as not to be an attractive nuisance or adversely affect adjoining properties.
(d)
Said use shall meet all applicable codes and ordinances of the Borough or other county or state agency.
(3)
Professional offices as accessory uses in residential zones.
(a)
Professional offices as accessory uses in R-1, R-1A, R-2, R-2A, R-3, R-3A and R-4 Zones are prohibited.
(4)
Accessory structures in other districts. An accessory structure, including a garage facility, may be erected on the same zone lot as the principal building thereon and may project into the yards required for said principal building; subject, however, to the following provisions:
(a)
Where said accessory structure faces upon one or more streets, said structure shall be set back from the curb line of each street a minimum distance of 35 feet or 3/4 the height of said structure, whichever is greater.
(b)
Where said accessory structure is located in the rear yard of the principal building, in a C-1, C-2, C-3 or C-4 Zone, said structure shall be set back a minimum distance of 15 feet or 1/3 the height of said structure, whichever is greater, from the rear lot line. When the rear lot line abuts a residential zone, said accessory structure shall be set back a minimum distance of 15 feet or 1/2 the building height, whichever is greater, from said rear lot line.
(c)
Except as provided in Subsection A(4)(a) hereof, where said accessory building is constructed in a C-1, C-2, C-3 or C-4 Zone, said structure may extend to the side lot line; provided, however, that if said structure exceeds 30 feet in height or if the side lot line abuts a residential zone, then said structure shall be set back a distance of 15 feet or 1/2 the height of said structure, whichever is greater, from said side lot line.
(d)
In the C-5 or I-1 Zone, no accessory structure shall be located closer to any side or rear yard than is permitted for a principal building in said zones.
(e)
Any accessory structure detached from the principal building in a nonresidential zone shall be located not less than 10 feet or a distance equal to the height of the taller building or structure, whichever is greater from the side or rear of the principal building.
(f)
No portion of an accessory structure in any nonresidential district shall be used for living quarters, except as may be provided for caretaker or security guards.
(g)
In any nonresidential zone, no parking garage facility, whether or not wholly contained within a principal building or structure, shall exceed 25 feet in height, including parapet walls, unless said garage structure is minimally set back 1/2 of the height of the garage structure from any property line measured at the highest point of the structure and as provided in § 410-37 herein.
(5)
Office and commercial uses in apartment buildings.
(a)
Professional offices shall be permitted in apartment buildings in the R-5, R-6, R-7, R-8, R-9, R-10 and R-11 and PUD Zones, provided said office space is located on the ground floor and access to same is limited from within the building or structure.
(b)
Commercial services such as laundry facilities, valet service and convenience vending facilities, which are designed for the exclusive use of the residents therein, shall be permitted. Laundry facilities may be located in any part of the building. All other commercial services shall be located in the basement and must be entirely contained within the building. Such space shall have no exterior signs or other appurtenances of any kind whatsoever which would tend to attract nonresidents to such facilities to display wares or any form of advertising on the exterior of the apartment building or any window areas exposed to the outside of the apartment building.
(6)
Accessory retail sales in office buildings in the C-3 Zone.
(a)
The following accessory retail and service uses shall be permitted within office buildings in the C-3 Zone, provided that they are located only on the first floor:
(7)
Accessory retail sales in hotels in the PCR-1, C-1 and C-3 Zones.
(a)
The following accessory retail and service uses shall be permitted within hotels in the PCR-1, C-1 and C-3 Zones:
[1]
Banks.
[2]
Barber and beauty shops.
[3]
Book and stationery stores.
[4]
Confectionery and tobacco sales.
[5]
Dry-cleaning establishments.
[6]
Restaurants, eating and drinking establishments.
[7]
Financial institutions and services.
[8]
Florist shops.
[9]
Travel agencies and automobile rental services.
[10]
Men's and women's clothing establishments and specialty sales, provided each such establishment shall not exceed 800 square feet of gross floor area.
(b)
All of the permitted accessory uses identified in Subsection A(7)(a) must be entirely contained within the hotel building. Direct access to any one or more accessory uses from the outside shall be prohibited in a C-3 Zone. Such space shall have no exterior signs or other appurtenances of any kind whatsoever.
B.
Amusement places and places of assembly.
(1)
Such uses shall be conducted entirely within an enclosed structure.
(2)
There shall be no offensive noise or vibration.
(3)
No bowling alley, roller skating rink, movie theater or similar place of amusement shall be maintained or operated within 600 feet of an entrance or exit of a public or private school, public library, church, hospital, children's or old people's home or other similar public or semi public institutions.
C.
Churches and other places of worship. Churches, synagogues and other places of worship shall be governed by the following regulations:
(1)
Area, bulk and yard regulations.
(2)
Accredited church operated schools. Where a church maintains a school accredited by the State of New Jersey for nursery, elementary or high school grades, the church facility, in addition to the minimum lot area requirements for said church, synagogue or other place of worship, shall also provide a minimum lot area as approved by the New Jersey State Department of Education.
D.
Commercial and industrial uses in general.
(1)
Abutting residential zones. Any commercial or industrial use when abutting or adjacent to a residential district, shall be effectively screened in accordance with the provisions of § 410-32 herein.
(2)
Third and Fifth Streets. Any lot or parcel fronting upon the easterly side of Third Street or the westerly side of Fifth Street, within the Tax Blocks 316, 317, 338, 339, 340, 341, 342 and 343, shall not be permitted to construct any commercial use unless access to same shall be from Lemoine Avenue. In the event that one or more parcels cannot be developed for commercial purposes under these provisions, the provisions of the R-5 Zone shall pertain.
E.
Hotels, motels, motor inns and motor hotels in the PCR-1, C-1 and C-3 Zones. In addition to the use, area, bulk and yard requirements for hotels as provided in Schedules IV-1 and IV-2[2] herein, the following additional requirements shall apply to hotels, motels, motor inns and motor hotels in the PCR-1, C-1 and C-3 Zones:
(1)
Minimal habitable room area. Such uses shall have a minimum area for each unit of occupancy of 150 square feet and shall include a minimum of one bedroom and a shower or bath, a sink and a toilet.
(2)
Occupancy. No unit of accommodation designated as a hotel, motel, motor inn or motor hotel shall contain any permanent housekeeping facilities except that one unit may be so used by the owner or agent of the premises.
(4)
Every hotel, motel, motor inn or motor hotel shall provide for its patrons a restaurant or coffee shop facility within the structure.
(5)
All rates for rooms shall be based on a minimum of a daily charge. No half-day, partial-day or hourly rates are permitted.
(6)
Each establishment must provide some minimum health or recreation facility within the structure.
(7)
Every hotel, motel, motor inn and/or motor hotel must provide a main entrance and lobby with access to all rooms. All entrances and exits to rooms must lead to a common hallway which leads to the lobby and main entrance. There shall be no room entrances or exits to the outside of the building.
(8)
Each establishment must provide a round-the-clock in-house security system for the protection and safety of patrons, which security system must be approved by the Chief of Police of the Borough.
(9)
There shall be installed in all rooms and common areas smoke and fire detectors in accordance with the rules and regulations of the Department of Community Affairs and State of New Jersey.
[2]
Editor's Note: The Zoning Schedules are included at the end of this chapter.
F.
Automobile washing establishments. All automobile washing establishments, including mechanical automobile washing establishments, shall comply with the following requirements:
(3)
Location.
(a)
Such establishments shall not be located closer than 100 feet to any residential district. No part of any entrance to or exit from such establishment shall be closer than 75 feet to the boundary line of any residential district.
(b)
Such establishment shall not have an entrance to or exit from a public street that is located closer than 200 feet to a public or private school, library, church, theater, hospital, fire station, playground or other public gathering place or to any street entrance to such buildings or public gathering places.
(4)
Off-street parking.
(a)
Such establishments shall provide a reservoir parking area equal in number to five times the maximum capacity of the laundry for automobiles awaiting entrance to said premises and 1 1/2 times the maximum capacity of the laundry for automobiles beyond the exit end of the washing equipment so situated as to be usable for the hand finishing of the washing process and which shall be no closer than 30 feet to any street right-of-way-line.
(b)
"Maximum capacity," in this instance, shall mean the greatest number possible of automobiles undergoing some phase of laundering at the same time, which shall be determined by dividing the length of each washing line by 20 feet.
G.
Public and private day schools. Public and private day schools, other than a privately conducted business or vocational school shall, where permitted, be subject to the following restrictions:
H.
Restaurants and eating and drinking establishments. Any building or structure designed, used or intended for use as a restaurant or an eating or drinking establishment shall prohibit the sale or consumption of food or beverage within any designated parking area or open space outside of the confines of an enclosed structure on the site, except for designated patio or terrace areas. This provision shall not be construed as prohibiting drive-through facilities that are otherwise permitted pursuant to this chapter.
[Amended 9-28-2000 by Ord. No. 2000-35]
§ 410-36 Conditional uses.
A.
General regulations as enumerated in Schedule IV-1[1] shall be permitted only upon authorization by the Planning Board, provided that such uses shall be found by the Board to comply with the following requirements and other applicable requirements as set forth in this chapter:
(1)
That the use is a conditional use as set forth in Schedule IV-1 thereof.[2]
[2]
Editor's Note: The Zoning Schedules are included at the end of this chapter.
(2)
That the use is so designated, located and proposed to be operated that the public health, safety, welfare and convenience will be protected.
(3)
That the use will not cause substantial injury to the value of the property in the neighborhood where it is to be located.
(4)
That the use will be compatible with adjoining development and the proposed character of the zone district where it is to be located.
(5)
That adequate landscaping and screening is provided as required herein.
(6)
That adequate off-street parking and loading is provided and ingress and egress is so designated as to cause minimum interference with the traffic on abutting streets.[3]
[3]
Editor's Note: Former Subsection A(7), which provided that uses conform with all applicable regulations governing the district where located, which immediately followed this subsection, was repealed 9-28-2000 by Ord. No. 2000-35.
[1]
Editor's Note: The Zoning Schedules are included at the end of this chapter.
B.
Cemeteries. Cemetery uses in the Borough shall comply with all state and local regulations regarding same. In addition, the following regulations shall apply:
(1)
No interment shall take place closer than 10 feet to any street right-of-way line or property line. In the event of a wider street right-of-way line as designated on the Official Map of the Borough, said requirements shall be deemed to be measured from the proposed realignment or widened alignment as indicated on the Borough Official Map.
C.
Clubs, fraternal organizations, athletic or social clubs.
(1)
A building used for club, fraternal, recreation, athletic or social purposes and maintained by a membership organization in which lodging and the temporary use of rooms or meals are supplied to the public, incidentally to serving its members, shall be permitted, provided that no merchandising shall be carried on therein.
(2)
All buildings shall be located no less than 20 feet from any property line, except where greater distances are otherwise required herein.
D.
Essential services.
(1)
Essential services, enclosed. Such uses shall include electric substations, transformers, switches, auxiliary apparatus serving a distribution area and water pumping stations and shall be subject to the following regulations:
(2)
Essential services, open. Such uses shall be limited to the erection, construction, alteration or maintenance of public utilities or municipal or other governmental agencies of underground or overhead gas, electrical, steam or water transmission or distribution systems, collection, communication, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies or for the public health or safety or general welfare, but not including buildings. Landscaping regulations of § 410-32 shall govern where applicable.
E.
Gasoline stations. All gasoline stations which are indicated as conditional uses shall comply with the following requirements:
(1)
Minimum lot size. The minimum lot size shall be 10,000 square feet.
(2)
Minimum lot width. The minimum lot width shall be 100 feet.
(4)
Location requirements.
(a)
A gasoline station shall not be located within any R District and shall be located no closer than 50 feet from any R District zoning boundary line.
(b)
No gasoline station shall have an entrance or exit for vehicles within 200 feet of a public or private school, public library, church, theater, hospital, fire station, park, playground or open space area or other gathering place or to any street entrance to such buildings or public gathering places.
(5)
Outdoor storage areas and landscaping requirements. All outdoor storage facilities should be enclosed by a fence or wall or other suitable visible screen adequate to control such facilities and the contents thereof from adjacent property. All gasoline stations adjacent to or abutting a residential district shall also provide suitable screening in conformance with §§ 410-32 and 410-33 where applicable. The sale or storage of any unlicensed vehicles shall be prohibited.
(6)
Location of oil drainage pits and hydraulic lifts. No outdoor hydraulic or mechanical lifts or oil drainage or mechanical pits shall be permitted.
(7)
Location of gasoline pumps. No gasoline pumps shall be nearer than 15 feet from any street right-of-way line and no closer than 30 feet to any lot line.
(8)
Gasoline stations in the C-1 Zone. Gasoline stations shall only be permitted as a conditional use in the C-1 Zone when located within an enclosed parking structure.
F.
Outdoor recreation facilities. Such uses shall include but not be limited to golf courses and clubs, tennis courts and clubs, swimming pools and swim clubs, country clubs, open ice skating and roller skating areas, marinas, boating docks and the like.
(1)
In any district where permitted as a conditional use, no building shall be located within 20 feet of any property line.
(2)
In any district where permitted, retail sales shall be permitted, provided they are clearly secondary to the principal use.
(3)
Unenclosed recreational facilities shall be located not less than 20 feet from any property line except where screened from adjoining residential uses in accordance with the provisions in § 410-32.
(4)
No public address system shall be permitted except where such system is inaudible in any property line.
G.
Storage areas. Such uses which may be permitted as special exception uses shall not be located within 200 feet from the nearest residential district and the operation thereof shall be governed by the following provisions and any other conditions as may be required to protect the public health, safety, comfort, convenience and general welfare.
(1)
Inflammable and explosive liquids. No highly inflammable, explosive, noxious or malodorous liquids, solids or gases shall be stored in bulk above ground. Tanks or drums of fuel directly connecting with nonpermanent heating devices or appliances located on the same premises as the tanks or drums of fuel are excluded from this provision.
(2)
Fencing and setbacks.
(a)
All facilities which store outdoors, automobiles and other motor vehicles, shall erect a fence adequate to conceal such storage area and the contents thereof from any adjacent property or public street in conformance with § 410-32.
(b)
Said fencing shall be six feet in height with at least 50% of the fence enclosed, and said fencing shall encompass the entire perimeter of the storage area. Said fence shall be constructed with material commonly known as a "metal cyclone fence" or of material of similar strength.
(c)
"Storage of automobiles and other motor vehicles," within the meaning of this section, shall not include automobiles or other vehicles displayed for sale to the general public or those vehicles temporarily kept at a service station for mechanical repairs.
(d)
"Storage," within the meaning of this section, shall mean any vehicle that remains on the premises of the facility in excess of 72 hours.
(3)
Deposit or wastes. No materials or wastes shall be deposited on any premises in such form or manner that they may be transferred off such premises by natural causes or forces.
(4)
Other hazardous materials. All materials or wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible by or otherwise be attractive to rodents or insects shall not be stored outdoors.
§ 410-37 Regulations for the C-1A Planned Business District Zone. [1]
[Added 10-25-2001 by Ord. No. 2001-56[2]]
A.
Purpose. The purpose of the C-1A Planned Business District is to provide for the integrated development of complementary uses and amenities that are designed to strengthen and enhance existing commercial activity within the Borough. The District is intended to function as a logical extension of the Borough's existing C-1 Central Business District Zone. Development standards are designed to promote a mix of uses, including those which extend the hours of business activity and offer Borough residents and workers greater recreational, entertainment and cultural opportunities; to provide opportunities for shared parking; to stimulate development of new retail shopping facilities and a first-class hotel; to provide opportunities for construction of affordable housing; to promote shared parking and more dispersed traffic patterns by providing for uses with varying peak-hour traffic and parking requirements; to promote development of buildings and parking facilities which are of an appropriate scale and height within the existing downtown context; and to foster appropriate relationships between buildings, streets, parking areas, walkways and landscaped areas, both within the development and in the context of the surrounding area. The overall objective of the Planned Business District is to create a critical mass of stores, restaurants, entertainment uses, offices and a hotel within a single downtown location.
B.
Minimum lot size. The minimum land area required for Planned Business District development shall be 500,000 square feet, inclusive of any intervening street rights-of-way.
C.
Permitted uses. The following uses shall be permitted within the Planned Business District:
(1)
Business, professional and medical offices.
(2)
Hotels (with a minimum of 200 rooms and with meeting and/or conference facilities)
(3)
Retail sales and service establishments.
(4)
Restaurants, take-out restaurants, cafes, lounges and other eating and drinking establishments (with or without live entertainment).
(5)
Banks and other financial institutions.
(6)
Indoor recreational facilities.
(7)
Movie theaters (limited to two screens).
(8)
Civic, community and cultural facilities.
(9)
Child-care facilities.
(10)
Outdoor parks, play areas.
(11)
Residential apartments.
E.
Bulk Regulations for Planned Business Development.
(1)
Floor area ratio. The maximum floor area ratio for all uses shall be 1.5 and shall not include the floor areas devoted to any parking garages. The floor area ratio shall be calculated on the basis of the entire development parcel and shall be inclusive of any intervening street rights-of-way. The minimum and maximum floor area ratio for individual uses within the Planned Business District shall be as follows:
Use | Minimum | Maximum | |
|---|---|---|---|
Business, professional and medical offices: | .15 | .50 | |
Residential | .40 | .60 | |
Hotel | .25 | .35 | |
Retail sales and service establishments | .10 | .20 | |
Other permitted uses | .10 | .25 |
(2)
Maximum building height. The maximum building height shall be as follows:
(a)
Office buildings: 10 stories1
(b)
Residential: 10 stories1, except where provided above ground level retail space, up to two additional stories may be devoted to residential use.
(c)
Hotel: 15 stories.
(d)
All other permitted uses: three stories.
NOTES: 1 Whenever above-grade parking is provided underneath an office or residential building the maximum building height shall be 13 stories. |
(3)
Maximum lot coverage. The maximum lot coverage for all principal buildings, including above-grade parking structures (whether or not attached to a principal building), shall be 45%. Where development is proposed in stages, lot coverage shall be calculated on the basis of the entire development parcel and not with reference to the land area devoted to any particular stage of development.
(4)
Maximum improved lot coverage. The maximum improved lot coverage for all buildings, structures and other manmade improvements, as defined in § 410-7, shall be 75%. Where development is proposed in stages, lot coverage shall be calculated on the basis of the entire development parcel and not with reference to the land area devoted to any particular stage of development.
F.
Minimum off-street parking requirements. The minimum required number of parking spaces for uses permitted in the Planned Business District shall be as set forth in § 345-20, except that where an applicant can demonstrate, based upon a shared parking arrangement, that a relaxation of existing standards can be effectuated without adversely impacting the public welfare, the required number of spaces may be reduced at the discretion of the approving authority. Where development is proposed in stages, an applicant seeking a relaxation of existing parking standards during a particular phase must demonstrate to the satisfaction of the approving authority that there will be sufficient parking to serve the use or uses. However, in no case shall the minimum required number of cumulative parking spaces for each use under a shared parking arrangement be less than the following:
Use | Shared Requirement | |
|---|---|---|
Retail | 1 space per 300 square feet | |
Office (business, professional and medical) | 1 space per 285 square feet | |
Hotel | .75 spaces/room | |
Residential | 1.75 spaces/dwelling unit | |
Other permitted uses | 1 space per 300 square feet |
G.
Provision of affordable housing. Twenty percent of the residential units constructed in the Planned Business District shall be affordable units in accordance with the provisions of Article XIV, Affordable Housing Standards; provided, however, that the total number of residential units constructed shall not exceed 225.
H.
Phasing.
(1)
Where construction is contemplated in stages, an applicant for Planned Business District development shall be required to submit for approval a proposed phasing schedule which sufficiently demonstrates that each stage will be self-sustaining in relation to access, internal circulation, parking, sanitary sewer, stormwater facilities, landscaping, off-tract improvements, and any other essential services, and that adequate protection is provided to ensure that each individual stage is properly related to every other stage of the Planned Business District development. In the event an applicant seeks to modify the phasing schedule, such modification shall require the approval of the Planning Board.
(2)
Whenever a development is staged over two or more phases, a minimum of 1/2 of the approved retail floor area and 1/2 of the required common open space must be completed before an applicant can proceed with more than 1/3 of the total approved floor area for the Planned Business Development. Furthermore, all of the approved retail floor area and all of the common open space must be completed before an applicant can proceed with more than 3/4 of the total approved floor area for the Planned Business Development.
I.
Additional requirements.
(1)
Retail sales and service establishments shall be located at street level in buildings fronting on Main Street and Lemoine Avenue, with a setback of zero feet to create and reinforce a downtown environment, and to generate street life during day and evening hours. Gaps in the retail store frontage along either Main Street or Lemoine Avenue shall be discouraged. Within such buildings, up to two additional floors may be devoted to any other permitted use in the District. Restaurants shall also be allowed at street level and with a zero-foot setback along Main Street and Lemoine Avenue. Separate, rear entrances shall be required for all buildings fronting on Main Street and Lemoine Avenue.
(2)
Use of areas outside of a building for chairs, tables and other space dividers to permit the serving of food and drink for consumption by the patrons of a restaurant, cafe or other eating and drinking establishment fronting on the expanse of sidewalk along either Main Street and Lemoine Avenue shall be permitted subject to the following:
(a)
There shall be an adequate area for pedestrian movement on the sidewalk onto which the establishment fronts at all times. No more than half the sidewalk shall be utilized for sidewalk cafes. In no case shall less than four feet of sidewalk be available for pedestrian traffic.
(b)
The furnishings of a sidewalk cafe or outdoor dining area shall consist of readily removable tables, chairs, umbrellas, covers, etc. No furnishing or other object may be attached, even in a temporary manner, to the sidewalk or other property or to any building or structure, and no furnishings or other object shall extend beyond the area delineated pursuant to this chapter.
(c)
The perimeter of the sidewalk cafe or outdoor dining area shall be defined or set off by a portable type of enclosure, which may include live plantings.
(d)
No sidewalk cafe or outdoor dining area may be operated, except as accessory to an operating commercial food and beverage vendor, operating either as a restaurant or retail food store on the first floor of a premises abutting the principal place of business of such entity and by the entity which operates the restaurant or retail food store.
(e)
No sidewalk cafe or outdoor dining area shall operate other than between 7:00 a.m. and 11:00 p.m. or when the entity with which it is associated is not open to the public.
(f)
All food and beverages to be served at sidewalk cafes or outdoor dining areas shall be prepared within the existing restaurant or retail food store, and table service shall be required.
(g)
The operator shall be responsible for obtaining, maintaining in full force and effect and complying with terms and conditions of any permit which may be required under any law or regulation for the serving of food and beverages, including alcoholic beverages, at a sidewalk cafe or outdoor dining area.
(h)
Sidewalk cafes and outdoor dining areas and the public or private property upon which they are located shall at all times be kept free and clear of litter, debris and any substance that may damage the sidewalk or cause pedestrian injury. A sidewalk cafe or outdoor dining area shall not be used as a waiting area for the restaurant or retail food store to which it is accessory.
(i)
No live or mechanical music shall be permitted. Loudspeakers shall not be permitted.
(j)
Tables and chairs for each establishment shall be uniform in color, material and style.
(3)
Proposed buildings and parking facilities shall be compatibly arranged and shall relate harmoniously to other buildings and structures so as to foster a desirable visual environment, and distances between buildings shall be sufficient to provide adequate light and air.
(4)
Building facades and ornamentation shall be provided on all sides of a building and shall be compatible in terms of architectural treatment, color and materials so as to enhance the visual character of development.
(5)
All areas not improved with buildings, structures and other man-made improvements shall be landscaped with trees, shrubs, ground cover, benches, street furniture, sculpture, water features and other design amenities that define outdoor spaces. A minimum of 15% of the development shall be set aside as common open space for use by the public. The common open space shall be designed to include a setting for outdoor cultural or entertainment activities.
(6)
All surface parking areas shall be screened from view along the street, preferably by retail store frontages, or absent such stores, by landscaped areas.
(7)
Provision shall be made for a system of interior access drives that can sufficiently accommodate the vehicular traffic generated and ensure safe and efficient access to all buildings and parking structures within the development. Special attention shall be given to the location and number of access points to public streets.
(8)
Adequate separation of pedestrian and vehicular traffic shall be provided and shall be arranged so as to be safe and convenient to the public and so as not to detract from the design of proposed buildings and structures. Provision shall be made for convenient pedestrian access within the development as well as to the surrounding area. Pedestrian walkways shall be sufficiently wide to accommodate all anticipated pedestrian traffic.
(9)
Off-street parking and loading areas shall be coordinated with the public street system serving the Planned Business District and surrounding area in order to avoid conflicts with through-traffic or obstruction to pedestrian walks and thoroughfares.
(10)
Shared use of off-street parking facilities by two or more uses, and joint access to off-street parking facilities, shall be encouraged.
(11)
A parking garage shall be architecturally compatible with the principal building(s), and all exposed exterior walls shall be faced with finished materials, such as brick or masonry. No more than 50% of any exterior facades shall be open, and a solid wall of not less than three feet in height above each floor level along the exterior of each level of the garage shall be provided.
(12)
A parking garage may be attached to a principal building or may be connected by bridges or similar walkways.
(13)
Storage, loading and service areas shall be appropriately screened from view so as not to be visible to the general public or detract from the overall visual environment. Such areas shall be required to be below grade in those instances where the building has below-grade parking.
§ 410-37.1 R-6A Apartment Zone.
[Added 11-14-2002 by Ord. No. 2002-42; amended 8-16-2007 by Ord. No. 2007-35]
A.
Purpose and applicability. The purpose of the R-6A Apartment Zone is to encourage private redevelopment by allowing for the construction of apartments at a density and building height that recognize the area's view potential and proximity to transportation infrastructure. Further, increased density is permitted for age-restricted apartments in recognition of the reduced land use impacts associated with this type of housing. More intense development also is permitted on larger properties, which can better accommodate increased development intensity compared with smaller properties.
C.
Permitted accessory uses:
(1)
An apartment building may be permitted to have up to 10,000 square feet of ground floor area devoted to retail/commercial sales or services, including food services, for the exclusive use of the residents of the apartment development.
(2)
Any R-6 permitted accessory use under the same conditions as prescribed therein.
(3)
Other accessory uses customarily incidental to a permitted use.
D.
Permitted conditional uses: any R-6 conditional use under the same conditions as prescribed therein.
F.
Bulk standards:
(2)
(3)
Multifamily apartments and age-restricted apartments, for lots less than 43,560 square feet in area:
(4)
Multifamily apartments and age-restricted apartments, for lots 43,560 square feet or greater in area:
(a)
Minimum lot width: 200 feet.
(b)
Minimum lot depth: 200 feet.
(c)
Maximum building height: 13 stories above the elevation of Central Road.
(d)
Maximum lot coverage: 35%.
(e)
Maximum improved lot coverage: 75%.
(h)
Maximum floor area ratio (exclusive of areas devoted to structured parking): 3.0.
G.
All parking for multifamily apartments and age-restricted apartments must be below the grade of Central Road, and no more than four levels of structured parking shall be permitted.
H.
The minimum parking requirements for all residential uses shall be in accordance with the New Jersey Residential Site Improvement Standards.
§ 410-38 Fences.
A.
Fences over four feet require building permit. No fences shall be erected in the Borough in excess of four feet in height without application first being made to the Building Subcode Official for a building permit.
B.
Fences limited to six feet except with Board of Adjustment permission. No building permit shall be issued for any fences in excess of six feet in height without authorization of the Board of Adjustment.
C.
Application information. A building permit shall only be issued by the Building Subcode Official in the event that an application in writing is filed with him showing the following:
(1)
A certified survey of the property of the applicant showing boundaries of the parcel owned by the applicant and showing the street upon which the same faces and showing the distance of the corner of the property abutting the street line to the nearest intersection.
(2)
The certified survey shall show the location of the dwelling or buildings erected upon the applicant's premises, as well as the buildings erected upon adjacent premises with distances noted.
(3)
The fee for such a building permit shall be $2.
D.
Fences of solid material; fences over six feet. No fence constructed of solid material such as wood, lumber or mason materials shall be constructed exceeding four feet in height. Any fence to be erected exceeding four feet in height shall be constructed in such manner that the same shall be porous as a woven wire fence or a fence constructed of horizontal or vertical members, which members shall be separated one from the other by at least fifty-percent open. (It is the purpose and intention of such restriction of construction of fences exceeding four feet that the same shall not unreasonably limit the free motion of air or the transference of light.)
E.
Setback. Any and all fences constructed in accordance with the terms of this section shall not extend beyond the front portion of the main building.
§ 410-39 Automatic amusement games.
A.
As used in this section, the term "automatic amusement game" shall mean all automatic amusement games of the type commonly known and designated as "bagatelle, baseball or pinball games" or similar amusement machines which may also be known as "indoor amusement facilities or devices" operated, maintained, used or actuated by means of a token, coin or similar object for the purpose of amusement or skill and for the playing of which a fee is charged.
B.
It shall be unlawful to maintain in or on any premises for use by the public or to which the public is invited any multiple- or arcade-type of automatic amusement game operation containing in excess of two such devices. This does not include vending machines which are not gaming or amusement devices.
C.
This section is not intended to prohibit automatic amusement games in commercial establishments such as restaurants or bars, provided that there are no more than two such devices in any one establishment.