The sale of products for garden supply and building material establishments.

The sale of gasoline and related automotive goods at automobile service stations.

Sidewalk sales, subject to the issuance of the applicable permit by the Borough.

Outside sales for nonprofit and philanthropic organizations, subject to the issuance of any applicable permit by the Borough.

Newspaper vending machines as otherwise permitted by ordinance.

Businesses for the purposes of cashing checks unless such business provides to its customers checking and savings accounts and mortgage loans.

Businesses for the sale of live poultry.

Businesses for the sale or service of motorcycles or motorcycle parts or accessories.

Businesses or offices providing to the public physic readings, tarot card readings, palm readings, crystal ball readings, "new age" readings, aura readings or aura photography.

Businesses, offices or parlors providing to the public tattoos or body piercing.

Public billiards or pool parlors.

Amusement or video arcades or businesses providing to the public entertainment through video games, pinball games, electronic games or the like.

The conduct of carnivals or circuses or other businesses providing entertainment by the use of carousels, roller coasters, merry-go-rounds, Ferris wheels or similar devices, which carnivals, circuses or other such businesses are open to the public.

Businesses providing the storage, transfer, baling, packing or other processing of junk, trash, scrap metal or any other refuse.

Businesses or offices providing to the public saunas, steam baths or bathing facilities except upon the premises of an otherwise lawfully permitted hotel, motel or health-care facility operated by a licensed physician and when such facilities are approved under the applicable provisions of the Health Code of the Borough.

Purpose. The purpose of this set-aside requirement is to create a realistic opportunity for the construction of low- and moderate-income housing as land becomes available for development in the Borough of Hasbrouck Heights and thereby address the unmet need portion of the fair share housing obligation of the Borough of Hasbrouck Heights under the New Jersey Fair Housing Act of 1985, N.J.A.C. 5:93-1 et seq.,[1] as amended and supplemented, N.J.A.C. 5:80-26.1 et seq., as amended and supplemented, and the Mount Laurel Doctrine.

Any property in the Borough of Hasbrouck Heights that is currently zoned for nonresidential uses and subsequently receives a zoning change or use variance or approval of a redevelopment or rehabilitation plan to permit multifamily residential development at a density of at least six units per acre, yielding at least five new dwelling units, or that is currently zoned for residential uses and receives a zoning change or density variance or approval of a redevelopment or rehabilitation plan to permit multifamily residential development, at a density of at least six units per acre, yielding at least five new dwelling units, shall provide an affordable housing set-aside of 15% if the affordable units will be for rent and 20% if the affordable units will be for sale. This provision does not affect residential development on sites that are zoned for inclusionary residential development as part of the Borough's Housing Element and Fair Share Plan, which are subject to the affordable housing set- aside requirements set forth in the applicable zoning. This requirement does not give any developer the right to any such rezoning, variance or other relief, or establish any obligation on the part of the Borough of Hasbrouck Heights to grant such rezoning, variance or other relief. A property shall not be permitted to be subdivided so as to avoid compliance with this requirement. All affordable units created pursuant to this subsection shall be governed by the provisions of Chapter 79, Affordable Housing.

Multifamily residential uses, where a 15% affordable residential rental component set-aside or a 20% affordable for sale component set-aside is provided in accordance with the applicable Borough ordinances. Multifamily residential uses shall include townhouses, duplex structures and apartments.

Existing permitted uses, permitted by the underlying zone, are not modified or affected by the establishment of this overlay zone.

Development of the site in the Hasbrouck Heights Affordable Housing Overlay Zone is permitted for either a permitted use authorized pursuant to the underlying zone or in the alternative, a use permitted in the overlay zone, but not for both.

All accessory uses permitted in the underlying zones.

Private residential garages and off-street parking. Stand-alone structured parking decks are prohibited.

Loading areas.

Leasing office.

Streetscape improvements.

Fences in accordance with the applicable Borough ordinances.

Signage shall be subject to the requirements of the applicable Borough ordinances.

Other customary accessory uses and structures such as, but not limited to a club room, fitness areas and swimming pools for the private use and enjoyment of residents and their guests.

The bulk regulations for the Hasbrouck Heights Affordable Housing Overlay Zone multifamily residential use are as follows:

No more than two bedrooms shall be permitted in any market rate unit.

Residential Site Improvement Standards (RSIS), N.J.A.C. 5:21, shall be referenced to determine the number of required parking spaces, size of parking spaces, and construction details concerning project streets and drives, sidewalks, water supply and sanitary sewers. Barrier-free parking spaces shall be provided and signed in accordance with the standards of the New Jersey Barrier-Free Code.

Structured parking is permitted. The number of parking stories shall be counted towards the number of stories permitted.

A landscape plan prepared by a licensed landscape architect, licensed by the New Jersey State Board of Architects, or other qualified individual shall be submitted as part of any development plan. The plan shall include detailed construction drawings for all site landscaping, common areas, recreation areas and all street frontage improvements including but not limited to street trees, ornamental lighting and brick paver walkways.

A minimum planted buffer of not less than 15 feet shall be established and maintained around the perimeter of the tract developed pursuant to this section. This perimeter buffer shall be planted with a dense grouping of landscape materials which may include fencing, decorative walls and berms. Site driveways, with or without sidewalk(s) connecting the public street to the site, are permitted to pierce this required buffer, as are underground utility and drainage connections

All portions of the property not utilized by buildings or paved surfaces shall be landscaped utilizing a variety of landscape material, including but not limited to landscaped fencing, shrubbery, lawn area, ground cover, and trees. The use of coniferous and/or deciduous trees native to the area shall be used to lessen the visual impact for the structures and paved areas.

Landscaping shall be designed to create a complete integration of the various elements of site design.