Hasbrouck Heights City Zoning Code
ARTICLE IV
District Regulations
§ 275-10 Schedule of regulations.
The restrictions which control development in each district are set forth in the attached Schedules 1 and 2, which are supplemented by other sections of this chapter.[1]
[1]
Editor's Note: Said schedules are included at the end of this chapter.
§ 275-11 Compliance required; construal of provisions.
A.
No building or structure shall be erected, moved, altered, constructed, reconstructed or enlarged except as specified in this chapter, nor shall any land, building or structure be used for any purpose or in any manner except in conformity with all regulations, requirements and/or restrictions specified in this chapter for the district in which such building, structure or land is located.
B.
In interpreting and applying this chapter, the requirements contained herein are declared to be the minimum requirements for the protection and promotion of the public health, safety, morals and general welfare.
§ 275-12 General regulations.
[Amended 8-13-1994 by Ord. No. 1601; 12-29-1998 by Ord. No. 1843; 11-26-2002 by Ord. No. 1986; 2-28-2017 by Ord. No. 2386; 2-13-2018 by Ord. No. 2402; 5-14-2019 by Ord. No. 2439; 5-11-2021 by Ord. No. 2483; 3-10-2026 by Ord. No. 2600]
A.
Any use not specifically designated as a principal permitted use, accessory use or conditional use is specifically prohibited from any zone district in the Borough of Hasbrouck Heights.
B.
No yard or other open space provided about any building for the purpose of complying with the provisions of this chapter shall be considered as providing a yard or open space for any other building.
C.
The area or dimension of any lot, yard or other space shall not be reduced to less than the minimum required by this chapter, and if already existing at less than the minimum required by this chapter, said area or dimension may be continued and shall not be further reduced.
D.
All off-street parking and loading shall be located on the lot on which the principal use is located.
E.
In case of uncertainty or disagreement as to the proper application of any of the requirements of this chapter, the determination thereof shall lie with the Board of Adjustment.
F.
The sale, storage or display of goods outside the confines of a building or structure is prohibited except for the following:
(1)
The sale of products for garden supply and building material establishments.
(2)
The sale of gasoline and related automotive goods at automobile service stations.
(3)
Sidewalk sales, subject to the issuance of the applicable permit by the Borough.
(4)
Outside sales for nonprofit and philanthropic organizations, subject to the issuance of any applicable permit by the Borough.
(5)
Newspaper vending machines as otherwise permitted by ordinance.
G.
No land or building in any zoning district within the Borough shall be used or shall be allowed to be used as a massage parlor or massage business except such establishment operated by a physician, osteopath, chiropractor or certified physical therapist licensed by the State of New Jersey; provided, however, that nothing herein contained shall prevent the massage of patient at the residence of that patient by a duly licensed physician, osteopath, chiropractor or certified physical therapist or at a regularly established medical center, hospital or sanatorium under the supervision of a licensed physician, osteopath, chiropractor or certified physical therapist or at his, her or their professional office.
H.
No land or building in any zoning district within the Borough shall be used or shall be allowed to be used for any of the following purposes:
(1)
Businesses for the purposes of cashing checks unless such business provides to its customers checking and savings accounts and mortgage loans.
(2)
Businesses for the sale of live poultry.
(3)
Businesses for the sale or service of motorcycles or motorcycle parts or accessories.
(4)
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.
(5)
Businesses, offices or parlors providing to the public tattoos or body piercing.
(6)
Public billiards or pool parlors.
(7)
Amusement or video arcades or businesses providing to the public entertainment through video games, pinball games, electronic games or the like.
(8)
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.
(9)
Businesses providing the storage, transfer, baling, packing or other processing of junk, trash, scrap metal or any other refuse.
(10)
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.
I.
No residential premises, including dwelling houses, apartments, rooming houses or boarding houses or any parts thereof or rooms therein, except duly licensed hotels and motels, shall be rented or let for occupancy by any person or persons for a period or term of less than 180 days.
J.
No land or building in any zoning district within the Borough of Hasbrouk Heights shall be used or shall be allowed to be used for the sale or distribution of marijuana or any substitute thereof producing an intoxicating effect, except for such premises regularly in the business of providing prescription medicines under a license issued by the New Jersey Board of Pharmacy and only for the sale of medical marijuana having been prescribed by a licensed physician and dispensed by a licensed pharmacist.
K.
Borough-wide mandatory set-aside.
(1)
A development, other than single-family detached, providing a minimum of five new housing units created through any municipal rezoning or Zoning Board action, use or density variance, redevelopment plan, or rehabilitation plan that provides for densities at or above six units per acre, is required to include an affordable housing set-aside of 20%.
(2)
Any affordable units generated through such mandatory set-aside shall be subject to all other provisions of this ordinance.[1]
[1]
Editor's Note: This subsection was enacted by Ord. No. 2600, which also adopted a new Ch. 79, Affordable Housing.
(3)
All such affordable units shall be governed by this ordinance, the controls on affordability, including bedroom distribution, and affirmatively marketed to the housing region in conformance with UHAC at N.J.A.C. 5:80-26.1 et seq., any successor regulation, and all other applicable laws.
(4)
No subdivision shall be permitted or approved for the purpose of avoiding compliance with this requirement. Developers cannot, for example, subdivide a project into two lots and then make each of them a number of units just below the threshold.
(5)
The mandatory set-aside requirements of this section do not give any developer the right to any rezoning, variance or other relief, or establish any obligation on the part of the municipality to grant such rezoning, variance or other relief.
(6)
This municipality-wide mandatory set-aside requirement does not apply to any sites or specific zones otherwise identified in the HEFSP, for which density and set-aside requirements shall be governed by the specific standards as set forth therein.
(7)
In the event that the inclusionary set-aside of 20% of the total number of residential units does not result in a full integer, the set-aside shall round up to ensure that at least 20% of the units are affordable.
L.
(Reserved)
M.
No land or building in any zoning district within the Borough of Hasbrouck Heights shall be used or shall be allowed to be used as any class of cannabis establishment or cannabis distributor or cannabis delivery service as said terms are defined in Section 3 of P.L. 2021, c. 16.
§ 275-12.1 AHO-1 Hasbrouck Heights Affordable Housing Overlay Zone-1.
[Added 5-14-2019 by Ord. No. 2438; amended 3-10-2026 by Ord. No. 2601]
A.
The Hasbrouck Heights Affordable Housing Overlay Zone-1 district is hereby established.
B.
The Zoning Map shall be and is hereby amended and supplemented by the addition of the Hasbrouck Heights Affordable Housing Overlay Zone, incorporating the following properties into said overlay zone:
Block 129, Lot 1; Block 131, Lots 1, 4, 5 and 9; and Block 132.01, Lots 1, 2, 3, 4.02, 5.01, 5.03, 5.04 and 5.05
Block 98, Lot 1.01.
C.
The purpose of the Zone is to provide a realistic opportunity to address the Borough's unmet affordable housing need obligation.
D.
The following are the principal permitted uses;
(1)
Multifamily residential uses, where a 20% affordable residential rental component set-aside or for sale component set-aside is provided in accordance with the applicable Borough ordinances. Multifamily residential uses shall include townhouses, duplex structures and apartments. The developer/property owner shall round the fractional number of affordable units upward to provide one additional whole unit.
(2)
Existing permitted uses, permitted by the underlying zone, are not modified or affected by the establishment of this overlay zone.
(3)
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.
E.
The affordable housing component shall be compliant with Chapter 79, Affordable Housing, and the UHAC rules (N.J.A.C. 5:80-26.1 et seq. and N.J.A.C. 5:99).
F.
All conditional uses permitted in the underlying Zone in this Zone shall continue to be conditional uses.
G.
Permitted accessory structures, buildings and uses:
(1)
All accessory uses permitted in the underlying zones.
(2)
Private residential garages and off-street parking. Stand-alone structured parking decks are prohibited.
(3)
Loading areas.
(4)
Leasing office.
(5)
Streetscape improvements.
(6)
Fences in accordance with the applicable Borough ordinances.
(7)
Signage shall be subject to the requirements of the applicable Borough ordinances.
(8)
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.
H.
Bulk regulations.
(1)
The bulk regulations for the Hasbrouck Heights Affordable Housing Overlay Zone multifamily residential use are as follows:
(a)
Minimum lot size: one acre.
(b)
Minimum required lot width: 200 feet.
(c)
Minimum required lot depth: 200 feet.
(d)
Minimum required front yard: 20 feet.
(e)
Minimum required side yard: 20 feet.
(f)
Minimum required rear yard: 20 feet.
(g)
Maximum building height: 40 feet/four stories
(h)
Maximum building coverage: 40%.
(i)
Maximum impervious coverage: 75%
(j)
Density. The following maximum densities are permitted:
[1]
Block 129, Lot 1; Block 131, Lots 1, 4, 5 and 9; and Block 132.01, Lots 1, 2, 3, 4.02, 5.01, 5.03, 5.04 and 5.05 are permitted a maximum of 25 du/ac.
[2]
Block 98, Lot 1.01 are permitted a maximum of 21 du/ac.
(2)
No more than two bedrooms shall be permitted in any market rate unit.
I.
Parking and loading.
(1)
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.
(2)
Structured parking is permitted. The number of parking stories shall be counted towards the number of stories permitted.
J.
Landscape standards:
(1)
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.
(2)
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
(3)
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.
(4)
Landscaping shall be designed to create a complete integration of the various elements of site design.
K.
An indoor trash and recycling area for the collection and storage of generated trash and recyclable materials shall be provided within the principal building.
L.
Architectural design standards. Refer to § 275-12.2I.
§ 275-12.2 AHO-2 Hasbrouck Heights Affordable Housing Overlay Zone-2.
[Added 3-10-2026 by Ord. No. 2602]
A.
Purpose. This district has been created to assist the Borough of Hasbrouck Heights fulfill a distinct portion of its constitutional obligation to provide affordable housing. The AHO-2 District is designed to partially address this obligation and to implement certain obligations. The provisions of this section are intended to promote the health, safety and welfare of the public and Borough of Hasbrouck Heights and encourage the construction of a mixed use inclusionary housing development consistent with smart growth design goals in the commercial center of the Borough easily accessible to goods, services and public transit.
B.
The following are the principal permitted uses:
(1)
Mixed use attached inclusionary multifamily residential is a principal permitted use located on floors above lower or first floor commercial uses permitted in the underlying B-1 zone. Such commercial uses shall occupy minimally 60% of the buildings linear frontage along the Boulevard.
C.
Bulk regulations.
(1)
Minimum tract area. The minimum area of the lots comprising a tract for development permitted to apply the overlay standards of this zone shall be 20,000 square feet.
(2)
Height. No building shall exceed a maximum height of three stories or 38 feet, whichever is less.
D.
Density in the district shall not exceed 20 dwelling units per acre.
E.
Yards. Minimum required building setback distances are as established by and for the underlying zone district. Notwithstanding the underlying building setback requirements, any and all three-story buildings in this district are required to provide a minimum twenty-five-foot setback to any residential zone boundary line.
F.
A five-foot pavement and parking buffer shall be provided along all residential district zone lines. In those instances when the pavement and parking areas are within 10 feet of a residential district boundary line, a solid fence of six feet shall be erected and landscaping to provide screening.
G.
Total building and structure coverage in this district shall not exceed 50% and maximum improved lot coverage shall not exceed 90%.
H.
20% of total number of housing units generated in a development in this district shall be reserved as affordable housing. The developer/property owner shall round the fractional number of affordable units upward to provide one additional whole unit. All such affordable housing shall be deed restricted for a minimum number of years pursuant to N.J.A.C. 5:80-26.2 or as periodically updated. Affordable housing as defined in N.J.A.C. 5:80-26.2 shall be supplied in accordance with the price stratification and bedroom distribution requirements. All affordable housing units in this district shall be constructed, marketed, occupied and maintained in strict compliance with Hasbrouck Heights's Affordable Housing Ordinance (Chapter 79, Affordable Housing), applicable state and the UHAC rules (N.J.A.C. 5:80-26.1 et seq. and N.J.A.C. 5:99).
I.
Off-street parking.
(1)
The 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.
(2)
Mixed use developments may meet the required parking provisions of this section by participation in a shared parking of two or more uses, provided that plans for such a program have been approved by the Planning Board, and further provided that the number of the parking spaces equals the sum of the required number of parking spaces of each use participating in the shared parking program. Notwithstanding the foregoing, the reviewing Board may approve a shared parking plan with fewer parking spaces than the sum of the requirements for the participating uses without the need for a variance, if all of the following requirements are complied with:
(a)
A shared parking provision of off-street parking shall be permitted where adjacent properties are either commonly owned or otherwise controlled, or upon confirmation of shared parking easement rights.
(b)
The applicant must demonstrate that the particular combination of uses and the peak periods of demand for parking spaces, as applicable, are such that a lesser number of spaces are necessary to meet the total parking and/or loading needs for the development at all times.
(c)
The shared parking methodology used by the applicant to calculate the number of shared parking spaces permitted shall be those recommended in the Urban Land Institute "Shared Parking Standards for a Mixed-Use Center," latest edition, or similar nationally recognized standard.
(d)
The applicant must demonstrate that the parking are located to be reasonably convenient, safe and suitable for use by the various uses, buildings and/or lots involved in the shared parking program.
(e)
The applicant and the reviewing Board must agree on a mechanism that will ensure that the shared parking and/or loading spaces, as applicable, will continue to comply with this section for the life of the development.
J.
Landscape standards: refer to § 275-12.1J for applicable standards.
K.
Architectural design standards. The following are architectural design standards for new buildings constructed in this zone:
(1)
Architectural and neighborhood goals:
(a)
The design standards in this section provide the criteria for proposed development within this zone in order to promote a high quality, pedestrian friendly, mixed use environment. These standards promote:
[1]
Appropriate scale for a mixed use building;
[2]
Standards for all permitted and accessory uses;
[3]
A compatible mixture of architectural styles.
(2)
Architectural and neighborhood standards:
(a)
Architectural character: Deviations from these standards shall be reviewed as a waiver of such standards subject to the Board's approval.
[1]
All building details shall reinforce pedestrian scale through the use of features such as windows, doors, porches, columns and balconies;
[2]
The base of buildings shall be distinguished from the middle and top of the building with an emphasis on providing design elements that will enhance the pedestrian environment particularly at the street level;
[3]
Elements such as cornices, belt courses, corbelling, molding, string courses, ornamentation, changes in material or color, and other sculpturing of the base are appropriate and should be provided to add special interest to the base;
[4]
Storefront windows should be distinguished from the rest of the building through the use of arches, pediments, mullions, and other treatments;
[5]
Building facades in excess of 120 feet in length shall be designed to avoid a monolithic appearance through the use of different facade materials and building setbacks (minimally 3 feet), that act to break the building appearance into smaller increments and sections;
[6]
Building materials may include brick, stone, cast stone, metal, clay, porcelain, ceramic, tile, resin panels and glass storefront assemblies, wood and fiber cement siding or other material as approved by the reviewing authority;
[7]
First level commercial, retail and office may be designed using different material than the levels above.
(b)
Building orientation:
[1]
All buildings shall be oriented toward streets. The building front is the elevation facing any street unless the building is adjacent to a newly constructed park, plaza or open space, in which case the building should orient to both the street and the designed open space;
[2]
The first floors of all buildings, including parking levels, must be designed to encourage and complement pedestrian-scale activity as seen from the adjacent streets.
(c)
Building entrances:
[1]
Building entrances should be easily identifiable and feature large, open and transparent windows.
[2]
Retail entrances can have up to a two-foot pop-out/protrusion/recess into the required setback for columns or other architectural features that distinguish the commercial or retail storefront;
[3]
Entrances for residential, office and uses other than retail should be separate and distinct from retail/commercial entrances.
(d)
Doors and windows:
[1]
Where windows are used, they should be transparent;
[2]
Where expanses of solid wall are necessary, they may not exceed 30 feet in length;
[3]
Windows should align vertically from floor to floor and the pattern of window openings should relate to a building's vertical bay pattern;
[4]
All windows should have dimensionality so as to create shadows and texture within the building facade;
[5]
At a minimum, all windows should have deep headers and sills; in addition, trim on all sides that projects from the building facade is encouraged;
[6]
Window glazing should be recessed relative to the surrounding enframement. If divided lintels are used, they should include external members that cast shadows on the glass;
[7]
Upper-story windows should be vertically proportioned. Windows may be clustered in pairs and triples to create larger, horizontally proportioned expanses of windows;
[8]
The first floor and street level must be designed to address all communal streets and all communal public plaza areas.
(e)
Roof-line emphasis:
[1]
Any pitched roof-line should be emphasized with deep eaves or overhangs, cross gables, and/or dormer windows. The shape of roof-lines should coordinate with and reinforce the variation in bay massing and can be utilized to screen mechanical equipment.
[2]
Bays for vertical articulation:
[a]
Buildings should be broken into bays whose width relates to the width of each residential unit or vertically stacked pair of units;
[b]
Each bay is recommended to not exceed 60 feet in width;
[c]
Examples of elements that contribute to bay differentiation include changes in facade plane, downspouts, expansion joints, pilasters, variation in roof-line, gables, dormers, overhangs, and bay windows or other projections.
§ 275-12.3 AHO-3 Hasbrouck Heights Affordable Housing Overlay Zone-3.
[Added 3-10-2026 by Ord. No. 2603]
A.
Purpose. This district has been created to assist the Borough of Hasbrouck Heights in fulfilling a distinct portion of its constitutional obligation to provide affordable housing. The AHO-3 District is designed to partially address this obligation and to implement certain obligations. The provisions of this section are intended to promote the health, safety and welfare of the public and Borough of Hasbrouck Heights and encourage the construction of a multifamily residential inclusionary housing development consistent with smart growth design goals in the Borough accessible to goods, services and public transit.
B.
The following are the principal permitted uses:
(1)
Multifamily, and townhouses.
(2)
Conditional uses, requiring a special permit as provided in Article VIII, shall be as follows:
(a)
Public utility facilities or uses.
(b)
County, state or federal building or uses.
C.
Bulk regulations.
(1)
Minimum tract area. The minimum area of the lots comprising a tract for development permitted to apply the overlay standards of this zone shall be 18,000 square feet.
(2)
Minimum required front yard: 25 feet.
(3)
Minimum required side yard: 20 feet.
(4)
Minimum required rear yard: 20 feet.
(5)
Height. No building shall exceed a maximum height of two stories or 30 feet, whichever is less.
(6)
Maximum building coverage: 40%.
(7)
Maximum impervious coverage: 75%.
(8)
Yards between buildings. A minimum dimension of 35 feet shall be provided between buildings.
(9)
Buffer area. A minimum fifteen-foot-wide landscaped buffer area shall be provided along all external lot lines except a front lot line.
D.
Density in the district shall not exceed 20 dwelling units per acre.
E.
A five-foot pavement and parking buffer shall be provided along all residential district zone lines. In those instances when the pavement and parking areas are within 10 feet of a residential district boundary line, a solid fence of six feet shall be erected and landscaping to provide screening.
F.
20% of total number of housing units generated in a development in this district shall be reserved as affordable housing. The developer/property owner shall round the fractional number of affordable units upward to provide one additional whole unit. All such affordable housing shall be deed restricted for a minimum number of years pursuant to N.J.A.C. 5:80-26.2 or as periodically updated. Affordable housing as defined in N.J.A.C. 5:80-26.2 shall be supplied in accordance with the price stratification and bedroom distribution requirements. All affordable housing units in this district shall be constructed, marketed, occupied and maintained in strict compliance with Hasbrouck Heights's Affordable Housing Ordinance (Chapter 79, Affordable Housing), applicable state regulations and the UHAC rules (N.J.A.C. 5:80-26.1 et seq. and N.J.A.C. 5:99).
G.
Off-street parking.
(1)
The 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.
H.
Landscape standards: refer to § 275-12.1J for applicable standards.
I.
Architectural design standards. The following are architectural design standards for new buildings constructed in this zone.
(1)
Architectural and neighborhood goals:
(a)
The design standards in this section provide the criteria for proposed development within this zone in order to promote a high quality, pedestrian friendly environment. These standards promote:
[1]
Appropriate scale for a residential building;
[2]
Standards for all permitted and accessory uses;
[3]
A compatible mixture of architectural styles.
(2)
Architectural and neighborhood standards:
(a)
Architectural character: Deviations from these standards shall be reviewed as a waiver of such standards subject to the Board's approval.
[1]
All building details shall reinforce pedestrian scale through the use of features such as windows, doors, porches, columns and balconies;
[2]
Elements such as cornices, belt courses, corbelling, molding, string courses, ornamentation, changes in material or color, and other sculpturing of the base are appropriate and should be provided to add special interest to the base;
[3]
Storefront windows should be distinguished from the rest of the building through the use of arches, pediments, mullions, and other treatments;
[4]
Building facades in excess of 120 feet in length shall be designed to avoid a monolithic appearance through the use of different facade materials and building setbacks (minimally three feet), that act to break the building appearance into smaller increments and sections;
[5]
Building materials may include brick, stone, cast stone, metal, clay, porcelain, ceramic, tile, resin panels and glass storefront assemblies, wood and fiber cement siding or other material as approved by the reviewing authority.
(b)
Building orientation:
[1]
All buildings shall be oriented toward streets. The building front is the elevation facing any street unless the building is adjacent to a newly constructed park, plaza or open space, in which case the building should orient to both the street and the designed open space;
[2]
The first floors of all buildings, including parking levels, must be designed to encourage and complement pedestrian-scale activity as seen from the adjacent streets.
(c)
Building entrances:
[1]
Building entrances should be easily identifiable and feature large, open and transparent windows.
(d)
Doors and windows:
[1]
Where windows are used, they should be transparent;
[2]
Where expanses of solid wall are necessary, they may not exceed 30 feet in length;
[3]
All windows should have dimensionality so as to create shadows and texture within the building facade;
[4]
At a minimum, all windows should have deep headers and sills; in addition, trim on all sides that projects from the building facade is encouraged;
[5]
Upper-story windows should be vertically proportioned. Windows may be clustered in pairs and triples to create larger, horizontally proportioned expanses of windows.
(e)
Roof-line emphasis. Any pitched roof-line should be emphasized with deep eaves or overhangs, cross gables, and/or dormer windows. The shape of roof-lines should coordinate with and reinforce the variation in bay massing and can be utilized to screen mechanical equipment.
§ 275-12.4 AHO-4 Hasbrouck Heights Affordable Housing Overlay Zone-4.
[Added 3-10-2026 by Ord. No. 2604]
A.
Purpose. This district has been created to assist the Borough of Hasbrouck Heights in fulfilling a distinct portion of its constitutional obligation to provide affordable housing. The AHO-4 District is designed to partially address this obligation and to implement certain obligations. The provisions of this section are intended to promote the health, safety and welfare of the public and Borough of Hasbrouck Heights and encourage the construction of a multifamily residential inclusionary housing development consistent with smart growth design goals in the Borough accessible to goods, services and public transit.
B.
The following are the principal permitted uses:
(1)
Multifamily residential is a principal permitted use in accordance with the regulations contained herein.
(2)
Conditional uses, requiring a special permit as provided in Article VIII, shall be as follows:
(a)
Public utility facilities or uses.
(b)
County, state or federal building or uses.
C.
Bulk regulations.
(1)
Minimum tract area. The minimum area of the lots comprising a tract for development permitted to apply the overlay standards of this zone shall be 18,000 square feet.
(2)
Minimum required front yard: 25 feet.
(3)
Minimum required side yard: 20 feet.
(4)
Minimum required rear yard: 20 feet.
(5)
Height. No building shall exceed a maximum height of three stories or 38 feet, whichever is less.
(6)
Maximum building coverage: 40%.
(7)
Maximum impervious coverage: 75%.
(8)
Yards between buildings. A minimum dimension of 35 feet shall be provided between buildings.
(9)
Buffer area. A minimum fifteen-foot-wide landscaped buffer area shall be provided along all external lot lines except a front lot line.
(10)
Notwithstanding the zone building setback requirements, any and all three-story buildings in this district are required to provide a minimum twenty-five-foot setback to any existing single- or two-family residential developed lot line.
D.
Density in the district shall not exceed 25 dwelling units per acre.
E.
Yards. Minimum required building setback distances are as established by and for the underlying zone district.
F.
A five-foot pavement and parking buffer shall be provided along all residential district zone lines. In those instances when the pavement and parking areas are within 10 feet of a residential district boundary line, a solid fence of six feet shall be erected and landscaping to provide screening.
G.
20% of total number of housing units generated in a development in this district shall be reserved as affordable housing. The developer/property owner shall round the fractional number of affordable units upward to provide one additional whole unit. All such affordable housing shall be deed restricted for a minimum number of years pursuant to N.J.A.C. 5:80-26.2 or as periodically updated. Affordable housing as defined in N.J.A.C. 5:80-26.2 shall be supplied in accordance with the price stratification and bedroom distribution requirements. All affordable housing units in this district shall be constructed, marketed, occupied and maintained in strict compliance with Hasbrouck Heights's Affordable Housing Ordinance (Chapter 79, Affordable Housing), applicable state regulations and the UHAC rules (N.J.A.C. 5:80-26.1 et seq. and N.J.A.C. 5:99).
H.
Off-street parking and circulation.
(1)
The 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.
I.
Landscape standards: refer to § 275-12.1J for applicable standards.
J.
Architectural Design Standards: refer to § 275-12.3I for applicable standards.
§ 275-13 Number of buildings restricted.
[Amended 4-23-1996 by Ord. No. 1747]
There shall be permitted no more than one principal building on each lot in any district, except in the R-4, R-5 and R-6 Zones and only as expressly permitted in the applicable sections of this chapter as to separate multiple dwelling apartment buildings, and except in the B-2 Highway Commercial and I Industrial Zones as long as the distance between any two such principal buildings on one lot (known herein as the "interior yard") shall be no less than 1/2 of the minimum side yard in that zone.
§ 275-14 Limitation on number of uses on a lot.
[Amended 4-23-1996 by Ord. No. 1747]
There shall be permitted no more than one principal use on each lot in any zoning district in the Borough of Hasbrouck Heights, except in the B-2 Highway Commercial and I Industrial Zones.
