Single detached house used as a residence by not more than one family.

Public park or public recreation ground maintained and operated by the Borough and any other municipal structure or use.

Municipal structure, library, fire house or similar public structure or use operated by or for the Borough.

Private garage or other accessory structure customarily incidental to any use permitted by this subsection, provided that the accessory structure shall be on the same plot with the structure to which it is accessory and also provided that the accessory structure shall not be used for residence purposes.

The home professional office of an individual residing on the premises provided that no employees are engaged in connection with such use except that a physician or dentist may employ no more than two assistants. The office or studio must be an integral part of the principal structure accessory thereto and may occupy an area no greater than the equivalent of 1/3 of the area of one floor of the principal structure. A home professional or business office shall not include the office of any person professionally engaged in the purchase or sale of goods kept on the premises, nor shall it include a scientific laboratory. Instruction shall not be offered to more than two individuals at one time. Any occupation conducted in a home shall be clearly secondary to the use of the dwelling for living purposes and shall not change the character of the dwelling or give any exterior evidence of such secondary use, nor shall it increase the normal flow of traffic or off premise parking on any residential street. A sign for a home professional office is regulated in Article 26-700 of this chapter.

A driveway or walk used for access to a business use shall in no case be permitted as an accessory use.

Home occupation of an individual residing on the premises, provided that the use is conducted entirely within a single family dwelling unit that is used primarily as a residence and carried on only by the inhabitants thereof that is clearly not injurious to the character of the district in which it is located, including, but not limited to: dressmaking, tailoring or millinery; home cooking; art; musical instrument, voice or dance instruction limited to two pupils at one time; tutoring or teaching of academic or scientific subjects, limited to two pupils at one time; studio art, including painting, sculpting or drafting; computer related businesses; family day care homes. Specifically not included within the term home occupation are: clinics, barber shops, beauty parlors, manicurists, tea rooms, tourist homes, funeral parlors, mortuaries, animal hospitals, kennels and other similar uses.

Affordable Accessory Apartment.

House of worship.

Community residence and/or shelter pursuant to N.J.S.A. 40:55D-66.1 and 40:55D-66.2 that houses more than six residents exclusive of resident staff.

Public and private nonprofit day schools of elementary or high school grade accredited by the State Department of Education.

Satellite dish antennas.

Towers and antennas in accordance with subsection 26-502.8h.

Parks, playgrounds, forest preserves, botanical gardens, arboreta, conservatories, public swim clubs and similar open space.

Private golf courses and related accessory uses such as pro shop, tennis courts, club house, parking and maintenance structures.

Reservoir, watershed and/or storm water management.

Water treatment plants and related accessory uses to the plant such as laboratories, parking, and retention ponds. Only accessory garages and maintenance structures directly related to the plant are permitted.

Child care center pursuant to N.J.S.A. 40:55D-66.6.

Public restaurant housed in a permanent structure and provided that all patrons are served indoors. This excludes drive-ins, drive-thrus, fast food establishments, and other such eating places, all of which are expressly prohibited in the Borough.

Retail stores.

Business and professional offices, such as but not limited to agents' and brokers' offices, banks and trust companies, medical offices for doctors, dentists, and health therapists; professional offices and studios for accountants, attorneys, architects, engineers, and artists; and studios for the teaching of dance, drama, fine arts, language, music, photography; educational or charitable institutions, organizations, groups or individual.

Veterans' club, civic or community club.

Service establishments excluding motor vehicle storage, repair or service.

The shop of a tradesman, including but not limited to electrician, plumber, radio or television repair, bicycle sale and repair, printer, carpenter or cabinet maker.

Municipal structure, library, fire house or similar public structure or use operated by or for the Borough.

Public park or recreation ground maintained and operated by the Borough.

Post office operated by the U.S. Postal Service.

Child care center.

Satellite dish antennas.

Towers and antennas in accordance with subsection 26-502.8h.

Outdoor cafes, in accordance with, and subject to the restrictions contained in, Section 4-21 of the Revised General Ordinances.

A mixed-use development with a permitted "D"/Business Zone use on the ground level and residential uses on the second level. Such mixed-use developments would require site plan and conditional use approvals. The residential component of the mixed use will include an affordable component in an effort to meet the Borough's unmet need obligation. Mixed-use developments in the D Zone shall be subject to the conditional use requirements contained in Subsection 26-503.2e and f.

Affordability, Mixed-Use Developments.

Municipal structures and sites such as Borough Hall, police station, library, fire house, ambulance corps structure, Department of Public Works structures and yards, public schools, manmade parks, public plazas, and vacant land intended for similar potential future uses.

Garage or other accessory structure customarily incidental to any use permitted by this subsection, provided that the accessory structure shall be on the same plot with the structure to which it is accessory and also provided that the accessory structure shall not be used for residence purposes.

Plaza or passive outdoor space, the purpose of which is to conduct any of the conventional functions of the permitted uses by this subsection when weather permits them to be conducted outdoors.

Outdoor storage of materials that are incidental to any use permitted by this subsection. It is the objective of Haworth Borough to discourage outdoor storage of materials. Nevertheless, it is recognized as necessary in municipal use cases where indoor storage is impractical, and/or when rapid access to these materials might be required in emergency situations. Any outdoor storage of materials must be screened from the public right-of-way and from residential uses or property to the degree required by subsection 26-903.5.a of the Haworth code.

Same as Zone A

Municipally sponsored affordable housing complex

All uses permitted in Residence Zone A.

Townhouses.

Permitted accessory uses in the townhouse use are: private garage or other accessory use customarily incidental to townhouse use, including common open space and recreation facilities, provided that the accessory structure/use shall not be used for residential purposes.

Area, height and bulk regulations for townhouse use:

The development of the parcel shall conform to all other specifications, regulations and requirements of Chapter 26, Land Use Regulations, and Chapter 30, Affordable Housing.

Affirmative Marketing. The applicant shall market the affordable units in conformance with the Borough's adopted affirmative marketing plan.

No permit shall be issued for the erection or alteration of a residence structure unless the arrangement of the structure on the lot makes ample provision for either a garage, a prospective garage or a paved parking space with necessary driveway, adequate in size or width.

The total ground cover area of all accessory structures except swimming pools added to the main structure area shall not exceed the maximum building coverage permitted by the Limiting Schedule.[1]

An accessory structure at a distance of five feet from a property line shall not have a height in excess of eight feet, but may have an additional eight inches in height for each additional foot from the nearest property line; provided, however, that the height shall not exceed one and one-half (1-1/2) stories or 18 feet.

All accessory structures and uses shall be located on the same lot as the principal use they are intended to serve unless otherwise permitted by this chapter.

No construction permit shall be issued for any accessory structure prior to the issuance of a construction permit for the principal structure to be located on the same lot.

No accessory structure shall be located in a front yard, and all such structures shall be located at least five feet from a rear property line and five feet from a side property line.

No accessory structure shall be located within 10 feet of any other structure.

No more than two accessory structures shall be permitted on any lot in the Residence A and C zones.

The limitations imposed by this subsection upon the location of an accessory structure shall not apply when the accessory structure is incorporated as an integral part of the structure to which it is accessory. In such case, the location shall be governed by the Limiting Schedule and other sections of this chapter.

For the purpose of this section, swimming pools shall be considered as accessory structures and subject to all the requirements therefor, except that swimming pools shall be located a minimum of 10 feet from any property line.

No more than three vehicles shall be stored or parked in a private garage.

No principal or accessory structure shall be located in whole or part in any CEA land.

All single-family residential lots created after the adoption date of this chapter, shall contain at least 10,000 square feet in the Residential A Zone and 30,000 square feet in the Residential C Zone of contiguous non-CEA land with direct access to an existing or public street,

No development shall occur within 250 feet of the 100 year flood level of the Oradell Reservoir except accessory equipment, piping and similar apparatus essential to the operation of the water treatment plant.

Inasmuch as all surface waters within the Borough of Haworth ultimately drain into the Oradell Reservoir, which is the primary source of potable water for the Bergen, Rockland and Hudson Counties region, and since NJDEP promulgated extensive regulations guarding and protecting all Category One (C-1) anti-degradation waters within the State of New Jersey, the Borough of Haworth adopts those regulations in their current form and as they may be amended in the future. These regulations shall govern all Surface Waters within the Borough whether or not the State has categorized them as C-1 waters.

A swimming pool and appurtenances thereto shall not be constructed, installed, enlarged or altered until plans have been submitted and a permit has been obtained from the Construction Official.

The location of any private swimming pool shall be subject to the same requirements as an accessory structure, except that a pool shall be located a minimum of 10 feet from any property line.

Every person owning land on which there is situated a swimming pool that contains 24 inches or more of water in depth at any point, shall erect and maintain thereon an adequate enclosure either surrounding the property or pool area, sufficient to make such body of water inaccessible to small children. Such enclosure, including gates therein, must be not less than four feet above the underlying ground. All gates must be self-latching with latches placed four feet above the underlying ground and otherwise made inaccessible from the outside to small children.

The storage of materials, goods and supplies outside of a structure where permitted as an accessory use to a permitted use shall not be located within the front yard nor within 25 feet of a side or rear lot line, and no such outside storage shall be for the primary purpose of displaying merchandise for sale unless such outdoor display for sale is specifically permitted by this chapter in conjunction with the principal use.

In any residential district, not more than one commercial vehicle, limited to a one and one-half (1-1/2) ton capacity, may be stored on any lot, and then only in a private garage, provided the vehicle is used by the residents of the property on which it is stored. This truck storage shall be considered a permitted accessory use.

Vans and pick-up trucks not altered for commercial use under 8,000 pounds per maximum gross weight with or without commercial plates provided that any identification on the vehicle is limited to lettering on the door panel not to exceed three inches in height are permitted.

Every dwelling erected shall have one entire wall, without any intervening obstruction, face upon a public street.

No structure to be used as a dwelling shall be constructed or altered to the rear of a structure situated on the same lot. No structure shall be constructed in front of, or moved to the front of, a dwelling situated on the same lot.

In the residence zones, no fence, shrubs or other obstructions to visibility, exclusive of trimmed trees or existing structures, shall be built; planted or maintained upon a corner lot within 30 feet of any street intersection. Any existing obstruction of this character that, within the foregoing limits, curtails the view of drivers of vehicles approaching the intersection shall be removed by and at the expense of the owner of the corner lot.

Designation of Front Yard On Corner Lots. Any applicant for a permit to erect a new residence on a corner lot or to renovate an existing residence on a corner lot to the extent that such renovation would alter the exterior of the residence, shall, at the time of application for said permit, designate the street which the formal front entrance of the residence shall face ("designated front"). The designated front of a corner lot with an existing residence not subject to a permit application shall be deemed to be the street which the formal front of the residence faces. In the case of a corner lot fronting on two streets, the yard opposite the designated front shall be deemed the rear yard if applicable, and the remaining yard shall be deemed a side yard. In the case of a corner lot fronting on three streets, the lot shall have either a side yard or a rear yard depending on the designated front. If the yard opposite the designated front also fronts on a street, then the lot shall be deemed to have a side yard and no rear yard. If the yard opposite the designated front does not itself front on a street, then the lot shall be deemed to have a rear yard and no side yard. Notwithstanding the existence of a designated front, all yards fronting on a street will be required to meet minimum lot width and front yard setbacks and requirements.

A through lot shall have two side yards and two front yards but shall have no rear yard.

Definitions.

Applicability.

Locations Permitted. A communication tower shall be a permitted conditional use in the Zones A, C and E Residence Districts and the Zone D Business District within the Borough of Haworth, subject to the following conditions:

Application Procedure.

Maintenance and Abandonment.

Townhouses.

Stacked townhouses.

Minimum lot area: five acres.

Minimum lot depth: 300 feet.

Minimum setbacks [NOTE: For the purposes of setback requirements, the yards along Lake Shore Drive and Roden Way shall be considered front yards; the yards opposite such front yards shall be considered as rear yards; all other yards shall be considered as side yards.]:

Minimum distances between structures:

Maximum height of structure: 40 feet. [NOTE: Building height shall be measured as defined in § 26-301, except that the calculation shall be: 1) confirmed by the Board Engineer; and 2) one building on the property located not less than: 280 feet from the southern property line, 270 feet from the northerly property line and 240 feet from the westerly property line may be permitted an additional six inches in building height, for a total of 40 feet six inches.]

Maximum building coverage: 20%.

Maximum impervious lot coverage: 50%.

Maximum number of dwelling units: 41 units.

Minimum number of affordable units: nine units.

Parking shall be provided per RSIS standards.

For the townhouses, at least (1) parking space shall be provided in an enclosed garage; a second parking space may be provided in the driveway in front of the garage; parking for apartments and visitors may be provided in off-street spaces.

No fence or wall within the development shall exceed a height of six feet.

Fences along lot lines shall be set back a minimum of 0.5 foot from all property lines. Deer netting at a height of eight feet shall be provided along the north and west property boundaries at the discretion of the Planning Board.

"Patio" shall be defined as a level area covered by a hard surface that is located at grade level, directly adjacent to a principal building, and not covered by a permanent roof.

A minimum of nine dwelling units shall be set aside for occupancy by low- and moderate-income households, and all such units shall be family affordable units.

The bedroom and income mix and phasing shall comply with the requirements of the Uniform Housing Affordability Controls (N.J.A.C. 5:80-26.1 et seq.). At least 13% of the units shall be occupied by very-low-income households.

Such low- and moderate-income units shall be dispersed throughout the development and the exterior finishes and appearance shall be the same as that of the market-rate units.

Such units shall be restricted to low- and moderate-income households for a period of not less than 30 years. The developer shall be responsible for retaining a qualified administrative agent at the developer's sole cost and expense.

Existing Block 1800, Lot 1.

All that certain lot, piece or parcel of tract of land, situate and lying in the Borough of Haworth, County of Bergen and State of New Jersey. Being known and designated as All those Lots and part of Lots in Block Nos. 192, 193, 194, 195, 196, 197 and 198, on map entitled "Amended Map #2 of Hollywood Park Haworth, NJ," filed in the Bergen County Clerk's Office, dated April 15, 1929, as Map No. 2516, as follows:

Subject Property - Portion of Lot 1 to be included in Zone G and described as follows:

Affordable housing development as defined in § 30-1.3.

As described in the Borough's Settlement Agreement with the Fair Share Housing Center and the Borough's 2019 Housing Element and Fair Share Plan, the affordable housing development in Zone G, may include multiple uses. Multiple uses are permitted both within individual buildings, as well as within the subject property.

Additionally, Zone G is exempt from § 26-202.5. Multiple permitted principal structures are permitted in G Zone and on the subject property.

Below are the permitted principal uses that may be included in an affordable housing development in Zone G.

As defined in § 26-301, the subject property located in Zone G is a corner lot with frontages on both Massachusetts Avenue and Grant Street. Further as defined in § 26-301, the lot lines abutting both Massachusetts Avenue and Grant Street are front lot lines.

The subject property located in Zone G is exempt from the requirements of subsection 26-502.8.g.2, "Designation of Front Yard on Corner Lots." For purposes of this subsection, the Grant Street frontage and front lot line is considered the "designated" front lot line, and the lot line opposite the Grant Street front lot line is considered the rear lot line. The lot line opposite the Massachusetts Avenue front lot line is considered the side lot line.

Minimum lot area: 2.3 acres.

Minimum lot depth: 300 feet.

Minimum lot width: 300 feet.

Minimum setbacks:

For accessory buildings and structures:

For parking areas and drive aisles:

Minimum distances between buildings: 25 feet.

Maximum height of structure: 2.5 stories, 35 feet.

Maximum building coverage: 35%.

Maximum pavement coverage: 40%.

Maximum impervious lot coverage: 70%.

Maximum number of dwelling units: 35 units.

Eight family units.

Two age-restricted units.

Four supportive housing units.

Parking shall be provided per New Jersey Residential Site Improvement Standards (RSIS).

For the attached single family dwellings, at least one parking space shall be provided in an enclosed garage; a second parking space may be provided in the driveway in front of the garage; parking for stacked townhouses, apartments, group home and supportive housing units, age-restricted units, family affordable units, and visitors may be provided in off-street spaces.

No wall within the development shall exceed a height of six feet.

Fences shall conform to all requirements contained within subsection 26-902.1.

"Patio" and "Covered Porch" as used herein shall be defined as a level area covered by a hard surface that is located at grade level and attached to a principal building. Patios and covered porches may be covered by a permanent roof but shall not be enclosed.

Eight family units.

Two age restricted units.

Four supportive housing units.

The bedroom and income mix and phasing shall comply with the requirements of the Uniform Housing Affordability Controls ((UHAC); N.J.A.C. 5:80-26.1 et seq.)) and the requirements of the May 14, 2019 Settlement Agreement between the Borough and Fair Share Housing Center. At least 13% of the units shall be occupied by very-low-income households. Such low- and moderate-income units shall be dispersed throughout the development to the extent possible. Additionally, the exterior finishes and appearance shall be the same as that of the market-rate units. Such units shall be restricted to low- and moderate-income households for a period of not less than 30 years. The developer shall be responsible for retaining a qualified administrative agent at the developer's sole cost and expense. The provisions of § 30-1, Affordable Housing, shall apply.

Such use shall be specifically authorized as a conditional use in the district within which the site is located.

For every conditional use, the Board shall make a specific finding, supported by evidence produced at a public hearing in the manner provided by law, that such use will not be detrimental to the character of the neighborhood.

For every conditional use, the Board shall determine that there is adequate and appropriate access for the estimated traffic from public streets and sidewalks to ensure public safety and to avoid traffic congestion.

For every conditional use, the Board shall determine that adequate parking and off street truck loading spaces will be provided, in conformity with this chapter, for the anticipated number of occupants, employees and patrons, and that the layout of the parking spaces, truck loading spaces and interior driveways is convenient and conducive to safe operation.

For every conditional use, the Board shall require suitable plantings and/or fencing along side and rear lot lines adjacent to residential uses or districts.

A conditional use shall be further subject to the applicable specific requirements set forth at subsection 26-503.2 herein.

Lot area shall be twice the minimum lot area of the zone district within which it is located.

Setbacks shall be twice those required in the zone district within which it is located.

Off-street parking shall be provided as per the off-street parking requirements contained in this chapter.

Such buffer area as required in subsection 26-503.1.d.5 above shall be adequately landscaped and/or fenced as to provide an attractive visual screen.

The total number of residents, exclusive of staff, residing in any such community residence/shelter shall not exceed six.

The location of the nearest existing such community residence and/or shelter shall be no less than 1,500 feet from the proposed facility.

Total floor space in the residence shall be no less than 2,000 square feet for the six residents and an additional 150 square feet for each additional occupant.

The total common congregating area, e.g. living rooms, within the residence shall be no less than 400 square feet.

There shall be a separate bedroom for each resident staff member or, in the case of married staff members, for each married couple on the staff; additional bedroom area shall be no less than 75 square feet for each resident exclusive of staff.

There shall be no less than one bathroom facility for each four occupants or part thereof.

The structure has no structural characteristic that might or could adversely affect the health or safety of its residents.

The home is in compliance with all applicable State and Federal laws.

Off-street parking shall be provided as per the off street-parking requirements contained in this chapter.

Lot area shall be twice the minimum lot area of the zone district within which it is located.

Setbacks shall be twice those required in the zone district within which it is located.

Off-street parking shall be provided as per the off-street parking requirements contained in this chapter. There shall be no off-street parking in the front yard. Off-street parking in the side or rear yards shall not be closer than 15 feet to an adjacent residential property line or 10 feet from a nonresidential property line.

Such buffer area as required in subsection 26-503.1.d.5 above shall be adequately landscaped and/or fenced to provide an attractive visual screen.

No more than one such antenna is to be permitted per lot.

All satellite dish antennas located in residential zones shall be situated in rear or side yards and located not closer than 10 feet from any property line. All such antennas shall be suitably screened during all seasons of the year from neighboring properties and the public.

Nonresidential uses, shall be permitted to erect an antenna on the side or roof of a principal or accessory structure provided the antenna is suitably screened from public view. No antenna in a nonresidential zone shall be permitted in a front yard.

Ground mounted antennas shall not exceed 15 feet in height, and structure mounted antennas shall not exceed 12 feet in height above the main ridge of the roof of the structure. Pole mounted antennas shall not exceed the maximum structure height permitted for an accessory use in the zone in which it is located.

Dwelling units shall have a compatible architectural theme, with complementary variations in exterior design and color. This shall include varying building and/or facade orientation, modifying dwelling unit widths and heights, changing rooflines and altering color and fenestration patterns. All sides of a building facing a public street shall be architecturally designed to be consistent with regard to style, materials, colors and details.

The facades of apartment units in a group shall include variation in materials or design so that not more than two abutting apartments will have the same or essentially the same architectural treatment of facades and rooflines.

All building entrances shall include architectural elements, including but not limited to columns, porches, overhangs, etc.

It is the goal of this chapter to generate appropriately scaled development, promote buildings with architectural distinction and encourage environmental sustainability. Variations in design as well as establishing patterns of building widths and lots are encouraged. For the nonresidential component of the mixed use, conformity among signage and awnings is encouraged.

All rooftop mechanical equipment shall be located in the rear third of the roof area, except for corner lots in which case the mechanical equipment shall be located on the rear half of the roof area. This requirement shall be subject to the review of the Planning Board and the Borough Engineer as part of the site plan review process.

Mixed-use sites shall be designed to maximize available light, air and open space.

All applicable construction codes must be met.

The ground-floor use shall be a business or commercial use that is permitted in Business District D, as provided in Subsection 26-502.4a.

The second-floor use shall be residential dwelling units.

Maximum residential density of 12 units per acre.

The bulk regulations for the Business Zone D, as contained in the Limiting Schedule A[1] of the Borough Zoning Ordinance, shall be met, with the exception of minimum lot area, maximum permitted building height (feet and stories), and rear yard setback which shall be as required herein.

Minimum lot area: 20,000 square feet.

Maximum permitted building height (feet): 35 feet.

Maximum permitted building height (stories): 2.5 stories.

Minimum rear yard setback: 10 feet.

All parking requirements shall conform to § 26-903 of the Code of the Borough of Haworth, as well as the New Jersey Residential Site Improvement Standards.

If the residential units are rental units, 15% shall be reserved for affordable households. If the units are for sale, 20% shall be reserved for affordable units.