Hillsdale City Zoning Code

The Schedule of Uses and Requirements shall be amended as follows:

Professional offices.

Retail businesses and personal service establishments in accordance with the Commercial (C) District.

Offices, banks, and fiduciary institutions.

Restaurants, except drive-in and drive-thru restaurants.

Medical and dental offices.

Multi-family housing above the ground floor.

Any combination of the above permitted uses.

Surface parking, limited to the rear of the building.

Signs.

Fences and walls.

Outdoor dining.

Building heights (maximum) - 3 stories and 40 feet.

Building Coverage (maximum) - 65%.

Lot Area (minimum) - 2 acres.

Front yard (minimum) - 10 feet.

Front yard (maximum) - 15 feet.

Side yard (minimum) - 25 feet.

Rear yard (minimum) - 25 feet.

Impervious coverage (maximum) - 80%.

Residential density (maximum) - 20 units per acre.

Retaining walls, sidewalks, walkways, fences, above-ground and underground utilities shall be permitted within the setbacks.

Any areas not paved shall be landscaped with a mix of deciduous and evergreen trees and low ground cover.

Parking areas with more than 20 spaces require one landscaped island for every 15 parking spaces, planted with trees and low ground cover.

A landscaped buffer of dense evergreen plantings no less than six feet in height and five feet in depth, and/or a six-foot-tall board-on-board fence shall be required on all lot lines to adjacent residential uses or zones and shall be used to screen off-street parking.

The architectural treatment of the front facade shall be continued in its major features around all visibly exposed sides of a building. All sides of a building facing a public street shall be architecturally designed to be consistent with regard to style, materials, colors and details.

Fenestration shall be architecturally compatible with the style, materials, colors and details of the building. Windows shall be vertically proportioned.

All entrances to a building shall be defined and articulated by architectural elements such as lintels, pediments, pilasters, columns, porticoes, porches, overhangs, railings, etc.

All rooftop mechanical equipment, inclusive of solar equipment, shall be screened from view from all vantage points at grade or below the roof.

Buildings shall avoid long, monotonous, uninterrupted walls or roof planes. Building wall offsets, including projections such as canopies and recesses shall be used in order to add architectural interest and variety and to relieve the visual effect of a simple, long wall. Similarly, in the case of a pitched roof, roofline offsets, dormers or gables shall be provided in order to provide architectural interest and variety to the massing of a building and to relieve the effect of a single, long roof.

The maximum spacing between building wall offsets shall be 50 feet.

The minimum projection or depth of any individual vertical offset shall be 1.5 feet.

The maximum spacing between roof offsets shall be 50 feet.

All ground-level retail and service uses that face a public space shall have clear glass on at least 60% of their facades between two and eight feet above grade.

Residential units shall have the following minimum unit sizes:

A maximum of 20% of the market-rate units may be three-bedroom units.

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

The affordable units shall have a minimum 30-year deed restriction. Any such affordable units shall comply with UHAC, applicable COAH affordable housing regulations, the Fair Housing Act, any applicable order of the Court, and other applicable laws.

The units shall meet the bedroom distribution required by the Uniform Housing Affordability Controls.

The units shall meet the low/moderate income split required by the Uniform Housing Affordability Controls and provide at least 13% of the units as very-low-income units as mandated by the Fair Housing Act.

The developer shall be responsible for retaining a qualified Administrative Agent at the developer's sole cost and expense for the lifetime of the deed restriction. This shall include the initial rental/sale of the unit and the ongoing compliance. The developer shall utilize the Borough's Administrative Agent or a Borough-approved equivalent.

The affordable units shall be family affordable units.

The developer shall be responsible for paying the required development fees as outlined by the Statewide Non-Residential Development Fee Act applicable to the non-residential portion of the development.

Development shall comply with Chapter 310, Article XXXIII Affordable Housing Regulations.

Professional Offices.

Retail businesses and personal service establishments in accordance with the Commercial (C) District.

Offices, banks, and fiduciary institutions.

Restaurants, except drive-in and drive-thru restaurants.

Medical and dental offices.

Multi-family housing above the ground floor.

Any combination of the above permitted uses.

Surface parking, limited to the rear of the building.

Signs.

Fences and walls.

Outdoor dining.

Building heights (maximum) - 3 stories and 40 feet.

Building Coverage (maximum) - 70%.

Lot Area (minimum) - 30,000 square feet.

Lot Frontage and width (minimum) - 100 feet.

Front yard (minimum) - 5 feet.

Front yard (maximum) - 15 feet.

Side yard (minimum) - 5 feet.

Rear yard (minimum) - 25 feet.

Impervious coverage (maximum) — 90%.

Residential density (maximum) - 25 units per acre.

Retaining walls, sidewalks, walkways, fences, above-ground and underground utilities shall be permitted within the setbacks.

Multiple principle structures shall be permitted on a single site.

Buildings shall be at least 20 feet apart.

All street frontages, regardless of building orientation, shall be treated as front yards with regard to setback requirements and parking prohibitions.

Any areas not paved shall be landscaped with a mix of deciduous and evergreen trees and low ground cover.

Parking areas with more than 20 spaces require one landscaped island for every 15 parking spaces, planted with trees and low ground cover.

A landscaped buffer of dense evergreen plantings no less than six feet in height and five feet in depth, and/or a six-foot-tall board-on-board fence shall be required on all lot lines to adjacent residential uses or zones and shall be used to screen off-street parking.

No curb cuts shall be permitted from Broadway. All parking shall be accessed from driveways along either Orchard Street and/or Park Avenue.

In the absence of lot consolidation, permanent access easements for all parcels must be created for parking lot access.

The architectural treatment of the front facade shall be continued in its major features around all visibly exposed sides of a building. All sides of a building facing a public street shall be architecturally designed to be consistent with regard to style, materials, colors and details.

Fenestration shall be architecturally compatible with the style, materials, colors and details of the building. Windows shall be vertically proportioned.

All entrances to a building shall be defined and articulated by architectural elements such as lintels, pediments, pilasters, columns, porticoes, porches, overhangs, railings, etc.

All rooftop mechanical equipment, inclusive of solar equipment, shall be screened from view from all vantage points at grade or below the roof.

Buildings shall avoid long, monotonous, uninterrupted walls or roof planes. Building wall offsets, including projections such as canopies and recesses shall be used in order to add architectural interest and variety and to relieve the visual effect of a simple, long wall. Similarly, in the case of a pitched roof, roofline offsets, dormers or gables shall be provided in order to provide architectural interest and variety to the massing of a building and to relieve the effect of a single, long roof.

The maximum spacing between building wall offsets shall be 50 feet.

The minimum projection or depth of any individual vertical offset shall be 1.5 feet.

The maximum spacing between roof offsets shall be 50 feet.

All ground-level retail and service uses that face a public space shall have clear glass on at least 60% of their facades between two and eight feet above grade.

Residential units shall have the following minimum unit sizes:

A maximum of 20% of the market-rate units may be three-bedroom units.

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

The affordable units shall have a minimum 30-year deed restriction. Any such affordable units shall comply with UHAC, applicable COAH affordable housing regulations, the Fair Housing Act, any applicable order of the Court, and other applicable laws.

The units shall meet the bedroom distribution required by the Uniform Housing Affordability Controls.

The units shall meet the low/moderate income split required by the Uniform Housing Affordability Controls and provide at least 13% of the units as very-low-income units as mandated by the Fair Housing Act.

The developer shall be responsible for retaining a qualified Administrative Agent at the developer's sole cost and expense for the lifetime of the deed restriction. This shall include the initial rental/sale of the unit and the ongoing compliance. The developer shall utilize the Borough's Administrative Agent or a Borough-approved equivalent.

The affordable units shall be family affordable units.

The developer shall be responsible for paying the required development fees as outlined by the Statewide Non-Residential Development Fee Act applicable to the non-residential portion of the development.

Development shall comply with Chapter 310, Article XXXIII Affordable Housing Regulations.

Townhomes (stacked flats, two over two).

Multifamily housing.

Senior/independent housing.

Lobby, sales, management, leasing offices.

Recreational facilities (indoor/outdoor).

Surface parking.

Communal dining areas for residents of senior/independent living.

Mail and package rooms.

Roof-mounted solar panels, electric vehicle charging stations, bike parking facilities.

Signs.

Fences and walls.

Building heights (maximum): three stories and 40 feet, however, parapets may exceed the maximum building height by up to four feet.

Building coverage (maximum): 55%.

Lot area (minimum): n/a.

Front yard (minimum): 15 feet.

Side yard (minimum): 10 feet.

Rear yard (minimum): 20 feet.

Impervious coverage (maximum): 80%.

Residential density (maximum): 28 units per acre.

Retaining walls, driveways, sidewalks, walkways, fences, and underground utilities shall be permitted within the setbacks.

Any areas not paved or used for buildings shall be landscaped with a mix of deciduous and evergreen trees and low ground cover.

Parking areas with more than 20 spaces require one landscaped island for every 15 parking spaces, planted with trees and low ground cover.

There shall be a minimum five-foot-wide planted buffer between any surface parking lot or internal driveway and ground-level dwelling units. The buffer shall consist of plantings adequate in size and number to deter access to residential windows as determined during site plan review.

A landscaped buffer of dense evergreen plantings no less than six feet in height and five feet in depth, and/or a six-foot-tall board-on-board fence shall be required on all lot lines adjacent to residential uses or zones and shall be used to screen off-street parking.

Any deviation from this Subsection H shall be considered a design waiver.

Building style. The architectural style permitted within this overlay district is limited to the following: the Second Empire, Stick-Eastlake, and Queen Anne architectural styles.

Primary architectural characteristics. All residential development shall meet at least two primary architectural characteristics.

The architectural treatment of the front facade shall be continued in its major features around all visibly exposed sides of a building. All sides of a building facing a public street shall be architecturally designed to be consistent with regard to style, materials, colors, and details.

Fenestration shall be architecturally compatible with the style, materials, colors, and details of the building. Windows shall be vertically proportioned.

All entrances to a building shall be defined and articulated by architectural elements.

All rooftop mechanical equipment shall be screened from view from all vantage points.

Residential units shall have the following minimum unit sizes:

A maximum of 20% of the market-rate units may be three-bedroom units.

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

The affordable units shall have at least a thirty-year deed restriction. Any such affordable units shall comply with UHAC, applicable COAH affordable housing regulations, the Fair Housing Act,[1] any applicable order of the Court, and other applicable laws.

The units shall meet the bedroom distribution required by the Uniform Housing Affordability Controls.

The units shall meet the low-/moderate-income split required by the Uniform Housing Affordability Controls and provide at least 13% of the units as very-low-income units as mandated by the Fair Housing Act.

The developer shall be responsible for retaining a qualified administrative agent at the developer's sole cost and expense for the lifetime of the deed restriction. This shall include the initial rental/sale of the unit and the ongoing compliance. The developer shall utilize the Borough's administrative agent or a Borough-approved equivalent.

Affordable units shall be constructed on-site and integrated throughout the development.

Development shall comply with Chapter 310, Article XXXIII, Affordable Housing Regulations.

Townhouses.

Affordable flats.

Off-street parking.

Fences and walls.

Refuse enclosures.

Minimum tract area - 32,750 square feet.

Minimum setback to the front lot line - six feet. For the purposes of this District, the front lot line shall be that portion of the property that coincides with the West Street right-of-way.

Minimum setback to the rear lot line - eight feet. For the purposes of this District, the rear lot line shall be the entire western lot line.

Minimum setback to the side lot line - six feet. For the purposes of this District, the side lot line shall be all other lot lines not identified as the front or rear lot lines.

Minimum front-to-front building setback - 28 feet.

Minimum side-to-side building setback - 10 feet.

Minimum parking setback from the front lot line - zero feet.

Minimum parking setback from all other property lines - five feet.

Maximum building height - three stories and 40 feet.

Maximum building coverage - 45%.

Maximum impervious coverage - 85%.

Maximum density - 24 units per acre up to a maximum of 18 units.

Retaining walls, walkways, fences, above-ground and underground utilities shall be permitted within the setbacks.

A minimum of 22% of all units shall be reserved for, and affordable to, low- and moderate-income households. Any fractional obligation shall be rounded up to the next whole number. The units shall be family units available to the general public and not restricted to any specific segment of the population and shall meet the low-moderate-income split required, by the Uniform Housing Affordability Controls ("UHAC") except in lieu of 10% of units at 35% of median income, the developer shall provide at least 13% of the units as very-low-income units at 30% of median income within each bedroom distribution if the affordable units are rental in tenure.

The affordable units shall have a minimum forty-year deed restriction. Any such affordable unit shall comply with UHAC, applicable COAH affordable housing regulations, the Fair Housing Act, any applicable order of the Court, and other applicable laws.

The units shall meet the bedroom distribution required by the UHAC.

The developer shall be responsible for retaining a qualified Administrative Agent, approved by the Borough, at the developer's sole cost and expense.

All necessary steps shall be taken to make the affordable units provided creditworthy pursuant to applicable law.

Affordable units shall comply with Chapter 310, Article XXXIII, Affordable Housing Regulations.

The architectural treatment of the front facade shall be continued in its major features around all visibly exposed sides of a building. All sides of a building facing a public street shall be architecturally designed to be consistent with regard to style, materials, colors and details.

Fenestration shall be architecturally compatible with the style, materials, colors and details of the building. Windows shall be vertically proportioned.

All entrances to a building shall be defined and articulated by architectural elements such as lintels, pediments, pilasters, columns, porticoes, porches, overhangs, railings, etc.

All rooftop mechanical equipment, inclusive of solar equipment, shall be screened from view from all vantage points at grade or below the roof.

Buildings shall avoid long, monotonous, uninterrupted walls or roof planes. Building wall offsets, including projections such as canopies and recesses, shall be used in order to add architectural interest and variety and to relieve the visual effect of a simple long wall. Similarly, in the case of a pitched roof, roofline offsets, dormers or gables shall be provided in order to provide architectural interest and variety to the massing of a building and to relieve the effect of a single long roof.

First floor projections for each unit, such as covered porches, overhangs, and similar architectural features, are permitted on front facades of buildings only. Said projection may not be greater than three feet from the facade.

Second floor projections for each unit with a maximum width of 14 feet and a maximum depth of two feet (24 inches) are permitted on the rear facades of buildings only. Said projections may reduce the minimum rear yard setback to six feet.

At-grade patios may be permitted on the rear facade of any building, provided that the patio is no less than five feet from any property line.

Each townhouse building in the complex shall have a compatible architectural theme with variations in design to provide attractiveness to the development, which shall include consideration of landscaping techniques, building orientation to the site and to other structures, topography, natural features and individual dwelling unit design, such as varying widths, staggering unit setbacks, providing different exterior materials, changing rooflines and roof designs, altering building heights and changing types of windows, shutters, doors, porches, colors and vertical or horizontal orientation of the facades, singularly or in combination for each dwelling unit. The reviewing body shall have the ultimate power to approve the architectural plans.

There shall be at least three different ridge line heights in each townhouse building, which shall vary by at least three feet. In any townhouse building, no more than two adjacent dwelling units shall have the same setback. Setbacks shall vary by at least three feet.

The following minimum number of parking spaces shall be provided:

All parking spaces shall measure no less than nine feet wide by 18 feet long.

Any areas not paved shall be landscaped with a mix of deciduous and evergreen trees and low ground cover.

Parking areas with 20 or more spaces require one landscaped island for every 15 parking spaces planted with trees and low ground cover. The ends of parking rows may count as a landscaped island, provided the landscaped area is at least nine feet wide by 18 feet long.

A landscaped buffer of dense evergreen plantings no less than six feet in height and four feet in depth, and/or a six-foot-tall board-on-board fence shall be required on all lot lines to adjacent residential uses or zones and shall be used to screen off-street parking.

All lighting shall comply with § 310-110. Lighting shall not exceed 0.2 footcandles at any property line.

All refuse shall comply with § 310-109. Refuse and recycling must be located either interior to a building in a designated refuse storage area or located outside of buildings at least 10 feet from any property line.

If located outside of buildings, trash and/or recycling facilities shall be screened by a solid fence at least six feet tall and adequately landscaped.