Ho Ho Kus City Zoning Code
ARTICLE IV
District Regulations
§ 85-8 Applicability.
A.
No building or land shall hereafter be used or occupied, and no building or part thereof shall be erected, moved or altered, unless in conformity with the regulations herein specified for the zoning district in which it is located.
B.
No building shall hereafter be erected or altered other than specified herein for the district in which such building is located:
C.
No part of a yard or other open space required about any building for the purpose of complying with the provisions of this chapter shall be included as a part of a yard or other open space similarly required for another building.
§ 85-9 R-1 Single-Family Residential District.
The following regulations shall apply in all R-1 Districts:
A.
Permitted uses.
(1)
Single-family detached dwellings and the accessory buildings and uses normally auxiliary thereto.
(3)
Private swimming pools as an accessory structure and as regulated by Chapter 67, Swimming Pools.
(4)
Municipally owned or operated facilities or uses.
(5)
Accessory structures.
(7)
Home occupations as an accessory use and as regulated by § 85-32.1 of this chapter.
[Added 7-27-1999 by Ord. No. 818]
(8)
Community residences for the developmentally disabled.
[Added 7-27-1999 by Ord. No. 819]
(9)
Community shelters for victims of domestic violence.
[Added 7-27-1999 by Ord. No. 819]
(10)
Community residences for the terminally ill.
[Added 7-27-1999 by Ord. No. 819]
(11)
Community residences for persons with head injuries.
[Added 7-27-1999 by Ord. No. 819]
D.
Minimum lot requirements.
E.
Minimum yard requirements, interior lots.
(1)
Front yard depth: 50 feet, except that where the existing buildings on the same side of the street and within 600 feet of either side line of the subject property form an existing setback line, new buildings shall conform to the existing setback line, provided that no building need have a front yard greater than 80 feet.
(2)
Side yard width. There shall be two side yards, and no side yard shall be less than 50 feet.
(3)
Rear yard depth: 50 feet.
F.
Minimum yard requirements, corner lots.
(1)
Front street yard depth: 50 feet, except that where the existing buildings on the same side of the street and within 600 feet of either side line of the subject property form an existing setback line, new buildings shall conform to the existing setback line, provided that no building need have a front yard greater than 80 feet.
(2)
Side street yard width: 50 feet.
(3)
Interior side yard width: 50 feet.
(4)
Rear yard depth: 50 feet.
G.
Minimum open space requirements.
(1)
Lot coverage shall not exceed 20% of lot area.
[Amended 7-16-2013 by Ord. No. 1024; 11-25-2014 by Ord. No. 1035]
(2)
Livable floor area for one-story dwellings shall not be less than 1,750 square feet, with 2,250 square feet for multistory dwellings, exclusive of garages, basements, open porches, livable attics and accessory buildings.
(3)
Improved lot coverage shall not exceed 25% of the land area of the lot.
[Added 2-28-1989 by Ord. No. 625; amended 7-16-2013 by Ord. No. 1024]
(4)
There shall be a minimum of 2,000 square feet of lot area for each bedroom provided in a dwelling.
[Added 7-27-1999 by Ord. No. 819]
(5)
Lot coverage by accessory buildings and structures shall not exceed 6% of lot area.
[Added 12-21-1999 by Ord. No. 821; amended 11-25-2014 by Ord. No. 1035]
(6)
First-floor gross floor area of accessory buildings shall not exceed 800 square feet per building.
[Added 12-21-1999 by Ord. No. 821]
(7)
Swimming pool improved lot coverage exception. A swimming pool up to 700 square feet is exempted from the maximum improved lot coverage calculation, subject to the installation of a seepage tank sized for draining the pool in accordance with the requirements of the Borough Engineer.
[Added 4-28-2009 by Ord. No. 953]
H.
Maximum building heights. No principal building shall exceed a height of 35 feet containing no more than 2 1/2 stories. No accessory building shall exceed a height of 15 feet containing no more than 1 1/2 stories.
[Amended 12-21-1999 by Ord. No. 821; 3-22-2005 by Ord. No. 897]
I.
Detached accessory building and structure setbacks. Minimum required distances to the following:
[Amended 12-21-1999 by Ord. No. 821]
J.
Projections into front yard for interior and corner lots. Roofed and unroofed entry platforms and/or associated stoops and steps not exceeding 35 square feet in area shall be permitted in the front yard setback area, provided that, in any single-family zone, such projection shall not extend into the required front yard setback area by more than eight feet.
[Added 7-16-2013 by Ord. No. 1024]
K.
Minimum graduated side yard setback requirements for second floor of dwellings. The minimum side yard setback for the second floor shall not be closer to a side lot line than 10 feet on one side where two side yards exist; the total of both side yard setbacks shall not be less than 40% of the lot width. In no case shall the combined side yard width total less than 20 feet.
[Added 7-16-2013 by Ord. No. 1024]
§ 85-10 R-2 Single-Family Residential District.
The following regulations shall apply in all R-2 Districts:
A.
Permitted uses.
(1)
Single-family dwellings and the accessory buildings and uses normally auxiliary thereto.
(3)
Private swimming pools as an accessory structure and as regulated by Chapter 67, Swimming Pools.
(4)
Municipally owned or operated facilities.
(5)
Accessory structures.
(6)
Home occupations as an accessory use and as regulated by § 85-32.1 of this chapter.
[Added 7-27-1999 by Ord. No. 818]
(7)
Community residences for the developmentally disabled.
[Added 7-27-1999 by Ord. No. 819]
(8)
Community shelters for victims of domestic violence.
[Added 7-27-1999 by Ord. No. 819]
(9)
Community residences for the terminally ill.
[Added 7-27-1999 by Ord. No. 819]
(10)
Community residences for persons with head injuries.
[Added 7-27-1999 by Ord. No. 819]
D.
Minimum lot area and dimensions.
(1)
The lot area shall not be less than 10,000 square feet and shall be computed within 145 feet of the front street line, except corner lots, which shall not have less than 12,000 square feet.
(2)
The lot frontage shall not be less than 75 feet.
(3)
The lot width shall not be less than 60 feet.
(4)
The lot depth shall not be less than 100 feet.
E.
Minimum yard requirements, interior lots.
(1)
Front yard depth: 30 feet, except that where the existing buildings on the same side of the street and within 200 feet of either side line of the subject property form an existing setback line, new buildings shall conform to the existing setback line, provided that no building need have a front yard greater than 50 feet.
(2)
Side yard width. There shall be two side yards, and no side yard shall be less than 10 feet.
(3)
Rear yard depth: 30 feet.
F.
Minimum yard requirements, corner lots.
(1)
Front street yard depth: 30 feet, except that where the existing buildings on the same side of the street and within 200 feet of either side line of the subject property form an existing setback line, new buildings shall conform to the existing setback line, provided that no building need have a front yard greater than 50 feet.
(2)
Side street yard width: 30 feet.
(3)
Interior side yard width: 10 feet.
(4)
Rear yard depth: 30 feet.
G.
Minimum open space requirements.
(1)
Lot coverage shall not exceed 20% of lot area..
[Amended 2-28-1989 by Ord. No. 625; 7-16-2013 by Ord. No. 1024; 11-25-2014 by Ord. No. 1035]
(2)
Livable floor area for one-story dwellings shall not be less than 1,200 square feet and 1,600 square feet for multistory dwellings, exclusive of garages, basements, open porches, livable attics and accessory buildings. No building shall be constructed unless the second floor thereof shall contain at least 75% of the cubic contents of the first floor. For the purpose of this article, a split-level home shall be considered as a two-story house.
(3)
Improved lot coverage shall not exceed 35% of the area of the lot.
[Added 2-28-1989 by Ord. No. 625; amended 7-16-2013 by Ord. No. 1024]
(4)
There shall be a minimum of 2,000 square feet of lot area for each bedroom provided in a dwelling.
[Added 7-27-1999 by Ord. No. 819]
(5)
Lot coverage by accessory buildings and structures shall not exceed 6% of lot area.
[Added 12-21-1999 by Ord. No. 821; amended 11-25-2014 by Ord. No. 1035]
(6)
First-floor gross floor area of accessory buildings shall not exceed 800 square feet per building.
[Added 12-21-1999 by Ord. No. 821]
(7)
Swimming pool improved lot coverage exception. A swimming pool up to 700 square feet is exempted from the maximum improved lot coverage calculation, subject to the installation of a seepage tank sized for draining the pool in accordance with the requirements of the Borough Engineer.
[Added 4-28-2009 by Ord. No. 953]
H.
Maximum building heights. No principal building shall exceed a height of 35 feet containing no more than 2 1/2 stories. No accessory building shall exceed a height of 15 feet containing no more than 1 1/2 stories.
[Amended 12-21-1999 by Ord. No. 821; 3-22-2005 by Ord. No. 897]
J.
Projections into front yard for interior and corner lots. Roofed and unroofed entry platforms and/or associated stoops and steps not exceeding 35 square feet in area shall be permitted in the front yard setback area, provided that, in any single-family zone, such projection shall not extend into the required front yard setback area by more than eight feet.
[Added 7-16-2013 by Ord. No. 1024]
K.
Minimum graduated side yard setback requirements for second floor of dwellings. The minimum side yard setback for the second floor shall not be closer to a side lot line than 10 feet on one side where two side yards exist; the total of both side yard setbacks shall not be less than 40% of the lot width. In no case shall the combined side yard width total less than 20 feet.
[Added 7-16-2013 by Ord. No. 1024]
§ 85-10.1 R-2A Single-Family Residential District.
[Added 4-25-2017 by Ord. No. 2017-04]
The following regulations shall apply in all R-2A Districts:
A.
Permitted uses.
(1)
Single-family dwellings and the accessory buildings and uses normally auxiliary thereto.
(3)
Private swimming pools as an accessory structure and as regulated by Chapter 67, Swimming Pools.
(4)
Municipally owned or operated facilities.
(5)
Accessory structures including but not limited to detached sheds, cabanas, gazebos, built-in barbecues, carports and canopies.
D.
Minimum lot area and dimensions shall comply with the following standards.
(1)
The lot area shall not be less than 7,500 square feet.
(2)
The lot frontage shall not be less than 60 feet, except a minimum lot frontage or width can be reduced to a minimum of 20 feet if all of the following are provided:
(a)
Said lot is developed to be served by a public street for primary roadway access.
(b)
The lot using this reduced frontage arrangement shall be a reduced frontage lot as configured in the settlement agreement identified herein, although the lots with reduced frontage may be further adjusted subject to the requirements of this zone. Such a reduced frontage configuration is to foster this specific settlement agreement noted in this amendment since the municipality has a long standing prohibition on flag lot arrangements.
(c)
Served by a paved driveway with a minimum width of 11 feet where serving one lot or a minimum of 16 feet should the driveway serve more than one lot by a shared driveway easement.
(d)
The depth of the portion of the lot permitted at the reduced lot frontage measured from the front lot line, wherein the width is less than the required lot width of 60 feet, shall be no greater than 145 feet from the front lot line.
(e)
No principal or accessory buildings or structures shall be permitted in this reduced portion (less than 60 feet in width), referenced herein.
(3)
The lot width shall not be less than 48 feet.
(4)
The lot depth shall not be less than 80 feet.
(5)
The front door location on a principal residential structure on a lot in this zone shall not prescribe the identification of a front, rear or side yard.
(6)
The area of an easement on a lot shall not reduce the area of the lot for purposes of calculating the regulatory criteria of this zone.
G.
Minimum open space requirements.
(1)
Total lot coverage shall not exceed 30% of the total lot area. The total lot coverage can be increased an additional 5% only for conforming accessory buildings.
(2)
Lot coverage by accessory buildings and structures shall not exceed 15% of lot area.
(3)
Total improved lot coverage shall not exceed 60% of the area of the lot, except an additional 10% is permitted but must use pervious pavement or composition of materials with a rate of permeability that will not result in an increase in runoff from the existing pervious surface conditions, subject to the approval of the designated municipal official. In the case of pavers, the applicant shall show that the pavement materials or a composition of materials are specifically designed for enhanced permeability through the use of wide gaps between pavers or open spaces created by the paving that are filled with gravel (not sand) or of sufficient composition to permit and maintain porosity. In the case of pervious asphalt or concrete, the mix design shall be specifically designed, prepared and installed for high permeability by a firm or firms with experience in the same. Additionally, the applicant must demonstrate there is sufficient soil infiltration below said pervious pavement for the system to function.
(4)
Livable floor area for one-story dwellings shall not be less than 1,000 square feet and 1,500 square feet for multistory dwellings, exclusive of garages, basements, open porches, livable attics and accessory buildings.
(5)
There shall be a minimum of 1,500 square feet of lot area for each bedroom provided in a dwelling.
(6)
First-floor gross floor area of accessory buildings shall not exceed 1,000 square feet per building.
(7)
Swimming pool improved lot coverage exception. A swimming pool is permitted to exceed the maximum improved lot coverage calculation up to a total of 700 square feet. The area of the pool that exceeds the total lot coverage calculation shall be subject to the installation of a seepage tank sized for draining the pool in accordance with the requirements of the Borough Engineer.
H.
Maximum floor area ratio.
(1)
The maximum floor area ratio (FAR) for a principal structure on a lot or lots that make a single tract for development shall not be more than 40% for the first 10,000 square feet of lot area. The portions of a lot greater than 10,000 square feet, the following additional floor area shall be permitted:
(a)
For the area of a lot greater than 10,000 square feet and up to 20,000 square feet, a maximum twenty-percent FAR calculation is permitted for such area. This additional floor area shall be added to the total permitted floor area calculated by the FAR for the first 10,000 square feet of lot area.
(b)
For the area of a lot greater than 20,000 square feet, a maximum ten-percent FAR calculation is permitted for such area. This additional floor area shall be added to the total permitted floor area calculated by the FAR for the first 20,000 square feet of lot area as noted herein.
(2)
The FAR calculations of this section shall exclude the area of a typical two-car garage (limited to a maximum of 600 square feet), basements, open porches, attics and accessory buildings. If more than a two-car garage is proposed, the area above the two-car garage limit shall be added to the FAR calculation.
I.
Maximum building height. No principal building shall exceed a height of 35 feet containing no more than 2 1/2 stories. No accessory building shall exceed a height of 25 feet containing no more than two stories. The accessory building second-story interior floor area where the floor to ceiling height is five feet or greater shall not exceed more than 75% of the total floor area of the first story of the accessory structure.
J.
Detached accessory building and structure setbacks. Minimum distances to the following:
(1)
Principal building and each other: eight feet.
(2)
Front street: 25 feet.
(3)
Side street: 25 feet.
(4)
Interior lot side line: five feet, except that setback adjacent to an existing R-2 lot shall be 10 feet.
(5)
Interior lot rear line: five feet, except that setback adjacent to an existing R-2 lot shall be 10 feet.
(6)
Corner lot side line: five feet, except that side setback adjacent to an existing R-2 lot shall be 10 feet.
(7)
Corner lot rear line: five feet.
K.
Projections into front yard for interior and corner lots. Roofed and unroofed entry platforms and/or associated stoops and steps not exceeding 35 square feet in area shall be permitted in the front yard setback area, provided that in any single-family zone, such projection shall not extend into the required front yard setback area by more than eight feet.
L.
Retaining walls requirements. The maximum height of a retaining wall is six feet. Shall a series of terraced retaining walls be proposed within 10 feet or less, then a landscaped terrace of a minimum width of four feet shall be provided. Where a retaining wall is adjacent to a lot line contiguous with the R-2 Zone, retaining walls four feet or less in height shall have a one-foot offset from a contiguous lot line. Should a retaining wall exceed four feet in height or if terraced where the adjacent wall is within 10 feet or less from the face of each wall, the closest wall to an adjacent lot line shall be set back a minimum of two feet plus one foot of setback for every one-foot vertical wall height of the closest wall, and the setback shall be landscaped for screening.
M.
The right angle or radial lot line requirements contained in § 32B-10A(5)(b) shall not be applicable to the subdivision of lots in the R-2A Zone District.
§ 85-11 R-3 Single-Family Residential District.
The following regulations shall apply in all R-3 Districts:
A.
Permitted uses.
(1)
Single-family dwelling and the accessory buildings and uses normally auxiliary thereto.
(3)
Private swimming pools as an accessory structure and as regulated by Chapter 67, Swimming Pools.
(4)
Municipally owned or operated facilities or uses.
(5)
Accessory structures.
(6)
Home occupations as an accessory use and as regulated by § 85-32.1 of this chapter.
[Added 7-27-1999 by Ord. No. 818]
(7)
Community residences for the developmentally disabled.
[Added 7-27-1999 by Ord. No. 819]
(8)
Community shelters for victims of domestic violence.
[Added 7-27-1999 by Ord. No. 819]
(9)
Community residences for the terminally ill.
[Added 7-27-1999 by Ord. No. 819]
(10)
Community residences for persons with head injuries.
[Added 7-27-1999 by Ord. No. 819]
D.
Minimum lot area and dimensions.
(1)
The lot area shall not be less than 6,500 square feet and shall be computed within 120 feet of the front street lot line, except corner lots, which shall not be less than 7,800 square feet.
(2)
The lot frontage shall not be less than 60 feet.
(3)
The lot width shall not be less than 48 feet.
(4)
The lot depth shall not be less than 80 feet.
E.
Minimum yard requirements, interior lots.
(1)
Front yard depth: 30 feet, except that where the existing buildings on the same side of the street and within 200 feet of either side line of the subject property form an existing setback line, new buildings shall conform to the existing setback line, provided that no building need have a front yard greater than 50 feet.
(2)
Side yard width. There shall be two side yards, and no side yard shall be less than 10 feet.
[Amended 2-28-1989 by Ord. No. 625]
(3)
Rear yard depth: 30 feet.
F.
Minimum yard requirements, corner lots.
(1)
Front street yard depth: 30 feet, except that where the existing buildings on the same side of the street and within 200 feet of either side line of the subject property form an existing setback line, new buildings shall conform to the existing setback line, provided that no building need have a front yard greater than 50 feet.
(2)
Side street yard width: 30 feet.
(3)
Interior side yard width: 10 feet.
[Amended 2-28-1989 by Ord. No. 625]
(4)
Rear yard depth: 30 feet.
G.
Minimum open space requirements.
(1)
Lot coverage shall not exceed 25% of lot area.
[Amended 2-28-1989 by Ord. No. 625; 7-16-2013 by Ord. No. 1024; 11-25-2014 by Ord. No. 1035]
(2)
Livable floor area for one-story dwellings shall not be less than 1,000 square feet and 1,500 square feet for multilevel dwellings, exclusive of garages, basements, open porches, livable attics and accessory buildings.
(3)
Improved lot coverage shall not exceed 45% of the area of the lot.
[Added 2-28-1989 by Ord. No. 625; amended 7-16-2013 by Ord. No. 1024]
(4)
There shall be a minimum of 2,000 square feet of lot area for each bedroom provided in a dwelling.
[Added 7-27-1999 by Ord. No. 819]
(5)
Lot coverage by accessory buildings and structures shall not exceed 7.5% of lot area.
[Added 12-21-1999 by Ord. No. 821; amended 11-25-2014 by Ord. No. 1035]
(6)
First-floor gross floor area of accessory buildings shall not exceed 800 square feet per building.
[Added 12-21-1999 by Ord. No. 821]
(7)
Swimming pool improved lot coverage exception. A swimming pool up to 450 square feet is exempted from the maximum improved lot coverage calculation, subject to the installation of a seepage tank sized for draining the pool in accordance with the requirements of the Borough Engineer.
[Added 4-28-2009 by Ord. No. 953]
H.
Maximum building heights. No principal building shall exceed a height of 35 feet containing no more than 2 1/2 stories. No accessory building shall exceed a height of 15 feet containing no more than 1 1/2 stories.
[Amended 12-21-1999 by Ord. No. 821; 3-22-2005 by Ord. No. 897]
J.
Projections into front yard for interior and corner lots. Roofed and unroofed entry platforms and/or associated stoops and steps not exceeding 35 square feet in area shall be permitted in the front yard setback area, provided that, in any single-family zone, such projection shall not extend into the required front yard setback area by more than eight feet.
[Added 7-16-2013 by Ord. No. 1024]
K.
Minimum graduated side yard setback requirements for second floor of dwellings. The minimum side yard setback for the second floor shall not be closer to a side lot line than 10 feet on one side where two side yards exist; the total of both side yard setbacks shall not be less than 40% of the lot width. In no case shall the combined side yard width total less than 20 feet.
[Added 7-16-2013 by Ord. No. 1024]
§ 85-12 R-4 Two-Family Residential District.
The following regulations shall apply in all R-4 Districts:
A.
Permitted uses.
(1)
Two-family dwellings and the accessory buildings and uses normally auxiliary thereto.
(2)
Single-family dwellings which shall meet the requirements of R-3 Districts.
(4)
Private swimming pools as an accessory structure and as regulated by Chapter 67, Swimming Pools.
(5)
Municipally owned or operated facilities or uses.
(6)
Accessory structures.
(7)
Home occupations as an accessory use and as regulated by § 85-32.1 of this chapter.
[Added 7-27-1999 by Ord. No. 818]
(8)
Community residences for the developmentally disabled.
[Added 7-27-1999 by Ord. No. 819]
(9)
Community shelters for victims of domestic violence.
[Added 7-27-1999 by Ord. No. 819]
(10)
Community residences for the terminally ill.
[Added 7-27-1999 by Ord. No. 819]
(11)
Community residences for persons with head injuries.
[Added 7-27-1999 by Ord. No. 819]
D.
Minimum lot area and dimensions.
E.
Minimum yard requirements, interior lots.
(1)
Front yard depth: 30 feet, except that where the existing buildings on the same side of the street and within 200 feet of either side line of the subject property form an existing setback line, new buildings shall conform to the existing setback line, provided that no building need have a front yard greater than 50 feet.
(2)
Side yard width. There shall be two side yards, and no side yard shall be less than 10 feet.
(3)
Rear yard depth: 30 feet.
F.
Minimum yard requirements, corner lots.
(1)
Front street yard depth: 30 feet, except that where the existing buildings on the same side of the street and within 200 feet of either side line of the subject property form an existing setback line, new buildings shall conform to the existing setback line, provided that no building need have a front yard greater than 50 feet.
(2)
Side street yard width: 30 feet.
(3)
Interior side yard width: 10 feet.
(4)
Rear yard depth: 30 feet.
G.
Minimum open space requirements.
(1)
Lot coverage by principal and accessory buildings shall not exceed 30% of the land area of any lot.
(2)
Livable floor area shall not be less than 1,000 square feet per dwelling unit, exclusive of garages, basements, open porches, livable attics and accessory buildings.
(3)
There shall be a minimum of 2,000 square feet of lot area for each bedroom provided in a dwelling.
[Added 7-27-1999 by Ord. No. 819]
(4)
Lot coverage by accessory buildings and structures shall not exceed 30% of permitted improved lot coverage.
[Added 12-21-1999 by Ord. No. 821]
(5)
First-floor gross floor area of accessory buildings shall not exceed 800 square feet per building.
[Added 12-21-1999 by Ord. No. 821]
H.
Maximum building heights. No principal building shall exceed a height of 35 feet containing no more than 2 1/2 stories. No accessory building shall exceed a height of 15 feet containing no more than 1 1/2 stories.
[Amended 12-21-1999 by Ord. No. 821; 3-22-2005 by Ord. No. 897]
§ 85-12.1 R-5 Planned Residential Townhouse District.
[Added 12-11-1985 by Ord. No. 589]
The following regulations shall apply in all R-5 Districts:
A.
Permitted uses shall be as follows:
(1)
Single-family dwellings which shall meet the requirements of R-1 Districts.
(2)
Townhouses, in a planned arrangement, including driveways, walkways, parking areas, recreational facilities or areas and open spaces, either landscaped or remaining in a natural state, and buffer areas, established under common ownership and maintenance. There may be private patios or yard areas, but all exterior spaces as well as building exteriors shall be subject to a common maintenance agreement.
(4)
Private swimming pools as an accessory structure and as regulated by Chapter 67, Swimming Pools.
(5)
Municipally owned or operated facilities or uses.
(6)
Accessory structures, including recreational facilities for the townhouse residents such as tennis courts and community buildings.
(7)
Home occupations as an accessory use and as regulated by § 85-32.1 of this chapter.
[Added 7-27-1999 by Ord. No. 818]
(8)
Community residences for the developmentally disabled.
[Added 7-27-1999 by Ord. No. 819]
(9)
Community shelters for victims of domestic violence.
[Added 7-27-1999 by Ord. No. 819]
(10)
Community residences for the terminally ill.
[Added 7-27-1999 by Ord. No. 819]
(11)
Community residences for persons with head injuries.
[Added 7-27-1999 by Ord. No. 819]
E.
Density. Maximum density shall be four dwelling units per acre, calculated on the basis of total site area. For Block 54B, Lot 1-B, comprising 9.6 acres more or less, no more than 38 units shall be developed. For Lot 1-A, comprising 1.0 acre more or less, no additional units shall be permitted, but this lot may be used for supporting facilities and to contribute to open space and other requirements for a development on Lot 1-B.
H.
Minimum open space requirements.
(1)
Lot coverage by principal and accessory buildings shall not exceed 20% of the land area of the tract.
(2)
Wetlands shall be preserved in their natural state and sufficient open space shall be provided for floodwater detention so that there will be zero increase in the rate of runoff from the site before and after development. No soil disturbance or land filling shall take place below elevation 112 feet unless approved by the United States Army Corps of Engineers and the New Jersey Department of Environmental Protection, so that existing wetlands will be preserved and no additional flood hazard caused to adjoining areas.
(3)
There shall be a minimum of 2,000 square feet of lot area for each bedroom provided in a dwelling.
[Added 7-27-1999 by Ord. No. 819]
I.
Buffer areas. Buffer areas at least 10 feet in width shall be provided, or existing vegetation preserved in its natural state if this forms a visual screen, on all lot lines adjoining residential zones, excluding public streets or roads.
J.
Noise barriers. Noise barriers shall be erected, along frontage on Route 17 and, if Block 54B, Lot 1-B is developed for townhouses but the site is not consolidated with Lot 1-A, along the westerly lot line of Lot 1-B. The developer shall be allowed a time period of up to 24 months to pursue a request to the New Jersey Department of Transportation to erect such barrier, but if this is not done, the developer shall provide the barrier, in the form of a berm at least 12 feet in height, with evergreen trees placed on top of the berm, at least six feet in height and 10 feet on center, in a staggered pattern. A planting strip right-of-way of at least 40 feet in width shall be dedicated to the Borough along Route 17, which strip may include the required noise barrier.
K.
Maximum height of buildings. No principal building shall exceed a height of 35 feet or exceed three stories. No detached accessory building shall exceed 3/4 the height of the principal buildings.
L.
Design limitations.
(1)
Individual planned residential townhouse development units may be combined into one building, provided that said overall structure shall not contain more than six units.
(2)
No such group of units shall exceed a length of 180 feet.
(3)
No more than four adjacent units shall be constructed without providing a staggered front building wall offset of not less than four feet.
(4)
Each unit shall not have less than two means of ingress and egress into each dwelling unit.
(5)
Each unit shall have no less than two walls with window exposure.
(6)
Each unit shall be separated by masonry party walls extending to the roof rafters, with a soundproofing equivalent to eight-inch-thick concrete block.
(7)
A minimum of two smoke detectors are to be provided in each dwelling unit.
O.
Driveways. The right-of-way and pavement widths of all internal driveways shall be adequate in size and location to accommodate the maximum anticipated traffic and access of fire-fighting and police vehicles. Minimum paved width shall be 12 feet for a one-way driveway and 20 feet for a two-way driveway.
P.
Interior streets or driveways are to be owned and maintained by the developer or any owner's association, but with the Borough police having written approval to patrol and prohibit parking on interior streets or driveways.
Q.
Access drives and parking areas shall be developed according to Borough specifications for paving and curbs, as related to driveways and parking areas.
R.
No access drives or parking spaces shall be closer than 10 feet to a building, except where parking is under or within a building.
S.
Lighting. All exterior lighting shall be arranged so as to reflect the light away from all adjoining premises.
T.
All electric, telephone and cable television lines are to be underground.
U.
Landscaping. Attractive landscape plantings shall be provided and maintained, and existing trees shall be retained wherever possible.
§ 85-12.2 Multifamily Affordable Housing District.
[Added 9-26-2017 by Ord. No. 2017-11]
A.
Purpose. To address its affordable housing obligation in compliance with settlement agreements entered into with Fair Share Housing Center, Chamberlain Developers, Inc., and Jonathan L. Mechanic (d.b.a. Ho-Ho-Kus Crossings) on December 21, 2016, and January 5, 2017, the Borough shall rezone the property at Block 1014, Lots 1 and 2, also known as the Borough-owned commuter parking lot, to permit a multifamily, one-hundred-percent affordable residential development with at least 13 units affordable to very-low-, low-, and moderate-income households. Such development permitted by this section must be compliant with the settlement agreements, the rules at N.J.A.C. 5:93-1 et seq. ("COAH's Second Round rules"),[1] the Borough's Affordable Housing Ordinance at Chapter 2 of the Borough Code, the Uniform Housing Affordability Controls (UHAC) at N.J.A.C. 5:80-1 et seq., and the statutory requirement for the provision of very-low-income housing at N.J.S.A. 52:27D-329.1 et seq.
[1]
Editor's Note: The regulations in N.J.A.C. 5:93 expired October 16, 2016.
B.
Permitted uses in the MF-AH Zone District shall be limited to the following:
(1)
One-hundred-percent affordable multifamily residential development, provided the following:
(a)
The multifamily affordable development permitted by this district must contain no fewer than 13 dwelling units, all of which must be affordable to very-low-, low-, and moderate-income households; and
(b)
The affordable unit(s) must be created and administered in accordance with the regulating documents identified in § 85-12.2A, Purpose, of this district; and
(c)
Not more than three of the 13 units may be restricted to persons with special needs; and
(d)
Of the remaining 10 units, not more than three units may be one-bedroom units, at least four units must be two-bedroom units, and at least three units must be three-bedroom units; and
(e)
No units may be age-restricted.
C.
Accessory uses.
(1)
Private residential garage and off-street parking, in accordance with § 85-36, Off-street parking and loading, of the Zoning chapter, except where it is superseded by the provisions in this district.
(2)
Decks, balconies and porches.
(3)
Sheds for tools and equipment for the maintenance of the grounds.
(4)
Indoor and outdoor recreation and activity uses for residents and their guests.
(7)
Satellite antenna less than one meter in diameter.
(8)
Other customary accessory uses and structures which are clearly incidental to the principal structures and uses.
H.
Maximum building height: four stories.
§ 85-13 GB General Business District.
The following regulations shall apply in all GB Districts:
A.
Permitted uses. The GB Zone District shall be limited to include the following:
(1)
Single-family and two-family residences, except apartments located over, under or in business establishments. Single-family dwellings shall meet all requirements of R-3 Districts. Two-family residences shall meet all requirements of R-4 Districts.
(2)
Wholesale trade, including automotive equipment, dry goods and apparel and electrical goods stores.
(3)
Retail trade, including paint, glass and wallpaper stores; hardware stores; limited price variety stores; general stores, grocery stores and delicatessens; meat and fish markets; fruit stores and vegetable stores; confectionery stores; dairy products stores; retail bakeries; clothing stores; women's accessory and specialty stores; shoe stores; custom tailors; furriers and fur shops; furniture, home furnishings and equipment stores; household appliance stores; radio, television and music stores; drugstores; liquor stores; antique stores; sporting goods stores; bicycle shops; florists; camera stores; gift shops; beauty parlors; travel agents; floor covering stores; medical supplies stores; drapery, curtain and upholstery stores; insurance agents; and printing and copying stores.
[Amended 3-24-1998 by Ord. No. 796; 12-16-2003 by Ord. No. 882; 3-23-2010 by Ord. No. 960; 5-24-2011 by Ord. No. 987; 7-26-2011 by Ord. No. 993]
(4)
Finance, insurance and real estate services, including savings and loan associations, insurance agents and carriers, real estate agents and banks.
(5)
Personal services, including dry-cleaning establishments, photographic studios, beauty shops, barbershops, shoe repair shops, spa/nail salon establishments and pet grooming establishments.
[Amended 12-16-2003 by Ord. No. 882]
(6)
Medical, health and legal services, including professional offices of physicians, dentists, lawyers and veterinarians.
(7)
Other professional services, including engineering, architectural and planning services; nonprofit educational and scientific research agencies and accounting services.
(8)
Post offices, libraries, churches, parking lots and civic associations.
(9)
Accessory buildings and accessory uses normally auxiliary thereto.
(10)
Clubs.
(11)
Community residences for the developmentally disabled.
[Added 7-27-1999 by Ord. No. 819]
(12)
Community shelters for victims of domestic violence.
[Added 7-27-1999 by Ord. No. 819]
(13)
Community residences for the terminally ill.
[Added 7-27-1999 by Ord. No. 819]
(14)
Community residences for persons with head injuries.
[Added 7-27-1999 by Ord. No. 819]
(15)
Health clubs.
[Added 6-27-2000 by Ord. No. 829]
(16)
Business offices.
[Added 10-27-2015 by Ord. No. 1041]
B.
Conditional uses requiring a special permit as provided in Article VIII:
(1)
Public utility facilities or uses.
(2)
Automotive service stations.
(3)
County, state or federal facilities or uses.
(5)
Churches.
(6)
Wireless communications towers and antennas and associated facilities.
[Added 4-23-2002 by Ord. No. 846]
(7)
Restaurants, except lunch wagons, diners, road stands or any eating place seating less than 25 people or rendering service other than inside the premises where the business is conducted, unless operating as a licensed outdoor cafe. A restaurant shall not be located on a lot that is contiguous or adjacent to a single-family residential zone.
[Added 5-24-2011 by Ord. No. 987; amended 7-26-2011 by Ord. No. 993]
C.
Prohibited uses. Any uses other than those uses permitted by Subsection A or B are prohibited. Without in any way limiting the generality and prohibition of this section, nothing contained in this chapter shall be construed to permit the following uses in any GB District:
(1)
New or used car lots.
(2)
Places of amusement such as penny arcades, shooting galleries or buildings or structures containing games of chance or other types of carnival enterprises such as palmistry, phrenology, astrology and the like.
(3)
Lots used for sale, rental or storage of cars, machinery, motorcycles, boats, camping vehicles and trailers of any description shall not be permitted.
(4)
Drive-in restaurants, fast-food restaurants, quick-service restaurants or other eating places, such as lunch wagons, diners or road stands, or any eating places rendering service other than inside the premises where the business is conducted, unless operating as a licensed outdoor cafe.
[Amended 3-24-1998 by Ord. No. 796; 3-23-2010 by Ord. No. 960]
(5)
Unenclosed storage yards, junkyards, auction establishments, hotels, motels, pool halls, storage buildings, funeral parlors and warehouses.
(6)
Industrial and manufacturing uses or activities.
(7)
Apartments located over, under or in business establishments.
D.
Minimum lot area and dimensions.
E.
Minimum yard requirements, interior lots.
(1)
Front yard depth. All permitted business uses and buildings shall be set back from the front street line at least 10 feet or shall conform to the existing setback line in the same zone and block front. No required front yard shall be used for the display, rental or sale of merchandise.
(2)
Side yard width. None required, but if provided, a side yard shall be at least 10 feet wide.
(3)
Rear yard depth: 30 feet.
F.
Minimum yard requirements, corner lots.
(1)
Front yard depth. All permitted business uses and buildings shall be set back from both street lines at least 10 feet or shall conform to the existing setback line in the same zone and block front. No required front street or side street yard shall be used for the display, rental or sale of merchandise.
(2)
Side street yard width: 10 feet.
(3)
Interior side yard width. None required, but if provided, a side yard shall be at least 10 feet wide.
(4)
Rear yard depth: 30 feet.
G.
Minimum open space requirements.
(1)
The percentage of lot coverage shall not exceed 50% of the land area of the lot.
(2)
Minimum building size. No principal building shall have a ground floor area of less than 1,800 square feet.
(3)
There shall be a minimum of 2,000 square feet of lot area for each bedroom provided in single-family and two-family dwellings.
[Added 7-27-1999 by Ord. No. 819]
H.
Maximum height of buildings. No building shall be erected to a height in excess of 40 feet.
J.
Site plan review and approval. Prior to the issuance of any building permit, zoning permit or certificate of occupancy, as the case may be, the Planning Board shall have submitted to it for review and approval a site plan as required in Chapter 32B, Land Subdivision and Site Plan Review. Such site plan shall be required for all new construction, conversions and changes in type or use.
§ 85-13.1 Downtown Inclusionary Overlay Residential/Mixed-Use Zones 1 Through 4.
[Added 7-25-2017 by Ord. No. 2017-10]
A.
Purpose. To address its affordable housing unmet need obligation, the Borough shall implement an Inclusionary Overlay Zone Ordinance that creates a realistic opportunity for housing in the Borough's downtown that is affordable to low- and moderate-income households. This chapter establishes the Downtown Inclusionary Overlay Zone and permits the creation of multifamily housing within the downtown area (as outlined in the appended maps),[1] provided that such housing complies with a required twenty-percent inclusionary set-aside requirement and with the requirements of this chapter.
[1]
Editor's Note: Said maps are on file in the Borough offices.
B.
Area affected. The Downtown Inclusionary Overlay Zone is comprised of four subzones shown on the maps in the appendix to this code.[2] Overlays 1 and 2 (OL-1 and OL-2) comprise the blocks and lots surrounding North Maple Avenue and Sheridan Avenue. Overlay 3 (OL-3) includes commercial lots fronting on Franklin Turnpike, Sycamore Avenue, and Warren Avenue, and Overlay 4 (OL-4) includes the first three lots north of Warren Avenue, between Sycamore Avenue and Sheridan Avenue.
[2]
Editor's Note: Said maps are on file in the Borough offices.
C.
Special rules. Inclusionary multifamily development is permitted in each OL overlay zone, conditioned on compliance with this chapter and the following limitations:
(1)
Where a property in the OL-1, OL-2, or OL-3 Zone is to be developed with a multifamily inclusionary residential use and the underlying zone is GB General Business, residential uses are restricted to the upper stories of a building and the ground-story use shall be a nonresidential use.
(2)
Where multifamily inclusionary development is to occur on a property in the OL-1 or OL-3 Zone, and the underlying zone is an R-2 or R-4 Residential Zone, nonresidential uses are prohibited from occurring on the same property.
(3)
Where multifamily inclusionary development is to occur on a property in the OL-4 Zone, such property may be developed for and contain a mix of multifamily residential use and public use.
(4)
In any multifamily inclusionary development permitted by this section, at least 20% of the residential units must be affordable to low- and moderate-income households. In the event that 20% of the total number of residential units does not result in a full integer, the developer/property owner shall refer to § 2-3C with regard to addressing the fractional unit.
[Amended 3-27-2018 by Ord. No. 2018-03]
(a)
The developer/property owner may round the fractional number of units upward to provide one additional whole unit; or
(b)
The developer/property owner provides the whole number of units resulting from the twenty-percent set-aside on the full unit count of the development and pays a six-percent affordable housing development fee on the number of the balance of the total units at the site that do not generate a whole affordable housing unit from a twenty-percent set-aside. The number of market rate units subject to the six-percent development fee will be calculated as follows: Total no. of units - (Affordable units to be constructed x 5) = No. of market rate units subject to dev. fee.
(c)
Examples:
[1]
If there are four total units at a site, at least one must be affordable or the developer must provide a development of 6% on each of the four market rate units, because four total units do not generate one full affordable housing unit based on the 20% set-aside requirement. Units subject to six-percent development fee: 4 units - (0 affordable units x 5) = 4 market rate units subject to dev. fee.
[2]
If there are 18 total units, the developer must create four affordable units or create three affordable units and pay a fee of 6% on three units that do not generate one whole affordable housing unit based on the twenty-percent set-aside requirement. Units subject to 6% development fee:
18 units - (3 affordable units x 5) = | |
= 18 units - 15 units | |
= 3 market-rate units subject to development fee | |
(d)
The amount of the development fee shall be determined by the Borough prior to the issuance of a building permit and shall be imposed as a condition of development approval.
(e)
In any multifamily development having five or more residential units, at least one unit must be established as affordable to low- and moderate-income households.
D.
Permitted principal uses in the Downtown Overlay District shall be limited to the following:
(1)
All uses permitted by the underlying zoning, except that:
(b)
Uses permitted by § 85-13A(11) through (14) are permitted as stand-alone uses and are not subject to any other conditions of the overlay zone ordinance. However, if a use permitted by § 85-13A(11) qualifies as an eligible affordable housing credit, then such use may be permitted as an upper-story use.
(2)
A multifamily inclusionary residential use is permitted, conditioned on compliance with § 85-13.1C, Special rules, in this chapter.
(3)
In the OL-4 Overlay Zone, the following uses are permitted individually or as mixed-use, provided that compliance with the density and building height requirements for the OL-4 Zone are observed and each use has separate building entrances and parking areas.
E.
Accessory buildings, structures and uses shall be permitted when used in conjunction with a principal permitted use and in compliance with § 85-15.1, Accessory buildings and structures.
(2)
Decks, balconies and porches.
(3)
Sheds for tools and equipment for the maintenance of the grounds.
(4)
Outdoor recreational uses for residents and their guests.
(5)
Fences and hedges subject to the requirements of § 85-37.3, Fences, except where superseded by this chapter.
(7)
Satellite antenna less than one meter in diameter.
(8)
Outdoor seating for residents, employees, and customers (§ 85-15.1C of the Accessory buildings and structures section shall not prohibit these structures from being located in the front yard).
(9)
Outdoor dining/cafe, as regulated by § 85-13.1I(10), Outdoor dining/cafes, in this chapter.
(10)
Other customary accessory uses and structures which are clearly incidental to the principal structures and uses.
F.
Prohibited uses.
(1)
Where inclusionary multifamily uses are permitted by this chapter, nonresidential uses are prohibited on a second or third story. However, where a mixed-use development is permitted by this chapter with a ground-floor nonresidential use, an office, utility room, or storage room associated with a ground-story nonresidential use in a three-story building may occupy not more than one-fifth (20%) of the gross floor area of the second story, provided that it is not accessed by any hall or stairway shared with residential uses in the same building.
(2)
Where the underlying zoning is GB, residential uses are prohibited from occupying the ground story.
(3)
Except in the OL-4 Zone, where the underlying zoning is R-2 or R-4, nonresidential uses are prohibited.
G.
Bulk standards.
(1)
The bulk standards of the R-2 and R-4 Zones shall be superseded by the following standards for any new multifamily development, provided that it conforms to the inclusionary set-aside standards of this chapter, as follows:
(2)
The bulk standards of the GB Zone shall apply to any property for which the underlying zoning is the GB Zone, except that:
(a)
The required front yard setback for any building complying with this chapter shall be reduced to three feet from the public right-of-way line or the existing average setback of neighboring buildings.
(b)
Where two adjacent properties provide contiguous side yards, the minimum side yard requirement for each property is reduced from 10 feet to five feet, so that the total space between the principal buildings is at least 10 feet, provided that access to the combined ten-foot side yard is shared between both properties. Otherwise, the existing side yard standards for the GB Zone apply.
(5)
There shall be a planted buffer of at least five feet between any parking area and the boundary of a contiguous residential zone outside of the downtown overlay area.
(6)
There shall be a planted buffer of at least 10 feet between any principal building and the boundary of a contiguous residential zone outside of the downtown overlay area.
(7)
All other properties and developments are subject to the side yard setbacks of the underlying zoning, except where otherwise provided in this section.
H.
Parking.
(1)
Off-street parking shall be restricted to the rear yard or the side yard.
(2)
The minimum amount of parking required for a site shall be based on the rates required by § 85-36, Off-street parking and loading, except that:
(b)
The minimum parking requirement for mixed-use sites shall be calculated based on the table below, as follows:
[1]
Determine the minimum parking requirements for each use on the site pursuant to § 85-36, Off-Street Parking and Loading, except that the following shall supersede those parking requirements in any mixed-use structure:
[a]
Sit-down restaurants and bars: one parking space for every four seats.
[b]
Take-out restaurant: one parking space for every 30 square feet of gross floor area of customer/patron space.
[c]
Office: one parking space for every 300 square feet of gross floor area.
[d]
Retail: one parking space for every 200 feet of gross floor area.
[2]
Multiply each minimum parking requirement by the corresponding percentages for each of the time periods set forth in columns B through G of the table below.
[3]
Calculate the total for each time period.
[4]
The minimum parking requirement shall be the largest sum of the six columns.
A | B | C | D | E | F | G |
|---|---|---|---|---|---|---|
Land Use | Weekdays | Weekends | ||||
1:00 a.m. to 7:00 a.m. | 7:00 a.m. to 6:00 p.m. | 6:00 p.m. to 1:00 a.m. | 1:00 a.m. to 7:00 a.m. | 7:00 a.m. to 6:00 p.m. | 6:00 p.m. to 1:00 a.m. | |
Office | 5% | 100% | 5% | 0% | 15% | 0% |
Retail | 0% | 100% | 80% | 0% | 100% | 60% |
Restaurant (not 24 hours) | 20% | 70% | 100% | 30% | 75% | 100% |
Residential | 100% | 60% | 100% | 100% | 75% | 95% |
Example. A ground-floor restaurant with 36 seats (requiring nine parking spaces), with a seven-space residential parking requirement and a three-space office requirement: |
A | B | C | D | E | F | G |
|---|---|---|---|---|---|---|
Land Use | Weekdays | Weekends | ||||
1:00 a.m. to 7:00 a.m. | 7:00 a.m. to 6:00 p.m. | 6:00 p.m. to 1:00 a.m. | 1:00 a.m. to 7:00 a.m. | 7:00 a.m. to 6:00 p.m. | 6:00 p.m. to 1:00 a.m. | |
Office | 5% x 3 | 100% x 3 | 5% x 3 | 0% x 3 | 15% x 3 | 0% x 3 |
Retail | 0% x 0 | 100% x 0 | 80% x 0 | 0% x 0 | 100% x 0 | 60% x 0 |
Restaurant (not 24 hours) | 20% x 9 | 70% x 9 | 100% x 9 | 30% x 9 | 75% x 9 | 100% x 9 |
Residential | 100% x 7 | 60% x 7 | 100% x 7 | 100% x 7 | 75% x 7 | 95% x 7 |
A | B | C | D | E | F | G |
|---|---|---|---|---|---|---|
Land Use | Weekdays | Weekends | ||||
1:00 a.m. to 7:00 a.m. | 7:00 a.m. to 6:00 p.m. | 6:00 p.m. to 1:00 a.m. | 1:00 a.m. to 7:00 a.m. | 7:00 a.m. to 6:00 p.m. | 6:00 p.m. to 1:00 a.m. | |
Office | 0.15 → 1 | 3 | 0.15 → 1 | 0 | 0.45 → 1 | 0 |
Retail | 0 | 0 | 0 | 0 | 0 | 0 |
Restaurant (not 24 hours) | 1.8 → 2 | 6.3 → 7 | 9 | 3 | 6.75 → 7 | 9 |
Residential | 7 | 4.2 → 5 | 7 | 7 | 5.25 → 6 | 6.65 → 7 |
Total | 10 | 15 | 17 | 10 | 14 | 16 |
Example parking requirement =17. |
[5]
The parking requirement calculated by this method will be subject to Board review.
[a]
At the time of Board review of the parking calculation for a mixed-use development, the Board may require the property owner to regulate the hours during which parking for one or more uses on the site is permitted.
(3)
Alternative parking options.
(a)
If the parking requirement calculated in § 85-13.1H(2) above exceeds the number of parking stalls that a site can realistically accommodate, an applicant may address its parking balance as follows:
[1]
Shared parking. An applicant may participate in a shared parking agreement, provided the following:
[a]
A shared parking site for residents and employees shall not be farther than 300 feet from the building, as measured by distance walked along public rights-of-way and pedestrian walkway areas.
[b]
A shared parking site for customers shall not be farther than 500 feet from the building, as measured by distance walked along public rights-of-way and pedestrian walkway areas.
[c]
All required barrier-free parking must be located on site and may not be displaced to a shared parking site.
[2]
An applicant requesting use of an off-site shared parking arrangement must submit a study demonstrating:
[a]
That the required parking cannot feasibly be provided on site without compromising the economic value of the proposed development.
[b]
That the distance between the site and the shared parking meets the requirements above.
[c]
That the proposed shared parking location can reasonably accommodate peak parking and traffic for all uses that will be sharing the parking.
(b)
An applicant requesting to use shared parking must enter into an agreement with the owner of the shared parking site.
[1]
Shared parking agreement. A shared parking plan will be enforced through written agreement among all owners of record. The owner of the shared parking area shall enter into a written developer's agreement with the Borough with enforcement running to the Borough providing that the land comprising the parking area shall never be disposed of except in conjunction with the sale of the building which the parking area serves so long as the facilities are required and that the owner agrees to bear the expense of recording the agreement and such agreement shall bind his or her heirs, successors, and assigns. An attested copy of the agreement between the owners of record shall be submitted to the administrative officer for recordation in a form established by the Borough attorney. Recordation of the agreement must take place before issuance of a building permit or certificate of occupancy for any use to be served by the shared parking area. A shared parking agreement may be revoked only if all required off-street parking spaces will be provided on site in accordance with the off-street parking schedules in this section. The written agreement shall be voided by the Borough if other off-street facilities are provided in accord with these zoning regulations.
(c)
Parking fund contribution. For an applicant that obtains variance or waiver relief for fewer parking spaces than required by § 85-13.1H(1) and (2) above, a payment shall be made to the Borough in the amount to be determined for each parking space in which said relief has been granted.
[1]
The fee required under this § 85-13.1H(3)(c) shall only apply to new deficiencies in parking spaces resulting from a change in use.
[2]
An applicant is permitted to pay the fee in lieu of parking for not more than half of its required parking.
[3]
An applicant requesting to pay the fee in lieu of more than half of its required parking must receive permission from the Borough, based on a determination that the applicant cannot provide adequate parking on or off site without compromising the economic viability of the proposed residential and nonresidential use and that there are no available shared parking opportunities meeting the requirements of this chapter.
[4]
The said payment shall be deposited by the Borough into a dedicated account designated as the "Borough of Ho-Ho-Kus Parking Fund." The payment shall be due prior to issuance of a building permit. Any funds deposited into said account shall be utilized by the Borough for the express purpose of installing, replacing or repairing parking spaces or parking lots on sites to be determined by the Borough Engineer, upon proper authorization from the governing board.
(4)
An applicant may request of the governing body a waiver or modification of the payment upon showing of good cause.
(5)
Per New Jersey Department of Transportation Bicycle Compatible Roadways and Bikeways design guidelines, all facilities that provide parking to the public shall provide parking for bicycles at the rate of one bicycle parking space per 10 automobile parking spaces for the first 100 parking stalls and one bicycle space for every 20 automobile parking spaces beyond that.
(6)
Circulation.
(a)
On-site parking shall be designed to avoid the backing out of vehicles onto public rights-of-way, except for townhouses where an individual townhouse unit's garage and associated parking apron is designed to allow one to back out directly onto a public right-of-way.
(b)
For any new buildings with frontage on Maple Avenue, the Borough encourages the developer to attempt to connect driveways to Brookside Avenue or First Street before resorting to connecting the driveway to Maple Avenue.
(7)
Landscaping in parking areas.
(a)
At least 15% of the ground area of parking lots (including driveways) shall be devoted to landscaping along the street right-of-way.
(b)
Parking areas shall be provided with landscaping along adjoining streets and properties with plant material, fencing or a wall. Interior parking lot landscaping shall also be required. Landscaped areas should be located in protected areas such as along walkways, in center islands, or at the end of parking bays and shall be distributed throughout the parking area to mitigate the view of the parked vehicles without interfering with adequate sight distance for vehicles or pedestrians. The landscaping shall consist of hardy, low-maintenance varieties of trees, and shrub plantings no higher than three feet unless otherwise directed by the Board.
(c)
One shade tree, with a minimum caliper size of 2.5 inches to three inches at time of planting, measured three feet above the ground, shall be provided for every 10 parking spaces. Trees shall be staggered and/or spaced so as not to interfere with driver vision and shall have branches no lower than six feet.
(d)
Loading areas shall be screened with landscaping, fencing, berms, walls or any combination thereof and shall not be less than six feet in height. The screening shall be sufficient to at least partially obscure the view of parked vehicles, loading platforms and loading activities.
(e)
Parking located in a side yard must be screened from the public right-of-way by a fence designed and composed of materials that complement or enhance the architecture of the neighborhood.
I.
Design standards. The following are design standards; deviations from these standards require waiver relief.
(1)
Context. Development in overlay zones shall be sensitive to the established and historic context of its surrounding developed character, in recognition of the fact that a cohesive built environment is an essential component of the Borough's character. In an effort to ensure a visually attractive environment, new buildings and reconstructions are encouraged to incorporate such building elements as recessed or extended entrances, enhanced corner treatments, graphic panels, display windows, and vertical and horizontal articulations, as detailed below. The following design and related streetscape standards are to be addressed as part of all development applications in the Overlay Zones.
(2)
Goals of design standards.
(a)
To provide designs that complement the historic developed character of the downtown and its surrounding neighborhoods, through appropriate massing, scale, use of building materials and original architectural details, and fenestration.
(b)
To provide multistory buildings to be designed with horizontal and vertical articulation to facilitate an enhanced visual interest in the neighborhood's architecture and discourage buildings that are characterized by nondescript blank walls.
(c)
To provide the use of such building materials as brick, wood, native stone and clapboard to ensure complementary visual interest such as is found in the neighborhood and discourage use of vinyl, cement block and aluminum.
(d)
Provide at-grade retail storefronts to be developed with facades that are characterized by substantial window areas as a total proportion of the first-story elevation to maximize visibility of store interiors and thereby enhance visual interest for pedestrian experiences.
(3)
Building design elements.
(a)
Facade design.
[1]
Horizontal articulation between floors. Each facade should be designed to have a delineated floor line between street level and upper floors. This delineation can be in the form of a masonry belt course, a concrete lintel or a cornice line delineated by wood detailing.
[2]
Vertical articulation. Each building facade facing a public right-of-way must have elements of vertical articulation comprised of columns, piers, recessed windows or entry designs, overhangs, ornamental projection of the molding, different exterior materials or wall colors, or recessed portions of the main surface of the wall itself. The vertical articulations shall be designed in accordance with the following:
[3]
Buildings with expansive blank walls are prohibited.
(4)
Fenestration.
(a)
At least 60% of the first floor of retail building frontage shall be clear window glass. This percentage shall be calculated within the area of the building facade that is located between three feet and 10 feet above sidewalk level.
(b)
A minimum of 40% of the front entrance of retail development shall consist of glass in order to maximize the visibility of store interiors.
(c)
Materials. Exterior building materials shall be classified as either primary, secondary or accent materials. The facade shall be designed in accordance with the following:
(5)
Rooflines/building height.
(a)
The top of all buildings must be capped by a cornice or sloping roof element.
(b)
An additional five feet in height for ornamentation such as parapets and cornices is permitted.
(c)
All roof-mounted equipment, such as HVAC units, shall be screened from public view by use of parapet walls, as regulated elsewhere in this chapter, provided that the maximum height for screening roof-mounted elevator equipment shall be eight feet, with such screening set back minimally 10 feet from the edge of the roof.
(8)
Townhouse design.
(a)
For townhouses, a maximum of six dwelling units in a single row with a minimum offset of two feet between every two dwelling units is encouraged.
(b)
The rooflines of at least 30% of the number of units attached in a structure are to be staggered in height by not less than 2.5 feet of the height of the rooflines of the other units in such structures and/or by other features which will provide relief or articulation to the roofline.
(9)
Streetscape design. All properties shall comply with the following requirements:
(a)
Where buildings are set back from the street 10 feet or more, a landscaped area with a minimum width of five feet shall be provided.
(b)
All sidewalks installed in along the property frontage in portions of the GB or R-2 Zones within the downtown overlay shall be decorative paver sidewalks or decoratively scored concrete, consistent with the existing streetscape.
(c)
Streetscape amenities such as benches, decorative artwork, bike racks, trash receptacles, etc., shall be incorporated as part of the streetscape, as deemed appropriate.
(d)
Street trees shall be provided along all public rights-of-way in accordance with the following standards:
[1]
Street trees should be located at a minimum distance of 40 feet on center. The exact spacing and planting location shall be evaluated on a site-specific basis and adjusted to reflect the neighborhood and existing or proposed buildings to minimize potential obstruction and visibility impacts on wall business signage.
[2]
Trees shall have a minimum caliper size of 2.5 inches to three inches at time of planting.
(e)
Garbage and recycling containers shall be located in the rear yard where that yard is accessible by collection vehicles. If the rear yard is not accessible by collection vehicles, the containers may be located in the side yard or inside the building. If the containers are stored outdoors, they must be screened by a fence or other enclosure. Landscaping is encouraged around the enclosure.
(10)
Outdoor dining/cafes:
(a)
Outdoor dining/cafes, where proposed, may be located on sidewalks, plazas, and courtyards immediately adjacent to any eating and food establishment. Such facilities shall be provided in a manner that pedestrian circulation or access to store entrances is not impaired.
(b)
The operation of an outdoor cafe shall be located such that there is at least four feet of clear and unobstructed passageway between the tables, chairs, and barriers and street trees, bike racks, lampposts, sign posts, and any other fixtures or obstructions. The approving authority may require more than four feet to protect public safety if it deems necessary because of site-specific conditions.
(c)
The area occupied by the outdoor cafe must be located at least 10 feet from any driveway.
(d)
A screen visually separating adjacent at-grade residential units from the proposed outdoor cafe area must be provided. The screening may include landscaping, screen walls, and/or fencing materials or any combination thereof.
(e)
Umbrellas, awnings, canopies, and heating units are permitted in outdoor cafe areas.
(f)
All outdoor cafe areas shall be designed in compliance with the Americans With Disabilities Act (ADA) guidelines.
(11)
Landscape standards.
(a)
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 with any plan for development.
(b)
All portions of the property not utilized by buildings or paved surfaces shall be landscaped utilizing combinations such as landscaped fencing, shrubbery, lawn area, ground cover, existing vegetation, and the planting of coniferous and/or deciduous trees native to the area in order to maintain or reestablish the vegetation in the area and lessen the visual impact of the structures and paved areas.
(c)
Landscaping shall be designed to achieve a thorough integration of the various elements of site design, including building and parking placement and natural features.
(d)
The use of passive systems, such as rain gardens, to offset off-site stormwater discharge shall be utilized to the extent feasible.
(e)
Water conservation measures, such as drip irrigation and soil moisture-sensing irrigation systems, shall be used where practicable.
§ 85-13.2 General Business/Inclusionary Residential.
[Added 9-26-2017 by Ord. No. 2017-12; amended 9-26-2017 by Ord. No. 2017-13]
A.
Purpose. To address its affordable housing obligation in compliance with settlement agreements entered into with Fair Share Housing Center, Chamberlain Developers, Inc., and Jonathan L. Mechanic (d.b.a. Ho-Ho-Kus Crossings) on December 21, 2016, and January 5, 2017, Ho-Ho-Kus Borough shall rezone the property at Block 1015, Lot 9, to permit the construction or reconstruction of a three-story, mixed-use development having ground-story commercial use and a total of four dwelling units on the second and third stories of which at least one unit will be affordable to low- and moderate-income households in accordance with the Chamberlain Settlement Agreement cited above, the rules at N.J.A.C. 5:93-1 et seq. ("COAH's Second Round rules"),[1] the Borough's Affordable Housing Ordinance at Chapter 2 of the Borough's Code, and the Uniform Housing Affordability Controls (UHAC) at N.J.A.C. 5:80-26.1 et seq.
[1]
Editor's Note: The regulations in N.J.A.C. 5:93 expired October 16, 2016.
B.
Permitted uses in the GB-IR Zone District shall be limited to the following:
(1)
All uses permitted in the GB District by § 85-13A(2) through (10), (15) and (16) are permitted as ground-story uses, of a mixed-use building, provided that:
(a)
There must be a total of three stories in the same building, of which the second and third stories must have not more than four housing units of which at least one must be affordable to low- and moderate-income households; and
(2)
In no event shall nonresidential uses be permitted on the second or third stories within the GB-IR District.
D.
Accessory uses in the GB-IR Zone District shall be limited to the following:
(2)
Decks, balconies and porches.
(3)
Sheds for tools and equipment for the maintenance of the grounds.
(4)
Outdoor recreational uses for residents and their guests.
(5)
Fences and hedges subject to the requirements of § 85-37.3, Fences, except where superseded by this district.
(7)
Satellite antenna less than one meter in diameter.
(8)
Outdoor seating for residents, employees, and customers (§ 85-15.1C of the Accessory buildings and structures section shall not prohibit these structures from being located in the front yard).
(9)
Outdoor dining/cafe in accordance with § 85-13.1I(10), Outdoor dining/cafes, in the Downtown Inclusionary Overlay District regulations.
(10)
Other customary accessory uses and structures which are clearly incidental to the principal structures and uses.
I.
Off-street parking.
(2)
Off-street parking must be provided in the rear yard.
(3)
Loading activity shall not occur in the parking area unless it can be demonstrated that such activity can occur without disrupting circulation on the subject property or neighboring lots.
(4)
A minimum of one barrier-free parking space must be provided on site.
§ 85-14 IP Industrial Park District I.
[Amended 8-27-1985 by Ord. No. 586]
A.
Permitted uses. This district is intended for limited industrial and manufacturing uses, warehousing, offices for business, professional, executive or administrative purposes and scientific or research laboratories, all of which shall be conducted within the confines of a building.
C.
Prohibited uses. Any uses other than those uses permitted by Subsection A or B are prohibited and any process of assembly, manufacture or treatment which is noxious or injurious by reason of the production or emission of fire, explosives, radioactivity, dust, smoke, refuse matter, odor, gas fumes, noise, vibration or similar substance or condition that would tend to impair or hinder the most appropriate use of land in the vicinity. Without in any way limiting the generality and prohibition of this section, nothing contained in this chapter shall be construed to permit the following uses in the IP District:
D.
Minimum lot area and dimensions.
(1)
The lot area shall not be less than three acres and shall be computed within 600 feet of the lot line adjacent to the railroad property.
(2)
Due to the present lack of lot frontage there is no requirement for said frontage within the district.
(3)
The lot width shall not be less than 200 feet.
(4)
The lot depth shall not be less than 300 feet.
E.
Minimum yard requirements, interior lots.
(1)
The front yard depth shall be 10 feet.
(2)
Side yard width. There shall be two side yards, and no side yard shall be less than 35 feet. Off-street parking, as required, may be permitted in the side yard, provided that no parking area is closer than 10 feet to any building or any side property line.
(3)
The interior side yard width shall be 35 feet.
(4)
The rear yard depth shall be 35 feet. The rear yard may be used for off-street parking; provided, however, that no parking area shall be nearer than 10 feet to any building or any rear property line.
F.
Minimum yard requirements, corner lots.
(1)
The front yard depth shall be 10 feet.
(2)
Side yard width. There shall be two side yards, and no side yard shall be less than 35 feet. Off-street parking as required may be permitted in the interior side yard, provided that no parking area is closer than 10 feet to a building or any side property line but shall not be permitted in the street side yard.
(3)
The rear yard depth shall be 35 feet. The rear yard may be used for off-street parking; provided, however, that no parking area shall be nearer than 10 feet to any building or any rear property line.
H.
Maximum height of buildings. No building shall be erected to a height in excess of 40 feet, except the necessary mechanical appurtenances usually carried above the roof level, which shall not exceed an additional 15 feet. No detached accessory building shall exceed 3/4 the height of the principal building.
I.
Detached accessory buildings and structures shall be minimum distances to the following:
(1)
Principal building and each other. The minimum distance between a principal building except in the case of existing buildings or their replacement, and an accessory building shall be 25 feet.
(2)
Front street: 60 feet.
(3)
Side street: 50 feet.
(4)
Interior lot side line: 20 feet.
(5)
Interior lot rear line: 20 feet.
(6)
Corner lot rear line: 30 feet.
J.
Certificates of occupancy. The Zoning Administrator shall issue all renovation and/or alteration building permits, as well as, all certificates of occupancy in the event of a change of occupancy in any existing building.
K.
Site plan approval. In the event of construction of a new building, prior to the issuance of any building permit, zoning permit or certificate of occupancy, as the case may be, the Planning Board shall have submitted to it for review and approval a site plan as required by Chapter 32B, Land Subdivision and Site Plan Review, of the Code of the Borough of Ho-Ho-Kus.
§ 85-14.1 IP Industrial Park District II.
[Added 8-27-1985 by Ord. No. 586[1]]
A.
Permitted uses. This district is intended for limited industrial and manufacturing uses, warehousing, offices for business, professional, executive or administrative purposes and scientific or research laboratories, all of which shall be conducted within the confines of a building.
C.
Prohibited uses. Any uses other than those uses permitted by Subsection A or B are prohibited and any process of assembly, manufacture or treatment which is noxious or injurious by reason of the production or emission of fire, explosives, radioactivity, dust, smoke, refuse matter, odor, gas fumes, noise, vibration or similar substance or condition that would tend to impair or hinder the most appropriate use of land in the vicinity. Without in any way limiting the generality and prohibition of this section, nothing contained in this chapter shall be construed to permit the following uses in the IP District:
D.
Minimum lot area and dimensions.
E.
Minimum yard requirements, interior lots.
(1)
The front yard depth shall be 60 feet.
(2)
Side yard width. There shall be two side yards, and no side yard shall be less than 50 feet. Off-street parking, as required, may be permitted in the side yard, provided that no parking area is closer than 10 feet to any building or any side property line.
(3)
The interior side yard width shall be 35 feet.
(4)
The rear yard depth shall be 35 feet. The rear yard may be used for off-street parking; provided, however, that no parking area shall be nearer than 10 feet to any building or any rear property line.
F.
Minimum yard requirements, corner lots.
(1)
The front yard depth shall be 10 feet.
(2)
Side yard width. There shall be two side yards, and no side yard shall be less than 35 feet. Off-street parking as required may be permitted in the interior side yard, provided that no parking area is closer than 10 feet to a building or any side property line but shall not be permitted in the street side yard.
(3)
The rear yard depth shall be 35 feet. The rear yard may be used for off-street parking; provided, however, that no parking area shall be nearer than 10 feet to any building or any rear property line.
H.
Maximum height of buildings. No building shall be erected to a height in excess of 40 feet, except the necessary mechanical appurtenances usually carried above the roof level, which shall nut exceed an additional 15 feet. No detached accessory building shall exceed 3% the height of the principal building.
I.
Detached accessory buildings and structures shall be minimum distances to the following:
(1)
Principal building and each other. The minimum distance between a principal building except in the case of existing buildings or their replacement, and an accessory building shall be 25 feet.
(2)
Front line: 60 feet.
(3)
Side street: 50 feet.
(4)
Interior lot side line: 20 feet.
(5)
Interior lot rear line: 20 feet.
(6)
Corner lot rear line: 30 feet.
J.
Certificates of occupancy. The Zoning Administrator shall issue all renovation and/or alteration building permits, as well as, all certificates of occupancy in the event of a change of occupancy in any existing building.
K.
Site plan approval. In the event of construction of a new building, prior to the issuance of any building permit, zoning permit or certificate of occupancy, as the case may be, the Planning Board shall have submitted to it for review and approval a site plan as required by Chapter 32B, Land Subdivision and Site Plan Review, of the Code of the Borough of Ho-Ho-Kus.
§ 85-14.2 IP Industrial Park District III.
[Added 4-23-2002 by Ord. No. 846]
A.
Permitted uses; conditional uses; applicability.
(1)
There is hereby established a new Industrial Park (IP) District III Zone.
(2)
This District shall comprise properties shown as follows on the Borough Tax Map and as further defined by the map prepared by the Borough Engineer and incorporated herein by reference: Block 602, Lot 1, and Block 603, Lots 3 and 4.
(3)
This Zone is intended for municipal buildings, offices and facilities, including a Department of Public Works site and Recycling Center.