Kenilworth City Zoning Code
ARTICLE 23
Zone District Regulations
§ 120-23.1 R-6 Low Density Single-Family Residential Zone District.
A.
Purpose.
(1)
Since the Borough is an established suburban residential community, it is the intent of this chapter to preserve and protect the established character of its neighborhoods and to encourage a compatible relationship between new and expanded houses and traditional neighboring structures that reflect the best of local character, particularly in terms of scale, siting, design features and orientation on site.
(2)
The purpose of this district is to preserve the quality of life and individuality of the existing detached one-family homes and to discourage subdivision. The district is intended to protect the character of the streets and neighborhoods from inappropriate intrusions.
B.
Principal uses and structures. The following principal uses and structures shall be permitted in the R-6 Zone District:
C.
Accessory uses and structures. The following accessory uses and structures shall be permitted in the R-6 Zone:
(4)
Family day-care homes as regulated in N.J.S.A. 40:55D-66.5b;
(6)
Private swimming pools enclosed in a yard by a fence not less than four feet high, as regulated in Article 24;
(7)
Accessory uses and structures customarily subordinate and incidental to permitted principal uses and accessory uses and structures customarily subordinate and incidental to permitted conditional uses;
(8)
Senior suites; and
D.
Conditional uses and structures. The following conditional uses and structures shall be permitted only if they comply with the appropriate regulations for such uses or structures in Article 30:
(1)
Residential public utility facilities, excluding wireless telecommunications facilities.
(2)
Community shelters for victims of domestic violence, community residences for the terminally ill, and community residences for persons with head injuries, either of the foregoing which house fewer than 16 persons, excluding resident staff, as regulated in N.J.S.A. 40:55D-66.1 and 40:55D-66.2.
(3)
Renewable energy facilities, which must comply with all bulk standards of the zone. Facilities may be attached to the primary residence, provided no new variances are created.
E.
Prohibited uses and structures:
(2)
The operation of cultivation facilities, product manufacturing facilities and/or testing facilities for marijuana, hashish and/or cannabis, and/or products containing same, and/or paraphernalia that facilitates the use of marijuana, hashish and/or cannabis.
[Added 6-9-2021 by Ord. No. 2021-06]
F.
Bulk and lot regulations. The following bulk and lot regulations shall apply to all development within the R-6 Zone District:
(1)
Minimum lot size. Every lot shall contain a minimum lot area of 6,000 square feet.
(2)
Minimum lot width. There shall be a minimum lot width of 60 feet.
(3)
Minimum lot frontage. There shall be a minimum lot frontage of 60 feet for all lots.
(4)
Minimum front yard. There shall be a front yard setback of not less than 25 feet to the ground floor and 23 feet to the second floor.
(5)
Minimum side yard. Except as provided below for corner lots, there shall be two side yards totaling 25% or more of lot width. Each side yard shall be a minimum of eight feet. For corner lots, the required side yard shall be regulated by Article 23. Notwithstanding the foregoing, patios accessory to and additions and decks attached to a principal building in existence as of the effective date of this subsection may have an eight-foot side yard setback, excluding corner lots, so long as the addition, deck or patio is erected in such a manner that its side lines continue in a straight line or are a distance from the side lot line no greater than the side of the principal building.
(6)
Minimum rear yard. There shall be a rear yard of at least 20 feet in depth.
(7)
Maximum building height. No principal building shall exceed the maximum of 2 1/2 habitable floors, exclusive of basement, and 35 feet. The height of a proposed addition may match the existing nonconforming height of the principal dwelling.
(8)
Maximum building coverage. No more than 50% of the area of any lot shall be covered by above-grade buildings and/or structures. Decks and patios, as defined herein, shall not be considered as a building or structure for purposes of computing this coverage.
(9)
Maximum impervious coverage. No more than 75% of the area of any lot shall be covered by physical improvements, including but not limited to any above-grade buildings and/or structures, as well as at-grade structures, including but not limited to ingress/egress platforms, sidewalks, parking areas, patios, driveways, swimming pools, etc., and including aboveground decks. It is the intention of this provision that each lot shall have at least 25% of its lot area without any improvements, dedicated to vegetation.
(10)
Floor area ratio. Floor area ratio shall be limited to 0.75.
G.
Other regulations. In addition to the above requirements, any development in the R-6 Zone District must comply with all applicable regulations of this chapter.
§ 120-23.2 R-5 Medium Density Single-Family Residential Zone District.
A.
Purpose.
(1)
Since the Borough is an established suburban residential community, it is the intent of this chapter to preserve and protect the established character of its neighborhoods and to encourage a compatible relationship between new and expanded houses and traditional neighboring structures that reflect the best of local character, particularly in terms of scale, siting, design features and orientation on site.
(2)
The purpose of this district is to preserve the quality of life and individuality of the existing detached one-family homes and to discourage subdivision. The district is intended to protect the character of the streets and neighborhoods from inappropriate intrusions.
B.
Principal uses and structures. The following principal uses and structures shall be permitted in the R-5 Zone District:
C.
Accessory uses and structures. The following accessory uses and structures shall be permitted in the R-5 Zone:
(4)
Family day-care homes as regulated in N.J.S.A. 40:55D-66.5b;
(6)
Private swimming pools enclosed in a yard by a fence not less than four feet high, as regulated in Article 24;
(7)
Accessory uses and structures customarily subordinate and incidental to permitted principal uses and accessory uses and structures customarily subordinate and incidental to permitted conditional uses;
(8)
Senior suites; and
D.
Conditional uses and structures. The following conditional uses and structures shall be permitted only if they comply with the appropriate regulations for such uses or structures in Article 30:
(1)
Residential public utility facilities, excluding wireless telecommunications facilities.
(2)
Community shelters for victims of domestic violence, community residences for the terminally ill, and community residences for persons with head injuries, either of the foregoing which house fewer than 16 persons, excluding resident staff, as regulated in N.J.S.A. 40:55D-66.1 and 40:55D-66.2.
(3)
Renewable energy facilities, which must comply with all bulk standards of the zone. Facilities may be attached to the primary residence, provided no new variances are created.
E.
Prohibited uses and structures:
(2)
The operation of cultivation facilities, product manufacturing facilities and/or testing facilities for marijuana, hashish and/or cannabis, and/or products containing same, and/or paraphernalia that facilitates the use of marijuana, hashish and/or cannabis.
[Added 6-9-2021 by Ord. No. 2021-06]
F.
Bulk and lot regulations. The following bulk and lot regulations shall apply to all development within the R-5 Zone District:
(1)
Minimum lot size. Every lot shall contain a minimum lot area of 5,000 square feet.
(2)
Minimum lot width. There shall be a minimum lot width of 50 feet.
(3)
Minimum lot frontage. There shall be a minimum lot frontage of 50 feet for all lots.
(4)
Minimum front yard. There shall be a front yard setback of not less than 25 feet to the ground floor and 23 feet to the second floor.
(5)
Minimum side yard. Except as provided below for corner lots, there shall be two side yards totaling 20% or more of lot width. Each side yard shall be a minimum of five feet. For corner lots, the required side yard shall be regulated by Article 23. Notwithstanding the foregoing, patios accessory to and additions and decks attached to a principal building in existence as of the effective date of this subsection may have a five-foot side yard setback, excluding corner lots, so long as the addition, deck or patio is erected in such a manner that its sides continue in a straight line or are a distance from the side lot line greater than the side of the principal building.
(6)
Minimum rear yard. There shall be a rear yard of at least 20 feet in depth.
(7)
Maximum building height. No principal building shall exceed the maximum of 2 1/2 habitable floors, exclusive of basement, and 35 feet. The height of a proposed addition may match the existing nonconforming height of the principal dwelling.
(8)
Maximum building coverage. No more than 50% of the area of any lot shall be covered by above-grade buildings and/or structures. Decks and patios, as defined herein, shall not be considered as a building or structure for purposes of computing this coverage.
(9)
Maximum improvement coverage. No more than 75% of the area of any lot shall be covered by physical improvements, including but not limited to any above-grade buildings and/or structures, as well as at-grade structures, including but not limited to ingress/egress platforms, sidewalks, parking areas, patios, driveways, swimming pools, etc., but including aboveground decks. It is the intention of this provision that each lot shall have at least 25% of its lot area without any improvements except vegetation.
(10)
Floor area ratio. Floor area ratio shall be limited to 0.75.
G.
Other regulations. In addition to the above requirements, any development in the R-5 Zone District must comply with all applicable regulations of this chapter.
§ 120-23.3 R-5A High Density One- and Two-Family Residential Zone District.
A.
Purpose.
(1)
Since the Borough is an established suburban residential community, it is the intent of this chapter to preserve and protect the established character of its neighborhoods and to encourage a compatible relationship between new and expanded houses and traditional neighboring structures that reflect the best of local character, particularly in terms of scale, siting, design features and orientation on site.
(2)
The purpose of this district is to preserve the quality of life and individuality of the existing detached one-family homes and attached two-family homes and to discourage subdivision. The district is intended to protect the character of the streets and neighborhoods from inappropriate intrusions.
B.
Principal uses and structures. The following principal uses and structures shall be permitted in the R-5A Zone District:
(1)
Single-family residential uses in detached single-family residential structures;
(2)
Two-family residential uses in attached residential structures;
(3)
Public parks and playgrounds; and
(4)
Community residences for the developmentally disabled, as regulated in N.J.S.A. 40:55D-66.1 and 40:55D-66.2.
C.
Accessory uses and structures. The following accessory uses and structures shall be permitted in the R-5A Zone:
(4)
Family day-care homes as regulated in N.J.S.A. 40:55D-66.5b;
(6)
Private swimming pools enclosed in a yard by a fence not less than four feet high, as regulated in Article 24;
(7)
Accessory uses and structures customarily subordinate and incidental to permitted principal uses and accessory uses and structures customarily subordinate and incidental to permitted conditional uses;
(8)
Senior suites; and
D.
Conditional uses and structures. The following conditional uses and structures shall be permitted only if they comply with the appropriate regulations for such uses or structures in Article 30:
(1)
Residential public utility facilities, excluding wireless telecommunications facilities.
(2)
Community shelters for victims of domestic violence, community residences for the terminally ill, and community residences for persons with head injuries, either of the foregoing which house fewer than 16 persons, excluding resident staff, as regulated in N.J.S.A. 40:55D-66.1 and 40:55D-66.2.
(3)
Renewable energy facilities, which must comply with all bulk standards of the zone. Facilities may be attached to the primary residence, provided no new variances are created.
E.
Prohibited uses and structures:
(2)
The operation of cultivation facilities, product manufacturing facilities and/or testing facilities for marijuana, hashish and/or cannabis, and/or products containing same, and/or paraphernalia that facilitates the use of marijuana, hashish and/or cannabis.
[Added 6-9-2021 by Ord. No. 2021-06]
F.
Bulk and lot regulations. The following bulk and lot regulations shall apply to all development within the R-5A Zone District:
(2)
Minimum lot width. There shall be a minimum lot width of 50 feet.
(3)
Minimum lot frontage. There shall be a minimum lot frontage of 50 feet for all lots.
(4)
Minimum front yard. There shall be a front yard setback of not less than 25 feet to the ground floor and 23 feet to the second floor.
(5)
Minimum side yard. Except as provided below for corner lots, there shall be two side yards totaling 20% or more of lot width. Each side yard shall be a minimum of five feet. For corner lots, the required side yard shall be regulated by Article 23. Notwithstanding the foregoing, patios accessory to and additions and decks attached to a principal building in existence as of the effective date of this subsection may have a five-foot side yard setback, excluding corner lots, so long as the addition, deck or patio is erected in such a manner that its sides continue in a straight line or are a distance from the side lot line greater than the side of the principal building.
(6)
Minimum rear yard. There shall be a rear yard of at least 20 feet in depth.
(7)
Maximum building height. No principal building shall exceed the maximum of 2 1/2 habitable floors, exclusive of basement, and 35 feet. The height of a proposed addition may match the existing nonconforming height of the principal dwelling.
(8)
Maximum building coverage. No more than 50% of the area of any lot shall be covered by above-grade buildings and/or structures. Decks and patios, as defined herein, shall not be considered as a building or structure for purposes of computing this coverage.
(9)
Maximum improvement coverage. No more than 75% of the area of any lot shall be covered by physical improvements, including but not limited to any above-grade buildings and/or structures, as well as at-grade structures, including but not limited to ingress/egress platforms, sidewalks, parking areas, patios, driveways, swimming pools, etc., but including aboveground decks. It is the intention of this provision that each lot shall have at least 25% of its lot area without any improvements except vegetation.
(10)
Floor area ratio. Floor area ratio shall be limited to 0.75.
G.
Other regulations. In addition to the above requirements, any development in the R-5A Zone District must comply with all applicable regulations of this chapter.
§ 120-23.4 BD Boulevard Downtown Zone District.
A.
Purpose of the district. The downtown should be a place with many diverse retail shops and restaurants where the community can gather on nights and weekends, conduct business, buy personal and household needs and be a part of Borough life. The Boulevard Downtown District has been created to replace the current Local Commercial Zone along the Boulevard between 18th Street and near Market Street. The BD Zone District is intended to encourage retail sales and personal services oriented to pedestrian shopping on the ground floor and other commercial activity on the upper floors.
B.
Principal uses and structures. The following principal uses and structures shall be permitted in the BD Zone District. Principal uses which are substantially similar to the listed principal uses shall be permitted uses.
(1)
Business establishments devoted primarily to the retail sales of goods and personal services on the premises, including restaurants and food establishments intended for food consumption on the premises or for takeout of food, and taverns.
(2)
Banks and other financial institutions engaged in the business of accepting deposits from the public and/or extending credit to the public in the form of loans. Such business must be conducted on the premises and must be the principal activity of the use on the premises.
(3)
General, administrative, executive and professional offices.
(4)
Medical offices.
(5)
Veterinary offices.
(6)
Museums, art galleries and indoor motion-picture theaters, and theaters for conducting live entertainment or cultural performances.
(7)
Municipal parking facilities.
(8)
Offices on the second or third floor of a building.
(9)
Child-care centers.
(11)
Indoor commercial recreational facilities and schools of martial arts, yoga, and dance instruction.
(12)
Any other use, in the opinion of the approving authority, substantially similar to those identified in this subsection.
C.
Accessory uses and structures. The following accessory uses and structures shall be permitted in the BD Zone District:
(4)
Outdoor seating in conjunction with a permitted restaurant or eating and drinking establishment, subject to the following:
(a)
The consumption of food by the public at tables located within that portion of the sidewalk which lies between the public street and the building's principal facade, excepting therefrom an unobstructed area at least four feet in width to permit the passage of pedestrians.
(b)
Containing readily removable tables, chairs and other such temporary railings, furniture and structures.
(c)
Unenclosed by fixed walls, ceilings or fences, except for retractable awnings, removable barriers, umbrellas or other nonpermanent enclosures.
(5)
Other accessory uses and structures customarily subordinate and incidental to permitted principal uses and permitted conditional uses.
D.
Conditional uses and structures. The following conditional uses and structures shall be permitted only if they comply with the appropriate regulations for such uses or structures in Article 30:
E.
Prohibited uses and structures:
(2)
The operation of cultivation facilities, product manufacturing facilities and/or testing facilities for marijuana, hashish and/or cannabis, and/or products containing same, and/or paraphernalia that facilitates the use of marijuana, hashish and/or cannabis.
[Added 6-9-2021 by Ord. No. 2021-06]
F.
Bulk and lot regulations. The following bulk and lot regulations shall apply to all uses permitted in the BD Zone District, unless more stringent requirements are provided by this chapter:
(1)
Minimum lot area. Every lot shall contain a minimum lot area of 2,500 square feet.
(2)
Minimum lot width. Every lot shall have a minimum lot width of 25 feet.
(3)
Minimum lot frontage. There shall be a minimum lot frontage of 25 feet for all lots.
(4)
Minimum lot depth. There shall be a minimum of 100 feet of depth.
(5)
Setbacks.
(a)
Front. No front yard setback is required.
(b)
Rear. Ten feet or 10% of the lot depth, whichever is greater.
(c)
Side. No side yard will be required unless the side property line is adjacent to a residential zone, where a minimum side yard of five feet, which is to be heavily landscaped, is required.
(6)
Maximum building height. No principal building shall exceed the maximum of three habitable floors, exclusive of basement, but not more than 35 feet in height.
(7)
Maximum building coverage shall not exceed 80%.
(8)
Maximum impervious cover shall not exceed 90%.
(9)
Minimum open space ratio. The minimum area of the lot that shall be provided as landscaped open space shall be 10% of the total lot area. Such landscaped area shall be planted with lawn, shrubs, hedges, flowering plants or trees.
(10)
Maximum floor area ratio. The total habitable floor area of all buildings or structures on any lot shall not be more than 250% of the total lot area.
G.
Other regulations. In addition to the above requirements, any development in the BD Zone District must comply with all applicable regulations of this chapter.
§ 120-23.5 AC Area Commercial Zone District.
A.
Purpose of district. The purpose of the AC Area Commercial District is to encourage retail and wholesale sales, personal and business services, as well as business, administrative and professional offices. Well-planned, larger-scale commercial developments designed in a comprehensive manner, integrating the needs of pedestrians, employees and vehicles, are also encouraged.
B.
Permitted uses. In the AC District, only the following uses shall be permitted, except as provided in Subsections C and D. Principal uses which are substantially similar to the listed principal uses shall be permitted uses.
(1)
Retail establishments.
(2)
Personal and consumer service uses.
(3)
Supermarkets.
(4)
Restaurants and eating and drinking establishments.
(5)
Taverns.
(6)
Banks and financial institutions, including drive-through banks.
(7)
Art, music and dance studios.
(8)
Motor inns and hotels.
(9)
Banquet and catering facilities.
(10)
General, administrative, executive and professional offices.
(11)
Medical offices.
(12)
Veterinary offices.
(13)
Computer and data processing centers.
(14)
Indoor commercial recreational facilities.
(15)
Museums, art galleries and indoor motion-picture theaters, and theaters for conducting live entertainment or cultural performances.
(16)
Child-care centers.
(17)
Municipal parking facilities.
(18)
Wholesale commercial establishments.
(19)
Dry cleaner.
(20)
Fine arts schools.
(21)
Automobile gasoline and service stations.
(22)
Car wash.
(24)
Any other use, in the opinion of the approving authority, substantially similar to those identified in this subsection.
C.
Accessory uses and structures. Accessory uses and structures in the AC Zone District shall be subject to the following requirements:
(4)
Mobile storage structures are prohibited, except to the extent they are regulated by the definition of "mobile storage structures" in Article 1.
(5)
Outdoor seating in conjunction with a permitted restaurant or eating and drinking establishment, subject to the following:
(a)
The consumption of food by the public at tables located within that portion of the sidewalk which lies between the public street and the building's principal facade, excepting therefrom an unobstructed area at least four feet in width to permit the passage of pedestrians.
(b)
Containing readily removable tables, chairs and other such temporary railings, furniture and structures.
(c)
Unenclosed by fixed walls, ceilings or fences, except for retractable awnings, removable barriers, umbrellas or other nonpermanent enclosures.
(6)
Day-care center.
(7)
Storage areas.
(8)
Other accessory uses and structures customarily subordinate and incidental to permitted principal and/or permitted conditional uses.
D.
Conditional uses and structures. The following uses and structures shall be permitted in the AC Zone District only if they comply with the appropriate regulations for such uses or structures in this chapter:
E.
Prohibited uses and structures:
(2)
The operation of cultivation facilities, product manufacturing facilities and/or testing facilities for marijuana, hashish and/or cannabis, and/or products containing same, and/or paraphernalia that facilitates the use of marijuana, hashish and/or cannabis.
[Added 6-9-2021 by Ord. No. 2021-06]
F.
Bulk and lot regulations. The following bulk and lot regulations shall apply to all uses permitted in the AC Zone District, unless more stringent requirements are provided by this chapter:
(1)
Minimum lot area. Every lot shall contain a minimum lot area of 40,000 square feet.
(2)
Minimum lot width. Every lot shall have a minimum lot width of 100 feet.
(3)
Minimum lot frontage. There shall be a minimum lot frontage of 100 feet for all lots.
(4)
Minimum lot depth. There shall be a minimum of 200 feet of lot depth.
(5)
Setbacks.
(a)
Front. A fifty-foot front yard setback is required. A corner lot shall have a fifty-foot front yard which is parallel to the street with the larger right-of-way. The front yard on a street with a lesser right-of-way may be reduced to 30 feet. For corner lots facing two streets with equal rights-of-way, a fifty-foot front yard setback is required.
(b)
Rear. A thirty-foot rear setback is required.
(c)
Side. Minimum side yard shall be 15 feet with a total of 40 feet for both side yards. If the side property line is adjacent to a residential zone, a minimum of five feet is required to be heavily landscaped.
(6)
Maximum building height. No principal building shall exceed the maximum of three habitable floors, exclusive of basement, but not more than 40 feet in height.
(7)
Maximum building coverage shall not exceed 40%.
(8)
Maximum impervious cover shall not exceed 80%.
(9)
Minimum open space ratio. The minimum area of the lot that shall be provided as landscaped open space shall be 20% of the total lot area. Such landscaped area shall be planted with lawn, shrubs, hedges, flowering plants or trees. Walkways provided in such a landscaped area may be included in the minimum open space area, provided they do not exceed 5% of the total lot area.
(10)
Maximum floor area ratio. The total habitable floor area of all buildings or structures on any lot shall not be more than 100% of the total lot area.
§ 120-23.6 C Commercial Zone District.
[Amended 6-9-2021 by Ord. No. 2021-06; 6-1-2022 by Ord. No. 2022-09; 5-17-2023 by Ord. No. 2023-114-2-2025 by Ord. No. 2025-02; 4-2-2025 by Ord. No. 2025-02]
A.
Purpose of district. The purpose of the C Commercial District is to encourage retail and wholesale sales, personal and business services, as well as business, administrative and professional offices. Well-planned, larger-scale commercial developments designed in a comprehensive manner, integrating the needs of pedestrians, employees and vehicles, are also encouraged. Multifamily residential buildings are also encouraged as a transitional use. This zone is intended to function as a transition zone between residential and industrial zones.
B.
Permitted uses. In the C District, only the following uses shall be permitted, except as provided in Subsections C and D. Principal uses which are substantially similar to the listed principal uses shall be permitted uses.
(1)
Retail establishments.
(2)
Personal and consumer service uses.
(3)
Restaurants and eating and drinking establishments.
(4)
Taverns.
(5)
Banks and financial institutions, including drive-through banks.
(6)
Art, music and dance studios.
(7)
Motor inns and hotels.
(8)
Banquet and catering facilities.
(9)
General, administrative, executive and professional offices.
(10)
Medical offices.
(11)
Veterinary offices and pet daycare facilities.
(12)
Computer and data processing centers.
(13)
Indoor commercial recreational facilities.
(14)
Museums, art galleries and indoor motion-picture theaters, and theaters for conducting live entertainment or cultural performances.
(15)
Child-care centers.
(16)
Municipal parking facilities.
(17)
Wholesale commercial establishments.
(18)
Dry cleaner.
(19)
Fine arts schools.
(20)
Private schools.
(21)
Automobile gasoline and service stations.
(22)
Car wash.
(23)
Houses of worship.
(24)
Storage warehouse.
(25)
Any other use, in the opinion of the approving authority, substantially similar to those identified in this subsection.
C.
Accessory uses and structures. Accessory uses and structures in the C Zone District shall be subject to the following requirements:
(4)
Mobile storage structures are prohibited, except to the extent they are regulated by the definition of "mobile storage structures" in Article 1.
(5)
Outdoor seating in conjunction with a permitted restaurant or eating and drinking establishment.
(6)
Day-care center.
(7)
Storage areas.
(8)
Other accessory uses and structures customarily subordinate and incidental to permitted principal and/or permitted conditional uses.
D.
Conditional uses and structures. The following uses and structures shall be permitted in the C Zone District only if they comply with the appropriate regulations for such uses or structures in this chapter:
E.
F.
Bulk and lot regulations. The following bulk and lot regulations shall apply to all uses permitted in the C Zone District, unless more stringent requirements are provided by this chapter:
(1)
Minimum lot area. Every lot shall contain a minimum lot area of 20,000 square feet.
(2)
Minimum lot width. Every lot shall have a minimum lot width of 100 feet.
(3)
Minimum lot frontage. There shall be a minimum lot frontage of 100 feet.
(4)
Minimum lot depth. There shall be a minimum of 100 feet of lot depth.
(5)
Setbacks.
(a)
Front. A ten-foot front yard setback is required. A corner lot shall have a twenty-five-foot front yard which is parallel to the street with the larger right-of-way. The front yard on a street with a lesser right-of-way may be reduced to 15 feet. For corner lots facing two streets with equal rights-of-way, a twenty-five-foot front yard setback is required.
(b)
Rear. A ten-foot rear yard setback is required. If the rear property line is adjacent to a residential zone or residential use, a 20-foot rear yard setback is required, a minimum of 10 feet of the setback is required to be buffered with landscaping, in accordance with § 120-17.25B.
(c)
Side. Minimum side yard shall be 10 feet with a total of 20 feet for both side yards. If the side property line is adjacent to a residential zone, a minimum of 10 feet of the setback is required to be buffered with landscaping, in accordance with § 120-17.25B.
(6)
Maximum building height. No principal building shall exceed the maximum of three habitable floors, exclusive of basement, but not more than 35 feet in height.
(7)
Maximum building coverage shall not exceed 50%.
(8)
Maximum impervious cover shall not exceed 80%.
(9)
Minimum open space ratio. The minimum area of the lot that shall be provided as landscaped open space shall be 20% of the total lot area. Such landscaped area shall be planted with lawn, shrubs, hedges, flowering plants or trees. Walkways provided in such a landscaped area may be included in the minimum open space area, provided they do not exceed 5% of the total lot area.
(10)
Maximum floor area ratio. The total habitable floor area of all buildings or structures on any lot shall not be more than 125% of the total lot area.
G.
Design and site requirements.
(1)
Parking areas shall be screened from view from residential zones by landscaping, fencing, or a combination thereof to create a buffer in accordance with § 120-17.25A(3)(b) and § 120-17.25B.
(2)
Trash disposal areas shall be located as far from residential zone boundaries as possible and shall be buffered and screened in accordance with § 120-17.25A(3)(d) and § 120-17.25B.
(3)
Lighting shall be located no closer than eight feet to an adjoining residential district and shall not exceed eight feet in height. Lighting shall be designed to avoid up-lighting or halo effect with fixtures incorporating shielding/cutoffs to prevent spillage off site and on adjacent residential properties. Property illumination must not exceed 4.0 footcandle anywhere and shall not exceed 0 footcandle at any part of the property line shared with a residential zone.
§ 120-23.7 OR Office Research Zone District.
A.
Purpose. The purpose of the OR Office Research Zone is to provide for the expansion and development of land uses for research, engineering, product development, manufacturing and related executive and administrative offices in the Borough, to provide for a compatible relationship with abutting land uses, and to provide for the safe and efficient flow of vehicles to and from the office-research areas.
B.
C.
Permitted accessory uses and structures. The following accessory uses and structures shall be permitted, provided they meet the lot, height and yard requirements for principal uses in the zone:
(1)
Parking garages, parking structures and surface parking.
(2)
Gatehouses and security structures.
(3)
Services and facilities for the exclusive use of employees, including indoor and outdoor recreational facilities, cafeterias and outdoor seating areas, health care centers, credit unions, and laundry and dry-cleaning facilities.
(4)
Day-care centers primarily for the use of employees.
(5)
Helistops.
(6)
Equipment used for transmitters and receiving radio and electromagnetic waves, including parabolic antennas.
(7)
Generators.
(8)
Warehousing and storage of materials associated with the above principal uses.
(10)
Other accessory uses and structures customarily subordinate and incidental to permitted principal and/or permitted conditional uses.
(11)
Fences no more than eight feet high, which may be topped by no more than two feet of barbed wire.
E.
Prohibited uses and structures. Any use or structure other than those uses or structures permitted in Subsection A, B, C or D above is prohibited. The following uses are specifically prohibited in the OR zone:
(1)
All residential uses, except that sleeping quarters for custodial or security personnel may be provided for.
(2)
All retail uses, except those provided for the exclusive use of employees and their guests, as provided for herein.
(3)
The operation of cultivation facilities, product manufacturing facilities and/or testing facilities for marijuana, hashish and/or cannabis, and/or products containing same, and/or paraphernalia that facilitates the use of marijuana, hashish and/or cannabis.
[Added 6-9-2021 by Ord. No. 2021-06]
F.
Area, yard and building dimensions. In the OR Zone District, the following dimensional requirements shall apply:
(3)
Maximum building dimensions:
(b)
Lot coverage.
[1]
Twenty-five percent for buildings.
[2]
Seventy-five percent for impervious cover.
[3]
Twenty-five percent for open space, landscaping and buffer. Landscaped areas shall be planted with lawn, shrubs, hedges, flowering plants or trees.
[4]
Maximum floor area ratio. The total habitable floor area of all buildings or structures on any lot shall not be more than 125% of the total lot area.
§ 120-23.8 I Industrial Zone District.
A.
Purpose. This zone is designed to protect and concentrate those commercial and industrial/manufacturing uses that are currently viable and those sites for which industrial/commercial reuse is feasible and probable. It is also designed for those industrial and commercial uses which have a minimum of environmental impacts but have vehicular traffic or utilitarian or operational requirements that make them more appropriately located adjacent to major arterials and compatible land uses, rather than residential uses.
B.
Permitted uses. In the I District, only the following uses shall be permitted, under the performance standards in § 120-22.14, except as provided in Subsections C and D. Principal uses which are substantially similar to the listed principal uses shall be permitted uses.
(1)
Activities of an industrial nature and associated office and clerical activities, provided that they do not cause a nuisance or hazard due to fire, toxic or corrosive fumes, gas, smoke, odors, flashes or objectionable effluent.
(2)
Public utility and public service activities of an industrial character.
(3)
Public garages, automotive repair shops, and new motor vehicle sales and used motor vehicle sales in conjunction therewith, all fully enclosed in a building.
(4)
Storage warehouses, lumber and building material sales and storage and contractor storage yards.
(5)
Processing, assembling, finishing, packaging and storing of goods and materials.
(6)
Packaging and bottling establishment.
(7)
Metalworking and welding activities, excluding the use of heavy machinery of a nuisance-producing character.
(8)
Household appliance repairs, reupholstering and furniture repairs.
(9)
Research laboratories.
(10)
Animal hospitals and kennels.
(11)
Automotive service stations at which motor fuel and oil are dispensed; lubrication, maintenance and minor repair services are performed; tires, batteries and other automobile accessories are sold; and vehicles are washed, provided that they are not within 500 feet of another station, whether said station is inside or outside the Borough limits.
(12)
Telecommunications towers, antennas and appurtenant facilities; all such uses shall comply with the provisions of Article 28. Clustering or grouping of multiple towers is disfavored in the Borough; co-location of antennas on existing towers is encouraged.
(13)
Retail establishments.
(14)
Personal and consumer service uses.
(15)
Restaurants and eating and drinking establishments.
(16)
Taverns.
(17)
Banks and financial institutions, including drive-through banks.
(18)
Art, music and dance studios.
(19)
General, administrative, executive and professional offices.
(20)
Medical offices.
(21)
Veterinary offices.
(22)
Computer and data processing centers.
(23)
Indoor commercial recreational facilities.
(24)
Child-care centers.
(25)
Wholesale commercial establishments.
(26)
Dry cleaner.
(27)
Fine arts schools.
(28)
Private schools.
(29)
Automobile gasoline and service stations.
(30)
Car wash.
(31)
Funeral homes.
[Added 6-1-2022 by Ord. No. 2022-09 ; 5-17-2023 by Ord. No. 2023-11]
C.
Accessory uses and structures. Accessory uses and structures in the I Zone District shall be subject to the following requirements:
(4)
Mobile storage structures are prohibited, except to the extent they are regulated by the definition of "mobile storage structures" in Article 1.
(5)
Outdoor seating in conjunction with a permitted restaurant or eating and drinking establishment.
(6)
Storage areas and buildings as accessory uses shall preferably be confined to enclosed buildings, but may be permitted in outdoor areas or compounds, provided that such an area or compound shall be screened on all sides by a solid masonry wall, solid fence or dense evergreen planting not less than six feet in height. Such accessory storage shall not exceed 10% of the lot area and shall be so arranged at the rear of the building as to be minimally visible from a street. No unscreened outdoor storage areas shall be permitted.
(7)
Other accessory uses and structures customarily subordinate and incidental to permitted principal and/or permitted conditional uses.
D.
Prohibited uses and structures:
(2)
The operation of cultivation facilities, product manufacturing facilities and/or testing facilities for marijuana, hashish and/or cannabis, and/or products containing same, and/or paraphernalia that facilitates the use of marijuana, hashish and/or cannabis.
[Added 6-9-2021 by Ord. No. 2021-06]
E.
Bulk and lot regulations. The following bulk and lot regulations shall apply to all uses permitted in the I Zone District, unless more stringent requirements are provided by this chapter:
(1)
Minimum lot area. Every lot shall contain a minimum lot area of 20,000 square feet.
(2)
Minimum lot width. Every lot shall have a minimum lot width of 100 feet.
(3)
Minimum lot frontage. There shall be a minimum lot frontage of 100 feet.
(4)
Minimum lot depth. There shall be a minimum of 100 feet of lot depth.
(5)
Setbacks.
(a)
Front. A ten-foot front yard setback is required. A corner lot shall have a fifteen-foot front yard which is parallel to the street with the larger right-of-way. The front yard on a street with a lesser right-of-way may be reduced to 10 feet. For corner lots facing two streets with equal rights-of-way, a fifteen-foot front yard setback is required.
(b)
Rear. A ten-foot rear setback is required.
(c)
Side. Minimum side yard shall be five feet with a total of 15 feet for both side yards. If the side property line is adjacent to a residential zone, a minimum of five feet is required to be heavily landscaped.
(6)
Maximum building height. No principal building shall exceed three stories and 40 feet in height.
(7)
Maximum building coverage shall not exceed 50%.
(8)
Maximum impervious cover shall not exceed 80%.
(9)
Minimum open space ratio. The minimum area of the lot that shall be provided as landscaped open space shall be 20% of the total lot area. Such landscaped area shall be planted with lawn, shrubs, hedges, flowering plants or trees.
(10)
Maximum floor area ratio. The total habitable floor area of all buildings or structures on any lot shall not be more than 125% of the total lot area.
F.
Design and site requirements.
(1)
Landscaping.
(a)
All portions of a lot not covered by buildings and outdoor storage enclosures and pedestrian and vehicular surfaces shall be landscaped and thereafter maintained in good condition. "Landscaping" shall mean the planting of grass, shrubs, trees and other comparable ground cover. Appropriate foundation plantings along the front building line shall be provided.
(b)
When the lot, or portion thereof, on which parking or loading spaces are located abuts the rear line or side line of, or is across the street from, any land in a residential district, a solid wall, solid fence or compact evergreen planting no less than four feet in height shall be provided and maintained in good condition. Such screen shall be located adjacent to parking or loading areas rather than on the periphery of the lot.
(c)
Luminaries on off-street parking areas shall not be more than 15 feet above ground level and shall be arranged and designed so as not to cause offensive light or glare in abutting or nearby residential properties.
[Amended 9-12-2018 by Ord. No. 2018-14]
(2)
Architectural appearance. No permit shall be granted in an I District for a building or use if the design or construction of the building is so markedly incongruous with the character of the neighborhood as to be seriously detrimental to the value of adjacent or nearby property. For this purpose, the Planning Board shall review all plans.
§ 120-23.9 G Government Zone District.
A.
Purpose of district.
(1)
The purpose of the G Zone District is to accommodate all government buildings in the Borough, occupied by the Borough, county, state, or federal government, or agencies thereof, on a permanent basis, for public purposes.
(2)
Examples of Government zoned parcels include, but are not limited to: Municipal Building complex; public schools; public works; rescue squad, library; Fire Department and post office.
B.
Principal uses and structures. The G Zone District shall permit public buildings and uses, subject to the performance standards in § 120-22.14.
C.
Bulk and lot regulations: none.
D.
Prohibited uses and structures:
[Added 6-9-2021 by Ord. No. 2021-06]
(1)
The operation of cultivation facilities, product manufacturing facilities and/or testing facilities for marijuana, hashish and/or cannabis, and/or products containing same, and/or paraphernalia that facilitates the use of marijuana, hashish and/or cannabis.
§ 120-23.10 P Park Zone District.
A.
Purpose of district.
(1)
The purpose of the P Park Zone District is to provide parks and open space for passive and active recreation. Services provided by the Borough include maintenance of parkland and linear parkway sites, improved multi-use trails, facilities, and recreational programs for the Borough's children, adults, and senior citizens.
(2)
Community and neighborhood parks provide both passive and active recreational opportunities throughout the Borough. The parks provide playing fields/courts for tennis, basketball, volleyball, soccer, baseball, softball and football, many of which are used by local sports organizations to serve area youth. The parks also offer picnic and playground areas, skateboarding, and roller hockey amenities.
(3)
Examples of Park zoned parcels include, but are not limited to: Lenape Park; Black Brook Park; Galloping Hill Park; and DiMario Park.
B.
Principal uses and structures. The P Zone District shall permit parks, playgrounds, and open space, subject to the performance standards in § 120-22.14.
C.
Accessory uses and structures. The P Zone District shall permit off-street parking; recreation, entertainment and educational programs; and signs.
D.
Bulk and lot regulations: none.
E.
Prohibited uses and structures:
[Added 6-9-2021 by Ord. No. 2021-06]
(1)
The operation of cultivation facilities, product manufacturing facilities and/or testing facilities for marijuana, hashish and/or cannabis, and/or products containing same, and/or paraphernalia that facilitates the use of marijuana, hashish and/or cannabis.
§ 120-23.11 CE Cemetery Zone District.
A.
Purpose of district. The purpose of the CE Zone District is to allow more control over the placement of cemetery activities within the Borough and ensure the compatibility of the cemetery with the surrounding land uses, thereby protecting the health, safety and general welfare of the Borough residents.
B.
Principal uses and structures: cemeteries and mausoleums. Any building and land may be used for the permanent internment of one or more dead human bodies or cremated remains, in addition to any accessory buildings and uses customarily incidental to the operation and maintenance of a cemetery.
C.
Accessory uses and structures: off-street parking and signs.
D.
Bulk and lot regulations. Maximum height for mausoleums: 30 feet; minimum setback of mausoleums and graves from property line: 30 feet.
E.
Prohibited uses and structures:
[Added 6-9-2021 by Ord. No. 2021-06]
(1)
The operation of cultivation facilities, product manufacturing facilities and/or testing facilities for marijuana, hashish and/or cannabis, and/or products containing same, and/or paraphernalia that facilitates the use of marijuana, hashish and/or cannabis.
§ 120-23.12 CS Community Serving Zone District.
A.
Purpose of district. The purpose of the Community Serving (CS) Zone District is to establish and preserve areas for community services which are needed to serve the residents of the Borough. The Community Serving District shall include those lands currently occupied by uses that serve the community while owned by nongovernmental organizations, such as the following:
B.
Principal uses and structures: houses of worship; parochial schools; nonprofit chartered membership organizations; religious, recreational, social, educational and cultural purposes, subject to the performance standards in § 120-22.14.
C.
Accessory uses and structures: off-street parking and signs.
D.
Bulk and lot regulations: none. Reasonable standards shall be applied by the approving authority during site plan review.
E.
Prohibited uses and structures:
[Added 6-9-2021 by Ord. No. 2021-06]
(1)
The operation of cultivation facilities, product manufacturing facilities and/or testing facilities for marijuana, hashish and/or cannabis, and/or products containing same, and/or paraphernalia that facilitates the use of marijuana, hashish and/or cannabis.
(2)
No new Community Serving uses shall be allowed with any frontage on the Boulevard.
[Added 6-1-2022 by Ord. No. 2022-09 ; 5-17-2023 by Ord. No. 2023-11]
§ 120-23.13 Boulevard Downtown Residential Overlay.
A.
While residential uses have not been allowed on the Boulevard in quite some time, there is a pocket of preexisting nonconforming second floor apartments within the LC Local Commercial District between 20th Street and 24th Street. Over 20 apartments exist in this area of the Boulevard. Rather than continue the nonconforming status of those properties, the Board believes it to be in the public interest to recognize the existing land use pattern and to bring as many properties as possible into conformity with the Land Use Ordinance. The Boulevard Downtown Residential Overlay shall be limited to the area described herein. The Board recommends that this area, and only this area, be placed in the Residential Overlay Zone with a minimum of two bedrooms per apartment.
B.
Residential dwelling units shall be limited to the second or third floor of a building. Each unit shall consist of at least two bedrooms and be a minimum of 650 square feet in size.
C.
Prohibited uses and structures:
[Added 6-9-2021 by Ord. No. 2021-06]
(1)
The operation of cultivation facilities, product manufacturing facilities and/or testing facilities for marijuana, hashish and/or cannabis, and/or products containing same, and/or paraphernalia that facilitates the use of marijuana, hashish and/or cannabis.
§ 120-23.14 SLO Senior Living Overlay Zone District.
A.
Purpose. The current industrial area between North 10th Street and North 12th Street between Washington and Monroe Avenues should be an overlay Senior Citizens Housing Zone. This would allow any age restricted (55+) and disabled housing in the overlay zone. A minimum of 10% of the senior housing shall meet affordable housing guidelines. All forms of senior living are encouraged. Density shall be no more than 24 units per acre and parking shall be provided in accordance with the Land Use Ordinance. Recreational facilities shall be included as part of any senior complex and will include outdoor and indoor recreational areas.
B.
Accessory uses and structures. The following accessory uses and structures shall be permitted in the SLO Zone:
(4)
Accessory uses and structures customarily subordinate and incidental to permitted principal uses and accessory uses and structures customarily subordinate and incidental to permitted conditional uses. For the purposes of administering this provision, recreational facilities, such as swimming pools, tennis courts and racquetball courts, shall not be considered to be a use customarily incidental to senior citizens housing.
C.
Conditional uses and structures. The following conditional uses and structures shall be permitted in the SLO Senior Living Overlay Zone only if they comply with the appropriate regulations for such uses or structures identified in Article 30:
D.
Prohibited uses and structures:
(2)
The operation of cultivation facilities, product manufacturing facilities and/or testing facilities for marijuana, hashish and/or cannabis, and/or products containing same, and/or paraphernalia that facilitates the use of marijuana, hashish and/or cannabis.
[Added 6-9-2021 by Ord. No. 2021-06]
E.
Bulk and lot regulations. The following bulk and lot regulations shall apply to all uses permitted in the Senior Living Overlay District:
(1)
Minimum lot area. Every lot shall contain a minimum lot area of three acres.
(2)
Minimum lot width. Every lot shall have a minimum lot width of 400 feet.
(3)
Minimum lot frontage. There shall be a minimum lot frontage of 400 feet.
(4)
Minimum lot depth. There shall be a minimum of 300 feet of lot depth.
(5)
Setbacks:
(a)
Front. Thirty-five feet or the height of the principal building, whichever is greater.
(b)
Rear. A thirty-five-foot rear setback is required.
(c)
Side. Minimum side yard shall be 35 feet. If the side property line is adjacent to a residential zone, a minimum of five feet is required to be heavily landscaped.
(6)
Maximum building height. No principal building shall exceed four stories and 45 feet in height.
(7)
Maximum building coverage shall not exceed 50%.
(8)
Maximum impervious cover shall not exceed 80%.
(9)
Minimum open space ratio. The minimum area of the lot that shall be provided as landscaped open space shall be 20% of the total lot area. Such landscaped area shall be planted with lawn, shrubs, hedges, flowering plants or trees.
F.
Other regulations applicable to senior citizens housing in the Senior Living Overlay District.
(1)
Compatible architecture. The design of accessory buildings and structures, including the nature of building materials used, shall be substantially the same as used in the construction of principal buildings on the same site designed to be used for multifamily residential use.
(2)
Use of accessory buildings, basements and attics. No part of any accessory building or structure, basement or attic shall be used for living purposes.
(3)
Screening. Any premises in the SLO Senior Living Overlay District that is used for senior citizens housing shall be effectively screened on any side which abuts any premises that is used exclusively as a single-family detached or two-family dwelling or underlying industrial use. The required screening shall meet the conditions imposed by the Planning Board for this purpose.
§ 120-23.15 GO Gateway Overlay Zone District.
The nonresidential zoned Gateway areas at the entrance to the Borough should be placed in an overlay Gateway Zone that will visually identify, in a formal and attractive way, the entrance into the Borough. This can be accomplished by adding identifiable features, such as banners, specialized sidewalks, specialized paving and enhanced landscaping requirements. The Gateway area shall include: North Michigan Avenue from Route 22 to Black Brook Park; Springfield Road from Route 22 to Black Brook Park; and Kenilworth Boulevard starting at the Garden State Parkway and extending approximately 1,000 feet west to Market Street.
A.
Purpose.
(1)
The purpose of the Gateway Zone is to provide a community entry experience which can be accomplished with limited gateway corridors. The Gateway is the entrance into the Borough of Kenilworth and the gateway corridors are the defined travel routes that extend from these entrances into primary destination areas of the Borough.
(2)
Gateways are intended to identify primary entrances into the Borough of Kenilworth. The incorporation of "gateway scenes" at the defined gateways will function as a visual anchor to clearly identify the area as a gateway. "Gateway scenes" should be composed of specific elements that serve to provide a sense of arrival, reaffirm direction, and reinforce the identity and character of Kenilworth. The Primary Gateways are defined as the following:
(a)
North Michigan Avenue from Route 22 to Black Brook Park, including Lot Nos. 1, 3, 4, 5, 6, 8, 9 and 10 in Block No. 1; Lot Nos. 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 and 13 in Block No. 2; and Lot Nos. 1 and 2 in Block No. 3.
(b)
Springfield Road from Route 22 to Black Brook Park, including Lot Nos. 10, 11, 12, 13, 14, 15, 16, 18 and 19 in Block 3.
(c)
Kenilworth Boulevard starting at the Garden State Parkway and extending approximately 1,000 feet west to Market Street, including Lot No. 1 in Block 184; Lot No. 2.01 in Block No. 184.1; Lot 10 in Block No. 183; Lot Nos. 1 and 7.01 in Block 179; and Lot No. 1 in Block 128.
B.
Recommended features to be included.
(1)
Gateways should announce entry into Kenilworth by incorporating specific elements that create a "gateway scene." The composition should function as a visual anchor and provide a sense of arrival, reaffirm direction, and reinforce the identity of Kenilworth.
(2)
The specific elements proposed for the "gateway scene" should reflect the history and spirit of Kenilworth and include gateway monumentation, fencing, decorative planting, and seasonal interest plants. The design for each of the defined gateways may vary, although the elements comprising the "gateway scene" should be repeated to reinforce the concept of entry.
C.
Signage. Gateway monumentation should be incorporated into the design of the "gateway scene" at the primary gateways. Gateway signage will need to be addressed in greater detail in a signage plan and coordinated with the Planning Board, Borough Planner and Borough Engineer for incorporation into the primary gateways. The design for the monuments may vary at each gateway but should use the same design vocabulary, color scheme, and graphics. The monuments should be reflective of the character of the gateway, appropriately scaled, and legible to motorists.
[Amended 9-12-2018 by Ord. No. 2018-14]
D.
Fencing.
(1)
Fencing should be an integral part of the "gateway scene" for all the primary gateways. Fencing will help to define the gateways, providing a backdrop that reflects the design vocabulary and reinforces Kenilworth's identity.
[Amended 9-12-2018 by Ord. No. 2018-14]
(2)
The proposed fence design for the primary gateways may vary but should incorporate forms, materials, and colors associated with a formalized setting in wrought iron or similar materials that are similar to fencing used in the region but unique enough to establish an unquestionable identity.
E.
Brick pavers. Brick masonry and paving is an element that is often visually associated with the downtown historic buildings and the Borough core. Incorporation of brick pavers in the design for the primary gateways will reinforce their connection to downtown and help orient the traveler.
F.
Decorative planting. Landscape provides an opportunity to reinforce Kenilworth's support of attractive features and the beauty of the Borough, a feature that should be enforced and encouraged throughout the Borough. Variations of the planting scheme will ultimately extend throughout the Borough. Plant material, color, and forms should be used to reinforce the unique character of each gateway. Each gateway should be somewhat structured and formal. Plant material proposed for the primary gateways should be selected to reflect seasonal change. Ornamental shrubs, annuals, and perennials should be introduced to emphasize entry, introduce the character of the corridor, and reinforce Kenilworth's appreciation of the beauty of the landscape.
G.
Public art. Gateways are the front door to the Borough and are prime locations for public art because of the visual exposure they provide. Public art helps to define gateways and the character of the Borough by providing an image that travelers associate with. Public art should be incorporated into the primary gateways either as part of the design for the gateway monuments or in separate piece of work.
H.
Prohibited uses and structures:
[Added 6-9-2021 by Ord. No. 2021-06]
(1)
The operation of cultivation facilities, product manufacturing facilities and/or testing facilities for marijuana, hashish and/or cannabis, and/or products containing same, and/or paraphernalia that facilitates the use of marijuana, hashish and/or cannabis.
§ 120-23.16 Affordable Housing Overlay Zone.
[Added 9-28-2016 by Ord. No. 2016-07]
A.
Purpose. The purpose of this zone district is to provide a realistic opportunity for the construction of low- and moderate-income housing as land becomes available for development and redevelopment in the Borough of Kenilworth, thereby addressing some of the constitutional housing obligations of the Borough under New Jersey's Fair Housing Act, N.J.S.A. 52:27D-301 et seq., the rules of the New Jersey Council on Affordable Housing ("COAH"), N.J.A.C. 5:94, and the Mount Laurel doctrine.
B.
Scope of applicability. This overlay zone shall apply to all of the land area, excluding lands in Zone Districts G, P, CE, and CS, of the Borough of Kenilworth.
C.
Low- and moderate-income housing requirements. Neither the Planning Board nor the Borough Council on an appeal of a final decision of the Planning Board or the Borough Council in adopting and implementing a redevelopment plan shall approve a development application in any zone district or area in need of redevelopment or rehabilitation for a residential development or a mixed use development with four or more dwelling units unless 20% of the total number of dwelling units developed at the same site of the development application are set aside and sold or rented to low- and moderate-income households, as defined by COAH, in accordance with applicable COAH rules, currently codified at N.J.A.C. 5:94, as may be amended from time to time. Alternatively, at the discretion of the approving agency, up to 50% of the required number of affordable units may be developed off site, according to a schedule and strategy acceptable to the approving agency. All fractional obligations shall be rounded to the closest whole number. Any deviation from these requirements shall be at the sole discretion of the approving agency.
[Amended 9-12-2018 by Ord. No. 2018-14]
D.
Prohibited uses and structures:
[Added 6-9-2021 by Ord. No. 2021-06]
(1)
The operation of cultivation facilities, product manufacturing facilities and/or testing facilities for marijuana, hashish and/or cannabis, and/or products containing same, and/or paraphernalia that facilitates the use of marijuana, hashish and/or cannabis.