Lambertville City Zoning Code
ARTICLE IV
Zoning
§ Z-400.1 Principal Building; Yard and Lot Regulations.
Unless otherwise specified in this Ordinance, not more than one principal dwelling or building shall be permitted on one lot. Where a lot is formed from part of a lot already occupied by a building any subdivision shall be executed in such a manner so as to not create or exacerbate any violation of the requirements of this Ordinance with respect to the existing building and all yard, setback, buffers and open space in connection therewith All resulting lots shall have dimensions consistent with the requirements of the zoning district in which they are located.
§ Z-400.2 Unlawful Encroachment.
In the event of any unlawful encroachment or reduction of open space or yard area, the building or structure, as the case may be, shall be deemed in violation of the provisions of this Ordinance and the Certificate of Occupancy for such building or structure shall be null and void.
§ Z-400.3 Exception for Certain Utilities and Other Infrastructure.
The provisions for review by a board of competent jurisdiction shall not apply to utility distribution or collection lines for water, sewerage, storm water, natural gas and electric, nor telephone, and cable television or other telecommunications lines supplied by a public or local utility, or cable television company which are located in a public street providing service to private property. The location of substations, offices, service yards, or other similar uses shall require the review and approval of the Board of Jurisdiction.
§ Z-400.4 Frontage on Public Street.
Every principal use shall be located on a lot with frontage upon a public street which has been improved in accordance with the applicable City standards or for which such improvement has been insured by the posting of a performance guaranty in accordance with this Ordinance.
§ Z-400.5 Dedication of Right-of-Way.
No subdivision or site plan involving any street(s) requiring additional right-of-way width as specified in the Master Plan or Official Map and the street requirements of the City shall be approved unless such additional right-of-way, either along one or both sides of said street(s), as applicable, shall be deeded to the municipality or other appropriate governmental agency.
§ Z-400.6 Yards.
No open space provided around any principal building for the purposes of complying with the front, side, or rear yard requirements of this Ordinance shall be considered as providing for the required yard areas of another principal building.
§ Z-400.7 Special Minimum Setback Requirements.
A.
Residential Lots. In order to maintain positive lot drainage, no detached dwelling, accessory building or structure (excluding fences and walls), or driveway otherwise permitted in this Ordinance shall be located within five feet of a side or rear lot line unless a lot grading plan is first submitted and approved by the City Engineer.
B.
Transmission Lines. No residential building shall be placed within 100 feet of the vertical plane established by the closest portion of a high voltage transmission line (excluding its support), or 150 feet from any underground petroleum or natural gas transmission pipeline.
C.
Limited Access Highways. No residential building shall be placed within 150 feet of the right-of-way line of a limited access highway.
D.
Delaware and Raritan Canal Buffer. Any required yard or required setback shall be measured from the closest edge of any buffer required by the Delaware and Raritan Canal Commission.
§ Z-400.8 Height Exception.
Penthouses or roof structures for the housing of elevators, stairways, ventilating fans, air conditioning equipment, or similar equipment required to operate and maintain the building; roof towers, spires, steeples, flagpoles, chimneys, smokestacks, monuments, silos, or similar structures may be erected above the height limits prescribed by this Ordinance but in no case more than 25% higher than the maximum height permitted in the applicable district. Water towers, electricity transmission and telecommunications towers shall have no height restrictions except as may be required by the Airport Safety and Zoning Act of 1983 (N.J.S.A. 6:1-80 et seq.) as it may be amended or superseded.
§ Z-400.9 Exception to Area Requirements.
A.
Lot Consolidation. Whenever title to two or more contiguous unimproved lots is held by the same owner, regardless whether or not each lots may have been approved as portions of a major subdivision, or acquired by separate conveyance or by other operation of law, and one or more lot(s) should, by reason of exceptional narrowness, shallowness, typographical conditions, substandard area or yard space, not conform with the minimum lot area and dimension requirements for the zone in which it is located, the contiguous unimproved lots shall be considered as a single lot and the provisions of this Ordinance shall apply to the entire lot.
B.
Right-of-Way Dedication. Whenever land has been dedicated or conveyed to the City by a lot owner to meet the minimum street width requirement of the Land Subdivision Ordinance or to implement the Official Map or Master Plan of the City, the Administrative Officer shall issue the appropriate permits for the lot whose areas are rendered substandard in area only because of such dedication and where the owner has no other unimproved adjacent lands to provide the minimum requirements.
C.
Side Yard Exception. Undersized lots where § 400.9A is not applicable may be permitted a reduction in the side yard requirements in the same proportion as the width of the existing lot is to the minimum requirements of this Ordinance. However, in no case shall any side yard be less than five feet.
§ Z-400.10 Temporary Uses.
Application may be made to the Governing Body for a permit for a temporary use inconsistent with the provisions of this Ordinance for special events lasting for a period not to exceed two weeks in any one year. Such events may include, but not be limited to, festivals, circuses, bazaars, fairs, fund-raising events, and athletic contests. In the granting or denial of such temporary use permit the Governing Body may consider the following:
A.
The adequacy of provisions for public safety, including, but not limited to, fire prevention, crowd control, and emergency medical services.
B.
The adequacy of provisions for vehicular and pedestrian traffic control, including ingress and egress, parking, attendants and temporary traffic signage.
C.
The adequacy of provisions for food handling, solid waste, and sanitary sewerage.
D.
The sufficiency of insurance for the event.
E.
Any other measures necessary to protect the public health, safety, and welfare.
F.
The Governing Body may impose reasonable conditions on the issuance of any temporary use permit including, but not limited to, the posting of adequate surety and the reimbursement of expenses incurred by the municipality for the event.
§ Z-401 RESIDENTIAL - CONSERVATION (R-C) DISTRICT.
[Ord. No. 99-13]
§ Z-401.1 Purpose.
The purpose of the Residential - Conservation (R-C) District is to allow very low density single family detached housing in areas with severe flooding potential, poor access, and a lack of public water and sewer. The large lots required in this district are to reduce the potential for destruction of property or endangerment of the public and to allow dwellings to be located on the land least constrained by environmental factors.
§ Z-401.2 Permitted Uses.
§ Z-401.3 Accessory Uses.
Any of the following accessory uses may be permitted when used in conjunction with a principal use:
§ Z-401.4 Area, Yard, Height and Coverage Requirements.
§ Z-401.5 Additional Requirements.
Any building excepting boat houses shall be so sited on the lot to minimize its observance from the Delaware River.
§ Z-402 RESIDENTIAL LOW DENSITY (R-L) DISTRICT.
[Ord. No. 99-13]
§ Z-402.1 Purpose.
The purpose of the Residential Low Density (R-L) District is to provide for single family detached dwellings at densities between 1.3 units per acre and three acres per unit. The R-L District is characterized by areas of steep slopes; freshwater wetlands; streams; shallow, stony soils; and shallow depth to bedrock that present difficult sites to develop. Because of these characteristics, clustering of residential units on the least constrained land is preferred over conventional development.
§ Z-402.2 Permitted Uses.
[Ord. No. 2001-15]
In the Residential Low Density Zone, no lot shall be used and no structure shall be erected, altered or occupied for any purpose except the following:
A.
Single family detached dwellings.
B.
Public, parochial and non-profit private schools for academic instruction.
C.
Parks and recreation.
D.
Conservation.
E.
Municipal use.
F.
Cemetery.
G.
Residential Option 1 Overlay District. Within those lands marked as Residential Option 1 Overlay District on the Zoning Map, an application for development may be submitted under the regulations of this subsection. The intent of this optional district is to create an architecturally diverse urban neighborhood in an open space setting. Such development shall be subject only to the specific provisions set forth herein and shall not be subject to other provisions of this Ordinance except as specifically referenced herein:
2.
Restriction on conditional uses. No development utilizing the provisions of the Residential Option 1 Overlay District shall include any conditional use permitted in § 402.4.
3.
General regulations. The following general regulations shall apply to any Residential Option 1 Overlay District development:
a.
Minimum tract size: 45 acres.
b.
Maximum density: 2.32 units per gross pre-development acre.
c.
Minimum tract frontage: 500 feet.
d.
Minimum open space: 45% of total tract area.
f.
Buildings shall be separated the following minimum distances measured from their closest points:
g.
Units in structure. No more than six dwelling units shall be permitted in any one structure.
h.
All development shall be served by public water and public sanitary sewer.
4.
Area, Yard, Height and Coverage Requirements. The following regulations shall apply to each lot in the Residential Option 1 Overlay District:
Use | Single Family Semi-Detached Dwelling | Townhouse Dwelling |
|---|---|---|
Minimum lot size | 2,250 square feet | 2,250 square feet |
Minimum lot frontage | 30 feet | 30 feet |
Minimum lot width at the building line | 30 feet | 30 feet |
Maximum building coverage | 55% | 60% |
Maximum lot coverage | 75% | 80% |
Principal Building Minimum Yard Depths and Height Limitations | ||
Front Yard | 20 feet | 20 feet |
Side Yard | 0 feet, common wall; 10 feet otherwise | 0 feet, common wall; 10 feet otherwise |
Rear Yard | 15 feet | 15 feet |
Maximum Height | 35 feet or 2 1/2 stories, whichever is less | 35 feet or 2 1/2 stories, whichever is less |
Accessory Building Minimum Yard Depths and Height Limitations(1) | ||
Front Yard | N.P. | N.P. |
Side Yard | 3 feet | 3 feet |
Rear Yard | 3 feet | 3 feet |
Maximum Height | 12 feet | 12 feet |
(1) - Applies to accessory buildings associated with individual dwellings on fee simple lots |
N.P. = Not a permitted location |
5.
Additional Requirements. The following additional requirements shall apply to Residential Option 1 Overlay District developments:
a.
Each dwelling shall have a private rear yard of 200 square feet minimum.
b.
A minimum of 200 square feet of storage shall be provided in the basement, attic or other attached area for each dwelling exclusive of bedroom closet space.
c.
Decks shall conform to the requirements of § 405.6E, except that no privacy screen shall be required. No second floor or higher deck shall be permitted unless the rear yard abuts the tract perimeter or common open space.
d.
Landscaping design intent. Landscaping for Residential Option 1 Overlay District developments is intended to create a transition between an urban streetscape and a natural, wooded landscape. To accomplish this, the following should be adhered to:
(1)
An urban streetscape shall include street tree plantings and a delineation between the public rights-of-way and private yards. Delineation may include landscaping, walls or fences consistent with this design intent. Additionally, foundation planting plans, ornamental trees for each individual unit, naturalized plantings of storm water management areas, and enhanced landscaping around any amenity features, such as entries or community-wide accessory structures, shall be included in the design of the overall landscape plan.
(2)
The landscaping plan shall also be sensitive to the woodland setting in which the new development occurs. The standards offered below shall therefore be followed to the extent reasonably possible:
(a)
Landscaping shall be provided to soften the visual impact of the buildings. Landscape buffers, including evergreen trees, shall be planted to minimize views of rear yards from Route 29.
(b)
All plants shall be tolerant of specific site conditions. The use of indigenous species is strongly encouraged. Exotic, non-native invasive plant species are strongly discouraged.
e.
Additional landscaping requirements. No other Ordinance provisions relating to landscaping shall apply under Residential Option 1 Overlay District except for the recommended plants and plant material specifications of § 510.3 through § 510.7.
6.
Lighting shall conform to the requirements of § 511.1 and § 511.2.
7.
Permitted increases in slope disturbance.
a.
Given the increase in open space required for the Residential Option 1 Overlay District, and in consideration thereof, the maximum permitted disturbance of steep slopes shall be as follows:
Extent of Slope | Maximum Extent of Disturbance of Sloped Area |
|---|---|
0 to 15% | No limit |
15.1 to 20% | 35%(1) |
20.1 to 30% | 25% |
30.1%+ | 5% |
(1) - May be increased to 40% as of right to permit conformance with the storm water management standards of the Residential Site Improvement Standards, N.J.A.C. 5:21-7 |
Slope disturbance calculations submitted by the applicant may exclude disturbance necessitated by the construction or reconstruction of minor collector streets. |
b.
Notwithstanding the steep slope limitations set forth in § 402G.7.a above, to the extent that an application for development exceeds the standards of the Residential Site Improvement Standards pursuant to N.J.A.C. 5:21-3.6 for storm water management (N.J.A.C. 5:21-7), the steep slope standards in § 402G.7.a above shall be relaxed to the minimum extent necessary to allow such exceedance from the storm water management standards of the Residential Site Improvement Standards.
8.
Open space use. No recreation facilities or structures shall be required to be provided under the Residential Option 1 Overlay District, however nothing shall be construed as to prevent an application to the Board of Jurisdiction for use of common open space for conservation or passive recreation uses.
9.
Limit of disturbance and tree protection. A limit of disturbance line shall be delineated on the steep slope analysis submitted in accordance with § 519.6. Trees outside of the limit of disturbance shall be preserved. Trees to be retained within the limit of disturbance line shall be protected from injury in accordance with § 510.12B.
H.
IO-1 Inclusionary Overlay Zone District.
[Amended 4-18-2019 by Ord. No. 05-2019]
1.
Purpose and Area of Application: to address its affordable housing unmet need obligation, the City through the implementation of an Inclusionary Overlay Zone Ordinance that creates a realistic opportunity for housing that is affordable to very-low-, low-, and moderate-income households on Block 1072, Lots 3 and 3.01, and Block 1058, Lot 15. This subsection establishes the Inclusionary Overlay Zone 1 — the IO-1 District — and permits the creation of multifamily development on the properties identified above provided that such housing complies with a required inclusionary set-aside requirement for affordable housing and with the requirements of this subsection. This subsection shall not take effect until such time that the sites have access to public water and sewer.
2.
Special Rules.
a.
In any inclusionary development permitted by this subsection, in the case of affordable rental units, at least 15% of the residential units must be affordable to very-low-, low-, and moderate-income households and, in the case of owner-occupied affordable units, at least 20% of the residential units must be affordable to very-low-, low-, and moderate-income households.
b.
Where this subsection contradicts § LDR-1200.6 of the City's Affordable Housing Ordinance, the effects and requirements of this subsection shall supersede the requirements of § LDR-1200.6.
4.
Restriction on Conditional Uses. No development utilizing the provisions of the IO-1 Inclusionary Overlay District shall include any conditional use permitted in § Z-402.4.
5.
Accessory Uses Permitted:
a.
Common recreational facilities, as specifically approved by the Planning Board within the specified open space in order to satisfy the needs of the residential population within the development, including but not limited to tennis courts, tot lots, picnic tables and recreational paths.
b.
Complementary landscape structures and elements including benches, trellises, gazebos and other such features customarily associated with the permitted principal uses.
c.
Underground sprinkler systems within the designated open space and within individual lots, provided that the water spray does not extend beyond the tract boundary line.
e.
Patios and balconies.
f.
Off-street parking and private garages in accordance with §§ Z-402.2H9 and Z-509.
g.
Signs in accordance with §§ Z-402.2H11 and Z-515.
h.
Office space within an apartment building to be used for the operation and management of the affordable rental apartments.
j.
Stormwater management and other utilities.
k.
Conservation areas, recreation, open space, and public purpose uses.
l.
Temporary construction trailers and one sign not exceeding 32 square feet in area, either attached to the trailer or freestanding, which advertises the prime contractor, subcontractor(s), architect, financing institution and similar data for the period of construction beginning with the issuance of a construction permit and ending with the issuance of a certificate of occupancy or one year, whichever time period is less. The temporary construction trailer(s) and temporary sign shall be located on the site where the construction is taking place and shall be set back at least 30 feet from all lot lines and from the right-of-way lines of all existing and proposed streets. There shall be at least one operating telephone within the trailer.
m.
Other accessory uses customarily incidental to a principal use.
7.
Area, Yard, Height and Coverage Requirements.
a.
The following regulations, area, bulk, setback and intensity requirements for the principal dwelling and permitted accessory structures applies for the IO-1 District:
IO-1 Area, Yard, Height and Coverage Requirements § Z-402.2H7 | ||
|---|---|---|
Requirements | ||
Tract | ||
Minimum tract size | 2.2 acres | |
Maximum density | 6 dwelling units per acre | |
Minimum open space | 20% | |
Minimum buffer to existing single-family detached dwellings | 20 feet | |
Lots | Townhouse Dwelling | Multifamily Apartments |
Minimum lot size | 2,000 square feet | 30,000 square feet |
Minimum lot frontage | 20 feet | 150 feet |
Minimum lot depth | 100 feet | 200 feet |
Maximum building coverage | 70% | 35% |
Maximum lot coverage | 80% | 60% |
Principal Building | ||
Minimum front yard | 10 feet | 20 feet |
Minimum side yard | 0 feet common wall; 10 feet otherwise | 30 feet |
Minimum rear yard | 15 feet | 50 feet |
Maximum garage height | 1 story | N/A |
Distance between buildings | ||
Side-to-side | 20 feet | 30 feet |
Rear-to-rear | 50 feet | 50 feet |
Side-to-rear | 50 feet | 50 feet |
Accessory Buildings or Structures | ||
Minimum front yard | N.P. | N.P |
Minimum side yard | N/A | 10 feet |
Minimum rear yard | 3 feet | 10 feet |
Distance to another building | N/A | 20 feet |
Notes: | ||
1. Patios and decks on end units may not project more than 3 feet beyond the principal building wall. | ||
2. Balconies may encroach into a required minimum setback up to 3 feet. | ||
3. Unless modified by § Z-400.7A. | ||
N.P. = Not a permitted location | ||
b.
No parking area, loading area, driveway or other structure (except for approved accessways, signs and fencing) shall be permitted within 20 feet of any tract boundary line, and such areas shall be planted and maintained in lawn area or ground cover and shall be landscaped with trees and shrubbery as approved by the Board.
8.
Requirements for Buildings.
a.
General Architectural Requirements.
(1)
Multiple detached principal buildings shall be permitted on the tract.
(2)
The exteriors of all building in the development, including accessory buildings, shall be architecturally compatible and shall be constructed of complementary materials.
(3)
All building elevations shall exhibit classical proportions. The characteristics of classicism include symmetry, repetition of elements, expressions of hierarchy to reflect the building uses, and tripartite compositions (base, middle, top).
(4)
Subelements within the facades and individual architectural components (i.e., railings, awnings, columns) shall also conform to the overall classical proportions of the facade.
(5)
All entrances to a building shall be articulated utilizing architectural elements such as lintels, pediments, pilasters, columns, porticoes, porches or overhangs.
(6)
Balconies and patios shall be designed as integral subcomponents of the building facade. Cantilevered balconies are not permitted.
(7)
The building shall be provided with both heat and smoke alarms as well as fire suppression sprinkler system where required by code.
b.
Facade Treatments.
(1)
Any facade exceeding 30 feet or more in length shall include at least one change in wall plane (projection or recess) having a depth of at least 3% of the entire length of the facade and extending for a minimum of 20% of the entire length of the facade.
(2)
The architectural treatment of the front facade(s) shall be continued in its major features around all sides of each building.
c.
Roof Treatments.
(1)
Principal roof eaves shall project at least two feet beyond the building facade or a supporting column. Secondary roof eaves (i.e., balconies, porches and patios) shall project at least one foot.
(2)
Primary roofs shall have a minimum pitch of 6/12. Secondary roofs may have a pitch below 6/12.
(3)
The transition between a facade and a roof shall have a cornice or frieze that is designed to fit the overall composition of the facade.
d.
Windows and Fenestration.
(1)
Windows and other openings in the facade shall exhibit a vertical emphasis, in harmony with the overall facade composition. Windows shall be single hung with simulated divided lights.
(2)
Within each building elevation, the maximum ratio of windows to wall shall be 50% window to 50% wall. The minimum ratio of window to wall shall be 25% window to 75% wall.
9.
Off-Street Parking and Driveways.
a.
Parking shall not be permitted between buildings and Brunswick Avenue (Route 518).
b.
Townhouse Dwellings.
(1)
Individual townhouse driveways shall not have direct access to a public street, but may have direct access to an internal street, roadway, etc.
(2)
Townhouse dwellings shall provide at least one off-street parking space within an enclosed garage located in the rear yard with access from a lane/alley.
(3)
Garages, driveways and parking areas shall have a minimum setback of three feet from any side property line or side of dwelling unit. An exception to the three-foot setback from the side property lines shall exist for townhouse lots to permit garages, driveways and parking areas that share a common wall on the common property line.
c.
Multifamily dwellings.
(1)
Parking shall not be located in the front yard between buildings and public streets. Individual building driveways shall not have direct access to a public street, but may have direct access to an internal street, roadway, etc.
(2)
Parking areas shall not be located between buildings and internal streets, roadways, etc.
(3)
Parking areas shall be set back at least seven feet from building walls.
d.
Each dwelling unit shall be provided a minimum number of parking spaces according to the provisions of the Residential Site Improvement Standards (RSIS), N.J.A.C. 5:21, or based upon historical data provided subject to City review.
10.
Trash and Recycling Requirements.
a.
The trash and recyclable material collection and pickup locations shall be provided either within the building being served or in nearby locations outside the building.
b.
If located outside the building, the trash and recyclable materials area shall be totally enclosed, finished with materials used to construct the building(s) being served, up to a maximum of eight feet in height, and located in a manner to be obscured from view from parking areas, streets and adjacent residential uses or zoning districts by a fence or wall. Landscaping, at least six feet in height, shall be provided around any outdoor trash and recycling area.
c.
The area provided for the collection and pickup of trash and recyclable materials shall be well lit and shall be safely and easily accessible by trash and recycling personnel and vehicles. Collection vehicles shall be able to access the trash and recycling area without interference from parked cars or other obstacles. Reasonable measures shall be taken to protect the trash and recycling area and the bins or containers placed therein against theft of trash and recyclable materials, bins or containers.
d.
Any bins or containers which are used for the collection of trash and recyclable material, and which are located in an outdoor trash and recycling area, shall be equipped with a lid.
e.
Individual bins or containers for the collection and pickup of recyclable materials shall be equipped with signs indicating the materials to be placed therein.
11.
Permitted Signage.
a.
Community Sign. One ground-mounted freestanding sign identifying the name of the development no larger than 25 square feet shall be permitted at the entrance to the development from an existing public street.
(1)
The sign shall not exceed six feet in height and shall be set back at least 10 feet from all street lines and 50 feet from all other property lines.
(2)
Any sign illumination shall be external to the sign and shall be designed and oriented to prevent any sight of the lamp from any street or neighboring properties.
b.
Residential Building Identification. Each residential building may have up to two attached identification signs. The maximum sign area of each shall not exceed six square feet. Such signs shall be appropriately integrated within the architecture of the buildings.
12.
Community Design.
a.
The front facade of buildings shall face Brunswick Avenue (Route 518).
b.
A minimum of 750 square feet of area shall be provided as community open space for the residential development.
c.
Plantings. All portions of a lot not covered by buildings or structures (e.g., parking lots, parking spaces, loading areas, access aisles, driveways, sidewalks, walkways, curbs, trash enclosures, children play areas, dog walks, etc.) shall be suitably planted with grass, shrubs, and trees and shall be maintained in good condition. In any case, no less than 20% of the area of the lot shall be so planted, and the planted area may include approved detention and/or retention basins.
d.
Other Design Features.
(1)
Wherever reasonably feasible, sustainable construction techniques shall be utilized to minimize the impact upon the environment, including energy efficient building designs, recycled materials, water conservation devices, permeable pavement, native plantings, low chemical usage to maintain the landscaping, and similar measures which are sensitive to the environment.
(2)
The stormwater management plan shall include stormwater management facilities that are designed to enhance the aesthetic attributes of the proposed development.
13.
Affordable Housing Standards.
a.
A developer's agreement is required to establish low/moderate apportionment, very-low-income requirement per N.J.S.A. 52:27D-329.1, bedroom distribution, unit size, etc.
b.
At least 13% of the units shall be affordable to very-low-income households, 37% of the units shall be affordable to low-income households, and 50% may be affordable to moderate-income households.
c.
The affordable units shall be developed in accordance with COAH's regulations at N.J.A.C. 5:93[1] and the Uniform Housing Affordability Controls (UHAC), N.J.A.C. 5:80-26.1 et seq., which govern the administration and affordability controls of affordable units in New Jersey, with one exception. The exception is for 13% very-low-income housing at 30% of the regional median income instead of the UHAC requirement of 10% very-low-income housing at 35% of the regional median income.
[1]
Editor's Note: In accordance with N.J.S.A. 52:14B — 5.1b, Chapter 93, Substantive Rules of the New Jersey Council on Affordable Housing for the Period Beginning June 6, 1994, expired on 10-16-2016.
d.
Affordable Housing Standards. In addition to addressing the requirements of COAH and noted above, the affordable units shall be developed in accordance with the following:
§ Z-402.3 Accessory Uses.
§ Z-402.4 Conditional Uses.
[Ord. No. 2006-16]
The following conditional uses may be permitted when authorized by the Planning Board:
A.
Residential uses on reduced area lots as otherwise permitted in areas characterized as steep slopes in accordance with § 519.
C.
(Reserved)
D.
House of worship, subject to the following criteria:
E.
Farm market, subject to the following criteria:
1.
No farm market shall exceed 3,000 square feet in gross floor area.
2.
Access to a farm market shall be from a collector or arterial road.
3.
No farm market shall exceed one story in height.
4.
A farm market shall be set back from the right-of-way line a minimum of 30 feet.
5.
At least 50% of the number of products sold on an annual basis shall be fresh food or perishables.
F.
Bed and breakfast accommodation, subject to the following criteria:
1.
The minimum lot size shall be 15,000 square feet for lots served by public water and sewer, otherwise, the minimum lot size shall be two acres.
2.
No more than six guest rooms or suites shall be permitted.
3.
Off-street parking equal to one for each guest room or suite shall be required.
4.
No parking shall be permitted in the front yard. Parking lots shall be adequately screened from adjacent properties to obscure the view of parked vehicles.
5.
Only guests of the facility and their invitees shall be served food and drink on the premises.
6.
No cooking facilities shall be permitted in guest rooms or suites.
7.
There shall be a maximum residency limitation on all guests of 30 days.
G.
ECHO unit, provided the following criteria are met:
1.
The ECHO housing unit shall be in conjunction with a primary single-family residence existing on the lot.
2.
The occupants shall be restricted to one or two persons who are family members of the owner/occupant of the primary dwelling on the lot and at least one shall be either a senior citizen or a disabled person.
3.
The ECHO housing unit shall comply with the required setbacks for an accessory structure and the additional standards in § 402.7.
§ Z-402.5 Density Limitations.
The following maximum density limits shall be met for all uses within the R-L District:
A.
Single family detached dwellings with public sewer and water: 1.3 units per acre.
The permitted number of units shall be determined by multiplying the gross acreage of the tract by 1.3 and rounding to the next highest whole number.
B.
Other single family detached dwellings: 1 unit per three acres
C.
Nursing home and assisted living facility: 25 beds per acre
§ Z-402.6 R-L Area, Yard, Height and Coverage Requirements.
The following regulations shall apply to each lot:
Use | Single Family with water & sewer; B&B | Single Family w/o water & sewer | Nursing Home, Assisted Living Facility, House of Worship | Municipal Use | Other use |
|---|---|---|---|---|---|
Minimum lot size | 10,000 square feet(1) | 2 acres(3) | 2 acres(2) | 7,500 square feet | 3 acres |
Minimum lot frontage | 75 feet | 100 feet(3) | 200 feet | 75 feet | 200 feet |
Minimum lot width at the building line | 75 feet | 150 feet | 300 feet | 75 feet | 300 feet |
Maximum Building Coverage | 40% | 10% | 50% | 70% | 5% |
Maximum Lot Coverage | 60% | 30% | 75% | N/A | 15% |
Principal Building Minimum Yard Depths and Height Limitations | |||||
Front Yard | 25 feet | 50 feet | 50 feet | 25 feet | 75 feet |
Side Yard | 10 feet | 25 feet | 50 feet | 10 feet | 30 feet |
Rear Yard | 30 feet | 50 feet | 50 feet | 30 feet | 50 feet |
Maximum Height 35 feet | 35 feet | 40 feet, or 2 stories(4) | 40 feet | 35 feet | |
Accessory Building Minimum Yard Depths and Height Limitations | |||||
Front Yard | N.P. | N.P. | N.P. | N.P. | N.P. |
Side Yard | 5 feet(5) | 10 feet | 20 feet | 10 feet | 20 feet |
Rear Yard | 5 feet(5) | 10 feet | 25 feet | 10 feet | 25 feet |
Max. Height | 15 feet | 20 feet | 25 feet | 25 feet | 20 feet |
N.P. — Not a permitted location |
(1) - See also, density limits of § 402.5. Bed and Breakfast accommodation is only permitted on lots 15,000 square feet or larger |
(2) - See also § 402.4.B |
(3)- Excepting flag lots, see § 402.7 for additional regulations |
(4) - Houses of worship may extend to 45 feet in height |
(5) - ECHO units shall be a minimum of 10 feet from the side or rear property line |
§ Z-402.7 Additional Standards.
[Ord. No. 18-2016]
The following additional standards shall apply:
A.
ECHO Housing.
1.
The ECHO housing unit shall be positioned in such a way as to minimize its visibility from adjacent lots or public rights-of-way. To minimize this visibility, the Zoning Officer may require landscape buffering.
2.
Each ECHO housing unit shall comply with the minimum unit size requirements for Neighborhood Preservation Balanced Housing Program (N.J.A.C. 5:43 et seq.).
3.
No ECHO housing unit shall exceed 900 square feet in area.
4.
The exterior of ECHO housing units shall be covered with a material and color that compliments the facade of the primary residence on the property.
5.
The unit shall be removed from the premises within six months of the end of the term of occupancy of the approved applicant and the lot restored to its status prior to the installation of the unit. The Zoning Officer may extend the time period for removal up to an additional three months upon adequate documentation of marketing efforts to sell the unit during the initial six-month period.
6.
The ECHO unit shall be separated from the principal dwelling a minimum of five feet.
B.
Flag Lots. Flag lots for single family detached dwellings shall be permitted in accordance with the following requirements:
1.
Flag lots shall only be permitted where either public water or sewer or both is not available.
2.
The minimum lot size shall be met without including the area of the access "pole" and shall be a minimum of three acres in area. All other yard, area and coverage requirements shall be as for conventional single family detached residences without water and sewer.
3.
The minimum width of the access strip shall be 25 feet.
4.
Flag lots shall not be permitted in major subdivisions. No more than two flag lots shall be permitted to be created from the original tract.
§ Z-403 RESIDENTIAL 1 (R-1) SINGLE FAMILY DISTRICT.
[Ord. No. 99-13]
§ Z-403.1 Purpose.
The purpose of the Residential 1 (R-1) Single Family District is to provide for single family detached dwellings, limited institutional uses, and municipal purposes in the three hills area of the municipality. These areas are largely developed and mostly served with public water and sewer.
§ Z-403.2 Permitted Uses.
In the Residential 1 Zone, no lot shall be used and no structure shall be erected, altered or occupied for any purpose except the following:
§ Z-403.3 Accessory Uses.
Any of the following accessory uses may be permitted when used in conjunction with a principal use:
E.
Fences and walls, pursuant to § 507.
F.
Signs, pursuant to § 515.
G.
ECHO unit, provided the following criteria are met:
1.
The ECHO housing unit shall be in conjunction with a primary single family residence existing on the lot.
2.
The occupants shall be restricted to one or two persons who are family members of the owner/occupant of the primary dwelling on the lot and at least one shall be either a senior citizen or a disabled person.
3.
The ECHO housing unit shall comply with the required setbacks for an accessory structure and the additional standards in Section 403.6.
§ Z-403.4 Conditional Uses.
[Ord. No. 2006-16]
The following conditional uses may be permitted when authorized by the Planning Board:
A.
Residential uses on reduced area lots as otherwise permitted in areas characterized as steep slopes in accordance with § 519.
C.
(Reserved)
D.
Clinics and houses of worship, subject to the following criteria:
E.
Bed and breakfast accommodation, subject to the following criteria:
1.
The minimum lot size shall be 15,000 square feet and shall be served by public water and sewer.
2.
No more than six guest rooms or suites shall be permitted.
3.
Off-street parking equal to one for each guest room or suite shall be required.
4.
No parking shall be permitted in the front yard. Parking lots shall be adequately screened from adjacent properties to obscure the view of parked vehicles.
5.
Only guests of the facility and their invitees shall be served food and drink on the premises.
6.
No cooking facilities shall be permitted in guest rooms or suites.
7.
There shall be a maximum residency limitation on all guests of 30 days.
§ Z-403.5 R-1 Area, Yard, Height and Coverage Requirements.
The following regulations shall apply to each lot:
Use | Single Family | Elderly Boarding Home | Clinic & House of Worship | Municipal Use | Other use |
|---|---|---|---|---|---|
Minimum lot size | 7,500 square feet | 30,000 square feet | 1 acre | 7,500 square feet | 3 acres |
Minimum lot frontage | 75 feet | 150 feet | 150 feet | 75 feet | 200 feet |
Minimum lot width at the building line | 75 feet | 150 feet | 150 feet | 75 feet | 300 feet |
Maximum Building Coverage | 40% | 25% | 25% | 70% | 20% |
Maximum Lot Coverage | 60% | 60% | 75% | N/A | 50% |
Principal Building Minimum Yard Depths and Height Limitations | |||||
Front Yard | 25 feet(1) | 25 feet | 30 feet | 25 feet | 30 feet |
Side Yard | 10 feet | 20 feet | 20 feet | 10 feet | 30 feet |
Rear Yard | 30 feet | 40 feet | 40 feet | 30 feet | 50 feet |
Maximum Height | 35 feet | 35 feet, or 2 1/2 stories | 35 feet, or 2 stories(2) | 40 feet | 35 feet |
Accessory Building Minimum Yard Depths and Height Limitations | |||||
Front Yard | N.P. | N.P. | N.P. | N.P. | N.P. |
Side Yard | 5 feet(3) | 20 feet | 20 feet | 10 feet | 20 feet |
Rear Yard | 5 feet(3) | 25 feet | 25 feet | 10 feet | 25 feet |
Max. Height | 15 feet | 25 feet | 25 feet | 25 feet | 20 feet |
N.-P. = Not a permitted location |
(1)- In blocks where more than 50% of the properties abutting a common street line are developed, the front yard of the principal building may be the average of all the existing setbacks on the same side of the street of the block |
(2) - Houses of worship may extend to 45 feet in height |
(3) - ECHO units shall be a minimum of 10 feet from the side or rear property line |
§ Z-403.6 Additional Standards.
The following additional standards shall apply:
A.
ECHO Housing.
1.
The ECHO housing unit shall be positioned in such a way as to minimize its visibility from adjacent lots or public rights-of-way. To minimize this visibility, the Zoning Officer may require landscape buffering.
3.
No ECHO housing unit shall exceed 900 square feet in area.
4.
The exterior of ECHO housing units shall be covered with a material and color that compliments the facade of the primary residence on the property.
5.
The unit shall be removed from the premises within six months of the end of the term of occupancy of the approved applicant and the lot restored to its status prior to the installation of the unit. The Zoning Officer may extend the time period for removal up to an additional three months upon adequate documentation of marketing efforts to sell the unit during the initial six-month period.
6.
The ECHO unit shall be separated from the principal dwelling a minimum of five feet.
B.
Bed and Breakfast Accommodation. Bed and breakfast accommodation shall conform to the area, yard and lot coverage requirements of § 402.6 that have not been modified herein.
§ Z-404.1 Purpose.
The purpose of the Residential 2 (R-2), Downtown Residential District is to allow for several types of residences, limited institutional, lodging or social uses, and municipal purposes in the lowland area of the municipality. These areas are fully developed and served with public water and sewer.
§ Z-404.2 Permitted Uses.
In the Residential 2 Zone, no lot shall be used and no structure shall be erected, altered or occupied for any purpose except the following:
A.
Single family detached dwelling.
B.
Semi-detached dwelling.
C.
Townhouse.
D.
Emergency services facilities.
E.
Public, parochial and private schools for academic instruction.
F.
Parks and recreation.
G.
Conservation.
H.
Municipal use.
I.
Funeral homes.
J.
Clubs, lodges or other social and fraternal organizations.
§ Z-404.3 Accessory Uses.
§ Z-404.4 Conditional Uses.
[Ord. No. 18-2016]
The following conditional uses may be permitted when authorized by the Planning Board:
A.
Bed and breakfast accommodation, subject to the following criteria:
1.
The minimum lot size shall be 10,000 square feet and the use shall be served by public water and sewer.
2.
No more than six guest rooms or suites shall be permitted.
3.
Off-street parking equal to one for each guest room or suite shall be required. Off-street parking may be accommodated off-site provided that the location is within 600 feet of the subject site and an adequate guaranty that establishes a right to the use of the off-tract parking is secured.
4.
No parking shall be permitted in the front yard. Parking lots shall be adequately screened from adjacent properties to obscure the view of parked vehicles.
5.
Only guests of the facility and their invitees shall be served food and drink on the premises.
6.
No cooking facilities shall be permitted in guest rooms or suites.
7.
There shall be a maximum residency limitation on all guests of 30 days.
B.
Accessory apartment, subject to the following criteria:
1.
The apartment shall be occupied only by a low and moderate income household as defined by N.J.A.C. 5:93-1.3.
2.
The apartment shall conform to the requirements for maximum rent level in N.J.A.C. 5:93-5.9(a)3.
3.
The apartment shall be affirmatively marketed in accordance with N.J.A.C. 5:93-11.
4.
Controls on the affordability of the accessory apartment shall remain in effect for a minimum of 10 years in accordance with N.J.A.C. 5:93-5.9(e), as it may be amended or superseded.
5.
Accessory apartments shall only be permitted within single family detached dwellings or their accessory structures. Only one such apartment per lot shall be permitted.
7.
Each accessory apartment shall have direct access to the side or rear exterior of the building.
C.
Age-Restricted Development. Senior citizen apartments shall be permitted subject to the following criteria:
§ Z-404.5 R-2 Area, Yard, Height and Coverage Requirements.
The following regulations shall apply to each lot:
Use | Single Family & Municipal | Semi-detached Residence | Townhouse | Funeral Home, Club & Office | Senior Apartments, Other use |
|---|---|---|---|---|---|
Minimum lot size | 2,800 square feet | 1,875 square feet | 1,350 square feet | 10,000 square feet | 30,000 square feet |
Minimum lot frontage | 40 feet | 25 feet | 18 feet | 75 feet | 150 feet |
Minimum lot width at the building line | 40 feet | 25 feet | 18 feet | 75 feet | 150 feet |
Maximum Building Coverage | 60% | 65% | 70% | 30% | 30% |
Maximum Lot Coverage | 80% | 80% | 80% | 60% | 60% |
Principal Building Minimum Yard Depths and Height Limitations | |||||
Front Yard | 0 feet | 0 feet | 0 feet | 10 feet | 10 feet |
Side Yard | 5 feet | 0 feet 1 side 5 feet other side | 0 feet(1) | 10 feet | 15 feet |
Rear Yard | 15 feet | 15 feet | 15 feet | 20 feet | 20 feet |
Maximum Height | 40 feet or 3 stories | 40 feet or 3 stories | 40 feet or 3 stories | 35 feet or 2 1/2 stories | 40 feet(2) |
Accessory Building Minimum Yard Depths and Height Limitations | |||||
Front Yard | N.P. | N.P. | N.P. | N.P. | N.P. |
Side Yard | 0 feet(3) | 0 feet(3) | N/A | 10 feet | 10 feet |
Rear Yard | 3 feet(3) | 3 feet(3) | 3 feet(3) | 5 feet | 10 feet |
Max. Height | 15 feet | 12 feet | 12 feet | 15 feet | 15 feet |
N.-P. = Not a permitted location |
(1) - The end wall of a building not attached to another unit shall be a minimum of 10 feet from any other building. |
(2) - Houses of worship may extend to 60 feet in height |
(3) - Unless modified by § 400.7.A. |
§ Z-404.6 Additional Standards for Bed and Breakfast Accommodation.
Bed and breakfast accommodation shall conform to the area, yard and lot coverage requirements of § 402.6 that have not been modified herein.
§ Z-405.1 Purpose.
The purpose of the Residential 3 (R-3) Townhouse District is to provide for low density, modern, townhouse development which incorporates significant common open space.
§ Z-405.2 Permitted Uses.
§ Z-405.3 Accessory Uses.
Any of the following accessory uses may be permitted when used in conjunction with a principal use:
A.
Private garage.
B.
Deck.
C.
Swimming pool for the common use of residents.
D.
Tennis courts and other usual recreational facilities.
E.
Home occupations, pursuant to § 520.
F.
Family day care conforming to N.J.S.A. 40:55D-66.5b.
G.
Fences, walls, gazebos, mail kiosks and other street furniture.
H.
Maintenance building.
I.
Signs, pursuant to § 515.
§ Z-405.4 R-3 General District Regulations.
The following general regulations shall apply to any R-3 District development.
A.
Minimum tract size: 10 acres.
B.
Maximum density: 3 units per acre.
C.
Minimum tract frontage: 200 feet.
D.
Minimum open space: 40% of total tract area.
E.
Maximum building coverage: 20% of total tract area.
F.
Maximum impervious surface coverage: 60% of total tract area.
H.
Building separation requirements shall be as follows:
§ Z-405.5 R-3 Area, Yard, Height and Coverage Requirements.
The following regulations shall apply to each lot:
Use | Townhouse | Municipal Use | Other use |
|---|---|---|---|
Minimum lot size | 1,350 square feet | 10,000 square feet | 30,000 square feet |
Minimum lot frontage | 18 feet | 75 feet | 150 feet |
Minimum lot width at the building line | 18 feet | 75 feet | 150 feet |
Maximum Building Coverage N/A(1) | 30% | 30% | |
Maximum Lot Coverage N/A(1) | 60% | 60% | |
Principal Building Minimum Yard Depths and Height Limitations | |||
Front Yard | 0 feet(1) | 25 feet | 50 feet |
Side Yard | 0 feet(1) | 10 feet | 15 feet |
Rear Yard | 15 feet(1) | 20 feet | 20 feet |
Maximum Height | 40 feet or 3 stories | 35 feet or 2 1/2 stories | 35 feet |
Accessory Building Minimum Yard Depths and Height Limitations | |||
Front Yard | N.P. | N.P. | N.P. |
Side Yard | N/A(2) | 10 feet | 10 feet |
Rear Yard | N/A(2) | 5 feet | 20 feet |
Maximum Height | 15 feet | 15 feet | 15 feet |
N.-P. = Not a permitted location |
(1) - Applies to fee simple townhouse lots only |
(2) - Accessory buildings shall adhere to the building separation and tract boundary setback requirements. |
§ Z-405.6 R-3 Additional Requirements.
The following additional requirements shall apply to townhouse developments:
A.
Townhouse units attached on a single linear plane shall not exceed six units in a row.
B.
Each townhouse shall have a private rear yard of 200 square feet minimum.
C.
A minimum of 200 square feet of storage shall be provided in the basement, attic or other attached area for each unit exclusive of bedroom closet space.
D.
Recreational facilities shall be set back from the perimeter of the tract a minimum of 75 feet and shall not be located closer than 25 feet to a dwelling. Such facilities shall be screened from adjacent residences and public rights-of-way with a minimum buffer of 15 feet consisting of landscaping materials, and/or fencing and walls.
E.
Decks shall be attached to the rear elevation of a townhouse, only. Decks may extend across the full width of the dwelling, however, any deck within five feet of the common wall of another dwelling unit shall be constructed with a privacy screen attached to the edge of the deck perpendicular to the vertical plane of the rear elevation. Such privacy screen shall be six feet in height and shall be a minimum of 75% opaque. The privacy screen shall extend the depth of the deck or a distance of at least 10 feet from the vertical plane of the rear elevation, whichever is greater. No deck may be greater than 14 feet in depth measured perpendicularly from the rear elevation.
§ Z-406.1 Permitted Uses.
The following uses shall be permitted in the CBD Zone:
A.
Single family semi-detached residential.
B.
Townhouse.
C.
Retail sales including retail services incidental to such sales.
D.
Personal services.
E.
Restaurants and luncheonettes.
F.
Hotels.
G.
Galleries and antique stores.
H.
Public utilities except maintenance yards, power generation, or similar industrial functions.
I.
General and professional offices.
J.
Commercial recreational uses, including but not limited to theatres, bowling alleys, bike and boat rental, sporting goods, skating rinks, and similar uses.
K.
Municipal and school district uses.
L.
Parks, playgrounds, and conservation.
M.
Waterfront commercial use shall be permitted as an optional development overlay provided the tract is located between the Delaware River and Delaware and Raritan Canal, and between the extensions of Delaware Street and Swan Street, excluding any part of Holcombe Island.
N.
Religious use, including house of worship, parish house, rectory, parochial school, convent, or similar such use.
O.
Senior citizen residential apartments.
P.
IO-2 Inclusionary Overlay Zone District.
[Added 4-18-2019 by Ord. No. 05-2019]
1.
Purpose and Area of Application: to address its affordable housing unmet need obligation, the City through the implementation of an Inclusionary Overlay Zone Ordinance that creates a realistic opportunity for housing that is affordable to very-low-, low-, and moderate-income households on Block 1022, Lot 8. This subsection establishes the Inclusionary Overlay Zone 2 — the IO-2 District - and permits the adaptive reuse of the existing nonresidential building into non-age-restricted (family) apartments on the property identified above provided that such housing complies with a required inclusionary set-aside requirement for affordable housing and with the requirements of this subsection.
2.
Special Rules.
a.
In any inclusionary development permitted by this subsection, in the case of affordable rental units, at least 15% of the residential units must be affordable to very-low-, low-, and moderate-income households and, in the case of owner-occupied affordable units, at least 20% of the residential units must be affordable to very-low-, low-, and moderate-income households.
b.
Where this subsection contradicts § LDR-1200.6 of the City's Affordable Housing Ordinance, the effects and requirements of this subsection shall supersede the requirements of § LDR-1200.6.
4.
Restriction on Conditional Uses. No development utilizing the provisions of the IO-2 Inclusionary Overlay District shall include any conditional use permitted in § Z-406.3.
5.
Accessory Uses Permitted:
a.
Common recreational facilities, as specifically approved by the Planning Board within the specified open space in order to satisfy the needs of the residential population within the development, including but not limited to tennis courts, tot lots, picnic tables and recreational paths.
b.
Landscaping features including benches, trellises, gazebos and other such features customarily associated with the permitted principal uses.
d.
Patios and balconies.
e.
Off-street parking in accordance with §§ Z-406.1P7 and Z-509.
g.
Office space within an apartment building to be used for the operation and management of the affordable rental apartments.
i.
Stormwater management and other utilities.
j.
Conservation areas, recreation, open space, and public purpose uses.
k.
Temporary construction trailers and one sign not exceeding 32 square feet in area, either attached to the trailer or freestanding, which advertises the prime contractor, subcontractor(s), architect, financing institution and similar data for the period of construction beginning with the issuance of a construction permit and ending with the issuance of a certificate of occupancy or one year, whichever time period is less. The temporary construction trailer(s) and temporary sign shall be located on the site where the construction is taking place and shall be set back at least 30 feet from all lot lines and from the right-of-way lines of all existing and proposed streets. There shall be at least one operating telephone within the trailer.
l.
Other accessory uses customarily incidental to a principal use.
6.
Maximum Density. The maximum density of housing units shall be 10 units per acre.
8.
Affordable Housing Standards.
a.
A developer's agreement is required to establish low/moderate apportionment, very-low-income requirement per N.J.S.A. 52:27D-329.1, bedroom distribution, unit size, etc.
b.
At least 13% of the units shall be affordable to very-low-income households, 37% of the units shall be affordable to low-income households, and 50% may be affordable to moderate-income households.
c.
The affordable units shall be developed in accordance with COAH's regulations at N.J.A.C. 5:93[1] and the Uniform Housing Affordability Controls (UHAC), N.J.A.C. 5:80-26.1 et seq., which govern the administration and affordability controls of affordable units in New Jersey, with one exception. The exception is for 13% very-low-income housing at 30% of the regional median income instead of the UHAC requirement of 10% very-low-income housing at 35% of the regional median income.
[1]
Editor's Note: In accordance with N.J.S.A. 52:14B — 5.1b, Chapter 93, Substantive Rules of the New Jersey Council on Affordable Housing for the Period Beginning June 6, 1994, expired on 10-16-2016.
d.
Affordable Housing Standards. In addition to addressing the requirements of COAH and noted above, the affordable units shall be developed in accordance with the following:
§ Z-406.2 Accessory Uses.
The following accessory uses shall be permitted in conjunction with a principal use:
A.
Fences and walls in accordance with § 507.
B.
Signs in accordance with § 406.11 and § 515.
C.
Surface parking lots.
D.
Outdoor seating, provided that the following conditions are met:
E.
Other accessory uses customarily incidental to a principal use.
§ Z-406.3 Conditional Uses.
The following conditional uses may be permitted in the Central Business District:
A.
Conversion of existing buildings for apartment use conforming to the criteria of § 406.8 and § 517.
B.
Structured parking conforming to the criteria of § 406.9 and § 517.
C.
Taverns and bars conforming to the criteria of § 406.10 and § 517.
D.
Conversion of second floor and higher floors to non-residential use provided that the gross floor area of the building shall not be less than 1,800 square feet and the criteria of § 517 are met.
E.
Cannabis retailer conforming to the criteria of § 406.13 and § 517.
[Added 7-22-2021 by Ord. No. 16-2021]
F.
Accessory apartments confirming to the criteria of § 406.14.
[Added 7-21-2022 by Ord. No. 18-2022]
§ Z-406.4 Area, Yard, and Building Coverage Requirements.
[Ord. No. 18-2016]
A.
Residential and Non-Residential Uses, excepting Waterfront Commercial Uses.
1.
Minimum lot size: 1,000 square feet.
2.
Minimum lot frontage: 14 feet.
3.
Front Build to Line: The front wall of a building shall be located on the front property line, unless modified by § 602.
4.
Minimum rear yard: 10 feet, excepting corner lots.
5.
Minimum side yard: zero feet.
6.
The minimum separation distance between buildings shall be governed by the fire separation distance requirements in the currently adopted Building Code as amended by the Uniform Construction Code in N.J.A.C. 5:23-1 et seq.
7.
Maximum building height: 40 feet.
8.
Maximum building coverage: 80% of total lot area.
B.
Waterfront Commercial Use.
1.
Minimum tract size: three acres.
2.
Minimum lot size: one acre.
3.
Minimum lot frontage: 40 feet.
4.
Front build to line: The front wall of a waterfront commercial building may be located on the front property line, unless modified by § 602.
5.
Minimum rear yard: 20 feet.
6.
Minimum side yard: zero feet.
7.
The minimum separation distance between buildings shall be governed by the fire separation distance requirements in the currently adopted Building Code as amended by the Uniform Construction Code in N.J.A.C. 5:23-1 et seq.
8.
Maximum building height: 40 feet above the deck elevation of the Lambertville-New Hope Bridge.
9.
Minimum building distance from Delaware and Raritan Canal: 50 feet.
10.
Minimum building distance from Lambertville-New Hope Bridge superstructure: 40 feet.
11.
Maximum building coverage: 50% of total lot area.
§ Z-406.5 Additional Waterfront Commercial Development Requirements.
A.
Conformance to Community Development Goals. Any waterfront commercial development shall conform to the goals and objectives as set forth in the Master Plan and associated documents of the City of Lambertville for the Delaware River in order to create a consistent architectural scheme among its buildings and a streetscape well connected to the central business district, providing for the preservation of natural features including environmentally sensitive lands, with integrated recreation and public amenities.
B.
Public Access. Any waterfront commercial development shall provide a visible public access to the Delaware River or Island Creek, as the case may be. The continuity of public access along the waterfront shall be encouraged. Pedestrian connections to existing public open space, including the Delaware and Raritan Canal, shall be encouraged.
C.
Views. Existing or important views of the Delaware River and Island Creek are a valuable public resource and shall be maintained to the greatest feasible extent within the context of the overall planning of any waterfront commercial development. The approving authority may require such additional information on existing viewsheds as it deems reasonably necessary in order to determine compliance with this requirement.
D.
Traffic Impact. A traffic impact study shall be submitted indicating no unreasonably adverse impact on public streets in the same or adjacent zone, including signalized intersections. In the event that a traffic impact study indicates a lowering of the level of service at a signalized intersection due to such proposed facility, the applicant proposing such development shall be responsible for improvements to retain the existing level of service.
§ Z-406.6 Design Standards for the Central Business District.
Lambertville occupies a unique place in New Jersey by virtue of its placement on the National and State Registers of Historic Places, proximity to the Delaware River, association with the Delaware and Raritan Canal, and its long history of settlement that has resulted in the rich and diverse architectural character of a riverfront town. Design standards are necessary to preserve this rich history by providing guidance to property owners in the renovation of existing structures and the development of new buildings. The following guidelines and standards shall be used to prepare and review the physical, visual, and spatial character and overall appearance of site plan and subdivision applications for development in relation to the specific streetscape, adjacent buildings, and the central business district in general. In this section, guidelines are overall principles to be used in the design of sites. Standards are to be followed in the placement and design of buildings unless specifically waived by the approving authority.
A.
Design Guidelines.
1.
Consideration of context. The design of a building or structure shall be undertaken with clear and reasonable regard for adjacent and nearby buildings, setbacks, streetscape, open spaces and site improvements.
2.
Continuation of design elements. Existing architectural and urban design elements shall be used as guidelines in the overall design of a building or structure. The physical, visual, and spatial characteristics of immediate and nearby buildings or structures shall be reinforced through the use of architectural and urban design elements to achieve a coherent, organized, development pattern within a block's area.
3.
Retention of historical context. The distinguishing original qualities or character of the streetscape should not be altered by the removal or alteration of historic buildings or their architectural features. Buildings and structures should be recognized as products of a particular time or era and not altered to appear like another period.
B.
Design Standards.
1.
Building mass. The massing and height of the building should be similar to the ones that make up the rest of the streetscape.
Example: A one story ranch house would be incompatible with 2 1/2 story houses.
2.
Building proportion. The relationship of the building's height to width in the front facade should be proportioned to be the same as nearby buildings.
Example: A low and wide Prairie style house would be incompatible with narrow and tall Federal or Greek Revival proportions characteristic of Lambertville.
3.
Architectural elements. The elements in the facade, such as windows, doors, sidelights, and projections from it, such as porches, balconies, or porte-cocheres should be proportional in height and width both within themselves and in relationship to the supporting wall as other structures in the streetscape.
Example: Wide picture windows are incompatible with Queen Anne style windows which feature tall and narrow profiles.
4.
Element spacing. The spacing and size of exterior wall to the elements in the facade should be compatible with adjacent and nearby buildings.
Examples: Modern windows which wrap corners are incompatible with pre-WWII buildings which lack this technological advantage. A pent roof should not be larger than the roof of an addition or main roof.
5.
Streetscape rhythm. The relationship of the new building to side yards and the setback from the street should be similar to the existing pattern of development.
Examples: Buildings should be set in line with the front edge of existing buildings. Side yards should be narrower than the width of the lot on which the building sits.
6.
Building materials. The use of building materials, their texture, and color should be visually compatible with existing buildings in the district.
Example: Vinyl siding with an embossed wood grain is incompatible with wooden clapboard siding, which is planed smooth.
7.
Roof Lines. The shape, roof line, and slope of roofs, including dormers, chimneys, and other projections should be compatible with nearby structures. Roof lines are a particularly important design feature because they strongly convey the mass of the building.
Example: A low pitched gable roof is incompatible with the mansard roof of the Second Empire style.
8.
Landscape Elements. Landscape elements such as individual trees and tree masses, walls, fencing, and other materials should be compatible with the existing views from the street.
Example: A wooden stockade fence would not be compatible with wrought iron. Chain link fencing should not be used at all.
9.
Ornamental Features. The exterior features of a building, including ornamentation, should be visually compatible with the architectural era of nearby buildings.
Examples: Shutters should be fitted to the window size and be designed to work rather than attached flat to a building's facade. Ornamental cornices should not be boxed with aluminum or vinyl.
§ Z-406.7 Off-Street Parking and Loading Requirements.
[Amended 7-21-2022 by Ord. No. 18-2022]
A.
Residential uses. Each dwelling unit shall be provided a minimum number of parking spaces according to the provisions of the Residential Site Improvement Standards (RSIS), N.J.A.C. 5:21.
B.
Nonresidential uses. New nonresidential use shall be required to provide off-street parking spaces in accordance with the Schedule of Required Off-Street Parking Facilities, § Z-406.7D, when the following occurs:
C.
Change in use. Change of use applications for residential, nonresidential, or a combination of the two that result in a net increase of 15 or more parking spaces shall be required to provide off-street parking spaces for those spaces in excess of the net increase of 15 spaces that would be generated by the change of use.
D.
Schedule of required off-street parking facilities. The following parking schedule shall be used to calculate the required number of parking spaces per use, as necessary. Unless otherwise noted, the calculation shall be based upon the gross square footage of the floor area of the use. Where the calculation results in a fraction of a space, the required number of parking spaces shall be rounded to the next highest whole number. Where more than one permitted use is allowed within the district, the requirement for parking spaces shall be the sum of the individual uses computed separately.
1.
Retail and personal sales and service: one space per 300 square feet.
2.
General and professional offices, excepting medical and dental offices: one space per 300 square feet.
3.
Medical and dental offices: one space per 250 square feet.
4.
Restaurants and luncheonettes: one space per three seats.
5.
Taverns and bars: one space per two seats. Where individual seats are not provided, each 24 inches of counter shall constitute one seat.
6.
Funeral homes shall provide at least six spaces for each viewing room.
7.
Hotels, motels and inns: one space per room.
8.
Artist galleries and antique stores, excepting cooperative spaces: one space per 600 square feet.
9.
Cooperatives: three spaces per exhibit area.
10.
Religious use, excepting residential: one space for each five seats. Where individual seats are not provided, each 21 inches of bench or pew shall be considered one seat.
11.
Public assembly: one space for each five seats.
12.
Theatre: one space for each three seats.
13.
Commercial recreation, indoor: one space for each 400 square feet, excepting bowling alleys which shall provide four spaces per lane.
14.
Commercial recreation, outdoor: Sufficient space shall be provided to prevent parking in fire lanes or parking aisles as reasonably determined by the approving authority.
15.
Other uses not specifically identified: one space per 300 square feet.
E.
Required loading.
1.
Each business or service establishment shall have access to a loading and unloading space within 300 feet of the premises. An adequate guarantee shall be provided that establishes a right to the loading and unloading use, unless such space is provided by a public entity.
2.
Business or service establishments occupying a lot of 15,000 square feet or larger shall provide off-street loading and unloading space on the premises. Each off-street loading area shall be a minimum of 12 feet by 35 feet. The loading area shall be so arranged to avoid impairment to the circulation system of parking spaces, parking aisles, points of ingress and egress, and streets.
F.
The design standards of § 509 shall apply to all off-street parking and loading areas.
G.
H.
Electric Vehicle Supply/Service Equipment.
[Added 11-17-2022 by Ord. No. 24-2022]
1.
Purpose. The purpose of this subsection is to promote and encourage the use of electric vehicles by requiring the safe and efficient installation of EVSE and make-ready parking spaces through municipal parking regulations and other standards. EVSE and make-ready parking spaces will support the state's transition to an electric transportation sector, reducing automobile air pollution, greenhouse gas emissions, and stormwater runoff contaminants. The goals are to:
a.
Provide adequate and convenient EVSE and make-ready parking spaces to serve the needs of the traveling public.
b.
Provide opportunities for residents to have safe and efficient personal EVSE located at or near their place of residence.
c.
Provide the opportunity for nonresidential uses to supply EVSE to their customers and employees.
d.
Create standard criteria to encourage and promote safe, efficient, and cost-effective electric vehicle charging opportunities in all zones and settings for convenience of service to those that use electric vehicles.
2. CERTIFICATE OF OCCUPANCY CHARGING LEVELa. b. c. ELECTRIC VEHICLE ELECTRIC VEHICLE SUPPLY/SERVICE EQUIPMENT or EVSE GARAGE AND PARKING LOT MAKE-READY PARKING SPACE PRIVATE EVSE PUBLICLY ACCESSIBLE EVSE
Definitions. As used in this subsection, the following terms shall have the meanings indicated:
The certificate provided for in N.J.A.C. 5:23-2, indicating that the construction authorized by the construction permit has been completed in accordance with the construction permit, the act and the regulations. See "State Uniform Construction Code Act," P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.), and regulations adopted pursuant thereto.
The amount of voltage provided to charge an electric vehicle varies depending on the type of EVSE as follows:
Level 1 operates on a fifteen- to twenty-amp breaker on a 120-volt AC circuit.
Level 2 operates on a forty- to 100-amp breaker on a 208- or 240-volt AC circuit.
Direct-current fast charger (DCFC) operates on a sixty-amp or higher breaker on a 480-volt or higher three-phase circuit with special grounding equipment. DCFC stations can also be referred to as rapid charging stations that are typically characterized by industrial grade electrical outlets that allow for faster recharging of electric vehicles.
Any vehicle that is licensed and registered for operation on public and private highways, roads, and streets; and operates either partially or exclusively using an electric motor powered by an externally charged on-board battery.
The equipment, including the cables, cords, conductors, connectors, couplers, enclosures, attachment plugs, power outlets, power electronics, transformer, switchgear, switches and controls, network interfaces, point-of-sale equipment, and associated apparatus designed and used for the purpose of transferring energy from the electric supply system to a plug-in electric vehicle. "EVSE" may deliver either alternating current or, consistent with fast charging equipment standards, direct-current electricity. "EVSE" is synonymous with "electric vehicle charging station."
"Garage," for the purposes of this section, shall mean a publicly accessible structure, or part thereof, above- or below-ground, used for the parking of vehicles.
The prewiring of electrical infrastructure at a parking space, or set of parking spaces, to facilitate easy and cost-efficient future installation of electric vehicle supply equipment or electric vehicle service equipment, including, but not limited to, Level Two EVSE and direct-current fast chargers. Make-ready includes expenses related to service panels, junction boxes, conduit, wiring, and other components necessary to make a particular location able to accommodate electric vehicle supply equipment or electric vehicle service equipment on a plug-and-play basis. "Make-ready" is synonymous with the term "charger ready," as used in P.L. 2019, c. 362 (N.J.S.A. 48:25-1 et seq.).
EVSE that has restricted access to specific users (e.g., single- and two-family homes, executive parking fleet parking with no access to the general public).
EVSE that is publicly available (e.g., park and ride, public parking lots and garages, on-street parking, shopping center parking, nonreserved parking in multifamily parking lots, etc.).
3.
Approvals and permits.
a.
An application for development submitted solely for the installation of EVSE or make-ready parking spaces shall be considered a permitted accessory use and permitted accessory structure in all zoning or use districts and shall not require a variance pursuant to N.J.S.A. 40:55D-70.
b.
EVSE and make-ready parking spaces installed pursuant to Subsection H4 below in development applications that are subject to site plan approval are considered a permitted accessory use as described in Subsection H3a above.
c.
All EVSE and make-ready parking spaces shall be subject to applicable local and/or Department of Community Affairs permit and inspection requirements.
d.
The Zoning Officer shall enforce all signage and installation requirements described in this subsection. Failure to meet the requirements in this subsection shall be subject to the same enforcement and penalty provisions as other violations of City of Lambertville's land use regulations.
e.
An application for development for the installation of EVSE or make-ready spaces at an existing gasoline service station, an existing retail establishment, or any other existing building shall not be subject to site plan or other land use board review, shall not require variance relief pursuant to N.J.S.A. 40:55D-1 et seq. or any other law, rule, or regulation, and shall be approved through the issuance of a zoning permit by the administrative officer, provided the application meets the following requirements:
(1)
The proposed installation does not violate bulk requirements applicable to the property or the conditions of the original final approval of the site plan or subsequent approvals for the existing gasoline service station, retail establishment, or other existing building;
(2)
All other conditions of prior approvals for the gasoline service station, the existing retail establishment, or any other existing building continue to be met; and
(3)
The proposed installation complies with the construction codes adopted in or promulgated pursuant to the "State Uniform Construction Code Act," P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.), any safety standards concerning the installation, and any state rule or regulation concerning electric vehicle charging stations.
f.
An application pursuant to Subsection H3e above shall be deemed complete if:
(1)
The application, including the permit fee and all necessary documentation, is determined to be complete;
(2)
A notice of incompleteness is not provided within 20 days after the filing of the application; or
(3)
A one-time written correction notice is not issued by the Zoning Officer within 20 days after filing of the application detailing all deficiencies in the application and identifying any additional information explicitly necessary to complete a review of the permit application.
g.
EVSE and make-ready parking spaces installed at a gasoline service station, an existing retail establishment, or any other existing building shall be subject to applicable local and/or Department of Community Affairs inspection requirements.
h.
A permitting application solely for the installation of electric vehicle supply equipment permitted as an accessory use shall not be subject to review based on parking requirements.
4.
Requirements for new installation of EVSE and make-ready parking spaces.
a.
As a condition of preliminary site plan approval, for each application involving a multiple dwelling with five or more units of dwelling space, which shall include a multiple dwelling that is held under a condominium or cooperative form of ownership, a mutual housing corporation, or a mixed-use development, the developer or owner, as applicable, shall:
(1)
Prepare as make-ready parking spaces at least 15% of the required off-street parking spaces, and install EVSE in at least 1/3 of the 15% of make-ready parking spaces.
(2)
Within three years following the date of the issuance of the certificate of occupancy, install EVSE in an additional 1/3 of the original 15% of make-ready parking spaces.
(3)
Within six years following the date of the issuance of the certificate of occupancy, install EVSE in the final 1/3 of the original 15% of make-ready parking spaces.
(4)
Throughout the installation of EVSE in the make-ready parking spaces, at least 5% of the electric vehicle supply equipment shall be accessible for people with disabilities.
(5)
Nothing in this subsection shall be construed to restrict the ability to install electric vehicle supply equipment or make-ready parking spaces at a faster or more expansive rate than as required above.
b.
As a condition of preliminary site plan approval, each application involving a parking lot or garage not covered in Subsection H4a above shall:
(1)
Install at least one make-ready parking space if there will be 50 or fewer off-street parking spaces.
(2)
Install at least two make-ready parking spaces if there will be 51 to 75 off-street parking spaces.
(3)
Install at least three make-ready parking spaces if there will be 76 to 100 off-street parking spaces.
(4)
Install at least four make-ready parking spaces, at least one of which shall be accessible for people with disabilities, if there will be 101 to 150 off-street parking spaces.
(5)
Install at least 4% of the total parking spaces as make-ready parking spaces, at least 5% of which shall be accessible for people with disabilities, if there will be more than 150 off-street parking spaces.
(6)
In lieu of installing make-ready parking spaces, a parking lot or garage may install EVSE to satisfy the requirements of this subsection.
(7)
Nothing in this subsection shall be construed to restrict the ability to install electric vehicle supply equipment or make-ready parking spaces at a faster or more expansive rate than as required above.
(8)
Notwithstanding the provisions of Subsection H5 above, a retailer that provides 25 or fewer off-street parking spaces or the developer or owner of a single-family home shall not be required to provide or install any electric vehicle supply equipment or make-ready parking spaces.
5.
Minimum parking requirements.
a.
All parking spaces with EVSE and make-ready equipment shall be included in the calculation of minimum required parking spaces, pursuant to § Z-406.7, Off-Street Parking and Loading Requirements.
b.
A parking space prepared with EVSE or make-ready equipment shall count as at least two parking spaces for the purpose of complying with a minimum parking space requirement. This shall result in a reduction of no more than 10% of the total required parking.
c.
All parking space calculations for EVSE and make-ready equipment shall be rounded up to the next full parking space.
d.
Additional installation of EVSE and make-ready parking spaces above what is required in Subsection H4 above may be encouraged, but shall not be required in development projects.
6.
Reasonable standards for all new EVSE and make-ready parking spaces.
a.
Location and layout of EVSE and make-ready parking spaces is expected to vary based on the design and use of the primary parking area. It is expected flexibility will be required to provide the most convenient and functional service to users. Standards and criteria should be considered guidelines and flexibility should be allowed when alternatives can better achieve objectives for provision of this service.
b.
Installation.
(1)
Installation of EVSE and make-ready parking spaces shall meet the electrical subcode of the Uniform Construction Code, N.J.A.C. 5:23-3.16.
(2)
Each EVSE or make-ready parking space that is not accessible for people with disabilities shall be not less than nine feet wide or 18 feet in length. Exceptions may be made for existing parking spaces or parking spaces that were part of an application that received prior site plan approval.
(3)
To the extent practical, the location of accessible parking spaces for people with disabilities with EVSE and make-ready equipment shall comply with the general accessibility requirements of the Uniform Construction Code, N.J.A.C. 5:23, and other applicable accessibility standards.
(4)
Each EVSE or make-ready parking space that is accessible for people with disabilities shall comply with the sizing of accessible parking space requirements in the Uniform Construction Code, N.J.A.C. 5:23, and other applicable accessibility standards.
c.
EVSE parking.
(1)
Publicly accessible EVSE shall be reserved for parking and charging electric vehicles only. Electric vehicles shall be connected to the EVSE. (Note: The use of time limits is optional and shall be determined by the owner.)
(2)
Electric vehicles may be parked in any parking space designated for parking, subject to the restrictions that would apply to any other vehicle that would park in that space.
(3)
Public parking. Pursuant to N.J.S.A. 40:48-2, publicly accessible EVSE parking spaces shall be monitored by the municipality's Police Department and enforced in the same manner as any other parking. It shall be a violation of this subsection to park or stand a nonelectric vehicle in such a space, or to park an electric vehicle in such a space when it is not connected to the EVSE. Any nonelectric vehicle parked or standing in a EVSE parking space or any electric vehicle parked and not connected to the EVSE shall be is subject to fine and/or impoundment of the offending vehicle as described in the general penalty provisions of the Municipal Code titled Lambertville City Code, 2014, Chapter 8, Municipal Parking Areas and Metered Parking. Signage indicating the penalties for violations shall comply with Subsection H6e below. Any vehicle parked in such a space shall make the appropriate payment for the space and observe the time limit for the underlying parking area, if applicable.
(4)
Private parking. The use of EVSE shall be monitored by the property owner or designee.
d.
Safety.
(1)
Each publicly accessible EVSE shall be located at a parking space that is designated for electric vehicles only and identified by green painted pavement and/or curb markings, a green painted charging pictograph symbol, and appropriate signage pursuant to Subsection H6e below.
(2)
Where EVSE is installed, adequate site lighting and landscaping shall be provided in accordance with the City of Lambertville's ordinances and regulations.
(3)
Adequate EVSE protection such as concrete-filled steel bollards shall be used for publicly accessible EVSE. Nonmountable curbing may be used in lieu of bollards if the EVSE is setback a minimum of 24 inches from the face of the curb. Any stand-alone EVSE bollards should be three feet to four feet high with concrete footings placed to protect the EVSE from accidental impact and to prevent damage from equipment used for snow removal.
(4)
EVSE outlets and connector devices shall be no less than 36 inches and no higher than 48 inches from the ground or pavement surface where mounted, and shall contain a cord management system as described in Subsection H6d(4) below. Equipment mounted on pedestals, lighting posts, bollards, or other devices shall be designated and located as to not impede pedestrian travel, create trip hazards on sidewalks, or impede snow removal.
(5)
Each EVSE shall incorporate a cord management system or method to minimize the potential for cable entanglement, user injury, or connector damage. Cords shall be retractable or have a place to hang the connector and cord a safe and sufficient distance above the ground or pavement surface. Any cords connecting the charger to a vehicle shall be configured so that they do not cross a driveway, sidewalk, or passenger unloading area.
(6)
Where EVSE is provided within a pedestrian circulation area, such as a sidewalk or other accessible route to a building entrance, the EVSE shall be located so as not to interfere with accessibility requirements of the Uniform Construction Code, N.J.A.C. 5:23, and other applicable accessibility standards.
(7)
Publicly accessible EVSEs shall be maintained in all respects, including the functioning of the equipment. A twenty-four-hour on-call contact shall be provided on the equipment for reporting problems with the equipment or access to it. To allow for maintenance and notification, the City of Lambertville shall require the owners/designee of publicly accessible EVSE to provide information on the EVSE's geographic location, date of installation, equipment type and model, and owner contact information.
e.
Signs.
(1)
Publicly accessible EVSE shall have posted regulatory signs, as identified in this subsection, allowing only charging electric vehicles to park in such spaces. For purposes of this subsection, "charging" means that an electric vehicle is parked at an EVSE and is connected to the EVSE. If time limits or vehicle removal provisions are to be enforced, regulatory signs, including parking restrictions, shall be installed immediately adjacent to, and visible from the EVSE. For private EVSE, installation of signs and sign text is at the discretion of the owner.
(2)
All regulatory signs shall comply with visibility, legibility, size, shape, color, and reflectivity requirements contained within the Federal Manual on Uniform Traffic Control Devices as published by the Federal Highway Administration.
(3)
Wayfinding or directional signs, if necessary, shall be permitted at appropriate decision points to effectively guide motorists to the EVSE parking space(s). Wayfinding or directional signage shall be placed in a manner that shall not interfere with any parking space, drive lane, or exit and shall comply with Subsection H6e(2) above.
(4)
In addition to the signage described above, the following information shall be available on the EVSE or posted at or adjacent to all publicly accessible EVSE parking spaces:
f.
Usage fees.
(1)
For publicly accessible municipal EVSE: In addition to any parking fees, the fee to use parking spaces within the municipality identified as EVSE spaces shall be set by resolution of the governing body annually and shall calculated for each hour that the electric vehicle is connected to the EVSE.
(2)
Private EVSE: Nothing in this subsection shall be deemed to preclude a private owner/designee of an EVSE from collecting a fee for the use of the EVSE, in accordance with applicable state and federal regulations. Fees shall be available on the EVSE or posted at or adjacent to the EVSE parking space.
§ Z-406.8 Conditions for Conversion to Apartment Use.
A.
No apartment shall be permitted within a basement or a cellar as defined in Article II, § 201. An apartment(s) shall be permitted on the first floor of a building however, the habitable room area, as defined in § 201, for said unit(s) shall not occupy more than 50% of the first floor area as measured from the rear wall of the building, exclusive of common hallways providing access to said unit(s). No portion of the habitable room area shall be permitted within the front areas of the first floor as measured from the front wall of the building, that being the wall facing a public street within the CBD Zone. The minimum square footage standards contained in § 406.8 paragraph E. shall continue to apply to any apartment within the CBD Zone.
B.
Public notice shall be given in the same manner as required for applications for development.
C.
Access to each apartment shall be by means of an entrance to the exterior of the building or by common hallway.
D.
Each apartment shall have a minimum of two means of ingress and egress.
§ Z-406.9 Conditions for Structured Parking.
A.
No structured parking facility shall exceed a capacity for 250 passenger vehicles.
B.
Parking structures shall be limited to three levels of parking, including the roof deck as one level.
C.
The exterior surface of the structure shall be faced in brick or other approved durable material.
D.
A traffic impact study shall be submitted indicating no unreasonably adverse impact on public streets in the same or adjacent zone, including signalized intersections. In the event that a traffic impact study indicates a lowering of the level of service at a signalized intersection due to such proposed facility, the applicant proposing such structured parking shall be responsible for improvements to retain the existing level of service.
§ Z-406.10 Conditions for Taverns and Bars.
A.
No tavern or bar shall be located within 500 feet of a public or private school.
B.
No tavern or bar shall be located within 300 feet of another such use.
C.
No outdoor seating shall be located within 15 feet of a side or rear property line.
D.
Outdoor seating shall be screened with a combination of landscaping and fencing a minimum width of 10 feet along any side or rear property line.
§ Z-406.11 Signs.
[Repealed by Ord. No. 2001-07 § 14]
(See § 515 for other sign regulations.)
A. through G.
(Reserved)
B.
Waterfront Development. On planned waterfront commercial development there may be permitted one additional freestanding sign not exceeding 32 square feet identifying the entire complex.
§ Z-406.12 Design Standards for CBD Central Business District Signs.
[Repealed by Ord. 2001-07, § 14]
See § 515.5 for sign design standards.
§ Z-406.13 Conditions for Cannabis Retailer.
[Added 7-22-2021 by Ord. No. 16-2021]
A.
The regulations of this section are subject to the enabling authority of the State of New Jersey, by and through the Cannabis Regulatory Commission, and are subject to compliance with all statutes and/or regulations promulgated and adopted by the State of New Jersey or its instrumentalities. If any provision of this section is inconsistent with the statutes and/or regulations of the State of New Jersey, the State statutes and/or regulations shall prevail.
B.
A cannabis retailer shall be located at least 500 feet from a school or comply with a greater distance buffer from a school as may be required by State or Federal Law.
C.
A cannabis retailer shall not be located within 600 feet to any other Class 5 Cannabis Retailer.
D.
A cannabis retailer shall not be permitted within a single-family detached dwelling, a single-family semi-detached dwelling or a townhouse dwelling.
E.
A cannabis retailer may operate between the hours of 9:00 a.m. and 7:00 p.m. Monday through Saturday and between the hours of 10:00 a.m. and 5:00 p.m. on Sunday.
F.
No more than six ounces of cannabis or cannabis product may be sold to a specific customer at a given time.
G.
Use or consumption of cannabis or cannabis products in any manner shall not be permitted within the Cannabis Retailer's facility, whether in the building or on its grounds or parking lots. Cannabis Consumption Areas are not permitted.
H.
All Cannabis Retailers shall be enclosed in heated/air-conditioned permanent buildings, not trailers, outdoors, movable kiosks, etc.
I.
Any Cannabis Retailer shall only have one primary public access point, which shall be directly adjacent to the right-of-way or parking area of the building. Access should not be through common entrances with other uses.
J.
Drive-through facilities are not permitted.
K.
All cannabis retailers shall be secured in accordance with State of New Jersey statutes and regulations; shall have a round-the-clock video surveillance system, 365 days a year; and shall have trained security personnel onsite within the facility at all times during operating hours.
L.
Police must have full access to the video surveillance system.
M.
Video surveillance shall be retained a minimum of seven days or pursuant to State and Federal law, whichever is greater.
N.
Cannabis Retailers' interiors shall provide a secure location for storage of products with minimum products in any customer service area.
O.
People shall not be permitted to congregate outside of a Cannabis Retailer, loiter or wait in line to access the Cannabis Retailer. The facility shall have a plan in place if interior capacity is exceeded, i.e., numbers are given and customers wait in their vehicles until called.
P.
Signs shall be limited to location identification/name of business. Signs shall not promote consumption of any cannabis product. Signage design shall not include artistic or photographic renderings of cannabis plants or paraphernalia. Neon signs shall be prohibited.
§ Z-406.14 Conditions for accessory apartments.
[Added 7-21-2022 by Ord. No. 18-2022]
A.
The apartment shall be occupied only by a low- and moderate-income household as defined by N.J.A.C. 5:93-1.3.
B.
The apartment shall conform to the requirements for maximum rent level in N.J.A.C. 5:93-5.9(a)3.
C.
The apartment shall be affirmatively marketed in accordance with N.J.A.C. 5:93-11.
D.
Controls on the affordability of the accessory apartment shall remain in effect for a minimum of 10 years in accordance with N.J.A.C. 5:93-5.9(e), as may be amended or superseded.
E.
No accessory apartment shall be permitted within a basement or a cellar as defined in Article II, § Z-201. An accessory apartment shall be permitted on the first floor of a building; however, the habitable room area, as defined in § Z-201, for said unit shall not occupy more than 50% of the first floor area as measured from the rear wall of the building, exclusive of common hallways providing access to said unit. No portion of the habitable room area shall be permitted within the front areas of the first floor as measured from the front wall of the building, that being the wall facing a public street within the CBD Zone.
F.
Only one accessory apartment per lot shall be permitted.
G.
Each accessory unit shall comply with the minimum unit size requirements for Neighborhood Preservation Balanced Housing Program (N.J.A.C. 5:43 et seq.)
H.
Each accessory apartment shall have direct access to the exterior of the building.
§ Z-407 C-2 SERVICE COMMERCIAL.
[Ord. No. 2014-28]
§ Z-407.1 Permitted Uses.
[Ord. No. 99-13]
In the C-2 Service Commercial Zone, no lot shall be used and no structure shall be erected, altered or occupied for any purpose except the following:
A.
Automobile sales, both new and used, and auto repairs except auto wrecking yards and junk yards.
B.
Automobile parts and accessories, including tire and battery sales, but not to include tire recapping or recycling.
C.
General business and professional offices.
D.
Grocery, convenience, drug, liquor, and dry goods stores, card and flower shops.
E.
Clothing and clothing accessory stores, dry cleaning and tailoring services, excepting stores primarily devoted to the sale of T-shirts.
F.
Galleries and antique stores.
G.
Hardware, paint, plumbing, and electrical supply stores, but not to include lumberyards or masonry supply stores.
H.
Lighting, carpet, furniture and musical instrument stores.
I.
Restaurants and coffee shops, excepting fast-food restaurants and drive-thru facilities.
J.
Appliance, electronics sales and service shops, video sales and rentals, recorded music and computer software sales.
K.
Funeral homes.
L.
Parks and playgrounds.
M.
Buildings used exclusively by federal, state, county and local governments.
N.
Motels and hotels.
§ Z-407.2 Accessory Uses and Buildings Permitted.
§ Z-407.3 Conditional Use.
[Amended Ord. No. 99-13; 7-22-2021 by Ord. No. 16-2021; 9-19-2024 by Ord. No. 14-2024]
The following conditional uses may be permitted when authorized by the Planning Board:
A.
Service stations.
Service stations in accordance with the following criteria:
1.
No service station shall have an entrance or exit for vehicles within 200 feet along the same side of a street as any school, public playground, church, hospital, public building or institution, except where such property is in another block or on another street which the lot in question does not abut.
2.
No service stations shall be permitted where any oil draining pit or visible appliance for any purpose (other than filling pumps and air pumps) is located within 20 feet of any street line or within 50 feet of any residential district, unless such appliance or pit is within a building. Gasoline pumps and air pumps within the required front yard space shall be no closer than 15 feet to the street line.
3.
No junked motor vehicle or part thereof, scrap metal, or motor vehicles incapable of normal operation upon the highways shall be permitted on the premises of any service station. It shall be deemed prima facie evidence of violation of this subsection if more than three motor vehicles incapable of operation are located at any time upon any premises not within a closed and roofed building and if any scrap metal or other junk is stored upon and premises not within a closed and roofed building excepting, however, that a number not exceeding six motor vehicles may be located upon any service station premises outside of a closed or roofed building for a period of time not to exceed 48 hours and providing that said motor vehicles are awaiting repair by the owners thereof.
4.
Any service station shall be located within the C-2 Service Commercial District.
B.
Cannabis retailer.
Cannabis Retailers in accordance with the following criteria:
1.
The regulations of this section are subject to the enabling authority of the State of New Jersey, by and through the Cannabis Regulatory Commission, and are subject to compliance with all statutes and/or regulations promulgated and adopted by the State of New Jersey or its instrumentalities. If any provision of this section is inconsistent with the statutes and/or regulations of the State of New Jersey, the State statutes and/or regulations shall prevail.
2.
A cannabis retailer shall be located at least 500 feet from a school or comply with a greater distance buffer from a school as may be required by State or Federal Law.
3.
A cannabis retailer shall not be located within 600 feet to any other Class 5 Cannabis Retailer.
4.
A cannabis retailer may operate between the hours of 9:00 a.m. and 7:00 p.m. Monday through Saturday and between the hours of 10:00 a.m. and 5:00 p.m. on Sunday.
5.
No more than six ounces of cannabis or cannabis product may be sold to a specific customer at a given time.
6.
Use or consumption of cannabis or cannabis products in any manner shall not be permitted within the Cannabis Retailer's facility, whether in the building or on its grounds or parking lots. Cannabis Consumption Areas are not permitted.
7.
All Cannabis Retailers shall be enclosed in heated/air-conditioned permanent buildings, not trailers, outdoors, movable kiosks, etc.
8.
Any Cannabis Retailer shall only have one primary public access point, which shall be directly adjacent to the right-of-way or parking area of the building. Access should not be through common entrances with other uses.
9.
Drive-through facilities are not permitted.
10.
All cannabis retailers shall be secured in accordance with State of New Jersey statutes and regulations; shall have a round-the-clock video surveillance system, 365 days a year; and shall have trained security personnel on-site within the facility at all times during operating hours.
11.
Police must have full access to the video surveillance system.
12.
Video surveillance shall be retained a minimum of seven days or pursuant to State and Federal law, whichever is greater.
13.
Cannabis Retailers' interiors shall provide a secure location for storage of products with minimum products in any customer service area.
14.
People shall not be permitted to congregate outside of a Cannabis Retailer, loiter or wait in line to access the Cannabis Retailer. The facility shall have a plan in place if interior capacity is exceeded, i.e., numbers are given and customers wait in their vehicles until called.
15.
Signs shall be limited to location identification/name of business. Signs shall not promote consumption of any cannabis product. Signage design shall not include artistic or photographic renderings of cannabis plants or paraphernalia. Neon signs shall be prohibited.
§ Z-407.4 Area and Yard Requirements.
[Ord. No. 99-13]
A.
An attached or abutting group of commercial buildings may be considered as one building in applying the yard space requirements, which are the same as those in the CBD District.
B.
All buildings in the C-2 District shall be set back from the street line a minimum of 10 feet.
C.
Motels shall meet the following minimum requirements: lot width 100 feet; lot depth 100 feet; building set back from any side or rear property line 20 feet. Motels shall be permitted up to 50% building coverage.
D.
No building or structure shall exceed 40 feet in height except as permitted by § 400.8.
§ Z-407.5 Minimum Residential Floor Area.
Motel units shall have a minimum gross floor area of 400 square feet per unit.
§ Z-407.6 Minimum Off-Street Parking Requirements.
A.
See § 509.
B.
Funeral homes shall provide at least six spaces for each viewing room.
C.
Professional building shall provide two spaces for each room in the building but in no case less than five spaces.
D.
Television and radio appliance stores, tire sales, automobile and hardware stores shall provide one space for each 800 square feet of gross floor area or fraction thereof.
E.
Automobile agencies and lumber yards shall provide one space for each 800 square feet of office and retail gross floor area plus one space for each 2,000 square feet devoted to warehouse and storage facilities.
F.
Motels shall provide 3/4 space for each room, plus one space for each three seats in an associated restaurant, plus five spaces for employees.
G.
Restaurants and diners shall provide one space for each three seats.
H.
Other offices and government buildings shall provide one space for each vehicle owned and/or operated by the use plus one space for each 3,000 square feet or gross floor area used for warehousing, shipping or receiving plus one space for every 700 square feet of gross floor area used for other purposes.
I.
Cannabis Retailers shall provide one space for each 300 square feet.
[Added 7-22-2021 by Ord. No. 16-2021]
§ Z-407.7 Signs.
[Ord. No. 2001-07]
A. through C.
(Reserved)
B.
See § 515.
§ Z-407.8 Minimum Off-Street Loading.
Each business, office, or retail outlet shall provide off-street loading and unloading space with adequate ingress and egress. There shall be no loading or unloading from the street in any C-3 Zone. Each off-street loading and unloading space shall measure 15 feet by 45 feet and be so located that any vehicles being loaded or maneuvering into a loading space do not interfere with any other parking or loading areas, driveway, fire lane, or street right-of-way.
§ Z-408.1 Principal Permitted Uses on the Land and in Buildings.
[Amended 7-22-2021 by Ord. No. 16-2021]
A.
Offices.
B.
Parks and playgrounds.
C.
Buildings used exclusively by federal, state, county and local governments.
D.
The wholesaling and retailing of goods or services including the warehousing or storage of goods provided such activities and inventories are conducted entirely within an enclosed structure or are conducted in open yard areas which are adequately screened from view from adjacent lots or roads.
E.
See Non-Conforming Uses, Buildings or Lots.
§ Z-408.2 Accessory Uses and Buildings Permitted.
[Amended 7-22-2021 by Ord. No. 16-2021]
Those uses customarily incidental to the principal uses.
§ Z-408.3 Conditional Uses.
[Amended 7-22-2021 by Ord. No. 16-2021]
The following conditional use may be permitted when authorized by the Planning Board:
A.
Cannabis Retailer. Cannabis Retailers in accordance with the following criteria:
1.
The regulations of this section are subject to the enabling authority of the State of New Jersey, by and through the Cannabis Regulatory Commission, and are subject to compliance with all statutes and/or regulations promulgated and adopted by the State of New Jersey or its instrumentalities. If any provision of this section is inconsistent with the statutes and/or regulations of the State of New Jersey, the State statutes and/or regulations shall prevail.
2.
A cannabis retailer shall be located at least 500 feet from a school or comply with a greater distance buffer from a school as may be required by State or Federal Law.
3.
A cannabis retailer shall not be located within 600 feet to any other Class 5 Cannabis Retailer.
4.
A cannabis retailer may operate between the hours of 9:00 a.m. and 7:00 p.m. Monday through Saturday and between the hours of 10:00 a.m. and 5:00 p.m. on Sunday.
5.
No more than six ounces of cannabis or cannabis product may be sold to a specific customer at a given time.
6.
Use or consumption of cannabis or cannabis products in any manner shall not be permitted within the Cannabis Retailer's facility, whether in the building or on its grounds or parking lots. Cannabis Consumption Areas are not permitted.
7.
All Cannabis Retailers shall be enclosed in heated/air-conditioned permanent buildings, not trailers, outdoors, movable kiosks, etc.
8.
Any Cannabis Retailer shall only have one primary public access point, which shall be directly adjacent to the right-of-way or parking area of the building. Access should not be through common entrances with other uses.
9.
Drive-through facilities are not permitted.
10.
All cannabis retailers shall be secured in accordance with State of New Jersey statutes and regulations; shall have a round-the-clock video surveillance system, 365 days a year; and shall have trained security personnel onsite within the facility at all times during operating hours.
11.
Police must have full access to the video surveillance system.
12.
Video surveillance shall be retained a minimum of seven days or pursuant to State and Federal law, whichever is greater.
13.
Cannabis Retailers' interiors shall provide a secure location for storage of products with minimum products in any customer service area.
14.
People shall not be permitted to congregate outside of a Cannabis Retailer, loiter or wait in line to access the Cannabis Retailer. The facility shall have a plan in place if interior capacity is exceeded, i.e., numbers are given and customers wait in their vehicles until called.
15.
Signs shall be limited to location identification/name of business. Signs shall not promote consumption of any cannabis product. Signage design shall not include artistic or photographic renderings of cannabis plants or paraphernalia. Neon signs shall be prohibited.
§ Z-408.4 Height Limits.
[Amended 7-22-2021 by Ord. No. 16-2021]
No structure shall exceed 40 feet in height except as provided in Article VI, Standards for Review of Applications.
§ Z-408.5 Area and Yard Requirements.
[Amended 7-22-2021 by Ord. No. 16-2021]
A.
The minimum lot size shall be 40,000 square feet. The minimum lot width shall be 150 feet and a minimum lot depth of 200 feet.
B.
No building or structure shall be located closer than 25 feet to any street right-of-way.
C.
The minimum side yard shall be 20 feet, but in no event shall either side yard be less than the height of the building or structure. The minimum rear yard shall be 20 feet which may include parking spaces.
D.
Total building or structure coverage shall not exceed 50% of the lot coverage provided all parking and other yard requirements are met.
E.
A transition or buffer strip not less than 10 feet wide consisting of conifers shall be provided along all lot lines which form a common boundary with any residential district. The conifers shall be a minimum of five feet in height when newly planted and shall be planted at intervals of 10 feet or less.
§ Z-408.6 Minimum Residential Floor Area.
[Amended 7-22-2021 by Ord. No. 16-2021]
Not applicable in this district.
§ Z-408.7 Minimum Off-Street Parking Requirements.
[Amended 7-22-2021 by Ord. No. 16-2021]
B.
Off-street parking spaces shall be located within 200 feet of the use it is intended to serve.
C.
One space shall be provided for each 700 square feet of general commercial or office use and one space for each 3,000 square feet of wholesale use.
D.
One space shall be provided for each 300 square feet of Cannabis Retailer use.
§ Z-408.8 Signs.
[Amended 7-22-2021 by Ord. No. 16-2021]
A.
Same as C-2 District.
§ Z-408.9 Minimum Off-Street Loading.
[Amended 7-22-2021 by Ord. No. 16-2021]
A.
Same as C-2 District.