Montvale City Zoning Code
ARTICLE IV
District Regulations
§ 400-19 Residence R-40, R-15 and R-10 Districts.
A.
In any residence district, no building or land shall be used and no building or other structure shall be built, altered or erected to be used for any purpose other than those specified in Subsection A(1) through (5) of this section.
(1)
Residence for not more than one family.
(2)
Churches, temples and other houses of worship (subject to the provisions of § 400-80).
[Amended 6-14-2016 by Ord. No. 2016-1416]
(3)
Municipal buildings, playgrounds, parks and public and private schools (public and private schools subject to the provisions of § 400-79 et seq.).
[Amended 12-8-1987 by Ord. No. 87-849]
(4)
Way stations for the shelter of passengers using commercial transportation.
(5)
Such accessory uses as are customarily incident to the foregoing uses and are not injurious to a residential district. Such accessory uses shall not include a business or manufactory, but may include:
(a)
Professional office.
[Amended 12-13-1988 by Ord. No. 88-879]
[1]
An office for a professional, limited to a practitioner duly licensed by the State of New Jersey and practicing as a physician, dentist, chiropractor, lawyer, insurance broker or agent, architect, engineer, accountant or real estate broker, if such office:
[a]
Is entirely within a dwelling occupied by and serving as the principal place of residence of such practitioner.
[b]
Is incidental and secondary to the use of the dwelling for residential purposes, and the area of such use does not exceed the lesser of 25% of the floor area of the entire residence, exclusive of the basement and nonoccupational areas, or 500 square feet.
[c]
Is staffed by the practitioner who resides in the dwelling and not more than three nonresidents, inclusive of copractitioners and employees.
[d]
Is not used for the sale of goods.
[e]
Does not have, in connection therewith, any display other than a name sign of the practitioner, as is regulated by the Code of the Borough of Montvale.
[f]
Is to remain in existence only so long as the practitioner continues to occupy the premises as his or her principal residence as aforesaid.
[g]
Is located in a structure intended for single-family occupancy within the R-40, R-15 and R-10 Residential Districts whose frontage is located on the following streets:
Kinderkamack Road from the railroad tracks north to the New York State Line; |
Grand Avenue from Middletown Road west to the Upper Saddle River border; |
Summit Avenue from Spring Valley Road west to Chestnut Ridge Road; |
Spring Valley Road from the Park Ridge border north to the New York State Line; |
Chestnut Ridge Road from Summit Avenue north to the New York State Line; |
Middletown Road from the River Vale border north to the New York State Line. |
Such incidental professional use shall not be permitted elsewhere in any of the residential districts aforesaid. |
[h]
Provides a minimum of one parking space for each nonresident copractitioner or employee and an additional two parking spaces for patrons, all of which shall be located off street and on the property intended to be served, exclusive of garages. Said parking spaces and the access thereto shall be designed and located in such a manner so as to allow for the free access of vehicles maintained by the residential occupants of the structure and which will nevertheless allow access to the spaces reserved for the professional use, inclusive of an appropriate turnaround area to allow forward vehicular egress from the site.
[i]
Provides parking spaces of such dimension as is regulated, in the case of general office uses, by the Code of the Borough of Montvale and are constructed in accordance with municipal standards.
[j]
Provides that the parking area is screened from view from all adjacent properties and streets, except where such screening impedes proper sight distance at the street, by plantings.
[k]
Provides lighting sufficient to allow for the safe movement of vehicles and pedestrians, which lighting shall nevertheless be so arranged and shielded as to reflect the light downward and away from all adjoining properties and streets.
[l]
Provides that all yard requirements as set forth in the Limiting Schedule of Chapter 400 of the Montvale Code[1] are satisfied.
[1]
Editor's Note: The Limiting Schedule is included as an attachment to this chapter.
[m]
Provides further that no parking area, including driveways, shall be located closer than 10 feet to any property boundary line.
[2]
Such uses when permitted shall be subject to site plan review and approval as required by the Code of the Borough of Montvale in the instance of nonresidential development and shall further be subject to the applicable resolutions and ordinances of the County of Bergen.
(b)
Temporary buildings, such as toolhouses or workmen's shacks, to be used in connection with the erection of a permanent building, for a period not exceeding one year. Such temporary buildings shall be removed within 60 days after the completion of the permanent building or after the one-year period.
B.
Special accessory uses.
[Added 7-10-1979 by Ord. No. 79-702; amended 5-10-1983 by Ord. No. 83-767; 10-7-2019 by Ord. No. 2019-1474]
(1)
Sports courts. Sports courts shall only be permitted as accessory uses subject to the following conditions:
(a)
Only one sports court, which term shall include tennis courts, half basketball courts, and other similar sports courts, shall be located on a lot.
(b)
The sports court, if allowed, shall be located on a lot on which there exists, at the time of its construction, a permitted principal use.
(c)
No sports court shall be located within the front yard or forward of the front building setback line as prescribed by this chapter.
(d)
No sports court shall be located on a lot exhibiting an area of less than 38,000 square feet, except that no tennis court shall be constructed on a lot exhibiting an area of less than 60,000 square feet. No sports court shall be located closer than 25 feet to any side or rear property line.
(e)
Any fence constructed around the perimeter of the sports court shall not exceed eight feet, notwithstanding any ordinance to the contrary.
(f)
The sports court and fencing shall be screened by the use of plantings so as to obscure the view of the same from any street or adjacent property. Said plantings shall be comprised of evergreens a minimum of six feet tall.
(g)
Sports courts within a residential zone shall not be used for commercial purposes.
(h)
Lighting shall be permitted only under certain conditions as follows:
[1]
Lighting fixtures must be a minimum of 25 feet from the rear and side lot lines. No lighting shall be permitted in any front yard.
[2]
At all times the lighting intensity at the property lines shall be a maximum of 0.15 footcandle. This measurement shall be conducted in accordance with generally accepted engineering standards, and the measurement shall include and be the sum of the combined illumination of the sports court lighting, other lighting on the property and lighting from any natural light sources.
[3]
Lighting on sports courts shall not be permitted after 10:00 p.m.
[4]
Fixtures shall be of a type and shall be mounted and shielded in such a manner as to prevent the light source from being visible off the property. Such lighting shall further be of a type and located and positioned in such a manner as not to illuminate adjacent properties.
[5]
The mounting height of lighting fixtures shall not exceed 15 feet.
(2)
Permit required. No sports court shall be constructed prior to the issuance of a building permit and, where applicable, an electrical permit from the Construction Official and Zoning Officer of the Borough of Montvale.
(3)
Application for permit. A permit shall be granted upon application to the Building Department and approval of the Building Department and the Borough Engineer of a plan exhibiting that the conditions herein imposed have been satisfied and that no detrimental effect will be visited upon the surrounding area by the establishment of the requested accessory use. The applicant shall take any other appropriate and reasonable measures as determined by the Borough Engineer to ensure that no detrimental effect will be created. The application presented to the Building Department shall be submitted with a site grading plan demonstrating that surface water runoff will not adversely affect adjoining properties. All applications for a sports court shall comply with § 400-112K regarding tree removal.
§ 400-20 RI-10 Residential Inclusionary Zone.
[Added 7-13-1993 by Ord. No. 93-951; amended 8-9-1994 by Ord. No. 94-974]
A.
In the RI-10 Residential Zone, no building or land shall be used and no building or other structure shall be built, altered or erected to be used for any purpose other than those specified in Subsection A(1) through (6) of this section.
(1)
Single-family detached residence with a maximum of 34 such residences within the zone for property identified as "Block 1401, Lots 12, 13 and 14," on the current Montvale Tax Assessment Map. Additionally, single-family detached residence with a maximum of five such residences within the zone shall be permitted for property identified as "Block 1504, Lots 21 and 22," on the current Montvale Tax Assessment Map. However, notwithstanding anything to the contrary set forth in the Limiting Schedule,[1] the minimum rear yard setback with respect to any existing single-family detached dwelling on Lot 21 in Block 1504 shall be no less than 27 feet.
[1]
Editor's Note: The Limiting Schedule is included as an attachment to this chapter.
(2)
Churches, temples and other houses of worship (subject to the provisions of § 400-80).
[Amended 6-14-2016 by Ord. No. 2016-1416]
(3)
Municipal buildings, playgrounds, parks and public and private schools (public and private schools subject to the provisions of § 400-79 et seq.).
(4)
Way stations for the shelter of passengers using commercial transportation.
(5)
Such accessory uses as are customarily incident to the foregoing uses and are not injurious to a residential district.
(6)
Temporary buildings, such as toolhouses or workmen's shacks, to be used in connection with the erection of a permanent building, for a period not exceeding one year. Such temporary buildings shall be removed within 60 days after the completion of the permanent building or after the one-year period.
C.
Area, yard and bulk requirements. Area, yard and bulk requirements for the RI-10 Zone shall be as established in § 400-44, Limiting Schedule.
D.
Regional Contribution Agreement requirements. No development of any nature shall be permitted within this zone for property identified as "Block 1401, Lots 12, 13 and 14," on the current Montvale Tax Assessment Map by the property owner except in accordance with the settlement of a lawsuit entitled "Janovic v. Borough of Montvale, Docket No. L-33745-89, Superior Court of the State of New Jersey, Law Division," and a certain settlement agreement recorded in connection therewith, a copy of which is on file with and available for inspection from the Borough Clerk.
[Amended 12-13-1994 by Ord. No. 94-988]
§ 400-21 Townhouse T-6 Zone.
[Added 2-9-1999 by Ord. No. 99-1115]
Lots 11 and 12 in Block 302, as the same appears on the Tax Assessment Map of the Borough of Montvale, formerly designated as being situated partially in the B-2 Business Zone and partially in the R-40 Residential District, are hereby incorporated into the Townhouse T-6 District, whose rules and regulations are more fully described herein.
A.
Permitted principal uses in T-6 Zone.
(1)
(2)
Residential clusters and townhouses may also include any of the following uses, provided that the same may only be used by residents of the development and their guests and not by the general public:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
B.
Conditional uses in T-6 Zone. No conditional uses shall be permitted in the T-6 Zone.
C.
Requirements in T-6 Zone. The following area, yard and bulk requirements shall apply to the T-6 Zone:
(1)
Minimum lot size.
(a)
No tract, parcel of lot or assemblage of lots may be developed as a residential cluster or townhouse development in the T-6 Zone unless it shall be comprised of a minimum of four or more acres or adjoining and contiguous land and unless it has sufficient access to an improved and approved public street. For the purpose of this section, internal streets, roads and rights-of-way shall not be deemed to divide acreage in the T-6 Zone.
(b)
For the purpose of this section, an acre shall be equal to 43,560 square feet. All calculations for minimum lot area, dwelling unit density, building and improved lot coverage shall be measured from the roadway widening or deed of easement, whichever is greater.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(2)
Minimum distance between buildings.
Measurement | Distance (feet) |
|---|---|
Front to front | 75 |
Front to side | 30 |
Front to rear | 75 |
Side to side | 30 |
Side to rear | 50 |
Rear to rear | 75 |
(3)
Maximum building coverage. The maximum building coverage of all principal buildings and structures in a T-6 Zone shall be equal to 20% of the total lot area.
(4)
Maximum lot coverage. The maximum lot coverage of all buildings, accessory uses and man-made improvements, including parking areas, roadways, sidewalks, swimming pools and other recreational facilities, and man-made aboveground retention and detention facilities, shall not exceed 60% of the total lot area.
(5)
Maximum building height. The maximum building height in the Townhouse T-6 Zone shall not exceed 35 feet and two stories, exclusive of basement and cellar areas that may only be used for parking, storage, utilities and the placement of mechanical equipment to service the principal building.
(6)
Maximum length of buildings.
(a)
The maximum length of a building group consisting of townhouses and townhouse/duplexes shall be limited to a length of 180 feet. No building group shall exceed six townhouse units.
(b)
No building group of townhouses shall contain two dwelling units back to back wherein two dwelling units abut one another without two or more sides of the dwelling units providing cross ventilation of windows. All entrances to dwelling units shall face or have direct access to a street or roadway and also must have direct access for emergency services.
(7)
Buffer area.
(a)
In the T-6 Zone, the applicant shall provide and maintain a buffer area, as defined in § 400-8, for townhouse residential development, which shall be no less than 50 feet in width from all external property lines of the site which abuts any R-40, R-15 or R-10 Zone District. Said buffer area shall be kept in its natural state where wooded. The landowner shall be required to provide a year-round visual screen, as determined by the Planning Board.
(b)
No use or structure, including parking or loading areas, shall be permitted within the required buffer area, but the Planning Board, upon specific findings or reasons therefor, may permit a portion of a buffer area to be used for utility easements or streets to ensure access to or from a principal roadway in such manner that is consistent with the definition of buffer area as set forth in § 400-8.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(c)
The required buffer area shall be included in the area of a residential cluster or townhouse development for the purpose of computing compliance with the open space requirements of this chapter, as set forth herein.
D.
Requirements for cluster residential development and townhouse uses. The following area, yard and bulk requirements shall apply to cluster residential development and townhouses uses in the T-6 Zone:
(1)
The minimum sizes of lots, the number and minimum sizes of yards and building bulk controls shall be governed by the accompanying schedule entitled "Limiting Schedule,"[1] which, together with all explanatory matter thereon, is attached to and made part of this chapter.
[1]
Editor's Note: The Limiting Schedule is included as an attachment to this chapter.
(2)
All buildings and structures within the T-6 Zone shall be set back no less than 60 feet from any external right-of-way line or deed of easement line, whichever is more restrictive.
(3)
At all intersections of streets, and/or driveways, an adequate sight triangle, as defined in § 400-8, shall be maintained.
(4)
Minimum side or rear yard setback. The minimum side or rear yard setback to all external property lines shall be 50 feet, except where there is a mandatory buffer requirement, then the combined width of the side or rear yard setback and the buffer shall be 75 feet.
E.
Land use intensity area, yard and bulk regulations; distribution of dwelling units. The following requirements as to the density and yard shall apply to the T-6 Zone:
(1)
Overall residential density. The maximum residential density for the T-6 Zone shall be limited to a maximum of six dwelling units per acre of land, excluding all lands that contain deeds of easement to Bergen County.
(2)
The minimum front yard setback from all streets, roadways, driveways and other direct means of access to individual housing units that are not a public street shall be 30 feet measured from the street right-of-way or the edge of the pavement, whichever is greater.
F.
Open space requirements for property situated in T-6 Zone. The following requirements as to open space shall apply to property situated in the T-6 Zone:
(1)
At least 35% of the total land area of any cluster residential development or townhouse development shall be designed for and devoted to open space, which shall include wetlands and wetland transition areas. In computing such 35% requirement, common recreation areas accessory to the residential use and required buffer area shall be included as open space.
G.
Circulation, parking, utilities, planning and staging.
(1)
All off-street parking and loading facilities shall comply with the provisions of Article XII, Site Plan Review. Within the T-6 Zone, a minimum of 2.40 parking spaces per dwelling unit shall be provided. The development shall provide a minimum of 0.4 parking space per dwelling unit, which spaces shall be made available for visitor parking and parking for common use. Said standard of 0.4 space need not be in addition to the overall standards for the development. Garages and driveway aprons of at least 25 feet shall count as parking spaces.
(2)
The following requirements with respect to streets, utilities, environmental standards and staging of developments shall also be applicable to the Townhouse-6 Zone:
(a)
Streets.
[1]
The right-of-way and pavement widths of all internal streets, roads and vehicular traveled ways shall be determined by the Planning Board, based upon sound planning and engineering standards in conformity with the estimated needs of the fully proposed development and the traffic to be generated thereby. They shall be adequate in size loading and design to accommodate the maximum traffic parking and loading needs and access for firefighting, police and other emergency vehicles.
[2]
All private residential roads and streets shall contain a minimum pavement width of 25 feet for two-way travel and 20 feet for one-way travel. No on-street parking of any type shall be permitted on roadways with a two-way pavement width of 25 feet or a one-way pavement width of 20 feet.
[3]
All common areas or visitor parking shall be located within 200 feet of the designated residential parking it is designed to serve.
[4]
All streets and roads, whether dedicated or privately owned and maintained, or any combination thereof, shall comply with all Borough ordinances as well as the laws of the State of New Jersey with regard to construction and safety.
[5]
Where an Official Map or Master Plan, or both, have been adopted, the proposed street system shall conform to the proposals and conditions shown thereon except as may be modified by the Planning Board or governing body, as provided by law.
(b)
Utility easements.
[1]
Every development within the T-6 Zone shall be serviced by a centralized water and sanitary sewer system.
[2]
All utility improvements, storm drainage systems, sanitary sewage collection and disposal, garbage collection and recycling and water supply systems shall be in accordance with standards and procedures as established by local, county and state regulations. Such improvement shall be subject to review and approval by the Borough Engineer and the Board of Health, as well as appropriate county and state agencies. Water supply facilities shall be subject to review and approval by the Borough Engineer and Fire Department.
(c)
Electric, gas, cable and telephone service. Electric, gas, cable and telephone service lines shall be installed by the developer in concert with the appropriate public utilities providing such service. All such utility shall be installed underground.
(d)
Street improvements. Monuments, street names, traffic control devices, shade trees, streetlights, sidewalks, curbs, fire hydrants and all aspects of street construction, as well as other improvements, shall comply with all applicable provisions of the Borough of Montvale and shall meet with the approval of the Borough Engineer.
(e)
Environmental standards. Any development within the T-6 Zone shall comply with all environmental standards as well as provided herein and all other provisions of the Borough of Montvale, the state and federal governments. Any new building or structure to be erected, any existing building or structure to be moved, enlarged, altered or added to any land shall comply with the following requirements:
[1]
There shall be no increase in the rate of runoff of any adjoining or nearby stream or watercourse. Zero percent increase in runoff shall be maintained for the site in consideration of a 100-year storm unless a lesser standard is made applicable to the property pursuant to a duly adopted state regulation, in which event the lesser standard shall apply.
[2]
All principal buildings shall be set back a minimum of 15 feet from the 100-year flood line of any stream or watercourse. All stream and watercourse corridors within this fifteen-foot distance shall remain in their natural state, except where necessary to provide utility easement or connecting roadways. The Planning Board shall, in addition, require the applicant to dedicate to the public an easement of not less than 10 feet width along each side or edge of such body of water. The foregoing requirements shall be considered design standards, deviation from which shall require a waiver from the Planning Board.
[3]
No portion of the sanitary sewer system servicing the development may be located within 100 feet of any groundwater source in any area of fractured bedrock.
[4]
No portion or feature of any residential development shall impede any existing waterways or streams or substantially alter the hydrology to the area.
[5]
In the T-6 Residential Zone, no structure shall be permitted in any area of development having a topographic slope of 15% or greater as provided in § 400-47.
[6]
Any application in the T-6 Zone shall be required to file an environmental impact statement in accordance with the standards and procedures established herein.
H.
Staging. As permitted by N.J.S.A. 40:55D-39c(6), a residential cluster development or townhouse development may be developed in stages. No proposed sequence of stages submitted by the applicant shall be approved unless the Planning Board finds and determines as follows:
(1)
That each stage is substantially self-functioning with regard to access, utility services, parking, open space and other similar physical features maintained upon completion of construction and development.
(2)
That each stage is properly related to every other segment of the development and to the community as a whole and to all necessary community services which are available or which may be needed to serve the development in the future.
(3)
That adequate protection will be provided to ensure the proper disposition of each stage through the use of maintenance and performance guaranties, covenants and other formal agreements.
(4)
That the landowner will provide a balanced distribution for development in each stage. Such disposition shall be judged on the basis of the level of improvement costs, physical planning and coordination required and other relationships which may be necessary to undertake each stage or segment.
§ 400-22 Apartment A District.
[Amended 6-14-2016 by Ord. No. 2016-1416]
No building or structure other than apartments shall be built, altered or erected to be used in this district, except that churches, temples and other houses of worship shall be permitted (subject to the provisions of § 400-80), and public, private and boarding schools shall be permitted (subject to the provisions of § 400-79).
§ 400-23 Business B-1 and B-2 Districts.
In the Business B-1 District and Business B-2 District, no building or land shall be used and no building or other structure shall be built, altered or erected to be used for any purpose other than those specified in Subsections A through H of this section.
A.
Any use permitted in Residence R-40, Residence R-15 and Residence R-10 Districts, except for public, private and boarding schools and churches, temples and houses of worship; provided, however, that where the district boundaries of the Business B-1 or Business B-2 District shall abut a residential district, the Limiting Schedule requirements applicable to the abutting district shall apply. In the event that any one or more of the zone boundaries of the Business B-1 District or Business B-2 District shall abut more than one residential district, the Limiting Schedule requirements as to the least restricted district shall be applicable.
[Amended 6-14-2016 by Ord. No. 2016-1416]
B.
Public restaurants where the serving of food and beverages is accomplished exclusively inside a building or structure and the consumption of food and beverage is accomplished exclusively either inside a building or structure or off the premises. No drive-through, drive-in or curb-service restaurants or eating establishments where food and beverages are served or consumed on the property other than within an enclosed building shall be permitted in these districts.
[Amended 3-8-1994 by Ord. No. 94-962]
C.
Retail stores where goods are sold or service is rendered and where nothing is fabricated or manufactured or converted or altered except for such retail trade. Specifically excepted from the foregoing are any uses which involve the repair and/or maintenance of vehicles.
[Amended 5-12-1998 by Ord. No. 98-1091]
D.
Offices, banks and financial institutions.
E.
Undertaking establishments.
F.
Personal service establishments such as tailor shops, shoe repair shops, barbershops or beauty parlors.
G.
Accessory buildings for the storage of articles for sale in connection with any of the hereinabove enumerated uses.
H.
Residential apartments above the first floor.
[Added 10-12-2004 by Ord. No. 2004-1223]
(1)
Residential apartments shall be permitted as a conditional use within the B-1 Business District subject to the conditions set forth in § 400-23H(1) below:
(a)
No apartments shall be permitted above shopping centers, nor above supermarkets or drugstores.
(b)
Only properties of greater than 30,000 square feet but less than 80,000 square feet shall be permitted to have such residential apartments.
(c)
Only properties with at least 150 feet of frontage on Kinderkamack Road shall be permitted to have such residential apartments.
(d)
Such apartments shall be limited to the second floor only and shall not be permitted on the ground floor.
(e)
No unit shall be less than 650 square feet in size, but no unit may contain more than two bedrooms.
(f)
A maximum density of 10 residential units per acre shall be permitted.
(g)
A maximum height of two stories and 30 feet shall be permitted.
(h)
For each five units of market-rate housing, the developer shall be required to fund one unit of affordable housing by making a contribution equal to the cost of one RCA, as defined and regulated by the Council on Affordable Housing.
(2)
The following bulk regulations shall apply. Such regulations shall not constitute conditional use standards, and variances from such regulations shall be treated as "C" variances.
(a)
The floor area of the residential units shall not be counted towards the gross floor area permitted in the zone under the floor area ratio requirements of the Limiting Schedule of the chapter.
(b)
The yard setbacks of the B-1 District shall be met, except in the case where a first-floor building footprint exists which does not conform to such standards, the residential apartments shall be permitted within the confines of the existing building footprint.
(c)
The maximum lot coverage may be increased to 80%.
(d)
Parking for the residential units shall comply with the parking requirements set forth in Article VIII except that the Board may approve a lesser number based upon credible evidence based upon such factors as the availability of bus and train service within walking distance, the lower number of persons residing in the residential units due to the existence of studios (zero-bedroom) or one-bedroom units, and shared parking wherein the spaces provided to the retail ground-floor uses are available on evenings and weekends for the residents when the businesses are closed.
§ 400-24 Office and Research OR-1, OR-2, OR-3 and OR-4 Districts.
[Amended 6-10-1980 by Ord. No. 80-716; 12-8-1987 by Ord. No. 87-849; 6-14-1994 by Ord. No. 94-966; 10-11-1994 by Ord. No. 94-981; 12-28-2000 by Ord. No. 2000-1149; 12-14-2004 by Ord. No. 2004-1226; 1-31-2012 by Ord. No. 2012-1350]
In the Office and Research Districts, no building or land shall be used and no building or other structure shall be built, altered or erected to be used for any purpose other than those specified in Subsections A through F of this section.
A.
Office buildings, including buildings housing professional offices.
B.
Scientific or research laboratories, testing, experimental or computation centers, provided that there shall be no use thereof that is noxious, offensive or hazardous by reason of emission of odor, dust, smoke, noise or electric, magnetic or radioactive waves.
C.
Medical center buildings, hospitals, medical and dental offices, nursing homes, clinics and offices for the practice of veterinary medicine.[1]
[Amended 3-8-2016 by Ord. No. 2016-1408]
[1]
Editor's Note: Original § 128-5.4D of the 1966 Code, regarding public and private schools, which immediately followed this subsection, was repealed 3-18-2016 by Ord. No. 2016-1408.
D.
Municipal buildings, libraries, playgrounds, parks, recreation and essential municipal uses.
E.
Conditional uses.
(1)
Fitness centers and hotels shall be permitted only in the OR-4 District, provided such uses are located on lots of at least five acres in size and with a minimum lot width of 300 feet. Additionally, fitness centers and hotels shall also adhere to the requirements of § 400-59. Relief from the requirements of § 400-59 shall be treated as "C" variances pursuant to N.J.S.A. 40:55D-70(c).
(2)
Public utility building or structure other than an electricity generating plant, gas manufacturing plant or gasometer, subject to the conditional use standards of § 400-82.
(3)
Assisted living residences shall be permitted in the OR-3 or OR-4 District, provided that a minimum of 10% of the units are reserved for Medicaid-eligible persons such that the units will qualify as affordable units for the purposes of the Borough of Montvale's Housing Element and Fair Share Plan and that the following requirements are met:
[Added 2-28-2017 by Ord. No. 2017-1423]
(a)
Primary access shall be achieved from a road under the jurisdiction of Bergen County.
(b)
Minimum lot size: 10 acres.
(c)
Minimum lot width: 200 feet.
(d)
Minimum front yard setback: 75 feet.
(f)
Minimum rear yard setback: 50 feet.
(g)
Maximum lot coverage: as regulated in the underlying zone.
(h)
Maximum FAR: 0.35.
(i)
Maximum building height: 50 feet and three stories.
(j)
Parking: 0.5 parking space per residential unit.
(k)
Building exteriors shall have vertical and/or horizontal offsets and variations of construction materials to create visual breaks on the exterior.
(l)
There shall be provided a safe and convenient system of sidewalks accessible to all occupants. Due consideration should be given in planning walks, paths, and ramps to prevent slipping or stumbling. Handrails and ample space for rest shall be provided. All walks, paths and risers shall be designed according to the requirements of the Americans with Disabilities Act (ADA).[2]
[2]
Editor's Note: See 42 U.S.C. § 12101 et seq.
(m)
A buffer area as defined in § 400-8, which shall be no less than 15 feet in width from all external property lines of the site.
(n)
Sign regulations: as regulated in the underlying zone.
(o)
Maximum 25 units per acre.
F.
Accessory uses. Within the OR-1, OR-2, OR-3 and OR-4 Districts, the following accessory uses shall be permitted:
(1)
Storage of materials or supplies incidental to the principal uses permitted in this district, provided that the materials or supplies are stored within an enclosed building.
(2)
Only within the principal building itself and not as freestanding uses, banks and financial institutions and other service establishments where no products are manufactured, processed or sold, such as the offices of a real estate broker, insurance broker and travel agency.
(3)
Heliports, helistops and related facilities intended for the takeoff and landing of helicopters and other forms of aircraft are specifically prohibited as an accessory use within the districts.
(4)
Uses customary and incidental to the principal use.
G.
(Reserved)
H.
(Reserved)
I.
Access to apartment, condominium, or townhouse development in the RCO District.
(1)
A roadway or driveway through land in the OR-2 Office and Research District shall be permitted by conditional use to apartment, condominium, or townhouse development in the RCO-Retirement Community Overlay District, meeting the following requirements:
§ 400-25 Overlay districts [1]
[Added 5-29-2018 by Ord. No. 2018-1452]
B.
Mixed-Use Inclusionary 1 (MI-1) Overlay District. The following standards shall apply to development within the MI-1 Overlay District. When the standards herein conflict with other provisions of Chapter 400, the standards herein shall apply.
(1)
Purpose. The purpose of the MI-1 Overlay District is to provide a realistic opportunity for the construction of affordable housing as part of a mixed-use inclusionary development. The MI-1 Overlay District shall be applied as an overlay zone to the underlying B-1 District. This approach provides property owners and developers with the opportunity to utilize either set of zoning regulations as they deem preferable.
(2)
Permitted principal uses. In the MI-1 Overlay District, the following uses shall be permitted:
(a)
Restaurants; however, no drive-through, drive-in or curb-service restaurants shall be permitted.
(b)
Retail stores where goods are sold or services are rendered and where nothing is fabricated or manufactured or converted or altered except for such retail trade. Specifically excepted from the foregoing are any uses which involve the repair and/or maintenance of vehicles, which are prohibited.
(c)
Offices, banks and financial institutions, including medical and professional offices.
(d)
Personal service establishments.
(e)
Child-care centers.
(f)
Multifamily residential units above the ground floor.
(g)
A mixture or combination of the above uses.
(3)
Permitted accessory uses.
(a)
Tenant amenities, including but not limited to recreational and fitness facilities, lobbies, leasing and management offices and mail rooms.
(b)
Outdoor dining, associated with permitted restaurant uses, subject to the following conditions:
[1]
Tables shall be located on private property and not in the public right-of-way.
[2]
Fencing, bollards or planters shall be used to define the outdoor dining area.
[3]
No outdoor dining shall be permitted after 12:00 midnight.
[4]
All lighting shall be downward-facing and shall be turned off no later than 12:30 a.m.
[5]
Outdoor dining shall not include an outdoor bar or any other similar outdoor accessory use that serves only beverages, nor does it include any drive-through or takeout windows.
[6]
Approval shall not be construed as approval by the Borough Council for extension and/or renewal of any license under ABC jurisdiction.
[7]
No amplified music shall be permitted.
[8]
Outdoor seating shall count for purposes of calculating parking requirements.
(c)
Waste and recycling receptacles.
(d)
Surface parking and parking incorporated into the building design.
(e)
Any use customary and incidental to a permitted principal use.
(f)
Signs.
(g)
Fences and walls.
(4)
Bulk area and other dimensional standards.
(a)
Minimum lot area: four acres.
(b)
Minimum front yard: 100 feet (measured from street center line).
(c)
Minimum side yard: 20 feet.
(d)
Minimum rear yard: 60 feet.
(e)
Maximum building coverage: 60%.
(f)
Maximum lot coverage: 85%.
(g)
Maximum density: 12 units per acre.
(h)
Maximum building height: three stories and 40 feet.
(i)
Retaining walls, sidewalks, walkways, fences, aboveground and underground utilities shall be permitted within the setbacks.
(5)
Affordable housing requirements.
(a)
Twenty percent of all for-sale units in the MI-1 Overlay District shall be set aside for certified households.
(b)
Fifteen percent of all rental units in the MI-1 Overlay District shall be set aside for certified households.
(c)
Affordable units shall be governed by deed restrictions ensuring long-term affordability controls in accordance with Chapter 130, Affordable Housing.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(d)
The development, unit distribution and marketing of all affordable units shall be undertaken consistent with Chapter 130, Affordable Housing, the Uniform Housing Affordability Controls, and all other applicable laws, rules and regulations, including applicable COAH regulations, the Fair Housing Act[2] and its requirement that at least 13% of all affordable units associated with this project be made affordable to very-low-income households.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
[2]
Editor's Note: See N.J.S.A. 52:27D-301 et seq.
(e)
The developer shall be responsible for all costs associated with the initial sale or rental of the affordable units, and for the continuing administration of the affordable units and the preservation of the creditworthiness of the units.
(6)
Architecture.
(a)
Long, monotonous, uninterrupted walls or roof planes shall be avoided. Building wall offsets, including projections such as canopies and recesses, shall be used in order to add architectural interest and variety and to relieve the visual effect of a simple, long wall. Similarly, in the case of a pitched roof, roofline offsets, dormers or gables shall be provided in order to provide architectural interest and variety to the massing of a building and to relieve the effect of a single, long roof.
[1]
The maximum spacing between building wall offsets shall be 50 feet.
[2]
The minimum projection or depth of any individual vertical offset shall be 1.5 feet.
[3]
The maximum spacing between roof offsets shall be 50 feet.
[4]
Projecting balconies are prohibited along front or side facades. Where located along a rear facade, projecting balconies may encroach up to three feet into a required rear yard setback.
(b)
The architectural treatment of the front facade shall be continued in its major features around all visibly exposed sides of a building. All sides of a building facing a public street shall be architecturally designed to be consistent with regard to style, materials, colors and details.
(c)
Fenestration.
[1]
Windows shall be architecturally compatible with the style, materials, colors and details of the building. Windows shall be vertically proportioned.
[2]
All ground-level restaurant, retail and service uses shall have clear glass on at least 60% of their facades (applicable to all facades visible from the public street) between three feet and eight feet above grade.
(7)
Parking.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(a)
Any structured or stilted parking area beneath a building must be disguised or obscured with no less than 50% of the ground floor frontage occupied by an active use (residential lobbies included), and the remainder shall have window openings to match the floors above and evergreen foundation plantings no less than three feet in height to soften the impact of the wall.
(c)
Parking areas between the street line and front facade must provide a sidewalk providing a safe pedestrian connection between the public right-of-way and the building entrance(s). Such sidewalk must be a minimum of five feet wide, buffered by two feet of landscaping on each side where adjacent to a parking area, driveway, or drive aisle.
(d)
Minimum parking requirements.
[1]
Retail uses, offices, including medical and professional uses, banks, financial institutions, and personal services uses: one off-street parking space for each 200 square feet of floor area.
[2]
Restaurants and any establishment which engages in the serving of food and/or beverages for consumption on and/or off the premises: one off-street parking space for every three seats provided and, in addition thereto, one parking space for every 10 square feet of floor area made available to customers for off-premises consumption services.
[3]
Child-care centers: one off-street parking space for each 300 feet of floor area.
[4]
Residential uses: as required by RSIS.
(f)
Additional parking requirements. Where uses share access to parking spaces, the required ratios above may be lowered by the Planning Board, based upon a shared parking analysis, which demonstrates to the reasonable satisfaction of the Planning Board that the combined peak parking demand can be satisfied for those shared parking facilities at a lower combined ratio.
(8)
Entrances.
(a)
All entrances to a building shall be defined and articulated by architectural elements such as lintels, pediments, pilasters, columns, porticoes, canopies, overhangs, railings, etc.
(b)
Residential units must be accessed by a secure lobby separate from any other uses taking place within the building.
(9)
Mechanicals and utilities.
(a)
Heating, ventilating and air-conditioning systems, utility meters and regulators, exhaust pipes and stacks, satellite dishes and other telecommunications receiving devices shall not be visible from the public right-of-way except where required by the public utility. The requirements of § 400-83, regarding satellite antennas, shall apply.
(b)
All rooftop mechanical equipment, inclusive of solar equipment, shall be screened from view from all vantage points at grade or below the roof.
(c)
Placement of any packaged terminal air-conditioner units within the facade is prohibited.
(10)
Sidewalks and landscaping. Sidewalks and landscaped beds fronting any building shall be no less than eight feet in depth combined.
(11)
Refuse and recycling.
C.
Mixed-Use Inclusionary 2 (MI-2) Overlay District. The following standards shall apply to development within the MI-2 Overlay District. When the standards herein conflict with other provisions of Chapter 400, the standards herein shall apply.
(1)
Purpose. The purpose of the MI-2 Overlay District is to provide a realistic opportunity for the construction of affordable housing as part of a mixed-use inclusionary development. The MI-2 Overlay District shall be applied as an overlay zone to the underlying B-1 District. This approach provides property owners and developers with the opportunity to utilize either set of zoning regulations as they deem preferable.
(2)
Permitted principal uses. In the MI-2 Overlay District, the following uses shall be permitted:
(a)
Restaurants; however, no drive-through, drive-in or curb-service restaurants shall be permitted.
(b)
Retail stores where goods are sold or services are rendered and where nothing is fabricated or manufactured or converted or altered except for such retail trade. Specifically excepted from the foregoing are any uses which involve the repair and/or maintenance of vehicles, which are prohibited.
(c)
Offices, banks and financial institutions, including medical and professional offices.
(d)
Personal service establishments.
(e)
Child-care centers.
(f)
Indoor recreation.
(g)
Multifamily residential units above the ground floor.
(h)
A mixture or combination of the above uses.
(3)
Permitted accessory uses.
(a)
Tenant amenities, including but not limited to recreational and fitness facilities, lobbies, leasing and management offices and mail rooms.
(b)
Outdoor dining, associated with permitted restaurant uses, subject to the following conditions:
[1]
Tables shall be located on private property and not in the public right-of-way.
[2]
Fencing, bollards or planters shall be used to define the outdoor dining area.
[3]
No outdoor dining shall be permitted after 12:00 midnight.
[4]
All lighting shall be downward-facing and shall be turned off no later than 12:30 a.m.
[5]
Outdoor dining shall not include an outdoor bar or any other similar outdoor accessory use that serves only beverages, nor does it include any drive-through or takeout windows.
[6]
Approval shall not be construed as approval by the Borough Council for extension and/or renewal of any license under ABC jurisdiction.
[7]
No amplified music shall be permitted.
[8]
Outdoor seating shall count for purposes of calculating parking requirements.
(c)
Waste and recycling receptacles.
(d)
Surface parking.
(e)
Any use customary and incidental to a permitted principal use.
(f)
Signs.
(g)
Fences and walls.
(4)
Bulk area and other dimensional standards.
(a)
Minimum lot area: 7,500 square feet.
(b)
Minimum lot width: 75 feet.
(c)
Minimum front yard: five feet (measured from property line).
(d)
Maximum front yard: 10 feet (measured from property line).
(e)
Minimum side yard: five feet (one); 15 feet (aggregate).
(f)
Minimum rear yard: 30 feet.
(g)
Maximum building coverage: 60%.
(h)
Maximum lot coverage: 90%.
(i)
Maximum density: 12 units per acre.
(j)
Maximum building height: three stories and 40 feet.
(k)
Retaining walls, sidewalks, walkways, fences, aboveground and underground utilities shall be permitted within the setbacks.
(5)
Affordable housing requirements.
(a)
Twenty percent of all for-sale units in the MI-2 Overlay District shall be set aside for certified households.
(b)
Fifteen percent of all rental units in the MI-2 Overlay District shall be set aside for certified households.
(c)
Affordable units shall be governed by deed restrictions ensuring long-term affordability controls in accordance with Chapter 130, Affordable Housing.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(d)
The development, unit distribution and marketing of all affordable units shall be undertaken consistent with Chapter 130, Affordable Housing, the Uniform Housing Affordability Controls, and all other applicable laws, rules and regulations, including applicable COAH regulations, the Fair Housing Act[4] and its requirement that at least 13% of all affordable units associated with this project be made affordable to very-low-income households.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
[4]
Editor's Note: See N.J.S.A. 52:27D-301 et seq.
(e)
The developer shall be responsible for all costs associated with the initial sale or rental of the affordable units, and for the continuing administration of the affordable units and the preservation of the creditworthiness of the units.
(6)
Architecture.
(a)
Long, monotonous, uninterrupted walls or roof planes shall be avoided. Building wall offsets, including projections such as canopies and recesses, shall be used in order to add architectural interest and variety and to relieve the visual effect of a simple, long wall. Similarly, in the case of a pitched roof, roofline offsets, dormers or gables shall be provided in order to provide architectural interest and variety to the massing of a building and to relieve the effect of a single, long roof.
[1]
The maximum spacing between building wall offsets shall be 40 feet.
[2]
The minimum projection or depth of any individual vertical offset shall be 1.5 feet.
[3]
The maximum spacing between roof offsets shall be 40 feet.
[4]
Projecting balconies are prohibited along front or side facades. Where located along a rear facade, projecting balconies may encroach up to three feet into a required rear yard setback.
(b)
The architectural treatment of the front facade shall be continued in its major features around all visibly exposed sides of a building. All sides of a building facing a public street shall be architecturally designed to be consistent with regard to style, materials, colors and details.
(c)
Fenestration.
[1]
Windows shall be architecturally compatible with the style, materials, colors and details of the building. Windows shall be vertically proportioned.
[2]
All ground-level restaurant, retail and service uses shall have clear glass on at least 60% of their facades (applicable to all facades visible from the public street) between three feet and eight feet above grade.
(7)
Entrances.
(a)
All entrances to a building shall be defined and articulated by architectural elements such as lintels, pediments, pilasters, columns, porticoes, canopies, overhangs, railings, etc.
(b)
Residential units must be accessed by a secure lobby separate from any other uses taking place within the building.
(8)
Mechanicals and utilities.
(a)
Heating, ventilating and air-conditioning systems, utility meters and regulators, exhaust pipes and stacks, satellite dishes and other telecommunications receiving devices shall not be visible from the public right-of-way except where required by the public utility. The requirements of § 400-83, regarding satellite antennas, shall apply.
(b)
All rooftop mechanical equipment, inclusive of solar equipment, shall be screened from view from all vantage points at grade or below the roof.
(c)
Placement of any packaged terminal air-conditioner units within the facade is prohibited.
(9)
Sidewalks and landscaping. Sidewalks and landscaped beds fronting any building shall be no less than eight feet in depth combined.
(10)
Refuse and recycling.
(11)
Landscaping. Pervious areas shall be landscaped with a mix of deciduous and evergreen trees and low ground cover or grass.
(12)
Parking.
(b)
Minimum parking requirements.
[1]
Retail uses, offices including medical and professional uses, banks, financial institutions, and personal services uses: one off-street parking space for each 200 square feet of floor area.
[2]
Restaurants and any establishment which engages in the serving of food and/or beverages for consumption on and/or off the premises: one off-street parking space for every three seats provided and, in addition thereto, one parking space for every 10 square feet of floor area made available to customers for off-premises consumption services.
[3]
Child-care centers: one off-street parking space for each 300 feet of floor area.
[4]
Indoor recreation: one space per 200 square feet of floor area.
[5]
Residential uses: as required by RSIS.
(c)
Location of parking. All parking shall be located to the side or rear of a building. Said parking shall be well-screened to a minimum height of four feet by the use of appropriate plantings of sufficient height and density so as to obscure the view of such parking areas from all streets. Where a parking lot abuts a residential zone, no parking shall be located closer than 15 feet to said zone boundary.
(d)
In cases where adjacent property owners agree to provide a shared access driveway, the following applies:
[1]
Minimum one-way driveway width: 12 feet.
[2]
Minimum two-way driveway width: 24 feet.
[3]
Maximum driveway width: 30 feet.
[4]
Driveways may be centered on the shared lot line or offset to any degree as agreed to by the property owners.
[5]
A permanent easement for shared access to rear parking areas shall be filed with the property deeds.
D.
Mixed-Use Inclusionary 3 (MI-3) Overlay District. The following standards shall apply to development within the MI-3 Overlay District. When the standards herein conflict with other provisions of Chapter 400, the standards herein shall apply.
(1)
Purpose. The purpose of the MI-3 Overlay District is to provide a realistic opportunity for the construction of affordable housing as part of a mixed-use inclusionary development. The MI-3 Overlay District shall be applied as an overlay zone to the underlying B-1 District. This approach provides property owners and developers with the opportunity to utilize either set of zoning regulations as they deem preferable.
(2)
Permitted principal uses. In the MI-3 Overlay District, the following uses shall be permitted:
(a)
Restaurants; however, no drive-through, drive-in or curb-service restaurants shall be permitted.
(b)
Retail stores where goods are sold or services are rendered and where nothing is fabricated or manufactured or converted or altered except for such retail trade. Specifically excepted from the foregoing are any uses which involve the repair and/or maintenance of vehicles, which are prohibited.
(c)
Offices, banks and financial institutions, including medical and professional offices.
(d)
Personal service establishments.
(e)
Child-care centers.
(f)
Multifamily residential units above the ground floor.
(g)
A mixture or combination of the above uses.
(3)
Permitted accessory uses.
(a)
Tenant amenities, including but not limited to recreational and fitness facilities, lobbies, leasing and management offices and mail rooms.
(b)
Outdoor dining, associated with permitted restaurant uses, subject to the following conditions:
[1]
Tables shall be located on private property and not in the public right-of-way.
[2]
Fencing, bollards or planters shall be used to define the outdoor dining area.
[3]
No outdoor dining shall be permitted after 12:00 midnight.
[4]
All lighting shall be downward-facing and shall be turned off no later than 12:30 a.m.
[5]
Outdoor dining shall not include an outdoor bar or any other similar outdoor accessory use that serves only beverages, nor does it include any drive-through or takeout windows.
[6]
Approval shall not be construed as approval by the Borough Council for extension and/or renewal of any license under ABC jurisdiction.
[7]
No amplified music shall be permitted.
[8]
Outdoor seating shall count for purposes of calculating parking requirements.
(c)
Waste and recycling receptacles.
(d)
Surface parking.
(e)
Any use customary and incidental to a permitted principal use.
(f)
Signs.
(g)
Fences and walls.
(4)
Bulk area and other dimensional standards.
(a)
Minimum lot area: 7,500 square feet.
(b)
Minimum lot width: 75 feet.
(c)
Minimum front yard: five feet (measured from property line).
(d)
Maximum front yard: 10 feet (measured from property line).
(e)
Minimum side yard: five feet (one); 15 feet (aggregate).
(f)
Minimum rear yard: 30 feet.
(g)
Maximum building coverage: 60%.
(h)
Maximum lot coverage: 90%.
(i)
Maximum density: 15 units per acre.
(j)
Maximum building height: three stories and 40 feet.
(k)
Retaining walls, sidewalks, walkways, fences, aboveground and underground utilities shall be permitted within the setbacks.
(5)
Affordable housing requirements.
(a)
Twenty percent of all for-sale units in the MI-3 Overlay District shall be set aside for certified households.
(b)
Fifteen percent of all rental units in the MI-3 Overlay District shall be set aside for certified households.
(c)
Affordable units shall be governed by deed restrictions ensuring long-term affordability controls in accordance with Chapter 130, Affordable Housing.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(d)
The development, unit distribution and marketing of all affordable units shall be undertaken consistent with Chapter 130, Affordable Housing, the Uniform Housing Affordability Controls, and all other applicable laws, rules and regulations, including applicable COAH regulations, the Fair Housing Act[5] and its requirement that at least 13% of all affordable units associated with this project be made affordable to very-low-income households.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
[5]
Editor's Note: See N.J.S.A. 52:27D-301 et seq.
(e)
The developer shall be responsible for all costs associated with the initial sale or rental of the affordable units, and for the continuing administration of the affordable units and the preservation of the creditworthiness of the units.
(6)
Architecture.
(a)
Long, monotonous, uninterrupted walls or roof planes shall be avoided. Building wall offsets, including projections such as canopies and recesses, shall be used in order to add architectural interest and variety and to relieve the visual effect of a simple, long wall. Similarly, in the case of a pitched roof, roofline offsets, dormers or gables shall be provided in order to provide architectural interest and variety to the massing of a building and to relieve the effect of a single, long roof.
[1]
The maximum spacing between building wall offsets shall be 40 feet.
[2]
The minimum projection or depth of any individual vertical offset shall be 1.5 feet.
[3]
The maximum spacing between roof offsets shall be 40 feet.
[4]
Projecting balconies are prohibited along front or side facades. Where located along a rear facade, projecting balconies may encroach up to three feet into a required rear yard setback.
(b)
The architectural treatment of the front facade shall be continued in its major features around all visibly exposed sides of a building. All sides of a building facing a public street shall be architecturally designed to be consistent with regard to style, materials, colors and details.
(c)
Fenestration.
[1]
Windows shall be architecturally compatible with the style, materials, colors and details of the building. Windows shall be vertically proportioned.
[2]
All ground-level restaurant, retail and service uses shall have clear glass on at least 60% of their facades (applicable to all facades visible from the public street) between three feet and eight feet above grade.
(7)
Entrances.
(a)
All entrances to a building shall be defined and articulated by architectural elements such as lintels, pediments, pilasters, columns, porticoes, canopies, overhangs, railings, etc.
(b)
Residential units must be accessed by a secure lobby separate from any other uses taking place within the building.
(8)
Mechanicals and utilities.
(a)
Heating, ventilating and air-conditioning systems, utility meters and regulators, exhaust pipes and stacks, satellite dishes and other telecommunications receiving devices shall not be visible from the public right-of-way except where required by the public utility. The requirements of § 400-83, regarding satellite antennas, shall apply.
(b)
All rooftop mechanical equipment, inclusive of solar equipment, shall be screened from view from all vantage points at grade or below the roof.
(c)
Placement of any packaged terminal air-conditioner units within the facade is prohibited.
(9)
Sidewalks and landscaping. Sidewalks and landscaped beds fronting any building shall be no less than eight feet in depth combined.
(10)
Refuse and recycling.
(11)
Landscaping. Pervious areas shall be landscaped with a mix of deciduous and evergreen trees and low ground cover or grass.
(12)
Parking.
(b)
Minimum parking requirements.
[1]
Retail uses, offices, including medical and professional uses, banks, financial institutions, and personal services uses: one off-street parking space for each 200 square feet of floor area.
[2]
Restaurants and any establishment which engages in the serving of food and/or beverages for consumption on and/or off the premises: one off-street parking space for every three seats provided and, in addition thereto, one parking space for every 10 square feet of floor area made available to customers for off-premises consumption services.
[3]
Child-care centers: one off-street parking space for each 300 feet of floor area.
[4]
Residential uses: as required by RSIS.
(c)
Location of parking. All parking shall be located to the side or rear of a building. Said parking shall be well-screened to a minimum height of four feet by the use of appropriate plantings of sufficient height and density so as to obscure the view of such parking areas from all streets. Where a parking lot abuts a residential zone, no parking shall be located closer than 15 feet to said zone boundary.
(d)
In cases where adjacent property owners agree to provide a shared access driveway, the following applies:
[1]
Minimum one-way driveway width: 12 feet.
[2]
Minimum two-way driveway width: 24 feet.
[3]
Maximum driveway width: 30 feet.
[4]
Driveways may be centered on the shared lot line or offset to any degree as agreed to by the property owners.
[5]
A permanent easement for shared access to rear parking areas shall be filed with the property deeds.
[1]
Editor's Note: Original § 128-5.5 of the 1966 Code, SED Specialized Economic Development District, as amended, was repealed 1-31-2012 by Ord. No. 2012-1350.