Oradell City Zoning Code
ARTICLE VI
Zoning Districts and Regulations
§ 240-6.1 Establishment of zones and regulations.
For the purpose of this chapter, the following zones are hereby created, and the following regulations governing the height, number of buildings and size of buildings and other structures, their construction, reconstruction, alteration or repair, the percentage of lot that may be occupied, the size of yards, courts and other open spaces, the density of population and the location, use and extent of use of buildings, structures and lands for trade, commerce, residence and other purposes are hereby approved and shall hereafter apply in the Borough of Oradell.
§ 240-6.2 Zones designated; boundaries established.
A.
For the purposes of this chapter, the Borough of Oradell is divided into 13 zones, which are as follows:
[Amended 10-9-2018 by Ord. No. 18-13; 3-12-2019 by Ord. No. 19-03; 3-12-2019 by Ord. No. 19-04; 6-22-2021 by Ord. No. 21-05]
R-1 | One-Family Residential Zone | |
R-2 | One-Family Residential Zone | |
R-3 | One-Family Residential Zone | |
R-4 | One-Family Residential Zone | |
R-5 | Two-Family Residential Zone | |
A-1 | Garden Apartment and Residential Zone | |
B-1 | Business Zone | |
B-2 | Limited Business Zone | |
B-3 | Business and Apartment Zone | |
CBD | Central Business District Overlay Zone | |
C-1 | Commercial Zone | |
CR | Conservation/Recreation Zone (Recreation, Watershed, Open Space) | |
MX | Mixed-Use Development Zone (Residential/Business) | |
AHO | Affordable Housing Overlay District | |
AH-1 | Affordable Housing 1 Residential Zone | |
AH-2 | Affordable Housing 2 Residential Zone | |
R-2A | One-Family Residential Zone |
B.
The boundaries of these zones are hereby established as shown on the map entitled "Zoning Map of the Borough of Oradell, New Jersey," revised March 1, 2010, which map is hereby adopted by reference and declared to be a part of this chapter.[1]
[1]
Editor's Note: The Zoning Map and amendments thereto are on file in the Borough offices.
C.
District boundary lines are intended to follow street and railroad center lines and lot or property lines as they exist at the time of enactment of this chapter unless otherwise indicated on the Zoning Map. The exact location of any disputed boundary line shall be determined by the Zoning Board of Adjustment.
D.
Where a vacated right-of-way is bounded on either side by more than one district, the former center line of such right-of-way shall become the new district line.
E.
Where a district boundary line divides one or more lots that are in a single ownership at the time of the passage of this chapter, the use provided for one district shall not extend into the other district.
§ 240-6.3 Application of zoning regulations.
The regulations set forth in this chapter within each zone shall be the minimum regulations and shall apply uniformly to each class or kind of structure of land within said zone.
A.
No building, structure or land shall hereafter be used or occupied and no building or structure or part thereof shall hereafter be erected, constructed, altered, reconstructed or moved unless in conformity with all the regulations for the zone in which said building, structure or land is located.
B.
No building or other structure shall hereafter be erected or altered which is in any manner contrary to the provisions of this chapter.
C.
No yards, setbacks or lots existing at the time of the passage of this chapter shall be reduced in dimension or area below the minimum requirements of this chapter for said zone. All yards, setbacks and lots created after the effective date of this chapter shall meet the minimum requirements set forth in this chapter for each zone.
§ 240-6.4 Buffer area.
When a nonresidential use abuts a residential zone on the side or rear, a space not less than 10 feet in width on the nonresidential property shall be designated as a buffer area and so indicated on the plat. Buffer areas will be contiguous with residential property lines and shall be of uniform width. If the buffer is less than 20 feet wide, the applicant may be required to erect and landscape a six-foot-high double-sided "sight-proof" fence within the buffer area parallel to the lot line of the abutting residential lot and set back a distance appropriate for the landscaping treatment in the buffer area. No chain-link or cyclone fences shall be permitted. Buffer areas on the nonresidential property between parking areas, loading areas and/or streets shall be at least 10 feet wide. When two or more commercial properties abut on the side or rear, an area of not less than three feet in width shall be designated on each property as a buffer area, and so indicated on the plat.
A.
Buffer areas shall be maintained and kept clean of all debris, rubbish, weeds and tall grass. Any screen planting shall be maintained permanently, and any plant material which does not live shall be replaced within one year or one growing season.
B.
No structure, activity, storage of materials or parking of vehicles shall be permitted in the buffer area, except access drives from public streets, one unlighted directional sign per each direction of traffic per access drive, and permitted signs as specified in this code.
C.
Requirements for planting in the buffer area.
(1)
A solid and continuous sight proof landscaped screen shall be planted and maintained to conceal the parking and loading areas, eliminate the glare of vehicle lights throughout the year and camouflage the building from the abutting residential areas. The landscape screen shall consist of evergreen trees. Trees shall be planted in an area five feet to 20 feet from the residential line in a zigzag pattern and not more than six feet apart, except where otherwise authorized by the approving board. Evergreen trees shall not be less than six feet high above the top of the root ball when planted, and the lowest branches shall be not more than one foot above the ground. In the event that existing evergreens do not provide an adequate buffer, supplemental plantings or sight proof screening may be required.
(2)
In addition to the landscaped screen, other trees which are on the currently approved list of the Borough shall be planted by the applicant at a distance of not more than 30 feet from each other.
(3)
A landscape plan prepared by a New Jersey licensed landscape architect/professional shall be submitted for review and approval.
§ 240-6.5 Use and bulk regulations.
[Amended 2-26-2019 by Ord. No. 19-01; 3-12-2019 by Ord. No. 19-03; 3-12-2019 by Ord. No. 19-04; ; 6-22-2021 by Ord. No. 21-05; 7-11-2023 by Ord. No. 23-5]
The uses permitted and the bulk regulations for each zone shall be those set forth below and as shown in the Area, Yard and Bulk Regulations Schedule:[1]
A.
R-1 One-Family Residential.
(2)
Accessory uses shall be as follows:
(a)
Home office use, meaning an office activity carried on for gain by a resident in a dwelling unit, shall be a permitted accessory use in residential zone districts, provided that:
[1]
The use is limited solely to office use by permanent, full-time residents of the home.
[2]
No nonresident of the dwelling unit, employees, customers, business invitees or guests shall visit the dwelling unit for business purposes.
[3]
Interior storage of materials shall only consist of office supplies.
[4]
There shall be no change to the exterior of buildings or structures because of the use, and no outside appearance of a business use, including but not limited to parking, storage, signs or lights.
[5]
The use operates no equipment or process that creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with telephone, radio or television reception, detectable by neighboring residents.
[6]
The use does not require any increased or enhanced electrical or water supply.
[7]
The quantity and type of solid waste disposal is the same as other residential uses in the zone district.
[8]
The capacity and quality of effluent is typical of normal residential use and creates no potential or actual detriment to the sanitary sewer system or its components.
[9]
Delivery trucks shall be limited to U.S. Postal Service, United Parcel Service, Federal Express and other delivery services providing regular service to residential uses in the zone district. Maximum deliveries shall be 10 per week.
[10]
All vehicular traffic to and from the home office use shall be limited in volume, type and frequency to what is normally associated with other residential uses in the zone district.
(b)
Private garages, limited to the storage of not more than three vehicles, of which only one may be a commercial vehicle.
(e)
Tennis courts. (See § 240-8.4D.)
(4)
Lot dimensions.
(b)
Yards.
[1]
The minimum yard requirements of a principal building are as follows:
[2]
For every foot or part thereof for which the front yard lot width line is five feet above the required front lot width in a lot in a residential zone, 50% of that additional front yard lot width shall be added to the lot's total both side yard setback requirements of that zone, and the other 50% may be used for the added building width. If the lot has only one side yard, the additional side yard footage shall be added to the single side yard setback requirement. In addition, one-story open front porches that conform to the front yard setback may extend into the side yards along the entire front of the building but limited to each of the building's two side walls.
(c)
Maximum building coverage: 25% of the total lot area.
(d)
Maximum lot coverage, including buildings and impervious material, but excluding the water surface area of any swimming pool/pond: 40% of the total lot area.
(e)
Floor area ratio. Not more than 29% for the first 18,750 square feet, and an additional 14.5% for lot square footage between 18,750 and 37,500 square feet. There shall be no additional floor area ratio permitted for lot area above 37,500 square feet.
(f)
Height allowances shall be in accordance with Building Height Diagram A or B.[2]
[2]
Editor's Note: Said diagrams are included as attachments to this chapter.
(g)
The wall length along any side yard must be in accordance with the restrictions shown in Diagram C.[3]
[3]
Editor's Note: Said diagram is included as an attachment to this chapter.
B.
R-2 One-Family Residential.
(1)
All uses permitted in the R-1 Zone, including accessory uses, are permitted in this zone.
(3)
Lot dimensions.
(b)
Yards.
[1]
The minimum yard requirements of a principal building are as follows:
[2]
For every foot or part thereof for which the front yard lot width line is five feet above the required front lot width in a lot in a residential zone, 50% of that additional front yard lot width shall be added to the lot's total both side yard setback requirements of that zone and the other 50% may be used for the added building width. If the lot has only one side yard, the additional side yard footage shall be added to the single side yard setback requirement. In addition, one-story open front porches that conform to the front yard setback may extend into the side yards along the entire front of the building but limited to each of the building's two side walls.
(c)
Maximum building coverage: 25% of the total lot area.
(d)
Maximum lot coverage, including buildings and impervious material, but excluding the water surface area of any swimming pool or pond: 40% of the total lot area.
(e)
Floor area ratio. Not more than 31% for the first 12,000 square feet, and a additional 15.5% for lot square footage between 12,000 and 24,000 square feet. There shall be no additional floor area ratio permitted for lot area above 24,000 square feet.
(f)
Height allowances shall be in accordance with Building Height Diagram A or B.[4]
[4]
Editor's Note: Said diagrams are included as attachments to this chapter.
(g)
The wall length along any side yard must be in accordance with the restrictions shown in Diagram C.[5]
[5]
Editor's Note: Said diagram is included as an attachment to this chapter.
C.
R-3 One-Family Residential.
(1)
All uses permitted in the R-1 Zone, including accessory uses, are permitted in this zone.
(3)
Lot dimensions.
(b)
Yards.
[1]
The minimum yard requirements of a principal building are as follows:
[2]
For every foot or part thereof for which the front yard lot width line is five feet above the required front lot width in a lot in a residential zone, 50% of that additional front yard lot width shall be added to the lot's total both side yard setback requirements of that zone and the other 50% may be used for the added building width. If the lot has only one side yard, the additional side yard footage shall be added to the single side yard setback requirement. In addition, one-story open front porches that conform to the front yard setback may extend into the side yards along the entire front of the building but limited to each of the building's two side walls.
(c)
Maximum building coverage: 25% of the total lot area.
(d)
Maximum lot coverage, including buildings and impervious material but excluding the water surface area of any swimming pool or pond: 40% of the total lot area.
(e)
Floor area ratio. Not more than 33% for the first 9,000 square feet, and a additional 16.5% for lot square footage between 9,000 and 18,000 square feet. There shall be no additional floor area ratio permitted for lot area above 18,000 square feet.
(f)
Height allowances shall be in accordance with Building Height Diagram A or B.[6]
[6]
Editor's Note: Said diagrams are included as attachments to this chapter.
(g)
The wall length along any side yard must be in accordance with the restrictions shown in Diagram C.[7]
[7]
Editor's Note: Said diagram is included as an attachment to this chapter.
D.
R-4 One-Family Residential.
(1)
All uses permitted in the R-1 Zone, including accessory uses, are permitted in this zone.
(3)
Lot dimensions.
(b)
Yards.
[1]
The minimum yard requirements of a principal building are as follows:
[2]
For every foot or part thereof for which the front yard lot width line is five feet above the required front lot width in a lot in a residential zone, 50% of that additional front yard lot width shall be added to the lot's total both side yard setback requirements of that zone and the other 50% may be used for the added building width. If the lot has only one side yard, the additional side yard footage shall be added to the single side yard setback requirement. In addition, one-story open front porches that conform to the front yard setback may extend into the side yards along the entire front of the building but limited to each of the building's two side walls.
(c)
Maximum building coverage: 25% of the total lot area.
(d)
Maximum lot coverage, including buildings and impervious material but excluding the water surface area of any swimming pool or pond: 40% of the total lot area.
(e)
Floor area ratio. Not more than 35% for the first 7,500 square feet, and a additional 17.5% for lot square footage between 7,500 and 15,000 square feet. There shall be no additional floor area ratio permitted for lot area above 15,000 square feet.
(f)
Height allowances shall be in accordance with Building Height Diagram A or B.[8]
[8]
Editor's Note: Said diagrams are included as attachments to this chapter.
(g)
The wall length along any side yard must be in accordance with the restrictions shown in Diagram C.[9]
[9]
Editor's Note: Said diagram is included as an attachment to this chapter.
E.
R-5 Two-Family Residential.
(4)
Bulk requirements and setbacks.
(b)
Yards.
[1]
The minimum yard requirements of a principal building are as follows:
[2]
For every foot or part thereof for which the front yard lot width line is five feet above the required front lot width in a lot in a residential zone, 50% of that additional front yard lot width shall be added to the lot's total both side yard setback requirements of that zone and the other 50% may be used for the added building width. If the lot has only one side yard, the additional side yard footage shall be added to the single side yard setback requirement. In addition, one-story open front porches that conform to the front yard setback may extend into the side yards along the entire front of the building but limited to each of the building's two side walls.
(c)
Maximum building coverage: 25% of the total lot area.
(d)
Maximum lot coverage, including buildings and impervious material but excluding the water surface area of any swimming pool/pond: 40% of the total lot area.
(e)
Floor area ratio. Not more than 35% for the first 7,500 square feet, and a additional 17.5% for lot square footage between 7,500 and 15,000 square feet. There shall be no additional floor area ratio permitted for lot area above 15,000 square feet.
(f)
Height allowances shall be in accordance with Building Height Diagram A or B.[10]
[10]
Editor's Note: Said diagrams are included as attachments to this chapter.
(g)
The wall length along any side yard must be in accordance with the restrictions shown in Diagram C.[11]
[11]
Editor's Note: Said diagram is included as an attachment to this chapter.
F.
A-1 Garden Apartment and Residential.
(1)
Permitted uses shall be as follows:
(a)
All uses permitted in the R-4 Zone, and R-5 Zone, including accessory uses. If a single-family home, the bulk requirements of the R-4 Zone are to be met and not those of the A-1 Zone. If a two-family home, the bulk requirements of the R-5 Zone are to be met and not those of the A-1 Zone.
(b)
Garden apartment buildings housing four or more dwelling units.
(4)
Bulk requirements and setbacks.
(a)
The minimum yard requirements of a principal building are as follows:
(b)
Maximum building coverage: 25% of the total lot area.
(c)
Maximum lot coverage, including buildings and impervious material but excluding the water surface area of any swimming pool/pond: 40% of the total lot area.
(d)
Floor area ratio: no more than 35%.
G.
B-1 Business.
(1)
Permitted uses shall be as follows:
(a)
Business, professional and governmental office, including parking accessory thereto.
(b)
Retail stores, or mercantile stores, excluding auction galleries and automotive sales or service establishments.
(c)
Dancing, music and art instruction studios.
(d)
Radio and television repair, locksmiths, watch, clock and jewelry repair, upholstery and furniture repair and other similar service establishments furnishing services other than of a personal nature, but not including gasoline filling stations and other automotive services.
(e)
Residential units in other than the ground floor are permitted, provided that they are efficiency apartments.
(f)
Restaurants requiring a minor application, as defined in this section, are a permitted use. Anyone seeking to establish a restaurant under a minor application must comply with the following. All review and permitting shall be done by the Construction Official or his/her designee.
[1]
A minor application for a restaurant may be filed when the proposed restaurant is an existing establishment with a seating area of 500 square feet or less and 30 seats or less.
[3]
A restaurant establishment must provide an area for refuse storage. Such refuse storage area shall be located in the rear of the building, shall be screened on four sides, and shall be at least five feet from the property line of an adjacent commercial use property and at least 10 feet from the property line of an adjacent residential use property.
[4]
The restaurant shall provide adequate access facilities for pedestrian traffic from public sidewalks, so as to assure safety and to avoid congestion on public sidewalks. If the restaurant provides parking for patrons, this provision shall apply to vehicular access as well as pedestrian access.
[5]
All entrances and exits shall be clearly visible from the street and sidewalk.
[6]
An adequate loading and servicing area shall be provided and shall not interfere with traffic circulation.
[7]
The restaurant establishment shall comply with all applicable building and fire codes.
[9]
The minor application for a restaurant shall include the following:
[a]
A site plan/floor plan with a professional type drawing that does not need to be certified by a licensed professional engineer or architect. The site plan/floor plan must be to scale, detailing the dimensions and location of all tables, seats, isles, means of egress, cooking, sanitary and ADA compliant facilities and all requirements of this chapter. When adequate on-site space is available for the exclusive use of an applicant, the applicant shall provide one off-street parking space for every 2 1/2 seats. No interior seating may be installed prior to final approval from the Construction Official or his/her designee.
[10]
The above shall not prohibit a restaurant from permitting customers to supply their own wine or beer in an indoor restaurant subject to ABC regulations.
(2)
Restaurants requiring a major application, as defined in this section, are a conditional use. A major application must be filed when the proposed restaurant is a new structure, a consolidation of tenant spaces or a floor plan with a seating area of greater than 500 square feet.
(a)
A major application for a restaurant shall be accompanied by a site plan/floor plan drawn to scale and certified by a licensed professional engineer or architect, detailing the dimensions and location of all tables, seats, isles, means of egress, cooking, sanitary and ADA compliant facilities and all requirements of this chapter. When adequate on-site space is available for the exclusive use of an applicant, the applicant shall provide one off-street parking space for every 2 1/2 seats.
(b)
A restaurant permitted under this subsection, as well as permitted by the Outdoor Dining Ordinance is defined as a commercial establishment in which food and beverages are prepared and sold.
(c)
A restaurant establishment must provide an area for refuse storage. Such refuse storage area shall be located in the rear of the building, shall be screened on four sides, and shall be at least five feet from the property line of an adjacent commercial use property and at least 10 feet from the property line of an adjacent residential use property.
(d)
The restaurant shall provide adequate access facilities for pedestrian traffic from public sidewalks, so as to assure safety and to avoid congestion on public sidewalks. If the restaurant provides parking for patrons, this provision shall apply to vehicular access as well as pedestrian access.
(e)
All entrances and exits shall be clearly visible from the street and sidewalk.
(f)
An adequate loading and servicing area shall be provided and shall not interfere with traffic circulation.
(g)
The restaurant establishment shall comply with all applicable building and fire codes.
(i)
The above shall not prohibit a restaurant from permitting customers to supply their own wine or beer in an indoor restaurant subject to ABC regulations.
(4)
Lot dimensions.
(c)
Maximum building coverage: 40% of the total lot area.
(d)
Maximum lot coverage, including buildings and impervious material but excluding the water surface area of any swimming pool/pond: 85% of the total lot area, except that if all the parking is contained under the building, then the maximum lot coverage shall be 80% of the total lot area.
(e)
Floor area ratio: no more than 35%.
H.
B-2 Limited Business.
(2)
All other uses not set forth above are prohibited in this zone.
I.
B-3 Business and Apartment.
(3)
Lot dimensions.
(c)
Maximum building coverage: 40% of the total lot area.
(d)
Maximum lot coverage, including buildings and impervious material, but excluding the water surface area of any swimming pool/pond: 85% of the total lot area, except that if all the parking is contained under the building, then the maximum lot coverage shall be 80% of the total lot area.
(e)
Floor area ratio: no more than 35%.
(4)
Restaurants requiring a major application shall be a conditional use in the B3 Zone as set forth in § 240-6.5G(2).
J.
C-1 Commercial.
(1)
Permitted uses shall be as follows:
(a)
All the uses permitted as set forth in the B-1 Zone, B-2 Zone and B-3 Zone.
(b)
Research; wholesale storage and warehousing for a minimum of 30 days in fully enclosed buildings; garages for storage and servicing of motor vehicles which are owned and leased to the owner or operator who is doing the servicing, storing and garaging; and public utility consumer service centers. Self-storage facilities are specifically not permitted.
(2)
All other uses not set forth above are prohibited in this zone.
K.
CR Conservation/Recreation.
(1)
Permitted uses shall be as follows:
(a)
Watershed and reservoir.
(b)
Golf courses, outdoor tennis courts, outdoor skating rinks, hiking trails, public parks, playgrounds, emporiums and botanical gardens, bathing beaches, swimming pools, picnic areas, boating facilities and similar accessory, cultural and recreational uses, provided that the total coverage of buildings, parking lots and driveways does not exceed 10% of the total area. Paved golf cart driveways with a width of less than five feet shall not be considered as driveways. Only buildings necessary for the public accommodations of those engaging in the above permitted uses may be constructed in this zone.
(2)
All other uses not set forth above are prohibited in this zone. Any building or structure shall be limited to a height of 20 feet and may not contain more than one story.
(3)
Floor area ratio: no more than 33%.
L.
AHO Affordable Housing Overlay District.
(1)
Purpose. The purpose of the AHO Affordable Housing Overlay District is to create a realistic opportunity for the construction of low- and moderate-income housing in a suitable portion of the Borough of Oradell, and thereby help to address the fair share housing obligation of the Borough of Oradell under the New Jersey Fair Housing Act ("FHA"), applicable Council on Affordable Housing ("COAH") regulations, the settlement agreement entered into between the Borough and Fair Share Housing Center ("FSHC") on July 26, 2018, and the Borough's Housing Element and Fair Share Plan. The AHO Overlay District encourages the development of low- and moderate-income housing by allowing for inclusionary multifamily residential; however, developers shall also have the option of developing in accordance with the underlying CR Zone standards.
(2)
Permitted uses. The uses set forth below shall be permitted as a development alternative to the underlying zoned uses allowed by this chapter, but shall not replace the underlying CR Zone District. The principal permitted uses in the AHO Overlay Zoning District are as follows:
(3)
(4)
Affordable housing.
(a)
All residential development, including multifamily and townhouse developments, constructed in the AHO Overlay Zoning District shall be required to set aside a minimum percentage of units for affordable housing. Where units will be for sale, the minimum set-aside shall be 20%. Where units will be for rent, the minimum set-aside shall be 15%. When calculating the required number of affordable units, any computation resulting in a fraction of a unit shall be rounded upwards to the next whole number.
(b)
All affordable units to be produced pursuant to this section shall comply with the Borough's Affordable Housing Ordinance at Chapter 61 of the Borough Code, as may be amended and supplemented, the Uniform Housing Affordability Controls ("UHAC")(N.J.A.C. 5:80-26.1 et seq.), or any successor regulation, and the Borough's Housing Element and Fair Share Plan, as may be amended from time to time. This includes, but is not limited to, the following requirements for all affordable units:
[1]
Low/Moderate-income split. A maximum of 50% of the affordable units shall be moderate-income units and a minimum of 50% of the affordable units shall be low-income units. At least 13% of all affordable units within each bedroom distribution shall be very-low-income units, which shall be counted as part of the required number of low-income units within the development.
[2]
Bedroom Mix: If the development is not age-restricted, the following bedroom mix shall apply:
[a]
The combined number of efficiency and one-bedroom units shall be no greater than 20% of the total low- and moderate-income units;
[b]
At least 30% of all low- and moderate-income units shall be two-bedroom units;
[c]
At least 20% of all low- and moderate-income units shall be three-bedroom units; and
[d]
The remaining units may be allocated among two- and three-bedroom units at the discretion of the developer.
[3]
Deed restriction period: All affordable units shall be subject to affordability controls for a period of at least 30 years from initial occupancy and deed restrictions as provided for by UHAC, and the affordability controls shall remain unless and until the Borough, in its sole discretion, takes action to extend or release the affordable units from such controls pursuant to UHAC and applicable law.
[4]
Administrative Agent: All affordable units shall be administered by a qualified Administrative Agent paid for by the developer.
[5]
Other affordable housing unit requirements. Developers shall also comply with all of the other requirements of the Borough's Affordable Housing Ordinance, including, but not limited to, 1) affirmative marketing requirements, 2) candidate qualification and screening requirements, 3) integrating the affordable units amongst the market rate units, and 4) unit phasing requirements. Developers shall ensure that the affordable units are dispersed between all of the buildings on its site, and shall identify the exact location of each affordable unit at the time of site plan application.
(5)
Area and bulk requirements. The area and bulk requirements for the uses allowed in the AHO Overlay Zoning District are set forth below. The bulk regulations of the underlying zoning district shall remain in full force and effect for development devoted exclusively to underlying zoning district permitted uses.
(a)
Lot area. There shall be a minimum lot area of 50 acres.
(b)
Density. There shall be a maximum gross density of six dwelling units per acre.
(d)
Height. No building shall exceed a height of 35 feet.
(e)
Building coverage. The total ground floor area of all principal and accessory building shall not exceed 40% of the lot area.
(6)
Development standards.
(a)
Building requirements.
[1]
Building Design. In order to provide attractiveness, identity and individuality to dwelling units, buildings and complexes of buildings within the entire zone and to avoid the monotonous repetition of design elements and its undesirable visual effects, the following design standards shall be utilized:
[a]
Consistency among building materials and colors with the Borough's existing residential, historical and architectural characteristics.
[b]
Harmonious relationship with other onsite features and buildings.
[c]
Varying dwelling unit widths, staggering dwelling unit setbacks and altering building heights and rooflines;
[d]
No more than 30 feet of front or rear building wall permitted without providing a break in the facade of an acceptable method of articulation.
[e]
Buildings with expansive blank walls on any facade are discouraged. Side and rear elevations should receive architectural treatments comparable to front facades.
[f]
Varying architectural embellishments to roofs between dwelling units, buildings or complexes of buildings including roof elements such as dormers, belvederes, masonry chimneys and similar elements, provided that such are architecturally compatible with the style, materials, colors and details of the building;
[g]
Varying decorative and architectural features at entrances, cornices, windows and articulation between dwelling units, buildings or complexes of buildings, provided that such are architecturally compatible with the style, materials, colors and details of the building.
[h]
Complementary building colors and materials to be consistent with the general theme of the development.
[i]
Strategically placed windows, doors, porches and columns with consideration of human scale.
[j]
Exterior-mounted mechanical and electrical equipment exposed to the public view shall be architecturally screened. Roof-mounted equipment and projections should be painted the same color as the roof and, where possible, located to the rear of the building, away from the public view.
[k]
Building construction shall utilize green building or sustainable building methods to the extent practicable to reduce the operating and maintenance costs of low- and moderate-income households.
[2]
Distance between buildings. There shall be a minimum distance between principal structures of 50 feet, except that where a side wall of one principal structure faces a side wall of another dwelling structure, there shall be a minimum distance of 25 feet; provided, however, that if an access drive is located between principal structures, the minimum distance shall be 50 feet.
[3]
Construction. The outside walls of all buildings shall be of fire-resistant material, such as brick, stone or masonry, as approved by the Planning Board. Interior walls separating dwelling units shall also be constructed with fire resistant material.
(b)
Dwelling unit requirements.
[1]
Minimum floor area. Each dwelling unit shall have a minimum floor area of 500 square feet plus 150 square feet for each habitable room exclusive of living room, dining room or dinette, kitchen and bathrooms.
[2]
Each dwelling unit shall have at least two exterior exposures with at least one window in each exposure.
[3]
Floors and ceilings and partitions between dwelling units shall be constructed so as to have a minimum airborne sound transmission loss classification of 50 decibels. The Planning Board shall ascertain that reasonable measures are taken in floor and ceiling construction to avoid disturbing levels of impact sound.
(c)
Accessory building requirements.
[1]
Height. The maximum height of any accessory structure shall be 15 feet.
[2]
Setbacks. Accessory buildings shall meet the minimum lot line setback of the principal building and shall be at least 25 feet from a principal building and 15 feet from any other accessory building.
[3]
Design. Architectural design and materials used in the construction of garages and other accessory structures shall conform to the design and materials used in the construction of the principal buildings.
(7)
Off-street parking.
(a)
The minimum number of off-street parking spaces for multifamily residential housing shall be as set forth in the Residential Site Improvement Standards (N.J.A.C. 5:21).
(b)
There shall be no below grade or underground parking permitted in the AHO Overlay Zoning District, except that private garages are permitted within townhouse dwelling units.
(c)
All parking areas shall be designed in accordance with the applicable provisions of Article VI of this chapter.
(d)
Adequate fire and emergency access must be provided subject to the Borough of Oradell's Fire Department.
(e)
On-site parking shall not be provided for any use or to any party other than a resident or visitor of the site, nor shall parking areas be used for any purpose other than parking.
(f)
Signage shall be provided where parking spaces are to be reserved for residents. Visitor parking shall be signed and painted for each space designated for such a purpose.
(g)
Adequate parking facilities for accessibility to people with mobility impairments shall be provided as required by the Americans with Disabilities Act (ADA).
(8)
Open Space, landscaping, and buffers.
(a)
At least 20% of the gross site area shall be devoted to open space for passive or active recreation, or conservation.
(b)
There shall be a comprehensive landscape plan prepared by a certified landscape architect which shall detail the location, type, size and any planting note for the proposed landscape materials. This plan shall be subject to the approval of the Planning Board.
(c)
A landscape buffer shall be provided where a multifamily or townhouse development abuts a single-family residential zone. The buffer shall be a minimum of 50 feet in width, as measured from the property line. The buffer shall provide a year-round visual screen and minimize adverse impacts from the site on adjacent properties. Buffers shall consist of natural vegetation to the greatest extent practical, and may consist of fences, planting, berms, mounds, or combinations thereof to achieve the stated objectives as approved by the Board.
(d)
Within any buffer areas, walkways, underground linear utilities and site access drives shall only be permitted to cross said buffers, provided their placement is designed to minimize land disturbance within the buffer. Above- or below-ground stormwater detention systems are not permitted within required buffer areas. Access drives shall cross buffer areas at a right angle or as close to a right angle as is practical to minimize land disturbance.
(9)
Lighting.
(a)
Adequate lighting shall be provided for all parking areas and pedestrian walkways.
(b)
All outdoor lighting, including street lamps and accent lighting, should comply with dark sky standards intended to reduce light pollution. Dark sky standards require that lighting is downcast, illuminates only the intended areas, and does not cause disabling glare that affects driver safety and reduces the visibility of starry night skies.
(c)
Lighting for a building must be contained on the property on which the building is located.
(d)
LED lighting shall be permitted in addition to all of the conditions of the land use ordinance standards for lighting.
(10)
Miscellaneous.
(a)
Television antennas or dishes shall be limited to one master antenna. Multiple antennas or dishes may be installed on the rooftop provided they are not visible from the street level.
(b)
Through-wall air-conditioning units that project beyond the building wall are not permitted.
(c)
Laundry facilities may be provided in each building. Outside clothes drying is prohibited.
(d)
All trash and recyclables shall be stored in covered containers. They may be stored within or outside the building. If the materials are stored outside, they must be kept in a permanent enclosure with a latching gate in a centrally located, concealed area approved by the Planning Board.
(e)
Amenities restricted to the use of the residents and their guests are permitted subject to all applicable local and state requirements.
(f)
Buildings containing dwelling units located above the second story and requiring a second means of egress pursuant to the Uniform Construction Code shall not utilize an attached external fire escape as one of the required means of egress.
(g)
Internal walkways shall be required to provide a pedestrian connection to any site development amenities, such as a clubhouse, recreational facilities, pools, etc.
(h)
Internal walkways shall be a minimum of four feet wide and shall be designed to comply with the requirements of the Americans with Disabilities Act (ADA).
(11)
Bicycle parking requirements.
(a)
A designated area within the development shall be provided for bicycle parking. The area can be permitted inside the buildings or outside in a protected area. Parking shall be provided in such a way that allows for a bicycle to be properly secured, via a bicycle rack or locker.
(b)
A minimum of one bike parking space per 10 units shall be required.
M.
CBD Central Business District Overlay Zone.
(1)
Purpose. The purpose of the CBD Central Business District Overlay Zone is to create a realistic opportunity for the construction of low- and moderate-income housing in a suitable portion of the Borough of Oradell, and thereby help to address the fair share housing obligation of the Borough of Oradell under the New Jersey Fair Housing Act ("FHA"),[13] applicable Council on Affordable Housing ("COAH") regulations, the settlement agreement entered into between the Borough and Fair Share Housing Center ("FSHC") on July 26, 2018, and the Borough's Housing Element and Fair Share Plan. The CBD Overlay Zone encourages the development of low- and moderate-income housing by allowing for inclusionary multifamily residential above the ground floor; however, developers shall also have the option of developing in accordance with the underlying B-1 Zone standards.
[13]
Editor's Note: See N.J.S.A. 52:27D-301 et seq.
(2)
Permitted uses. The uses permitted in the Central Business District Overlay Zone shall be identical to those uses permitted in the B-1 Business Zone as set forth at § 240-6.5G; provided, however, that any developer that elects to develop in accordance with the Central Business District Overlay Zone standards as set forth hereinbelow shall be required to provide multifamily dwellings above the first floor of all buildings. Multifamily dwellings constructed in accordance with the CBD Overlay Zone standards shall not be limited to efficiency apartments, as is the case in the underlying B-1 Zone.
(3)
Affordable housing.
(a)
All developments constructed in accordance with the CBD Overlay Zone standards shall be required to set aside a minimum percentage of the required multifamily dwelling units for affordable housing. Where units will be for sale, the minimum set-aside shall be 20%. Where units will be for rent, the minimum set-aside shall be 15%. When calculating the required number of affordable units, any computation resulting in a fraction of a unit shall be rounded upwards to the next whole number.
(b)
All affordable units to be produced pursuant to this section shall comply with the Borough's Affordable Housing Ordinance at Chapter 61 of the Borough Code, as may be amended and supplemented, the Uniform Housing Affordability Controls ("UHAC") (N.J.A.C. 5:80-26.1 et seq.), or any successor regulation, and the Borough's Housing Element and Fair Share Plan, as may be amended from time to time. This includes, but is not limited to, the following requirements for all affordable units:
[1]
Low/moderate income split. A maximum of 50% of the affordable units shall be moderate-income units and a minimum of 50% of the affordable units shall be low-income units. At least 13% of all restricted rental units shall be very-low-income units, which shall be counted as part of the required number of low-income units within the development.
[2]
Bedroom mix. If the development is not age-restricted, the following bedroom mix shall apply:
[a]
The combined number of efficiency and one-bedroom units shall be no greater than 20% of the total low- and moderate-income units;
[b]
At least 30% of all low- and moderate-income units shall be two-bedroom units;
[c]
At least 20% of all low- and moderate-income units shall be three-bedroom units; and
[d]
The remaining units may be allocated among two- and three-bedroom units at the discretion of the developer.
[3]
Deed-restriction period. All affordable units shall be deed restricted for a period of 30 years from the date of the initial occupancy of each affordable unit (the "deed-restriction period"). The affordability controls shall expire only after they are properly released by the Borough and/or the Borough's Administrative Agent at the Borough's sole option in accordance with N.J.A.C. 5:80-26.11 for rental units or N.J.A.C. 5:80-26.5 for for-sale units.
[4]
Administrative Agent. All affordable units shall be administered by a qualified Administrative Agent paid for by the developer.
[5]
Other affordable housing unit requirements.
[a]
Developers shall also comply with all of the other requirements of the Borough's Affordable Housing Ordinance, including, but not limited to:
[b]
Developers shall ensure that the affordable units are dispersed between all of the buildings on its site, and shall identify the exact location of each affordable unit at the time of site plan application.
(4)
Area and bulk requirements. The area and bulk requirements for developers electing to build in accordance with the CBD Overlay Zone standards are set forth below. For developers not electing to build in accordance with the CBD Overlay Zone standards, the area and bulk regulations of the underlying B-1 Zone at § 240-6.5G shall remain in full force and effect.
(b)
The minimum yard requirements of a principal building are as follows:
[1]
Front yard setback: 15 feet, provided that if the buildings on both sides of the subject property are located closer to the street than 15 feet, then the building shall conform to the existing established front yard setback line of the buildings located on each side of the subject property. In the event that the front yard setback on each side of the subject property is not the same distance from the center line of the abutting street in question, then the reviewing board, as part of site plan review, shall determine the required setback line for the subject property, which shall not be less than the setback of the abutting property that is closest to the street right-of-way line nor greater than the setback of the abutting property that is farthest from the street right-of-way line.
[2]
The rear yard shall be used to meet the parking requirements of this chapter, but shall in no event be less than 10 feet.
[3]
Side yard setback. The minimum side yard shall be 10 feet; the minimum total of both side yards shall be 25 feet.
(c)
Maximum building coverage: 40% of the total lot area.
(d)
Maximum lot coverage, including buildings and impervious material but excluding the water surface area of any swimming pool/pond: 85% of the total lot area, except that if all the parking is contained under the building, then the maximum lot coverage shall be 80% of the total lot area.
(e)
Height allowances are as follows:
[1]
Building height shall be limited to two stories of residential over one story of commercial on the west side of Kinderkamack Road and on the east side of Kinderkamack Road north of Oradell Avenue, up to a maximum height of 35 feet.
[2]
Building height shall be limited to one story of residential over one story of commercial on the east side of Kinderkamack Road south of Oradell Avenue, up to a maximum height of 35 feet.
(5)
Other requirements. The following additional requirements shall be complied with for developers electing to build in accordance with the CBD Overlay Zone standards.
(a)
Dwelling units shall only be located above the ground floor, except that ground-floor areas used for access to such uses shall be permitted.
(b)
Any dwelling unit shall contain a minimum habitable floor area of 600 square feet.
(c)
The gross floor area devoted to residential use, including hallways and other common areas accessory to the residential use, shall not exceed 2/3 of the total gross floor area of the building within which the residential use is located.
N.
AH-1 Affordable Housing 1 Residential Zone.
(1)
Purpose. The purpose of the AH-1 Affordable Housing 1 Residential Zone is to create an opportunity for the construction of low- and moderate-income housing in the Borough of Oradell and thereby address the fair share housing obligation of the Borough of Oradell under the New Jersey Fair Housing Act.[14] This AH-1 Zone shall be additionally regulated by the Borough of Oradell Affordable Housing Ordinance.[15]
(2)
Permitted uses. The principal permitted uses in the AH-1 Residential Zone are as follows:
(a)
Multifamily development.
(3)
(4)
Affordable housing.
(a)
All multifamily residential developments constructed in the AH-1 Residential Zone District shall be required to set aside a minimum percentage of units for affordable housing. The minimum set-aside shall be 15% which shall be provided as rental affordable units. When calculating the required number of affordable units, any computation resulting in a fraction of a unit shall be rounded upwards to the next whole number.
(b)
All affordable units to be produced pursuant to this section shall comply with the Borough's Affordable Housing Ordinance at Chapter 61 of the Borough Code, as may be amended and supplemented, the Uniform Housing Affordability Controls ("UHAC")(N.J.A.C. 5:80-26.1 et seq.), or any successor regulation, and the Borough's Housing Element and Fair Share Plan, as may be amended from time to time. This includes, but is not limited to, the following requirements for all affordable units:
[1]
Low/moderate income split. A maximum of 50% of the affordable units shall be moderate-income units and a minimum of 50% of the affordable units shall be low-income units. At least 13% of all restricted rental units shall be very-low-income units, which shall be counted as part of the required number of low-income units within the development.
[2]
Bedroom mix. If the development is not age-restricted, the following bedroom mix shall apply:
[a]
The combined number of efficiency and one-bedroom units shall be no greater than 20% of the total low- and moderate-income units;
[b]
At least 30% of all low- and moderate-income units shall be two-bedroom units;
[c]
At least 20% of all low- and moderate-income units shall be three-bedroom units; and
[d]
The remaining units may be allocated among two- and three-bedroom units at the discretion of the developer.
[3]
Deed-restriction period. All affordable units shall be deed restricted for a period of 30 years from the date of the initial occupancy of each affordable unit (the "deed-restriction period"). The affordability controls shall expire only after they are properly released by the Borough and/or the Borough's Administrative Agent at the Borough's sole option in accordance with N.J.A.C. 5:80-26.11 for rental units or N.J.A.C. 5:80-26.5 for for-sale units..
[4]
Administrative Agent. All affordable units shall be administered by a qualified Administrative Agent paid for by the developer.
[5]
Other affordable housing unit requirements.
[a]
Developers shall also comply with all the other requirements of the Borough's Affordable Housing Ordinance, including, but not limited to:
[b]
Developers shall ensure that the affordable units are dispersed between all of the buildings on its site, and shall identify the exact location of each affordable unit at the time of site plan application.
(5)
Area and bulk requirements. The area and bulk requirements for the uses allowed in the AH-1 Residential Zone are set forth below:
(a)
Lot area. There shall be a minimum lot area of 1.5 acres.
(b)
Lot width. There shall be a minimum lot width of 75 feet.
(c)
Density. There shall be a maximum gross density of eight dwelling units per acre.
(e)
Height. No building shall exceed a height of 25 feet or two stories.
(f)
Building coverage. There shall be a maximum building coverage of 25%.
(g)
Lot coverage. There shall be a maximum lot coverage of 50%.
(6)
Development standards.
(a)
Building requirements.
[1]
Building design. In order to provide attractiveness, identity and individuality to dwelling units, buildings and complexes of buildings within the entire zone and to avoid the monotonous repetition of design elements and its undesirable visual effects, the following design standards shall be utilized:
[a]
Consistency among building materials and colors with the Borough's existing residential, historical and architectural characteristics.
[b]
Harmonious relationship with other on-site features and buildings.
[c]
Varying dwelling unit widths, staggering dwelling unit setbacks and altering building heights and rooflines.
[d]
No more than 30 feet of front or rear building wall permitted without providing a break in the facade of an acceptable method of articulation.
[e]
Buildings with expansive blank walls on any facade are discouraged. Side and rear elevations should receive architectural treatments comparable to front facades.
[f]
Varying architectural embellishments to roofs between dwelling units, buildings or complexes of buildings, including roof elements such as dormers, belvederes, masonry chimneys and similar elements, provided that such are architecturally compatible with the style, materials, colors and details of the building.
[g]
Varying decorative and architectural features at entrances, cornices, windows and articulation between dwelling units, buildings or complexes of buildings, provided that such are architecturally compatible with the style, materials, colors and details of the building.
[h]
Complimentary building colors and materials to be consistent with the general theme of the development.
[i]
Strategically placed windows, doors, porches and columns with consideration of human scale.
[j]
Exterior-mounted mechanical and electrical equipment exposed to the public view shall be architecturally screened. Roof-mounted equipment and projections should be painted the same color as the roof and, where possible, located to the rear of the building, away from the public view.
[k]
Building construction shall utilize green building or sustainable building methods to the extent practicable to reduce the operating and maintenance costs of low- and moderate-income households.
[2]
Construction. The outside walls of a building shall be of fire-resistant material, such as brick, stone or masonry, as approved by the Planning Board. Interior walls separating dwelling units shall also be constructed with fire-resistant material.
(b)
Dwelling unit requirements.
[1]
Minimum floor area. Each dwelling unit shall have a minimum floor area of 600 square feet.
[2]
Each dwelling unit shall have at least two exterior exposures with at least one window in each exposure.
[3]
Floors and ceilings and partitions between dwelling units shall be constructed so as to have a minimum airborne sound transmission loss classification of 50 decibels. The Planning Board shall ascertain that reasonable measures are taken in floor and ceiling construction to avoid disturbing levels of sound impact.
(7)
Off-street parking.
(a)
The minimum number of off-street parking spaces for multifamily residential housing shall be as set forth in the Residential Site Improvement Standards (N.J.A.C. 5:21).
(b)
All parking areas shall be designed in accordance with the applicable provisions of Article VI of this chapter.
(c)
Adequate fire and emergency access must be provided subject to the Borough of Oradell Fire Department.
(d)
On-site parking shall not be provided for any use or to any party other than a resident or visitor of the site, nor shall parking areas be used for any purpose other than parking.
(e)
Signage shall be provided where parking spaces are to be reserved for residents. Visitor parking shall be signed and painted for each space designated for such a purpose.
(8)
Landscaping and open space.
(a)
At least 20% of the gross site area shall be devoted to open space for passive or active recreation, or conservation.
(b)
There shall be a comprehensive landscape plan prepared by a New Jersey-licensed landscape architect which shall detail the location, type, size and any planting note for the proposed landscape materials. This plan shall be subject to the approval of the Planning Board.
(c)
A landscape buffer shall be provided where a multifamily development abuts a single-family residential zone. The buffer shall be a minimum of 20 feet in width, as measured from the property line. The buffer shall provide a year-round visual screen and minimize adverse impacts from the site on adjacent properties. Buffers shall consist of natural vegetation to the greatest extent practical, and may consist of fences, planting, berms, mounds, or combinations thereof to achieve the stated.
(d)
No use or structure, including parking or loading areas, shall be permitted within the required buffer area, but the Planning Board may, upon a finding of reasons thereof, permit a portion of a buffer area to be used for walkways, underground linear utilities and site access drives, and the Board may also permit a portion of a buffer area to be used for stormwater detention or retention basins, provided that the basin is designed as a landscaping feature, and further provided that the landscaping plan for the buffer area is determined by the Planning Board to meet the objective of the buffer area.
(9)
Lighting.
(a)
Adequate lighting shall be provided for all common areas and pedestrian walkways.
(b)
All outdoor lighting, including streetlamps and accent lighting, should comply with dark sky standards intended to reduce light pollution. Dark sky standards require that lighting is downcast, illuminates only the intended areas, and does not cause disabling glare that affects driver safety and reduces the visibility of starry night skies.
(c)
Lighting for the development must be contained on the property on which the development is located.
(d)
LED lighting shall be permitted in addition to all of the conditions of the land use ordinance standards for lighting.
(10)
Miscellaneous.
(a)
Television connections shall be provided for each unit. Television antennas shall be limited to one master antenna per building.
(b)
Through-wall air-conditioning units that project beyond the building wall are not permitted.
(c)
All trash and garbage shall be stored at all times in airtight covered containers which shall be kept in a centrally located, concealed area. They may be stored in private garages or outside of buildings. If the materials are stored outside, they must be kept in a permanent enclosure with a latching gate in a centrally located, concealed area approved by the Planning Board.
(d)
Amenities restricted to the use of the residents and their guests are permitted subject to all applicable local and state requirements.
(e)
Swimming pools, restricted to the use of tenants, are permitted subject to all applicable local and state requirements.
(f)
Internal walkways shall be provided to provide a pedestrian connection to any site development amenities, such as a clubhouse, recreational facilities, pools, etc.
O.
AH-2 Affordable Housing 2 Residential Zone.
(1)
Purpose. The purpose of the AH-2 Affordable Housing 2 Residential Zone is to create an opportunity for the construction of low- and moderate-income housing in the Borough of Oradell and thereby address the fair share housing obligation of the Borough of Oradell under the New Jersey Fair Housing Act.[18] This AH-2 Zone shall be additionally regulated by the Borough of Oradell Affordable Housing Ordinance.[19]
(3)
(4)
Affordable housing.
(a)
All multifamily residential developments (including townhouse developments) constructed in the AH-2 Residential Zone District shall be required to set aside a minimum percentage of units for affordable housing. Where units will be for sale, the minimum set-aside shall be 20%. Where units will be for rent, the minimum set-aside shall be 15%. When calculating the required number of affordable units, any computation resulting in a fraction of a unit shall be rounded upwards to the next whole number.
(b)
All affordable units to be produced pursuant to this section shall comply with the Borough's Affordable Housing Ordinance at Chapter 61 of the Borough Code, as may be amended and supplemented, the Uniform Housing Affordability Controls ("UHAC")(N.J.A.C. 5:80-26.1 et seq.), or any successor regulation, and the Borough's Housing Element and Fair Share Plan, as may be amended from time to time. This includes, but is not limited to, the following requirements for all affordable units:
[1]
Low/moderate income split. A maximum of 50% of the affordable units shall be moderate-income units and a minimum of 50% of the affordable units shall be low-income units. At least 13% of all restricted rental units shall be very-low-income units, which shall be counted as part of the required number of low-income units within the development.
[2]
Bedroom mix. If the development is not age-restricted, the following bedroom mix shall apply:
[a]
The combined number of efficiency and one-bedroom units shall be no greater than 20% of the total low- and moderate-income units;
[b]
At least 30% of all low- and moderate-income units shall be two-bedroom units;
[c]
At least 20% of all low- and moderate-income units shall be three-bedroom units; and
[d]
The remaining units may be allocated among two- and three-bedroom units at the discretion of the developer.
[3]
Deed-restriction period. All affordable units shall be deed restricted for a period of 30 years from the date of the initial occupancy of each affordable unit (the "deed-restriction period"). The affordability controls shall expire only after they are properly released by the Borough and/or the Borough's Administrative Agent at the Borough's sole option in accordance with N.J.A.C. 5:80-26.11 for rental units or N.J.A.C. 5:80-26.5 for for-sale units..
[4]
Administrative Agent. All affordable units shall be administered by a qualified Administrative Agent paid for by the developer.
[5]
Other affordable housing unit requirements.
[a]
Developers shall also comply with all the other requirements of the Borough's Affordable Housing Ordinance, including, but not limited to:
[b]
Developers shall ensure that the affordable units are dispersed between all of the buildings on its site, and shall identify the exact location of each affordable unit at the time of site plan application.
(5)
Area and bulk requirements. The area and bulk requirements for the uses allowed in the AH-2 Residential Zone are set forth below:
(a)
Lot area. There shall be a minimum lot area of 0.5 acre.
(b)
Lot width. There shall be a minimum lot width of 75 feet.
(c)
Density. There shall be a maximum gross density of eight dwelling units per acre.
(e)
Height. No building shall exceed a height of 25 feet or two stories.
(f)
Building coverage. There shall be a maximum building coverage of 25%.
(g)
Lot coverage. There shall be a maximum lot coverage of 50%.
(6)
Development standards.
(a)
The development standards for the uses allowed in the AH-2 Residential Zone shall be identical to those set forth for the AH-1 Residential Zone at § 240-6.5N(6) through (10) of the Borough Code.
(b)
In addition, the following development standards shall apply in the AH-2 Residential Zone.
[1]
Location of building. Dwelling units, buildings and their front facades shall be oriented towards the public and/or private roadway. Primary dwelling unit entrances shall be located on the front facade of any structure that is oriented towards the public and/or private roadway. Where the dwelling unit or building does not front a public and/or private roadway, it shall be oriented towards interior open spaces. All units and buildings shall be oriented away from parking lots.
[2]
Distance between buildings. There shall be a minimum distance of 25 feet between principal structures. If an access drive is located between principal structures, the minimum distance between the structures shall be 35 feet.
P.
R-2A One-Family Residential.
(1)
Purpose: The purpose of the R-2A One-Family Residential Zone is to implement the Settlement Agreement executed on January 26, 2021, between White Beeches Golf & Country Club and the Borough of Oradell. As a result of the Settlement Agreement, Block 1401, Lot 1.02 is permitted to be improved with single-family residential dwellings. The Settlement Agreement stipulates that the applicable bulk regulations for Block 1401, Lot 1.02 shall be the R-2 bulk regulations with the exception of lot width.
(2)
All uses permitted in the R-1 Zone, including accessory uses, are permitted in this zone.
(5)
The minimum yard requirements of a principal building shall be the same as the R-2 Zone requirements.
(6)
The maximum building coverage shall be the same as the maximum permitted in the R-2 Zone.
(7)
The maximum lot coverage shall be the same as the maximum lot coverage requirements in the R-2 Zone.
(8)
The floor area ratio requirements shall be the same as the R-2 Zone Floor Area Ratio requirements.
(9)
The height allowances shall be the same as the permitted height allowances in the R-2 Zone.
(10)
The requirements for wall length along any side yard shall be the same requirements as in the R-2 Zone.
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
§ 240-6.6 Off-street parking.
Except if specifically stated to the contrary elsewhere in this chapter, all parking required under this chapter shall be off-street, and off-street parking shall comply with the requirements set forth below as well as the New Jersey Residential Site Improvement Standards (RSIS):
A.
In the A-1 Zone, B-1 Zone, B-2 Zone, B-3 Zone, MX Zone and C-1 Zone, parking shall be behind the rear building line.
(1)
Off-street parking areas shall adhere to the pavement specifications for Borough streets, except those parking areas provided in connection with single-family and two-family dwellings. All parking lots shall have the car spaces clearly marked.
(2)
Off-street parking spaces shall be no less than nine feet by 18 feet. However, if the parking lot provides more than 10 parking spaces, then 30% of the parking spaces may be designed for compact cars. A parking space for a compact car shall be no less than eight feet by 16 feet. Access aisles shall be no less than 20 feet in width for angle parking greater than 60°. For angle parking less than 60°, a fifteen-foot width aisle shall be provided.
(3)
All parking areas shall be adequately drained. Curbing shall be provided so that vehicles cannot drive onto unpaved areas.
(4)
All ingress and egress roads from the property line to the parking area shall be at least 16 feet wide if one-way, and 20 feet wide if two-way. Any curves in access roads shall have a minimum radius of 20 feet.
(5)
Any lighting used to illuminate any off-street parking area shall be so arranged as to reflect the light away from any other premises and shall conform to any existing Borough lighting ordinances.
(6)
All off-street parking areas designed to accommodate five or more vehicles shall be approved by the approving board with respect to traffic circulation and the location of parking spaces. All such parking areas shall be painted with lines indicating traffic flow and parking spaces.
(7)
All parking areas shall be maintained so that the parking spaces are clearly and easily recognized. Restriping of the parking spaces so that the configuration or location of the spaces is altered shall only be allowed if prior approval is obtained from the approving board.
(8)
Time of provision. All minimum requirements for off-street parking shall be met at the time of construction or enlargement or change of use of any main building or structure.
(9)
No more than 10 parking spaces in a row shall be permitted. An open space, which shall be a minimum of five feet in width and landscaped as required by the approving board, shall separate a row of 10 parking spaces from the next parking space.
(10)
Any commercial or recreational vehicle, as defined in this chapter, which is not registered and owned by an occupant of the building, is prohibited from outside parking at that lot between the hours of 7:00 p.m. and 7:00 a.m. and anytime on Saturday and Sunday. The only exception to this parking limitation is an automobile service or repair center. Such vehicles may be parked during these prohibited hours at these lots, but such exception shall be limited for any specific vehicle to a total of 14 calendars days for any calendar year. At these locations, while parking during these prohibited hours and under this exception, the vehicle must be parked behind the existing front building line. No vehicles currently violating this subsection are permitted to continue this violation.
B.
In regard to one- and two-family structures, the parking for said structures shall be in accordance with those required for one- and two-family homes under this section, without regard to which zone the one- or two-family premises are located. Driveways located in the front yard shall be no greater than 20 feet in width and two feet from the property line. Vehicles shall not be parked within the Borough right-of-way.
C.
The following number of parking spaces shall be the minimum number of off-street parking spaces provided for each structure which is used in the indicated manner. In the event that a use is changed to one with a greater off-street parking requirement, then the greater requirement shall apply for that changed use.
(1)
For a one-family dwelling structure, there shall be provided a minimum of two spaces of off-street parking.
(2)
For a two-family dwelling structure, there shall be provided a minimum of four spaces of off-street parking.
(3)
For an apartment dwelling structure, there shall be provided a minimum of two spaces of off-street parking for each dwelling unit.
(4)
For a general office building and a business or commercial use structure, there shall be provided a minimum of one space of off-street parking for each 250 square feet of interior building space.
(5)
For a business or office and residential mixed-use structure, there shall be provided a minimum of two spaces of off-street parking for each dwelling unit, plus one space of off-street parking for each employee, plus one space of off-street parking for each 250 square feet of interior business or office space. The total number of spaces shall be determined by the approving board.
(6)
For a structure used for a medical or health-related purpose, there shall be provided a minimum of one off-street parking space for each 180 square feet of interior building space.
D.
No more than four passenger vehicles per one-family house or two-family house, as defined in this chapter, shall be parked outside on the property anytime between the hours of 7:00 p.m. and 7:00 a.m. The Police Department may grant verbal exceptions from this regulation for a maximum seventy-two-hour period.
E.
Any volunteer emergency vehicle (fire department, police department, and ambulance) shall be exempt from the above requirements while the vehicle is assigned to an occupant for standby or on-alert duty exclusively for Oradell residents.
§ 240-6.8 Parking of commercial vehicles in residential areas.
A.
Commercial vehicles, as defined in this chapter, shall not be parked outside on the property in residential zones at any time between the hours of 7:00 p.m. and 7:00 a.m. the following morning and at any time on Sundays and legal holidays. This section does not apply to commercial vehicles providing emergency services to or from that location.
B.
Any person violating the provisions of § 240-6.8A shall be subject to a fine of $100 for each offense; provided, however, that any person violating such provision for a fourth time or more shall, upon each such conviction, be subject to penalties as follows: a fine of not less than $100 nor more than $2,000 or imprisonment for a period not exceeding 30 days, or both.
§ 240-6.9 Parking of recreational vehicles.
A.
Only vehicles registered to the building occupant may be parked as permitted under the following conditions:
(1)
No recreational vehicle, boat or trailer, as defined in this chapter, shall be parked outside between the hours of 7:00 p.m. and 7:00 a.m. in any zone unless parked at the rear of and immediately behind the building on said lot but no closer than 10 feet to the building and 10 feet to any side or rear lot line.
(2)
On a corner lot, the vehicle must maintain the front yard clearance of that zone for the portion of the homeowner's yard/property abutting the street line.
(3)
An owner or occupant of a building in any of said zones must obtain a recreational vehicle parking permit from the Construction Code Official. The permit shall be issued by the Construction Code Official upon filing of an appropriate application indicating compliance with the provisions of this section. The permit shall expire upon the transfer of ownership of the recreational vehicle. The application shall provide the following information:
(4)
The recreational vehicle shall be screened from adjacent lots and streets by a buffer consisting of shrubbery or hedges which shall be at least six feet high and planted at sufficiently close intervals to provide immediate effective evergreen screening throughout the year.
(5)
No recreational vehicle parked or stored in accordance with the provisions of this section shall be used for any type of commercial or business use.
(6)
No recreational vehicle shall be occupied or used for human habitation.
B.
If the owner or occupant of a building is unable to meet the requirements of this section, an appeal may be filed to the Zoning Board of Adjustment setting forth the need for deviation from these requirements. The appellant shall file said appeal within 10 days of the denial of the recreational permit by the Construction Code Official. The appeal shall be in writing, and notice of the hearing date shall be sent by personal service or certified mail to all property owners located within 200 feet of the property on which the recreational vehicle is to be parked. A fee of $75 shall be required on filing of an appeal with the Zoning Board of Adjustment. The decision of the Zoning Board of Adjustment shall be final, subject only to the statutory right of appeal. The Zoning Board of Adjustment's decision shall apply only to that specific recreational vehicle [as described in detail as per Subsection A(3) above] on that lot for which the owner/occupant applies for the variation from these requirements. The vehicle must be parked on the lot for a minimum of 72 continuous hours in a six-month continuous period or the approved variation is considered abandoned and the approval will be considered terminated.
C.
A recreational vehicle, as defined in this chapter, of the occupant or guest of the occupant may be parked, other than as specified in this chapter, for a maximum period of 72 hours on the driveway after giving notice and receiving written permission from the Police Department. Only four such permits will be permitted per lot in any given calendar year.
§ 240-6.10 Driveways.
A.
Stone driveways.
(1)
There shall be required a six-inch compacted based of three-quarter-inch quarry process stone with two inches of finished clean stone, three-eighths to three-quarter-inch stone on top, for a total of eight inches.
(2)
If no public sidewalk exists along a property, loose stone driveways shall have a minimum ten-foot concrete apron.
B.
Curbing for loose stone driveways. Shall include all sides and edges that do not abut driveway apron, masonry or concrete walkways, garage or any structure and shall be subject to the following criteria:
C.
Driveways. An improved area used for ingress or egress of vehicles from the street onto and within the parcel and/or used for parking. Such improved area shall be constructed of stone, concrete, masonry, asphalt or other suitable material.
D.
Driveway apron. Driveway space from street line to sidewalk or to right-of-way line if no sidewalk exists. A driveway apron must be made of concrete.
§ 240-6.11 Height restrictions.
B.
Except in a CR Zone and as set forth in Subsection C below, the maximum height of buildings in all districts within the Borough of Oradell, except in B-1 and B-2, shall be 32 feet. This height calculation shall be made by adding the height of all four corners of the building measured from the finished grade level six feet off each corner to the highest point on the roof (excluding chimneys) and dividing that number by four. The result would be the height of the building. Notwithstanding the above, the maximum height of any facade including a parapet may not exceed 40 feet.
C.
Special height restrictions shall be as follows:
(1)
One- and two-family residences. If the slope from any side of the principal building to the parallel or most nearly parallel property line exceeds the rate of two feet for each 10 feet, the height of any building is limited to 31 feet. This height calculation shall be made by taking the vertical distance of a building measured from the top of the highest point of a structure to the average finished grade taken six feet from the building foundation, at the midpoint of each building wall and at a point measured diagonally at 45° from each corner. Where new grades are proposed, the grade measurement cannot exceed a height established at more than one foot six inches above the existing grade. The result would be the height of the building.
(2)
B-2 Zone. If the curb elevation was extended horizontally to the center line of the building and at that point was in the upper 50% of the first floor of the permitted building, the permitted height is 40 feet, but not more than three stories and not that set forth in Subsection B above. The height shall be measured in accordance with the procedures set forth in § 240-6.11B of this chapter.
D.
The height shall be calculated based upon the existing or historic grade of the property, whichever shall result in the greatest height. In no event shall the regrading of a property eliminate a height variance.
§ 240-6.12 Uses prohibited in all zones.
A.
The following uses are prohibited in all zones. This list is inclusive, but not limited to the following:
(1)
Poolrooms, billiard halls and establishments commonly known as "video arcades" or "amusement arcades."
(2)
Drive-in restaurants or refreshment stands commonly called "snack bars," "dairy bars," "hamburger stands" or "hot dog stands" where customers and patrons are served food, soft drinks, ice cream or similar confections for their immediate consumption at counters, stools or bars outside the confines of the building or structure in which the business is conducted or for consumption in automobiles parked upon the premises, whether brought to the automobiles by the customers or patrons or by waiters or waitresses employed by the operator. The above shall not be construed to prohibit the operation of refreshment stands at parks, beach clubs, swimming clubs, golf clubs, athletic fields or other similar recreation areas or the temporary operation of refreshment stands at properly licensed circuses, bazaars and other social functions.
(3)
Wholesale laundries and dyeing establishments.
(4)
Lumber or coal yards, junkyards, automobile wreckers, automobile graveyards and scrap processors.
(5)
Blast furnaces, crematories or metal foundries.
(6)
Automobile body shops or automobile paint shops.
(7)
Hotels, motels, boardinghouses and bed-and-breakfast facilities.
(8)
Massage parlors, tattoo parlors or stores that sell or rent adult videos, books or similar materials. This chapter does allow for massages only within the confines of a commercial building by a professional duly licensed by the State of New Jersey to administer such massages.
[Amended 12-19-2006 by Ord. No. 06-29]
(9)
Drive-through facilities shall be prohibited in all establishments except for banks.
(10)
The cultivation, manufacture, warehousing, distribution and sale of cannabis and/or the paraphernalia that facilitates its recreational use. For the purposes of this section, "cannabis" shall be defined as all parts of the plant Cannabis sativa Linnaeus, Cannabis indica or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin. "Cannabis" also means the separated resin, whether crude or purified, obtained from cannabis. "Cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this section, "cannabis" does not mean "industrial hemp." All classes of cannabis establishments and cannabis distributors are prohibited in the Borough of Oradell.
[Added 10-9-2018 by Ord. No. 18-11; amended 4-27-2021 by Ord. No. 21-03]
B.
Moreover, no land or building in any zone shall be used or occupied in any manner so as to create any dangerous, injurious, noxious or otherwise objectionable fire, explosive or other hazard; noise or vibration; smoke, dust, odor or other form of air pollution; heat, cold or dampness; electromagnetic or other disturbance; glare; liquid or solid refuse or wastes; or other substance, condition or element in such manner or in such amount as to adversely affect the reasonable use of the surrounding area or adjoining premises.