Pennington City Zoning Code
ARTICLE VII
Zone Regulations
§ 215-63 Establishment of zones.
For the purpose of this chapter, the Borough of Pennington is hereby divided into the following zones:
R-80 | Residence Zone |
R-100 | Residence Zone |
R-A | Apartment-Townhouse Residence Zone |
O-R | Office-Residence Zone[1] |
TC | Town Center Zone [Added 12-20-2001 by Ord. No. 2001-6] |
TCB | Town Center Buffer Zone [Added 12-20-2001 by Ord. No. 2001-6] |
B-H | Highway Business Zone |
O-B | Office (Building) Business Zone [Amended 8-4-2003 by Ord. No. 2003-7 |
P-O | Professional Office Zone [Added 12-20-2001 by Ord. No. 2001-6] |
MU-1 | Mixed Use Zone 1 [Added 6-1-1992 by Ord. No. 514] |
MU-2 | Mixed Use Zone 2 [Added 6-1-1992 by Ord. No. 514] |
E-1 | Education Zone [Added 6-1-1992 by Ord. No. 514] |
E-2 | Education Zone 2 [Added 6-1-1992 by Ord. No. 514] |
MR | Mixed Residence Zone [Added 9-8-2014 by Ord. No. 2014-17] |
[1]
Editor's Note: The B-R Retail Business Zone, which immediately followed this entry, was repealed 12-20-2001 by Ord. No. 2001-6.
§ 215-64 Zoning Map.
[Amended 4-2-1997 by Ord. No. 307; 9-2-1985 by Ord. No. 398; 12-20-2001 by Ord. No. 2001-6; 4-9-2007 by Ord. No. 2007-4; 9-8-2014 by Ord. No. 2014-17]
The boundaries of all zone districts shall be shown on a map attached to and made a part of this chapter and titled "Zoning Map," dated July 2014. Said map and all notations and references thereon are hereby incorporated into and declared to be a part of this chapter.[1]
[1]
Editor's Note: The Zoning Map is included at the end of this chapter.
§ 215-65 Zone boundaries.
A.
Zone boundaries are intended to follow the center line of streets, railroad rights-of-way, streams and recorded property lines.
B.
Where some boundaries are not fixed by dimension or other notation and where they approximately follow property lines or other natural features and do not scale more than 25 feet distant therefrom, such property line or natural feature shall be deemed to be the location of the zone boundary.
§ 215-66 Schedule of Area, Yard and Building Regulations.
The Schedule of Area, Yard and Building Regulations sets forth the regulations of this chapter with respect to minimum lot size, yard widths, maximum lot coverage, maximum height and minimum floor area for each of the various zones. Unless modified elsewhere in this chapter, such standards shall be deemed to be the minimum requirements or maximum intensity permitted to each of the several zones.[1]
[1]
Editor's Note: The Schedule of Area, Yard and Building Regulations is included at the end of this chapter.
§ 215-66.1 Air-conditioning compressors.
[Added 9-11-2000 by Ord. No. 2000-6; amended 5-2-2011 by Ord. No. 2011-5]
In all zones, air-conditioning compressors shall be placed so as to conform to the setback requirements of the principal structure of the property. A variance shall be required for placement of an air-conditioning compressor within a nonconforming setback only if the placement increases the existing nonconformity. Any air-conditioning compressor located in the front yard must be visually screened from the street. Air-conditioning compressor units shall be exempt from setback requirements if adjacent property is commercial in a commercial zone.
§ 215-67 R-80 Residence Zone.
A.
Permitted primary uses. The permitted primary uses allowed in the R-80 Residence Zone shall be as follows:
B.
Permitted secondary uses. The permitted secondary uses allowed in the R-80 Residence Zone shall be as follows:
C.
Conditional uses. The conditional uses allowed in the R-80 Residence Zone shall be as follows and shall be further subject to the provisions of Article VIII:
D.
Other provisions and requirements.
(1)
Off-street parking space, together with appropriate access thereto, shall be provided on the same property as it is intended to serve in accordance with the following minimum standards:
(a)
Dwellings: two spaces for each dwelling unit.
(b)
Public meeting places: one space for each four seats or other similar form of accommodation.
(c)
Other public buildings: one space for each 400 square feet of total floor area.
(d)
Public parks, playgrounds and recreation areas: two spaces for each acre devoted to such use.
(2)
The floor area ratio shall not exceed 0.265, and no dwelling unit shall exceed 3,500 square feet of gross floor area.
[Added 12-3-2007 by Ord. No. 2007-12; amended 5-2-2011 by Ord. No. 2011-5]
§ 215-68 R-100 Residence Zone.
B.
Permitted secondary uses. The permitted secondary uses allowed in the R-100 Residence Zone shall be as follows:
C.
Conditional uses. The conditional uses allowed in the R-100 Residence Zone shall be as follows and shall be further subject to the provisions of Article VIII:
(1)
Nongovernmental public utility uses.
(2)
Clubhouses.
(3)
Public and private schools.
(4)
Churches.
(5)
Home occupations.
[Amended 5-7-1984 by Ord. No. 374; 9-8-1987 by Ord. No. 445]
(6)
Cluster development.
[Added 6-1-1992 by Ord. No. 514]
(7)
Continuing-care retirement facility.
[Added 11-4-1996 by Ord. No. 96-17]
D.
Other provisions and requirements.
(1)
Off-street parking space, together with appropriate access thereto, shall be provided on the same property as it is intended to serve in accordance with the following minimum standards:
(a)
Dwellings: two spaces for each dwelling unit.
(b)
Public meeting places: one space for each four seats or other similar form of accommodation.
(c)
Other public buildings: one space for each 400 square feet of total floor area.
(d)
Public parks, playgrounds and recreation areas: two spaces for each acre devoted to such use.
(2)
The floor area ratio shall not exceed 0.25, and no dwelling unit shall exceed 4,000 square feet of gross floor area.
[Added 12-3-2007 by Ord. No. 2007-12; amended 5-2-2011 by Ord. No. 2011-5]
§ 215-69 R-A Apartment-Townhouse Residence Zone.
A.
Permitted primary uses. The permitted primary uses allowed in the R-A Apartment-Townhouse Residence Zone shall be as follows:
B.
Permitted secondary uses. The permitted secondary uses allowed in the R-A Apartment-Townhouse Residence Zone shall be as follows:
(1)
All secondary uses permitted in the R-80 Residence Zone.
C.
Conditional uses. The conditional uses allowed in the R-A Apartment-Townhouse Residence Zone shall be as follows and shall be further subject to the provisions of Article VIII:
D.
Attached dwelling unit development.
(1)
Objectives. The provisions of this subsection are intended to encourage the planning and construction of attached dwelling unit development within the R-A Zone that meet the special needs of suburban families and at the same time protect and promote the health, safety and general welfare of the public and the Borough of Pennington. Their chief emphases are on features of planning, design and construction which will make for the continued desirability, soundness, safety and efficient maintenance of the housing produced. They set forth the overall technical standards and requirements deemed necessary and proper by the Borough of Pennington.
(2)
Qualifications. In order to qualify for consideration under the terms of this subsection, the site for any attached dwelling unit development shall be composed of a single parcel of land, consisting of one or more contiguous lots. The physical conditions of the site, including soil type, ground water level, drainage and topography, shall be such as not to create hazards to the property or to the occupants, and the site shall not be subject to the possibility of subsidence or the reasonable probability of flooding or serious erosion.
(3)
General requirements.
(a)
Access to site. Any attached dwelling unit site shall abut or have permanent access to an approved or existing public street. Private streets within the site of an attached dwelling development shall be permitted but shall be protected by a permanent easement and shall provide for safe and suitable vehicular circulation in the development at all times. Dead-end or cul-de-sac streets shall include adequate turning space.
(b)
Access to buildings. Convenient vehicular access to all buildings on the attached dwelling unit development site shall be provided for emergency equipment, furniture moving vans, fuel trucks where required, garbage collection, general deliveries of goods and snow removal. Pedestrian access to the rear of all buildings fronting on a public street shall be provided.
(c)
Access to dwelling units. A safe and convenient means for pedestrian access to all dwelling units shall be provided in such manner as not to require passage through any other dwelling unit.
(d)
Services and facilities. The development of the site shall be designed so that it does not infringe upon adjoining properties. Utilities and other similar facilities shall be provided for the development without dependence upon the availability of such services on adjoining properties. All attached dwelling unit developments shall be connected to and serviced by public systems for the provision of water and disposal of sanitary and storm sewage. Such public systems shall have been determined adequate to serve the proposed development by competent authority designated by the Borough Council.
(e)
Occupancy of dwelling units. No dwelling unit shall be occupied until all other dwelling units in the same building are completed and ready for occupancy, having all utility connections completed, pedestrian and vehicular accessways improved and parking areas paved and drained as designed.
(f)
Compliance with other ordinances and regulations. The attached dwelling unit development shall conform to the recommendations of the Borough Master Plan regarding the creation of new streets, the widening of existing streets, drainage rights-of-way and conservation areas. Where subdivision of lands is required or desired by the developer of the attached dwelling unit development, in accordance with the provisions of Chapter 181, Subdivision of Land, the receipt of subdivision approval prior to proceedings under this chapter shall not in any way be construed to imply approval of the proposed attached dwelling unit development. Where the review and/or approval of the various elements or features of the proposed attached dwelling unit development is required to be received from any municipal, county or state agency or official, other than the Planning Board and Zoning Officer, such review and/or approval shall be obtained prior to proceedings hereinunder.
(g)
Attached dwelling unit developments, and other uses in this zone, requiring site plan approval shall consider the site and building design standards of the Northwest Quadrant Detailed Design Plan.
(4)
Design requirements. As a minimum, all attached dwelling unit developments shall comply with the following design requirements and standards:
(a)
Site area. Site areas shall not be less than 20,000 square feet of usable land.
(b)
Floor area. Total floor area shall not exceed an amount equal to 20% of site area.
(c)
Coverage. Building area and related impervious surface coverage (parking areas, roads, walks, etc.) shall not exceed an amount equal to 35% of the site area.
(d)
Recreation area. Outdoor recreation space shall be provided in all developments of 30 or more units. Such outdoor recreation space shall not be less in area than an amount equal to 20% of the gross floor area of the development.
(e)
Parking spaces required. The Planning Board shall determine the number of off-street parking spaces required based on dwelling unit mix and size and related factors. Maximum requirement shall not exceed two spaces per unit nor shall be less than one space per unit. The developer may elect, subject to the approval of the body conducting the site plan review, to improve only a portion of the area which has been designated for parking on the plan.
(f)
Buildings. Buildings shall not exceed 21/2 stories or 35 feet in height. Buildings shall not contain dwelling units above the second story nor below grade. Buildings shall be designed so that an offset of at least four feet shall occur between building segments containing no more than four dwelling units.
(g)
Dwelling unit mix and density. Each development shall contain a mixture of dwelling unit types in a ratio approved by the Planning Board, in accordance with the Northwest Quadrant Detailed Design Plan. Maximum gross residential density shall not exceed eight units per acre of site area and shall not exceed the maximum gross residential density for specific areas as defined by the Northwest Quadrant Detailed Design Plan.
(h)
Building setbacks. Building setbacks shall provide adequate distance between buildings on the site and the abutting properties. However, no such setback need exceed a distance of 50 feet.
(i)
Streets, roads, curbs, parking areas and sidewalks. All streets, roads, curbs, parking areas and sidewalks shall be constructed in accordance with Borough specifications furnished by the Borough Engineer.
(j)
Plantings. The character and appeal of the site shall be enhanced by retaining and protecting existing trees and other natural features of the site whenever possible and through the addition of new planting materials for privacy, shade, beauty of buildings and grounds, and to screen objectionable features. Plant materials to be provided shall be in scale with the composition of the buildings, the site and its various uses and surroundings. Plant materials shall be arranged to harmonize in size, shape, color, texture and winter characteristics with the buildings and development of the grounds. Plant location and spacing shall be determined by ultimate mature growth. Plant materials shall be indigenous to the area or be readily adaptable to the local climate and soil conditions. Plant materials shall not be excessively weedy in habit or growth characteristics nor be unduly subject to noxious pests or plant diseases.
(k)
Outdoor lighting. Attractive lighting fixtures for walks, steps, parking areas, streets and other facilities shall be provided at locations to assure the safe and convenient use of such facilities. Fixtures shall be placed and designed in keeping with the character of the development and be adequately shaded to screen the windows of dwelling units from the direct rays from the light fixtures.
(l)
Electric and telephone lines. All electric power and telephone transmission lines shall be installed underground at a depth and at such location as will minimize risk of interruption of services.
(m)
Screening. Fences, walls, shrubbery or other appropriate screening devices shall be installed around garbage and trash storage areas, parking areas, service areas and at such other locations deemed desirable or necessary by the Planning Board.
(n)
Laundry facilities. One laundry room shall be provided on the ground floor of each apartment building and shall be for the sole use of the occupants. One washing machine and one mechanical heated dryer shall be provided for each eight apartment dwelling units located in the building. Each townhouse dwelling unit shall be provided with individual laundry facilities within the dwelling unit. Outdoor laundry drying facilities are expressly prohibited.
(o)
Maintenance of grounds and buildings. At least one full-time maintenance employee or caretaker, who shall maintain residence within the development, shall be provided for each 100 dwelling units in the development. Adequate storage area for materials and equipment necessary for the maintenance of the apartment-townhouse development shall be provided on the site.
§ 215-70 O-R Office-Residence Zone.
[Amended 5-4-1987 by Ord. No. 444; 9-8-1987 by Ord. No. 445; 6-1-1992 by Ord. No. 514]
A.
Purpose. The purpose of the O-R Office Residence Zone is to permit the use of a portion of a residential structure for office purposes in order to preserve a residential area character while providing a transitional use from residential to business in areas of the Borough appropriate for such transition.
§ 215-71 TC Town Center Zone.
[Added 12-20-2001 by Ord. No. 2001-6[1]]
A.
Purpose. The purpose of this zoning district is to delineate the boundary of the town's commercial center and to ensure that changes within the district preserve and enhance the intimate scale and pedestrian orientation of the area. This section is designed to provide both flexibility to stimulate positive changes and ample guidance to assure that future changes advance the objectives of the town center as articulated in the Master Plan. It is the intention of this section to promote interest in the downtown area by encouraging a mixture of small-scale business uses which are pedestrian-oriented and building facades which are pedestrian-friendly. The permitted uses are intended to be compatible with and complement each other to create a pedestrian-oriented shopping environment consistent with the character of the surrounding community, relying less heavily on high volume or regional vehicular traffic, Residential uses are retained to promote a presence of Borough residents in the Town Center after businesses are closed. The site plan, facade, building floor plans, and operation of the permitted uses shall enhance the character of the town center as depicted in the Master Plan and in this section.
B.
Permitted primary uses. The following primary uses are permitted in the Town Center Zone:
(1)
Neighborhood retail and specialty shops, including:
(a)
Stores selling groceries, meats, baked goods, and other similar food items;
(b)
Hardware stores and general merchandise stores;
(c)
Pharmacies;
(d)
Photo shops and pet grooming establishments;
(e)
Stationery stores, florists, antique shops, bookstores, toy stores, and gift shops;
(f)
Jewelry, clothing and shoe shops;
(g)
Consignment shops;
(h)
Delicatessens, luncheonettes, pizza parlors, ice cream parlors, and coffee shops;
(i)
Full-service restaurants;
(j)
Other neighborhood retail and specialty shops which are found by the Planning Board acting as a Board of Adjustment to be clearly of the same character as, and not incompatible with, the above specified uses.
(2)
The following personal service establishments:
(a)
Banks;
(b)
Shoe repair and tailor service shops;
(c)
Barber shops and beauty salons;
(d)
Travel agencies;
(e)
Other personal service establishments which are found by the Planning Board acting as a Board of Adjustment to be clearly of the same character as, and not incompatible with, the above specified uses.
(4)
Municipal parks and buildings.
(5)
General business office uses on the second and/or third floors of a building where the Borough Zoning Officer or the Planning Board has determined that the size, access or other physical features of the second and/or third floor preclude the floor from being used as a residential dwelling unit, provided that no office uses shall be permitted above a residential dwelling or floor that could accommodate a residential dwelling.
[Added 12-3-2007 by Ord. No. 2007-12]
C.
Permitted accessory uses. The accessory uses permitted in the Town Center Zone are the following:
[Amended 7-7-2008 by Ord. No. 2008-4]
(1)
Off-street parking facilities for the use of customers and employees;
(2)
Private garage space for the storage of commercial vehicles used in conjunction with a permitted business use;
(3)
Sidewalk sales by adjacent retail merchandise stores when authorized by a permit issued by the Borough Clerk;
(4)
Outdoor dining contiguous to restaurants;
(5)
Storage sheds related to the primary use, limited to one in number;
(6)
Garages for residential uses;
(7)
Other accessory uses which the Planning Board acting as a Board of Adjustment finds are clearly incidental and subordinate to the primary use and enhance the character of the town center as depicted in the master plan and in this section.
D.
Prohibited uses. Any use not hereby specifically permitted in the town center is prohibited. The following uses are hereby specifically prohibited:
(1)
Tanning salons;
(2)
Pool halls and video arcades;
(3)
Tattoo parlors;
(4)
Twenty-four-hour businesses, other than ATM machines;
(5)
Sexually oriented businesses, to the full extent such business may be prohibited pursuant to law.
(6)
Cannabis cultivators, cannabis manufacturers, cannabis wholesalers, cannabis retailers, cannabis distributors, cannabis delivery services, medical cannabis cultivators, medical cannabis manufacturers, medical cannabis dispensaries and clinical registrants.
[Added 8-9-2021 by Ord. No. 2021-9]
E.
Schedule of regulations. The following regulations shall apply to the Town Center Zone:
(1)
Lot dimensions. Lots existing as of the date of adoption of the ordinance first creating the Town Center Zoning District are deemed conforming. The maximum area of any new lot created by subdivision or merger shall be 15,000 square feet. The minimum frontage of an improved lot created by subdivision or merger shall be 25 feet.
(2)
Front yard setback. The minimum front yard building setback shall be that existing on the date of adoption of the ordinance first creating the Town Center Zoning District or, if there is no preexisting setback or such setback as may have existed cannot be established, the minimum front yard setback shall be five feet.
(3)
Side yard setback. The minimum side yard building setback shall be that existing on the date of adoption of the ordinance first creating the Town Center Zoning District or, if there is no preexisting setback or such setback as may have existed cannot be established, the minimum side yard setback shall be five feet.
(4)
Rear yard setback. The minimum rear yard building setback shall be the less restrictive of that existing on the date of adoption of the ordinance first creating the Town Center Zoning District or 25 feet. The setback shall be 50 feet where the rear yard abuts a residential district or a mixed-use residential district.
[Amended 5-2-2011 by Ord. No. 2011-5]
(5)
Building height. The minimum building height shall be two stories or 28 feet. The maximum building height shall be three stories or 40 feet.
(6)
Lot coverage. Lot coverage shall not exceed 80%.
[Amended 5-2-2011 by Ord. No. 2011-5]
(7)
Hours of operation. All nonresidential establishments, with the exception of ATM facilities, must close by midnight and remain closed to business until 5:00 a.m.
(8)
All buildings shall have a dual-pitched, single-ridge roof (such as a gable, hip, gambrel or mansard roof); provided, however, that where roof-mounted equipment is necessary and/or preferable for the operation of the building, a facade roof treatment exhibiting the appearance of such a dual-pitched, single-ridge roof may be permitted if specifically approved by the Planning Board as part of a submitted site plan application. No flat roofs shall be permitted.
[Added 12-3-2007 by Ord. No. 2007-12]
[1]
Editor's Note: This ordinance also provided for the repeal of former § 215-71, B-R Retail Business Zone, as amended.
§ 215-71.1 TCB Town Center Buffer Zone.
[Added 12-20-2001 by Ord. No. 2001-6]
A.
Purpose. The purpose of the Town Center Buffer Zone is to function as a transition between the more intensive town center uses and nearby residential areas. Central to this objective is the intent to preserve both residential appearance and residential uses in this zoning district, retaining some residential use in each structure as well as the exterior residential character of all structures within the zone. Moreover, businesses should have a pedestrian orientation. The permitted uses will be those which typically perform within a pedestrian-oriented environment without high volume or regional vehicular traffic, and will enhance the character of the Town Center Buffer Zone as described in the Master Plan and in this section. The intensity and operation of the nonresidential uses within this zone shall not adversely impact on neighboring residential uses or zoning districts.
B.
Permitted primary uses. The primary uses permitted in the Town Center Buffer Zone are the following:
(1)
The following residential uses:
(a)
One-family dwellings;
(b)
Multifamily dwellings in existence on the effective date of adoption of the ordinance first creating the Town Center Buffer Zoning District;
(c)
Dwellings within a structure which includes permitted nonresidential uses;
(d)
Home occupations incidental and subordinate to permitted residential uses.
(2)
The following nonresidential uses if located within a structure which includes permitted residential uses:
(a)
Professional offices and professional offices with retail operations, other than medical offices;
(b)
Medical offices without retail operations;
(c)
General business offices; real estate, insurance, advertising;
(d)
Executive or administrative offices; counseling; financial services; Red Cross; YMCA; YWCA;
(e)
Other nonresidential uses which are found by the Planning Board acting as a Board of Adjustment to be clearly of the same character as, and not incompatible with, the above specified uses.
C.
Permitted accessory uses. The accessory uses permitted in the Town Center Buffer Zone are the following:
(1)
Outdoor employee dining in rear yards;
(2)
Storage sheds related to the primary use, limited to one in number;
(3)
Garages for residential uses;
(4)
Other accessory uses which the Planning Board acting as a Board of Adjustment finds are clearly incidental and subordinate to the primary use and enhance the character of the Town Center Buffer Zone as depicted in the Master Plan and in this ordinance.
D.
Prohibited uses. Any use not hereby specifically permitted in the Town Center Buffer Zone is prohibited. The following uses are hereby specifically prohibited:
(1)
Tanning salons;
(2)
Pool halls and video arcades;
(3)
Tattoo parlors;
(4)
Twenty-four-hour businesses, other than ATM machines;
(5)
Sexually oriented businesses, to the full extent such business may be prohibited pursuant to law.
(6)
Cannabis cultivators, cannabis manufacturers, cannabis wholesalers, cannabis retailers, cannabis distributors, cannabis delivery services, medical cannabis cultivators, medical cannabis manufacturers, medical cannabis dispensaries and clinical registrants.
[Added 8-9-2021 by Ord. No. 2021-9]
§ 215-72 B-H Highway Business Zone.
A.
Permitted primary uses. The permitted primary uses allowed in the B-H Highway Business Zone shall be as follows:
(1)
Retail business and personal service establishments which are clearly of a community service character, such as, but not limited to, the following:
[Amended 4-9-2007 by Ord. No. 2007-4]
(a)
Stores selling groceries, meats, baked goods, and other such food items.
(b)
Drug and pharmaceutical stores.
(c)
Stationery, tobacco, and newspaper stores.
(d)
Luncheonettes and confectionery stores.
(e)
Department and general merchandise stores.
(f)
Hardware, appliance, furniture, and radio and television stores.
(g)
Clothing, accessory and jewelry stores.
(h)
Restaurants.
(i)
Barber and beauty shops.
(j)
Shoe repair shops.
(k)
Tailor shops, dry-cleaning pickup shops, and self-service laundries.
(l)
Business and professional offices, banks, and financial institutions.
(m)
Commercial schools conducted for profit.
(n)
Residential professional offices.
(o)
Theaters and other similar places of public assembly.
(2)
Animal hospitals.
(3)
Lumber and building materials yards.
(4)
Wholesale business establishments other than cannabis wholesalers.
[Amended 8-9-2021 by Ord. No. 2021-9]
(5)
Other business uses which in the opinion of the Planning Board acting as a Board of Adjustment are similar in scale and service nature to those permitted above.
[Amended 12-29-1999 by Ord. No. 99-16]
B.
Permitted secondary uses. The permitted secondary uses allowed in the B-H Highway Business Zone shall be as follows:
C.
Conditional uses. The conditional uses allowed in the B-H Highway Business Zone shall be as follows and shall be further subject to the provisions of Article VIII:
(1)
Public utility uses.
(2)
Motor vehicle service establishments.
(3)
Motels.
(4)
Motor vehicle sales establishments.
(5)
Cannabis retailers (without cannabis consumption areas).
[Added 8-9-2021 by Ord. No. 2021-9]
(6)
Cannabis delivery services.
[Added 8-9-2021 by Ord. No. 2021-9]
(7)
Medical cannabis dispensaries (without cannabis consumption areas).
[Added 8-9-2021 by Ord. No. 2021-9]
D.
Prohibited uses. Any use not hereby specifically permitted in the B-H Highway Business Zone is prohibited. The following uses are hereby specifically prohibited:
[Added 8-9-2021 by Ord. No. 2021-9[1]]
(1)
Cannabis cultivators, cannabis manufacturers, cannabis wholesalers, cannabis distributors, medical cannabis cultivators, medical cannabis manufacturers and clinical registrants.
[1]
Editor's Note: This ordinance also provided for the redesignation of former Subsection D as Subsection E.
E.
Other provisions and requirements.
(1)
Off-street parking space for the use of customers and employees shall be provided as follows:
(a)
Retail business uses: one space for each 100 square feet of sales floor area.
(b)
Personal and business service establishments: one space for each 300 square feet of floor area.
(c)
Professional and business offices: one space for each 200 square feet of floor area.
(d)
Restaurants: one space for each four seats, plus one space for each two employees.
(e)
Theaters and other similar places of public assembly: one space for each three seats.
(f)
Wholesale business establishments and lumber and building materials yards: one space for each 500 square feet of building area.
(2)
Truck loading and unloading facilities shall be provided on the property in other than the front yard area in sufficient amount to permit the transfer of goods in other than a public street. Such space shall not infringe upon area required for off-street parking.
(3)
Parking areas may be located within any of the required yard area, provided that they are not within 25 feet of the boundary of a residence zone or street line. Driveways shall be limited to two for each 200 feet of frontage on a public street. Such driveways shall be in accordance with the standards specified in Figure 1.[2] Wherever practical, acceleration and deceleration lanes shall be provided.
[2]
Editor's Note: Figure 1 is included as an attachment to this chapter.
(4)
Uses in this zone requiring site plan approval shall consider the site and building design standards of the Northwest Quadrant Detailed Design Plan.
§ 215-73 O-B Office (Building) Business Zone.
[Amended 8-4-2003 by Ord. No. 2003-7
A.
Permitted primary uses.
(1)
Executive or administrative, general business and professional offices.
(2)
Technical training centers, provided all instruction is conducted indoors.
(3)
Child-care centers licensed by the Department of Human Services pursuant to P.L. 1983, c. 492 (N.J.S.A. 30:5B-1 et seq.).
(4)
Educational uses.
[Added 5-2-2011 by Ord. No. 2011-5]
B.
Permitted accessory uses.
(1)
Municipal parks, playgrounds and buildings deemed appropriate and necessary by the Borough Council of the Borough of Pennington.
(2)
Garage and storage buildings which are necessary to store any vehicles, equipment or materials on the premises in conjunction with a permitted use.
(3)
Off-street parking for the use of employees and visitors.
(4)
Cafeterias located within a permitted primary use and operated for the exclusive use of employees and their guests.
C.
D.
Prohibited uses. Any use not hereby specifically permitted in the O-B Office Business Zone is prohibited. The following uses are hereby specifically prohibited:
[Added 8-9-2021 by Ord. No. 2021-9[1]]
(1)
Cannabis cultivators, cannabis manufacturers, cannabis wholesalers, cannabis distributors, medical cannabis cultivators, medical cannabis manufacturers and clinical registrants.
E.
General requirements.
(1)
All lands and uses in the O-B Zone shall comply with the regulations set forth in the Schedule of Area, Yard and Building Regulations,[2] except as follows:
(a)
The maximum floor area ratio of all buildings on a lot shall not exceed 0.30.
(b)
The minimum front yard setback from State Highway Route 31 only shall be 20 feet for the first 100 feet length of building plus an additional 10 feet for every additional 50 feet length of building or portion thereof.
[2]
Editor's Note: The Schedule of Area, Yard and Building Regulations is included as an attachment to this chapter.
(2)
No principal building shall exceed 35 feet and 2 1/2 stories in height, and no accessory building shall exceed 20 feet in height and 1 1/2 stories, except as further allowed in § 215-49, entitled "height modifications."
(3)
All buildings shall have a dual pitched, single ridge roof (such as a true and complete gable, hip or gambrel roof or a mansard roof where the lower slope is steeper and deeper than the upper slope) with a minimum pitch of one foot vertical to eight feet horizontal. No flat roof shall be permitted; provided, however, that where roof mounted equipment is necessary and/or preferable for the operation of the building, a facade roof treatment exhibiting the appearance of such a dual pitched, single ridge roof on all sides of the building may be permitted if specifically approved by the Planning Board as part of a submitted site plan application for development.
(4)
All portions of all buildings on one lot shall be compatibly designed with a common architectural motif, whether constructed all at one time or in stages over a period of time. The architectural design and material surface and color of all building walls on all sides of all buildings shall be suitably finished for aesthetic purposes and shall be compatible in design and scale with the surface materials existing within the neighborhood.
(5)
Where a building wall is longer than 50 feet in any one plane and where said wall is visible to the public, the wall and roofline shall be interrupted with offsets, projections, recesses and architectural elements to break the visual appearance of a linear building wall.
(6)
Any principal building may contain more than one principal permitted use, provided that the total floor area ratio and total building and lot coverages of the combined uses do not exceed the maximums specified for the zoning district, that each use occupies a minimum gross floor area of 250 square feet and that the combined off-street parking requirements for all uses are met.
(7)
No individual building shall exceed 25,000 square feet on the first floor. However, more than one building shall be permitted on a lot, provided that the total floor area ratio and total lot coverage of the combined uses/buildings on the lot do not exceed the maximums specified for the zoning district for a use/building on an individual lot.
(a)
In order to promote a low-intensity, village atmosphere of smaller buildings clustered in a pedestrian-oriented, nonlinear layout, multiple detached principal buildings shall be permitted on a lot, provided that, to the extent practicable, the placement of buildings shall be staggered, with varying building setbacks and with the orientation of the fronts of buildings situated at angles to one another and/or otherwise designed to promote a nonlinear appearance.
(b)
All buildings shall be separated by a minimum of 30 feet where any part of such separation is to be used for parking or vehicular circulation.
(8)
Where there is more than one principal building on a lot, the development shall be deed restricted as a condition of site plan approval to include the following restrictions:
(a)
There shall be no expansion or addition of building space beyond that which was originally approved, unless approved as part of a subsequent site plan application for the entirety of the original lot;
(b)
Access from the public street(s) to the buildings shall not be provided by individual driveways to each building, but by common drive(s) so as to reduce the number of access points along the street(s). Parking shall be evenly distributed, with pedestrian connections between buildings; and
(c)
A single controlling entity, such as a commercial owners' association or a single owner of the entire development, shall be provided for the maintenance of the landscaping, multiple tenancy signs, detention basins, lighting and other common elements or shared structures and facilities. Blanket cross easements in a form satisfactory to the Borough Attorney shall be provided throughout the development for irrevocable cross access for parking, utilities, maintenance and drainage.
(9)
Unless otherwise specifically approved by the Board as part of a site plan application, no merchandise, product, equipment or similar material or objects shall be displayed or stored outside, except where otherwise permitted by this chapter or the code of the Borough of Pennington. Where merchandise, products, equipment or similar material or objects are approved by the Board to be displayed or stored outside, the materials shall be suitably screened to be obscured from view from any adjacent residential uses and must be situated within the property lines of the principal use.
(10)
All portions of a lot not covered by buildings or structures (e.g., parking lots, parking spaces, loading areas, access aisles, driveways, sidewalks, walkways, curbs, trash enclosures, etc.) shall be suitably landscaped with grass, shrubs and trees and shall be maintained in good condition. In any case, no less than 40% of the area of any lot shall be so landscaped, and the landscaped area may include approved detention and/or retention basins.
(11)
No parking, loading area, driveway or other structure (except for approved accessways, signs and fencing) shall be permitted within 10 feet of any property line and within 25 feet of any street line or residential zoning district, and such perimeter area shall be planted and maintained in lawn areas or ground cover and landscaped with shrubbery, except that:
(a)
No parking, loading area, driveway or other structure (except for approved accessways, signs and fencing) shall be permitted in the front yard area between the principal building and State Highway Route 31.
(b)
The Planning Board may approve off-street parking in front yard areas between principal buildings and State Highway Route 31 where the existing development on the subject property (e.g., an existing building set back an excessive distance from the abutting street right-of-way) creates a practical difficulty in locating the required off-street parking in rear and/or side yard areas, provided that:
[1]
A minimum parking setback of 25 feet to any street line shall be provided, where feasible, and shall be planted and maintained in lawn area or ground cover and shall be landscaped with trees and shrubbery as approved by the Board; and
[2]
When approving the location of off-street parking in front yard areas, the Planning Board must find that parking may be located within the front yard area without adversely affecting neighboring properties.
(c)
Driveways with appropriate cross easements providing access between adjacent lots shall be permitted and provided, where feasible; on-site circulation systems and parking areas shall be designed to accommodate the interconnection between adjacent lots.
(12)
Uses in this zone requiring site plan approval shall consider the site and building design standards of the Northwest Quadrant Detailed Design Plan.
(13)
Dwelling units are specifically prohibited in this zone.
F.
Off-street parking requirements. Each individual use shall provide parking spaces according to the following minimum provisions. Where a permitted use of land includes different specific activities with different specific parking requirements, the total number of required parking spaces shall be obtained by computing individually the parking requirements for each different activity and adding the resulting numbers together:
(1)
Offices, laboratories and technical training centers shall provide parking at the ratio of one parking space per 200 square feet of gross floor area or part thereof.
(2)
Child-care centers shall provide parking at a ratio of one parking space per employee, plus one additional parking space for every eight children.
(3)
Parking areas for individual uses shall be designed to be interconnected with adjacent properties and shall utilize common entrance(s) and exit(s), where feasible, to minimize access points to the street.
G.
Off-street loading requirements.
(1)
Each principal building or group of buildings shall provide at minimum one off-street loading space on site at the side or rear of the building or within the building. Any loading dock space shall have adequate ingress and egress from a public street and adequate space for maneuvering. There shall be no loading or unloading from the street or front yard area.
(2)
There shall be at least one trash and garbage pickup location on site within convenient access to the building being served, including provisions for the separation and collection of recyclable materials in accordance with the recycling requirements of Mercer County and in accordance with the following:
(a)
The trash and garbage pickup location shall be provided either within the building being served or in a pickup location outside the building;
(b)
If located within the building, the doorway may serve both the loading and trash/garbage functions, and if located outside the building, it may be located adjacent to or within the general loading area(s), provided the container in no way interferes with or restricts loading and unloading functions;
(c)
If located outside the building, the trash and garbage pickup location shall include a steel-like, totally enclosed trash and garbage container located in a manner to be obscured from view from parking areas, streets and adjacent residential uses or zoning districts by a fence, wall, planting or combination of all three; and
§ 215-74 P-O Professional Office Zone.
[Added 9-2-1985 by Ord. No. 398]
A.
Permitted primary uses. The permitted primary uses allowed in the P-O Professional Office Zone shall be as follows:
C.
Other provisions and requirements.
(1)
Off-street parking facilities shall be provided in other than the front yard in accordance with the minimum standards specified below, shall not be located within 20 feet of the boundary of a residence zone and shall have suitable means for ingress and egress.
(2)
No vehicular access to Queens Lane shall be permitted. A landscaped buffer at least 30 feet in width shall be provided along the Queens Lane frontage within this zone.
(3)
Total building floor area shall not exceed 16% of total lot area.
(4)
Only one vehicular access to South Main Street shall be permitted.
(5)
Uses in this zone requiring site plan approval shall consider the site and building design standards of the Northwest Quadrant Detailed Design Plan.
(6)
In order to maintain the existing residential appearance of this area, the exterior of new office buildings shall have a residential appearance, and the exterior of existing structures shall not be significantly altered unless their residential appearance is maintained.
(7)
In order to minimize the extent of paved areas, up to 50% of required parking spaces may be designated for compact vehicles if such designation is approved by the Planning Board at time of site plan review. Such compact spaces may be eight feet wide and 17 feet long.
§ 215-75 E-1 Education Zone.
[Added 6-1-1992 by Ord. No. 514]
A.
Permitted primary uses. The permitted primary uses allowed in the E-1 Education Zone shall be as follows:
(1)
Private nonprofit educational institutions and related facilities, such as but not limited to administrative offices, libraries, dining halls, theaters, classroom buildings and uses, faculty and student housing and recreational facilities and uses.
(2)
One-family dwellings, in accordance with the standards and requirements of the R-80 Zone.
B.
Permitted secondary uses. The permitted secondary uses allowed in the E-1 Education Zone shall be as follows:
D.
Other provisions and requirements.
(1)
Off-street parking space requirements for educational institutions shall be determined by the Planning Board, taking into consideration the requirements for similar uses in other zones, the likelihood of all-day or short-term use of parking spaces, the need for parking for a specific use and the availability of existing on-site spaces.
(2)
Parking areas for educational institutions may be located in any of the required yard areas, provided that they are not less than 10 feet from a property line and not less than 25 feet from the boundary of a residential zone or from a street line and provided with a buffer of landscape planting or other screening treatment acceptable to the Planning Board.
(3)
All buildings should permit emergency vehicle access by some practicable means to all sides.
§ 215-76 E-2 Education zone.
[Added 6-1-1992 by Ord. No. 514]
A.
Permitted primary uses. The permitted primary uses allowed in the E-2 Education Zone shall be as follows:
B.
Permitted secondary uses. The permitted secondary uses allowed in the E-2 Education Zone shall be as follows:
D.
Other provisions and requirements.
(1)
Off-street parking space requirements for educational institutions shall be determined by the Planning Board, taking into consideration the requirements for similar uses in other zones, the likelihood of all-day or short-term use of parking spaces, the need for parking for a specific use and the availability of existing on-site spaces.
(2)
Parking areas for educational institutions may be located in any of the required yard areas, provided that they are not less than 10 feet from a property line and not less than 25 feet from the boundary of a residential zone or from a street line and provided with a buffer of landscape planting or other screening treatment acceptable to the Planning Board.
(3)
All buildings should permit emergency vehicle access by some practicable means to all sides.
§ 215-77 MU-1 Mixed Use Zone.
[Added 6-1-1992 by Ord. No. 514; amended 11-4-1996 by Ord. No. 96-16]
A.
Purpose. The purpose of the MU-1 Mixed Use Zone is to provide appropriate development regulations for an area unique in the Borough in terms of its historic use and location and its development constraints of site size, shape and proximity to the railroad.
[Amended 12-5-2011 by Ord. No. 2011-18]
B.
Permitted primary uses. The permitted primary uses allowed in the MU-1 Mixed Use Zone shall be as follows:
[Amended 12-5-2011 by Ord. No. 2011-18]
C.
Permitted secondary uses. The permitted secondary uses allowed in the MU-1 Mixed Use Zone shall be as follows:
(1)
Permitted community-service uses, scientific and research laboratories and private warehousing and storage uses, subject to the following standards:
(a)
No use shall generate, as measured at the building setback line, any noise, vibration, heat, glare, smoke, odor, air pollution or dust in amounts exceeding that which might reasonably be expected to be generated by a permitted residential use.
(b)
No use shall store or generate as part of its operation hazardous chemicals, waste or combustibles.
(d)
Building size shall be limited to two stories or 25 feet in height and a maximum footprint of 3,000 square feet.
(e)
Private warehousing and storage uses shall not occupy more than 50% of the gross floor area of a development site.
(f)
The total floor area ratio of a development site shall not exceed 0.15, and total impervious coverage shall not exceed 50%.
D.
Other provisions and requirements for all nonresidential uses.
(1)
Building setback requirements. Buildings shall be set back at least 10 feet from a railroad right-of-way line, at least 25 feet from a street line and at least 50 feet from the property line of a contiguous residential use.
(2)
Off-street parking requirements shall be as follows:
(a)
All uses: one space per employee.
(b)
Off-street parking facilities shall not be located within a front yard setback area or within five feet of a property line.
(c)
Parking areas shall be screened from street view by a landscaped buffer, and from other areas by a solid fence or landscaped buffer.
F.
Prohibited uses. Any use not hereby specifically permitted in the MU-1 Mixed Use Zoning District is prohibited. The following uses are hereby specifically prohibited:
[Added 8-9-2021 by Ord. No. 2021-9]
(1)
Cannabis cultivators, cannabis manufacturers, cannabis wholesalers, cannabis retailers and cannabis distributors, medical cannabis cultivators, medical cannabis manufacturers, medical cannabis dispensaries and clinical registrants.
§ 215-78 MU-2 Mixed Use Zone.
[Added 6-1-1992 by Ord. No. 514; amended 11-4-1996 by Ord. No. 96-16]
A.
Purpose. The MU-2 Mixed Use Zone provides the opportunity for the development of a balanced mix of uses in existing structures and their surrounding areas as well as the harmonious integration of new structures with the historic neighborhood.
B.
Permitted primary uses. The permitted primary uses allowed in the MU-2 Mixed Use Zone shall be as follows:
(1)
Attached dwelling units in accordance with the provisions of § 215-69D and one-family dwellings as permitted and as regulated in the R-80 Zone.
(3)
Retail business and personal service establishments as defined in §§ 215-71A(3) and (4).
(4)
Municipal parks, playgrounds, buildings and/or structures.
C.
Permitted secondary uses. The permitted secondary uses allowed in the MU-2 Mixed Use Zone shall be as follows:
D.
Prohibited uses. Any use not hereby specifically permitted in the MU-2 Mixed Use Zoning District is prohibited. The following uses are hereby specifically prohibited:
[Added 8-9-2021 by Ord. No. 2021-9[1]]
(1)
Cannabis cultivators, cannabis manufacturers, cannabis wholesalers, cannabis retailers, cannabis distributors, cannabis delivery services, medical cannabis cultivators, medical cannabis manufacturers, medical cannabis dispensaries and clinical registrants.
E.
Office and retail use restrictions.
(1)
Professional office and business offices shall only be located within existing structures or structures that have been renovated and/or enlarged or new structures in which at least 40% of such floor area is maintained in residential use. Such professional office and business office uses shall not exceed a maximum of 3,000 square feet in any single structure.
(2)
Retail business and personal service establishments shall only be located within existing structures, or structures that have been renovated and/or enlarged or new structures in which at least 40% of such floor area is maintained in residential use. Such uses shall not exceed a maximum of 6,000 square feet in any single structure.
F.
Bulk standards.
(1)
Total floor area shall not exceed 28% of total lot area, and total residential floor area shall not be less than 40% of total developed floor area.
G.
Parking, loading and screening.
(1)
Off-street parking facilities shall be provided in accordance with the minimum standards specified below:
(2)
Truck loading and unloading facilities shall be provided on the property in other than the front yard area in sufficient amount to permit the transfer of goods on other than a public street.
(3)
Parking areas may be located in any of the required setback areas, provided that they are not less than 25 feet from a residential zone.
(4)
Screening. Fences, walls, shrubbery or other appropriate screening devices shall be installed around trash storage areas, parking areas, service areas and at such other location deemed desirable or necessary by the Planning Board.
H.
Building and site design.
(1)
New construction or expansion or renovation of existing structures shall be designed to follow the historic character of the general area and the Borough.
(2)
Site plan review is required and applications for site plan review shall include exterior building design proposals. The exterior building design submission shall include all building elevations, indicating door and window type, facade and roof materials and all appropriate architectural details.
(3)
A conceptual site design plan for all adjacent land parcels in this zone in the same ownership may be required for purposes of determining conformance with the provisions of this chapter.
§ 215-78.1 MR Mixed Residence Zone.
[Added 2-13-2002 by Ord. No. 2002-1; amended 9-8-2014 by Ord. No. 2014-17]
A.
Purpose and definition.
(1)
One of the purposes of this zone is to provide for "age-targeted dwelling units" as a residential option for the Pennington and surrounding community. For purposes of this zone, the term "age-targeted dwelling unit" is defined as attached, one-family dwelling units designed with a master bedroom on the first floor intended to attract as purchasers empty nesters, childless couples or households which are downsizing but who wish to remain in the Pennington community.
(2)
Another purpose of this zone is to comply with the substantive rules and regulations of the New Jersey Council on Affordable Housing promulgated pursuant to the New Jersey Fair Housing Act.
(3)
Another purpose of this zone is to balance the need for affordable housing, good site plan design and landscaped open spaces with potential private interests in developing the zone and to implement the recommendations of the February 2014 "Land Use Plan Amendment: Supplemental Modifications To The September 2013 Master Plan And Development Regulations Periodic Reexamination Report," as adopted by the Planning Board on March 12, 2014. The flexibility that has been incorporated in these provisions also is expected to encourage the zone's potential for innovative site plan design and the highest quality landscaped open space. Any proposed site plan shall preserve as much of the mature landscape specimens within the zone as possible.
B.
Permitted primary uses.
(1)
A mixed residential housing development on tracts of land at least 12 acres in size which is planned, approved and constructed as a single entity, which does not exceed a density of 6 2/3 (6.667) dwelling units per gross acre of land or a maximum of 80 units, whichever is less, and which consists of the following:
(2)
Municipal parks, playgrounds, and public purpose uses, including municipal buildings and/or structures connected with the governmental function or a governmental service.
(3)
Conservation areas, open spaces, and common open spaces, including passive and active recreational facilities.
(4)
Detached one-family dwelling units existing prior to the adoption of this section.
C.
Permitted accessory uses.
(1)
Common recreational facilities as specifically approved by the Planning Board within the specified open space areas in order to satisfy the needs of the residential population within the development.
(2)
Landscaping features including benches, trellises, and other such features customarily associated with the permitted primary uses, as the case may be.
(3)
Fences and walls in accordance with the design provisions specified in § 215-24 of this chapter, provided that no fence or wall shall be permitted in the front of an individual unit, building or lot developed with a dwelling unit.
(4)
Patios, balconies and decks.
(5)
Off-street parking and private garages.
(7)
Stormwater facilities.
(8)
Pump stations to serve a mixed residential housing development.
D.
Height, area, yard and distance requirements for permitted uses.
(1)
No dwelling unit shall exceed 35 feet in height and 2 1/2 stories.
(2)
The minimum distances between buildings shall be 30 feet, which shall be measured horizontally in feet from the front, side and rear of each building.
(3)
The minimum distance between a building and an internal street shall be 20 feet, and the minimum distance between a building and a parking area shall be 10 feet.
(4)
A minimum fifty-foot setback from the right-of-way of State Highway Route 31 and from the Pennington Pointe development to the north, a minimum forty-foot setback from any other existing street line, and a minimum twenty-five-foot setback from any other tract boundary line shall be required for any building or structure, except approved driveways, signs or fencing.
(5)
Within the required tract boundary setback areas referred to above in § 215-78.1D(4), a landscape buffer screening shall be required, except within wetland and wetland buffer areas. If the existing vegetation is not sufficient to provide adequate buffering as determined by the Planning Board, the vegetation shall be supplemented with densely planted evergreen trees at least six feet high at time of planting, spaced no more than 10 feet apart on-center.
(6)
Fee simple lots encompassing individual dwelling units may be freely disposed and arranged on a tract of land, provided they are super-imposed upon an approved site/subdivision plan for the subject development and meet the following provisions:
(a)
The boundaries of any fee simple lot shall not infringe upon the required tract boundary setbacks, wetlands, wetlands transition areas, stormwater management basins or other similar common elements or structures (e.g., parking lots, sidewalks, streets, etc.).
(b)
The fee simple lot shall not extend more than 15 feet from the rear of a dwelling unit and shall not extend more than eight feet from the side of an end dwelling unit except to encompass a driveway for a side entry garage.
E.
General requirements.
(1)
The development shall be connected to approved and functioning public sanitary sewer and water systems.
(2)
No direct vehicular access shall be permitted onto State Highway Route 31.
(3)
At least 50% of the market rate units in a mixed residential housing development shall be age-targeted attached one-family dwelling units.
(4)
Any development shall strive to maintain the existing trees onsite to the greatest extent possible.
(5)
No rear of any dwelling unit shall face West Franklin Avenue; no rear of any dwelling unit shall face Knowles Street unless sufficiently buffered. The existing streetscape along Knowles Street and West Franklin Avenue shall be enhanced with landscaping.
(6)
Any mixed residential housing development shall be conceived, designed, and preliminarily approved as a single entity, whether constructed all at one time or in stages over a period of time as a result of a phasing plan provided at the time of final site plan application and approved by the Planning Board.
(7)
The entirety of a mixed residential housing development shall be planned and developed with a common architectural theme which shall be subject to review and approval by the Planning Board; the architectural theme shall include the appearance of buildings, signing, fencing, lighting, paving, curbing, and landscaping. The architectural design and material surface and color of all building walls on all sides of all buildings shall be suitably finished for aesthetic purposes and shall be compatible in design and scale with the surface materials existing within the neighborhood.
(8)
All areas not covered by buildings or structures (e.g., parking lots, parking spaces, driveways, sidewalks, walkways, curbs, etc.) shall be suitably landscaped with grass, shrubs, and trees and shall be maintained in good condition.
(9)
Sidewalks shall be provided along all street frontages, except State Highway Route 31, and elsewhere throughout the development so as to provide connections to other areas in the Borough. Sidewalks only are required on one side of the internal streets within the development.
(10)
A mixed residential housing development shall provide adequate passive and/or active recreational facilities within the specified open spaces in order to satisfy the needs of the anticipated residential population of the development. All recreational facilities shall adhere to the standards set forth in the Barrier Free Subcode of the Uniform Construction Code of the State of New Jersey.
F.
Building requirements.
(1)
No dwelling unit shall contain more than three bedrooms.
(2)
Townhouses shall be at least 20 feet wide but no wider than 26 feet, with a maximum of eight units per building. No age-targeted dwelling unit shall exceed 35 feet in width, and no more than four units shall be attached in any one building.
(3)
The maximum size of any market rate dwelling unit shall be 2,500 gross square feet, excluding garages, cellars and those basements that are not considered a "story" by definition.
(4)
Strong architectural controls governing the appearance of the dwellings and lots shall be included in any homeowners' association documents and/or lease agreements and shall be subject to review and approval by the Planning Board.
(5)
All buildings shall have a dual-pitched, single-ridge roof (such as a true and complete gable, hip or gambrel roof or a mansard roof where the lower slope is steeper and deeper than the upper slope) with a minimum pitch of one foot vertical to eight feet horizontal.
(6)
All building facades shall have vertical and/or horizontal offsets to create visual breaks and articulation along each facade; long, monotonous, uninterrupted walls are not permitted.
(7)
Patios, balconies, first floor decks, and privacy fences may be permitted, subject to the specific approval by the Planning Board of specific standards and designs submitted as part of the site plan application and as included in the Homeowners' Association documents, provided that such decks are located in rear yard areas only. Affordable one-family apartment units may have second floor decks in any yard area, provided the decks are an integral design of the apartment building as approved by the Planning Board at the time of the original site plan application.
G.
Low- and moderate-income housing requirements.
(1)
For a mixed residential housing development, there shall be a minimum of 20% of the total number of dwelling units set aside as affordable dwelling units subsidized or otherwise made available to low- and moderate-income households in accordance with the "Substantive Rules" of the New Jersey Council On Affordable Housing (COAH).
(2)
The affordable dwelling units shall be dispersed throughout the development to the greatest extent possible. The appearance and the type of affordable units shall not be distinguishable from that of a market rate unit.
(3)
The affordable dwelling units shall meet the bedroom distribution requirements set forth in N.J.A.C. 5:80-26.3 and shall be constructed and marketed in accordance with COAH's prevailing rules and N.J.A.C. 5:80-26.1.
H.
Off-street parking requirements.
(1)
Each driveway leading to the garage of a residential unit shall be at least 18 feet in length, measured between the garage door and the curb or between the garage door and a sidewalk, whichever distance is less.
(2)
Dwelling units shall provide parking in accordance with the requirements of the residential site improvement standards (RSIS).
(3)
In instances where no on-street parking is permitted, designated off-street guest parking spaces shall be provided at a ratio of 1/2 space per market rate residential unit.
I.
Sign requirements. All signage shall be in accordance with the requirements specified in Article III, Sign Regulations, and specifically § 215-39 of this chapter, except as follows:
(1)
A mixed residential housing development shall be permitted one ground-mounted free-standing sign no larger than eight square feet in area identifying the name of the development along each street from which direct access is provided.
(2)
The permitted free-standing signs shall not exceed four feet in height and shall be set back at least five feet from all property and street lines.
(3)
The free-standing signs may be lighted, provided the lighting is exterior to the sign and is located at the top of the sign and focused downward onto the sign.
§ 215-78.2 Route 31 Corridor Business Overlay Zone.
[Added 7-7-2014 by Ord. No. 2014-5[1]]
A.
Purpose. The purpose of the Route 31 Corridor Business Overlay Zone is to create a mixed-use, pedestrian-friendly development that is aesthetically pleasing. The permitted uses are intended to be compatible with and complement each other to create a pedestrian-oriented shopping environment consistent with the character of the surrounding community. All new development and redevelopment on lands within the Route 31 Corridor Business Overlay Zone shall comply with the provisions of the Overlay Zone.
B.
Permitted primary uses.
(4)
Restaurants.
(5)
Banks and financial institutions.
(6)
Child-care centers.
(7)
Studios, including art, dance, music, etc.
(8)
Health clubs/exercise facilities.
(9)
Passive and/or active recreation areas.
(10)
Municipal services, including emergency response services.
(11)
A mixture of one or more of the aforementioned uses within a structure or on a parcel.
C.
Permitted secondary uses.
D.
E.
Prohibited uses. Any use not hereby specifically permitted in the Route 31 Corridor Business Overlay Zone is prohibited. The following uses are hereby specifically prohibited:
[Amended 8-9-2021 by Ord. No. 2021-9]
(1)
Retail uses where an individual store/tenant is greater than 10,000 square feet.
(2)
Auto repair, service, and/or gas stations.
(3)
Automobile sales.
(4)
Drive-through facilities related to a restaurant.
(5)
Cannabis cultivators, cannabis manufacturers, cannabis wholesalers, and cannabis distributors, medical cannabis cultivators, medical cannabis manufacturers and clinical registrants.
F.
Bulk standards.
(1)
Minimum lot size shall be 10,000 square feet.
(2)
Minimum lot width shall be 100 feet.
(3)
Setbacks for structures shall be as follows:
(4)
Minimum distance between buildings on the same property shall be 20 feet.
(5)
Maximum lot coverage shall be 65%.
(6)
Maximum building height shall be three stories and 40 feet.
G.
Off-street parking, automobiles.
(1)
General design standards.
(a)
All parking spaces within any parking area shall be clearly marked and maintained to show the parking arrangement within said parking area.
(b)
All parking spaces shall measure no less than nine feet in width by 18 feet in length.
(d)
Parking lots shall be interconnected with adjacent parking lots to facilitate vehicular and pedestrian circulation.
(e)
Parking lots shall be located to the side or rear of a building. A single row of parking shall be permitted within the front yard.
(2)
Schedule of off-street parking requirements.
(a)
The following nonresidential off-street parking requirements shall be followed:
[1]
Retail businesses: one space for each 300 square feet of building floor area.
[2]
Personal service establishments: one space for every 300 square feet of building floor area.
[3]
Business and professional offices, banks and financial institutions: one space for each 250 square feet of building floor area.
[4]
Child-care centers: one space for each 300 square feet of building floor area.
[5]
Studios and health club/exercise facilities: one space for every 400 square feet of building floor area.
[6]
Restaurants: one space for each three seats, plus one space for each two employees employed therein.
(b)
Shared parking. Nothing in the above requirements shall be construed to prevent the employment of shared parking, which may be implemented in one of two manners:
[1]
On-site shared parking. For parcels containing a multiple-occupant building or two or more buildings with different permitted uses, on-site shared parking may be implemented.
[a]
A shared parking allowance of 50% shall be permitted for combining weekday uses with evening/weekend uses in the same building or in separate buildings on the same parcel. Office and retail uses are considered to be weekday uses, while residential and restaurant uses are considered to be evening/weekend uses.
[b]
Fifty percent of the parking requirement of the evening/weekend use of the building may be met through parking already provided for the weekday use. For example, a building contains office space that requires 20 parking spaces and residential units that require eight parking spaces. The residential parking is permitted to be reduced by 50% or four parking spaces. Therefore, the development would only be required to construct 24 parking spaces instead of 28.
[2]
Off-site shared parking. For parcels that cannot accommodate all or a portion of their required parking spaces, the differential parking requirement may be shifted to an adjacent property determined by the Zoning Officer to have parking in excess of zoning requirements or parking that is demonstrated to be unused during normal hours of operation. This would require the submission of a memorandum of agreement between the two property owners, which demonstrates the shifting of parking spaces from one site to an adjacent site.
H.
Off-street parking, bicycle.
(1)
For retail uses, one bicycle space shall be provided for every 10 retail employees, and at least one bicycle space shall be provided for every 5,000 square feet of retail space for customers.
(2)
For nonresidential uses other than retail, one bicycle space shall be provided for every 10 workers, and at least one bicycle space shall be provided for every 10,000 square feet of space.
(3)
All bicycle racks shall be within 200 feet of the building entrance.
I.
Off-street loading requirements.
(1)
General requirements.
(a)
No off-street loading area or berth shall be located in any front or side yard except side yards for buildings on a corner lot. All loading areas/berths shall have unobstructed access that is at least 10 feet wide to and from a street. Such access may be combined with access to a parking lot.
(b)
All required loading areas/berths shall be on the same lot as the uses(s) to which they are accessory.
(2)
Schedule of off-street loading requirements.
J.
General requirements.
(1)
Landscaping. Any front or side yard with a parking area visible from the street shall be screened with a row of shrubs at least two feet high when mature. Street trees shall be planted along any street frontage 30 to 40 feet on center, and foundation plantings shall be included along the building facade. A landscaped or grass strip at least five feet wide shall be provided along the front and side yard property lines.
(2)
On-site circulation. Driveways with appropriate cross easements providing access between adjacent lots shall be permitted and provided where feasible. On-site circulation systems and parking areas shall be designed to accommodate the interconnection between adjacent lots.
(3)
Pedestrian access. Adequate and safe pedestrian access between uses or separate buildings in the development or on adjacent lots shall be provided, and the design of the development shall promote nonvehicular, pedestrian-friendly access, inclusive of bicycle racks, benches or other such amenities. Sidewalks shall be provided along street frontages and throughout the development.
(4)
Building design.
(a)
All buildings shall have a dual-pitched, single-ridge roof (such as a true and complete gable, hip or gambrel roof or a mansard roof where the lower slope is steeper and deeper than the upper slope) with a minimum pitch of one-foot vertical to eight feet horizontal. No flat roof shall be permitted; provided, however, that where roof-mounted equipment is necessary and/or preferable for the operation of the building, a facade roof treatment exhibiting the appearance of such a dual-pitched, single-ridge roof on all sides of the building may be permitted if specifically approved by the Planning Board as part of a submitted site plan application for the development.
(b)
All portions of all buildings on one lot shall be compatibly designed with a common architectural motif, whether constructed all at one time or in stages over a period of time. The architectural design and material surface and color of all building walls on all sides of all buildings shall be suitably finished for aesthetic purposes and shall be compatible in design and scale with the surface materials existing within the area.
L.
When effective. This section shall take effect upon passage and publication as provided by law.
[1]
Editor's Note: This ordinance also repealed former § 215-78.2, Affordable Housing Overlay Zone, added 12-27-2005 by Ord. No. 2005-17.