South Hackensack City Zoning Code
ARTICLE XII
MII District - Mixed Use II Zone
§ 208-58 Purpose.
A.
The purpose of the Mixed Use II (MII) Zone is to encourage greater flexibility in future land use and to provide for the coordinated development and redevelopment of the area.
B.
The goal of the district is to establish a mixed-use area with a compact design, which is pedestrian friendly with primary focus on the physical form and character of the area. Public spaces such as squares or greens are strongly encouraged in the design of any mixed use development.
C.
The purpose of this article is to establish rules, regulations, standards and procedures designed to promote the integrated and logical development of an area within the designated following Blocks and Lots Table on the Township's Official Tax Map:
Block | Lots | |
|---|---|---|
101 | 9, 10, 11.01, 11.02, 12, 13 | |
102 | 40, 61.01 | |
103 | 12.01, 12.02, 15, 18, 22 |
§ 208-59 Definitions.
Within the Mixed Use II (MII) District, the following words and terms shall have the definitions hereinafter provided:
A vertical distance of a building measured from the average natural grade immediately surrounding the foundation on which the building is located to the highest point of the roof.
A development with retail or commercial use on the ground floor and multifamily residential or office use on the upper floors.
§ 208-60 Permitted uses.
The intent of this zone is to permit and encourage mixed-use developments with retail or commercial use on the ground floor and multifamily residential or office use on upper floors.
A.
Residential.
(1)
Residential dwelling units on second story and above; no residential use is permitted on the ground floor.
(2)
Live/work units on second story and above; no live/work use is permitted on the ground floor.
(a)
Definition. A "live/work unit" is defined as a single unit (e.g., studio, loft, or one bedroom) consisting of both a commercial/office and a residential component that is occupied by the same resident. The live/work unit shall be the primary dwelling of the occupant.
(b)
Applicability. Live/work units are allowed in the Mixed Use (MII) Zone.
(c)
Provisions.
[1]
The commercial component of live/work units are intended for use only by the individual residing in the unit and further limited to the following occupations: accountants; architects; artists and artisans; attorneys, computer software and multimedia-related professionals; consultants; engineers; fashion, graphic, interior and other designers; home-based office workers, insurance, real estate and travel agents; one-on-one instructors; photographers, and similar occupations;
[2]
In addition to the permitted uses above, the approving board may authorize other uses using reasonable discretion, as long as such other uses are not otherwise precluded by law;
[3]
The residential and the commercial space must be occupied by the same tenant, and no portion of the live/work unit may be rented or sold separately;
[4]
Residential areas are permitted above the commercial component and to the side or in back of the business component, provided that there is internal access between the residential and commercial space;
[5]
The commercial component as designated on the floor plan approved by the board shall remain commercial and cannot be converted to residential use;
[6]
The residential component as designated on the floor plan approved by the board shall remain residential and cannot be converted to commercial use;
[7]
The commercial component shall be restricted to the unit and shall not be conducted in the yard, garage or any accessory structure;
[8]
The commercial component shall not detract from, or otherwise be a nuisance to, the residential character or appearance of the dwelling units;
[9]
Signage intended to promote on-site commercial uses shall be restricted in size to 18 inches in width by four inches in height and permanently affixed to the door or wall adjacent to the door of the business component;
[10]
Signage shall be developed in accordance with a master sign plan for the overall development site;
[11]
All advertising for on-site commercial uses shall clearly state "by appointment only" if the live/work address is used;
[12]
The total number of occupations at one address is limited to one;
[13]
The commercial use shall not generate vehicular traffic, in excess of normal residential traffic, which will interfere with residential traffic circulation or shall not cause more than three vehicles, including vehicles used by customers, vendors, or delivery services, to visit the premises per day;
[14]
The live/work unit shall be required to provide one parking space in addition to the required residential parking requirement pursuant to the RSIS;
[15]
No more than one employee (excluding residents of the dwelling unit) shall work or report to work on the premises, and the employment of any persons who do not reside in the live/work unit shall comply with all applicable building code requirements;
[16]
The commercial use shall not generate external noise, odor, glare, vibration or electrical interference detectable to the normal sensory perception by adjacent neighbors;
[17]
No explosive, toxic, combustible or flammable materials in excess of what would be allowed incidental to normal residential use shall be stored or used on the premises.
(d)
Prohibited commercial uses in live/work units.
[2]
The retail sale of food and/or beverages with customers arriving on site. This does not include online (Internet) sales and mail order;
[3]
Entertainment, drinking, and public eating establishments;
[4]
Veterinary services, including grooming and boarding, and the breeding or care of animals for hire or for sale;
[5]
Businesses that involve the use of prescription drugs;
[6]
Adult-oriented businesses, astrology, palmistry, massage, head shops, and similar uses;
[7]
Sales, repair or maintenance of vehicles, including automobiles, boats, motorcycles, aircraft, trucks, or recreational vehicles;
[8]
Trade or private schools. This excludes private instruction of up to one student at any one time (e.g., music lessons, tutoring);
[9]
Sales or manufacturing of any goods is prohibited in the live/work unit.
C.
Office.
§ 208-61 Prohibited uses.
B.
Laboratory or industrial uses.
C.
Wholesaling or warehousing.
D.
Automotive uses, including:
E.
Solid waste facility.
F.
Any cabaret or nightclub which, for the purposes hereof, is defined as a commercial establishment open to the public providing food and/or drink which also provides entertainment in the form of dancing by live performers other than the patrons thereof.
G.
Any sexually oriented adult entertainment as the same is defined in § 208-1 of this chapter as a principal use or as an accessory to a permitted use that is open to the public.
H.
Massage parlors.
I.
Poolrooms, billiard rooms or parlors.
J.
Dormitories.
§ 208-62 General requirements.
A.
Site plan approval shall be required for all development in the MII Zone.
B.
The site plan review shall consider solid waste management, lighting, pedestrian and vehicular circulation, parking location and arrangement, building siting and arrangement, signs, landscaping and open space.
C.
All facilities and utilities shall be reviewed and approved by the Township Engineer.
D.
All facilities shall be equipped with structures or equipment necessary to be capable of ensuring clear communication with the Township's radio communications system.
E.
All developers of property shall bear the costs of any upgrades or improvements required to be made to the wastewater conveyance and pumping system, potable water supply system and/or sanitary system.
§ 208-63 Bulk regulations.
A.
Minimum lot area (acreage): three acres.
B.
Minimum lot width: 300 feet.
C.
Minimum lot depth: 300 feet.
E.
Maximum impervious lot coverage: 70%.
F.
Maximum building coverage: 50%.
G.
Maximum density: 30 units per acre.
H.
Maximum building height (flat or shed roof): four stories or 48 feet.
I.
Maximum building height (mansard, gable, hip, and gambrel roofs): four stories or 55 feet.
J.
Maximum building length (side to side): 200 feet.
K.
Maximum building length (front to back): 130 feet.
L.
Bedroom distribution: No more than 5% of the proposed market-rate units shall be three-bedroom units. Bedroom distribution for COAH units shall comply with the Uniform Housing Affordability Controls (N.J.A.C. 5:80-26.1 et seq.).
M.
Building orientation: Principal buildings shall be oriented to and have frontage on public or internal streets or public spaces (such as a public square).
N.
Building separation.
(1)
Buildings located on the same lot must maintain a separation not less than the height of the taller building. (For example, if a building has a height of 40 feet then it must be no closer than 40 feet to another building on the same lot that is an equal or lesser height).
(2)
The Planning Board may reduce the building separation when two buildings are side to side, if in their opinion the reduction in side-to-side building separation furthers the overall goal of this article "to establish a mixed-use area with a compact design, which is pedestrian friendly with primary focus on the physical form and character of the area."
§ 208-64 Internal street requirements.
All internal streets must comply with Residential Site Improvement Standards (RSIS).
§ 208-65 Parking requirements.
A.
Sufficient off-street parking shall be required to meet the needs of the residents, employees and guests within the facilities in the Mixed Use II (MII) Zone. The following parking requirements shall apply:
(1)
Parking located in rear yard and properly screened from street.
(2)
Parking stall size: nine feet by 18 feet.
(3)
Aisle widths: 24 feet.
(4)
Landscaped islands that are a minimum of four feet in width provided in between parking spaces that are head to head and between any parking area and any adjoining street or other lot.
(5)
Parking areas must provide a minimum setback of five feet from any rear or side property line, except for when it is adjacent to a residential zone, the minimum setback requirement shall be 20 feet and must be suitably screened with suitable evergreen plants or trees.
(6)
Parking requirements for residential use shall comply with the Residential Site Improvement Standards (RSIS).
(7)
Required off-street parking requirements for nonresidential use shall comply with the following standards:
(a)
Commercial uses shall have one space for each 300 square feet of floor space.
(b)
Eating and drinking establishments shall have one space for each three seats.
(c)
Places of public assembly shall have one space per every two seats based on seating capacity.
(d)
Where there is more than one use on the premises, the required number of parking spaces shall be the sum of the components required.
(e)
For uses not listed above, required parking spaces shall be according to the category which most nearly approximates each particular use as determined by the Planning Board.
(f)
The parking requirements for professional or commercial uses shall be met within 200 feet of the site. The Planning Board or Board of Adjustment pursuant to N.J.S.A. 40:55D-76 shall review all off-street parking lots as provided in Chapter 192, Subdivision and Land Development, but in no case shall off-street parking be provided off site without Board approval, nor shall parking standards be less than those specified in the off-street parking requirements of the Code of the Township of South Hackensack.
(8)
All parking areas shall be located in the rear part of the lot behind a building and properly screened.
 |
B.
Parking structures are not to exceed a height of three stories or 35 feet but in no case shall be higher than any building; the intent is that it be hidden by the building and properly screened from the street. Parking structures are to be located behind principal buildings.
 |
C.
Parking spaces for residential development shall be in the amounts and standards set forth in the Residential Site Improvement Standards (RSIS).
D.
Parking spaces for commercial development shall be in accordance with the standards set forth in this Code for the particular proposed commercial use.
§ 208-66 Architectural standards and design guidelines.
A.
The intent is to generate buildings whose building form, including its massing and articulation, are compatible and in scale with one another to form an aesthetically pleasing development, and to prevent large monolithic and repetitive buildings.
B.
Any application for site plan approval of a development in the Mixed-Use II (MII) Zone shall provide architectural building plans and elevations and any other drawings or plans necessary to communicate the following additional information:
(1)
Building massing: The final built form of a building in terms of its physical size, shape and appearance, including its height, width and depth.
(2)
Building facade composition: The appearance of the building facade, including the relationship and grouping of doors, windows, awnings, building articulation and other architectural design features.
(3)
Windows and doors should be in scale and compatible with the type of building. Details including size, material, finish and color should be provided.
(4)
Elements and details. Specific architectural elements and details should be provided such as eave and cornice detail, porches, balconies etc.
(5)
Palette and combination materials. Building materials, textures and colors should be provided.
§ 208-67 Utilities, facilities, landscaping, lighting and pedestrian circulation.
A.
Refuse and recyclable materials shall be placed curbside or within enclosed trash receptacles in accordance with appropriate site plan approval.
B.
All utility wiring shall be underground. Utility connections for each separate apartment shall be independently or jointly metered as would be appropriate to the form of occupancy/ownership of the apartments.
C.
Open space areas shall be attractively landscaped. The landscape plan shall be subject to approval by the Planning Board. Any proposed development shall set aside a minimum of 20% of land area for landscaping.
D.
Sidewalks or other suitable means of pedestrian circulation shall be provided throughout the development along all streets and between buildings and any sidewalks within the public right-of-way. The materials for any walks shall be subject to the approving authorities' review and approval.
E.
A developer shall submit detailed lighting plans which shall be subject to the review and approval of the Municipal Engineer and/or retained lighting expert. Said lighting plan shall ensure adequate lighting for safety while limiting displacement of offsite spillage to generally accepted industry standards.
§ 208-68 Vehicle circulation.
All public streets, internal roadways and private driveways shall be in accordance with the requirements of the New Jersey Residential Site Improvement Standards.
§ 208-69 Signage.
All signage shall generally comply with the requirements of the South Hackensack code in Chapter 183, and in no case shall proposed signs exceed those requirements. The applicant shall be required to submit a master sign plan for the development for review by the approving board, and during review the board shall have the authority to regulate the location, type, number of signs and lighting. The overall goal of the sign plan is to ensure aesthetically pleasing signs that are compatible and in scale with the proposed development and other signs and that they are uniform in size, shape and color.
§ 208-70 Developments subject to applicable ordinances.
Any development in the Mixed Use II (MII) Zone shall be subject to all applicable ordinances of the Township of South Hackensack. Where there is any conflict between the provisions of this section and the provisions of the Site Plan Ordinance and/or the Land Subdivision Ordinance, the provisions of this section shall prevail.