Summit City Zoning Code

ARTICLE XIII

Zoning Regulations

§ 35-13.1 Zoning regulations.

The purpose of these zones is to provide for a variety of housing types designed to support and address the housing needs of a diverse population, to clearly define commercial and industrial areas and uses, and to provide transition zones between residential and nonresidential zones.

§ 35-13.2 R-5 Single and Two-Family Zone.

Purpose. The purpose of the R-5 Zone is to preserve the integrity of existing single- and two-family residential areas by preventing the intrusion of nonresidential uses into residential neighborhoods and by maintaining existing development intensity and population density consistent with single- and two-family residential neighborhood patterns. A compatible relationship between new or expanded houses and traditional neighborhood houses that reflect the best of the neighborhood character, particularly in terms of scale, siting, design features and orientation on the site is encouraged.

Permitted uses.

Principal uses.

Detached single-family dwellings.

Twin house dwellings.

Two-family dwellings.

Public parks and playgrounds.

Accessory uses:

Uses which are customarily incidental and accessory to the principal permitted use as regulated in §§ 35-9.8 and 35-9.9.

Conditional uses:

Houses of worship.

Educational institutions.

Supplementary requirements.

Twin houses shall be on adjacent lots of 5,000 square feet per dwelling unit by recorded agreement of owners and provided that side yards are doubled on unattached sides of the buildings.

Two-family houses shall be located on lots with a minimum lot area of 10,000 square feet.

All proposed work shall be in accordance with the design requirements set forth in the Development Regulations Ordinance and consistent with the Development Design Guidelines in the Appendix of this chapter,[1] which are illustrative of the design requirements.

[1]

Editor's Note: The Appendixes are included as attachments to this chapter.

§ 35-13.3 R-6, R-10, R-15, R-25 and R-43 Single-Family Zones.

Purpose. The purpose of the R-6, R-10, R-15, R-25 and R-43 Residential Zones is to preserve the integrity of existing single-family residential areas by preventing the intrusion of nonresidential uses into residential neighborhoods and by maintaining existing development intensity and population density consistent with single-family residential neighborhood patterns. A compatible relationship between new or expanded houses and traditional neighborhood houses that reflect the best of the neighborhood character, particularly in terms of scale, siting, design features and orientation on the site is encouraged.

Permitted uses.

Principal uses.

Detached single-family dwellings.

Public parks and playgrounds.

Accessory uses.

Uses which are customarily incidental and accessory to the principal permitted use as regulated in §§ 35-9.8 and 35-9.9.

Conditional uses.

Houses of worship.

Educational institutions.

Recreational facilities, private (R-43 only).

Enclosed public utility buildings (R-10 and R-6 only).

Supplementary requirements.

[1]

Editor's Note: The Appendixes are included as attachments to this chapter.

§ 35-13.4 TH-1 Townhouse 1 Zone.

Purpose. The purpose of the TH-1 Zone is to implement an agreement dated November 13, 2001, between the City of Summit and the Planning Board for the City of Summit; and Summit View LLC and Stephens Miller Company (hereinafter "Summit/Stephens Miller Settlement"). This zone is intended to permit a townhouse development that is compatible with the surrounding residential neighborhood.

Permitted uses.

Principal uses.

Townhouses subject to the requirements as imposed by this subsection and other provisions of the DRO consistent herein.

Accessory uses.

Uses which are customarily incidental and accessory to the principal permitted use as regulated in §§ 35-9.8 and 35-9.9.

Conditional uses.

None.

Supplementary requirements.

[1]

Editor's Note: The Appendixes are included as attachments to this chapter.

Minimum perimeter setback: 50 feet adjacent to any residential zone; 20 feet adjacent to any nonresidential zone or railroad right-of-way. Within the setback, no aboveground buildings or structures, or off-street parking areas shall be permitted except utilities (catch basins, manholes and other pertinent items in connection with underground stormwater detention facilities), fences, retaining walls, and access driveways except as set forth in Subsection C3 and 4 below. Patios and decks not more than 18 inches high shall not encroach more than 10 feet into the required setback. The maximum height of a retaining wall shall not exceed three feet, with an allowable exception that no more than 10% of the length of the wall may be permitted to a maximum height of four feet, so long as any retaining wall greater than three feet in height shall not be visible from a residential use or district. No deck floor over 18 inches above grade shall be permitted in any setback.

Minimum setback of access driveways abutting residential uses or zones: 20 feet.

Minimum setback of access driveways abutting railroad right-of-way and nonresidential uses or zones: 10 feet. An enhanced evergreen landscaped buffer shall be required.

The Planning Board may require the applicant to supplement any existing vegetation with additional landscaping and/or fencing. An enhanced evergreen landscaped buffer shall be required to screen the access driveways from adjacent land uses.

Minimum setback from building to edge of access driveway: 25 feet.

Minimum distance between buildings: 20 feet.

Permitted encroachments into the setbacks and yards: chimneys (not more than 24 inches); overhangs, bay windows, trellis (front yard only).

Maximum number of units per building: six.

10.

Required parking: two parking spaces per unit shall be garaged.

11.

Accessory uses or structures are not permitted between the building and the access driveway.

12.

No public roadways shall be provided within the tract. Access driveways shall be a minimum of 22 feet in width with battered curbs.

13.

Trash/recycling containers shall be housed in garages and placed at the curb the night before or the morning of collection.

14.

One freestanding sign shall be permitted along the Russell Place frontage. The sign shall not exceed 12 square feet in area, three feet in height and shall not intrude into the sight triangle.

15.

No backlight signs or those in which letters are silhouetted against a light background are permitted. External lighting may be permitted.

16.

No fences shall be permitted along the Russell Place frontage.

Mandatory contribution to Affordable Housing Trust Fund. The right to develop townhouses is subject to the payment of a Mt. Laurel fee based upon the following formula: a fee which shall be the sum of 20% multiplied by the number of market rate units approved for construction multiplied by $20,000 (the "base payment"); and in addition, if any unit sells for more than $400,000 after adding the cost to the purchaser of the extras to the contract sales price, a surplus payment fee equivalent to 6% of the portion of the sales price over $400,000.

Compliance with Summit/Stephens Miller Settlement. An essential and nonseverable condition of any approval to develop in this TH-1 Zone shall be full compliance with the Summit/Stephens Miller Settlement. All standards of the DRO shall apply; however, where the provisions of this subsection conflict with other provisions of the Summit DRO, the provisions of this subsection shall control.

§ 35-13.5 TH-2 Townhouse 2 Zone.

Purpose. The TH-2 Zone is intended to permit the development of low-density townhouses with a themed architectural design that is compatible with the adjacent single-family residential neighborhood. The zone takes advantage of its proximity to the downtown, the train station and other community amenities.

Permitted uses.

Principal uses.

Townhouses.

Single-family detached dwellings subject to the requirements of the R-10 Zone.

Accessory uses.

Uses which are customarily incidental and accessory to the principal permitted use as regulated in §§ 35-9.8 and 9.9.

Conditional uses.

None.

Supplementary requirements.

Minimum setbacks of buildings. No principal building shall be located closer than 100 feet to Prospect Street and 150 feet to Tulip Street, 25 feet from any property line and 15 feet to any private accessway.

Minimum buffer setbacks. Seventy-five feet along Prospect Street and 150 feet along Tulip Street.

Access driveways. No access driveway shall be permitted from Tulip Street.

Minimum distance between buildings.

End wall to end wall (no windows): 12 feet.

Any window wall to end wall: 30 feet.

Window wall to window wall: 60 feet.

Other requirements.

Minimum four-foot building offset shall be provided for each two attached single-family units.

Maximum number of units in a building: six.

Accessory structures shall harmonize architecturally with and be constructed of materials of like character to those used in the principal structure.

Common open space shall meet the requirements of N.J.S.A. 40:55D-43.

Design requirements. The following criteria should be considered in the design of townhouse developments:

[1]

Editor's Note: The Appendixes are included as attachments to this chapter.

The design of the townhouse structures and overall site plan should be compatible with the physical characteristics of the site, with buildings adjacent to the site, and with the character of the neighborhood.

The natural vegetation and topography of the site should be preserved to the maximum extent possible.

Any building rear yard shall be screened from the public right-of-way with fencing or landscaping to the maximum extent possible.

A maximum of two common driveways shall be permitted from Prospect Street in the TH-2 Zone. However, one of these two driveways may utilize a common access driveway in the adjacent B-1 District, provided that common access driveway is at least 150 feet from any intersection.

Use of existing driveways shall be encouraged to minimize disturbance to the maximum extent possible.

Freestanding walls up to seven feet in height are permitted in the front yard setback, but outside the front yard buffer along Prospect Street.

§ 35-13.6 MF Multifamily Zone.

Purpose. The purpose of the MF Zone is to permit multifamily residential uses at appropriate densities at locations accessible to commercial services and public facilities.

Permitted uses.

Principal uses.

Detached single-family dwellings subject to the requirements of the R-5 Zone.

Twin house and two-family dwellings subject to the requirements of the R-5 Zone.

Townhouses.

Apartments.

Condominiums.

Public parks and playgrounds.

Accessory uses.

Uses which are customarily incidental and accessory to the principal permitted use as regulated in §§ 35-9.8 and 35-9.9.

Conditional uses.

Houses of worship.

Institutional uses.

Educational institutions.

Supplementary requirements.

[1]

Editor's Note: The Appendixes are included as attachments to this chapter.

§ 35-13.7 MFT Multifamily Tower Residential Zone.

Purpose. The MFT Zone is intended for multifamily apartments in a range of building types.

Permitted uses.

Principal uses.

Detached single-family dwellings subject to the requirements of the R-5 Zone.

Twin house and two-family dwellings subject to the requirements of the R-5 Zone.

Townhouses.

Apartments.

Condominiums.

Assisted living.

Accessory uses.

Uses which are customarily incidental and accessory to the principal permitted use as regulated in §§ 35-9.8 and 35-9.9.

Conditional uses.

Houses of worship.

Educational institutions.

Supplementary requirements.

[1]

Editor's Note: The Appendixes are included as attachments to this chapter.

§ 35-13.8 MF/TOD Multifamily/Transit Oriented Development Zone.

Purpose. The purpose of the MF/TOD Zone is to permit residential uses designed as a residential cluster at higher densities at locations within walking distance to commercial services and public transit facilities. The zone will be designed to serve as a transitional zone between the R-5 and CRBD Zoning Districts. While modeled on the MF Zone, the MF/TOD Zone will permit additional density bonuses based on utilization of smart growth principles and sustainable design practices. New development will be consistent with the architectural styles and attributes represented within the adjacent residential neighborhood, and the impact of additional car traffic will be minimized through the required site design.

Permitted uses.

Principal uses.

Residential clusters, which may include the following housing types:

(1)

Detached single-family dwellings.

(2)

Twin house and two-family dwellings.

(3)

Townhouses.

(4)

Brownstones.

(5)

Multifamily units as described.

Public parks and playgrounds.

Accessory uses.

Uses which are customarily incidental and accessory to the principal permitted use as regulated in §§ 35-9.8 and 35-9.9.

Conditional uses.

None.

Supplementary requirements.

The bulk requirements for the zone are as shown in the Schedule of Space Regulations located in the Appendix at the end of this chapter.[1]

[1]

Editor's Note: The Appendixes are included as attachments to this chapter.

The grade plane, however, for purposes of computing the thirty-five-foot maximum height of any proposed building in the Multifamily/Transit Oriented Development Zone (MF/TOD), shall be the average of the grade plane along the project frontage on Franklin Place; provided, however, that the ridgeline of any other building not fronting on Franklin Place shall not exceed the ridgeline of those buildings located along the project's frontage on Franklin Place.

All proposed work shall be in accordance with the design requirements set forth in the Development Regulations Ordinance and consistent with the Development Design Guidelines in the Appendix of this chapter,[2] which are illustrative of the design requirements.

[2]

Editor's Note: The Appendixes are included as attachments to this chapter.

While a variety of housing types are permitted, lots must be consolidated and developed as a residential cluster.

The site design shall be such that, regardless of housing type, there shall be a unified parking area which is served by a single two-way driveway.

Parking provided pursuant to residential site improvement standards ("RSIS"), N.J.A.C. 5:21 et seq., must be accommodated on-site and located in the side and/or rear yard. However, the City does encourage alternative transportation mechanisms to balance the density and the vehicular impacts of that density on the neighborhood. (See "Off-street parking," Subsection D of this section.)

A density bonus has been offered for structured parking which is either entirely below grade or substantially below grade and whose roof is landscaped and accessible to the site residents. An alternative density bonus has been offered for covered parking that provides either a vegetated roof or solar panels. (See "Density incentives"[3]).

[3]

Editor's Note: See § 35-13.8C13c.

Regardless of whether the building type is single- or two-family detached or multifamily development, all buildings shall incorporate pitched roofs (with a minimum pitch of eight inches on 12 inches), front doors, and either porticoes or front porches.

For all building types, buildings that front on and/or are visible from the street shall present themselves as a series of individual homes with individual entrances opening to the street, with a minimum of one front door for every three dwelling units. Such housing shall also incorporate architectural treatments such as horizontal and vertical articulation to break up the mass of the buildings.

10.

As the streetscape, open space, landscaping and/or green roofs/plazas are all possible elements integral to the overall development, it is recommended that a certified landscape architect shall be retained by the developer from the project's inception. This professional should work with the project team to develop the elements as identified as well as to assist in the incorporation of other LEED and site attributes into the overall development and streetscape.

11.

Affordable housing pursuant to the City's Housing Element/Fair Share Plan and/or as determined by the City's housing professionals and Common Council shall be provided.

12.

A density bonus has been offered to incorporate green building and sustainable development practices within the zone. The development team will be guided by and the bonuses assigned will be measured utilizing the LEED Neighborhood Development (ND) rating system or LEED New Construction (NC) building rating system as the City's intent is to integrate the principles of smart growth and green building into the Zoning Ordinance. Any bonuses awarded or assigned shall be conditioned upon the receipt of LEED ND and/or LEED NC certification by the project and/or all the individual buildings.

13.

Permitted density shall be calculated as follows:

In calculations of density where a number is a fraction or includes a fraction of the whole, for the purposes of this subsection it shall be rounded up.

Residential density. Base density of 12 units per acre. Density may be increased up to a maximum of 17 units per acre through bonuses as described below. All housing forms must meet the bulk requirements as specified in the Schedule of Space Regulations located in the Appendix at the end of this chapter.[4]

[4]

Editor's Note: The Appendixes are included as attachments to this chapter.

Density incentives. Multiple incentives are offered to encourage projects to develop in a manner that supports the general welfare by providing long-term operational cost savings via sustainability initiatives and/or additional open space through landscaping above below-grade parking or provision of solar panels or a vegetated roof covering at-grade parking. These incentives are in the form of additional dwelling units as it is believed that the overall health, safety and welfare of the community is enhanced by their use. The applicant may elect to incorporate incentives, increasing the density to a maximum of 17 units per acre as shown below. However, the overall density utilizing the maximum incentives shall not exceed 17 units per acre. The following incentives are optional, and eligibility is subject to the satisfaction of the criteria identified and approval by the Planning Board.

(1)

Structured below-grade parking. If 85% of the site's parking requirements are provided below or substantially below grade and the rooftop of the parking structure not beneath the dwelling units is landscaped and developed as part of the residential cluster's required common open space and accessible to all residents of the development, the following density bonus will be applied:

(a)

3.0 additional units per acre.

(b)

Below-grade parking as identified shall not be counted toward the permitted Floor Area Ratio. The top of the parking structure may rise no more than three feet above grade as measured from the top of the street curb.

(2)

If 85% of the parking provided is aboveground covered parking, and the roof of the structure is covered with solar collectors and/or a green (living) roof, the following density bonus will be applied:

(a)

1.0 additional unit per acre.

(3)

LEED certification. The developer may choose to design the project to meet the eligibility requirements for LEED ND or LEED NC certification and include commissioning or an appropriate methodology to quantify the benefits and reduction in environmental impacts of the overall development. The developer and the development team shall work in concert with the City and Planning Board to achieve the goals identified in this subsection and the LEED rating system utilized. A method for monitoring the project shall be established prior to site plan approval and shall be completed within a time frame acceptable to the Planning Board, with updates provided by the developer at mutually agreed-upon intervals in the approval process. The monitoring method, and the time frame for its completion, shall be incorporated within any resolution of approval for the project. The bonuses offered are as follows:

(a)

LEED ND/NC silver: 1.0 units per acre.

(b)

LEED ND/NC gold: 2.0 units per acre.

Off-street parking.

Minimum off-street parking. The project shall meet the parking requirements set forth in residential site improvement standards, N.J.A.C. 5:21 et seq. It is further recommended that the parking plan and traffic impact statement include information and discussion regarding the following:

Car-share programs; their availability to the development, neighborhood and to the community and whether adequate numbers of vehicles are available to the community; and

Evidence that transportation alternatives will be offered and affirmatively promoted in the marketing strategy for the project.

It is recommended that the applicant submit a concept plan to the Planning Board to discuss the overall architectural and site design, landscaping, open space, circulation, LEED rating system proposed, and the intended density based on the bonuses chosen.

§ 35-13.9 RAH-1 Affordable Housing Zone.

Purpose. The RAH-1 contains a density bonus to permit single-family development at an increased density in return for a monetary contribution to the City's Affordable Housing Fund. This single-family zone shall apply solely to the property designated as Lots 15.01 through 15.13, Block 1405, on the City Tax Map.

Permitted uses.

Principal uses.

Detached single-family dwellings.

Accessory uses.

Uses which are customarily incidental and accessory to the principal permitted use as regulated in §§ 35-9.8 and 35-9.9.

Conditional uses.

None.

Supplementary requirements.

Maximum number of lots: not to exceed the number calculated by dividing the gross area of the property to be developed by 15,000 square feet.

Minimum setback from railroad right-of-way: 50 feet.

Fences. Permitted in rear and side yards only; side yard fences shall not exceed four feet in height.

[1]

Editor's Note: The Appendixes are included as attachments to this chapter.

Affordable housing contribution.

In return for the density bonus provided by this zone, a contribution in the amount of $20,000 per bonus unit shall be paid to the Affordable Housing Fund provided in this chapter.

The number of bonus units shall be calculated based upon the difference in the lot count between an approved plat under this zone and a conforming plat under the provisions otherwise applicable in the R-15 Zone.

The required contribution shall be payable on a pro rata basis (applicable to all approved lots) prior to the issuance of individual certificates of occupancy.

§ 35-13.10 CRBD Central Retail Business District Zone.

Purpose. The CRBD Zone constitutes the bulk of the City's central downtown area immediately north of the Summit train station. This zone is intended to serve as a pedestrian-oriented mixed-use district, with retail facilities and services to be primarily related to existing street frontage. It is the intent of the City to preserve and enhance the pedestrian environment, promote a diverse mix of compatible land uses, maintain historic structures and promote quality design that exemplifies the character of the City as a whole and within this particular area of the community. Development within the CRBD shall relate harmoniously with its surroundings.

Permitted uses.

Principal uses.

Retail sales.

Offices, provided that offices located on the first floor shall not face a street, excluding an entryway not to exceed 10 feet in width and where a permitted use occupies a contiguous area of minimally 1,500 square feet between the office use and right-of-way, the intent of which is to prevent the office use from being readily visible from the public right-of-way.

Restaurants and other eating establishments, except that drive-in or drive-through facilities shall not be permitted.

Insurance offices and financial institutions, except that such uses shall not be located on the first floor facing a street unless they provide direct customer services either through tellers or automated bank machines. Drive-through facilities shall not be permitted.

Residential uses above the first floor.

Theaters, including movie theaters, performing arts centers and event spaces for arts and entertainment.

Personal service facilities, except coin-operated laundries. Personal training and tutoring, provided they are not located on the first floor facing the street.

Retail service facilities, provided that security and commodity brokers, dealers, exchanges and services; telephone services; and income tax preparation services (except when temporary in nature) shall not be located on the first floor facing a street.

Instructional schools and studios, including, but not limited to, dance, yoga, exercise, culinary, creative arts and crafts, music, martial arts and academic and athletic instruction, subject to the design requirements provided in § 35-13.10C2.

Health clubs subject to § 35-13.10C2 where located on the first floor facing a street.

Lodges and social clubs above the first floor.

Galleries and museums.

Indoor recreational uses, including, but not limited to, such facilities as active recreational uses, roller and ice skating rinks, racquetball and squash facilities, bowling alleys, arcades, escape rooms, billiards, educational play centers and virtual experience centers, except adult entertainment. Indoor recreational uses expressly prohibited in the CRBD include tennis and soccer facilities and shooting ranges.

Breweries, wineries, distilleries and related uses, including brewpubs, microbreweries, tasting rooms, wine making and similar activities which allow for public consumption on the premises and have proper licensing as required by New Jersey State Alcohol and Beverage Control. Such uses shall have a maximum gross floor area of 3,000 square feet designated for production activities and a minimum of 15% of the gross floor area designated as common or service areas available to patrons, including, but not limited to, tasting rooms, seating areas, restrooms, corridors, etc., distinguished from production areas. Tasting rooms, seating areas and similar spaces shall be located in the front or storefront of the building as can be readily observed from street.

Private clubs above the first floor.

Temporary/seasonal uses, limited to three months in duration and including holiday businesses and services, political offices and tax preparation.

Accessory uses.

Uses which are customarily incidental and accessory to the principal permitted use as regulated in §§ 35-9.8 and 35-9.9.

Conditional uses.

None.

Supplementary requirements.

[1]

Editor's Note: The Appendixes are included as attachments to this chapter.

Instructional school and studios in the CRBD Zone located on the first floor shall comply with the following design requirements:

A minimum of 60% of the street-facing facade that is between two feet and eight feet in height must be comprised of clear windows.

Doors shall be provided with at least 40% of glass panels in order to maximize the visibility of the interior space.

Windows shall not be obscured with elements that prevent pedestrians from seeing inside.

Window displays shall not include full-height backdrops that block view into the interior space.

§ 35-13.11 B Business Zone.

Purpose. The B Zone is intended for the conduct of general business to which the public requires direct and frequent access as prime customers, clients, or patients.

Permitted uses.

Principal uses.

Retail sales, except that drive-through facilities are prohibited.

Offices.

Restaurants and other eating establishments, except that drive-through facilities shall not be permitted.

Financial institutions, except that drive-through facilities are prohibited.

Residential uses above the first floor.

Theaters.

Personal service facilities.

Retail service facilities.

Dance schools and studios.

Health clubs.

Lodges and social clubs above the first floor.

Funeral parlors.

Institutional uses.

Instructional schools.

Automobile sales.

Private clubs.

Adult day care.

Accessory uses.

Uses which are customarily incidental and accessory to the principal permitted use as regulated in §§ 35-9.8 and 35-9.9.

Conditional uses.

Gasoline service stations.

Automotive repair.

Houses of worship.

Supplementary requirements.

[1]

Editor's Note: The Appendixes are included as attachments to this chapter.

§ 35-13.12 B-1 Business-1 Zone.

Purpose. The intent of the B-1 Zone is to provide adaptive reuse of, and maintain, an existing building in a manner sensitive to neighboring residential development.

Permitted uses.

Principal uses.

Office buildings.

Child-care centers.

Private clubs.

Accessory uses.

Uses which are customarily incidental and accessory to the principal permitted use as regulated in §§ 35-9.8 and 35-9.9.

Conditional uses:

None.

Supplementary requirements.

Common driveways are permitted to access both office development in the B-1 Zone and residential development in the adjacent TH-2 Zone.

[1]

Editor's Note: The Appendixes are included as attachments to this chapter.

§ 35-13.13 NB Neighborhood Business Zone.

Purpose. The primary function of this zone is to offer a mix of residential uses and convenient commercial services that are compatible with the nearby residential neighborhood and minimize impacts of such development on adjacent residential areas. The commercial uses are relatively small in scale and are related to the day-to-day needs of nearby residences. Buildings often contain a mix of street level commercial and residential on the upper floors.

Permitted uses.

Principal uses.

Retail sales and services.

Personal service facilities.

Professional offices.

Dance schools and studios.

Restaurants and other eating establishments except that drive-in or drive-through facilities shall not be permitted.

Principal permitted uses found in the R-5 Residential Zone, subject to the standards of that zone.

Residential uses above the first floor.

Financial institutions except that drive-through facilities shall not be permitted.

Adult day care.

Private clubs.

Accessory uses:

Uses which are customarily incidental and accessory to the principal permitted use as regulated in §§ 35-9.8 and 35-9.9.

Conditional uses:

Houses of worship.

Philanthropic uses.

Supplementary requirements.

[1]

Editor's Note: The Appendixes are included as attachments to this chapter.

No parking shall be permitted between the front building facade and the street right-of-way.

No single building on a lot shall contain more than 10,000 square feet of gross floor area.

All new buildings and any existing buildings that are expanded shall contain at least two stories above grade.

The roof pitch on all new buildings and on existing buildings where a second floor is added or created shall be a minimum of 4:12.

Each business establishment shall have a visually prominent entrance from the street right-of-way.

Use of shared driveways shall be encouraged.

A five-foot landscaped buffer shall be required along the rear property line. If parking is located in the rear, this buffer shall be in addition to the requirements of § 35-14.1L and P below.

Parking areas shall be screened from view of adjacent residential zones by landscaping, fencing, or a combination thereof to create a buffer at least five feet wide and at least five feet tall and shall provide screening of vehicles in all seasons.

10.

Trash disposal areas shall be located as far from residential zone boundaries as possible.

11.

Lighting shall be located no closer than eight feet from an adjoining residential district and shall not exceed eight feet in height. Lighting shall be designed to avoid up-lighting or halo effect with fixtures incorporating shielding/cutoffs to prevent spillage off-site and on adjacent residential properties.

§ 35-13.14 ORC Office Residential Character Zone.

Purpose. The purpose of the ORC Zone is to allow the conversion of existing residential structures for office uses, while preserving the historic character, scale and features of the buildings and the streetscape.

Permitted uses.

Principal uses.

One- and two-family residential dwellings subject to the R-5 Zone requirements.

Offices; professional offices.

Mixed-use structures of office suite(s) and one or more residential unit(s). Residential dwelling units and office suites shall contain a minimum of 500 square feet each.

Multifamily dwellings.

Private clubs.

Accessory uses.

Uses which are customarily incidental and accessory to the principal permitted use as regulated in §§ 35-9.8 and 9.9.

Conditional uses.

Houses of worship.

Philanthropic uses.

Supplementary requirements.

Buffer. A five-foot landscaped buffer shall be required along each side yard, and a seven-foot landscaped buffer shall be required along the rear property line.

Parking.

No parking shall be permitted in the required front yard or between any part of the front building facade and the street right-of-way line.

Parking areas shall be screened from view of adjacent residential zones, existing residential uses and public roads by landscaping, fencing or a combination of these to create a buffer at least five feet in height. Landscaping shall contain a mix of deciduous and evergreen plantings sufficient to screen the view of vehicles in all seasons.

Design requirements.

All uses in the ORC Zone shall maintain the character and architecture of the existing structure and shall also meet the standards of this section and the design standards in Article XIV and other applicable provisions of this chapter.

New construction. New construction shall be compatible with the residential character of the surrounding buildings and neighborhood and shall also meet the standards of this section and the design requirements in Article XIV and other applicable provisions of this chapter.

[1]

Editor's Note: The Appendixes are included as attachments to this chapter.

Building design requirements.

Rooftop mechanical equipment shall be screened from public view by architecturally compatible materials. Ground-level mechanical equipment, such as air-conditioning equipment, generators, utility boxes and meters, shall be screened by landscaping, walls or fencing.

A minimum of one primary building entrance shall be incorporated into the front facade. Sidewalks shall be provided within the front yard area for access from the existing sidewalk system.

The visual character of buildings along street frontages and entryways shall encourage pedestrian access.

Existing open porches that are visible from the right-of-way shall not be enclosed and shall not be included in the calculations of floor area ratio. Any porch that is enclosed will be included in the calculation of floor area ratio.

Fire escapes are prohibited on the front facade of buildings. On corner lots, both facades facing the street shall be considered front facades.

Trash disposal.

Trash disposal areas shall be enclosed on all sides and located as far from residential zone boundaries as possible, but in no case shall they be located within seven feet of any adjacent residential zone or use.

Trash disposal areas are prohibited between the front facade and the street right-of-way and shall be screened from view from the street right-of-way.

Storage. All provisions and facilities for storage, other than pickup of refuse and recyclables, shall be contained within a principal building.

§ 35-13.15 ORC-1 Office Residential Character-1 Zone.

Purpose. The purpose of the ORC-1 Zone is to provide flexibility in the zone and allow the conversion of existing residential structures for mixed use and office uses, while preserving the historic character, scale and features of the buildings and the streetscape, limiting the amount of building and lot coverage and setting standards that will help preserve the residential character of the properties in the zone.

Permitted uses.

Principal uses.

Detached single-family dwellings subject to the R-10 Zone requirements.

Offices; professional offices; only if incorporated within and maintaining an existing structure.

A mixed-use structure only if incorporated within and maintaining an existing structure. The use shall balance office suite(s) and up to four residential units. Residential dwelling units and office suites shall contain a minimum of 500 square feet each. Office uses shall be permitted on the first floor only.

Private clubs.

Accessory uses.

Uses which are customarily incidental and accessory to the principal permitted use as regulated in §§ 35-9.8 and 35-9.9.

Conditional uses:

Houses of worship.

Philanthropic uses.

Supplementary requirements.

[1]

Editor's Note: The Appendixes are included as attachments to this chapter.

Buffer.

A ten-foot landscaped buffer shall be required along each side yard and along each rear property line.

The landscaped buffer shall include a mix of columnar evergreen trees and deciduous trees, preserving wherever possible existing, mature trees.

Parking.

No parking shall be permitted in the required front yard or between any part of the front building facade and the street right-of-way line.

Driveways. Shared driveways between adjacent properties are strongly encouraged.

Lighting.

All lighting shall conform to general regulations in Article XIV, as modified herein.

Lighting shall be located no closer than eight feet to a property line and shall be no higher than eight feet in height.

Light fixtures shall be of a shoebox or similar design to avoid any up-lighting or halo effect. Fixtures shall be shielded to prevent spillage onto adjacent properties.

Design requirements.

All uses in the ORC-1 Zone shall maintain the character and architecture of the existing structure and meet the standards of this section and the design requirements in Article XIV and other applicable provisions of this chapter.

New construction. All new construction shall be designed with a pitched roof with a minimum slope of 6:12 and shall be compatible with the residential character of the surrounding buildings and neighborhood and shall also meet the standards of this section and the design requirements in Article XIV and other applicable provisions of this chapter.

Development shall adhere to the design requirements set forth in Article XIV and design guidelines located in the Appendix at the end of this chapter.

Building design requirements.

A minimum of one primary building entrance shall be incorporated into the front facade. Sidewalks shall be provided within the front yard area for access from the existing sidewalk system.

The visual character of buildings along street frontages and entryways shall encourage pedestrian access.

Fire escapes are prohibited on the front facade of buildings. On corner lots, both facades facing the street shall be considered front facades.

There shall be one principal building per lot. All principal and accessory buildings, including attached and detached garages, shall not exceed a combined floor area of 7,500 square feet per building lot.

Shade trees.

To enhance the residential character of the lots in this zone, shade trees shall be part of the overall landscape plan.

Existing shade trees in good condition shall be preserved wherever possible.

Shade trees shall be provided within the parking area and the buffer areas and shall be included in other areas as appropriate for the overall landscape plan.

Trash disposal.

Trash disposal areas shall be either interior to the building or located as far from residential zone boundaries as possible, but in no case shall they be located within 10 feet of any adjacent residential zone or use.

Trash disposal areas are prohibited between the front facade and the street right-of-way and shall be screened from view from the street right-of-way.

10.

Storage. All provisions and facilities for storage, other than pickup of refuse and recyclables, shall be contained within a principal building.

§ 35-13.16 LI Light Industrial Zone.

Purpose. The LI Zone is intended to permit the manufacture and warehousing of small and lightweight packaged items. The uses and activities permitted in this zone shall not generate nuisances that will negatively impact the adjacent neighborhoods.

Permitted uses.

Principal uses.

Research laboratories.

Product development laboratories.

Offices having a parking requirement of no more than one space per 300 square feet of gross floor area.

Printing facilities.

Warehousing of lightweight materials.

Manufacturing of small packaged items such as drugs and pharmaceuticals.

Health clubs.

Breweries, distilleries and winemaking, which may or may not include facilities for on-site public consumption.

Self-storage facilities.

Indoor recreation and sports facilities.

Urgent care facilities.

Adult day-care facilities.

Accessory uses.

Uses which are customarily incidental and accessory to the principal permitted use as regulated in §§ 35-9.8 and 35-9.9.

Conditional uses.

None.

Supplementary requirements.

[1]

Editor's Note: The Appendixes are included as attachments to this chapter.

§ 35-13.17 PROD Planned Research Office Development Zone.

Purpose. The PROD Zone is intended to permit a specialized range of uses which will strengthen the local economy by expanding job opportunities and diversifying the City's tax base in a manner which is consistent with the overall character of the City and compatible with surrounding uses and facilities. The zone is intended to accommodate offices, scientific and applied research facilities, and uses dedicated to the development and application of technology and production techniques. The nature, scale, and function of such uses shall be limited and regulated to ensure that they pose no significant or unusual risk to the public health, safety, and welfare; generate a minimum of noise, heat, glare, odor, dust, vibration, or other nuisances; emit no harmful radiation or pollution of the air, water, or ground; and pose a minimum of traffic, fire, and other safety hazards. The design and development of land and facilities in the zone will be regulated to create a well-planned environment with attractive buildings and structures, well-landscaped buffer and yard areas, and screened access and storage facilities. To achieve these objectives, the zone requires the integrated planning of large tracts of land while permitting phased development to minimize disruptions and instability for existing nearby residents.

Permitted uses.

Principal uses.

Scientific, testing, analytical, research and product development laboratories exclusively devoted to research, design, and testing or experimentation, including processing or fabricating that is clearly incidental to the principal uses, and, except as set forth in Subsection B1a(5) and (6) below, specifically excluding the manufacturing, distribution, packaging or fabricating on the premises of materials or finished products for sale to the general public.

(1)

Administrative, corporate, research and general offices.

(2)

Computer centers, data processing and communications.

(3)

Pharmaceutical research and development operations which includes discovery through clinical trials.

(4)

Pilot plants.

(5)

Research and development, including the clinical development and processing needs for the delivery of human treatments involving chimeric antigen receptor T-cells (CAR-T) therapies and biotherapeutic therapies (targeted therapies that are processed and designed specifically for each individual patient for their exclusive use).

(6)

Commercial production and processing: the commercial production and processing of CAR-T and biotherapeutic therapies for sale and delivery to hospitals, medical facilities and medical professional authorized to administer the CAR-T and biotherapeutic therapies to the intended individual patients. Patient treatment visits at the facility are not permitted, except for discovery through clinical trials as permitted herein.

Accessory uses.

Child-care centers.

Buildings, structures and uses owned or operated by the City of Summit.

Restaurants or cafeterias supplying meals only to employees and guests of the permitted use; and newsstands, post offices, health clubs, copy centers, credit unions and banking facilities and similar conveniences serving employees and guests of the permitted use.

Conference center and in-service training school for employees.

Indoor and outdoor recreation facilities such as tennis courts, basketball courts, jogging paths and exercise stations and ball fields, provided that such uses, including any accessory buildings associated therewith, shall be planned as an integral part of the site.

Conference and assembly halls for meetings incidental to the business of any permitted use.

Maintenance, utility and storage facilities incidental to any permitted use.

Surface parking and loading areas provided in conjunction with a permitted use.

Bus stop shelters, bike racks, mailboxes, phone booths, waste receptacles, gatehouses, benches, kiosks, drinking fountains, art sculptures, plazas, water features and other pedestrian and transit amenities.

Off-street parking in elevated structures as a conditional use subject to the standards set forth in Article XIV.

Conditional uses.

A parking structure no taller than 60 feet shall be a permitted conditional use if setback at least 100 feet from Passaic Avenue, 200 feet from River Road, between 500 feet and 1,100 feet from Morris Avenue, and 500 feet from Lincoln and Madison Avenues.

A parking structure no taller than 30 feet shall be a permitted conditional use if setback at least 300 feet from Passaic Avenue and further subject to the buffer area requirements for this zone and the setbacks required in the Schedule of Space Regulations located in the Appendix at the end of this chapter.[1]

[1]

Editor's Note: The Appendixes are included as attachments to this chapter.

Parking structures shall be architecturally compatible with primary on-site buildings and structures. The location of parking structures shall be limited by minimum setback requirements to assure adequate shielding from off-site views and surrounding residential neighborhoods. Ample landscape screening shall be provided by the applicant to soften visual impacts associated with the construction of parking structures.

Parking structures shall be included as part of the building coverage calculation and are subject to the standards set forth in the footnote to Schedule of Space Regulations located in the Appendix at the end of this chapter. Parking structures shall not be included in the calculation of floor area ratio as detailed in the Schedule of Space Regulations.

The planned development phasing schedule shall include the construction of one or both of the parking structures in one of the early phases.

Supplementary requirements.

All proposed work shall be in accordance with the design requirements set forth in the Development Regulations Ordinance and consistent with the Development Design Guidelines in the Appendix of this chapter,[2] which are illustrative of the design requirements.

[2]

Editor's Note: The Appendixes are included as attachments to this chapter.

Any development application in the PROD Zone shall be submitted, initially, as a planned development, in the nature of a preliminary site plan application, for the entire zone. Such application shall describe any phasing of the proposal together with any on-site, off-site, and off-tract improvements needed to support such phases. The application for preliminary site plan approval may also include a request for final approvals with respect to each phase or phases.

A planned research office development shall be subject to the requirements of the zone, to the mandatory findings for a planned development as required by the Municipal Land Use Law at N.J.S.A. 40:55D-45, and to the general development plan submission requirements found in Article V.

The circulation plan required by § 35-5.24C shall include the following supplementary elements:

(1)

The following intersections shall be reviewed for primary and secondary impact.

(a)

River Road and Route 24.

(b)

Kent Place Boulevard and Morris Avenue.

(c)

Chatham Road into Chatham (intersections with Summit Avenue and Hillside Avenue).

(d)

Watchung Avenue and Fairmount Avenue.

(e)

Mount Vernon Avenue and River Road.

(2)

The general study area shall also encompass all intersections within a 3/4 mile radius of any portion of the PROD Zone.

(3)

The traffic study shall also include a comparison of the proposed and existing uses with the historical maximum site population 2,500 employees.

The physical appearance of a planned research office development shall be of the highest quality. It is necessary that planned developments adhere to a set of standards and criteria that address a variety of site plan considerations, including layout, building massing and form, and landscaping. This will result in an overall coordinated appearance for a particular development. The standards and criteria listed below must be incorporated into a general development plan submission for a planned development. Design covenants shall incorporate, complement and expand upon these standards and criteria. Such design covenants may be required by the approving authority as part of the general development plan application, review, and approval process.

Buildings shall be set back 125 feet from the R-15 and R-10 Residential Zone boundary lines and 50 feet from the R-6 Residential Zone boundary line. This setback area shall include suitable positive landscape screening consistent with the buffer requirements in Article XIV.

Building design.

To maintain a high standard of construction and appearance and to provide interesting and tasteful exteriors, the exterior walls of each building shall be constructed of durable, permanent architectural materials compatible with campus-like standards, tastefully handled, i.e., carefully selected brick; stone with a weathered face or polished, fluted, or broken-faced. Predominant exterior building materials shall not include smooth-faced concrete block, tilt-up concrete panels or prefabricated steel panels.

Preengineered metal buildings, industrial-type structures featuring predominantly painted exteriors, and corrugated-metal-sided or clapboard-aluminum-sided "Butler" type buildings shall not be permitted except for accessory maintenance and storage type buildings.

Building roofs are to be uncluttered. Vertical roof projections such as towers, vents, stacks or roof-mounted equipment shall be integrated into the architecture. All penetrations through the roof (i.e., mechanical equipment or skylights) must be organized in a manner that is integral to the architectural form of the building and/or completely screened from view by parapet walls or approved enclosures. Equipment screens shall be attractive in appearance and reflect or complement the architecture of the building to which they belong.

Design of canopies shall be in keeping with the design of the building(s).

Loading areas shall be screened using architectural walls and landscaping.

Building color and texture.

Simple and uniform texture patterns are encouraged to create shadow patterns.

Variations in color shall be kept to a minimum.

Colors shall be subdued in tone.

Accent colors may be used to express corporate identity.

Building height.

The maximum building height in the PROD Zone shall be 48 feet, except in the height exemption area as shown on the survey by Keller and Kirkpatrick located in the Appendix at the end of this chapter.[3]

[3]

Editor's Note: The Appendixes are included as attachments to this chapter.

Not more than 30% of the roof area of buildings in the PROD may be occupied by a mechanical room, chimney, stair towers, elevator shafts or mechanical equipment enclosed by screening walls, provided further that all of the above must be no more than 12 feet in height and must be set back a minimum of 25 feet from each building perimeter that faces a property line.

Building mass and form.

The architectural character of each proposed building or structure shall be of a complementary design and style for the campus.

Buildings shall generally have a horizontal appearance brought about by the use of horizontal bands and fascia to minimize the verticality of the structure.

Materials, colors and finishes shall be coordinated on all exterior elevations of each building.

Architectural designs shall be evaluated in terms of the sensitive integration of form, textures, and colors with the particular landscape and topographic characteristics of the site.

Groups of related buildings shall be designed to present a harmonious appearance in terms of style and use of exterior materials, fenestration and roof type.

Building exterior walls shall be articulated to reduce the scale and the uniform appearance of buildings and to provide visual interest that will be consistent with the site's identity, character and scale. As such, one or a combination of the following shall be utilized in a planned research office development:

(1)

Roofline variation;

(2)

Grouping into smaller or multiple structures;

(3)

Mature landscaping and land form manipulation;

(4)

Offsets and/or breaks in the building line;

(5)

Patterned walls;

(6)

Fenestration;

(7)

Color changes.

The primary building objective is to maintain an architecturally harmonious development. Each building shall be sensitive to the immediate neighboring structure. Inconsistent variations in scale, texture or colors shall not be permitted.

Opportunities to provide walkway systems to adjoining buildings, including common plazas or courtyards, are encouraged.

10.

Common open space. An adequate amount of open space shall be provided and developed for on-site conservation and recreation facilities to service the needs of all employees and their visitors. The applicant shall submit an open space plan showing the proposed land area and general location of any land area to be set aside for conservation and recreational purposes and a general description of improvements to be made thereon, including a plan for operation and maintenance.

11.

Electrical and mechanical equipment. All exterior electrical and mechanical equipment at ground level, such as transformers, shall be screened and located at the side or rear of the building and away from employee and visitor entrances. Screening methods shall include walls compatible with the building material, a plant material buffer utilizing a layered installation of shrubs, flowering trees, and ground cover.

12.

Fences and walls. Fences and walls are not desirable and shall be approved only for limited situations. Chain-link fencing shall not be permitted. Decorative fences or walls may be used to screen service and loading areas, private patios or courts. They may be used to enclose recreational areas or to secure sensitive areas to uses, such as vehicle storage areas. Fences and walls shall not be located where they impede pedestrian or bicycle circulation through or between site areas. If approved, all fences and walls shall be designed as integrated parts of the overall architectural and site design. All materials shall be durable and finished in textures and colors complementary to the overall architectural design.

13.

Landscaping.

Landscaping shall be required in those areas that are designated as setback and buffer areas, areas within parking lots, and areas not used for ingress, egress, parking, or storage, and areas subject to grading and recontouring. An overall landscape theme dealing with major design elements must be established. These elements shall include:

(1)

Setback and buffer areas along roadways as well as adjacent to residentially zoned properties;

(2)

Parking lots and areas around buildings.

The design and development of landscaping shall:

(1)

Enhance the appearance of the site internally and from a distance;

(2)

Include street trees and street-side landscaping;

(3)

Provide an integrated open space and pedestrian way system within the development with appropriate connections to surrounding properties;

(4)

Include, as appropriate, bike paths, bike lanes, sidewalks, pedestrian walkways or jogging trails;

(5)

Provide buffering or transitions between uses.

Landscaping shall be designed and installed in accordance with professional standards and all landscape plans shall be subject to Planning Board review and approval. All landscaping, including lawn areas, trees and shrubbery, shall be maintained in excellent condition by the property owner by cutting, trimming, feeding, watering and weeding. Plants shall be replaced as may be required. Landscaping shall be installed upon the substantial completion of a building(s), weather permitting, and an underground irrigation system may be required by the Planning Board in some landscaped areas.

Existing vegetation to be preserved on each site must be designated on submitted plan sheets. Techniques to be employed to preserve such vegetated areas shall be submitted to the Planning Board for review and approval. Such techniques shall address the following elements of tree structure so as to avoid damaging effects during and after construction to these elements: crown; branch system; drip line; existing grade, drainage and soil character; root system; and the feeder root system.

All required planting and screening shall be maintained in good condition.

14.

Lighting.

Well-designed lighting of the building exterior shall be permitted, provided that the lighting complements the architecture. Lighting shall not draw inordinate attention to a building facade.

Parking lot, service area, and roadway lighting shall be provided by fixtures designed to minimize glare to the street and adjacent properties. The type of fixture and color of lamping shall be evaluated for their compatibility with existing streetlighting, building architecture and natural site characteristics.

Exterior lighting fixtures shall not exceed a maximum lighting intensity of 4,000 Kelvin (K).

Lighting for pedestrian walkways may include either cutoff or exposed light sources, but the height and intensity of the light must be subdued.

All lighting shall be designed and installed to avoid off-site spillage and halo effect to the greatest extent reasonably possible and consistent with public safety. Area lighting sources should be of the cutoff type.

All lighting designs and installation are subject to Planning Board review and approval.

15.

Maintenance. All site improvements, including, but not limited to, streets, drives, parking lots, drainage areas, culverts, curbing, buildings, fences, landscaping and lighting must be maintained in good condition and repair by either the owner or other designated entity.

16.

Parking and circulation.

Each development site must provide adequate off-street automobile parking and loading facilities and spaces, and no parking or loading facilities and spaces shall be permitted on any street, entrance drive, or any place other than in an approved location. Off-street parking and loading spaces shall conform to those standards identified in § 35-14.1P, as modified below. Loading facilities and spaces shall also be based on actual site design and special needs required by the applicant.

Land or Building Use	One Space for Each:
Offices	333 square feet gross floor area
Research and development	1,000 square feet gross floor area
Utilities and warehouse	2,000 square feet gross floor area

Up to 20% of the total number of parking spaces may be land-banked if the applicant can demonstrate to the Planning Board that not all of the required number of parking spaces are needed. The location of future parking areas shall be indicated on the site plan. The City may conduct site visits to confirm that the amount of parking provided is being utilized by the development and, in fact, that the parking remains sufficient to meet the needs of the development. If at any time it is determined that this is no longer the case, the construction of additional "banked" or reserved parking spaces may be required by the Planning Board to meet the demand.

Parking areas shall provide safe, convenient, and efficient access. They shall be placed next to buildings in order to shorten the distance to other buildings and sidewalks and to reduce the overall scale of the paved surface.

All parking areas shall be screened from streets and adjacent parcels by earth berms and/or landscaping to assure that the visual effect of large paved areas and standing automobiles is minimized. The natural landscape and building views shall predominate. Parking areas shall also be subdivided by islands containing trees and other landscape materials. Planting islands shall be located at selected intervals where they will aid in reducing the visual expanse of parking areas.

Parking areas shall be located to maximize the potential for shared parking between uses. Parking areas shall be designed and located so as to facilitate transit, bicycle and pedestrian access. Parking spaces closest to the building entrances, in order, shall be reserved for:

(1)

People with disabilities (all types of parking);

(2)

Employee vanpool vehicles; and

(3)

Employee carpool vehicles.

Traffic entrances and exits to property may not be on minor residential streets, but must be only on collector or arterial roads, as designated in the City Master Plan.

Landscaped buffers adjoining residential properties along Lincoln, Madison, Evergreen and Passaic Avenues and along Kent Place Boulevard shall be subject to a comprehensive landscape plan prepared by the applicant, which shall be reviewed and approved by the Planning Board on a periodic basis.

Any new parking structure shall be subject to variable setbacks to assure the appropriateness of such a use at its proposed location.

Bicycle lockers and/or stands may be provided as close to building entrances as possible and may be located in front of a building. If the building is served by a bus line, a bus pullout or parking stop and a bus shelter shall be provided as close to a building entrance as possible, either within the street right-of-way or on the site.

Textured crosswalks shall be used where public pathways come in contact with vehicular traffic at site entry points. All walks must be well-lighted. On-site pedestrian linkages may connect buildings to external perimeter pedestrian systems.

17.

Refuse collection and recycling.

All outdoor containers shall be visually screened within a durable, noncombustible enclosure, so as not to be visible from adjacent lots or sites, neighboring properties or public streets. No collection areas shall be permitted between a public street and the front of a building. Appropriate landscaping shall be installed to form a year-round effective visual screen at time of planting.

Collection areas shall be designed to contain all material generated on site and deposited between collections. Deposited material shall not be visible from outside the enclosure.

Collection enclosures shall be designed of durable materials with finishes and colors that are unified and harmonious with the overall architectural theme.

Collection areas shall be so located upon the site as to provide clear and convenient access for collection vehicles. Refuse collection and recycling areas shall not be located within parking areas or required landscaped yards and buffers.

Collection areas shall be designed and located upon the property as to be convenient for the deposition of material generated on the site.

An option to reduce the visual impact of collection containers shall be to store and compact material inside a building at the service area, thus eliminating the need to screen containers.

Delivery, loading, trash removal or compaction, or other such operations may be limited by the Planning Board between certain hours where noise impacts at the lot line of any adjoining residential property or district shall be required to meet City and state requirements.

Storage and disposal and/or recycling of solid waste and research waste shall be in compliance with applicable state and federal regulations.

18.

Screening of loading and service areas. All loading docks and service areas shall be sufficient to serve the business being conducted on the site without using adjacent public streets. No loading and service areas shall be visible from any neighboring property or adjacent public street. Provision shall be made for handling all freight on those sides of a building that do not face a street. The recommended method of screening shall consist of walls and gates compatible in color and texture with the building material, buffered by deciduous and evergreen shrubs and trees, so as not to be visible from neighboring properties and streets. Delivery and loading operations shall not disturb adjoining residential neighborhoods or other land uses.

19.

Sidewalks and/or pathways.

On-site pedestrian circulation systems shall be provided to meet the circulation needs of on-site users. Such systems shall provide safe, all-weather-efficient, and aesthetically pleasing means of on-site movement and shall be an integrated part of the overall architectural and site design concept. At a minimum, sidewalks and/or pathways shall connect focal points of pedestrian activity, such as, but not limited to, transit stops, street crossings, building and entry points, and shall feature adjoining landscaped areas that includes trees, shrubs, benches, flower beds, ground covers, or other such materials.

Sidewalks shall be provided along any facade featuring a visitor or customer entrance, and along any facade abutting parking areas. Such sidewalks shall be located away from the facade of the building to provide planting beds for foundation landscaping, except where features such as arcades or entryways are part of the facade. Pedestrian sidewalks may provide weather protection features such as awnings or arcades when located close to customer entrances.

Where appropriate, connections shall be made between on-site and perimeter sidewalk and/or pathway circulation systems.

Pedestrian crosswalks shall be clearly delineated by a material different from the surrounding road surface through the use of durable, low-maintenance surface materials such as pavers, bricks, or scored concrete to enhance pedestrian safety and comfort, as well as the attractiveness of the sidewalk and/or pathway.

20.

Signage.

All signs shall be required to satisfy all of the requirements as set forth in § 35-14.1S. The Planning Board shall have the right to modify the requirements whenever such modifications are necessary to achieve an appropriate overall design theme.

An overall graphic signage plan shall be developed to complement the overall site layout.

Corporate identification signage may be erected at principal entrances to the site as approved by the Planning Board. The design, format, and materials must be consistent with site architecture. No flashing, neon or moving elements shall be permitted. Such signs may indicate the street address, the company or development's name and logo.

Identification signage of a smaller scale shall be permitted on the exterior of a building at a location related to the principal entrance carrying the occupant's logo or symbol and such other locations as the Planning Board shall permit. They may be placed on the building surface or in a freestanding position, provided that the latter is clearly integrated with the building architecture. They shall not project above any roof or canopy elevations.

Any on-site directional, traffic, or parking control signs shall be reviewed and approved by the Planning Board, with the intent that these signs shall be restricted to the minimum necessary, shall be visually unobtrusive, and shall be consistent in format, lettering, and coloring.

As the need may arise during construction of a planned development, directory-type signs identifying groups of building locations may be established.

21.

Site layout.

Through the site access locations and on-site circulation and building layout, there shall be minimum conflicts between service vehicles, private automobiles and pedestrians.

Visitor building entrances and vehicular entrance driveways shall be readily identifiable and accessible to the first-time visitor.

The visual impact of large surface parking lots located in front of buildings and along street frontages shall be minimized with landscaping, landscaped earthen berms, and pedestrian systems and/or by making parking lots smaller.

Building entries shall be highlighted by such features, including:

(1)

Outdoor patios;

(2)

Ceremonial entry porte cocheres;

(3)

Plazas, paver block or brick crosswalks or other landscape features;

(4)

Overhangs and peaked roof forms;

(5)

Specially treated architectural walls;

(6)

Covered walkways;

(7)

Recesses, projections and arches.

Buildings and structures shall be arranged and clustered to maximize opportunities for shared circulation, parking, loading, pedestrian walkways and plazas, recreation areas, transit-related facilities, and day and night security surveillance.

22.

Storage.

No open storage shall be permitted on any site. No articles, merchandise, products, goods, materials, or like equipment shall be kept in the open or exposed to public view, and no accessory use shall be constructed to permit open storage of materials or goods.

Nonenclosed areas for storage shall be permanently defined and screened with walls and/or fences. Materials, colors, and design of screening walls and/or fences shall conform to those used as predominant materials and colors on the building. If such areas are to be covered, then the covering shall also conform to those used as predominant materials and colors on the building.

23.

Street furniture, plazas and other amenities.

The design of a building's related entrance areas, plazas or terraces may vary based on the intentions and needs of individual building uses. At a minimum, however, building entrances shall be highlighted with plant materials and paved surfaces.

The introduction of a public or private transit system may necessitate bus shelters. As such needs become formalized, the applicant shall prepare a basic design vocabulary to cover such needs consistent with the overall design program.

This planned development shall include some or all of the following: patio/seating areas, pedestrian plazas with benches, kiosk areas, water features, clock towers or other such deliberately shaped area and/or a focal feature or amenity that, in the judgment of the Planning Board, adequately enhances such spaces.

24.

Traffic management and planning. The applicant shall be required to submit a traffic management plan which should incorporate one or more of the following: staggered work hours, flex time, mass transit, park and ride, car and van pooling. The plan shall emphasize shuttle bus service to and from the train station.

25.

Utilities. All utilities and related appurtenances on the site shall be underground or located in a building or structure to the extent reasonably practical. Any utility structures operated in conjunction with the owner and the City for the public good such as the sanitary sewer treatment facility shall not be counted towards the building or lot coverage calculations.

§ 35-13.18 PROD-2 Planned Research Office Development Zone.

Purpose. The PROD-2 is intended to permit a specialized range of uses which will strengthen the local economy by expanding job opportunities and diversifying the City's tax base in a manner which is consistent with the overall character of the City and compatible with surrounding uses and facilities. The zone is intended to accommodate offices, scientific and applied research facilities, and uses dedicated to the development and application of technology and production of end products for commercial distribution and transportation thereof. The nature, scale, and function of such uses shall be limited and regulated to ensure that they pose no significant or unusual risk to the public health, safety, and welfare, generate a minimum of noise, heat, glare, odor, dust, vibration, or other nuisances; emit no harmful radiation or pollution of the air, water, or ground; and pose a minimum of traffic, fire, and other safety hazards. The design and development of land and facilities in the zone will be regulated to create a well-planned environment with attractive buildings and structures, well-landscaped buffer and yard areas, and screened access and storage facilities. To achieve these objectives, the zone requires the integrated planning of large tracts of land while permitting phased development to minimize disruptions and instability for existing nearby residents.

Permitted uses.

Principal uses.

(1)

Administrative, corporate, research and offices.

(2)

Computer centers, data processing and communications.

(3)

Pharmaceutical research and development operations, which includes discovery through clinical trials.

Accessory uses.

The development and formulation of pharmaceutical ingredients resulting from the research conducted on site and the composition and assembly of the pharmaceutical ingredients so created into therapeutic end products for commercial distribution and the transportation thereof.

Child-care centers.

Buildings, structures and uses owned or operated by the City of Summit.

Restaurants or cafeterias supplying meals only to employees and guests of the permitted use.

Pilot plants.

Parking structures or garages.

Conditional uses.

None.

Supplementary requirements.

A general development plan shall be submitted within two years from the date of site occupancy or prior to filing an application for development of the site, whichever is earlier.

Where the PROD-2 Zone abuts a residential zone, no part of any building or appurtenance or accessory structure (including chimneys, water tanks, etc.) may be higher than 1/3 the distance of that part from the residential zone boundary line.

Where abutting a residential zone, buildings shall be set back 125 feet from the residential zone boundary line, and this buffer shall be equipped with suitable positive screening. The Planning Board may consider variable buffers from 50 feet to 125 feet, which will be established during the GDP approval process. The variable buffer will be based on the proposed uses and their potential impacts in the intended area. The landscaping and screening may require enhancement but at minimum shall consist of three staggered rows of Norway spruce or other equivalent evergreen trees planted and maintained at not more than 10 feet on centers. If a fence is constructed in connection with this screening, it shall be approved by the approving authority.

The exceptions to the setback requirements are for improvements related to existing facilities (guardhouse) and/or keyed accessed to/from Morris Avenue into the property. The rehabilitation or modification of existing facilities that will positively improve aesthetics or vehicular circulation into or out of the site and will not further exacerbate an existing condition may be sought without variance relief but are subject to any building, fire and police codes, permits, and approvals.

[1]

Editor's Note: The Appendixes are included as attachments to this chapter.

Building mass and form.

The architectural character of each proposed building or structure shall be of a complementary design and style for the campus.

New buildings and additions shall generally have a horizontal appearance brought about by the use of horizontal bands and fascia to minimize the verticality of the structure.

Materials, colors and finishes shall be coordinated on all exterior elevations of each building.

Architectural designs shall be evaluated in terms of the sensitive integration of form, textures, and colors with the particular landscape and topographic characteristics of the site represented.

Groups of related buildings shall be designed to present a harmonious appearance in terms of style and use of exterior materials, fenestration and roof type.

(1)

Roofline variation;

(2)

Grouping into smaller or multiple structures;

(3)

Mature landscaping and land form manipulation;

(4)

Offsets and/or breaks in the building line;

(5)

Patterned walls;

(6)

Fenestration;

(7)

Color changes.

No more than 30% of the roof area of buildings in the PROD 2 Zone may be occupied by a mechanical room, chimney, stair towers, elevator shafts or mechanical equipment enclosed by parapets and decorative and sound-attenuating screening, provided that the above appurtenances may not exceed 12 feet in height and must be set back from the roof's edge to the greatest extent possible. However, solar panels shall be exempt from the rooftop coverage as long as it can be demonstrated that they can be positively screened from the adjacent uses.

Parking and circulation.

Land or Building Use	One Space for Each:
Offices	333 square feet gfa
Research and development	1,000 square feet gfa
Utilities and warehouse	3,500 square feet gfa

(1)

People with disabilities (all types of parking);

(2)

Employee vanpool vehicles; and

(3)

Employee carpool vehicles.

Traffic entrances and exits to property may not be on minor residential streets, but must be only on collector or arterial roads, as designated in the Master Plan. Provisions must be made for the off-street turning of all vehicles so that it is not necessary for vehicles to back out onto streets. However, emergency access roads to minor residential streets will be fully considered by the Planning Board during GDP hearings in conjunction with the input from the police, fire and the various departments within the City.

No parking or new peripheral roads may be placed in the 125 feet of the landscaped buffer adjacent to residential zones. The parking areas will be evaluated at the time of the GDP, and existing parking areas will be evaluated and moved away from the residential zone to the greatest extent possible. The buffer standards in Article XIV shall also apply.

The building height and number of stories of structures may be increased to 60 feet and five stories if located within a height enhancement area, HEA, as identified on the plan included in the Appendix at the end of this chapter.[2]

[2]

Editor's Note: The Appendixes are included as attachments to this chapter.

§ 35-13.19 RO-60 Research Office Zone.

Purpose. The RO-60 Zone is intended for administrative and professional office uses which involve the inoffensive creating of end products by research, engineering, development, and administrative work to which the public does not need immediate and frequent access. It is intended to prohibit all uses which are characterized by actual or potential nuisance factors other than congregation of employees, and light truck or rail transportation, and to screen all buildings from view of residential areas.

Permitted uses.

Principal uses.

Administrative and professional offices.

Accessory uses.

Uses which are customarily incidental and accessory to the principal permitted use as regulated in §§ 35-9.8 and 35-9.9.

Conditional uses.

None.

Supplementary requirements.

Where abutting a residential zone, buildings shall be set back 75 feet from the residential zone boundary line, and this buffer shall have suitable landscaped screening. The screening shall consist of three staggered rows of Norway spruce or other equivalent evergreen trees planted and maintained at not more than 10 feet on centers. If a fence is constructed in connection with this screening, it shall be approved by the approving authority.

Provisions must be made for the off-street turning of all vehicles so that it is not necessary for vehicles to back out onto streets.

No parking or peripheral roads may be placed in the seventy-five-foot landscaped buffer adjacent to residential zones.

[1]

Editor's Note: The Appendixes are included as attachments to this chapter.

§ 35-13.20 PI Professional Institutional Zone.

Purpose. The PI Zone is intended for hospital and hospital-related uses, professional offices, and other certain institutional uses hereinafter specified, and for relatively compact residences, capable of being individually owned and owner-occupied, and such other residential uses permitted in the R-5 Zone subject to the standards of the R-5 Zone.

Permitted uses.

Principal uses,

Hospital and hospital-related facilities, including training schools for professional personnel, ambulatory care facilities, parking or parking structures, nursing homes and housing for professional trainees and professional personnel subject to Multifamily Tower Zone space regulations, but not including correctional institutions, or institutions exclusively for the treatment of mental patients or substance abuse patients.

Group medical centers.

Medical testing laboratories.

Professional office buildings, whether in new nonresidential buildings or in residential buildings completely converted to nonresidential use; or offices for doctors for the practice of medicine, including biological or bioanalytical services; or offices for chiropractors, dentists, optometrists, registered nurses or nurse practitioners, recuperative therapies; and for lawyers, clergymen, architects, engineers, accountants and the like; provided in all cases that there is no advertising on the premises except for one identification sign not exceeding one square foot in area for each professional person. This subsection shall not be deemed to include facilities providing veterinary services.

Child-care centers.

Detached single-family dwellings subject to the provisions of the R-5 Zone.

Twin houses and two-family dwellings subject to the provisions of the R-5 Zone.

Adult day care.

Accessory uses.

Uses which are customarily incidental and accessory to the principal permitted use as regulated in §§ 35-9.8 and 35-9.9.

Conditional uses.

Houses of worship.

Educational institutions.

Supplementary requirements.

All parking areas abutting or facing a residential zone or residential use shall provide a ten-foot-wide buffer area between any parking and loading areas and the residential zone or residential use in the PI Zone. Said buffer area shall provide a close-woven wood fence, wall or hedge at least six feet in height and planted with appropriate evergreen shrubs so as to create an effective screening. The required fencing shall be located in the center of said buffer with the decorative side of the fence and planting facing the residential zone or residential use in the PI Zone; provided, however, that such fence, wall or hedge may be waived or height reduced by the approving authority if, because of topographic or other extraordinary or exceptional conditions, the same shall not be necessary to protect any abutting or facing premises situated in any residential zone or residential use in the PI Zone.

Building heights in the PI Zone shall not exceed 490 feet above sea level (USC&G).

[1]

Editor's Note: The Appendixes are included as attachments to this chapter.

§ 35-13.21 PL Public Lands Zone.

Purpose. The PL Zone is created and intended to provide a separate and distinct zoning category for lands in public use and for limited quasi-public uses such as houses of worship, and for nonprofit use.

Permitted uses.

Principal uses.

Institutional uses.

Principal permitted uses in the R-10 Zone, subject to the requirements and standards as provided in the R-10 Zone.

Accessory uses.

Uses which are customarily incidental and accessory to the principal permitted use as regulated in §§ 35-9.8 and 9.9.

Conditional uses.

Houses of worship.

Educational institutions.

Supplementary requirements.

No properties in this zone shall be subdivided, unless the requirements and standards of the R-10 Zone are met.

Residential uses shall comply with the parking requirement for the R-10 Zone.

[1]

Editor's Note: The Appendixes are included as attachments to this chapter.

§ 35-13.22 G Golf Zone.

Purpose. The purpose of this zone is to ensure the preservation of the existing golf course located in Block 901, Lot 1, in the City.

Permitted uses.

Principal uses.

Existing golf courses.

Accessory uses.

Building and structures used for maintenance and storage associated with golf course operations.

Conditional uses.

None.

Supplementary requirements.

[1]

Editor's Note: The Appendixes are included as attachments to this chapter.

§ 35-13.23 Gateway I Zone.

Purpose. The purpose of the Gateway I Zone is to allow for the appropriate contextual reuse of the existing site in a manner in keeping with its gateway character. Development should be particularly sensitive to design, streetscape, buffers and setbacks in order to mitigate the impact of new development on the surrounding area. The zone should complement and support the CRBD, complement and protect the adjacent residential neighborhoods, provide housing, including affordable housing, in proximity to public transportation and serve as an attractive gateway to the downtown.

Permitted uses.

Principal uses.

Townhouses.

Apartments.

Condominiums.

Offices.

Public parks.

Mixed-use buildings office and residential.

Accessory uses.

Parking structures shall be considered an accessory use. "Parking structures" are defined as ramp access structures either above or below grade specifically designed to accommodate vehicle parking.

For office uses, no eating facilities selling prepared food or drinks shall be permitted.

Health clubs, limited to the basement area of the Deforest Building.

Conditional uses:

None.

Supplementary requirements.

No medical uses shall be permitted.

A Comprehensive Plan for the entire site must be submitted.

Any existing or new building which fronts on DeForest Avenue may contain a mix of office and/or residential uses. Only residential uses shall be permitted on the remaining portion of the zone.

[1]

Editor's Note: The Appendixes are included as attachments to this chapter.

Parking for all uses (with the exception of townhouses) shall be provided on site in a parking structure or beneath the building.

Any parking structure on the site must be screened from public view.

A buffer area of 10 feet shall be required where Lots 1.01 and 2.01 in Block 2607 abut adjacent Lot 7. No encroachments, such as patios or decks, shall be permitted in the buffer area. The buffer shall contain decorative fencing and/or appropriate landscaping.

A 20% set-aside of affordable housing shall be required subject to the provisions of the City's Affordable Housing Ordinance.[2]

[2]

Editor's Note: See Ch. 8, Affordable Housing.

Parking between the street and the building is prohibited with the exception of driveways associated with townhouses.

10.

Front facing garages for residential uses shall not be permitted on any public street with the exception of Parmley Place.

11.

The Parmley Place right-of-way shall not be vacated; however, may be realigned subject to engineering and safety considerations.

12.

Number of parking spaces required:

A shared parking concept is encouraged.

Apartments: compliance with residential site improvement standards (RSIS).

Office: a minimum of one space per 300 square feet shall be required.

Townhouses:

(1)

Compliance with residential site improvement standards (RSIS).

(2)

Two parking spaces per unit shall be garaged.

(3)

Parking may be located either in the front or in the rear of the unit. If located in the front, a minimum driveway length of 18 feet shall be required measured from the property line. If located in the rear, the rear yard buffer may be reduced to five feet.

13.

The primary front entrance of any townhouse unit shall not be more than four feet above existing grade.

Design requirements.

General.

The design standards contained herein shall supplement the design and performance standards contained in Article XIV of City of Summit Development Regulations. If there is a conflict, the provisions of this section shall apply.

Overall development shall have a compatible design, architectural and landscaping scheme for the site.

New buildings shall relate to existing buildings and other structures in the vicinity that have a visual relationship to the site.

Multiple buildings on a single tract shall be designed so as to be architecturally compatible with one another, utilizing common color schemes and materials.

Building facades shall be consistent with the size, scale and setbacks of adjacent buildings and those where there is a visual relationship.

The appearance of the side and rear elevations of buildings is important. Therefore, guidelines for the fronts of buildings shall also apply to the rear and sides where visible.

Buildings shall be designed so as to prevent exterior elevations from containing large expanses of blank or featureless walls.

Building facades are a primary image generator. As such, facades shall portray a unifying appearance while assuring that each building has a unique design. Facades shall also be designed at a human scale.

New buildings shall be oriented so the front facades relate to public streets and plazas, both functionally and visually. The primary orientation of a building shall not be towards parking.

The type, shape, pitch, feature and color of a roof shall be architecturally compatible with the building style, material, colors and details.

Flat roofs shall be enclosed by parapets or other appropriate architectural details.

The architectural design of buildings shall be sensitive to the site's status as a gateway site.

Primary entrances to buildings are to be clearly marked and framed architecturally.

Green space.

Every effort shall be made to increase the amount of green space that currently exists on site.

Green space shall be appropriately designed and compatible with the landscaping and open space in the surrounding neighborhood.

The predominant character of the open space within the Summit Avenue setback area shall be green. Hardscape materials within the open space area shall be limited.

Any courtyard associated with multifamily residential buildings shall be green to the extent feasible.

Parking, loading, access and circulation.

Any access drive which connects to Euclid Avenue shall be a one-way drive with one-way circulation toward Euclid Avenue.

Regardless of any realignment of Parmley Place, the right-of-way of Parmley Place shall remain 40 feet and the cartway shall remain 26 feet. In addition, a minimum five-foot-wide continuous sidewalk shall be required on both sides of Parmley Place.

Internal pedestrian circulation shall be separated from automobile circulation through the use of sidewalks and crosswalks.

Crosswalks will serve as an extension of the sidewalk and shall be differentiated from roadways through the use of different textures, materials and colors.

No blank walls of parking structures shall front the streetscape or public streets.

No portion of any parking structure shall be constructed at a height of more than 15 feet above curb level.

The parking for all uses within any parking structure shall be appropriately integrated, particularly with respect to pedestrian connections.

Parking structures shall be constructed so that no exhaust vents open onto any street or open space and so that no portion of the interior structure, other than entrances and exits, is visible from adjoining streets.

A landscaped plaza or recreation area may be constructed on the top of any parking structure.

All facades shall provide pedestrian interest at the street level through architectural details. All voids in the parking structures shall be architecturally screened, so that lights and vehicles are not visible.

The visible exterior walls of parking structures shall be architecturally designed to mimic and reflect the occupied portions of the building in terms of style, materials and the rhythm of the window openings serving the principal uses. The intent of the above regulations is that no exposed parking structure exterior wall shall be detectable as a parking structure.

Loading and service areas shall be integral to building design and screened from public view to the extent feasible to minimize impacts of noise, lighting, glare and visibility.

The relationship between truck delivery, vehicular traffic, and pedestrian circulation shall be considered when designing service entries, roadways, walkways, and pedestrian entrances.

Structured parking shall include decorative lighting to be compatible with on-site lighting.

Mechanical/utilities.

Roof-vent penetrations shall be located at least 10 feet from any exterior building face, if possible.

Bulkheads and/or mechanical equipment shall be enclosed on the roof, set back and housed in an enclosure utilizing the same material or comparable material as the rest of the building facades.

Every effort shall be made to make utilities, including meters and access panels, as visually unobtrusive as possible.

Other.

All pedestrian entranceways and/or lobbies shall be easily identifiable, well-lit and separate from service entrances.

All storage of refuse and recyclable materials shall be maintained within the confines of an enclosed building or structure and shall be reasonably accessible for vehicular collection on the site and shall be appropriately screened and landscaped where outdoor storage is necessary.

All benches, trash receptacles, lights, and other street furniture shall be compatible with the architecture of the buildings and shall complement building features.

Streetlights shall be placed throughout the site and shall match or be compatible with the City of Summit's Purchasing Manual.

Lighting on the interior of the site shall be compatible with the architecture of buildings and shall complement building features.

Sodium vapor fixtures shall be prohibited.

The use of green building practices is strongly encouraged.

Fire escapes and stairs serving parking structures shall be fully enclosed.

It is anticipated that the existing building at the corner of DeForest Avenue and Summit Avenue will remain and be aesthetically improved to function more appropriately as a gateway building.

Zone area and bulk requirements.

Regulations	Permitted
Minimum tract area^a (square feet)	122,000
Minimum front yard setback (DeForest Avenue)	7 feet
Minimum front yard setback (Parmley Place)
South side	9 feet
North side	7 feet
Minimum front yard setback (Beechwood Road)	10 feet
For any structure less than 15 feet in height, including parking structures	5 feet
Minimum front yard setback (Summit Avenue)
North of Parmley Place	40 feet
South of Parmley Place^b	Average 32 feet; however, in no case less than 25 feet
Minimum front yard setback (Euclid Avenue)	15 feet
Minimum rear yard (adjacent to Block 2607, Lot 7)	10 feet
Maximum tract coverage^c	80%
Building height^d,e
Apartments, offices, and mixed-use buildings	48 feet
Townhouses	40 feet
Maximum stories^e
Apartments, offices, and mixed-use buildings	4
Townhouses	3
Maximum floor area ratio (excluding parking structures)^f	113.5%

NOTES:
^a	Excluding the Parmley Place right-of-way.
^b	Calculation of average and minimum front yard setback on Summit Avenue south of Parmley Place shall not include the setback of the existing building at the corner of Summit Avenue and DeForest Avenue.
^c	Does not include public right-of-way.
^d	The existing building is exempt from setback and height standards.
^e	Parking levels shall not be counted toward story limitation; however, they shall be counted toward overall height limitation.
^f	Within office buildings in the GW I Zone, floor area relating to health clubs in a basement shall not be included in the calculation of floor area ratio (FAR).

§ 35-13.24 Gateway II Zone.

Purpose.

The purpose of the Gateway II Zone is to redevelop the Gateway II properties, improving one of the principal entrances into the City's CRBD Zone. The primary intent is to support a welcoming streetscape and higher-density residential development primarily in exchange for sustainable building practices and affordable housing, all within close proximity to the CRBD and the transportation center of the City. Creative design will be needed to reconcile the properties' existing conditions (topography, shallow depth, proximity to active/inactive rail lines), turning these challenges into opportunities to create a transit and environmentally friendly neighborhood. It is the City's intent in creating this zone to incorporate the best of urban design, sustainability practices and construction techniques to visually minimize the massing and height of the buildings while creating an attractive development linking East Summit, the City's parking facilities and the CRBD. The resulting development will provide detailed architectural treatments, sustainable building practices, enhanced landscaped courtyards and a streetscape that will soften and integrate the new development, while creating an attractive environment for further visitors, residents and the community. The zone will capitalize on the location to provide a unique housing opportunity within walking distance to the community's services, CRBD and rail station.

As delineated in the map below, Subzones T1-A, T1-B, T2 and T3 have been created in order to tailor the permitted uses and bulk requirements to their particular locations and site conditions.

Gateway II Subzone Map

Permitted uses.

Principal uses.

Townhouses, brownstones (one- to two-family) and brownstone duplexes (one- to six-family) are permitted in all zones; required for the street frontage along Broad Street up to the property line to the City property and Broad and Walnut Street intersection in the T1-A and T1-B Zone.

Multifamily buildings (T1-A, T1-B, T2 and T3) except along the Broad Street frontage for T1-A and T1-B Zones.

Uses permitted in the Neighborhood Business (NB) Zone, including offices, with the exception of restaurants and financial institutions (T2).

Mixed-use buildings of permitted Neighborhood Business (NB) uses as identified above and residential (T2 and T3).

City parking (surface or structured), public buildings and public or private parks (permitted in all zones).

Community facilities, including childcare (permitted in all zones).

Office Uses (T1-A, T2 and T3).

Accessory uses:

Surface and structured parking.

Storage, decorative and/or accessory structures, including kiosks, pergolas, bus shelters, and/or bike parking or structures.

Facilities and/or amenities commonly offered to residents of the planned multifamily development, including meeting and public rooms, gymnasiums, libraries, pools, parks, recreational facilities and service areas.

Conditional uses.

None.

Supplementary requirements.

A concept plan of the overall development shall be presented to the Planning Board. It shall include identification of architectural design, land uses, landscaping, open space, pedestrian/vehicular circulation, parking, overall design layout and intended density based on the base density, bonuses and/or LEED rating system chosen. An overview of the project's intended sustainable attributes shall be provided (i.e., solar, wind or geothermal collectors and energy; net-zero-energy buildings, sustainable products and materials to be used; innovative use of water resources (potable, storm, and wastewater); efficient HVAC systems and other green or sustainable building practices). The concept plan and presentation should be followed by a discussion with the Planning Board and review and comment by the Environmental Commission regarding the project goals and sustainable attributes under consideration.

At the time of the submission of the site plan application and prior to any preliminary and/or final site plan approval utilizing incentive bonuses, the applicant shall submit a construction staging and phasing plan, the details for the LEED certification sought, the methods of achieving the certification, and the monitoring plan to insure the project's performance to the LEED standards selected such as through building commissioning, etc.

[1]

Editor's Note: The Appendixes are included as attachments to this chapter.

Parking requirements in compliance with residential site improvement standards (RSIS) shall be provided within the overall project site. However, alternatives such as a shared parking arrangement with the City or other creative solutions to the provisions of parking are encouraged. (See Parking, Subsection D6 of this section.)

This zone has been designed to accommodate affordable housing at a 20% set-aside. The affordable housing is intended to be incorporated on-site and integrated throughout the project. This provision is subject to the regulations adopted by the Council on Affordable Housing and upon further discussions within the City and its professionals.

The zone is exempt from the variance requirements of the City's Steep Slope Ordinance. However, compliance is required of all other provisions of that ordinance set forth in Article XVI.

This subsection provides substantial bonuses in an effort to incorporate green building and sustainable development practices into the zone. The developer, their professionals and development team will be guided by and the bonuses assigned utilizing the most recent versions of LEED New Construction (NC) and/or the LEED Neighborhood Development (ND) rating system. The LEED ND rating system shall take priority, as it integrates the principles of smart growth, new urbanism, compact development, and green building into a model environmentally sustainable neighborhood design for the City. The developer, their professionals and development team shall work in concert with the City and Planning Board to achieve the goals identified in this subsection and the LEED rating system utilized.

As the streetscape, open space, landscaped and/or green roofs are all contemplated and integral elements of the overall development plan, a certified landscape architect shall be retained by the developer from the project's inception. Said landscape architect shall prepare the landscaping plans while working with the project team.

In calculations of density where a number is a fraction or includes a fraction of the whole, for the purposes of this subsection, the calculation shall be rounded up.

Bulk requirements.

Building height. The existing grade or slope of the property shall be used to offset the perception of height wherever possible, as further described below.

Permitted stories and height.

(1)

Townhouse/brownstone.

(a)

T1-A, T1-B, T2 and T3 Zones: three residential stories: 40 feet.

(b)

The primary front entrance of any townhome/brownstone building shall not be more than four feet above existing grade at the adjacent curbline.

(c)

Where the site is sloped along the street front, the center line of each building shall be not higher than 42 feet above the curbline elevation in front of that segment of the townhouse/brownstone. The buildings shall follow the existing curbline so that a stepping of the buildings' form will occur along the street frontage.

(2)

Multifamily buildings.

(a)

In T1-A, T1-B, T2 and T3 Zones: three residential stories over one of parking; total height of 45 feet with the following exceptions noted:

(b)

In T1-B Zone: the Board may permit four residential stories over a parking story or five residential stories (if parking underground) where a building's height will be partially obscured from Board Street for a total height of 53 feet.

(3)

Mixed use.

(a)

In T2 Zone: three residential stories over one story of permitted nonresidential use or parking; total height of 45 feet. In T3 Zone: four stories over one story of permitted nonresidential use or parking for a total height of 55 feet.

(4)

Office.

(a)

In the T1A and T3 Zones, for a building exclusively of office development, four stories over parking for a total of 55 feet.

Supplementary requirements.

(1)

The building height for buildings with street frontage shall be measured from the center line of each module (such as townhouse, brownstone, office, or half of a brownstone duplex) to the existing curbline. In no case shall the height of either front building corner exceed the permitted height by more than two feet. For all other buildings, the height of the building shall be measured by taking the average of the existing grade surrounding the proposed building footprint.

(2)

A parking story shall only be counted towards the number of stories when at least 50% of the parking garage story is above the existing average grade around the building.

Yards.

Front yards	15-foot setback and 10 feet from internal streets or drives. No driveways are permitted in the front yards of buildings along the Broad Street frontage.
Side yards	10-foot setback to property line or drives; 20-foot setback between buildings.
Rear yards	10-foot setback measured from the lot line opposite Broad Street.

Tract dimensions.

Minimum tract area
T1 (A and B)	4.5 ac
T2 and T3	0.25 ac
Minimum tract width	N/A
Minimum tract depth	N/A

Coverage. The coverage indicated below applies to individual tracts; if, however, multiple tracts are developed by a single developer, the Planning Board may allow flexibility and variations in coverage on individual tracts so long as maximum permitted coverage is not exceeded overall.

Building coverage, maximum: 40% overall.

Impervious coverage, maximum: 60% T1-A, T1-B/80% T2 and T3.

Open space/pervious coverage, T1-A, T1-B minimum: 50% (exclusive of railroad right-of-way). Overall, the site shall include a minimum of 35% pervious at grade open space, landscaped and designed to provide recreation and visual relief. The balance of the open space 15% may be provided by either green roofs and/or landscaped rooftops. An overall landscaping and open space plan shall integrate the project's open space with the adjacent properties. For areas to be included in the open space calculation (for active/passive recreation, courtyards and gardens), they must have a slope of less than 18%.

Density.

Residential density: 20 dwelling units (du's) per acre. However, the applicant may choose to receive up to 29 du's/acre by selecting incentives. The incentives are to encourage the project to be developed in a manner that supports long-term, environmentally sustainable practices and affordable housing for the City. These incentives will be offered as additional units per acre, as it is believed that the overall health, safety and welfare of the community is enhanced by the incentives offered and the City is willing to provide additional density in recognition of the benefits accrued from the sustainable and green building efforts used. However, in no case shall the cumulative value of all incentives selected exceed an overall density of 29 du's/acre. The following incentives are optional, and eligibility shall be subject to compliance with any or all of the following:

(1)

Structured parking. A minimum of 50% of the site's required parking are to be provided below or partially below grade. If the parking is not located below the building, the rooftops of the parking fixtures shall be landscaped and developed as open space/park and accessible to the development:

(a)

Bonus 2.0 additional du/ac;

(2)

Solar/landscaped/green rooftops. Fifty percent of the rooftops of all buildings shall consist of either a green roof, landscaped roof, solar roof array, or a combination of the above:

(a)

Bonus 1.0 additional du/ac;

(3)

To receive the following bonuses, the project is required to be designed to meet the eligibility requirements resulting in LEED N or LEED ND certification. However, the bonus indicated for LEED NC or LEED ND Platinum is a maximum density and inclusive of all other bonuses. The bonuses offered are as follows:

(a)

Certified: 1.0 additional du/ac;

(b)

Silver: 2.5 additional du's/ac;

(c)

Gold: 6.0 1.0 additional du's/ac.

(d)

Platinum: 9.0 additional du's/ac.

(4)

If different LEED certifications and their attenuating bonuses are chosen for different project parcels, the number of units as a result of the bonuses selected will be calculated proportionally based on the parcel's area.

Parking.

Minimum off-street parking. The applicant's design shall meet residential site improvement standards requirements for parking. However, a reduction in the required parking will be considered by the Board where the applicant can demonstrate that:

(1)

Transportation alternatives such as bicycle and walking are to be encouraged throughout the design process;

(2)

A viable, ongoing car sharing program is incorporated and has an adequate number of vehicles available with preference for project's site population;

(3)

Through professional testimony of current parking literature from recognized sources and presentation of similar or representative projects demonstrating that parking demand for this type of development differs;

(4)

Transportation alternatives are being employed and incorporated into the project's design, marketing strategy and will be affirmatively promoted;

(5)

The parking strategy developed, is supported by the City.

Where different residential buildings are located on the same tract, parking may be located within parking structures or provided under the multifamily buildings as described below.

(1)

Townhouses, brownstones.

(a)

Minimum. One parking space per dwelling unit must be provided in, under or adjacent to the dwelling unit, and the balance of the parking, as required by residential site improvement standards, may be provided elsewhere on the site.

(b)

Parking shall be provided as follows:

(c)

Parking garages must be accessed from either the side or rear of the buildings.

(d)

Parking in the rear of the townhouses or brownstones such as side-by-side and tandem parking for different units is permitted.

(e)

Parking for townhouses or brownstones may be provided under multifamily buildings on the same tract.

(f)

No individual driveways or parking shall be located between Broad Street and the building front facades.

(2)

Multifamily buildings: One parking space per dwelling unit shall be provided adjacent to or under the building. The balance of the parking as required by residential site improvement standards may be provided elsewhere on site. Creative parking and solutions to minimize the impact of vehicles, as reflected in Subsection D6a, above, should be considered.

(3)

Office/retail. A minimum of one parking space per 350 square feet of gross floor area shall be required on-site.

(4)

Mixed-use building. Total required for combined individual uses as indicated above.

Supplementary regulations.

(1)

Residential site improvement standards shall govern parking requirements for the project and its various phases within the overall project site except as otherwise noted or permitted by law. Surface parking is discouraged in favor of structured or underground parking (exceptions as noted above). Parking should be under the building and/or below grade to the greatest extent possible.

(2)

The developer will provide a pro rata share of street improvements for the purpose of the Broad Street Boulevard. The Broad Street Boulevard is to include upon appropriate approvals from the County and City: minimizing the number of curb cuts, a landscaped and vegetated median (where possible), which would also include appropriate landscaping and/or trees, widened sidewalks, street trees, pedestrian/vehicular improvements as well as an evaluation of on street parking and bicycle facilities such as bike lanes, signage, markings, bicycle parking, etc., in accordance with the design standards in Article XIV and the City of Summit Purchasing Manual.

(3)

Any parking structure on the site must be screened from public view as described below.

(4)

Stairs serving parking structures shall be fully enclosed.

Circulation.

(1)

Crosswalks shall serve as an extension of the sidewalk and shall be differentiated from roadways through the use of textures, materials and colors similar to those in use in the CRBD.

(2)

The parking for all uses within any parking structure shall be appropriately designed with respect to the integration of bicycle and alternative transportation/vehicle facilities.

Facade treatment/screening of parking structures.

(1)

All facades shall be architecturally detailed to provide pedestrian interest at the street. All voids in the parking structures shall be architecturally detailed or green-screened with vegetation so that lights and vehicles are camouflaged.

(2)

The visible exterior walls of parking structures shall be designed to reflect the occupied portions of the building (style, materials and the rhythm of the windows). The City's intent in enacting the above regulations is that no exposed exterior wall shall be detectable as a parking structure.

(3)

Parking structures shall be constructed so that no exhaust vents open directly onto any public street.

(4)

The lighting fixtures within a parking structure shall be recessed and not visible from Broad Street.

(5)

Loading and service areas shall be integral to a building's design and screened from public view to the extent feasible.

Design requirements.

General.

The design standards set forth herein shall supplement the design and performance standards contained in Article XIV of City of Summit Development Regulations. If there is a conflict, the provisions set forth in this section shall apply.

The development's architectural style should be cognizant of the "Design and Preservation Guidelines for Historic Properties in the City of Summit, New Jersey," prepared for the Summit Historic Preservation Commission in 2004. Although shown as single-family detached houses, this document should be consulted and the design balanced between the site's features and location while ensuring compatibility and/or assimilation with Summit's unique architectural heritage and CRBD.

Multifamily buildings located on along Broad Street shall be designed to appear as a series of townhouses or brownstone and approximating a thirty-foot module. These buildings shall provide a recessed or protected entrance with landscaped courtyards, patios and/or design elements to provide interest on the street. No multifamily building form shall exceed 165 feet in length along the Broad Street frontage.

The multifamily building form along Broad Street shall provide distinct and varied architectural features among buildings and provide significant articulation, including vertical and horizontal elements, to reduce massing on the street.

The project shall be designed so as to integrate the development into the site's unique topographical and existing conditions while softening the transition and edges between the street and adjacent properties.

Multiple buildings on a single tract shall be designed so as to be architecturally compatible with one another, utilizing common color schemes and natural material and/or sustainable green materials, and offer an attractive facade to the traveling public on Broad Street.

The appearance of all sides of a building are important and elevations of each side shall be provided. The guidelines for the fronts of buildings shall also apply to the side and rear yards unless obscured by slope or railroad structures or embankment.

Flat roofs shall be enclosed by parapets or other appropriate architectural treatment.

Green/open space.

The open space provided for the project shall be integrated throughout the project.

A detailed landscape and open space plan shall be provided that utilizes native trees and indigenous vegetation while harmonizing the various site elements (unit types, streets, public frontage and private drives, parking areas, walkways, buffers, plazas, open spaces and recreational or landscaped rooftops). Attention shall be taken to address the screening of the railroad, bases of lighting fixtures and utilities to the extent possible.

In addition to the open space/pervious area required, a minimum of 100 square feet of open space (front, side, rear, patio/deck) shall be required for each residential unit constructed. This open space shall be located adjacent to the residential unit to the extent possible. When not adjacent to a unit, the open space shall be collectively assembled and accessible to those units as a surface pocket park or rooftop park for the residents. On tracts T2 and T3, individual open space requirements may be located either adjacent to the unit or on a building's rooftop.

Mechanical/utilities.

Roof-vent penetrations shall be located 10 feet from any exterior building face.

Mechanical equipment and roof vents shall be enclosed and/or screened on the roof, while not detracting from the building facades.

All flat roofs shall be enclosed and screened by a parapet.

Every effort shall be made to make utilities including meters and access panels, hidden or disguised and as visually unobtrusive as possible.

Other.

The project shall be guided in environmentally sustainable goals and practices as identified in the Action Plan for a Sustainable Summit (2008).

All storage of refuse and recyclable materials shall be maintained within the confines of an enclosed building or structure and be screened and landscaped.

All benches, trash receptacles, lights, and other street furniture shall be compatible with the architecture of the buildings and shall complement the project and buildings' features.

Site lighting shall be energy-efficient, prevent light trespass and complement the architecture of the building.

Energy-efficient lighting/fixtures shall be utilized throughout the site and include dusk-activated timers and utilize solar energy to the extent possible.

The owner of the railroad tracks and/or trackage rights currently identified as the Rahway Valley Railroad Line, located in the Gateway II Zone, should be approached to determine whether (in the absence of any long-term plans to reactivate the line for a rail or freight transportation use) the easement may be converted to a pedestrian/bicycle linear path which shall be integrated into the project's landscaping and park plan with an anticipation of possible future linkages to the adjacent parking garage property, CRBD and train station.

Severability.

In the event that any portion or provisions of this section, or the application of this subsection to any specific situation or application, shall be declared invalid, such declaration shall not, in any manner, prejudice the enforcement of the remaining portions or provisions of this subsection, or the enforcement in other situations or applications.

All ordinances or parts of ordinances inconsistent with the provisions of this section are, to the extent of any such inconsistency, hereby repealed.

Zone area and bulk regulations. Zone area and bulk regulations shall apply to all subzones except where indicated in this chapter.

§ 35-13.25 OL-1 Overlay Zone District.

Purpose. The OL-1 Overlay Zone District, as shown on the accompanying Overlay Zone District Map, is designed to enable property within the overlay zone to be developed for stand-alone multifamily residential development, townhouses, and mixed-use multifamily residential development above at-grade retail/office use as an alternative to the underlying zone district regulatory provisions that are, and remain, in force. All forms of multifamily residential and townhouse development shall include an affordable housing set-aside as provided for elsewhere in this chapter.

Permitted uses.

Principal uses.

Multifamily.

Townhouses.

Mixed-use multifamily residential above at-grade retail/office uses.

Principal uses permitted in underlying zone district.

Accessory uses.

Uses which are customarily incidental and accessory to the principal permitted use as regulated by §§ 35-9.8 and 35-9.9.

Conditional uses.

None.

Supplementary requirements.

Area and bulk regulations. See accompanying Schedule of Area and Bulk Regulations located in the Appendix at the end of this chapter.[1] Supplemental multifamily and townhouse regulations, set forth herein below, shall also apply as additional regulatory controls.

Multifamily residential buildings: setbacks between multiple buildings on-site.

(1)

End wall (no openings) to end wall (no openings): 12 feet minimum.

(2)

Building face to parking area: 10 feet minimum.

(3)

End wall (no openings) to window wall: 25 feet minimum.

(4)

Window wall to window wall: 35 feet minimum.

Townhouse units: setbacks between buildings on-site:

(1)

End wall (no openings) to end wall (no openings): 12 feet minimum.

(2)

Building face to parking area: 10 feet minimum.

(3)

End wall (no openings) to window wall: 20 feet minimum.

(4)

Window wall to window wall: 30 feet minimum.

[1]

Editor's Note: The Appendixes are included as attachments to this chapter.

All proposed work shall be in accordance with the design requirements set forth in the Development Regulations Ordinance and consistent with the Development Design Guidelines in the Appendix of this chapter,[2] which are illustrative of the design requirements.

[2]

Editor's Note: The Appendixes are included as attachments to this chapter.

§ 35-13.26 OL-2 Overlay Zone District.

Purpose. The OL-2 Overlay Zone District, as shown on the accompanying Overlay Zone District Map, is designed to enable property within the overlay zone to be developed for stand-alone multifamily residential development or mixed-use multifamily residential development above at-grade retail use, as an alternative to the underlying zone district regulatory provisions that are, and shall remain, in force. Multifamily residential development shall include an affordable housing set-aside as provided for elsewhere in this chapter.

Permitted uses.

Principal uses.

Multifamily.

Mixed-use multifamily residential above at-grade retail uses. Multifamily residential uses shall be permitted at grade on streets other than Broad Street or Summit Avenue.

Principal uses permitted in underlying zone district.

Accessory uses.

Uses which are customarily incidental and accessory to the principal permitted use as regulated in §§ 35-9.8 and 35-9.9.

Conditional uses.

None.

Supplementary requirements.

Area and bulk regulations. See accompanying Schedule of Area and Bulk Regulations referenced in the Appendix located at the end of this chapter.[1]

[1]

Editor's Note: The Appendixes are included as attachments to this chapter.

All proposed work shall be in accordance with the design requirements set forth in the Development Regulations Ordinance and consistent with the Development Design Guidelines in the Appendix of this chapter, which are illustrative of the design requirements.

§ 35-13.27 OL-3 Overlay Zone District.

Purpose. The OL-3 Overlay Zone District, as shown on the accompanying Overlay Zone District Map, is designed to enable property within the overlay zone to be developed for stand-alone multifamily residential development or mixed-use multifamily residential development above at-grade retail/office use, as an alternative to the underlying zone district regulatory provisions that are, and shall remain, in force. Multifamily residential development shall include an affordable housing set-aside as provided for elsewhere in this chapter.

Permitted uses.

Principal uses.

Multifamily.

Mixed-use multifamily residential above at-grade retail/office uses. Multifamily residential uses shall be permitted at grade along Broad Street.

Principal uses permitted in underlying zone district.

Accessory uses.

Uses which are customarily incidental and accessory to the principal permitted use as regulated in §§ 35-9.8 and 35-9.9.

Conditional uses.

None.

Supplementary requirements.

Area and bulk regulations. See accompanying Schedule of Area and Bulk Regulations located in the Appendix at the end of this chapter.[1]

[1]

Editor's Note: The Appendixes are included as attachments to this chapter.

All proposed work shall be in accordance with the design requirements set forth in the Development Regulations Ordinance and consistent with the Development Design Guidelines in the Appendix of this chapter, which are illustrative of the design requirements.

§ 35-13.28 OL-4 Overlay Zone District.

Purpose. The OL-4 Overlay Zone District, as shown on the accompanying Overlay Zone District Map, is designed to enable property within the overlay zone to be developed for mixed-use multifamily residential development above at-grade retail use as an alternative to the underlying zone district regulatory provisions that are, and shall remain, in force. Multifamily residential development shall include an affordable housing set-aside as provided for elsewhere in this chapter.

Permitted uses.

Principal uses.

Mixed-use multifamily residential above at-grade retail uses.

Principal uses permitted in underlying zone district.

Accessory uses.

Uses which are customarily incidental and accessory to the principal permitted use as regulated in §§ 35-9.8 and 35-9.9.

Conditional uses.

None.

Supplementary requirements.

Area and bulk regulations. See accompanying Schedule of Area and Bulk Regulations located in the Appendix of this chapter.[1]

[1]

Editor's Note: The Appendixes are included as attachments to this chapter.

All proposed work shall be in accordance with the design requirements set forth in the Development Regulations Ordinance and consistent with the Development Design Guidelines in the Appendix of this chapter, which are illustrative of the design requirements.

§ 35-13.29 OL-5 Overlay Zone District.

Purpose. The OL-5 Overlay Zone District, as shown on the accompanying Overlay Zone District Map, is designed to enable property within the overlay zone to be developed for townhouse and stand-alone multifamily residential development, as more fully described in below, and mixed-use multifamily residential development above at-grade retail/office use, as more fully described in subsections below, as an alternative to the underlying zone district regulatory provisions that are, and shall remain, in force. Multifamily residential development shall include an affordable housing set-aside as provided for elsewhere in this chapter.

Permitted uses.

Principal uses.

Within a distance of 350 feet of the Euclid Avenue right-of-way, the property may be developed with stand-alone multifamily residential development and townhouses, provided that no buildings other than townhouses shall be permitted within 100 feet of Euclid Avenue.

Mixed-use multifamily residential dwellings located above at-grade retail/office uses shall be permitted within 200 feet of the DeForest Avenue right-of-way.

Townhouse development and mixed-use multifamily residential dwellings located above at-grade retail/office uses, as provided above, may be permitted to be designed with a common access and parking lot configuration.

Accessory uses.

Uses which are customarily incidental and accessory to the principal permitted use as regulated in §§ 35-9.8 and 35-9.9.

Conditional uses.

None.

Supplementary requirements.

Area and bulk regulations. See accompanying Schedule of Area and Bulk Regulations located in the Appendix at the end of this chapter.[1]

[1]

Editor's Note: The Appendixes are included as attachments to this chapter.

All proposed work shall be in accordance with the design requirements set forth in the Development Regulations Ordinance and consistent with the Development Design Guidelines in the Appendix of this chapter, which are illustrative of the design requirements.

§ 35-13.30 OL-6 Overlay Zone District.

Purpose. The OL-6 Overlay Zone District, as shown on the accompanying Overlay Zone District Map, is designed to enable property within the overlay zone to be developed for townhouse and multifamily residential development as an alternative to the underlying zone district regulatory provisions that are, and shall remain, in force. Multifamily residential development shall include an affordable housing set-aside as provided for elsewhere in this chapter.

Permitted uses.

Principal uses.

Townhouses.

Multifamily.

Principal uses permitted in underlying zone district.

Accessory uses.

Uses which are customarily incidental and accessory to the principal permitted use as regulated in §§ 35-9.8 and 35-9.9.

Conditional uses.

None.

Supplementary requirements.

Area and bulk regulations. See accompanying Schedule of Area and Bulk Regulations located in the Appendix at the end of this chapter.[1]

[1]

Editor's Note: The Appendixes are included as attachments to this chapter.

All proposed work shall be in accordance with the design requirements set forth in the Development Regulations Ordinance and consistent with the Development Design Guidelines in the Appendix of this chapter, which are illustrative of the design requirements.

§ 35-13.31 OL-7 Overlay Zone District.

Purpose. The OL-7 Overlay Zone District, as shown on the accompanying Overlay Zone District Map, is designed to enable property within the overlay zone to be developed for multifamily residential development as an alternative to the underlying zone district regulatory provisions that are, and shall remain, in force. Multifamily residential development shall include an affordable housing set-aside as provided for elsewhere in this chapter.

Permitted uses.

Principal uses.

Multifamily.

Principal uses permitted in underlying zone district.

Accessory uses.

Uses which are customarily incidental and accessory to the principal permitted use as regulated in §§ 35-9.8 and 35-9.9.

Conditional uses.

None.

Supplementary requirements.

Area and bulk regulations. See accompanying Schedule of Area and Bulk Regulations located in the Appendix at the end of this chapter.[1]

[1]

Editor's Note: The Appendixes are included as attachments to this chapter.

Design requirements.

All proposed work shall be in accordance with the design requirements set forth in the Development Regulations Ordinance and consistent with the Development Design Guidelines in the Appendix of this chapter, which are illustrative of the design requirements.

Development of this site for any permitted overlay zone uses shall provide its vehicular access through Ashwood Court.

§ 35-13.32 Morris Broad Crossroads (MBC) Zone District.

[Added 6-11-2024 by Ord. No. 24-3319[1]; amended 10-7-2025 by Ord. No. 25-3357]

Purpose. The purpose of the Morris & Broad Crossroads Zone is to address a portion of the City’s affordable housing obligation and, pursuant to the policy recommendations set forth in the Master Plan, accommodate a number of public purposes, including but not limited to the provision of multifamily residential development with a mandatory affordable housing set aside, useable open green space, public parking adjacent to public uses and the Downtown, and accessibility to St. Teresa Memorial Hall as befits a local historic landmark. The entire zone shall be developed as a single comprehensive integrated design.

Zone Boundary. The Morris Broad Crossroads Zone District "Tract" shall include the following lots:

Block	Lot	Property Address
2706	1	406 Broad Street
2706	2	402 Broad Street
2706	3	384-392 Broad Street
2706	4	7 Cedar Street

Permitted Uses.

Principal Uses. The following uses shall be permitted in the MBC Zone; provided, however, that any developer that elects to develop in accordance with the MBC Zone standards shall be required to construct at least thirty (30) residential units as part of said development.

Multifamily residential units.

Mixed-use multifamily: residential units at or above grade with one or more retail store, excluding convenience stores, or retail food establishments, each not to exceed a gross floor area of 3,000 square feet.

Offices, excluding medical and dental offices.

Townhouses, including stacked duplex townhouses.

Accessory Uses.

Uses which are customarily incidental and accessory to the principal permitted use as regulated in § 35-9.8 and § 35-9.9.

The following accessory uses are expressly prohibited:

(1)

Drive-thru facilities.

(2)

Detached garages and sheds.

(3)

Standalone parking structures.

Bulk Requirements.

The table below sets forth the bulk requirements of the MBC Zone.

MBC Zone Bulk Requirements
Requirement	MBC Zone
Min. Tract Area	The Tract shall include Block 2706 Lots 1, 2, 3 & 4. The minimum tract area is 1.5 ac.
Max. Tract Floor Area Ratio (FAR)	120% (1.2 FAR)⁽¹⁾
Min. Density	20 du/ac⁽²⁾
Max. Density	32 du/ac
Min. Affordable Housing Set-Aside	15% for rental units; 20% for non-rental units⁽³⁾
Min. Lot Width	N/A
Min. Lot Line Setback at Broad Street	15 feet⁽⁴⁾
Min. Lot Line Setback at Cedar Street	10 feet⁽⁴⁾
Min. Lot Line Setback at Morris Avenue	20 feet⁽⁴⁾
Min. Lot Line Setback at South Lot Lines of Tract	40 feet^{(4, 5)}
Max. Tract Building Coverage	35%⁽⁴⁾
Max. Tract Lot Coverage	75%⁽⁴⁾
Max. Building Length	180 ft⁽⁴⁾
Max. Building Height	All permitted uses: 3 stories/36 feet; Office uses only: 3 stories/42 feet; or All permitted uses, including office: 4 stories/48 feet⁽⁶⁾
Min. Distance Between Buildings on Tract	100 feet⁽⁴⁾
Min. Open Space	9,000 sf of contiguous green space⁽⁷⁾ which shall include a minimum 100-foot-wide frontage on Broad Street (can include paved access driveway alongside or in required 9,000 sf)

(1)	For clarification, below grade and on grade parking structures shall be excluded from the FAR calculation.
(2)	In no event shall the total number of residential units provided on tract be less than 30 units.
(3)	Irrespective of the minimum affordable housing set-aside percentage, in no event shall there be fewer than seven (7) affordable units provided on tract.
(4)	Excludes below grade parking structures.
(5)	Setback shall be sufficient to provide adequate circulation, loading and access at St. Teresa Memorial Hall north entry, including a driveway between the south lot line and on tract buildings.
(6)	The fourth floor shall have a minimum setback of 10 feet from the exterior building walls on the western, northern and eastern sides, with the exception of the fourth floor fronting Cedar Street, which shall have a minimum setback of 20 feet from the exterior building wall.
(7)	'Green space' shall mean pervious areas planted with a combination of lawn, plants, trees and pervious hardscape materials in accordance with a comprehensive landscape plan.

Parking, Loading and Circulation.

The table below sets forth the parking and loading requirements for the MBC Zone.

MBC Zone Parking and Loading Requirements
Requirement	MBC Zone
Minimum Number of Parking Spaces - Residential	Per Residential Site Improvement Standards (RSIS)
Minimum Number of Parking Spaces - Nonresidential	Per DRO, § 35-14.1P, except that office uses shall require 1 space per 500 sf of GFA
Minimum Number of Public Parking Spaces (Replacing 59 public spaces at Chestnut Lot)	32 on-tract surface parking spaces⁽¹⁾
Min. Number of Parking Spaces Dedicated for St. Teresa Memorial Hall	7 spaces or loading area sufficient to accommodate 7 parking spaces adjacent to the northern loading door of the church building on Lot 7
Minimum Loading	Per DRO, § 35-14.1P

(1)	The remaining 20 public parking spaces shall be captured by the City as on-street parking along Broad Street and Cedar Street in the immediate vicinity of the site.

Additional Parking, Loading and Circulation Requirements.

The combined minimum number of required parking spaces for the residential and nonresidential uses of the tract may be provided in an underground parking structure and/or ground level parking area under the building. Garage and surface parking is permitted for townhouse uses.

Ground level parking structures shall be screened on all sides with architectural features, materials and fenestration that complement the building. Garage entrances shall not face Broad Street and surface parking is prohibited in the front yard area facing Broad Street.

Parking stackers shall be permitted only in the parking structure.

Vehicular access and a minimum of seven on-tract parking spaces shall be dedicated for St. Teresa Memorial Hall and located immediately north of Lot 7 in accordance with the agreement between the Church and the City.

The public sidewalk along the Broad Street right-of-way shall have a minimum width of 10 feet. The public sidewalks along the Morris Avenue and Cedar Street rights-of-way shall have a minimum width of four feet.

The site plan shall accommodate bicycle parking which may include surface public bicycle parking and/or private bicycle storage.

Parking, loading and circulation requirements not specified herein shall be subject to the applicable requirements set forth in Chapter 35, Development Regulations.

The electric vehicle (EV) parking requirement shall be in accordance with the applicable state requirements.

Any driveway on Morris Avenue shall be restricted to right turn in and right turn out movements only to minimize conflicts with the Broad Street and Morris Avenue intersection.

Supplementary Requirements.

The developer shall submit a single comprehensive integrated site development plan for the entire tract.

Green building development bonus incentives set forth in § 35-9.15 are not available for development in accordance with the MCB Zone.

More than one principal building is permitted on the tract.

Site plan applications shall include a comprehensive landscape and streetscape plan prepared by a licensed landscape architect or similarly qualified professional subject to Planning Board review and approval. Street trees shall be installed along all tract frontages at a maximum spacing of 44 feet.

Signage for the MBC Zone shall be in accordance with the City's sign regulations applicable to the B Zone.

Lighting, landscaping, design and performance requirements, stormwater management and other site plan requirements not specified herein shall be subject to the applicable requirements set forth in Chapter 35.

Surface parking areas shall be separated from lot lines by a landscape buffer at least five feet wide.

The exterior building designs and materials shall reflect the historic character of the City, particularly the Downtown area, a national and state registered historic district.

Prior to the submission of a site plan application to the Planning Board, the prospective developer shall be required to attend a technical review meeting with a subcommittee appointed by the Common Council.

10.

The existing triangular landscape area at the northwest corner of the tract at the intersection of Broad Street and Morris Avenue shall be preserved to the greatest extent possible and enhanced while conforming to the DRO’s sight triangle and other requirements.

11.

The development shall comply with the applicable design requirements set forth in Article XIV and Development Design Guidelines in Attachment 1 of Chapter 35.[2]

[2]

Editor's Note: The Development Design Guidelines are included as an attachment to this chapter.

[1]

Editor's Note: This ordinance also repealed and replaced prior § 35-13.32, Broad Street West Redevelopment Area.

Summit City Zoning Code

ARTICLE XIII

Zoning Regulations

§ 35-13.1 Zoning regulations.

§ 35-13.2 R-5 Single and Two-Family Zone.

Permitted uses.

Principal uses.

Detached single-family dwellings.

Twin house dwellings.

Two-family dwellings.

Public parks and playgrounds.

Accessory uses:

Uses which are customarily incidental and accessory to the principal permitted use as regulated in §§ 35-9.8 and 35-9.9.

Conditional uses:

Houses of worship.

Educational institutions.

Supplementary requirements.

Twin houses shall be on adjacent lots of 5,000 square feet per dwelling unit by recorded agreement of owners and provided that side yards are doubled on unattached sides of the buildings.

Two-family houses shall be located on lots with a minimum lot area of 10,000 square feet.

[1]

Editor's Note: The Appendixes are included as attachments to this chapter.

§ 35-13.3 R-6, R-10, R-15, R-25 and R-43 Single-Family Zones.

Permitted uses.

Principal uses.

Detached single-family dwellings.

Public parks and playgrounds.

Accessory uses.

Uses which are customarily incidental and accessory to the principal permitted use as regulated in §§ 35-9.8 and 35-9.9.

Conditional uses.

Houses of worship.

Educational institutions.

Recreational facilities, private (R-43 only).

Enclosed public utility buildings (R-10 and R-6 only).

Supplementary requirements.

[1]

Editor's Note: The Appendixes are included as attachments to this chapter.

§ 35-13.4 TH-1 Townhouse 1 Zone.

Permitted uses.

Principal uses.

Townhouses subject to the requirements as imposed by this subsection and other provisions of the DRO consistent herein.

Accessory uses.

Uses which are customarily incidental and accessory to the principal permitted use as regulated in §§ 35-9.8 and 35-9.9.

Conditional uses.

None.

Supplementary requirements.

[1]

Editor's Note: The Appendixes are included as attachments to this chapter.

Minimum setback of access driveways abutting residential uses or zones: 20 feet.

Minimum setback of access driveways abutting railroad right-of-way and nonresidential uses or zones: 10 feet. An enhanced evergreen landscaped buffer shall be required.

Minimum setback from building to edge of access driveway: 25 feet.

Minimum distance between buildings: 20 feet.

Permitted encroachments into the setbacks and yards: chimneys (not more than 24 inches); overhangs, bay windows, trellis (front yard only).

Maximum number of units per building: six.

10.

Required parking: two parking spaces per unit shall be garaged.

11.

Accessory uses or structures are not permitted between the building and the access driveway.

12.

No public roadways shall be provided within the tract. Access driveways shall be a minimum of 22 feet in width with battered curbs.

13.

Trash/recycling containers shall be housed in garages and placed at the curb the night before or the morning of collection.

14.

One freestanding sign shall be permitted along the Russell Place frontage. The sign shall not exceed 12 square feet in area, three feet in height and shall not intrude into the sight triangle.

15.

No backlight signs or those in which letters are silhouetted against a light background are permitted. External lighting may be permitted.

16.

No fences shall be permitted along the Russell Place frontage.

§ 35-13.5 TH-2 Townhouse 2 Zone.

Permitted uses.

Principal uses.

Townhouses.

Single-family detached dwellings subject to the requirements of the R-10 Zone.

Accessory uses.

Uses which are customarily incidental and accessory to the principal permitted use as regulated in §§ 35-9.8 and 9.9.

Conditional uses.

None.

Supplementary requirements.

Minimum buffer setbacks. Seventy-five feet along Prospect Street and 150 feet along Tulip Street.

Access driveways. No access driveway shall be permitted from Tulip Street.

Minimum distance between buildings.

End wall to end wall (no windows): 12 feet.

Any window wall to end wall: 30 feet.

Window wall to window wall: 60 feet.

Other requirements.

Minimum four-foot building offset shall be provided for each two attached single-family units.

Maximum number of units in a building: six.

Accessory structures shall harmonize architecturally with and be constructed of materials of like character to those used in the principal structure.

Common open space shall meet the requirements of N.J.S.A. 40:55D-43.

Design requirements. The following criteria should be considered in the design of townhouse developments:

[1]

Editor's Note: The Appendixes are included as attachments to this chapter.

The natural vegetation and topography of the site should be preserved to the maximum extent possible.

Any building rear yard shall be screened from the public right-of-way with fencing or landscaping to the maximum extent possible.

Use of existing driveways shall be encouraged to minimize disturbance to the maximum extent possible.

Freestanding walls up to seven feet in height are permitted in the front yard setback, but outside the front yard buffer along Prospect Street.

§ 35-13.6 MF Multifamily Zone.

Purpose. The purpose of the MF Zone is to permit multifamily residential uses at appropriate densities at locations accessible to commercial services and public facilities.

Permitted uses.

Principal uses.

Detached single-family dwellings subject to the requirements of the R-5 Zone.

Twin house and two-family dwellings subject to the requirements of the R-5 Zone.

Townhouses.

Apartments.

Condominiums.

Public parks and playgrounds.

Accessory uses.

Uses which are customarily incidental and accessory to the principal permitted use as regulated in §§ 35-9.8 and 35-9.9.

Conditional uses.

Houses of worship.

Institutional uses.

Educational institutions.

Supplementary requirements.

[1]

Editor's Note: The Appendixes are included as attachments to this chapter.

§ 35-13.7 MFT Multifamily Tower Residential Zone.

Purpose. The MFT Zone is intended for multifamily apartments in a range of building types.

Permitted uses.

Principal uses.

Detached single-family dwellings subject to the requirements of the R-5 Zone.

Twin house and two-family dwellings subject to the requirements of the R-5 Zone.

Townhouses.

Apartments.

Condominiums.

Assisted living.

Accessory uses.

Uses which are customarily incidental and accessory to the principal permitted use as regulated in §§ 35-9.8 and 35-9.9.

Conditional uses.

Houses of worship.

Educational institutions.

Supplementary requirements.

[1]

Editor's Note: The Appendixes are included as attachments to this chapter.

§ 35-13.8 MF/TOD Multifamily/Transit Oriented Development Zone.

Permitted uses.

Principal uses.

Residential clusters, which may include the following housing types:

(1)

Detached single-family dwellings.

(2)

Twin house and two-family dwellings.

(3)

Townhouses.

(4)

Brownstones.

(5)

Multifamily units as described.

Public parks and playgrounds.

Accessory uses.

Uses which are customarily incidental and accessory to the principal permitted use as regulated in §§ 35-9.8 and 35-9.9.

Conditional uses.

None.

Supplementary requirements.

The bulk requirements for the zone are as shown in the Schedule of Space Regulations located in the Appendix at the end of this chapter.[1]

[1]

Editor's Note: The Appendixes are included as attachments to this chapter.

All proposed work shall be in accordance with the design requirements set forth in the Development Regulations Ordinance and consistent with the Development Design Guidelines in the Appendix of this chapter,[2] which are illustrative of the design requirements.

[2]

Editor's Note: The Appendixes are included as attachments to this chapter.

While a variety of housing types are permitted, lots must be consolidated and developed as a residential cluster.

The site design shall be such that, regardless of housing type, there shall be a unified parking area which is served by a single two-way driveway.

[3]

Editor's Note: See § 35-13.8C13c.

10.

11.

Affordable housing pursuant to the City's Housing Element/Fair Share Plan and/or as determined by the City's housing professionals and Common Council shall be provided.

12.

13.

Permitted density shall be calculated as follows:

In calculations of density where a number is a fraction or includes a fraction of the whole, for the purposes of this subsection it shall be rounded up.

[4]

Editor's Note: The Appendixes are included as attachments to this chapter.

(1)

(a)

3.0 additional units per acre.

(b)

(2)

(a)

1.0 additional unit per acre.

(3)

(a)

LEED ND/NC silver: 1.0 units per acre.

(b)

LEED ND/NC gold: 2.0 units per acre.

Off-street parking.

Car-share programs; their availability to the development, neighborhood and to the community and whether adequate numbers of vehicles are available to the community; and

Evidence that transportation alternatives will be offered and affirmatively promoted in the marketing strategy for the project.

§ 35-13.9 RAH-1 Affordable Housing Zone.

Permitted uses.

Principal uses.

Detached single-family dwellings.

Accessory uses.

Uses which are customarily incidental and accessory to the principal permitted use as regulated in §§ 35-9.8 and 35-9.9.

Conditional uses.

None.

Supplementary requirements.

Maximum number of lots: not to exceed the number calculated by dividing the gross area of the property to be developed by 15,000 square feet.

Minimum setback from railroad right-of-way: 50 feet.

Fences. Permitted in rear and side yards only; side yard fences shall not exceed four feet in height.

[1]

Editor's Note: The Appendixes are included as attachments to this chapter.

Affordable housing contribution.

In return for the density bonus provided by this zone, a contribution in the amount of $20,000 per bonus unit shall be paid to the Affordable Housing Fund provided in this chapter.

The required contribution shall be payable on a pro rata basis (applicable to all approved lots) prior to the issuance of individual certificates of occupancy.

§ 35-13.10 CRBD Central Retail Business District Zone.

Permitted uses.

Principal uses.

Retail sales.

Restaurants and other eating establishments, except that drive-in or drive-through facilities shall not be permitted.

Residential uses above the first floor.

Theaters, including movie theaters, performing arts centers and event spaces for arts and entertainment.

Personal service facilities, except coin-operated laundries. Personal training and tutoring, provided they are not located on the first floor facing the street.

Health clubs subject to § 35-13.10C2 where located on the first floor facing a street.

Lodges and social clubs above the first floor.

Galleries and museums.

Private clubs above the first floor.

Temporary/seasonal uses, limited to three months in duration and including holiday businesses and services, political offices and tax preparation.

Accessory uses.

Uses which are customarily incidental and accessory to the principal permitted use as regulated in §§ 35-9.8 and 35-9.9.

Conditional uses.

None.

Supplementary requirements.

[1]

Editor's Note: The Appendixes are included as attachments to this chapter.

Instructional school and studios in the CRBD Zone located on the first floor shall comply with the following design requirements:

A minimum of 60% of the street-facing facade that is between two feet and eight feet in height must be comprised of clear windows.

Doors shall be provided with at least 40% of glass panels in order to maximize the visibility of the interior space.

Windows shall not be obscured with elements that prevent pedestrians from seeing inside.

Window displays shall not include full-height backdrops that block view into the interior space.

§ 35-13.11 B Business Zone.

Purpose. The B Zone is intended for the conduct of general business to which the public requires direct and frequent access as prime customers, clients, or patients.

Permitted uses.

Principal uses.

Retail sales, except that drive-through facilities are prohibited.

Offices.

Restaurants and other eating establishments, except that drive-through facilities shall not be permitted.

Financial institutions, except that drive-through facilities are prohibited.

Residential uses above the first floor.

Theaters.

Personal service facilities.

Retail service facilities.

Dance schools and studios.

Health clubs.

Lodges and social clubs above the first floor.

Funeral parlors.

Institutional uses.

Instructional schools.

Automobile sales.

Private clubs.

Adult day care.

Accessory uses.

Uses which are customarily incidental and accessory to the principal permitted use as regulated in §§ 35-9.8 and 35-9.9.

Conditional uses.

Gasoline service stations.

Automotive repair.

Houses of worship.

Supplementary requirements.

[1]

Editor's Note: The Appendixes are included as attachments to this chapter.

§ 35-13.12 B-1 Business-1 Zone.

Purpose. The intent of the B-1 Zone is to provide adaptive reuse of, and maintain, an existing building in a manner sensitive to neighboring residential development.

Permitted uses.

Principal uses.

Office buildings.

Child-care centers.

Private clubs.

Accessory uses.

Uses which are customarily incidental and accessory to the principal permitted use as regulated in §§ 35-9.8 and 35-9.9.

Conditional uses:

None.

Supplementary requirements.

Common driveways are permitted to access both office development in the B-1 Zone and residential development in the adjacent TH-2 Zone.

[1]

Editor's Note: The Appendixes are included as attachments to this chapter.

§ 35-13.13 NB Neighborhood Business Zone.

Permitted uses.

Principal uses.

Retail sales and services.

Personal service facilities.

Professional offices.

Dance schools and studios.

Restaurants and other eating establishments except that drive-in or drive-through facilities shall not be permitted.

Principal permitted uses found in the R-5 Residential Zone, subject to the standards of that zone.

Residential uses above the first floor.

Financial institutions except that drive-through facilities shall not be permitted.

Adult day care.

Private clubs.

Accessory uses:

Uses which are customarily incidental and accessory to the principal permitted use as regulated in §§ 35-9.8 and 35-9.9.

Conditional uses:

Houses of worship.

Philanthropic uses.

Supplementary requirements.

[1]

Editor's Note: The Appendixes are included as attachments to this chapter.

No parking shall be permitted between the front building facade and the street right-of-way.

No single building on a lot shall contain more than 10,000 square feet of gross floor area.

All new buildings and any existing buildings that are expanded shall contain at least two stories above grade.

The roof pitch on all new buildings and on existing buildings where a second floor is added or created shall be a minimum of 4:12.

Each business establishment shall have a visually prominent entrance from the street right-of-way.

Use of shared driveways shall be encouraged.

A five-foot landscaped buffer shall be required along the rear property line. If parking is located in the rear, this buffer shall be in addition to the requirements of § 35-14.1L and P below.

10.

Trash disposal areas shall be located as far from residential zone boundaries as possible.

11.

§ 35-13.14 ORC Office Residential Character Zone.

Permitted uses.

Principal uses.

One- and two-family residential dwellings subject to the R-5 Zone requirements.

Offices; professional offices.

Mixed-use structures of office suite(s) and one or more residential unit(s). Residential dwelling units and office suites shall contain a minimum of 500 square feet each.

Multifamily dwellings.

Private clubs.

Accessory uses.

Uses which are customarily incidental and accessory to the principal permitted use as regulated in §§ 35-9.8 and 9.9.

Conditional uses.

Houses of worship.

Philanthropic uses.

Supplementary requirements.

Buffer. A five-foot landscaped buffer shall be required along each side yard, and a seven-foot landscaped buffer shall be required along the rear property line.

Parking.

No parking shall be permitted in the required front yard or between any part of the front building facade and the street right-of-way line.

Design requirements.

[1]

Editor's Note: The Appendixes are included as attachments to this chapter.

Building design requirements.

A minimum of one primary building entrance shall be incorporated into the front facade. Sidewalks shall be provided within the front yard area for access from the existing sidewalk system.

The visual character of buildings along street frontages and entryways shall encourage pedestrian access.

Fire escapes are prohibited on the front facade of buildings. On corner lots, both facades facing the street shall be considered front facades.

Trash disposal.

Trash disposal areas are prohibited between the front facade and the street right-of-way and shall be screened from view from the street right-of-way.

Storage. All provisions and facilities for storage, other than pickup of refuse and recyclables, shall be contained within a principal building.

§ 35-13.15 ORC-1 Office Residential Character-1 Zone.

Permitted uses.

Principal uses.

Detached single-family dwellings subject to the R-10 Zone requirements.

Offices; professional offices; only if incorporated within and maintaining an existing structure.

Private clubs.

Accessory uses.

Uses which are customarily incidental and accessory to the principal permitted use as regulated in §§ 35-9.8 and 35-9.9.

Conditional uses:

Houses of worship.

Philanthropic uses.

Supplementary requirements.

[1]

Editor's Note: The Appendixes are included as attachments to this chapter.

Buffer.

A ten-foot landscaped buffer shall be required along each side yard and along each rear property line.

The landscaped buffer shall include a mix of columnar evergreen trees and deciduous trees, preserving wherever possible existing, mature trees.

Parking.

No parking shall be permitted in the required front yard or between any part of the front building facade and the street right-of-way line.

Driveways. Shared driveways between adjacent properties are strongly encouraged.

Lighting.

All lighting shall conform to general regulations in Article XIV, as modified herein.

Lighting shall be located no closer than eight feet to a property line and shall be no higher than eight feet in height.

Light fixtures shall be of a shoebox or similar design to avoid any up-lighting or halo effect. Fixtures shall be shielded to prevent spillage onto adjacent properties.

Design requirements.

Development shall adhere to the design requirements set forth in Article XIV and design guidelines located in the Appendix at the end of this chapter.

Building design requirements.

A minimum of one primary building entrance shall be incorporated into the front facade. Sidewalks shall be provided within the front yard area for access from the existing sidewalk system.

The visual character of buildings along street frontages and entryways shall encourage pedestrian access.

Fire escapes are prohibited on the front facade of buildings. On corner lots, both facades facing the street shall be considered front facades.

Shade trees.

To enhance the residential character of the lots in this zone, shade trees shall be part of the overall landscape plan.

Existing shade trees in good condition shall be preserved wherever possible.

Shade trees shall be provided within the parking area and the buffer areas and shall be included in other areas as appropriate for the overall landscape plan.

Trash disposal.

Trash disposal areas are prohibited between the front facade and the street right-of-way and shall be screened from view from the street right-of-way.

10.

Storage. All provisions and facilities for storage, other than pickup of refuse and recyclables, shall be contained within a principal building.

§ 35-13.16 LI Light Industrial Zone.

Permitted uses.

Principal uses.

Research laboratories.

Product development laboratories.

Offices having a parking requirement of no more than one space per 300 square feet of gross floor area.

Printing facilities.

Warehousing of lightweight materials.

Manufacturing of small packaged items such as drugs and pharmaceuticals.

Health clubs.

Breweries, distilleries and winemaking, which may or may not include facilities for on-site public consumption.

Self-storage facilities.

Indoor recreation and sports facilities.

Urgent care facilities.

Adult day-care facilities.

Accessory uses.

Uses which are customarily incidental and accessory to the principal permitted use as regulated in §§ 35-9.8 and 35-9.9.

Conditional uses.

None.

Supplementary requirements.

[1]

Editor's Note: The Appendixes are included as attachments to this chapter.

§ 35-13.17 PROD Planned Research Office Development Zone.

Permitted uses.

Principal uses.

(1)

Administrative, corporate, research and general offices.

(2)

Computer centers, data processing and communications.

(3)

Pharmaceutical research and development operations which includes discovery through clinical trials.

(4)

Pilot plants.

(5)

(6)

Accessory uses.

Child-care centers.

Buildings, structures and uses owned or operated by the City of Summit.

Conference center and in-service training school for employees.

Conference and assembly halls for meetings incidental to the business of any permitted use.

Maintenance, utility and storage facilities incidental to any permitted use.

Surface parking and loading areas provided in conjunction with a permitted use.

Off-street parking in elevated structures as a conditional use subject to the standards set forth in Article XIV.

Conditional uses.

[1]

Editor's Note: The Appendixes are included as attachments to this chapter.

The planned development phasing schedule shall include the construction of one or both of the parking structures in one of the early phases.

Supplementary requirements.

All proposed work shall be in accordance with the design requirements set forth in the Development Regulations Ordinance and consistent with the Development Design Guidelines in the Appendix of this chapter,[2] which are illustrative of the design requirements.

[2]

Editor's Note: The Appendixes are included as attachments to this chapter.

The circulation plan required by § 35-5.24C shall include the following supplementary elements:

(1)

The following intersections shall be reviewed for primary and secondary impact.

(a)

River Road and Route 24.

(b)

Kent Place Boulevard and Morris Avenue.

(c)

Chatham Road into Chatham (intersections with Summit Avenue and Hillside Avenue).

(d)

Watchung Avenue and Fairmount Avenue.

(e)

Mount Vernon Avenue and River Road.

(2)

The general study area shall also encompass all intersections within a 3/4 mile radius of any portion of the PROD Zone.

(3)

The traffic study shall also include a comparison of the proposed and existing uses with the historical maximum site population 2,500 employees.

Building design.

Design of canopies shall be in keeping with the design of the building(s).

Loading areas shall be screened using architectural walls and landscaping.

Building color and texture.

Simple and uniform texture patterns are encouraged to create shadow patterns.

Variations in color shall be kept to a minimum.

Colors shall be subdued in tone.

Accent colors may be used to express corporate identity.

Building height.

[3]

Editor's Note: The Appendixes are included as attachments to this chapter.

Building mass and form.

The architectural character of each proposed building or structure shall be of a complementary design and style for the campus.

Buildings shall generally have a horizontal appearance brought about by the use of horizontal bands and fascia to minimize the verticality of the structure.

Materials, colors and finishes shall be coordinated on all exterior elevations of each building.

Architectural designs shall be evaluated in terms of the sensitive integration of form, textures, and colors with the particular landscape and topographic characteristics of the site.

Groups of related buildings shall be designed to present a harmonious appearance in terms of style and use of exterior materials, fenestration and roof type.

(1)

Roofline variation;

(2)

Grouping into smaller or multiple structures;

(3)

Mature landscaping and land form manipulation;

(4)

Offsets and/or breaks in the building line;

(5)

Patterned walls;

(6)

Fenestration;

(7)

Color changes.

Opportunities to provide walkway systems to adjoining buildings, including common plazas or courtyards, are encouraged.

10.

11.

12.

13.

Landscaping.

(1)

Setback and buffer areas along roadways as well as adjacent to residentially zoned properties;

(2)

Parking lots and areas around buildings.

The design and development of landscaping shall:

(1)

Enhance the appearance of the site internally and from a distance;

(2)

Include street trees and street-side landscaping;

(3)

Provide an integrated open space and pedestrian way system within the development with appropriate connections to surrounding properties;

(4)

Include, as appropriate, bike paths, bike lanes, sidewalks, pedestrian walkways or jogging trails;

(5)

Provide buffering or transitions between uses.

All required planting and screening shall be maintained in good condition.

14.

Lighting.

Well-designed lighting of the building exterior shall be permitted, provided that the lighting complements the architecture. Lighting shall not draw inordinate attention to a building facade.

Exterior lighting fixtures shall not exceed a maximum lighting intensity of 4,000 Kelvin (K).

Lighting for pedestrian walkways may include either cutoff or exposed light sources, but the height and intensity of the light must be subdued.

All lighting designs and installation are subject to Planning Board review and approval.

15.

16.

Parking and circulation.

Land or Building Use	One Space for Each:
Offices	333 square feet gross floor area
Research and development	1,000 square feet gross floor area
Utilities and warehouse	2,000 square feet gross floor area

(1)

People with disabilities (all types of parking);

(2)

Employee vanpool vehicles; and

(3)

Employee carpool vehicles.

Traffic entrances and exits to property may not be on minor residential streets, but must be only on collector or arterial roads, as designated in the City Master Plan.

Any new parking structure shall be subject to variable setbacks to assure the appropriateness of such a use at its proposed location.

17.

Refuse collection and recycling.

Collection areas shall be designed to contain all material generated on site and deposited between collections. Deposited material shall not be visible from outside the enclosure.

Collection enclosures shall be designed of durable materials with finishes and colors that are unified and harmonious with the overall architectural theme.

Collection areas shall be designed and located upon the property as to be convenient for the deposition of material generated on the site.

An option to reduce the visual impact of collection containers shall be to store and compact material inside a building at the service area, thus eliminating the need to screen containers.

Storage and disposal and/or recycling of solid waste and research waste shall be in compliance with applicable state and federal regulations.

18.

19.

Sidewalks and/or pathways.

Where appropriate, connections shall be made between on-site and perimeter sidewalk and/or pathway circulation systems.

20.

Signage.

An overall graphic signage plan shall be developed to complement the overall site layout.

As the need may arise during construction of a planned development, directory-type signs identifying groups of building locations may be established.

21.

Site layout.

Through the site access locations and on-site circulation and building layout, there shall be minimum conflicts between service vehicles, private automobiles and pedestrians.

Visitor building entrances and vehicular entrance driveways shall be readily identifiable and accessible to the first-time visitor.

Building entries shall be highlighted by such features, including:

(1)

Outdoor patios;

(2)

Ceremonial entry porte cocheres;

(3)

Plazas, paver block or brick crosswalks or other landscape features;

(4)

Overhangs and peaked roof forms;

(5)

Specially treated architectural walls;

(6)

Covered walkways;

(7)

Recesses, projections and arches.

22.

Storage.

23.

Street furniture, plazas and other amenities.

24.

25.

§ 35-13.18 PROD-2 Planned Research Office Development Zone.

Permitted uses.

Principal uses.

(1)

Administrative, corporate, research and offices.

(2)

Computer centers, data processing and communications.

(3)

Pharmaceutical research and development operations, which includes discovery through clinical trials.

Accessory uses.

Child-care centers.

Buildings, structures and uses owned or operated by the City of Summit.

Restaurants or cafeterias supplying meals only to employees and guests of the permitted use.

Pilot plants.

Parking structures or garages.

Conditional uses.

None.

Supplementary requirements.

A general development plan shall be submitted within two years from the date of site occupancy or prior to filing an application for development of the site, whichever is earlier.

[1]

Editor's Note: The Appendixes are included as attachments to this chapter.

Building mass and form.

The architectural character of each proposed building or structure shall be of a complementary design and style for the campus.

New buildings and additions shall generally have a horizontal appearance brought about by the use of horizontal bands and fascia to minimize the verticality of the structure.

Materials, colors and finishes shall be coordinated on all exterior elevations of each building.

Architectural designs shall be evaluated in terms of the sensitive integration of form, textures, and colors with the particular landscape and topographic characteristics of the site represented.

Groups of related buildings shall be designed to present a harmonious appearance in terms of style and use of exterior materials, fenestration and roof type.

(1)

Roofline variation;

(2)

Grouping into smaller or multiple structures;

(3)

Mature landscaping and land form manipulation;

(4)

Offsets and/or breaks in the building line;

(5)

Patterned walls;

(6)

Fenestration;

(7)

Color changes.

Parking and circulation.

Land or Building Use	One Space for Each:
Offices	333 square feet gfa
Research and development	1,000 square feet gfa
Utilities and warehouse	3,500 square feet gfa