West Orange City Zoning Code
§ 25-20
IHO-1 INCLUSIONARY HOUSING OVERLAY DISTRICT
[Added 10-20-2020 by Ord. No. 2619-20]
a.
Purpose. The purpose of the IHO-1 District is to provide for inclusionary development that contributes to the region's fair share of affordable housing, in accordance with a court settlement agreement which outlines provisions for same.
b.
Description of Zone Boundary. The zone boundary of the IHO-1 District shall encompass the entirety of the properties identified as Block 152.01, Lots 1445, 1445.01 and 1445.05. The municipal zone map is hereby amended to reflect same.
c.
Use Regulations.
1.
Permitted Principal Uses. In addition to any principal or conditional use permitted in the underlying zone district, mixed-use development shall be permitted. Permitted uses on the first story of a mixed-use development shall include the following: retail store, personal service store or studio, office, business or vocational school, restaurant, and bar. Dwelling units in a mixed-use development shall only be permitted above the first story. Multiple principal buildings and/or uses shall be permitted on a single lot.
2.
Permitted Accessory Uses. In addition to any accessory use permitted in the underlying zone district, any use that is customarily incidental to a mixed-use development shall be permitted. Examples include, but are not limited to, residential amenities and accessory uses such as leasing and management offices.
d.
Bulk Regulations.
1.
The bulk regulations for any principal or conditional use permitted in the underlying zone district shall be the applicable bulk regulations for the underlying zone district.
2.
The bulk regulations for mixed-use development shall be as follows:
(a)
Minimum lot area: 60,000 square feet.
(b)
Minimum lot frontage: 200 feet.
(c)
Minimum front yard setback: 50 feet.
(d)
Minimum side yard setback: 75 feet.
(e)
Minimum rear yard setback: 100 feet.
(f)
Maximum building coverage: 40%.
(g)
Maximum impervious coverage: 65%.
(h)
Maximum building height: four stories/48 feet.
(i)
Maximum gross residential density: 16 dwelling units/acre.
3.
Building Height and Stories. The standards set forth below shall supersede any regulation to the contrary in the West Orange Land Use Regulations Ordinance:
(a)
The building height shall be the vertical distance measured from the mean elevation of the finished grade adjacent to the building foundation to the roof line elevation of a flat roof, or the midpoint elevation of a pitched roof.
(b)
Rooftop amenities and rooftop features shall not be considered a story or fractional portion thereof.
(c)
Architectural roof design features such as attics, mansards, parapets, cupolas, and other similar architectural design features and/or appurtenances shall not be considered a story or fractional portion thereof.
e.
Parking Regulations.
1.
Residential portion of a mixed-use development. Off-street parking for residential uses shall be provided in accordance with the requirements of Parking Schedule I in Subsection 25-12.2a1.
2.
Nonresidential uses. Off-street parking for nonresidential uses shall be provided in accordance with the requirements of Parking Schedule II in Subsection 25-12.2b1.
f.
Affordable Housing Requirements.
1.
Low- and moderate-income dwelling units shall be provided in accordance with this subsection. The minimum affordable housing set-aside shall be 20% of the dwelling units in the development. Of these, at least half must be reserved for, and affordable to, low-income households. A minimum of 13% of the affordable units shall be affordable to households earning 30% or less of the area median income for the Council on Affordable Housing region. Low- and moderate-income housing units shall be governed by the standards set forth in the Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.1 et seq., and shall comply with the applicable rules of the Council on Affordable Housing and any other relevant state regulations. All development including affordable dwelling units shall also be subject to § 25-18, Affordable Housing; Low/Moderate Housing Provisions, of the Township of West Orange Land Use Regulations Ordinance.
2.
The minimum unit sizes for the affordable units shall be as follows, except if the square footage of the market rate units is smaller than the minimum square footage of the affordable units, then the affordable units shall be the same size as the market rate units:
(a)
One-bedroom: 650 square feet.
(b)
Two-bedroom: 875 square feet.
(c)
Three-bedroom: 1,150 square feet.
