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Westwood City Zoning Code

PART 3

Zoning

§ 195-106 Zoning districts.

For the purpose of this chapter, the Borough of Westwood is hereby divided into 16 zone districts as follows:
R-1
Detached Single-Family Residential District
R-2
Residential/Office District
R-3
Medium Density Residential District
CO
Central Office District
CBD
Central Business District
CBD/SPE
Central Business District/Special Pedestrian Environment District
SC
Shopping Center District
RW
Retail Wholesale District
RW-RM
Retail/Wholesale — Residential Multifamily Affordable Housing Overlay Zone
[Added 12-18-2018 by Ord. No. 18-41]
LB-1
Limited Business District 1
[Amended 9-19-2006 by Ord. No. 06-11]
LB-RM
Limited Business — Residential Multifamily Affordable Housing Overlay Zone
[Added 12-18-2018 by Ord. No. 18-40]
LB-2
Limited Business District 2
[Added 9-19-2006 by Ord. No. 06-11]
LB-3
Limited Business District 3
[Added 9-19-2006 by Ord. No. 06-11]
LM
Light Manufacturing District
HSO
Health Services/Offices District
O
Office District
CEM
Cemetery District
H
Hospital District
[Added 9-19-2006 by Ord. No. 06-10]

§ 195-107 Zoning Map.

[Amended 1-18-2011 by Ord. No. 11-04]
The location and boundaries of said districts are hereby established on the Zoning Map of the Borough of Westwood, prepared by Boswell McClave Engineering, dated October 21, 2008 (Drawing No. WW466), which is hereby made a part of this chapter.[1] Said map or maps and all notations, references and designations shown thereon shall be a part of this chapter as if the same were fully described and set forth herein.
A. 
The Map is amended by adjusting the RW Retail Wholesale Zone District and the R-1 Residential Zone District boundary by moving the following lot to the R-1 Residential Zone District from the RW Retail Wholesale Zone District: Block 2208, Lot 17, lands containing the Westwood Swim Club.
[Added 6-25-2013 by Ord. No. 13-15]
B. 
The Map is amended to identify the LB-RM Limited Business — Residential Multifamily Affordable Housing Overlay Zone to encompass Block 701, Lots 1 through 8, 10 through 13 and 16, while retaining the underlying LB-1 Limited Business District 1 Zone designation for these lots, as shown on the accompanying map.[2]
[Added 12-18-2018 by Ord. No. 18-40]
[2]
Editor's Note: The LB-RM Overlay Zone Map is on file in the Borough offices.
C. 
The Map is amended to identify the RW-RM Retail/Wholesale — Residential Multifamily Affordable Housing Overlay Zone to encompass Block 2001, Lot 62; Block 2003, Lot 2; Block 2210, Lot 1 and 3.01 while retaining the underlying RW Retail/Wholesale District Zone designation for these lots, as shown on the accompanying map.[3]
[Added 12-18-2018 by Ord. No. 18-41]
[3]
Editor's Note: The RW-RM Overlay Zone Map is on file in the Borough offices.
[1]
Editor's Note: The Zoning Map is included as an attachment to this chapter.

§ 195-108 Interpretation of district boundaries.

A. 
Zoning district boundary lines are intended to follow lot lines, railroad rights-of-way, streams and street center lines unless otherwise indicated by dimensions on the Zoning Map. Any disputed zoning district line shall be determined by the Board of Adjustment.
B. 
Where a street or public way serves as the zoning district line and it is lawfully vacated, the former center line shall be the zoning district line, unless the zone line is specifically changed by ordinance.

§ 195-109 Schedule of Area and Bulk Regulations.

The area and bulk regulations which control development in each district are set forth in the attached Schedule A, which is supplemented by other sections of this chapter.[1]
[1]
Editor's Note: Schedule A is included as an attachment to this chapter.

§ 195-110 Applicability of regulations.

A. 
No building shall be erected, moved, altered, constructed, reconstructed or enlarged except as specified in this chapter, nor shall any land or building be used for any purpose or in any manner except in conformity with all the regulations, requirements and/or restrictions specified in this chapter for the district in which such building or land is located.
B. 
In interpreting and applying this chapter, the requirements herein are declared to be the minimum requirements for the protection and promotion of the public health, safety, morals and general welfare.

§ 195-111 Regulations applicable to all districts.

[Amended 12-17-2002 by Ord. No. 02-19; 1-18-2011 by Ord. No. 11-04; 10-2-2018 by Ord. No. 18-33; 5-14-2021 by Ord. No. 21-6; 6-3-2025 by Ord. No. 25-17]
A. 
Prohibited uses. All uses not expressly permitted in each zone district are prohibited. The following uses are specifically prohibited in all districts, unless otherwise provided:
(1) 
Drive-in restaurants or refreshment stands, commonly called "snack bars," "dairy bars," or "hamburger stands," where customers and patrons thereof are served food, soft drinks, ice cream and similar confections which are prepared and served as to be intended for immediate consumption over a counter or bar to customers and patrons while seated or standing outside the confines of the building or structure in which the business is conducted, or served in cars by waiters or waitresses.
(2) 
Junkyards and automobile wrecking yards.
(3) 
Self-operated and coin-operated dry-cleaning establishments and laundromats, and any other unattended self-operated establishment.
(4) 
Commercial amusements other than movie theaters.
(5) 
Motorcycle and motorbike sales and service establishments.
(6) 
The slaughtering of animals or the manufacture, processing or conversion of any commodity of which the principal ingredient is refuse animal matter.
(7) 
The manufacture of acids or other corrosive chemicals; abrasives; ammonia; asphalt; caustic soda; cellulose; celluloid; cement; chlorine cleaning, bleaching or washing compounds; coal tar distillates; coke; cottonseed products; creosote or creosoted products; fertilizers; fireworks; acetylene gas; glue; gunpowder or other explosives; glucose; insecticides; lime; linoleum; matches; oilcloth, oils or petroleum products; paint; paper pulp; potash; shoeblack; soap; starch; stove polish; sulfur products; varnish; vinegar; wall plaster; wood distillates; and yeast.
(8) 
Any trade, industry or purpose that is so noxious or offensive by reason of emission of odor, dust, smoke, gas or noise as to be dangerous to the public health, safety or general welfare.
(9) 
Auction halls.
(10) 
Adult entertainment or material.
(11) 
Outdoor manufacturing, fabrication and assembly of parts, components, or materials.
(12) 
Gun shops.
(13) 
All classes of cannabis establishments or cannabis distributors or cannabis delivery services, as said terms are defined in Section 3 of P.L. 2021, c. 16, but not the delivery of cannabis items and related supplies by a delivery service.
(14) 
Smoking lounges and smoke shops.
(15) 
Hookah, vape, tobacco shops.
(16) 
Pawn shops.
(17) 
Betting, gambling or wagering establishments.
(18) 
Psychics, astrologists, fortune tellers.
B. 
Any lawful conforming use which existed at the time of passage of this chapter may be continued. However, none shall be enlarged, extended, relocated, converted to another use or altered, except in conformity with this chapter and as permitted below. Land on which a nonconforming use or structure is located shall not be reduced in size, nor shall any lot already nonconforming be made more nonconforming in any manner. The applicant claiming a nonconforming right shall have the burden of proof of all aspects to demonstrate the claim of existing nonconformity.
C. 
Required area. The area or dimension of any lot, yard or other space shall not be reduced to less than the minimum required by this chapter, and if already existing at less than the minimum required by this chapter, said area or dimension may be continued and shall not be further reduced.
D. 
Off-street parking.
(1) 
All off-street parking and loading shall be located on the lot on which the principal use is located.
(2) 
Parking spaces may not be located under any structure in a design that results in a stilted building.
E. 
Number of uses on a lot. There shall be no more than one principal use on each lot, with the exception of the CBD/SPE, CBD, O, CO and SC Districts.
F. 
Number of principal buildings on a lot. No lot may contain more than one principal building, except that shopping centers, industrial and office complexes and multifamily residential developments may be permitted to have multiple buildings, provided they comply with the provisions set forth in this chapter.
G. 
Dwellings.
(1) 
Placement of single-family dwellings. For the purposes of building placement, the front or main entrance of the dwelling, which shall be determined from an architectural and design prospective, shall be oriented to the front yard street line of the property. On lots fronting on a cul-de-sac, the front or main entrance of the dwelling may be skewed a maximum of 30° from a line perpendicular to a line running from the center of the cul-de-sac through the midpoint of the arc of the setback line on the lot.
(2) 
Design of dwellings. No detached dwelling shall hereafter be erected, constructed, placed, altered or enlarged which shall be like, or substantially like, any neighboring building then in existence or for which a building permit has been issued if the neighboring dwelling is within 100 feet of the building to be erected, constructed, placed, altered or enlarged and faces on the same street. End-to-end reversal of house plans or roofline changes alone shall not render a dwelling substantially unlike a neighboring dwelling to allow its construction, placement, alteration or enlargement within the prohibited distance above set forth. On corner lots, all facades facing the street shall have windows and other architectural details so as to preclude the construction of blank walls fronting adjacent streets.
(3) 
Residential buildings: street frontage. No building designed for residential purposes shall be erected or altered unless the building so designed shall front upon a state-, county- or Borough-approved street, or a street on a plat duly filed in the office of the Bergen County Clerk prior to the passage of an ordinance requiring prior approval of plats by the Planning Board, or a street shown upon a plat approved by the Planning Board for which suitable improvement has been assured by means of a performance guaranty.
(4) 
Residential buildings: improvements in place prior to issuance of certificate of occupancy. On no occasion shall a certificate of occupancy be issued by the Construction Official for any residential building constructed on a lot shown on an approved plat unless and until the improvements required by the Planning Board have been completed and installed in accordance with Borough specifications and to the satisfaction of the Borough Engineer, up to and including and affecting the lot and building for which the certificate of occupancy has been requested.
H. 
Outdoor storage. Outdoor storage of property or material is prohibited, except as provided below:
(1) 
Outdoor display of materials is permitted for garden nurseries.

§ 195-112 Lot regulations.

A. 
Every principal building shall be built upon a lot with usable frontage upon a street or streets, as defined in N.J.S.A. 40:55D-7, and shall be improved to meet the Borough's standards or be accepted by the Borough.
B. 
The minimum required lot width shall be measured at the mean width, measured at right angles to its mean depth.
C. 
Where a single lot under individual ownership extends from one street to another, defined herein as a "through lot," both frontages shall be subject to the front yard requirements of this chapter. However, in the case of a single principal building and/or accessory building on a through lot, the applicant shall specify which street is the front street line. The other frontage shall be deemed the rear line and shall comply with the rear yard setback of the district.
D. 
A lot shall not be created or subdivided within the front yard area between the entire front facade of a preexisting building and the street lot line on which the building fronts. This provision shall not apply where the preexisting building will be removed as a result of the proposed subdivision.
[Added 5-18-2004 by Ord. No. 04-04]
E. 
In all proposed subdivisions, it shall be required that a circle of a diameter equal to the minimum lot width, as specified in the zone requirements, shall be inscribed within the lot lines of each lot. This lot width circle shall be tangent to the front street lot line. (Refer to Figure No. 6 within Appendix C.[1])
[Added 5-18-2004 by Ord. No. 04-04]
[1]
Editor's Note: Appendix C is included at the end of this chapter.

§ 195-113 Yard and height regulations.

A. 
No yard or other open space that is provided about any building for the purpose of complying with the provisions of this chapter shall be considered as providing a yard or open space for any other building.
B. 
The sketch maps in Appendix C[1] illustrate the delineation of the yards for measurement purposes regarding corner lots and other lots.
[1]
Editor's Note: Appendix C is included at the end of this chapter.
C. 
For additions to existing buildings on corner lots, the side street setback requirements may be reduced to 20 feet where the proposed addition is limited to an addition of a second-story dormer(s) to permit the use of a second story to the full limits of the exterior walls of the first floor if such exterior walls were extended upwards to the height of the second story.
D. 
Projections into required yards; general exceptions.
(1) 
The ordinary projection of parapets, windowsills, doorposts, rainwater leaders and similar structural fixtures may project a maximum distance of 12 inches into required yards.
(2) 
Cornices, eaves, bay windows, and other similar architectural features may project a maximum distance of 24 inches into required yards.
(3) 
Fire balconies, fire escapes or fire towers may project a maximum of four feet into required side or rear yards.
(4) 
Chimneys or flues may project a maximum distance of three feet into required yards.
(5) 
Fences and walls may project into any required yard, subject to § 195-130G.
(6) 
Roofed and unroofed entry platforms and cellar doors and/or associated stoops and steps not exceeding 35 square feet in area shall be permitted in any front, side or rear yard setback area, provided that, in any single-family zone, where such a projection is proposed, the minimum setback shall be at least 6 feet from the adjacent lot line.
[Added 12-17-2002 by Ord. No. 02-19; amended 1-18-2011 by Ord. No. 11-04; 6-25-2013 by Ord. No. 13-15]
(7) 
In any single-family zone, a roofed open porch or entranceway, not higher than the first story of the building, may project into one required side yard on a lot, provided that it is at least six feet from said side lot line. An open porch or an entranceway, not higher than the first story of the building, may project into a required front yard a distance of not more than eight feet, provided the projection identified herein is a minimum of 18 feet from the front lot line. Such a building feature is a component of the principal building; therefore it is included in the calculation of building coverage and total surface coverage.
[Added 6-25-2013 by Ord. No. 13-15]
(8) 
An open (unroofed), temporary, handicapped ramp demonstrated as necessary by a certification by a physician, podiatrist, or chiropractor for a person residing at the residence in an R-1 or R-2 Zone is permitted to project into a side or rear yard, provided the setback is reduced to no less than five feet to the adjacent side or rear lot line.
[Added 6-25-2013 by Ord. No. 13-15]
E. 
Height exceptions. Building height limitations shall not apply to steeples, spires, belfries, cupolas, chimneys, domes or flagpoles, provided that they are not permitted to exceed the height limitations provided in this chapter by more than 15 feet, and further provided that they shall not exceed 10% of the ground area covered by the main building. If such equipment is constructed as an accessory building or use, the height restrictions of this chapter shall apply. A single-level garage with a width of not more than 22 feet, attached entirely below the lowest story above grade (as defined herein) of a principal residential structure in the R-1 and R-2 Zones, is exempt from the measurement of building height. In addition, stairways to access a below-the-grade-plane basement or cellar not greater than five feet wide shall also be exempt from the lowest grade measured for building height.
[Amended 6-25-2013 by Ord. No. 13-15]
F. 
Lots shall conform to the requirements of this chapter, and side lot lines shall be either at right angles or radial to street lines.
G. 
No lot shall be subdivided or reduced in area as to be less than required by this chapter.
H. 
Where extra width has been dedicated, or provided via easement, for road widening, all setbacks and coverage calculations shall be from the new street line, excluding land within the widening or easement line.
I. 
See Schedules A and B in the appendix for a summary of uses permitted in all zone districts and the area and bulk standards.[2]
[2]
Editor's Note: Schedules A and B are included as an attachment to this chapter.

§ 195-114 R-1 Detached Single-Family Residential District.

A. 
The principal permitted uses allowed in the R-1 District include the following:
(1) 
Detached single-family dwellings.
(2) 
Municipal buildings and uses.
(3) 
Community residences as per N.J.S.A. 40:55D-66.1.
(4) 
Family day-care homes as per N.J.S.A. 40:55D-66.5.
B. 
The accessory uses allowed in the R-1 District include the following:
(1) 
Accessory uses and structures customarily incidental to permitted uses, provided they do not include any activity customarily conducted for gain, subject to § 195-130A.
(2) 
Private garages, subject to § 195-130C.
(3) 
Hothouses or greenhouses, subject to § 195-130E.
(4) 
Swimming pools and tennis courts, subject to § 195-130F.
(5) 
Fences and walls, subject to § 195-130G.
(6) 
Tool sheds and garden sheds, subject to § 195-130A.
(7) 
Signs, subject to Article XIX, Sign Regulations, of this chapter.
(8) 
Off-street parking, subject to Article XX, Off-Street Parking Requirements, of this chapter.
(9) 
Home-based businesses, subject to § 195-130I.
(10) 
Rooftop-mounted solar energy panels, subject to § 195-130J.
[Added 3-2-2021 by Ord. No. 21-1]
C. 
The conditional uses allowed in the R-1 District include the following:
(1) 
Places of worship, subject to § 195-131A.
(2) 
Public and private elementary and secondary schools, subject to § 195-131B.
(3) 
Quasi-public swim clubs, subject to § 195-131G.
[Added 9-4-2001 by Ord. No. 01-19]
D. 
The applicable area and bulk requirements are presented in the accompanying Schedule of Area and Bulk Requirements set forth at the end of this chapter.

§ 195-115 R-2 Residential/Office District.

A. 
The principal permitted uses allowed in the R-2 District include the following:
(1) 
Detached single-family dwellings.
(2) 
Two-family dwellings.
(3) 
Municipal buildings and uses.
(4) 
Business and professional offices.
(5) 
Community residences as per N.J.S.A. 40:55D-66.1.
(6) 
Family day-care homes as per N.J.S.A. 40:55D-66.5.
B. 
The accessory uses allowed in the R-2 District include the following:
(1) 
Accessory uses and structures customarily incidental to permitted uses, provided they do not include any activity customarily conducted for gain, subject to § 195-130A.
(2) 
Private garages, subject to § 195-130C.
(3) 
Hothouses or greenhouses, subject to § 195-130E.
(4) 
Swimming pools and tennis courts, subject to § 195-130F.
(5) 
Fences and walls, subject to § 195-130G.
(6) 
Tool sheds and garden sheds, subject to § 195-130A.
(7) 
Signs, subject to Article XIX, Sign Regulations, of this chapter.
(8) 
Off-street parking, subject to Article XX, Off-Street Parking Requirements, of this chapter.
(9) 
Home-based businesses, subject to § 195-130I.
(10) 
Rooftop-mounted solar energy panels, subject to § 195-130J.
[Added 3-2-2021 by Ord. No. 21-1]
C. 
The conditional uses allowed in the R-2 District include the following:
(1) 
Places of worship, subject to § 195-131A.
(2) 
Public and private elementary and secondary schools, subject to § 195-131B.
D. 
The applicable area and bulk requirements are presented in the accompanying Schedule of Area and Bulk Requirements set forth at the end of this chapter.

§ 195-116 R-3 Medium Density Residential District.

A. 
The principal permitted uses allowed in the R-3 District include the following:
(1) 
Townhouse residential dwelling units, subject to § 195-129C.
(2) 
Multifamily dwelling units, subject to § 195-129E.
[Amended 12-17-2002 by Ord. No. 02-19]
(3) 
Municipal buildings and uses.
B. 
The accessory permitted uses allowed in the R-3 District include the following:
(1) 
Off-street parking, subject to Article XX, Off-Street Parking Requirements, of this chapter.
(2) 
Fences and walls, subject to § 195-130G.
(3) 
Signs, subject to Article XIX, Sign Regulations, of this chapter.
(4) 
Accessory uses and structures customarily incidental to permitted uses, provided they do not include any activity customarily conducted for gain, subject to § 195-130A.
(5) 
Rooftop-mounted solar energy panels, subject to § 195-130J.
[Added 3-2-2021 by Ord. No. 21-1]
C. 
The conditional uses allowed in the R-3 District include the following:
(1) 
Places of worship, subject to § 195-131A.
(2) 
Public and private schools, subject to § 195-131B.
D. 
The applicable area and bulk requirements are presented in the accompanying Schedule of Area and Bulk Requirements set forth at the end of this chapter.

§ 195-117 CO Central Office District.

A. 
The principal permitted uses allowed in the CO District include the following:
(1) 
Business and professional offices.
(2) 
Residential uses as per the R-2 District.
(3) 
Municipal buildings and uses.
(4) 
Child-care centers, subject to § 195-129B.
B. 
The accessory permitted uses allowed in the CO District include the following:
(1) 
Off-street parking, subject to Article XX, Off-Street Parking Requirements, of this chapter.
(2) 
Fences and walls, subject to § 195-130G.
(3) 
Signs, subject to Article XIX, Sign Regulations, of this chapter.
(4) 
Accessory uses and structures customarily incidental to permitted uses, provided they do not include any activity customarily conducted for gain, subject to § 195-130A.
(5) 
Nutritionist, dietician and licensed physical therapist.
[Added 5-15-2012 by Ord. No. 12-10]
(6) 
Rooftop-mounted solar energy panels, subject to § 195-130J.
[Added 3-2-2021 by Ord. No. 21-1]
C. 
The applicable area and bulk requirements are presented in the accompanying Schedule of Area and Bulk Requirements set forth at the end of this chapter.

§ 195-118 CBD/SPE Central Business District/Special Pedestrian Environment District.

[Amended 5-15-2012 by Ord. No. 12-11; 12-19-2017 by Ord. No. 17-26; 12-15-2020 by Ord. No. 20-17; 3-2-2021 by Ord. No. 21-1; 6-3-2025 by Ord. No. 25-15; 6-3-2025 by Ord. No. 25-17; 12-16-2025 by Ord. No. 25-29]
A. 
The purpose of the CBD/SPE District is to encourage the development of a traditional, downtown commercial center containing a mixture of compatible land uses in a distinctive streetscape which enhances and promotes the commercial center of the Borough. This area shall be planned pursuant to the recommendations of the Borough Master Plan. It shall be of integrated and compatible design with respect to the relationship and location of buildings, parking, circulation, walkways, landscape amenity, and buffer features.
B. 
The principal permitted uses allowed in the CBD/SPE District include the following:
(1) 
Antique shops; art galleries; arts and crafts shops; bakery shops; banks; brokerage houses; eyewear and optical stores; finance companies; hair salons; nail salons (upper floor only); bookstores; butcher shops; business and professional offices exclusive of medical offices; camera stores; card shops; chinaware/flatware and glassware shops; dry-cleaning and laundry establishments (cleaning and laundry not permitted onsite and must be conducted off-site); clothing stores; dress shops; candy stores and confectioneries; coin stores; custom packaging and retail mail services; delicatessens; drapers; pharmacies; flower shops; furniture stores; home furnishing stores; gift shops; gourmet and specialty foods stores (food stores having 1,500 square feet or more may install up to eight seats for consumption of food prepared by the establishment, provided that table service shall be prohibited); nutritional and health food stores (maximum square footage of 2,500 square feet); hardware stores; paint and wallpaper stores; houseware product sales; internet website design and hosting services; interior decorators; jewelers; leather goods shops; hair accessory shops; knitting supplies stores; linen stores; picture-framing shops; locksmiths; merchandise showrooms (such as kitchen and cabinetry); retail music store; musical instruments stores; pet grooming; shoe repair shops; personal care cosmetic or beauty salons (excluding massage parlors); personal shopper services; pet shops; photographic equipment and studios; post offices; electronics technology repair shops (upper floor only); telecommunications stores; parking areas or lots, provided that the service is ancillary to the main use; coffee shops; ice cream parlors; retail merchandise pickup locations; shoe sales stores; sporting goods stores; stationers; stockbrokers; tailor shops; toy stores; travel and ticket agencies; and wearing apparel shops.
(2) 
Child-care facilities, subject to § 195-129B.
(3) 
Municipal buildings and uses.
(4) 
Rooftop-mounted solar energy panels, subject to § 195-130J.
C. 
Accessory permitted uses allowed in the CBD/SPE District include the following:
(1) 
Off-street parking, subject to Article XX, Off-Street Parking Requirements, of this chapter.
(2) 
Fences and walls, subject to § 195-130G.
(3) 
Signs, subject to Article XIX, Sign Regulations, of this chapter.
(4) 
Child-care facilities, subject to § 195-129B.
D. 
Conditional permitted uses allowed in the CBD/SPE District include the following:
(1) 
Underground garage parking facilities, subject to the following conditional requirements:
(a) 
Maximum number of levels: one floor
(b) 
Underground garage driveway edge shall be no closer than 50 feet to a street intersection.
(c) 
Underground garage shall meet all of the setbacks of an aboveground structure in the zone.
E. 
The applicable area and bulk requirements are presented in the accompanying Schedule of Area and Bulk Requirements set forth at the end of this chapter.
F. 
Prohibited uses in the CBD/SPE District. The following uses are specifically prohibited in the CBD/SPE Zone District:
(1) 
Drive-through facilities are specifically prohibited.
(2) 
Accessory garages used for purposes other than the parking of vehicles carrying consumers entering or employees staffing or for storing items related to the attached principal structure or owned by residents of the principal structure.
(3) 
Accessory driveways and private parking lots used for purposes other than the parking of vehicles carrying consumers entering or employees staffing the attached principal structure with the exception of short-term delivery vehicles servicing the principle use therein and residents that reside in the CBD/SPE.
(4) 
Food trucks are specifically prohibited on public and private property in the CBD/SPE with the exception of the loading or unloading of a mobile food truck licensed to a Westwood business and parked in the business owners lot.

§ 195-119 CBD Central Business District.

[Amended 7-10-2007 by Ord. No. 07-15; 5-15-2012 by Ord. No. 12-11; 3-2-2021 by Ord. No. 21-1; 4-15-2025 by Ord. No. 25-9]
A. 
The purpose of the CBD Central Business District is to permit a variety of retail and service uses which complement the established character and scale of the area.
B. 
The principal permitted uses allowed in the CBD District include the following:
(1) 
All principal permitted uses allowed in the CBD/SPE District.
(2) 
Retail appliance stores; banks; dance studios; retail sale of prepared foods and related products to be consumed off premises; dry-cleaning establishments servicing walk-in customers (not laundromats); financial services; fish stores; business, professional and medical offices; optical products, including retail sale of eyeglasses, eyeglass frames and related products; real estate offices; residential dwelling units (per R-1 District regulations); sit-down restaurants and restaurants with bars (not to be located within 100 feet of the R-1 Detached Single-Family Residential District); stockbrokers; bond salespersons and sale of financial products; tailors; travel agencies; video stores; wearing apparel shops; and nutritionist, dietician and licensed physical therapist.
(3) 
Child-care centers, subject to § 195-129B.
C. 
Accessory permitted uses allowed in the CBD District include the following:
(1) 
Off-street parking, subject to Article XX, Off-Street Parking Requirements, of this chapter.
(2) 
Fences and walls, subject to § 195-130G.
(3) 
Signs, subject to Article XIX, Sign Regulations, of this chapter.
(4) 
Child-care facilities, subject to § 195-129B.
(5) 
Rooftop-mounted solar energy panels, subject to § 195-130J.
D. 
Conditional permitted uses allowed in the CBD District include the following:
(1) 
Underground garage parking facilities, subject to the following conditional requirements:
(a) 
Maximum number of levels: one floor
(b) 
Underground garage driveway edge shall be no closer than 50 feet to a street intersection.
(c) 
Underground garage shall meet all of the setbacks of an aboveground structure in the zone.
E. 
The applicable area and bulk requirements are presented in the accompanying Schedule of Area and Bulk Requirements set forth at the end of this chapter.
F. 
Prohibited uses in the CBD District. The following uses are specifically prohibited in the CBD Zone District:
(1) 
Drive-through facilities are specifically prohibited.
(2) 
Accessory garages used for purposes other than the parking of vehicles carrying consumers entering or employees staffing or for storing items related to the attached principal structure or owned by residents of the principal structure.
(3) 
Accessory driveways and private parking lots used for purposes other than the parking of vehicles carrying consumers entering or employees staffing the attached principal structure with the exception of short-term delivery vehicles servicing the principle use therein and residents that reside in the CBD.
(4) 
Food trucks are specifically prohibited on public and private property in the CBD with the exception of the loading or unloading of a mobile food truck licensed to a Westwood business and parked in the business owners lot.

§ 195-120 SC Shopping Center District.

A. 
The purpose of the SC District is to acknowledge the site's developed character as a shopping center with a mix of retail, service and commercial and restaurant uses. The underlying intent is to serve the local market area with consumer goods and services with the intent to complement and not conflict with the purposes of the surrounding zones, specifically the Central Business District (CBD) and the Central Business District/Special Pedestrian Environment (CBD/SPE).
[Amended 2-6-2024 by Ord. No. 24-1]
B. 
The principal permitted uses allowed in the SC District include the following:
(1) 
All principal permitted uses allowed in the CBD District, except residential.
(2) 
Bicycle shops; department stores; drive-through banks; exercise and tanning facilities; grocery and food stores; garden supply stores; household appliance repair shops; glass, window and mirror stores; office equipment stores; radio and television repair shops; custom packaging and retail mail services; supermarkets (provided, however, that none of the foregoing permitted uses shall carry merchandise other than that to be sold at retail on the premises, and provided that all services are conducted within enclosed buildings); and shopping centers or multiple-unit shops or stores developed and managed as a single unit engaged in retail merchandising only, provided that they include only the foregoing permitted uses.
[Amended 7-10-2007 by Ord. No. 07-15]
(3) 
Child-care facilities, subject to § 195-129B.
(4) 
Municipal buildings and uses.
(5) 
Commercial indoor recreation including instructional sports training facilities; courts for tennis, squash, handball, and racquetball, skating rinks, including roller and/or ice skating, bowling alleys, golf driving range, gymnastics facility and similar recreational uses, provided that their activities are carried on entirely within the enclosed building.
[Added 2-6-2024 by Ord. No. 24-1]
C. 
Accessory permitted uses allowed in the SC District include the following:
(1) 
Off-street parking, subject to Article XX, Off-Street Parking Requirements, of this chapter.
(2) 
Fences and walls, subject to § 195-130G.
(3) 
Signs, subject to Article XIX, Sign Regulations, of this chapter.
(4) 
Child-care facilities, subject to § 195-129B.
(5) 
Rooftop-mounted solar energy panels, subject to § 195-130J.
[Added 3-2-2021 by Ord. No. 21-1]
(6) 
Building-wall-mounted solar panels, subject to extending no further than six inches into the minimum principal building setback requirements. Such installations shall comply with the applicable requirements of § 195-130J(2)(f) through (o).
[Added 3-2-2021 by Ord. No. 21-1]
D. 
Conditional permitted uses allowed in the SC District include the following:
(1) 
None.
E. 
The applicable area and bulk requirements are presented in the accompanying Schedule of Area and Bulk Requirements set forth at the end of this chapter.

§ 195-121 RW Retail Wholesale District.

A. 
The purpose of the RW District is to acknowledge an existing area of outlet and wholesale establishments and the limited retail and light manufacturing uses of the LM District as noted herein.
[Amended 3-19-2013 by Ord. No. 13-04]
B. 
The principal permitted uses allowed in the RW District include the following:
(1) 
Computer, telephone and related electronic equipment sales and rentals.
(2) 
Electrical/electronic sales and service.
(3) 
Municipal buildings and uses.
(4) 
Home furnishings.
(5) 
Linens.
(6) 
Leather goods, including luggage.
(7) 
Jewelry, crystal, flatware, sale of gold and silver and related products (not to be construed as a pawnshop).
(8) 
Offices, professional and business.
(9) 
Optical products, including the retail sale of eyeglasses, eyeglass frames and related products.
(10) 
Shoes and footwear.
(11) 
Sporting goods and related products (not to be construed to include the sale of guns, rifles, ammunition, or weapons).
(12) 
Wearing apparel.
(13) 
Paint, wallpaper and related decorating item stores.
(14) 
Child-care centers, subject to § 195-129B.
(15) 
The permitted uses of the LM Light Manufacturing District, as enumerated in § 195-125 B.
[Added 3-19-2013 by Ord. No. 13-04]
(16) 
Office equipment and supply stores.
[Added 3-19-2013 by Ord. No. 13-04]
(17) 
Retail sales of durable products, such as furniture manufactured, stored or assembled on site, with a minimum retail area of 25% of the total building area.
[Added 3-19-2013 by Ord. No. 13-04]
(18) 
Self-storage facilities. (No electrical receptacles other than lighting shall be available for individual storage units.)
[Added 3-19-2013 by Ord. No. 13-04]
C. 
Accessory permitted uses allowed in the RW District include the following:
(1) 
Off-street parking, subject to Article XX, Off-Street Parking Requirements, of this chapter.
(2) 
Fences and walls, subject to § 195-130G.
(3) 
Signs, subject to Article XIX, Sign Regulations, of this chapter.
(4) 
Child-care facilities, subject to § 195-129B.
(5) 
Rooftop-mounted solar energy panels, subject to § 195-130J.
[Added 3-2-2021 by Ord. No. 21-1]
(6) 
Building-wall-mounted solar panels, subject to extending no further than six inches into the minimum principal building setback requirements. Such installations shall comply with the applicable requirements of § 195-130J(2)(f) through (o).
[Added 3-2-2021 by Ord. No. 21-1]
D. 
Conditional permitted uses allowed in the RW District include the following:
(1) 
None.
E. 
The applicable area and bulk requirements are presented in the accompanying Schedule of Area and Bulk Requirements set forth at the end of this chapter.

§ 195-121.1 RW-RM Retail/Wholesale - Residential Multifamily Affordable Housing Overlay Zone.

[Added 12-18-2018 by Ord. No. 18-41]
A. 
The purpose of the RW-RM Retail/Wholesale — Residential Multifamily Affordable Housing Overlay Zone is to create an opportunity for the construction of low- and moderate-income housing in a suitable portion of the Borough of Westwood and thereby help to address the fair share housing obligation of the Borough of Westwood under the New Jersey Fair Housing Act ("FHA"), applicable Council on Affordable Housing ("COAH") regulations, the settlement agreement entered into between the Borough and Fair Share Housing Center ("FSHC") on April 24, 2018, and the Borough's Housing Element and Fair Share Plan. The RW-RM Overlay Zone encourages the development of low- and moderate-income housing by allowing for inclusionary development; however, developers shall also have the option of developing in accordance with the underlying RW Zone standards.
B. 
The principal permitted uses in the Retail/Wholesale — Residential Multifamily Affordable Housing Overlay Zone shall be identical to those uses permitted in the RW Zone as set forth at § 195-121; provided, however, that any developer that elects to develop in accordance with the Retail/Wholesale — Residential Multifamily Affordable Housing Overlay Zone standards as set forth hereinbelow shall be required to provide multifamily dwellings.
C. 
Permitted accessory uses allowed in the RW-RM Zone include the following:
(1) 
Off-street parking in accordance with Article XII, § 195-111D, and Article XV, § 195-130A(1)(c), as well as Article XX, of this chapter.
(2) 
Decks, balconies and porches.
(3) 
Fences and walls, in accordance with Article XV, § 195-130G, of this chapter.
(4) 
Ancillary recreation elements, such as a swimming pool, tennis courts and other similar uses to only serve the residents of a complex and in accordance with Article XV, Supplementary Regulations Governing Certain Uses, § 195-130F, of this chapter.
(5) 
Trash enclosures.
(6) 
Signs, in accordance with Article XIX, Sign Regulations, of this chapter.
(7) 
Outdoor lighting, in accordance with Article XI, Design Standards for Site Plans, § 195-95, of this chapter.
(8) 
Rooftop-mounted solar energy panels, subject to § 195-130J.
[Added 3-2-2021 by Ord. No. 21-1]
D. 
Affordable housing.
(1) 
All multifamily residential developments constructed in the RW-RM Retail/Wholesale - Residential Multifamily Affordable Housing Overlay Zone shall be required to set aside a minimum percentage of units for affordable housing in accordance with the following requirements:
[Amended 3-5-2019 by Ord. No. 19-2]
(a) 
Where units will be for sale, the minimum set aside shall be 20%. Where units will be for rent, the minimum set aside shall be 15%. When calculating the required number of affordable units, any computation resulting in a fraction of a unit shall be rounded upwards to the next whole number.
(b) 
The first affordable rental unit to be created shall be a qualified affordable family unit as defined in N.J.A.C. 5:97-1.4 as amended or supplemented.[1] This requirement shall be satisfied if an affordable rental unit is first created in the LB-RM District pursuant to § 195-122.1, or by the mandatory set-aside ordinance as established in § 195-186.
[1]
Editor's Note: The provisions of N.J.A.C. 5:97-1.1 et seq. expired 6-2-2015.
(2) 
All affordable units to be produced pursuant to this section shall comply with Article XXV, Affordable Housing, of this chapter, as may be amended and supplemented, the uniform housing affordability controls ("UHAC")(N.J.A.C. 5:80-26.1 et seq.), or any successor regulation, and the Borough's Housing Element and Fair Share Plan, as may be amended from time to time. This includes, but is not limited to, the following requirements for all affordable units:
(a) 
Low/moderate-income split. A maximum of 50% of the affordable units shall be moderate-income units and a minimum of 50% of the affordable units shall be low-income units. At least 13% of all restricted units shall be very-low-income units, which shall be counted as part of the required number of low-income units within the development.
(b) 
Bedroom mix. In the development under this zoning, the following bedroom mix shall apply:
[1] 
The combined number of efficiency and one-bedroom units shall be no greater than 20% of the total low- and moderate-income units;
[2] 
At least 30% of all low- and moderate-income units shall be two-bedroom units;
[3] 
At least 20% of all low- and moderate-income units shall be three-bedroom units; and
[4] 
The remaining units may be allocated among two- and three-bedroom units at the discretion of the developer.
(c) 
Deed-restriction period. All affordable units shall be deed restricted for a period of 30 years from the date of the initial occupancy of each affordable unit (the "deed-restriction period"). The affordability controls shall expire at the end of 30 years after the date of the initial occupancy of the respective individual affordable unit, except, as to rental units, the affordability controls shall remain in effect until the date on which a rental unit shall become vacant, provided that the occupant household continues to earn a gross annual income of less than 80% of the applicable median income. See N.J.A.C. 5:80-26.11(b). If, at any time after the end of 30 years after the date of initial occupancy, a rental household's income is found to exceed 80% of the regional median income, the rental rate restriction shall expire at the later of either the next scheduled lease renewal or 60 days. Ibid. For for-sale units, the deed restriction shall expire only after it is properly released by the Borough and/or the Borough's administrative agent.
(d) 
Administrative agent. All affordable units shall be administered by a qualified administrative agent paid for by the developer.
(e) 
Other affordable housing unit requirements. Developers shall also comply with all the other requirements of Article XXV, Affordable Housing, of this chapter, including, but not limited to, affirmative marketing requirements; candidate qualification and screening requirements; integrating the affordable units amongst the market rate units; and unit phasing requirements. The developer shall ensure that the affordable units are dispersed between all of the buildings on its site, and shall identify the exact location of each affordable unit at the time of site plan application.
E. 
Area and bulk requirements. The area and bulk requirements for the uses allowed in the RW-RM Retail/Wholesale — Residential Multifamily Affordable Housing Overlay Zone are set forth below:
(1) 
Lot area. There shall be a minimum lot area of 25,000 square feet.
(2) 
Lot width. There shall be a minimum lot width of 100 feet.
(3) 
Lot depth. There shall be a minimum lot depth of 100 feet.
(4) 
Density. There shall be a maximum gross density of 20 dwelling units per acre.
(5) 
Yards.
(a) 
Front yard. There shall be a front yard of not less than 20 feet.
(b) 
Side yard. No side yard shall be less than 20 feet.
(c) 
Rear yard. There shall be a rear yard of at least 30 feet.
(6) 
Height. No building shall exceed a height of 38 feet or three stories.
(7) 
Building coverage. There shall be a maximum building coverage of 60%.
(8) 
Lot coverage. There shall be a maximum lot coverage of 75%.
F. 
Development standards.
(1) 
Building requirements.
(a) 
Building design. In order to provide attractiveness, identity and individuality to dwelling units, buildings and complexes of buildings within the entire zone and to avoid the monotonous repetition of design elements and its undesirable visual effects, the following design standards shall be utilized:
[1] 
Consistency among building materials and colors with the Borough's existing residential, historical and architectural characteristics.
[2] 
Harmonious relationship with other on-site features and buildings.
[3] 
Varying dwelling unit widths, staggering dwelling unit setbacks and altering building heights and rooflines.
[4] 
No more than 30 feet of front or rear building wall permitted without providing a break in the facade of two feet of articulation.
[5] 
Buildings with expansive blank walls on any facade are discouraged. Side and rear elevations should receive architectural treatments comparable to front facades.
[6] 
Varying architectural embellishments to roofs between dwelling units, buildings or complexes of buildings including roof elements such as dormers, belvederes, masonry chimneys and similar elements, provided that such are architecturally compatible with the style, materials, colors and details of the building.
[7] 
Varying decorative and architectural features at entrances, cornices, windows and articulation between dwelling units, buildings or complexes of buildings, provided that such are architecturally compatible with the style, materials, colors and details of the building.
[8] 
Complementary building colors and materials to be consistent with the general theme of the development.
[9] 
Strategically placed windows, doors, porches and columns with consideration of "human scale."
[10] 
Exterior-mounted mechanical and electrical equipment exposed to the public view shall be architecturally screened. Roof-mounted equipment and projections should be painted the same color as the roof and, where possible, located to the center of the building, away from the public view.
[11] 
Building construction shall utilize green building or sustainable building methods to the extent practicable to reduce the operating and maintenance costs of low- and moderate-income households.
(b) 
Construction. The multifamily buildings shall conform with the applicable NJUCC requirements including the fire resistance of building materials.
(2) 
Dwelling unit requirements.
(a) 
Minimum floor area. Each dwelling unit shall have a minimum floor area of 600 square feet.
(b) 
Floors and ceilings and partitions between dwelling units shall be constructed so as to have a minimum airborne sound transmission loss classification of 50 decibels. The Planning Board shall ascertain that reasonable measures are taken in floor and ceiling construction to avoid disturbing levels of sound impact.
(3) 
Accessory structures. All accessory structures shall be designed in accordance with § 195-130 of the Borough of Westwood Code.
G. 
Off-street parking.
(1) 
The minimum number of off-street parking spaces for multifamily residential housing shall be as set forth in the residential site improvement standards (N.J.A.C. 5:21).
(2) 
All parking areas shall be designed in accordance with the applicable provisions of Article XX of this chapter.
(3) 
Adequate fire and emergency access must be provided subject to the Borough of Westwood Fire Department.
(4) 
On-site parking shall not be provided for any use or to any party other than a resident or visitor of the site, nor shall parking areas be used for any purpose other than parking.
(5) 
Signage shall be provided where parking spaces are to be reserved for residents. Visitor parking shall be signed and painted for each space designated for such a purpose.
(6) 
Adequate parking facilities for accessibility to people with mobility impairments shall be provided as required by the Americans with Disabilities Act (ADA).
H. 
Landscaping and open space.
(1) 
At least 20% of the gross site area shall be devoted to open space for passive or active recreation, or conservation.
(2) 
There shall be a comprehensive landscape plan prepared by a New Jersey licensed landscape architect which shall detail the location, type, size and any planting note for the proposed landscape materials. This plan shall be subject to the approval of the Planning Board.
(3) 
A landscape buffer shall be provided where a multifamily development abuts a single-family residential zone. The buffer shall be a minimum of 20 feet in width, as measured from the property line. The buffer shall provide a year-round visual screen and minimize adverse impacts from the site on adjacent properties. Buffers shall consist of natural vegetation to the greatest extent practical, and may consist of fences, planting, berms, mounds, or combinations thereof to achieve the stated objectives.
(4) 
No use or structure, including parking or loading areas, shall be permitted within the required buffer area, but the Planning Board may, upon a finding of reasons thereof, permit a portion of a buffer area to be used for walkways, underground linear utilities and site access drives, and the Board may also permit a portion of a buffer area to be used for stormwater detention or retention basins, provided that the basin is designed as a landscaping feature, and further provided that the landscaping plan for the buffer area is determined by the Planning Board to meet the objective of the buffer area.
I. 
Lighting.
(1) 
Adequate lighting shall be provided for all common areas and pedestrian walkways.
(2) 
All outdoor lighting, including streetlamps and accent lighting, should comply with "dark sky" standards intended to reduce light pollution. Dark sky standards require that lighting is downcast, illuminates only the intended areas, and does not cause disabling glare that affects driver safety and reduces the visibility of starry night skies.
(3) 
Lighting for the development must be contained on the property on which the development is located with a maximum footcandle of 0.30 at all side and rear property lines.
(4) 
LED lighting shall be permitted in addition to all of the conditions of the land use ordinance standards for lighting.
J. 
Miscellaneous.
(1) 
Secure television connections shall be provided for each unit. Television antennas shall be limited to one master antenna per building.
(2) 
Through-wall air-conditioning units that project beyond the building wall are not permitted.
(3) 
All trash and garbage shall be stored at all times in airtight covered containers which shall be kept in a centrally located, concealed area. They may be stored in private garages or outside of buildings. If the materials are stored outside, they must be kept in a permanent enclosure with a latching gate in a centrally located, concealed area approved by the Planning Board.
(4) 
Amenities restricted to the use of the residents and their guests are permitted subject to all applicable local and state requirements.
(5) 
Swimming pools, restricted to the use of tenants, are permitted subject to all applicable local and state requirements.
(6) 
Internal walkways shall be provided to provide a pedestrian connection to any site development amenities, such as a clubhouse, recreational facilities, pools, etc.
(7) 
Internal walkways shall be a minimum of four feet wide and shall be designed to comply with the requirements of the Americans with Disabilities Act (ADA).
(8) 
Fences shall be situated and designed in accordance with Article XV, § 195-130G, of this chapter.

§ 195-122 LB-1 Limited Business District 1.

[Amended 9-19-2006 by Ord. No. 06-11]
A. 
The purpose of the LB-1 District is to encourage integrated wholesale uses, a limited number of retail uses where retail activity is associated with distribution activity, and specified business and office uses.
B. 
The principal permitted uses allowed in the LB-1 District include the following:
(1) 
Retail sales of durable products, such as furniture manufactured, stored or assembled for sale on site with a minimum retail area of 25% of the total building area.
(2) 
Retail sales of appliances, furniture, office equipment or similar bulky, durable items.
(3) 
Retail stores not exceeding 2,500 square foot of gross leasable area stocking a limited selection of merchandise, including dairy products, fresh fruits and vegetables, frozen foods, grocery items, newspapers and magazines, and lottery tickets.
[Added 12-21-2010 by Ord. No. 10-28]
(4) 
Restaurants and fast-food restaurants.
(5) 
Health clubs.
(6) 
Recreation uses.
(7) 
Banks, including drive-through banks.
(8) 
Business, professional and medical (including veterinarian) offices.
[Amended 12-21-2010 by Ord. No. 10-28]
(9) 
Child-care centers subject to § 195-129B.
(10) 
Dry-cleaning stores (retail distribution only).
(11) 
Furniture or home furnishing store.
(12) 
Instructional dance or martial arts studios.
(13) 
Music studios and music instruction studios.
[Amended 12-21-2010 by Ord. No. 10-28]
(14) 
Appliance or electronic supply shops.
(15) 
Retail custom packaging and mail services.
(16) 
Retail office supplies.
(17) 
Antique shops.
(18) 
Parking lots, subject to applicable standards in Article XX, Off-Street Parking Requirements, of this chapter.
(19) 
Passenger car rental uses.
[Added 12-21-2010 by Ord. No. 10-28]
C. 
Accessory permitted uses allowed in the LB-1 District include the following:
(1) 
Off-street parking, subject to Article XX, Off-Street Parking Requirements, of this chapter.
(2) 
Fences and walls, subject to § 195-130G.
(3) 
Signs, subject to Article XIX, Sign Regulations, of this chapter.
(4) 
Seasonal farmers' markets or plant sales, subject to permitting regulations.
(5) 
Child-care facilities, subject to § 195-129B.
(6) 
Rooftop-mounted solar energy panels, subject to § 195-130J.
[Added 3-2-2021 by Ord. No. 21-1]
(7) 
Building-wall-mounted solar panels, subject to extending no further than six inches into the minimum principal building setback requirements. Such installations shall comply with the applicable requirements of § 195-130J(2)(f) through (o).
[Added 3-2-2021 by Ord. No. 21-1]
D. 
Conditional permitted uses allowed in the LB-1 District include the following:
(1) 
Fast-food restaurants with a drive-through, subject to the following conditional use regulations:
(a) 
Minimum lot area shall be 20,000 square feet.
(b) 
No part of any principal structure used as a fast-food restaurant shall be located within 100 feet of any single-family zone boundary line.
[Amended 1-18-2011 by Ord. No. 11-04]
(c) 
Minimum landscape buffer width from adjacent residentially developed property shall be 20 feet.
(d) 
No part of any fast-food restaurant building, nor any ancillary driveway entrance or exit, shall be located within 300 feet of any lot line of any other fast-food restaurant within the same zone.
(e) 
Driveway curblines to and from a fast-food restaurant shall be at least 100 feet from a street intersection right-of-way to the driveway curbline.
(f) 
Drive-through lanes shall provide length for a minimum of five cars in queue for the drive-up window.
(g) 
No queuing area for the drive-through lanes shall be in the front yard of a lot, with the exception of the entrance and exit lanes.
(h) 
Drive-through lanes shall be separated from adjacent parking areas by a landscaped island of at least five feet from adjacent parking areas and at least 10 feet from side property lines.
E. 
The applicable area and bulk requirements are presented in the accompanying Schedule of Area and Bulk Requirements set forth at the end of this chapter.

§ 195-122.1 LB-RM Limited Business - Residential Multifamily Affordable Housing Overlay Zone.

[Added 12-18-2018 by Ord. No. 18-40]
A. 
The purpose of the LB-RM Limited Business — Residential Multifamily Affordable Housing Overlay Zone is to create an opportunity for the construction of low- and moderate-income housing in a suitable portion of the Borough of Westwood and thereby to address the fair share housing obligation of the Borough of Westwood under the New Jersey Fair Housing Act ("FHA"), applicable Council on Affordable Housing ("COAH") regulations, the settlement agreement entered into between the Borough and Fair Share Housing Center ("FSHC") on April 24, 2018, and the Borough's Housing Element and Fair Share Plan. The LB-RM Overlay Zone encourages the development of low- and moderate-income housing by allowing for inclusionary development; however, developers shall also have the option of developing in accordance with the underlying LB-1 Zone standards.
B. 
The principal permitted uses in the Limited Business — Residential Multifamily Affordable Housing Overlay Zone shall be identical to those uses permitted in the LB-1 Zone as set forth at § 195-122; provided, however, that any developer that elects to develop in accordance with the Limited Business — Residential Multifamily Affordable Housing Overlay Zone standards as set forth hereinbelow shall be required to provide multifamily dwellings.
C. 
Permitted accessory uses allowed in the LB-RM Zone include the following:
(1) 
Off-street parking in accordance with Article XII, § 195-111D, and § 195-130A(1)(c), as well as Article XX of this chapter.
(2) 
Decks, balconies and porches.
(3) 
Fences and walls, in accordance with Article XV, § 195-130G, fences and walls, of this chapter.
(4) 
Ancillary recreation elements, such as a swimming pool, tennis courts and other similar uses to only serve the residents of a complex and in accordance with Article XV, Supplementary Regulations Governing Certain Uses, § 195-130F, of this chapter.
(5) 
Trash enclosures.
(6) 
Signs, in accordance with Article XIX, Sign Regulations, of this chapter.
(7) 
Outdoor lighting, in accordance with Article XI, Design Standards for Site Plans, § 195-95, of this chapter.
(8) 
Rooftop-mounted solar energy panels, subject to § 195-130J.
[Added 3-2-2021 by Ord. No. 21-1]
D. 
Affordable housing.
(1) 
All multifamily residential developments constructed in the LB-RM Limited Business - Residential Multifamily Affordable Housing Overlay Zone shall be required to set aside a minimum percentage of units for affordable housing in accordance with the following requirements:
[Amended 3-5-2019 by Ord. No. 19-2]
(a) 
Where units will be for sale, the minimum set aside shall be 20%. Where units will be for rent, the minimum set aside shall be 15%. When calculating the required number of affordable units, any computation resulting in a fraction of a unit shall be rounded upwards to the next whole number.
(b) 
The first affordable rental unit to be created shall be a qualified affordable family unit as defined in N.J.A.C. 5:97-1.4 as amended or supplemented.[1] This requirement shall be satisfied if an affordable rental unit is first created in the RW-RM District pursuant to in §195-121.1, or by the mandatory set-aside ordinance as established in §195-186.
[1]
Editor's Note: The provisions of N.J.A.C. 5:97-1.1 et seq. expired 6-2-2015.
(2) 
All affordable units to be produced pursuant to this section shall comply with Article XXV, Affordable Housing, of this chapter, as may be amended and supplemented, the uniform housing affordability controls ("UHAC")(N.J.A.C. 5:80-26.1 et seq.), or any successor regulation, and the Borough's Housing Element and Fair Share Plan, as may be amended from time to time. This includes, but is not limited to, the following requirements for all affordable units:
(a) 
Low/moderate-income split. A maximum of 50% of the affordable units shall be moderate-income units and a minimum of 50% of the affordable units shall be low-income units. At least 13% of all restricted units shall be very-low-income units, which shall be counted as part of the required number of low-income units within the development.
(b) 
Bedroom mix. In the development under this zoning, the following bedroom mix shall apply:
[1] 
The combined number of one-bedroom units shall be no greater than 20% of the total low- and moderate-income units;
[2] 
At least 30% of all low- and moderate-income units shall be two-bedroom units;
[3] 
At least 20% of all low- and moderate-income units shall be three-bedroom units; and
[4] 
The remaining units may be allocated among two- and three-bedroom units at the discretion of the developer.
(c) 
Deed-restriction period. All affordable units shall be deed restricted for a period of 30 years from the date of the initial occupancy of each affordable unit (the "deed-restriction period"). The affordability controls shall expire at the end of 30 years after the date of the initial occupancy of the respective individual affordable unit, except, as to rental units, the affordability controls shall remain in effect until the date on which a rental unit shall become vacant, provided that the occupant household continues to earn a gross annual income of less than 80% of the applicable median income. See N.J.A.C. 5:80-26.11(b). If, at any time after the end of 30 years after the date of initial occupancy, a rental household's income is found to exceed 80% of the regional median income, the rental rate restriction shall expire at the later of either the next scheduled lease renewal or 60 days. Ibid. For for-sale units, the deed restriction shall expire only after it is properly released by the Borough and/or the Borough's administrative agent.
(d) 
Administrative agent. All affordable units shall be administered by a qualified administrative agent, approved by the Borough and paid for by the developer.
(e) 
Other affordable housing unit requirements. Developers shall also comply with all the other requirements of Article XXV, Affordable Housing, of this chapter, including, but not limited to, affirmative marketing requirements; candidate qualification and screening requirements; integrating the affordable units amongst the market rate units; and unit phasing requirements. The developer shall ensure that the affordable units are dispersed between all of the buildings on its site and shall identify the exact location of each affordable unit at the time of site plan application.
E. 
Area and bulk requirements. The area and bulk requirements for the uses allowed in the LB-RM Limited Business — Residential Multifamily Affordable Housing Overlay Zone are set forth below:
(1) 
Lot area. There shall be a minimum lot area of two acres.
(2) 
Lot width. There shall be a minimum lot width of 100 feet.
(3) 
Lot depth. There shall be a minimum lot depth of 100 feet.
(4) 
Density. There shall be a maximum gross density of 20 dwelling units per acre.
(5) 
Yards.
(a) 
Front yard. There shall be a front yard of not less than 25 feet.
(b) 
Side yard. No side yard shall be less than 10 feet.
(c) 
Rear yard. There shall be a rear yard of at least 30 feet.
(6) 
Height. No building shall exceed a height of 38 feet or three stories.
(7) 
Building coverage. There shall be a maximum building coverage of 50%.
(8) 
Lot coverage. There shall be a maximum lot coverage of 75%.
F. 
Development standards.
(1) 
Building requirements.
(a) 
Building design. In order to provide attractiveness, identity and individuality to dwelling units, buildings and complexes of buildings within the entire zone and to avoid the monotonous repetition of design elements and its undesirable visual effects, the following design standards shall be utilized:
[1] 
Consistency among building materials and colors with the Borough's existing residential, historical and architectural characteristics.
[2] 
Harmonious relationship with other on-site features and buildings.
[3] 
Varying dwelling unit widths, staggering dwelling unit setbacks and altering building heights and rooflines.
[4] 
No more than 30 feet of front or rear building wall permitted without providing a break in the facade of two feet of articulation.
[5] 
Buildings with expansive blank walls on any facade are discouraged. Side and rear elevations should receive architectural treatments comparable to front facades.
[6] 
Varying architectural embellishments to roofs between dwelling units, buildings or complexes of buildings including roof elements such as dormers, belvederes, masonry chimneys and similar elements, provided that such are architecturally compatible with the style, materials, colors and details of the building.
[7] 
Varying decorative and architectural features at entrances, cornices, windows and articulation between dwelling units, buildings or complexes of buildings, provided that such are architecturally compatible with the style, materials, colors and details of the building.
[8] 
Complementary building colors and materials to be consistent with the general theme of the development.
[9] 
Strategically placed windows, doors, porches and columns with consideration of "human scale."
[10] 
Exterior-mounted mechanical and electrical equipment exposed to the public view shall be architecturally screened. Roof-mounted equipment and projections should be painted the same color as the roof and, where possible, located to the rear of the building, away from the public view.
[11] 
Building construction shall utilize green building or sustainable building methods to the extent practicable to reduce the operating and maintenance costs of low- and moderate-income households.
(b) 
Construction. The multifamily buildings shall conform with the applicable NJUCC requirements including the fire resistance of building materials.
(2) 
Dwelling unit requirements.
(a) 
Minimum floor area. Each dwelling unit shall have a minimum floor area of 600 square feet.
(b) 
Floors and ceilings and partitions between dwelling units shall be constructed so as to have a minimum airborne sound transmission loss classification of 50 decibels. The Planning Board shall ascertain that reasonable measures are taken in floor and ceiling construction to avoid disturbing levels of sound impact.
(3) 
Accessory structures. All accessory structures shall be designed in accordance with § 195-130 of the Borough of Westwood Code.
G. 
Off-street parking.
(1) 
The minimum number of off-street parking spaces for multifamily residential housing shall be as set forth in the residential site improvement standards (N.J.A.C. 5:21).
(2) 
All parking areas shall be designed in accordance with the applicable provisions of Article XX of this chapter.
(3) 
Adequate fire and emergency access must be provided subject to the Borough of Westwood Fire Department.
(4) 
On-site parking shall not be provided for any use or to any party other than a resident or visitor of the site, nor shall parking areas be used for any purpose other than parking.
(5) 
Signage shall be provided where parking spaces are to be reserved for residents. Visitor parking shall be signed and painted for each space designated for such a purpose.
(6) 
Adequate parking facilities for accessibility to people with mobility impairments shall be provided as required by the Americans with Disabilities Act (ADA).
H. 
Landscaping and open space.
(1) 
At least 20% of the gross site area shall be devoted to open space for passive or active recreation, or conservation.
(2) 
There shall be a comprehensive landscape plan prepared by a New Jersey licensed landscape architect which shall detail the location, type, size and any planting note for the proposed landscape materials. This plan shall be subject to the approval of the Planning Board.
(3) 
A landscape buffer shall be provided where a multifamily development abuts a single-family residential zone. The buffer shall be a minimum of 20 feet in width, as measured from the property line. The buffer shall provide a year-round visual screen and minimize adverse impacts from the site on adjacent properties. Buffers shall consist of natural vegetation to the greatest extent practical, and may consist of fences, planting, berms, mounds, or combinations thereof to achieve the stated objectives.
(4) 
No use or structure, including parking or loading areas, shall be permitted within the required buffer area, but the Planning Board may, upon a finding of reasons thereof, permit a portion of a buffer area to be used for walkways, underground linear utilities and site access drives, and the Board may also permit a portion of a buffer area to be used for stormwater detention or retention basins, provided that the basin is designed as a landscaping feature, and further provided that the landscaping plan for the buffer area is determined by the Planning Board to meet the objective of the buffer area.
I. 
Lighting.
(1) 
Adequate lighting shall be provided for all common areas and pedestrian walkways.
(2) 
All outdoor lighting, including streetlamps and accent lighting, should comply with "dark sky" standards intended to reduce light pollution. Dark sky standards require that lighting is downcast, illuminates only the intended areas, and does not cause disabling glare that affects driver safety and reduces the visibility of starry night skies.
(3) 
Lighting for the development must be contained on the property on which the development is located with a maximum footcandle of 0.30 at all side and rear property lines.
(4) 
LED lighting shall be permitted in addition to all of the conditions of the land use ordinance standards for lighting.
J. 
Miscellaneous.
(1) 
Secure television connections shall be provided for each unit. Television antennas shall be limited to one master antenna per building.
(2) 
Through-wall air-conditioning units that project beyond the building wall are not permitted.
(3) 
All trash and garbage shall be stored at all times in airtight covered containers which shall be kept in a centrally located, concealed area. They may be stored in private garages or outside of buildings. If the materials are stored outside, they must be kept in a permanent enclosure with a latching gate in a centrally located, concealed area approved by the Planning Board.
(4) 
Amenities restricted to the use of the residents and their guests are permitted subject to all applicable local and state requirements.
(5) 
Swimming pools, restricted to the use of tenants, are permitted subject to all applicable local and state requirements.
(6) 
Internal walkways shall be provided to provide a pedestrian connection to any site development amenities, such as a clubhouse, recreational facilities, pools, etc.
(7) 
Internal walkways shall be a minimum of four feet wide and shall be designed to comply with the requirements of the Americans with Disabilities Act (ADA).
(8) 
Fences shall be situated and designed in accordance with Article XV, § 195-130G, of this chapter.

§ 195-123 LB-2 Limited Business District 2.

[Added 9-19-2006 by Ord. No. 06-11]
A. 
The purpose of the LB-2 District is to encourage integrated limited retail uses and specified business and office uses.
B. 
The principal permitted uses allowed in the LB-2 District include the following:
(1) 
Retail custom packaging and mail services.
(2) 
Banks, not including drive-through banks.
(3) 
Business, professional and medical offices.
(4) 
Child-care centers, subject to § 195-129B.
(5) 
Antique shops.
(6) 
Dry-cleaning stores (retail distribution only).
(7) 
Interior decorating or home accessories stores.
(8) 
Instructional dance or martial arts studios.
(9) 
Recording studios.
(10) 
Office supplies.
(11) 
Indoor ice-skating rinks.
C. 
Accessory permitted uses allowed in the LB-2 District include the following:
(1) 
Off-street parking, subject to Article XX, Off-Street Parking Requirements, of this chapter.
(2) 
Fences and walls, subject to § 195-130G.
(3) 
Signs, subject to Article XIX, Sign Regulations, of this chapter.
(4) 
Child-care facilities, subject to § 195-129B.
(5) 
Rooftop-mounted solar energy panels, subject to § 195-130J.
[Added 3-2-2021 by Ord. No. 21-1]
(6) 
Building-wall-mounted solar panels, subject to extending no further than six inches into the minimum principal building setback requirements. Such installations shall comply with the applicable requirements of § 195-130J(2)(f) through (o).
[Added 3-2-2021 by Ord. No. 21-1]
D. 
Conditional permitted uses allowed in the LB-2 District include the following:
(1) 
None.
E. 
The applicable area and bulk requirements are presented in the accompanying Schedule of Area and Bulk Requirements set forth at the end of this chapter.

§ 195-124 LB-3 Limited Business District 3.

[Added 9-19-2006 by Ord. No. 06-11]
A. 
The purpose of the LB-3 District is to encourage integrated limited retail uses, retail activity associated with distribution activity and specified business and office uses.
B. 
The principal permitted uses allowed in the LB-3 District include the following:
[Amended 9-18-2012 by Ord. No. 12-18]
(1) 
Retail sale of appliances, furniture, office equipment or similar bulky, durable items;
(2) 
Medical equipment sales, rental and service;
(3) 
Instructional dance or martial arts studios;
(4) 
Music studios and music instruction studios;
(5) 
Retail custom packaging and mail services;
(6) 
Passenger car rental uses;
(7) 
Personal care services such as hair and beauty salons;
(8) 
Individualized instructional sports training facilities (excluding health clubs); shall not exceed a maximum net training floor area of 10,000 square feet;
(9) 
Neighborhood hardware store (maximum floor area 5,000 square feet);
(10) 
Farmers' market;
(11) 
Restaurants (excluding drive-throughs);
(12) 
Banks, including drive-through banks;
(13) 
Business and professional offices;
[Amended 11-10-2015 by Ord. No. 15-25]
(14) 
Child-care centers subject to § 195-129B;
(15) 
Antique shops;
(16) 
Animal grooming and animal day-care services;
(17) 
Dry cleaners (retail distribution only).
C. 
Accessory permitted uses allowed in the LB-3 District include the following:
(1) 
Off-street parking, subject to Article XX, Off-Street Parking Requirements, of this chapter.
(2) 
Fences and walls, subject to § 195-130G.
(3) 
Signs, subject to Article XIX, Sign Regulations, of this chapter.
(4) 
Child-care facilities, subject to § 195-129B.
(5) 
Rooftop-mounted solar energy panels, subject to § 195-130J.
[Added 3-2-2021 by Ord. No. 21-1]
(6) 
Building-wall-mounted solar panels, subject to extending no further than six inches into the minimum principal building setback requirements. Such installations shall comply with the applicable requirements of § 195-130J(2)(f) through (o).
[Added 3-2-2021 by Ord. No. 21-1]
D. 
Conditional permitted uses allowed in the LB-3 District include the following:
(1) 
Parking lots for adjacent properties, subject to the following:
(a) 
The parking lot shall serve a conterminous property or a property within 200 feet of the subject property.
(b) 
The parking area shall serve a permitted use in the zone.
(c) 
Parking areas shall be signed to indicate the owner, business usage of parking and that no overnight parking by nontenant vehicles is permitted.
(2) 
Retail sales dealerships for new automobiles, subject to all development regulations of the district, and further subject to the following conditional use regulations:
(a) 
Minimum lot area: 25,000 square feet.
(b) 
Minimum lot width: 125 feet, measured at the building setback line.
(c) 
The automobile dealership is permitted to include used automobile sales and service wherein used automobile sales and service is accessory to new automobile sale uses and that outdoor display and/or storage of used automobiles does not exceed 30% of the total outdoor display and storage area of automobiles.
(3) 
Adult senior day-care facilities subject to the following conditions:
[Added 9-18-2012 by Ord. No. 12-18]
(a) 
Adult day-care center shall be duly licensed as required by applicable New Jersey state standards.
(b) 
Parking areas, driveways and dropoff/pickup areas shall be appropriately screened and buffered from adjoining residential properties by a minimum fifteen-foot-wide landscaped buffer.
E. 
The applicable area and bulk requirements are presented in the accompanying Schedule of Area and Bulk Requirements set forth at the end of this chapter.

§ 195-125 LM Light Manufacturing District.

A. 
The purpose of the LM Light Manufacturing District is to permit light manufacturing, warehouse, office and research uses.
B. 
The principal permitted uses allowed in the LM District include the following:
[Amended 9-18-2012 by Ord. No. 12-17]
(1) 
Light manufacturing;
(2) 
Warehouses;
(3) 
Self-storage facilities;
(4) 
Laboratories;
(5) 
Business, professional and medical offices;
(6) 
Essential municipal purposes;
(7) 
Child-care facilities, subject to § 195-129B;
(8) 
Instructional dance or martial arts studios;
(9) 
Glass, window or mirror businesses;
(10) 
Individualized instructional sports training facilities (excluding health clubs); shall not exceed a maximum net training floor area of 10,000 square feet;
(11) 
Automotive and automotive body repair shops. Outdoor storage associated with such facilities shall conform with the outdoor storage requirements noted in the accessory uses in this zone;
(12) 
Car leasing and rental facilities. Outdoor storage associated with such facilities shall conform with the outdoor storage requirements noted in the accessory uses in this zone;
(13) 
Fabrication businesses;
(14) 
Garden centers and nurseries;
(15) 
Contractor facilities (permitting tradesmen such as painters, plumbers, carpenters, electricians, roofers and excavators). Outdoor storage associated with such facilities shall conform with the outdoor storage requirements noted in the accessory uses in this zone;
(16) 
Security businesses;
(17) 
Printing facilities;
(18) 
Medical supplies;
(19) 
Medical products research and development facilities.
C. 
Accessory permitted uses allowed in the LM District include the following:
(1) 
Off-street parking, subject to Article XX, Off-Street Parking Requirements, of this chapter.
(2) 
Fences and walls, subject to § 195-130G.
(3) 
Signs, subject to Article XIX, Sign Regulations, of this chapter.
(4) 
Child-care facilities, subject to § 195-129B.
(5) 
Outdoor storage areas conforming with the following:
[Added 9-18-2012 by Ord. No. 12-17]
(a) 
Storage must be within an area defined and completely screened in accordance with specific approval of a site plan by the Planning or Zoning Board;
(b) 
Screened with a minimum buffer in accordance with the buffer requirements of § 195-133 from a residential-zoned or -developed property;
(c) 
The area shall be calculated in the total impervious coverage of the site;
(d) 
Shall be set back at least 10 feet from a side or rear lot line and not permitted in a front yard;
(e) 
The storage areas shall not occupy or obstruct the parking space requirements required by code;
(f) 
The storage areas and materials shall be no higher than 15 feet high;
(g) 
The storage areas shall be at least 15 feet from a principal structure;
(h) 
A storage area is not permitted on a lot wherein there is not a principal building or structure;
(i) 
The storage area material must be only for the business activities of the tenant or owner of the principal structure on the lot in question;
(j) 
The storage of registered or unregistered motor vehicles or trailers on site for more than 14 consecutive days shall be deemed outdoor storage;
(k) 
The storage of waste as outdoor storage is not permitted except in accordance with applicable solid waste and health code requirements. All storage areas shall comply with applicable performance standards as contained herein.
(6) 
Rooftop-mounted solar energy panels, subject to § 195-130J.
[Added 3-2-2021 by Ord. No. 21-1]
(7) 
Building-wall-mounted solar panels, subject to extending no further than six inches into the minimum principal building setback requirements. Such installations shall comply with the applicable requirements of § 195-130J(2)(f) through (o).
[Added 3-2-2021 by Ord. No. 21-1]
D. 
Conditional permitted uses allowed in the LM District include the following:
(1) 
None.
E. 
The applicable area and bulk requirements are presented in the accompanying Schedule of Area and Bulk Requirements set forth at the end of this chapter.

§ 195-126 HSO Health Services/Offices District.

A. 
The purpose of the HSO District is to permit hospital and related medical office functions.
B. 
The principal permitted uses allowed in the HSO District include the following:
(1) 
Business, professional and medical offices.[1]
[1]
Editor's Note: Original Subsection B.1, Hospitals, which immediately preceded this subsection, was repealed 9-19-2006 by Ord. No. 06-10.
(2) 
Medical labs and service facilities.
(3) 
Nursing homes, subject to § 195-129A.
(4) 
Congregate care and assisted living facilities, subject to § 195-129A.
(5) 
Research and development uses.
(6) 
Essential municipal purposes.
(7) 
Child-care centers, subject to § 195-129B.
C. 
Accessory permitted uses allowed in the HSO District include the following:
(1) 
Off-street parking, subject to Article XX, Off-Street Parking Requirements, of this chapter.
(2) 
Fences and walls, subject to § 195-130G.
(3) 
Signs, subject to Article XIX, Sign Regulations, of this chapter.
(4) 
Child-care facilities, subject to § 195-129B.
(5) 
Rooftop-mounted solar energy panels, subject to § 195-130J.
[Added 3-2-2021 by Ord. No. 21-1]
(6) 
Building-wall-mounted solar panels, subject to extending no further than six inches into the minimum principal building setback requirements. Such installations shall comply with the applicable requirements of § 195-130J(2)(f) through (o).
[Added 3-2-2021 by Ord. No. 21-1]
D. 
Conditional permitted uses allowed in the HSO District include the following:
(1) 
Gasoline and service stations, subject to § 195-131D.
E. 
The applicable area and bulk requirements are presented in the accompanying Schedule of Area and Bulk Requirements set forth at the end of this chapter.

§ 195-127 O Office District.

A. 
The purpose of the O Office District is to provide an area for the concentration of office uses at the perimeter of the CBD. This classification is designed to encourage conversion of existing buildings to office use, as well as to encourage the assemblage of parcels to enable new office development.
B. 
The principal permitted uses allowed in the O Office District include the following:
(1) 
Offices.
(2) 
Residential, complying with R-1 requirements.
(3) 
Child-care centers, subject to § 195-129B.
(4) 
Nutritionist, dietician and licensed physical therapist.
[Added 5-15-2012 by Ord. No. 12-10]
C. 
Accessory permitted uses allowed in the O District include the following:
(1) 
Off-street parking, subject to Article XX, Off-Street Parking Requirements, of this chapter.
(2) 
Fences and walls, subject to § 195-130G.
(3) 
Signs, subject to Article XIX, Sign Regulations, of this chapter.
(4) 
Child-care facilities, subject to § 195-129B.
(5) 
Rooftop-mounted solar energy panels, subject to § 195-130J.
[Added 3-2-2021 by Ord. No. 21-1]
D. 
Conditional uses allowed in the O District include the following, and are subject to § 195-131F:
(1) 
Mixed-use development.
E. 
The applicable area and bulk requirements are presented in the accompanying Schedule of Area and Bulk Requirements at the end of this chapter.

§ 195-128 H Hospital District.

[Added 9-19-2006 by Ord. No. 06-10; amended 4-22-2008 by Ord. No. 08-10]
A. 
The purpose of the H District is to provide a community and regional hospital and/or medical centers and medically oriented educational facilities benefiting the residents and surrounding areas of the Borough of Westwood and to allow for the integration of such facilities with an institution of higher learning, primarily affording medical education leading to a medical degree or medical science graduate degree, research and patient care.
[Amended 3-16-2021 by Ord. No. 21-3]
B. 
Principal permitted uses allowed in the H District include the following:
(1) 
Community hospitals.
(2) 
Medical schools.
(3) 
Essential municipal services.
(4) 
Child-care centers, subject to § 195-130H.
C. 
Accessory permitted uses allowed in the H District include the following:
(1) 
Off-street parking, subject to Article XX, Off-Street Parking Requirements, of this chapter.
(2) 
Fences and walls, subject to § 195-130G.
(3) 
Signs, subject to Article XIX, Sign Regulations, of this chapter.
(4) 
Child-care centers, subject to § 195-130H.
(5) 
Multilevel parking garages, subject to Subsection L of this section.
(6) 
Pharmacies structurally incorporated into a principal use and structure.
(7) 
Accessory uses and structures customarily incidental to permitted uses.
(8) 
Seasonal outdoor farmers' markets or plant sales, subject to permitting regulations.
[Added 4-19-2016 by Ord. No. 16-8]
(9) 
Rooftop-mounted solar energy panels, subject to § 195-130J.
[Added 3-2-2021 by Ord. No. 21-1]
(10) 
Building-wall-mounted solar panels, subject to extending no further than six inches into the minimum principal building setback requirements. Such installations shall comply with the applicable requirements of § 195-130J(2)(f) through (o).
[Added 3-2-2021 by Ord. No. 21-1]
D. 
Conditional permitted uses allowed in the H District include the following:
(1) 
None.
E. 
For area and bulk regulations, refer to § 195-129D.
F. 
At the issuance of the initial certificate of occupancy for a medical school, the medical school shall be affiliated or associated with a community hospital located on the same site as the medical school. This condition for the issuance of an initial certificate of occupancy for a medical school shall be met if the affiliated community hospital is in the process of obtaining some or all licenses and approvals necessary to operate a community hospital on the site.
G. 
Every medical school shall be accredited as a medical school by the Liaison Committee on Medical Education or be actively in the process of securing accreditation.
H. 
Community and regional hospitals shall include, as part of their use, acute and long-term care facilities and emergency room care facilities. In addition, all medical schools shall be licensed or approved by the New Jersey Board of Medical Examiners in the Office of the Attorney General, as required by applicable regulation.
[Amended 3-16-2021 by Ord. No. 21-3]
I. 
Building height exemptions.
[Amended 3-16-2021 by Ord. No. 21-3]
(1) 
The principal building height in the H Hospital Zone may be increased to up to seven stories, subject to complying with the new construction setback requirements as noted in § 195-129D(6) and 195 Attachment 14, Schedule A [Note (7), H Hospital Zone].[1] In addition, the portion of the principal building with stories above five stories shall have an additive setback distance of 15 feet per story above five stories. All additions above five stories shall be subject to the review and approval of a sun/shadow study by the reviewing Board.
[1]
Editor's Note: Schedule A is included as an attachment to this chapter.
(2) 
The height limitations otherwise applicable shall not apply to mechanical penthouses, chimneys, ventilators, bulkheads and limited necessary mechanical appurtenances, so long as said features do not exceed the building's roof height by more than 25 feet, cover no more than 20% of the building's roof surface and are both visually and acoustically screened.
J. 
More than one principal building and use and more than one accessory building and use are permitted in the H District.
K. 
All vehicular access to and from any property in the H District shall be from a County of Bergen roadway.
L. 
Multilevel parking garages shall be regulated by the same bulk and setback standards as applied in this zone to principal buildings, except that parking garages shall be permitted up to a height of 50 feet with a minimum setback of 50 feet from front lot lines. Notwithstanding any other provisions of this chapter, multilevel parking garages shall:
[Amended 3-16-2021 by Ord. No. 21-3]
(1) 
Be included in calculating the site's impervious coverage;
(2) 
Not be factored into the calculation of building coverage or floor area ratio; and
(3) 
Conform to the following standards:
(a) 
Minimum parking aisle width:
[1] 
For spaces angled at 30°, 15 feet for one-way aisles and 18 feet for two-way aisles.
[2] 
For spaces angled at 45°, 16 feet for one-way aisles and 20 feet for two-way aisles.
[3] 
For spaces angled at 90°, 18 feet for one-way aisles and 24 feet for two-way aisles.
(b) 
Minimum stall dimensions: 8.5 feet by 18 feet.
(4) 
Multilevel parking garages shall provide architectural design detailing coordinated with the architectural styles of the principal buildings of the hospital facility. Additionally, parking garages shall incorporate the following:
(a) 
Architectural treatments, including such features as compatible facade materials, building openings or window arrangements, decorative gratings, artistic panels and green or vegetated wall treatments to disguise or screen the parking inside or the parking structure.
(b) 
Parking structure vehicular or pedestrian entrances shall be accentuated by architectural detailing and provide visual identification to safeguard pedestrian movement where appropriate.

§ 195-128.1 CEM Cemetery District.

[Added 9-18-2012 by Ord. No. 12-16]
A. 
The purpose for the CEM District is to provide an area that encompasses the existing Westwood Cemetery area in a zone in recognition of the developed cemetery character of the properties. Within any CEM Zone, no building, structure or area or lot or land shall be used in whole or in part for other than one or more of the permitted uses expressly set forth herein.
B. 
Principal permitted uses shall be as follows:
(1) 
Graves for the interment of human remains and related activities associated with interment, excluding a crematorium.
(2) 
Mausoleum: one multifamily mausoleum of up to 200 interments per ten-acre site area.
(3) 
Family mausoleum: unlimited in number permitted.
(4) 
Municipal buildings and uses.
C. 
Accessory uses:
(1) 
House of worship or office space strictly related to said cemetery use, not to exceed a height of 30 feet.
(2) 
Placement of tombstones and monuments on a burial plot not to exceed a height of 15 feet.
(3) 
Maintenance building relating to the operation of the cemetery only, not to exceed a height of 20 feet.
(4) 
Rooftop-mounted solar energy panels, subject to § 195-130J.
[Added 3-2-2021 by Ord. No. 21-1]
D. 
Maximum building height.
(1) 
The maximum height of a mausoleum in the CEM Zone shall not be greater than 30 feet.
E. 
Minimum tract area: 30 acres.
F. 
Yard and setback requirements.
(1) 
Minimum front yard setback.
(a) 
Graves and family mausoleums: minimum 30 feet from any front lot line, five feet from any side or rear property line.
(b) 
Mausoleums for multiple families: minimum of 40 feet from a front lot line and 30 feet from a side or rear lot line.
[Amended 12-15-2015 by Ord. No. 15-28]
(c) 
Permitted accessory buildings: 150 feet from any front lot line, 10 feet from a side or rear lot line up to 20 feet in height, 30 feet from a side or rear lot line for accessory structures higher than 20 feet.
(d) 
Access roads. Access roads may be permitted every 200 feet, with a maximum of two access roads on any one public street. Any intersections of an access road with a public street shall be at least 150 feet from any existing or proposed street intersection.
(e) 
Signs. A maximum of one identification sign may be permitted along any one public street. Said signs shall be no larger than 12 square feet in area and shall be at least 10 feet from any street line. The identification sign shall be no higher than eight feet. Directional and safety signs erected on the premises shall each be limited to two square feet in area and shall be erected at least 20 feet from any street line.