a. The use shall be a mixed use consisting of retail commercial and/or office use and self-storage. The square footage of retail and/or Office uses must equal a minimum of 10% of the lot area.
b. The retail commercial or office use shall be located at the front of the building and any facade facing a street shall give the appearance of being a retail commercial or office use. The sides of the building shall also give the appearance of being a retail commercial or office use for a depth of 75' from any front facade of the building.
d. Bulk requirements
1. Maximum Building Coverage - 50%
2. Maximum Floor Area Ratio - 85% total; 15% for retail/office use.
5. Maximum Building Height - 35'
a. The use shall consist only of fabrication and/or assembly of light machinery or products and accessory storage/warehousing and office use. Wholesale (business to business) sale of products may occur, but no retail sales to the general public shall be permitted. No manufacturing of parts shall occur on site and no chemical processing or emission of environmental pollutants into the environment shall occur.
b. Site access is provided only from Doris Avenue, and in no case should access be provided through residential neighborhoods.
c. A minimum 75' landscaped buffer should be provided to all adjacent residentially zoned or developed areas.
d. Bulk Requirements
1. Minimum lot size - 25,000 square feet
2. Minimum lot width - 140 feet
3. Minimum lot depth - 100 feet
4. Minimum front yard setback (measured from the future street R.O.W.) - 35' from any other street
9. Minimum gross floor area - 3,500 square feet
10. Maximum building height - 35 feet
Minimum Lot Acres - 15 acres
Side and Rear Yard - 25'
Maximum Density - 7 dwelling units per gross acre
Maximum Building Height - 50'
Maximum Stories Above Grade - three
b. No unit shall have more than 2 bedrooms except that affordable units may have 3 bedrooms per unit up to the number of units necessary to comply with New Jersey Council On Affordable Housing (COAH) regulations.
c. The total number of units to be affordable units shall be based on applicable COAH regulations. More specifically, if the development is intended to address Round 2 COAH regulations, a minimum of 15% of the total units shall be affordable units. If the development is intended to address Round 3 COAH regulations, a minimum of 20% of the units shall be affordable units. In the event the applicant proposes to provide affordable housing units by expanding an existing facility the applicant shall calculate the affordable obligation as a percentage of the existing market units and add that product to the total.
d. The provision of affordable units shall be based on a plan approved by the appropriate Municipal Agency.
e. An existing approved Senior Independent Living Facility may be converted to Affordable Apartment Flats either by including affordable units in the existing facility or by expanding the facility to include affordable units. In either event, the COAH required percentage of affordable 2 bedroom and 3 bedroom units must be provided or bonded for prior to such conversion as described below.
In the event the applicant chooses to provide affordable housing units within the existing building, without expansion of the building, the applicant must bond for the minimum number of 3 bedroom units required by COAH until such time as existing units are modified to provide the required number of 3 bedroom units. The amount of the bond shall be determined by the Township Engineer based on plans provided by the applicant, and shall be equivalent to the cost of converting existing units to the required number of 3 bedroom units.
In the event that the applicant chooses to expand the existing building by adding new units, the applicant shall bond for the minimum required number of 3 bedroom units until such time as the new 3 bedroom units are constructed and have received a Certificate of Occupancy. The amount of the bond shall be determined by the Township Engineer, and shall be equivalent to the cost of construction of the required number of 3 bedroom units based on plans provided by the applicant. The remaining required affordable units must be made available for rent from existing units at the COAH determined rent levels until such time as any new affordable units are constructed and have received a Certificate of Occupancy.
Recreational amenities shall be provided on site to accommodate anticipated families with children. Such amenities shall include play equipment for children and may also include such amenities as a swimming pool, courts for games, and sitting areas for adults.
f. All other ordinances or parts of ordinances inconsistent thereof are hereby repealed to the extent of such inconsistencies.
g. If any section, paragraph, subparagraph, clause or provision of this ordinance shall be adjudged invalid, such adjudication shall apply only to the section, paragraph, subparagraph, clause or provision so adjudged and the remainder of this ordinance shall be deemed valid and effective.
h. This ordinance shall take effect following the final adoption and publication pursuant to the law subject to the filing of a copy of same with the Monmouth County Planning Board.
The following modifications and exceptions to the limitations imposed by the chapter are permitted under the terms and specifications herein set forth.
The height limitations of this chapter shall not apply to church spires, clock towers, belfries, and cupolas. Such features, however, shall be erected only to such height as is necessary to accomplish the purpose they are to serve, or, in the opinion of the Construction Code Official and Zoning Officer, the height of the proposed structure is complimentary to the architecture of the overall building or buildings. In addition, no advertising, corporate logos or color schemes or similar signage will be permitted. Mechanical appurtenances such as air conditioning or heating units and elevators shall not exceed the height limit of more than six (6') feet and shall be screened in a manner which is architecturally compatible with the building. The provisions of the chapter shall not apply to prevent the erection above the building height limit of a parapet wall or cornice for ornamental purposes to screen mechanical appurtenances. Building mounted antennas shall not exceed the height limits by more than ten (10') feet. Ground based antennas shall conform to the height requirements of an accessory structure.
a. Improvements or additions may be made to single-family dwellings in districts, where permitted, without municipal agency approval, provided the improvement or addition does not encroach on any front, rear or side yard setback requirements and meets all other provisions of this chapter. A building permit must be obtained.
b. Where the owner of a lot of substandard size owns adjacent lots or parcels of land, such lots or parcels shall be considered as a single lot and the area and yard space provisions of this chapter shall hold.
Within the districts established by this chapter, or amendments that may later be adopted, there exist lots, structures, and uses of land and structures which were lawful before this chapter was passed or amended, but which would be prohibited, regulated, or restricted under the terms of this chapter or future amendment. It is the intent of this chapter to permit these nonconformities to continue until they are removed, but not to encourage their survival. Such uses are declared by this chapter to be incompatible with permitted uses in the districts involved. It is further the intent of this chapter that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district, unless to make such use or structure conform to minimum safe building standards.
A nonconforming use of a structure, a nonconforming use of land, or a nonconforming use of a structure and land, shall not be extended or enlarged after passage of this chapter by the attachment on a building or premises of additional signs intended to be seen from off the premises, or by the addition of other uses of a nature which would be prohibited generally in the district involved.
To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this chapter and upon which actual building construction has been diligently carried on. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner according to architectural and engineering design, except that where demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction provided that work shall be diligently carried on until completion of the building involved.
Structures that are nonconforming according to this chapter may be continued so long as they remain otherwise lawful. Nonconforming structures and their use shall not be enlarged, expanded or altered except to become more in conformity with this chapter. Any replacement of a nonconforming structure or use shall conform to this chapter. Any nonconforming structures partially destroyed may be restored or repaired, but only to the extent of the previous nonconformity. Change from one nonconforming use to another shall not be allowed, except by approval of the Board of Adjustment. No structure or use shall be re-established after abandonment for 12 consecutive months and shall be so adjudged when there occurs a cessation of any such use or activity by an apparent act or failure to act on the part of the tenant or owner to reinstate such use within the 12 month period from the date of cessation or discontinuance.
No nonconforming use shall, if once changed into a conforming use, be changed back again into a nonconforming use.
On any building devoted in whole or in part to any nonconforming use, repairs and maintenance may be made. Said repairs shall be limited to routine or ordinary repairs. Nothing in this chapter shall prevent the strengthening or restoring to a safe condition any wall, floor or roof of any building which is a valid non-conforming structure, which has been declared unsafe by the construction official.
The setback and lot coverage limitations of this chapter shall not apply to canopies located over doorways if the following conditions are met:
a. The canopy may not extend more than 5 feet from the face of the building.
b. The canopy may extend no more than 18 inches beyond each side of the doorway.
c. In no case may the canopy be closer than five feet to any property line.
d. No signage, letters, numbers, or graphics may appear on the canopy other than the street address number.
