Provisions for off-street parking and off-street loading berths shall be provided as required by Section 40:5-1 et seq. (R.O. 1966 C.S. § 27:3-26)
The regulations set forth in this Article, or set forth elsewhere in this Title when referred to in this Article, are the district regulations in Second Business Districts. (R.O. 1966 C.S. §27:3-27)
Permitted uses shall only be those listed in the column entitled 2nd Business District in Section 40:3-65 Permitted Uses by District, Table 2: Business District. (R.O. 1966 C.S. § 27:3-28; Ord. 6 S+FO, 9-7-88 §27:3-28; Ord. 6 S+FJ, 6-16-04 § 2; Ord. 6 PS F-E, 1-21-09 § 1; Ord. 6 PSF-A(S), 7-14-09 Exh. A)
40:3-28.1. New Construction Along a Commercial Row.
For new construction along a commercial row defined in the Zoning Ordinance, the front of the ground floor of the structure (in an area at least forty (40) feet deep with at least five hundred (500) square feet) shall be constructed and used as commercial or live/work business area containing use permitted in this district. The floor to floor height in this area shall be a minimum of sixteen (16) feet. Entrance lobbies to residential portions of the same structure are also permitted in the front of the ground floor. (Ord. 6 S+FA, 6-4-08 § 1; Ord. 6 PSF-A(S), 7-14-09 Exh. A)
Except as hereinafter provided in Section 40:4-1 et seq., the height regulations are the same as those in Third Residence Districts. (R.O. 1966 C.S. §27:3-29; Ord. 6 S+FB, 12-21-00 §1; Ord. 6 S+FB, 12-22-04 §1)
Except as hereinafter provided in Section 40:4-1 et seq.:
a. Side Yard
1. Minimum Side for Existing Lots Ranging in Size from Two Thousand Five Hundred to Three Thousand Four Hundred Ninety-Nine (2,500-3,499) Square Feet:
A minimum side yard setback of three (3) feet is required, but the following regulations also apply:
(a) The side yard setback is allowed to be zero instead of three (3) feet if the closest building on the adjacent lot has three (3) feet setback from the common lot line.
(b) The side yard setback is also allowed to be zero instead of the above minimum if the closest building on the adjacent lot has a zero setback from the common lot line and the new structure's wall can be built flush with the adjacent building's wall.
(c) On commercial rows, the side yard setback is required to be zero instead of the required minimum, and the new structure's wall shall be flush with any adjacent building walls present.
(d) No new construction shall encroach within three (3) feet of another building's windows or other fenestrations nor block emergency access to those fenestrations. In cases where the side yard setback is to be zero, the setback area from that adjacent building's fenestrations shall only extend from the location of the fenestration to the rear of the new structure.
(e) No side yard shall be of a distance between zero and three (3) feet.
2. Minimum Side for Lots Resulting from a Post-2006 Subdivision and for Existing Lots with Three Thousand Five Hundred (3,500) Square Feet or More Area:
A minimum side yard setback of three and one-half (3.5) feet is required, but the following regulations also apply:
(a) The side yard setback is allowed to be zero instead of three and one-half (3.5) feet if the closest building on the adjacent lot has three (3) feet of setback from the common lot line.
(b) The side yard setback is also allowed to be zero instead of the above minimum if the closest building on the adjacent lot has a zero setback from the common lot line and the new structure's wall can be built flush with the adjacent building's wall.
(c) On commercial rows, the side yard setback is required to be zero instead of the required minimum, and the new structure's wall shall be flush with any adjacent building walls present.
(d) No new construction shall encroach within three (3) feet of another building's windows or other fenestrations nor block emergency access to those fenestrations. In cases where the side yard setback is to be zero, the setback areas from that adjacent building's fenestrations shall only extend from the location of the fenestration to the rear of the new structure.
(e) No side yard shall be of a distance between zero and three and one-half (3.5) feet.
b. Rear Yard Except as hereinafter provided in Section 40:4-1 et seq., the rear yard requirements shall be required to be a setback of twenty (20) feet.
c. Minimum Amount of Area on Exterior Walls Devoted to Transparent Glazing for Development on Lots with Five Thousand (5,000) or Less Square Feet and/or Fifty (50) Feet or Less of Width.
1. For the primary front facade a minimum of thirty (30%) percent of the wall area shall be devoted to transparent windows or doorway areas.
2. For street facing side or rear walls of structures on corner lots or through lots, a minimum of twenty (20%) percent of the wall area shall be devoted to transparent windows or doorway areas.
3. For non-street facing walls, the greater of a minimum of ten (10%) percent of wall area or the maximum amount allowed by construction code shall be devoted to transparent windows or doorway areas.
4. All transparent glazing areas on door panels count toward this requirement, but door panels themselves do not count towards this requirement.
5. For the first floor facade measured from grade to the ceiling height of that first floor of buildings on commercial rows and for commercial spaces, the minimum required area of wall devoted to transparent windows or doorway areas is forty-five (45%) percent. Additionally, any security gates, grills, or roll-down barricades shall have a minimum transparency of seventy-five (75%) percent.
d. Inner Courts. The least dimension of any given height of any inner court shall be at least one and one-half (1 1/2) inches to each one (1) foot of bounding wall, but in no case less than four (4) feet, and need not exceed twenty (20) feet. The area of an inner court shall be at least twice the square of the required least dimension.
e. Yard Impervious Area for Development on Lots with Five Thousand (5,000) or Less Square Feet and/or Fifty (50) Feet or Less of Width.
1. Maximum of fifty-five (55%) percent of front yard lot area.
2. Only one (1) driveway area shall be permitted in the front yard.
3. At side yards, a paved walkway is only permitted along one (1) side of a dwelling.
f. Front Yard Front yard setback standards shall be measured to the structural front walls of applicable buildings and shall not be based on the locations of open or enclosed porches, balconies, or bay windows. Small sections of a new facade may also be recessed deeper than the required setback to allow for architectural interest in the new building.
1. The front setback of a new structure shall match the shorter front setback of the two (2) closest principal buildings on each side of the project site on the same block frontage as the site.
2. Bay windows (with no wall section wider than six (6) feet), balconies, stoops, and porches are permitted to encroach into the front setback area.
3. When the block has no existing development to serve as the reference for the required setback, the front yard setback shall be six (6) feet.
4. For through lots, the street frontage where the closest principal buildings on each end of the lot that have the lesser setback shall be considered the front yard.
5. For corner lots, the following special setback requirements apply to the street frontages of the two (2) intersecting streets.
(a) One of the setbacks of a new structure shall match the lesser front setback of the closest principal building on that block and on that street frontage.
(b) The other frontage's setback shall be six (6) feet or less.
1. For lots of two thousand five hundred (2,500) to three thousand two hundred (3,200) square feet, a maximum of two (2) dwelling units is permitted, but a maximum of three (3) dwelling units is permitted on such lots located within one thousand two hundred (1,200) feet (measured in a straight line) of a station for light rail, PATH train, Bus-Rapid-Transit (a unique system operated by NJ Transit or its successor/assignee that is different from standard local or express bus service), or commuter rail service.
2. For lots of three thousand two hundred one (3,201) to four thousand nine hundred ninety-nine (4,999) square feet, a maximum of three (3) dwelling units is permitted.
3. For lots of larger than five thousand (5,000) to six thousand (6,000) square feet, a maximum of four (4) dwelling units is permitted.
4. For lots larger than six thousand one (6,001) square feet, one (1) family shall be permitted on each floor for each nine hundred (900) square feet of lot area, except that for townhouses, these regulations do not apply.
h. Lot Size. For new lots created by subdivision for freestanding structures, the width of the lot shall not be less than thirty-five (35) feet and the total lot area shall not be less than three thousand five hundred (3,500) square feet. Lots for townhouses must be at least twenty (20) feet wide.
(R.O. 1966 C.S. §27:3-30; Ord. 6 S+FD, 3-7-90; Ord. 6 S+FB, 10-5-94; Ord. 6 S+FB, 12-21-00 §1; Ord. 6 S+FB, 12-22-04 §1; Ord. 6 S+FA, 6-4-08 §1)
Provisions for off-street parking and off-street loading berths shall be provided as required by Section 40:5-1 et seq. (R.O. 1966 C.S. §27:3-31)
The regulations set forth in this Article, or set forth elsewhere in this Title when referred to in this Article, are the district regulations in Third Business Districts. (R.O. 1966 C.S. § 27:3-32)
Permitted uses shall only be those listed in the column entitled 3rd Business District in Section 40:3-65 Permitted Uses by District, Table 2: Business District.
For new construction along a commercial row defined in the Zoning Ordinance, the front of the ground floor of the structure (in an area at least forty (40) feet deep with at least five hundred (500) square feet) shall be constructed and used as commercial or live/work business area containing use permitted in this district. The floor to floor height in this area shall be a minimum of sixteen (16) feet. Entrance lobbies to residential portions of the same structure are also permitted in the front of the ground floor. (R.O. 1966 C.S. § 27:3-33; Ord. 6 S+FA, 6-4-08 § 1; Ord. 6 PSF-A(S), 7-14-09 Exh. A)
The height regulations are the same as those in Fourth Residence Districts.
What follows within this item is a special exceptional regulation that allows for and applies only to construction of freestanding dwellings on existing isolated lots that are less than thirty-five (35) feet wide. These lots must be at least twenty-five (25) feet wide and have at least two thousand five hundred (2,500) square feet. For this type of lot, only a one- or two-family dwelling or mixed-use building, or a commercial building shall be constructed. If more than two (2) of these lots are adjacent to each other, this exceptional standard would not apply, and the lots would need to be merged and construction would need to adhere to the above regulation for larger lots that are greater in width than thirty-five (35) feet. The special standard is below:
Height shall be limited to thirty-five (35) feet and three (3) stories. (R.O. 1966 §27:3-34; Ord. 6 S+FB, 12-21-00 § 1; Ord. 6 S+FB, 12-22-04 § 1)
a. Front Setback Requirements for Development on Lots with Five Thousand (5,000) or Less Square Feet and/or Fifty (50) Feet or Less of Width. Front yard setback standards shall be measured to the structural front walls of applicable buildings and shall not be based on the locations of open or enclosed porches, balconies, or bay windows. Small sections of a new facade may be recessed deeper than the required setback to allow for architectural interest in the new building.
1. The front setback of a new structure shall match the shorter front setback of the two (2) closest principal buildings on each side of the project site on the same block frontage as the site.
2. Bay windows (with no wall section wider than six (6) feet), balconies, stoops, and porches are permitted to encroach into the front setback area.
3. When the block has no existing development to serve as the reference for the required setback, the front yard setback shall be six (6) feet.
4. For through lots, the street frontage where the closest principal buildings on each end of the lot that have the lesser setback shall be considered the front yard.
5. For corner lots, the following special setback requirements apply to the street frontages of the two (2) intersecting streets.
(a) One (1) of the setbacks of a new structure shall match the lesser front setback of the closest principal building on that block and on that street frontage.
(b) The other frontage's setback shall be six (6) feet or less.
b. Side Setback Requirements.
1. Minimum Side for Existing Lots Ranging in Size from Two Thousand Five Hundred to Three Thousand Four Hundred Ninety-Nine (2,500-3,499) Square Feet:
A minimum side yard setback of three (3) feet is required, but the following regulations also apply:
(a) The side yard setback is allowed to be zero instead of three (3) feet if the closest building on the adjacent lot has three (3) feet of setback from the common lot line.
(b) The side yard setback is also allowed to be zero instead of the above minimum if the closest building on the adjacent lot has a zero setback from the common lot line and the new structure's wall can be built flush with the adjacent building's wall.
(c) On commercial rows, the side yard setback is required to be zero instead of the required minimum, and the new structure's wall shall be flush with any adjacent building walls present.
(d) No new construction shall encroach within three (3) feet of another building's windows or other fenestrations nor block emergency access to those fenestrations. In cases where the side yard setback is to be zero, the setback area from that adjacent building's fenestrations shall only extend from the location of the fenestration to the rear of the new structure.
(e) No side yard shall be of a distance between zero and three (3) feet.
2. Minimum Side for Lots Resulting From a Post-2006 Subdivision and for Existing Lots with Three Thousand Five Hundred (3,500) Square Feet or More Area:
A minimum side yard setback of three and one-half (3.5) feet is required, but the following regulations also apply:
(a) The side yard setback is allowed to be zero instead of three and one-half (3.5) feet if the closest building on the adjacent lot has three (3) feet of setback from the common lot line.
(b) The side yard setback is also allowed to be zero instead of the above minimum if the closest building on the adjacent lot has a zero setback from the common lot line and the new structure's wall can be built flush with the adjacent building's wall.
(c) On commercial rows, the side yard setback is required to be zero instead of the required minimum, and the new structure's wall shall be flush with any adjacent building walls present.
(d) No new construction shall encroach within three (3) feet of another building's windows or other fenestrations nor block emergency access to those fenestrations. In cases where the side yard setback is to be zero, the setback area from that adjacent building's fenestrations shall only extend from the location of the fenestration to the rear of the new structure.
(e) No side yard shall be of a distance between zero and three and one-half (3.5) feet.
c. Rear Setback Requirement. Rear setback requirement shall be a minimum of twenty (20) feet on all lots.
1. For lots of two thousand five hundred (2,500) to three thousand two hundred (3,200) square feet, a maximum of two (2) dwelling units is permitted, but a maximum of three (3) dwelling units is permitted on such lots located within one thousand two hundred (1,200) feet (measured in a straight line) of a station for light rail, PATH train, Bus-Rapid-Transit (a unique system operated by NJ Transit or its successor/assignee that is different from standard local or express bus service), or commuter rail service.
2. For lots of three thousand two hundred one (3,201) to four thousand nine hundred ninety-nine (4,999) square feet. a maximum of three (3) dwelling units is permitted.
3. For lots of larger than five thousand (5,000) to six thousand (6,000) square feet, a maximum of four (4) dwelling units is permitted,
4. For lots larger than six thousand one (6,001) square feet, one (1) family shall be permitted on each floor for each nine hundred (900) square feet of lot area, except that for townhouses, these regulations do not apply.
e. Minimum Amount of Area on Exterior Walls Devoted to Transparent Glazing for Development on Lots with Five Thousand (5,000) or Less Square Feet and/or Fifty (50) Feet or Less of Width.
1. For the primary front facade a minimum of thirty (30%) percent of the wall area shall be devoted to transparent windows or doorway areas.
2. For street facing side or rear walls of structures on corner lots or through lots, a minimum of twenty (20%) percent of the wall area shall be devoted to transparent windows or doorway areas.
3. For non-street facing walls, the greater of a minimum of ten (10%) percent of wall area or the maximum amount allowed by construction code shall be devoted to transparent windows or doorway areas.
4. All transparent glazing areas on door panels count toward this requirement, but door panels themselves do not count towards this requirement.
5. For the first floor facade measured from grade to the ceiling height of that first floor of buildings on commercial rows and for commercial spaces, the minimum required area of wall devoted to transparent windows or doorway areas is forty-five (45%) percent. Additionally, any security gates, grills, or roll-down barricades shall have a minimum transparency of seventy-five (75%) percent.
f. Yard Impervious Area for Lots with Five Thousand (5,000) or Less Square Feet and/or Fifty (50) Feet or Less of Width.
1. Maximum of fifty-five (55%) percent of front yard lot area.
2. Only one (1) driveway area shall be permitted in the front yard.
3. At side yards, a paved walkway is only permitted along one (1) side of a dwelling.
g. Lot Size. For new lots created by subdivision for freestanding structures, the width of the lot shall not be less than thirty-five (35) feet and the total lot area shall not be less than three thousand five hundred (3,500) square feet. Lots for townhouses must be at least twenty (20) feet wide.
(R.O. 1966 C.S. §27:3-35; Ord. 6 S+FD, 3-7-90; Ord. 6 S+FB, 10-5-94 §3; Ord. 6 S+FB, 12-20-00 §1; Ord. 6 S+FB, 12-22-04 §1; Ord. 6 S+FA, 6-4-08 §1)
