VILLAGE OF RIDGEWOOD ORDINANCE NO. 3491

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1 VILLAGE OF RIDGEWOOD ORDINANCE NO AN ORDINANCE OF THE VILLAGE OF RIDGEWOOD CHANGING THE ZONE CLASSIFICATION OF CERTAIN PROPERTIES FROM THE C ZONE DISTRICT TO A NEW C-R ZONE DISTRICT AND ADOPTING REGULATIONS FOR THE NEW C-R ZONE DISTRICT WHEREAS, the Village of Ridgewood Planning Board has adopted an amendment to the land use element of the master plan on June 2, 2015, with the decision memorialized on June 16, 2015, which amendment recommends the creation of a new C-R zone district from a portion of the existing C zone district; and WHEREAS, the aforesaid amendment of the land use element set forth various public purposes that would be promoted by the amendment, including: 1) meeting the housing needs of various households, such as but not limited to empty nesters, young couples and low- and moderate-income households, 2) promoting mass transit usage and pedestrian activity, and 3) supporting the central business district commercial uses; and WHEREAS, the Village Planning Board is currently preparing an amended housing element of the master plan in response to a Supreme Court decision mandating such amendment; NOW, THEREFORE, BE IT ORDAINED by the Village Council of the Village of Ridgewood that Chapter 190, Land Use and Development, of the Code of the Village of Ridgewood is hereby amended as follows: Section 1. Subsection A in Section , Zoning districts and historic sites enumerated, in Article X, Zoning, is hereby amended by adding and inserting the C-R Commercial Residential Zone District to the list of zone districts. Section 2. The zoning map referenced in Section , Zoning Map, in Article X, Zoning, is hereby amended to change the zone classification of Block 2005, Lot 3 from the C zone district to the C-R zone district. Section 3. Article X, Zoning, is hereby amended by adding and inserting a new Section , entitled C-R Commercial Residential Zone District, to read as follows: C-R Commercial Residential Zone District A. Intent. The C-R zone district is intended to promote development that supports the commercial development pattern in the central business district. The C-R zone is also intended to accommodate multifamily housing in a location that can address the housing needs and preferences of certain households and which supports the central business district. 1

2 B. Permitted principal uses and structures. The following principal uses and structures shall be permitted in the C-R zone district, subject, however to the use limitations in Subsection C below: (1) Retail sales uses, such as: Paint, glass and wallpaper stores, hardware stores General merchandise stores, such as department stores, variety stores, miscellaneous general merchandise stores Food stores, such as grocery stores, meat and fish markets, fruit and vegetables markets, candy, nut and confectionery stores, dairy products stores, retail bakeries, miscellaneous food stores Auto and home supply stores Apparel and accessory stores, such as men's, boys, women's and family clothing stores, women's accessory and specialty stores, children's and infants' wear stores, shoe stores and miscellaneous apparel and accessory stores Home furniture, furnishings and equipment stores, such home furniture and furnishings stores, household appliance stores, radio, television and computer stores Miscellaneous retail, such as drug stores and proprietary stores, liquor stores, used merchandise stores, miscellaneous shopping goods stores (2) Eating and drinking places (3) Banks and other similar financial institutions (4) Personal services, such as: Laundry, cleaning and garment services Portrait photographic studios Beauty and barber shops Shoe repair (5) Business services, such as mailing, reproduction, commercial art and photography, and stenographic services (6) Miscellaneous repair services, such as: Electrical repair shops Watch, clock and jewelry repair (7) Amusement and recreation services, such as: Motion picture rental Dance studios, schools and halls Physical fitness facilities (8) Business, administrative and professional offices, providing the following services: Advertising Consumer credit reporting, mercantile reporting, adjustment and collection 2

3 Offices of medical doctors, dentists, osteopathic physicians and other health practitioners Home health care services Legal services Engineering, architectural and surveying services Landscape counseling, planning Accounting, auditing and bookkeeping services Management and public relations services Arrangement of passenger transportation (travel agents, etc.) (9) Child care centers (10) Museums and art galleries (11) Business, professional, labor, civic, social and political associations (12) Municipal buildings and uses (13) Multifamily dwellings, including but not limited to garden apartments and other apartments. (14) Single-family attached residential dwelling units. (15) Mixed use development containing both permitted residential and permitted nonresidential uses. (16) Uses similar to those permitted above. C. Use limitations. The following limitations shall apply to permitted principal uses in the C-R zone district: (1) In order to ensure the provision of affordable housing, on any existing or future lot containing one acre or more of land, at least two thirds of any new floor area to be developed shall be devoted to residential use, and shall include an affordable housing component as set forth in Subsection G below. In any such development, commercial uses shall be limited to the ground floor and/or basement in any new floor area to be constructed in the district. (2) Drive in uses shall be prohibited. (3) Individual commercial uses shall be limited to those which are small in scale, similar and consistent with the existing pedestrian-oriented shops and stores in the central business district, not exceeding a gross floor area of 10,000 square feet for each business establishment. (4) Commercial uses in a mixed-use development shall be limited to those that are compatible, and do not conflict, with multifamily housing. (5) Residential development or mixed-use development shall not be permitted on lots containing less than one acre of land. 3

4 D. Permitted accessory uses and structures. The following accessory uses and structures shall be permitted in the C-R zone district, provided that they are located on the same premises as the principal use or structure to which they are accessory: (1) Surface parking areas, private garages and parking structures. (2) Other accessory uses customarily incidental to the above permitted principal uses. E. Prohibited uses. Any uses other than those permitted by this section are prohibited. F. Development standards. (1) Minimum tract area: one acre (43,560 square feet). (2) Maximum density. For residential or mixed-use developments that contain for-sale affordable units, the maximum permitted density shall be 30 units per acre. For residential or mixed-use developments that contain rental affordable units, the maximum permitted density shall be 35 units per acre. (3) Maximum floor area ratio. (d) For developments that contain for-sale affordable units, the maximum permitted floor area ratio shall be 140% of the lot area. For developments that contain rental affordable units, excluding developments in Paragraph below, the maximum permitted floor area ratio shall be 145% of the lot area. For developments that contain rental affordable units and at least 13% of the affordable units are made affordable to very-low income households, the maximum permitted floor area ratio shall be 150% of the lot area. In mixed-use developments, the maximum permitted floor area ratio of the nonresidential portion shall be one third of the lot area. The maximum floor area for the entire development shall be as provided above. (4) Maximum improvement coverage. For developments that contain for-sale affordable units, the maximum permitted improvement coverage shall be 90% of the lot area. For developments that contain rental affordable units, excluding developments in Paragraph below, the maximum permitted improvement coverage shall be 92.5% of the lot area. 4

5 For developments that contain rental affordable units and at least 13% of the affordable units are made affordable to very-low income households, the maximum permitted improvement coverage shall be 95% of the lot area. (5) Maximum building height: 50 feet, except for limited architectural features designed in conformance with Paragraph (10) below. (6) Minimum front yard: 15 feet. (7) Minimum side yard: no minimum side yard is required, but if a side yard is provided, a minimum yard depth of 12 feet shall apply. (8) Minimum rear yard: no minimum rear yard is required, but if a rear yard is provided, a minimum yard depth of 12 feet shall apply. (9) Minimum setback of principal buildings from any property developed for railroad use: 25 feet. (10) Architectural design. Buildings shall be required to incorporate high quality architectural features that are characteristic of exemplary buildings reflecting the traditional architecture in the central business district. The applicant for any development shall demonstrate such design by providing as part of any site plan review examples of and comparisons with existing high quality buildings in the central business district. Buildings greater than 40 feet in height shall be required to use architectural features such as pitched roofs, varied roof lines, decorative cupolas, pediments, varied parapet heights and similar features designed to provide variety and reduce the visual impact of the building height. In order to accommodate such features, the following exceptions to the height limitation in Paragraph F(5) above shall be permitted: [1] The height of such features shall not exceed the maximum permitted building height by more than eight feet. [2] The horizontal area of such features, including the area enclosed by such features, that exceed the maximum permitted building height shall not exceed 20% of the horizontal area of that portion of the building having a height greater than 40 feet. This limitation shall be cumulative for all such features. (For example, the horizontal area of that portion of a sloped roof or roofs at an elevation greater than the maximum building height could not exceed 4,000 square feet in the case of a building with a horizontal area of 20,000 square feet (20,000 x 0.20 = 4,000)). [3] In the case of linear features for which an area calculation is not possible, such as a parapet wall, rooftop screen, etc., the horizontal length of any 5

6 such features that exceed the maximum permitted building height shall not exceed 20% of the horizontal length of the highest building wall or walls above which the feature is located and toward which such feature faces. This limitation shall be cumulative for all such features. (For example, the length of that portion of a parapet or parapets at an elevation greater than the maximum building height could not exceed 20 feet if located above a wall 100 feet long (100 x 0.20 = 20). (d) Buildings having a gross floor area greater than 40,000 square feet shall be required to use architectural features that provide variety and reduce the visual impact of the building mass, through the use varied facade materials, facade projections and recesses, judicious use of windows and other openings in the facade, and other similar features. If parking or other exterior areas are provided beneath a building, such areas shall be screened by structural elements that are compatible with the materials and design of the front and side building facades. The intent of such screening shall be to mitigate the effects of headlights, minimize the view of parked vehicles and pavement, and to provide for a unified architectural design. (11) Recreational/social amenities. Residential and mixed-use developments shall be required to include both interior and exterior common areas devoted to recreational, social and similar functions for residents and their guests, as set forth below: At least 40 square feet per dwelling unit shall be devoted to interior common areas, such as but not limited to meeting rooms, community centers, fitness centers, indoor recreational areas, lounges, libraries, etc. Areas such as hallways, stairs, elevators, entrance lobbies, storage, mail areas, mechanical space or office space and similar areas shall not count towards meeting this requirement. At least 40 square feet per dwelling unit shall be devoted to exterior common areas, such as but not limited to recreational areas, gardens, courtyards, plazas, decks, patios, etc. Such areas may be located at grade level, on building terraces or on the roof of the building. Lawn or landscaped areas shall not count towards meeting this requirement unless such areas are specifically designed to be part of the aforementioned features. (12) Parking and access regulations. Minimum number of parking spaces. [1] The minimum number of parking spaces for nonresidential use shall be one parking space for each 250 square feet of gross floor area, or fraction thereof. 6

7 [2] The minimum number of parking spaces for residential use shall be as required and permitted by the New Jersey Residential Site Improvement Standards, N.J.A.C. 5: et seq. [3] A shared parking approach shall be permitted in the case of mixed-use development. In such cases, the minimum number of parking spaces shall be determined by the Board at the time of site plan review, depending upon various factors, including but not limited to: a) the parking demand and parking requirements of each of the various uses, as set forth above, b) the timing of the peak parking demand of the various uses, c) the location and layout of the parking in relation to the building entrances to the various uses, and d) the potential for future changes of use which would alter the foregoing factors. Location. [1] All required parking spaces shall be located on the same property as the principal building or buildings. [2] Parking shall be located in the side or rear yards only, and/or beneath the principal building or buildings. [3] Surface parking areas not located beneath the building or in a parking structure, as well as site driveways shall be located at least 5 feet from any side lot line or rear lot line. Other parking and access regulations. Except as provided otherwise by this section, parking areas and driveways shall be required to comply with all applicable requirements of this Chapter or the New Jersey Residential Site Improvement Standards, N.J.A.C. 5: et seq., whichever is applicable. (13) Signs. The regulations for signs in the B-2 zone district shall apply in the C-R zone district. G. Affordable housing requirements. All residential development shall be required to include affordable housing as a component. The following requirements shall apply: (1) Location. It is anticipated that all affordable units required by this Section shall be provided within the C-R zone district; however, the developer may propose and the Planning Board may accept the provision of some or all of the affordable units in another location, subject to: demonstration by the developer of a realistic plan in a known location for the development of an equal or greater number of units by the developer; 7

8 (d) (e) completion of such units within the phasing timeframes required for inclusionary development, unless extended by the Board for good cause shown; conformance with all zoning requirements by the off-site development; determination by the Planning Board that such off-site units are eligible for credit against the Village s statutorily-mandated affordable housing obligation; and execution of an agreement with the developer as a prior condition to the acceptance of any such proposal, unless waived by the Planning Board. (2) Minimum number of affordable units. (d) (e) For developments that contain for-sale affordable units, 20% of the total number of housing units in the development shall be required to be affordable units. For developments that contain rental affordable units, excluding developments in Paragraph below, 15% of the total number of housing units in the development shall be affordable units. For developments that contain rental affordable units and at least 13% of the affordable units are made affordable to very-low income households, 12.5% of the total number of housing units in the development shall be affordable units. In calculating the required number of affordable units, fractions of less than one unit shall be addressed by either of the following, with the option being the developer s: 1) development of an affordable unit by the developer, or 2) making a payment in lieu of the fractional unit by the developer. Any such payment shall be in accordance with the applicable rules of the N.J. Council on Affordable Housing, or other governing law. In no case shall a residential development be permitted without any affordable dwelling units. (3) Occupancy restrictions. Affordable units shall not be designated as age-restricted units, supportive housing units or special needs housing units unless the applicant demonstrates, and the Planning Board finds, that such units are eligible for credit against the Village s statutory affordable housing obligation. (4) The general regulations for inclusionary developments in this Chapter shall apply. Section 4. All Ordinances or parts of Ordinances inconsistent herewith are repealed as to such inconsistencies. Section 5. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion 8

9 shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions thereof. Section 6. This ordinance shall take effect upon passage and publication as provided by law. 9

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