§ 276-15.1. R-1.5 Single-Family Residential.

A. 

Purpose statement.

(1) 

Consistent with the City's policy to provide for a range of housing types as expressed in the 2010 Comprehensive Master Plan referenced and incorporated herein, the purpose of the R-1.5 Zoning District is to permit accessory apartments as a conditional use in areas located between the City's traditional R-1 Zone and its more-intense commercial districts, thereby providing a transition between R-1 and commercial land uses while simultaneously providing for more-affordable housing in the City.

(2) 

The R-1.5 Zoning District contains multifamily development in the form of relatively older apartment buildings and relatively new townhomes. It is not the intention of this section to remove, render illegal or otherwise negatively impact these existing uses. However, consistent with the underlying public policy goals embodied in the Master Plan, it is the intention not to permit the creation of additional such uses/structures in this section of the City.

(3) 

The zone boundary lines for the R-1.5 Zoning District shall follow the current parcel/property boundary geometry to avoid bifurcating properties between zoning districts.

B. 

Principal permitted uses (as defined in § 276-7, Definitions and word usage) on the land and in buildings:

(1) 

Detached single-family dwelling units.

(2) 

Attached garages to be considered part of the principal structure and not an accessory structure. Attached garages to the principal structure shall require the front of the garage to be set back a minimum of 20 feet from the property line.

(3) 

Public playgrounds, public conservation areas, public parks, public open space and public purpose uses, all subject to site plan approval by the Planning Board.

(4) 

Traditional public, private and parochial schools, serving grades pre-K-12, under the authority of the New Jersey Department of Education, and subject to site plan approval by the Planning Board.

(5) 

Public utilities' central substations (see § 276-7 for definition), subject to the following:

(a) 

The proposed installation in a specific location must be necessary for the satisfactory provision of service by the utility to the neighborhood or area in which the particular use is located.

(b) 

The design of any structure in connection with such facility must not adversely affect the safe, comfortable enjoyment of property rights in the surrounding area.

(c) 

Adequate fencing and other safety devices shall be provided and shall be installed in accordance with the applicable requirements of the New Jersey Board of Public Utilities and/or other applicable codes. Barbed-wire-topped fences or similar trespassing-deterrent devices are expressly discouraged.

(d) 

Site landscaping shall be provided in sufficient quantity and placement in order to create a visual buffer from all public rights-of-way or adjacent properties.

(e) 

Off-street parking shall be provided as determined by the needs of the facility.

(6) 

Places of worship which consist of commonly known, recognized and long-established sects or denominations.

(7) 

Community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill and community residences for persons with head injuries, and all other entities which may in the future be set forth in N.J.S.A. 40:55D-66.1 and N.J.S.A. 40:55D-66.2; and the requirements for all of those residences shall be the same as for single-family residences within this zone.

C. 

Conditional uses permitted:

(1) 

Accessory apartments, as conditional uses, and the requirements for all of those residences shall be the same as for single-family residences within this zone. Accessory apartments can be developed as an optional development scheme and are subject to the following:

(a) 

Conditional accessory apartments that are not located within a single-family detached dwelling unit are prohibited.

(b) 

Studio apartments are prohibited.

(c) 

Conditional accessory apartments in the R-1.5 Zoning District shall be limited to one such accessory apartment per the lesser of one lot or one single-family detached dwelling unit.

(d) 

Conditional accessory apartments shall be no larger than 40% of the net habitable floor area of the single-family detached dwelling unit in which they are located and shall contain no less than the minimum net habitable floor area as required by the City's Affordable Housing Ordinance, regardless of whether or not the conditional accessory apartment is to be created under the City's Affordable Housing Ordinance, as applicable.

(e) 

Any increase in the number of bedrooms on the lot in question caused by the addition of a conditional accessory apartment to an existing single-family detached dwelling shall require compliance with the parking requirements of the RSIS (N.J.S.A. 5:21-1 et seq.).

(f) 

Entrances to conditional accessory apartments shall be limited to the front or side elevations of the single-family detached dwelling unit in which they are located. If located on a side elevation, such entrance shall be situated within the front 1/3 of the structure.

(g) 

All conditional accessory apartments shall comply with the Americans with Disabilities Act (ADA) and the accessibility and adaptability requirements of N.J.A.C. 5:94-3.14.

Editor's Note: N.J.A.C. 5:94-1.1 et seq. expired 9-11-2016.

(2) 

Bed-and-breakfast establishments, as conditional.

(3) 

Two-family dwellings, as defined in § 276-7, provided that they are designed so as to appear as though they were a detached single-family dwelling, as defined in § 276-7, and provided further that they comply with the bulk requirements for duplexes in the R-2 Zoning District.

D. 

Accessory uses permitted:

(1) 

Private residential swimming pools (see § 276-42, Swimming pools, for standards) and other usual recreational facilities customarily associated with residential dwelling units, on the same lot/parcel.

(2) 

Private residential sheds for the storage of objects by the residents of the property, on the same lot/parcel, each not exceeding 15 feet in height from the grade/ground elevation, and altogether not exceeding 150 square feet in gross floor area. All residential sheds must be anchored in accordance with § 276-51B(6)(a) to prevent flotation, collapse, or lateral movement of the structure. Private residential sheds may not encroach into the front yard required for the residential use in the zoning district in which it is located.

(3) 

Public utility cabinet(s) not exceeding three feet in height, with adequate landscaping screening as necessary, and not located in sight triangle easements at street corner intersections. It is recommended that public utility cabinet(s) be located underground in watertight vaults.

(4) 

Public utility lines for the transportation, distribution, or control of water, electricity, gas, oil, steam, CATV and telephone communications, and their supporting members, other than buildings or structures, shall not be required to be located on a lot, nor shall this section be interpreted as to prohibit the use of a property in any zone for the above uses. All public utility lines shall be located in the utility strip if paralleling the street and shall be installed underground as practical as possible.

(5) 

Off-street parking and private residential garages (see § 276-15.1F hereinbelow and § 276-35, Off-street parking, loading areas and driveways). Detached residential garages to the principal structure shall require the front of the garage to be set back a minimum of 20 feet from the front facade of the principal structure, not exceeding 15 feet in height, and altogether not exceeding 400 square feet in gross floor area, on the same lot/parcel.

(6) 

Handicapped access to residences. A ramp to provide handicapped access to single-family detached dwellings, twin or two-family dwelling units, duplexes and semidetached dwelling units may encroach into the front, side or rear yard required for the residential use in the zoning district in which it is located, provided:

(a) 

The intrusion shall be into the front yard only if it is impossible to provide handicapped access to the side or rear of the residential premises.

(b) 

A handicapped person resides or will reside in the dwelling.

(c) 

The intrusion into the front, side or rear yard shall not be allowed any closer than five feet to the applicable property line.

(d) 

The applicant for handicapped access ramp approval shall demonstrate to the Zoning Officer that there is no other way than that proposed to construct a handicapped ramp so as not to protrude into the front, side or rear yard.

(e) 

The ramp shall be constructed so as to comply with all applicable construction standards as to size, slope and other details.

(f) 

The foregoing approval shall only be permitted in conjunction with residential housing defined herein as single-family detached, twin or two-family, duplex, or semidetached. No such approval shall be granted in connection with any other type of housing, and no such approval shall be granted in any case with regard to commercially used property.

(g) 

A certification from the Zoning Officer shall be required indicating compliance with all the aforesaid requirements before a construction permit may be issued for the proposed ramp.

(7) 

Fences and walls (see § 276-30, Fences, walls and sight triangles).

(8) 

Air-conditioning/HVAC compressor units and emergency electrical generators are not permitted in the front yard of any principal structure and/or lot. Air-conditioning/HVAC compressor units and emergency electrical generators are not permitted in the front 50% of a side yard; and as to any such equipment that is located in a side yard, it shall be screened so as to not be visible from any street or adjoining property when viewed from ground level. Temporary (i.e., removable) window air-conditioning units and temporary ductless air-conditioning/HVAC compressor units that do not project more than one foot beyond the existing structure are permitted when incorporated into an existing building by way of renovation. Replacement of in-kind units, without any increase in footprint size, located in the setback area prior to the adoption of this section are exempt to this regulation.

(9) 

Home occupations (see § 276-7 for definitions and requirements).

(10) 

Signs (see § 276-15.1H hereinbelow and § 276-40 (requirements for signs).

(11) 

Satellite dish antennas. All satellite dish antennas shall be no larger than four feet in diameter, located on the principal structure or as an accessory structure meeting accessory structure yard requirements stated below, and located in the rear yard. For all practical purposes, satellite dish antennas shall not be seen from the front facade of the building or the public street and/or right-of-way.

(12) 

Solar energy systems (see Article XII).

E. 

Maximum building height.

(1) 

No building height shall exceed 36 feet in height from the base flood elevation (BFE) or three stories, whichever is less, except the following structures may be erected above the heights prescribed by this section, but in no case shall the height of any of these appurtenances exceed a height equal to 10% more than the maximum height permitted for the particular use at issue:

(a) 

Mechanical rooms and other roof structures for the housing of stairways, tanks, ventilating fans, HVAC equipment or similar equipment, including elevator equipment rooms, required to operate and maintain the building.

(b) 

Skylights, spires, cupolas, flagpoles, chimneys or similar structures.

(2) 

Cellular telephone antennas and/or associated equipment are expressly excluded from this provision.

(3) 

All development on undersized lots shall have a reduced maximum building height in accordance with the schedules set forth in § 276-34B(9).

F. 

Area and yard requirements.

[Amended 4-7-2020 by Ord. No. 1796]

Requirement
Category		Detached Single-Family Dwellings	Places of Worship
Principal building, minimum
	Lot area	4,000 square feet	12,000 square feet
	Lot frontage	40 feet	120 feet
	Lot width	40 feet	120 feet
	Lot depth	100 feet	100 feet
	Side yard (each)	16 feet total; 6 feet minimum	20 feet
	Front yard	10 feet	20 feet
	Rear yard	10 feet	30 feet
Maximum building coverage (all buildings)		60%	50%
Maximum lot (impervious) coverage		80%	60%
Accessory building, minimum
	Distance to side line	4 feet	20 feet
	Distance to rear line	4 feet	20 feet
	Distance to other building	8 feet	20 feet

NOTES:
	For renovations and/or additions to existing structures only, existing stairs and porches may be replaced with identical stairs and porches regardless of the setback requirements of the district in which the subject property is located. For new construction/reconstruction of open porches, stairs and/or steps, they must meet applicable zoning requirements and shall require a zoning and/or construction permit, where required, as applicable in order to permit construction in this regard.
	Eaves, cornices or overhangs more than 10 feet above lot grade may project into yard setback areas a maximum of 24 inches. In order to create an aesthetically pleasing building facade along the side of a building which fronts a street, bay windows or other architectural detailing more than 10 feet above lot grade may extend into the front yard setback a maximum of 24 inches.
	For existing detached single-family dwelling units which were constructed prior to 1986 and for structures containing two units, both of which are single-family dwelling units (i.e., residential duplexes) which were constructed prior to 1986, new open porches, open above-ground decks, stairs, stair landings and/or steps providing access to the first floor of the structure shall be permitted to extend into the front yard setback area, but if so extended, a minimum distance of 5 feet to all property lines shall be maintained.

G. 

Minimum off-street parking. Each individual use shall provide parking spaces according to the following minimum provisions:

(1) 

Detached single-family dwelling units shall provide parking spaces in accordance with the standards established by the New Jersey Residential Site Improvement Standards (RSIS) (N.J.S.A. 5:21-1 et seq.). RSIS standards include parking requirements for residential uses based on unit (bedroom) size. If the applicant does not specify the number of bedrooms per dwelling unit, then each dwelling unit shall be subject to the RSIS parking space requirements for a four-bedroom dwelling unit.

(2) 

Churches shall provide one space per every three permanent seats. (One seat shall be considered 22 inches in calculating the capacity of pews or benches.)

(3) 

Stacked parking, where motor vehicles are parked one in front of the other and require, when fully utilized, the moving of one vehicle to allow the removal of another, is prohibited, except in the instance of residential units where two spaces are provided for a particular dwelling unit. Stacked parking is not permitted within an enclosed garage where vehicles must exit the site by backing out into the street. A car may be stacked in front of the garage if there is a minimum of 20 feet from the garage to the property line.

(4) 

See § 276-35 (Off-street parking, loading areas and driveways) for additional standards.

H. 

Signs.

(1) 

Residential dwelling units: only information and direction signs as defined in § 276-40A(5)(requirements for signs).

(2) 

Churches and schools: one freestanding sign not exceeding 15 square feet in area, 10 feet in height and set back at least five feet from all street and property lines, plus one attached sign not exceeding 25 square feet.

(3) 

See § 276-40 (requirements for signs) for additional standards.