A.
Application for a conditional use shall be made to
the Planning Board pursuant to N.J.S.A. 40:55D-67, or to the Board
of Adjustment when permitted under N.J.S.A. 40:55D-76.
B.
Review procedures.
(1)
The Planning Board shall grant or deny the application
within 95 days of submission of a complete application or within such
further time as may be consented to by the applicant. The review by
the Planning Board of a conditional use shall include any required
site plan review, and the ninety-five-day review period shall apply
to the site plan review as well.
(2)
The Board of Adjustment reviewing the application
pursuant to N.J.S.A. 40:55D-76 shall approve or deny the application
within 120 days of submission of a complete application.
(3)
Failure of the Planning Board or Board of Adjustment
to act within the period prescribed shall constitute approval of the
application, and a certificate of the administrative officer as to
the failure of the Board to act shall be issued on request of the
applicant.
[Added 10-20-2021 by Ord. No. 2021-035]
A.
Building
elements. Building elements which are permitted encroachments into
setback requirements include, but are not limited to, overhangs or
porticos, awnings, steps, porches, balconies, bay and box windows,
fireplaces or chimneys, and heating or air-conditioning units provided
that no encroachment is more than half the total distance of the required
setback.
B.
Setback
exemptions. Patios/terraces, fences of any height and structures less
than one foot in height are exempt from setbacks requirements; however,
all structures including fences should be set at least one foot off
of the property line.
C.
Minor
accessory structures. Minor accessory structures are permitted to
encroach into side and rear property setbacks subject to the following
limitations:
(1)
Minor accessory structures may be located within the side yard and
rear yard setbacks provided that a minimum of five feet is maintained
for clear access between the minor accessory structure and any other
structure or property line.
(2)
Minor accessory structures shall be limited to a maximum height of
12 feet.
(3)
Minor accessory structures shall count towards the total accessory
building coverage.
D.
Decks.
(1)
Decks attached to the principal building shall be permitted to encroach
into principal building side and rear yard setbacks provided that
no encroachment is more than half the total distance of the required
setback.
(2)
Decks detached from the principal building shall be permitted to
encroach into accessory building side and rear yard setbacks provided
that no encroachment is more than half the total distance of the required
setback.
(3)
No deck shall cover more than 50% of the rear yard or 50% of either
side yard.
The Planning Board or Board of Adjustment shall
not authorize the issuance of a permit for a conditional use unless
it shall find that such use:
A.
Is a use permitted as a conditional use in the zone
district.
B.
Meets all the required conditions for said zone district,
except where the conditions hereinafter set forth specifically amend
such conditions.
C.
Meets the requirements set forth for the particular
conditional use hereafter described.
A.
Houses of worship shall have a minimum lot area of
three acres with a minimum lot width of 300 feet and minimum lot depth
of 500 feet.
B.
B. Principal structures shall include the house of
worship building and any educational building. Accessory buildings
include any residence for priest, pastor, etc., or nuns, etc., and
any hall, auditorium or any other building complementary to the function
of the institution. Maximum building coverage shall be 8% for principal
buildings and 2% for accessory buildings.
C.
Houses of worship shall provide one parking space
for every five seats. One seat shall be considered 22 inches in calculating
the capacity of pews or benches.
D.
All parking shall be located in the rear or side yard
at a minimum distance of 50 feet from any property line and shall
be screened from view from adjacent properties.
A.
No uses other than educational, community affairs
and related uses shall be permitted on the lot.
B.
Playgrounds shall be placed in the side or rear yards
and be set back a minimum of 50 feet from side and rear lot lines.
C.
The minimum lot size shall be three acres with a minimum
lot width of 250 feet and minimum lot depth of 300 feet.
D.
Maximum building coverage shall be 8% for principal
buildings and 2% for accessory buildings.
A.
The minimum lot size for service stations shall be
one acre, and the minimum frontage shall be 150 feet.
B.
No service station shall be located within 500 feet
of any firehouse, school, playground, house of worship, or hospital.
C.
All appliances, and storage areas, other than fuel
pumps or air pumps, shall be within a building. Fuel pumps and air
pumps shall be permitted within the required front yard space of service
stations, but shall be no closer than 50 feet to any proposed street
line. All lubrication, repair or similar activities shall be performed
in a fully enclosed building, and no dismantled parts shall be displayed
outside of an enclosed building.
D.
A landscaped strip shall be provided along the front
yard 20 feet wide parallel to the street line and 10 feet wide along
the side and rear lines.
E.
A minimum buffer area of 35 feet shall be provided
along any common property line with a residential district or use.
The buffer shall contain a staggered double row of coniferous trees,
at least five feet high off the ground at the time of planting to
act as a screen.
F.
Impervious coverage shall not exceed 35%.
G.
Maximum building coverage for principal and accessory
buildings shall not exceed 10%.
H.
The width at the entrance and exit drives shall be
35 feet.
I.
Canopies over gas pumps may be erected. If they are,
the following conditions shall apply:
J.
The applicant shall provide suitable disposal and/or
recycling plans for engine fluids, antifreezes, oils, car parts, batteries
and tires.
K.
Trash dumpsters shall be on a depressed concrete pad
suitable for containment of fluids.
L.
Service stations shall provide six parking spaces
for the first lift, wheel alignment pit or similar work area, five
additional spaces for a second work area, and an additional three
spaces for each additional work area. Such spaces shall be separated
from the driveway and general apron areas which give access to the
gasoline and air pumps and service areas. No designated parking space
shall obstruct access to such facilities.
A.
The minimum lot size for car washes shall be one acre.
B.
A water recycling plan shall be submitted. Advanced
treatment of liquid, including biodegradable products, and a dual
black water/gray water system is required. Discharge to groundwater
standards as required by the New Jersey Department of Environmental
Protection shall apply.
C.
Runoff from wet cars that exit the car wash shall
be included in the stormwater plan so that all water is contained
on site.
D.
Three access lanes for each mechanized car wash entrance
shall be provided. Each lane must have the capacity for 12 vehicles.
E.
All mechanical activities shall be conducted within
a totally enclosed building.
F.
An escape exit shall be provided for vehicles that
cannot go through the conveyor.
G.
Exit lanes from the car wash shall provide standing
room for four cars per lane at the exit of the car wash.
H.
Front yards must be landscaped.
I.
Twenty-foot landscaped buffers along side and rear
yards are required.
J.
An architectural design which is compatible with the
size, composition, coloration of the surrounding commercial uses is
required.
K.
Car washes shall provide three access lanes for each
mechanized car wash entrance with each lane having a minimum capacity
for 12 vehicles, one separate parking space for each waxing, upholstery
cleaning or similar specialized service area, and one parking space
for every two employees. All vehicle entrances shall be from the rear
of the building, and all parked and waiting vehicles shall be accommodated
on the lot.
A.
Separate entrance and exit driveways must be provided
with one-way on-site circulation.
B.
Stacking for each drive-in window shall accommodate
10 cars on site.
C.
Internal vehicle circulation shall be designed in
a manner to protect pedestrian safety; in particular, all vehicle
circulation must be designed to be at least 15 feet from any door.
D.
The applicant must provide a maintenance agreement
for litter control and landscaping, including garbage receptacles
on site.
E.
A landscaped area of at least 20 feet in width shall
be provided along any property line.
A.
Drive-in windows are permitted only if attached to
a main bank building.
B.
Minimum acreage for a drive-in bank is one acre.
C.
All stacking, parking and circulation shall be on
site.
D.
The stacking capacity for each drive-in window which
must be provided shall be 10 cars for the first window and seven cars
for each additional window.
C.
Front, side or rear yards abutting a lake shall have
no setback requirements for that yard.
D.
Storage buildings or toolsheds as accessory structures
for community buildings/clubhouses.
E.
Parking in connection with community buildings/clubhouses
shall not be located within required setbacks. Said parking area shall
not exceed 10% of the lot area.
F.
Landscaping and screening shall be provided, and building
design shall be of a nature consistent with the character of the neighborhood
in which the use is to be located.
A.
Outdoor boat storage as a principal use.
(1)
Bulk requirements for the outdoor storage of boats
and boat trailers as a principal use in the property shall be the
same as required for principal buildings except that the rear yard
setback shall be 75 feet and the lot depth shall be 200 feet.
(2)
Direct access shall be provided to each stored boat
and boat trailer by means of gravel aisles with a minimum thickness
of four-inch quarry process stone.
(3)
Minimum car parking shall be provided at the ratio
of one per each employee within a workday, plus one space for each
10 boat storage spaces.
(4)
Open stacked storage shall not exceed three tiers.
The total height, including the stored boat in the highest tier, shall
not exceed 21 feet in height at its highest point as measured from
the finished grade elevation at the mean point of the storage row.
(5)
Outdoor storage of boats and trailers shall not be
permitted in the front yard.
(6)
Outdoor storage of trailers shall be screened from
view by fencing, walls, or plantings.
(7)
The minimum buffer shall be 25 feet, except that a
buffer of 75 feet shall be established along a residential use or
zone. This buffer, if wooded, shall remain wooded, and if open, shall
be planted and left undisturbed by development.
(8)
The area for the outdoor storage of trailers shall
be delineated on the site plan and shall be suitably surfaced for
maintenance purposes.
(9)
Any on-site office space utilized in the operation
of boat storage shall be considered part of the principal use for
the outdoor storage of boats and boat trailers.
B.
Outdoor boat storage as an accessory use.
(1)
Outdoor storage of boats and boat trailers as an accessory
use shall comply with the bulk requirements for principal use except
that the rear yard setback shall be 75 feet, and the lot depth shall
be 200 feet. The location for the open boat storage shall be clearly
delineated and shall not exceed either 10% of the total lot area or
the combined maximum building coverage of 25% for all buildings on
the lot, including the proposed boat storage area, whichever is less.
(2)
The minimum buffer shall be 25 feet except that a
buffer of 75 feet shall be established along a residential use or
zone. This buffer, if wooded, shall remain wooded, and if open, left
undisturbed by development.
(3)
Outdoor storage of boats and trailers shall not be
permitted in the front yard.
(4)
Outdoor storage of trailers shall be screened from
view by fencing, walls, or plantings.
(5)
The area for outdoor storage of trailers shall be
delineated on the site plan for review purposes.
A.
Boat storage buildings and boat trailer storage as
a principal use.
(1)
Loading access to any boat storage structure shall
not directly face any perimeter property line, but rather shall face
towards the interior of the lot.
(2)
Trailer storage must be incidental to the boat storage.
(3)
Trailer storage areas must be screened by fencing,
walls, or landscaping.
(4)
Parking must be provided at a ratio of one space per
each employee within a workday plus one space for each 10 boat storage
spaces.
B.
Boat storage buildings and boat trailer storage as
an accessory use.
(2)
The structure shall not exceed 10% of the total lot
area or a combined maximum building coverage of 25% for all buildings
on the lot, including the proposed boat storage building, whichever
is less.
(3)
Loading access to the structure shall not directly
face any perimeter lot line, but rather shall face the interior of
the lot.
[Added 5-1-1996 by Ord. No. 1996-13]
A.
Property shall be located within a center, as delineated
by the West Milford Planning Board.
B.
Property area and setback requirements shall be as
follows:
Criteria
|
Requirement
| |
---|---|---|
Minimum lot area
|
5 acres
| |
Minimum lot width
|
350 feet
| |
Minimum front yard setback and buffer*
|
50 feet
| |
Minimum side yard setback and buffer*
|
50 feet
| |
Maximum floor area ratio (FAR)
|
0.38
|
*NOTE: Driveways and sidewalks may be located
within a designated buffer for purposes of providing access to the
property.
|
C.
Property must have frontage on an approved and improved
Township or county road.
D.
Buildings shall have no more than two stories of living
quarters. The maximum permitted height is 35 feet.
E.
The units may be provided in one or more buildings.
G.
Ancillary uses may include:
(1)
Administrative office space for the operation of the
complex.
(2)
Community rooms only for the use of the residents
of the complex and their guests.
(3)
Kiosks for the safety and shelter of individuals awaiting
public or private transportation services. Said kiosks shall not be
calculated in the floor area ratio (FAR).
(4)
Recreational amenities to serve only the residents
of the complex and their guests.
(7)
Utility and maintenance structures.
(8)
Individual garages.
H.
Minimum off-street parking shall be at 1.25 spaces
per unit.
[Added 12-17-1997 by Ord. No. 1997-21]
[Added 12-17-1997 by Ord. No. 1997-21]
This section shall apply to recreation/entertainment
uses limited to outdoor performing arts centers, ice-skating facilities,
or racquet sports facilities, whether singularly or in combination
on one property.
A.
Applicable zone: R-4 Zone.
B.
Area and bulk requirements:
(1)
Minimum acreage: 60 acres.
(2)
Minimum frontage: 300 feet of frontage on a state
or county road.
(3)
Minimum buffers: two-hundred-foot buffers around the
perimeter of the property.
(4)
Parking and impervious surface. Sufficient paved parking
shall be provided in the amount determined by the applicant and agreed
to by the Planning Board; however, total impervious coverage shall
not exceed 35% of the total lot area.
(5)
Minimum parking shall be provided as follows:
(a)
Outdoor performing arts centers: one space per
four seats.
(b)
Ice-skating facilities: one space per 250 square
feet.
(c)
Courts: two per court plus three per 1,000 square
feet of gross floor area not devoted to a court.
(d)
Shared uses. The applicant may provide parking
for the facilities permitted by this section by utilizing a shared
parking scheme, upon the showing to the Board of said parking scheme's
viability.
(6)
For unpaved parking, an area of 310 square feet per
vehicle shall be utilized to determine sufficient parking and driveway
area.
C.
Accessory sanitary service facilities shall be permitted.
[Added 12-17-1997 by Ord. No. 1997-21]
[Added 12-17-1997 by Ord. No. 1997-21]
A.
Applicable zone: R-4 Zone.
C.
D.
One caretaker's home may be located on-site.
E.
It shall be demonstrated that the campground property
has access to a trail as identified on the Township of West Milford
Trails Map or is adjacent to public open space.
G.
Access and circulation.
(1)
The access drive to the registration office or indoor
recreation building, whichever would be reached first, shall not be
greater than 750 feet in length and shall be improved to adequately
provide access for emergency vehicles.
(2)
An internal loop system shall be provided, such that
it begins and ends from the access drive.
H.
The facility shall be closed and all camper units
and camping vehicles shall be removed between January 15 and March
15 of the same calendar year.
[Added 12-17-1997 by Ord. No. 1997-21]
A.
Applicable zones: R-3 and R-4 Zones.
C.
No goods shall be sold in connection with any theater
except refreshments and such incidentals as are customarily sold during
theatrical performances. No such goods shall be offered for sale except
during the time that the theater is open for performances.
[Added 12-17-1997 by Ord. No. 1997-21]
A.
Applicable zones: R-3 and R-4 Zones.
C.
Access and circulation. The access drive to the dropoff
area shall not be greater than 750 feet in length and shall be improved
to adequately provide access for emergency vehicles.[1]
[1]
Editor's Note: Former Section 18-10.24, Wireless
telecommunications facilities, added 7-1-1998 by Ord. No. 1998-12,
which previously followed this section, was repealed 12-11-2003 by
Ord. No. 2003-51.