A.
Certain uses which are now or may be established with the Township
by their nature, require the imposition of special conditions to assure
that they may be established or enlarged within the purposes and intent
of this article.
B.
Accordingly, the following conditional uses are permitted in the
zones designated pursuant to Section 54, Chapter 291, P.L. of New
Jersey 1975.[1] Before a building permit is issued, however, the Planning Board shall ascertain that such proposed conditional uses can be granted without substantial detriment to the public good and will not substantially impair the intent and purpose of the Zone Plan and this Part 4, Zoning, that all special conditions as hereinafter set forth have been met and that all other terms and conditions of this article and all applicable Township ordinances have been met.
[1]
Editor's Note: See N.J.S.A. 40:55D-67.
C.
The Planning Board shall grant or deny an application for a conditional
use within 95 days of submission of a complete application by developer
to the Planning Board or, within such further time as may be consented
to by the applicant.
D.
The review by the Planning Board of a conditional use shall include the required site plan review pursuant to Part 2 of this chapter. The time period for action by the Planning Board on conditional uses pursuant to this article shall apply to such site plan review. Failure of the Planning Board to act within the period prescribed shall constitute approval of the application and a certificate of the Planning Board Secretary as to the failure of the Planning Board to act shall be issued on request of the applicant, and it shall be sufficient in lieu of written endorsement or other evidence of approval, herein required, and shall be so accepted by the Building Inspector for the purposes of issuing a building permit.
E.
Whenever review or approval of the application by the Morris County
Planning Board is required by N.J.S.A. 40:27-6.6, the Planning Board
shall condition any approval that it grants upon timely receipt of
a favorable report on the application by the Morris County Planning
Board or approval by the Morris County Planning Board by its failure
to report thereon within the required time period.
Institutional uses are permitted as conditional uses in this
article in all zones except the I-1 and I-2 Industrial Zones, provided
that necessary public utility uses are permitted as conditional uses
in these industrial zones. However, before a building permit is issued,
the Planning Board shall ascertain that such proposed use is reasonably
necessary for the convenience of the community and will not be detrimental
to the health, safety or general welfare of the community or of the
surrounding properties and further provided that a plot plan of the
intended site shall be approved by the Planning Board prior to the
issuance of the building or occupancy permit. Any institutional use
permitted by the Planning Board shall meet the following minimum requirements
in addition to all other provisions of the article.
Nonresidential parking areas are permitted as a conditional use in residential zones as set forth in § 600-178.
Off-street parking facilities are permitted as a conditional principal use in any business zone provided the provisions of § 600-179 are complied with.
[Amended by Ord. No. 32-01]
A public garage or service station, while necessary, may be
detrimental to the public safety and welfare if located without due
consideration of conditions and surroundings. No permit for such use
shall be issued for the B-1 Zone or for any residential district.
In all other zone districts, a special permit authorizing such use
must be obtained from the Planning Board as hereinafter provided.
A.
Application for permit. Any person desiring to use any premises,
or to erect, construct or alter any new or existing building or structure
arranged, intended or designed to be used as a public garage or service
station shall make application, in writing, to the Planning Board
by filing the same with the Secretary of the Board. Such application
shall set forth the following information and shall be accompanied
by such papers or documents which shall contain the following:
(1)
The required site plan shall show the location of the premises
and of the building thereon, or to be erected or constructed thereon;
the street entrances and exits or driveways; and the precise location
of the tanks, pumps, lifts and other appurtenances.
(2)
The width of the street or streets upon which the premises abut.
(3)
The location, type or kind of structure and present use, if
known, of all buildings within 200 feet of the boundary lines of the
premises.
(4)
Where the applicant is a person other than the owner of the
premises, the written consent of such owner or owners authorizing
the filing of the application.
B.
Hearing by Planning Board. Upon the filing of such application, the Planning Board shall fix a date and place for a public hearing to be held on such application. If after considering the evidence submitted at such hearing, the location and physical characteristics of the premises, building or structure intended to be used as a public garage or service station, and other hazards, existing conditions and surroundings, the Planning Board shall find that such proposed use will not be detrimental to the health, safety and general welfare of the community, and is reasonably necessary for the convenience of the community, it shall grant the application, and shall make and enter its order directing the Building Inspector to issue a permit in accordance with the application. Notice of the public hearing shall be published and served as set forth in Part 1 of this chapter.
C.
Requirements. Anything in this article to the contrary notwithstanding,
the Planning Board shall not order, direct or authorize the issuance
of a permit to use any building, structure or premises as or for a
public garage or service station unless the plot plan shows that:
(1)
The lot or parcel of land so to be used has a street frontage
of at least 150 feet and an average depth of at least 150 feet.
(2)
The walls of the building or structure are set back at least
25 feet from adjoining nonresidential property line, 60 feet from
an adjoining residential property line, 60 feet from the front street
line and 60 feet from the side street line in the case of corner lots.
(3)
The entrance and exit driveway or driveways are at least 24
feet wide but not more than 30 feet wide and 10 feet from the adjoining
property line and at least 40 feet from the corner of intersecting
public streets.
(4)
Every gasoline or oil tank, pump, lift, filling, greasing or
other device, appliance or apparatus is located at least 35 feet from
any street line and at least 25 feet from the side and rear lines
of adjoining nonresidential property and 60 feet from adjoining residential
property.
(5)
Floor drains shall not be connected to the sanitary sewer system
and provision shall be made for oil disposal.
(6)
The nearest boundary line of the lot or parcel of land so to
be used is at least 1,500 feet measured in a straight line from any
boundary line of property which is used as, or upon which is erected:
(a)
A public or private school or playground.
(b)
A church or other place of worship.
(c)
A hospital.
(d)
A public library, public art museum, civic center or other public
building.
(e)
A theater or other building or structure used or intended to
be used for motion picture, theatrical or operatic productions, or
for public entertainment.
(f)
A firehouse or fire station.
(g)
An existing public garage or service station.
D.
Purpose. The purpose of this section is to set forth a complete comprehensive
and orderly procedure for obtaining from the Planning Board permits
for the use of lands and premises as public garages and service stations,
as a conditional use.[1]
[1]
Editor's Note: Former Section 19-5.1005, Senior citizen housing, which previously followed this section, was repealed by Ord. No. 30-01. For current provisions, see § 600-199, Planned age-restricted community; Art. XXXIII, ASCH Affordable Senior Citizen Housing District; and Art. XLIX, PARC Planned Age-Restricted Community District.
A.
Building permits and temporary certificates of occupancy for nonconforming
uses incidental to construction projects on the same premises and
including such uses as storage of building supplies and machinery
and the assembly of building materials may be authorized by the Planning
Board after a public hearing. In addition, the Planning Board, after
public hearing, may authorize a temporary certificate of occupancy
for one dwelling house to be temporarily used as a sales and management
office for the sale of those homes within a subdivision development
provided all of the following requirements are complied with:
(1)
The house to be used as such office is built upon a lot approved
as part of the subdivision development that has been approved by the
Planning Board.
(2)
No business other than that accessory to the management and
sales of the land owned by one applicant shall be permitted. The temporary
permit shall expire after the last house in the subdivision development
in which the building is located is sold.
(3)
The dwelling shall meet all other zoning restrictions of the
zone in which it is located and all other provisions of this article.
B.
A temporary certificate of occupancy issued under this section shall
be for no longer than a one-year period. Under unusual circumstances,
such permit may be renewed for a maximum of 12 additional months by
the Planning Board after a public hearing. The issuance of any temporary
permits shall be conditioned upon the signed agreement by the applicant
to remove any temporary structure or use within 10 days of the expiration
of the temporary permit.
[Amended by Ord. No. 8-80]
A.
HELIPAD
HELISTOP
Definitions. For the purpose of this section, the following terms
are defined as follows:
The improved surface of defined dimensions upon which the
helicopter lands and from which it takes off.
An area of defined dimensions with appropriate improvements
designed and used for the landing and takeoff of helicopters for the
purpose of picking up or discharging passengers or cargo for a specific
entity. It shall include the area used for storage of the aircraft,
fuel service, maintenance or overhaul.
B.
Notwithstanding any other provisions of this chapter, a private helistop
may be permitted as a conditional use in the I-2 Zone, subject to
a determination by the Planning Board that it is in compliance with
this section.
C.
Prior to approval, an application and site plan shall be submitted to the Planning Board pursuant to Part 2. They shall also contain such additional information as may be reasonably necessary for the Planning Board to make a determination that the conditions set forth in this section have been met. Said application and site plan shall include the following:
(1)
Approach and departure paths.
(2)
Obstructions together with distances to and heights of such
obstructions.
(3)
A statement setting forth the type of helicopters to be used
and the frequency and hours of operation proposed.
(4)
Documentation that will demonstrate that all reasonable measures
shall be taken to minimize the noise level of crafts using the facilities,
but, in no event, shall such noise level exceed 80 decibels at a point
250 feet from the center of the helistop.
D.
It shall be determined by the Planning Board that the particular
helistop is reasonably necessary and its operation will not adversely
affect the character of the neighborhood in a substantial way.
E.
The landing and takeoff area shall be at least 1 1/2 times in
both length and width, but not less than 75 feet by 75 feet, the length
of the helicopter which the helistop is intended to serve and shall
be located at least 700 feet from the nearest Residential Zone boundary,
as well as 700 feet from any other helipad.
F.
The landing and takeoff area shall be suitably paved to accommodate
the load factor determined by the weight of the helicopter which the
helistop is intended to serve, as determined by the Township Engineer.
G.
The area surrounding the landing and takeoff area shall be suitably
stabilized so as to be dust-proof.
H.
Provision shall be made for adequate storm drainage so that surface
water is drained away from the landing and takeoff area and, such
drainage shall not adversely affect adjoining properties.
I.
Provision shall be made for a chain-link or other suitable type of
fence not less than three feet in height around the periphery of the
landing and takeoff area to keep unauthorized persons out of this
area and it shall be so identified with signs.
J.
Provision shall be made for at least two approach and departure paths
separated by an area of at least 90°. Such approach and departure
paths shall be so located as to provide maximum safety for the aircraft
using the facility, and to minimize the impact on surrounding development.
Under normal operations these paths shall be adhered to and only when
the safety of the aircraft will be compromised shall there be any
deviation from the approved approach and departure paths.
K.
Provision shall be made for lighting conforming to design guides,
if any, established by the Federal Aviation Administration.
L.
Suitable landscaping for the helistop based upon relation to adjoining
streets, residence districts and surrounding buildings, if any, may
be required by the Planning Board.
M.
When appropriate off-street parking may be required, the amount of
off-street parking shall be determined by the Planning Board based
upon the proposed operation.
N.
The Planning Board may impose conditions on approval of the application
with regard to the scope of operations, including regulation of the
hours of operation of the facility and of aircraft using same.
O.
Any change in the scope of operations or changes to the site plan
as originally approved shall require prior approval of the Planning
Board.
P.
Without limitation of the foregoing, and as a minimal requirement,
the helistop shall in all respects conform to all design guides or
construction and locations standards, if any, established by the New
Jersey State Agency regulating such use or by the Federal Aviation
Administration.
Q.
The size of helicopter shall be limited to 6,000 pounds gross, including
passengers and gasoline.
R.
The helipad shall be located a minimum of 60 feet from any existing
or proposed building.
S.
All conditions of approval imposed by the Planning Board on the applicant
shall be recommended by the Board to the New Jersey State Agency regulating
helistop operations for inclusion of those conditions on any license
issued by said agency for the operation of a helistop at the site.
T.
Nothing contained herein shall be construed as allowing the landing
and take off of transient craft except in the case of emergencies.
[Added by Ord. No. 16-87]
A.
The Affordable Housing Lot Modification AHLM procedure is permitted
as a conditional use in the R-1 Zone only and is specifically limited
in application to Lot 3, Block 10001, in order to permit a reduction
in lot size provided that the standards established herein are complied
with.
B.
The AHLM procedure will permit the subdivision of Lot 3, Block 10001,
into no more than 50 residential building lots exclusive of one or
more lots that may be required exclusively for on-site drainage retention
or detention.
C.
Utilization of the AHLM procedure shall be consistent with the terms
and conditions of a settlement agreement with addendum between Denville
Township and Affordable Living Limited Partnership dated May 5, 1987.
D.
Permitted and accessory uses utilizing the AHLM procedure shall be
the same as those established for the R-1 Residence District.
E.
The AHLM procedure will permit the development of Lot 3, Block 10001, into the maximum specified number of lots identified in Subsection B in compliance with the following area, yard and bulk requirements:
(1)
The minimum lot size for any parcel shall be 25,000 square feet,
except that the median lot size for all parcels within the subdivision
shall be 30,000 square feet.
(2)
The minimum lot width of any parcel with a lot size of 30,000
square feet or greater shall be 135 feet measured along a line 100
feet from the front property line provided that on the turnaround
portion of a cul-de-sac or the outside curve of curved streets, each
lot shall have frontage along the front street property line of not
less than 70 feet.
(3)
The minimum lot width of any parcel with a lot size of 25,000
to 29,999 square feet shall be 125 feet measured along a line 100
feet from the front property line provided that on the turnaround
portion of a cul-de-sac or the outside curve of curved streets, each
lot shall have frontage along the front street property line of not
less than 70 feet.
(4)
The maximum building height for all principal structures shall
be as required in the R-1 Residence District.
(5)
The minimum front, side and rear yard requirements for any parcel
with a minimum lot size of 30,000 square feet or greater shall be
as established in the R-1 Residence District.
(7)
A minimum of two off-street parking spaces shall be required
for each dwelling unit.
(8)
There shall be no minimum floor area requirement utilizing the
AHLM procedure.
F.
The provisions of this section are interpreted to be the minimum
requirements for the promotion of the health, safety, morals and general
welfare. Except to the extent herein provided, this section is not
intended to interfere with, abrogate, repeal or annul other rules,
regulations or ordinances; provided, however, that where this section
imposes greater restrictions upon the use of buildings or premises,
or upon the height or bulk of a building, or requires larger open
spaces, the provisions of this section shall apply.
[Added by Ord. No. 3-99]
A.
Locational priority. If needed in accordance with an overall comprehensive
plan for the provision of full wireless telecommunications service
within the Denville area, wireless telecommunication towers, where
permitted as a conditional use, shall be located in accordance with
the following prioritized locations:
(1)
The first priority location shall be co-location on existing
wireless telecommunications towers (or existing water tanks) or other
appropriate structures, such as high tension towers, provided that
the new installation does not increase the height by more than 10%;
and
(2)
The second priority location shall be on lands or structures
owned by any public entity including the state, county, municipality,
Board of Education, utility authority or public utility; and
(3)
The third priority location shall be such locations as the applicant
proves are essential to provide required service to the Denville area.
B.
Co-location policy.
(1)
An applicant to construct a wireless telecommunications tower
shall present documentary evidence regarding the need for cellular
antennas within the Township of Denville. This information shall identify
the wireless network layout and coverage areas to demonstrate the
need for such equipment within the Township.
(2)
An applicant proposing to erect a new wireless telecommunications
tower shall provide documentary evidence that a legitimate attempt
has been made to locate the antennas on existing buildings or structures
or co-location sites. Such evidence shall include a radio frequency
engineering analysis of the potential suitability of existing buildings
or structures or co-location sites in the search area for such antennas.
Efforts to secure such locations shall be documented through correspondence
between the wireless telecommunications provider and the property
owner(s) of the existing buildings or structures or co-location sites.
The Township reserves the right to engage a professional radio frequency
engineer to review such documentation.
(3)
Applicants proposing to construct new wireless telecommunications
towers shall document the locations of all existing telecommunications
towers within Denville Township and surrounding areas with coverage
in the Township and any changes proposed within the following twelve-month
period including plans for new locations and the discontinuance or
relocation of existing facilities. Applicants shall provide competent
testimony by a radio frequency engineer regarding the suitability
of potential locations in light of the design of the wireless telecommunications
network. Where a suitable location on an existing tower is found to
exist, but an applicant is unable to secure an agreement to co-locate
its equipment on such tower, the applicant shall provide written evidence
of correspondence with the owner of such tower verifying that suitable
space is not available on the existing tower(s). Where an applicant
to construct a new tower is not a wireless service provider, the applicant
shall prove that adequate wireless telecommunications services, sufficient
to meet the requirements of the Telecommunications Act of 1996, cannot
be provided without the proposed tower.
(4)
Site location alternate analysis. Each application shall include
a site location alternative analysis describing the location of other
sites considered, the availability of those sites, the extent to which
other sites do or do not meet the provider's service or engineering
needs and the reason why the subject site was chosen. The analysis
shall address the following issues:
(a)
How the proposed location of the wireless telecommunications
tower relates to the objective of providing full wireless communication
services within the Denville area at the time full service is provided
by the applicant throughout the Denville area.
(b)
How the proposed location of the proposed wireless telecommunications
tower relates to the location of any existing antennas within and
near the Denville area.
(c)
How the proposed location of the proposed wireless telecommunications
tower relates to the anticipated need for additional antennas within
and near the Denville area by the applicant and by other providers
of wireless communication services within the Denville area.
(d)
How the proposed location of the proposed wireless telecommunications
tower relates to the objective of co-locating the antenna of many
different providers of wireless communication services on the same
wireless telecommunications tower; and
(e)
How its plan specifically relates to and is coordinated with
the needs of all other providers of wireless communication services
within the Denville area.
(5)
The Planning Board or Zoning Board, as is appropriate, may retain
technical consultants as it deems necessary to provide assistance
in the review of the site location alternatives analysis. The service
provider shall bear the reasonable costs associated with such consultation.
C.
Height and setbacks. When an applicant to construct a wireless telecommunications
tower demonstrates to the satisfaction of the reviewing agency that
suitable locations on existing buildings or structures either do not
exist or are not available, the applicant may erect a new telecommunications
tower according to the following requirements:
|
Minimum setback of tower and equipment compound from any property
line
|
Same as for principal buildings in the zone, provided that the
minimum setback may be increased where necessary to address safety
concerns
|
|
Maximum tower height
|
Not higher than as demonstrated to be essential according to
a radio frequency analysis and to encourage co-location, when visually
appropriate
|
|
Maximum equipment building height
|
12 feet
|
D.
Distance. Wireless telecommunications towers shall not be erected
within 1,500 feet of any other existing or approved communication
tower, any historic district or any historic site listed or designated
as eligible for listing on the National and/or State Register of Historic
Places.
E.
Antenna modifications, and tower certification. Wireless telecommunication
towers must be constructed to the Electronic Industries Association/Telecommunications
Industries Association (EIA/TIA) Revision F Standard entitled "Structural
Standards for Steel Antenna Towers and Antenna Supporting Structures"
(or equivalent) as it may be updated or amended. Operators of wireless
telecommunications towers shall provide to Denville Township a bi-annual
report from a licensed professional engineer certifying the structural
integrity of the tower, together with all antennas mounted thereon,
and that they meet applicable minimum safety requirements. Such report
shall also be provided whenever antenna arrays are modified, and shall
include a detailed listing of all antennas and equipment so certified.
Vendors shall also be required to notify Denville Township when the
use of such antennas and equipment is discontinued. If the bi-annual
report discloses that the condition of any tower presents an imminent
hazard to the public health, safety and welfare, the Township Engineer
shall order the owner of the tower to take appropriate corrective
action, including, if necessary, the removal of the tower to protect
the public health, safety and welfare. Wireless telecommunication
towers shall be maintained to ensure their continued structural integrity.
The owner of the tower shall also perform such other maintenance of
the structure and of the site as to assure that it does not create
a visual nuisance.
F.
Abandonment and removal. Wireless telecommunications towers and equipment
which are not operated for wireless telecommunications purposes for
a continuous period of six months shall be considered abandoned and
shall be removed by the facility owner at its cost. This removal shall
occur within 90 days of the end of such six-month period. If such
wireless telecommunication tower is not removed within said 90 days,
the municipality may remove such tower at the owner's expense. If
the facility is to be retained, the owner shall provide proof that
the facility will be reused within one year of such discontinuance.
If a facility is not reused within one year, a demolition permit shall
be obtained and the facility removed. Upon removal, the site shall
be cleaned, restored, and revegetated to blend with the existing surrounding
vegetation at time of abandonment. The facility owner shall post a
bond at the time that a construction permit is issued to cover the
costs of tower removal and site restoration. The amount of the bond
shall have taken into consideration cost escalations.
G.
Co-location required. Authorization for the construction for a new
wireless telecommunications tower shall be conditioned on agreement
by the tower owner that other wireless service providers will be permitted
to co-locate on the proposed tower within the limits of structural
and radio frequency engineering requirements and at rates which reflect
the fair market price for such service. As part of the application
for tower approval, the applicant shall document the extent to which
additional equipment could be mounted on the tower and the types of
equipment which could be accommodated. Ordinance limitations on the
number of structures on a lot shall not apply when wireless telecommunication
towers and equipment are located on a lot with buildings or structures
already on it.
H.
Monopole construction. Monopole tower construction shall be utilized
in all cases except where it can be conclusively demonstrated that
a monopole construction is not suitable for a specific location or
application or that a different type pole is necessary for the co-location
of additional antennas on the tower.
I.
Fencing and other safety devices. Wireless telecommunication towers
and equipment buildings and compounds shall be surrounded by a security
feature such as a fence. All towers shall be designed with anticlimbing
devices in order to prevent unauthorized access. Additional safety
devices shall be permitted or required, as needed, and as approved
by the Planning or Zoning Board as may be necessary.
J.
Landscaping. Landscaping shall be provided along the perimeter of the security fence to provide a visual screen or buffer for adjoining private properties and the public right-of-way. Required front yard setbacks shall be landscaped. All equipment buildings and compounds shall be screened in accordance with § 600-173.
K.
Signs. Signs shall not be permitted except for signs displaying owner
contact information, warnings, equipment information, and safety instructions.
Such signs shall not exceed two square feet in area. No commercial
advertising shall be permitted on any wireless telecommunication tower
or equipment building.
L.
Color. Wireless telecommunication towers shall be of a color appropriate to the tower's locational context and to make it as unobtrusive as possible, unless otherwise required by the Federal Aviation Administration (FAA). Wireless telecommunication towers and antennas shall also comply with the provisions of § 600-173.
M.
Activity and access. All equipment shall be designated and automated
to the greatest extent possible in order to reduce the need for on-site
maintenance and thereby to minimize the need for vehicular trips to
and from the site. Access shall be from established site access points
whenever possible. Minimal off-street parking shall be permitted as
needed and as approved by the Planning Board.
N.
Dish antennas. Dish antennas shall be colored, camouflaged or screened
to make them as unobtrusive as possible and in no case shall the diameter
of a dish antenna exceed six feet.
O.
Lighting. No lighting is permitted except as follows:
(1)
Equipment buildings and compounds may have security and safety
lighting at the entrance, provided that the light is attached to the
facility, is focused downward and is on timing devices and/or sensors
so that the light is turned off when not needed for safety or security
purposes; and
(2)
No lighting is permitted on a wireless telecommunication tower
except lighting that specifically is required by the Federal Aviation
Administration (FAA) and any such required lighting shall be focused
and shielded to the greatest extent possible so as not to project
towards adjacent and nearby properties.
P.
Noise. No equipment shall be operated so as to produce noise in excess
of the limits set by the local noise ordinance, except in emergency
situations requiring the use of a backup generator.
Q.
Radio frequency emissions. The FTA gives the FCC sole jurisdiction
of the field of regulation of radio frequency (RF) emission and wireless
telecommunication towers which meet the FCC standards shall not be
conditioned or denied on the basis of RF impacts. Applicants shall
provide current FCC information concerning wireless telecommunication
towers and Radio Frequency emission standards. Applicants for wireless
telecommunication towers shall be required to provide information
on the projected power density of the proposed facility and how this
meets the FCC standards.
[Added by Ord. No. 18-01]
A planned age-restricted community shall only be permitted within
the PARC District and only if all of the following requirements are
complied with:
A.
Minimum tract area. The minimum tract area for the development shall
be 50 acres.
B.
Preservation of off-tract open space. Lots 1 and 10 in Block 40001
as shown on the Township Tax Maps, consisting of approximately 144
acres and including Hollstein Lake, shall be preserved as open space
for passive or active recreational use in perpetuity through the transfer
of ownership, with or without consideration, of the same to the Township
of Denville or another not-for-profit organization established for
the primary purpose of open space preservation, through deed restriction
or through other legal means.
C.
Maximum density. The density shall not exceed 2.2 dwelling units
per gross acre of the tract located in the PARC District, provided
that no more than 140 dwelling units shall be permitted in the district,
regardless of tract acreage. For the purpose of this requirement,
internal streets, roads and rights-of-way shall be included in the
gross tract acreage calculations, and the tract may be bisected by
an existing or proposed municipal street and may consist of two or
more tax lots.
D.
Permitted dwelling unit types. The dwelling unit buildings shall
be limited to duplexes, townhouses, townhouse-duplex combinations,
patio houses, zero lot-line dwellings or any combination of the foregoing.
E.
Permitted accessory uses. Accessory uses shall be limited to the
following:
(1)
Community center for the use of residents of the planned age-restricted
community.
(2)
Recreational facilities and uses, including buildings for recreational
activities, biking paths, walking paths, tennis courts, shuffleboard
courts, exercise facilities, gazebos, swimming pools, picnic areas,
gardens and similar recreational improvements related to the planned
age-restricted community.
(3)
Administration and maintenance buildings.
(4)
Fences, signs, and entry features including gate houses and/or
secured entries.
(5)
Off-street parking.
(6)
Public utilities and essential services.
(7)
Other uses customarily incidental and accessory to planned age-restricted
communities.
F.
Age restrictions for dwelling unit occupancy. Approval of a planned
age-restricted community shall require the placement of restrictive
covenants, in a manner satisfactory to the Planning Board Attorney,
on the deeds to all portions of a tract to insure that occupancy will
be limited to at least one member of the household 55 years of age
or older with no children under 19 years of age in permanent residence,
pursuant to federal Fair Housing Act.
[Added by Ord. No. 16-07]
When permitted in this chapter, bank and financial service uses
located within the I-1 Industrial District shall meet the following
requirements:
A.
Required conditions.
(1)
Height. No building shall exceed a height of two stories, provided
the building is not higher than 30 feet.
(2)
Front yard. There shall be a front yard setback of 75 feet.
(3)
Side yard. Except as modified by corner lot provisions, there
shall be two side yards of not less than 25 feet.
(4)
Rear yard. There shall be a rear yard of at least 75 feet unobstructed
by buildings or other permanent structures, provided a fence may be
permitted.
(5)
Lot area. Each lot shall contain a minimum lot area of at least
two acres (87,120 square feet) and shall have a lot frontage of at
least 300 feet along an arterial roadway as identified within the
Township master plan.
(6)
Maximum floor area ratio. The gross floor area of all floors
of the building shall not exceed 10% of the total lot area. Only one
principal building is permitted.
(7)
Off-street parking as regulated in Article XXVII, Parking and Loading, is permitted in all yards provided no parking area or access drive is closer than 20 feet to any property line, nor five feet to any building, except for drive-through facilities.
(8)
Special boundary line buffer area. Where any bank and/or financial
use located within the I-1 Zone abuts a residential zone boundary
line, buildings shall be set back a minimum of 75 feet and off-street
parking shall be set back a minimum of 50 feet. Access drives shall
be set back a minimum of 25 feet to establish a buffer area as defined
herein. Said buffer area shall be suitably landscaped as approved
by the Planning Board.
(9)
Landscaping. Those portions of all yards that are not used for
off-street parking shall be planted and regularly maintained as approved
by the Planning Board.
(10)
Nuisances. No noise, smoke, fumes, glare, vibrations or odors
shall be emitted from any structure or accessory use of the property.
B.
Prior to the issuance of a building permit for any use within this
zone, the Planning Board shall review and approve a site development
plan of the proposed use and shall ascertain that there has been compliance
with all requirements of this article.
[Added by 4-22-2014 by Ord. No. 6-14]
Hotels and their accessory facilities shall be permitted in compliance with § 600-279 of this chapter.
