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.
A. The lot shall contain a minimum of four acres measured within 440
feet of the front street property line.
B. The side yards combined must equal 40% of the lot width and no side
yard shall be less than 50 feet.
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.
(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.
[Amended by Ord. No. 8-80]
A. Definitions. For the purpose of this section, the following terms
are defined as follows:
HELIPAD
The improved surface of defined dimensions upon which the
helicopter lands and from which it takes off.
HELISTOP
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.
(6)
The minimum front, side and rear yard requirements for any parcel
with a lot size of 25,000 to 29,999 square feet shall be as follows:
(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. 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.
(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.
(11)
Signage. Signs as permitted in §
600-186 are permitted.
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.