The purpose of the OVL-5 Overlay District is to create a realistic
opportunity for the construction of low- and moderate-income housing
in a suitable portion of the Township of Parsippany-Troy Hills, and
thereby help to address the fair share housing obligation of the Township
of Parsippany-Troy Hills under the New Jersey Fair Housing Act (FHA),
applicable Council on Affordable Housing (COAH) regulations, the settlement
agreement entered into between the Township and Fair Share Housing
Center (FSHC) on April 11, 2019, and the Township's Housing Element
and Fair Share Plan. The OVL-5 Overlay District encourages the development
of low- and moderate-income housing by allowing for a mixed use inclusionary
multifamily residential; however, developers shall also have the option
of developing in accordance with the underlying B-1 Highway Commercial
Zone standards.
The uses set forth below shall be permitted as a development
alternative to the underlying zoned uses allowed by this chapter but
shall not replace the underlying zoning district.
A. Principal uses. The principal permitted uses in the OVL-5 Overlay Zone shall be identical to those uses permitted in the B-1 Highway Commercial Zone as set forth at §
430-85; provided, however, that any developer that elects to develop in accordance with the OVL-5 Overlay Zone standards with multifamily residential uses as set forth herein, shall be required to provide multifamily dwellings as noted herein.
(1)
Residential uses. Multifamily dwellings located at least 150 feet from the lot line of a contiguous lot in the R-3 Residential Zone District (subject to the height limitations as noted in §
430-408.
B. Other principal permitted uses:
(1)
Active and passive recreation and open space areas, such as
parks, plazas, and promenades accessible to the general public, whether
publicly or privately owned.
(2)
Nonresidential uses located on the ground level of multifamily
buildings, permitting any combination of the principal nonresidential
uses listed as follows:
(a)
Civic facilities directly serving the public such as municipal
uses including; offices, community centers, post office, and library;
but excluding facilities such as public works yards, garages, and
treatment plants.
(b)
Retail establishments such as stores, shops, and services, including
academic tutoring and arts instruction.
(c)
Restaurants, cafes, and other eating and drinking establishments.
(e)
Multifamily residential entrances and service spaces, including
leasing offices on ground floor for residential units as permitted.
(f)
Banks and financial institutions, without drive-through features.
(g)
Offices, including general, professional and governmental.
(h)
Indoor health and fitness facilities limited to a maximum square
footage of 5,000 square feet.
(i)
Recreation indoor or outdoor facilities publicly or privately
operated.
(j)
Pet retail stores including grooming. Excluding animal kennels
or animal day or night boarding facilities.
(k)
Dry cleaning and laundry establishments (cleaning and laundry
must be conducted off-site).
(l)
Pharmacies without drive-through features.
C. Accessory uses. The following accessory uses are permitted in the
OVL-5 Overlay District:
(1)
Off-street parking, including surface parking, under-building
parking, and parking garages.
(4)
Buildings for storage of maintenance equipment.
(5)
Private recreation buildings and facilities, including swimming
pools, workout rooms, common areas and the like, intended for use
by residents of the premises.
(6)
Trash and recycling facilities intended for use by residents
of the premises.
(7)
Other accessory uses normally incidental to the principal permitted
use.
Uses prohibited in the OVL-5 Overlay District shall include
the following:
A. Any principal use not specifically permitted herein or permitted
by other applicable law.