[Ord. No. O-25-2018. 7-12-2018, amended 6-10-2021 by Ord. No. O-7-2021; 3-8-2022 by Ord. No. O-5-2022; 8-8-2023 by Ord. No. O-11-2023]
The Town Council finds and determines that the following uses will be undesirable, incompatible with good planning, have a potential adverse effect on the environment and the well-being of the Town, and adversely affect the balanced zone plan and distribution of uses intended by this Part 2, to the extent that continued allowance of such uses would impair the intent and purpose of the zone plan and this section and add potential for traffic congestion, blight and an undesirable visual environment:
c.
Service or gas filling stations.
d.
Parking of commercial vehicles in any residential zoning district, pursuant to Subsection 30-215.2c.
f.
Rooming houses and boardinghouses.
g.
Drive-in or drive-through establishments or facilities.
h.
Slaughtering businesses.
i.
Gun sales and shooting ranges.
j.
Ground floor principal uses that do not meet the definition of an active use, located along a street frontage requiring an active ground floor use pursuant to Article 3C. This restriction shall apply to all component principal uses sharing a ground floor area but shall not apply to parcels located in a zoning district in which active uses are not permitted.
k.
Commercial rooftop decks containing bars, nightclubs, and/or liquor-licensed
restaurants.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
a.
Motor vehicle repairs. Motor vehicle repairs within residential areas
shall be limited to minor repairs and maintenance, such as coolant
and oil changes, headlight and taillight replacement, battery replacement,
tire changes, windshield wiper replacement, and similar minor repairs.
The vehicle must, at all times, be garaged during the repairs or physically
placed or located on an improved surface. For the purposes of this
section, the term "improved surface" shall be defined as any paved,
gravel, concrete, brick or block surface. Motor vehicle repairs or
maintenance of a major character, such as painting, body or frame
work, any repairs requiring the removal of the engine from the vehicle,
or any repairs or maintenance work requiring the use of an automated
commercial hydraulic lift are hereby prohibited.
b.
Motor vehicle for sale.
1.
Residential and nonresidential zones.
(a)
For properties located in a residential zone, no property owner
or occupant shall place or display "for sale" or similar signs on
more than one vehicle at any one time while it is parked on-street
or off-street in the Town of Morristown. Any such vehicle must have
been owned for at least six months prior to the display of such "for
sale" sign by the resident or member of his or her immediate family.
Said vehicle must, at all times while such signs are displayed, be
physically placed or located on an improved surface. For the purposes
of this section, the term "improved surface" shall be defined as any
paved, gravel, concrete, brick or block surface. The sale of motor
vehicles acquired by junk title, i.e., vehicles acquired pursuant
to the provisions of N.J.S.A. 39:10A-3 and N.J.S.A. 39:10A-9, N.J.S.A.
39:10-12, N.J.S.A. 39:10-15 and N.J.S.A. 39:10-16, more than once
in any six-month period is hereby prohibited in any residential zone.
(b)
In nonresidential zones no person shall be permitted to place
or display "for sale" or similar signs on more than one vehicle at
any one time while parked on-street or off-street in the Town of Morristown
unless such vehicle is placed or located on an improved surface. Such
signs may be placed or displayed on such vehicle only during the hours
of the day when the owner of the vehicle is employed by a nonresidential
use located on the premises where the vehicle is located, except that
the owner of the nonresidential use may be permitted to display such
signs overnight on a single vehicle located on an improved surface
if it is owned by the property owner or a member of his or her immediate
family. For the purposes of this section, the term "improved surface"
shall be defined as any paved, gravel, concrete, brick or block surface.
2.
No more than two "for sale" or similar signs shall be placed or displayed
within or on any motor vehicle parked on-street or off-street in the
Town of Morristown.
3.
"For sale" or similar signs placed or displaced within or on motor
vehicles parked on-street or off-street in the Town of Morristown
shall be no taller or wider than 20 inches by 20 inches.
4.
"For sale" or similar signs shall not stay on the motor vehicle for
longer than three continuous months.
5.
This subsection shall not apply to any lawfully operated motor vehicle
sales business.
c.
Parking of commercial vehicles in any residential zoning district.
1.
Up to two only commercial vehicles may be parked on one property
in a residential zoning district, provided that:
(a)
The property is the principal residence of each of the drivers
of each commercial vehicle.
(b)
Each commercial vehicle does not exceed 7,000 pounds in gross
vehicle weight.
(c)
The maximum length of a van shall not exceed 20 feet.
(d)
The maximum length of the box in a pick-up truck shall not exceed
eight feet.
(e)
The maximum area on the entire vehicle which may contain advertising
of any sort, including but not limited to the name of the business/business
owner, business license number, telephone number, address, logo, shall
not exceed 40 square feet in area.
(f)
The commercial vehicle shall not be parked in any front or side
yard, but must be parked in the rear yard or garage on the property,
and if the vehicle is not garaged, the parking area must meet all
setback and coverage requirements of Parts 2 and 3, and be properly
screened with shrubbery or fencing so that the vehicle is shielded
from view from neighboring properties.
(g)
A zoning permit has been obtained describing the commercial
vehicle and its compliance with all of the preceding conditions applicable
to the vehicle.
(h)
Parking of commercial vehicles containing hazardous materials,
perishable food, garbage, trash or live animals is prohibited in all
residential zone districts.
d.
Motor vehicle storage.
1.
Except at automobile service stations and garages and car dealerships,
no more than one unregistered and/or uninspected motor vehicle shall
be parked outside of the garage on any property, and such vehicle
shall be parked on an improved surface maintained in a weed-free condition.
The vehicle shall not be parked in any front or side yard, but must
be parked in the rear yard or garage on the property, and if not garaged,
the parking area must meet all setback and coverage requirements of
this chapter and be properly screened with shrubbery or fencing so
that the vehicle is shielded from view from neighboring properties.
Any such vehicle shall not be utilized for storage of any items and
shall be subject to all property maintenance standards applicable
to accessory structures. No such vehicle shall remain outside, whether
covered or uncovered, in a state of partial disassembly or disrepair
or be in the process of being stripped, dismantled or overhauled.
For purposes of this section, the term "improved surface" shall be
defined as any paved, graveled, concrete, brick or block surface.
2.
In no event may any unregistered and/or uninspected motor vehicle
be parked outside:
(a)
On any property utilized for nonresidential purposes; and
(b)
Which property is located adjacent to a residential zone or
residential use or across the street from a residential zone or residential
use; and
(c)
Without first obtaining an unregistered/nonoperating vehicle
permit from the Zoning Officer. To obtain a permit, a property owner
must demonstrate:
(1)
The vehicle is stored in accordance with all applicable
laws, including Subsection 30-215.2d1 hereof.
(2)
The vehicle is owned or leased by the business
that owns/occupies the property on which the vehicle is parked.
(3)
The vehicle, except for its nonregistered or nonoperating
status, is suitable for use by the business that owns/occupies the
property on which the vehicle is parked.
(4)
The vehicle shall not be parked within 30 feet
of any residential zone or property used for residential purposes.
(d)
This subsection shall not apply to lawfully operated junkyards.
[Ord. No. O-25-2018, 7-12-2018; amended 10-13-2020 by Ord. No. O-29-2020; 8-8-2023 by Ord. No. O-11-2023]
b.
Requirements.
1.
All tables and chairs within the establishment shall be stationary
during open operations. Exceptions for rearranging tables to accommodate
larger groups is permitted. A seating plan shall be a component of
the site plan approval.
2.
Maximum occupancy calculations in conformance with the Morristown
Construction Office and the New Jersey Uniform Construction Code shall
be submitted to the approving entity, and no certificate of occupancy
shall be granted in excess of calculations submitted to the approving
entity.
3.
Daily cleaning of the sidewalk in front of each establishment is
required. This cleaning should occur before 8:00 a.m. each day.
5.
All outside areas used for drinking and/or eating shall open no earlier
than 7:00 a.m. and close no later than 11:00 p.m. Patrons shall be
asked to move to areas inside the establishment or to leave. Within
30 minutes of the closing of the outside area, the establishment shall
make sure that all furniture, apparatus, decorations and appurtenances
and any other items used in connection with the operation of the outside
area, are stacked and stored in a safe and secure location.
[Ord. No. O-25-2018, 7-12-2018; amended 10-13-2020 by Ord. No. O-29-2020; 8-8-2023 by Ord. No. O-11-2023]
b.
Requirements.
1.
All garbage and recyclables shall be collected and stored in an enclosed
area that contains refuse, liquids and smells.
2.
Primary pedestrian entrances and exits shall be located on public
streets. All doors at secondary and emergency entrances and exits
not oriented toward commercial streets shall be closed by 11:00 p.m.
except during bona fide emergencies.
3.
All tables and chairs within the establishment shall be stationary
during open operations. Exceptions for rearranging tables to accommodate
larger groups are permitted. A seating plan shall be a component of
the site plan approval.
4.
Maximum occupancy calculations in conformance with the Morristown
Construction Office and the New Jersey Uniform Construction Code shall
be submitted to the approving entity, and no certificate of occupancy
shall be granted in excess of calculations submitted to the approving
entity.
5.
New facilities shall include sufficient space to accommodate queuing
for patrons. This space should be provided on-site to the greatest
extent possible. If the public right-of-way is proposed for queuing,
a management plan to control crowds and litter as well as to ensure
adequate pedestrian circulation shall be submitted to the approving
entity.
6.
Daily cleaning of the sidewalk in front of each establishment is
required. This cleaning should occur before 8:00 a.m. each day.
7.
In the event that the nightclub or bar for which site plan approval
is sought has already received prior approval from the Town Council,
sitting as the Alcoholic Beverage Control Board, any subsequent approval
by the Morristown Planning Board or the Morristown Zoning Board of
Adjustment shall be consistent with said prior approval by the Town
Council.
9.
All outside areas used for drinking and/or eating shall close at
11:00 p.m. Patrons shall be asked to move to areas inside the establishment
or to leave. Within 30 minutes of the closing of the outside area,
the establishment shall make sure that all furniture, apparatus, decorations
and appurtenances, and any other items used in connection with the
operation of the outside area are stacked and stored in a safe and
secure location.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
b.
Requirements.
1.
On-site production for all breweries and brewpubs shall not exceed
15,000 standard thirty-one-U.S.-gallon beer barrels annually.
2.
A minimum of one on-site loading area shall be provided for each
brewery or brewpub. On-street loading in public loading or parking
zones is not permitted.
3.
All tables and chairs within the establishment shall be stationary
during open operations. Exceptions for rearranging tables to accommodate
larger groups are permitted. A seating plan shall be a component of
the site plan approval.
4.
Maximum occupancy calculations in conformance with the Morristown
Construction Office and the New Jersey Uniform Construction Code shall
be submitted to the approving entity, and no certificate of occupancy
shall be granted in excess of calculations submitted to the approving
entity.
5.
A developer's agreement with the Town shall be obtained establishing
hours of operation, waste management, and cleaning of outdoor areas
prior to operation of the brewery or brewpub.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
a.
Home occupation to be incidental to use of dwelling. A home occupation
is an accessory use of a service character conducted entirely within
a dwelling, and must be clearly incidental to the use of the dwelling
for dwelling purposes.
b.
Persons engaged in a home occupation must reside on premises. Persons
engaged in the home occupation must actually reside in the dwelling
to which the use is accessory, and must claim that dwelling as their
principal residence for voter registration, all federal and state
tax purposes, mortgage financing purposes, driver's license and registration
purposes and exhibit all other usual and customary incidents of principal
residence use.
c.
Number of employees limited. There shall be no more than two principals
who must reside in the premises, or more than one on-premises agent,
servant or employee who may reside elsewhere and no more than one
business visitor at any one time.
d.
Manufacturing and machinery restricted. No manufacturing activity
or process involving the use of machines of more than one horsepower
(whether gas or electric) or emitting noise audible off the premises
or affecting or interfering with television, FM or radio reception
off-site or producing any air or other pollutants shall be allowed.
e.
Retail sales or sale of products from premises prohibited. No retail
store or shop shall be allowed nor shall products related to the home
occupation be sold on the premises.
f.
Storage or display of materials prohibited. No storage or display
of materials, goods, supplies or equipment visible from outside the
principal building shall be allowed.
g.
Percentage of dwelling used for home occupation restricted. No home
occupation shall utilize more than 25% of the total gross square footage
of the dwelling, not including the basement or cellar, attic, garage
or any accessory building, or 500 square feet, whichever is less.
h.
Parking spaces restricted. The home occupation shall not generate
a demand for more than two parking spaces in addition to the number
of parking spaces required for the residents of the premises.
i.
Sign. The home occupation shall show no exterior evidence of its
existence, except that one nonilluminated flat or window sign having
an area not exceeding 60 square inches shall be permitted, which sign
shall not be freestanding.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
a.
Purposes. It is the overall purpose of these provisions to provide
specific zoning conditions and standards for the location and operation
of wireless communication antennas within the Town of Morristown,
to recognize the need to safeguard the public good and preserve the
intent and the purposes of the Morristown Town Master Plan and Zone
Plan.
b.
Overall objective. The overall objective of these provisions is to
enable the location within the Town of those antennas which are necessary
to provide adequate wireless communication services while, at the
same time, limiting the number of such locations to the fewest possible,
and prohibiting the placement of any antennas on a tower or monopole.
c.
Specific goals.
1.
To minimize the total number of wireless communications antenna locations
within the Town;
2.
To limit the impact of wireless communications antennas and related
facilities upon the residences and the streetscapes throughout the
Town;
3.
To safeguard the prevailing and historic character of development
throughout the Town;
4.
To encourage the location of antennas upon, or within, existing structures,
existing buildings, existing water towers or standpipes, and existing
telephone and electric poles and towers, especially those existing
structures situated on public property;
5.
To encourage as many antennas as possible, of as many of the wireless
communication carriers as possible, to be collocated on the fewest
number of existing structures within the Town;
6.
To encourage the communication carriers to configure their facilities
in a manner that minimizes and mitigates any adverse impacts upon
affected properties, streetscapes and vistas through careful design,
siting, landscape screening and innovative camouflaging techniques;
7.
To formulate and maintain, for land use planning purposes, a complete
inventory of all wireless communications antennas and related facilities
within the Town, and others in the vicinity of the Town, which are
capable of providing service within the Town;
8.
To enhance the ability of the carriers of wireless communications
services who adhere to the letter and intent of these provisions to
provide such services quickly, effectively and efficiently; and
9.
To comply with the mandate of the Federal Telecommunications Act
of 1996, 47 U.S.C. § 332 (c)(7), which preserves local government
authority to enforce zoning requirements which protect public safety,
public and private property and community aesthetics.
d.
Overall comprehensive plan.
1.
In order to effectuate the purposes, objective and goals of these
provisions as noted herein above, any applicant to the Town for approval
to erect a wireless communication antenna, in addition to all other
information required by this subsection, shall provide threshold evidence
that the proposed location of the proposed antenna(s), and/or ancillary
cabinets enclosing related electronic equipment, has been planned
to result in the fewest number of antenna locations within the Town
at the time full service is provided by the applicant throughout the
Town.
2.
Therefore, the applicant shall provide an overall comprehensive plan
indicating how it intends to provide full service throughout the Town
and, to the greatest extent reasonably possible, shall indicate how
its plan specifically relates to and is coordinated with the needs
of all other providers of wireless communications services within
and around the Town.
3.
More specifically, the overall comprehensive plan shall indicate
the following:
(a)
How the proposed location of the proposed antenna(s) specifically
relates to the suitability or unsuitability of such existing structures
to be utilized to provide the intended wireless communications;
(b)
How the proposed location of the proposed antenna(s) specifically
relates to the anticipated need for additional antennas and supporting
structures within and near the Town of Morristown by the applicant
and by other providers of wireless communications services within
the Town;
(c)
How the proposed location of the proposed antenna(s) specifically
relates to the objective of collocating the antennas of many different
providers of wireless communications services on a single supporting
structure; and
(d)
How the proposed location of the proposed antenna(s) specifically
relates to the overall objective of providing full wireless communications
services within the Town while, at the same time, limiting the number
of such locations to the fewest possible, including alternate technologies
which are capable of providing the same level of service.
e.
Location priorities. Based upon the overall comprehensive plan submitted
by the applicant in accordance with Paragraph d herein above, if the
Town determines that the proposed antenna(s) to be needed for the
provision of full wireless communications services within the Town,
utilizing the fewest number of towers as reasonably possible, wireless
communications antennas for telephone, radio, paging and/or television
communication shall be permitted within the Town at the following
prioritized locations:
1.
The first priority location shall be on lands owned by the Town of
Morristown utilizing an existing or approved building, a water tower
or water standpipe, or an existing telephone or electric pole. Any
application for use of such lands and structures must be accompanied
by written consent from the Town Council of Morristown to the plan
and shall be subject to a written lease with the Town.
2.
The second priority location shall be any other existing approved
wireless communications antenna location, water tower or water standpipe,
telephone or electric pole or church steeple within or near the Town
of Morristown.
f.
Location and number of wireless communications antennas; use of towers
not permitted.
1.
Wireless communications antennas shall only be located per Exhibit
A, adopted by Ordinance No. O-6-03, which may be found on file in
the Office of the Town Clerk.
2.
Wireless communications antennas shall only be located on existing
nonresidential buildings, water towers or existing transmission towers.
3.
There shall be a limit of no more than 18 antennas at any given location.
4.
There shall be no freestanding poles or towers within the Town of
Morristown.
g.
Maximum height. Notwithstanding any provisions of this subsection
to the contrary, the following height restrictions shall apply for
any wireless antenna and/or any related structure:
h.
Design details.
1.
To the greatest extent possible, all cables shall be installed within
underground conduits.
2.
The color and camouflaging of a proposed antenna shall be proposed
by the applicant in the context of the visibility of the antenna from
different vantage points throughout the Town, and the existing land
uses and vegetation in the vicinity of the subject site.
3.
No lighting is permitted on antennas except lighting that is specifically
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.
The applicant shall provide all applicable FAA standards regarding
lighting to the Planning Board.
4.
Individual cabinets or shelters for the required electronic equipment
related to the wireless communications antenna(s) shall be permitted
in accordance with the following design criteria:
(a)
Any proposed cabinet or shelters or combination of cabinets
and/or shelters enclosing required electronic equipment shall not
be more than 10.5 feet in height above ground level or roof surface,
nor more than 250 square feet in area, and only one such area for
the cabinet(s) and or shelters shall be permitted for each provider
of wireless communication services located on the site.
(b)
If the cabinet or equipment shelter is located on the roof of
a building, the area of the equipment shelter and any other equipment
and structures shall not occupy more than 10% of the roof area and
shall be screened from view utilizing architectural treatments and
designs.
(c)
In the case of cabinets or equipment shelters to be located
on the roof of a building, the applicant shall provide testimony from
a professional engineer that the roof can support the weight of such
cabinet or equipment shelter.
(d)
Cabinets or equipment shelters shall comply with all applicable
building codes.
(e)
Cabinets or equipment shelters may have one light per service
provided at the entrance to the building, provided that the light
is attached to the building, is focused downward and is switched so
that the light is turned only when workers are at the building. The
building may have a separate entrance for each service provider.
(f)
All of the electronic equipment shall be monitored and configured
so that, to the greatest extent possible, the need for on-site maintenance
and the commensurate need for vehicular trips to and from the site
will be minimized.
5.
No signage is permitted, unless "warning" and/or equipment information
signs are deemed necessary for safety purposes and are specifically
approved by the Planning Board.
6.
Antennas shall adhere to the following restrictions:
(a)
Antennas shall not exceed eight feet above the roof parapet
of the building upon which the antenna(s) is located, and in no event
shall any antennas be higher than the lowest parapet of any penthouse.
(b)
Antennas shall comply with all applicable FCC and FAA regulations.
(c)
Antennas shall comply with all applicable building codes.
(d)
The antenna design shall minimize visual impact through the
use of radio transparent screening designed to match the building
facade to make the antenna(s) the least visually intrusive to adjacent
properties. The antenna and supporting electrical and mechanical equipment
must be of a neutral color that is identical to, or closely compatible
with, the color of the supporting structure so as to make the antenna
and related equipment as visually unobtrusive as possible.
(e)
All new applicants shall be required to install radio transparent
screening and shall provide engineering computations establishing
engineering stability requirements to the satisfaction of the Town
Engineer.
(f)
Cable design. Rooftop installations shall be designed to minimize
tripping hazards on walking/working surfaces.
(g)
A certification by a qualified structure engineer of the building's
ability to support the weight of the antenna(s) and all accessory
equipment and structures.
(h)
The design of ancillary equipment shall incorporate noise attenuation
for noise produced by emergency generators installed to provide power
to the facility in emergency situations.
i.
Site plan submission and approval requirements.
1.
The checklist for any application for approval of the construction
or installation of wireless communications antennas, pursuant to this
subsection, shall contain all the documents required by this subsection.
2.
The applicant shall specifically address each of the design details
enumerated in this subsection, hereinabove.
3.
Wireless communications antennas, and related electronic equipment,
shall require preliminary major site plan approval and final major
site plan approval in accordance with the Land Use Regulations of
the Town of Morristown.
4.
In addition to the applicable documentation and items of information
required for site plans specified in this subsection, the following
additional documentation and items of information specific to wireless
communications antennas are required to be submitted to the Planning
Board for review and approval as part of the submission of the preliminary
site plan application:
(a)
Documentation by a qualified expert that any existing structure
proposed for the location of the antenna will have sufficient structural
integrity to support the proposed antenna, and that the safety hazards
resulting from ice falling from the structure and the antenna have
been adequately mitigated.
(b)
Evidence from an independent expert to be presented by the applicant
that all equipment will comply with the then-current Federal Communications
Commission (FCC) rules and regulations, including that radio frequency
(RF) emissions will be within the FCC guidelines. Any approval shall
contain a condition that the applicant shall provide a report to the
Board Engineer from an independent expert that the RF emissions are
within the FCC guidelines within 90 days after installation is complete,
and that upon any change in FCC guidelines or regulations governing
same the applicant shall within 120 days of such change provide a
report to the Board Engineer from an independent expert that the RF
emissions are within the revised FCC guidelines or regulations. In
the event that the Board retains the services of a radio frequency
engineer pursuant to Paragraph (c) below, then the applicant's RF
report shall be submitted to the Board's radio frequency expert for
review.
(c)
In addition to its normal professional staff, given the technical
and specialized nature of the testimony by the applicant's radio frequency
expert(s), the Planning Board may hire its own radio frequency expert
to review and comment upon the testimony presented by the applicant.
Additionally, based upon other testimony presented by the applicant,
the Planning Board may hire other experts with specialized areas of
expertise if deemed necessary.
j.
Restoration provisions. Except for proposals to locate antennas on
lands owned by the Town of Morristown, the applicant (and the landowner
in the instance of a leased property) shall provide a performance
bond and/or other assurances satisfactory to the Planning Board and
in a form approved by the Town Attorney that will cause the antennas,
the electric equipment cabinets, any building enclosing the electronic
equipment cabinets, and all other related improvements to the land
to be removed, at no cost to the Town, when the antennas are no longer
operative. Any wireless communications antenna facility not used for
its intended and approved purpose for a period of six months shall
be considered no longer operative and shall be removed by the responsible
party within 60 days thereof.
k.
Other requirements. All other applicable requirements of the Morristown
Land Use Regulations not contrary to the specific conditions and standards
specified herein shall be met, but waivers and/or variances of such
other applicable requirements of this subsection may be granted by
the Planning Board. Additionally, based upon the site specific information
presented by the applicant during site plan review, the Planning Board
may grant deviations from the literal requirements for wireless communications
antennas specified above, provided that the purposes, overall objective
and specific goals, respectively specified herein are advanced by
the deviations.
[Added 11-12-2019 by Ord.
No. O-43-2019; amended 8-8-2023 by Ord. No. O-11-2023]
a.
Purpose and intent. The purpose of the provisions included in this
subsection are to provide specific conditions for the location and
operation of bed-and-breakfasts within the Town of Morristown.
b.
Policy basis.
1.
The Town of Morristown is an historical Morris County community whose
history dates back prior to the Revolutionary War. As such, the Town
has a singular historic charm that continues to attract both permanent
residents and visitors to its nearby historic sites. The Town enthusiastically
promotes tourism as an economic opportunity for the community and
is especially proud and protective of the many homes whose construction
and architecture date back to Morristown's early and gilded years,
when wealthy financiers and industrialists built mansions in Morristown
and conveniently took the train between "the country" and their work
or other homes in New York. Maintaining these large properties today
as single-family residences, however, has become extremely difficult
and impractical, whether because of the overall costs associated with
maintaining such large homes, their architectural features, size,
or configuration, and/or because families have fewer children, thereby
not needing such large homes. Nevertheless, the homes' architectural
beauty and importance to Morristown's heritage has never been overlooked,
with the Town looking for practical ways to preserve the properties.
2.
One suggested way to preserve these classic homes for the benefit
of the community has been their adaptive reuse and preservation by
licensing select properties that meet specific physical criteria as
bed-and-breakfasts (B&Bs). This designation would allow properties
to be maintained by an owner or manager occupant, while providing
short-term lodging for a limited number of guests. By doing so, qualified
property owners could have an added source of income that would enable
them to purchase and live in the home and also offer a practical business
component that would provide additional income needed to maintain
the home and its historic charm, while also supporting Morristown's
commitment to its heritage and interest in promoting Morristown as
an historic destination.
3.
While Morristown has a core historic residential district, there
are other properties scattered through the town that might also qualify
for B&B licensing. However, it must be noted and emphasized that
not every large or even historic home in every neighborhood in the
community will meet the requirements to obtain B&B status, whether
because of the lot size, number of bedrooms and baths, or availability
of off-street parking.
4.
The proposed ordinance is intended to permit B&Bs as a low-intensity
hospitality use with minimal impact to traffic, the natural environment
or nearby single-family residences. It is designed to be supportive
of Morristown as a highly desirable residential community and also
offer a practical business incentive that would provide the kind of
financial support necessary to maintain both the Town's residential
character and historic charm, while at the same time recognizing that
these goals cannot and must not be implemented at the expense or disregard
of neighboring residences and the community as a whole.
c.
Licensing. All bed-and-breakfast uses shall comply with applicable licensing requirements contained in Chapter 4 of the Town Code.
d.
General requirements.
1.
Licensed bed-and-breakfasts within the Town of Morristown shall contain
no fewer than three bedrooms and no more than eight bedrooms available
to guests for lodging. The maximum capacity of each bedroom shall
be two adults and two children.
2.
No more than 16 individuals including children over the age of six,
shall stay at a licensed bed-and-breakfast at any one time.
3.
Bathrooms should be provided at a rate of one full bathroom per two
rented bedrooms, exclusive of a dedicated bathroom for the owner.
4.
Bed-and-breakfast owners must reside on the premises within the principal
structure.
5.
At all times when guests are staying in the licensed bed-and-breakfast,
the owner(s) shall remain within 15 minutes of the subject property
and a sign will be posted with name and emergency phone number when
owners are not on the immediate property, per state Fire Prevention
Regulations.
6.
Food service and preparation shall be limited to breakfast for guests
currently staying on the premises and incidental refreshments for
paying overnight guests, including but not limited to nonalcoholic
beverages, cookies, crackers, cheese, crudites, etc. and not advertised
to the general public as a restaurant.
7.
Detached secondary or accessory structures may not be used for guest
rooms as a part of the bed-and-breakfast operation.
8.
No more than two nonresident employees may be employed for the regular
operation of the bed-and-breakfast.
9.
Rooms that constitute legal bedrooms below or partially below grade
shall not be used for guest lodging.
10.
No less than 1,000 linear feet from property line to property
line shall be provided between separate B&B establishments.
11.
The site shall be able to provide 150 square feet of common
area for use of guests, per UFC requirements. This can include porch,
library, dining room, but cannot include the lobby. If more than 10
guests, the minimum requirement is 300 square feet.
e.
Bulk requirements.
1.
On-site accessory uses or structures, including parking areas, refuse
enclosures, utilities, patios, sheds, etc., shall comply with all
yard and buffer requirements for the zoning district in which the
property is located. At a minimum, no such area or structure shall
be closer than five feet to an adjacent commercial district or use,
10 feet to mixed-use with residential or multifamily use or district,
and no closer than 15 feet to a residential use or district. A minimum
of half of the width of the setback but no less than five feet in
width shall be the required buffer which shall contain a combination
of fences, walls, and/or evergreen trees a minimum of six feet tall
to visually screen such areas or structures from all sides.
2.
One off-street parking space shall be provided for each guest bedroom.
Tandem parking for guests is strictly prohibited.
3.
One dedicated off-street parking space shall be provided for each
owner operator and one per each nonresident employee engaged in the
regular operation of the bed-and-breakfast.
4.
All parking shall be located to the rear of the principal structure.
5.
Total improved coverage on the property shall not exceed 60% of overall
land area.
6.
Building coverage on the property shall not exceed 50% of overall
land area.
7.
Signage for the residence shall be restricted to a single ground
or wall graphic, but not both, in the front yard or on the front wall
of the residence. Ground signs shall be set back a minimum of five
feet from the sidewalk or right-of-way line, whichever is greater.
Ground signs shall be a maximum of six feet in height. Ground and
wall signs shall be a maximum of eight square feet in area.
8.
No sign may be illuminated by more than two fixtures. Fixtures shall
be designed and located to shield neighboring properties and the public
right-of-way from glare and light spillage. Internally lit or backlit
signs are strictly prohibited.
9.
No signs shall display a telephone number or indication that the
residence is full or vacant. Exterior lighting around the residence
shall be shaded to prevent illumination off-site. All exterior lighting,
except for demonstrated security needs, shall be turned off by 9:00
p.m. Footcandle levels must comply with the requirements of the zone,
and color temperature shall not exceed 3,000° K if adjacent to
any residential districts or permitted residential uses, or may not
exceed 4,000° K elsewhere.
10.
All refuse storage will be enclosed by a visually solid fence
or masonry wall which complements the building architecture.
11.
Perimeter buffers to residential uses shall contain a combination
of fences, walls, and/or evergreen trees with a minimum planting height
of five feet. Minimum required buffer widths are:
12.
Site shall comply with all other bulk/design requirements of
the zone.
f.
Submission requirements.
1.
All bed-and-breakfast applications shall be subject to review by
the Historic Preservation Commission.
g.
Violations and penalties.
1.
On any holder of a license for a bed-and-breakfast who violates any
provision of this chapter may be subject to forfeiture of the license
issued by the Town of Morristown.
2.
Additionally, any property owner who violates any provision of this
chapter or who operates a bed-and-breakfast without a license, shall
be subject to a fine of not more than $1,250. Each day of illegal
operation shall be considered a separate violation of this chapter.
[Added 12-14-2021 by Ord.
No. O-33-2021; amended 8-8-2023 by Ord. No. O-11-2023]
a.
Applicability. The following requirements apply to all medical cannabis
dispensaries, medical cannabis dispensaries with approval to operate
as cannabis retailer licenses or cannabis licensed retailers as defined
in the definitions section in the appendices of this code.[1]
b.
Requirements for medical cannabis dispensaries, medical cannabis
dispensaries with approval to operate as cannabis retailer licenses
or cannabis licensed retailers:
1.
Cannot be located within 1,000 feet of an elementary, middle or high
school.
2.
A distance of no less than 1,000 feet from another medical cannabis
dispensary or cannabis licensed retailers is permitted.
3.
Cannot be located within 200 feet of a house of worship.
4.
Distances are measured as line of site.
5.
There shall be no outside storage of any marijuana products and a
medical cannabis dispensary or cannabis licensed retailer shall be
prohibited from displaying any products within the public right-of-way.
6.
A floor plan shall be submitted showing the extent of the use contained
in the enclosed building, location of products, storage of products,
and all security measures in place.
7.
The consumption of marijuana, drugs and alcohol in the establishment
shall be prohibited.
8.
Emissions/odors of materials and products shall be prohibited.
9.
Operational hours shall be restricted to no earlier than 9:00 a.m.
and no later than 8:00 p.m. on Monday through Saturday and no earlier
than 12:00 p.m. and no later than 8:00 p.m. on Sunday.
10.
Security, such as security cameras, required locks/safes, security
officer on-site, emergency plan submission, etc., shall be required.
11.
Pedestrian queuing plan submission shall be required.
12.
Images of cannabis, related products, and specific words referring
to marijuana (i.e., slang), or advertising targeting young adults
shall be prohibited on all signage for the establishment.
13.
Any medical cannabis dispensary or cannabis licensed retailers
may only be involved in the use specifically permitted by its definition.
14.
All licensing requirements shall be followed, and any medical
cannabis dispensary or cannabis licensed retailers shall be in compliance
with any applicable state or local laws, ordinances or codes.
15.
Parking and loading requirements shall require the greater of
three spaces per service/sale window or six spaces per 1,000 square
feet.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
a.
The following table determines the parking standard (minimum/maximum)
applicable to a property based on use.
|
Parking Category
|
R
|
EB Overlay (R)
|
MF-1
|
MF-2
|
PWN Overlay (MF-2)
|
CI Overlay (MF-2)
|
MF-3
|
N Overlay (MF-3)
|
MX-1
|
R Overlay (MX-1)
|
MX-2
|
L-L Overlay (MX-2)
|
TC and Overlays (T, TOD, MG, HQP)
|
H and H-1
|
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
|
Residential (per unit)
|
2/NA
|
1.5/NA
|
2/NA
|
1.5/2.5
|
1.5/3
|
NP
|
1.5/3
|
1.5/3
|
1.5/2.5
|
1.5/3
|
1.5/2.5
|
NP
|
1.5/2.5 (not HQP)
|
NP
|
|
Bars, taverns and nightclubs (per 1,000 square feet of gross
floor area)
|
NP
|
NP
|
NP
|
NP
|
NP
|
NP
|
NP
|
NP
|
NP
|
NP
|
20/30
|
NP
|
20/30
|
NP
|
|
Breweries and brewpubs (per 1,000 square feet of net floor area
open to the public for drinking and congregating)
|
NP
|
NP
|
NP
|
NP
|
NP
|
NP
|
NP
|
NP
|
NP
|
NP
|
20/30
|
NP
|
20/30
|
NP
|
|
Retail/commercial (per 1,000 square feet of gross floor area)
|
NP
|
NP
|
NP
|
NP
|
1/2
|
NP
|
NP
|
NP
|
2.5/3.5
|
2.5/3.5
|
2.5/3.5
|
NP
|
2.5/3.5
|
NP
|
|
Restaurants, and liquor-licensed restaurants (per 2 seats and
2 linear feet of bar area)
|
NP
|
NP
|
NP
|
NP
|
NP
|
NP
|
NP
|
NP
|
NP
|
1/1.5
|
1/1.5
|
NP
|
1/1.5
|
NP
|
|
Restaurants, coffee shops/cafe (per 100 square feet of gross
floor area)
|
NP
|
NP
|
NP
|
NP
|
NP
|
NP
|
NP
|
NP
|
NP
|
1/1.25
|
1/1.25
|
NP
|
1/1.25
|
NP
|
|
Restaurant, carry-out/fast-food (per 100 square feet of gross
floor area)
|
NP
|
NP
|
NP
|
NP
|
NP
|
NP
|
NP
|
NP
|
NP
|
NP
|
1/1.5
|
NP
|
1/1.5
|
NP
|
|
Office (per 1,000 square feet of gross floor area)
|
NP
|
NP
|
NP
|
NP
|
NP
|
NP
|
NP
|
NP
|
2.5/3.5
|
2.5/3.5
|
2.5/3.5
|
3/5
|
2.5/3.5
|
NP
|
|
Office, medical (per 1,000 square feet of gross floor area)
|
NP
|
NP
|
NP
|
NP
|
NP
|
NP
|
NP
|
NP
|
4/6
|
4/6
|
NP
|
5/7
|
5/7
|
NP
|
|
Theater (per 10 seats)
|
NP
|
NP
|
NP
|
NP
|
NP
|
NP
|
NP
|
NP
|
NP
|
NP
|
NP
|
NP
|
1.6/3.3
|
NP
|
|
Hotel/inn (per room)
|
NP
|
NP
|
NP
|
NP
|
NP
|
NP
|
NP
|
NP
|
NP
|
NP
|
NP
|
NP
|
0.5/1
|
NP
|
|
House of worship (per 10 seats or 56 square feet of sanctuary
space if worship does not utilize seating)
|
NP
|
NP
|
NP
|
NP
|
NP
|
NP
|
NP
|
NP
|
2/5
|
2/5
|
2/5
|
2/5
|
2/5
|
NP
|
|
Education/library (per 1,000 square feet of gross floor area)
|
NP
|
NP
|
NP
|
NP
|
NP
|
NP
|
NP
|
1/3
|
1/3
|
1/3
|
1/3
|
1/3
|
1/3
|
NP
|
|
Hospital (per 0.4 beds, 200 square feet of administrative space,
3 seats in public assembly area)
|
NP
|
NP
|
NP
|
NP
|
NP
|
NP
|
NP
|
NP
|
NP
|
NP
|
NP
|
NP
|
NP
|
0.75/1.25
|
|
Critical infrastructure (per 1,000 square feet of gross floor
area)
|
NP
|
NP
|
NP
|
NP
|
NP
|
3/4
|
NP
|
NP
|
NP
|
NP
|
NP
|
NP
|
NP
|
NP
|
|
Institutional/civic uses (per 1,000 square feet of gross floor
area)
|
NP
|
NP
|
NP
|
NP
|
NP
|
NP
|
NP
|
NP
|
NP
|
NP
|
1/3
|
NP
|
1/3
|
NP
|
|
Note:
| ||||||||||||||
|
Where an applicant before the Zoning Board is seeking a use
variance and such parking ratio is not indicated in the chart above
for their district, the most restrictive parking requirement for the
use (if indicated in another district) shall be used in determining
the parking requirement for application purposes.
|
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
The parking requirements of this section shall be deemed bulk
requirements rather than use requirements unless the enabling legislation
is construed to be contrary by binding decision of a court or competent
jurisdiction.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
All parking areas shall comply with all site plan requirements
of this chapter. No required parking area shall be encroached upon
by storage or any other use.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
In the TC District, the parking requirements of this schedule
shall not apply to a change of permitted use in any existing building
or to any new building replacing an existing building and having a
gross floor area equal to or smaller than the former building. This
exemption shall not apply whatsoever in cases where the floor area
of the replacement building(s) exceeds the floor area of the structure(s)
to be replaced. Conditional uses in the TC District shall comply with
this schedule, and are not permitted to use the TC exemption. This
exemption shall not apply in cases where any existing on-site parking
is proposed to be removed or was removed within the preceding five
years.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
a.
Single use parking ratios.
1.
The number of required spaces for a single use property shall be determined by the table in Subsection 30-218.1a. The minimum required parking spaces shall be the first number and the maximum permitted parking spaces shall be the last number.
2.
When a use is not permitted in a district, the largest minimum and
maximum parking requirement for that use in any district shall apply.
b.
Shared parking.
1.
The number of required spaces for two or more land uses shall be
determined by the following procedure:
2.
Establish baseline. Determine the minimum and maximum amount of parking required for each individual use, as set forth in Subsection 30-218.1a.
3.
Factor in occupancy rates. For each of the six time periods in the
table below, multiply the minimum and maximum and parking required
for each individual use by the appropriate percentage indicated in
the table below.
|
Shared Parking Occupancy Rates
| ||||||
|---|---|---|---|---|---|---|
|
Monday-Friday
|
Saturday - Sunday
| |||||
|
Use
|
8:00 a.m. - 6:00 p.m.
|
6:00 p.m. - Midnight
|
Midnight - 8:00 a.m.
|
8:00 a.m. - 6:00 p.m.
|
6:00 p.m. - Midnight
|
Midnight - 8:00 a.m.
|
|
Education
|
100%
|
20%
|
5%
|
10%
|
10%
|
5%
|
|
Institutional
|
100%
|
20%
|
5%
|
10%
|
10%
|
5%
|
|
Office
|
100%
|
20%
|
5%
|
5%
|
5%
|
5%
|
|
Theater
|
40%
|
80%
|
10%
|
80%
|
100%
|
10%
|
|
Religious
|
10%
|
5%
|
5%
|
100%
|
50%
|
5%
|
|
Residential
|
80%
|
100%
|
100%
|
80%
|
100%
|
100%
|
|
Restaurant (including all uses serving alcohol)
|
70%
|
100%
|
10%
|
70%
|
100%
|
20%
|
|
Retail/commercial
|
90%
|
80%
|
5%
|
100%
|
70%
|
5%
|
|
Hotel
|
70%
|
100%
|
100%
|
70%
|
100%
|
100%
|
|
Hospital
|
100%
|
100%
|
100%
|
100%
|
100%
|
100%
|
4.
Add: sums of each of the six columns individually.
5.
Determine minimum and maximum parking requirement. For both minimum
and maximum parking requirements, the column with the highest value
shall serve as the parking requirement.
c.
Example shared parking calculation.
1.
The following is an example of how to calculate multi-use parking
for three uses: residential apartments requiring 10 parking spaces,
office space requiring 15 spaces, and a religious institution requiring
20 spaces.
 |
d.
Parking location.
1.
Permitted parking locations.
|
Zone
|
Permitted
|
Conditional
|
|---|---|---|
|
R
|
Rear
|
Front yard parking1
|
|
EB Overlay
|
Side, rear
|
Front yard parking1
|
|
MF-1
|
Side, rear
|
Front yard parking1
|
|
MF-2
|
Rear
| |
|
MF-2 (PWN)
|
Side, rear
| |
|
MF-3
|
Side, rear
| |
|
MF-3 (N)
|
Rear
| |
|
MX-1
|
Rear
|
Front yard parking,1 off-site2
|
|
MX-1 (R)
|
Rear
|
Off-site2
|
|
MX-2
|
Rear
|
Off-site2
|
|
MX-2 (L-L)
|
Rear
|
Off-site2
|
|
TC
|
Rear
|
Off-site2
|
|
TC (T)
|
Rear
|
Off-site2
|
|
TC (TOD)
|
Rear
|
Off-site2
|
|
TC (MG)
|
Rear
|
Off-site2
|
|
TC (HQP)
|
Rear
|
Off-site2
|
|
H
|
Rear
|
Off-site2
|
2.
General parking location requirements.
(a)
Parking is prohibited in front and side yards unless otherwise
noted in this code. Where side yard parking is allowed, parking areas,
including portions of the driveway applied to the required parking
standards, may not sit forward of the principal building facade.
(b)
Parking areas are not permitted to be located any closer to
an adjacent property line than 1/2 the required setback or four feet,
whichever is larger.
e.
Off-site parking.
1.
Permissibility. Up to 100% of parking space requirements may be met with off-site parking according to the table in Subsection 30-218.1a.
2.
Reduced parking requirement. The number of parking spaces required
to be provided as part of an off-site parking agreement provided by
the Morristown Parking Authority or other similar professional parking
organization may vary based on the six time periods of the shared
parking calculation. During no time period shall the number of parking
spaces reserved be less than the sum of parking spaces required by
all proposed uses during that time period.
3.
Off-site location. Parking requirements may be met through the provision
of off-site parking locations so long as the access point to the off-site
parking location is located within 400 feet (direct line measurement)
of the subject property.
4.
Parking agreement requirements:
(a)
Less than 10 years shall be permitted subject to Board's discretion
and showing of banked parking plan on-site.
(b)
Off-site parking secured via recorded easement or agreement
of 20 or more years in duration may be considered by the Administrative
Officer when granting approvals that are exempt from the Board's jurisdiction.
(c)
On-going obligation. If at any time the off-site parking arrangement
expires, the property owner shall provide the Administrative Officer
notice as well as a plan to conform to on- or off-site parking standards.
If the property owner fails to produce an alternative plan, the owner
shall be required to seek variance relief from the Board.
f.
Front yard parking.
1.
Applicability. The following regulations apply to conditionally permitted driveways and parking areas that serve front yard parking facilities per Subsection 30-218.5d.
2.
Permitted when one of the following conditions is present:
(a)
The minimum side yard is less than nine feet wide, rendering
construction of a driveway infeasible.
(b)
The construction of a driveway of a length necessary to provide
parking in the side or rear yard is subject to a hardship caused by
steep slopes. For the purpose of this section, a hardship can be shown
through the lack of a pathway with the following characteristics:
3.
Requirements.
(a)
Front yard parking shall be constructed of high-quality materials
such as bricks and pavers.
(b)
Asphalt shall not be permitted.
(c)
Concrete shall be permitted so long as it accounts for no more
than 50% of the cross section of any portion of the driveway.
(d)
Front yard parking shall be buffered by planted areas, bioswales (per § 30-440), and/or walls and fences.
(e)
Front yard parking may be buffered by lawns only on the interior
facing portion of the car court.
(f)
Parking areas shall be setback from the public sidewalk or right-of-way
by a minimum of 10 feet.
(g)
No more than one vehicle may be parked within the front yard,
with the vehicle parked perpendicular to the street.
(h)
No more than two vehicles may be parked within the front yard
when vehicles are parked parallel to the street.
(i)
No more than one curb cut shall be permitted, except for properties
within the EB Overlay, which shall be permitted two curb cuts, so
long as they are connected by the same principal driveway.
(j)
Curb cuts shall be situated to minimize the removal of on-street
parking.
(k)
No curb cut shall exceed 10 feet in width.
g.
Valet parking.
1.
Applicability. The following regulations apply to any use that provides valet parking in conjunction with such use. The following regulations shall take effect at such a time that the Town has adopted a corresponding licensing program for valet parking operations under Chapter 4, Licensing and Business Regulations. Valet parking shall not be conditionally permitted in the TC District until such licensing program has been adopted.
2.
General requirements.
(a)
Tandem parking operations, in which at least one parked vehicle
must be moved to allow another vehicle to exit from another parking
space, shall be subject to Board approval.
(b)
Pickup/dropoff of vehicles may occur within an off-street loading
space or driveway, or within an on-street loading space. In no case
may valet pickup/dropoff occur within an on-street travel lane or
parking space, nor may queuing obstruct travel lanes or pedestrian
walkways.
3.
Off-site valet parking requirements.
(a)
Off-site valet parking shall comply with the requirements for off-site parking pursuant to Subsection 30-218.5e.
(c)
Surface valet parking areas shall cease operation at 11:00 p.m.
if such parking area is located within 200 feet of a residential zoning
district or if the circulation route between the parking area and
the pickup/dropoff location passes through or abuts a residential
zoning district.
(d)
No deviations from the approved circulation route are permitted
except where road construction or other temporary circulation obstructions
require deviation from the approved route.
4.
Submission requirements.
(a)
A scaled drawing showing the location and limits of the proposed
valet parking operation, including parking layout and dimensions,
a circulation plan, and total number of parking spaces.
(b)
For principal valet operations, the circulation plan shall depict
the proposed circulation route of vehicles in the custody of the valet
parking operator between the pickup/dropoff location and the parking
area.
(c)
Details of any signage proposed in association with the valet
parking operation.
(d)
A written explanation for the need for valet parking.
(e)
The following shall be provided prior to commencement of valet
parking operations:
(1)
Proof of automotive liability insurance with a
minimum of $1,000,000 in coverage for each occurrence.
(2)
An operation plan, including but not limited to
rules and regulations, days and times of valet parking operations,
and fees to be charged for use of valet parking.
(3)
Name, address, and telephone number of the valet
owner/operator. If the valet owner/operator will not be reachable
during valet operations, the name and telephone number of a valet
manager or a manager of the associated use shall also be provided.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
(See Article 4G for design standards.)
a.
Loading spaces shall be provided according to the following table.
c.
When a site contains multiple uses within the same loading type,
calculation of loading requirements may be aggregated for all uses
in that group.
d.
When a site contains uses within different loading types, minimum
loading space requirements shall be calculated for each loading type.
|
Loading Type
|
L1
|
L2
|
L3
| |||
|---|---|---|---|---|---|---|
|
Uses
|
•
|
Residential with 5 or more units
|
•
|
Bars, taverns, nightclubs
|
•
|
Grocery store (all)
|
|
•
|
Art gallery
|
•
|
Convenience store
|
•
|
Hospital/medical center
| |
|
•
|
Artisan workshop
|
•
|
Funeral homes
|
•
|
Theater
| |
|
•
|
Child-care center
|
•
|
Gaming (billiards, arcades)
| |||
|
•
|
Media production
|
•
|
Hotel
| |||
|
•
|
Offices, general and professional
|
•
|
Laboratory (medical/dental)
| |||
|
•
|
Club, lodge, fraternal organization
|
•
|
Offices, medical
| |||
|
•
|
Community center
|
•
|
Services, business or personal
| |||
|
•
|
Government building or public utility office
|
•
|
Restaurant (all types)
| |||
|
•
|
House of worship
|
•
|
Retail
| |||
|
•
|
School
|
•
|
Cultural uses (museum/library)
| |||
|
•
|
Nursing home, convalescent
| |||||
|
Loading spaces1
|
Minimum 1, plus 1 additional loading space per each 50,000 square
feet
|
Minimum 1, plus 1 additional loading space per each 20,000 square
feet
|
Minimum 1, plus 1 additional loading space per each 10,000 square
feet
| |||
|
Loading Berth
|
None
|
Minimum 0, plus 1 per 100,000 square feet
|
Minimum 1, plus 1 additional berth after the first 25,000 square
feet for each additional 25,000 square feet
| |||
|
Note:
| |
|
1
|
The first two loading spaces shall be designed to be tandem
in order to accommodate larger vehicles.
|
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
b.
Bicycle parking shall be provided on-site at the following minimum
rates on all properties with five or more residential units, commercial
uses, or a mix of residential and commercial uses:
[Ord. No. O-25-2018; amended 12-18-2018 by Ord. No. O-43-2018; 8-8-2023 by Ord. No.
O-11-2023]
Requirements.
a.
In general, all utilities shall be located in a way that is visually
unobtrusive.
b.
Utilities shall be placed to the rear of or within the interior of
the principal structure wherever feasible. Otherwise, utilities shall
be located to the side of the principal structure where such locations
are feasible.
c.
All utilities shall be screened so as not to be visible from the
public right-of-way.
d.
If the utilities are located on the interior of the building along
a street-facing frontage, that portion of the building shall be designed
to be visually unobtrusive and to conform to the general architectural
character of the facade.
e.
In cases of new construction, the developer shall arrange with the
servicing utility for the underground installation of the utility's
distribution supply lines and service connections.
f.
In the case of new construction, the lots which abut existing streets
where overhead utility lines and service connections have heretofore
been installed may be supplied with service from those overhead lines,
but the service connections from the overhead lines shall be installed
underground. In the case of existing overhead utilities, should a
roadway widening, or an extension of service, or other such condition
occur as a result of the development and necessitate the replacement
relocation or extension of such utilities, such replacement, relocation,
or extension shall be underground.
g.
If the developer of new construction considers it a hardship to comply
with the provisions of this section because of soil conditions, rock
formations, wooded areas, or other special conditions of the land,
the developer may apply to the approving authority for an exception
from the terms of this section in accordance with the provisions of
N.J.S.A. 40:55D-51. Where overhead lines are permitted as the exception,
the alignments and pole locations shall be carefully routed to avoid
locations along horizons, avoid the clearing of swaths through treed
areas by selective cutting and a staggered alignment, by planting
trees in open areas at key locations to minimize the views of the
poles and alignments, by following rear lot lines and interior locations,
and similar design and location considerations to lessen the visual
impact of overhead lines.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
a.
Applicability. The following regulations apply to all properties
with five or more residential units, commercial uses, or a mix of
residential and commercial uses.
b.
Requirements.
1.
All buildings subject to this requirement shall provide a dumpster
or multiple dumpsters sufficient to accommodate all trash generated
on-site between collections.
2.
Dumpsters shall not be located in any required yard or buffer. No
collection areas shall be permitted between a street and the front
of a building.
3.
All outdoor dumpsters shall be visually screened within a durable,
noncombustible enclosure, so as not to be visible from adjacent lots
or sites, neighboring properties or streets.
c.
Screening may be accomplished through the use of planting buffers,
fences or walls, and shall be high enough to screen these structures.
No screening structure shall be less than six feet in height.
d.
Residential and commercial uses shall have separate waste facilities.
e.
Restaurants and other retail food establishments shall meet the standards
contained in N.J.A.C. 8:24-1.1 et, seq. as they apply to refuse collection
and management.
f.
All other uses shall comply with all applicable state and local standards
in the design of their waste storage systems.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
Requirements.
a.
All HVAC and utility boxes shall be located in the side or rear yard,
or be roof-mounted and screened or minimized from public view and
from view of adjacent properties. Screening may be accomplished through
the use of planting buffers, fences or walls, and shall be designed
to be high enough to visually screen these structures. All HVAC and
utility boxes shall not generate noise above 65 db from 7:00 a.m.
to 10:00 p.m. and 50 db from 10:00 p.m. to 7:00 a.m. as measured from
the property line.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
Requirements.
b.
All telecommunication systems shall be located in the side or rear
yard and screened or minimized from public view and from view of adjacent
properties. Screening may be accomplished through the use of planting
buffers, fences or walls, and shall be high enough to visually screen
these structures. Telecommunication systems shall not generate noise
above 60 db as measured from the property line.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
a.
Applicability. The following regulations apply to all permanent standby
generators in the Town of Morristown.
b.
Requirements.
1.
A permanent standby generator may be located only in the rear or
side yards of any property, except that on a corner lot a permanent
standby generator may be installed only in the side yard farthest
from the road.
2.
The generator shall be located in accordance with its manufacturer's
installation instructions or the building codes adopted by the State
of New Jersey, whichever is more stringent.
3.
All such generators shall be placed so as to minimize the visual
impact on adjacent properties, with the use of appropriate sound-attenuating
architectural materials and landscape screening, such as shrubbery
or fencing. All architectural material, screening or fencing shall
be placed in accordance with the generator manufacturer's recommendations,
the requirements of the National Fire Protection Association and the
zoning requirements of the Town of Morristown. All architectural material,
screening or fencing shall be maintained as originally approved. If
the architectural material, screening or fencing is not so maintained,
the owner of the property in which the generator is located may be
subject to violations or penalties, including immediate revocation
of the permit issued by the Town of Morristown for its use.
4.
The noise level of any permanent standby generator, when in use for
maintenance purposes, shall not exceed 65 db from 7:00 a.m. to 10:00
p.m. and 50 db from 10:00 p.m. to 7:00 a.m., or create a nuisance
as determined by the New Jersey State noise statutes and regulations
and the Town Code. Per N.J.A.C. 7:29-1.5, commercial properties are
exempt from conforming to noise regulations only during an electrical
power outage.
5.
The exhaust of a generator shall, as much as feasible, be vented
upwards or directed away from neighboring properties.
6.
The generator shall be used only during electrical power outages
and as required by the manufacturer for maintenance purposes. Maintenance
operation shall take place not more than once a week during daylight
hours between the hours of 10:00 a.m. and 5:00 p.m. and shall not
exceed 30 minutes at a time.
7.
A property owner seeking to install a permanent standby generator
must file an application with the Zoning Officer prior to installation
and receive permits as necessary before work can be commenced. Every
application shall be accompanied by a survey prepared by a licensed
land surveyor of the State of New Jersey, showing the property lines
of the lot, the location of the building or structure, the front,
side and rear yard dimensions and the proposed location, drawn to
scale, of the generator. In the event that the property owner is seeking
to install a natural gas generator, the property owner shall also
submit a letter from the natural gas supplier confirming that there
is adequate gas pressure and volume supplied to the property to handle
the proposed generator.
8.
The application and survey for a residential property will be reviewed
by the Zoning Officer for compliance with setback requirements. Commercial
property applicants must also file a minor site plan application with
the Planning Board of the Town of Morristown. The Planning Board of
the Town of Morristown will review and make a determination with respect
to commercial applications.
9.
Once an approval is granted from either the Zoning Officer or the
Planning Board, the application will be sent to the Building Department
for review by the various subcode officials. Once approved by the
Building Department, a permit will be issued and the generator may
be installed. Any installation shall be in accordance with all municipal
ordinances and state-adopted codes, including, but not limited to,
the Uniform Construction Code, the National Electric Code, the National
Fire Protection Association Code, and the International Fuel Gas Code.
10.
Every application for the installation of a permanent standby
generator shall be accompanied by a fee in the amount of $100. This
application fee shall be separate and apart from any zoning or building
permit fee required for the installation of the permanent standby
generator.
11.
Any person, firm, corporation or other entity who shall violate
any of the provisions of this subsection shall, upon conviction, be
subject to a fine not exceeding $500, and each day that such violation
shall continue shall be deemed a separate offense.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
[12-18-2018 by Ord. No.
O-42-2018; 8-8-2023 by Ord. No. O-11-2023]
a.
The yard buffer shall be a minimum of 10 feet in addition to any
required side or rear yard setback along the length of the property
or properties for which the yard buffer is required. No structure,
activity, storage of materials or parking of vehicles shall be permitted
within a buffer.
b.
A seventy-five-foot-wide natural or landscaped buffer consisting
of deciduous and evergreen material and designed by a landscape architect
shall be established and maintained on all sides of the property within
the H-1 District.
c.
A fifty-five-foot-wide natural or landscaped buffer consisting of
deciduous and evergreen material and designed by a landscape architect,
shall be established and maintained along Madison Avenue and 35 feet
along all other sides of the property in the H District, with the
exception of any boundary abutting any state highway other than Madison
Avenue where no buffer shall be required. No building shall be permitted
in the buffer area.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
Buffers shall consist of plantings, and fencing or masonry walls
that create a visual buffer between properties. Fencing and masonry
shall have a maximum height of six feet. Vegetation shall be designed
to achieve 80% opacity within a height of six feet after a period
of five years of growth. The fencing or masonry wall included as part
of the yard buffer shall be located on the internal side of the buffer
and the vegetation shall be located on the external side of the buffer,
facing the adjacent property.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
All applications requiring a yard buffer shall provide a landscaping
plan showing the buffer landscaping and calling out the number and
species of the plantings.
[Added 3-10-2020 by Ord.
No. O-11-2020; amended 8-8-2023 by Ord. No. O-11-2023]
The purpose of this section is to regulate the accessory use
of houses and apartment complexes for short-term rentals so as to
ensure that such rental use does not create adverse impacts to residential
neighborhoods due to excessive traffic, noise, and density.
[Added 3-10-2020 by Ord.
No. O-11-2020; amended 8-8-2023 by Ord. No. O-11-2023]
As used in this section, the following terms shall have the
meanings indicated:
The owner or leaseholder of the residence in which the short-term
rental activity occurred, or a property manager designated by the
owner to be called upon and be responsible at all times during the
period of a short-term rental and to answer for the maintenance of
the property, or the conduct and acts of occupants of the short-term
rental property, and, in the case of the property manager, to accept
service of legal process on behalf of the owner of the short-term
rental property. Only a responsible party may arrange for a short-term
rental.
The rental for compensation of a dwelling, or portion of
a dwelling, for the purpose of overnight lodging for a period of not
less than one night and not more than 28 consecutive days. This definition
shall not include hotels, motels, bed-and-breakfast inns, or tenants
that have month-to-month leases permitted by N.J.S.A. 46:8-1 et seq.
[Added 3-10-2020 by Ord.
No. O-11-2020; amended 8-8-2023 by Ord. No. O-11-2023]
a.
Short-term rentals will be permitted to be conducted only in the
Town Core Zoning District in the following classifications of property:
1.
Units located in a condominium association, homeowners' association
or cooperative association, where the association's bylaws, master
deed, or other relevant governing documents permit short-term rentals;
2.
Any lawfully existing accessory structure for which a certificate
of habitability has been issued and is located on the same property
as an owner-occupied residence; and
3.
One unit within a two-, three- or four-family property, provided
that the property is owner occupied at the time of rental.
b.
Short-term rentals shall only be permitted in the Town Core Zoning
District. Short-term rentals shall be prohibited uses in all other
zoning districts of the Town of Morristown.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
Responsible parties offering a short-term rental shall be required
to obtain a license from the Division of Property Maintenance to offer
the short-term rental. The applicant for such license shall submit
to the Division of Property Maintenance an application in a form to
be determined by the Clerk, along with a nonrefundable application/registration
fee of $200. Said license shall be valid for a period of one year
from the date of issuance and shall be nontransferable. The Town shall
have discretion to accept and reject such licenses. As part of the
application for a license, the applicant will be required to demonstrate
that the property for the short-term rental is compliant with the
off-street parking requirements of Morristown's Land Development Ordinance.
[Added 3-10-2020 by Ord.
No. O-11-2020; amended 8-8-2023 by Ord. No. O-11-2023]
Responsible parties, offering a dwelling unit for short-term
rental use shall first be required to obtain a certificate of habitability
from the Housing and Property Maintenance Department indicating that
the dwelling unit conforms to the provisions of the Housing and Property
Maintenance Code of the Town of Morristown, New Jersey.[1] This certificate of habitability will be valid for six
months. The fee for the issuance of a certificate of habitability
shall be $60 and shall be payable to the Town of Morristown.
[Added 3-10-2020 by Ord.
No. O-11-2020; amended 8-8-2023 by Ord. No. O-11-2023]
There shall be no sign identifying the short-term rental use,
and there shall be no identification of such short-term rental use
upon any mailbox.
[Added 3-10-2020 by Ord.
No. O-11-2020; amended 8-8-2023 by Ord. No. O-11-2023]
a.
The short-term rental use shall be conducted in a manner that does
not materially disrupt or adversely affect the residential character
of the neighborhood. In particular, the short-term rental shall not
become a nuisance to adjoining residents, and its impact should be
no greater than that of a private home with guests.
b.
No equipment or process shall be used in such short-term rental which
creates glare, fumes, odors, or other nuisance factors detectable
to the human senses outside the lot on which the short-term rental
is conducted. Both the owner of a short-term rental property and the
short-term renters shall comply with all ordinances of the Town of
Morristown, including, but not limited to those ordinances regulating
noise[1] and nuisance conduct. Failure of short-term renters to comply with all such ordinances shall subject the short-term renters and the owner of such short-term rental property to the issuance of fines and/or penalties, as set forth in Subsection 30-221.14 below.
[Added 3-10-2020 by Ord.
No. O-11-2020; amended 8-8-2023 by Ord. No. O-11-2023]
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
Responsible parties shall designate an in-town emergency contact
for all short-term rentals, available at all times if the owner, leaseholder
or property manager is out of town during the time of rental.
[Added 3-10-2020 by Ord.
No. O-11-2020; amended 8-8-2023 by Ord. No. O-11-2023]
Responsible parties shall post the following information in
a prominent location within the short-term rental unit:
a.
Owner name; if owner is an entity, the name of a principal in the
entity, and phone number for the owner (individual);
b.
Leaseholder name.
c.
The name and phone number of the in-town emergency contact, should
the owner or property manager be out of town during the time of rental;
d.
The phone numbers for the Town's Police Department, the Town's Fire
Department, the Town's Code Enforcement Officer;
e.
The maximum number of parking spaces available on-site;
f.
Trash and recycling pickup day, and all applicable rules and regulations
regarding trash disposal and recycling;
g.
A copy of this section;
h.
A copy of the license issued by the Town of Morristown;
i.
A copy of the certificate of habitability issued pursuant to this
section; and
j.
Notification that a short-term renter may be cited or fined by the
Town for violations of, and in accordance with, any applicable ordinance(s)
of the Town.
k.
A daily guest register including the guest name, address, phone number,
date and duration of stay, and the number of guests and guest vehicles
(license plate and make). The guest register shall be available for
inspection by Town officials upon request.
[Added 3-10-2020 by Ord.
No. O-11-2020; amended 8-8-2023 by Ord. No. O-11-2023]
Use of the short-term rentals for commercial events or social
events with non-guests shall be prohibited.
[Added 3-10-2020 by Ord.
No. O-11-2020; amended 8-8-2023 by Ord. No. O-11-2023]
Responsible parties shall include a reference to the license
number issued by the Town of Morristown in all advertising for any
short-term rental.
[Added 3-10-2020 by Ord.
No. O-11-2020; amended 8-8-2023 by Ord. No. O-11-2023]
Responsible parties shall not rent a short-term rental property
to anyone younger than 21 years of age. The primary occupant of all
short-term rentals executing the agreement between the owner and the
occupant must be over the age of 21, and must be the party who will
actually occupy the property during the term of the short-term rental.
The primary occupant may have guests under the age of 21 who will
share and occupy the property with them. Both the primary occupant
executing the short-term rental agreement and the owner of the short-term
rental property shall be responsible for compliance with this provision,
and shall both be liable for a violation, where the property is not
occupied by at least one adult over the age of 21, during the term
of the short-term rental.
[Added 3-10-2020 by Ord.
No. O-11-2020; amended 8-8-2023 by Ord. No. O-11-2023]
Responsible parties who violate this section may be subject to any remedy, legal or equitable, available to the Town. In addition to any monetary penalties imposed pursuant to Chapter 1, § 1-5 of the Morristown Code (entitled "General Penalty"), remedies may include revocation of the short-term rental privilege as permitted under this section.
[Ord. No. O-25-2018, 7-12-2018; amended 8-6-2019 by Ord. No. O-28-2019; 10-27-2020 by Ord. No. O-33-2020; 8-8-2023 by Ord. No. O-11-2023]
Use of basement and attic Generally. An attic or basement may
be a habitable room only in owner-occupied single-family residences,
provided that the requirements of this section are met. It is prohibited
for a residence to have both a habitable basement and a habitable
attic. A deviation from this requirement requires an application for
a use variance made to the Zoning Board of Adjustment, which shall
be considered under the standards applicable to a variance under N.J.S.A.
40:55-70(d).
[Ord. No. O-25-2018, 7-12-2018; amended 8-6-2019 by Ord. No. O-28-2019; 10-27-2020 by Ord. No. O-33-2020; 8-8-2023 by Ord. No. O-11-2023]
a.
Attics shall only be used for storage and mechanical systems unless
the requirements set forth in Paragraph b below are met.
b.
An attic may be a habitable room only in owner-occupied single-family
residences, provided that the following requirements are met, in which
case the attic shall be counted as a 1/2 story. Should approval be
sought for a habitable attic that does not meet the requirements below,
an application for a variance will be made to the Zoning Board of
Adjustment, which shall be considered under the standards applicable
to a variance under N.J.S.A. 40:55-70(c):
1.
Provided that no bedroom currently exists in the basement.
2.
Renovation of attics shall be restricted to one large habitable area
and may not be divided into multiple rooms for habitation, with the
exception of a bathroom. Storage or utility rooms may be erected,
provided that they remain unfinished without locking doors or separate
closets within.
3.
Notwithstanding any provisions to the contrary, attics shall have
ceiling height of at least seven feet, cover a minimum of 120 contiguous
square feet or an area equivalent to 1/3 of the area of the floor
below, whichever is greater.
4.
Ingress and egress to and from the attic is via a permanent interior
stairwell a minimum 36 inches wide with head room meeting the New
Jersey Uniform Construction Code. No exterior stairs or fire escapes
shall be permitted.
5.
The attic shall be an integral part of the single-family home and
shall be used by the household occupying the remainder of the house.
The attic shall not be rented to any third party unaffiliated with
the household or person not having access to and use of the remainder
of the residence.
6.
The attic shall be Sheetrocked and insulated with finished walls
and ceiling.
7.
Firestops shall be installed at the floor level of the attic.
8.
The attic shall have a hardwired smoke detector/carbon monoxide detector.
9.
The attic shall not contain a kitchen, food preparation equipment
or area, kitchen cabinets, countertops or any other furniture, fixtures
or equipment that would facilitate the preparation of food.
10.
In the event the attic is to be used as a bedroom, the following
requirements must be met:
[Ord. No. O-25-2018, 7-12-2018; amended 8-6-2019 by Ord. No. O-28-2019; 10-27-2020 by Ord. No. O-33-2020; 8-8-2023 by Ord. No. O-11-2023]
a.
Basements shall not contain a kitchen or kitchen facilities.
b.
Renovation of basements shall be restricted to one large habitable
area, with no other habitable rooms. Storage rooms may be erected,
provided that they remain unfinished without locking doors or separate
closets within.
c.
Bedrooms shall not be permitted in basements or areas below the first
floor habitable area except in owner-occupied single-family residences
where:
2.
There is a second means of egress conforming to the requirements
of § 13-45(e)(2).
3.
All furnaces or other heating facilities are so located, insulated
and separated from living areas by fireproof partitions or walls necessary
pursuant to the State Uniform Fire Safety Code adopted by the municipality,
the regulations of this Code and all other applicable codes, that
the same do not constitute an undue hazard to the safety and health
of the occupants.
4.
The dwelling units and all walls and floors thereof are free of visible
moisture and seepage at all times.
d.
All basement areas must be attached directly to the dwelling unit
above without passing through a common hallway, nor shall there be
locking doors between the basement habitable area and the dwelling
unit above.
[Ord. No. O-25-2018, 7-12-2018; amended 8-6-2019 by Ord. No. O-28-2019; 10-27-2020 by Ord. No. O-33-2020; 8-8-2023 by Ord. No. O-11-2023]
All basement and attic spaces that were approved prior to the
adoption of this section shall be allowed to continue in use and shall
be considered preexisting, nonconforming areas; provided, however,
that this approval shall only be permitted if:
[Ord. No. O-25-2018, 7-12-2018; amended 8-6-2019 by Ord. No. O-28-2019; 10-27-2020 by Ord. No. O-33-2020; 8-8-2023 by Ord. No. O-11-2023]
In no event shall a certificate of habitability, pursuant to § 13-80 of this Code, be issued upon the transfer of title of any property if there are any violations of the above sections. In order to secure a certificate of habitability in order to effectuate transfer of title in accordance with the provisions of the Code of the Town of Morristown, all work which was installed or performed without the required permits and approvals must be removed.
