[Amended 11-13-2003 by Ord. No. 2003-44]
The regulations set forth in this article shall
apply to the NC Neighborhood Commercial, CC Community Commercial,
LC Lake Commercial, VC Village Commercial, HC Highway Commercial Districts,
RPLS Residential and Professional/Limited Service Districts and the
OT Office Transition Zone.
[Amended 11-13-2003 by Ord. No. 2003-44]
A. Area and yard requirements for the NC, LC, CC, HC,
VC and RPLS Zones are as follows:
|
|
|
Zone
|
---|
|
|
|
NC
|
LC, CC, HC
|
VC
|
RPLS
|
---|
|
Principal buildings
|
|
|
|
|
|
|
Lot area (acre)
|
1/2
|
1
|
1/2
|
1
|
|
|
Lot frontage (feet)
|
100
|
150
|
100
|
150
|
|
|
Lot width (feet)
|
100
|
150
|
100
|
150
|
|
|
Lot depth (feet)
|
100
|
150
|
—
|
150
|
|
|
Side yard, each (feet)
|
15
|
25
|
15
|
15
|
|
|
Front yard (feet)
|
35
|
50
|
10-20
|
50
|
|
|
Rear yard (feet)
|
35
|
50
|
50
|
50
|
|
|
FAR (applies to retail uses only)
|
0.26
|
0.26
|
—
|
0.15
|
|
Accessory buildings
|
|
|
|
|
|
|
Distance to side line (feet)
|
15
|
25
|
15
|
15
|
|
|
Distance to rear line (feet)
|
15
|
15
|
20
|
20
|
|
|
Distance to other building (feet)
|
15
|
20
|
10
|
20
|
|
Maximum combined building coverage of principal
and accessory buildings (nonretail uses)
|
25%
|
25%
|
50%
|
25%
|
|
Total maximum impervious area coverage (retail
uses)
|
66%
|
66%
|
85%
|
66%
|
|
Total impervious area coverage (nonretail uses)
|
60%
|
60%
|
85%
|
66%
|
B. Area and yard requirements for the OT Zone are as
follows:
[Added 2-10-2005 by Ord. No. 2005-1]
|
OT Zone
|
---|
|
Principal buildings
|
|
|
|
Minimum lot area
|
1 acre
|
|
|
Minimum lot width
|
150 feet
|
|
|
Minimum front yard
|
50 feet
|
|
|
Minimum side yard
|
30 feet
|
|
|
Minimum rear yard
|
50 feet
|
|
|
Maximum building height
|
2 stories, not exceeding 35 feet
|
|
|
Maximum lot coverage
|
50%
|
|
Accessory buildings
|
|
|
|
Minimum side yard
|
15 feet
|
|
|
Minimum rear yard
|
35 feet
|
|
|
Maximum height
|
20 feet
|
Where a permitted use of land includes different
specific activities with different specific parking requirements,
the total number of required parking spaces shall be obtained by individually
computing the parking requirements for each different activity and
adding the resulting numbers together. In adjacent commercial uses,
combined parking and access will be encouraged. Each individual use
shall provide parking spaces according to the following minimum provisions:
A. Local retail and service activities and shopping centers
shall provide parking at the ratio of five spaces per 1,000 square
feet of gross floor area.
B. Restaurants, bars, and taverns shall provide a minimum
of one space for every three seats, but in all cases a sufficient
number of spaces to prevent any parking along public rights-of-way
or private driveways, fire lanes and aisles.
C. Department stores shall provide parking at the ratio
of seven spaces per 1,000 square feet of gross floor area.
D. Garden centers shall provide parking at the ratio
of six spaces per 1,000 square feet of gross floor area of buildings
plus one-half space per 1,000 square feet of outside storage, sale
or display area.
E. Banks and offices shall provide parking at the ratio
of five spaces per 1,000 square feet of gross floor area.
F. Theaters shall provide one space for every four seats.
G. Bowling alleys shall provide four spaces per bowling
lane.
H. Apartments shall provide 1.5 spaces for each living
unit.
I. Marinas shall provide 0.5 space for every boat slip
and additional spaces for accessory uses, i.e., retail sales, restaurant,
the requirements for which are included in this section.
J. Racquetball and tennis facilities shall provide five
spaces for each court. Health clubs and other recreational facilities
shall provide one space for every 100 square feet of floor area.
K. Furniture and appliance retail uses shall provide
one space for every 400 square feet of retail floor area and one space
for every 800 square feet of storage or warehouse space.
L. Bed-and-breakfasts shall provide one space per guest
room in addition to the required two spaces for the permanent residence.
[Added 1-21-1998 by Ord. No. 1998-1]
M. Hotels and motels shall provide 1.25 spaces per room.
[Added 1-21-1998 by Ord. No. 1998-1]
N. See Article
IX, General Provisions and Design Standards, of this chapter for additional standards.
O. In the OT Zone, nonretail uses shall provide parking
at the ratio of one space per 300 square feet of business space.
[Added 2-10-2005 by Ord. No. 2005-1]
[Amended 7-1-1998 by Ord. No. 1998-12; 12-11-2003 by Ord. No.
2003-51]
Penthouses or roof structures for the housing
of stairways, tanks, ventilating fans, air-conditioning equipment
or skylights, spires, cupolas, flagpoles, chimneys or similar structures
may be erected above the height limits prescribed by this chapter,
but in no case more than 25% more than the maximum height permitted
for the use in the district, except for residential dwellings as permitted
in this chapter, and except that farm silos shall have no height restrictions.
See Article
X, Conditional Uses, of this chapter.
A. Conditional uses in the NC and the VC Zone shall be
as follows:
(1) Service stations, except in the VC Zone.
B. Conditional uses in the CC Zone shall be as follows:
C. Conditional uses in the LC Zone shall be as follows:
(4) Outdoor storage of boats and boat trailers as principal
and accessory uses.
(5) Boat storage buildings and boat trailer storage as
principal and accessory uses.
D. Conditional uses in the HC Zone shall be as follows:
(5) Automobile sales establishments.
[Added 5-6-2009 by Ord. No. 2009-007; amended 7-22-2009 by Ord. No.
2009-016]
A. Purpose. The purpose of this section is to permit and regulate the
outdoor display and sale of merchandise within the Township of West
Milford in such a manner as to protect the public's health and safety
and to ensure the integrity of the Township's land use plan and zoning
regulations.
B. Designated zones. Temporary outdoor commercial sales events and farmers' markets shall be permitted on any property in the NC, VC, CC, HC and LC Zone Districts where said property satisfies the minimum lot area standards of the applicable zone district. Said activities shall also be permitted in any zone district upon lands owned by the Township of West Milford, the West Milford Board of Education and on the grounds of a house of worship where the property in question is in compliance with the standards set forth in Chapter
500, Article
X, Conditional Uses, §
500-94, Houses of worship.
C. Permit required. No property shall be utilized for a temporary outdoor commercial sales event or for the purpose of establishing a seasonal farmers' market as defined in Chapter
420 without the issuance of either a temporary outdoor commercial sales event permit or a seasonal farmers' market permit, as applicable, from the Township's Administrative Officer or Zoning Officer in accordance with the provisions of this chapter.
D. Term of permit.
(1)
A temporary outdoor commercial sales event permit shall be required
for each sales event, with a maximum of six events per calendar year
for any property within West Milford Township. An event conducted
over the course of two consecutive days shall constitute a single
event for the purposes of issuing a permit and shall count as a single
event towards the total of six events permitted per property within
a calendar year. No permit under this section shall be valid for more
than two consecutive days.
(2)
A seasonal farmers’ market permit shall be required for
each seasonal event. One permit shall cover the entire duration of
the seasonal event permitted within the time period from mid-May through
mid-October of each calendar year. The sponsor of the seasonal farmers'
market shall be responsible to secure said permit, which shall cover
any and all vendors participating in the event.
[Amended 5-22-2013 by Ord. No. 2013-011]
E. Hours of operation. Functions authorized by a temporary outdoor commercial
sales event permit or a seasonal farmers' market permit shall be limited
to hours between 9:00 a.m. and 9:00 p.m.
F. All temporary outdoor activities shall adhere to the following standards:
(1)
Applicant shall be responsible for securing all requisite permits
from the Township's Construction Code Official and subcode officials
and from the Township's Health Department, if applicable. Applicant
shall abide by any and all provisions to ensure the public's health,
safety and welfare that may be attached as conditions of a temporary
outdoor commercial sales permit as determined by the Township, including,
but not limited to, the Police, Health and Planning Departments.
(2)
No structures, tables, stalls or other appurtenances shall obstruct
a sidewalk or emergency access lane.
(3)
Temporary signage shall be subject to §
500-160 of this chapter.
G. Permit fee. The fee for a temporary outdoor commercial sales permit and a seasonal farmers' market permit shall be as set forth in Chapter 400, §
414-6.
H. Exemptions. The display and sale of merchandise by nonprofit organizations
for fundraising purposes shall be exempt from the requirements of
this section.
I. Appeals. Where there is a dispute regarding a decision by the Township's
Administrative Officer or Zoning Officer as to whether an activity
qualifies for a permit under this section, the matter shall be referred
to the West Milford Zoning Board of Adjustment for a determination
pursuant to N.J.S.A. 40:55D-70a.