[Amended 11-13-2003 by Ord. No. 2003-44[1]]
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.
A.
The purpose of the NC and CC Districts is to provide
areas throughout the Township where retail and service businesses
may be located primarily for the convenience of the Township residents.
B.
The design standards are intended to permit single
or multiple principal buildings and uses on a lot for retail and office
complexes. In all circumstances, the site planning and building designs
shall be completed in a compatible manner with an overall plan for
the development of all lands so zoned in order to coordinate traffic
flow, parking needs, building orientation, landscaping, drainage,
and similar factors which have a relationship to development, whether
implemented cumulatively over a period of years or in one major development
program.
[Amended 7-1-1998 by Ord. No. 1998-12; 12-11-2003 by Ord. No.
2003-51]
C.
The purpose of the LC District is to provide needed
services to the community which are integrally associated with and
promote the recreational potential of the Township's lakes. It is
the purpose of this district to permit uses which will stimulate recreational
interest in the lakes yet prohibit uses which will detract from the
area.
D.
The purpose of the VC District is to provide commercial
uses and services in the center portion of the Township in which the
design elements of the district will be coordinated through site design.
These elements include the location of buildings within proximity
to the street, coordinated parking facilities, a uniform street and
architectural landscape design throughout the Town center corridor.
The VC District is intended to encourage pedestrian movement and congregation.
E.
The purpose of the HC District is to provide areas
in the Township where highway-related commercial activities may be
located in addition to retail and service uses.
F.
The purpose of the RPLS District is to provide for
a transition area for a residential area that has developed historically
with professional and limited service uses.
[Added 11-13-2003 by Ord. No. 2003-44]
G.
The purpose of the OT District is to provide an office
district in a less intensive transition zone between the more intensive
commercial zones and residential zones. The standards are intended
to allow for nonresidential development that has residential character
by establishing such criteria as residential setbacks, controlled
access points and the merging of adjoining parking lots in the side
and rear yards to preserve front yard landscaped areas.
[Added 2-10-2005 by Ord. No. 2005-1]
H.
Within these commercial zones, provision is made for
the reasonable opportunity to locate wireless telecommunications facilities
for the purpose of providing state-of-the-art communications services
to the residents of the Township and the general public, while requiring
standards sufficient to assure the existing rural character and the
design characteristics of the Township and the residents themselves
are not adversely impacted by the siting of these facilities. The
Township encourages innovative designs to enable integrating of wireless
telecommunications facilities into the Township's natural and built
environment in strict accordance with the provisions listed herein.
[Added 12-11-2003 by Ord. No. 2003-51]
A.
Principal permitted uses in the NC and VC Zones shall
be as follows:
(1)
Retail sale of goods and services, serving primarily
the residents of the surrounding neighborhoods, or Township residents
in the case of the Village Commercial Zone as individual uses.
(2)
Restaurants, excluding drive-ins, bars, taverns as
individual uses.
(3)
Professional offices.
(4)
Banks and financial institutions, excluding drive-ins.
(5)
Residential dwelling units above commercial uses.
(6)
Existing single-family residential uses.
(7)
Child-care centers.
(8)
In the VC Zone only: community residences for the
developmentally disabled and community shelters for victims of domestic
violence and homeless/battered women.
(9)
Bed-and-breakfasts.
[Added 1-21-1998 by Ord. No. 1998-1]
C.
Permitted uses in the LC Zone shall be as follows:
(1)
Retail sale of goods and services limited to craft
and specialty shops such as art galleries, antique shops, bakery shops,
book and stationery stores, delicatessens, craft stores, wearing apparel
shops, florist shops and boating and specialty sporting goods stores
in keeping with the commercial and recreation development permitted
in the LC District.
(2)
Restaurants, bars, taverns and nightclubs as individual
uses, except that there shall be no drive-in business.
(3)
Professional offices, banks and financial institutions,
excluding drive-ins.
(4)
Theaters and bowling alleys.
(5)
Active recreational facilities, but limited to those
activities and facilities oriented towards health and physical fitness
such as tennis or racquet ball facilities and health clubs.
(6)
Marinas. The marina may include boat sales, dealerships
and the sale of related sporting goods, as well as ancillary uses
such as restaurants, taverns and boat repair facilities.
(7)
Child-care centers.
(8)
Bed-and-breakfasts.
[Added 1-21-1998 by Ord. No. 1998-1]
(9)
Hotels and motels.
[Added 1-21-1998 by Ord. No. 1998-1]
D.
Permitted uses in the HC Zone shall be as follows:
(1)
All uses permitted in the NC Zone with the exception
of residential dwellings of any kind.
(2)
Banks and financial institutions, excluding drive-ins.
(3)
Furniture stores, theaters.
(4)
Garden centers engaged in the retail sales of living
plant material and related garden equipment.
(5)
Child-care centers.
(6)
Bed-and-breakfasts.
[Added 1-21-1998 by Ord. No. 1998-1]
E.
Principal permitted uses in the RPLS Zone shall be
as follows:
[Added 11-13-2003 by Ord. No. 2003-44]
(1)
Residential dwelling units in accordance with the
R-1 Zones.
(2)
Retail sales of goods and services limited to the
craft and specialty shops, such as art galleries, antique shops, craft
stores and florist shops.
(3)
Professional offices, including physicians, dentists,
accountants, attorneys, and other recognized professions by the State
of New Jersey.
(4)
Business and personal service offices, including real
estate, insurance, tax preparation, and similar uses.
(5)
Child-care centers.
(6)
Community residences for the developmentally disabled
and community shelters for victims of domestic violence and homeless/battered
women.
(7)
Bed-and-breakfasts.
(8)
Garden centers.
(9)
Services including or similar to hairdressers, barber
shops, taxi and limousine services.
F.
Wireless telecommunications facilities in the NC,
VC, CC, LC and HC Zones, provided that the subject property or properties
are improved with a principally permitted use, subject to the following:
[Added 12-11-2003 by Ord. No. 2003-51]
(1)
Proposed antennas shall comply with the following
criteria, as applicable:
(a)
Antennas being placed on public streetlights,
telephone poles and utility stanchions, the height of the antennas
shall not exceed five feet above the existing pole or stanchion. The
support equipment is subject to:
(b)
Monopoles or lattice towers that were approved by the Planning Board or Zoning Board prior to the enactment of this Subsection F, but not extending the height of the support structure.
(c)
Wireless telecommunications facilities disguised
within new or existing church steeples, freestanding clock towers,
freestanding flagpoles or decorative light stanchions, as follows:
[1]
The height of the structure shall not exceed
60 feet.
[2]
Freestanding flagpoles, freestanding clock towers and decorative light stanchions shall maintain the accessory building setbacks as specified in § 500-28 and shall maintain a minimum front yard setback of 10 feet.
[3]
Freestanding flagpoles, freestanding clock towers
and decorative light stanchions shall not impede vehicular or pedestrian
traffic nor cause sight distance impediments for vehicles entering
or exiting a site.
(d)
Roof structures, provided that no aspect of
the wireless telecommunications facility is visible from ground level
when viewed from street frontage.
(2)
Equipment shelters to service antennas not located
on telephone poles or streetlights shall be set back a minimum of
15 feet from all property lines and shall be camouflaged in a structure
that is architecturally complementary to the antenna camouflage and
the surrounding buildings, or may be located on the roof, provided
that no aspect of the wireless telecommunications facility is visible
from ground level when viewed from street frontage.
(3)
All facilities shall be suitably secured in accordance with § 500-68, Fences, walls and sight triangles, of this chapter.
(4)
Landscaping as screening shall be provided around
the security fencing.
(5)
All electrical connections, wires and conduit from
the antenna structures to the ground structures shall be installed
underground.
(6)
In the event such wireless telecommunications facilities
are abandoned or not operated for the use as approved for a period
of six months, the same shall be removed, at the option of the Township,
at the sole expense of the property owner.
G.
Permitted uses in the OT Zone shall be as follows:
[Added 2-10-2005 by Ord. No. 2005-1]
A.
Off-street parking.
C.
Garages, storage buildings and toolsheds.
D.
Outside storage areas for vehicles in the HC District, but only as provided for in § 500-29C. The number of vehicles permitted shall be outlined in site plan approval.
E.
Temporary construction trailers and one sign not exceeding
100 square feet, advertising the prime contractor, subcontractor,
architect, financing institution and similar data for the period of
construction, beginning with the issuance of a construction permit
and concluding with the issuance of a certificate of occupancy for
one year, whichever is less, provided the trailer and sign are on
the site where construction is taking place and are set back at least
15 feet from all street and lot lines.
F.
Accessory apartments in the NC, VC, LC, RPLS and CC Zones, as provided for in § 500-31.
[Amended 11-13-2003 by Ord. No. 2003-44]
H.
Accessory uses in the OT Zone shall be as follows:
[Added 2-10-2005 by Ord. No. 2005-1]
(3)
Off-street parking and loading, which shall be located
to the side and rear of the structure and not within the required
buffer areas. Access drive(s) are permitted within the front yard
setback and buffer areas. Access drive(s) are permitted in the side
yard setback and buffer areas, provided that the purpose of the encroachment
is to provide for shared parking between adjoining properties.
(4)
Accessory structures.
(8)
Residential agriculture.
(9)
Site lighting.
[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
| ||
A.
Maximum building height. No building shall exceed
35 feet in height.
B.
Buffers areas.
(1)
At least the first 20 feet adjacent to any street
line and 10 feet adjacent to any side or rear lot line shall not be
used for parking and shall be planted and maintained as lawn area,
ground cover, or landscaped with suitable plant material.
(2)
For any lot over five acres in size, the first 50 feet adjacent to any street and rear lot lines and 20 feet adjacent to any side lot line shall not be used for parking and shall be landscaped as per Subsection B(1) above.
C.
No merchandise, products, equipment or similar material or objects shall be displayed or stored outdoors, except that vehicle repair garages and body shops in the HC District may have an outdoor storage area for vehicles awaiting repair, provided such outdoor storage area shall not exceed 20% of the lot area and is located in the rear yard only, and shall be enclosed by a fence, wall, plant material, or combination thereof in order to provide a visual barrier between the storage area and any street, residential zoning district, or existing residential use. The outdoor storage of boats and boat trailers in the LC Zone shall be permitted as a conditional use as provided for in § 500-103 of this chapter.
D.
In the VC Zone, no building shall be located farther
than 20 feet from the front property line in order to encourage and
promote the intent of the Village Commercial Zone.
E.
In the VC Zone, there shall be no parking permitted
in the front yard of any building, and all front yards shall be landscaped
and designed to encourage pedestrian movement through the construction
of sidewalks and plazas. Shared parking is to be encouraged wherever
possible.
F.
All building walls facing any street or residential
district line shall be suitably finished for aesthetic purposes. All
buildings in shopping centers shall be compatibly designed whether
constructed all at one time or in stages over a period of time.
G.
All areas not utilized for buildings, parking, loading,
access aisles and driveways, or pedestrian walkways shall be suitably
landscaped with shrubs, ground cover, seeding or similar plantings.
H.
Where more than one building is permitted per lot,
side yards are required between buildings with the respective side
yard being equal to the height of the highest of the buildings which
the side yard shall separate, or 30 feet, whichever is greater, unless
the buildings are a portion of a planned use area.
I.
[2]
Editor's Note: Former Section 18-4.5J, Wireless
telecommunications facilities, added 7-1-1998 by Ord. No. 1998-12,
which previously followed this subsection, was repealed 12-11-2003
by Ord. No. 2003-51.
J.
General requirements specific to the OT Zone shall
be:
[Added 2-10-2005 by Ord. No. 2005-1]
(1)
Hours of operation for nonretail uses shall be 6:00
a.m. to 10:00 p.m., except that bed-and-breakfasts shall not have
limits to hours of operation.
(2)
Site lighting shall be in accordance with § 500-69, except that the fixture mounting height shall not exceed 15 feet. Lighting associated with the permitted, nonresidential uses shall be turned off from 10:00 p.m. to 6:00 a.m., except that one parking lot light with a motion sensor may be used if approved by the reviewing Board at the time of site plan review. Bed-and-breakfasts shall not have limits to site lighting.
(4)
All building walls facing any street or residential
district line shall be architecturally residential in character.
A.
Storage of contractors' equipment shall be housed
in a building and not stored outdoors.
B.
The accessory building shall not exceed the size of
the principal building (ground floor area) and, in any case, shall
not exceed 1,500 square feet.
C.
Contractors' storage buildings shall be located in
the rear yard only and be set back a minimum of 25 feet from the side
and rear property line.
D.
A buffer of 25 feet shall be established along any
common property line with a residential district or use.
A.
Lot size and density. The minimum lot size in a commercial
zone in which apartments are permitted shall be one acre. The total
density of apartments shall be two apartments per acre of land. In
no case shall there be more than eight apartments on any commercial
site within the designated zones. The total square footage of the
building area utilized for apartments shall not exceed the total gross
square footage or floor area of the associated commercial uses on
the site.
B.
Apartment size. Each apartment shall have a minimum
of 600 square feet. No apartment shall have a floor area that exceeds
800 square feet.
C.
Prohibited uses. Apartments over uses which would
not be compatible with a residential use shall be prohibited. These
uses may include but are not limited to auto repair, gas stations,
mini-storage centers, lumberyards, industrial-type uses, etc.
D.
Unit access. Separate access to the apartment shall
be provided through an interior entrance and hallway. No outside entrances
directly to the apartment units are permitted.
E.
Parking. A minimum of 1.5 parking spaces for each
dwelling unit shall be provided. Parking shall be placed so that it
does not interfere with access to and from the property or from the
commercial operation of the building.
F.
Utilities. Each commercial/apartment site shall meet
all Township and state health codes for the supply of water and sewer
facilities. The applicant shall have the utilities approved for water
yield and septic capacity prior to the approval of any accessory apartment.
G.
Open space. Apartments may have open balconies or
terraces or patios. These shall only be constructed on the rear of
the building. Suitable open recreational space shall be provided on
the site in question to permit passive recreational activities. Such
activity areas shall not be placed in the front yard of the site and
shall be encouraged to be placed in proximity of a natural resource
if practicable.
A.
Each activity shall provide for off-street loading
and unloading with adequate ingress and egress from streets and shall
provide such areas at the side or rear of the building. Each space
shall be at least 15 feet by 40 feet. There shall be no loading or
unloading from the street.
B.
Individual uses shall provide one space for the first
5,000 square feet of gross floor area or fraction thereof in each
building and one additional space for each additional 7,000 square
feet of gross floor area or fraction thereof. Loading area requirements
may be met by combining the floor area of several activities taking
place under one roof and applying the above ratios.
C.
Shopping center proposals shall be reviewed on a case-by-case
basis to establish the adequacy of proposed loading facilities.
D.
There shall be at least one trash and garbage pickup
location provided by each building which shall be separated from the
parking spaces by either a location within the building or in a pickup
location outside the building which shall be a steel-like, totally
enclosed container located in a manner to be obscured from view from
parking areas, streets and adjacent residential uses or zoning districts
by a fence, wall, planting, or combination of the three. If located
within the building, the doorway may serve both the loading and trash/garbage
functions, and if located outside the building, it may be located
adjacent to or within the general loading areas provided the container
in no way interferes with or restricts loading and unloading functions.
All sites will provide for recycling of usable materials and if compactors
are used they will be adequately enclosed to prevent nuisance, either
visual or noise related.
F.
There shall be no off-street loading area requirement
in the Office Transition Zone.
[Added 2-10-2005 by Ord. No. 2005-1]
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.
C.
D.
Conditional uses in the HC Zone shall be as follows:
A.
Purpose. It is the purpose of this section to provide
a procedure by which persons may be allowed to sell and store Christmas
trees and other cut evergreens on a temporary basis during the pre-Christmas
season and to provide for adequate control over such temporary establishments
in order to protect the public health, safety and welfare and to make
provision for proper cleanup after the cessation of such temporary
operation.
B.
Designated zone. Seasonal/temporary retail sales of
Christmas trees shall be permitted in the VC, NC, CC, HC and LC Zones
only, and only if the terms of this section are fully complied with.
C.
Permit required. No property shall be utilized for
the temporary sale of trees, wreaths, and other similar decorations
("Christmas trees") during the Christmas season without the issuance
of a temporary permit from the Construction Official, after a satisfactory
fire safety inspection of the proposed sale site.
D.
Term of permit. No permit shall be issued for a period
longer than 42 days, and all permits shall expire on December 31 of
the year in which issued.
E.
Hours of operation. The sales of Christmas trees shall
occur between the hours of 9:30 a.m. and 9:30 p.m. only.
F.
The temporary sale and storage of Christmas trees
shall be restricted as follows:
(1)
No Christmas tree shall be stored within 50 feet of
any wooden frame structure.
(2)
No Christmas tree shall be placed upon any sidewalk.
(3)
No Christmas tree shall be placed upon that portion
of a corner lot which is closer to the intersection of the bounding
street lines than a straight line drawn between two points measured
25 feet along each such street line from the intersection of those
two street lines.
(4)
No Christmas tree shall be stored or sold on lots
on which there is a principal residential use.
(5)
Off-street vehicular circulation and parking for at
least 10 vehicles shall be maintained.
(6)
Two signs shall be permitted on the site and such
signs shall not exceed a total of 25 square feet in the NC and VC
Zones, and 32 square feet in the CC, LC and HC Zones. No sign shall
be a type that flashes, rotates or moves or one which incorporates
moving components. Such signs and all their supports shall be at least
10 feet from any building or structure and 10 feet from any side or
rear lot line and shall be located back from the street line a distance
of not less than five feet in the VC, NC, CC and LC Zones and 10 feet
in the HC Zone.
(7)
Exterior lighting illumination patterns shall not
intrude upon adjacent properties or otherwise extend beyond the property
line of the lot upon which the Christmas trees are displayed for sale.
G.
Permit fee and bond.
(1)
The fee for a permit to sell Christmas trees in accordance with this section shall be set forth in Chapter 414, Fees, Land Development.
[Amended 12-5-2007 by Ord. No. 2007-030]
(2)
The applicant shall post a cash bond in the sum of
$200, such sum to defray the Township's costs and otherwise assure
that all Christmas trees shall be removed from the premises for disposal
not later than January 1 of each year. The application shall constitute
a limited right-of-entry and the cash bond may be appropriated to
effectuate such purposes, in the event of the vendor's default.
H.
Exemptions. This section only applies to the temporary
use of land for the retail sale of Christmas trees. Premises used
throughout the year for the sale of trees, shrubbery, plants, farm
produce and other similar landscaping or agricultural products shall
be exempt from the provisions of this section.
I.
Appeals. Any person aggrieved by a decision of the
Construction Official with reference to the issuance of a permit may
appeal such decision to the Township Administrator by notifying the
Township Clerk of the intent to appeal within 10 days of the applicant's
receipt of the Construction Official's decision. The Township Administrator
shall then schedule a hearing on such appeal within 10 days of receipt
of the notice of appeal, at which time the applicant may present evidence.
[Amended 9-1-2004 by Ord. No. 2004-6]
[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.
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.
