Township of West Milford, NJ Article X Conditional Uses

§ 500-92 Application and review.

A. Application for a conditional use shall be made to the Planning Board pursuant to N.J.S.A. 40:55D-67, or to the Board of Adjustment when permitted under N.J.S.A. 40:55D-76.

B. Review procedures.

(1) The Planning Board shall grant or deny the application within 95 days of submission of a complete application or within such further time as may be consented to by the applicant. The review by the Planning Board of a conditional use shall include any required site plan review, and the ninety-five-day review period shall apply to the site plan review as well.

(2) The Board of Adjustment reviewing the application pursuant to N.J.S.A. 40:55D-76 shall approve or deny the application within 120 days of submission of a complete application.

(3) Failure of the Planning Board or Board of Adjustment to act within the period prescribed shall constitute approval of the application, and a certificate of the administrative officer as to the failure of the Board to act shall be issued on request of the applicant.

C. The applicant shall give notice of the hearing on the application pursuant to § 420-9F of the Land Development Ordinance.

§ 500-92.1 Exceptions and supplemental regulations to bulk and area requirements.

[Added 10-20-2021 by Ord. No. 2021-035]

A. Building elements. Building elements which are permitted encroachments into setback requirements include, but are not limited to, overhangs or porticos, awnings, steps, porches, balconies, bay and box windows, fireplaces or chimneys, and heating or air-conditioning units provided that no encroachment is more than half the total distance of the required setback.

B. Setback exemptions. Patios/terraces, fences of any height and structures less than one foot in height are exempt from setbacks requirements; however, all structures including fences should be set at least one foot off of the property line.

C. Minor accessory structures. Minor accessory structures are permitted to encroach into side and rear property setbacks subject to the following limitations:

(1) Minor accessory structures may be located within the side yard and rear yard setbacks provided that a minimum of five feet is maintained for clear access between the minor accessory structure and any other structure or property line.

(2) Minor accessory structures shall be limited to a maximum height of 12 feet.

(3) Minor accessory structures shall count towards the total accessory building coverage.

D. Decks.

(1) Decks attached to the principal building shall be permitted to encroach into principal building side and rear yard setbacks provided that no encroachment is more than half the total distance of the required setback.

(2) Decks detached from the principal building shall be permitted to encroach into accessory building side and rear yard setbacks provided that no encroachment is more than half the total distance of the required setback.

(3) No deck shall cover more than 50% of the rear yard or 50% of either side yard.

§ 500-93 Issuance of a permit.

The Planning Board or Board of Adjustment shall not authorize the issuance of a permit for a conditional use unless it shall find that such use:

A. Is a use permitted as a conditional use in the zone district.

B. Meets all the required conditions for said zone district, except where the conditions hereinafter set forth specifically amend such conditions.

C. Meets the requirements set forth for the particular conditional use hereafter described.

§ 500-94 Houses of worship.

A. Houses of worship shall have a minimum lot area of three acres with a minimum lot width of 300 feet and minimum lot depth of 500 feet.

B. B. Principal structures shall include the house of worship building and any educational building. Accessory buildings include any residence for priest, pastor, etc., or nuns, etc., and any hall, auditorium or any other building complementary to the function of the institution. Maximum building coverage shall be 8% for principal buildings and 2% for accessory buildings.

C. Houses of worship shall provide one parking space for every five seats. One seat shall be considered 22 inches in calculating the capacity of pews or benches.

D. All parking shall be located in the rear or side yard at a minimum distance of 50 feet from any property line and shall be screened from view from adjacent properties.

§ 500-95 Schools.

A. No uses other than educational, community affairs and related uses shall be permitted on the lot.

B. Playgrounds shall be placed in the side or rear yards and be set back a minimum of 50 feet from side and rear lot lines.

C. The minimum lot size shall be three acres with a minimum lot width of 250 feet and minimum lot depth of 300 feet.

D. Maximum building coverage shall be 8% for principal buildings and 2% for accessory buildings.

§ 500-96 Essential services.

A. The minimum lot size shall be 1/2 acre.

B. A buffer shall be required as follows:

(1) Thirty feet along any common property line with a residential district or use.

(2) Twenty feet along any other property line.

C. A landscaped strip shall be provided along the front yard for a width of 25 feet parallel to the street line.

§ 500-97 Service stations.

A. The minimum lot size for service stations shall be one acre, and the minimum frontage shall be 150 feet.

B. No service station shall be located within 500 feet of any firehouse, school, playground, house of worship, or hospital.

C. All appliances, and storage areas, other than fuel pumps or air pumps, shall be within a building. Fuel pumps and air pumps shall be permitted within the required front yard space of service stations, but shall be no closer than 50 feet to any proposed street line. All lubrication, repair or similar activities shall be performed in a fully enclosed building, and no dismantled parts shall be displayed outside of an enclosed building.

D. A landscaped strip shall be provided along the front yard 20 feet wide parallel to the street line and 10 feet wide along the side and rear lines.

E. A minimum buffer area of 35 feet shall be provided along any common property line with a residential district or use. The buffer shall contain a staggered double row of coniferous trees, at least five feet high off the ground at the time of planting to act as a screen.

F. Impervious coverage shall not exceed 35%.

G. Maximum building coverage for principal and accessory buildings shall not exceed 10%.

H. The width at the entrance and exit drives shall be 35 feet.

I. Canopies over gas pumps may be erected. If they are, the following conditions shall apply:

(1) The canopy shall have a pitched roof that is compatible in design and coloration with the service station.

(2) The canopy is to be of a height of not less than 14 feet over pavement to allow passage of fuel delivery trucks underneath the canopy.

J. The applicant shall provide suitable disposal and/or recycling plans for engine fluids, antifreezes, oils, car parts, batteries and tires.

K. Trash dumpsters shall be on a depressed concrete pad suitable for containment of fluids.

L. Service stations shall provide six parking spaces for the first lift, wheel alignment pit or similar work area, five additional spaces for a second work area, and an additional three spaces for each additional work area. Such spaces shall be separated from the driveway and general apron areas which give access to the gasoline and air pumps and service areas. No designated parking space shall obstruct access to such facilities.

§ 500-98 Automobile sales establishments.

A. The minimum lot size for automobile sales establishments shall be two acres.

B. The maximum impervious coverage shall be 40%.

C. Ten parking spaces shall be provided for customer convenience, separated from vehicular displays and not used by employees.

§ 500-99 Car washes.

A. The minimum lot size for car washes shall be one acre.

B. A water recycling plan shall be submitted. Advanced treatment of liquid, including biodegradable products, and a dual black water/gray water system is required. Discharge to groundwater standards as required by the New Jersey Department of Environmental Protection shall apply.

C. Runoff from wet cars that exit the car wash shall be included in the stormwater plan so that all water is contained on site.

D. Three access lanes for each mechanized car wash entrance shall be provided. Each lane must have the capacity for 12 vehicles.

E. All mechanical activities shall be conducted within a totally enclosed building.

F. An escape exit shall be provided for vehicles that cannot go through the conveyor.

G. Exit lanes from the car wash shall provide standing room for four cars per lane at the exit of the car wash.

H. Front yards must be landscaped.

I. Twenty-foot landscaped buffers along side and rear yards are required.

J. An architectural design which is compatible with the size, composition, coloration of the surrounding commercial uses is required.

K. Car washes shall provide three access lanes for each mechanized car wash entrance with each lane having a minimum capacity for 12 vehicles, one separate parking space for each waxing, upholstery cleaning or similar specialized service area, and one parking space for every two employees. All vehicle entrances shall be from the rear of the building, and all parked and waiting vehicles shall be accommodated on the lot.

§ 500-100 Drive-in and fast-food restaurants.

A. Separate entrance and exit driveways must be provided with one-way on-site circulation.

B. Stacking for each drive-in window shall accommodate 10 cars on site.

C. Internal vehicle circulation shall be designed in a manner to protect pedestrian safety; in particular, all vehicle circulation must be designed to be at least 15 feet from any door.

D. The applicant must provide a maintenance agreement for litter control and landscaping, including garbage receptacles on site.

E. A landscaped area of at least 20 feet in width shall be provided along any property line.

§ 500-101 Drive-in banks.

A. Drive-in windows are permitted only if attached to a main bank building.

B. Minimum acreage for a drive-in bank is one acre.

C. All stacking, parking and circulation shall be on site.

D. The stacking capacity for each drive-in window which must be provided shall be 10 cars for the first window and seven cars for each additional window.

E. A landscaped area of at least 20 feet wide shall be provided along any property line.[1]

[1] Editor's Note: Former Section 18-10.11, Hotels and motels, which previously followed this section, was repealed 1-21-1998 by Ord. No. 1998-1.

§ 500-102 Community buildings and clubhouses.

A. Minimum requirements.

(1) Lot area: one acre.

(2) Lot frontage: 100 feet.

(3) Width: 100 feet.

(4) Depth: 200 feet.

(5) Side yard: 50 feet.

(6) Front yard: 40 feet.

(7) Rear yard: 60 feet.

B. The front, side and rear yard setbacks as specified in Subsection A shall be established as a buffer as defined in § 420-6, Definitions, of the Land Development Ordinance, except that access shall be permitted within the front yard.

C. Front, side or rear yards abutting a lake shall have no setback requirements for that yard.

D. Storage buildings or toolsheds as accessory structures for community buildings/clubhouses.

E. Parking in connection with community buildings/clubhouses shall not be located within required setbacks. Said parking area shall not exceed 10% of the lot area.

F. Landscaping and screening shall be provided, and building design shall be of a nature consistent with the character of the neighborhood in which the use is to be located.

§ 500-103 Outdoor storage of boats and boat trailers.

A. Outdoor boat storage as a principal use.

(1) Bulk requirements for the outdoor storage of boats and boat trailers as a principal use in the property shall be the same as required for principal buildings except that the rear yard setback shall be 75 feet and the lot depth shall be 200 feet.

(2) Direct access shall be provided to each stored boat and boat trailer by means of gravel aisles with a minimum thickness of four-inch quarry process stone.

(3) Minimum car parking shall be provided at the ratio of one per each employee within a workday, plus one space for each 10 boat storage spaces.

(4) Open stacked storage shall not exceed three tiers. The total height, including the stored boat in the highest tier, shall not exceed 21 feet in height at its highest point as measured from the finished grade elevation at the mean point of the storage row.

(5) Outdoor storage of boats and trailers shall not be permitted in the front yard.

(6) Outdoor storage of trailers shall be screened from view by fencing, walls, or plantings.

(7) The minimum buffer shall be 25 feet, except that a buffer of 75 feet shall be established along a residential use or zone. This buffer, if wooded, shall remain wooded, and if open, shall be planted and left undisturbed by development.

(8) The area for the outdoor storage of trailers shall be delineated on the site plan and shall be suitably surfaced for maintenance purposes.

(9) Any on-site office space utilized in the operation of boat storage shall be considered part of the principal use for the outdoor storage of boats and boat trailers.

B. Outdoor boat storage as an accessory use.

(1) Outdoor storage of boats and boat trailers as an accessory use shall comply with the bulk requirements for principal use except that the rear yard setback shall be 75 feet, and the lot depth shall be 200 feet. The location for the open boat storage shall be clearly delineated and shall not exceed either 10% of the total lot area or the combined maximum building coverage of 25% for all buildings on the lot, including the proposed boat storage area, whichever is less.

(2) The minimum buffer shall be 25 feet except that a buffer of 75 feet shall be established along a residential use or zone. This buffer, if wooded, shall remain wooded, and if open, left undisturbed by development.

(3) Outdoor storage of boats and trailers shall not be permitted in the front yard.

(4) Outdoor storage of trailers shall be screened from view by fencing, walls, or plantings.

(5) The area for outdoor storage of trailers shall be delineated on the site plan for review purposes.

§ 500-104 Boat storage buildings and boat trailer storage.

A. Boat storage buildings and boat trailer storage as a principal use.

(1) Loading access to any boat storage structure shall not directly face any perimeter property line, but rather shall face towards the interior of the lot.

(2) Trailer storage must be incidental to the boat storage.

(3) Trailer storage areas must be screened by fencing, walls, or landscaping.

(4) Parking must be provided at a ratio of one space per each employee within a workday plus one space for each 10 boat storage spaces.

B. Boat storage buildings and boat trailer storage as an accessory use.

(1) The bulk requirements for accessory buildings set out in § 500-28 shall be complied with.

(2) The structure shall not exceed 10% of the total lot area or a combined maximum building coverage of 25% for all buildings on the lot, including the proposed boat storage building, whichever is less.

(3) Loading access to the structure shall not directly face any perimeter lot line, but rather shall face the interior of the lot.

§ 500-105 Senior citizens' housing in R-2 Zone.

[Added 5-1-1996 by Ord. No. 1996-13]

A. Property shall be located within a center, as delineated by the West Milford Planning Board.

B. Property area and setback requirements shall be as follows:

	Criteria	Requirement
	Minimum lot area	5 acres
	Minimum lot width	350 feet
	Minimum front yard setback and buffer*	50 feet
	Minimum side yard setback and buffer*	50 feet
	Maximum floor area ratio (FAR)	0.38

*NOTE: Driveways and sidewalks may be located within a designated buffer for purposes of providing access to the property.

C. Property must have frontage on an approved and improved Township or county road.

D. Buildings shall have no more than two stories of living quarters. The maximum permitted height is 35 feet.

E. The units may be provided in one or more buildings.

F. Minimum unit sizes shall be as follows:

(1) One-bedroom apartment: 600 square feet.

(2) Two-bedroom apartment: 700 square feet.

G. Ancillary uses may include:

(1) Administrative office space for the operation of the complex.

(2) Community rooms only for the use of the residents of the complex and their guests.

(3) Kiosks for the safety and shelter of individuals awaiting public or private transportation services. Said kiosks shall not be calculated in the floor area ratio (FAR).

(4) Recreational amenities to serve only the residents of the complex and their guests.

(5) Off-street parking lots in accordance with §§ 500-73 and 500-75 of the Land Development Ordinance.

(6) Fences and walls in accordance with § 500-68 of the Land Development Ordinance.

(7) Utility and maintenance structures.

(8) Individual garages.

(9) Signs in accordance with Article XIV, Signs, of this chapter.

H. Minimum off-street parking shall be at 1.25 spaces per unit.

I. The complex shall be in compliance with Chapter 470, Article XIII, Affordable Housing, of the Land Development Ordinance.

§ 500-106 Golf courses.

[Added 12-17-1997 by Ord. No. 1997-21]

A. Applicable zone: R-3 and R-4 Zones.

B. Chapter 470, Article XVI, Golf Courses, of the Land Development Ordinance shall apply.

C. Minimum acreage:

(1) Nine-hole courses: 75 acres.

(2) Eighteen-hole courses: 150 acres.

D. Accessory uses permitted:

(1) Pro shops.

(2) Driving ranges.

(3) Clubhouses.

§ 500-107 Recreation/entertainment uses limited to outdoor performing arts centers, ice-skating facilities, or racquet sports facilities.

[Added 12-17-1997 by Ord. No. 1997-21]

This section shall apply to recreation/entertainment uses limited to outdoor performing arts centers, ice-skating facilities, or racquet sports facilities, whether singularly or in combination on one property.

A. Applicable zone: R-4 Zone.

B. Area and bulk requirements:

(1) Minimum acreage: 60 acres.

(2) Minimum frontage: 300 feet of frontage on a state or county road.

(3) Minimum buffers: two-hundred-foot buffers around the perimeter of the property.

(4) Parking and impervious surface. Sufficient paved parking shall be provided in the amount determined by the applicant and agreed to by the Planning Board; however, total impervious coverage shall not exceed 35% of the total lot area.

(5) Minimum parking shall be provided as follows:

(a) Outdoor performing arts centers: one space per four seats.

(b) Ice-skating facilities: one space per 250 square feet.

(c) Courts: two per court plus three per 1,000 square feet of gross floor area not devoted to a court.

(d) Shared uses. The applicant may provide parking for the facilities permitted by this section by utilizing a shared parking scheme, upon the showing to the Board of said parking scheme's viability.

(6) For unpaved parking, an area of 310 square feet per vehicle shall be utilized to determine sufficient parking and driveway area.

C. Accessory sanitary service facilities shall be permitted.

§ 500-108 Indoor/outdoor tennis courts or other similar court/racquet games.

[Added 12-17-1997 by Ord. No. 1997-21]

A. Applicable zones: R-3 and R-4 Zones.

B. Area and bulk requirements:

(1) Minimum acreage: five acres.

(2) Minimum frontage: 300 feet.

(3) Minimum buffers: 30 feet around the perimeter of the property.

(4) Minimum parking:

(a) Two per court; and

(b) Three per 1,000 square feet of gross floor area not devoted to a court.

(5) Maximum impervious area: 10%.

C. Artificial outdoor lighting shall be in accordance with § 500-69 of the Land Development Ordinance, except that the mounting height of the light fixture shall not be higher than 12 feet and shall not be mounted onto buildings.

§ 500-109 Campgrounds.

[Added 12-17-1997 by Ord. No. 1997-21]

A. Applicable zone: R-4 Zone.

B. Area and bulk requirements:

(1) Minimum acreage: 20 acres.

(2) Minimum frontage: 50 feet.

(3) Minimum buffers: 50 feet around the perimeter of the property. The campground shall be obscured from view from outside the property. Wooded lots shall remain wooded.

(4) Maximum impervious area: 1%.

C. Campsite requirements:

(1) Maximum density: 10 campsites per acre.

(2) Minimum distance between campsites: 20 feet.

(3) Minimum size: 2,000 square feet.

(4) Maximum slope: 3%.

(5) Each campsite shall provide:

(a) One automobile parking space.

(b) One fireplace or grill.

(c) One picnic table.

(d) Space for a tent or camping vehicle.

D. One caretaker's home may be located on-site.

E. It shall be demonstrated that the campground property has access to a trail as identified on the Township of West Milford Trails Map or is adjacent to public open space.

F. Accessory uses permitted:

(1) Registration office; maximum size: 1,000 square feet.

(2) One low-intensity indoor recreation building; maximum size: 2,000 square feet. A camper-supply store shall be permitted within this building.

(3) Sanitary service buildings.

G. Access and circulation.

(1) The access drive to the registration office or indoor recreation building, whichever would be reached first, shall not be greater than 750 feet in length and shall be improved to adequately provide access for emergency vehicles.

(2) An internal loop system shall be provided, such that it begins and ends from the access drive.

H. The facility shall be closed and all camper units and camping vehicles shall be removed between January 15 and March 15 of the same calendar year.

§ 500-110 Paintball facilities.

[Added 12-17-1997 by Ord. No. 1997-21]

A. Applicable zone: R-4 Zone.

B. Area and bulk requirements:

(1) Minimum acreage of usable land for the paintball operation: 30 acres.

(2) Minimum buffers: 120 feet around the perimeter of the property.

(3) Minimum parking: 250 square feet of parking area per four participants at any given session or simultaneous sessions.

C. Temporary uses may include:

(1) Tents.

(2) Temporary sanitary facilities.

D. Artificial outdoor lighting shall be in accordance with § 500-69 of this chapter, except that the mounting height of the light fixture shall not be higher than 12 feet and shall not be mounted onto buildings.

§ 500-111 Swimming facilities.

[Added 12-17-1997 by Ord. No. 1997-21]

A. Applicable zones: R-3 and R-4 Zones.

B. Area and bulk requirements:

(1) Minimum acreage: five acres.

(2) Minimum buffers: 50 feet around the perimeter of the property.

(3) Minimum parking: one space per four persons, based on the design capacity of the pool.

C. Accessory uses permitted:

(1) Sanitary service facilities.

(2) Snackbars.

D. Artificial outdoor lighting shall be in accordance with § 500-69 of this chapter, except that the mounting height of the light fixture shall not be higher than 12 feet and shall not be mounted onto buildings.

§ 500-112 Summer stock theaters.

[Added 12-17-1997 by Ord. No. 1997-21]

A. Applicable zones: R-3 and R-4 Zones.

B. Area and bulk requirements:

(1) Minimum acreage: 10 acres.

(2) Minimum buffers: 50 feet around the perimeter of the property.

(3) Minimum parking for patrons and employees: one space per three seats.

C. No goods shall be sold in connection with any theater except refreshments and such incidentals as are customarily sold during theatrical performances. No such goods shall be offered for sale except during the time that the theater is open for performances.

§ 500-113 Day camps.

[Added 12-17-1997 by Ord. No. 1997-21]

A. Applicable zones: R-3 and R-4 Zones.

B. Area and bulk requirements:

(1) Minimum acreage: 20 acres.

(2) Minimum buffers: 50 feet around the perimeter of the property.

(3) Minimum parking: 1.5 spaces per employee on the largest shift, plus one space per camp vehicle normally parked on the premises.

C. Access and circulation. The access drive to the dropoff area shall not be greater than 750 feet in length and shall be improved to adequately provide access for emergency vehicles.[1]

[1] Editor's Note: Former Section 18-10.24, Wireless telecommunications facilities, added 7-1-1998 by Ord. No. 1998-12, which previously followed this section, was repealed 12-11-2003 by Ord. No. 2003-51.