Boonton City Zoning Code
ARTICLE XXI
Conditional Uses
§ 300-101 Application; granting of use.
Pursuant to P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.), the Planning Board may grant conditional uses wherever hereinafter permitted in this chapter. Application for a conditional use shall be made in accordance with procedures set forth in Article III for preliminary subdivision plat approval and the Planning Board shall act on the application in accordance with the procedures for preliminary subdivision plat approval. Application for a conditional use shall include any required site plan application pursuant to Article III. No conditional use shall be granted unless the same will not be detrimental to the health, safety and general welfare of the community, is not likely to involve unusual risks of traffic safety or traffic congestion and is reasonably necessary for the convenience of the community. Whenever an application for a conditional use involves a deviation from a specification or standard pertaining solely to the conditional use, application for relief shall be made to the Planning Board pursuant to N.J.S.A. 40:55D-70(d)(3) and the Planning Board shall have jurisdiction over the entire application. Requirements for conditional uses provided for in this chapter shall be as follows:
A.
Motor vehicle service stations.
(1)
Any lot containing a motor vehicle service station within the B-2 and C-2 Zones shall contain no other principal use and any building containing a motor vehicle service station shall be construed as being devoted entirely to motor vehicle service station use for purposes of meeting the requirements of this subsection.
[Amended 9-16-2024 by Ord. No. 19-24]
(3)
Any lot containing a motor vehicle service station within the C-1 Zone may be accompanied by a building containing a retail sales use, as a subordinate use to the motor vehicle service station.
[Added 9-16-2024 by Ord. No. 19-24]
(4)
The lot or parcel of land shall meet the minimum lot size requirements for its zone district.
(5)
The lot or parcel of land so to be used has a street frontage of at least 150 feet and an average depth of at least 125 feet.
(6)
The walls of the building or structure are set back at least 25 feet from every adjoining property line and at least 40 feet from a street line.
(7)
Entrance and exit driveways shall be at least 30 feet in width with a three-foot radius at the curb line. There shall be a safety zone between driveways of at least 25 feet and driveways shall be at least 10 feet from adjoining property lines. Corner lots shall have a curb radius of at least 25 feet and driveway entrances shall start at least 20 feet from the radius tangent points.
(8)
The nearest boundary line of the lot or parcel of land so to be used is at least 300 feet on either the same or opposite side of the street from any boundary line of property which is used as, or upon which is erected:
(a)
A public or private school.
(b)
A church or other place of worship.
(c)
A hospital.
(d)
A public library, public museum or other public building.
(e)
A theatre which shall include a motor vehicle drive-in theatre, opera house or other building or structure used or intended to be used for motion picture, theatrical or operatic productions, or for public entertainment.
(f)
A public playground or civic center.
(g)
A firehouse or fire station.
(h)
An existing service station.
(9)
Gasoline pumps and other apparatus shall be so located as to permit safe and convenient traffic circulation. Every gasoline or oil tank, pump or other device, appliance or apparatus shall be located at least 25 feet from a street right-of-way line, at least 25 feet from a residential zone boundary and at least 10 feet from any property line.
(10)
A six-foot high unpierced fence shall be installed along any residential zone boundary.
(11)
All paved areas within the property shall be at least five feet from a property line, 10 feet from a street right-of-way line and 10 feet from a residential zone boundary and bounded by concrete or granite block curbing at least six inches above the surface.
(12)
Curbing shall be installed in the street right-of-way in accordance with Town specifications.
(13)
Adequate on-site parking for automobiles of employees and patrons shall be provided.
(14)
Entrance and exit driveways shall be at least 30 feet in width with a three-foot radius at the curb line. There shall be a safety zone between driveways of at least 25 feet and driveways shall be at least 10 feet from adjoining property lines.
(15)
There shall be no outdoor storage of supplies, materials or automobile parts, whether for sale, storage or waste.
(16)
Repair work, other than incidental minor repair, shall take place within the building and all repair or service apparatus shall be located within the building.
(17)
Floor drains shall not be connected to any sanitary sewer system or storm drain.
(18)
All storage tanks shall be installed below ground level. Where the possibility of contamination of underground water resources exists, the Board may require ample precautions against leakage and seepage.
(19)
The Board may impose such conditions and safeguards as it deems appropriate with respect to, among other matters, the minimizing of traffic congestion by appropriate arrangement of entrances and exits, to assure public safety.
B.
Community shelter for more than six victims of domestic violence (pursuant to N.J.S.A. 40:55D-66.1 et seq.).
(1)
There shall be a minimum lot size of 25,000 square feet with a maximum depth of measurement of 200 feet.
(2)
The setback requirements of the zone district in which the use is located shall be met.
(3)
All other requirements applicable to one family dwellings in the R-1 Residence District shall be met.
(4)
No more than 15 persons, exclusive of the resident staff, shall be housed in a single community shelter for victims of domestic violence located in any residence zone.
(5)
No property devoted to a community shelter for victims of domestic violence shall be located within 1,500 feet of another property devoted to a similar use.
(6)
A conditional use permit for a community shelter for victims of domestic violence shall not be issued if the total number of persons currently residing at such facilities within the Town exceeds, exclusive of resident staff, 50 persons or 1/2 of 0.5% of the population of the Town, whichever is greater.
(7)
Any shelter created for victims of domestic violence be approved and certified by the Department of Human Services pursuant to P.L. 1979, c. 337 (N.J.S.A. 30:14-1 et seq.).
C.
Institutional uses, churches and similar places of worship.
(1)
Any lot containing an institutional use shall contain no other principal use and any building containing an institutional use for purposes of meeting the requirements of this subsection.
(2)
The lot or parcel of land shall meet the minimum lot size, and the maximum height requirements for the zoning district in which it is located.
(4)
Fencing or screening shall be provided as required by the Planning Board in accordance with § 300-47E.
(5)
Building design shall be consistent with the character of the neighborhood in which the use is to be located.
(6)
The Board may impose such conditions as it may deem appropriate with respect to, among other matters, traffic and parking arrangement, the amount of off-street parking, building design and appearance and landscaping.
D.
Child-care centers.
(1)
The lot or parcel of land shall meet the minimum lot size and maximum height requirements of the zone district in which the use is located; provided, however, that there shall be a minimum lot area of 18,000 square feet for the first 15 children for which the facility is licensed to accommodate at any one time plus 600 square feet for each additional child for which the facility is so licensed.
(2)
Any building containing a child care center shall meet the yard requirements of the zone district, provided that no such building shall be located within 35 feet of a residential property.
(3)
Child care centers, except child care centers permitted in the L and I Zones, shall be limited to daytime operations between the hours of 7:00 a.m. and 7:00 p.m.
(4)
Outdoor play areas shall be located in side and rear yards only, shall be enclosed by a fence and shall be located at least 35 feet from a residential property line and at least 20 feet from a nonresidential property line.
(5)
One off-street parking space shall be provided for each 150 square feet of gross floor area devoted to child care center use. Parking areas shall be located in side and rear yards only and shall be at least 20 feet from a property line. Pickup and delivery of children shall take place on the site with safe means of ingress and egress as approved by the Planning Board.
(6)
All parking areas and play areas that adjoin residential properties shall be effectively screened by appropriate landscaping as approved by the Planning Board.
(7)
Any child care center shall be subject to site plan approval by the Planning Board in accordance with Part 3 of this chapter. The Board may impose such conditions and safeguards as it deems appropriate and may require such studies and investigations as it seems necessary in order to guarantee maximum protection of children using the facility and maximum protection to adjoining properties.
E.
Senior housing.
[Added 9-17-2018 by Ord. No. 22-2018]
(1)
This conditional use shall be permitted in the R-1E zone only.
(2)
(3)
Setback requirements.
(a)
Front yard: 35 feet.
(b)
Side yard: 35 feet.
(c)
Rear yard: 40 feet.
(d)
No parking area or building shall be located less than 40 feet to any single-family residential property line.
(e)
No parking space shall be located less than 15 feet to other property lines.
(f)
No building shall be located less than 35 feet to other property lines.
(4)
Building requirements.
(a)
Height. No building shall exceed a height of three stories, or 50 feet, whichever is the lesser.
(b)
Building plans and elevations shall show a variation in design of units and structures to be achieved by types of roof, heights of eaves and peaks, building materials and architectural treatment of the building facade.
(c)
Construction: The outside walls of all buildings shall meet the requirements of the applicable building codes and shall be of durable materials such as brick, stone or masonry or other materials approved by the Planning Board.
(d)
There shall be a minimum distance between building structures of at least 50 feet.
(5)
Dwelling unit requirements.
(a)
Bedrooms: No dwelling unit shall have more than two bedrooms.
(b)
Minimum floor area: All dwelling units shall be a minimum of 760 square feet.
(c)
Floors and ceilings and partitions between dwelling units shall be constructed so as to have a minimum airborne sound transmission loss classification of 50 decibels.
(d)
Livable space. As it relates to any one-bedroom units with dens and/or two-bedroom units with dens:
(6)
Off-street parking.
(a)
Parking ratio. Parking ratios shall meet the RSIS requirements for garden apartments.
(b)
Each parking space shall be at least nine feet in width and 18 feet in depth.
(c)
Parking aisle. Aisles shall be a minimum of 24 feet in width.
(d)
All parking areas and driveways shall be located a minimum of five feet from buildings, except where a parking space is provided in conjunction with a garage space.
(e)
Signage shall be provided where parking spaces are to be reserved for residents and/or for areas used for visitor parking.
(7)
Lighting, landscaping, and open space.
(a)
Adequate lighting shall be provided for all parking areas and pedestrian walkways. All outdoor lighting, including street lamps and accent lighting, should comply with dark sky standards intended to reduce light pollution. Dark sky standards require that lighting is downcast, illuminates only the intended areas, and does not cause disabling glare that affects driver safety and reduces the visibility of starry night skies. Lighting for a building must be contained on the property on which the building is located. LED lighting shall be permitted in addition to all of the conditions of the land use ordinance standards for lighting.
(b)
At least 20% of the gross site area shall be devoted to open space for passive or active recreation, or conservation.
(c)
There shall be a comprehensive landscape plan prepared by a certified landscape architect which shall detail the location, type, size and any planting note for the proposed landscape materials. This plan shall be subject to the approval of the Planning Board.
(8)
Miscellaneous.
(a)
Television antennas or dishes shall be limited to one master antenna.
(b)
Through-wall air-conditioning units that project beyond the building wall are not permitted.
(c)
Laundry facilities may be provided in each building. Outside clothes drying is prohibited.
(d)
All trash and recyclables shall be stored in covered containers. They may be stored within the building or garage area. If the materials are stored outside, they must be kept in a permanent enclosure with a latching gate in a convenient location approved by the Planning Board.
(e)
Amenities restricted to the use of the residents and their guests are permitted subject to all applicable local and state requirements.
(f)
Buildings containing dwelling units located above the second story and requiring a second means of egress pursuant to the Uniform Construction Code shall not utilize an attached external fire escape as one of the required means of egress.
(g)
Internal walkways shall be provided to provide a pedestrian connection to any site development amenities, such as a clubhouse, recreational facilities, pools, etc.
(h)
Internal walkways shall be a minimum of four feet wide and shall be designed to comply with the requirements of the Americans with Disabilities Act (ADA).
(9)
Affordable housing.
(a)
Any senior housing development shall set aside a minimum of 15% of the total number of units for the provision of affordable housing units, if such units shall be for rent, or a minimum of 20% of the total number of units for the provision of affordable housing units, if such units shall be for sale.
(b)
All affordable housing units shall include the required bedroom distribution, be governed by controls on affordability, and be affirmatively marketed in conformance with the Town's affordable housing regulations, as may be amended and supplemented, and the Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.1 et seq., or any successor regulation, with the exception that in lieu of 10% of affordable units in rental developments being required to be affordable to households earning no more than 30% of median income, 13% of affordable units in rental developments shall be required to be affordable to households earning no more than 30% of median income, and all other applicable law.
(c)
Deed restriction and affordability control period. All affordable units shall be deed restricted for a minimum period of at least 30 years. The affordability control period on all restricted ownership and/or rental units shall commence on the date the initial certified household takes title to the unit, and shall continue to run for at least 30 years. At the conclusion of the thirty-year term, the deed restrictions and affordability controls shall continue to remain in effect until such time as the municipality elects to release the unit from the deed restrictions and affordability controls by formal adoption of an ordinance within a reasonable time after conclusion of the initial minimum thirty-year term (the "deed restriction period"). The affordability controls and deed restrictions shall not automatically expire. At the conclusion of the initial thirty-year term, the municipality may unilaterally extend the deed restrictions and affordability controls for an additional thirty-year consecutive term by formal adoption of a resolution in accordance with N.J.A.C. 5:80-26.25 of the Uniform Housing Affordability Controls ("UHAC"). During the deed restriction period, sale, use, and rental of each affordable unit shall be subject to the Uniform Housing Affordability Controls ("UHAC"), set forth at Title 5, Chapter 80, Subchapter 26 (N.J.A.C. 5:80-26.1 et seq.), as may be amended from time to time hereafter. All sales and rentals of affordable units shall be on approved uniform affordable housing deeds and/or leases as set forth in the appendices of the UHAC.
[Added 12-16-2019 by Ord. No. 20-2019]
(10)
Site plan review. Any senior housing development shall be subject to site plan review by the Planning Board as required by Article IX of this chapter. In addition, the Planning Board shall specifically consider the following items:
(a)
The Planning Board shall evaluate site lighting, including the establishment of limitations on light intensity, spread of illumination and height of fixtures, pursuant to the requirements in § 300-60.
(b)
Parking lot landscaping. The following minimum requirements for landscaped areas within at-grade parking lots shall be required:
[1]
Within each parking area there shall be landscaped curbed islands at least five feet in width at each end of every parking bay. These islands shall be landscaped with grass lawns, shade and specimen trees as required by the Planning Board.
[2]
All those portions of all front, rear and side yards that are not used for off-street parking or other impervious surfaces, such as sidewalks and driveways, shall be attractively planted and maintained with trees, shrubs, plants and grass lawns as approved by the Planning Board.
(c)
Adequate storm drainage facilities shall be provided in conformance with all federal, state, county and local regulations with specific concern so that no downstream property or open waters are adversely affected as the result of storm drainage flowing from the tract.
(e)
Any applicant for site plan approval shall be required to make reasonable traffic studies to identify traffic and circulation problems and to correct or contribute to the fair share cost of his or her correction in accordance with law.
(f)
Any applicant for site plan review shall obtain Morris County Soil Conservation District approval in accordance with law.
(g)
Block 118, Lot 1.01 and Block 118, Lot 2 within the R1-E zone shall consider the western boundary of its property as the front yard.