Hanover Township City Zoning Code
ARTICLE XXXA
B-10 Highway Business District
§ 166-183.1 Purpose and intent.
The purpose and intent of the B-10 Zone District is to:
A.
Establish a regulatory framework that will enhance the character of the Route 10 corridor in the Township;
B.
Promote a strong and sustainable economic environment that encourages attractive commercial and business development, employment opportunities, an enhanced tax base, and convenient and quality facilities, services and amenities, for both residents and the business community;
C.
Ensure that infill development and redevelopment is accomplished in a manner that complements the overall community and respects the general scale of development in the Township;
D.
Ensure that development in the District is responsive to and preserves environmental features; in particular, steep slopes, wetlands, areas subject to flooding, streams and other water bodies and trees;
E.
Enhance the appearance of the district, and of the Township as a whole;
F.
Preserve and enhance retail commercial areas by defining their functional role in the Township and the region;
G.
Encourage a community sense of place, offering uses that incorporate the highest standards of aesthetic design resulting in an attractive mixed-use, bicycle- and pedestrian-friendly corridor with improved access from the residential neighborhoods in the Township;
H.
Promote redevelopment of under- or poorly utilized or developed properties and the assembly of undersized or poorly configured parcels into larger and properly configured properties; and
I.
Promote safe and efficient transportation design and improvements.
§ 166-183.2 Permitted principal uses.
[Amended 10-11-2018 by Ord. No. 28-2018; 12-13-2018 by Ord. No. 35-18; 5-9-2019 by Ord. No. 19-1910-12-2023 by Ord. No. 31-2023; 5-9-2024 by Ord. No. 10-2024]
A.
The permitted principal uses in the B-10 Zone District overlay in the I - Industrial Zone District shall be limited to those set forth below.
(1)
Within the area of the B-10 overlay in the I - Industrial Zone, as depicted on the Zoning Map, the uses permitted by this Article XXXA or the uses permitted in the I - Industrial Zone by Article XXXIV shall be permitted; provided, however, that the permitted uses in any development shall be limited to those uses permitted in only one of the two zones.
(2)
Any development within the B-10 overlay area for uses permitted in the B-10 Zone, but not permitted in the I - Industrial Zone, shall be subject to the applicable regulations in this Article XXXA.
(3)
Any development within the B-10 overlay area for uses permitted in the I - Industrial Zone, but not permitted in the B-10 Zone, shall be subject to the applicable regulations in the I - Industrial Zone District in Article XXXIV.
(4)
Any development within the B-10 overlay area for uses permitted in both the B-10 and the I - Industrial Zone Districts shall be subject to either the regulations of this Article XXXA or the regulations in Article XXXIV, at the developer's option; provided, however, that any such development shall be subject to the regulations of only one of the two zones.
B.
The permitted principal uses in the B-10 Zone District shall be limited to those set forth below. When provided, the number in parentheses following the uses listed below refers to the code number assigned by the North American Industry Classification System (NAICS), 2017 edition, and such use shall be defined as described in the text of that document, available online at http://www.census.gov/eos/www/naics/. The following list is subject to any applicable use limitations set forth in this chapter:
(1)
Retail trade uses, limited to:
(a)
Motor vehicle and parts dealers, limited to:
[1]
New car dealers (441110), including used car dealers when an accessory use to a new car dealer on the same premises.
[2]
Motorcycle, atv, and all other motor vehicle dealers (441228).
[3]
Automotive parts and accessories stores (441310).
[4]
Tire dealers (441320), but excluding motor vehicle repair or maintenance establishments regulated as a conditional use.
(b)
Furniture and home furnishings stores (442).
(c)
Electronics and appliance stores (443).
(d)
Building material and garden equipment and supplies dealers (444).
(e)
Food and beverage stores (445).
(f)
Health and personal care stores (446).
(g)
Clothing and clothing accessories stores (448).
(h)
Sporting goods, hobby, musical instrument, and book stores (451).
(i)
General merchandise stores (452).
(j)
Miscellaneous store retailers, limited to:
(2)
Taxi and limousine services (4853).
(3)
Motion picture theaters (512131).
(4)
Banks, savings and loan institutions, credit unions, lending establishments and similar uses (522).
(7)
Health care and social assistance services, limited to:
(a)
Ambulatory health care services (621).
(b)
Child and youth services (62411).
(c)
Services for the elderly and persons with disabilities (62412).
(d)
Other individual and family services (62419).
(e)
Community food services (62421).
(f)
Vocational rehabilitation services (62431).
(g)
Child-care centers, as regulated by N.J.S.A. 40:55D-66.6.
(9)
Food services and drinking places (722). Drive-in restaurants shall only be permitted in the locations specified by § 166-183.8G.
(11)
Business, administrative and professional offices.
(12)
Food and beverage manufacturing establishments that engage in selling to the general public products made on the same premises from which they are sold, including but not limited to chocolate and confectionery manufacturing, ice cream and frozen dessert manufacturing, bread and bakery product manufacturing, perishable prepared food manufacturing, breweries, wineries, and distilleries, which comply with all of the following requirements:
(13)
Hotels.
(14)
Research laboratories devoted exclusively to research design and experimentation, limited to those laboratories permitted in the OB-RL Zone District pursuant to § 166-190.
(15)
Veterinary services (541940).
(16)
Small-scale storage buildings with an associated office and/or retail trade use permitted in the zone and which comply with all of the following requirements:
(a)
The storage use shall not include, as either a principal or accessory use, public and contract general merchandise warehousing and storage facilities (4931), general freight trucking (4841), specialized freight trucking (4842), support activities for road transportation (4884), other support activities for transportation (4889), renting or leasing space for self-storage (53113), or any use prohibited by § 166-183.5.
(b)
The storage of hazardous, toxic or highly flammable substances, e.g., chemicals, solvents, petroleum, etc. (4247, 5622), shall be prohibited, except for small quantities typically necessary for maintenance of the storage facility.
(c)
The gross floor area of the storage building shall not exceed 10,000 square feet.
(d)
In addition to the warehouse operation, the building shall contain at least 1,000 square feet of gross floor area devoted to office and/or retail trade use permitted in the zone. Such office and/or retail trade use shall be accessory to the storage operation.
(e)
No elevated loading docks, such as typically used for large truck deliveries and shipments, shall be permitted.
(f)
No outdoor storage of materials, equipment or vehicles associated with the storage or warehouse operation shall be permitted.
(g)
Any storage building permitted by this subsection shall be dedicated primarily to storage purposes; any maintenance, repair, fabrication or assembly of materials shall be minor and accessory to the storage function.
(h)
The building and site design and exterior building materials shall be consistent with and compatible with the purpose and intent of the B-10 Zone District set forth in § 166-183.1.
(i)
The foregoing shall not be construed to prohibit storage which is accessory to a permitted principal use on the same site, unless specifically prohibited.
§ 166-183.3 Conditional uses.
§ 166-183.4 Permitted accessory uses.
The following accessory uses shall be permitted in the B-10 Zone District:
§ 166-183.5 Prohibited uses and use limitations.
[Amended 10-11-2018 by Ord. No. 28-2018; 12-13-2018 by Ord. No. 35-18]
Any use other than the uses specifically permitted by this article, by other provision of this chapter or permitted by other applicable law, shall be prohibited. In addition, the following uses shall be specifically prohibited:
A.
Residential dwellings.
B.
Inpatient care or overnight lodging, except as part of permitted hotel operation.
C.
Any business conducted outside the confines of a building. This prohibition shall include any outdoor boarding of animals, outdoor animal exercise areas or other similar outdoor areas as part of the provision of veterinary services or pet care services; such services shall only be conducted within the confines of a building (indoors), and shall be subject to the provisions of § 117-5 and all other applicable requirements. Notwithstanding the foregoing, the following uses and activities shall be permitted:
(1)
Building material and garden equipment and supplies dealers permitted by this article.
(3)
Drive-in banks, pharmacies and, where permitted by § 166-183.8G, drive-in restaurants.
[Amended 10-12-2023 by Ord. No. 31-2023]
(4)
Outdoor dining permitted as an accessory to a permitted restaurant.
(5)
The display of passenger vehicles for sale accessory to a new car dealer.
D.
Used car sales as a principal use.
E.
Any industrial use, except as may be specifically permitted.
F.
Wholesale uses, except as an accessory use to a permitted principal use, or except may be specifically permitted.
G.
Construction trade yards or buildings, except for offices for such uses.
H.
The use of any noisemaking devices, such as phonographs, loudspeakers, amplifiers, radios, television sets or similar devices, so situated as to be heard outside any building; provided, however, that permitted drive-through establishments shall be permitted to use such microphones and speakers that are minimally necessary for the functioning of the drive-through operation, and further provided that the Planning Board, as part of any site plan approval, may permit limited outdoor music and/or entertainment accessory to outdoor dining within the development. In any case where noisemaking devices, music and/or entertainment is proposed, the same shall be permitted only if the developer demonstrates, as part of any site plan application, that such activity will not interfere with the reasonable use of other businesses or other establishments within the development or on adjacent or nearby properties.
§ 166-183.6 Lot, bulk and intensity of use regulations, small scale development.
[Amended 10-12-2023 by Ord. No. 31-2023]
"Small-scale development" shall be defined for purposes of this section as development on a property having a net lot area less than five acres. "Net lot area" shall be defined as excluding all floodways, wetlands and required transition areas for wetlands. Unless stated otherwise elsewhere by this chapter, the lot, bulk, and intensity of use regulations for small-scale development shall be as follows:
A.
Minimum lot area: 20,000 square feet.
B.
Minimum lot width: 100 feet.
C.
Minimum lot depth: 200 feet.
D.
Maximum floor area ratio. The maximum floor area ratio shall be based upon the net lot area, which shall exclude all floodways, wetlands and required transition areas for wetlands. The maximum floor area ratio shall be 30% of the net lot area.
E.
Maximum building coverage. The maximum building coverage shall be based upon the net lot area, which shall exclude all floodways, wetlands and required transition areas for wetlands. The maximum building coverage shall be 20% of the net lot area.
F.
Maximum building height: three stories, 45 feet.
G.
Minimum yard depths. The minimum yard depths shall be as required below. For purposes of determining compliance with yard depths based upon building height, in the case of buildings having varying heights, the yard depth shall be measured to each portion of the building having a different height. Thus, a portion of a building having a lower height will have a different yard requirement than a portion of the same building having a greater height.
H.
Maximum number of principal buildings: one per lot.
§ 166-183.7 Lot, bulk and intensity of use regulations, large scale development.
"Large-scale development" shall be defined for purposes of this section as development on a property having a net lot area of at least five acres. "Net lot area" shall be defined as the total lot area, less the area of all floodways, wetlands and required wetland transition areas.
A.
Minimum lot area: five acres.
B.
Minimum lot width: 300 feet.
C.
Minimum lot depth: 200 feet.
D.
Maximum floor area ratio. The maximum floor area ratio shall be based upon the net lot area, which shall exclude all floodways, wetlands and required transition areas for wetlands. The maximum floor area ratio shall be 40% of the net lot area.
E.
The maximum building coverage shall be based upon the net lot area, which shall exclude all floodways, wetlands and required transition areas for wetlands. The maximum building coverage shall be 25% of the net lot area.
F.
Maximum height of principal buildings: 75 feet.
G.
Minimum yard depths. The minimum yard depths shall be as required below. For purposes of determining compliance with yard depths based upon building height, in the case of buildings having varying heights, the yard depth shall be measured to each portion of the building having a different height. Thus, a portion of a building having a lower height will have a different yard requirement than a portion of the same building having a greater height.
H.
Maximum number of principal buildings: unlimited.
§ 166-183.8 Other requirements.
A.
Architectural design. Buildings shall be designed and placed in accordance with the following provisions:
(1)
The architectural design of buildings shall promote a desirable visual environment through the relationship of design features, such as height and mass, building proportions, rooflines, building projections and ornamental features.
(2)
The design of buildings shall be harmonious with the character of existing development in the immediate vicinity and which enhances the character of the surrounding neighborhood and the Township as a whole, and avoids adversely affecting the value of adjacent or nearby properties.
(3)
The use of exterior colors, facade or roof materials, or such combination of colors and materials, shall be compatible with and enhance the character of existing development.
(4)
Excessive uniformity or monotony of design within the context of existing development in the neighborhood shall be avoided.
(5)
Building components such as windows, doors, eaves and parapets shall have proportions in keeping with each other, the building and the neighborhood as a whole.
(6)
Bright or brilliant colors shall be used only for accent and shall not substantially depart from the character of existing neighborhood colors so as to detract from the overall appearance of the neighborhood.
(7)
All sides of the building shall contribute to the architectural unity of the building by using similar building materials for the front, side and rear walls, and through other methods.
(8)
Large unbroken building masses shall be avoided through the uses of projections, recesses, varying materials and other methods.
(9)
All buildings shall use durable high-quality material requiring low maintenance, such as brick, stone, stucco, glass, precast concrete, and wood, when properly treated. Where durability and performance are questionable, the applicant may be asked to provide a manufacturer's guaranty or proof of durability from an independent testing laboratory certification. The use of aluminum siding, vinyl siding, and exposed concrete block are prohibited, except for architectural prefinished block and split face block, which are permitted.
C.
Roof structures shall not exceed five feet in height, nor shall their total area exceed 5% of the roof area to which they are attached. This shall not be construed to permit a dish antenna to exceed the height limit as regulated in § 166-138.1B(2).
D.
Supplemental regulations applicable to hotels. Hotels shall be subject to the following regulations, in addition to all other applicable requirements of this article and of this chapter. In the event that the following requirements conflict with other applicable requirements of this chapter, the more restrictive requirement shall apply:
(1)
Hotels shall be located on properties that have frontage upon and direct access to a state highway.
(2)
Hotels shall be located on properties that contain at least four contiguous acres of developable area, which shall exclude all floodways, freshwater wetlands and wetland transition areas.
(3)
Hotels shall contain at least 100 lodging units or guest rooms.
E.
Limited recreational and open-air uses. Certain limited recreational and open-air uses, such as tennis courts, batting cages, pitch-and-putt golf courses, miniature golf and golf driving ranges and accessory uses thereto are permitted in the B-10 Zone, subject to the following requirements:
(1)
Such uses shall be located on tracts of land having an area of not less than 15 acres.
(2)
The principal building for such use shall not exceed 30,000 square feet in gross floor area, and no such building shall be built which is:
(a)
Less than 150 feet from the right-of-way line of any public thoroughfare.
(b)
Less than 100 feet from any property line.
(c)
Greater than 45 feet in height, provided that a building may be up to 65 feet in height if the building must be elevated due to floodplain constraints. Rooftop equipment shall comply with the requirements for such equipment in § 166-202A.
(3)
Permitted principal and accessory uses shall be permitted alone or in combination. Any miniature golf course shall be located at least 200 feet from the right-of-way line of any public thoroughfare. An outdoor dining area and/or a restaurant/dining area with a total of not more than 100 seats, which shall be located in a well-defined area as approved by the Planning Board, shall be considered to be a permitted accessory use.
(4)
Uses commonly associated with amusement parks, such as Ferris wheels or other moving rides, including trains or cars, or involving animals or pets, are expressly prohibited.
(5)
The use shall be conducted in such a manner that there shall be no direct or sky-reflected glare exceeding 0.5 footcandle measurable upon the property line of the lot occupied by such use. The only lighting permitted to illuminate the area shall be of such a nature that the direct source of light is not visible from any street or residential zone district.
(6)
Paved parking areas shall be provided to ensure 100% off-street parking to all participants at all times under all conditions.
(7)
The design of any pitch-and-putt course or any permitted accessory use shall be of such nature so as to ensure against the possibility of damage to any adjoining property or injury to any person using the public right-of-way. No barriers exceeding five feet for the elimination of said hazard shall be allowed within 400 feet of any public right-of-way.
(8)
Lighting poles and other accessory equipment shall be subject to Planning Board review with respect to materials of construction, height, location, spacing and any other factor which, in its opinion, would be detrimental to the public health, safety and welfare.
(9)
Recreational and open-air uses, as permitted, shall be limited to operating between the hours of 7:00 a.m. and 1:00 a.m.
(10)
The requirements of § 166-202G, H and I shall also be complied with.
F.
Amusement devices. Amusement devices are permitted as an accessory use only. Said amusement devices, where permitted as an accessory use, shall meet all of the following requirements:
(1)
There shall be 60 square feet of operating area for each amusement device. The calculation of the operating area shall exclude any area of the premises which is used for other purposes but shall include access- and walkways primarily serving the amusement device.
(2)
The maximum area devoted for all amusement devices, at a ratio of 60 square feet for each device, shall not exceed 25% of the gross floor area of the establishment.
G.
Drive-in restaurants. Drive-in restaurants shall only be permitted in the locations specified below, and shall be subject to the following regulations, in addition to all other applicable regulations in this article. In case of any conflict between the following requirements and the other regulations in this article, the following requirements shall supersede:
[Added 10-11-2018 by Ord. No. 28-2018; amended 10-12-2023 by Ord. No. 31-2023]
(1)
Drive-in restaurants shall be permitted in any location if part of a large-scale development as defined by § 166-183.7. A drive-in restaurant that is or is part of a small-scale development as defined by § 166-183.6 shall only be permitted when located on a corner lot at one of the following intersections:
(2)
The minimum lot area for drive-in restaurants developed as or part of a small-scale development shall be 30,000 square feet.
(3)
Driveway access.
(a)
When developed as part of a large-scale development, no drive-in restaurant shall have direct driveway access to any public street; driveway access to drive-in restaurants shall only be from driveways that are internal to the large-scale development.
(b)
When developed as or part of a small-scale development, the applicant shall demonstrate, as part of any site plan or site plan exemption application, that the proposed driveway to/from any public street shall provide for safe deceleration and acceleration and turning movements of motor vehicles entering and exiting the site and that the driveway location will not unduly interfere with or result in unsafe conditions for vehicular or pedestrian movements within the street right-of-way.
(4)
The applicant shall demonstrate, as part of any site plan or site plan exemption application, that the proposed drive-in lanes internal to the development provide adequate queueing or stacking capacity for motor vehicles during peak usage times, taking into account the nature of the use and the timing of peak drive-in use demand, and that vehicles queued in the lanes shall not extend into the street right-of-way or unduly conflict with internal vehicular or pedestrian circulation on the property.