Hanover Township City Zoning Code
ARTICLE XXI
Conditional Uses
§ 166-149 Application for and granting of conditional use.
Pursuant to P.L. 1975, c. 291,[1] the Planning Board may grant conditional uses as herein permitted in this chapter. Application for a conditional use shall be made in accordance with the procedures set forth in § 166-58, and the Planning Board shall act on the application in accordance with said procedures. No conditional use shall be granted unless the same will not be detrimental to the health, safety and general welfare of the Township, is not likely to involve unusual risks of traffic safety or traffic congestion and is reasonably necessary for the convenience of the community.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
§ 166-150 Conditional use requirements for specific uses.
[Amended 7-9-1987 by Ord. No. 22-87; 4-14-1988 by Ord. No. 3-88; 12-22-1993 by Ord. No. 36-93; 6-8-1995 by Ord. No. 16-95; 8-10-1995 by Ord. No. 23-95; 6-13-1996 by Ord. No. 6-96; 9-12-1996 by Ord. No. 14-96; 11-14-1996 by Ord. No. 17-96; 11-14-1996 by Ord. No. 18-96; 4-10-1997 by Ord. No. 11-97; 12-11-1997 by Ord. No. 34-97; 12-9-1999 by Ord. No. 28-99; 12-13-2001 by Ord. No. 18-01; 5-12-2011 by Ord. No. 15-11; 12-13-2012 by Ord. No. 23-12; 9-26-2013 by Ord. No. 18-13; 5-12-2016 by Ord. No. 15-16]
In reviewing an application for any conditional use as herein provided, the Planning Board may impose such conditions and safeguards as it deems appropriate. In case of conflict between the following requirements and the other applicable requirements of this chapter, the following shall apply and supersede such other requirements. Conditional use requirements shall be as follows:
A.
Gasoline stations. Gasoline stations shall be permitted as a conditional use in the B-10, BP-2, D-S, I-B3 and OB-DS Zone Districts, subject to the following requirements. Such requirements shall be in addition to all other applicable requirements of the respective zone district and of this chapter, except in case of conflict, in which case the following requirements shall apply.
[Amended 10-13-2016 by Ord. No. 28-16; 12-14-2017 by Ord. No. 26-2017; 4-13-2023 by Ord. No. 10-2023]
(1)
In the D-S, OB-DS and I-B3 Zones, the gasoline station shall be located within and be a part of a designed shopping center development or other development designed and used for retail sales, retail banks, personal services, rental and leasing establishments, eating and drinking establishments, or a combination of any of the foregoing, which developments contain a minimum floor area of 75,000 square feet. In other zones, the gasoline station shall be located on a corner lot at one of the following intersections:
(a)
(Reserved)
(b)
(Reserved)
(c)
Route 10 and North or South Jefferson Road.
(d)
Route 10 and Whippany Road.
(e)
Route 10 and Troy Hills Road.
(f)
Route 10 and Algonquin Parkway.
(g)
Parsippany Road and Whippany Road.
(h)
Hanover Avenue and Ridgedale Avenue.
(2)
When the gasoline station is located within and part of a designed shopping center or other development pursuant to Subsection A(1) above, the gasoline station shall be considered part of such development and shall be subject to the minimum lot area requirements for such developments. In all other circumstances, the lot shall contain the following minimum contiguous developable areas. Such minimum developable area shall exclude any wetlands, wetland transition areas, floodways or other areas that are prohibited from development, but shall include nondevelopable areas located within minimum required buffer areas or other minimum required landscaped areas.
(a)
Gasoline station only: 40,000 square feet, or as required by the zone district, whichever is greater.
(b)
Gasoline station and convenience store or automated car wash, when permitted: 50,000 square feet.
(c)
Gasoline station and motor vehicle repair or maintenance establishment, other than automated car wash, when permitted: 60,000 square feet.
(d)
Gasoline station and permitted use(s) other than specified above: 40,000 square feet plus the lot area required for such other use in the zone district within which the gas station is located, but in no event less than 50,000 square feet, or as required by the zone district, whichever is greater.
(3)
(Reserved)
(4)
The gasoline station lot shall have frontage upon a public street as required in the zone district within which the gas station is located, but in no event less than 150 feet; provided that this requirement shall not apply when the gasoline station is located within and part of a designed shopping center or other development pursuant to Subsection A(1) above.
(5)
The gasoline station lot shall have a depth as required in the zone district within which the gas station is located, but in no event less than 150 feet.
(6)
The minimum front yard shall be as required in the zone district within which the gas station is located, but in no event less than 50 feet, measured to the principal building, fuel pumps, and islands. Any canopy over the fuel pumps may encroach into the minimum required front yard by a distance not greater than 12 feet.
(7)
The minimum side and rear yards shall be as required in the zone district within which the gas station is located, but in no event less than 25 feet for the principal building or 50 feet for the fuel pumps and islands and any fuel pump canopy.
(8)
The gasoline station fuel pumps, and any canopy over such pumps, shall be located at least 100 feet from any private property located in a residential zone district.
(9)
There shall be provided along all street frontages a landscaped island at least 15 feet in depth, or as required by the zone district regulations, whichever is greater. In the event that the property frontage is located across the street from property in a residential zone, such island shall have a depth of at least 25 feet, or as required by the zone district regulations, whichever is greater. Such depths shall be measured from the street right-of-way or, where one exists, the road widening easement, whichever is more restrictive.
(10)
Outdoor display of products for sale shall be prohibited.
(11)
When the gasoline station is located within and part of a designed shopping center or other development pursuant to Subsection A(1) above, there shall be provided shared access between the gasoline station and other development in the shopping center or other development, such that a patron of any of the foregoing uses shall be able to drive a motor vehicle between such uses without traveling on a public street.
B.
Freestanding cellular telecommunications antennas. Freestanding cellular telecommunications antennas shall be permitted as a conditional use in the OB-DS District only if all of the following requirements are complied with:
(1)
The applicant shall demonstrate, to the satisfaction of the Board, that the development is the minimal necessary to provide adequate communications as may be authorized by the Federal Communications Commission. Included as part of this requirement, the applicant shall demonstrate that all possible avenues for sharing space on existing structures have been exhausted.
(2)
The antennas, plus any tower, pole, mast or similar structure upon which the antennas are mounted, shall not exceed 130 feet above the ground at the base of the tower. Any buildings or equipment related to the communications tower or antennas shall conform with the height requirements otherwise applicable in the zone.
(3)
The antennas, plus any tower, pole, mast or similar structure upon which the antennas are mounted shall comply with the minimum yard requirements applicable to principal buildings within the zone.
(4)
The color, materials and design of the antennas and related structures shall blend with the surrounding environment, as determined by the Planning Board.
(5)
The base of the tower, pole, mast or similar structure upon which the antennas are mounted shall be screened from the view of adjoining properties and streets at ground level by appropriate landscaping and/or fencing, as determined by the Planning Board.
C.
Public utility building or structures. Any public utility building or structure may be located in any of the nonresidential zone districts as a conditional use. Such use may only be permitted if, in the Planning Board's judgment, it will not be detrimental to the health, safety and general welfare of the Township and is reasonably necessary for the convenience of the community.
D.
Amusement devices. Business establishments having amusement devices as a principal use shall be permitted as a conditional use only in the D-S Zone, provided that all of the following requirements are met:
(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 said amusement device.
(2)
There shall be a minimum floor area of 1,500 square feet for each establishment.
(3)
No sound from any amusement device or jukebox shall be discernible from any adjacent premises.
E.
(Reserved)[1]
[1]
Editor’s Note: Former Subsection E, Hotels, was repealed 12-14-2017 by Ord. No. 26-2017.
F.
(Reserved)[2]
[2]
Editor’s Note: Former Subsection F, Motels, was repealed 12-14-2017 by Ord. No. 26-2017.
G.
(Reserved)
H.
(Reserved)
I.
Community centers. Community centers are permitted in the D-S Zone District only if the following requirements are complied with; these requirements shall supersede the requirements for the D-S Zone District only in case of conflict:
(1)
There shall be a minimum tract area of 29 acres located within the D-S District; said area may be contiguous or noncontiguous.
(2)
No building shall exceed six stories, or 75 feet in height, whichever is less; provided, however, that any building located within 150 feet of a residential zone district shall not exceed four stories, or 55 feet, whichever is less.
(3)
If housing units are developed as a component of the community center, they shall be operated as an independent/assisted living facility, with an option for a multifamily building or buildings in addition to an independent/assisted living facility, and such housing units shall comply with the following:
(a)
If required by applicable state regulations, the units shall be licensed by the New Jersey Department of Community Affairs as a Class C rooming and boarding home or by the New Jersey Department of Health as an assisted living residence.
(b)
The density shall not exceed 10.5 units per acre of the tract located within the D-S District.
(c)
The units shall be restricted to persons at least 62 years of age.
(d)
In the case of an independent/assisted living facility developed in accordance with the Township's housing element and fair share plan for the second round (1987 to 1999) obligation, 20% of the total number of the residential units shall be made affordable to low- and moderate-income households, in accordance with the Substantive Rules of the New Jersey Council on Affordable Housing (N.J.A.C. 5:93-1.1 et seq.). Notwithstanding the above, housing units shall be permitted only if there is constructed at least 35 affordable units as part of the development. All low- and moderate-income housing units shall be subject to the provisions of § 166-180M(4), as well as all applicable provisions of the Substantive Rules of the New Jersey Council on Affordable Housing (N.J.A.C. 5:93-1.1 et seq.), including but not necessarily limited to phasing controls [N.J.A.C. 5:93-5.6(d) and (e)], inclusionary developments (N.J.A.C. 5:93-7), controls on affordability (N.J.A.C. 5:93-9) and affirmative marketing (N.J.A.C. 5:93-11).
(e)
In the case of a multifamily building or buildings developed in accordance with the Township's housing element and fair share plan for the third round (1987 to 2018) obligation, 100% of the total number of the residential units, exclusive of one unit for a building manager/superintendent, shall be affordable. Multifamily housing units shall only be permitted if there is constructed at least 63 affordable units, in addition to the affordable units developed as part of the independent/assisted living facility. All affordable units in a multifamily building shall be rental units and shall comply with all applicable rules of the New Jersey Council on Affordable Housing and the Township's affordable housing regulations.
(4)
Notwithstanding the buffer location requirements of § 166-125B(1), when a lot or tract is located within both a nonresidential and a residential zone district and the portion of the lot within the residential zone district is restricted in perpetuity against residential use, then any required buffer may be located within the residential zone portion of the lot or tract, provided that such portion is not restricted against the planting of vegetation as required by § 166-125.
(5)
No maximum floor area or floor area ratio shall apply to community center development if the community center includes housing development in accordance with this subsection.
(6)
The subdivision of the tract or the provision of a ground lease for a community center use and/or accompanying housing units shall be permitted and all requirements for community centers shall not apply to individual lots but to the tract as a whole, provided that adequate provision for shared access, parking, drainage, utilities, property maintenance and other aspects is made, as determined by the Planning Board as part of any site plan application.
J.
(Reserved)[3]
[3]
Editor’s Note: Former Subsection J, regarding convenience stores, was repealed 12-14-2017 by Ord. No. 26-2017.
K.
Motor vehicle repair or maintenance establishments. Motor vehicle repair or maintenance establishments shall be permitted as a conditional use in the B, B-10, D-S, I-B3 and OB-DS Districts, subject to the following requirements:
[Amended 10-13-2016 by Ord. No. 28-16; 12-14-2017 by Ord. No. 26-2017]
(1)
In the D-S, OB-DS and I-B3 Zones, the establishment shall be located within and be attached to the main building in a designed shopping center development or other development designed and used for retail sales, retail banks, personal services, rental and leasing establishments, eating and drinking establishments, or a combination of any of the foregoing, which developments contain a minimum floor area of 75,000 square feet. In other zones, the establishment lot shall have frontage on State Highway Route 10.
(2)
When the establishment is located within and part of a designed shopping center or other development pursuant to Subsection K(1) above, the establishment shall be considered part of such development and shall be subject to the minimum lot area requirements for such developments. In all other circumstances, the lot shall contain the following minimum contiguous developable areas. Such minimum developable area shall exclude any wetlands, wetland transition areas, floodways or other areas that are prohibited from development, but shall include nondevelopable areas located within minimum required buffer areas or other minimum required landscaped areas.
(a)
Motor vehicle repair or maintenance establishment, without additional uses, and excluding an automated car wash: 20,000 square feet, or as required by the zone district, whichever is greater.
(b)
Automated car wash: 40,000 square feet, or as required by the zone district, whichever is greater.
(c)
Motor vehicle repair or maintenance establishment with automated car wash: 60,000 square feet.
(d)
Motor vehicle repair or maintenance establishment and permitted use other than specified above: 20,000 square feet plus the lot area required for such other use in the zone district within which the establishment is located, but in no event less than 30,000 square feet or less than the minimum lot area required by the zone district, whichever is greater.
(3)
When a motor vehicle repair or maintenance establishment is combined with any other use, the area actually developed or reserved for development by the motor vehicle repair or maintenance establishment shall not be less than the lot area required for the establishment without such additional uses; provided that this requirement shall not apply when the establishment is located within and part of a designed shopping center or other development pursuant to Subsection K(1) above.
(4)
The minimum front yard shall be as required in the zone district within which the establishment is located, but in no event less than 50 feet, measured to the principal building.
(5)
The minimum side and rear yards shall be as required in the zone district within which the establishment is located, but in no event less than 25 feet for the principal building.
(6)
The establishment lot shall be located at least 200 feet from any private property located in a residential zone district; provided that this requirement shall not apply when the establishment is located within and part of a designed shopping center or other development pursuant to Subsection K(1) above.
(7)
There shall be provided along all street frontages a landscaped island at least 15 feet in depth, or as required by the zone district regulations, whichever is greater.
(8)
There shall be no outdoor display of products for sale.
(9)
No vehicles shall be parked or stored outdoors overnight on the premises, unless such vehicles are located within the side and/or rear yards and are screened from the view of public streets and residential zones, with the design of such screening determined by the Planning Board.
(10)
No inoperable or unregistered vehicle shall be parked or stored on the property for more than 30 days per vehicle in any twelve-month period.
(11)
When the establishment is located within and part of a designed shopping center or other development pursuant to Subsection K(1) above, there shall be provided shared access between the repair or maintenance establishment and other development in the shopping center or other development, such that a patron of any of the foregoing uses shall be able to drive a motor vehicle between such uses without traveling on a public street.
