Hanover Township City Zoning Code
ARTICLE XXXVIIIA
PU Public Use District
[Added 12-11-1997 by Ord. No. 34-97]
§ 166-211.1 Permitted principal uses.
[Amended 11-14-2002 by Ord. No. 25-02; 2-8-2007 by Ord. No. 2-07; 9-8-2011 by Ord. No. 26-11; 3-12-2020 by Ord. No. 8-2020]
The PU Public Use District is intended to recognize and accommodate various large-scale public or quasi-public uses in the Township, including county and Township buildings, schools, parks and open space and major utility operations, as well as certain quasi-public, institutional and similar uses. The following principal uses shall be permitted in the PU Zone District, except as may be otherwise prohibited by this chapter:
A.
Offices of municipal, county and federal government.
B.
Governmental public order and safety establishments, including but not limited to police, fire and first-aid establishments.
C.
Governmental facilities designed for the installation, maintenance and repair of public improvements, including but not limited to roadways and bridges, utilities, buildings, parks, athletic facilities and other open space improvements, etc.
D.
Facilities of the United States Postal Service.
E.
Utility facilities of the Hanover Sewerage Authority, Southeast Morris County Municipal Utilities Authority, Town of Morristown and other public utility facilities.
F.
Parks, arboreta, athletic fields and open space facilities.
G.
Institutional uses as defined by § 166-4A and as permitted by § 166-138.4.
H.
State-licensed nursing homes and independent/assisted living facilities as defined by § 166-4A.
I.
Child-care centers.
J.
Cemeteries.
[Added 5-12-2022 by Ord. No. 16-2022]
§ 166-211.2 Permitted accessory uses.
All accessory uses and structures which are customarily subordinate and incidental to permitted principal uses shall be permitted.
§ 166-211.3 Prohibited uses and structures.
To the extent permitted by law, any use other than those listed in §§ 166-211.1 and 166-211.2 is prohibited; provided, however, that notwithstanding the permitted principal and accessory uses provided by this article, the following uses are specifically prohibited to the extent permitted by law:
A.
Bus or autobus, trolley railroad, street railway, traction railway, charterbus or special bus terminal, parking facility, storage or maintenance facility.
B.
Electric substation.
C.
Natural gas transmission pumping facility or pressure reduction facility.
D.
Any facility relating to the collection, transfer, processing, storage or disposal of solid waste or vehicles engaged in the collection of solid waste, except such facilities operated by the Township of Hanover.
E.
A hazardous waste site or any facility relating to the storage, transfer processing or disposal of hazardous waste.
F.
Correctional institutions and similar uses.
G.
Cellular telecommunications antennas, except when mounted on an existing structure and complying with § 166-138.5.
H.
Any use prohibited by the Air Safety and Hazardous Zoning Act, Chapter 260 of the Laws of 1983 (N.J.S.A. 6:1-80 et seq.).
§ 166-211.4 Required conditions.
[Amended 12-13-2001 by Ord. No. 18-2001; 2-8-2007 by Ord. No. 2-07; 9-8-2011 by Ord. No. 26-11; 6-14-2018 by Ord. No. 15-2018; 3-12-2020 by Ord. No. 8-2020; 5-12-2022 by Ord. No. 16-2022; 12-12-2024 by Ord. No. 31-2024]
To the extent permitted by law, the following requirements shall be complied with in the PU Zone District:
A.
Schools, libraries, houses of worship, state-licensed nursing homes, independent/assisted living facilities, state-licensed hospitals and child-care centers shall comply with the following requirements, in addition to all other applicable provisions of this chapter:
(1)
Minimum lot area: three acres for state-licensed nursing homes, independent/assisted living facilities, libraries and child-care centers; five acres for houses of worship and schools; 10 acres for hospitals.
(2)
Maximum density for independent/assisted living facilities: 40 living units per acre of the lot, or 160 total living units, whichever is less. In addition, the maximum number of bedrooms shall not exceed the number of dwelling units multiplied by 1.25, provided that in situations where individual bedrooms are not provided, the foregoing limitation shall apply to the number of beds.
(3)
Maximum building coverage: 35% of the lot area, provided that the building coverage on any lot located within 100 feet of a single-family residential zone district shall not exceed 30% of the lot area.
(4)
Maximum improvement coverage: 65% of the lot area.
(5)
Maximum height of principal building.
(a)
Buildings located within 200 feet of property located within a residential zone district: 40 feet.
(b)
All other buildings: 60 feet.
(c)
Equipment mounted on the roof of any building shall not be permitted to exceed the maximum permitted building height or to exceed the actual height of the building by more than 25% of such building height at the location of the equipment, whichever is less. Such equipment shall be screened from the view of adjacent streets and residential properties.
(6)
Minimum depth of front yard.
(a)
Lots in the PU Zone which are located within 100 feet of any lot which both i) has frontage on the same street and ii) is located in a residential zone district: 100 feet minimum front yard depth.
(b)
All other properties: one foot for each foot of building height, or 50 feet, whichever is greater. If the building varies in height, the setback requirement shall apply independently to each portion of the building, based upon the height of such portion.
(7)
Minimum depth of side and rear yards.
(a)
The minimum side yard depth shall be 20 feet, except for any side yard abutting property located in a residential zone district, which shall have a minimum side yard depth of 75 feet.
(b)
The minimum rear yard depth shall be 30 feet, except for any rear yard abutting property located in a residential zone district, which shall have a minimum rear yard depth of 75 feet.
(8)
Minimum buffer. When the subject property abuts a residential zone district, a planted buffer at least 20 feet in depth shall be provided adjacent to the residential zone district.
(9)
Mixture of independent/assisted living units. At least 25% of the total number of units in an independent/assisted living facility shall be assisted living units.
(10)
Occupancy restriction. Occupancy within independent/assisted living facilities and nursing homes shall be limited to individuals meeting the age restrictions within the state regulations for the facility. In the event that no such state regulations exist, occupancy shall be limited to persons 55 years of age or older.
(11)
Affordable housing. Any independent/assisted living facility or nursing home that is approved to contain five or more new dwelling units and/or bedrooms shall be required to set aside a minimum percentage of dwelling units, bedrooms, and/or beds, as applicable, for affordable housing in accordance with the following requirements. The provision of affordable housing shall not be construed to increase the permitted density or floor area ratio for the development, or to otherwise alter the requirements for such developments.
(a)
For projects in which the low- and moderate-income units are to be offered for sale, the minimum set-aside percentage shall be 20%.
(b)
For projects in which the low- and moderate-income units are to be offered for rent, the minimum set-aside percentage shall be 15%.
(c)
Where the set-aside percentage results in a fraction, the total set- aside requirement shall be rounded upwards to the next whole number.
(d)
The affordable housing set-aside shall be based upon the unit of credit established by the New Jersey Fair Housing Act, N.J.S.A. 52:27D-301 et seq., and the rules and regulations promulgated pursuant to the Fair Housing Act by New Jersey Council on Affordable Housing, N.J.A.C. 5:93-1.1 et seq., the New Jersey Housing and Mortgage Finance Agency's Housing Affordability Controls, N.J.A.C. 5:80-26.1 et seq., as may be amended, and any successor regulation(s). For example, if a dwelling unit is the unit of credit for a particular type of housing, then the set-aside requirement shall apply to the number of dwelling units. Similarly, if a bedroom or bed therein is the unit of credit for a particular housing or assisted living arrangement, then the set-aside requirement shall apply to the number of bedrooms and/or beds therein, as applicable under the circumstances.
(e)
At least 50% of the affordable units within each bedroom distribution, or at least 50% of the affordable bedrooms and/or beds, as applicable based upon the unit of credit, required by this Subsection A(11) shall be affordable to low-income households. The remainder may be affordable to moderate-income households, except that where there is an odd number of affordable housing units, bedrooms, and/or beds as applicable, the extra unit shall be a low-income unit. At least 13% of all affordable units within each bedroom distribution, or at least 13% of the affordable bedrooms and/or beds, as applicable based upon the unit of credit, shall be affordable to households of very-low-income (i.e., a household earning 30% or less of regional median income by household size). The very-low-income units, bedrooms, and/or beds, as applicable, shall be counted as part of the required number of low-income units, bedrooms, and/or beds, as applicable, within the development.
(f)
The affordability control period(s) governing the sale, resale, rental, use and occupancy of all very-low-, low-, and moderate-income ownership and rental units shall be for a period of at least an initial thirty-year minimum term. The affordable control periods for ownership and rental units are hereby established as follows:
[1]
For each affordable ownership unit/bedroom, regardless of the arrangement (i.e., alternative living, assisted living nursing home, etc.), the initial thirty-year minimum term shall begin on the date the first certified affordable household takes title to the specific affordable unit/bedroom, and shall continue to run with the land such that the affordable unit/bedroom remains affordable to very-low-, low-, and/or moderate-income households for the entire initial thirty-year minimum term. At the end of the initial thirty-year minimum term, the affordable controls shall continue to remain in effect thereafter until the Township exercises its option to either extend the affordability control period for each respective unit/bedroom or release each respective unit/bedroom from the affordability controls by formal adoption of an ordinance in accordance with the New Jersey Housing and Mortgage Finance Agency's Housing Affordability Controls, N.J.A.C. 5:80-26.1 et seq., and any successor regulation(s). At no time shall the Township exercise the option to extend or release an affordable unit from its affordability controls until a reasonable time after the end of the initial thirty-year minimum term.
[2]
For each affordable rental unit/bedroom, regardless of the arrangement (i.e., alternative living, assisted living nursing home, etc.), the initial thirty-year minimum term shall begin on the date the first certified affordable household occupies the specific affordable unit/bedroom, and shall continue to run with the land such that each unit/bedroom remains affordable to very-low-, low-, and/or moderate-income households for the entire initial thirty-year minimum term. At the end of the initial thirty-year minimum term, the affordable controls shall continue to remain in effect thereafter until the Township exercises its option to either extend the affordability control period for each respective unit/bedroom or release each respective unit/bedroom from the affordability controls by formal adoption of an ordinance in accordance with the New Jersey Housing and Mortgage Finance Agency's Housing Affordability Controls, N.J.A.C. 5:80-26.1 et seq., and any successor regulation(s). At no time shall the Township exercise the option to extend or release an affordable unit from its affordability controls until a reasonable time after the end of the initial thirty-year minimum term.
(g)
During the initial thirty-year minimum control period, and any extended control period, the sale, resale, rental, use and occupancy of any and all affordable ownership and/or rental unit(s) shall be governed by an affordable housing deed restriction approved by the Township, the New Jersey Fair Housing Act, N.J.S.A. 52:27D-301 et seq., and the rules and regulations promulgated pursuant to the Fair Housing Act by New Jersey Council on Affordable Housing, N.J.A.C. 5:93-1.1 et seq., the New Jersey Housing and Mortgage Finance Agency's Housing Affordability Controls, N.J.A.C. 5:80-26.1 et seq., any successor regulation(s), and the Township's Affordable Housing Ordinances set forth herein and at Chapter 72 of the Township Code pertaining to the specific units, as may be amended from time to time hereafter.
(12)
Architectural design. Buildings shall be designed to mitigate the mass of large buildings through the use of varied materials, projections and recesses of exterior walls, placement of doors and windows, and other features, as determined by the reviewing agency.
(13)
Parking. In addition to all other applicable provisions of this chapter, the following requirements for parking shall apply:
(a)
Minimum number of parking spaces. Residential uses shall provide the minimum number of parking spaces as required by § 166-154 and by the New Jersey Residential Site Improvement Standards, N.J.A.C. 5:21-1.1 et seq. Nonresidential uses shall provide the minimum number of parking spaces required by § 166-155.
(b)
Parking areas shall be located at least 40 feet from any street right-of-way, exclusive of the right-of-way for Route 24, Route 178 and Route 287, at least five feet from any other lot lines and at least 25 feet from any property line developed or zoned for primarily residential use.
(14)
Ambulance pickup/delivery. An area or areas shall be designated on the site for ambulance pickup. Such area shall be located and designed to minimize detrimental impacts to adjacent or nearby residential areas from ambulance sirens and lights, as determined by the reviewing agency.
(15)
Signs. Schools, libraries and houses of worship and child-care centers shall be subject to the provisions of § 166-1411. State-licensed nursing homes, independent/assisted living facilities and state-licensed hospitals shall be subject to the provisions of § 166-143. In addition, all other provisions of this chapter applicable to signs shall be complied with.
B.
Recognizing that governmental entities and certain utility authorities enjoy full or partial exemption from municipal zoning requirements, strict lot and bulk standards are not required in the PU District for the developments of such entities; rather, as part of any courtesy review required by N.J.S.A. 40:55D-31, the Planning Board shall be guided by the following objectives in making recommendations concerning the particular development:
(1)
The development shall be consistent with the Township's Master Plan and shall consider county, regional and state plans for the Township and shall conform with all applicable regulations of the county, state or federal governments, as well as any regional entities having jurisdiction.
(2)
The development shall minimize negative impacts to the natural and man-made environment, including wetlands, areas prone to flooding, stream corridors, steep slopes, surface and groundwater systems, trees, threatened or endangered wildlife, historic landmarks, existing structures, neighborhood character and the fiscal stability of the community.
(3)
The development shall advance the purposes of this chapter and the Municipal Land Use Law[1] as applicable.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
(4)
The area, dimensions, setbacks and other configuration of the subject property shall be compatible with the lot patterns established in the neighborhood and shall provide a suitable amount of land that will enable appropriate development without undue environmental impact.
(5)
Streets, driveways, aisles, sidewalks and other aspects of the development shall be designed to permit the safe, efficient and orderly movement of vehicular and pedestrian traffic; discourage heavy volumes of through traffic or truck traffic on minor streets and in residential areas; provide for anticipated future volumes and speeds of traffic; and provide for adequate access and movement of emergency and service vehicles including police and fire-fighting equipment, school buses, street maintenance vehicles, garbage trucks, delivery vehicles, etc.
(6)
The design of drainage improvements shall be designed to safely accommodate anticipated stormwater flows and to protect against flooding and flood damage.
(7)
The location and design of buildings shall encourage the most appropriate use and development of the site and adjacent properties; preserve and enhance natural features and the physical environment; promote a desirable visual environment which is harmonious with the character of existing development and which enhances the character of the surrounding neighborhood and the Township as a whole and avoids adversely effecting the value of adjacent or nearby properties; use exterior colors, facade or roof materials or a combination of colors and materials that are harmonious; create a coordinated and harmonious appearance through the relationship of design features, such as height and mass, building proportions, roof lines, building projections and ornamental features.
(8)
Landscaping shall be designed to preserve and enhance the visual identity of the site, neighborhood and Township as a whole; mitigate the potentially harmful effects of soil and vegetative disturbance, lighting, and noise; buffer incompatible uses; screen various improvements, including buildings, parking and loading areas, utilities and drainage structures, storage areas, etc., from streets and adjacent properties, as appropriate; and shall not interfere with traffic safety, light fixtures, electric and telephone lines or other utilities. The buffer requirements of § 166-125 shall also be complied with.
