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Mahwah City Zoning Code

§ 24-7.2

Community Residences.

[Amended 10-15-2020 by Ord. No. 1916; 3-10-2022 by Ord. No. 1958]
Community residences, as described in New Jersey Municipal Land Use Law for community residences, shelters, and adult family care homes (N.J.S.A. 40:55D-66.1 and 40:55d-66.2), shall be a permitted use in all residential districts of the township, pursuant to the requirements for single family dwelling units within such districts. Community residences exclusive of those described in the New Jersey Municipal Land Use Law for community residences, shelters, and adult family care homes (N.J.S.A. 40:55D-66.1 and 40:55d-66.2), shall comply with the following requirements.
a. 
No dwelling unit housing more than six (6) persons excluding resident staff may be used or converted to use as a community residence for shelter for victims of domestic violence or a community residence for persons with head injuries unless a conditional use permit has been obtained in advance from the Township Board.
b. 
No community residence or community shelter shall be located within fifteen hundred (1,500') feet of an existing such residence or shelter.
c. 
No additional permits may be issued if the number of persons, other than resident staff, already residing in community residences or community shelters within the municipality exceeds fifty (50) persons, or five tenths (0.5%) percent of the population of the municipality, whichever is greater.
d. 
Standards.
1. 
The requirements for residences occupied by six (6) or fewer persons, excluding resident staff, shall be the same as for single family dwelling units located within such districts.
2. 
The additional minimum requirements for residences occupied by seven (7) persons plus one (1) resident staff member are:
(a) 
A minimum lot area consistent with the zoning requirement.
(b) 
A minimum of three (3) parking spaces.
(c) 
A minimum of two thousand (2,000) square feet of building area.
(d) 
A separate bedroom for the staff member.
(e) 
Two (2) bathroom facilities.
e. 
The further additional minimum requirements for residences occupied by more than seven (7) persons excluding resident staff members are:
1. 
There shall be an increase in building area by one hundred fifty (150) square feet for each additional occupant.
2. 
There shall be an increase in the minimum zoning lot area by twenty (20%) percent for each additional occupant.
3. 
There shall be one (1) additional parking space for every two (2) additional occupants.
4. 
There shall be one (1) additional bathroom facility for every three (3) additional occupants.
5. 
There shall be an increase in common congregating areas, e.g. living rooms, by twenty-five (25) square feet for every one (1) additional occupant.
f. 
Definitions.
1. 
The term "person" shall be synonymous with the term person in N.J.S.A. 40:55D-66.1.
2. 
The term "occupant" shall include persons and resident staff as described in N.J.S.A. 40:55D-66.1.