Mountain Lakes City Zoning Code
ARTICLE XII
Off-Street Parking and Loading
§ 245-95 Off-street parking.
A.
Off-street parking shall be provided in accordance with the requirements of this section unless otherwise specified in this chapter.
B.
The minimum dimensions of an off-street parking space shall be a rectangle 18 feet in length and 10 feet in width, except that the Planning Board may reduce the required width to not less than 8 1/2 feet when the proposed use warrants.
C.
Minimum off-street parking requirements for specific uses:
Use | Requirement |
|---|---|
Adult day-care facility | 1 space per 200 square feet of floor area |
Assisted living residence | 1 space per 2 beds |
Banks, savings institutions | 1 per 200 square feet of floor area |
Child-care center (in nonresidential area) | If the child care center is the principal use, parking shall be provided at 1 space for each employee plus 1 space for each 200 square feet of floor area |
Child-care center (in residential area) | 1 for each employee and 1 for each car owned by the employer, subject to the exception provided under "home occupation" |
Clubs | 1 per 200 square feet of floor area plus 1 per 500 square feet of outdoor facilities. |
Educational play center | 1 space per 200 square feet of floor area |
Health and fitness facility | 1 space per 200 square feet of floor area |
Home occupation | 1 for each nonresident employee or visitor, not to exceed 3, and 1 for each car owned by a resident, except that a review by the Planning Board shall determine if adequate off-street parking can be provided within the residential character of the subject area |
Hotel | 1 space per guest room, plus 1 space per 2 seats in the restaurant/lounge and 1 space per 100 square feet devoted to ballroom or meeting space. The Planning Board may reduce the above parking requirement at its discretion subject to the applicant submitting a shared parking analysis demonstrating that a lesser number of parking spaces can adequately serve the development. The Planning Board may alternatively approve, in its discretion, a valet parking plan which can adequately accommodate activities at the development with a lesser number of parking spaces. |
Indoor commercial recreation use | 1 space per 200 square feet of floor area |
Instructional schools and studios | 1 space per 200 square feet of floor area |
Light manufacturing | 1 per 1,000 square feet of floor area |
Nursing home | 1 per 4 beds, plus 1 employee on maximum shift |
Office: | |
Business/General | 1 per 250 square feet of floor area |
Professional/Medical | 1 per 200 square feet of floor area |
Pet care and grooming facility | 1 space per 200 square feet of floor area |
Philanthropic institutions | Shall be determined by functional use most similar to that which is listed in this section |
Places of worship; Places of assembly | The greater of 1 parking space per every 3 seats or 1 parking space per 1,000 square feet of floor area, whichever is greater. |
Public and private schools | 2 per elementary school classroom 1.5 per middle school classroom 2.5 per high school (secondary) classroom |
Residences | Per RSIS |
Restaurants | 1 per 2 seats or 1 per 50 square feet of floor space |
Retail sales or service | 1 per 250 square feet of total floor space |
Self-storage facility | 1 space per 200 square feet of office area, plus 1 space per 5,000 square feet of storage/warehouse area |
Service stations, automobile or gasoline | 3 per bay, plus 1 per employee in the maximum shift or 1 per 125 square feet of building floor area, whichever is greater. |
Swimming pools | 1 per 30 square feet of pool surface |
Tennis courts | 6 per court |
Townhouses | 2.4 per dwelling unit |
D.
Off-street parking spaces shall be provided in the number required by Subsection C above, except that the Planning Board may, as part of a site plan approval, modify such requirements as follows:
(1)
Approve a site plan showing less paved area for parking than is required by this section, if any applicant can clearly demonstrate that, because of the nature of his operation or use, the parking requirements of this section are unnecessary or excessive; provided that a landscaped area of sufficient size to meet the deficiency shall be set aside and reserved for the purpose of meeting future off-street parking requirements in the event that a change of use of the premises shall make such additional off-street parking spaces necessary.
(2)
Increase the required minimum off-street parking requirement for a nonresidential use, based upon reasonable expectations as to the number of automobiles that a particular use may attract; and
(3)
Impose a maximum limitation on the number of off-street parking spaces based on the nature and character of the area in which the premises are located.
E.
The requirements for uses not listed in Subsection C above shall be the same as for the most similar use which is listed. For mixed uses, the requirement shall be the total of the requirements for each use computed separately. Where no similar use is listed, the requirement shall be as determined by the Planning Board based upon recognized national parking standards, such as Urban Land Institute or Institute of Traffic Engineers.
F.
Off-street parking facilities shall be provided on the same lot as the building to which they are accessory unless during site plan review and approval the Planning Board approves a convenient nearby location as an alternate.
G.
The width of aisles providing direct access to off-street parking stalls shall be as follows:
Parking Angle (degrees) | Minimum Aisle Width (feet) |
|---|---|
30° | 12 |
45° | 13 |
60° | 18 |
90° | 24 |
H.
In nonresidential zones, off-street parking areas shall comply with the following minimum setback requirements:
Zone | Front Yard (ft) | Side Yard (ft) | Rear Yard (ft) |
|---|---|---|---|
A | 10 | 5* | 0* |
B | 10 | 5 | 0 |
OL-1 | 20 | 50* | 50* |
OL-2 | 20 | 50* | 50* |
R-AH3 Overlay | 20 | 20 | 125 |
NOTES: | |
|---|---|
* | In the A Zone, a ten-foot parking setback shall be required where a side or rear yard adjoins a residential zone or use. |
** | In the OL-1 and OL-2 Zones, a 100-foot parking setback shall be required where a side or rear yard adjoins a residential zone or use. |
I.
Off-street parking spaces for single-family residential uses may include garage areas as well as separate outdoor parking areas and driveways. Such spaces and driveways need not all have separate access but shall be distinctly delineated and maintained for the purpose and shall have a firm surface.
J.
Off-street parking facilities for other than single-family residential use shall be paved, drained, lighted and maintained in accordance with all pertinent Borough ordinances and regulations, and shall be arranged for convenient access and safety of pedestrians and vehicles subject to exceptions in cases of home occupations if approved by the Planning Board. Such facilities shall not be used for storage or other unrelated purposes.
K.
Off-street parking facilities for other than single-family residential use which are visible from a public street shall be screened from the street by planting or other means approved by the Planning Board.
L.
In no case shall there be kept in the open for more than 30 days any vehicle which cannot be operated on a public highway by reason of legal, mechanical or other restrictions.
§ 245-96 Off-street loading.
A.
Off-street loading. Every building utilized for commercial or industrial purposes or any other use involved in the receipt or distribution of merchandise, materials, or supplies, shall provide and permanently maintain off-street loading and unloading space. This shall not apply to such activities as personal service establishments, professional offices, business offices and similar uses, provided that these activities and uses can demonstrate that they do not normally send or receive any materials or supplies by means of large trucks or by tractor-trailer.
B.
Every use requiring off-street loading space shall provide such spaces at the side or rear of the principal building in accordance with the following schedule:
Square Feet of Floor Area | Minimum Number of Off-Street Loading Spaces |
|---|---|
0 to 2,500 | 0 |
2,500 to 10,000 | 1 |
10,000 to 25,000 | 2 |
Each additional 20,000 or fraction thereof | 1 additional |
C.
Where required, each loading space shall measure at least 12 feet in width and 45 feet in length, and shall have a vertical clearance of at least 14 feet in height.
§ 245-97 Parking and storage of vehicles in residential zones.
A.
Parking of commercial vehicles. The daytime or overnight outdoor parking of any commercially licensed vehicle with a gross vehicle weight in excess of 6,000 pounds shall be prohibited in any residential zone except in the course of normal business with residents of the area.
B.
Parking and storage of recreational vehicles.
(1)
For the purpose of this subsection, the term "recreational vehicle" shall mean a boat; a boat or any other vehicle mounted on a trailer; an automobile trailer not affixed to a foundation; a non-self-propelled or self-propelled house trailer, camper or motorized home so constructed as to permit the occupancy thereof as a dwelling or sleeping place for one or more persons and having no foundations other than wheels, skids, jacks, or other similar device integral with or portable by such recreational vehicle.
(2)
No recreational vehicle shall be stored or parked in any zone, or in and on any premises in any zone, except in accordance with, and as may be permitted by, Subsection B(3), (4) and (5) herein and provided that any such recreational vehicle shall not be used as living quarters while stored or parked.
(3)
Any recreational vehicle may be stored or parked as follows:
C.
In addition to the provisions of Subsection B(3) above, any recreational vehicle which is five feet or less in height, excluding the mast in case of boats, and 20 feet or less in length, excluding the hitch in case of trailers, may be stored or parked as follows:
(1)
Where the side yard of any premises is, or exceeds, 15 feet, then to the rear of the front setback line of the main building on the premises.
(2)
Where the side yard of any premises is less than 15 feet, then to the rear of the main building on the premises.
(3)
Temporarily in the driveway of a resident owner of any premises by a guest of the resident provided that only one such vehicle is so parked at one time and that all such parking at any one premises shall not exceed 21 days in any one calendar year.
D.
In addition to the provisions of Subsection B(3) above, any recreational vehicle which is nine feet or less in height but more than five feet, excluding the mast, in the case of boats, and 20 feet or less in length, excluding the hitch in case of trailers, may be stored or parked as follows:
(1)
In such a location on the premises, and to the rear of the front setback line of the main building on the premises, where the vehicle is or can be effectively screened, by natural vegetation if possible consisting of trees, shrubs or other plant life, from view from neighboring areas to the end that the vehicle as stored and parked on the premises shall not be clearly visible either from the street or from adjoining properties; provided that no vehicle shall be so stored or parked unless and until the Planning Board has approved both the proposed location and the actual or proposed screening of the vehicle on the premises.
(2)
Any person desiring to so store or park a vehicle on premises as described in Subsection B(5)(a) shall submit a location and screening plan to the Planning Board for its review, consideration and approval. The Planning Board may modify such plan, require additional or substitute screening, and generally take such action as may be necessary to implement the foregoing. Without limitation, the Planning Board may also eliminate, reduce or modify any possible requirement of additional screening in the event that topographical or other natural features render unnecessary the planting of additional natural vegetation to implement the foregoing.
(3)
Temporarily in the driveway of a resident owner of any premises by a guest of the resident, provided that only one such vehicle is so parked at one time and that all such parking at any one premises shall not exceed 21 days in any one calendar year.
§ 245-98 Electric vehicle supply/service equipment (EVSE) and make-ready parking spaces.
A.
Purpose. The purpose of this section is to promote and encourage the use of electric vehicles by requiring the safe and efficient installation of EVSE and make-ready parking spaces through municipal parking regulations and other standards. EVSE and make-ready parking spaces will support the State's transition to an electric transportation sector, reducing automobile air pollution, greenhouse gas emissions, and stormwater runoff contaminants. The goals are to:
(1)
Provide adequate and convenient EVSE and make-ready parking spaces to serve the needs of the traveling public.
(2)
Provide opportunities for residents to have safe and efficient personal EVSE located at or near their place of residence.
(3)
Provide the opportunity for non-residential uses to supply EVSE to their customers and employees.
(4)
Create standard criteria to encourage and promote safe, efficient, and cost-effective electric vehicle charging opportunities in all zones and settings for convenience of service to those that use electric vehicles.
C.
Approvals and permits.
(1)
An application for development submitted solely for the installation of EVSE or make-ready parking spaces shall be considered a permitted accessory use and permitted accessory structure in all zoning or use districts and shall not require a variance pursuant to N.J.S.A. 40:55D-70.
(3)
All EVSE and make-ready parking spaces shall be subject to applicable local and/or Department of Community Affairs permit and inspection requirements.
(4)
The Zoning Officer shall enforce all signage and installation requirements described in this article. Failure to meet the requirements in this article shall be subject to the same enforcement and penalty provisions as other violations of the Borough of Mountain Lakes land use regulations.
(5)
An application for development for the installation of EVSE or make-ready spaces at an existing gasoline service station, an existing retail establishment, or any other existing building shall not be subject to site plan or other land use board review, shall not require variance relief pursuant to (N.J.S.A. 40:55D-1 et seq. or any other law, rule, or regulation, and shall be approved through the issuance of a zoning permit by the administrative officer, provided the application meets the following requirements:
(a)
The proposed installation does not violate bulk requirements applicable to the property or the conditions of the original final approval of the site plan or subsequent approvals for the existing gasoline service station, retail establishment, or other existing building;
(b)
All other conditions of prior approvals for the gasoline service station, the existing retail establishment, or any other existing building continue to be met; and
(c)
The proposed installation complies with the construction codes adopted in or promulgated pursuant to the "State Uniform Construction Code Act," P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.), any safety standards concerning the installation, and any state rule or regulation concerning electric vehicle charging stations.
(6)
An application pursuant to Subsection C(5) above shall be deemed complete if:
(a)
The application, including the permit fee and all necessary documentation, is determined to be complete;
(b)
A notice of incompleteness is not provided within 20 days after the filing of the application; or
(c)
A one-time written correction notice is not issued by the Zoning Officer within 20 days after filing of the application detailing all deficiencies in the application and identifying any additional information explicitly necessary to complete a review of the permit application.
(7)
EVSE and make-ready parking spaces installed at a gasoline service station, an existing retail establishment, or any other existing building shall be subject to applicable local and/or Department of Community Affairs inspection requirements.
(8)
A permitting application solely for the installation of electric vehicle supply equipment permitted as an accessory use shall not be subject to review based on parking requirements.
D.
Requirements for new installation of EVSE and make-ready parking spaces.
(1)
As a condition of preliminary site plan approval, for each application involving a multiple dwelling with five or more units of dwelling space, which shall include a multiple dwelling that is held under a condominium or cooperative form of ownership, a mutual housing corporation, or a mixed-use development, the developer or owner, as applicable, shall:
(a)
Prepare as make-ready parking spaces at least 15% of the required off-street parking spaces, and install EVSE in at least one-third of the 15% of make-ready parking spaces;
(b)
Within three years following the date of the issuance of the certificate of occupancy, install EVSE in an additional one-third of the original 15% of make-ready parking spaces; and
(c)
Within six years following the date of the issuance of the certificate of occupancy, install EVSE in the final 1/3 of the original 15% of make-ready parking spaces.
(d)
Throughout the installation of EVSE in the make-ready parking spaces, at least 5% of the electric vehicle supply equipment shall be accessible for people with disabilities.
(e)
Nothing in this subsection shall be construed to restrict the ability to install electric vehicle supply equipment or make-ready parking spaces at a faster or more expansive rate than as required above.
(2)
As a condition of preliminary site plan approval, each application involving a parking lot or garage not covered in Subsection D(1) above shall:
(a)
Install at least one make-ready parking space if there will be 50 or fewer off-street parking spaces.
(b)
Install at least two make-ready parking spaces if there will be 51 to 75 off-street parking spaces.
(c)
Install at least three make-ready parking spaces if there will be 76 to 100 off-street parking spaces.
(d)
Install at least four make-ready parking spaces, at least one of which shall be accessible for people with disabilities, if there will be 101 to 150 off-street parking spaces.
(e)
Install at least 4% of the total parking spaces as make-ready parking spaces, at least 5% of which shall be accessible for people with disabilities, if there will be more than 150 off-street parking spaces.
(f)
In lieu of installing make-ready parking spaces, a parking lot or garage may install EVSE to satisfy the requirements of this subsection.
(g)
Nothing in this subsection shall be construed to restrict the ability to install electric vehicle supply equipment or make-ready parking spaces at a faster or more expansive rate than as required above.
(h)
Notwithstanding the provisions of this section, a retailer that provides 25 or fewer off-street parking spaces or the developer or owner of a single-family home shall not be required to provide or install any electric vehicle supply equipment or make-ready parking spaces.
E.
Minimum parking requirements.
(1)
All parking spaces with EVSE and make-ready equipment shall be included in the calculation of minimum required parking spaces, pursuant to § 245-95C.
(2)
A parking space prepared with EVSE or make-ready equipment shall count as at least two parking spaces for the purpose of complying with a minimum parking space requirement. This shall result in a reduction of no more than 10% of the total required parking.
(3)
All parking space calculations for EVSE and make-ready equipment shall be rounded up to the next full parking space.
F.
Reasonable standards for all new EVSE and make-ready parking spaces.
(1)
Location and layout of EVSE and make-ready parking spaces is expected to vary based on the design and use of the primary parking area. It is expected flexibility will be required to provide the most convenient and functional service to users. Standards and criteria should be considered guidelines and flexibility should be allowed when alternatives can better achieve objectives for provision of this service.
(2)
Installation:
(a)
Installation of EVSE and make-ready parking spaces shall meet the electrical subcode of the Uniform Construction Code, N.J.A.C. 5:23-3.16.
(b)
Each EVSE or make-ready parking space that is not accessible for people with disabilities shall be not less than nine feet wide or 18 feet in length. Exceptions may be made for existing parking spaces or parking spaces that were part of an application that received prior site plan approval.
(c)
To the extent practical, the location of accessible parking spaces for people with disabilities with EVSE and make-ready equipment shall comply with the general accessibility requirements of the Uniform Construction Code, N.J.A.C. 5:23, and other applicable accessibility standards.
(d)
Each EVSE or make-ready parking space that is accessible for people with disabilities shall comply with the sizing of accessible parking space requirements in the Uniform Construction Code, N.J.A.C. 5:23, and other applicable accessibility standards.
(3)
EVSE parking:
(a)
Publicly-accessible EVSE shall be reserved for parking and charging electric vehicles only. Electric vehicles shall be connected to the EVSE.
(b)
Electric vehicles may be parked in any parking space designated for parking, subject to the restrictions that would apply to any other vehicle that would park in that space.
(c)
Public parking. Pursuant to N.J.S.A. 40:48-2, publicly-accessible EVSE parking spaces shall be monitored by the municipality's police department and enforced in the same manner as any other parking. It shall be a violation of this section to park or stand a non-electric vehicle in such a space, or to park an electric vehicle in such a space when it is not connected to the EVSE. Any non-electric vehicle parked or standing in a EVSE parking space or any electric vehicle parked and not connected to the EVSE shall be is subject to fine and/or impoundment of the offending vehicle as described in the general penalty provisions of this Municipal Code. Signage indicating the penalties for violations shall comply with Subsection F(5) below. Any vehicle parked in such a space shall make the appropriate payment for the space and observe the time limit for the underlying parking area, if applicable.
(d)
Private parking. The use of EVSE shall be monitored by the property owner or designee.
(4)
Safety.
(a)
Each publicly-accessible EVSE shall be located at a parking space that is designated for electric vehicles only and identified by green painted pavement and/or curb markings, a green painted charging pictograph symbol, and appropriate signage pursuant to Subsection F(5) below.
(b)
Where EVSE is installed, adequate site lighting and landscaping shall be provided in accordance with the Borough's ordinances and regulations.
(c)
Adequate EVSE protection such as concrete-filled steel bollards shall be used for publicly-accessible EVSE. Non-mountable curbing may be used in lieu of bollards if the EVSE is setback a minimum of 24 inches from the face of the curb. Any stand-alone EVSE bollards should be three to four feet high with concrete footings placed to protect the EVSE from accidental impact and to prevent damage from equipment used for snow removal.
(d)
EVSE outlets and connector devices shall be no less than 36 inches and no higher than 48 inches from the ground or pavement surface where mounted, and shall contain a cord management system as described in Subsection F(4)(e) below. Equipment mounted on pedestals, lighting posts, bollards, or other devices shall be designated and located as to not impede pedestrian travel, create trip hazards on sidewalks, or impede snow removal.
(e)
Each EVSE shall incorporate a cord management system or method to minimize the potential for cable entanglement, user injury, or connector damage. Cords shall be retractable or have a place to hang the connector and cord a safe and sufficient distance above the ground or pavement surface. Any cords connecting the charger to a vehicle shall be configured so that they do not cross a driveway, sidewalk, or passenger unloading area.
(f)
Where EVSE is provided within a pedestrian circulation area, such as a sidewalk or other accessible route to a building entrance, the EVSE shall be located so as not to interfere with accessibility requirements of the Uniform Construction Code, N.J.A.C. 5:23, and other applicable accessibility standards.
(g)
Publicly-accessible EVSEs shall be maintained in all respects, including the functioning of the equipment. A twenty-four-hour on-call contact shall be provided on the equipment for reporting problems with the equipment or access to it. To allow for maintenance and notification, the Borough of Mountain Lakes shall require the owners/designee of publicly-accessible EVSE to provide information on the EVSE's geographic location, date of installation, equipment type and model, and owner contact information.
(5)
Signs.
(a)
Publicly-accessible EVSE shall have posted regulatory signs, as identified in this section, allowing only charging electric vehicles to park in such spaces. For purposes of this section, "charging" means that an electric vehicle is parked at an EVSE and is connected to the EVSE. If time limits or vehicle removal provisions are to be enforced, regulatory signs including parking restrictions shall be installed immediately adjacent to, and visible from the EVSE. For private EVSE, installation of signs and sign text is at the discretion of the owner.
(b)
All regulatory signs shall comply with visibility, legibility, size, shape, color, and reflectivity requirements contained within the Federal Manual on Uniform Traffic Control Devices as published by the Federal Highway Administration.
(c)
Wayfinding or directional signs, if necessary, shall be permitted at appropriate decision points to effectively guide motorists to the EVSE parking space(s). Wayfinding or directional signage shall be placed in a manner that shall not interfere with any parking space, drive lane, or exit and shall comply with Subsection F(5)(b) above.
(d)
In addition to the signage described above, the following information shall be available on the EVSE or posted at or adjacent to all publicly-accessible EVSE parking spaces:
(6)
Usage fees. Private EVSE: Nothing in this article shall be deemed to preclude a private owner/designee of an EVSE from collecting a fee for the use of the EVSE, in accordance with applicable state and federal regulations. Fees shall be available on the EVSE or posted at or adjacent to the EVSE parking space.