New Hanover Township, NJ Zoning Ordinance

Any multifamily or single-family attached residential development, including the residential portion of a mixed-use project, that is approved to contain five or more new dwelling units shall be required to set aside a minimum percentage of units for affordable housing.

For inclusionary projects in which the low and moderate units are to be offered for sale, the minimum set-aside percentage shall be 20%; for projects in which the low- and moderate-income units are to be offered for rent, the minimum set-aside percentage shall be 15%. Where the set-aside percentage results in a fractional unit, the total set-aside requirement shall be rounded upwards to the next whole number.

Nothing in this section precludes the Township or a Township Land Use Board from imposing an affordable housing set-aside in a development not required to have a set-aside pursuant to this section consistent with N.J.S.A. 52:27D-311(h) and other applicable law.

This requirement does not create any entitlement for a property owner or applicant for subdivision or site plan approval, a zoning amendment, use variance, or adoption of a redevelopment plan or rehabilitation plan in areas in need of redevelopment or rehabilitation, or for approval of any particular proposed project.

This requirement does not apply to any sites or specific zones for which higher set-aside standards have been or will be established, either by zoning, subdivision or site plan approval, or an adopted redevelopment plan or rehabilitation plan.

If the Township's Settlement Agreement with Fair Share Housing Center ("FSHC") last executed on March 7, 2019, or the Township's 2019 Housing Element and Fair Share Plan establishes set-aside standards for any specific sites or zones which are different from the set-aside standards set forth in this section, the set-asides established for those sites or zones in the Settlement Agreement or Housing Element and Fair Share Plan shall govern.

Furthermore, this requirement shall not apply to residential expansions, additions, renovations, replacement, or any other type of residential development that does not result in a net increase in the number of dwellings by five or more.

Where a developer demolishes existing dwelling units and builds new dwelling units on the same site, the provisions of this section shall apply only if the net number of dwelling units is five or more.

All subdivision and site plan approvals of qualifying residential developments shall be conditioned upon compliance with the provisions of this section.

All affordable units to be produced pursuant to this section shall comply with the Township's Affordable Housing Ordinance at Chapter 72 of the Township Code and the Uniform Housing Affordability Controls (N.J.A.C. 5:80-26.1 et seq.), as may be amended from time to time, and any applicable order of the Court, including a judgment of compliance and repose order.

§ 166-109 Conformance with regulations required.

No land or premises may be used and no building or structure may be erected, raised, moved, extended, enlarged, altered or used for any purpose other than a purpose permitted herein, and all construction shall be in conformity with the regulations provided for the district in which such building or premises is located.

§ 166-110 Building permits and plans.

Permits for one- and two-dwelling units.

No building to be used for detached one- and two-dwelling units and no accessory structures, including fences and walls, shall be erected, raised, moved, extended, enlarged, altered or demolished until a permit has been granted by the Construction Official. Application therefor shall be filed in triplicate with the Construction Official by the owner or his agent, and it shall state the intended use of the structure and of the land. The application shall be accompanied by detailed plans and specifications and a plot plan showing open spaces, building lines within the block, the proposed building, setback limits, garage floor and first floor elevations, proposed lot and curb elevations, existing and proposed finished contour lines, limits of tree removal and such other information as may be required to show that the proposed building or other structure complies with all the requirements of this chapter. Plans shall be drawn to scale and shall show actual dimensions in figures. All lots shall be graded so that surface waters will be carried away from buildings and so as not to permit the collection of surface waters on the lot. Contour lines shall be drawn at two-foot intervals.

All plans, specifications and plot plans shall be signed by a duly licensed architect or a licensed professional engineer of the State of New Jersey, or the owner may sign the building plans in the event that he personally has prepared them. In such case, the owner shall file an affidavit to that effect in accordance with the law. Notwithstanding any other provisions of this section, a licensed land surveyor of the State of New Jersey may prepare and certify the required plot plan only.

One copy of the application shall be transmitted forthwith by the Construction Official to the Township Engineer, who shall examine it with respect to engineering detail and report his findings and objections, if any, to the Construction Official.

Permits for other than one- and two-dwelling units.

[Amended 7-9-1987 by Ord. No. 22-87]

No building or structure to be used for any use other than a detached one- and two-dwelling unit shall be erected, raised, moved, extended, enlarged or demolished until a permit has been granted by the Construction Official after site plan approval, as required by Part 4 of this chapter, has been granted by the Planning Board.

No building permit shall be issued for the erection, construction, reconstruction, structural alteration or moving of any building or structure or part thereof unless the plans and intended use indicate that such building or structure is designed to conform in all respects to the provisions of this Part 5.

When required by the Planning Board or Board of Adjustment, or by any other officer or agency having the responsibility to review and approve development activity, the applicant for any nonresidential use shall submit, in duplicate, all plans of the proposed construction and development, including a description of the proposed machinery, operation and products, to the extent known at that time, as well as an affidavit by the applicant acknowledging his understanding of the applicable performance standards and agreement to conform to same at all times. If there is any reasonable doubt as to the likelihood of the intended use conforming to the performance standards, the Board shall refer the application for investigation and report to one or more expert consultants selected by the Board as qualified to advise on conformance with the required performance standards. A copy of the consultant's report shall be promptly furnished to the applicant. Any permit authorized and issued shall be conditioned, among other things, upon the applicant's completed buildings and installations, in operation, conforming to the applicable performance standards. The cost of said expert consultant's service shall be charged against the escrow deposit accounts as set forth in Article VII of this chapter.

[Amended 12-22-1993 by Ord. No. 36-93; 6-8-1995 by Ord. No. 16-95; 12-13-2012 by Ord. No. 23-12; 12-14-2017 by Ord. No. 26-2017]

Notwithstanding any other provision of this section, the applicant shall file with the Construction Official a certificate obtainable from the Secretary of the Sewerage Authority indicating the consent and approval of the Authority for the installation of such sewer lines and associated facilities, including lift pumps, siphons, building Y-branches, etc., as the Authority may require, and the payment by the applicant to the Authority of all costs, fees and other charges as may be required by said Authority in connection with said installation. In instances where such certificate is not obtainable from the Sewerage Authority, a permit from the Board of Health certifying that the proposed water supply and sewerage facilities are in accordance with all applicable local and state health laws shall be submitted to the Construction Official.

Where an applicant for a residential use in a residential zone will require a variance from the chapter for any area or front, rear or side yard setback requirements, only a site plan and elevation drawings will be necessary to support an application to the Board of Adjustment. The Board of Adjustment may require detailed plans and specifications if, in its judgment, the same are necessary to a determination of the application.

Permits for electric vehicle supply/service equipment (EVSE) or make-ready parking spaces. In accordance with P.L. 2021, c. 171,[1] and the subsequent model ordinance promulgated by the New Jersey Department of Community Affairs, permits for electric vehicle supply/service equipment (EVSE) or make-ready parking spaces, as defined in Subsection O of § 166-153, shall be required and administered as follows

[Added 12-19-2022 by Ord. No. 35-2022]

All EVSE and make-ready parking spaces shall be subject to applicable local and/or Department of Community Affairs permit and inspection requirements.

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 Zoning Officer, provided the application meets the following requirements:

The proposed installation does not violate any of the zoning requirements applicable to the property or the conditions of any site plan or other approvals for the existing gasoline service station, retail establishment, or other existing building in effect at the time of the permit;

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

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.

An application for a zoning permit for the installation of EVSE or make-ready spaces pursuant to Subsection C(2) above shall be deemed complete if:

The application, including the permit fee and all necessary documentation, is determined to be complete;

A notice of incompleteness is not provided within 20 days after the filing of the application; or

A one-time written correction notice is not issued by the Zoning Officer/Construction Official 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.

A permit application solely for the installation of electric vehicle supply equipment permitted as an accessory use shall not be subject to review based on requirements for the number of parking spaces.

Editor's Note: See N.J.S.A. 40:55D-66.18 et seq.

§ 166-110.1 Tree removal permits.

[Added 12-19-2011 by Ord. No. 30-11; amended 8-23-2012 by Ord. No. 19-12]

Applications for tree removal permits required by § 166-131 shall comply with the following procedures:

The applicant shall submit a completed application form, a plan depicting the proposed tree protection, removal and replanting, and an application fee as set forth in § 166-48M. Application forms shall be available from the Township Engineering Department. The application and form and plans shall provide all information required to demonstrate compliance with § 166-131. In cases where disturbance of more than one acre is proposed, the plan and application may estimate the number, size and species of trees to be removed based upon a representative sample of trees on the site. Such sample shall be based upon at least one acre of land and the sample area shall be delineated on the tree removal plan and marked in the field. The reviewing agency shall verify that the sample area is representative of the entire area to be affected by tree removal, such that estimated number, size and species to be removed is an accurate representation of the number, size and species to be removed based upon a complete count of the trees to be removed.

[Amended 2-14-2013 by Ord. No. 3-13]

The tree protection, removal and replanting plan shall be prepared by an individual with sufficient expertise in the subject matter, as the circumstances in each case may require. If deemed necessary, the Township Engineer may require that the plan be prepared by and/or certified by a surveyor, engineer, landscape architect, architect, arborist, certified wetland delineator or other appropriate professional.

The application shall be reviewed for completeness by the Township Engineer or his designee. Such review may include inspection of the subject property. If the application is incomplete, the Township Engineer shall notify the applicant of the deficient information within 10 business days of the application submission; otherwise, the application shall be deemed to be complete. If determined incomplete, no further action shall be taken unless and until the deficiencies are addressed.

Unless determined incomplete, the Township Engineer shall issue or deny a tree removal permit within 10 business days of submission of the application; provided, however, that in the case of an application that proposes to plant replacement trees at an off-site location pursuant to § 166-131G(5) and (6), the application shall be referred to the Planning Board for its review and comment, and in which case the Township Engineer shall issue or deny such tree removal permit within 45 days of submission of the application. Failure of the Township Engineer to act within the prescribed period shall be deemed to be an approval of the application. The Township Engineer shall grant or deny the application based upon the criteria in § 166-131 and shall inform the applicant of the decision.

[Amended 10-11-2018 by Ord. No. 21-2018]

If the application is approved, the holder of a tree removal permit shall notify the Township Engineer or the Township Engineering Department in person, by telephone or in writing at least three business days prior to the commencement of tree removal activities.

Appeals of the issuance or denial of a tree removal permit shall be made in accordance with the procedures for appeals of decisions of the Zoning Officer set forth in §§ 166-21 through 166-24.

Tree removal permits shall expire and be null and void if the approved tree removal does not occur within one year of the date of the permit approval. The Township Engineer may grant extensions of the permit approval for good cause shown.

Emergency tree removal. In the case of an emergency situation requiring immediate removal of the tree(s) in order to avoid or remedy an imminent or clear and present danger to life or property, such trees may be removed without prior approval. In such cases, the property owner shall notify the Township Engineer or his designee no later than seven days after removal, and shall document the emergency conditions that required the immediate removal of the tree(s) in question.

§ 166-111 Separation of lot from parcel.

When a new lot or lots are formed from part of a parcel of land, the separation must be effected in such a manner as not to impair any of the provisions of this chapter.

§ 166-112 (Reserved) [1]

Editor's Note: Former § 166-112, Mixed uses, was repealed 2-26-2009 by Ord. No. 5-09.

§ 166-113 Yards.

[Amended 7-9-2015 by Ord. No. 18-15]

General. Every lot shall contain front, rear and side yards as required by this chapter. In addition, the following provisions shall apply:

All required yard depths shall be measured perpendicular to the lot line and shall be measured between the lot line and the nearest portion of the building, excluding any encroachments permitted by this chapter.

On streets less in width than proposed or required by applicable county, state or borough plans or regulations, the minimum required front yard shall be measured from the proposed right-of-way line or road widening easement, whichever is more restrictive.

Yards shall be open and unoccupied by buildings or other structures, except as permitted otherwise by this chapter.

No yard or other open space shall be so reduced in area or dimension as to make it less than the minimum depth required under this article.

Lot line and yard determinations for uncommon or atypical lots. In the event that the definitions of lot lines and yards in § 166-4 do not allow for a clear or reasonable determination of front, rear and side lot lines or yards, as for example in the case of flag lots or land-locked parcels which may be nonconforming or created by variance, the determination of such lot lines and yards shall be made by the Zoning Officer. Any such determination may be appealed following the procedures set forth in the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., and this chapter. In making such determination and deciding such appeals, the following guidelines shall apply:

[Added 9-13-2018 by Ord. No. 19-2018]

Generally, the common boundaries between lots are to be defined the same. Thus, if the common boundary is a rear lot line for one lot, it is to be considered a rear lot line for all lots that share that boundary. The same case applies when a common boundary is a side lot line. There are exceptions to this principle, however, such as when a rear lot line on a corner lot is also the side lot line of the property sharing the same boundary.

Generally, rear lot lines intersect side lot lines or other rear lot lines, but not front lot lines. There are exceptions to this principle, however, such as when a rear lot line on a corner lot intersects one or more of the front lot lines.

Generally, side lot lines intersect front lot lines and/or rear lot lines. Side lot lines may also intersect other side lot lines, as for example in the case of corner lots in the nonresidential zones.

Generally, rear lot lines and rear yards are located to the rear of the principal building, and side yards are located to the side of the principal building. There are exceptions to this principle, however, such as when the principal building is at a severe angle to the lot line(s), or the lot line(s) curve or angle along more than one wall of the building, the lot is unusually shaped, the building is unusually shaped or oriented, etc.

Generally, front yards are located in front of the principal building, across the full width of a lot. There are exceptions to this principle, however, such as in the case of flag lots and landlocked parcels not having frontage on an approved street. In such cases, the front yard may be more limited in extent or there may be no front yard at all, as with a landlocked parcel.

In cases where the application of these guidelines conflict with or contradict one another or the lot line and yard definitions in § 166-4, the determination of front, side and rear lot lines and yards shall be made by the Zoning Officer based upon the facts in each situation.

Lot line and yard determinations for certain corner lots and through lots. Notwithstanding the lot line and yard definitions for corner lots and through lots in this chapter, the Zoning Officer may in exceptional circumstances determine that a lot line abutting a street right-of-way is a rear lot line or side lot line, and that the entire area between such lot line and the principal building is a rear yard or side yard. In addition, the Zoning Officer may determine that other lot lines and yards on corner lots and through lots are to be construed differently than defined by this chapter. The following shall apply:

[Added 9-13-2018 by Ord. No. 19-2018]

In the case of corner lots, such determinations shall only be made if there are exceptional circumstances that would produce a result clearly contrary to the intent of the zoning regulations if the definitions in § 166-4 were applied, as evidenced by:

An exceptional orientation of the principal building on the lot and/or on adjacent lots;

An exceptional condition of usage of yard areas on the lot and/or on adjacent lots; and/or

An exceptional situation involving frontage upon a highway and in which the yard abutting the highway is and could not reasonably be expected to be used as a front yard.

In the case of through lots, such determinations shall only be made if there is a clear and consistent pattern in the immediate vicinity of other lots treating such lot lines and yards in the same manner, as evidenced by:

A pattern of the same or similar orientation of principal buildings toward the same street;

A pattern of the same or similar setback of principal buildings from the same street;

A pattern of driveways providing access from the same street;

A pattern of the same or similar the usage of yard areas; and/or

A pattern of fences and/or buffers providing separation from the same street.

Prior to making such determinations, the Zoning Officer may require the permit applicant to notify adjacent property owners of the permit application in sufficient time for such owners to review the application and communicate any objections to the Zoning Officer.

In making such determinations, the Zoning Officer may impose certain reasonable requirements and/or conditions in order to preserve the neighborhood development pattern and to protect the public health, safety and welfare. Such requirements and/or conditions may relate to, but are not limited to, permitted accessory uses and structures; required setbacks; screening; fence height, location and design; driveway design and location; sight distance for streets, driveways and sidewalks; and property maintenance.

Any Zoning Officer determination, and any requirement and/or condition imposed by the Zoning Officer, may be appealed in the same manner as any other determination of the Zoning Officer in accordance with this chapter and the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.

Permitted yard encroachments. Except as hereinafter specified, or as may be specified otherwise by this chapter, yards and courts shall be entirely free of buildings, structures, or parts thereof. The foregoing shall not be construed to permit any portions of a building or other structure to encroach into any street or other right-of-way or onto adjacent property or into any easement where such buildings or structures are prohibited.

[Amended 9-24-2015 by Ord. No. 26-15; 5-14-2020 by Ord. No. 15-2020]

Yard encroachments permitted by other provisions of this chapter, expressly or implied, shall be as set forth in the sections regulating such uses and structures. In case of conflict between the provisions of this subsection and other provisions of this chapter, the more restrictive requirement shall apply.

Ingress and egress structures.

[Amended 2-10-2022 by Ord. No. 3-2022]

INGRESS AND EGRESS STRUCTURE

For purposes of this subsection, the following definitions shall apply:

ABOVE GRADE

Located at least one foot in elevation above the elevation of normal grade directly below the point of measurement. (See "normal grade" in the definition of "height of building or structure" in § 166-4.)

An unenclosed above-grade structure, which may include a stairway or ramp to grade, which is designed primarily to provide ingress and/or egress to a building, porch, deck, raised patio, or other similar raised floor level. Excluded from this definition shall be at-grade or below-grade structures, as well as the decks, raised patios, and other similar raised outdoor recreational structures to which the ingress and egress structure(s) is (are) accessory.

Ingress and egress structures may encroach into the minimum required yards as set forth below:

Any encroachment into the minimum required front, side and rear yards shall only be permitted for such structures located at an elevation at or below the level of the ground/first floor and/or basement, except as provided below for fire escapes. In the case of split-level, bi-level, or other situations involving multiple floor levels, the determination of what is the ground/first floor and/or basement levels shall be made by the Zoning Officer, the intent being to only permit encroachment into yards only by such structures that provide ingress and egress to lower, and not upper, floor levels.

No encroachment into the minimum required front, side or rear yards shall be permitted for any ingress and egress structure that is enclosed by walls, screens, windows or other similar enclosures.

Ingress and egress structures shall be permitted a roof, canopy, awning or similar covering, as well as any necessary support columns and open railings, subject, however, to the provisions of Subsection B(4) below.

Setback from front lot lines. Ingress and egress structures shall not encroach more than 10 feet into the minimum required front yard(s). The cumulative area of all such encroachments shall not exceed 150 square feet for each front yard.

Setback from side lot lines. Ingress and egress structures shall not be located closer to each side lot line than five feet less than the minimum required for principal buildings. For example, if the principal building is required to be set back at least 15 feet from the side lot line, ingress and egress platforms shall be located at least 10 feet from the side lot line. The cumulative area of all such encroachments shall not exceed 75 square feet for each side yard.

Setback from rear lot lines. Ingress and egress structures shall be set back from the rear lot line(s) a distance not less than 1/2 the minimum rear yard depth required for principal buildings. For example, if the principal building is required to be 50 feet from the rear lot line, ingress and egress platforms shall be located at least 25 feet from the rear lot line.

Fire escapes may encroach up to four feet into any required side or rear yard.

Awnings, roofs, and canopies over ingress and egress structures, doors and windows may encroach up to five feet into any required minimum front yard for principal buildings. Awnings, roofs, and canopies over ingress and egress structures shall be set back from the side and rear lot lines a distance not less than that required for the ingress/egress structure.

[Amended 2-10-2022 by Ord. No. 3-2022]

Cornices and eaves may encroach up to three feet into any required yard, except as provided otherwise by Subsection B(4) above.

Sills, leaders, belt courses and similar ornamental structural features may encroach up to six inches into any required yard.

Heating, ventilating and air-conditioning equipment, pool pumps and filters, basement window wells, "Bilco"-style basement doors, and similar equipment and structures may encroach into any required side or rear yard, provided that the same shall be required to be located at least five feet from side lot lines and 10 feet from rear lot lines.

At-grade or below-grade structures, including but not limited to sidewalks, window wells, basement stairwells and similar structures, shall be permitted to encroach into required yards without limitation, except such limitations as may be imposed by other requirements of this chapter or by other laws or regulations.

Railings, guiderails or similar protective features for ingress and egress structures, retaining walls, and at-grade or below-grade structures shall be subject to the same yard requirements as the structures to which they are accessory, provided that such structures shall be required to comply with the requirements for fences in this chapter.

§ 166-113.1 Building coverage, improvement coverage and floor area ratio requirements in single-family residential zone districts.

[Added 6-13-1996 by Ord. No. 6-96; amended 8-16-2007 by Ord. No. 16-07; 2-10-2022 by Ord. No. 2-2022]

In addition to all other applicable requirements of this chapter, residential development located in any zone district intended primarily for single-family detached residences (e.g., R-40, R-40N, R-30, R-25, R-21, R-15, and R-10 Zone Districts) shall comply with the building coverage, improvement coverage and floor area ratio requirements set forth below:

Maximum building coverage and floor area ratio.

Lot Area (square feet)	Maximum Building Coverage	Maximum Floor Area Ratio
0 - 14,999	20%, but not above 2,700 square feet	30%, but not above 3,600 square feet
15,000 - 19,999	18%, but not above 3,200 square feet	24%, but not above 4,200 square feet
20,000 - 24,999	16%, but not above 3,500 square feet	21%, but not above 4,750 square feet
25,000 - 29,999	14%, but not above 3,600 square feet	19%, but not above 5,100 square feet
30,000 - 34,999	12%, but not above 3,850 square feet	17%, but not above 5,600 square feet
35,000 - 40,499	11%, but not above 4,050 square feet	16%, but not above 6,075 square feet
40,500 and over	10%	15%

Maximum improvement coverage.

Lot Area (square feet)	Maximum Improvement Coverage
0 - 10,000	44.5% of lot area
10,000 - 14,999	4,450 square feet, plus 0.20 square foot for each 1 square foot of lot area over 10,000 square feet
15,000 - 19,999	5,450 square feet, plus 0.18 square foot for each 1 square foot of lot area over 15,000 square feet
20,000 - 24,999	6,350 square feet, plus 0.15 square foot for each 1 square foot of lot area over 20,000 square feet
25,000 - 29,999	7,100 square feet, plus 0.13 square foot for each 1 square foot of lot area over 25,000 square feet
30,000 - 34,999	7,750 square feet, plus 0.13 square foot for each 1 square foot of lot area over 30,000 square feet
35,000 - 39,999	8,400 square feet, plus 0.11 square foot for each 1 square foot of lot area over 35,000 square feet
40,000 - 44,999	8,950 square feet, plus 0.11 square foot for each 1 square foot of lot area over 40,000 square feet
45,000 - 49,999	9,500 square feet, plus 0.10 square foot for each 1 square foot of lot area over 45,000 square feet
50,000 and over	20% of lot area

As an example, the maximum improvement coverage is 4,850 square feet for a lot with an area of 12,000 square feet, based upon the following calculations:

12,000 square feet lot is in category of 10,000 - 14,999 square feet lot area.

For this category, the maximum improvement coverage is 4,450 square feet, plus 0.20 square foot for each 1 square foot of lot area over 10,000 square feet.

12,000 square feet - 10,000 square feet = 2,000 square feet

2,000 square feet x 0.20 = 400 square feet

4,450 square feet base coverage + 400 square feet additional coverage = 4,850 square feet

§ 166-113.2 Exclusions from floor area requirements.

[Added 2-12-2015 by Ord. No. 1-15]

Notwithstanding the definitions of "floor area" and "floor area ratio" in § 166-4A, the following floor areas shall be excluded from the minimum floor area, maximum floor area and maximum floor area ratio requirements of this chapter, unless specifically indicated otherwise in the regulations for the individual zone districts:

Residential development.

Attic and basement floors.

Unenclosed porches, breezeways, carports, gazebos and other such roofed structures not enclosed by windows, screens or other similar enclosures.

The interior portions of buildings that do not contain actual floor platforms, including but not limited to the upper areas of multiple-story rooms, the upper areas of stairwells and the like.

The interior portions of buildings where the floor-to-ceiling height is less than six feet.

Chimneys.

For minimum floor area requirements only, all nonhabitable floor areas shall be excluded, in addition to the foregoing exclusions.

Nonresidential development.

Floor areas within parking decks and structures, private garages and other buildings or roofed structures, which are used for the parking of motor vehicles used by employees and patrons of the nonresidential use on a regular basis. The foregoing shall not be construed to exclude floor area used for motor vehicle storage, sale, display or servicing, unless otherwise excluded.

Floor areas within attics and basements which are unused or are dedicated to use for inactive storage. For purposes of administering this provision, "inactive storage" shall mean storage of a long-term nature which does not experience frequent turnover of material or frequent visitation by employees or other personnel associated with the use.

Floor areas within attics and basements dedicated to mechanical equipment and utilities necessary for the use of the building, included but not limited to electrical panels, water heaters, furnaces, air-conditioning equipment and other such equipment and utilities. The foregoing shall not be construed to exclude areas used for storage of equipment for sale or distribution, or equipment used in any industrial process or function that is part of the nonresidential operation, unless such storage is otherwise excluded.

Unenclosed porches, breezeways, carports, gazebos and other such roofed structures not enclosed by windows, screens or other similar enclosures.

The interior portions of buildings that do not contain actual floor platforms, including but not limited to the upper areas of multiple-story rooms, the upper areas of stairwells and the like.

The interior portions of buildings where the floor-to-ceiling height is less than six feet.

Chimneys.

Mixed-use development. The provisions of Subsections A and B, respectively, shall apply to the residential and nonresidential portions of the development. In the event that portions of the development are shared such that the residential and nonresidential portions cannot be distinguished, the more restrictive provision shall apply.

§ 166-114 Accessory buildings.

[Amended 5-12-2005 by Ord. No. 14-2005]

General. No accessory building and other roofed accessory structure may be built on any lot on which there is no principal building or structure, except that bus shelters shall be permitted on a lot without a principal structure.

[Amended 4-11-2013 by Ord. No. 13-13]

Buildings and other roofed structures accessory to residential use. The following requirements shall apply to buildings and roofed structures that are accessory to residential uses; provided, however, that if the standards in a particular zone district or other section of this chapter conflict with any of the following requirements, the standards for the district or section, as applicable, shall apply:

[Amended 4-11-2013 by Ord. No. 13-13; 9-13-2018 by Ord. No. 19-2018; 12-13-2018 by Ord. No. 37-2018; 12-12-2019 by Ord. No. 55-19; 12-10-2020 by Ord. No. 30-2020]

Permitted yards.

No accessory building or other roofed accessory structure shall be permitted in the front yard, provided that bus shelters and gatehouses designed to serve multifamily residential developments shall be permitted in the front yard.

On corner lots and through lots, no accessory building or other roofed accessory structure shall be permitted in any front yard.

Accessory buildings and other roofed accessory structures are permitted in the side and rear yard, subject to the requirements of this subsection and all other applicable requirements of this chapter.

Required setbacks.

[Amended 2-10-2022 by Ord. No. 3-2022]

Attached structures. When an accessory building or other roofed accessory structure is attached to a principal building or is separated from the principal building by a distance less than 10 feet or the height of said accessory building or roofed structure, whichever is greater, such accessory building shall be subject to the same minimum yard setback requirements as the principal building. In cases where the setback regulation is based upon the height of the building, the applicable setback requirement shall be based upon the height of the accessory building or roofed structure.

Detached structures in side yard. Detached accessory buildings and other roofed detached accessory structures located within the side yard shall be subject to the required minimum front and side yard setbacks for principal buildings in the zone.

Detached structures in rear yard. Detached accessory buildings and other roofed detached accessory structures located within the rear yard shall be subject to the following:

Accessory buildings and other roofed accessory structures in the rear yard on corner lots or through lots shall be subject to the required minimum front yard setbacks for principal buildings in the zone.

Accessory buildings and other roofed accessory structures which are enclosed by walls, or which are not used or intended for use for outdoor recreational activity, and which are located in the rear yard shall be located at least 10 feet from the side and rear lot lines.

Accessory buildings and other roofed accessory structures which are not enclosed by walls and which are used or intended for use for outdoor recreational activity, such as certain cabanas, gazebos, and similar structures, and which are located in the rear yard shall comply with the setback requirements applicable to patios, porches, and decks in § 166-136.

Maximum height. The maximum permitted height of detached accessory buildings and other detached roofed accessory structures shall be as follows:

Detached garages: 1 1/2 story or 17 feet, whichever is less; provided, however, that no detached garage shall be permitted to have a height greater than 13 feet unless the main roof of such garage has a pitch of at least 4:12 (vertical: horizontal).

Other detached structures: one story and 13 feet.

Maximum building coverage. In addition to the requirements of § 166-113.1., the maximum cumulative building coverage of all detached accessory buildings and roofed accessory structures, excluding detached accessory structures used for the keeping of livestock as permitted by § 166-136.2., shall be as follows:

Lot Area (square feet)	Maximum Building Coverage
0 to 13,249	5.000% of the lot area, but not more than 550 square feet
13,250 to 16,499	4.151% of the lot area, but not more than 600 square feet
16,500 to 19,749	3.636% of the lot area, but not more than 650 square feet
19,750 to 22,999	3.291% of the lot area, but not more than 700 square feet
23,000 to 26,249	3.043% of the lot area, but not more than 750 square feet
26,250 to 29,499	2.857% of the lot area, but not more than 800 square feet
29,500 to 32,749	2.712% of the lot area, but not more than 850 square feet
32,750 to 35,999	2.595% of the lot area, but not more than 900 square feet
36,000 or more	900 square feet

In addition to the requirements of Subsection B(4) above, the aggregate building coverage of all detached accessory buildings and roofed accessory structures, excluding detached accessory structures used for the keeping of livestock as permitted by § 166-136.2, shall not exceed 1/2 of the actual building coverage of the principal building on the same lot.

No more than two detached accessory buildings or roofed accessory structures shall be permitted on any residential lot, except for permitted multifamily residential developments.

The aggregate number of vehicle spaces in garages, both detached and attached, shall be subject to the requirements of § 166-118.

The exterior walls and roofs of detached garages shall be designed using an architectural style and materials which are compatible with the style and materials of the dwelling(s) to which they are accessory.

Buildings and other roofed structures accessory to nonresidential use. The following requirements shall apply to buildings and roofed structures that are accessory to nonresidential uses; provided, however, that if the standards for accessory buildings in a particular zone district conflict with any of the following requirements, the standards for the district shall apply:

No accessory building or other roofed accessory structure shall exceed 20 feet in height.

[Amended 10-27-2011 by Ord. No. 28-11]

Accessory buildings and other roofed accessory structures may be built within the front yard, subject to the following:

[Amended 10-27-2011 by Ord. No. 28-11]

Bus shelters, gatehouses, visitor entry buildings and similar structures having a building coverage not exceeding 500 square feet shall be permitted in the front yard without any setback requirement from the front lot line or from any private street or other private roadway, provided that unless located adjacent to an entry or exit driveway or street, such structures shall not be permitted to encroach into any required buffer area in the front yard.

[Amended 4-11-2013 by Ord. No. 13-13]

Except for those structures regulated by Subsection C(2)(a) above, all accessory buildings in the front yard shall be located a distance from the front lot line not less than the minimum front yard requirement for principal buildings. In those zone districts where the front yard requirement varies with the height of the principal building, the minimum front yard requirement for accessory buildings shall be based upon the height of the accessory building.

Accessory buildings in the front yard having a building coverage not exceeding 500 square feet shall be located at least 20 feet from the side and rear lot lines. Excluded from this requirement shall be those structures in the situations specified by Subsection C(2)(a) above, for which no setback shall be required.

[Amended 4-11-2013 by Ord. No. 13-13]

Accessory buildings in the front yard having a building coverage of more than 500 square feet shall be set back from the side and rear lot lines a distance not less than the side and rear yard requirements for principal buildings. In those zone districts where the side or rear yard requirements vary with the height of the principal building, the setback requirement for accessory buildings from the side or rear lot lines shall be based upon the height of the accessory building.

No accessory building or other roofed accessory structure shall be closer to the principal building than the height of said accessory building or 20 feet, whichever is greater.

[Amended 10-27-2011 by Ord. No. 28-11]

Accessory buildings and other roofed accessory structures may be built within the side yard, subject to the following:

[Amended 10-27-2011 by Ord. No. 28-11]

Accessory buildings in the side yard having a building coverage not exceeding 500 square feet shall be located at least 20 feet from the side and rear lot lines. Excluded from this requirement shall be those structures in the situations specified by Subsection C(2)(a) above, for which no setback shall be required.

[Amended 4-11-2013 by Ord. No. 13-13]

Accessory buildings in the side yard having a building coverage of more than 500 square feet shall be set back from the side and rear lot lines a distance not less than the side and rear yard requirements for principal buildings. In those zone districts where the side or rear yard requirements vary with the height of the principal building, the setback requirement for accessory buildings from the side or rear lot lines shall be based upon the height of the accessory building.

Accessory buildings and other roofed accessory structures built in the rear yard shall comply with the following setback requirements:

Such buildings and structures having a building coverage of 500 square feet or less shall not be not closer to any side or rear property line than 20 feet, or the height of the accessory building or other roofed structure, whichever is greater. If the building or roofed structure varies in height, the setback requirement shall apply independently to each portion of the building or structure, based upon the height of such portion. Excluded from this requirement shall be those structures in the situations specified by Subsection C(2)(a) above, for which no setback shall be required.

[Amended 4-11-2013 by Ord. No. 13-13; 6-14-2018 by Ord. No. 15-2018]

Such buildings and structures having a building coverage of more than 500 square feet shall comply with the setback requirements applicable to principal buildings.

The cumulative building coverage of all detached accessory buildings or other roofed structures accessory to a nonresidential use, except for parking decks, shall not exceed 1/4 of the permitted maximum building coverage on the same lot.

[Amended 2-12-2015 by Ord. No. 1-15; 10-12-2017 by Ord. No. 22-2017]

§ 166-115 Multiple principal buildings on the same lot; multiple principal uses within the same building; multiple drive-in or drive-through uses on the same lot.

[Amended 7-9-1987 by Ord. No. 22-87; 4-14-1988 by Ord. No. 3-88; 8-23-1990 by Ord. No. 35-90; 12-22-1993 by Ord. No. 36-93; 6-8-1995 by Ord. No. 16-95; 10-10-1996 by Ord. No. 15-96; 11-14-1996 by Ord. No. 17-96; 10-22-1998 by Ord. No. 25-98; 10-26-2000 by Ord. No. 14-2000; 11-14-2002 by Ord. No. 25-2002; 3-11-2004 by Ord. No. 3-2004; 7-22-2004 by Ord. No. 19-2004; 12-14-2006 by Ord. No. 31-2006; 2-26-2009 by Ord. No. 5-09; 11-23-2009 by Ord. No. 18-09; 3-11-2010 by Ord. No. 11-10; 8-12-2010 by Ord. No. 22-10; 9-8-2011 by Ord. No. 26-11; 10-27-2011 by Ord. No. 28-11]

No building to be used as a dwelling shall be constructed, altered or moved to the rear of a building situated on the same lot, nor shall any building be constructed in front of or moved to the front of a dwelling situated on the same lot, except as regulated for single-family attached and multifamily housing developments, and for permitted residential uses accessory to institutional uses, where permitted by this chapter.

[Amended 7-14-2016 by Ord. No. 20-16]

In all R-40, R-40N, R-30, R-25, R-21, R-15, R-10 and B Zones, no lot may contain more than one principal building, except as may be specifically provided otherwise by this chapter.

[Amended 7-14-2016 by Ord. No. 20-16; 12-14-2017 by Ord. No. 26-2017; 4-13-2023 by Ord. No. 10-2023]

More than one principal building is permitted on a lot in each of the zones as follows, except as may be specifically provided otherwise by this chapter:

[Amended 9-12-2013 by Ord. No. 17-13; 12-13-2012 by Ord. No. 23-12; 7-14-2016 by Ord. No. 20-16]

In the R-M Zone as set forth in § 166-180.

In the R-10A Zone as set forth in Article XXVIIIA.

In the D-S Zone as set forth in § 166-188D.

In the OB-RL Zone as set forth in § 166-192L.

In the OB-DS Zone as set forth in § 166-193.3J.

In the I Zone as set forth in § 166-196J.

In the I-2 Zone as set forth in § 166-199.

In the I-P Zone as set forth in § 166-206K.

(Reserved)[1]

Editor's Note: Former Subsection C(9), regarding the TC Town District, was repealed 7-11-2024 by Ord. No. 16-2024.

In the RM-2 Zone for multifamily and townhouse development only, as set forth in Article XXIXB.

[Amended 12-14-2017 by Ord. No. 26-2017]

In the RM-3 Zone for townhouse development only, as set forth in Article XXIXC.

In the RM-4 Zone as set forth in Article XXIXD.

In the B-P2 Zone for multifamily and single-family attached dwellings only, as regulated by § 166-186.11B.

In the WC Zone for planned commercial development only.

In the I-B3 Zone as set forth in Article XXXVIB.

In the AH-1 Overlay Zone District as set forth in Article XXIXE.

(17)

In the PU Zone District as set forth in §§ 166-211.1 through 166-211.4.

(18)

In the OB-RL3 Zone as set forth in §§ 166-193.7O and 166-193.8A.

(19)

In the B-10 Zone as set forth in Article XXXA.

[Added 12-14-2017 by Ord. No. 26-2017]

(20)

In the O-S Zone as set forth in Article XXXIIB.

[Added 6-13-2019 by Ord. No. 24-19]

(21)

In the RM-6 Zone as set forth in Article XXIXD1.

[Added 11-14-2019 by Ord. No. 45-19]

(22)

In the RM-5 Zone as set forth in Article XXIXD2.

[Added 3-12-2020 by Ord. No. 8-2020]

(23)

In the AH-2 Overlay Zone District as set forth in Article XXIXF.

[Added 4-14-2022 by Ord. No. 11-2022]

(24)

In the B-10W Zone as set forth in Article XXXB.

[Added 4-13-2023 by Ord. No. 10-2023]

The principal building on a lot in any B, B-10, B-10W, B-P2, WC, D-S, O-S, OB-RL, OB-DS, OB-RL3, I, I-2, I-P, I-B3, and I-4 Zone District may be divided to accommodate different operations or tenants within the principal building, subject, however, to the provisions of Subsection F below.

[Amended 12-13-2012 by Ord. No. 23-12; 12-14-2017 by Ord. No. 26-2017; 6-13-2019 by Ord. No. 24-19; 4-13-2023 by Ord. No. 10-2023; 7-11-2024 by Ord. No. 16-2024]

Multiple tenants within any building in an approved planned industrial development are permitted as regulated therein; subject, however, to the provisions of Subsection F below.

[Amended 12-14-2017 by Ord. No. 26-2017]

Restrictions on certain combinations of uses. Within any building or property, there shall be prohibited a mixture or combination of any of the uses in Column A below with any of the uses in Column B below, except when such uses are accessory to the principal use, or unless the applicant demonstrates to the satisfaction of the Site Plan Exemption Committee or the Planning Board, as applicable, that such uses can reasonably function together within the same building and on the same site without undue interference with each other or without undue impairment of the health, safety and general welfare of site users:

[Amended 7-9-2015 by Ord. No. 17-15; 7-14-2016 by Ord. No. 18-16; 5-9-2024 by Ord. No. 10-2024]

A	B
Industrial and manufacturing uses, manufacturing uses, wholesale trade uses, construction uses and building trade contractors, construction equipment leasing or storage, warehouse/logistics uses, repair and/or other services to motor vehicles, public utility stations or yards, and uses similar in character to the foregoing.	Amusement and recreation services, including but not limited to dance studios, martial arts studios, tennis clubs, physical fitness centers, and other indoor physical fitness facilities; health services, including but not limited to medical offices; educational services and social services, including but not limited to schools, child-care centers, counseling services and unemployment services; membership organizations, including but not limited to nonprofit organizations and houses of worship; and other services and uses similar to the above, either in operational characteristics or function.

Industrial and manufacturing uses, manufacturing uses, wholesale trade uses, construction uses and building trade contractors, construction equipment leasing or storage, warehouse/logistics uses, repair and/or other services to motor vehicles, public utility stations or yards, and uses similar in character to the foregoing.

Amusement and recreation services, including but not limited to dance studios, martial arts studios, tennis clubs, physical fitness centers, and other indoor physical fitness facilities; health services, including but not limited to medical offices; educational services and social services, including but not limited to schools, child-care centers, counseling services and unemployment services; membership organizations, including but not limited to nonprofit organizations and houses of worship; and other services and uses similar to the above, either in operational characteristics or function.

Multiple drive-in or drive-through uses on the same lot. Not more than one drive-in and/or drive-through use shall be permitted on the same lot unless the developer, as part of a site plan application, demonstrates that the multiple drive-in or drive-through operations:

[Added 10-12-2023 by Ord. No. 31-2023[2]]

Will not result in unacceptable circulation conflicts or obstructions on the lot;

Will not reduce the queuing capacity of vehicles in the drive-in or drive-through lanes to unacceptable levels;

Will not excessively interfere with on-site parking operations, loading or unloading operations, or pedestrian access; and

Will not result in unacceptable impacts to or safety concerns for vehicular or pedestrian movements within any adjacent street right-of-way.

Editor’s Note: This ordinance also amended the title of this § 166-115 from "Multiple principal buildings on the same lot; multiple principal uses within the same building" to its current title.

§ 166-115.1 Home medical offices and home occupations.

[Added 12-13-2018 by Ord. No. 37-18]

Home medical offices and home occupations shall be permitted in a single family detached residence, subject to the following requirements:

Home medical offices. Home medical offices shall be limited to the office of a practitioner licensed or certified by the State of New Jersey for the practice of any of the following; chiropody, podiatry, dentistry, medicine, chiropractic, psychology, psychiatry and osteopathy, subject, however, to all of the following terms and conditions:

Said practitioner shall be the owner or lessee of such residence.

Said practitioner shall reside therein.

Said practitioner shall not have the services of more than two persons acting as assistants, who need not be residents therein.

Such office shall be limited to either the first floor or basement of such residence and shall not occupy an aggregate amount of space in excess of 50% of the area of such first floor or basement.

No patient shall remain therein overnight.

Each such office shall be provided with not less than five off-street parking spaces in addition to those spaces required for residential purposes.

Each such office as regulated in this subsection shall only be permitted after site plan approval by the Planning Board.

The lot shall have a minimum area of 40,500 square feet in the R-40 District and 30,000 square feet in all other residential districts.

Home occupations, defined as an occupation conducted in the residence of the practitioner of such occupation, shall be limited to architects, engineers, lawyers, accountants, sales agents, teachers of academic subjects and musical instruments and artists. Academic subjects shall be construed as literary, mathematical, artistic and scientific subjects customarily taught in high schools or universities, and not including such subjects as automotive mechanics, manual training, laboratory experimentation and the like. Any of the above uses shall only be permitted if all of the following requirements are complied with:

There shall be no physical evidence of said use from the exterior of the residential building.

Signs of any kind advertising the nonresidential use are prohibited.

There shall be no keeping of stock in trade and no vehicular distribution from the premises of goods or material of any kind.

The remodeling of any residential building in any way to create an impression of business activity from the exterior of the residential building is prohibited.

No home occupation shall have the services of any person not residing therein.

Any home occupation shall be limited to either the first floor or basement of such residence and shall not occupy an aggregate amount of floor space greater than 200 square feet.

Teachers shall not teach more than one student on the premises at one time.

The above shall not be construed to permit any of the following in a residential zone: realtors, dance studios, beauty parlors, barbershops, funeral parlors or undertaking establishments.

§ 166-116 Existing platted lots and ownership of contiguous lots.

Any lot as defined herein at the time of the adoption of this chapter that fails to comply with the minimum requirements of this chapter may be used for any use not otherwise prohibited in said district in which it lies, provided that said lot is in single ownership as defined in this chapter, and further provided that all yard requirements are met.

Where there are two contiguous platted lots not previously subdivided by the Planning Board and each of the lots contains a principal structure, each such lot with a structure thereon shall be deemed a separate lot, and, if only one of the lots shall contain a principal structure, said vacant contiguous lot shall be deemed a part of the lot containing the principal structure.

§ 166-117 Reduction in lot area or space.

No lot, yard, parking area or other space shall be so reduced in area or dimension as to make said area or dimension less than the minimum required under this chapter. If already less than the minimum required under this chapter, said area or dimension shall not be further reduced.

§ 166-118 Garages; keeping of trucks.

[Amended 7-9-1987 by Ord. No. 22-87; 12-22-1993 by Ord. No. 36-93]

Garaging for not more than three cars may be erected on a single lot containing a single-family residential dwelling unit. Not more than one truck with a maximum capacity of one ton owned or used by a resident on the premises is permitted and that shall be kept in an enclosed garage. This provision shall not be deemed to limit the number of garages permitted on a single lot developed for multifamily housing units, provided that every garage is accessory to the multifamily housing units.

§ 166-118.1 Operation of vehicles outside of approved streets, driveways and parking spaces prohibited in the single-family residential zone districts.

[Added 12-13-2018 by Ord. No. 37-18]

The operation of any motorcycle, moped, dirt bike, automobile or any other type of motorized vehicle outside of Township-approved streets, driveways and parking spaces shall be prohibited in the single-family residential zone districts. The foregoing shall not be construed to prohibit the lawful operation of construction vehicles for construction purposes, the use of lawn mowers or other mowing equipment, snowblowers or similar, vehicles or equipment operating in accordance with applicable regulations.

§ 166-119 Denial of permit for uses causing dangerous conditions; referral to Board of Adjustment.

No permit shall be granted for a building or use if the design or construction of the same involves or is likely to involve exceptional risks of traffic congestion, public safety or hazard. If the design or construction of any building or use is so markedly incongruous with the character of the neighborhood as to materially affect the value of adjacent or nearby property, the Building Inspector shall deny the permit and refer the applicant to the Board of Adjustment, which shall act thereon. Should the Board determine that the foregoing standards are not violated, the permit shall be granted.

§ 166-119.1 Uses involving scrap and waste materials prohibited.

[Added 12-8-1994 by Ord. No. 29-94]

Notwithstanding any other provision of this chapter, establishments primarily engaged in scavenging, assembling, breaking, sorting or distribution of scrap and waste materials are prohibited in all zone districts of the Township. Exempt from this prohibition are municipal recycling facilities, municipal facilities involved in the maintenance and construction of public improvements and recycling and waste disposal facilities operated as an accessory use to a permitted principal use. The uses prohibited by this section shall include, but not necessarily be limited to, the assembling, breaking, sorting, distribution, scavenging, reclamation, recycling or other processing of the following:

Vehicles for scrap or vehicles for secondhand parts.

Building materials, lumber, pavement or other construction materials.

Waste bags, boxes, wastepaper or other paper materials.

Waste bottles or other glass materials.

Fur cuttings or scraps, rags, textile waste, wiping rags or other cloth materials.

Iron, steel, aluminum and other nonferrous metals scrap.

Waste oil, plastics, rubber, including tires, or other petroleum-based materials.

General junk, scrap or other waste materials.

§ 166-119.2 Self-service storage facilities prohibited.

[Added 9-28-1995 by Ord. No. 26-95; amended 11-13-2003 by Ord. No. 23-2003]

Notwithstanding any other provision of this chapter, self-service storage facilities are prohibited in all zone districts of the Township unless specifically permitted by the zone district regulations.

§ 166-119.3 Massage parlors, sex clubs and tattoo parlors prohibited.

[Added 12-14-1995 by Ord. No. 31-95]

Notwithstanding any other provision of this chapter, massage parlors, sex clubs and tattoo parlors are prohibited in all zone districts of the Township.

§ 166-119.4 Sexually oriented businesses.

[Added 8-28-1997 by Ord. No. 28-97]

Notwithstanding any less restrictive provision of this chapter, the following provisions shall apply to sexually oriented businesses in the Township; provided, however, that in case of conflict between the provisions of this section and any other provision of this chapter, the more restrictive provision shall apply:

No person shall operate a sexually oriented business within 1,000 feet of any existing sexually oriented business or any church, synagogue, temple or other place of public worship or any elementary or secondary school or any school bus stop or any municipal or county playground or place of public resort and recreation or within 1,000 feet of any area zoned for residential use.

Every sexually oriented business shall be surrounded by a perimeter buffer of at least 50 feet in width with plantings, fence or other physical divider along the outside of the perimeter sufficient to impede the view of the interior of the premises in which the business is located.

No sexually oriented business shall display more than two exterior signs, consisting of the one identification sign and one sign giving notice that the premises are off limits to minors. The identification sign shall be no more than 12 square feet in size.

§ 166-119.5 Outdoor dining facilities.

[Added 5-12-2005 by Ord. No. 12-2005; amended 2-26-2009 by Ord. No. 5-09]

Any restaurant that is permitted by this chapter shall be permitted to have an outdoor dining facility or facilities as an accessory use to such restaurant. Unless regulated to the contrary in the regulations for specific zone districts, such outdoor dining facilities shall be subject to the following requirements:

Such facilities shall comply with the setback requirements applicable to principal buildings in the zone district.

Such facilities shall be permitted in the front yard only when they are located at least 75 feet from the street right-of-way line, and are screened from the view of the street by plantings, fencing and/or walls, or are otherwise not readily visible from the street.

When located on a property that is adjacent to a property that is within a residential zone district or is used for residential purposes, such facilities shall be located at least 50 feet from such property or the distance required by § 166-125 for buffers on the property, whichever is greater. In addition, the outdoor dining area shall be screened from the view of such residential property or district by plantings, fencing and/or walls, effective during all seasons of the year. If located within 100 feet of a residential property or district, the outdoor dining facility shall not be permitted to operate between the hours of 10:00 p.m. and 7:00 a.m.

If such facilities are to be used at the same time as the indoor dining facilities on the premises, the area of the outdoor dining facility shall be considered to be floor area for purposes of determining the required number of parking spaces on the premises, using the same parking ratio as would otherwise apply to the restaurant.

Litter containers shall be provided for the outdoor facility, or the operator of the facility shall demonstrate that service personnel will maintain the area free of litter during and after the hours of operation of the facility.

No additional signage shall be permitted for the outdoor dining facility above that permitted for the restaurant.

Any lighting for the outdoor dining facility shall be subject to the same requirements as apply to the illumination of parking areas.

No speakers, music, beepers or other similar noise-making equipment that is audible from outside the building shall be permitted.

The use of the outdoor dining area shall be limited to the serving and consumption of food and beverages only; food cooking and preparation, musical entertainment and other forms of entertainment shall be prohibited.

Outdoor dining facilities shall be required to obtain site plan approval; provided, however, that outdoor dining facilities that are fully conforming with the requirements of this chapter may apply for and be granted an exemption from site plan requirements pursuant to the procedures in § 166-164.1.

[Amended 11-12-2009 by Ord. No. 17-09]

§ 166-119.6 Limitation on sale or serving of alcoholic beverages for consumption on premises.

[Added 9-10-2015 by Ord. No. 23-15; amended 9-14-2017 by Ord. No. 21-2017]

The sale or serving of alcoholic beverages for consumption on the same premises shall be prohibited in all zone districts, unless such sale or service is accessory to an eating and/or drinking establishment licensed for such sale or service and which is designed to discourage commingling of the patrons of such eating and/or drinking establishments with the patrons of other business establishments that do not sell or serve alcoholic beverages, using one or more of the following means:

The eating and/or drinking establishment is located in a separate building from any other business establishment or portion thereof to which the general public is invited on the same premises; and/or

The eating and/or drinking establishment is separated from any other business establishment or portion thereof to which the general public is invited on the same premises by a continuous wall that does not allow access between such business establishments, except for access during emergencies or access by employees and service personnel; and/or

EATING AND/OR DRINKING ESTABLISHMENT

The eating and/or drinking establishment is located on a separate floor or story from any other business establishment or portion thereof to which the general public is invited on the same premises, and the access to the eating and/or drinking establishment is designed in a manner that discourages the commingling of patrons of the establishments. Compliance with this Subsection A(3) shall be determined by the Planning Board, Board of Adjustment or Zoning Officer, as applicable.

For purposes of administering this provision, the following definitions shall apply:

ALCOHOLIC BEVERAGE

Any fluid or solid capable of being converted into a fluid, suitable for human consumption, and having an alcohol content of more than 1/2 of 1% by volume, including alcohol, beer, lager beer, ale, porter, naturally fermented wine, treated wine, blended wine, fortified wine, sparkling wine, distilled liquors, blended distilled liquors and any brewed, fermented or distilled liquors fit for use for beverage purposes or any mixture of the same, and fruit juices.

BUILDING

A structure of which premises are or may be a part, including all rooms, cellars, outbuildings, passageways, closets, vaults, yards, attics, and every part of the structure of which the premises are a part, and of any other structure to which there is a common means of access, and any other appurtenances.

A retail establishment selling food and/or drink for consumption on the premises, including but not limited to restaurants, bars, taverns, and uses such as hotels selling food and/or drink incidental thereto as an accommodation to patrons; but excluding any grocery, delicatessen, drug store or other establishment where mercantile business is carried on, except as may be specifically provided otherwise by the New Jersey Alcoholic Beverage Control Act, N.J.S.A. 33:1-1 et seq.

PREMISES

The physical place at which an establishment sells or serves alcoholic beverages, but not including vehicular transportation.

§ 166-120 Use variance minimum requirements.

Wherever the Board of Adjustment grants a use variance as hereinafter permitted, said variance must meet all height and yard requirements of the zone district containing said variance or whichever is the more restrictive of the zones involved in the use variance.

§ 166-121 Lots bounded by more than one street; minimum lot frontage.

[Amended 2-8-2007 by Ord. No. 2-07; 9-13-2018 by Ord. No. 19-2018]

Where a lot is bounded by more than one street, each area fronting on a street shall be considered a front yard, and all front yard requirements of this chapter shall be met, except as specifically provided otherwise by this chapter. For purposes of this requirement, the right-of-way of Interstate Route 24, Route 178 and Route 287 shall not be considered a street unless such right-of-way is permitted to be used for access to the property by motor vehicles.

Corner lots and through lots shall comply with the minimum lot width requirements on all abutting streets.

All lots, including interior lots, corner lots or through lots, shall have a frontage of at least 50 feet on all abutting streets, except as may be specifically provided otherwise by this chapter.

[Amended 4-13-2023 by Ord. No. 10-2023]

§ 166-122 Temporary permits for nonconforming construction project uses.

Temporary permits may be authorized by the Building Inspector for a specified period not to exceed one year for nonconforming uses incidental to construction projects on the same premises, including such uses as the storage of building supplies and machinery, the assembly of building materials and a real estate office located on the tract offered for sale, provided that the issuance of such permits shall be conditional upon bonded agreement by the owner to remove any structure or structures erected thereunder and/or to discontinue such uses upon expiration of permit.

§ 166-123 Nature and extent of use of land.

The control and regulation of the uses of buildings and structures as herein provided shall equally apply to the nature and extent of the use of the land.

§ 166-124 Outdoor storage.

[Amended 4-23-1987 by Ord. No. 7-87; 2-23-1989 by Ord. No. 1-89; 11-13-2003 by Ord. No. 23-2003; 3-11-2010 by Ord. No. 8-10; 9-12-2013 by Ord. No. 17-13; 10-9-2014 by Ord. No. 38-14; 9-13-2018 by Ord. No. 17-2018]

The following regulations shall apply to the placement of any object(s), material(s), equipment, vehicles or merchandise outside the confines of a building, unless specifically provided otherwise by this chapter or by other applicable law, rule or regulation:

Outdoor storage accessory to nonresidential uses. Outdoor storage accessory to nonresidential uses shall be subject to the following regulations:

Outdoor storage is only permitted as an accessory use to a use conducted in the principal building on the lot.

Outdoor storage on a lot that does not contain a principal building is prohibited.

Where outdoor storage is permitted, no article or material shall be kept, stored or displayed outside the confines of a building unless the same is reasonably screened by a building, wall or fence designed in accordance with § 166-138.2, plant material, berm, building or other manner, as depicted on a site plan approved by the Planning Board. The intent of such screening is to minimize the view of such storage from any adjacent property or public street. The following shall be excluded from the foregoing screening requirement:

The parking of passenger vehicles in designated parking spaces and used by employees and patrons;

The storage and display of vehicles for sale by automobile sales dealerships; and

The display of merchandise for sale or rent when permitted by this chapter.

Any fence or wall required to screen the outdoor storage as herein regulated shall have a height not exceeding six feet; provided, however, that the Planning Board may permit a wall or fence with a height of eight feet if the same is necessary to provide adequate screening of the outdoor storage; provided, however, that any wall or fence with a height exceeding six feet shall be set back at least five feet from any property line and supplemental plantings may be required by the Board to reduce the visual impact of the taller wall or fence. No wall or fence used to screen outdoor storage shall be permitted in any front yard.

Outdoor storage as herein regulated is only permitted to be located in the side and rear yards; provided that the following activities, when permitted by this chapter, may be located in the front yard, as depicted on a site plan approved by the Planning Board:

The parking of passenger vehicles in designated parking spaces and used by employees and patrons;

The storage and display of vehicles for sale by automobile sales dealerships in the same locations as permitted for parking of passenger vehicles in the front yard; and

The display of merchandise for sale or rent when permitted by this chapter.

Outdoor storage of any hazardous, toxic or corrosive substances, as defined in regulations promulgated by the United States Environmental Protection Agency or the New Jersey Department of Environmental Protection, is prohibited.

The overnight parking or storage of vehicles, other than passenger vehicles and small vans, accessory to a permitted nonresidential use on-site shall be located in a specific area in the side and/or rear yard(s) delineated on a site plan approved by the Planning Board and shall be situated to mitigate the visual adverse impact of said overnight storage upon abutting streets and residential properties and residential zones.

No outdoor storage shall be located in a manner that would obstruct or interfere with the movement of vehicles and pedestrians, including but not limited to passenger vehicles, delivery and shipping trucks, fire trucks, garbage trucks, as depicted on the approved site plan.

No outdoor storage shall be permitted to be located within designated parking or loading spaces; such spaces shall be limited to use on a short-term basis for parking and loading operations as depicted on an approved site plan.

No outdoor storage shall be located or stored in a manner that could reasonably be expected to result in littering, spillage or leakage of material; dispersion of materials by wind, rain, floodwater or animals; creation of offensive odors; creation of fire or explosion hazards; contamination of air, soil or water; or other similar adverse effects.

Outdoor storage shall be placed on a suitable surface such as pavement, crushed stone or other suitable material, and not on bare earth, grass, mulch or other similar surface.

Outdoor storage accessory to residential uses. Outdoor storage accessory to residential uses shall be subject to the following regulations:

The storage of any article in the front yard shall be limited to the following motor vehicles used on a daily basis by the residents of the dwelling on-site: noncommercial automobiles, pickup trucks and vans. Said motor vehicles, as herein regulated, are permitted to be parked in the driveway and garage as regulated in § 166-154.

[Amended 12-13-2018 by Ord. No. 37-18]

For the purpose of administering this section, a "commercial vehicle" shall be defined as one that has painted or installed thereon a sign or logo or one that contains any visual evidence of said vehicle being used for commercial purposes.

The maximum length of a van as permitted shall be 20 feet.

The maximum length of the box in a pickup truck as permitted shall be eight feet.

Outdoor storage of any article in the side yard shall be limited to any use permitted in Subsection B(1) above as well as one commercial pickup truck or van, one boat not to exceed 25 feet in length, exclusive of the accompanying boat trailer, one recreation vehicle, one camper, one camper-trailer and one mobile home not to exceed 25 feet in length. Any article stored in the side yard of any residential zone shall not be permitted closer to the side lot line than a distance that is equal to the height of said article; provided, however, that said article need not be set back from the side line a distance greater than the side yard setback requirement for a principal building on the same lot. Nothing contained herein shall be construed to prohibit any use permitted in the side yard from being stored in a garage.

(Reserved)

Outdoor storage of any article permitted in Subsection B(1) and (2) above is permitted in the rear yard if said article does not exceed a maximum length of 28 feet and is not closer than 10 feet to the side and rear property lines of the lot containing said article.

§ 166-124.1 Aboveground storage and processing tanks.

[Added 7-11-2013 by Ord. No. 19-13]

The following requirements shall apply to aboveground storage tanks located outside a principal building:

Aboveground storage tanks and processing tanks shall only be permitted as an accessory use and structure for permitted principal uses.

Such tanks shall be permitted with capacities up to 2,500 gallons. This capacity shall be cumulative for all such tanks on the property.

Such tanks shall be prohibited in the front yard.

Adequate containment shall be provided in the event of fuel spills or leakage, as determined by the Township Engineer.

Where permitted, such tanks having a capacity greater than 1,000 gallons shall be screened from the view of public streets and adjacent properties.

§ 166-125 Buffer requirements.

[Amended 12-13-2001 by Ord. No. 18-2001]

When required. Unless specifically regulated otherwise by this chapter, there shall be provided a buffer as required by this section:

[Amended 2-26-2009 by Ord. No. 5-09; 12-13-2012 by Ord. No. 23-12]

Where a nonresidential zone district abuts a residential zone district;

Where a multifamily residential zone district or the R-10A District abuts a property in a single-family residential zone district and the property is vacant or developed with a single-family or two-family dwelling;

[Amended 9-12-2013 by Ord. No. 17-13]

Where a nonresidential development in the OB-RL, OB-DS, I, I-2, or I-P District abuts a public street, excluding State Highway Route 24 and Interstate Route 287;

[Amended 12-14-2017 by Ord. No. 26-2017]

When no highway barriers are present, where a residential zone district abuts the existing roadway of State Highway Route 24 or Interstate Route 287, excluding any on-ramp, off-ramp or on/off-ramp for such roadways;

Where a public use zone district is developed into an active recreational area in which the ball fields, play areas, or ancillary parking lots are located within 100 feet of a residential zone district; and

Where a nonresidential development in the OB-RL, OB-DS, I, I-2, or I-P District abuts a Public Use (PU) Zone District or public park.

[Amended 12-14-2017 by Ord. No. 26-2017]

Where a nonresidential development in the O-S District abuts a public street, the opposite side of which street is located in a residential zone district.

[Added 6-13-2019 by Ord. No. 24-19]

Location. Buffers shall be located in accordance with the following requirements:

In the case of buffers between zone districts required by § 166-125A(1) and (2), the buffer area shall be located in the nonresidential zone district, or when the abutting properties are both residential, in the multifamily residential zone district. In both situations, the buffer shall be adjacent to the single-family residential zone boundary.

In the case of buffer areas between a zone district and a public street, road, or highway, freeway or the existing roadway of State Highway Route 24 or Interstate Route 287, as required by § 166-125A(3), (4) and (7), the buffer area shall be located within the zone district of the property being developed. The buffers shall be located adjacent to the street or highway right-of-way line; provided, however, that the Planning Board or Board of Adjustment may require the buffer to be set back from the street or highway right-of-way line if no reasonable alternative exists due to sight distance requirements, utility easements, existing or anticipated pedestrian sidewalks, walkways, and sidewalk medians, anticipated road widening or expansion, steep slopes, and similar conditions.

[Amended 6-13-2019 by Ord. No. 24-19]

In the case of a buffer area between a residential zone district and an active recreational area in a public use zone district as required by § 166-125A(5), the buffer area shall be located within the public use zone, adjacent to the residential zone boundary.

In the case of a buffer area between a nonresidential development and a public use zone or public park as required by § 166-125A(6), the buffer area shall be located in the nonresidential zone district, adjacent to the public use zone or park boundary.

Buffer depths. Buffer depths shall be established in accordance with the following requirements:

Minimum depth of a buffer adjacent to residential zone districts. The minimum depth of the buffer adjacent to residential zone districts required by § 166-125A(1) and (2) shall be as set forth in the following table. The buffer depth shall be measured from and perpendicular to the property line of the property located in the zone within which the buffer is required.

[Amended 11-14-2002 by Ord. No. 25-2002; 3-11-2004 by Ord. No. 3-2004; 12-14-2006 by Ord. No. 31-2006; 9-12-2013 by Ord. No. 17-13; 12-14-2017 by Ord. No. 26-2017; 6-13-2019 by Ord. No. 24-19]

Zone District	Minimum Buffer Depth (feet)
R-10A	10
R-M, RM-2, RM-3	20
B, B-10, B-P2	25
D-S	50
O-S, OB-RL, I, I-2, I-P and PU	5 for each acre of lot area, excluding from said lot area any state open waters, wetlands and wetland transition areas to remain after development, as approved by the New Jersey Department of Environmental Protection, provided that no buffer shall have a depth of less than 50 feet, and no buffer shall be required to have a depth that exceeds 150 feet

Minimum depth of a buffer between nonresidential development and public streets and roads, excluding State Highway Route 24 and Interstate Route 287. The minimum depth of the buffer between nonresidential development in the O-S, OB-RL, OB-DS, I, I-2, or I-P District and public streets as required by § 166-125A(3) and (7) shall be five feet for each acre of lot, excluding from said lot area any state open waters, wetlands and wetland transition areas, and conservation easements to remain after development, as approved by the New Jersey Department of Environmental Protection, provided that no buffer shall have a depth of less than 25 feet, and no buffer shall be required to have a depth that exceeds the depth of the minimum required front yard for principal buildings in the applicable zone district. The buffer depth shall be measured perpendicular to the front lot line of the property within which the buffer is required and shall be measured from the front lot line or between the shallowest front and rear boundaries of the buffer area.

[Amended 12-13-2012 by Ord. No. 23-12; 12-14-2017 by Ord. No. 26-2017; 6-13-2019 by Ord. No. 24-19]

Minimum depth of a buffer between residential development and the existing roadway of State Highway Route 24 or Interstate Route 287, where no highway barriers are present, as required by § 166-125A(4). The minimum depth of the buffer between residential development and State Highway Route 24 or Interstate Route 287 or ramp shall be 30 feet. The buffer depth shall be measured from and perpendicular to the property line of the residential zone district. The buffer shall be in addition to the yard setback requirements.

Minimum depth of a buffer between a residential zone district and a public use zone district where an active recreational area, ball field, or play area is located. The minimum depth of a buffer between a residential zone district and a public use zone district containing an active recreational area, ball field, or play area, as required by § 166-125A(5), shall be 25 feet. The buffer depth shall be measured from and perpendicular to the property line of the public use zone district.

Minimum depth of buffer between a nonresidential development in the OB-RL, I, I-2, or I-P District and a public use zone district or public park. The minimum depth of a buffer between a nonresidential development in the OB-RL, I, I-2, or I-P District and a public use zone district or public park, as required by § 166-125A(6), shall be 25 feet. The buffer depth shall be measured from and perpendicular to the property line of the nonresidential zone district.

[Amended 12-13-2012 by Ord. No. 23-12; 12-14-2017 by Ord. No. 26-2017]

Preservation of existing vegetation. Within the buffer, all existing trees, shrubs, ground cover and other vegetation shall be preserved. Areas to be preserved shall be identified on the site and/or subdivision plans, and such plans shall include measures to protect existing vegetation during construction through the use of fencing and by prohibiting the use or storage of construction equipment, materials, soil or debris within the buffer area, etc. Notwithstanding the foregoing, existing vegetation within a required buffer area may be disturbed under the following circumstances. The following disturbance exceptions shall not be construed to permit within the buffer any buildings, parking or loading areas, driveways or other paved areas, walls, retaining walls, or any storage of materials or equipment, except as permitted herein.

[Amended 12-13-2012 by Ord. No. 23-12; 10-9-2014 by Ord. No. 38-14]

Existing vegetation may be disturbed when certain trees or other vegetation pose a hazard to human life or property, or must be removed for driveways necessary to provide direct access to public streets, for utilities or other such infrastructure necessary for the development, provided that there is no reasonable alternative to locating such utilities or infrastructure within the buffer area and to such disturbance of the existing vegetation, all as determined by the Planning Board or Board of Adjustment.

Existing vegetation may be disturbed in areas within a required buffer area that are obviously disturbed by prior human activity and/or which do not presently function as a buffer, such as but not limited to paved areas, lawn areas, etc., and when such disturbance is necessary to improve and enhance the function of the buffer area, all as determined by the Planning Board or Board of Adjustment.

Existing vegetation may be disturbed in up to 20% of the required depth of a buffer area that presently contains vegetation that functions as a buffer, provided that such disturbance is for the construction of berms and/or the installation of landscape plantings to supplement and enhance the buffer, as determined by the Planning Board or Board of Adjustment.

Only within the required buffer between nonresidential development and public streets and roads, excluding State Highway Route 24 and Interstate 287 in the O-S, OB-RL, OB-DS, I, I-2, or I-P District as required by § 166-125A(3) and (7), noxious or invasive vegetation may be removed, including, for example, vines that could damage or weaken other vegetation, invasive weeds or nonnative trees that could excessively compete with other vegetation for light, moisture and nutrients, poison ivy, etc. Notwithstanding the foregoing, such buffer areas, as well as all other required buffer areas, shall be maintained to function as a natural woodland and shall retain canopy trees, understory trees, shrubs, ground covers and other low-growing natural plant material, except as permitted otherwise herein. The planting of grass and the placement of mulch, except for a natural leaf mulch, within all required buffers is also prohibited.

[Amended 12-14-2017 by Ord. No. 26-2017; 6-13-2019 by Ord. No. 24-19]

Buffers shall be designed to provide an effective visual screen of the property being developed from the adjoining residential zone and/or street or highway, as applicable, during all seasons of the year. If the existing vegetation within a required buffer area is not sufficient to provide an effective visual screen, additional supplemental plantings shall be provided sufficient to provide such screen. Such supplemental measures shall be provided in addition to existing trees and other vegetation within the buffer area, as determined by the Planning Board or Board of Adjustment. If such supplemental measures cannot be provided within the buffer area without violating the provisions of Subsection D above, then any additional plantings and/or berms necessary to provide such screen shall be located outside of the buffer area, located and designed as determined by the Planning Board or Board of Adjustment. Notwithstanding the foregoing, the following areas within a required buffer shall not be required to be screened:

In the case of buffers between zone districts, reasonable areas for easements for utilities, storm drainage pipes or other such infrastructure necessary for the development may be waived, provided that there is no reasonable alternative to locating such utilities, pipes or infrastructure within the buffer area, or no reasonable alternatives to eliminating screen plantings and/or berms in such areas, all as determined by the Planning Board or Board of Adjustment.

Only in the case of buffers between nonresidential development and public streets, excluding State Highway Route 24 and Interstate 287, up to 50% of the length the buffer may be waived for driveways necessary to provide direct access to public streets and/or for views into and out of the site, provided there is no reasonable alternative to such driveways and/or views, as determined by the Planning Board or Board of Adjustment. This shall not be construed to permit waiver of buffer screening for the construction of parking areas, loading areas, detention basins, grading or other development except as may be specifically permitted by this section.

§ 166-126 Obstructions to street functions.

[Amended 10-9-2014 by Ord. No. 38-14]

On any corner lot, no fence, structure or planting shall be erected or maintained in a manner that would interfere with appropriate sight distance at the intersection of streets. The sight triangles at intersections shall be in accordance with ASSHTO's A Policy on Geometric Design of Highways and Streets, and based upon the speed limits established for the intersecting streets. Prior to the issuance of any permit in the front yard of a corner lot, the permitting agency or official, as the case may be, shall refer the permit application to the Township Engineer for a determination of the appropriate sight triangle.

All such structures or plantings of trees and shrubs on all lots, including both corner lots and interior lots, shall be located on private property at least two feet from the street right-of-way.

§ 166-127 Conversion of existing structures.

The conversion of existing structures to a use permitted in the zone in which said structures fall will be regulated the same as a new structure constructed in said zone district.

§ 166-128 Vending machines and telephone booths.

Vending machines and telephone booths are permitted outside the confines of a building as a permitted structure only if all of the following requirements are complied with:

Said machines are an accessory use to an existing principal use on the property.

Said vending machines are located in the B, B-10, B-10W, WC or D-S Zones. Said telephone booths are located in the B, B-10, WC, I-P, OB-RL, OB-DS or D-S Zones. Telephone booths are also permitted on lands developed for Township parks or schools within the residence zones, notwithstanding the provisions of Subsection C below.

[Amended 6-8-1995 by Ord. No. 16-95; 2-26-2009 by Ord. No. 5-09; 12-13-2012 by Ord. No. 23-12; 12-14-2017 by Ord. No. 26-2017; 4-13-2023 by Ord. No. 10-2023]

Said machines shall meet the front, side and rear yard setback requirements of the zone in which they are located.

Said machines shall have not more than one sign advertising only the products or services rendered. Said sign shall not exceed a total of two square feet for the first two machines installed, plus two additional square feet of sign area for each additional machine installed over the first two machines, but in no instance more than six square feet of sign area. Said sign may be lighted or unlighted but shall not direct light toward neighboring residences and shall not be of a flashing or moving nature.

All such machines shall be located in areas physically separated from parking areas, drives or streets by curbing, railing, concrete platform or other similar means acceptable to the Planning Board, which shall provide at least five feet of separation from such parking area, drive or street.

Site plan approval by the Planning Board shall be obtained prior to the installation of any such machine. However, the procedure for site plan approval shall be modified as follows: For one or two machines occupying not more than 18 square feet, the fee for site plan approval will be waived, and, in lieu of a formal site plan, a pencil sketch clearly indicating that the above requirements have been met will be accepted for consideration by the Planning Board.

The maintenance of all machines and telephone booths or public telephones permitted outside the confines of a building shall be in accordance with applicable Township ordinances. One public telephone is permitted outside the confines of a building as a permitted structure only if all the following provisions are complied with:

[Amended 7-9-1987 by Ord. No. 22-87]

Said telephones are located in the B, B-10, WC, D-S, I-P, OB-RL and OB-DS Zones. Telephone booths or public telephones are also permitted on lands developed for Township parks or schools within the residence zones, notwithstanding the provisions of Subsection G(3) below.

[Amended 6-8-1995 by Ord. No. 16-95; 2-26-2009 by Ord. No. 5-09; 12-13-2012 by Ord. No. 23-12; 12-14-2017 by Ord. No. 26-2017]

Said telephone booths are not closer than 25 feet to the front street right-of-way line.

All telephone booths shall be at least 2,500 feet, measured by the shortest distance in a straight line, from any other outdoor telephone booth; provided, however, that where there is a center street barrier, the two-thousand-five-hundred-foot distance shall be measured on the same side of the street.

Said telephone booth shall have not more than one sign advertising the product or service on each side, each such sign to be not larger in area than two square feet.

§ 166-129 Access to nonresidential zones and uses.

[Amended 12-22-1993 by Ord. No. 36-93; 10-26-2000 by Ord. No. 14-2000; 12-13-2012 by Ord. No. 23-12; 9-26-2013 by Ord. No. 18-13]

There shall be no ingress or egress to any business, industrial or other similar nonresidential use as permitted in any nonresidential zone district from any local street as set forth on the Township Master Plan, unless no feasible alternative means of access is available or unless such access improves traffic flow or traffic safety, while minimizing negative impacts to area residents, as determined by the Planning Board or Board of Adjustment as part of any required development application review. No driveway access for ingress and egress shall be permitted to any nonresidential use in any of the aforementioned nonresidential zones through a residentially zoned lot or part thereof where said lot abuts a public street.

§ 166-129.1 Requirements for warehouse/logistics uses and developments.

[Added 5-9-2024 by Ord. No. 10-2024]

In addition to the requirements set forth for the various zone districts and all other applicable requirements of this chapter, the following requirements shall apply to warehouse/logistics uses as defined by § 166-4. In case of conflict between the requirements of this section and any other requirement of this chapter, the following requirements shall apply, unless specifically stated otherwise.

Maximum height. The maximum building height shall be 50 feet, or the maximum height permitted by the zone district, whichever is more restrictive.

Hours of operation near residential zones. In order to limit negative impacts to area residents, outdoor warehouse/logistics activities located within 250 feet of residential zones shall be prohibited during the hours of 9:00 p.m. to 7:00 a.m. For purposes of administering this requirement:

"Outdoor warehouse/logistics activities" include but are not limited to vehicle loading/unloading, packing, breaking, assembling, or arranging material or product, forklift operations, truck/van parking or idling, other truck/van movements, or truck/van/equipment servicing, when any of the foregoing occur outside of a building.

"Residential zones" include any zone district designed primarily for residential uses, including but not limited to single-family detached dwellings, single-family attached dwellings (also known as townhouses), and multifamily dwellings, including but not necessarily limited to zone districts having a title beginning with the letters "R," "R-M," "RM-," or "AH-."

The 250-foot distance shall be measured between the residential zone boundary and the location of the outdoor activity and/or the area designed and approved for such activity, whichever results in the shorter distance.

Access restrictions, travel routes.

Driveway access shall be limited to streets with an existing or proposed right-of-way width of at least 60 feet at the point of access.

Driveway access shall be located at least 100 feet from the nearest property line in a residential zone district, measured between the closest point of the driveway (excluding curb returns) to the nearest residential property line, and measured along the center line of the street between the projections of the driveway and property line.

To avoid excessive and undue impacts such as noise, vibration, exhaust, pavement deterioration, etc., upon residential properties or streets in residential areas, or to avoid impacts upon other areas or streets, including excessive peak hour traffic congestion, the reviewing agency, as part of any site plan or site plan exemption application, may restrict the location of driveway access, the distance between driveways, the direction of travel, the turning movements at driveway intersections with public streets, and the type or size of vehicles permitted to use such driveways.

Where gates, guard shacks, or checkpoints are proposed at the entrance(s) to the facility, adequate queuing space shall be provided within the property boundaries to prevent stacking of vehicles on or along public streets.

A traffic study prepared by a professional traffic engineer shall be submitted with any application for development, unless waived by reviewing agency or its designee. Such studies shall include the following:

The study shall include the estimated number of trips generated by the development, including but not limited to truck/van trips. If the specific nature of the use is unknown, as in a speculative development, the traffic study shall estimate the number of trips based upon the use having the highest trip generation rates, daily and peak hours, of any use to which the building and site are suitable.

The traffic impact study shall include a truck routing map identifying anticipated routes to and from the proposed facility to the Township boundary.

The truck routing map shall be consistent with existing truck routing signage and trip distribution data presented in the traffic study and shall identify any new proposed truck routes and necessary truck routing signage.

Other requirements.

Warehouse/logistics uses and/or developments may not include on-site retail sales or wholesale sales to customers as an accessory use unless specifically permitted by this chapter.

Each warehouse/logistics use and/or development shall provide off-street loading facilities which meet the minimum requirements of this chapter and are sufficient to accommodate the maximum demand generated by the use.

A minimum of one off-street loading space for each loading bay/door shall be provided.

All loading/unloading spaces and all truck/van parking/storage/waiting spaces shall be delineated on the pavement, and no truck/van loading, unloading, parking, storage, or waiting shall be permitted except in a space delineated for such purposes.

Each loading space and the needed maneuvering room shall be located entirely on the lot containing the warehouse/logistics use and/or development.

Each loading space shall have sufficient maneuvering room to avoid conflicts with parking and traffic movements within and outside of the lot. No facility shall be designed or used in such a manner that it creates a safety hazard, public nuisance, or an impediment to traffic off or on the lot.

All assembly, packing, sorting, and servicing of vehicles or equipment, etc., shall be conducted inside the building or between the building and trucks located in designated loading or unloading spaces or bays or docks adjacent to the building. The foregoing shall not be construed to prohibit any outdoor storage that may be permitted and regulated by this chapter.

§ 166-130 Slope between zones.

The maximum slope in any nonresidential zone adjacent to any residential zone district boundary line shall not exceed 20% unless the natural existing slope is greater. This restriction should extend for a distance of not less than 100 feet from any residential zone district boundary line. If the natural existing slope is greater than 20%, it may not be increased beyond the existing grade in any manner whatsoever.

§ 166-130.1 Stormwater management for major development.

[Added 2-11-2021 by Ord. No. 3-2021]

Any development which meets the definition of "major development" in § 166-104.1B shall be subject to the regulations in § 166-104.1, whether the development is required to obtain subdivision or site plan approval or not. Any applications for permits or other required approvals shall be required to submit the same information required for major developments in § 166-82 and § 166-83 as part of any permits or other required applications.

§ 166-131 Tree preservation, removal and replanting.

[Amended 12-13-2001 by Ord. No. 18-2001; 12-19-2011 by Ord. No. 30-11]

Purpose and objectives. The purposes and objectives of this section are to regulate the use and development of land in order to protect existing trees, and to provide for appropriate removal and the planting of trees. More specifically, this section is intended to:

Encourage and promote sustainable design and development;

Provide, maintain and enhance the environmental and other benefits provided by trees, including but not limited to those benefits related to air, water and soil quality; wildlife habitat preservation and restoration; stormwater control and esthetic qualities;

Avoid the environmental and other detriments resulting from the excessive and inappropriate removal of and damage to trees and the inadequate and improper planting of trees;

Promote the planting of trees on sites that have formerly been cleared of trees; and

Allow and encourage the reasonable and appropriate use and development of land.

Applicability; exceptions. This Section shall apply to all use and development of land in the Township unless superseded by other law; provided, however, that the following shall be exempt from this section:

Use and development by the Township of Hanover and other governmental agencies which are generally exempted from municipal zoning regulations, including but not limited to the Board of Education.

Pruning or removal of trees by utility companies related to the maintenance of utility wires, pipelines and related structures.

Applicability to prior approvals. The following provisions shall govern development applications involving tree removal that were filed or approved prior to the effective date of Ordinance No. 22-13:

[Amended 8-23-2012 by Ord. No. 19-12; 2-14-2013 by Ord. No. 3-13; 8-8-2013 by Ord. No. 22-13]

Development activities and approvals for which the required payment in lieu of replanting has been made or for which a final certificate of occupancy has been issued prior to the effective date of Ordinance No. 22-13 shall continue to be subject to regulations in effect at the time of the approval.

Developments which have received approvals for tree removal and/or planting prior to the effective date of Ordinance No. 22-13, but for which neither a payment in lieu of replanting has been made nor a final certificate of occupancy has been issued, shall have the option to comply with the terms of the prior approval or to comply with the regulations of this section, subject to the following:

The developer shall be required to comply completely with the requirements of either the prior approval or of this section.

If the developer chooses to comply with this section, and such option results in different tree removals or plantings than under the prior approval, the developer shall be required to obtain amended approval.

If the developer chooses to comply with this section, the developer shall not be entitled to a refund of application fees or other payments made under any prior approvals or to a waiver of any fees or other payments required for any amended approvals.

Prohibited activities. The following activities shall be prohibited:

[Amended 8-23-2012 by Ord. No. 19-12; 2-14-2013 by Ord. No. 3-13]

Removal of or damage to trees within any riparian zone or area of steep slopes, as defined by this chapter, except for: 1) tree removal necessary to protect the public health, safety or welfare, such as but not limited to necessary linear development for access or utilities when no feasible alternative exists to such disturbance; 2) tree removal that provides an environmental benefit, such as but not limited to remediation of a contaminated site; and 3) the removal of dead, dying, diseased or hazardous trees, after prior approval as required by § 166-131E.

Removal of or damage to trees within any freshwater wetland or freshwater wetland transition area, except as permitted by the N.J. Department of Environmental Protection rules governing freshwater wetlands.

Approval required for tree removal. Prior approval shall be required for the following tree removal activities in accordance with the procedures set forth in Subsection F below:

[Amended 8-23-2012 by Ord. No. 19-12]

Removal of trees, living or dead, with a DBH of at least six inches.

[Amended 2-14-2013 by Ord. No. 3-13]

Removal of trees of any size within buffer areas required by § 166-125.

Removal of trees of any size shown to be preserved or planted as part of a currently valid site plan, subdivision or variance application.

Removal of trees of any size shown to be preserved or planted as part of a currently valid tree removal permit.

Removal of trees of any size if such removal would violate Subsection G below or any other provision of this chapter.

Tree removal application, review and appeal procedures. The following procedures shall apply to development applications seeking approval to remove regulated trees:

Developments that require site plan, subdivision, variance or related approvals from the Planning Board or Board of Adjustment. Applicants proposing tree removal for developments that require site plan, subdivision, variance or other approvals from the Planning Board or Board of Adjustment as required by this chapter, the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.) or other applicable law shall be required to obtain the prior approval of the board having jurisdiction over the application. The review and decision on the requested tree removal shall be processed as part of the overall development application. All of the laws, rules and regulations applicable to such development applications shall also apply to the tree removal application.

Other developments. Applicants proposing to remove regulated trees in circumstances that do not require Planning Board or Board of Adjustment approval shall be required to obtain a tree removal permit in accordance with § 166-110.1.

[Amended 8-23-2012 by Ord. No. 19-12]

Tree preservation, removal and planting requirements. This subsection sets forth requirements for tree preservation, tree removal and tree planting. When existing trees are removed, replacement trees are required to be planted in accordance with Subsection G(1) below. The planting of trees is also required when properties are developed or redeveloped, when such properties have fewer trees than required, even when no tree removal is proposed, in accordance with Subsection G(2) below. Subsection G(3), (4), (5) and (6) below contains supplemental provisions.

[Amended 8-23-2012 by Ord. No. 19-12; 2-14-2013 by Ord. No. 3-13; 8-8-2013 by Ord. No. 22-13; 12-14-2017 by Ord. No. 26-2017]

Tree removal and replacement. For each living regulated tree, or for each trunk of a multiple trunk regulated tree, having a DBH of at least six inches, the following number of replacement trees shall be required to be planted on site and/or planted in another location within the Township in accordance with § 166-131G(6), and/or a payment in lieu made in accordance with § 166-131G(5):

Invasive trees. Removal of the following invasive species may be permitted, without any replacement requirement, in circumstances where such trees are determined by the Township Arborist to present a threat to more desirable tree species in the vicinity or to otherwise pose a threat to the public health, safety and welfare, but only if such removal would not violate the provisions of Subsection G(2) below and if such removal is not otherwise prohibited by this chapter or by any current development approval in effect. Any such removal shall be required to obtain a tree removal permit in accordance with § 166-131F.

Black Locust - Robinia pseudoacacia

Mazzard/Sweet Cherry - Prunus avium

Norway Maple - Acer platanoides

Tree of Heaven - Ailanthus altissima

Autumn Olive - Eleagnus umbellata

One tree of any species may be removed on each lot during any calendar year without any replacement requirement, but only if such removal would not violate the provisions of Subsection G(2) below and if such removal is not otherwise prohibited by this chapter or by any current development approval in effect. Any such removal shall be required to obtain a tree removal permit in accordance with § 166-131F.

Replacements for first 10 tree removals. Excluding the removals permitted by Subsection G(1)(a) and (b) above, one replacement tree shall be required for each of the first 10 trees removed on any lot, regardless of the tree DBH, subject to the limitation in Subsection G(1)(e) below. This replacement ratio shall only apply to the first 10 trees removed from the property, not to each tree removal event. After 10 trees have been removed from the property, the replacement ratios in Subsection G(1)(d) below shall apply.

Excluding the tree removals regulated by Subsection G(1)(a), (b) and (c) above, the following number of replacement trees shall be required to be planted on the property for each tree removed, subject to the limitation in Subsection G(1)(e) below:

DBH of Removed Trees (inches)	Required Number of Replacement Trees
6 to 11.99	1
12 to 23.99	3
24 to 35.99	5
36 or greater	7

Notwithstanding the replacement requirements in Subsection G(1)(c) and (d) above, in no case shall the total number of replacement trees be required to exceed 40 trees for each acre of the property.

Any trees planted to address the obligation in § 166-131G(2) shall be credited against this obligation.

Minimum tree preservation, replacement and planting ratios.

There shall be maintained on every lot a minimum number of trees in accordance with the following table. Such trees shall include all trees within the planting area of the lot which are to be preserved, replaced and planted.

Land Use Category	Minimum Tree Preservation/Planting Ratio
Single-family detached or two-family residential	1 tree per 3,000 square feet planting area on the lot
Other	1 tree per 750 square feet planting area on the lot

In administering this requirement, the following shall apply:

For purposes of administering this requirement, "planting area" shall mean the area within which trees may reasonably be preserved and/or planted after completion of the development. The term "planting area" shall specifically exclude the following:

Areas covered by buildings.

The area of contaminated soils or groundwater where tree planting is prohibited.

Areas covered by pavement, and curbing.

[d]

Stormwater detention basins, retention basins or subsurface stormwater retention or recharge structures.

[e]

Areas needed to provide exposure to the sun for photovoltaic panels used to produce electricity, where trees would unreasonably interfere with such exposure as determined by the board having jurisdiction or the Township Engineer, as applicable.

[f]

Areas designed and used for athletic fields and any team or spectator seating areas for such fields.

[g]

Easements restricted for access, utilities, drainage and roadway sight distance. In cases where such easements are general in location and/or not limited to only those areas actually needed for such functions, the areal extent of the exclusion shall be determined by the Township Engineer.

[h]

Areas within the limits of disturbance which have been disturbed solely for the purpose of removing existing structures and which are not proposed to be redeveloped as part of a proposed development application. This exclusion shall expire for such areas, or portions of such areas, at such time that they are proposed for development in a development application, provided the application is approved and the development actually occurs.

Areas within the limits of disturbance identified on the currently approved plans as part of a future phase of development, and which are not proposed to be developed until such future phase is developed. This exclusion shall expire for such areas, or portions of such areas, at such time that they are proposed for development in a development application, provided the application is approved and the development actually occurs.

Replacement trees planted or for which a payment has been made in accordance with § 166-131G(1) shall be credited against this obligation.

In cases where development is proposed on an existing property that contains fewer trees than required by this Subsection G(2), the required number of trees to be planted for the proposed development shall be calculated using the planting area of the development, not the planting area of the entire lot. For purposes of administering this provision, the "area of the development" shall mean the area within the limits of disturbance, plus the area within the drip line of trees to be removed located outside the limits of disturbance.

In determining the number of trees required to be preserved and planted in accordance with Subsection G(1) and (2) above, fractions of trees below 0.5 shall be rounded down, and fractions of 0.5 or greater shall be rounded up.

Credits for sustainable development. In order to encourage development of sustainable buildings, credit against tree replacement and planting obligations in § 166-131G(1) and (2) above shall be given for buildings that achieve various LEED ratings, as follows:

LEED Rating	Tree Planting Credit
Certified	15% of requirement
Silver	25% of requirement
Gold	35% of requirement
Platinum	50% of requirement

The requirement against which credit is calculated shall be only that tree planting requirement related to the construction of a LEED-rated building or buildings. Thus, in a development with one LEED-rated building and one non-LEED-rated building, the credit will be calculated as the LEED-rated building's portion of the total site gross floor area multiplied by the tree planting credit.

Applicants seeking to obtain tree planting credits for LEED-certified buildings shall be required to deposit a cash amount with the Township equal to the cost of any trees for which credit is sought, at a cost of $400 per tree. The cash amount shall be deposited prior to the issuance of building permits. Thereafter, if the projected LEED certification is achieved, the Township shall refund all or a portion of the deposit, depending upon the level of LEED certification actually achieved. No refund of such deposit shall be made for LEED certifications obtained more than two years after issuance of any certificate of occupancy for the building.

Payments in lieu of required tree planting. If the developer demonstrates to the reviewing authority that the subject property is not reasonably able to preserve and/or plant the number of trees required by this section, then the developer shall be required to make a payment in lieu of planting the number of trees to address the deficiency and/or to plant trees in off-site locations in accordance with Subsection G(6) below. The following shall apply to such payments:

The amount of such payment shall be $400 per tree.

If the developer demonstrates that the number of trees to be replaced by § 166-131G(1) and the number of trees to be preserved and planted within the limits of disturbance by § 166-131G(2) are together at least 75% of the minimum required, then no payment in lieu of planting trees shall be required in excess of 5% of the total cost of site improvements for the development, excluding building costs, soft costs and land acquisition costs.

Planting of replacement trees in off-site locations. If the developer demonstrates to the reviewing authority that the subject property is not reasonably able to preserve and/or plant the number of trees required by this section, then the developer may be permitted to plant replacement trees in other locations within the Township, subject to the following:

In the event that the development is not part of an application that requires site plan, subdivision or variance approval from the Planning Board or Board of Adjustment, the reviewing official or agency shall refer the off-site tree replacement plan to the Planning Board for review and comment prior to the issuance of any tree removal permit.

The developer shall demonstrate that location proposed for the planting of such trees is suitable for the future growth of such trees, taking into account such factors as the amount of available sunlight, soil conditions, moisture conditions, legal requirements, potential conflicts with existing or planned uses, structures or trees in the same or nearby locations, etc.

The developer shall demonstrate that such trees will be preserved and maintained, or if removed in the future, that such trees will be replaced in equal amounts.

Design guidelines and construction specifications.

Tree preservation and removal. The following requirements shall apply to tree preservation and removal activities:

When determined necessary by the Township Engineer, the tree protection zones (TPZ) shown on the replacement plan shall be fully established prior to the permitted removal of trees and shall be defined by snow fencing or other appropriate barrier firmly secured along the dripline but not less than 10 feet from the trunk of trees to be preserved; provided, however, that the Township Engineer may modify the TPZ from these limits when warranted by site conditions.

The grade of the land located within the dripline limits shall not be raised or lowered more than six inches unless compensated by welling, retaining wall or other methods approved by the Township Engineer; provided that no welling or retaining wall methods shall be permitted within the TPZ except when warranted by site conditions and approved by the Township Engineer.

No soil stockpiling, storage of building materials or equipment operation shall be permitted within the dripline or within 10 feet, whichever is greater, of any trees to remain; provided, however, that the Township Engineer may modify the TPZ from these limits when warranted by site conditions.

Any clearing within the drip line or within 10 feet of a remaining tree, whichever is greater, must be done by hand or with hand-operated equipment unless specifically approved by the Township Engineer.

[Amended 8-23-2012 by Ord. No. 19-12]

The topping, pollarding or other severe pruning of trees to remain shall be prohibited. When site development results in accidental removal or severe damage which will eventually result in the death or significant deterioration in the health of any tree shown on the replacement/planting plan to remain, the replacement requirements of § 166-131G(1) shall apply in the same manner as if the tree were originally proposed and approved for removal.

[Amended 8-23-2012 by Ord. No. 19-12; 2-14-2013 by Ord. No. 3-13]

All stumps, trunks, branches and similar tree parts shall be appropriately removed and disposed in accordance with the law. Such tree parts shall not be burned or buried within the Township.

Tree planting. The following requirements shall apply to the planting of trees required pursuant to this section:

At least 1/3 of all trees required to be planted by this section, but not less than one tree, shall be required to be of species native to northern or central New Jersey and suitable for their intended purpose(s). A list of approved native trees is available from the Township Engineering Department.

Trees required to be planted by this section shall have a minimum trunk caliper of 2 1/2 inches to three inches for deciduous trees and a minimum height of seven feet for evergreen trees; provided, however, that smaller trees may be permitted by the Township Engineer or the board having jurisdiction, as applicable, on a case-by-case basis where it is demonstrated that preferred native plant species for the situation are not reasonably available at the required size in the nursery trade.

At least 2/3 of the number of trees planted shall be deciduous.

Trees required to be planted shall be hardy for the area, well-adapted to the soil PH, soil moisture, solar and wind exposure, and other environmental factors present at the planting location, and shall not be highly susceptible to damage from insects, disease or deer browsing.

Trees required to be planted shall be properly planted and maintained to ensure their survival for at least two years after issuance of any certificate of occupancy or, in cases where no certificate of occupancy is required, by other final approval of the site improvements. Any such trees that do not survive or which exhibit poor growth or plant stress shall be required to be replaced.

Trees to be planted shall not be planted within the drip line of existing trees to remain.

[Added 8-8-2013 by Ord. No. 22-13]

Tree Fund Account; purpose and use.

In accordance with the dedication by rider approval granted by the New Jersey Department of Community Affairs, Division of Local Government Services, on June 17, 1999, the Tree Fund Account shall serve as the depository for all moneys which are received by the Township, either by way of contributions for the purpose of preserving or reforesting trees within the Township and any and all fees and payments received pursuant to Ordinance No. 30-11.

Funds deposited in the Tree Fund Account shall be used by the Township for the following functions and purposes: to advance environmental programs such as tree planting, tree maintenance, tree preservation, park development or landscaping and other comparable projects, including but not limited to providing for the caring, pruning and maintenance of trees, the replanting of trees, the reforestation of Township-owned parks and open space property, the replacement of shade trees, the beautification of municipally owned lands with trees and the purchase of lands which are already forested. Therefore, the moneys received and deposited into the Tree Fund Account as set forth in Subsection I(1) above can and shall be utilized for the purposes set forth in this Subsection I(2) at the discretion and the determination of the Township Committee and/or upon the recommendation of the Business Administrator/ Township Clerk.

Enforcement. For the purpose of enforcing the provisions of this section, the Township Engineer shall be considered the designee of the Zoning Officer and shall have the same responsibilities and powers as the Zoning Officer set forth in §§ 166-218 and 166-219.

§ 166-132 Mailboxes.

[Amended 7-9-1987 by Ord. No. 22-87; 12-22-1993 by Ord. No. 36-93]

Mailboxes shall not be more than 23.5 inches long overall and 13.5 inches in height overall, and no sign, decoration or frame shall project beyond these limits. The sign or identification marked on the side of the box shall not exceed 18 inches long and two inches in height. All dimensions contained herein are exclusive of the post or rail on which the mailbox is mounted, but no signs or decorations may be located on said post, and it shall not exceed six inches in any dimension except height. The height of all mailboxes served from the street shall be as required by the United States Postal Service. All mailboxes for multifamily housing developments shall be approved by the Planning Board as part of site plan approval.

§ 166-133 Roof structures.

[Amended 12-13-2012 by Ord. No. 24-12]

Unless specifically provided otherwise by this chapter, service equipment roof structures for nonresidential buildings, such as air-conditioning equipment, elevator bulkheads and the like, shall be so situated that they shall not be visible from a point six feet above the ground level in any abutting residential zone or at the center line of any abutting street. Any screening of said structures shall be designed in a manner compatible with the architectural design of the front facade of the building, as determined by the reviewing agency.

§ 166-134 Temporary uses of trailers or other vehicles for housing.

No trailer, motor home, camper or camp car shall be used for residential purposes in the Township of Hanover.

Notwithstanding Subsection A above, however, any person or persons may make application to the Zoning Officer of the Township of Hanover for a temporary permit to use as a dwelling or sleeping place a trailer, motor home, camp car or camper upon a showing by the applicant that his or her home has been partially destroyed by fire, flood or other casualty and is unfit for occupancy. If the Zoning Officer is satisfied that there is a necessity for the use of a trailer, motor home, camper or camp car as a dwelling or sleeping place during the period of time that the dwelling is, in fact, undergoing repairs or replacement, then, and in that case, the Zoning Officer may issue a permit for such use for a period of 90 days under such terms and conditions as he may see fit, including but not limited to the location of such unit on the premises or provisions for proper sanitary facilities: water, light, heat, safety and other considerations. If, after the period of 90 days, the dwelling unit has not been completely repaired or replaced and there is still a demonstrable and pressing need for the use of a unit for temporary housing, the applicant may appeal to the governing body for an additional temporary permit for such time as the Township Committee may approve, but not to exceed 90 days. At the expiration of the initial ninety-day period or the renewal period granted, the applicant shall immediately discontinue the use of that unit for temporary housing and shall remove the same from the premises in question or otherwise park or store the unit in accordance with the terms of § 166-124 of this chapter.

§ 166-135 Hazardous, toxic and corrosive substances.

Notwithstanding any other provisions of this chapter, no building or land shall be used and no structure shall be erected, constructed, reconstructed, altered or repaired within the Township of Hanover for the purpose of processing, manufacturing, producing or storing hazardous, toxic or corrosive substances, as defined in regulations promulgated by the United States Environmental Protection Agency or the New Jersey Department of Environmental Protection. This provision shall not apply to the incidental use and limited storage of such substances in connection with uses permitted by this chapter.[1]

Editor's Note: See also Ch. 162, Hazardous Substances, of the Code of the Township of Hanover.

§ 166-136 Patios, porches and decks.

[Amended 7-9-2015 by Ord. No. 18-15; 2-10-2022 by Ord. No. 3-2022]

Notwithstanding any other provisions of this chapter, patios, porches, and decks accessory to single-family or two-family dwellings are subject to the following requirements; provided that in case of conflict between the provisions of this section and other provisions of this chapter, the more restrictive requirement shall apply.

Such structures shall comply with the minimum front yard required for principal buildings in the zone.

Such structures shall be set back from the side lot line(s) a distance not less than the minimum side yard required for principal buildings in the zone. In cases where the setback regulation is based upon the height of the building, the applicable setback requirement shall be based upon the height of the porch, patio, or deck and any roof or canopy for the same.

When such structures are attached to the principal building and located at or below the ground/first floor elevation of the principal building, or when such structures are detached from the principal building, they shall be set back from the rear lot line(s) a distance not less than 1/2 the minimum rear yard required for principal buildings in the zone. For example, if the principal building is required to be 50 feet from the rear lot line, such structures shall be located at least 25 feet from the rear lot line. In the case of split-level, bi-level, or other situations involving multiple floor levels, the determination of what is the ground/first floor level shall be made by the Zoning Officer.

When such structures are attached to the principal building and located above the ground/first floor elevation of the principal building, they shall comply with the minimum rear yard requirements applicable to the principal building. In the case of split-level, bi-level, or other situations involving multiple floor levels, the determination of what is the ground/first floor level shall be made by the Zoning Officer.

Any ingress and egress structure for patios, porches, or decks shall be subject to the provisions of § 166-113B(2).

Any roof, canopy, awning or similar covering structure over patios, porches, or decks, as well as any necessary support columns and open railings for such covering structures, shall be subject to the same minimum setback requirements as the patios, porches, or decks that they cover.

§ 166-136.1 Outdoor recreational facilities accessory to single-family dwellings.

[Added 10-11-2018 by Ord. No. 23-2018; amended 12-10-2020 by Ord. No. 30-2020]

Outdoor recreational facilities accessory to single-family dwellings on the same lot shall be permitted and shall be subject to the following requirements. For purposes of this section, "outdoor recreational facilities" shall be defined as including, but not limited to, swimming pools, game or sport courts, and similar facilities. The foregoing shall not be construed to permit any facility or activity prohibited by Chapter 129 of the Township Code.

Permitted yards.

Outdoor recreational facilities shall be permitted in the side and rear yard, except as provided otherwise below.

Basketball hoops and backboards shall be permitted within the front yard when located in or immediately adjacent to the driveway for the dwelling on the property, as regulated herein.

Minimum setbacks from lot lines. Outdoor recreational facilities shall be located in accordance with the following requirements, provided that the setbacks shall be measured to the closest paved or other artificial surface designed to be used as part of the facility, except as provided otherwise below:

[Amended 2-10-2022 by Ord. No. 3-2022]

Game or sport courts, and similar facilities, shall be located at least 25 feet from any side or rear lot line, except as provided otherwise below.

When the established front yard depth is less than the minimum front yard depth required by the zone regulations as a result of a variance or as a legally nonconforming condition, the outdoor recreational facilities shall be located a distance from the front lot line not less than the minimum front yard requirement of the zone district in which the lot is located.

Basketball backboards located within or adjacent to a driveway shall be set back at least 10 feet from any rear and side property lines and at least 20 feet from the front lot line.

Treehouses, elevated playhouses, and similar raised platforms and structures shall be set back at least 10 feet from any rear and side property lines.

Children's playsets, sandboxes, and similar equipment and structures shall be exempt from the foregoing setback requirements.

Swimming pools.

The outer limit of the coping, wall, or other structure that contains the water surface of swimming pools shall be set back from the side lot lines not less than five feet greater than the minimum side yard required for principal buildings. For example, if the principal building is required to be set back at least 15 feet from the side lot line, the water surface of the swimming pool must be set back at least 20 feet from the side lot line. In cases where the setback regulation is based upon the height of the building, the applicable setback requirement shall be based upon the height of the swimming pool and any roof or canopy for the same.

The outer limit of the coping, wall, or other structure that contains the water surface of swimming pools shall be set back from the rear lot line(s) not less than 1/2 the minimum rear yard required for principal buildings in the zone. For example, if the principal building is required to be 50 feet from the rear lot line, such structures shall be located at least 25 feet from the rear lot line. This setback requirement is the same as the setback requirement for patios or decks adjacent to the pool as set forth in Subsection B(7) below and in § 166-136; therefore, if a pool is located at the minimum required setback, no patio or deck adjacent to the pool shall be permitted to have a lesser setback.

Any patio, porch, or deck adjacent or accessory to a swimming pool or other outdoor recreational structure shall be subject to the same requirements for patios, porches, and decks in § 166-136.

Maximum coverage of yard areas. Outdoor recreational facilities shall not exceed 1/3 (33.3%) of either the rear or side yard within which they are located. Such coverage shall include the water surface and any decking or similar surface adjacent to a swimming pool, as well as any pavement, decking or other artificial surface used as part of a game or sport court, and the limits of any surface area covered by play structures or equipment. Treehouses, elevated playhouses, and similar raised platforms and structures shall be exempt from the foregoing requirement.

Illumination.

The illumination of outdoor recreational facilities by light fixtures is prohibited, except for swimming pools as regulated below.

When permitted, light fixtures shall be so located that the direct source of light is not visible from adjacent properties or streets.

When permitted, light fixtures shall be turned off between the hours of 10:00 p.m. and 7:00 a.m.

Fencing.

Swimming pools shall be required to comply with all applicable requirements and construction codes related to enclosures.

Game courts that involve airborne balls or other projectiles, including but not limited to tennis courts, basketball courts, etc., shall be located and designed in a manner that prevents such projectiles from traveling onto adjoining properties or public streets, as determined by the Zoning Officer. Any fencing for outdoor recreational facilities shall comply with the fencing requirements of this chapter.

Height of treehouses, elevated playhouses, and similar raised platforms and structures.

The height of treehouses, elevated playhouses, and similar raised platforms and structures, with or without a roof, and having a horizontal area of the floor or platform less than or equal to 100 square feet shall be exempt from the height requirements for accessory buildings and roofed accessory structures; however the highest elevation of any floor or platform of such structures shall not exceed 10 feet above the normal grade at the base of the structure.

The height of treehouses, elevated playhouses, and similar raised platforms and structures, with or without a roof, and having a horizontal area of the floor or platform greater than 100 square feet shall comply with the height requirements for accessory buildings and roofed accessory structures.

§ 166-136.2 Keeping of agricultural animals in the single-family residential zone districts.

[Added 12-13-2018 by Ord. No. 37-18]

The keeping of sheep, goats, cattle or other animals, except for piggeries, is permitted in the single-family residential zone districts, subject to the following requirements:

The lot shall contain an area of at least five acres for the keeping of sheet, goats, cattle or other such livestock, and an area of at least three acres in the case of chickens or other domestic fowl.

The animals shall be kept within a building, fenced enclosure or other such enclosure designed to prevent the accidental escape of such animals. Any such building and/or enclosure shall be located at least 100 feet from all lot lines of the property.

The regulations in this section shall not apply to the keeping of house pets.

§ 166-137 Landing and taking off of helicopters.

Notwithstanding any other provisions of this chapter, nothing contained herein shall be construed to permit the landing and taking off of helicopters in any zone district within the Township of Hanover except in the A Airport Zone District. Heliport/helistop sites are permitted within the A Zone as regulated by the Federal Aviation Agency and the applicable agencies of the State of New Jersey.

§ 166-137.1 Adoption of airport standards by reference.

[Added 5-12-1988 by Ord. No. 7-88]

Pursuant to the Air Safety and Hazardous Zoning Act of 1983 (N.J.S.A. 6:1-81 et seq.), the Township Committee hereby adopts by reference the standards for land use within airport hazard areas promulgated by the Commissioner of the Department of Transportation, being Chapter 62, Air Safety and Hazardous Zoning (N.J.A.C. 16:62-1.1 et seq.). A copy of said standards is attached hereto and are made a part hereof without the inclusion of the text thereof herein.[1]

Editor's Note: A copy of the standards is on file in the office of the Township Clerk.

§ 166-138 Multifamily buildings.

[Amended 2-26-2009 by Ord. No. 5-09]

Every multifamily building hereinafter constructed within the Township of Hanover shall meet the following regulations:

The architecture employed shall be aesthetically in keeping with the surrounding areas and shall be subject to approval by the Planning Board. All buildings shall be constructed in accordance with the Building Code and shall comply with the following requirements:

The exterior walls in each group of dwelling units shall be faced with brick, quarried stone, stucco, wood or other materials suitable in terms of quality, durability and appearance. Asbestos shingle and cinder or concrete block as exterior finishes are prohibited. The applicant shall submit to the Planning Board for review and approval, in addition to any and all other documents required by any other ordinance concerning site plan review, floor plans, elevation drawings, color rendering and detailed finish schedules.

The exterior of any accessory structures shall harmonize architecturally with and be constructed of materials of a like character as those used in principal structures.

The developer of any multifamily residential units constructed within the Township of Hanover shall make provision for the establishment and operation of an open space organization, which shall own and maintain all common open space for the benefit of owners or residents of the development. Said organization shall be bound by and comply with all required conditions of administration and procedures as set forth in § 166-103F of this chapter.

§ 166-138.1 Dish antennas; satellite earth stations.

[Added 7-9-1987 by Ord. No. 22-87]

For the purpose of regulating a satellite earth station, commonly referred to as a "dish antenna," said dish antenna shall be defined as a dish-shaped antenna designed to receive television broadcasts relayed by microwave signals from earth-orbiting communications satellites.

A dish antenna, including any structural supports, is permitted in all zones after the following requirements are met:

A dish antenna is only permitted as an accessory use on a lot that contains a principal structure.

A dish antenna is only permitted in the rear yard as a freestanding structure in all residential zones mounted on and attached to the ground by a concrete pad. In the nonresidential zones, a dish antenna is permitted on the roof of a permitted nonresidential building, provided that the top of the antenna falls within the maximum height limits of the zone in which it is located.

No lot may contain more than one dish antenna as herein regulated.

Every dish antenna attached to the ground shall be effectively screened by a special planting screen or fence which shall be maintained in good condition, so that said antenna shall not be visible from any adjacent property or public street.

A dish antenna shall not be closer to the rear property line than the height of said antenna nor closer to any side property line than the height of said antenna or the side yard setback requirement for the principal structure on the lot, whichever results in the greatest setback.

Any permitted dish antenna attached to the ground shall not have a surface receiving area greater than 50 square feet. Any permitted dish antenna on the roof of any building shall not have a surface receiving area greater than 100 square feet.

Power control and signal cables to or from any antenna attached to the ground shall be by underground conduit.

No dish antenna shall exceed a height of 15 feet.

Exemption of certain antennas. Pursuant to the 1996 ruling of the Federal Communications Commission, those antennas meeting the definition of numbers 4, 5 and 6 in the definition of "exempt antenna" in Article II are exempt from the provisions of this chapter. Furthermore, pursuant to the same rule, the provisions of this chapter shall not apply to those antennas meeting the definition of numbers 1, 2 and 3 in the definition of "exempt antenna" in Article II, if such provisions impair the installation, maintenance or use of such antennas. The determination regarding such impairment shall be made by the Zoning Officer and may be appealed to the Board of Adjustment in accordance with the procedures set forth in § 166-21.

[Added 12-11-1997 by Ord. No. 34-97]

§ 166-138.2 Fences and walls.

[Added 9-22-1988 by Ord. No. 27-88; amended 9-28-1989 by Ord. No. 30-89; 10-9-2014 by Ord. No. 38-14; 7-9-2015 by Ord. No. 18-15; 5-10-2018 by Ord. No. 9-2018; 5-14-2020 by Ord. No. 14-2020]

The following regulations apply to fences, freestanding walls and retaining walls, unless specifically provided otherwise by this chapter. In case of conflict between this section, and the Uniform Construction Code of the State of New Jersey, or other applicable law or regulation, the more restrictive requirement shall apply.

Location.

Yards. Fences, freestanding walls and retaining walls shall be permitted in front, side and rear yards.

Setbacks. The required setbacks for fences and walls shall be as follows:

No setback from any property line shall be required for fences and freestanding walls, unless a setback is required by other provisions of this chapter or if required as a condition of approval in particular circumstances.

The exposed face of retaining walls shall be set back from any property line a horizontal distance not less than one foot for each foot of height of the wall. The height of the wall used for determining the required setback shall be measured from the top of the wall to the finished ground level at the base of the wall at the point of setback measurement. In the case of multiple or tiered retaining walls, and/or when a fence or other barrier is located at the top of a retaining wall, the height of the upper wall, fence or barrier shall be included in the height of the wall to determine the required setback, unless:

Such upper wall, fence or other barrier is set back from the face of the lower wall a distance not less than the height of the upper wall, fence or barrier above the top of the lower wall; or

The fence or other barrier is designed to provide openings in at least 70% of the fence or barrier.

Maintenance of sight lines. No fence, freestanding wall or retaining wall shall be located where it will interfere with the minimal safe sight lines at the intersection of roadways, driveways, sidewalks and other pathways. The determination of safe sight lines shall be determined by the Township Engineer as part of any zoning permit application, or other development application, taking into account the mode and speed of transportation, number of lanes of travel, topography and other factors.

Height. The maximum permitted height of fences and walls shall be as follows:

Fences and freestanding walls.

Front yard.

The height of fences accessory to single-family detached dwellings, two-family dwellings, community shelters and residences shall not exceed 3.5 feet (42 inches) when located in the front yard. Any fence so located shall be designed to provide openings in at least 50% of the fence or wall.

The height of fences accessory to single-family attached dwellings, multifamily dwellings and nonresidential uses shall not exceed six feet when located in the front yard. Any fence so located shall be designed to provide openings in at least 80% of the fence, except for refuse or recycling enclosures, which shall be designed to screen the materials within the enclosure from view.

The height of freestanding walls shall not exceed two feet when located in the front yard, except for refuse or recycling enclosures, which shall not exceed a height of six feet when located in the front yard.

In the case of a fence placed on top of a freestanding wall, the height of the freestanding wall portion shall not exceed two feet and the combined height of the wall and fence shall comply with the height limitations for fences.

The foregoing requirements shall apply in all front yards on all lots, whether the lots are interior lots, corner lots or through lots, and the fact that a lot is a corner lot or through lot shall not, per se, be accepted by the Planning Board or Board of Adjustment as an exceptional condition or particular case supporting relief from the foregoing requirements.

Side and rear yards.

The height of fences and freestanding walls accessory to single-family detached dwellings, two-family dwellings, community shelters and residences shall not exceed six feet when located in the side or rear yard.

The height of fences and freestanding walls accessory to single-family attached dwellings, multifamily dwellings and nonresidential uses shall not exceed six feet when located in the side or rear yard; provided, however, that the reviewing agency may permit or require a fence or wall with a height up to eight feet without the need for a variance when such height is needed to provide adequate screening and will not result in a substantial negative visual impact to adjacent properties or the general public.

Height of retaining walls. The height of retaining walls shall be measured from the finished ground level at the base of the wall. The following height restrictions shall apply:

Front yard.

The height of retaining walls accessory to single-family detached dwellings, two-family dwellings, community shelters and residences shall not exceed 3.5 feet (42 inches) when located in the front yard.

The height of retaining walls accessory to single-family attached dwellings multifamily dwellings and nonresidential uses shall not exceed six feet when located in the front yard; provided, however, that the reviewing agency may permit a retaining wall with a height up to 12 feet without the need for a variance when such will not result in a substantial negative visual impact to adjacent properties or the general public, as for example when the wall faces an undevelopable property, the wall is set back from property lines a substantially greater distance than the minimum required, or is sufficiently screened from view from adjacent properties.

Side and rear yards.

The height of retaining walls accessory to single-family detached dwellings, two-family dwellings, community shelters and residences shall not exceed six feet when located in the side or rear yard.

The height of retaining walls accessory to single-family attached dwellings, multifamily dwellings and nonresidential uses shall not exceed eight feet when located in the side or rear yard; provided, however, that the reviewing agency may permit a retaining wall with a height up to 12 feet without the need for a variance when such will not result in a substantial negative visual impact to adjacent properties or the general public, as for example when the wall faces an undevelopable property, the wall is set back from property lines a substantially greater distance than the minimum required, or is sufficiently screened from view from adjacent properties.

Multiple or tiered retaining walls. In the case of multiple or tiered retaining walls, the following shall apply:

The height of any individual wall shall not exceed the maximum height permitted by Subsection B(2)(a) and (b) above, as applicable.

When fences, guard rails or other barriers are located at the top of retaining walls, the height of the wall shall be measured in accordance with Subsection A(2)(b) above.

Swimming pool enclosures. Enclosures for swimming pools shall be required to comply with the requirements of the Uniform Construction Code or this chapter, whichever is more restrictive. Such enclosures shall be prohibited in the front yard or the minimum required front yard, whichever is more restrictive. The foregoing requirements shall apply in all front yards on all lots, whether the lots are interior lots, corner lots or through lots, and the fact that a lot is a corner lot or through lot shall not, per se, be accepted by the Planning Board or Board of Adjustment as an exceptional condition or particular case supporting relief from the foregoing requirements.

Recreational facility enclosures. Recreational facility enclosures, such as enclosures of tennis courts or similar courts, shall be subject to the following requirements, in addition to the other requirements of this section. In case of conflict between this subsection and the remainder of this section, this subsection shall supersede and control for such enclosures.

The height of such enclosures shall be the minimum necessary to provide reasonable containment of projectiles used in play, but in no case shall the height of such enclosures exceed 12 feet.

Any such enclosure greater than six feet high shall be set back from any side or rear lot line a distance not less than the height of the enclosure.

Such enclosures shall be prohibited in the front yard. This requirement shall apply in all front yards on all lots, whether the lots are interior lots, corner lots or through lots, and the fact that a lot is a corner lot or through lot shall not, per se, be accepted by the Planning Board or Board of Adjustment as an exceptional condition or particular case supporting relief from the foregoing requirements.

Temporary fences.

Temporary fences designed and used to restrict access and to implement other controls during construction, demolition, site remediation and other such temporary activities associated with a development application shall not be subject to the provisions of this section, but shall be subject to the requirements set forth in the resolution of approval and/or developer's agreement, as applicable.

Temporary fences designed and used to restrict access to the subject property during temporary activities not associated with a development application shall not be subject to the provisions of this section, but shall be required to obtain a zoning permit from the Zoning Officer. Prior to issuance of such permit, the Zoning Officer shall determine the following:

A reasonable need exists for such fence in order to prevent unwarranted access to the subject property during the period of the temporary activity.

The height of such fence shall not exceed six feet.

Such fence shall be located and designed to not obstruct sight distance at intersections of streets or at other points where sight distance is needed for safety.

Such fence shall provide for access to the enclosed area by emergency personnel, such as but not limited to police, fire and first aid personnel.

The time period during which the fence is in place shall not exceed two years. An extension of such period may be requested and may be granted upon due cause shown.

Design requirements.

Safety barriers. The reviewing agency or official may, in appropriate instances, require a guard rail or other restraining device at the top of retaining walls if deemed necessary or advisable to protect persons, vehicles or equipment from falling off the wall. Such safety barriers shall be subject to the provisions of Subsections A(3)(c) and B(2)(c) above.

Materials and construction. The following standards shall apply to the materials and construction of fences and walls.

In the event that both sides of a fence or freestanding wall are not identical, the finished or preferred side shall be required to face the street and/or abutting properties, as applicable. For purposes of administering this provision, the finished or preferred side shall be that side which best conceals the fence posts, rails and other supporting parts, and/or which is painted, stained or otherwise treated when only one such side is so treated.

Walls shall not be faced with unfinished, painted or stained poured concrete, concrete block or cinder block, unless the same is textured to simulate natural stone or is split-face block.

Fences, freestanding walls or retaining walls that may present a danger or hazard to the public welfare, including but not limited to fences or walls, which are electrified, contain broken glass, razor wire or barbed wire, or other sharp edges, are prohibited.

§ 166-138.3 Family day-care homes and child-care centers.

[Added 5-13-1993 by Ord. No. 12-93; amended 12-22-1993 by Ord. No. 36-93]

Notwithstanding any other provisions of this chapter, family day-care homes as an accessory use and child-care centers are permitted in the locations indicated below and shall be subject to the following regulations:

Family day-care homes. Family day-care homes are permitted as an accessory use in all residential districts. Family day-care homes shall comply with the following regulations:

Any dwelling used for a family day-care home shall have the appearance of a dwelling from the exterior. The exterior of the dwelling shall not be altered to create the impression of business activity.

The family day-care provider, as defined in the Family Day Care Provider Registration Act (N.J.S.A. 30:5B-16 et seq.), shall be a resident of the dwelling within which child-care services are provided.

Family day-care homes shall not be required to provide any additional off-street parking beyond that required for the dwelling within which they are located.

Child-care centers. Child-care centers are permitted as a principal or accessory use in all nonresidential districts. Child-care centers shall comply with the following regulations:

No child-care center shall be permitted in the same building or site as a use which, in the opinion of the Planning Board, or the Site Plan Exemption Committee in the case of an application for site plan exemption, would be detrimental to the operation of a child-care center. In the case of an existing child-care center, no new use, or change of use, shall be permitted in the same building or site as a child-care center if, in the opinion of the Planning Board, or the Site Plan Exemption Committee in the case of an application for site plan exemption, the use would be detrimental to the operation of a child-care center.

[Amended 8-12-2010 by Ord. No. 23-2010]

The floor area occupied in any building or structure as a child-care center shall be excluded for calculating the parking requirements of this section; however, child-care centers shall be required to provide one off-street parking space for every employee, based upon the maximum number of employees present at any one time, plus one space for every 10 children or fraction thereof of the total licensed capacity. In the case of child-care centers which are accessory to a permitted principal use and located within the same building as the principal use and which provide care exclusively for the children of employees of the principal use, parking need only be provided at the ratio of one off-street parking space for each employee of the child-care center. In addition to the above parking requirements, a landscaped area shall be reserved which can be converted to off-street parking if the conditions for allowing the above parking standard for child-care centers ever change. The parking constructed for the child-care center and the landscaped reserved parking shall together provide for no less parking than is required in the zone as set forth in § 166-154 or 166-155, as applicable.

[Amended 9-8-2011 by Ord. No. 25-11]

In addition to the above requirements, child-care centers shall be required to provide an area designated as a dropoff/pickup area for children. The dropoff/pickup area shall be located such that children do not have to cross the parking lot, driveway or other traffic area in order to travel between the building and their vehicle.

§ 166-138.4 Municipal uses, institutional uses and nonresidential social assistance establishments.

[Added 8-10-1995 by Ord. No. 23-95; amended 12-3-2001 by Ord. No. 18-01; 2-22-2007 by Ord. No. 5-07; 12-13-2012 by Ord. No. 23-12; 7-9-2015 by Ord. No. 17-15; 7-14-2016 by Ord. No. 20-16]

Notwithstanding any other provisions of this chapter, municipal buildings used for public purposes are permitted principal uses in any of the zone districts, except as may be otherwise prohibited by the Air Safety and Hazardous Zoning Act, Chapter 260 of the Laws of 1983.[1]The Planning Board review of municipal buildings shall be guided, on an informal basis, by the standards in the PU Zone District for such uses and by the provisions for review of capital projects in N.J.S.A. 40:55D-26a. Institutional uses and nonresidential social assistance establishments, as defined in § 166-4A, are permitted in the zone districts indicated below and shall be subject to the following regulations, in addition to all other applicable regulations of this chapter; in the case of conflict between the following regulations and other regulations of this chapter, the following shall supersede such other regulations:

Where permitted.

[Amended 12-13-2018 by Ord. No. 37-18; 6-13-2019 by Ord. No. 24-19]

Houses of worship, libraries and schools shall be permitted in the R-40, R-40N, R-30, R-25, R-21, R-15, R-10 Zone Districts, the O-S, OB-RL, OB-DS, OB-RL3 Zone Districts, the I, I-2, I-4, I-5, I-P, I-P2, I-R Zone Districts and in the PU Zone District.

State-licensed hospitals and nonresidential social assistance establishments shall be permitted in the O-S, OB-RL, OB-DS, OB-RL3 Zone Districts, the I, I-2, I-4, I-5, I-P, I-P2, I-R Zone Districts and in the PU Zone District.

Number of principal uses and buildings. The provisions of § 166-115A through D shall not apply to institutional uses. Institutional uses shall be permitted to be developed with more than one principal building on a lot, to contain more than one institutional use in a principal building, and, when located in a residential zone, to contain a dwelling unit that is accessory to the institutional use on the same lot as other buildings. If more than one principal building is constructed on a lot, such buildings shall be separated by a distance not less than 1/2 of the height of the taller building or 20 feet, whichever is greater. If the buildings vary in height, the separation requirement shall apply independently to each portion of the building, based upon the height of such portion.

[Amended 6-14-2018 by Ord. No. 15-2018]

Permitted accessory uses and buildings. Accessory uses and buildings, as defined in § 166-4A, shall be permitted in addition to principal uses and buildings, provided that for-profit uses or activities shall be presumed to be a prohibited accessory to a nonprofit institutional use. Nonresidential accessory buildings shall be subject to the provisions of § 166-114C. A residence or residences for the staff of institutional uses, such as but not limited to parsonages, rectories, convents, manses and vicarages, used solely or primarily as housing, shall be permitted on the same lot or on lots separate from the institutional use, subject to the following:

When such a residence is located on a separate lot from the institutional use, it shall not be considered an institutional use, but shall be considered a residential use and subject to all of the provisions applicable to residences in the zone district within which it is located.

When such a residence is located on the same lot as the institutional use, and it is located within a separate building and its yard areas, its accessory uses and its accessory structures are generally distinct and separate from the institutional use, then it shall not be considered an institutional use, but shall be subject to all of the provisions applicable to residences in the zone district within which it is located, with that portion of the lot devoted to the residence considered its "lot" for purposes of complying with such requirements. Furthermore, the residential portion shall be excluded from the lot for the institutional use for purposes of complying with the requirements for the institutional use.

When such a residence is located within the same building as the institutional use, or is located in a separate building but its yard areas, its accessory uses and its accessory structures are not distinct and separate from the institutional use, such residence shall be considered part of the institutional use and shall be subject to all of the requirements applicable to the institutional use.

Number of parking spaces. The minimum number of off-street parking spaces for institutional uses shall be as set forth in § 166-155.

[Amended 5-12-2022 by Ord. No. 16-2022]

Development standards in nonresidential zones. Where permitted in the nonresidential zones, institutional uses and nonresidential social assistance establishments shall comply with the development standards for nonresidential uses in the zone within which they are located; provided, however that the minimum lot area for institutional uses shall not be less than required for other nonresidential uses in the zone, or less than three acres for libraries, five acres for houses of worship and schools, and 10 acres for hospitals, whichever is more restrictive.

Development standards in residential zones. Where permitted in the residential zones, institutional uses shall comply with the following requirements:

Minimum lot area: five acres of net developable area, which shall be defined as the gross lot area minus wetlands, wetland transition areas and any other areas within which development is prohibited. In the case of multiple lots used for the same institutional use, the net developable area of all such properties located within 200 feet of the lot or lots containing the principal building(s) shall be used for determining compliance with this requirement.

Minimum front yard: 50 feet, or as required for residential development in the zone, whichever is greater.

Minimum side and rear yard: 75 feet, unless the yard abuts property in a nonresidential zone, in which case a minimum yard depth of 40 feet shall be required.

Maximum building height: 45 feet, excluding those features identified in the definition of "height of building or structure" in § 166-4A.

Maximum building coverage: 25% of the lot area.

Maximum improvement coverage: 60% of the lot area.

Parking, loading and driveways.

Parking and loading areas shall be located at least 50 feet from the front lot line(s).

Parking and loading areas and driveways shall be located at least 25 feet from all side and rear lot lines; provided, however, that in those locations where the side or rear lot lines abut property in a nonresidential zone, then parking and loading areas and driveways shall be located at least 10 feet from the side and rear lot lines.

As a limitation on the intensity of use, institutional uses shall be limited to uses and configurations that do not require more than 300 off-street parking spaces pursuant to the standards of this chapter.

Buffer requirements. Institutional uses located in residential zone districts shall provide a planted buffer along any side or rear property line, or portion thereof, that abuts property in a residential zone district. The minimum depth of planting in the buffer shall be 20 feet, measured perpendicular to the lot line. The other standards for such buffer shall be the same as apply to multifamily residential zone districts that abut single-family residential zone districts in § 166-125. The Board may also require the installation of a fence as part of the buffer, with such fence designed to mitigate views and the impacts from headlights and noise from the institutional use property, as determined as part of any required site plan review.

Editor's Note: See N.J.S.A. 6:1-80 et seq.

§ 166-138.5 Cellular telecommunications antennas.

[Added 4-10-1997 by Ord. No. 11-97]

Notwithstanding any other provisions of this chapter, freestanding cellular telecommunications antennas shall be permitted as a conditional use as regulated in § 166-150B. Cellular telecommunications antennas which are mounted upon an existing structure shall be a permitted use in all nonresidential zone districts and shall be subject to the following regulations:

The antennas and related structures shall be subject to the height and area restrictions applicable to roof-mounted structures applicable in the zone district. If located in the I-3 Zone District, the antennas and related structures shall not exceed 10 feet in height nor shall their total area exceed 5% of the area of the roof to which they are attached.

The antennas and related structures shall be screened, insofar as is practical in order to maintain adequate transmission and/or reception capability, as determined by the Board.

The antennas and related structures shall be subject to site plan approval.

§ 166-138.5.1 Solar or photovoltaic energy facilities and structures.

[Added 12-13-2012 by Ord. No. 24-12; amended 4-13-2023 by Ord. No. 11-2023]

In addition to all other applicable requirements of this chapter, solar or photovoltaic energy facilities and structures shall be permitted in the following locations and shall be subject to the following requirements, except as specifically provided otherwise for solar or photovoltaic energy facilities and structures by this chapter or other applicable law. In case of conflict between the following requirements and the other requirements of this chapter not pertaining specifically to solar or photovoltaic energy facilities and structures, the following shall supersede:

Solar or photovoltaic energy facilities and structures in residential zone districts.

Solar or photovoltaic energy facilities and structures shall be permitted as an accessory use only, and not as a principal use.

Solar panels shall be located on the roof of buildings only. Panels mounted on poles, on the ground or on other structures shall be prohibited.

The height of solar panels shall not exceed the height of the roof at any point by more than 18 inches. The height shall be measured from the roof directly beneath the solar panel.

In order to maintain the building's architectural style and appearance, the slope of roof-mounted solar panels shall be required to be consistent with the slope of the roof upon which the panel is located. Solar panels mounted on horizontal roofs may be pitched to maximize solar gain, provided that Subsection A(3) above is complied with.

Solar or photovoltaic energy facilities and structures in nonresidential zone districts.

Solar or photovoltaic energy facilities and structures shall be permitted as a principal use or as an accessory use.

Solar panels may be located on the roof of buildings, on poles, on the ground or on other structures.

Solar panels mounted on the roof of buildings shall be subject to the following requirements:

Solar panels shall be exempt from the coverage limitations applicable to other rooftop equipment.

Solar panels that have a height of 18 inches or less above the elevation of the roof where the panels are mounted shall be subject to the following:

Such panels shall be exempt from the maximum height regulations applicable to the building.

Such panels shall not be required to be screened from view.

When mounted on sloping roofs, the pitch of such panels shall be required to be consistent with the slope of the roof upon which the panels are located.

Solar panels having a height greater than 18 inches above the elevation of the roof where the panels are mounted shall be screened from view on all sides by parapet walls, roofs, screens or similar features. If the screening is designed to appear as an integral part of the building architecture, then no additional requirements shall apply other than the maximum height regulations applicable to the building. Where the screening is not designed as an integral part of the building architecture, but is a distinct and separate feature, the following shall apply:

Such panels and screening shall not exceed the elevation of the roof where the panels are mounted by more than five feet.

Such panels and screening shall comply with the maximum height regulations applicable to the building.

The screening of such panels shall be designed to be compatible with the architecture of the building, as determined by the reviewing agency.

Solar panels mounted on roofs shall be located at least 10 feet from the edge of flat roofs unless a safety barrier having a height of at least 42 inches above the roof elevation is provided to prevent accidental falls from the roof by service and maintenance personnel.

Solar panels mounted on horizontal roofs may be pitched to maximize solar gain, provided that the other requirements of this Subsection B(3) are complied with.

Solar panels mounted on the ground, on poles or on other structures shall be subject to the following requirements:

Such panels shall be permitted only in the side and rear yards. Such panels shall be prohibited in front yards.

The height of such panels shall not exceed 20 feet above the ground at the base of the panel.

Such panels shall be set back from all property lines a distance not less than 1.5 times the height of the panels, or shall be set back the minimum setback requirement for accessory buildings, whichever is more restrictive.

Such panels shall be screened from the view of public streets and residential zones by vegetation, fencing or walls and/or topographic features, as determined by the Board at the time of site plan approval.

In cases where the placement of solar panels and the requirements for landscaped islands in parking areas in this chapter conflict, such parking areas shall be exempt from the landscaped island requirements, but only to the extent of such conflict.

In cases where solar panels in parking areas interfere with the illumination of the parking area by light fixtures, supplemental and/or revised illumination shall be provided to ensure adequate illumination beneath the panels.

The placement of solar panels in parking areas shall not interfere with safe and convenient vehicular movements, including but not limited to dimensional requirements, turning radii, sight lines and vertical clearances for automobiles, trucks and emergency vehicles. Where deemed necessary by the reviewing agency, protective bollards, guide rails or other barriers shall be provided to prevent damage to solar panels or other solar or photovoltaic energy facilities or structures.

General provisions.

In accordance with the provisions of N.J.S.A. 40:55D-38.1, the horizontal area of solar panels shall be excluded from calculations of impervious cover.

All solar panels shall be oriented or otherwise designed (e.g., with nonreflective glass) to avoid directing reflected glare from the sun or from light fixtures toward adjacent properties or streets so as to be a nuisance or safety hazard.

Solar panels shall be designed to avoid problems resulting from stormwater runoff, snow and ice accumulation and removal, and vehicular and pedestrian circulation.

Wiring between freestanding solar panels and buildings shall be located underground.

Signs shall not be permitted to be attached to solar panels, their support structures or equipment or any screening devices, except for signs required for service or maintenance personnel or warning signs for electrical hazards.

§ 166-138.5.2 Accessory apartments.

[Added 12-12-2019 by Ord. No. 54-19]

Purpose. This section is intended to provide opportunities for the creation of up to 10 affordable accessory apartments within Hanover Township to fulfill the Township's affordable housing obligation.

Definition. The term "accessory apartment," as used in this section, shall be defined as a self-contained residential dwelling unit with a kitchen, sanitary facilities, sleeping quarters and a private entrance, which is created within an existing home, or through the conversion of an existing accessory structure on the same site, or by an addition to an existing home or accessory building, or by the construction of a new accessory structure on the same site.

Where permitted. Accessory apartments shall be permitted in principal or accessory buildings in all R and RM Residential Zones on lots developed with a detached single-family dwelling according to the area, yard, and bulk requirements set forth at Subsection G below.

Affordability. Each new accessory apartment created under the terms of this section shall be an affordable rental unit in accordance with the terms of Chapter 72, Affordable Housing, of the Code of the Township of Hanover.

Applicability. This section shall only apply to the development and continued operation of the first 10 creditable affordable accessory apartments created in the Township following the adoption of this section, unless a higher number of affordable accessory apartment units are permitted to be applied toward the Township's Fair Share Obligation of low- and moderate-income housing.

Number of dwelling units. No lot shall contain more than two dwelling units. A lot shall contain a principal dwelling unit and not more than one affordable accessory apartment which may be located in the principal residence or in an accessory structure. The accessory apartment shall be exempt from the density requirements of the zone district in which the unit is located; however, this density exemption shall only apply to one unit above the maximum density.

Area and bulk standards. An affordable accessory apartment shall only be permitted if it complies with the following lot and bulk standards:

The lot to be used for the accessory apartment shall comply with the minimum area, width and depth requirements applicable to single-family detached dwellings in the zone district.

The building within which the accessory apartment is located shall comply with all requirements applicable to principal buildings used as detached single-family dwellings in the zone district, except for requirements that limit the lot to only one dwelling or dwelling structure.

The cumulative building coverage, improvement coverage and floor area ratio of all buildings and other improvements on the lot shall comply with the standards applicable to single-family dwellings on the lot.

Design standards. An affordable accessory apartment shall be subject to the following design standards:

Minimum unit floor area. Each accessory apartment unit shall contain a minimum habitable gross floor area of 450 square feet, plus 150 square feet for each bedroom in the unit.

Maximum unit floor area. The habitable gross floor area of any accessory apartment shall not exceed the lesser of: a) the habitable gross floor of the primary dwelling unit on the lot, or b) 1,000 square feet.

Access to any affordable accessory apartment shall be provided with an exterior entrance separate from the principal dwelling entrance.

The exterior design of any accessory apartment shall be consistent with the design of the existing dwelling structure, utilizing the same or similar materials, colors, and architectural style. In applying this standard, the intent shall be to maintain the appearance of the property as a single-family dwelling and related structures.

Off-street parking shall be provided for any vehicles used by the occupants of the affordable accessory apartment. The requirements of the New Jersey Residential Site Improvement Standards at N.J.A.C. 5:21-4.14 shall apply. All parking and driveways serving accessory apartments shall comply with the standards for parking and driveways for detached single-family dwellings in the district, provided that one off-street parking space shall be provided for any efficiency or one-bedroom accessory apartment.

Water and sewer. The appropriate utility authority must certify that there is water and sewer infrastructure with sufficient capacity to serve the proposed accessory apartment. Where the proposed location is served by an individual well and/or septic system, the additional capacity necessitated by the new unit must meet the appropriate NJDEP standards.

Existing accessory apartments. Existing unauthorized accessory apartments may be legalized under this section without Township subsidy, provided all of the foregoing criteria as well as the following criteria can be met:

The unit is currently vacant or is occupied by a qualified very-low, low- or moderate-income household unrelated to the owner.

If the unit is currently in substandard condition, it shall be brought up to standard condition before a certificate of occupancy is issued in accordance with all of the requirements and procedures of Chapter 72, Affordable Housing, of the Code of the Township of Hanover, except that no Township subsidy shall be required to be paid to the owner to bring the unit up to standard condition.

The unit will be affirmatively marketed pursuant to the Township's affirmative marketing plan. If the unit is currently occupied by a qualified very-low-, low-or moderate-income household unrelated to the owner, it shall be affirmatively marketed when the current tenant vacates the unit.

The unit will be deed restricted for occupancy by and will remain affordable to a qualified very-low-, low-, or moderate-income household for a period of 10 years from the date a certificate of occupancy is issued for it, consistent with the requirements of Chapter 72, Affordable Housing, and the rules of the Council on Affordable Housing, except that no Township subsidy shall be required to be paid to the owner for the creation of the affordable accessory apartment.[1]

Editor's Note: Former Article XIXA, Transfer of Development Credits, added 3-23-2000 by Ord. No. 4-2000, comprised of former §§ 166-138.6 through 166-138.12, which immediately followed this subsection, was repealed 2-11-2021 by Ord. No. 1-2021.

§ 166-138.6 Publicly accessible electric vehicle charging facilities as a principal use.

[Added 12-19-2022 by Ord. No. 35-2022]

Notwithstanding anything in this chapter to the contrary, public electric vehicle charging facilities shall be a permitted principal use in the locations set forth below and shall be subject to the following requirements:

Definition. For purposes of administering and interpreting this section, a "publicly accessible electric vehicle charging facility" is defined as a paved area available and accessible to the general public and which contains designated parking spaces for electric vehicles served by electric vehicle supply/service equipment (EVSE) as defined in § 166-153O.

Locations where permitted. When located as part of an existing or proposed development for another use, publicly accessible electric vehicle charging facilities shall be permitted where specified by § 166-153O. When a publicly accessible electric vehicle charging facility is the sole or principal use of the property, the facility shall only be permitted in those locations that comply with all of the following conditions:

The property containing the facility is in a nonresidential zone district intended primarily or solely for the development and use by nonresidential uses.

The location shall be such that the traveling public is not required or encouraged to travel through residential neighborhoods to use the facility.

The facility is located within one-half mile of an exit or entrance ramp for Routes 24 or 287. The half-mile distance shall be measured along the line of travel from the location where the ramp intersects the pavement of the roadway to which the ramp connects, i.e., not the pavement of Route 24 or Route 287, to the location where the nearest entrance/exit driveway for the facility intersects a public street.

Regulations. When located as part of an existing or proposed development for another use, publicly accessible electric vehicle charging facilities shall be subject to the requirements for such facilities in § 166-153O. When a publicly accessible electric vehicle charging facility is the sole or principal use of the property, the facility shall be developed and used in accordance with the following requirements:

The facility shall be subject to the same regulations that apply to parking areas in the zone district in which the facility is located, including but not limited to setbacks, improvement coverage, parking space and access aisle dimensions, pavement, curbing, striping, lighting, landscaping, buffers of residential properties, and stormwater drainage.

A freestanding sign shall be permitted to identify the facility to the traveling public. Such sign shall not exceed an area of 30 square feet or a height of six feet, and shall be subject to the same setback requirements as the facility. Other signage shall be permitted, required, and regulated as set forth in § 166-153O.

The facility shall be required to obtain site plan approval or, if eligible, site plan exemption as required for other development by this chapter.

The facility shall be subject to the requirements of § 166-153O(6) and (7).

§ 166-139 Required permits and approvals.

[Amended 7-10-2014 by Ord. No. 30-14; 3-14-2024 by Ord. No. 4-2024]

No sign shall be constructed or displayed unless a permit shall have first been obtained from the Zoning Officer, unless specifically exempted by this chapter. Prior to the issuance of such permits, freestanding principal signs shall obtain site plan approval unless exempted by this chapter or other applicable law.

§ 166-140 Measurement of sign area and height.

[Amended 12-14-2017 by Ord. No. 26-2017]

For purposes of this chapter, the area of signs shall be calculated as follows:

The sign area shall be calculated based upon the entire face of the sign, including the advertising surface and any framing, trim, or molding, and any defined background (e.g., color panel, sign board, etc.). See illustration below.

SIGN AREA = AREA OF CIRCLE

SIGN AREA = A X B

When there is no defined sign background, for example, when individual letters are mounted on a wall of a building without any different color or material than the balance of the wall, or when the defined sign background is smaller than the sign letters or symbols, the sign area shall be calculated based upon the area of the smallest rectangle which includes all of the sign elements. See illustration below.

When a sign is comprised of multiple elements, for example, in a directory sign, the sign area shall be calculated based upon the area of the smallest rectangle which includes all of the sign elements, including the advertising surface and any framing, trim, or molding, and any defined background (e.g., color panel, sign board, etc.), including the space between the sign elements. See illustration below.

When a sign is comprised of multiple elements, some with a defined background and some without a defined background, the sign area shall include the area of the smallest rectangle which includes all of the sign elements.

SIGN AREA = A X B

The area of freestanding signs shall be calculated in the same manner as other signs, except that those structures used solely for support of the sign, and not designed as part of the face of the sign (such face including the advertising surface and any framing, trim, or molding, and any defined background) shall be excluded from the sign area.

Notwithstanding the foregoing provisions for calculating the area of signs with multiple elements, if in the judgment of the reviewing agency such multiple elements are not designed to be viewed together as a single sign, such elements shall be construed to be separate signs, with the area of each sign to be calculated separately, and such signs shall be subject to any applicable restrictions on the maximum permitted number of signs.

The height of a sign shall be computed as the distance from normal grade to, in the case of signs attached to buildings or other similar structures, the top of the highest point of the sign or, in the case of freestanding signs, the highest point of any structure upon which the sign is located, whichever is greater. Normal grade shall be construed to be the newly established grade after construction, exclusive of any filling, berms, mounding or excavating installed primarily for the purpose of locating the sign.

§ 166-141 Regulations applicable in all zones.

All applications seeking approval for signs shall submit at least the following information concerning said sign(s):

Sign area, dimensions and height above ground;

Dimensions of letters or other symbols in the sign;

A view of the front of the sign, and the rear in the case of two-sided signs if different from the front;

A cross section of the end view of the sign;

A description of sign materials, including type, color, texture, etc.;

The method of sign illumination (if any), including a detail showing the number, location and wattage of bulbs or other light sources, reflectors and shields, type of light source, etc.;

A detail showing the construction of the sign base, pole or other support; and

Any landscaping which exists or is proposed in proximity to the sign.

No sign shall be placed as to interfere with or be mistaken for a traffic light or similar safety device. No sign shall be located so as to create a traffic safety problem or reduce visibility at intersections or driveways.

All illuminated signs must comply with the following regulations:

No sign shall be lighted by means of flashing, fluctuating, changing or intermittent illumination. No sign shall be illuminated such that the illumination changes the sign content or message, except for gasoline pricing signs as permitted by this chapter and as regulated by other applicable law.

[Amended 12-14-2017 by Ord. No. 26-2017]

All lights used for the illumination of any sign shall be completely shielded from the view of vehicular traffic using the road(s) abutting the properties containing such signs and shall be directed so as to prevent excessive glare on adjacent properties or sidewalks.

Internal light sources, wall-mounted or sign-mounted fixtures, or ground-based fixtures may be used for illumination.

[Amended 12-14-2017 by Ord. No. 26-2017]

There shall be no illumination of any freestanding sign between the hours of 11:00 p.m. and 7:00 a.m., except when the business identified on the sign and operating at the sign location is open for business.

[Amended 5-12-2016 by Ord. No. 15-16; 12-14-2017 by Ord. No. 26-2017]

No sign shall be illuminated from an internal light source unless it complies with the following requirements:

All internally illuminated signs shall be designed to minimize glare.

The light bulb or other light source shall not be visible from outside the sign. The light source shall be diffused to eliminate hot spots.

No sign as permitted shall extend or project above the highest elevation of the wall to which it is attached.

Freestanding signs necessary for directional or safety purposes on the property are permitted in addition to the other signs permitted in the respective zone districts, subject to the following requirements:

[Amended 5-9-2013 by Ord. No. 14-13]

Standard traffic control signs. Standardized signs for traffic control and direction, including but not limited to "stop," "yield," "one-way," "do not enter" signs, shall comply with the standards set forth in the Manual on Uniform Traffic Control Devices, as approved by the Township Engineer.

Directional signs. Directional signs are distinguished from directory signs, as regulated by § 166-147C, and from other signs of a similar nature specifically regulated by this chapter or other applicable law, such as loading bay signs regulated by § 166-147E. Directional signs shall be defined as signs that direct travelers to various buildings, driveways, parking or loading or other areas, or which provide information concerning the use of or restrictions for such areas, and not to advertise site uses, products or services to the traveling public. Directional signs shall be subject to the following requirements:

[Amended 3-14-2024 by Ord. No. 4-2024; 10-10-2019 by Ord. No. 38-19]

Maximum quantity. The quantity of such signs shall be the minimum necessary to provide reasonable direction to site users, as determined by the reviewing agency.

Content. Sign content containing the name and/or logo of any business, tenant, owner, or development shall not exceed three square feet.

Location. Directional signs shall be located where they will not interfere with reasonable sight distance for vehicles and pedestrians, with pedestrian or vehicular travel, with utilities and with other site improvements.

Maximum area. Except as provided otherwise for large nonresidential developments in Subsection E(3) below, directional signs shall be limited to a maximum area of six square feet.

Maximum height. Freestanding directional signs shall be limited to a maximum height of eight feet. The height of building-mounted directional signs shall be subject to the same height restrictions as other wall signs on the property.

Directional signs for large nonresidential projects. Notwithstanding the provisions of Subsection E(2) above, directional signs for large nonresidential developments having a gross floor area of at least 250,000 square feet on tracts at least 50 acres in area shall be subject to the following requirements:

The quantity content and location of such signs shall be as required in Subsection E(2) above.

Maximum area. Directional signs shall be limited to a maximum area of 30 square feet.

Maximum height. Directional signs shall be limited to a maximum height of seven feet.

Temporary on-site signs used as an accessory to new construction or alteration on the premises, identifying the project and/or the contractor, are permitted in all zones. Such signs shall only be erected after all required approvals and permits for such development have been obtained, such sign has been approved by the Zoning Officer and all applicable fees for such sign have been paid. Such signs shall be registered with and the fee paid to the Construction Official. The following provisions shall apply:

[Amended 3-23-2006 by Ord. No. 10-2006; 7-14-2016 by Ord. No. 20-16]

In nonresidential zones, said temporary signs shall not be larger than 12 square feet and must be removed prior to the issuance of a certificate of occupancy for said construction, or within seven days of the completion of construction if no certificate of occupancy is required. One sign shall be permitted to identify the project and one sign shall be permitted to identify the general and/or subcontractors for the project, but no more than two temporary construction signs shall be permitted for any site.

In residential zones, the area of said signs shall not exceed six square feet and the height of said signs shall not exceed four feet. Only one temporary construction sign shall be permitted for any site. Such signs may only be displayed during the period of construction and in no event for more than 30 days from the date the sign was first displayed. The period of construction shall be construed to begin with the issuance of all approvals for such construction and end with the issuance of a certificate of occupancy or other final approval of the as-built construction or, in the case of improvements that are not subject to as-built inspection or approval, with the completion of the improvements.

Temporary construction signs shall not be located closer than 10 feet to the property line.

A real estate sign is permitted in all zones, provided that it complies with all of the following requirements:

It must not be illuminated.

It must pertain only to the lease or sale of the lot upon which it is placed.

It shall not exceed 12 square feet in area.

It shall be removed within seven days after the consummation of the lease or sale transaction.

A building permit must be obtained from the Building Inspector.

Signs deemed necessary to the public welfare by the Township Committee are permitted in all zones. Such signs shall not pertain to any company, individual or business establishment.

Signs for institutional uses are permitted on the same lot as the institutional use to which the sign is accessory. Such signs shall be subject to the following requirements:

[Amended 7-14-2016 by Ord. No. 20-16]

One freestanding sign and one sign affixed to each principal or accessory building shall be permitted.

The maximum area of any sign shall be 30 square feet.

Freestanding signs shall be located at least 20 feet from any property line in the residential zones, and as required for other principal signs in the nonresidential zones, and shall be located so as to not interfere with safe sight distance at intersections of roadways and driveways.

Freestanding signs shall not exceed a height of 10 feet.

In addition to permitted permanent signs, a temporary nonilluminated sign may be displayed not more than twice a year for periods not to exceed 30 days each, provided that such temporary signs are registered with the Building Inspector. Such signs shall not exceed an area of 12 square feet and shall be located at least 10 feet from any property line.

Real estate signs as permitted in Subsection G above shall be located in the rear half of the front yard or the rear half of the minimum required front yard setback, whichever results in a lesser setback.

[Amended 7-14-2016 by Ord. No. 20-16]

Political signs as defined in this chapter shall be permitted in any use district, subject to the following restrictions:

One attached sign may be placed upon one privately owned building designated and serving as the campaign headquarters of any candidate or group of candidates running for election to public office. Such attached sign shall not exceed 20 square feet in area.

In addition to an attached sign as regulated herein, freestanding signs are permitted. Such signs shall not exceed eight square feet in area nor eight feet in height. Such signs shall have a minimum setback of 1/2 the front yard setback required in the zone district in which the property is located.

No such sign shall be erected, posted or displayed more than 15 days prior to the date of the election to which such sign pertains, and any such sign shall be removed not more than five days after the date of such election.

[Amended 6-12-1997 by Ord. No. 20-97]

Any person, firm or corporation, including any candidate, group of candidates or political organization, who shall erect or display or who shall cause or permit to be erected or displayed any such sign on premises subject to his or its control in violation of the terms of this subsection shall, upon conviction thereof, be punishable for a violation of this chapter.

Flags of the United States, the State of New Jersey, the County of Morris, the Township of Hanover, foreign nations having diplomatic relations with the United States and any other flag adopted or sanctioned by an elected legislative body of competent jurisdiction shall be permitted in all zones, and in the circumstances set forth below, flags displaying the name and/or logo of a business shall be permitted, provided that the following requirements are met:

[Amended 10-27-2011 by Ord. No. 28-11]

No flagpole shall be constructed the top of which is more than 40 feet above the ground or five feet above the height of the existing principal building, whichever is less.

If attached to a building, a flagpole shall not exceed 15 feet in length and shall comply with the above height requirement.

One freestanding flagpole shall be permitted per lot, provided that in the nonresidential zone districts, up to three freestanding flagpoles shall be permitted on a lot when the second and third flagpoles, as applicable, are located at least 300 feet from any public street right-of-way.

[Amended 4-11-2013 by Ord. No. 13-13]

Except as provided otherwise in Subsection L(3) above, all freestanding flagpoles shall be located no closer to any property line than a distance 1 1/2 times the height of the flagpole. In addition to the above requirement, flagpoles in the front yard shall not be located closer to the street than the rear half of the required front yard setback. Notwithstanding the foregoing, any flagpoles displaying a flag containing the name and/or logo of a business as permitted herein shall be located at least 300 feet from any public street right-of-way.

[Amended 4-11-2013 by Ord. No. 13-13]

All freestanding flagpoles shall require site plan approval, unless accessory to single-family detached or two-family dwellings.

Permitted flags must be flown in accordance with protocol established by the Congress of the United States for the Stars and Stripes.

All signs which are not specifically permitted herein are prohibited. In addition, the following signs are specifically prohibited:

Window signs, except where specifically noted otherwise.

Snipe signs, including any sign attached to a tree, utility pole, light stanchion, fence or other structure not designed for support of said sign.

Roof signs.

Portable or movable signs.

Signs painted or attached to any vehicle advertising a business and which are intended to be viewed while the vehicle is stationary.

Signs with more than two display faces.

A double-faced sign having an included angle of over 20°.

All signs which move, rotate or use flashing lights or utilize mechanically changing displays.

Pennants streamers, banners and flags, except those flags permitted by § 166-141L and those banners and pennants permitted by § 166-141N.

[Amended 5-9-2013 by Ord. No. 14-13]

Banners and pennants.

[Added 5-9-2013 by Ord. No. 14-13]

When permitted. Banners and pennants shall only be permitted for larger nonresidential developments, such as but not limited to office or industrial parks, containing a gross floor area of at least 250,000 square feet and a lot area of at least 50 acres.

Location. Banners and pennants shall be located at least 200 feet from a public street right-of-way.

Maximum area: 12 square feet per banner or pennant.

Maximum height: 15 feet.

Temporary special event signs on public property. Temporary special event signs shall be permitted in accordance with the following requirements:

[Added 7-10-2014 by Ord. No. 30-14; amended 12-11-2014 by Ord. No. 43-14]

For purposes of this subsection, "temporary special event sign" refers to a sign that announces a short-term happening or special occurrence in the Township that is sponsored by a nonprofit organization and of general interest to the community.

Such signs shall be located only on the property where the special event is to occur or within the right-of-way of public streets, but not on other public property.

Such signs shall be erected and displayed for up to seven consecutive days. No subsequent temporary special event sign announcing or identifying the same or equivalent special event shall be permitted to be erected or displayed within seven days of the prior display of such sign.

The area of such signs shall not exceed six square feet.

Signs shall be prohibited on the paved area of roadways or walkways, and shall not be permitted to encroach within the air space above such areas.

Such signs shall be separated from any signs pertaining to a different special event by a horizontal distance of at least 40 feet.

The following temporary special event signs and sign placement shall be prohibited:

Inflatable devices (except balloons), streamers, flags and pennants.

"Snipe signs," including any signs attached to trees, utility poles, light poles, fences, traffic signs or other structures that are not designed to function solely as a support for the sign.

Signs painted or attached to any motor vehicle or other vehicle or equipment advertising a business, service, event or property, except for such signs that are painted on or affixed to a motor vehicle registered as a commercial vehicle, when such sign is used to identify the business for which the vehicle is registered.

Signs that move, rotate or use flashing lights, or that utilize mechanically changing displays.

Such signs shall comply with the requirements of § 166-141B.

Such signs shall be exempt from the requirement to obtain a permit.

Temporary signs for opening of new retail sales and retail service establishments. Retail sales and retail service establishments shall be permitted to display temporary signs when the establishment first opens on a property in the Township. Such signage shall be subject to the following requirements:

[Added 10-11-2018 by Ord. No. 24-2018]

For purposes of this subsection, a "new retail sales and retail service establishment" shall be construed to mean such an establishment that is a change in use or brand from the prior use or brand on the site or in the building, and which requires the issuance of a certificate of occupancy.

A zoning permit shall be required from the Zoning Officer prior to the display of such signage.

Permitted display period.

Once issued, permits for such signs shall be valid for a period of 30 days, at which time the sign must be removed.

Permits are nonrenewable.

Such signs shall not be displayed after 60 days have elapsed since the opening of the store to the public for business, with such opening defined as the date that the initial certificate of occupancy, temporary certificate of occupancy, or certificate of continued occupancy was issued for the business, whichever applied and whichever occurred first.

Number of signs. One such sign shall be permitted for each business.

Permitted types. Such signs may be freestanding or wall-mounted.

Freestanding signs shall comply with the following requirements:

The area of the sign shall not exceed 50 square feet on any side.

The height of the sign shall not exceed 10 feet.

The sign shall be located at least 10 feet from any front lot line, and shall also be located so as to not obstruct access, reasonable sight lines at intersections for vehicle operators or pedestrians, or the view of other signs on the same property or adjacent property or public street and so as not to create any other unsafe condition, all as determined by the Zoning Officer.

Freestanding signs shall not include any signs of the type prohibited by § 166-141M.

If mounted, on the building, such signs may be located on the building wall or in the storefront window area, and shall comply with the following requirements:

The area of the sign shall not exceed 50 square feet on any side.

Such signs shall not include any signs of the type prohibited by § 166-141M, except for window signs and banners.

Such signs shall be securely attached to the building, and not designed to flap or otherwise move due to wind or other forces.

Illumination. Such signs shall not be illuminated.

§ 166-142 Signs in the R-40, R-25, R-15, R-10, and R-10A Zone Districts.

[Amended 8-12-2010 by Ord. No. 22-10; 9-12-2013 by Ord. No. 17-13]

In addition to the signs permitted in all districts, the only sign permitted is one nameplate sign for each dwelling not more than one square foot in area.

§ 166-143 Signs in the RM, RM-2, RM-3, RM-4, RM-5, RM-6, RM-7, AH-1 and AH-2 Zone Districts.

[Amended 12-22-1993 by Ord. No. 36-93; 10-10-1996 by Ord. No. 15-96; 11-14-2002 by Ord. No. 25-2002; 3-11-2004 by Ord. No. 3-2004; 12-19-2005 by Ord. No. 36-2005; 8-12-2010 by Ord. No. 22-10; 6-9-2011 by Ord. No. 20-11; 8-14-2014 by Ord. No. 36-14; 12-14-2017 by Ord. No. 26-2017; 3-12-2020 by Ord. No. 8-2020; 2-11-2021 by Ord. No. 4-2021; 4-14-2022 by Ord. No. 11-2022]

In the RM, RM-2, RM-3, RM-4, RM-5, RM-6, RM-7, AH-1 and AH-2 Zone Districts, each multifamily or townhouse development shall be entitled to one freestanding sign at each vehicular entrance to the development, provided that such signs comply with the following requirements; provided, further, that if the RM or RM-2 Zone is developed for residential use other than multifamily housing, the provisions of § 166-142 shall apply.

The area of each sign shall not exceed eight square feet.

The height of each sign shall not exceed six feet.

All such signs shall be set back at least 10 feet from any street right-of-way.

Said sign shall be an identification sign only, limited to the name of the development or project on site.

The design and location of all such signs shall be subject to the review and approval of the Planning Board.

In the case of multifamily or townhouse developments having multiple buildings, each development shall be permitted to have a directory sign or signs. Such signs shall be designed to direct visitors to the various buildings in the development, and shall comply with the following, in addition to all other applicable requirements of this chapter:

The area of each sign shall not exceed four square feet.

The height of each sign shall not exceed five feet.

All such signs shall be set back at least 10 feet from any street right-of-way.

The design and location of all such signs shall be subject to the review and approval of the Planning Board.

In the case of multifamily or townhouse developments having multiple buildings, each building shall be permitted to have one sign on each building. Such signs shall be designed to identify the various buildings for visitors, mail delivery and emergency response personnel, and shall comply with the following, in addition to all other applicable requirements of this chapter:

The area, size and location of each sign shall be as required by the various emergency service agencies.

In the case of a community center, clubhouse or similar building designed to serve residents and guests of the development, the sign area shall not exceed four square feet and shall be mounted on the building.

§ 166-144 Signs in the B, B-10, B-10W, D-S, and WC Zone Districts and signs for retail development in the I-B3 and OB-DS Zone Districts.

[Amended 12-14-2017 by Ord. No. 26-2017; 10-10-2019 by Ord. No. 38-19; 12-19-2022 by Ord. No. 34-2022; 4-13-2023 by Ord. No. 10-2023]

General regulations.

Except as may be specifically permitted by this chapter or by other applicable law, no sign shall be permitted which is not an accessory use to the principal use conducted on the same property.

Principal identification signs. For purposes of these regulations, the term "principal identification sign" refers to any sign that is designed, intended or functions to identify a development, use, product, service, event or activity, when viewed from the street right-of-way or other location not on the same property as the sign.

Secondary signs. For purposes of these regulations, the term "secondary sign" refers to any sign that is not a principal identification sign.

Signs for retail sales and retail service uses. Signs for retail sales and retail service uses, as defined by this chapter, shall comply with the following requirements:

Principal identification signs. Principal identification signs, as defined in Subsection A(2) above, for retail sales and retail service uses shall be subject to the following requirements:

Permitted types. Principal identification signs may be attached to the building or freestanding, subject to the following requirements:

Attached signs are permitted for all developments.

A principal identification sign may be freestanding only if both Subsection B(1)(a)[2][a] and [b] are complied with, or if Subsection B(1)(a)[2][a][c] is complied with:

[Amended 10-12-2023 by Ord. No. 31-2023]

Unless specifically permitted otherwise, the lot or lots containing the development identified by the sign(s) must have at least 200 feet of frontage upon a public street, the freestanding sign(s) must be located in the front yard abutting said street and the sign(s) must be oriented to be viewed primarily by travelers on said street; and

The sign must be accessory to a development or developments containing at least 25,000 square feet of gross floor area devoted to retail sales and retail service uses.

The sign is accessory to a gasoline station or permitted drive-in use.

Content. In order to ensure the readability of signs, to avoid visual clutter and unnecessary distractions, and in order and to promote attractive sign designs, the content of principal identification signs shall be limited to information identifying the name of the business establishment(s) and/or the name of the overall development on the property, as in a shopping center, and/or the logo, trademark or other identifying symbol of said establishment(s) and/or development, and/or the street address of the property. Except as specifically permitted otherwise, sign content including but not limited to telephone numbers, email addresses, products and/or services which are not part of the name or logo of the individual establishment(s) or the overall development shall be prohibited.

Attached principal identification signs. Attached principal identification signs shall be subject to the following requirements:

Maximum quantity of attached signs. For each establishment, the quantity of attached signs shall be subject to the following requirements:

One attached principal identification sign, or two such signs if one of the signs is an official logo of the establishment and the other sign contains other permitted content, shall be permitted on each exterior wall of the establishment that faces a main driveway. For purposes of administering this provision, a "main driveway" shall be defined as a driveway that provides direct access between a public street and the parking area(s) for patrons of the establishment to which the sign is accessory. A main driveway may be internal to the site and serve the main parking area, but this shall not be construed to mean that every access aisle in a parking area is a main driveway; generally, there is only one main driveway on any side of a building. See example, below.

In the event that an exterior wall of the establishment faces both a public street and a main driveway, one principal identification sign, or two such signs if one of the signs is an official logo of the establishment, shall be permitted on said wall.

[d]

In the event that no exterior walls of the establishment face a public street or main driveway, or the exterior wall containing the main entrance for patrons of the establishment does not face a public street or main driveway, e.g., an establishment located within an interior area of a shopping mall, one principal identification sign, or two such signs if one of the signs is an official logo of the establishment, shall be permitted, which sign shall be located upon an exterior wall containing the main entrance or main shared entrance, as applicable, for patrons of the establishment.

[e]

For purposes of administering the foregoing provisions, a wall shall be considered to face a public street or main driveway when the wall is oriented towards and prominently visible to travelers upon such street or driveway and when a sign placed upon the wall is easily readable to such travelers. Walls and/or signs which are obscured from the view of streets or driveways by vegetation, buildings or other obstructions or which are located too far from the street or driveway for the signs on the wall to be readable shall not be considered to face such streets or driveways.

[f]

In no case shall a business establishment be permitted more than three attached principal identification signs, i.e., one sign on each of the three walls, or more than six such signs if three of the signs are an official logo of the establishment, i.e., two signs on each of three walls, with one of the two signs on each wall being an official logo of the establishment.

Attached sign location. Attached principal identification signs shall be located on a wall, canopy, marquee, awning, door or window which is part of that portion of the building used and occupied by the business establishment. If a business establishment that does not have an exterior wall, canopy, marquee, awning, door or window visible from outside the building, and/or shares one or more of such elements in common with other establishments, then the principal identification signs shall be located on or adjacent to such shared elements.

Maximum horizontal dimension of attached principal signs. The horizontal dimension of attached principal identification signs shall be limited to a proportion of the horizontal dimension of that portion of the wall upon which the sign is located and which encloses the space occupied by the business, or which is shared in common by multiple businesses as set forth in Subsection B(1)(c)[2] above. If the sign is located upon a canopy, marquee, awning, door or window, the horizontal dimension of the wall upon or in which such element is located shall be used to determine the maximum sign dimension. If more than one such sign is located on the wall or element, the maximum horizontal dimension shall apply to the rectangle enclosing all of the signs. The maximum proportion of the sign dimension to the wall dimension shall be as follows:

On walls having a horizontal dimension of up to 10 feet: eight feet, but not to exceed the horizontal dimension of the wall.

On walls having a horizontal dimension greater than 10 feet but not greater than 40 feet: eight feet, plus 0.4 foot for each foot of horizontal dimension of the wall greater than 10 feet.

On walls having a horizontal dimension greater than 40 feet: 50% of the horizontal dimension of the wall, or 50 feet, whichever is less.

Maximum area of attached principal identification signs. The maximum permitted area of attached principal identification signs shall vary based upon the quantity of such signs and their orientation to public streets and driveways, as follows:

Signs on walls which face public streets. For up to two walls that face a public street upon which property has frontage, the maximum cumulative area of all principal identification signs for each business establishment shall not exceed 1.25 square feet for each linear foot of horizontal dimension of the exterior wall which encloses the space occupied by the business, or which is shared in common by multiple businesses as set forth in Subsection B(1)(c)[2] above, but not to exceed 400 square feet. See examples, below:

For purposes of administering the foregoing provision, a sign shall be considered to face a public street when such sign is oriented towards and prominently visible and readable to travelers upon such street. Signs which are obscured from the view of streets by vegetation, buildings or other obstructions or which are located too far from the street or driveway to be readable shall not be considered to face such streets.

Other signs. For signs other than the signs regulated by Subsection B(1)(c)[4][a] above, the maximum cumulative area of all principal identification signs for each business establishment shall not exceed 0.75 square feet for each linear foot of horizontal dimension of the exterior wall which encloses the space occupied by the business, or which is shared in common by multiple businesses as set forth in Subsection B(1)(c)[2] above, but in no case greater than 240 square feet. See examples, below:

Maximum height of attached signs. Attached principal identification signs shall not exceed the height of the ground floor of the wall upon which the sign is attached. Such signs may be located on a parapet or similar structure that is a vertical extension of the ground floor wall. Attached signs shall not be located on the roof and shall not project beyond the top of the wall or parapet upon which the sign is placed.

Maximum projection of attached signs. Principal identification signs shall not extend further than 12 inches from the face of the wall, canopy, marquee, awning, window or door upon which they are mounted.

[7]

Design theme for multiuse developments. In the case of buildings or developments used by or designed for use by more than one business establishment, all attached principal signs on the building and in the development shall express a single compatible design theme. The design theme shall be specified by the applicant at the time of the site plan approval for the development or, in the case of existing developments for which site plan approval is not required, by the applicant for a sign permit. The design theme for attached signs shall have at least two of the following elements to be the same or substantially the same, subject to the approval of the reviewing agency:

Sign type (e.g., box sign, board/panel sign, pin-mounted/channel sign letters, etc.).

Sign illumination (e.g., internal illumination, external gooseneck fixture illumination, etc.).

Sign location on the wall, canopy, awning, etc., and height above the finished ground elevation below the sign.

[d]

Vertical sign dimensions.

Freestanding signs. Freestanding principal identification signs, when permitted, shall be subject to the following requirements:

Maximum quantity of freestanding signs.

One freestanding sign shall be permitted for each driveway that provides public access to the property from a public street, up to a maximum of three signs for each street upon which the property has frontage, but in no case more than four signs for the entire lot or tract, and subject to the spacing requirements in Subsection B(1)(d)[6] below. The quantity of signs that are oriented to be viewed from a particular street shall not exceed the number of driveways that provide public access from that street.

Notwithstanding the foregoing, designed shopping centers in the OB-DS Zone District shall be permitted up to two freestanding signs identifying the center from Route 10, up to two freestanding signs identifying the center from Route 287, and up to two on-site freestanding signs identifying the center from streets other than Routes 10 and 287, all subject to the spacing requirements in Subsection B(1)(d)[6] below.

Shared freestanding signs.

Freestanding signs shall be permitted to identify and advertise uses located on more than one lot if both of the following criteria are satisfied:

The freestanding sign shall be accessory to and located on the same lot as at least one of the uses identified or advertised on the sign.

[ii]

All of the uses identified or advertised on the sign shall be located on the same lot as the sign or on a lot adjacent to the lot containing the sign.

Such freestanding signs shall be subject to the same regulations as other freestanding principal identification signs permitted by this section. The authorization for such signs shall not be construed to permit a greater number of freestanding signs than would otherwise be permitted. The maximum permitted area of such signs shall be based upon the floor area of all of the uses identified on the sign, provided that this shall not be construed to increase the sign area above the maximum area permitted for freestanding signs by this section.

Maximum area of freestanding signs. The maximum permitted area of freestanding signs shall vary, based upon the quantity of signs, as follows:

The area of one freestanding principal identification sign per street, but not more than two such signs for properties with multiple street frontages, shall not exceed 50 square feet, plus 1.5 square feet for each 1,000 square feet of gross floor area greater than 25,000 square feet of the development identified by the sign, or 250 square feet, whichever is less.

The area of any freestanding principal identification signs other than those regulated in Subsection B(1)(d)[3][a] above shall not exceed 30 square feet, plus 0.9 square feet for each 1,000 square feet of gross floor area greater than 25,000 square feet of the development identified by the sign, or 150 square feet, whichever is less.

If the freestanding sign(s) identify more than one business establishment, the cumulative area of all of individual sign panels that comprise the freestanding sign(s) shall comply with the maximum areas permitted by Subsection B(1)(d)[3][a] or [3][b] above, as applicable.

Maximum height of freestanding signs. The maximum permitted height of freestanding signs shall vary, based upon the quantity of signs, as follows:

The height of one freestanding principal identification sign per street, but not more than two such signs for properties with multiple street frontages, shall not exceed 20 feet; provided, however, in the OB-DS Zone District the height of freestanding signs permitted to be located along Route 287 and along Route 10 for designed shopping centers shall not exceed 30 feet.

The foregoing height shall be permitted for one sign per street, up to a maximum of two such signs for the development.

The height of any freestanding principal identification signs other than those regulated in Subsection B(1)(d)[4][a] above shall not exceed 10 feet.

Minimum setback of freestanding signs from streets. Freestanding principal identification signs shall be located at least 15 feet from any public street right-of-way; provided, however, that in those locations where the subject property has frontage on a street that has a center barrier or other control that limits access to the property by vehicles traveling in only one direction, such signs shall be located no closer to the street right-of-way than a straight line which connects the following two points:

Fifteen feet from the street right-of-way at the point of intersection of the front lot line and the side lot line that is closest to the direction of travel on the same side of the street as the property upon which the sign is located.

Thirty feet from the street right-of-way at the point of intersection of the front lot line and the side lot line that is farthest from the direction of travel on the same side of the street as the property upon which the sign is located.

The minimum setback line for such situations is illustrated below:

Minimum distance between freestanding signs. When more than one freestanding principal identification sign is provided on a property and/or tract, such signs shall be separated by a distance of at least 200 feet, measured horizontally between the closest points of the signs. In addition, when more than two freestanding principal identification signs which are accessory to the uses on a property and/or tract are oriented to be viewed from a particular street, as permitted by Subsection B(1)(d)[1][a], at least two of the signs shall be separated by a distance of at least 500 feet.

Secondary signs. Secondary signs, as defined in Subsection A(3) above, for retail sales and retail service uses shall be subject to the following requirements:

Accessory use signs for larger establishments. In addition to the attached principal identification signs permitted by Subsection B(1) above, individual retail sales and retail service establishments containing a gross floor area of at least 25,000 square feet shall be permitted attached signs for secondary uses to the principal use. Such signs shall be limited to signs identifying uses which are an accessory component of the primary retail business, such as but not limited to a pharmacy, garden center or eating establishment accessory to a supermarket or "big box" retail establishment, or other use similarly accessory to the primary retail business, and shall be subject to the following requirements:

One secondary sign for each accessory use to the establishment shall be permitted on each building wall of the business that faces a public street, main driveway as defined by Subsection B(1)(c) above, or parking area for patrons of the establishment, provided that there shall be no more than a total of three such signs for all accessory uses on any wall for the establishment nor more than a total of four secondary signs for all walls of the establishment.

The area of each such secondary sign shall not exceed 2% of the area of the ground floor wall of the business establishment upon which it is placed, or 100 square feet, whichever is less.

Window signs. Window signs shall be permitted, subject to the following regulations:

The total area of all window signs shall not exceed 25% of the main front window area, or one square foot for each linear foot of building frontage occupied by the establishment using the sign, whichever is less. The maximum area permitted for window signs shall be calculated separately from the area for other permitted signs.

Window signs shall be located only in the main front window.

Window signs shall not be illuminated.

Directory signs, loading bay signs. Directory signs and loading bay signs for developments containing multiple business establishments shall be permitted, subject to the requirements for such signs in § 166-147.

Other signs permitted by § 166-141 shall be subject to the regulations in § 166-141.

Drive-through signs. When drive-through uses are permitted, secondary signs for the convenience of drive-through patrons shall be permitted, subject to the following requirements:

Maximum quantity of drive-through signs. The quantity of permitted drive-through signs shall be only as determined to be necessary for the operation of the drive-through use, as regulated below.

Type. Drive-through signs may be attached to the building or may be freestanding.

Location and orientation. Drive-through signs shall be located adjacent to the drive-through lane(s) and oriented to be viewed primarily by drive-through patrons. Such signs shall not oriented or be used to advertise goods or services to non-drive-through patrons or the general public.

Preview signs. Preview signs are signs that highlight or summarize the goods or services identified in more detail on the menu board sign, and are regulated as follows:

Up to one preview sign for each drive-through lane shall be permitted.

The area of preview signs shall not exceed 20 square feet.

The height of preview signs shall not exceed six feet.

Menu board signs. Menu board signs are signs that detail the products and services that may be ordered from the drive-through lane(s), and are regulated as follows:

Up to one menu board sign for each drive-through lane shall be permitted.

The area of menu board signs shall not exceed 30 square feet.

The height of menu board signs shall not exceed six feet.

Order station signs. Order station signs are signs used for the placement of orders from a drive-through lane, and typically involve a visual display of the order being taken, and may include a microphone and/or speaker for communication between the patron and the establishment. Order station signs are regulated as follows:

Up to one order station sign for each drive-through lane shall be permitted.

The area of order station signs shall not exceed 10 square feet.

The height of order station signs shall not exceed six feet.

Drive-through directional signs. Drive-through directional signs are signs used to guide or instruct patrons of the drive-through operation, and include signs directing patrons to the drive-through lanes and order locations, vehicle clearance heights, and other similar functions. Such signs shall be subject to the regulations in § 166-141E.

Signs for nonresidential uses other than retail sales and retail service uses. Signs for nonresidential uses other than retail sales and retail service uses shall be as permitted for such uses in § 166-147 and shall be subject to the regulations for such signs in § 166-147, except as provided otherwise below:

A principal identification sign for such uses may be freestanding only if all of the following conditions are complied with:

The lot must have at least 200 feet of frontage upon a public street, and the freestanding sign must be oriented to be viewed primarily by travelers on said street; and

The sign must be accessory to a development on the property containing at least 25,000 square feet of gross floor area.

Freestanding principal identification signs for such uses shall be subject to the same setback requirements that apply to freestanding principal identification signs for retail sales and retail service establishments in this section.

Signs for developments containing a mixture of retail sales and retail service uses and other uses. In the case of developments that contain both retail uses and other nonresidential uses, the signs for the retail uses shall be subject to the requirements of Subsection B of this section, and the signs for the other nonresidential uses shall be subject to the requirements of Subsection C of this section. In the event that the requirements of Subsection B and Subsection C conflict with each other when applied to such developments, the more restrictive requirement shall apply.

§ 166-145 Signs in the D-S Zone District.

[Amended 12-14-2017 by Ord. No. 26-2017; 10-10-2019 by Ord. No. 38-19]

Signs in the D-S Zone District shall be subject to the provisions of § 166-144.

§ 166-145.1 Signs in I-B3 Zone District.

[Added 8-12-2010 by Ord. No. 22-10; amended 8-14-2014 by Ord. No. 36-14; 12-14-2017 by Ord. No. 26-2017; 10-10-2019 by Ord. No. 38-19]

Signs for retail sales, banks, personal services, rental and leasing establishments, eating and drinking establishments shall be subject to the provisions of § 166-144.

Signs for uses other than permitted retail sales, banks, personal services, rental and leasing establishments, eating and drinking establishments shall comply with the regulations for signs in the office and industrial zone districts pursuant to § 166-147A through E.

All other applicable sign requirements of Article XX shall be complied with unless specifically superseded by the requirements of this section.

§ 166-146 Sign regulations for gasoline stations.

[Amended 5-12-2016 by Ord. No. 15-16; 4-13-2023 by Ord. No. 10-2023]

Notwithstanding any other provisions of this chapter, gasoline stations, where permitted, may display only the following signs, which are deemed customary and necessary to their respective business:

One freestanding sign advertising the name of the station, and/or the brand name, and/or the logo of the gasoline sold. Such sign shall be subject to the following requirements:

The area of the sign shall not exceed 40 square feet.

The height of the sign shall not exceed 20 feet.

The sign shall not reduce or interfere with the appropriate sight lines at the intersections of roadways, driveways and other vehicular travel areas, as determined by the Township Engineer based upon the particular conditions of the site and adjacent roadways.

The sign shall be set back from the front lot line in the same manner as required for other freestanding signs in the zone district.

One sign mounted on the wall of the station building, or on a canopy over the fuel pumps, identifying the name of the station and/or the brand name and/or the logo of the gasoline sold. Such sign shall be subject to the same regulations as building-mounted signs for retail business establishments in the same zone district as the gasoline station. Notwithstanding the foregoing, gasoline stations located upon property that has frontage upon more than one street may have one building or canopy sign for each street, provided that not more than one sign shall be permitted to be oriented to each street.

Miscellaneous ancillary informational signs, including but not limited to signs located on gasoline pumps, lead warning signs, emergency shut-off signs, no smoking signs, and any other sign required by law, all as determined to be reasonably necessary by the Board. The intent in permitting such signs shall be to provide information to employees and patrons, and not to advertise the gas station to passing roadway traffic.

Commercially manufactured signs advertising the price of fuel only shall be permitted to be attached to the permitted freestanding sign as regulated in Subsection A as stated above; provided, however, that said price signs meet the following required conditions:

The total area of such signs shall not exceed 60 square feet in area.

All requirements applicable to freestanding signs in Subsection A above shall be complied with.

In the event that a gasoline station is located on the same property or is part of the same development as other uses, the sign regulations shall be as follows:

If the signs for the gasoline station are separate and distinct from the signs for the other use(s), the regulations of this section shall apply only to the gasoline station signs, and the sign regulations otherwise applicable to the other use(s) shall apply to such other use(s); provided, however, that in the case of signs for other uses permitted to be located on the freestanding sign for the gasoline station by § 166-144B(1)(a)[2][b], the following shall apply:

One sign for each of the other uses shall be permitted on the freestanding sign.

The maximum cumulative area of all such signs for the other uses shall be 30 square feet.

The same maximum height and minimum setback requirements applicable to the freestanding gasoline station sign shall also apply to the signs for other uses attached to the gasoline station sign.

If the signs for the gasoline station and the other use(s) are shared and not separate or distinct, as in the case of a gasoline station and convenience store operating under the same brand name, the regulations of this section shall apply to all of the shared signs.

§ 166-147 O-S, OB-RL, OB-DS, I, I-2, I-B2, I-P, IP-2, I-4, I-5, and I-7 Zone Districts.

[Amended 12-22-1993 by Ord. No. 36-93; 6-8-1995 by Ord. No. 16-95; 10-26-2000 by Ord. No. 14-2000; 12-13-2012 by Ord. No. 23-12; 8-14-2014 by Ord. No. 36-14; 12-14-2017 by Ord. No. 26-2017; 9-13-2018 by Ord. No. 20-2018; 6-13-2019 by Ord. No. 24-19; 10-10-2019 by Ord. No. 38-19; 3-14-2024 by Ord. No. 4-2024]

Except as specifically permitted in this chapter, no sign shall be permitted which is not accessory to the use conducted on the property.

Principal identification signs. Principal identification signs are signs identifying the name of the business establishment or development on the property, and/or the nature, logo, trademark, or other identifying symbol of said establishment or development, and/or the street address of the property, as permitted and regulated herein. Such signs shall be required to obtain site plan approval or, in the circumstances described in § 166-58D and E, site plan exemption, and shall be subject to the following requirements:

Maximum quantity.

Properties with less than 100,000 square feet of gross floor area: One building-mounted principal sign shall be permitted for each business establishment in a building. In addition, one freestanding sign shall be permitted for each lot if the requirement of Subsection B(2) below is complied with.

Properties with at least 100,000 square feet of gross floor area:

Two wall signs for each wall facing a public street, on up to two walls (maximum four total wall signs), plus one wall sign indicating the street address of the property, shall be permitted.

One freestanding sign for each driveway providing access to a public street, but not more than two freestanding signs, shall be permitted. Such signs are not required to be located at the driveway entrance.

Permitted types. Principal identification signs may be attached to the wall, permanent canopy, or marquee constructed as an integral part of the building. A principal identification sign may be freestanding only if the subject property has at least 100 feet of frontage on a public street. Freestanding principal signs shall obtain site plan approval or site plan exemption in accordance with the procedures in Article IX of this chapter.

Content. The content of principal signs shall be limited to information identifying the name of the overall development, the individual business establishment(s) on the property, and/or the nature, logo, trademark, or other identifying symbol of said development or establishment(s), and/or the street address(es) of the property.

Maximum area.

The area of principal identification signs mounted on the building wall shall not exceed 5% of the area of the exterior wall upon which they are mounted or 75 square feet, whichever is less. For purposes of administering this requirement, the area of the wall shall be limited to that which encloses the space occupied by the business and shall include all portions of the building elevation located between the ground and the roof soffit or top of the parapet, as applicable, including doors, windows and any projecting or recessed elements.

The area of freestanding principal identification signs shall not exceed 100 square feet.

Maximum height.

The height of principal identification signs mounted on the building wall, canopy or marquee shall not exceed the height of the wall, canopy or marquee upon which the sign is mounted.

The height of freestanding principal identification signs shall not exceed 12 feet.

Maximum dimensions.

For building-mounted principal identification signs, the vertical dimension shall not exceed three feet. The horizontal dimension shall not exceed 50% of the horizontal dimension of the building wall upon which the sign is mounted or 25 feet, whichever is less. For purposes of administering this requirement, the building wall shall be limited to that portion of the wall which encloses the space occupied by the business, and the horizontal dimension of the wall shall include all portions of the building elevation, including projecting or recessed elements.

For freestanding principal identification signs, the vertical dimension shall not exceed 12 feet.

Minimum setback. Freestanding principal identification signs shall be located at least 10 feet from any front lot line. Such signs shall not obstruct sight lines needed for reasonable safety for vehicles or pedestrians at intersections of streets, driveways and walkways.

Maximum projection. Building-mounted principal identification signs shall be mounted parallel to the face of the wall, canopy or marquee to which they are attached, and shall not extend further than 12 inches from the face of such wall, canopy or marquee.

Directory signs. Directory signs are signs listing the businesses within a building or group of buildings. Directory signs are permitted only when a building or buildings are occupied by multiple business establishments, in addition to the permitted principal identification sign for the property, and are subject to the following requirements:

Maximum quantity. One directory sign shall be permitted; provided, however, that the reviewing agency may permit additional signs without the need for a variance if the applicant demonstrates that additional signs are necessary to provide adequate identification of site businesses.

Permitted type. Directory signs may be attached to the wall of the building or may be freestanding.

Maximum area. The area of directory signs shall not exceed 30 square feet.

Maximum height. The height of directory signs shall not exceed eight feet.

Maximum dimensions. The vertical dimension of individual tenant signs on the directory sign shall not exceed six inches. The horizontal dimension of individual tenant signs on the directory sign shall not exceed four feet. The overall dimensions of the directory sign shall be as approved by the reviewing agency, taking into account the number and arrangement of tenant signs.

Minimum setback from front lot line. The minimum setback of directory signs from the front lot line or any road widening easement along the front line shall be 40 feet.

Maximum projection. Building-mounted directory signs shall be mounted parallel to the face of the wall, canopy or marquee to which they are attached, and shall not extend further than 12 inches from the face of such wall, canopy or marquee.

Tenant entrance signs on multiple business sites. When multiple buildings are developed on a site or when a building is occupied by multiple businesses, signs identifying the building entrances for each business shall be permitted in addition to the permitted principal identification signs for the property and businesses, subject to the following requirements:

Maximum quantity. One sign shall be permitted for each entrance.

Permitted type and location. Such signs shall be mounted on the building wall, in close proximity to the entrance, or on a canopy above the entrance.

Maximum area. The area of such signs shall not exceed 10 square feet.

Maximum dimensions. The vertical dimension shall not exceed two feet. The horizontal dimension shall not exceed eight feet.

Design. The design of such signs shall be as approved by the reviewing agency, considering the design of the building and the location of the signs.

Loading bay signs on multiple business sites. When multiple buildings are developed on a site or when a building is occupied by multiple businesses, signs identifying the loading bays for each business shall be permitted in addition to the permitted principal identification sign for the property, subject to the following requirements:

Maximum quantity. One sign shall be permitted for each loading bay.

Permitted type and location. Such signs shall be mounted on the building wall, in close proximity to the loading bay, or on a canopy above the loading bay.

Maximum area. The area of each sign shall not exceed six square feet.

Sign dimensions. The dimensions of each sign shall be as approved by the reviewing agency, taking into account the nature, location and design of the signs.

Design. The design of such signs shall be as approved by the reviewing agency, taking into account the design of the building and the location of the signs.

Designed shopping centers in the OB-DS Zone District shall comply with the sign regulations in § 166-144.

In the I-B2 and O-S Zone District, signs for retail sales and retail service uses shall be subject to the requirements of § 166-144.

§ 166-148 (Reserved) [1]

Editor's Note: Former § 166-148, Signs in the PUD Zone District, was repealed 12-22-1993 by Ord. No. 36-93.

§ 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.

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:

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]

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:

(Reserved)

(Reserved)

Route 10 and North or South Jefferson Road.

Route 10 and Whippany Road.

Route 10 and Troy Hills Road.

Route 10 and Algonquin Parkway.

Parsippany Road and Whippany Road.

Hanover Avenue and Ridgedale Avenue.

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.

Gasoline station only: 40,000 square feet, or as required by the zone district, whichever is greater.

Gasoline station and convenience store or automated car wash, when permitted: 50,000 square feet.

Gasoline station and motor vehicle repair or maintenance establishment, other than automated car wash, when permitted: 60,000 square feet.

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.

(Reserved)

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.

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.

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.

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.

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.

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.

Outdoor display of products for sale shall be prohibited.

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.

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:

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.

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.

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.

The color, materials and design of the antennas and related structures shall blend with the surrounding environment, as determined by the Planning Board.

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.

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.

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:

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.

There shall be a minimum floor area of 1,500 square feet for each establishment.

No sound from any amusement device or jukebox shall be discernible from any adjacent premises.

(Reserved)[1]

Editor’s Note: Former Subsection E, Hotels, was repealed 12-14-2017 by Ord. No. 26-2017.

(Reserved)[2]

Editor’s Note: Former Subsection F, Motels, was repealed 12-14-2017 by Ord. No. 26-2017.

(Reserved)

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:

There shall be a minimum tract area of 29 acres located within the D-S District; said area may be contiguous or noncontiguous.

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.

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:

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.

The density shall not exceed 10.5 units per acre of the tract located within the D-S District.

The units shall be restricted to persons at least 62 years of age.

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).

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.

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.

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.

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.

(Reserved)[3]

Editor’s Note: Former Subsection J, regarding convenience stores, was repealed 12-14-2017 by Ord. No. 26-2017.

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]

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.

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.

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.

Automated car wash: 40,000 square feet, or as required by the zone district, whichever is greater.

Motor vehicle repair or maintenance establishment with automated car wash: 60,000 square feet.

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.

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.

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.

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.

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.

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.

There shall be no outdoor display of products for sale.

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.

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.

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.

§ 166-151 Continuance of nonconforming uses or structures.

Any lawful nonconforming use which existed at the time of the passage of this chapter may be continued, and any existing building designed, arranged, intended or devoted to a nonconforming use may be reconstructed or structurally altered, subject to the following regulations:

The structural alterations made in such buildings shall in no case exceed 10% of the true value of the buildings, nor shall the building be enlarged, unless the use therein is changed to a conforming use; provided, however, that where a building meets the use requirements of this chapter and is nonconforming because of height and area regulations, structural alterations made in such buildings may exceed 50% of the true value, provided that the height and area requirements are not further violated.

No nonconforming use shall be extended at the expense of a conforming use.

A nonconforming use changed to a conforming use may not be changed back to a nonconforming use.

In the event that there is a cessation of operation of any nonconforming use for a period of 12 consecutive calendar months, the same shall be presumed to be an abandonment of such nonconforming use. Any subsequent exercise of such abandoned nonconforming use shall be deemed a violation of the terms of this chapter. This shall not apply to a nonconforming use because of height and area violations.

A structure or use of land which is nonconforming as to use shall not be enlarged or extended in any manner whatsoever. A building or use of land which is nonconforming in a manner other than use may be extended, provided that the nonconformance is not further increased.

Nothing in this chapter shall require any change in the plans, construction or designated use of a structure for which a building permit has been heretofore issued when construction has been diligently prosecuted within six months of the date of such permit.

Nothing in this chapter shall be interpreted as authorization for or approval of the continuance of the use of a structure or premises in violation of zoning regulations in effect at the time of the effective date of this chapter.

The prospective purchaser, prospective mortgagee or any other person interested in any land upon which a nonconforming use or structure exists may apply in writing for the issuance of a certificate certifying that the use or structure existed before the adoption of the ordinance which rendered the use or structure nonconforming. The applicant shall have the burden of proof. Application pursuant hereto may be made to the Zoning Officer within one year of the adoption of the ordinance which rendered the use or structure nonconforming or at any time to the Board of Adjustment. The Zoning Officer shall be entitled to demand and receive for such certificate issued a reasonable fee not in excess of those provided in N.J.S.A. 54:5-14 and 54:5-15. The fees collected by the official shall be paid to the Township. Denial by the Zoning Officer shall be appealable to the Board of Adjustment. Sections 59 through 62 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-72 through 40:55D-75), shall apply to applications or appeals to the Board of Adjustment.

[Added 7-9-1987 by Ord. No. 22-87; amended 5-8-2014 by Ord. No. 17-14]

§ 166-152 Restoration of existing buildings.

Any nonconforming building existing at the time of the passage of this chapter may be restored or repaired in the event of partial destruction thereof by fire, explosion, act of God or act of a public enemy, but any building which is substantially destroyed in the manner aforesaid may be reconstructed and thereafter used only in such a manner as to conform to all the provisions of this chapter or pursuant to such variances as may be granted by the Board of Adjustment. When the Zoning Officer has denied a permit for the restoration of any such building pursuant to this chapter, he shall forthwith refer the application to the Board of Adjustment. In determining whether or not destruction has been partial, the Board of Adjustment shall be guided by the specific facts and circumstances of the application being considered, giving due regard to, but without being limited to, the following factors:

Nature of the nonconforming use.

Nature and number of structures destroyed or damaged.

Nature and extent of structural damage.

Extent of area of damage to the building.

Nature and extent of repairs necessary to restore building.

Extent to which remaining portions of the building are useable for reconstruction.

Such other considerations as may be formulated by statute and judicial decision.

When setting forth its conclusions under this section, the Board shall make specific factual findings upon which its decision is based. Nothing in this section shall prevent the restoration of a wall declared unsafe by the Zoning Officer.

§ 166-153 General provisions.

[Amended 7-9-1987 by Ord. No. 22-87; 8-11-1988 by Ord. No. 19-88; 5-11-1989 by Ord. No. 7-89; 6-8-1995 by Ord. No. 16-95; 12-13-2001 by Ord. No. 18-2001; 12-22-2003 by Ord. No. 26-2003; Amended 3-11-2004 by Ord. No. 3-2004; 2-26-2009 by Ord. No. 5-09; 8-12-2010 by Ord. No. 22-10; 9-8-2011 by Ord. No. 25-11; 12-13-2012 by Ord. No. 23-12; 4-11-2013 by Ord. No. 13-13; 2-23-2017 by Ord. No. 2-17; 12-14-2017 by Ord. No. 26-2017; 10-11-2018 by Ord. No. 22-2018; 6-13-2019 by Ord. No. 24-19; 12-19-2022 by Ord. No. 35-2022; 4-13-2023 by Ord. No. 10-2023; 12-12-2024 by Ord. No. 31-2024]

All parking areas for multifamily residential and nonresidential uses shall meet all of the following requirements, unless the same are superseded by the New Jersey Residential Site Improvement Standards, N.J.A.C. 5:21-1.1 et seq., or in the case of the multifamily residential zone districts, unless the zone district regulations conflict with the following requirements, in which case the zone district regulations shall apply:

All off-street parking areas shall be surfaced in accordance with the requirements of § 166-104.

Provisions shall be made for adequate drainage facilities for all parking, loading and storage areas in accordance with the requirements of §§ 166-104 and 166-104.1.

Each parking space shall be indicated on the paved area with hairpin striping as required by § 166-104; and

Adequate lighting of all parking and loading areas shall be provided as required by § 166-104.

Each entrance to and exit from such parking lot shall be at least 50 feet distant from any adjacent property located in any residence zone, unless the requirements of § 166-125 or 166-207.6I, as applicable, impose a more stringent requirement.

Off-street parking facilities as required by this article shall be provided on the same lot as the principal building, except when specifically permitted otherwise by this chapter.

All off-street parking and loading areas shall be located and designed to mitigate detrimental impacts upon single-family residential zone districts, as follows:

Parking and loading areas shall be effectively screened on any side which adjoins or faces premises situated in any residential zone in accordance with the buffer requirements of § 166-125.

Parking decks shall be designed to mitigate the negative effects of deck illumination, vehicle headlights, and sound upon nearby single-family or multifamily residential zone districts, as determined by the reviewing agency as part of any site plan application process. Such mitigation may include, but may not be limited to, screening of illumination of headlights and light fixtures on the top level and lower levels of such decks, installation of louvers in openings between deck levels, and location and orientation of openings for vehicular ingress to and egress from the deck.

Parking areas shall be enclosed by curbs as required by § 166-104.

Sidewalks shall be constructed on the site to adequately serve pedestrian traffic as required by the Planning Board, provided that walks shall not be required for vehicle storage areas not receiving frequent pedestrian traffic.

All portions of the property not used for off-street parking shall be attractively landscaped with grass lawns, trees and shrubs as approved by the Planning Board.

Off-street parking facilities may be placed in any yard in the B, B-10, B-10W, O-S, OB-RL, I-B2, I-P, I and I-2 Zones, subject to the following conditions:

Front yards.

No part of any parking area in the front yard of any OB-RL, I, I-2, I-B2 or I-P Zone shall be closer to the front street right-of-way line than a distance that is not less than the required front yard setback requirement for the zone in which it is located; provided, however, that any site plan in any OB-RL, I, or I-P Zone approved by the Township Planning Board prior to December 30, 1982, which indicates off-street parking within the required front yard setback, that may be constructed in the future pursuant to Subsection L of this section, shall be treated as a legal nonconforming use, the same as if the parking area was installed, and said area, shown on the plan as possible future parking, may be installed as approved by the Planning Board if either the existing use deserves more parking or if the use changes, requiring more parking pursuant to said Subsection L. Parking areas and drives, where permitted in the front yard, shall be set back at least the following distances from the side line of the property:

Zone	Setback (feet)
I	15
I-B2	25
OB-RL	25
I-P	25

Parking areas and drives in the front yard of a lot in the B, B-10, and B-10W Zones, except for drives that provide direct access to/from to the street or streets, must be located at least the following distances from the front and side lot lines:

Zone	Front Lot Line(s) Setback (feet)	Side Lot Lines Setback (feet)
B	15	5
B-10	15	5
B-10W	20	5 (small-scale development; see Article XXXB)
B-10W	20	10 (large-scale development; see Article XXXB)

Off-street parking in the front yard of the I-B3 Zone District shall be located as follows:

Parking for retail sales, banks, personal services, rental and leasing establishments, eating and drinking establishments and conference centers shall be set back at least 75 feet from any street right-of-way line, including any road widening easement line, provided that said depth may be reduced to not less than 25 feet when a buffer consisting of plantings, berms, walls, fencing and/or topography is provided between the street right-of-way and the parking area, designed to reasonably screen the view of the parking area from the street, as determined by the reviewing board. Parking located in the front yard shall be set back at least 10 feet from other property lines; provided that where shared access and/or parking between adjacent lots is permitted, no setback shall be required as necessary to accommodate such shared access and/or parking.

Parking for uses other than retail sales, banks, personal services, rental and leasing establishments, eating and drinking establishments and conference centers shall be set back at least 75 feet from any street right-of-way line, including any road widening easement line. Parking located in the front yard shall be set back at least 10 feet from other property lines; provided that where shared access and/or parking between adjacent lots is permitted, no setback shall be required as necessary to accommodate such shared sharing access and/or parking.

Off-street parking areas in the O-S Zone District shall be located at least 25 feet from each front lot line or any road widening easement, whichever is more restrictive. Driveways and parking areas in any front yard in the O-S Zone District shall be set back at least 10 feet from the side lot lines. In case of conflict between these requirements and the buffer requirements of § 166-125, the more restrictive requirement shall apply.

Parking areas and drives in the side yards must be located at least the following distances from any property line, provided that where shared access and/or parking between adjacent lots is permitted, no setback shall be required as necessary to accommodate such shared access and/or parking:

Zone	Setback (feet)
B	5
B-10	5
B-10W	5 (small-scale development; see Article XXXB)
B-10W	10 (large-scale development; see Article XXXB)
O-S	10
I-B3	10
I	15
I-2	15
I-B2	15
I-P	25
OB-RL	25

Parking areas and drives in the rear yards must be at set back at least the following distances from any property line, provided that where shared access and/or parking between adjacent lots is permitted, no setback shall be required as necessary to accommodate such shared access and/or parking:

Zone	Setback (feet)
B	5
B-10	5
B-10W	5 (small-scale development; see Article XXXB)
B-10W	10 (large-scale development; see Article XXXB)
O-S	10
I-B2	10
I-B3	10
I	10
I-2	10
I-P	25 or one-half of the minimum side yard requirement, whichever is greater
OB-RL	25 or one-half of the minimum side yard requirement, whichever is greater

Parking areas and drives in the B, B-10 and O-S Zone Districts shall be at least 25 feet from any residential zone property line, unless the requirements of § 166-125 impose a more stringent requirement.

Parking areas and drives in the I, I-2, I-B3, OB-RL, I-P and D-S Zones shall be at least 50 feet from any residence district boundary line, unless the requirements of § 166-125 impose a more stringent requirement.

(Reserved)

Unless provided otherwise by this chapter, any parking area containing more than 15,000 square feet shall provide between every bay of parking a landscaped area extending the length of the bay and at least 10 feet wide. A bay is a service aisle with parking on one or both sides of said aisle. The requirement for a landscaped area shall not apply to vehicle storage that is located in the rear yard, but only if such storage is screened from view as required for outdoor storage by § 166-124.

In addition to all other applicable provisions of this article, off-street parking in the OB-DS Zone District shall comply with the following requirements. In case of conflict between the following requirements and any other provisions of this article, the following requirements shall supersede:

Location. Parking facilities may be placed in any yard in the OB-DS Zone but shall comply with the following minimum required setbacks from the property lines or any road widening easements, whichever is more restrictive:

Yard Location	Minimum Setback (feet)
Front	75 from Route 10, 50 from other streets
Side	25
Rear	25

Adequate lighting of all parking and loading areas shall be provided, as required and approved by the Planning Board, which shall comply with the following:

Lighting fixtures for surface parking and loading areas shall not exceed a height of 30 feet. The output of such fixtures shall not exceed 400 watts.

Exterior lighting fixtures on the top level of a parking deck shall not exceed a height of 15 feet above the pavement on the top level. The output of such fixtures shall not exceed 250 watts.

Illumination levels from site lighting shall not exceed 0.5 footcandle at any point along the property line of the premises, provided that this limitation shall not apply at the intersection of site driveways with public streets or along driveways that provide for shared access with adjacent properties.

Site lighting shall be reduced to the minimum necessary for safety and security purposes when the use served by the parking area is not in operation.

Electric vehicle supply/service equipment and make-ready parking spaces.

Purpose. The purpose of this subsection is to promote and encourage the use of electric vehicles by requiring the safe and efficient installation of electric vehicle supply/service equipment (EVSE) and make-ready parking spaces. 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:

Provide adequate and convenient EVSE and make-ready parking spaces to serve the needs of the traveling public.

Provide opportunities for residents to have safe and efficient personal EVSE located at or near their place of residence.

Provide the opportunity for nonresidential uses to supply EVSE to their customers and employees.

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.

Definitions. For the purposes of this subsection, the following definitions shall apply:

CHARGING LEVEL

The amount of voltage provided to charge an electric vehicle varies depending on the type of EVSE as follows:

Level 1 operates on a fifteen-to-twenty-amp breaker on a 120-volt AC circuit.

Level 2 operates on a forty-to-100-amp breaker on a 208- or 240-volt AC circuit.

ELECTRIC VEHICLE SUPPLY/SERVICE EQUIPMENT or EVSE

Direct-current fast charger (DCFC) operates on a sixty-amp-or-higher breaker on a 480-volt-or-higher three-phase circuit with special grounding equipment. DCFC stations can also be referred to as rapid charging stations that are typically characterized by industrial-grade electrical outlets that allow for faster recharging of electric vehicles.

ELECTRIC VEHICLE

Any vehicle that is licensed and registered for operation on public and private highways, roads, and streets; and operates either partially or exclusively using an electric motor powered by an externally charged on-board battery.

The equipment, including the cables, cords, conductors, connectors, couplers, enclosures, attachment plugs, power outlets, power electronics, transformer, switchgear, switches and controls, network interfaces, point-of-sale equipment, and associated apparatus designed and used for the purpose of transferring energy from the electric supply system to a plug-in electric vehicle. "EVSE" may deliver either alternating current or, consistent with fast charging equipment standards, direct current electricity. "EVSE" is synonymous with "electric vehicle charging station."

MAKE-READY PARKING SPACE

The prewiring of electrical infrastructure at a parking space, or set of parking spaces, to facilitate easy and cost-efficient future installation of electric vehicle supply equipment or electric vehicle service equipment, including, but not limited to, Level Two EVSE and direct current fast chargers. Make-ready includes expenses related to service panels, junction boxes, conduit, wiring, and other components necessary to make a particular location able to accommodate electric vehicle supply equipment or electric vehicle service equipment on a "plug and play" basis. "Make-ready" is synonymous with the term "charger ready," as used in P.L. 2019, c. 362 (N.J.S.A. 48:25-1 et seq.).

PRIVATE EVSE

EVSE that has restricted access to specific users (e.g., single- and two-family homes, executive parking fleet parking with no access to the general public).

PUBLICLY ACCESSIBLE EVSE

EVSE that is publicly available (e.g., park and ride, public parking lots and garages, on-street parking, shopping center parking, nonreserved parking in multifamily parking lots, etc.).

Permitted accessory use and scope of review.

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-70d.

EVSE and make-ready parking spaces installed pursuant to Subsection O(4) below in development applications that are subject to site plan approval are considered a permitted accessory use as described in Subsection O(3)(a) above.

Minimum required installation of EVSE and make-ready parking spaces.

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:

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;

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

Within six years following the date of the issuance of the certificate of occupancy, install EVSE in the final one-third of the original 15% of make-ready parking spaces.

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.

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.

As a condition of preliminary site plan approval, or approval of a site plan exemption involving the creation of new parking spaces, each application involving a parking lot or garage not covered in Subsection O(4)(a) above shall:

Install at least one make-ready parking space if there will be 50 or fewer off-street parking spaces.

Install at least two make-ready parking spaces if there will be 51 to 75 off-street parking spaces.

Install at least three make-ready parking spaces if there will be 76 to 100 off-street parking spaces.

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.

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.

In lieu of installing make-ready parking spaces, a parking lot or garage may install EVSE to satisfy the requirements of this subsection.

[7]

[8]

Notwithstanding the provisions of this subsection, 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.

Applicability to minimum number of parking space requirements.

All parking spaces with EVSE and make-ready equipment shall be included in the calculation of parking spaces used to comply with the minimum number of required parking spaces, pursuant to and subject to the provisions of this chapter.

A parking space prepared with EVSE or make-ready equipment shall count as at least two parking spaces for the purpose of complying with the required minimum number of parking spaces, provided that this shall result in a reduction of not more than 10% of the total number of parking spaces that would otherwise be required.

All parking space calculations for EVSE and make-ready equipment shall be rounded up to the next full parking space.

Additional installation of EVSE and make-ready parking spaces above what is required in Subsection O(4)(a) and (b) above are encouraged, but not required in development projects.

Design standards for all new EVSE and make-ready parking spaces.

Location and layout.

The location and layout of EVSE and make-ready parking spaces shall be subject to the same requirements as other parking spaces.

In any consideration of relief from the location and layout requirements of this chapter, the reviewing agency shall balance the benefits and detriments of compliance against the benefits and detriments of violations that use alternative locations and layouts, but that better achieve the purposes of this subsection.

Installation requirements.

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.

Each EVSE or make-ready parking space shall be subject to the dimensional requirements applicable to other parking spaces.

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.

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.

Safety and maintenance.

Not less than the minimum number of publicly accessible EVSE shall be located at parking spaces that are 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 O(6)(d) below.

Where EVSE is installed, adequate site lighting and landscaping shall be provided in accordance with this chapter.

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 set back a minimum of 24 inches from the face of the curb. Any standalone 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.

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 O(6)(c)[5] 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.

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.

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.

[7]

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 owners/designee of publicly accessible EVSE shall provide information on the equipment concerning the EVSE's geographic location, date of installation, equipment type and model, and owner contact information.

Signs.

The minimum number of required publicly accessible EVSE shall have posted regulatory signs, as identified in this subsection, 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.

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.

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 O(6)(d)[2] above.

In addition to the signage described above, the following information shall be available on the EVSE or posted at or adjacent to all regulated publicly accessible EVSE parking spaces:

Hour of operations and/or time limits if time limits or tow-away provisions are to be enforced by the Township or owner/designee;

Usage fees and parking fees, if applicable; and

Contact information (telephone number) for reporting when the equipment is not operating or other problems.

Use restrictions and fees; enforcement.

EVSE parking use restrictions and fees.

Publicly accessible EVSE. Not less than the minimum required number of publicly accessible EVSE shall be reserved for parking and charging electric vehicles only. Electric vehicles shall be connected to the EVSE. The use of time limits is optional and shall be determined by the owner. 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.

Private EVSE: Nothing in this subsection 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.

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.

Enforcement.

Public parking. Pursuant to N.J.S.A. 40:48-2, publicly accessible EVSE parking spaces shall be monitored by the Township's Police Department and enforced in the same manner as any other parking spaces.

It shall be a violation of this subsection to park or stand a nonelectric vehicle in a regulated publicly accessible EVSE parking space, or to park an electric vehicle in such a space when it is not connected to the EVSE.

Any nonelectric vehicle parked or standing in a EVSE parking space or any electric vehicle parked and not connected to the EVSE shall be subject to fine and/or impoundment of the offending vehicle in the same manner as barrier-free restricted parking spaces as described in N.J.S.A. 39:4-197(3)c.

Signage indicating the penalties for violations shall comply with Subsection O(6)(d) above.

Private parking. The use of EVSE shall be monitored by the property owner or designee.

§ 166-154 Requirements for residential uses.

[Amended 5-13-1993 by Ord. No. 12-93; 12-22-1993 by Ord. No. 36-93; 10-10-1996 by Ord. No. 15-96; 3-11-2004 by Ord. No. 3-2004; 5-22-2008 by Ord. No. 12-08; 8-12-2010 by Ord. No. 22-10; 2-12-2015 by Ord. No. 1-15; 7-14-2016 by Ord. No. 20-16; 8-10-2017 by Ord. No. 19-17; 12-13-2018 by Ord. No. 37-18; 5-12-2022 by Ord. No. 16-2022; 12-12-2024 by Ord. No. 31-2024]

Number of parking spaces. The required number of parking spaces for residential uses shall be in accordance with this section and with the New Jersey Residential Site Improvement Standards, N.J.A.C. 5:21-1.1 et seq. Community residences and shelters shall be required to provide the same number of parking spaces as required for single-family detached dwellings, provided that community residences and shelters that contain more than five bedrooms shall be required to provide at least three off-street parking spaces plus 0.25 parking space for each bedroom in excess of five bedrooms. In case of conflict between this section and such standards, the New Jersey Residential Site Improvement Standards shall control. The required number of parking spaces is based on the number, size, and type of dwellings, as set forth below:

Housing Unit Type/Size	Parking Requirement Per Dwelling Unit
Single-Family Detached
2 Bedroom	1.5
3 Bedroom	2.0
4 Bedroom	2.5
5 Bedroom	3.0
Two-Family (Duplex)	"Single-family detached" values shall apply to each unit.
Garden Apartment
1 Bedroom	1.8
2 Bedroom	2.0
3 Bedroom	2.1
Townhouse
1 Bedroom	1.8
2 Bedroom	2.3
3 Bedroom	2.4
High Rise
1 Bedroom	0.8
2 Bedroom	1.3
3 Bedroom	1.9
Mobile Home
1 Bedroom	1.8
2 Bedroom	2.0
Retirement Community	Values shall be commensurate with the most appropriate housing unit type and size noted above that the retirement community resembles.
Recreational Homes (owner occupied)	Values shall be commensurate with the most appropriate housing unit type and size noted above that the recreational homes (owner occupied) resemble.
Mid-Rise Apartment	"Garden apartment" values shall apply.
Assisted Living	0.50

In the application and interpretation of the foregoing requirements, the following shall apply:

Housing unit type definitions. The definitions of housing unit types in the foregoing table shall be as set forth in N.J.A.C. 5:21.

Reduction or deferral of spaces. The required number of spaces may be reduced or deferred, as determined by the reviewing agency, through an exception or in accordance with the provisions of § 166-157.

Fractions of parking spaces. When determination of the required number of parking spaces results in a fractional space for the entire development, any fraction of 1/2 or less may be disregarded, while a fraction in excess of 1/2 shall be counted as one parking space.

On-street parking. When in the judgment of the local approving authority that on-street parking is available, then only that proportion of the parking requirement which is not available on the street shall be provided in off-street parking facilities. "Available" as used for making such judgment shall mean at least that such parking: (a) is conveniently located; (b) is permitted 24 hours per day, seven days a week, 365 days per year, except in the case of emergencies or temporary construction; (c) is located on a section of roadway that is designed to safely accommodate such parking; and (d) not subject to excessive competition from other uses. For the purpose of calculating the number of on-street parking spaces, a length of 23 feet per on-street parking space shall be used, unless a different designation of on-street parking spaces has been formally adopted by the entity having jurisdiction.

Visitor and guest parking. The foregoing parking space requirements for attached units (i.e., apartments, condominiums, townhouses) include provisions for 0.5 space per dwelling unit for guest parking. Such guest parking must either be provided on-street or in common parking areas, and not in private driveways or private garages accessory to individual dwelling units.

Calculation of parking spaces with garage and driveway combinations. The number of spaces provided in garage and driveway combinations shall be counted against the required number of spaces as follows, provided that the space for parking in the garage complies with the minimum size for parking spaces, and that access for motor vehicles to the garage parking space is provided via a door and improved driveway:

Each garage car space for which driveway access is provided shall be counted as 1.0 off-street parking space.

A one-car garage and driveway combination shall count as 2.0 off-street parking spaces, provided the driveway measures a minimum of 18 feet in length between the face of the garage door and the street right-of-way, adjacent access aisle, or sidewalk, whichever is more restrictive.

A two-car garage and driveway combination shall count as 3.5 off-street parking spaces, provided a minimum parking width of 20 feet is provided for a minimum length of 18 feet as specified for a one-car garage and driveway combination.

Barrier-free accessible spaces. For projects containing dwelling units required by the New Jersey Uniform Construction Code's Barrier Free Subcode (N.J.A.C. 5:23-7) to be accessible, accessible parking spaces for people with disabilities shall be provided in accordance with the requirements of the Barrier Free Subcode and shall be considered part of the total number of required spaces.

Electric vehicle charging and "make-ready" parking spaces. Electric vehicle charging and "make-ready" parking spaces required by P.L. 2021, c. 171,[1] and by § 166-1530 of this chapter shall be considered part of the total number of required spaces and shall be credited against such number in accordance with § 166-1530(5).

Editor's Note: See N.J.S.A. 40:55D-66.18 et seq.

Minimum number of garage parking spaces. In all zones except the RM Zone Districts, and except for developments wherein all of the dwelling units are affordable, and except for community residences and shelters, independent/assisted-living facilities, and nursing homes, there shall be at least one parking space in a private garage for each new dwelling unit, and no conversion or other alteration of an existing garage shall be permitted which would result in fewer than one parking space in a private garage for each dwelling unit.

Garage location. Private garage(s) shall be located on the same lot as the dwelling to which they are accessory and shall be adequately served with either a paved driveway which meets the specifications of § 166-153A or, in the case of single-family dwellings, a driveway surfaced with three-fourths-inch clean broken stone four inches thick on a compacted subgrade, and no driveway shall be closer than five feet to any side or rear property line, unless the specific zone district regulations require a greater setback.

(Reserved)

Parking for mixed-use developments. Any development involving a mixture of different residential uses or a mixture of residential and nonresidential uses shall be provided with off-street parking for each of such uses, and the computation for each use shall be made separately and cumulatively, unless a shared parking plan as authorized by § 166-157 is approved.

Off-street parking accessory to a single-family detached residence is permitted within the driveway for the residence, provided that each of the following requirements is complied with:

The driveway shall be improved as set forth in § 166-154C above.

The width of the driveway shall not be wider than 12 feet plus 10 feet for each parking stall in the accessory garage as required in § 166-154B above.

Existing residential structures that are not served by an accessory garage at the time of adoption of Ord. No. 24-86, adopted 8-14-1986, shall be permitted to construct a driveway no wider than 12 feet for the parking of cars accessory to the residential structure on the site, provided that said driveway meets the improvement requirements set forth in § 166-154C above.

The parking of any automobile or other type of vehicle shall comply with §§ 166-118.1 and 166-124B.

§ 166-155 Requirements for nonresidential uses.

[Amended 7-9-1987 by Ord. No. 22-87; 5-13-1993 by Ord. No. 12-93; 6-8-1995 by Ord. No. 16-95; 10-22-1998 by Ord. No. 25-98; 10-26-2000 by Ord. No. 14-2000; 2-26-2009 by Ord. No. 5-09; 8-12-2010 by Ord. No. 22-10; 5-12-2011 by Ord. No. 15-11; 9-8-2011 by Ord. No. 25-11; 10-27-2011 by Ord. No. 28-11; 12-13-2012 by Ord. No. 23-12; 2-12-2015 by Ord. No. 1-15; 2-11-2016 by Ord. No. 3-16; 6-8-2017 by Ord. No. 15-17; 8-10-2017 by Ord. No. 19-17; 4-11-2019 by Ord. No. 12-19; 6-13-2019 by Ord. No. 24-19; 5-12-2022 by Ord. No. 16-2022; 12-19-2022 by Ord. No. 34-2022; 5-9-2024 by Ord. No. 10-2024; 12-12-2024 by Ord. No. 31-2024]

General. For all nonresidential uses, off-street parking shall be provided for all uses as required by this section or by other provisions of this chapter. In calculating the required number of off-street parking spaces, the following general provisions shall apply:

Conflicting provisions. In case of conflict between the provisions of this section and the provisions of other parts of this chapter or other provisions of the Township Code, the more restrictive provision shall apply.

Exclusions. The floor areas excluded from floor area requirements by § 166-113.2 shall also be excluded from required parking calculations that are based upon floor area.

Principal and accessory uses. The parking requirements in this section for various uses are based upon typical operations involving both principal and accessory uses. Accordingly, if the property or development includes both principal and accessory uses, the required number of parking spaces shall be calculated based on the requirements for the principal use. By way of example, but not limitation, the number of parking spaces for a retail sales use containing a back office and storage area accessory to the retail use shall be based upon the parking requirement for retail sales use, using the entire floor area of the building or buildings devoted to the principal and accessory uses. Notwithstanding the foregoing, the reviewing agency may permit less parking than otherwise required, without the need for a variance, for unusual circumstances involving accessory uses meeting one or more of the following criteria:

If the accessory use(s) is/are of a nature that is not commonly associated with the principal use and the developer demonstrates that such accessory uses generate less parking demand than is typical for uses accessory to the principal use.

If the amount or proportion of floor area devoted to the accessory use(s) is greater than is typical for the principal use, and the developer demonstrates that the greater floor area devoted to the accessory use(s) results in less parking demand than the typical condition.

Multiple principal uses. When two or more uses are proposed on one lot, or are proposed on multiple lots with common parking areas, the minimum number of parking spaces shall be the aggregate of the number of parking spaces required for each use, computed separately for each use and summed, unless the provisions for shared parking in § 166-157 are complied with, or unless specified otherwise by this chapter.

Change of use. A change of use shall be subject to the required number of parking spaces for the new use. Approval of the number of parking spaces shall be valid only for the particular use for which it was granted.

Fractions of spaces. When determination of the required number of parking spaces results in a fractional space for the entire development, any fraction of 1/2 or less may be disregarded, while a fraction in excess of 1/2 shall be counted as one parking space.

Minimum parking ratios. The minimum number of parking spaces for various uses in the nonresidential zones are set forth below, along with some use descriptions. Where such descriptions are not provided, the definitions or descriptions shall be as otherwise set forth in this chapter.

Use (Where Permitted)	Minimum Quantity of Parking Spaces
Quality restaurant	1 per 55 square feet of gross floor area or 0.55 per seat, whichever is greater
High-turnover (sit-down) restaurant with bar or lounge	1 per 55 square feet of gross floor area or 0.55 per seat, whichever is greater
High-turnover (sit-down) restaurant, no bar or lounge	1 per 65 square feet of gross floor area or 0.5 per seat, whichever is greater
Fast-food restaurant, with drive-through lanes/windows	1 per 65 square feet of gross floor area or 0.6 per seat, whichever is greater
Fast-food restaurant, no drive-through lanes/windows	1 per 75 square feet of gross floor area or 0.65 per seat, whichever is greater
Restaurant other than stated above	1 per 60 square feet of gross floor area or 0.55 per seat, whichever is greater
Convenience store with an associated gasoline station	1 per 150 square feet of gross floor area
Convenience store without a gasoline station	1 per 175 square feet of gross floor area
Drive-in bank	1 per 200 square feet of gross floor area
Supermarket	1 per 200 square feet of gross floor area
Indoor physical fitness facility	1 per 200 square feet of gross floor area
Discount club	1 per 300 square feet of gross floor area
Sporting goods superstore	1 per 300 square feet of gross floor area
Pharmacy/drug store	1 per 350 square feet of gross floor area
Liquor store	1 per 400 square feet of gross floor area
Apparel store	1 per 400 square feet of gross floor area
Variety store	1 per 400 square feet of gross floor area
Discount store	1 per 400 square feet of gross floor area
Discount superstore	1 per 400 square feet of gross floor area
Toy/children's superstore	1 per 400 square feet of gross floor area
Pet supply superstore	1 per 400 square feet of gross floor area
Book superstore	1 per 400 square feet of gross floor area
Home improvement superstore	1 per 400 square feet of gross floor area
Electronics superstore	1 per 400 square feet of gross floor area
Carpet store	1 per 400 square feet of gross floor area
Automobile sales	1 per 400 square feet of gross floor area
Automobile parts sales	1 per 400 square feet of gross floor area
Furniture store	1 per 1,000 square feet of gross floor area
Hardware/paint store	1 per 1,000 square feet of gross floor area
Building materials and lumber store	1 per 1,500 square feet of gross floor area
Other retail sales and services	1 per 200 square feet of gross floor area
Hotel	1.1 per guest room. In addition, if ancillary facilities are proposed, in whole or in part, which are designed for or available to be used by non-lodgers, such restaurants, bars, meeting rooms, event space facilities, pools, and fitness areas, then there shall also be provided the number of parking spaces required for such ancillary services required by this chapter, to the extent that such services are available to non-lodgers, as determined by the reviewing agency. If no parking requirement is established for such ancillary services by this chapter, then the number of required spaces shall be determined by the reviewing agency as part of the review and approval for the hotel. "Guest rooms" shall refer to individual lodging units, regardless of the actual number of rooms in such unit.
Office building - less than 50,000 square feet of gross floor area	1 per 200 square feet of gross floor area
Office building - 50,000 to 99,999 square feet of gross floor area	1 per 250 square feet of gross floor area
Office building - 100,000 to 199,999 square feet of gross floor area	1 per 275 square feet of gross floor area
Office building - 200,000 or more square feet of gross floor area	1 per 300 square feet of gross floor area
Data processing center, low-intensity - data processing performed primarily by equipment, not by employees or staff, and having an employee/staffing ratio of not more than 1 employee/staff person, on the maximum shift, per 2,500 square feet of gross floor area	1 per 2,500 square feet of gross floor area, provided that the applicant demonstrates, as part of its site plan application, that the proposed number of parking spaces are sufficient for normal operations and that any potential increase in parking demand will only be temporary, sporadic and/or occurring in an emergency. The applicant shall also obtain Board approval of a plan for addressing such increased parking demand, which plan may include but is not limited to car- or van-pooling, temporary overflow parking on areas having no pavement or substandard pavement, use of available off-site and/or on-street parking spaces and valet parking
Data processing center, other than low-intensity	Same as required for office buildings
Industrial, manufacturing, assembly and research or testing laboratory buildings	1 per 800 square feet of gross floor area
Manufacturing use with accessory retail uses and/or accessory assembly uses	Manufacturing portion: Same ratio as industrial uses, above
	Retail portion: Same ratio as retail sales and services, above.
	Assembly portion: 1 space per 2 seats, or 1 space per 100 square feet of gross floor area of assembly area in use at same time, whichever is greater
Warehouse/logistics use	1 per 800 square feet of gross floor area
Self-service storage facility	Manager's apartment: same as required for a garden apartment unit
	Leasing/administrative office: same as required for offices
	Other: one parking space per 50 storage units or one parking space per 5,000 square feet, exclusive of manager and office floor area, whichever is greater.
Nursing homes	0.5 space per dwelling unit, or 0.4 space per bed when dwelling units not provided
Houses of worship	Sanctuary/worship areas and associated areas: 1 space for every 4 seats or 100 square feet of gross floor area, whichever is greater, at maximum capacity
	Dining/meeting hall/rooms and associated areas: 1 space for every 2 seats or 65 feet of gross floor area, whichever is greater, at maximum capacity
	Other areas: 1 space for every 250 square feet of floor area
	The foregoing requirements for multiple areas shall only apply to areas which are in use at the same time
Elementary and middle/junior high schools	1 per 3 students or 1.2 per employee, whichever is greater, at maximum capacity
High schools	1 per 4 students at maximum capacity
Other schools	1.1 per student or 1.5 per employee, whichever is greater, at maximum capacity
State-licensed hospitals	5 per bed or 1 per each employee on the maximum shift, whichever is greater
Libraries	1 per 400 square feet of gross floor area
Utility facilities	1 per employee on the peak shift
Other nonresidential uses	1 per 250 square feet of gross floor area

§ 166-156 Off-street loading and unloading space.

[Amended 6-8-1995 by Ord. No. 16-95; 10-27-2011 by Ord. No. 28-11; 4-11-2013 by Ord. No. 13-13]

In all districts, for every building or part thereof hereafter erected for or converted to manufacturing, storage, goods display, retail stores, wholesale stores, warehouse/logistics uses, markets, hospitals, laundries, dry cleaning, offices or other uses similarly requiring the receipt or distribution in vehicles of materials or merchandise there shall be provided on the same premises at least one loading or unloading space, provided that additional spaces may be required if determined necessary by the reviewing agency to accommodate the needs of the use and to avoid inappropriate parking, stopping or standing of trucks. In developments containing more than one principal building, the sharing of one or more loading spaces between multiple buildings shall be permitted if the applicant demonstrates that such space(s) will function appropriately.

[Amended 5-9-2024 by Ord. No. 10-2024]

In no case shall loading or unloading be conducted from public streets, and provided further that:

Each loading space comply with the minimum dimensions in § 166-104.

No loading dock or loading space shall be permitted in the front yard of any lot.

No loading dock or loading space shall be permitted within five feet, or within the minimum setback required for parking areas and driveways, whichever is greater, from any side or rear property line.

§ 166-157 Reduction or deferral of the required number of parking and/or loading spaces.

[Amended 6-8-1995 by Ord. No. 16-95; 10-22-1998 by Ord. No. 25-98; 10-26-2000 by Ord. No. 14-2000; 2-26-2009 by Ord. No. 5-09; 8-12-2010 by Ord. No. 22-10; 9-8-2011 by Ord. No. 25-11; 12-13-2012 by Ord. No. 23-12; 12-14-2017 by Ord. No. 26-2017; 6-13-2019 by Ord. No. 24-19; 12-19-2022 by Ord. No. 34-2022; 12-12-2024 by Ord. No. 31-2024]

Notwithstanding the requirements of §§ 166-154 and 166-155, the reviewing agency may approve a lesser number of parking and/or loading spaces, and/or may defer the construction of such spaces, without the need for a variance or an exception in accordance with the following provisions:

Reduction of parking or loading spaces. The reviewing agency may allow fewer parking or loading spaces, when warranted based upon various atypical circumstances in the Township, which circumstances indicate that a lesser number of spaces are necessary, now and in the foreseeable future, to meet the needs of the use or development. Such circumstances may include, but are not limited to:

Household characteristics of dwelling units;

Access to mass transit or alternative transportation mechanisms;

Geographic location;

Off-site parking resources; and

Shared parking between multiple uses.

Shared parking and/or loading. Nonresidential developments and mixed-use developments involving both nonresidential and residential uses may be permitted with fewer parking and/or loading spaces than otherwise required through participation in a shared parking and/or loading program of two or more uses, provided that plans for such a program have been approved by the reviewing agency as part of a development application. In order for such program to be approved, the developer must:

Demonstrate that the particular combination of uses is likely to result in vehicles parking and/or loading to visit more than one use during the same trip, and/or

Demonstrate that the peak periods of demand for parking and/or loading spaces, as applicable, are such that a lesser number of spaces are necessary to meet the total parking and/or loading needs for the development at all times; and/or

Demonstrate that the parking and/or loading spaces are sized and located to be reasonably convenient, safe and suitable for use by the various uses, buildings and/or lots involved in the shared parking program; and

Agree with the reviewing agency on a mechanism that will ensure that the shared parking and/or loading program, as applicable, will continue in force and effect for the life of the development.

Deferral of the construction of spaces. If an applicant can clearly demonstrate to the reviewing agency that, because of the nature of the operation or the use of the premises, the parking requirements are unnecessary and excessive, the reviewing agency may approve parking plans deferring the construction of certain parking and/or spaces than would otherwise be required, subject to the following conditions:

An area shall be reserved that can readily be converted to off-street parking or loading spaces if the conditions for allowing lesser parking or loading spaces ever change.

When permitted, a parking deck or similar structure may be constructed to meet the required off-street parking requirements if the conditions for allowing lesser parking spaces ever change.

Evidence of the feasibility of meeting the full parking and/or loading space requirement of this chapter shall be submitted by the applicant in the form of supplemental plans graphically illustrating the manner in which the full parking and/or loading requirement can be met, with the area actually proposed to be constructed clearly delineated from the potential future parking area or structure. Any elevated parking structure must provide screening approved by the Planning Board for all aboveground levels that will adequately screen cars viewed from any abutting residential zone.

§ 166-158 When required.

No land shall be occupied or used and no building hereafter erected or altered shall be occupied or used, in whole or in part, for any purpose whatsoever until a certificate of occupancy shall have been issued by the Construction Code Official or, if such is the case, a temporary certificate of occupancy issued pursuant to § 166-162.

[Amended 8-8-1991 by Ord. No. 18-91]

In addition, a certificate of continued occupancy shall also be required under the following circumstances:

[Amended 12-28-1987 by Ord. No. 39-87; 8-8-1991 by Ord. No. 18-91]

Prior to the occupancy of any nonresidential building or structure in which the use, occupancy or tenancy has been changed.

The certificate of occupancy or certificate of continued occupancy shall not be issued until the land, use, building, structure or premises complies with all the provisions of this chapter, all other applicable Township and state requirements and with such conditions that have been required by any site plan approval or site plan exemption as hereinafter regulated in § 166-164.1. When issued, the certificate of occupancy or certificate of continued occupancy shall state that such compliance has been achieved.

[Amended 12-28-1987 by Ord. No. 39-87]

The fee, as prescribed in § 166-48, for the certificate of occupancy shall be paid at the time any building permit application is filed with the Building Inspector. After completion of the erection or alteration of the building, or compliance by the applicant with any other such conditions or requirements as may be imposed by such other appropriate municipal body, Board or officer, application for the issuance of a certificate of occupancy shall be made to the Zoning Officer, and said certificate of occupancy shall be issued or denied within seven days.

§ 166-159 Change in use; temporary certificate of occupancy.

A certificate of occupancy shall specify the use of the land or buildings and any circumstances or conditions imposed by any agency, code or regulations. Any change in use, including a change from one permitted use to another kind of permitted use in the same zone, as well as any change in tenancy in the nonresidential zones or in a nonconforming use in residential zones, will be treated as a new use and a new certificate of occupancy shall be required. Prior to the issuance of a certificate of occupancy for said change in use, all provisions of this chapter shall be complied with in the same manner as if the new use or tenancy were a new structure or a new use of land.

[Amended 7-9-1987 by Ord. No. 22-87]

When there is a change in use of premises within the meaning of this section, the owner shall notify the Building Inspector, by letter, of all details of the proposed change. He shall advise the owner within one week if, in his opinion, the facts require a certificate of occupancy. If not so notified, the owner may undertake to use the premises for the new use.

If, after the expiration of the temporary certificate of occupancy, an applicant is still unable to comply with all requirements for a permanent certificate of occupancy by reason of extreme hardship, a permanent certificate of occupancy may be approved by the Planning Board upon application under the same procedures as set forth in § 166-162, provided that a cash bond in the entire amount of all incomplete improvements is deposited with the Township Clerk.

§ 166-160 Prerequisite of issuance.

No certificate of occupancy may be issued by the Zoning Officer until he has ascertained that all requirements of this chapter and any other applicable Township or state regulations, Board of Adjustment order, Township Committee order, Township Engineer order or site plan approval by the Planning Board are fully met. All improvements as shown on the site plan must be installed at the time of issuance of the certificate of occupancy.

§ 166-161 Nonresidential uses.

Every certificate of occupancy issued for any nonresidential use shall be reported by the Zoning Officer to the Planning Board prior to the next regular meeting of said Board.

§ 166-162 Temporary certificates of occupancy for nonresidential uses.

In the event that an applicant for any nonresidential use is unable to fully comply with all of the requirements for a permanent certificate of occupancy as outlined above, due to weather conditions or other forces beyond his control, he may apply for a temporary certificate of occupancy. For the purpose of administering this section, "occupancy" is defined as the use of any equipment or machinery (other than construction machinery not considered part of the building) or the storage of a product, merchandise, raw material or other personal property or the use of a structure other than by those engaged in its construction.

Application procedure.

Applications for a temporary certificate of occupancy shall be made on a form provided by the Zoning Officer. Applications shall be made five days prior to the desired issuance date of said certificate. Each application shall be accompanied by a fee of $10.

After receipt of an application for a temporary certificate of occupancy, the Zoning Officer will make an inspection of the building and site in question. If the Zoning Officer finds that the applicant is unable to comply with all of the requirements for a permanent certificate of occupancy for reasons as outlined in Subsection A above, he may issue a temporary certificate of occupancy for a period of 30 days, provided that all of the following requirements are met:

The building is substantially completed, fully enclosed to all natural elements and in all respects ready to accommodate the proposed use.

As required by the season, heating and/or ventilating systems are in working order.

The building shall have sanitary facilities installed and usable and approved by the Health Officer.

All combustion equipment and fire-protection systems shall have preliminary approval of the Board of Fire Commissioners.

The rough electrical installation has been inspected and accepted by the Fire Underwriters or other appropriate agency.

A statement of the action taken by the Zoning Officer for any temporary certificate of occupancy requested under Subsection C shall be forwarded to the Planning Board prior to the next regular meeting of the Board.

The Zoning Officer shall have the authority to extend the temporary certificate of occupancy for a period of 30 days upon receipt of an application for renewal and payment of an additional fee of $10. This application and the action taken shall be as permitted and regulated in Subsection B(1), (2) and (3) of this section.

The Zoning Officer shall have the authority to issue a second renewal for a thirty-day period upon receipt of an application and payment of a fee of $10 in accordance with the requirements of Subsection B(1), (2) and (3) of this section.

In no case shall the Zoning Officer issue a temporary certificate of occupancy for a period to exceed 30 days, nor shall he renew a certificate more than twice as regulated above. Temporary certificates of occupancy issued under this section are limited to a maximum of 90 days.

Temporary certificate of occupancy for longer than 90 days. It is recognized that, under extreme circumstances, a temporary certificate of occupancy may be required for a period beyond the 90 days as above regulated. In such event, the applicant shall file with the Zoning Officer a request for a temporary certificate of occupancy prior to the expiration of the second renewal as outlined in Subsection A(5). This application shall be made sufficiently early to be referred to the Township Committee for consideration at a regular public meeting of the Committee, but in no case less than 14 days before such meeting. All requirements of Subsection B(1), (2) and (3) shall be complied with. The Township Engineer will estimate the cost of completing all conditions of site plan approval. The applicant shall post a completion bond for the amount determined by the Township Engineer with the Township Clerk. If said bond is other than cash, a cash escrow account of $500 will be deposited with the Township Clerk, which shall be forfeited and used to defray the cost of collecting the completion bond if the applicant fails to comply with all of the site plan requirements within the time limits set forth on the temporary certificate of occupancy issued under this section. A temporary certificate of occupancy requiring the posting of a bond as set forth in this section shall not be issued by the Zoning Officer without the approval of the Township Committee.

§ 166-163 Maximum period for temporary certificate of occupancy.

Notwithstanding any other provisions of this chapter, a temporary certificate of occupancy shall not extend for a period longer than nine months from the date of original issuance, as regulated in this article.

§ 166-164 Records and fees.

It shall be the duty of the Zoning Officer to keep a record of all applications for certificates of occupancy and of all such permits and certificates issued, with a notation of all special conditions involved. He shall file and safely keep copies of all plans and specifications submitted with such applications, and the same shall form a part of the records of his office and shall be available to all officials of the Township. Copies of certificates of occupancy shall be furnished upon request to any person having a proprietary or leasehold interest in the structure or land affected. A fee of $10 shall be charged for each original certificate and $5 for each copy thereof.

§ 166-164.1 Site plan exemption for certificate of continued occupancy.

[Added 12-28-1987 by Ord. No. 39-87; 6-10-2004 by Ord. No. 13-2004; 11-12-2009 by Ord. No. 17-09; 8-12-2010 by Ord. No. 23-2010]

An applicant seeking a certificate of continued occupancy for a change in occupancy or tenancy of a nonresidential building may apply for an exemption of site plan review and approval regulated in Part 4 of this chapter. The criteria and procedures to be followed for such application and exemption are set forth in § 166-58D and E.

For the purpose of administering this section, a "certificate of continued occupancy" shall be defined as a certificate stating that a change of occupancy or a change in tenancy may occur in an existing building or structure after approval by the Site Plan Exemption Committee or the Hanover Township Planning Board.

§ 166-165 District regulations.

Permitted principal uses and structures. The following principal uses and structures shall be permitted in the R-40 Zone District:

Single-family residential uses in detached single-family residential structures;

Community residences and shelters;

Public buildings and uses;

Houses of worship;

Public libraries and schools limited to those included within the definition of "institutional uses" in § 166-4;

Home medical offices permitted by § 166-115.1; and

Home occupations permitted by § 166-115.1.

Conditional uses and structures. No conditional uses and structures shall be permitted in the R-40 District.

Permitted accessory uses and structures. The following accessory uses and structures shall be permitted in the R-40 Zone District:

Accessory buildings and roofed accessory structures permitted by §§ 166-114 and 166-118;

Outdoor storage permitted by § 166-124;

Patios and decks permitted by § 166-136;

Outdoor recreational facilities permitted by § 166-136.1;

The keeping of animals permitted by § 166-136.2;

Antennas permitted by § 166-138.1;

Fences and walls permitted by § 166-138.2;

Family day-care homes permitted by § 166-138.3;

Solar or photovoltaic energy facilities and structures permitted by § 166-138.5.1;

Signs permitted by Article XX;

Driveways and off-street parking facilities as permitted by § 166-154; and

Other accessory uses and structures customarily subordinate and incidental to permitted principal uses.

Prohibited uses and structures. Any use or structure other than those uses or structures permitted in Subsection A, B or C above are prohibited, unless specifically permitted by other superseding law.

Lot and bulk regulations, single-family residential use. The following bulk and lot regulations shall apply to single-family residential development within the R-40 Zone District.

Minimum lot area. Each lot shall contain an area of at least 40,500 square feet.

Minimum lot width. Each lot shall have a width of at least 150 feet, measured parallel to and at a distance of 100 feet from the front lot line, and as set forth in the definition of "lot width" in § 166-4.

Minimum average lot width. Each lot shall have an average width of at least 150 feet within 200 feet of the front lot line, and as set forth in the definition of "lot width" in § 166-4.

Minimum lot frontage. Each lot shall comply with the frontage requirements of § 166-121.

Minimum lot depth. Each lot shall have a depth, as defined by § 166-4, of at least 200 feet.

Minimum front yard depth. Each front yard, as defined and regulated by § 166-4 and § 166-113, shall have a depth of at least 75 feet. Where an existing principal building does not meet this requirement, additions to such building may be made, provided that the front yard setback of the addition is not less than the existing structure or at least 60 feet, whichever is the greater.

Minimum depth of each side yard. Each side yard, as defined and regulated by § 166-4 and § 166-113, shall have a depth of at least 20 feet.

Minimum combined depth of both side yards. The combined depth of both side yards, as defined and regulated by § 166-4 and § 166-113, shall be the greater of:

The sum of the minimum side yard depth for each side yard, as set forth in Subsection E(7) above; or

Thirty percent of the lot width at a distance of 75 feet from the front lot line and as set forth in the definition of "lot width" in § 166-4.

Minimum rear yard depth. Each rear yard, as defined and regulated by § 166-4 and § 166-113, shall have a depth of at least 50 feet.

Maximum building height. Principal buildings shall not exceed a height, as set forth in the definition of "height of building or structure" in § 166-4, of 35 feet, and no principal building shall contain more than 2 1/2 stories above finished grade.

Maximum height: setback ratio. The height of the principal building shall not be greater than two times the distance of the building from any property line located within 25 feet of the building, except as provided otherwise below. For purposes of administering this requirement, the following shall apply:

The height of the building shall be measured between the building roof and the lowest finished grade at any property line within 25 feet of the building.

The distance of the building from the property line shall be measured perpendicular to the property line.

No building shall be required to have a height of less than 30 feet above the lowest finished grade at the lot line within 25 feet of the building.

No building shall be permitted to have a height greater than 45 feet above the lowest finished grade at the lot line within 25 feet of the building.

If the building varies in height, the foregoing requirements shall apply independently to each portion of the building, based upon the height of such portion.

In case of conflict between the provisions of this Subsection E(11) and the maximum height limitations or the minimum yard requirements for the district, the more restrictive requirement shall apply.

The following diagrams illustrate the foregoing requirements:

Maximum floor area ratio. The floor area ratio on each lot, as defined and measured in § 166-4 and § 166-113.2, shall comply with the requirements set forth in § 166-113.1.

Maximum coverage by buildings and abovegrade structures. The building coverage on each lot, as defined by § 166-4, shall comply with the requirements set forth in § 166-113.1.

Maximum improvement coverage. The improvement coverage on each lot, as defined by § 166-4, shall comply with the requirements set forth in § 166-113.1.

Regulations for other permitted principal uses. The following regulations shall apply to development for permitted principal uses other than single-family detached residences within the R-40 Zone District:

Community residences and shelters shall comply with the regulations for single-family detached residential development.

Houses of worship shall comply with the regulations in § 166-138.4.

Libraries and schools shall comply with the regulations in § 166-138.4.

Home medical offices shall comply with the regulations in § 166-115.1.

Home occupations shall comply with the regulations in § 166-115.1.

Other regulations. In addition to the above requirements, any development in the R-40 zone district must comply with all applicable regulations of this Chapter, including but not limited to the following:

The regulations for accessory buildings and roofed accessory structures in § 166-114 and § 166-118;

The regulations for outdoor storage in § 166-124;

The regulations for patios and decks in § 166-136;

The regulations for outdoor recreational facilities in § 166-136.1;

The regulations for antennas in § 166-138.1;

The regulations for fences and walls in § 166-138.2;

The regulations for family day-care homes in § 166-138.3;

The regulations for solar or photovoltaic energy facilities and structures in § 166-138.5.1;

The regulations for the keeping of animals in § 166-136.2;

The regulations for signs in Article XX; and

The regulations for driveways and off-street parking facilities as in Article XXIII.

§ 166-167.1 District regulations.

Permitted principal uses and structures. The following principal uses and structures shall be permitted in the R-40N Zone District:

Single-family residential uses in detached single-family residential structures;

Community residences and shelters;

Public buildings and uses;

Houses of worship;

Public libraries and schools limited to those included within the definition of institutional uses" in § 166-4;

Home medical offices permitted by § 166-115.1; and

Home occupations permitted by § 166-115.1.

Conditional uses and structures. No conditional uses and structures shall be permitted in the R-40N District.

Permitted accessory uses and structures. The following accessory uses and structures shall be permitted in the R-40N Zone District:

Accessory buildings and roofed accessory structures permitted by § 166-114 and § 166-118;

Outdoor storage permitted by § 166-124;

Patios and decks permitted by § 166-136;

Outdoor recreational facilities permitted by § 166-136.1;

The keeping of animals permitted by § 166-136.2;

Antennas permitted by § 166-138.1;

Fences and walls permitted by § 166-138.2;

Family day-care homes permitted by § 166-138.3;

Solar or photovoltaic energy facilities and structures permitted by § 166-138.5.1;

Signs permitted by Article XX;

Driveways and off-street parking facilities as permitted by § 166-154; and

Other accessory uses and structures customarily subordinate and incidental to permitted principal uses.

Lot and bulk regulations, single-family residential use. The following bulk and lot regulations shall apply to single-family residential development within the R-40N zone district:

Minimum lot area. Each lot shall contain an area of at least 40,500 square feet.

Minimum lot width. Each lot shall have a width of at least 100 feet, measured parallel to and at a distance of 100 feet from the front lot line, and as set forth in the definition of "lot width" in § 166-4.

Minimum average lot width. Each lot shall have an average width of at least 100 feet within 200 feet of the front lot line, and as set forth in the definition of "lot width" in § 166-4.

Minimum lot frontage. Each lot shall comply with the frontage requirements of § 166-121.

Minimum lot depth. Each lot shall have a depth, as defined by § 166-4, of at least 200 feet.

Minimum depth of each side yard. Each side yard, as defined and regulated by § 166-4 and § 166-113, shall have a depth of at least 15 feet, for principal buildings up to 25 feet high. For principal buildings greater than 25 feet high, each side yard, as defined and regulated by § 166-4 and § 166-113, shall have a depth of at least 18 feet. 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.

Minimum combined depth of both side yards. The combined depth of both side yards, as defined and regulated by § 166-4, and § 166-113, shall be the greater of:

The sum of the minimum side yard depth for each side yard, as set forth in Subsection E(7) above; or

Thirty percent of the lot width at a distance of 75 feet from the front lot line and as set forth in the definition of "lot width" in § 166-4.

Minimum rear yard depth. Each rear yard, as defined and regulated by § 166-4 and § 166-113, shall have a depth of at least 50 feet.

Maximum height-setback ratio. The height of the principal building shall not be greater than 2.2 times the distance of the building from any property line located within 25 feet of the building, except as provided otherwise below. For purposes of administering this requirement, the following shall apply:

The height of the building shall be measured between the building roof and the lowest finished grade at any property line within 25 feet of the building.

The distance of the building from the property line shall be measured perpendicular to the property line.

No building shall be required to have a height of less than 30 feet above the lowest finished grade at the lot line within 25 feet of the building.

No building shall be permitted to have a height greater than 45 feet above the lowest finished grade at the lot line within 25 feet of the building.

If the building varies in height, the foregoing requirements shall apply independently to each portion of the building, based upon the height of such portion.

In case of conflict between the provisions of this Subsection E(11) and the maximum height limitations or the minimum yard requirements for the district, the more restrictive requirement shall apply.

The following diagrams illustrate the foregoing requirements:

Maximum floor area ratio. The floor area ratio on each lot, as defined and measured in § 166-4 and § 166-113.2, shall comply with the requirements set forth in § 166-113.1.

Maximum coverage by buildings and abovegrade structures. The building coverage on each lot, as defined by § 166-4, shall comply with the requirements set forth in § 166-113.1.

Maximum improvement coverage. The improvement coverage on each lot, as defined by § 166-4, shall comply with the requirements set forth in § 166-113.1.

Community residences and shelters shall comply with the regulations for single-family detached residential development.

Houses of worship shall comply with the regulations in § 166-138.4.

Libraries and schools shall comply with the regulations in § 166-138.4.

Home medical offices shall comply with the regulations in § 166-115.1.

Home occupations shall comply with the regulations in § 166-115.1.

Other regulations. In addition to the above requirements, any development in the R-40N Zone District must comply with all applicable regulations of this chapter, including but not limited to the following:

The regulations for accessory buildings and roofed accessory structures in § 166-114 and § 166-118;

The regulations for outdoor storage in § 166-124;

The regulations for patios and decks in § 166-136;

The regulations for outdoor recreational facilities in § 166-136.1;

The regulations for antennas in § 166-138.1;

The regulations for fences and walls in § 166-138.2;

The regulations for family day-care homes in § 166-138.3;

The regulations for solar or photovoltaic energy facilities and structures in § 166-138.5.1;

The regulations for the keeping of animals in § 166-136.2;

The regulations for signs in Article XX; and

The regulations for driveways and off-street parking facilities as in Article XXIII.

§ 166-167.2 District regulations.

Permitted principal uses and structures. The following principal uses and structures shall be permitted in the R-30 Zone District:

Single-family residential uses in detached single-family residential structures;

Community residences and shelters;

Public buildings and uses;

Houses of worship;

Public libraries and schools limited to those included within the definition of institutional uses" in § 166-4;

Home medical offices permitted by § 166-115.1; and

Home occupations permitted by § 166-115.1.

Conditional uses and structures. No conditional uses and structures shall be permitted in the R-30 District.

Permitted accessory uses and structures. The following accessory uses and structures shall be permitted in the R-30 Zone District:

Accessory buildings and roofed accessory structures permitted by § 166-114 and § 166-118;

Outdoor storage permitted by § 166-124;

Patios and decks permitted by § 166-136;

Outdoor recreational facilities permitted by § 166-136.1;

The keeping of animals permitted by § 166-136.2;

Antennas permitted by § 166-138.1;

Fences and walls permitted by § 166-138.2;

Family day-care homes permitted by § 166-138.3;

Solar or photovoltaic energy facilities and structures permitted by § 166-138.5.1;

Signs permitted by Article XX;

Driveways and off-street parking facilities as permitted by § 166-154; and

Other accessory uses and structures customarily subordinate and incidental to permitted principal uses.

Lot and bulk regulations, single-family residential use. The following bulk and lot regulations shall apply to single-family residential development within the R-30 Zone District:

Minimum lot area. Each lot shall contain an area of at least 30,000 square feet.

Minimum lot width. Each lot shall have a width of at least 135 feet, measured parallel to and at a distance of 100 feet from the front lot line, and as set forth in the definition of "lot width" in § 166-4.

Minimum average lot width. Each lot shall have an average width of at least 135 feet within 200 feet of the front lot line, and as set forth in the definition of "lot width" in § 166-4.

Minimum lot frontage. Each lot shall comply with the frontage requirements of § 166-121.

Minimum lot depth. Each lot shall have a depth, as defined by § 166-4, of at least 200 feet.

Minimum depth of each side yard. Each side yard, as defined and regulated by § 166-4 and § 166-113, shall have a depth of at least 20 feet.

Minimum combined depth of both side yards. The combined depth of both side yards, as defined and regulated by § 166-4 and § 166-113, shall be the greater of:

The sum of the minimum side yard depth for each side yard, as set forth in Subsection E(7) above; or

Thirty percent of the lot width at a distance of 75 feet from the front lot line and as set forth in the definition of "lot width" in § 166-4.

Minimum rear yard depth. Each rear yard, as defined and regulated by § 166-4 and § 166-113, shall have a depth of at least 50 feet.

Maximum height-setback ratio. The height of the principal building shall not be greater than two times the distance of the building from any property line located within 25 feet of the building, except as provided otherwise below. For purposes of administering this requirement, the following shall apply:

The height of the building shall be measured between the building roof and the lowest finished grade at any property line within 25 feet of the building.

The distance of the building from the property line shall be measured perpendicular to the property line.

No building shall be required to have a height of less than 30 feet above the lowest finished grade at the lot line within 25 feet of the building.

No building shall be permitted to have a height greater than 45 feet above the lowest finished grade at the lot line within 25 feet of the building.

If the building varies in height, the foregoing requirements shall apply independently to each portion of the building, based upon the height of such portion.

In case of conflict between the provisions of this Subsection E(11) and the maximum height limitations or the minimum yard requirements for the district, the more restrictive requirement shall apply.

The following diagrams illustrate the foregoing requirements:

Maximum floor area ratio. The floor area ratio on each lot, as defined and measured in § 166-4 and § 166-113.2, shall comply with the requirements set forth in § 166-113.1.

Maximum coverage by buildings and abovegrade structures. The building coverage on each lot, as defined by § 166-4, shall comply with the requirements set forth in § 166-113.1.

Maximum improvement coverage. The improvement coverage on each lot, as defined by § 166-4, shall comply with the requirements set forth in § 166-113.1.

Community residences and shelters shall comply with the regulations for single- family detached residential development.

Houses of worship shall comply with the regulations in § 166-138.4.

Libraries and schools shall comply with the regulations in § 166-138.4.

Home medical offices shall comply with the regulations in § 166-115.1.

Home occupations shall comply with the regulations in § 166-115.1.

Other regulations. In addition to the above requirements, any development in the R-30 zone district must comply with all applicable regulations of this chapter, including but not limited to the following:

The regulations for accessory buildings and roofed accessory structures in § 166-114 and § 166-118;

The regulations for outdoor storage in § 166-124;

The regulations for patios and decks in § 166-136;

The regulations for outdoor recreational facilities in § 166-136.1;

The regulations for antennas in § 166-138.1;

The regulations for fences and walls in § 166-138.2;

The regulations for family day-care homes in § 166-138.3;

The regulations for solar or photovoltaic energy facilities and structures in § 166-138.5.1;

The regulations for the keeping of animals in § 166-136.2;

The regulations for signs in Article XX; and

The regulations for driveways and off-street parking facilities as in Article XXIII.

§ 166-168 District regulations.

Permitted principal uses and structures. The following principal uses and structures shall be permitted in the R-25 Zone District:

Single-family residential uses in detached single-family residential structures;

Community residences and shelters;

Public buildings and uses;

Houses of worship;

Public libraries and schools limited to those included within the definition of institutional uses" in § 166-4;

Home medical offices permitted by § 166-115.1; and

Home occupations permitted by § 166-115.1.

Conditional uses and structures. No conditional uses and structures shall be permitted in the R-25 District.

Permitted accessory uses and structures. The following accessory uses and structures shall be permitted in the R-25 Zone District:

Accessory buildings and roofed accessory structures permitted by § 166-114 and § 166-118;

Outdoor storage permitted by § 166-124;

Patios and decks permitted by § 166-136;

Outdoor recreational facilities permitted by § 166-136.1;

The keeping of animals permitted by § 166-136.2;

Antennas permitted by § 166-138.1;

Fences and walls permitted by § 166-138.2;

Family day-care homes permitted by § 166-138.3;

Solar or photovoltaic energy facilities and structures permitted by § 166-138.5.1;

Signs permitted by Article XX;

Driveways and off-street parking facilities as permitted by § 166-154; and

Other accessory uses and structures customarily subordinate and incidental to permitted principal uses.

Lot and bulk regulations, single-family residential use. The following bulk and lot regulations shall apply to single-family residential development within the R-25 Zone District:

Minimum lot area. Each lot shall contain an area of at least 25,000 square feet.

Minimum lot width. Each lot shall have a width of at least 125 feet, measured parallel to and at a distance of 100 feet from the front lot line, and as set forth in the definition of "lot width" in § 166-4.

Minimum average lot width. Each lot shall have an average width of at least 125 feet within 160 feet of the front lot line, and as set forth in the definition of "lot width" in § 166-4.

Minimum lot frontage. Each lot shall comply with the frontage requirements of § 166-121.

Minimum lot depth. Each lot shall have a depth, as defined by § 166-4 of at least 160 feet.

Minimum front yard depth. Each front yard, as defined and regulated by § 166-4 and § 166-113, shall have a depth of at least 50 feet.

Minimum combined depth of both side yards. The combined depth of both side yards, as defined and regulated by § 166-4 and § 166-113, shall be the greater of:

The sum of the minimum side yard depth for each side yard, as set forth in Subsection E(7) above; or

Thirty percent of the lot width at a distance of 50 feet from the front lot line and as set forth in the definition of "lot width" in § 166-4.

Minimum rear yard depth. Each rear yard, as defined and regulated by § 166-4 and § 166-113, shall have a depth of at least 50 feet.

The height of the building shall be measured between the building roof and the lowest finished grade at any property line within 25 feet of the building.

The distance of the building from the property line shall be measured perpendicular to the property line.

No building shall be required to have a height of less than 30 feet above the lowest finished grade at the lot line within 25 feet of the building.

No building shall be permitted to have a height greater than 45 feet above the lowest finished grade at the lot line within 25 feet of the building.

If the building varies in height, the foregoing requirements shall apply independently to each portion of the building, based upon the height of such portion.

In case of conflict between the provisions of this Subsection E(11) and the maximum height limitations or the minimum yard requirements for the district, the more restrictive requirement shall apply.

The following diagrams illustrate the foregoing requirements:

Maximum floor area ratio. The floor area ratio on each lot, as defined and measured in § 166-4 and § 166-113.2, shall comply with the requirements set forth in § 166-113.1.

Maximum coverage by buildings and abovegrade structures. The building coverage on each lot, as defined by § 166-4, shall comply with the requirements set forth in § 166-113.1.

Maximum improvement coverage. The improvement coverage on each lot, as defined by § 166-4, shall comply with the requirements set forth in § 166-113.1.

Community residences and shelters shall comply with the regulations for single-family detached residential development.

Houses of worship shall comply with the regulations in § 166-138.4.

Libraries and schools shall comply with the regulations in § 166-138.4.

Home medical offices shall comply with the regulations in § 166-115.1.

Home occupations shall comply with the regulations in § 166-115.1.

Other regulations. In addition to the above requirements, any development in the R-25 Zone District must comply with all applicable regulations of this chapter, including but not limited to the following:

The regulations for accessory buildings and roofed accessory structures in § 166-114 and § 166-118;

The regulations for outdoor storage in § 166-124;

The regulations for patios and decks in § 166-136;

The regulations for outdoor recreational facilities in § 166-136.1;

The regulations for antennas in § 166-138.1;

The regulations for fences and walls in § 166-138.2;

The regulations for family day-care homes in § 166-138.3;

The regulations for solar or photovoltaic energy facilities and structures in § 166-138.5.1;

The regulations for the keeping of animals in § 166-136.2;

The regulations for signs in Article XX; and

The regulations for driveways and off-street parking facilities as in Article XXIII.

§ 166-170.1 District regulations.

Permitted principal uses and structures. The following principal uses and structures shall be permitted in the R-21 Zone District:

Single-family residential uses in detached single-family residential structures;

Community residences and shelters;

Public buildings and uses;

Houses of worship;

Public libraries and schools limited to those included within the definition of institutional uses" in § 166-4;

Home medical offices permitted by § 166-115.1; and

Home occupations permitted by § 166-115.1.

Conditional uses and structures. No conditional uses and structures shall be permitted in the R-21 District.

Permitted accessory uses and structures. The following accessory uses and structures shall be permitted in the R-21 Zone District:

Accessory buildings and roofed accessory structures permitted by § 166-114 and § 166-118;

Outdoor storage permitted by § 166-124;

Patios and decks permitted by § 166-136;

Outdoor recreational facilities permitted by § 166-136.1;

The keeping of animals permitted by § 166-136.2;

Antennas permitted by § 166-138.1;

Fences and walls permitted by § 166-138.2;

Family day-care homes permitted by § 166-138.3;

Solar or photovoltaic energy facilities and structures permitted by § 166-138.5.1;

Signs permitted by Article XX;

Driveways and off-street parking facilities as permitted by § 166-154; and

Other accessory uses and structures customarily subordinate and incidental to permitted principal uses.

Lot and bulk regulations, single-family residential use. The following bulk and lot regulations shall apply to single-family residential development within the R-21 Zone district:

Minimum lot area. Each lot shall contain an area of at least 21,000 square feet.

Minimum lot width. Each lot shall have a width of at least 110 feet, measured parallel to and at a distance of 75 feet from the front lot line, and as set forth in the definition of "lot width" in § 166-4.

Minimum average lot width. Each lot shall have an average width of at least 110 feet within 150 feet of the front lot line, and as set forth in the definition of "lot width" in § 166-4.

Minimum lot frontage. Each lot shall comply with the frontage requirements of § 166-121.

Minimum lot depth. Each lot shall have a depth, as defined by § 166-4, of at least 150 feet.

Minimum front yard depth. Each front yard, as defined and regulated by § 166-4 and § 166-113, shall have a depth of at least 50 feet.

Minimum combined depth of both side yards. The combined depth of both side yards, as defined and regulated by § 166-4 and § 166-113, shall be the greater of:

The sum of the minimum side yard depth for each side yard, as set forth in Paragraph E.(7) above; or

Thirty percent of the lot width at a distance of 50 feet from the front lot line and as set forth in the definition of "lot width" in § 166-4.

Minimum rear yard depth. Each rear yard, as defined and regulated by § 166-4 and § 166-113, shall have a depth of at least 50 feet.

Maximum building height. Principal buildings shall not exceed a height, as set forth in the definition of "height of building or structure" in § 166-4 of 35 feet, and no principal building shall contain more than 2 1/2 stories above finished grade.

The height of the building shall be measured between the building roof and the lowest finished grade at any property line within 25 feet of the building.

The distance of the building from the property line shall be measured perpendicular to the property line.

No building shall be required to have a height of less than 30 feet above the lowest finished grade at the lot line within 25 feet of the building.

No building shall be permitted to have a height greater than 45 feet above the lowest finished grade at the lot line within 25 feet of the building.

If the building varies in height, the foregoing requirements shall apply independently to each portion of the building, based upon the height of such portion.

In case of conflict between the provisions of this Subsection E(11) and the maximum height limitations or the minimum yard requirements for the district, the more restrictive requirement shall apply.

The following diagrams illustrate the foregoing requirements:

Maximum floor area ratio. The floor area ratio on each lot, as defined and measured in § 166-4 and § 166-113.2, shall comply with the requirements set forth in § 166-113.1.

Maximum coverage by buildings and abovegrade structures. The building coverage on each lot, as defined by § 166-4, shall comply with the requirements set forth in § 166-113.1.

Maximum improvement coverage. The improvement coverage on each lot, as defined by § 166-4, shall comply with the requirements set forth in § 166-113.1.

Community residences and shelters shall comply with the regulations for single-family detached residential development.

Houses of worship shall comply with the regulations in § 166-138.4.

Libraries and schools shall comply with the regulations in § 166-138.4.

Home medical offices shall comply with the regulations in § 166-115.1.

Home occupations shall comply with the regulations in § 166-115.1.

Other regulations. In addition to the above requirements, any development in the R-21 Zone District must comply with all applicable regulations of this chapter, including but not limited to the following:

The regulations for accessory buildings and roofed accessory structures in § 166-114 and § 166-118;

The regulations for outdoor storage in § 166-124;

The regulations for patios and decks in § 166-136;

The regulations for outdoor recreational facilities in § 166-136.1;

The regulations for antennas in § 166-138.1;

The regulations for fences and walls in § 166-138.2;

The regulations for family day-care homes in § 166-138.3;

The regulations for solar or photovoltaic energy facilities and structures in § 166-138.5.1;

The regulations for the keeping of animals in § 166-136.2;

The regulations for signs in Article XX; and

The regulations for driveways and off-street parking facilities as in Article XXIII.

§ 166-171 District regulations.

Permitted principal uses and structures. The following principal uses and structures shall be permitted in the R-15 Zone District:

Single-family residential uses in detached single-family residential structures;

Community residences and shelters;

Public buildings and uses;

Houses of worship;

Public libraries and schools limited to those included within the definition of institutional uses" in § 166-4;

Home medical offices permitted by § 166-115.1; and

Home occupations permitted by § 166-115.1.

Conditional uses and structures. No conditional uses and structures shall be permitted in the R-15 District.

Permitted accessory uses and structures. The following accessory uses and structures shall be permitted in the R-15 Zone District:

Accessory buildings and roofed accessory structures permitted by § 166-114 and § 166-118;

Outdoor storage permitted by § 166-124;

Patios and decks permitted by § 166-136;

Outdoor recreational facilities permitted by § 166-136.1;

The keeping of animals permitted by § 166-136.2;

Antennas permitted by § 166-138.1;

Fences and walls permitted by § 166-138.2;

Family day-care homes permitted by § 166-138.3;

Solar or photovoltaic energy facilities and structures permitted by § 166-138.5.1;

Signs permitted by Article XX;

Driveways and off-street parking facilities as permitted by § 166-154; and

Other accessory uses and structures customarily subordinate and incidental to permitted principal uses.

Lot and bulk regulations, single-family residential use. The following bulk and lot regulations shall apply to single-family residential development within the R-15 Zone District:

Minimum lot area. Each lot shall contain an area of at least 15,000 square feet.

Minimum lot width. Each lot shall have a width of at least 100 feet, measured parallel to and at a distance of 50 feet from the front lot line, and as set forth in the definition of "lot width" in § 166-4.

Minimum average lot width. Each lot shall have an average width of at least 100 feet within 120 feet of the front lot line, and as set forth in the definition of "lot width" in § 166-4.

Minimum lot frontage. Each lot shall comply with the frontage requirements of § 166-121.

Minimum lot depth. Each lot shall have a depth, as defined by § 166-4, of at least 120 feet.

Minimum front yard depth. Each front yard, as defined and regulated by § 166-4 and § 166-113 shall have a depth of at least 40 feet; provided, however, that when the average front yard depth on properties in the same zone district and on the same side of the street within 200 feet of the subject property is greater or less than 40 feet, then the minimum front yard depth shall not be less than such average front yard depth, except the minimum front yard depth shall not be required to be greater than 50 feet.

Minimum combined depth of both side yards. The combined depth of both side yards, as defined and regulated by § 166-4 and § 166-113, shall be the greater of:

The sum of the minimum side yard depth for each side yard, as set forth in Subsection E(7) above; or

Thirty percent of the lot width at a distance of 50 feet from the front lot line and as set forth in the definition of "lot width" in § 166-4.

Minimum rear yard depth. Each rear yard, as defined and regulated by § 166-4 and § 166-113, shall have a depth of at least 40 feet.

The height of the building shall be measured between the building roof and the lowest finished grade at any property line within 25 feet of the building.

The distance of the building from the property line shall be measured perpendicular to the property line.

No building shall be required to have a height of less than 30 feet above the lowest finished grade at the lot line within 25 feet of the building.

No building shall be permitted to have a height greater than 45 feet above the lowest finished grade at the lot line within 25 feet of the building.

If the building varies in height, the foregoing requirements shall apply independently to each portion of the building, based upon the height of such portion.

In case of conflict between the provisions of this Subsection E(11) and the maximum height limitations or the minimum yard requirements for the district, the more restrictive requirement shall apply.

The following diagrams illustrate the foregoing requirements:

Maximum floor area ratio. The floor area ratio on each lot, as defined and measured in § 166-4 and § 166-113.2, shall comply with the requirements set forth in § 166-113.1.

Maximum coverage by buildings and abovegrade structures. The building coverage on each lot, as defined by § 166-4, shall comply with the requirements set forth in § 166-113.1.

Maximum improvement coverage. The improvement coverage on each lot, as defined by § 166-4, shall comply with the requirements set forth in § 166-113.1.

Community residences and shelters shall comply with the regulations for single-family detached residential development.

Houses of worship shall comply with the regulations in § 166-138.4.

Libraries and schools shall comply with the regulations in § 166-138.4.

Home medical offices shall comply with the regulations in § 166-115.1.

Home occupations shall comply with the regulations in § 166-115.1.

Other regulations. In addition to the above requirements, any development in the R-15 Zone District must comply with all applicable regulations of this chapter, including but not limited to the following:

The regulations for accessory buildings and roofed accessory structures in § 166-114 and § 166-118;

The regulations for outdoor storage in § 166-124;

The regulations for patios and decks in § 166-136;

The regulations for outdoor recreational facilities in § 166-136.1;

The regulations for antennas in § 166-138.1;

The regulations for fences and walls in § 166-138.2;

The regulations for family day-care homes in § 166-138.3;

The regulations for solar or photovoltaic energy facilities and structures in § 166-138.5.1;

The regulations for the keeping of animals in § 166-136.2;

The regulations for signs in Article XX; and

The regulations for driveways and off-street parking facilities as in Article XXIII.

§ 166-174 District regulations.

Permitted principal uses and structures. The following principal uses and structures shall be permitted in the R-10 Zone District:

Single-family residential uses in detached single-family residential structures;

Community residences and shelters;

Public buildings and uses;

Houses of worship;

Public libraries and schools limited to those included within the definition of "institutional uses" in § 166-4;

Home medical offices permitted by § 166-115.1; and

Home occupations permitted by § 166-115.1.

Conditional uses and structures. No conditional uses and structures shall be permitted in the R-10 District.

Permitted accessory uses and structures. The following accessory uses and structures shall be permitted in the R-10 Zone district:

Accessory buildings and roofed accessory structures permitted by § 166-114 and § 166-118;

Outdoor storage permitted by § 166-124;

Patios and decks permitted by § 166-136;

Outdoor recreational facilities permitted by § 166-136.1;

The keeping of animals permitted by § 166-136.2;

Antennas permitted by § 166-138.1;

Fences and walls permitted by § 166-138.2;

Family day-care homes permitted by § 166-138.3;

Solar or photovoltaic energy facilities and structures permitted by § 166-138.5.1;

Signs permitted by Article XX;

Driveways and off-street parking facilities as permitted by § 166-154; and

Other accessory uses and structures customarily subordinate and incidental to permitted principal uses.

Lot and bulk regulations, single-family residential use. The following bulk and lot regulations shall apply to single-family residential development within the R-10 Zone District:

Minimum lot area. Each lot shall contain an area of at least 10,500 square feet.

Minimum lot width. Each lot shall have a width of at least 70 feet, measured parallel to and at a distance of 50 feet from the front lot line, and as set forth in the definition of "lot width" in § 166-4.

Minimum average lot width. Each lot shall have an average width of at least 70 feet within 120 feet of the front lot line, and as set forth in the definition of "lot width" in § 166-4.

Minimum lot frontage. Each lot shall comply with the frontage requirements of § 166-121.

Minimum lot depth. Each lot shall have a depth, as defined by § 166-4, of at least 120 feet.

Minimum front yard depth. Each front yard, as defined and regulated by § 166-4 and § 166-113, shall have a depth of at least 40 feet; provided, however, that when the average front yard depth on properties in the same zone district and on the same side of the street within 200 feet of the subject property is greater or less than 40 feet, then the minimum front yard depth shall not be less than such average front yard depth, except the minimum front yard depth shall not be required to be greater than 50 feet.

Minimum depth of each side yard. Each side yard, as defined and regulated by § 166-4 and § 166-113, shall have a depth of at least 10 feet, for principal buildings up to 25 feet high. For principal buildings greater than 25 feet high, each side yard, as defined and regulated by § 166-4 and § 166-113, shall have a depth of at least 15 feet. 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.

Minimum combined depth of both side yards. The combined depth of both side yards, as defined and regulated by § 166-4 and § 166-113, shall be the greater of:

The sum of the minimum side yard depth for each side yard, as set forth in Subsection E(7) above; or

Thirty percent of the lot width at a distance of 50 feet from the front lot line and as set forth in the definition of "lot width" in § 166-4.

Minimum rear yard depth. Each rear yard, as defined and regulated by § 166-4 and § 166-113, shall have a depth of at least 40 feet.

Maximum height-setback ratio. The height of the principal building shall not be greater than 2.6 times the distance of the building from any property line located within 25 feet of the building, except as provided otherwise below. For purposes of administering this requirement, the following shall apply:

The height of the building shall be measured between the building roof and the lowest finished grade at any property line within 25 feet of the building.

The distance of the building from the property line shall be measured perpendicular to the property line.

No building shall be required to have a height of less than 30 feet above the lowest finished grade at the lot line within 25 feet of the building.

No building shall be permitted to have a height greater than 45 feet above the lowest finished grade at the lot line within 25 feet of the building.

If the building varies in height, the foregoing requirements shall apply independently to each portion of the building, based upon the height of such portion.

In case of conflict between the provisions of this Subsection E(11) and the maximum height limitations or the minimum yard requirements for the district, the more restrictive requirement shall apply.

The following diagrams illustrate the foregoing requirements:

Maximum floor area ratio. The floor area ratio on each lot, as defined and measured in § 166-4 and § 166-113.2, shall comply with the requirements set forth in § 166-113.1.

Maximum coverage by buildings and above grade structures. The building coverage on each lot, as defined by § 166-4, shall comply with the requirements set forth in § 166-113.1.

Maximum improvement coverage. The improvement coverage on each lot, as defined by § 166-4, shall comply with the requirements set forth in § 166-113.1.

Community residences and shelters shall comply with the regulations for single-family detached residential development.

Houses of worship shall comply with the regulations in § 166-138.4.

Libraries and schools shall comply with the regulations in § 166-138.4.

Home medical offices shall comply with the regulations in § 166-115.1.

Home occupations shall comply with the regulations in § 166-115.1.

Other regulations. In addition to the above requirements, any development in the R-10 Zone District must comply with all applicable regulations of this chapter, including but not limited to the following:

The regulations for accessory buildings and roofed accessory structures in § 166-114 and § 166-118;

The regulations for outdoor storage in § 166-124;

The regulations for patios and decks in § 166-136;

The regulations for outdoor recreational facilities in § 166-136.1;

The regulations for antennas in § 166-138.1;

The regulations for fences and walls in § 166-138.2;

The regulations for family day-care homes in § 166-138.3;

The regulations for solar or photovoltaic energy facilities and structures in § 166-138.5.1;

The regulations for the keeping of animals in § 166-136.2;

The regulations for signs in Article XX; and

The regulations for driveways and off-street parking facilities as in Article XXIII.

§ 166-176.1 Purpose and intent.

The R-10A District is intended to promote and encourage the development of the zone for single-family detached or townhouse dwelling units having a common open space area in accordance with appropriate standards.

§ 166-176.2 Permitted principal uses.

The following principal uses and structures shall be permitted in the R-10A Zone District:

Single-family detached dwelling units.

Townhouse dwelling units.

Any use permitted in all zone districts or in all residential zone districts by Chapter 166, Land Use and Development, of the Code of the Township of Hanover.

§ 166-176.3 Permitted accessory uses.

Permitted accessory uses shall be limited to those uses customarily incidental to permitted principal uses in the district, subject to the prohibitions in § 166-176.4. The permitted accessory uses may include, but are not limited to:

Driveways and walkways.

Decks, patios, porches and steps.

Off-street parking areas.

Fences and walls.

Signs in accordance with § 166-142 of this chapter.

§ 166-176.4 Prohibited uses and structures.

Any use other than the uses permitted by §§ 166-176.2 and 166-176.3 above shall be prohibited. In addition, the following uses and structures shall be specifically prohibited:

Swimming pools, wading pools and other similar water features.

Detached garages, sheds, gazebos, tents and other detached accessory buildings.

Outdoor play equipment, including but not limited to swings, slides, tree houses, play/climbing structures, sand boxes, tennis or racquet courts, basketball courts and hoops. The foregoing shall not be construed to prohibit barbecue equipment located on a deck, porch or patio.

Outdoor storage of commercial vehicles, boats, trailers, campers and similar vehicles. This shall not be construed to prohibit the parking of personal vehicles used on a daily basis permitted and regulated by § 166-124B(1).

§ 166-176.5 Regulations for single-family detached dwelling units.

In addition to any other applicable requirements of this chapter or any other applicable requirement, the following requirements shall apply to development of single-family detached dwelling units within the R-10A Zone District. For the purposes of administering these requirements, a parcel of land occupied by only one dwelling in a multiple dwelling development, such as in a condominium form of ownership, shall not be considered a "lot."

Minimum lot/tract area: 3.5 acres (152,460 square feet), exclusive of any public street rights-of-way, road widening easements and road widening dedications for such streets.

Maximum density: 4.35 dwelling units per acre, exclusive of any public street rights-of-way, road widening easements and road widening dedications for such streets. In addition, no more than four bedrooms per dwelling shall be permitted.

Minimum yard depths. The minimum yard depths applicable to buildings shall be as follows:

Fifty feet between any public street right-of-way or any road widening easements, whichever is more restrictive, and the closest point of any building wall, or support column in the case of roofed areas without walls, but excluding roof overhangs beyond walls and support columns.

Twenty feet between the edge of pavement of any private roadway, or 25 feet in the case of a private roadway with a sidewalk, and the closest point of any building wall, or support column in the case of roofed areas without walls, but excluding roof overhangs beyond walls and support columns.

Forty feet abutting any other tract boundary and the closest point of any building wall, or support column in the case of roofed areas without walls, but excluding roof overhangs beyond walls and support columns; provided however, that a minimum yard depth of 35 feet shall be permitted for up to one half of the dwellings in the development. The location of the reduced thirty-five-foot yard depths shall be where such reduced depth will have a lessened impact on adjacent properties, as determined by the Planning Board during the site plan review process and made a condition of any approval that may be granted, In those locations where a yard depth of less than 40 feet is proposed, the Board may, at its discretion, require an increase in buffer depth, planting density or other enhanced buffer/screening techniques.

Minimum distance between dwellings. The following minimum dimensions shall separate principal buildings, with such distance measured between the closest points of building walls, or support columns in the case of roofed areas without walls, but excluding roof overhangs without support columns:

Front wall facing front wall: 70 feet.

Front wall facing rear wall: 60 feet.

Front wall facing end/side wall: 50 feet.

End/side wall facing end/side wall: 16 feet.

End/side wall facing rear wall: 30 feet.

Rear wall facing rear wall: 45 feet.

Maximum height of principal buildings: 2 1/2 stories and 35 feet.

Maximum floor area ratio: 35% of the lot/tract area, cumulative for all buildings including the area of any private roadway, but excluding the right-of-way and any road widening easement or dedication for public streets.

Maximum building coverage: 20% of the lot/tract area, cumulative for all buildings including the area of any private roadway, but excluding the right-of-way and any road widening easement or dedication for public streets.

Maximum improvement coverage: 40% of the lot/tract area, cumulative for all buildings, including the area of any private roadway, but excluding the right-of-way and any road widening easement or dedication for public streets.

§ 166-176.6 Regulations for townhouse dwelling units.

In addition to any other applicable requirements of this chapter or any other applicable requirement, the following requirements shall apply to development of townhouse dwelling units within the R-10A Zone District. For the purposes of administering these requirements, a parcel of land occupied by only one dwelling in a multiple dwelling development, such as in a condominium form of ownership, shall not be considered a "lot."

Minimum lot/tract area: 3.5 acres (152,460 square feet), exclusive of any public street rights-of-way, road widening easements and road widening dedications for such streets.

Maximum density: 4.1 dwelling units per acre, exclusive of any public street rights-of-way, road widening easements and road widening dedications for such streets. In addition, no more than four bedrooms per dwelling shall be permitted.

Minimum yard depths. The minimum yard depths applicable to buildings shall be as follows:

Front wall facing front wall: 70 feet.

Front wall facing rear wall: 60 feet.

Front wall facing end/side wall: 50 feet.

End/side wall facing end/side wall: 20 feet.

End/side wall facing rear wall: 30 feet.

Rear wall facing rear wall: 45 feet.

Maximum height of principal buildings: 2 1/2 stories and 35 feet.

Maximum floor area ratio: 35% of the lot/tract area, cumulative for all buildings, including the area of any private roadway, but excluding the right-of-way and any road widening easement or dedication for public streets.

Maximum building coverage: 21% of the lot/tract area, cumulative for all buildings, including the area of any private roadway, but excluding the right-of-way and any road widening easement or dedication for public streets.

Maximum improvement coverage: 38% of the lot/tract area, cumulative for all buildings, including the area of any private roadway, but excluding the right-of-way and any road widening easement or dedication for public streets.

§ 166-176.7 Regulations applicable to both single-family detached and townhouse dwelling units.

Common areas. Within any development, all yard areas and other open areas not occupied by buildings, except for any public streets, shall be maintained in single ownership. The maintenance of such common areas shall be subject to the provisions in § 166-103F.

Garages. Garages accessory to dwellings shall be subject to the following requirements:

All garages shall be attached to the dwelling unit that they serve.

The cumulative width of garage door openings for each dwelling shall not exceed 18 feet.

Driveways. Driveways serving dwellings shall be subject to the following requirements:

Driveway location. Driveway access to individual dwelling units shall be prohibited from North Jefferson Road, Park Avenue or Whippany Road. The foregoing shall not be construed to prohibit shared access to such streets via a driveway or roadway serving multiple units and located internal to the development, subject to the provisions in Subsection C(2) below:

Maximum number of driveways: one driveway providing access to individual dwelling units shall be permitted for each dwelling, subject to the provisions in Subsection C(1) above. One driveway providing shared access for multiple dwelling units within the development shall be permitted to/from each of North Jefferson Road, Park Avenue and Whippany Road.

Maximum driveway width: 20 feet for driveways serving individual dwelling units.

Minimum distance between driveways: 10 feet for single-family detached dwellings.

Minimum driveway length: 20 feet, measured from the edge of the pavement of the roadway from which the driveway provides access or from the sidewalk along such roadway, whichever is more restrictive. Driveways shall be designed to allow vehicles to park in the driveway without encroaching into the roadway or into the sidewalk along the roadway, or that portion of the driveway used by pedestrians using the sidewalk.

Decks, patios and porches. Decks, patios and porches shall be subject to the following requirements:

Porches at the front or side of dwellings shall comply with the setback and dimensional requirements applicable to the dwellings.

Patios and decks shall only be permitted to be located at the rear of dwellings, provided, however, that no decks shall be permitted at the rear of a dwelling when the rear of the dwelling faces a public street; only patios, recessed porches and steps shall be permitted in such locations. In such locations, any recessed porches and steps shall be at or below the first or ground floor of the dwelling.

Patios and porches located at the rear of dwellings shall be located at least 50 feet from any public street, measured from the right-of-way and any widening easement or dedication for such street.

Decks, patios and porches located at the rear of dwellings shall be located at least 25 feet from all property lines other than public streets.

The requirements of § 166-136 shall apply, except where such requirements conflict with this subsection.

Fences and walls. Fences and walls shall be subject to the following requirements:

A fence or wall at least four feet high, but not more than six feet high, shall be required at the tract boundary, except for the frontage on any streets, to separate and screen any development from surrounding properties. Such fence shall be designed to prevent views through the fence. The use of chain link material for such fence shall be prohibited.

The only other fences that shall be permitted shall be a fence along the frontage with North Jefferson Road as regulated by § 166-138.2, privacy fences located adjacent to patios or decks, or safety fencing for any stormwater detention or retention basins. Said privacy fences shall not exceed a height of six feet.

Fences or walls shall not be used to separate dwellings or to separate yard areas for individual dwellings.

§ 166-177 Primary intended use.

[Amended 6-13-1996 by Ord. No. 6-96]

This R-M Residential-Multifamily Zone District is designed to accommodate various types of residential units, including single-family detached, two-family dwellings, single-family attached (townhouses), multifamily dwellings (garden apartments) at a gross density of 13 dwelling units per acre, conditioned upon the provision of a twenty-two-percent set-aside for low- and moderate-income housing units. In the event that an owner shall seek to develop at a gross density of less than 13 dwelling units per acre, the owner or developer seeking to so develop shall be required to provide the same number of low- and moderate-income units as if the land were developed on the basis of 13 units per acre with a twenty-two-percent set-aside for low- and moderate-income units unless the Planning Board shall grant a variance to this requirement. This zone was created for the purposes of settlement of Morris County Fair Housing Council v. Township of Boonton L-6001-78 P.W. insofar as the case involves the Township of Hanover. Community residences for the developmentally disabled or mentally ill persons, community shelters for victims of domestic violence, and community residences for persons with head injuries are also permitted, subject to the same regulations applicable to the type of building containing such residence or shelter in the district. In the event that there is any conflict between the standards established for this R-M Zone and other sections of this chapter not related to health and safety, the standards as set forth herein shall prevail.

§ 166-178 Accessory uses.

Also permitted in this zone are accessory uses customarily incident and ancillary to the various permitted principal uses outlined above. These accessory uses may include:

Personal recreation facilities.

Accessory buildings.

Off-street parking, streets and driveways.

Garages.

Fences.

Signs.

All fences and signs shall be subject to § 166-138.2 and Planning Board approval as to design and height.

[Amended 10-9-2014 by Ord. No. 38-14]

§ 166-179 Prohibited uses.

Any use other than those uses listed in § 166-177 above is prohibited.

§ 166-180 Required conditions.

[Amended 12-26-1985 by Ord. No. 31-85; 8-11-1988 by Ord. No. 19-88; 12-9-1999 by Ord. No. 28-99; 12-13-2018 by Ord. No. 44-18; 12-12-2024 by Ord. No. 31-2024]

The following requirements must be complied with in the R-M Zone:

Height. No single-family detached, single-family attached nor two-family dwelling shall exceed 2 1/2 stories; provided, however, that said building is not higher than 35 feet. No multifamily apartment building for other than senior citizens shall exceed three stories; provided, however, that said building is not higher than 40 feet, and no multifamily apartment building for senior citizens shall exceed four stories; provided, however, that said senior citizen building is not higher than 45 feet.

Bulk requirements for individual lots. The following bulk requirements shall be complied with for individual lots:

Front yard. There shall be a front yard setback of 25 feet for single-family detached dwellings, two-family dwellings and single-family attached dwellings. There shall be a front yard setback for multifamily dwellings of 30 feet.

Side yards. There shall be two side yards, and no side yard shall be less than six feet; provided, however, that the aggregate width of the two side yards combined shall not be less than 20 feet for all structures.

Rear yard. There shall be a rear yard setback of 20 feet for all structures.

Minimum lot size. Every individual lot developed with a single-family detached dwelling shall have a minimum lot size of 5,000 square feet with a minimum lot width of 50 feet. Every individual lot developed with a two-family dwelling shall have a minimum lot size of 6,000 square feet with a minimum lot width of 60 feet.

Maximum gross density. The maximum gross density for any project shall be 13 dwelling units per acre; provided, however, that any project that contains senior citizen dwelling units for low- and moderate-income households shall be permitted to increase the maximum gross density throughout the project by 0.02 dwelling unit per acre for each low- and moderate-income senior citizen dwelling unit constructed up to a maximum gross density of 14 dwelling units per acre. In the event that an owner develops at a gross density of less than 13 dwelling units per acre, he shall be required to still provide the number of low- and moderate-income units as hereinafter set forth in Subsection M(1) of this section. For the purpose of administering this section, any project that is traversed by an existing public street, resulting in parts of said project being located on two or more separate parcels of land, shall be construed as one project, and all density and set-aside requirements shall be calculated on the basis of lands contained within the entire project.

Building coverage. Not more than 30% of the land area of any lot shall be covered by any buildings.

Usable open space. There shall be usable open space for single-family attached and multifamily dwellings of not less than 20%, which shall be exclusive of roads, parking areas, buffers, walkways and buildings.

Minimum setbacks. There shall be a minimum setback of 25 feet from any internal roadway and 10 feet from any driveway or parking area and 20 feet from any other property line.

Minimum distance between buildings. No building shall be closer to another building than 20 feet.

Exterior access. No dwelling unit above the first floor shall have its sole access directly to the outside of the building via an open porch or stairway.

Minimum tract size. No development project shall be permitted on a tract of less than 10 acres; provided, however, that any development project that is traversed by an existing public street, resulting in parts of the project being located on two or more separate parcels of land, shall be construed as one project for the purpose of meeting this ten-acre minimum tract size requirement.

Recreation. All developments of between 10 and 50 dwelling units shall provide 250 square feet of land per unit, which shall be in a usable configuration for play lots, or a shaded area for the elderly or other space for recreation which is appropriate for that development. Developments of larger than 50 units shall provide for an additional 20 square feet per unit above 50 units for such purposes. In large developments, such space shall be subdivided into two or more usable areas, distributed throughout the development so as to be convenient to residents.

Off-street parking. Off-street parking shall be provided as required by § 166-154 and by the New Jersey Residential Site Improvement Standards (N.J.A.C. 5:21-1 et seq.).

Street widths, shoulders, rights-of-way. Street widths, shoulders and rights-of-way shall meet the following minimum standards:

Paved street widths.

Collector streets. All collector streets shall have a pavement width of 36 feet between a masonry curb of at least six inches in height constructed on both sides of the street.

Minor streets. All internal streets shall have a pavement width of 22 feet between a battered curb of at least six inches in height constructed on both sides of the street; provided, however, that culs-de-sac less than 300 feet in length need not be wider than 20 feet between curbs.

Shoulders. A planted shoulder of at least 8 1/2 feet shall be provided on either side of the paved roadway.

Rights-of-way. The total right-of-way to be reserved shall be computed by adding the shoulder requirement to the paved roadway width required.

Road gradients. Road gradients shall not be less than 0.5% for any road. The maximum gradient shall be 15% for minor streets and 10% for collector streets.

Culs-de-sac. Culs-de-sac shall serve a maximum of 25 units or shall not be longer than 1,000 feet, whichever is less. The paved right-of-way of a cul-de-sac turnaround shall be at least 80 feet in diameter, and the right-of-way radius shall not be less than 50 feet.

Low- and moderate-income housing requirements.

At least 11% of the maximum total number of residential dwelling units permitted within each development in the R-M Zone shall be made affordable and sold or rented to low-income persons, and 11% of the maximum total number of residential dwelling units permitted within each development in the R-M Zone shall be made affordable and sold or rented to moderate-income persons. For the purpose of administering this provision, the maximum total number of residential dwelling units permitted shall be determined by multiplying the total gross acreage of the tract by 13.

All low- and moderate-income housing units shall comply with the following housing standards:

Bedroom distribution. The number of bedrooms in affordable units shall be in accordance with N.J.A.C. 5:93-7.3.

Minimum unit floor area. Each unit shall contain a minimum floor area in accordance with the following schedule:

Efficiency units: 550 square feet.

One-bedroom units: 600 square feet.

Two-bedroom units: 750 square feet.

Three-bedroom units: 950 square feet.

Unit maximum occupancy restrictions. The occupancy of each unit shall be in accordance with the following schedule (habitable rooms and habitable floor areas do not include attic, basement or garage areas or toilet compartments):

Efficiency units: 2 persons.

One-or-more-bedroom units: one person per habitable room.

All units: one person for the first 150 square feet of habitable floor area, plus one additional person for each additional 100 square feet of habitable floor area.

All units: one person for the first 70 square feet of bedroom floor area, plus one additional person for each additional 50 square feet of bedroom floor area.

Notwithstanding the foregoing Subsection M(2)(c), and in case of conflict, low- and moderate-income households will generally be referred to available housing units using the following standards for occupancy:

A maximum of two persons per bedroom.

Children of the same sex in the same bedroom.

Unrelated adults or persons of the opposite sex other than husband and wife in separate bedrooms.

Children not in the same bedroom with parents.

Each dwelling unit shall either be provided with a clothes washer and dryer or else the plumbing and electric connections shall be installed by the developer for the ready connection of said washers and dryers by the occupants of the housing units; provided, however, that in senior citizen mid-rise buildings, washers and dryers shall be provided in common areas.

Low- and moderate-income units shall utilize the same heating source as market units within the same development.

The developer shall agree to not impose any residency requirements upon prospective renters or purchasers of any low- or moderate-income housing units. The developer shall agree to not impose age requirements upon occupants of low- and moderate-income housing units, except that in units designated by the Planning Board as senior citizen units, which shall include a total of no more than 25 low-income housing units and 25 moderate-income units constructed in the R-M Zone pursuant to this chapter, the developer may be required to restrict sale or rental to eligible low- or moderate-income households comprised of persons over the age of 62 years.

Affirmative marketing. The developer shall prepare and submit an affirmative marketing plan consistent with Subchapter 11 of the Substantive Rules of the New Jersey Council on Affordable Housing (N.J.A.C. 5:93-11), and as provided herein. The affirmative marketing plan is a regional marketing strategy designed to attract buyers and/or renters of all majority and minority groups, regardless of sex, age or number of children, to housing units which are being marketed by a developer or sponsor of affordable housing. The plan is a continuing program and covers the period of deed restriction for affordability controls.

Administration responsibility. A Housing Committee, consisting of the Township's Business Administrator, Executive Assistant and Assistant to the Business Administrator, shall have the responsibility of administering the affirmative marketing plan.

Contents of plan. The affirmative marketing plan shall include the information required by N.J.A.C. 5:93-11.1(b).

Advertising program details. The advertising program shall be designed to reach all segments of the eligible population within the housing region. The plan shall describe the media to be used in advertising and publicizing the availability of housing and shall include the information required by N.J.A.C. 5:93-11.3(b).

Marketing process. The marketing process for available low- and moderate-income housing units shall begin at least four months prior to expected occupancy. In implementing the marketing program, there shall be at least one paid advertisement in a newspaper of general circulation within the housing region during the first week of the marketing program. Such advertisement shall include the information required by N.J.A.C. 5:93-11.3(c).

Application forms. Applications for low- and moderate-income housing units shall be available in several convenient locations, including, at a minimum, the Township Municipal Building, the Whippanong Library and at the developer's sales office. Applications shall be mailed to prospective applicants upon request.

Advertising cost responsibility. The cost for advertising low- and moderate-income housing units shall be the developer's responsibility.

Marketing for initial sales and rental. Marketing for the initial sales and/or rental of low- and moderate-income housing units shall be in accordance with N.J.A.C 5:93-11.4, which establishes the procedures to be followed in screening applicants and verifying incomes.

Continuing marketing activities. Marketing activities to ensure a current pool of income-eligible applicants shall continue following completion of initial occupancy. Such activities shall be in accordance with the provisions of N.J.A.C. 5:93-11.5.

Monitoring and reporting requirements. The affirmative marketing activities shall be monitored and evaluation reports filed with the New Jersey Council on Affordable Housing in accordance with the provisions of N.J.A.C. 5:93-11.6.

Phasing schedule.

The developer shall submit a phasing schedule for the construction of low- and moderate-income units. The phasing schedule shall provide that the number of low-income units constructed in each phase shall be approximately equal to the number of moderate-income units constructed in that phase. The developer may construct the first 20% of the market-rate units in the development before constructing any low- and moderate-income units. By the time 40% of the market-rate units have been constructed, at least 20% of the lower-income units must be constructed and sold or rented to lower-income households. No certificates of occupancy may be issued for market-rate units in excess of 20% of all market-rate units in the development until such sales or rentals have taken place.

By the time 60% of the market-rate units have been constructed, at least 40% of the lower income units must be constructed and sold or rented to lower-income households. No certificates of occupancy may be issued for market-rate units in excess of 40% of all market-rate units in the development until such sales or rentals have taken place.

By the time 80% of the market-rate units have been constructed, at least seventy percent 70% of the lower-income units must be constructed and sold or rented to lower-income households. No certificate of occupancy shall be issued for market-rate units in excess of 60% of all market-rate units in the development until such sales or rentals have taken place.

By the time 100% of the market-rate units have been constructed, 100% of the lower-income units must be constructed and sold or rented to lower-income households. No certificates of occupancy shall be issued for market-rate units in excess of 80% of all market-rate units in the development until such sales or rentals have taken place.

Continuing controls on affordability. The developer shall submit a plan for controls on affordability in accordance with N.J.A.C. 5:93-9 to provide assurances that low- and moderate-income housing units remain affordable over time and that such units are occupied by low- and moderate-income households. The following provisions shall apply:

Income verification and certification shall follow the procedures set forth in N.J.A.C. 5:93-9-1.

The length of affordability controls shall be as set forth in N.J.A.C. 5:93-9.2 and shall be for a period of at least 30 years for new housing units.

All affordable housing units shall be controlled by a deed restriction and mortgage lien in a form approved by the New Jersey Council on Affordable Housing, and in accordance with the rules in N.J.A.C. 5:93-9. Furthermore, the deed restriction shall include provisions requiring the payment of a fee in accordance with Subsection M(6)(f) below.

Initial rent and sales prices shall be in accordance with N.J.A.C. 5:93-7.4. Thereafter, rent and sales prices shall be in accordance with N.J.A.C. 5:93-9.

To assist the Township in defraying any and all administrative costs associated with the Township's Affordable Housing Program, the seller of a low- or moderate-income housing unit shall pay the Administrative Agent for the Township the sum of 1.25% of the sale price upon resale of the unit.

A developer in the R-M Zone may request the Planning Board and/or the Township to further increase densities, to waive or modify cost-generating requirements in the Zoning, Subdivision or Site Plan Ordinance,[1] to waive or reduce fees or to grant tax abatement to the extent authorized by law if the developer determines that such actions are necessary to provide the twenty-two-percent low- and moderate-income housing. A developer may choose one of three impartial housing experts from a list prepared by the Planning Board and may have the expert make recommendations, at the expense of the developer, on the necessity for the proposed waivers, modifications or other actions. The expert shall also consider whether the requirements for which the waiver or modification is sought are necessary minimum standards required for public health and safety. In the event that the expert determines that, even after full municipal cooperation, it is not economically feasible for the developer to provide the full amount of affordable low- and moderate-income units as herein defined, the expert may recommend that the developer provide 13% moderate-income and 9% low-income units. Such a modification in the low and moderate obligation shall not be approved unless the expert determines that the Township has substantially complied with his recommendations for municipal actions to reduce costs. In the event that the Planning Board declines to accept one or more of the recommendations of the expert, it shall detail its reasons in writing.

Editor's Note: See Parts 4 and 5 of this chapter.

Upon the construction of 250 units of affordable low- and moderate-income households pursuant to this section, the Planning Board, in its discretion, may refuse to consider further applications for site plan approval for townhouses or garden apartments.

Application fee. Every application for development within the R-M Residential-Multifamily District shall be accompanied by a site plan fee as set forth in Article VII, Fees, under § 166-48A(1)(b)[2][b].

Recycling plan. Every housing development project that takes place in the R-M Zone shall make provision for a recycling area on site that complies with those provisions as set forth in §§ 166-86 and 166-92E.

§ 166-180.4 Purpose and intent.

[Amended 3-11-2010 by Ord. No. 11-10; 7-14-2016 by Ord. No. 20-16; 12-14-2017 by Ord. No. 26-2017]

The purpose and intent of the RM-2 Zone District is to encourage limited multifamily and single-family residential development and the preservation of open space through appropriate standards. The standards are designed to encourage multifamily residential development in a manner that concentrates such development within a limited area and results in the preservation of open space in the adjacent PU Zone District. Single-family residential development is permitted as an alternative to multifamily development when the standards for multifamily development cannot be complied with.

§ 166-180.5 Primary intended uses.

[Amended 3-11-2010 by Ord. No. 11-10; 12-14-2017 by Ord. No. 26-2017]

The following principal uses and structures shall be permitted in the RM-2 Zone District:

Single-family attached dwellings, also known as "townhouses."

Multifamily apartment buildings.

Buildings combining a mixture of townhouse and apartment dwellings.

Single-family detached dwellings.

§ 166-180.6 Accessory uses.

[Amended 12-14-2017 by Ord. No. 26-2017]

Permitted accessory uses shall be limited to those uses customarily incidental to the permitted principal uses in the district.

Permitted accessory uses to single-family attached and multifamily residential developments shall include, but not be limited to, clubhouses, pools, tennis courts and similar personal recreation facilities for the exclusive use of the residents and guests of the development, plus gatehouses and gates.

Permitted accessory uses to single-family detached residential developments shall be as permitted in the R-25 District.

§ 166-180.7 Prohibited uses.

Any use other than the uses permitted by §§ 166-180.5 and 166-180.6 above shall be prohibited.

§ 166-180.8 Lot, bulk, intensity of use and other regulations.

In addition to any other applicable requirements of this chapter or any other applicable requirement, the following requirements shall apply to development within the RM-2 Zone District:

Single-family detached dwellings shall be subject to the regulations for such dwellings in the R-25 Zone District.

Townhouses and apartment buildings shall be subject to the following regulations:

Minimum tract area. The minimum tract area shall be 50 acres. For purposes of administering this requirement, the tract area shall include any property located in the RM-2 District or within the adjacent PU District owned by the housing unit developer and which is, or is proposed by the developer to be, restricted in perpetuity for open space and recreational use or any permitted public use, whether or not such property is located on the same lot as the dwelling units.

Maximum tract density. The maximum density shall be 2.7 dwelling units per acre of the tract. For purposes of administering this requirement, the tract area shall include any property located in the RM-2 District owned by the developer, plus any area within the adjacent PU District owned by the housing unit developer and which is, or is proposed by the developer to be, restricted in perpetuity for open space and recreational use or any permitted public use, whether or not such property in the PU District is located on the same lot as the property in the RM-2 District.

[Amended 12-14-2017 by Ord. No. 26-2017]

Minimum front yard, buildings.

One hundred feet from Route 10.

Seventy-five feet from Jefferson Road.

Forty feet from any other street right-of-way line.

Minimum side and rear yards, buildings: 40 feet.

Minimum setback from center line of Stoney Brook: 75 feet (buildings); 50 feet (paved areas). No site disturbance of any kind shall be permitted within 50 feet of the center line of Stoney Brook except for improvements related to passive recreation activities, necessary utility and stormwater improvements other than detention or retention structures and landscaping designed to supplement and be consistent with existing natural vegetation.

Minimum distance between buildings. The following minimum dimensions shall separate principal buildings:

Front wall facing front wall: 45 feet at any point; provided, however, that the average distance between the front walls of any two buildings shall not be less than 55 feet.

Front wall facing rear wall: 50 feet.

Front wall facing end/side wall: 35 feet.

End/side wall facing end/side wall: 25 feet.

End/side wall facing rear wall: 30 feet.

Rear wall facing rear wall: 40 feet.

In case of uncertainty as to the definition of "front," "rear," or "end/side" walls, or in case the angle of the walls facing each other makes interpretation of the required setbacks uncertain, the more restrictive of possible interpretations shall apply.

Maximum height of principal buildings. No building shall exceed 40 feet in height or 2 1/2 stories.

Accessory buildings. Accessory buildings and other roofed accessory structures shall comply with the minimum setback requirements applicable to principal buildings. Detached accessory buildings shall be located at least 25 feet from residential buildings located in the RM-2 District. Accessory buildings shall not exceed two stories or 30 feet in height.

Maximum coverage by buildings and improvements. The coverage by buildings shall not exceed 20% of the multi-family development lot area in the RM-2 District. The coverage by all improvements, including buildings, paved areas and other improvements other than soil, organic mulch and vegetation, shall not exceed 50% of the multifamily development lot area in the RM-2 District.

Buffer requirements. All of the applicable requirements of § 166-125 shall be complied with, except as may be superseded below. All buffer depths shall be measured from and perpendicular to the street right-of-way or residential property line, as applicable.

Minimum buffer depth adjacent to single-family detached or two-family residential use or single-family residential zone district: 20 feet.

Minimum buffer depth adjacent to Route 10: 80 feet.

Minimum buffer depth adjacent to Jefferson Road: 75 feet.

Maximum dwelling units in building. The number of dwelling units in any apartment or townhouse building shall not exceed 10 units.

Minimum dwelling unit gross floor area: 600 square feet, plus 150 square feet for each bedroom.

Building design.

Building dimension. The horizontal dimension of buildings shall not exceed 130 feet on any facade.

Front wall horizontal projection. At least one story of the front wall of all townhouse and apartment buildings shall provide a horizontal projection or recess of at least five feet perpendicular to such front wall, at intervals of no greater than 30 feet measured parallel to such front wall. Such projections or recesses shall have a horizontal dimension of at least 15 feet, measured parallel to such front wall. The projections or recesses shall extend the full vertical height of the building story.

Front wall material. The front wall of all townhouse and apartment buildings shall be surfaced with at least two different materials, including but not limited to brick, wood, stucco and similar materials. Each material shall comprise at least 25% of the front wall surface area.

Roof pitch. The minimum roof pitch of all buildings shall be at least 20% (1:5).

Windows and doors. At least 15% of the surface area of each wall of all townhouse and apartment buildings shall be comprised of windows and doors. Both pedestrian and garage doors shall be included in determining compliance with the foregoing requirement. The wall surface area shall be measured from the ground to the roof eaves, exclusive of gables located above the roof eaves. Walls facing interior courts shall be exempted from this requirement.

Access and circulation. The design of access and circulation improvements serving residential development within the RM-2 District shall be in accordance with the New Jersey Residential Site Improvement Standards (N.J.A.C. 5:21-1 et seq.) and shall minimize detrimental impacts to area streets and residential neighborhoods. Access shall be designed to minimize traffic congestion, to ensure safety and to provide for the convenience of users of the development. At least one roadway shall be designed to provide direct access between residential development in the RM-2 District and Jefferson Road.

Parking. The amount and design of on-site parking shall be provided in accordance with the requirements of the New Jersey Residential Site Improvement Standards (N.J.A.C. 5:21-1 et seq.). In addition, the following provisions shall apply:

Parking areas shall not be located in the front yard between townhouse or apartment buildings and Route 10 or Jefferson Road. Individual driveways serving townhouses or multi-family apartment dwellings shall not have direct access to a public street, but may have direct access to an internal roadway, parking loop, etc.

Buildings shall be located at least 12 feet from internal roadways, driveways and access aisles, except for driveways located in front of garage doors.

Parking areas and driveways shall be set back at least 20 feet from all property lines abutting a residential zone and at least 10 feet from all other property lines except as may otherwise be required by this chapter.

Parking areas shall be set back at least 10 feet from building walls except parking spaces in driveways located in front of garage doors.

Parking areas shall be set back at least 10 feet from the traveled way of internal roadways, parking loops, etc., except that parking spaces adjacent to the traveled way and which use the traveled way for direct access to the space shall be exempt from this requirement.

Landscaping.

Attractive landscape plantings shall be provided and maintained.

Existing trees shall be retained wherever possible. Removal and preservation of trees shall comply with all applicable regulations of the Township of Hanover and any other entity having jurisdiction.

Shade trees shall be evenly distributed within and/or around the perimeter of parking areas at a ratio of at least one tree for each 10 parking spaces, exclusive of spaces located within garages or within driveways providing direct access to garages.[1]

Editor’s Note: Former Subsections C, regarding nonresidential development, and D, regarding mixed-use development, as amended, were repealed 12-14-2017 by Ord. No. 26-2017.

§ 166-180.9 Purpose and intent.

The purpose and intent of the RM-3 Zone District is to address a need for senior citizen housing and to provide a transition in land use intensity in the location of the zone through the development of age-restricted residential townhouses and single-family dwellings in accordance with appropriate standards.

§ 166-180.10 Permitted principal uses.

The following principal uses and structures shall be permitted in the RM-3 Zone District:

Townhouse dwellings.

Single-family detached dwelling units.

Open space and recreational uses, public or private, limited to outdoor active and passive recreation facilities such as athletic fields, walking paths and similar uses.

Any use permitted in all zone districts or in all residential zone districts by Chapter 166, Land Use and Development, of the Code of the Township of Hanover.

§ 166-180.11 Permitted accessory uses.

Permitted accessory uses shall be limited to those uses customarily incidental to the permitted principal uses in the district. Permitted accessory uses to single-family attached developments shall include, but not be limited to, clubhouses, pools, tennis courts and similar personal recreation facilities for the exclusive use of the residents and guests of the development.

§ 166-180.12 Prohibited uses.

Any use other than the uses permitted by §§ 166-180.10 and 166-180.11 above shall be prohibited.

§ 166-180.13 Lot, bulk, intensity of use and other regulations.

In addition to any other applicable requirements of this chapter or any other applicable requirement, the following requirements shall apply to development within the RM-3 Zone District:

Townhouse dwellings. The development of townhouse dwellings shall be subject to the following requirements:

Minimum townhouse development area: 10 acres. For purposes of making this calculation, the development area shall include the area of the subject property plus any contiguous property in the RM-3 District containing an existing townhouse development.

Maximum tract density: four dwelling units per acre of the tract.

Minimum front yard, buildings: 50 feet from public street.

Minimum side and rear yards: 25 feet, but 40 feet from a single-family residential zone district.

Minimum distance between buildings. The following minimum dimensions shall separate principal buildings:

Front wall facing front wall: 80 feet at any point.

Front wall facing rear wall: 60 feet.

Front wall facing end/side wall: 50 feet.

End/side wall facing end/side wall; 25 feet.

End/side wall facing rear wall: 30 feet.

Rear wall facing rear wall: 40 feet.

In case of uncertainty as to the definition of "front," "rear" or "end/side" walls, or in case the angle of the walls facing each other makes interpretation of the required setbacks uncertain, the more restrictive of possible interpretations shall apply.

Maximum height of principal buildings. No building shall exceed 35 feet in height or 2 1/2 stories, whichever is less.

Accessory buildings. Accessory buildings and other roofed accessory structures shall comply with the minimum setback requirements applicable to principal buildings. Detached accessory buildings shall be located at least 25 feet from residential buildings located in the RM-3 District. Accessory buildings shall not exceed one story or 15 feet in height, whichever is less.

Maximum coverage by buildings and improvements. The coverage by buildings shall not exceed 20% of the tract area. The coverage by all improvements, including buildings, paved areas and other improvements other than soil, organic mulch and vegetation, shall not exceed 50% of the tract area.

Buffer requirements. All of the applicable requirements of § 166-125 shall be complied with.

Maximum dwelling units in building. The number of dwelling units in any townhouse building shall not exceed six units.

Minimum dwelling unit gross floor area: 600 square feet, plus 150 square feet for each bedroom.

Building design.

Building dimension. The horizontal dimension of buildings shall not exceed 200 feet on any facade.

Front wall horizontal projection. The front wall of all townhouse buildings shall provide horizontal projections and/or recesses designed to provide visual interest and avoid large blank walls as viewed from the street or internal roadways.

Roof pitch. The minimum roof pitch of all buildings shall be at least 20% (i.e., 1:5).

Windows and doors. At least 15% of the surface area of each exterior wall of all townhouse buildings shall be comprised of windows and doors, except for side/end walls. Both pedestrian and garage doors shall be included in determining compliance with the foregoing requirement. The wall surface area shall be measured from the ground to the roof eaves, exclusive of gables located above the roof eaves. Walls facing interior courts shall be exempted from this requirement.

Access and circulation. The design of access and circulation improvements serving residential development within the RM-3 District shall be in accordance with the New Jersey Residential Site Improvement Standards (N.J.A.C. 5:21-1 et seq.).

Parking areas shall not be located in the front yard between townhouse buildings and any improved public street. Individual driveways serving townhouses shall not have direct access to a public street, but may have direct access to an internal roadway.

Buildings shall be located at least 25 feet from internal roadways, driveways and access aisles, except for driveways located in front of garage doors.

Parking areas and driveways shall be set back at least 20 feet from all property lines abutting a residential zone, and at least 10 feet from all other property lines, except when more stringent requirements may apply pursuant to this chapter.

Parking areas shall be set back at least 10 feet from building walls, except parking spaces in driveways located in front of garage doors.

Parking areas shall be set back at least 10 feet from the traveled way of internal roadways, except that parking spaces adjacent to the traveled way and which use the traveled way for direct access to the space shall be exempt from this requirement.

Landscaping.

Attractive landscape plantings shall be provided and maintained.

Existing trees shall be retained wherever possible. Removal and preservation of trees shall comply with all applicable regulations of the Township of Hanover and any other entity having jurisdiction.

Occupancy restrictions. All dwelling units within the RM-3 District shall be restricted to occupancy by at least one person 55 years of age or older. In addition, no children under the age of 18 years shall be permitted to reside in such dwelling units on a permanent basis. Appropriate restrictive covenants shall be imposed upon any development within the RM-3 District to ensure compliance with these age restrictions and with the "housing for older persons" exemptions of the Federal Fair Housing Act, 42 USC 3601, et seq.

Single-family detached dwellings. The development of single-family detached dwellings shall be subject to the requirements of the R-15 Zone District and to all requirements of this chapter that generally apply to single-family detached dwellings. In addition, no lot containing or designed to be developed for a single-family detached dwelling shall be located within 300 feet of any nonresidential zone district located on the same side of Horsehill Road as the RM-3 District.

§ 166-180.14 Purpose and intent.

The RM-4 District is intended to promote and encourage the redevelopment of the zone for townhouse and/or multifamily housing units, including an affordable housing component.

§ 166-180.15 Permitted principal uses.

The following principal uses and structures shall be permitted in the RM-4 Zone District:

Townhouses.

Multifamily residential buildings.

Any use permitted in all zone districts or in all residential zone districts by this chapter or by other applicable law.

§ 166-180.16 Permitted accessory uses.

Permitted accessory uses shall be limited to those uses customarily incidental to the permitted principal use in the district. These may include, but are not limited to:

Community center/clubhouse.

Outdoor active recreational facilities for the exclusive use of the residents in the zone district and their guests.

Off-street parking areas.

Fences, walls, gazebos, mail kiosks and other street furniture.

Signs in accordance with § 166-143 of this chapter.

A structure reserved exclusively for the storage of common area maintenance and recreation equipment.

Detached garages designed and used primarily for the parking of residents' vehicles.

§ 166-180.17 Density, tract, bulk and other regulations.

[Amended 12-12-2024 by Ord. No. 31-2024]

In addition to any other applicable requirements of this chapter, the following requirements shall apply to development within the RM-4 Zone District:

Minimum tract area. The minimum tract area shall be 12 acres.

Maximum tract density. The maximum density shall not exceed 8.5 units per gross acreage of the tract; provided, however, that the maximum density may be increased to 9.4 units per gross acreage of the tract in order to permit the creation of additional affordable housing units within the district above and beyond that required herein. The foregoing shall not be construed to permit more than 112 market-rate dwelling units within the RM-4 Zone District; any and all housing units in excess of 112 units shall be required to be affordable units.

Minimum tract frontage. The minimum tract frontage shall be 200 feet on an improved public street.

Minimum tract boundary setbacks. The minimum setback from a tract boundary for all principal structures shall be 50 feet to a commercial or industrial zone district and to any public street contiguous with the tract boundary and 25 feet to all other tract boundaries.

Minimum distance between buildings. The following minimum dimensions shall separate buildings; provided, however, that Subsection E(1) through (6) below shall apply only to the separation of residential buildings from each other and Subsection E(7) below shall apply only to the separation of residential buildings and any community center/clubhouse:

Front wall facing front wall: 45 feet at any point.

Front wall facing rear wall: 50 feet at any point.

Front wall facing end/side wall: 45 feet at any point.

End/side wall facing end/side wall: 20 feet at any point or one-half the height of the tallest of the buildings being separated, whichever is greater.

End/side wall facing rear wall: 30 feet at any point.

Rear wall facing rear wall: 45 feet at any point.

The minimum distance between any residential building and a detached accessory building shall be 25 feet.

Orientation of buildings to streets and parking areas.

All residential buildings shall maintain a minimum setback of 10 feet from the curbline of any internal street located within the tract boundaries, subject to the limitations set forth herein.

The community center/clubhouse building shall maintain a minimum distance of 10 feet from any internal street or parking space, subject to the limitations set forth herein.

All buildings shall be located at least 10 feet from any parking space or parking area located in front of or behind the building, and at least five feet from any parking space or parking area located on the side of the building. Excluded from this requirement are parking spaces located within individual driveways that provide direct access to garages which are a part of the same building.

Where individual unit driveways provide access to garages, and where such driveways provide parking spaces, the length of such driveway shall be at least 18 feet, measured between the building and the traveled way of the internal roadway or parking area to which the driveway connects or, if there is a sidewalk adjacent to the internal roadway or parking area, measured between the building and the sidewalk.

No building shall be permitted to have direct driveway access onto Cedar Knolls Road; all driveways providing direct access to buildings shall be connected only to a road, driveway or other way that is internal to the development. Only a single access roadway providing common access for the development shall be permitted from Cedar Knolls Road.

Maximum height of principal buildings. No principal building shall exceed a height of 45 feet and three stories. For purposes of administering this requirement, a parking level located beneath the first habitable floor shall not be considered a story.

Accessory buildings and structures.

No accessory building, except for a community center/clubhouse, shall be permitted in the front yard. Accessory buildings and structures shall comply with the minimum setbacks from tract boundaries and principal buildings applicable to principal buildings, except as may be specifically provided otherwise herein.

Community center/clubhouse.

Maximum height: 30 feet and two stories.

Maximum gross floor area: 4,000 square feet.

Storage structure.

Maximum height: 12 feet.

Maximum gross floor area shall not exceed 300 square feet.

Detached garages.

Maximum height: 17 feet.

Maximum gross floor area: 1,400 square feet per garage.

Maximum building coverage. The coverage by principal and accessory buildings and structures shall not exceed 25% of the tract area.

Maximum improvement coverage. The coverage by all improvements, including buildings, paved areas and other improved surfaces, shall not exceed 55% of the tract area.

Building design standards.

Building dimension. The horizontal dimension of buildings shall not exceed 200 feet on any facade.

Front wall horizontal projection. At least one story of the front wall of all principal buildings shall provide a horizontal projection or recess of at least four feet perpendicular to such front wall, at intervals of no greater than 30 feet measured parallel to such front wall. Such projections or recesses shall have a horizontal dimension of at least 12 feet, measured parallel to such front wall. The projections or recesses shall extend the full vertical height of the building story.

Front wall material. The front wall of all principal buildings shall be surfaced with at least two different materials, including but not limited to brick, wood, stucco and similar materials. Each material shall comprise at least 25% of the front wall surface area.

Minimum gross floor area, market-rate dwelling units:

Efficiency: 600 square feet.

One-bedroom: 700 square feet.

Two-bedroom: 900 square feet.

Three-bedroom: 1,050 square feet.

Parking.

The number and design of off-street parking spaces shall be as required by §§ 166-104 and 166-154 and by the New Jersey Residential Site Improvement Standards (N.J.A.C. 5:21-1 et seq.).

At least 50% of the market-rate units shall be required to have available at least one garage parking space dedicated to the use of that unit.

Pedestrian access. Sidewalks shall be provided in accordance with the requirements of the New Jersey Residential Site Improvement Standards (N.J.A.C. 5:21-1 et seq.). All sidewalks shall be provided with appropriately scaled lighting to ensure public health and safety. Separate walking trails may be permitted as a component of the open space/recreation plan but shall not serve as a substitute for sidewalks.

Landscaping. A landscape plan shall be required to provide the following:

Off-street parking areas shall be screened from the view of public streets and from adjacent Township property with year-round landscaping and/or decorative fencing. All screening materials shall be subject to Planning Board review and approval.

Street trees shall be installed on both sides of all streets planted at a distance not to exceed 40 feet on center, except where such spacing is not feasible due to the location of approved driveways and on-street parking areas. Trees shall be spaced evenly along the street within a planting strip not less than eight feet in width.

The interior and outer edge of stormwater basins shall be planted in a manner so as to simulate a natural woodland. The ground plane shall be seeded with a naturalization, wildflower and/or wet meadow grass mix. All woody and herbaceous plants shall be species indigenous to the area and/or tolerant to typical wet/dry floodplain conditions.

A landscape buffer, consisting of a combination of deciduous trees, conifers, shrubs, berms and, if appropriate, fences or walls in sufficient quantities and sizes to create a year-round screen, shall be provided with a minimum depth of 25 feet between any buildings, parking areas and other public use areas and any commercial or industrial zone district and any public street contiguous with the tract boundary and with a minimum depth of 10 feet between such areas and all other tract boundaries. An enhanced buffer beyond the minimum standard may be required by the Planning Board if it determines that the minimum requirements are not sufficient to provide adequate protection from the adverse impacts of factors external to the development site, including, but not limited to, noise and the visual impact of incompatible land uses.

Utilities. The developer shall arrange with the servicing utility for the underground installation of the utilities' distribution supply lines and service connections.

Trash storage areas. Trash and recycling storage areas shall be required to comply with the Township's recycling regulations and with the model ordinance promulgated by the New Jersey Department of Environmental Protection and Department of Community Affairs pursuant to § 2 of P.L. 1993, c. 81 (N.J.S.A. 13:1E-99.13a), regarding the inclusion of facilities for the collection or storage of source-separated recyclable materials.

Phasing plan. The developer shall submit a phasing plan for approval by the Planning Board. Each phase shall be designed to provide fully functional facilities to provide for the health, safety and comfort of the residents. These shall include, but are not limited to, stormwater management, utilities, vehicular and pedestrian circulation and landscaping for the phase in question. A community center, if approved, and all exterior recreational facilities shall be constructed and available for use by the residents no later than the point where 50% of the certificates of occupancy of the total approved residential units in the entire development have been approved.

§ 166-180.18 Affordable housing obligation.

Required number of affordable units. Development within the RM-4 Zone District shall be required to provide at least 14 affordable housing units within the district. In addition, additional affordable units shall be required if the Township or another developer subsidizes the cost of such units, in accordance with the following procedure:

Prior to filing a development application with the Planning Board or Board of Adjustment, the developer of any housing units within the district shall notify by certified mail the Township Administrator of his/her intent to file the application.

The Township shall within 45 days of the mailing of such notice indicate whether or not it or another developer is interested in subsidizing the creation of additional affordable units in the development.

If the Township fails to respond within 45 days, or indicates that it or another developer is not interested in subsidizing additional affordable units, the developer may proceed to file the development application and shall not be required to construct additional affordable units.

If the Township or another developer indicates within the required 45 days a willingness to subsidize additional affordable units, the developer shall be required to negotiate the amount and terms of the subsidy with the Township or other developer, as applicable. If the parties cannot reach an agreement of the terms of the subsidy within 60 days of the notice of an interest in providing the subsidy, or any extension of such time that may be granted by the developer, the developer may proceed to file the development application and shall not be required to construct additional affordable units.

Compliance with COAH rules. All affordable housing units shall be required to comply with all applicable rules of the New Jersey Council on Affordable Housing.

Phasing requirements. Affordable housing units shall be built in accordance with the following schedule:

Percentage of Market-Rate Units Completed	Minimum Percentage of Low- and Moderate-Income Units Completed
25	0
25 + 1 unit	10
50	50
75	75
90	100

§ 166-180.18.1 Purpose and intent.

The purpose of the RM-6 Residence District is to promote and encourage the redevelopment of the zone for inclusionary multifamily rental development in accordance with the Township's 2019 Housing Element and Fair Share Plan and the settlement agreement entered into between the Township and 25-35 Airport Road and 45 Airport Road, LLC, last executed on April 5, 2019, and the first amendment thereto, last executed May 18, 2020, and thereby help to address the fair share housing obligation of the Township of Hanover under the New Jersey Fair Housing Act ("FHA"), applicable Council on Affordable Housing ("COAH") regulations, the settlement agreement entered into between the Township and Fair Share Housing Center ("FSHC") last executed on March 7, 2019, and the first amendment thereto, dated June 2, 2020, and the Township's Housing Element and Fair Share Plan.

§ 166-180.18.2 Permitted principal uses.

The following principal uses and structures shall be permitted in the RM-6 Zone District:

Multifamily residential buildings.

Any use permitted in all zone districts or in all residential zone districts by this chapter or by other applicable law.

§ 166-180.18.3 Permitted accessory uses.

Permitted accessory uses in the RM-6 Zone District shall be limited to those uses customarily incidental to the permitted principal use in the district. These may include, but are not limited to:

Surface parking areas and driveways.

Clubhouses.

Recreational facilities and other amenities for the sole use of residents of the development and their guests. Such uses may be included within a monthly fee or be offered on a fee-for-service basis.

Administrative offices and storage spaces necessary for the administration of a rental community. A full-scale or reduced-size model unit may be provided, which shall not count toward the total number of residential units, shall not be used for residential occupancy, and shall be utilized solely for prospective tenants to view.

Garages, attached to or detached from a principal building.

Storage buildings.

Signs.

Other accessory uses and structures that are customarily incidental to a permitted principal use, unless specifically prohibited herein, by this chapter or by other applicable law.

§ 166-180.18.4 Prohibited uses.

Uses prohibited in the RM-6 Zone District shall include the following:

Any principal use not specifically permitted herein or permitted by other applicable law.

Any use prohibited in all zone districts of the Township of Hanover.

§ 166-180.18.5 Affordable housing requirements.

All multifamily residential developments constructed in the RM-6 Zone District shall be required to set aside a minimum percentage of units for affordable housing. The minimum set aside shall be 15% of the total number of units in the development, which shall be provided as non-age-restricted affordable rental units.

All affordable units to be produced pursuant to this section shall comply with the Township's Affordable Housing Ordinance at Chapter 72 of the Township Code, as may be amended and supplemented, the Uniform Housing Affordability Controls ("UHAC") (N.J.A.C. 5:80-26.1 et seq.), or any successor regulation, the Township's Housing Element and Fair Share Plan, as may be amended from time to time, and any applicable order of the court, including a judgment of compliance and repose order. This includes, but is not limited to, the following requirements for all affordable units:

Low-moderate-income split: A maximum of 50% of the affordable units shall be moderate-income units and a minimum of 50% of the affordable units shall be low-income units. At least 13% of all restricted rental units shall be very- low-income units, which shall be counted as part of the required number of low-income units within the development.

Bedroom mix. The following bedroom mix shall apply:

The combined number of efficiency and one-bedroom units shall be no greater than 20% of the total low- and moderate-income units;

At least 30% of all low- and moderate-income units shall be two- bedroom units;

At least 20% of all low- and moderate-income units shall be three-bedroom units; and

The remaining units may be allocated among two- and three-bedroom units at the discretion of the developer.

Deed restriction period. Each affordable rental unit shall remain subject to these affordability controls, covenants, conditions, deed restrictions, and the applicable affordable housing regulations for a minimum period of at least 30 years. At the conclusion of the thirty-year term, the affordability controls, covenants, conditions and deed restrictions shall not automatically expire. At the conclusion of the thirty-year term, the Township reserves the right to exercise the option to extend the affordability controls, covenants, conditions and deed restrictions for an additional period of time by formal adoption of a resolution; or exercise any other option(s) available to the Township to preserve the affordability controls as set forth in UHAC or any other applicable statute, regulation or law that may be in effect at that time. At the conclusion of the thirty-year term, the Township shall be afforded a reasonable amount of time not to exceed 120 days to exercise this option to preserve and extend the affordability controls, covenants, conditions and deed restrictions; or to release the affordable unit from such requirements by formal adoption of an ordinance taken in compliance with N.J.A.C. 5:80-26.11(e) or any other applicable statute, regulation or law that may be in effect at that time.

Administrative agent: All affordable units shall be administered by a qualified administrative agent paid for by the developer.

Other affordable housing unit requirements: Developers shall also comply with all of the other requirements of the Township's Affordable Housing Ordinance, including, but not limited to: 1) affirmative marketing requirements; 2) candidate qualification and screening requirements; 3) integrating the affordable units amongst the market-rate units; and 4) unit phasing requirements. Developers shall ensure that the affordable units are dispersed between all of the buildings on its site, and shall identify the exact location of each affordable unit at the time of site plan application.

§ 166-180.18.6 Density, tract, bulk and other regulations.

[Amended 12-12-2024 by Ord. No. 31-2024; 6-12-2025 by Ord. No. 18-2025]

In addition to any other applicable requirements of this chapter, the following requirements shall apply to development within the RM-6 Zone District:

Minimum tract area: 24 acres.

Maximum number of housing units: 325 units.

Maximum building coverage: 20% of the gross lot area.

Maximum improvement coverage: 50% of the gross lot area.

Maximum building height.

Principal buildings. No principal building shall exceed a height of 75 feet, excluding rooftop structures and equipment, which shall comply with the following requirements:

Roof structures shall not exceed 10 feet in height, except for elevator and stairwell penthouses, which shall not exceed 16 feet in height.

Roof structures other than elevator and stairwell penthouses shall be located and screened in accordance with § 166-133, the same as if they were located on a nonresidential building.

Elevator and stairwell penthouses shall be designed to be the same or compatible with the building facade materials.

The total area of all rooftop heating, ventilation and air-conditioning equipment shall not exceed 25% of the roof area upon which they are placed.

Prior to construction of any building and/or structure, formal approval from the Federal Aviation Administration must be obtained therewith, affirming that the building and/or structure will not pose a hazard to the operation of the Morristown Municipal Airport, specifically, but not only, as concerns the total height of the building and/or structure.

Accessory buildings. Any permitted community center/clubhouse building shall not exceed two stories and 30 feet. Detached garages for the parking of motor vehicles, if provided, shall not exceed a height of 17 feet. All other detached accessory buildings shall comply with the height requirements for accessory buildings in § 166-114B.

Minimum tract boundary setbacks:

The minimum setback from a tract boundary for all principal and accessory buildings shall be 100 feet to a residential zone district, which setback shall be maintained as a buffer in accordance with the standards in § 166-125D and E.

The minimum setback from a tract boundary for all principal and accessory buildings shall be 50 feet to a nonresidential zone district and to any public street contiguous with the tract boundary; provided, however, that a limited encroachment into such setback shall be permitted, subject to the following: a) the encroachment shall only be permitted into the yard area abutting the right-of-way of State Route 24; b) the encroachment shall not reduce the setback from tract boundary to less than 35 feet; c) the encroachment shall not reduce the setback from the edge of pavement of the roadway known as Airport Road/Algonquin Parkway to less than 90 feet, or from the edge of pavement of Route 24 to less than 150 feet; and d) the total building coverage of any and all such encroachments shall not exceed 300 square feet.

Maximum number of principal buildings: no limit.

Maximum number of dwelling units within the same building: no limit.

Minimum distance between principal buildings. In the event of uncertainty as to the definition of "front," "rear" or "end/side" walls, or where the angle of the walls facing each other makes the interpretation of the required setbacks uncertain, the more restrictive of possible interpretations shall apply.

Front wall facing front wall: 50 feet at any point.

Front wall facing rear wall: 50 feet at any point.

Front wall facing end/side wall: 45 feet at any point.

End/side wall facing end/side wall: 30 feet at any point.

End/side wall facing rear wall: 45 feet at any point.

Rear wall facing rear wall: 50 feet at any point.

Minimum distance between a principal building and any detached accessory building: 25 feet.

Minimum parking area setbacks from tract boundary.

From residential zone district: 100 feet.

From any other tract boundary: 20 feet.

Minimum distance between buildings and parking areas and driveways: 10 feet, except that no setback shall be required between garages and driveways designed and intended to provide direct access to said garages.

Bedroom distribution for market-rate units. At least 30% of the market-rate units will consist of studio or one-bedroom units. No more than 5% of the market-rate units shall contain more than two bedrooms. This standard shall not apply to the affordable units in the development, which instead shall be subject to the bedroom distribution requirements at § 166-180.18.5B(2).

Off-street parking. The minimum number of off-street parking spaces shall be as required by § 166-154 and by the Residential Site Improvement Standards (N.J.A.C. 5:21).

Signage. Signage requirements for the RM-6 Zone District shall be consistent with the requirements for signs in the RM, RM-2, RM-3, RM-4, RM-5 and AH-1 Zone Districts, as set forth in § 166-143.

Recreational facilities. There shall be provided as part of any residential development recreational facilities suitable for the use of the intended residents of the development. Such facilities shall include, as a minimum, a community building having a floor area of at least 1,500 square feet gross floor area and at least two improved outdoor recreation areas of a size and configuration suitable for their intended purpose. Each outdoor recreation area shall contain a contiguous area not less than 1,000 square feet and at least one common area, centrally located within the development, shall contain a contiguous area not less than 4,000 square feet and which shall have a horizontal dimension not less than 40 feet in any direction.

All other applicable requirements of Chapter 166, Land Use and Development Legislation, shall apply to development within the RM-6 Zone District unless specifically superseded by the regulations of this article.

§ 166-180.18.7 Purpose and intent.

The RM-5 District is intended to recognize and promote continuation of the existing townhouse development within the zone district.

§ 166-180.18.8 Permitted principal uses.

The following principal uses and structures shall be permitted in the RM-5 Zone District:

Townhouses.

Multifamily residential buildings.

Any use permitted in all zone districts or in all residential zone districts by this chapter or by other applicable law.

§ 166-180.18.9 Permitted accessory uses.

Permitted accessory uses shall be limited to those uses customarily incidental to the permitted principal use in the district. These may include, but are not limited to:

Community center/clubhouse.

Outdoor recreational facilities for the exclusive use of the residents in the zone district and their guests.

Off-street parking areas.

Fences, walls, gazebos, mail kiosks and other street furniture.

Signs in accordance with § 166-143 of this chapter.

§ 166-180.18.10 Density, tract, bulk and other regulations.

In addition to any other applicable requirements of this chapter, the following requirements shall apply to development within the RM-5 Zone District:

Minimum tract area. The minimum tract area shall be five acres.

Maximum tract density. The maximum density shall not exceed 12 units per gross acreage of the tract.

Maximum building coverage: 25% of the lot area.

Maximum improvement coverage: 55% of the lot area.

Maximum height of principal buildings: three stories and 48 feet. Any equipment mounted on the roof shall not be permitted to exceed a height of 48 feet above the average ground level at the base of the building, or to exceed 12% of the actual building height, whichever is less. Such equipment shall be screened from the view of streets and residential properties.

Minimum depth of front yard: 50 feet.

Minimum depth of side and rear yards: 15 feet.

Minimum distance between buildings. The following minimum dimensions shall separate principal buildings; in case of uncertainty as to the definition of "front," "rear," or "end/side" walls, or in case the angle of the walls facing each other makes interpretation of the required setbacks uncertain, the more restrictive of possible interpretations shall apply:

Front wall facing front wall: 65 feet.

Front wall facing rear wall: 50 feet.

Front wall facing end/side wall: 40 feet.

End/side wall facing end/side wall: 25 feet.

End/side wall facing rear wall: 30 feet.

Rear wall facing rear wall: 50 feet.

Minimum distance between buildings and roadways, driveways and parking areas: 12 feet between buildings and roadways and driveways, and 10 feet between buildings and parking areas; provided, however, no separation shall be required between a garage and a driveway that provides direct access to the garage. If said driveway is designed or intended for parking of motor vehicles, the length of the driveway between the garage and the adjacent roadway shall be at least 20 feet.

Minimum dwelling unit gross floor area:

Type of Unit	Minimum Dwelling Unit Gross Floor Area (square feet)
Efficiency	600
One-bedroom	750
Two-bedroom	900
Three-bedroom	1,050

Parking areas, driveways and other paved areas shall be located at least 10 feet from any lot lines; provided, however, that no setback shall be required in the locations where driveways and walkways connect with a public street.

Signs shall be subject to the provisions of § 166-143. In addition, all other provisions of this chapter applicable to signs shall be complied with.

Accessory buildings and structures.

Accessory buildings and structures shall comply with the minimum setbacks from tract boundaries and principal buildings applicable to principal buildings, except as may be specifically provided otherwise herein.

Maximum height. Accessory buildings shall not exceed a height of 17 feet.

§ 166-180.18.11 Purpose and intent.

The purpose and intent of the RM-7 Residence District is to provide a reasonable opportunity for the development of age-restricted affordable housing units as part of an inclusionary multifamily residential development and to satisfy the terms of settlement agreements authorized by Resolution No. 189-2020 of the Township Committee and to assist in satisfying the Township's third-round affordable housing obligation.

§ 166-180.18.12 Permitted principal uses and structures.

The permitted principal uses and structures in the RM-7 Residence District shall be limited to multifamily residential dwelling units and furnished apartment units located within a multifamily building or buildings. For purposes of this article, "furnished apartment unit" shall mean a serviced apartment unit that uses a shorter-term rental arrangement than standard apartments and is provided with furnishings that the average apartment would require.

§ 166-180.18.13 Permitted accessory uses and structures.

The permitted accessory uses in the RM-7 Residence District shall be limited to the following:

Surface and structured parking areas and driveways.

Recreational facilities for the use of residents of the development and their guests.

Support services for residents.

Other accessory uses and structures that are customarily incidental to the permitted principal use, unless specifically prohibited herein.

§ 166-180.18.14 Prohibited uses.

Uses prohibited in the RM-7 Residence District shall include the following:

Any principal use not specifically permitted herein or permitted by other applicable law.

Any use prohibited in all zone districts of the Township of Hanover.

§ 166-180.18.15 Lot, bulk, and intensity of use standards.

[Amended 12-12-2024 by Ord. No. 31-2024]

The lot, bulk, and intensity of use standards for the RM-7 Residence District shall be as set forth below:

Minimum lot area: the entire property located outside of the street right-of-way within the boundaries of the zone district.

Maximum number of dwelling units, including both standard dwelling units and furnished apartment units: 210 units, including not more than 150 market-rate units and not less than 60 affordable units.

Maximum building coverage: 50% of the gross lot area.

Maximum improvement coverage: 75% of the gross lot area.

Maximum building height: 70 feet, with the following exceptions:

Stairwells and elevators shall be permitted a maximum height of 75 feet.

Rooftop recreational amenities and related structures, including but not limited to shade and rain structures, trellises, railings, etc., shall be permitted a height of 10 feet above the roof level upon which they are located.

Minimum yard depths/setbacks.

Buildings.

Seventy feet from the front lot line.

Twenty feet from all other lot lines.

Parking areas, driveways, and outdoor recreation areas.

Six feet minimum from the front lot line, excluding driveways that intersect with and provide access to or from a public street.

Fifteen feet from all other lot lines.

Unit type, tenancy and bedroom mix. Excluding the affordable dwelling units, which are regulated separately, the housing units in any multifamily residential development shall be subject to the following requirements:

All housing units shall be rental units.

Not more than 120 units shall be standard unfurnished dwelling units; the balance of the permitted units may be furnished apartment units.

Of the standard unfurnished dwelling units, not more than 50 units shall contain two bedrooms, and no units may contain more than two bedrooms.

Of the furnished apartment units, not more than 15 shall contain two bedrooms, and no units may contain more than two bedrooms.

Phasing of market-rate units. No market-rate units, including furnished and unfurnished apartment units, shall receive a certificate of occupancy, temporary or final, until all of the required affordable units have been granted a certificate of occupancy.

Parking spaces. Notwithstanding the provisions of § 166-154 and § 166-155, the minimum number of required parking spaces shall be as follows:

The minimum number of parking spaces for the standard unfurnished dwelling units shall be in accordance with the New Jersey Residential Site Improvement Standards, N.J.A.C. 5:21-1.1 et seq., with fractions of required spaces rounded as set forth in the standards.

The minimum number of parking spaces for the furnished apartment units shall be one parking space for each unit.

The minimum number of parking spaces for the age-restricted affordable units shall be one parking space for each unit.

§ 166-180.18.16 Affordable housing requirements.

Minimum affordable units. Any multifamily residential development constructed in the RM-7 Zone District shall be required to include at least 60 affordable housing units, which shall be age-restricted rental units.

All affordable units to be produced pursuant to this article shall comply with the Township's Affordable Housing Ordinance at Chapter 72 of the Township Code, as may be amended and supplemented, the Uniform Housing Affordability Controls (UHAC) (N.J.A.C. 5:80-26.1 et seq.), or any successor regulation, the Township's Housing Element and Fair Share Plan, as may be amended from time to time, and any applicable order of the court, including a judgment of compliance and repose order. This includes, but is not limited to, the following requirements for all affordable units:

Low-moderate-income split. A maximum of 50% of the affordable units shall be moderate-income units and a minimum of 50% of the affordable units shall be low-income units. At least 13% of all affordable units shall be very-low-income units, which shall be counted as part of the required number of low-income units within the development.

Bedroom mix. Irrespective of any bedroom distribution requirements to the contrary, all affordable dwelling units shall contain one bedroom. No dwelling unit shall contain more than one bedroom.

Deed restriction period. Each affordable rental unit shall remain subject to these affordability controls, covenants, conditions, deed restrictions, and the applicable affordable housing regulations for a minimum period of at least 30 years. At the conclusion of the thirty-year term, the affordability controls, covenants, conditions, and deed restrictions shall not automatically expire. At the conclusion of the thirty-year term, the Township reserves the right to exercise the option to extend the affordability controls, covenants, conditions and deed restrictions for an additional period of time by formal adoption of a resolution; or exercise any other option(s) available to the Township to preserve the affordability controls as set forth in UHAC or any other applicable statute, regulation or law that may be in effect at that time. At the conclusion of the thirty-year term, the Township shall be afforded a reasonable amount of time not to exceed 120 days to exercise this option to preserve and extend the affordability controls, covenants, conditions and deed restrictions; or to release the affordable unit from such requirements by formal adoption of an ordinance taken in compliance with N.J.A.C. 5:80-26.11(e) or any other applicable statute, regulation or law that may be in effect at that time.

Administrative agent. All affordable units shall be administered by a qualified administrative agent paid for by the developer.

Other affordable housing unit requirements. Developers shall also comply with all other requirements of the Township's Affordable Housing Ordinance, including, but not limited to, affirmative marketing requirements and candidate qualification and screening requirements, unless specifically modified by this article or by order of the court.

All recreational amenities and site services which are made available to the unfurnished standard market-rate units shall also be made available to the affordable units on the same terms as the market-rate units.

§ 166-180.18.17 Other requirements.

In addition to all other applicable requirements of this article, Chapter 166 and any other applicable law, rule or regulation, development within the RM-7 Residence District shall comply with the following requirements:

Signage. Signage requirements for the RM-7 Residence District shall be consistent with the requirements for signs as set forth in § 166-143.

Exemption from tree removal and replacement requirements. Inclusionary housing development in the RM-7 Residence District shall be exempt from the requirements of § 166-131, Tree preservation, removal and planting, pursuant to the provisions of N.J.A.C. 5:93-10 and in recognition of the existing easements within the district that limit the ability to plant trees. The foregoing shall not be construed to exempt such developments from all other requirements to provide landscaping, including the planting of trees, on portions of the site outside of easement areas and not developed with buildings, pavement or other structures.

All other applicable requirements of this chapter, and of other chapters of the Township Code, shall apply to development within the RM-7 Residence District unless specifically superseded by the regulations of this article. In case of conflict between the provisions of this article and the other provisions of this chapter, the provisions of this article shall apply.

§ 166-180.19 Purpose and intent.

The purpose and intent of the AH-1 Overlay District is to provide an option for the development of affordable housing in accordance with the regulations in this article. The AH-1 District is an overlay district in that the district regulations only apply in the case of affordable housing development. The regulations of the I and I-B3 Zone Districts, as applicable, which underlie the AH-1 Overlay District as depicted on the Zoning Map, shall apply to all development other than affordable housing development.

§ 166-180.20 Permitted principal uses.

The permitted principal uses in the AH-1 Overlay District shall be limited to affordable housing within the following types of principal structures:

Single-family attached dwellings, also known as "townhouses."

Multifamily buildings up to three stories in height.

Buildings containing a mixture of townhouse and multifamily dwellings up to three stories in height.

Two-family dwellings.

§ 166-180.21 Permitted accessory uses.

The permitted accessory uses the AH-1 Overlay District shall be limited to the following:

Surface parking areas and driveways.

Clubhouses.

Recreational facilities for the use of residents of the development and their guests.

Garages, attached or detached to a principal building.

Storage buildings.

Signs.

Other accessory uses and structures that are customarily incidental to a permitted principal use, unless specifically prohibited herein.

§ 166-180.22 Prohibited uses.

Uses prohibited in the AH-1 Overlay District shall include the following:

Any principal use not specifically permitted herein or permitted by other applicable law.

Any use prohibited in all zone districts of the Township of Hanover.

§ 166-180.23 Lot, bulk and intensity of use standards.

The lot, bulk and intensity of use standards for the AH-1 Overlay District shall be as set forth below:

Minimum lot area. 10 acres.

Maximum unit density: eight dwelling units per gross lot area.

Maximum building coverage: 20% of the gross lot area.

Maximum improvement coverage: 50% of the gross lot area.

Maximum building height.

Principal buildings: three stories and 45 feet.

Accessory buildings: Any permitted community center/clubhouse building shall not exceed two stories and 30 feet. Detached garages for the parking of motor vehicles, if provided, shall not exceed a height of 17 feet. All other detached accessory buildings shall comply with the height requirements for accessory buildings in § 166-114B.

Minimum setback from lot lines.

Buildings: 20 feet.

Parking areas: 20 feet.

Maximum number of principal buildings: no limit.

Maximum number of dwelling units within the same building: 20 units.

Minimum distance between principal buildings: 18 feet.

[Amended 6-9-2011 by Ord. No. 20-11]

Bedroom density and mixture.

Maximum number of three bedroom units: 35% of the total units in the development.

Maximum number of efficiency and one-bedroom units: 20% of the total units in the development.

§ 166-180.24 Other requirements.

In addition to all other applicable requirements of this article, Chapter 166 and any other applicable law, rule or regulation, development within the AH-1 Zone District shall comply with the following requirements:

Minimum gross floor area, dwelling units:

Efficiency: 600 square feet.

One-bedroom: 700 square feet.

Two-bedroom: 900 square feet.

Three-bedroom: 1,050 square feet.

Affordable housing requirements.

All housing units shall be affordable in accordance with the rules and regulations of the N.J. Council on Affordable Housing at N.J.A.C. 5:97-1.1 et seq. and the Uniform Housing Affordability Controls at N.J.A.C. 5:80-26.1 et seq. In addition, at least 13% of the total number of housing units shall be affordable to very low-income households.

All affordable dwelling units shall comply with all applicable rules and regulations of the N.J. Council on Affordable Housing at N.J.A.C. 5:97, of the Uniform Housing Affordability Controls at N.J.A.C. 5:80-26.1 et seq., the N.J. Fair Housing Act and all other applicable rules and regulations pertaining to affordable housing, all as may be amended. In case of conflict between said rules, regulations and statutes and the requirements of this article, said rules, regulations and statutes shall supersede.

The cost of administering and advertising the affordable units shall be the responsibility of the developer and his successor(s), and shall be a requirement of site plan approval for the development.

Exemption from tree removal replacement requirements. Notwithstanding the provisions of § 166-131, Tree preservation, removal and planting, developments containing one-hundred-percent affordable housing in the AH-1 Zone shall be exempt from the requirement to replace trees that must be removed as part of the development process, subject to review and approval of the tree removal by the Planning Board or Board of Adjustment, as applicable. The foregoing shall not be construed to exempt such developments from all other requirements to provide landscaping, including the planting of trees, on portions of the site not developed with buildings, pavement or other structures.

[Amended 12-19-2011 by Ord. No. 30-11]

All other applicable requirements of Chapter 166, Land Use and Development Legislation, shall apply to development within the AH-1 Overlay District unless specifically superseded by the regulations of this article.

§ 166-180.25 Purpose and intent.

The purpose and intent of the AH-2 Overlay District is to provide an option for the development of age-restricted affordable housing. The AH-2 District is an overlay district in that the district regulations only apply in the case of affordable housing development, and only within that portion of the district developed for affordable housing. The regulations of the I-P2 Zone District, which underlies the AH-2 Overlay District as depicted on the Zoning Map, shall apply to all development other than affordable housing development.

§ 166-180.26 Boundaries of district.

The AH-2 Overlay District boundaries are described as follows:

Beginning at a point where the front lot line on North Jefferson Road of Block 9102, Lot 5, intersects the side lot line of Block 9202, Lot 14, as depicted on the official tax maps of the Township; thence

Along a line extending along the common boundary between Block 9102, Lot 5, and Block 9202, Lots 14 and 14.01, to a point 350 feet, measured perpendicularly, from the front lot line of Block 9102, Lot 5; thence

Along a line parallel to and at a distance of 350 feet from the front lot line of Block 9102, Lot 5, to a point within the New Jersey Power and Light Company easement, said point being located 130 feet, measured perpendicularly and in a southerly direction, from the northerly boundary of said easement; thence

Along a line parallel to and at a distance of 130 feet, measured perpendicularly and in a southerly direction from the northerly boundary of the New Jersey Power and Light Company easement, to the front lot line of Block 9102, Lot 5, coterminous with the easterly boundary of the right-of-way of North Jefferson Road; thence

Along the front lot line of Block 9102, Lot 5, in a northeasterly direction to the point of beginning as set forth in Subsection A above.

§ 166-180.27 Permitted principal uses and structures.

The permitted principal uses in the AH-2 Overlay District shall be limited to age-restricted units, as defined in § 72-3 of the Township Code, that are affordable to very-low-, low- and moderate-income households, as defined in § 72-3 of the Township Code, and which are located within a multifamily building or buildings, and as regulated by § 166-180.31.

§ 166-180.28 Permitted accessory uses.

The permitted accessory uses in the AH-2 Overlay District shall be limited to the following:

Surface parking areas and driveways.

Recreational facilities for the use of residents of the development and their guests.

Garages attached to or detached from a principal building.

Signs accessory to the principal use.

Other accessory uses and structures that are customarily incidental to the permitted principal use, unless specifically prohibited by this chapter or other applicable law.

§ 166-180.29 Prohibited uses.

Uses prohibited in the AH-2 Overlay District shall include the following:

Any principal use not specifically permitted by this chapter or other applicable law.

Any use prohibited in all zone districts of the Township of Hanover.

§ 166-180.30 Lot, bulk, and intensity of use standards.

The lot, bulk, and intensity of use standards for the AH-2 Overlay District shall be as set forth below:

Minimum lot area: three acres.

Minimum and maximum number of dwelling units: 60 dwelling units.

Maximum building coverage: 20% of the gross lot area.

Maximum improvement coverage: 55% of the gross lot area.

Maximum building height: four stories and 60 feet.

Minimum yard depths/setbacks.

Buildings.

Seventy-five feet from all front lot lines.

Seventy-five feet from all lot lines abutting an adjacent residential zone district.

Forty feet from all other lot lines.

Parking areas, driveways, and outdoor recreation areas.

Seventy-five feet from all front lot lines.

Fifty feet from all lot lines abutting an adjacent residential zone district.

Fifteen feet from all other lot lines.

Minimum distance between principal buildings: 30 feet.

Minimum distance between buildings and vehicular use areas (e.g., parking and loading areas and driveways): 10 feet, except that this requirement shall not apply to driveways designed and intended to provide direct access to garages or other buildings.

§ 166-180.31 Affordable housing requirements.

All dwelling units constructed in the AH-2 Overlay District shall be required to be age-restricted affordable rental units.

All affordable units to be produced pursuant to this article shall comply with the Township's Affordable Housing Ordinance at Chapter 72 of the Township Code, as may be amended and supplemented, the Uniform Housing Affordability Controls (UHAC) (N.J.A.C. 5:80-26.1 et seq.), or any successor regulation, the Township's Housing Element and Fair Share Plan, as may be amended from time to time, and any applicable order of the Court, including a judgment of compliance and repose order. This includes, but is not limited to, the following requirements for all affordable units:

Low-/moderate-income split. A maximum of 50% of the affordable units shall be moderate-income units and a minimum of 50% of the affordable units shall be low-income units. At least 13% of all restricted rental units shall be very-low-income units, which shall be counted as part of the required number of low-income units within the development.

Bedroom mix. Irrespective of any bedroom distribution requirements to the contrary, all dwelling units shall contain one bedroom. No dwelling unit shall contain more than one bedroom.

Deed restriction period. Each affordable rental unit shall remain subject to these affordability controls, covenants, conditions, deed restrictions, and the applicable affordable housing regulations for a minimum period of at least 30 years. At the conclusion of the thirty-year term, the affordability controls, covenants, conditions, and deed restrictions shall not automatically expire. At the conclusion of the thirty-year term, the Township reserves the right to exercise the option to extend the affordability controls, covenants, conditions and deed restrictions for an additional period of time by formal adoption of a resolution; or exercise any other option(s) available to the Township to preserve the affordability controls as set forth in UHAC or any other applicable statute, regulation or law that may be in effect at that time. At the conclusion of the thirty-year term, the Township shall be afforded a reasonable amount of time not to exceed 120 days to exercise this option to preserve and extend the affordability controls, covenants, conditions and deed restrictions; or to release the affordable unit from such requirements by formal adoption of an ordinance taken in compliance with N.J.A.C. 5:80-26.11(e) or any other applicable statute, regulation or law that may be in effect at that time.

Administrative agent. All affordable units shall be administered by a qualified administrative agent paid for by the developer.

Other affordable housing unit requirements. Developers shall also comply with all of the other requirements of the Township's Affordable Housing Ordinance, including, but not limited to, i) affirmative marketing requirements, ii) candidate qualification and screening requirements, and iii) unit phasing requirements, unless specifically modified by order of the Court.

§ 166-180.32 Other requirements.

In addition to all other applicable requirements of this article, Chapter 166 and any other applicable law, rule or regulation, development within the AH-2 Overlay District shall comply with the following requirements:

Buffer requirements.

A planted buffer area at least 25 feet in depth shall be planted along the frontage with North Jefferson Road.

A planted buffer area at least 50 feet in depth shall be planted along any property line(s) which abut an adjacent residential zone boundary.

A planted buffer area at least 15 feet in depth shall be planted between the age-restricted housing development and any property in the underlying I-P2 Zone which is not developed for residential use.

The buffer plantings shall be located within the AH-2 Overlay District.

All required buffer areas shall be designed in accordance with § 166-125D and E.

Signage. Signage requirements for the AH-2 Overlay District shall be consistent with the requirements for signs as set forth in § 166-143.

Exemption from tree removal replacement requirements. Notwithstanding the provisions of § 166-131, Tree preservation, removal and replanting, affordable housing developments in the AH-2 Overlay District shall be exempt from the requirement to replace trees that must be removed as part of the development process, subject to review and approval of the tree removal by the Planning Board or Board of Adjustment, as applicable. The foregoing shall not be construed to exempt such developments from all other requirements to provide landscaping, including the planting of trees, on portions of the site not developed with buildings, pavement or other structures.

All other applicable requirements of this chapter, and of other chapters of the Township Code, shall apply to development within the AH-2 Overlay District unless specifically superseded by the regulations of this article.

§ 166-181 Primary intended use.

This B Business Zone District is limited to the sale on the premises to the ultimate consumer of commodities or services or the furnishing thereof for the entire community. Also permitted in this zone are business and professional offices and state-licensed nursing homes. This zone also permits conditional uses as set forth in § 166-149 and accessory uses customarily incident to the permitted principal uses; provided, however, that 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:

[Amended 6-10-1999 by Ord. No. 17-99]

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.

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.

Before the issuance of a construction or occupancy permit, the Planning Board shall review and approve a preliminary and final site plan of the proposed business use and shall ascertain that all requirements of this section are complied with.

§ 166-182 Prohibited uses.

This zone shall specifically prohibit, in addition to any use other than as permitted in § 166-181, the following:

Residential construction or conversion.

Any business conducted outside the confines of a building, with the following exceptions:

Plant material nurseries.

(Reserved)

[Amended 5-12-2016 by Ord. No. 15-16; 12-14-2017 by Ord. No. 26-2017]

Drive-in banks.

Used car sales as a principal use. Used car sales are permitted as an accessory use to a business where new cars are sold within the confines of a building, provided that the area devoted to the sale of used cars is no larger than the floor area of the building used for new car sales.

Junkyards or the dismantling of automobiles.

Outdoor amusements.

Eating establishments where food or drink is consumed or served outside the confines of a structure on the premises.

Warehouse/logistics uses as defined in § 166-4, unless accessory to a permitted principal use.

[Amended 5-9-2024 by Ord. No. 10-2024]

Storage yards, unless accessory to a permitted principal use.

[Amended 5-9-2024 by Ord. No. 10-2024]

Auction establishments.

Any industrial use whatsoever.

Nothing contained herein shall be construed in any manner to permit a use which fails to conform to the performance standards of § 166-193.

Hotels and motels.

More than one principal building on a lot.

[Added 4-14-1988 by Ord. No. 3-88]

For the purpose of this article, such uses as laundries, bakeries and the like shall be deemed to be industries where they employ more than 10 persons or use any machine requiring more than 10 horsepower, but it is not intended that a store or a service, such as a department store or bank, shall be limited as to the number of its employees.

§ 166-183 Required conditions.

The following requirements must be complied with in the B Zone:

No building shall exceed a maximum of 28 feet in height, exclusive of roof tanks and supports, chimneys or head houses or similar enclosures for air-conditioning machinery or other apparatus. The foregoing 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 twenty-eight-foot height limit as regulated in § 166-138.1B(2).

There shall be a front yard of not less than 50 feet.

There shall be a side yard of 15 feet; provided, however, that where the side yard of a lot in the B Zone abuts a residence zone, said side yard shall not be less than 40 feet.

[Amended 12-13-2001 by Ord. No. 18-2001]

There shall be a rear yard of at least 25 feet where the rear yard abuts a business-zoned property. There shall be a rear yard of at least 40 feet where the rear yard abuts a residentially zoned property. Where a railroad right-of-way abuts the rear of the property, up to 10 feet of said right-of-way may be counted as part of the rear yard.

Prior to the issuance of a building permit or certificate of occupancy, the Planning Board shall review and approve a site plan as required in Part 4.

No store or shop shall use any noisemaking devices, such as phonographs, loudspeakers, amplifiers, radios, television sets or similar devices, so situated as to be heard outside any building. No smoke, fumes or objectionable odors shall be emitted from any building. The display of merchandise placed on the exterior premises of any building is prohibited.

Every building shall be faced on all exterior walls with a veneer material as approved by the Planning Board.

§ 166-183.1 Purpose and intent.

The purpose and intent of the B-10 Zone District is to:

Establish a regulatory framework that will enhance the character of the Route 10 corridor in the Township;

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;

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;

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;

Enhance the appearance of the district, and of the Township as a whole;

Preserve and enhance retail commercial areas by defining their functional role in the Township and the region;

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;

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

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]

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.

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.

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.

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.

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.

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:

Retail trade uses, limited to:

Motor vehicle and parts dealers, limited to:

New car dealers (441110), including used car dealers when an accessory use to a new car dealer on the same premises.

Motorcycle, atv, and all other motor vehicle dealers (441228).

Automotive parts and accessories stores (441310).

Tire dealers (441320), but excluding motor vehicle repair or maintenance establishments regulated as a conditional use.

Furniture and home furnishings stores (442).

Electronics and appliance stores (443).

Building material and garden equipment and supplies dealers (444).

Food and beverage stores (445).

Health and personal care stores (446).

Clothing and clothing accessories stores (448).

Sporting goods, hobby, musical instrument, and book stores (451).

General merchandise stores (452).

(j)

Miscellaneous store retailers, limited to:

Florists (4531).

Office supplies and stationery stores (45321).

Gift, novelty, and souvenir stores (45322).

Used merchandise stores (4533).

All other miscellaneous store retailers (4539), excluding manufactured (mobile) home dealers (45393) and live retail auctions (45399).

(k)

Nonstore retailers, limited to electronic shopping and mail-order houses (4541), but excluding warehouse/logistics uses as defined by § 166-4, unless permitted by Subsection B(16) below.

Taxi and limousine services (4853).

Motion picture theaters (512131).

Banks, savings and loan institutions, credit unions, lending establishments and similar uses (522).

Real estate and rental and leasing services, limited to:

Passenger car rental and leasing (53211).

Consumer goods rental (5322).

General rental centers (532310).

Office machinery and equipment rental and leasing (532420).

Educational services, limited to:

Business schools and computer and management training (6114).

Technical and trade schools (6115).

Other schools and instruction (6116).

Educational support services (6117).

Health care and social assistance services, limited to:

Ambulatory health care services (621).

Child and youth services (62411).

Services for the elderly and persons with disabilities (62412).

Other individual and family services (62419).

Community food services (62421).

Vocational rehabilitation services (62431).

Child-care centers, as regulated by N.J.S.A. 40:55D-66.6.

Arts, entertainment, and recreation services, limited to:

Performing arts, spectator sports, and related industries (711).

Museums, historical sites, and similar institutions (712).

Other amusement and recreation industries (7139).

Food services and drinking places (722). Drive-in restaurants shall only be permitted in the locations specified by § 166-183.8G.

Other services, limited to:

Personal care services (8121).

Dry-cleaning and laundry services (8123), excluding industrial launderers (812332).

Other personal services (8129).

Business, administrative and professional offices.

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:

The gross floor area of the manufacturing and other nonretail operations shall not exceed 10,000 square feet.

The gross floor area of the retail operations shall not be less than 1,000 square feet.

The manufacturing operation shall comply with the performance standards in § 166-193.

Hotels.

Research laboratories devoted exclusively to research design and experimentation, limited to those laboratories permitted in the OB-RL Zone District pursuant to § 166-190.

Veterinary services (541940).

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:

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.

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.

The gross floor area of the storage building shall not exceed 10,000 square feet.

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.

No elevated loading docks, such as typically used for large truck deliveries and shipments, shall be permitted.

No outdoor storage of materials, equipment or vehicles associated with the storage or warehouse operation shall be permitted.

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.

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.

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.

Gasoline stations, with or without a convenience store, as regulated in § 166-150A.

Motor vehicle repair or maintenance establishments, with or without a convenience store, as regulated in § 166-150K.

Public utility buildings and structures, as regulated in § 166-150C.

§ 166-183.4 Permitted accessory uses.

The following accessory uses shall be permitted in the B-10 Zone District:

Off-street parking.

Signs.

Uses accessory to a permitted principal or conditional use located on the same property or on adjacent property in the D-S or WC Zone Districts.

Other uses customarily accessory and incidental to permitted principal or conditional uses.

§ 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:

Residential dwellings.

Inpatient care or overnight lodging, except as part of permitted hotel operation.

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:

Building material and garden equipment and supplies dealers permitted by this article.

Motor vehicle service stations as regulated in § 166-150A.

Drive-in banks, pharmacies and, where permitted by § 166-183.8G, drive-in restaurants.

[Amended 10-12-2023 by Ord. No. 31-2023]

Outdoor dining permitted as an accessory to a permitted restaurant.

The display of passenger vehicles for sale accessory to a new car dealer.

Used car sales as a principal use.

Any industrial use, except as may be specifically permitted.

Wholesale uses, except as an accessory use to a permitted principal use, or except may be specifically permitted.

Construction trade yards or buildings, except for offices for such uses.

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.

Warehouse/logistics uses as defined in § 166-4, unless specifically permitted or unless accessory to a permitted principal use.

[Added 5-9-2024 by Ord. No. 10-2024]

§ 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:

Minimum lot area: 20,000 square feet.

Minimum lot width: 100 feet.

Minimum lot depth: 200 feet.

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.

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.

Maximum building height: three stories, 45 feet.

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.

Minimum front yard depth: 60 feet, or twice the building height, whichever is greater.

Minimum side yard depth: 20 feet.

Minimum rear yard depth: 25 feet.

Minimum yard depth abutting a residential zone district: 50 feet, or twice the building height, whichever is greater.

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.

Minimum lot area: five acres.

Minimum lot width: 300 feet.

Minimum lot depth: 200 feet.

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.

Maximum height of principal buildings: 75 feet.

Minimum front yard depth: 60 feet, or twice the building height, whichever is greater.

Minimum side yard depth: 20 feet.

Minimum rear yard depth: 25 feet.

Minimum yard depth abutting a residential zone district: 50 feet, or twice the building height, whichever is greater.

Maximum number of principal buildings: unlimited.

§ 166-183.8 Other requirements.

Architectural design. Buildings shall be designed and placed in accordance with the following provisions:

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.

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.

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.

Excessive uniformity or monotony of design within the context of existing development in the neighborhood shall be avoided.

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.

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.

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.

Large unbroken building masses shall be avoided through the uses of projections, recesses, varying materials and other methods.

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.

Buffers: as required by § 166-125.

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).

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:

Hotels shall be located on properties that have frontage upon and direct access to a state highway.

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.

Hotels shall contain at least 100 lodging units or guest rooms.

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:

Such uses shall be located on tracts of land having an area of not less than 15 acres.

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:

Less than 150 feet from the right-of-way line of any public thoroughfare.

Less than 100 feet from any property line.

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.

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.

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.

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.

Paved parking areas shall be provided to ensure 100% off-street parking to all participants at all times under all conditions.

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.

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.

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.

The requirements of § 166-202G, H and I shall also be complied with.

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:

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.

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.

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]

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:

Route 10 and North or South Jefferson Road.

Route 10 and Whippany Road.

Route 10 and Troy Hills Road.

Route 10 and Algonquin Parkway.

The minimum lot area for drive-in restaurants developed as or part of a small-scale development shall be 30,000 square feet.

Driveway access.

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.

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.

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.

§ 166-183.9 Purpose and intent.

The purpose and intent of the B-10W Zone District is to:

Establish a regulatory framework that will preserve and enhance the character of that portion of the Route 10 corridor located west of Route 287 in the Township;

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;

Enhance the appearance of the district, and of the Township as a whole;

Preserve and enhance retail commercial areas by defining their functional role in the Township and the region;

Encourage a community sense of place, offering uses that incorporate the highest standards of aesthetic design resulting in an attractive corridor in the Township;

Promote development and redevelopment of under- or poorly utilized or developed properties; and

Promote safe and efficient transportation design and improvements.

§ 166-183.10 Permitted principal uses.

The permitted principal uses in the B-10W 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 https://www.census.gov/naics/. The following list is subject to any applicable use limitations set forth in this chapter:

Retail trade uses, limited to:

Motor vehicle and parts dealers, limited to:

New car dealers (441110), including used car dealers when an accessory use to a new car dealer on the same premises.

Motorcycle, atv, and all other motor vehicle dealers (441228).

Automotive parts and accessories stores (441310).

Tire dealers (441320), but excluding motor vehicle repair or maintenance establishments.

Furniture and home furnishings stores (442).

Electronics and appliance stores (443).

Building material and garden equipment and supplies dealers (444).

Food and beverage stores (445).

Health and personal care stores (446).

Gasoline stations (447).

Clothing and clothing accessories stores (448).

Sporting goods, hobby, musical instrument, and book stores (451).

(j)

General merchandise stores (452).

(k)

Miscellaneous store retailers, limited to:

Florists (4531).

Office supplies and stationery stores (45321).

Gift, novelty, and souvenir stores (45322).

Used merchandise stores (4533).

All other miscellaneous store retailers (4539), excluding manufactured (mobile) home dealers (45393) and live retail auctions (45399).

(l)

Nonstore retailers, limited to electronic shopping and mail-order houses (4541), but excluding warehouse/logistics uses.

[Amended 5-9-2024 by Ord. No. 10-2024]

Taxi and limousine services (4853).

Motion picture theaters (512131).

Banks, savings and loan institutions, credit unions, lending establishments and similar uses (522).

Real estate and rental and leasing services, limited to:

Passenger car rental and leasing (53211).

Consumer goods rental (5322).

General rental centers (532310).

Office machinery and equipment rental and leasing (532420).

Educational services, limited to:

Business schools and computer and management training (6114).

Technical and trade schools (6115).

Other schools and instruction (6116).

Educational support services (6117).

Health care and social assistance services, limited to:

Ambulatory health care services (621).

Child and youth services (62411).

Services for the elderly and persons with disabilities (62412).

Other individual and family services (62419).

Community food services (62421).

Vocational rehabilitation services (62431).

Child-care centers, as regulated by N.J.S.A. 40:55D-66.6.

Arts, entertainment, and recreation services, limited to the following, and subject to the outdoor use prohibition of § 166-183.13C:

Performing arts and related industries (711).

Museums, historical sites, and similar institutions (712).

Other amusement and recreation industries (7139).

Food services and drinking places (722), including but not limited to sit-down, drive-in, drive-through, and take-out restaurants.

Other services, limited to:

Personal care services (8121).

Dry-cleaning and laundry services (8123), excluding industrial launderers (812332).

Other personal services (8129).

Business, administrative and professional offices.

Hotels.

Veterinary services (541940).

§ 166-183.11 Conditional uses.

Public utility buildings and structures, as regulated in § 166-150C.

§ 166-183.12 Permitted accessory uses.

The following accessory uses shall be permitted in the B-10W Zone District:

Off-street parking.

Signs.

Other uses customarily accessory and incidental to permitted principal or conditional uses.

§ 166-183.13 Prohibited uses and use limitations.

Residential dwellings.

Inpatient care or overnight lodging, except as part of permitted hotel operation.

Building material and garden equipment and supplies dealers permitted by this article.

Gasoline stations as permitted by this article. As part of any gasoline station, there shall be permitted the display of materials routinely used for motor vehicle operation and maintenance, such as windshield washer fluid, motor oil, and antifreeze. Such display shall be limited to the pump islands only.

Drive-in banks, pharmacies and drive-in restaurants.

Outdoor dining permitted as an accessory to a permitted restaurant.

The display of passenger vehicles for sale accessory to a new car dealer.

Used car sales as a principal use.

Any industrial use.

Wholesale uses, except as an accessory use to a permitted principal use, or except may be specifically permitted.

Construction trade yards or buildings, except for offices for such uses.

Warehouse/logistics uses as defined in § 166-4, unless accessory to a permitted principal use.

[Amended 5-9-2024 by Ord. No. 10-2024]

§ 166-183.14 Lot, bulk and intensity of use regulations, small-scale development.

Minimum lot area: 50,000 square feet.

Minimum lot width: 200 feet.

Minimum lot depth: 200 feet.

Maximum building height: three stories, 45 feet.

Minimum front yard depth: 60 feet, or twice the building height, whichever is greater.

Minimum side yard depth: 30 feet.

Minimum rear yard depth: 30 feet.

Minimum distance between principal buildings: 60 feet.

§ 166-183.15 Lot, bulk and intensity of use regulations, large-scale development.

Minimum lot area: five acres.

Minimum lot width: 300 feet.

Minimum lot depth: 200 feet.

Maximum height of principal buildings: 75 feet.

Minimum front yard depth: 60 feet, or twice the building height, whichever is greater.

Minimum side yard depth: 30 feet.

Minimum rear yard depth: 30 feet.

Minimum distance between principal buildings: 60 feet.

§ 166-183.16 Other requirements.

Architectural design. Buildings shall be designed and placed in accordance with the following provisions:

The design of buildings shall be harmonious with the character of existing development in the immediate vicinity, and shall enhance the character of the surrounding neighborhood and the Township as a whole, and shall avoid adversely affecting the value of adjacent or nearby properties.

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.

Excessive uniformity or monotony of design within the context of existing development in the neighborhood shall be avoided.

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.

Bright or brilliant colors shall be used only for accent and shall not substantially depart from the character of existing neighborhood colors or detract from the overall appearance of the neighborhood.

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.

Large unbroken building masses shall be avoided through the uses of projections, recesses, varying materials and other methods.

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. If the following requirements conflict with other applicable requirements of this chapter, the more restrictive requirement shall apply:

Hotels shall be located on properties that have frontage upon and direct access to a state highway.

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.

Hotels shall contain at least 100 lodging units or guest rooms.

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:

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.

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.

§ 166-186.6 Purpose and intent.

[Amended 5-12-2016 by Ord. No. 15-16]

The B-P2 District is intended to encourage the development of certain limited small-scale service establishments and professional office uses that provide services primarily to residents of the community. In appropriate locations and circumstances as set forth in this article, the district also promotes the development of certain retail sales establishments, gasoline stations, restaurants and housing.

§ 166-186.7 Permitted principal uses.

The following principal uses shall be permitted in the B-P2 Zone District, except as prohibited by § 166-186.10 or as may otherwise be prohibited by this chapter:

Service establishments limited to barber shops, beauty salons, hair and nail salons, diet and weight-reducing centers, tanning salons and saunas, electrolysis, funeral homes, laundry and dry-cleaning services, but excluding commercial laundries and dry-cleaning operations performed on the premises, tailor and garment care services, shoe repair services and portrait photographic studios.

Financial and banking service establishments.

Business, administrative and professional offices.

Child-care centers as defined in § 166-4.

Multifamily and single-family attached residential dwellings, as regulated by § 166-186.11B.

Residential dwelling units located in a mixed-use (nonresidential-residential) building and where the dwelling units are located on the upper floors of the building (i.e., not on the ground or basement floor), as regulated by § 166-186.11C.

Uses permitted in all zone districts or in all nonresidential zone districts by this chapter and as regulated by this chapter.

§ 166-186.8 Permitted accessory uses.

The following accessory uses and structures shall be permitted in the B-P2 Zone District, all as may be regulated by this chapter or by other applicable law:

Off-street parking.

Garages and storage buildings.

Recreational and community facilities accessory to permitted residential uses.

Signs.

Other uses and structures customarily accessory and incidental to permitted principal uses.

§ 166-186.9 Conditional uses and structures.

[Amended 5-12-2016 by Ord. No. 15-16]

The following conditional uses and structures shall be permitted in the BP-2 District only if they comply with the appropriate regulations for such uses or structures set forth in this section. Such uses shall also be required to comply with the requirements for nonresidential uses in § 166-186.11 below and other applicable requirements of this chapter, provided that only violations of the requirements in Subsections A and B below shall be construed as violations of conditional use requirements. In case of conflict between the conditional use regulations of this section and other requirements of this chapter, the conditional use regulations shall control.

Restaurants other than fast-food restaurants; retail sales establishments limited to pharmacies and drug stores, paint, glass and wallpaper stores, automotive parts and accessories stores excluding tire dealers, hardware stores, food and beverage stores, convenience stores, clothing and clothing accessories stores, sporting goods, hobby, and musical instrument stores, and general merchandise stores; and video rental stores. The aforesaid uses shall be permitted only if they comply with the following requirements:

The use shall be located on a corner lot having frontage on both Parsippany Road and Whippany Road.

All buildings and paved areas devoted to the use shall be located within 400 feet of the intersection of the center lines of Parsippany Road and Whippany Road.

Principal buildings shall be oriented so that the primary building facade faces Parsippany Road and not Whippany Road. The primary building facade shall be that facade containing the main public entrance to the building and the primary wall-mounted sign for the building, if any.

Access shall be designed so that the primary access driveway shall be from Parsippany Road. Access to Whippany Road shall be limited to exit driveways only.

No individual use shall exceed a gross floor area of 20,000 square feet.

Gasoline stations, alone or on the same lot as other, permitted uses, shall be permitted only if they comply with the requirements in § 166-150A, as well as the following requirements:

All buildings and paved areas devoted to the use shall be located within 400 feet of the intersection of the center lines of Parsippany Road and Whippany Road.

Access shall be designed so that the primary access driveway shall be from Parsippany Road. Access to Whippany Road shall be limited to exit driveways only.

There shall be no repair, maintenance or washing of motor vehicles conducted on the premises, except for customary services provided while refueling motor vehicles, such as adding vehicle fluids, washing windows, etc., and except for a self-service air pump for tires.

§ 166-186.10 Prohibited uses and structures.

Any use other than those listed in §§ 166-186.7 and 166-186.8 is prohibited. In addition, and notwithstanding the permitted principal, accessory and conditional uses provided by this article, the following uses are specifically prohibited:

Establishments engaged in retail sales, except for retail sales uses specifically permitted by § 166-186.9 and except for retail sales which are incidental and accessory to other permitted principal uses.

Dry-cleaning establishments where the dry cleaning is done on the premises.

Any business conducted outside the confines of a building, except for gasoline stations as regulated by § 166-186.9 and except that uses permitted by §§ 166-186.7 and 166-186.9 that include a drive-in or drive through component accessory to the principal use shall not be prohibited.

[Amended 5-12-2016 by Ord. No. 15-16]

Fast-food restaurants.

Any building, structure or use which would create an undue hazard of fire, explosion or nuisance by reason of odor, noise, dust or smoke or which in any way would be detrimental to the health, public morals and public safety of the community.

Any use which fails to conform to the performance standards of § 166-193.

Warehouse/logistics uses as defined in § 166-4, unless accessory to a permitted principal use.

[Added 5-9-2024 by Ord. No. 10-2024]

§ 166-186.11 Required conditions.

The following requirements must be complied with in the B-P2 Zone District:

Nonresidential uses. Permitted nonresidential uses shall comply with the following requirements:

Minimum lot area: 15,000 square feet, with a contiguous area of at least 15,000 square feet located outside of wetland areas or wetland transition areas as determined by a letter of interpretation and as may be determined by the issuance of a permit or permits under the Freshwater Wetlands Protection Act from the New Jersey Department of Environmental Protection.

Minimum lot width: 100 feet, measured at the required minimum front yard setback line.

Average lot width: 100 feet within 150 feet of the front lot line, calculated such that there shall be at least 15,000 square feet of lot area within 150 feet of the front lot line.

Minimum lot frontage: 100 feet.

Minimum front yard depth: 50 feet.

Minimum side yard depth: 15 feet, unless a greater dimension is required for a buffer as required by this section.

Minimum rear yard depth: 25 feet, unless a greater dimension is required for a buffer as required by this section.

Maximum floor area ratio: 25% of the lot area or 25,000 square feet, whichever is less.

Maximum building coverage: 25% of the lot area.

Maximum improvement coverage: 70% of the lot area.

Maximum building height: 35 feet, exclusive of roof-mounted equipment, chimneys or other minor architectural features. The foregoing roof equipment and structures shall not exceed five feet in height above the roof portion to which they are attached, nor shall their total area exceed 5% of the roof area to which they are attached.

Buffer requirements. All of the applicable requirements of § 166-125 shall be complied with; in addition, nonresidential development on any property abutting a property in the B-P2 District that is developed with a residential use, excluding mixed nonresidential-residential use, shall provide a buffer in the same manner as a nonresidential zone abutting a residential zone, as required by § 166-125.

Riparian buffer. No buildings or paved areas shall be permitted within 75 feet of the waterlines of the Whippany River as depicted on Sheet J-22 of a map, entitled "Delineation of Floodway and Flood Hazard Area, Whippany River - Malapardis River," prepared by the New Jersey Department of Environmental Protection, and last revised April 1987. Said map is available in the office of the Engineering Department for inspection. The waterlines on said map are depicted with the symbol,"_____....._____". No lawn, detention basin, retention basin or similar improvements shall be permitted within 50 feet of the waterlines of the Whippany River as depicted on said map; said area shall remain in a natural condition. Notwithstanding the foregoing, pathways designed to provide access for open space and recreational purposes shall be permitted within required riparian buffer areas.

Minimum number of parking spaces: One off-street parking space for every 200 square feet of gross floor area or part thereof.

Location of parking and loading areas. Parking and loading areas for the conditional uses in § 166-186.9 shall be located at least 20 feet from front lot lines, except for driveways providing direct access from or egress to a street. Parking and loading spaces for all other nonresidential uses shall be prohibited in the front yard. Parking and loading areas in the side and rear yards and driveways in the front yard shall be located at least 10 feet from any side lot line or rear lot line, unless a greater dimension is required for a buffer as required by this section.

Signs. Signs shall be required to comply with the provisions of § 166-144 and all other applicable provisions of Article XX, Signs.

[Amended 10-10-2019 by Ord. No. 38-19]

(17)

Landscaping.

Attractive landscape plantings shall be provided as required by all applicable laws and regulations and approved during the site plan review process.

Existing trees shall be retained wherever possible. Removal and preservation of trees shall comply with all applicable regulations of the Township of Hanover and any other entity having jurisdiction.

Shade trees shall be evenly distributed within and/or around the perimeter of parking areas at a ratio of at least one tree for each 10 parking spaces, exclusive of spaces located within garages, beneath buildings or within driveways providing direct access to garages.

Multifamily and single-family attached residential dwellings. The development of multifamily and single-family attached residential dwellings shall be subject to the following requirements:

Minimum tract area: 10 acres, with at least seven contiguous acres located outside of wetland areas or wetland transition areas as determined by a letter of interpretation and as may be determined by the issuance of a permit or permits under the Freshwater Wetlands Protection Act from the New Jersey Department of Environmental Protection.

Maximum tract density: eight dwelling units per gross acre of the tract.

Minimum front yard, buildings: 200 feet from Parsippany Road or Whippany Road; 28 feet from the pavement of any internal street to the development.

Minimum side and rear yards: 40 feet; but 50 feet from any lot used primarily for a detached single-family dwelling, unless a greater dimension is required for a buffer as required by this section.

Minimum distance between buildings. The following minimum dimensions shall separate principal buildings:

Front wall facing front wall: 85 feet.

Front wall facing rear wall: 60 feet.

Front wall facing end/side wall: 50 feet.

End/side wall facing end/side wall: 30 feet.

End/side wall facing rear wall: 30 feet.

Rear wall facing rear wall: 50 feet.

In case of uncertainty as to the definition of "front," "rear," "end/side" walls, or in case the angle of the walls facing each other makes interpretation of the required setbacks uncertain, the more restrictive of possible interpretations shall apply.

Maximum height of principal buildings. No building shall exceed 45 feet in height or three stories.

Accessory buildings. Accessory buildings shall comply with the applicable provisions of § 166-114; provided, however, that a building designed and used as a community center, meeting rooms, indoor recreational facilities, etc., shall comply with the following requirements:

The height of such buildings shall not exceed 30 feet.

Such buildings shall comply with the setbacks applicable to principal buildings.

Such buildings shall be prohibited in the front yard.

Maximum coverage by buildings and other roofed structures. The coverage by buildings and other roofed structures shall not exceed 20% of the tract area.

Maximum coverage by all improvements. The coverage by all improvements, including buildings, paved areas and other improvements other than soil, organic mulch and vegetation, shall not exceed 50% of the tract area.

Buffer requirements. All of the applicable requirements of § 166-125 shall be complied with; in addition, development of active adult dwellings on any property abutting a property in the B-P2 District that is developed with a single-family or two-family residential use shall provide a buffer in the same manner as a multifamily residential zone abutting a residential zone, as required by § 166-125.

Riparian buffer. The riparian buffer requirements of § 166-186.11A(13) above shall apply to multifamily and single-family attached residential developments.

Open space. At least 10% of the land area of the tract shall be reserved for open space and active and passive recreation facilities. For purposes of determining compliance with this requirement, the following areas shall not be credited toward the ten-percent land area requirement:

Water areas and areas within wetlands or wetland transition areas.

Areas within 50 feet of Parsippany Road and Whippany Road.

Areas within 25 feet of side or rear lot lines.

Areas which are not reasonably accessible by pedestrians or which pedestrians are not permitted to enter.

Areas within 25 feet of site buildings, parking areas, roadways and driveways, unless such areas are designed to provide recreational services (e.g., clubhouse, community center, etc.).

Buildings, parking areas, driveways and other paved areas used for nonrecreational purposes.

Building design.

Building dimension. The horizontal dimension of buildings shall not exceed 200 feet on any facade.

Front wall horizontal projection. The front wall of all principal buildings shall provide horizontal projections and/or recesses designed to provide visual interest and avoid large blank walls as viewed from the street or internal roadways.

Front wall material. The front wall of all principal buildings shall be surfaced with at least two different materials, including but not limited to brick, wood, stucco and similar materials. Each of the two required materials shall comprise at least 25% of the front wall surface area.

Roof pitch. The minimum roof pitch of all buildings shall be at least 33% (i.e., 1:3).

Windows and doors. At least 15% of the surface area of the exterior wall on the front and rear of all principal buildings shall be comprised of windows and doors. Both pedestrian and garage doors shall be included in determining compliance with the foregoing requirement. The wall surface area shall be measured from the ground to the roof eaves, exclusive of gables located above the roof eaves. Walls facing interior courts shall be exempted from this requirement.

Access, circulation and parking. The design and amount of site access, circulation and parking shall be in accordance with the requirements of the New Jersey Residential Site Improvement Standards (N.J.A.C. 5:21-1 et seq.). In addition, the following provisions shall apply:

Parking areas shall not be located in the front yard between principal buildings and any improved public street. Individual driveways providing access to garage parking spaces shall not have direct access to a public street but may have direct access to an internal roadway.

Buildings shall be located at least 25 feet from internal roadways, driveways and access aisles, except for driveways located in front of garage doors.

Parking areas and driveways shall be set back at least 20 feet from all property lines abutting a residential zone or property developed with a residential use, and at least 10 feet from all other property lines, except when more stringent requirements may apply pursuant to this chapter.

Parking areas shall be set back at least 10 feet from building walls, except garage parking and parking spaces in driveways located in front of garage doors.

Landscaping.

Attractive landscape plantings shall be provided as required by all applicable laws and regulations and approved during the site plan review process.

Existing trees shall be retained wherever possible. Removal and preservation of trees shall comply with all applicable regulations of the Township of Hanover and any other entity having jurisdiction.

Shade trees shall be evenly distributed within and/or around the perimeter of parking areas at a ratio of at least one tree for each 10 parking spaces, exclusive of spaces located within garages, beneath buildings or within driveways providing direct access to garages.

Signs. Signs shall be required to comply with the provisions of § 166-143 and all other applicable provisions of Article XX, Signs.

(17)

Affordable housing requirements. Any development of multifamily and single-family attached dwellings containing at least five dwelling units shall be required to include as part of the development affordable housing in accordance with the following:

At least 25% of the total number of housing units shall be affordable.

Affordable housing units shall be constructed in accordance with the following schedule:

Percentage of Market-Rate Units Completed	Minimum Percentage of Low- and Moderate-Income Units Completed
25	0
25 + 1 unit	10
50	50
75	75
90	100

To the extent feasible, affordable units shall be fully integrated with market-rate units.

The development shall ensure that affordable units utilize the same heating source as market-rate units within the inclusionary development and have access to all community amenities available to market-rate and subsidized in whole by association fees, if applicable.

The first floor of all townhouse dwelling units and other multistory dwelling units shall comply with all applicable requirements of N.J.A.C. 5:97-3.14.

The affordable units shall comply with N.J.A.C. 5:97-9 and the Uniform Housing Affordability Controls set forth in N.J.A.C. 5:80-26.

Prior to marketing completed affordable housing units, the following documentation shall be submitted to and approved by the Township:

A draft or adopted operating manual that includes a description of the program procedures and administration in accordance with the Uniform Housing Affordability Controls set forth in N.J.A.C. 5:80-26.

An affirmative marketing plan in accordance with the Uniform Housing Affordability Controls set forth in N.J.A.C. 5:80-26.

Designation of an experienced administrative agent, including a statement of his or her qualifications, in accordance with N.J.A.C. 5:96-18.

Affordable housing units shall comply with all other applicable requirements of the New Jersey Council on Affordable Housing at N.J.A.C. 5:97.

Residential dwelling units located in a mixed use (nonresidential-residential) building. In addition to the requirements for nonresidential uses, the following requirements shall apply:

Residential uses shall only be permitted in the principal building.

All dwelling units shall be located on the upper floors of the building and shall not be located on the ground or basement floor), except that the ground floor may be used to provide access, mail delivery and other functions for the dwellings that must necessarily be provided on the first floor, and except that dead storage and mechanical equipment ancillary to the dwelling unit's use shall be permitted within a basement.

The floor area devoted to residential use shall not exceed 60% of the gross floor area of the principal building.

The year-round habitable floor area for each dwelling unit shall not be less than 300 square feet, plus 300 square feet for each bedroom in the dwelling unit. Each dwelling unit shall contain at least one bedroom.

No more than two dwelling units shall be permitted in any building or on any lot.

No residence shall be permitted in the same building or on the same lot with a nonresidential use that operates between the hours of 10:00 p.m. and 6:00 a.m.

No residence shall be permitted on the same lot as any nonresidential use involving the fueling of motor vehicles.

Any developer of a mixed nonresidential/residential development shall demonstrate, as part of any site plan review, that the nonresidential and residential uses are compatible with each other, and will not result in parking, access or safety concerns, or nuisance concerns related to excessive noise, smoke, odors, nighttime illumination, vibration and other impacts.

§ 166-186.12 Intent.

The proposed WC District is designed to encourage redevelopment of a limited area near the center of Whippany with traditional small- to medium-scale retail sales establishments, professional offices and other commercial uses that provide goods and services primarily to the population within the Township of Hanover and, to a lesser extent, adjacent municipalities. In addition, in order to promote a more coordinated form of development and to ensure the provision of affordable housing, the zone district includes an option for a higher-density mixed-use planned commercial development, with more flexible development standards.

The development standards for the district are intended to recognize and address certain existing problems in the district, including a mix of incompatible uses, insufficient lot areas and setbacks, excessive lot coverage, access constraints and flooding and water quality issues related to area watercourses. The standards are designed to encourage the assembly of smaller land parcels into larger lots that can accommodate development without resulting in excess coverage, insufficient setbacks or undue environmental impacts. It is intended to limit smaller lots to lower-intensity uses that generate less traffic and need less parking and smaller buildings.

The regulations are also intended to avoid a "highway strip" development pattern and appearance and to prevent access and circulation problems by restricting the location of parking and other paved areas, limiting the number and spacing of driveways, prohibiting or limiting freestanding signs and by requiring buildings and parking areas on adjacent lots to be separated by landscaped areas.

§ 166-186.13 Permitted principal uses.

The following principal uses and structures shall be permitted in the WC Zone District, subject to the limitations in § 166-186.16:

Retail sales establishments limited to the following, as defined by the North American Industry Classification System, 2007 edition:

Automotive parts and accessories stores, excluding tire dealers.

Furniture and home furnishings stores.

Electronics and appliance stores.

Paint and wallpaper stores.

Hardware stores.

Food and beverage stores.

Health and personal care stores, including but not limited to pharmacies and drug stores.

Clothing and clothing accessories stores.

Sporting goods, hobby, and musical instrument stores.

General merchandise stores.

Miscellaneous store retailers, except manufactured (mobile) home dealers and merchandise auction houses.

Banks.

Business, administrative and professional offices.

Personal services establishments limited to:

Laundry, cleaning and garment services, provided that commercial laundries and dry cleaning shall not be permitted on the premises.

Portrait photographic studios.

Beauty salons, nail salons and barber shops.

Shoe repair and shoeshine establishments.

Rental and leasing services limited to the following, as defined by the North American Industry Classification System, 2007 edition:

Formal wear and costume rental.

Video tape and disc rental.

Eating and drinking establishments. Drive-in restaurants shall only be permitted as part of a planned commercial development as permitted and regulated by this article.

[Amended 10-11-2018 by Ord. No. 28-2018]

Child-care centers.

Governmental buildings and uses and public parks and playgrounds.

Residential dwelling units located in a mixed use (nonresidential-residential) building and where the dwelling units are located on the upper floors of the building (i.e., not on the ground or basement floor).

Planned commercial development as regulated by this article and by other applicable provisions of this chapter.

Food and beverage manufacturing establishments that engage in selling to the general public products made on the same premises from which they are sold, limited to chocolate and confectionery manufacturing, ice cream and frozen dessert manufacturing, bread and bakery product manufacturing, perishable prepared food manufacturing, breweries, distilleries and wineries, provided that they comply with all of the following requirements:

[Added 6-8-2017 by Ord. No. 15-17; amended 12-14-2017 by Ord. No. 24-2017]

The gross floor area of the manufacturing and other nonretail operations shall not exceed 10,000 square feet.

The gross floor area of the retail operations shall not be less than 1,000 square feet.

The manufacturing operation shall comply with the performance standards in § 166-193.

§ 166-186.14 Permitted accessory uses.

The following accessory uses and structures shall be permitted in the WC Zone District, subject to the limitations in § 166-186.16:

Storage buildings.

Parking garages.

Surface parking and loading areas and driveways.

Signs.

Outdoor dining facilities. Outdoor dining facilities accessory to a permitted eating or drinking establishment or food and beverage manufacturing establishment shall be subject to the provisions of § 166-119.5, provided that § 166-119.5C shall not be construed to require setbacks and buffers between outdoor dining facilities and residential uses which are located in the WC District and further provided that the requirements of § 166-119.5H shall not apply, but shall be superseded by the requirements in this article.

[Amended 9-22-2016 by Ord. No. 25-16; 6-8-2017 by Ord. No. 15-17]

Other accessory uses and structures that are customarily incidental to a permitted principal use.

§ 166-186.15 Conditional uses.

[Amended 12-14-2017 by Ord. No. 24-2017]

Conditional uses as set forth and regulated in § 166-150 are permitted in the WC District.

§ 166-186.16 Prohibited uses.

Any use or structure other than those uses or structures permitted in §§ 166-186.13 through 186.15 above are prohibited. In addition, and not withstanding the above permitted uses, the following uses shall be specifically prohibited:

Residential construction or conversion, except as specifically permitted by § 166-186.13.

The display of goods for sale outside the confines of a building and any business conducted outside the confines of a building, except for drive-in banks, drive-in pharmacies, drive-in restaurants, and outdoor dining as permitted in this article.

[Amended 4-9-2009 by Ord. No. 8-09; 9-22-2016 by Ord. No. 25-16; 6-8-2017 by Ord. No. 15-17; 10-11-2018 by Ord. No. 28-2018]

Outdoor amusements.

Storage yards.

Lumber and other building materials establishments.

The sale of motor vehicles, mobile homes, trailers and campers.

Fuel oil dealers.

Auction establishments.

Unless specifically permitted otherwise, any use which fails to conform to the performance standards of § 166-197.

Warehouse/logistics uses as defined in § 166-4, unless accessory to a permitted principal use.

[Added 5-9-2024 by Ord. No. 10-2024]

§ 166-186.17 Development standards for conventional development.

The following development standards shall apply to conventional development within the WC Zone District:

Minimum lot area: 20,000 square feet.

[Amended 12-14-2017 by Ord. No. 24-2017]

Minimum lot width: 75 feet.

Minimum lot depth: 125 feet.

[Amended 12-14-2017 by Ord. No. 24-2017]

For lots with a net lot area under 25,000 square feet: 25% of the net lot area.

For lots with a net lot area of at least 25,000 square feet: 35% of the net lot area.

Maximum floor area, retail uses. No retail establishment shall be permitted to have a floor area that exceeds 25,000 square feet.

Maximum floor area, office uses. No office building, or portion of a building devoted to office use in a mixed-use building, shall exceed a gross floor area of 9,000 square feet.

[Amended 12-14-2017 by Ord. No. 24-2017]

For lots with a net lot area under 25,000 square feet: 25% of the net lot area.

For lots with a net lot area of at least 25,000 square feet: 35% of the net lot area.

Maximum improvement coverage. The maximum improvement coverage shall be based upon the net lot area, which shall exclude all floodways, wetlands and required transition areas for wetlands. The maximum improvement coverage shall vary by net lot area, as follows:

[Amended 12-14-2017 by Ord. No. 24-2017]

For lots with a net lot area under 25,000 square feet: 65% of the net lot area.

For lots with a net lot area of at least 25,000 square feet: 70% of the net lot area.

Maximum building height: two stories and 37 feet, with a minimum vertical distance of at least 12 feet provided between the eaves and peak of the roof. The main roof area of buildings, excluding such features as dormers, projections, etc., shall have a minimum pitch of 5:12 (vertical:horizontal) and such roof shall extend to all exterior building facades.

[Amended 4-9-2009 by Ord. No. 8-09]

Minimum yard depths.

Minimum front yard depth: 50 feet, except for front yards which abut School Street. A minimum front yard depth of five feet shall apply to yards which abut the easterly and westerly side lines of School Street. No front yard requirement shall apply to the northerly dead end line of School Street.

[Amended 12-14-2017 by Ord. No. 24-2017]

Minimum side yard depth: 20 feet.

Minimum rear yard depth: 25 feet.

Maximum number of principal buildings: one per lot.

Residential use requirements.

Residential uses shall only be permitted in the principal building.

The floor area devoted to residential use shall not exceed 50% of the gross floor area of the principal building.

No more than two dwelling units shall be permitted in any building or on any lot.

No residence shall be permitted in the same building with a nonresidential use that operates between the hours of 10:00 p.m. and 6:00 a.m.

No residence shall be permitted on the same lot as any nonresidential use involving the sale, maintenance, repair, washing or fueling of motor vehicles.

Parking and loading. Parking and loading shall be provided as regulated by §§ 166-153 and 166-155 through 166-157. In addition, the following shall apply:

Off-street parking areas and drives in the WC Zone District shall be located at least 25 feet from any street right-of-way line, except in those locations where driveways provide direct access to the street, and except for the School Street right-of-way. Off-street parking areas and drives shall be located at least five feet from the School Street right-of-way. In addition, no more than 1/2 of the area within 50 feet of any street right-of-way abutting the tract shall be covered by paved surfaces of any type; provided, however, that this requirement shall not apply to the area within 50 feet of the School Street right-of-way.

[Amended 12-14-2017 by Ord. No. 24-2017]

Parking areas and drives must be located at least 12 feet from any side lot line.

Parking areas and drives must be located at least 10 feet from any rear lot line.

Access. When located on a state highway, the number and location of driveways shall be as permitted by the State Highway Access Management Code. On other roadways, the number and location of driveways shall be as follows:

No more than one driveway opening to any one street shall be permitted for each lot; provided, however, that this requirement shall not apply to School Street.

[Amended 12-14-2017 by Ord. No. 24-2017]

In the event more than one driveway is located on a single lot, such driveways shall be located at least 75 feet apart, measured from the nearest pavement edge of the respective driveways, exclusive of flared aprons or curb radii.

No drive-in use shall have direct driveway access to Route 10 or Troy Hills Road; access to drive-in uses shall only be other driveways or roadways.

[Added 4-9-2009 by Ord. No. 8-09]

Signs: as regulated by § 166-144.

[Amended 4-9-2009 by Ord. No. 8-09]

The display of merchandise placed on the exterior premises of any building is prohibited.

Architectural design. Buildings shall be designed and placed in accordance with the following provisions:

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.

Excessive uniformity or monotony of design within the context of existing development in the neighborhood shall be avoided.

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.

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.

Large unbroken building masses shall be avoided through the uses of projections, recesses, varying materials and other methods.

All buildings shall use durable material requiring low maintenance, such as brick, stone, stucco, glass, precast concrete, aluminum or vinyl siding, 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 exposed concrete block is prohibited, unless it is architectural prefinished block.

Buffers. Landscaped buffers shall be provided as follows:

A landscaped buffer at least 15 feet in depth shall be provided for that portion of any development located directly across the railroad property from the R-15 Zone District. Such buffer shall be located outside the railroad property, and shall be designed to screen the view between development in the WC Zone District and the railroad and adjoining R-15 Zone District.

A landscaped buffer at least 10 feet in depth shall be provided between any parking area in the WC Zone District and the lot line or the limits of the permitted development rights adjacent to the railroad tracks as provided by an easement or lease agreement. The buffer shall be designed to screen the view between the parking area/drives and the railroad line.

If any land located on the railroad property or right-of-way is to be used or improved for access, parking or other purposes within the WC Zone District, the developer shall be required to demonstrate that the legal rights for such use and improvements exist and that such rights are to remain in effect for the life of the development, (e.g., a permanent easement or a ninety-nine-year lease).

§ 166-186.18 Development standards for planned commercial development.

The following development standards shall apply to planned commercial development within the WC Zone District:

Minimum tract area: eight contiguous acres.

[Amended 9-22-2016 by Ord. No. 25-16; 12-14-2017 by Ord. No. 24-2017]

Any planned commercial development shall be developed as a single entity. For purposes of administering this provision, the following shall apply:

The developer shall demonstrate, to the satisfaction of the Board, that the development is a single entity, as evidenced by the following features: shared access, parking and drainage, as appropriate; a uniform or at least compatible design theme as it relates to vehicular and pedestrian site circulation, building architecture, signage, lighting and landscaping; and a single or unified control over the operation and maintenance of common areas within the development.

Within the planned commercial development tract, individual lots shall be permitted, and such lots may have different owners. The required floor area ratio, coverage and yard setback requirements shall not apply to such individual lots, but only to the total development tract, unless specifically indicated otherwise in this article.

[Amended 9-22-2016 by Ord. No. 25-16]

As a condition of any approval of a planned commercial development, the developer shall provide, subject to approval of the Board, covenants, deed restrictions and/or other binding and enforceable controls upon the development sufficient to ensure that, notwithstanding the fact that the development may consist of multiple lots, all lots and common areas shall continue to be designed as and to function as a single entity.

If phased development is proposed, the developer shall submit a phasing plan that demonstrates, to the satisfaction of the Board, adequate provisions to ensure completion of total planned commercial development within specified time frames and an appropriate mix of land uses, affordable housing, parking and loading spaces, site access and circulation, utility services, drainage controls, landscaping and lighting at the completion of each phase.

Lot, bulk, density and intensity of use standards. Where the term "net tract area" is used below, the same shall be defined as incorporating all assembled contiguous lots and any land upon which development rights exist, which rights are guaranteed to remain in effect through the life of the development, but excluding floodways, wetlands, wetlands transition areas and road-widening easements.

Minimum lot area: none.

Minimum lot width: none.

Minimum lot depth: none.

Minimum lot frontage: none required, provided that access to a public street is provided by means of an access easement.

Maximum floor area ratio: 35% of the net tract area of the planned commercial development.

[Amended 12-14-2017 by Ord. No. 24-2017]

Maximum floor area, retail uses. No retail establishment shall be permitted to have a floor area that exceeds 25,000 square feet.

Maximum building coverage: 25% of the net tract area of the planned commercial development.

Maximum improvement coverage: 75% of the net tract area of the planned commercial development.

Maximum height of principal buildings: two stories and 37 feet, with a minimum vertical distance of at least 12 feet provided between the eaves and peak of the roof. Notwithstanding the foregoing, a height of up to three stories and 52 feet, with a minimum vertical distance of at least 12 feet provided between the eaves and peak of the roof, shall be permitted for buildings located at least 175 feet from the Route 10 right-of-way and 550 feet from the Troy Hills Road right-of-way, and at least 150 feet from any property developed for, or permitted to be developed for, residential use and which is located in a residential zone district. The main roof area of buildings, excluding such features as dormers, projections, etc. shall have a minimum pitch of 5:12 (vertical:horizontal) and such roof shall extend to all exterior building facades.

[Amended 4-9-2009 by Ord. No. 8-09]

Minimum yard depths. Unless specified otherwise below, the minimum yard depths for principal buildings specified below shall be measured from the overall tract boundary of the planned commercial development, and shall not apply to individual lot boundaries within the development.

[Amended 12-14-2017 by Ord. No. 24-2017]

Minimum side and rear yard depths: 25 feet. The Board may reduce this requirement by up to 50% without the requirement for variance approval when the tract boundary coincides with a railroad right-of-way, provided that such waiver will not interfere with the railroad operation or result in substantial detriments to the users of the building and further provided that all applicable buffer requirements for the zone district are complied with.

Maximum number of principal buildings: unlimited.

[Amended 12-14-2017 by Ord. No. 24-2017]

Mixed-use standards.

Minimum gross floor area devoted to retail sales, banks, personal services, rental and leasing services, and food and drinking establishments, all as permitted by § 166-186.13: 40% of the gross floor area, excluding basements, within the planned commercial development.

[Amended 12-14-2017 by Ord. No. 24-2017]

Maximum gross floor area devoted to nonresidential buildings other than retail sales, banks, personal services, rental and leasing services, and food and drinking establishments, all as permitted by § 166-186.13: 20% of the gross floor area, excluding basements, within the planned commercial development.

[Amended 12-14-2017 by Ord. No. 24-2017]

Maximum gross floor area devoted to residential uses: 60% of the gross floor area, excluding basements, within the planned commercial development.

[Amended 12-14-2017 by Ord. No. 24-2017]

Maximum residential density: 5.25 dwelling units per gross acre of the planned commercial development, but not to exceed 46 dwelling units.

[Amended 12-14-2017 by Ord. No. 24-2017]

Residential use shall only be permitted in a principal building and only in combination with a nonresidential use in the same building. Residential use shall be prohibited on the ground floor or in the basement of the building, except that the ground floor may be used only as needed to provide access, mail delivery and other functions that must necessarily be provided on the first floor, and except that dead storage ancillary to residential use shall be permitted within a basement.

Within any building, not more than 80% of the total gross floor area of the building, exclusive of basements, shall be devoted to residential use. This limitation shall include areas devoted to dwelling units but also common hallways and vestibules, stairwells, elevators, storage other than in the basement, etc.

Affordable housing requirements.

The developer of any planned commercial development shall be required to provide within the planned commercial development affordable housing units in accordance with the following ratios:

At least one affordable unit for every four market-rate dwelling units in the project, but not less than nine affordable units. In the event that a fractional unit is required, the developer shall have the options of: 1) converting a market-rate unit to an affordable unit in the development or at an off-site location; 2) creating a new affordable unit at an off-site location; or 3) making a payment in lieu of creating the fractional unit. If the developer chooses the payment-in-lieu option, the payment amount shall be the equivalent fraction of the difference between the land and construction costs to create a new residential unit and the initial affordable price for the same unit, assuming the unit were constructed in the same manner as an additional affordable unit in the same development conforming with all applicable requirements for affordable units in the development.

[Amended 12-14-2017 by Ord. No. 24-2017]

In addition to the above obligation, additional affordable units may be required if the Township or another developer subsidizes the cost of such units. Such additional affordable units shall not increase the maximum permitted density for planned commercial development. The following procedures shall be used to determine if additional affordable units shall be required:[1]

Editor's Note: Former Subsection E(1)(b), regarding nonresidential development, was repealed 9-22-2016 by Ord. No. 25-16. This ordinance also redesignated former Subsection E(1)(c) as Subsection E(1)(b).

All affordable units to be created shall be eligible for credit against the Township's affordable housing obligation and to that end shall comply with all applicable regulations of the New Jersey Council on Affordable Housing and all other rules that apply to affordable housing units.

Access, circulation and parking requirements.

The total number of driveways to and from public streets shall be limited only to those necessary to provide safe and convenient access, without undue impacts to the safety and mobility of traffic on abutting public streets, as determined by the Planning Board. The intent of this requirement is to encourage shared access and fewer driveway openings onto public streets than would otherwise be necessary for conventional development on individual lots.

[Amended 12-14-2017 by Ord. No. 24-2017]

When located on a state highway, the number and location of driveways shall be not be greater than permitted by the State Highway Access Management Code.

On Troy Hills Road, not more than two driveways shall be permitted for the planned development.

On other public streets, driveway locations shall be as determined by the reviewing Board at the time of site plan approval.

No drive-in use shall have direct driveway access to any public street; driveway access to drive-in uses shall only be from driveways that are internal to the planned commercial development.

Parking and loading shall be provided as regulated by §§ 166-153 and 166-155 through 166-157. In addition, the following shall apply, provided that the required setbacks below for parking areas and drives shall not be measured from individual lot boundaries, but from the overall planned commercial development boundary:

No setbacks from the rear lot line of Block 7501, Lot 9, or the side lot line of Block 7501, Lot 5.01, shall be required for parking areas and drives if a shared parking and/or shared access agreement is provided between the planned commercial development and such adjacent properties.

If parking or driveways for the planned commercial development are proposed within the railroad property or right-of-way on Block 7501, Lots 1 and/or 1.01, the required setback for such parking or drives shall be measured from the limits of the easement or lease area, but no greater than the defined area within which the development rights for the planned commercial development exist.

Off-street parking areas and drives in the WC Zone District shall be located at least 25 feet from the street right-of-way lines for Route 10 and Troy Hills Road. In addition, no more than 1/2 of the area within 50 feet of the street right-of-way for Route 10 and Troy Hills Road shall be covered by paved surfaces of any type. Notwithstanding the foregoing, in order to provide design flexibility, the Board may reduce the required setback from the Troy Hills Road right-of-way without the need for a variance, provided that:

[Amended 12-14-2017 by Ord. No. 24-2017]

The area of parking area pavement within 25 feet of the Troy Hills Road right-of-way shall not be permitted to cover more than 5% of the tract area within 25 feet of the Troy Hills Road right-of-way; and

The parking setback from the Troy Hills Road right-of-way shall not be reduced to less than 15 feet in any location.

Off-street parking areas in the WC Zone District shall be located at least five feet from the westerly and easterly sides of the right-of-way of School Street.

[Added 12-14-2017 by Ord. No. 24-2017]

Parking areas and drives in the side yards must be located so as to comply with the required buffers for the WC Zone District.

Parking areas and drives in the rear yards must be located so as to comply with the required buffers for the WC Zone District.

Vehicular circulation shall be designed to discourage high speed travel and to encourage separation of vehicular traffic from pedestrian movements. In addition, access aisles in parking areas shall be designed primarily to provide direct access to adjacent parking spaces and not as driveways or internal roadways for the development. In order to achieve these objectives, the development shall contain at least one internal roadway designed as a thoroughfare to connect public streets abutting the development, which roadway shall be separated from and unobstructed by parking areas. In the alternative, the development shall be designed to prevent vehicles, except in the event of an emergency, from traveling between public streets abutting the development by way of the access aisles in parking areas in the development.

Planned commercial development shall be designed to encourage pedestrian travel into the development from areas outside the development and to encourage pedestrian travel between different areas in the development. A paver walkway or walkways shall be provided with historic-style lighting along the Route 10 and Troy Hills Road frontages of the tract.

[Amended 12-14-2017 by Ord. No. 24-2017]

Signs. Signs shall be permitted as regulated by § 166-144.

[Amended 10-10-2019 by Ord. No. 38-19]

Architectural design. Buildings shall be designed and placed in accordance with the requirements for conventional development. The design of buildings in the planned commercial development shall place particular emphasis on creating a unified single development theme through the use of consistent and compatible building architectural styles, rooflines, building fascia, and roof materials, colors and other features; certain quality national retailers, architectural prototypes may be used provided they are designed to conform to the unified architectural development theme.

Common area requirements. Within any planned commercial development, there shall be provided an outdoor area or areas for site residents, site employees and site visitors, designed to encourage assembly and social interaction. The following requirements shall apply:

The area, dimension and layout of such areas shall be designed to be sufficient for the number of persons anticipated to be using the area at one time. Each common area shall contain a contiguous area not less than 1,000 square feet and at least one common area, centrally located within the development, shall contain a contiguous area not less than 4,000 square feet and which shall have a horizontal dimension not less than 40 feet in any direction.

[Amended 12-14-2017 by Ord. No. 24-2017]

Such areas shall incorporate benches, landscaping, lighting and other features so as to make the areas attractive and inviting and to encourage their use.

Such areas shall be designed to not interfere or conflict with the use of various buildings in the development and shall be designed to not interfere with or reduce the safety of pedestrian or vehicular circulation.

Outdoor dining facilities that are associated with and designed to accommodate patrons of a specific restaurant or restaurants shall not be construed to be common areas for purposes of this subsection.

Buffers. Landscaped buffers shall be provided as follows:

R-15 Zone buffer. A continuous solid fence six feet high and a landscaped buffer shall be provided for that portion of any development located directly across the railroad property from the R-15 Zone District. Said fencing shall be located along the property line that is located across the railroad property from the R-15 Zone District. Such fencing and landscape buffer shall be located outside the railroad property and shall be designed to screen the view between development in the WC Zone District and the railroad and the R-15 Zone District and such fencing shall be designed to discourage persons from traveling onto the railroad property from the development. The developer shall have the option to implement one of the two following options:

A landscaped buffer at least 12 feet in depth at any point; or

A landscaped buffer that uses a buffer averaging plan. The buffer averaging plan must not result in an average buffer depth that is less than 15 feet, must not reduce any portion of the buffer to less than 50% of the required average depth, and must not compensate for a decrease in a buffer by increasing the depth of any portion of the buffer to more than 150% of the required average depth.

Railroad tracks buffer. A continuous solid fence six feet high and a landscaped buffer shall be provided between any parking area in the WC Zone District and the railroad tracks, except when a greater buffer is required by Subsection J(1) above. Said fencing shall be located along the property line or leasehold line, as applicable, that is located closest to the railroad tracks. The fencing and landscape buffer area shall be designed to screen the view between the parking area and drives and the railroad line and such fencing shall be designed to discourage persons from traveling onto the railroad property from the development. The developer shall have the option to implement one of the two following options:

A landscaped buffer at least 10 feet in depth at any point; or

A landscaped buffer that uses a buffer averaging plan. The buffer averaging plan must not result in an average buffer depth that is less than 10 feet, must not reduce any portion of the buffer to less than 50% of the required average depth, and must not compensate for a decrease in a buffer by increasing the depth of any portion of the buffer to more than 150% of the required average depth.

Miscellaneous.

No establishment shall be permitted to use any noisemaking devices, such as phonographs, loudspeakers, amplifiers, radios, television sets or similar devices, so situated as to be heard outside any building; provided 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, dwellings or other establishments within the development or on adjacent or nearby properties.

[Amended 4-9-2009 by Ord. No. 8-09; 10-11-2018 by Ord. No. 28-2018]

Notwithstanding any other provision of this chapter to the contrary, the Planning Board may permit limited outdoor display of merchandise accessory to a permitted nonresidential use on the premises if the developer demonstrates that such display will not be visible from nearby residential areas, will not be a distraction or prominently visible from any public street. Such display shall only be designed and permitted as a convenience to users of the planned commercial development while present on the site.

§ 166-187 Permitted principal uses.

[Amended 12-10-1987 by Ord. No. 36-87; 11-14-1996 by Ord. No. 17-96; 7-13-2017 by Ord. No. 18-17]

This D-S Designed Shopping Center District is designed for a single building or a group of attached buildings used as a single building in single ownership used exclusively for retail sales and services or professional offices. Also permitted in this zone are conditional uses as permitted and regulated in Article XXI and accessory uses customarily incident to the principal uses permitted; provided, however, that amusement devices are only permitted as an accessory use to those uses as permitted and regulated in § 166-181A. The permitted uses within a designed shopping center shall be as follows:

Supermarkets.

Food, beverage and liquor stores.

Health and personal care stores, including but not limited to pharmacies and drug stores.

Convenience goods stores.

Eating and drinking establishments, such as but not limited to restaurants and bars. Drive-in restaurants shall only be permitted as part of a designed shopping center as defined by this chapter and as regulated by this article.

[Amended 10-11-2018 by Ord. No. 28-2018]

Home improvement stores.

Paint and wallpaper stores.

Hardware stores.

Garden centers.

Furniture and home furnishings stores.

Electronics and appliance stores.

Miscellaneous store retailers, including florists, office supplies and stationery stores, gift, novelty, and souvenir stores, used merchandise stores, pet and pet supplies stores, art dealers, tobacco stores, and other miscellaneous store retailers, but excluding manufactured (mobile) home dealers and merchandise auction houses.

Clothing and clothing accessories stores.

Sporting goods, hobby, and musical instrument stores.

Automotive parts and accessories stores.

General merchandise stores, including book stores, news dealers and newsstands, department stores, warehouse clubs and supercenters, and other general merchandise stores.

Banks.

Rental and leasing services limited to rental of formal wear, costumes, and video tapes and discs.

Personal services limited to laundry, cleaning and garment services, provided that commercial laundries and dry cleaning shall not be permitted on the premises; portrait photographic studios; photofinishing services; beauty salons, nail salons and barber shops; shoe repair and shoe shine establishments, and diet and weight reducing centers.

Child-care centers.

Indoor physical fitness facilities.

Retail travel agencies and tour operators.

Professional offices.

§ 166-188 Prohibited uses.

[Amended 4-14-1989 by Ord. No. 3-88; 11-14-1996 by Ord. No. 17-96]

The following uses are prohibited:

Any use other than those listed in § 166-187 is prohibited.

Any type of residential construction or conversion, except for independent/assisted living facilities constructed as part of a community center as permitted and regulated by § 166-150I.

Any type of industrial operation or use.

More than one principal building on a lot unless attached as regulated herein, except that permitted drive-in uses may be located in a separate principal building or buildings from the main shopping center building, and more than one principal building utilized as a community center as permitted and regulated by § 166-150I is permitted on a lot, and further provided that this prohibition shall not apply to kiosks or pump canopies for gasoline stations permitted by § 166-150A. For the purpose of administering the above prohibition, two or more buildings that are connected to one another shall not be construed as being attached and an integral part of a single building unless they share a common partition wall for a distance that is at least equal to 1/3 the depth of the building having the shallower depth; provided, however, that no such distance shall be less than 30 feet. The depth of a building shall be measured as the mean distance from the front wall to the rear wall of said building.

[Amended 10-13-2016 by Ord. No. 28-16; 10-11-2018 by Ord. No. 28-2018]

Warehouse/logistics uses as defined in § 166-4, unless accessory to a permitted principal use.

[Added 5-9-2024 by Ord. No. 10-2024]

§ 166-189 Required conditions.

[Amended 12-10-1987 by Ord. No. 36-87; 11-20-1989 by Ord. No. 37-89; 10-11-2018 by Ord. No. 28-2018; 12-12-2024 by Ord. No. 31-2024]

The following requirements must be complied with in the D-S Zone:

No building shall exceed a maximum of 28 feet in height, exclusive of roof tanks and supports, chimneys or head houses or similar enclosures for elevators or air-conditioning machinery or other apparatus. The foregoing 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 twenty-eight-foot height limit as regulated in § 166-138.1B(2).

There shall be a front yard of not less than 100 feet. Off-street parking is permitted in the front yard, provided that said parking or access service aisles or driveways shall not be permitted within 25 feet of:

The front property line.

The front of any building; provided, however, that permitted drive-in uses shall be exempt from this restriction.

The side property line in the front yard.

There shall be two side yards, and neither side yard shall be less than 60 feet. Off-street parking is permitted in the side yards, provided that said parking or access service aisles or drives shall not be permitted within 25 feet of any side property line or within 10 feet of any building.

There shall be a rear yard of 60 feet. Off-street parking is permitted in the rear yard, provided that said parking or access service aisles or drives shall not be permitted within 25 feet of any rear property line or within 10 feet of any building. Where a railroad right-of-way abuts the rear yard, parking or access service aisles or drives shall be permitted within 15 feet of the rear property line.

The thirty-foot paved vehicular traffic area or drives nearest a designed shopping center building are designated as fire zones, and no parking shall be permitted therein; provided, however, that permitted drive-in uses shall be exempt from this restriction.

Every parking area within the D-S Zone shall comply with the following standards:

Within each parking area there shall be a landscaped curbed island at least 10 feet in width separating every parking bay. These islands shall be landscaped with grass lawns, shade and specimen trees as required by the Planning Board. A battery of parking shall be one service aisle with parking on either side of said aisle.

(Reserved)

All of those portions of all front, rear and side yards that are not used for off-street parking shall be attractively planted and maintained with trees, shrubs, plants and grass lawns as required by the Planning Board.

The area between any walkway and any building that said walkway is servicing shall be not less than 10 feet in depth. Said area shall be planted in lawn, low shrubs and specimen trees as required by the Planning Board so as not to adversely affect vehicular or pedestrian visibility.

Prior to the issuance of a building permit or certificate of occupancy, the Planning Board shall review and approve a site plan as required in Part 4.

The Planning Board shall ascertain that the location, design or construction of any building or use, including the space for the loading and unloading of goods and materials is not likely to increase the risk of vehicular traffic congestion, pedestrian safety or general public safety. The Planning Board may require the applicant to submit a traffic engineering study, prepared by a licensed professional traffic engineer, which will indicate the impact that said site plan approval will have on surrounding roads. This study shall include the following elements:

Estimated peak hourly traffic to be generated by the proposal.

Assignment of estimated peak hourly traffic by percentage and volume to surrounding roads.

All traffic control devices and proposed improvements, both on- and off-site, needed to handle the estimated peak hourly traffic.

Every building shall be faced on all exterior walls with a veneer material as approved by the Planning Board.

Every lot shall contain a minimum lot area of 10 acres.

Every designed shopping center shall contain a floor area of not less than 75,000 square feet.

No store or shop in the center shall use any noisemaking devices, such as phonographs, loudspeakers, amplifiers, radios, television sets or similar devices, so situated as to be heard outside any building in the center; provided, however, that permitted drive-through establishments shall be permitted, as part of any site plan approval, to use such microphones and speakers that are minimally necessary for the functioning of the drive-through operation. In any case where noisemaking devices are 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. No smoke, fumes or objectionable odors shall be emitted from any building. The display of merchandise placed on the exterior premises of any building is prohibited.

The total floor area within all structures on any lot in the DS Zone shall not be more than 25% of the total lot area.

§ 166-189.5 Purpose and intent.

The purpose and intent and of the O-S Zone District is to recognize the existing development of office, hotel and other service uses in certain areas in the Township and to promote the continued use and development of these areas for high-quality office and service uses and certain compatible uses.

§ 166-189.6 Permitted principal uses.

The permitted principal uses in the O-S 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:

Business, administrative and professional offices.

Data processing centers.

Hotels.

Conference centers.

Banquet facilities.

Educational services, limited to:

Business schools and computer and management training (6114).

Technical and trade schools (6115).

Other schools and instruction (6116).

Educational support services (6117).

Health care and social assistance services, limited to:

State-licensed hospitals.

Ambulatory health care services (621).

Child and youth services (62411).

Child care centers, as regulated by N.J.S.A. 40:55D-66.6.

Services for the elderly and persons with disabilities (62412).

Other individual and family services (62419).

Community food services (62421).

Vocational rehabilitation services (62431).

Nonresidential social assistance establishments.

Houses of worship.

Libraries.

§ 166-189.7 Conditional uses.

The following uses shall be permitted and regulated as conditional uses pursuant to N.J.S.A. 40:55D-67, and as defined by this chapter:

Public utility buildings and structures, as regulated in § 166-150C.

§ 166-189.8 Accessory uses, prohibited uses and use limitations.

Permitted accessory uses shall be limited to uses which are naturally and normally incidental to and subordinate to the permitted principal use or uses on the premises, including but not limited to parking and loading areas, signs and other outdoor use functions. For certain uses, permitted accessory uses include food preparation, serving and dining facilities. Warehouse/logistics uses as defined in § 166-4 shall be permitted only when accessory to a permitted principal use.

[Amended 5-9-2024 by Ord. No. 10-2024]

Any use other than the uses specifically permitted above, permitted by other provision of this chapter or permitted by other applicable law, shall be prohibited.

Hotels shall be limited to those establishments which contain at least 100 lodging units.

Notwithstanding the foregoing permitted uses, none of the following uses shall be permitted in any part of an O-S Zone that falls within an area defined as an airport hazard area in the Air Safety and Hazardous Zoning Act, Chapter 260 of the Laws of 1983:

Schools.

Hospitals.

Houses of worship.

Bulk flammable or bulk compressed gas storage.

Single uses that would attract crowds in excess of 500 persons.

Above-grade major utility transmission lines/mains.

§ 166-189.9 Lot, bulk and intensity of use regulations.

Development in the O-S Zone District shall be subject to the following lot, bulk and intensity of use regulations. In the case of conflict between the following regulations and other provisions of this chapter, the more restrictive provision shall apply, unless the specific language, stated or implied, indicates otherwise.

Minimum lot area:

Banquet halls, convention centers, hospitals: 10 acres.

Houses of worship and schools: five acres.

All other uses: three acres.

Minimum lot width: 200 feet, measured in accordance with the definition of "lot width" in § 166-4.

Minimum lot depth: 200 feet, measured in accordance with the definition of "lot depth" in § 166-4.

Maximum floor area ratio, as defined in § 166-4:

Hotels: 75% of the lot area.

Houses of worship, libraries and schools: as required by § 166-138.4.

All others: 25% of the lot area.

Maximum building coverage, as defined in § 166-4: 25% of the lot area.

Maximum improvement coverage, as defined in § 166-4: 65% of the lot area.

Maximum height of principal buildings, as defined in § 166-4: 75 feet, subject to the exclusion for rooftop equipment in this article.

Minimum front yard depth: 75 feet.

Minimum side yard depth: 50 feet or the height of the building, whichever is greater.

Minimum rear yard depth: 50 feet or the height of the building, whichever is greater.

Minimum yard depth abutting a residential zone district: 75 feet, or twice the building height, whichever is greater, unless the requirements of § 166-125 impose a more stringent requirement.

Maximum number of principal buildings: unlimited.

§ 166-189.10 Other requirements.

Architectural design. Buildings shall be designed and placed in accordance with the following provisions:

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.

Excessive uniformity or monotony of design within the context of existing development in the neighborhood shall be avoided.

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.

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.

Large unbroken building masses shall be avoided through the uses of projections, recesses, varying materials and other methods.

Buffers: as required by § 166-125.

Roof structures shall not exceed 10 feet in height, except for elevator and stairwell penthouses, which shall not exceed 16 feet in height. Roof structures other than elevator and stairwell penthouses shall be located and screened in accordance with § 166-133. Elevator and stairwell penthouses shall be designed to be the same or compatible with the building facade materials. The total area of all rooftop heating, ventilation and air conditioning equipment shall not exceed 5% of the roof area upon which they are placed.

Performance standards. The requirements of § 166-193 shall apply to development in the O-S Zone District.

§ 166-190 Permitted uses and structures.

[Amended 7-9-1987 by Ord. No. 22-87; 4-14-1988 by Ord. No. 3-88; 5-12-1988 by Ord. No. 7-88; 8-11-1988 by Ord. No. 19-88; 5-24-1990 by Ord. No. 16-90; 5-13-1993 by Ord. No. 12-93; 12-22-1993 by Ord. No. 36-93; 9-8-2011 by Ord. No. 25-11; 5-9-2024 by Ord. No. 10-2024]

The permitted uses and structures in the OB-RL Office Building and Research Laboratory Zone District shall be as follows; provided, however, that any part of the OB-RL Zone that falls within an area defined as an airport hazard area in the Air Safety and Hazardous Zoning Act of 1983, N.J.A.C. 16:62-1.1 et seq., as amended May 15, 1989, shall comply with the provisions of said chapter. State-licensed hospitals and nursing homes are not permitted within any part of an area that falls within said airport hazard area.

Professional, executive, or administrative offices.

Laboratories devoted exclusively to research design and experimentation.

State-licensed hospitals and nursing homes.

Indoor physical fitness facilities.

Conditional uses as permitted and regulated in Article XXI of this chapter.

Data processing centers, but only within a planned commercial development.

Planned commercial developments (PCD). The permitted principal uses within a planned commercial development shall be limited to professional, executive or administrative offices, laboratories devoted exclusively to research design and experimentation and data processing centers.

Planned industrial developments (PID) as hereinafter regulated in § 166-192L. The permitted principal uses within a planned industrial development shall be limited to laboratories devoted exclusively to research design and experimentation.

More than one principal building on a lot in the OB-RL Zone is only permitted where said buildings are part of an approved PCD or PID as herein regulated.

Pilot plants for the testing of manufacturing, processing or fabrication methods or for the testing of products or materials shall be permitted only as an accessory use to a research laboratory.

Uses and structures accessory to business and professional offices, data processing centers and research laboratories shall be permitted, including garages for the storage and maintenance of company, employee and visitor motor vehicles and the storage of gasoline and lubricating oils therefor; parking facilities; maintenance and utility shops for the upkeep and repair of buildings and structures and service; central heating and power plants for furnishing heat and electrical energy to structures on the site only or, in the case of planned development, on the overall planned development tract; training schools for employees; buildings for the storage of documents, records and personal property; communication facilities; and clinics, dining and recreational facilities, banks, post offices, company stores and guest lodges to be used only by company employees and by visitors to the building or buildings, provided that such uses are planned as an integral part of the development.

Other uses and structures which are naturally and normally incidental to and subordinate to the permitted principal use or uses on the premises shall be permitted, including but not limited to parking and loading areas, signs and outdoor use functions not otherwise prohibited.

§ 166-191 Prohibited uses.

Any use other than those uses permitted by § 166-190 are prohibited, and, more particularly, none of the following uses shall be permitted:

Retail sales unless the use conforms to § 166-190D above.

Residential construction or use.

Public or commercial incineration.

Junkyards.

Dumps, lagoons or pits for the disposal or storage of garbage, trash or any other liquid or solid waste materials, except by the municipality or its agent.

Sand, clay or gravel pits.

Tar plants.

(Reserved)[1]

Editor's Note: Former Subsection H, regarding aboveground storage or processing tanks, was repealed 7-11-2013 by Ord. No. 19-13. See § 166-124.1, Aboveground storage and processing tanks.

The storage and repair of heavy construction equipment either within or outside the confines of a building, such as but not necessarily limited to dump trucks, backhoes, bulldozers, road graders, cranes, front-end loaders, flatbed trailers, portable or stationary cement mixers, compactors, rollers or blacktop paving machines.

Amusement devices, unless an integral part of the permitted accessory uses as set forth in § 166-190D. Nothing contained herein shall be construed to permit amusement devices that are available for operation to the general public. Their use shall be limited to company employees and visitors.

Warehouse/logistics uses as defined in § 166-4, except when accessory to a permitted principal use.

[Amended 5-9-2024 by Ord. No. 10-2024]

Refuse separation and recycling stations.

Refuse transfer stations.

Resource recovery plants.

In addition to the above uses, none of the following additional uses shall be permitted in any part of an OB-RL Zone that falls within an area defined as an airport hazard area in the Air Safety and Hazardous Zoning Act, Chapter 260 of the Laws of 1983:

Schools.

Bulk flammable or bulk compressed gas storage.

Single uses that would attract crowds in excess of 500 persons.

Uses that may attract massing birds, including landfills.

Above-grade major utility transmission lines/mains.

No materials or finished products shall be manufactured, processed or fabricated on said premises for sale, except such as are incidental to permitted laboratory research, design or experimental work.

[Added 5-9-2024 by Ord. No. 10-2024]

No manufactured or commercial explosives shall be kept, maintained or stored on said premises, except in small quantities for laboratory research, design or experimental use, and then only in compliance with all applicable federal, state and local safety statutes.

[Added 5-9-2024 by Ord. No. 10-2024]

No animal shall be kept or maintained for laboratory research, design or experimental work unless a written permit is first obtained from the Board of Health.

[Added 5-9-2024 by Ord. No. 10-2024]

No use permitted shall be of such nature as to endanger neighboring properties, nor shall any such use be so conducted as to be noxious or offensive by reason of odor, dust, smoke, gas, vibration, or noise.

[Added 5-9-2024 by Ord. No. 10-2024]

§ 166-192 Required conditions.

[Amended 4-14-1988 by Ord. No. 3-88; 5-12-1988 by Ord. No. 7-88; 11-20-1989 by Ord. No. 37-89; 7-11-1991 by Ord. No. 16-91; 12-13-2001 by Ord. No. 18-2001; 9-8-2011 by Ord. No. 25-11; 2-23-2017 by Ord. No. 2-17; 10-12-2017 by Ord. No. 22-2017; 6-14-2018 by Ord. No. 15-2018; 4-13-2023 by Ord. No. 11-2023; 8-10-2023 by Ord. No. 28-2023; 12-12-2024 by Ord. No. 31-2024]

The following requirements must be complied with in the OB-RL Zone; provided, however, that certain lands within the OB-RL Zone that fall within an area defined as an airport hazard area in the Air Safety and Hazardous Zoning Act, Chapter 260, of the Laws of 1983, and Chapter 62, Air Safety and Hazardous Zoning (N.J.A.C. 16:62-1.1 et seq.), shall be regulated by the provisions of said Chapters 260 and 62 where said Chapter 260 or 62 regulations are more restrictive than the following requirements, which shall govern all lands in the OB-RL Zone:

No building shall exceed a maximum of 75 feet in height, exclusive of roof tanks and supports, chimneys or head houses or similar enclosures for elevators or air-conditioning machinery, dish antennas or other apparatus. The foregoing roof structures shall not exceed 10 feet in height, except for enclosures for elevators and stairwells, which shall not exceed 16 feet in height, nor shall the total area of rooftop appurtenances that exceed the permitted building height exceed 5% of the roof area to which they are attached.

There shall be a front yard of not less than 100 feet in the case of buildings being not more than three stories or 45 feet in height, whichever is the lesser, and an additional 100 feet of front yard for each story in excess of three stories or each 15 feet or fraction thereof in excess of 45 feet. 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.

Side yards.

There shall be a minimum side yard of 50 feet on each side of the building or a side yard equal to 1.5 times the building height on each side, whichever computation gives the greater side yard. 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.

The two side yards must total at least 40% of the lot width as measured at the required front street setback line, but in no case shall a side yard be less than that required in Subsection C(1) above.

For buildings in excess of three stories or 45 feet in height, the side yard, if adjoining a residential zone, shall be not less than 100 feet, the front yard required for said building 1.5 times the height of the building, whichever is more restrictive, unless the requirements of § 166-125 impose a more stringent requirement. 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.

For buildings up to three stories or 45 feet in height, the side yard adjacent to a residential zone shall not be less than 100 feet, unless the requirements of § 166-125 impose a more stringent requirement. 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.

There shall be a rear yard of at least 60 feet. For buildings in excess of three stories or 45 feet, the rear yard, if adjoining a residential zone, shall not be less than 100 feet or the front yard required for said building, whichever is more restrictive, unless the requirements of § 166-125 impose a more stringent requirement. For buildings up to three stories or 45 feet in height, the side yard adjacent to a residential zone shall not be less than 100 feet, unless the requirements of § 166-125 impose a more stringent requirement. 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.

Every principal structure hereafter constructed shall have a minimum floor area of 1,500 square feet.

Those portions of all front, rear and side yards that are not used for off-street parking shall be attractively planted and maintained with trees, shrubs, plants and grass lawns as required by the Planning Board or Board of Adjustment. The buffer requirements of § 166-125 shall also be complied with.

Notwithstanding any other provision of this Part 5, antennas, radio towers or masts having a projected ground area of not more than 100 square feet and required as an accessory structure in connection with the occupancy and/or use of premises within this zone may be erected, provided that any such structure shall be set back from any public street or any adjoining property line a distance not less than 125% of the overall height of said structure measured from ground level.

Prior to the issuance of a building permit or certificate of occupancy, the Planning Board shall review and approve a site plan as required in Part 4.

The total floor area within all structures on any lot in the OB-RL Zone shall not be more than 25% of the total lot area, and any lot containing a building that has parking underneath said building or any part thereof shall not have more than 65% of the entire lot area covered with buildings, parking areas, sidewalks or any other impervious material. That part of the lot that is not covered with buildings or impervious material shall be landscaped as set forth in Subsection F above.

Lot area. There shall be a minimum lot area of 60,000 square feet, with an average width of 200 feet. Said area must be measured within 300 feet of the front street property line.

Every building shall be faced on all exterior walls with a veneer material as approved by the Planning Board.

Planned commercial development and planned industrial development shall be permitted on a tract having a gross tract area of at least 50 contiguous or noncontiguous acres in the OB-RL District. A planned commercial or planned industrial development shall meet the following requirements, in addition to all other applicable requirements of this chapter; provided, however, that where the requirements of this Subsection L conflict with or contradict the other requirements of this chapter, the requirements of this Subsection L shall supersede such other requirements:

Any planned development shall be developed as a single entity. For purposes of administering this provision, the following shall apply:

The developer shall demonstrate, to the satisfaction of the Board, that the development is a single entity, as evidenced by the following features: shared access, parking, drainage, utilities, lighting and landscaping, as appropriate; and a single or unified control over the operation and maintenance of common areas and shared features within the development.

Within the development tract, individual lots shall be permitted. Within the planned development tract, the required lot width, lot depth, floor area ratio, coverage, and yard setback requirements shall not apply to such individual lots, but only to the total development tract.

As a condition of any approval of a planned development, the developer shall provide, subject to approval of the Board, covenants, deed restrictions and/or other binding and enforceable controls upon the development sufficient to ensure that, notwithstanding the fact that the development may consist of multiple lots, all lots, common areas and shared features shall continue to be designed as and to function as originally approved for the planned development.

If phased development is proposed, the developer shall submit a phasing plan that demonstrates, to the satisfaction of the Board, adequate provisions to ensure completion of the total planned development within specified time frames and appropriate parking and loading spaces, site access and circulation, utility services, drainage controls, landscaping and lighting at the completion of each phase.

No building or structure shall exceed a maximum of 75 feet in height; provided, however, that parking structures shall not exceed a maximum of 46 feet in height, or the height of the principal building or buildings to which they are accessory, whichever results in the lesser parking deck height. Roof tanks and supports, chimneys, head houses, or similar enclosures for elevators or air-conditioning machinery, dish antennas, solar panels or other apparatus mounted on the roof, and any screening for the same, shall not be subject to the foregoing height restrictions, but shall comply with the following requirements:

Roof-mounted structures shall not exceed 10 feet in height above the level of the roof where they are located, except for solar panels mounted on the roof of a parking deck, which shall not exceed 16 feet in height above the roof level.

The total area of rooftop appurtenances that exceed the permitted building height shall not exceed 5% of the area of the roof upon which they are located; provided, however, that solar panels shall be exempt from this area limitation.

The reviewing agency, as part of any site plan application or application for site plan exemption, shall determine the need for and manner of screening of roof-mounted structures. The need for and manner of such screening shall be intended to minimize detrimental visual, sound, light, or other impacts from such structures affecting abutting residential zones and streets. Such screening may include, but not be limited to, topographic changes, berms, vegetation, structural features or any combination of the foregoing. Structural screening, if required, shall be designed in a manner compatible with the finish of the exterior building walls.

No building shall be permitted closer to any tract boundary of a planned development or abutting street than two feet for every foot of building height or 100 feet, whichever results in the greater setback. 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. The foregoing building heights shall be exclusive of the height of roof-mounted structures.

No building or roofed structure shall be closer to another building or roofed structure than a distance that equals or exceeds the height of the higher building or structure. Enclosed walkways may connect individual buildings and, for the purpose of administering this section, shall not be construed as an integral part of either building. If the building or structure varies in height, the separation requirement shall apply independently to each portion of the building or structure, based upon the height of such portion. The foregoing building heights shall be exclusive of the height of roof-mounted structures.

No storage of any kind shall be permitted other than within a building.

Off-street parking shall be provided as required in § 166-155. Said parking, including access driveways and aisles, shall not be closer than 25 feet to any tract boundary of the planned development which abuts a nonresidentially zoned property line or public street right-of-way, or 50 feet to any tract boundary of the planned development which abuts a residential zone district boundary line, unless the requirements of § 166-125 impose a more stringent requirement.

The total floor area of all buildings within a planned industrial or planned commercial development shall not exceed 30% of the total area of the planned development tract. For the purpose of determining this 30% ratio, the applicant may cluster his development on one or more lots within the planned development that exceed the 30% coverage of said lot or lots; provided, however, that to do so he shall either deed to the Township public areas or he shall set aside within the planned development other areas to remain undeveloped in an amount that when added to the area of the lot or lots containing the cluster development the thirty-percent ratio would be met. The public areas to be deeded or set aside under the terms of this subsection shall be in the OB-RL Zone at a location and shape as approved by the Planning Board.

Those portions of the PID or PCD not covered with buildings, sidewalks, parking areas or other impervious materials shall be attractively planted with trees, shrubs, plants and grass lawns as required by the Planning Board.

Notwithstanding the provisions of § 166-114A or of any other provision in this chapter, utility buildings facilities, such as but not limited to power plants, power houses, power generator buildings and sewer or water treatment plants are permitted as accessory buildings or uses on lots without the principal buildings or uses to which they are accessory, provided that both the principal and accessory buildings and uses, and the lots on which they are located, are part of the overall planned development and developed as a single entity as required in Subsection L(1) above.

Security fencing shall be permitted in any yard and within required buffer areas, subject to the following requirements:

If located within a required buffer, fencing shall not diminish the screening function of the buffer.

Fencing located within the front yard shall have at least 50% of its vertical area open so as not to obstruct views through the fence.

Fencing shall not exceed a height of eight feet.

All perimeter fencing shall be of a decorative design and material, such as but not limited to wrought iron or aluminum. Chain link fencing shall be prohibited in the front yard.

§ 166-193 Performance standards.

Before the issuance of any building or occupancy permit for any use in the Office Building and Research Laboratory District, all of the following regulations must be complied with:

All activities shall be carried on only in structures which conform to the standards of the National Board of Fire Underwriters or Township Building Code or Fire Ordinance,[1] whichever is more restrictive. All operations shall be carried on and combustible raw materials, fuels, liquid and finished products shall be stored in accordance with the standards of said Board of Fire Underwriters.

[Amended 7-11-2013 by Ord. No. 19-13]

Editor's Note: See Ch. 105, Construction Codes, Uniform, and Ch. 137, Fire Prevention, of the Code of the Township of Hanover.

Any industrial activity which emits dangerous radioactivity at any point is prohibited, except for laboratory research, design or experimental use, and then only in compliance with all applicable federal and state safety laws and regulations.

There shall be no dissemination of smoke, fumes, gas, dust, odor or any other atmospheric pollutant beyond the boundary of the lot occupied by such use.

Every use in this zone shall meet the performance standards of the liquid and solid wastes of § 166-197D of this chapter.

[Amended 7-9-1987 by Ord. No. 22-87]

There shall be no vibration beyond the immediate size on which such use is conducted.

Noise.

There shall be no noise, defined as follows: The sound-pressure level radiated continuously from a facility between the hours of 10:00 p.m. and 7:00 a.m. shall not exceed the following in any octave band limit:

Octave Band Center Frequency (hertz)	Sound-Pressure Level* (decibels)
31.5	67
63	62
125	52
250	46
500	40
1,000	36
2,000	33
4,000	30
8,000	27

*According to the following formula: Sound-pressure level, in decibels, equals 20 LOG P/P2, where P2 equals 0.0002 dyne per square centimeter.

If the noise is not smooth and continuous and is not radiated at nighttime, one or more of the following corrections shall be added to or subtracted from each of the decibel levels given above:

Type of Operation or Character of Noise	Correction in Decibels
Daytime operation only	Plus 5
Noise source operates less than 20% of the time	Plus 5*
Noise source operates less than 5% of the time	Plus 10*
Noise source operates less than 1% of the time	Plus 15*
Noise of impulsive character (hammering, etc.)	Minus 5
Noise of periodic character (hum, screech, etc.)	Minus 5
*Apply one of these corrections only.

The foregoing measurements shall be made at a point 25 feet distant from the building wherein the noise originates or at the nearest boundary line of the property, whichever is further away, and shall be measured with a sound-level meter and an octave band analyzer that conform to the specifications published by the American Standards Association, Incorporated, New York, New York.

Every building shall be faced on all exterior walls with a veneer material as approved by the Planning Board.

Loading and unloading shall be done in other than the front yard.

§ 166-193.1 Permitted principal, accessory and conditional uses.

The permitted principal uses in the OB-DS Zone District shall be limited to the following:

[Amended 10-13-2016 by Ord. No. 28-16; 7-13-2017 by Ord. No. 18-17]

Business, administrative and professional offices.

Laboratories devoted exclusively to research, design and experimentation.

State-licensed hospitals.

Nursing homes.

Designed shopping centers containing a variety of retail sales and services and related uses, including the following:

Supermarkets.

Food, beverage and liquor stores.

Health and personal care stores, including but not limited to pharmacies and drug stores.

Convenience goods stores.

Eating and drinking establishments, such as but not limited to restaurants and bars. Drive-in restaurants shall only be permitted as part of designed shopping center as defined by this chapter and as regulated by this article.

[Amended 10-11-2018 by Ord. No. 28-2018]

Home improvement stores.

Paint and wallpaper stores.

Hardware stores.

Garden centers.

(j)

Furniture and home furnishings stores.

(k)

Electronics and appliance stores.

(l)

(m)

Clothing and clothing accessories stores.

(n)

Sporting goods, hobby, and musical instrument stores.

(o)

Automotive parts and accessories stores.

(p)

General merchandise stores, including book stores, news dealers and newsstands, department stores, warehouse clubs and supercenters, and other general merchandise stores.

(q)

Banks.

(r)

Rental and leasing services limited to rental of formal wear, costumes, and video tapes and discs.

(s)

(t)

Child-care centers.

(u)

Indoor physical fitness facilities.

(v)

Retail travel agencies and tour operators.

Hotels.

Conference centers.

Child-care centers.

Computer and data processing services.

Indoor physical fitness facilities.

Uses permitted in all zone districts of the Township by this chapter or other applicable law.

The permitted accessory uses the OB-DS Zone District shall be limited to the following:

Surface parking and loading areas and driveways.

Parking decks and parking garages.

Signs.

Outdoor dining facilities accessory to permitted eating and drinking establishments, as regulated by § 166-119.5.

Outdoor storage, sales and display accessory to a permitted home improvement center, garden center or supermarket.

Outdoor play areas accessory to a child-care center.

Drive-in facilities accessory to a bank, pharmacy or restaurant.

[Amended 10-11-2018 by Ord. No. 28-2018]

Pilot plants for the testing of manufacturing, processing or fabrication methods or for the testing of products or materials, only as an accessory use to a research laboratory. No materials or products shall be manufactured, processed or fabricated on said premises for sale, except such as are incidental to said laboratory research, design or experimental work.

Other accessory uses and structures that are customarily incidental to a permitted principal use, unless specifically prohibited herein.

Conditional uses.

[Amended 10-13-2016 by Ord. No. 28-16]

Gasoline stations, when located within and part of a designed shopping center, shall be permitted as a conditional use as regulated by § 166-150A.

Freestanding cellular telecommunications facilities shall be permitted as a conditional use as regulated by § 166-150B.

Motor vehicle repair or maintenance establishments shall be permitted as a conditional use as regulated by § 166-150K.

§ 166-193.2 Prohibited uses.

[Amended 9-12-2013 by Ord. No. 29-13; 10-11-2018 by Ord. No. 28-2018]

Any principal use not specifically permitted herein or permitted by other applicable law shall be prohibited in the OB-DS Zone District. Uses specifically prohibited shall include the following:

(Reserved)

The display of goods for sale outside the confines of a building and any business conducted outside the confines of a building, except for the operation of drive-in ordering and pickup operations for permitted drive-in uses, and except as specifically permitted herein.

(Reserved)

Storage yards, except as specifically permitted herein.

The sale or rental of motor vehicles, mobile homes, trailers and campers; provided, however, that such sale or rental shall be permitted when accessory to a permitted home improvement store, hardware store or garden center.

Fuel oil dealers.

Warehouse/logistics uses as defined in § 166-4, unless accessory to a permitted principal use.

[Amended 5-9-2024 by Ord. No. 10-2024]

§ 166-193.3 Lot, bulk and intensity of use standards.

The lot, bulk and intensity of use standards for the OB-DS Zone District shall be as set forth below. For the purpose of administering and interpreting these standards, all required dimensions, areas, ratios and percentages set forth below shall exclude areas reserved for public roadway use, whether by easement or dedication.

Minimum lot/tract area.

Designed shopping centers, hospitals and conference centers: 10 acres net developable area. Within said tract, developments involving multiple buildings or uses that are part of a single overall development and which demonstrate a permanent right to shared access, parking, utilities and/or other improvements, as appropriate, may be permitted individual lots for buildings or uses, with no minimum area or width requirement, and said lots shall not be considered "lots" for purposes of administering setbacks, coverage, ratios or other requirements.

Uses other than designed shopping centers, hospitals and conference centers: five acres net developable area.

For purposes of administering the foregoing lot/tract area provisions, "net developable area" shall be construed to the gross lot/tract area, excluding the area of all water bodies, floodways, wetlands, required wetland transition areas and conservation easements.

Minimum average lot/tract width. The average lot width shall be measured parallel to the front lot line and within 300 feet of the front lot line. For corner lots, the required width need only be complied with for one street frontage, not both frontages.

Designed shopping centers, hospitals and conference centers: 600 feet.

Other than designed shopping centers, hospitals and conference centers: 300 feet.

Minimum floor area. The minimum floor area for designed shopping centers shall be 75,000 square feet. For all other uses, the minimum floor area shall be 1,500 square feet.

Maximum floor area ratio: 30% of the lot area.

Maximum improvement coverage: 70% of the lot area.

Maximum building height.

Principal buildings: six stories and 85 feet, subject to the exclusion for rooftop equipment in Subsection F(2)(d) below.

Rooftop mechanical equipment, elevator penthouses, chimneys and similar apparatus and related structures shall be screened from view on all sides by parapet walls, roofs, screens or similar features. If the screening of such equipment and structures is designed to appear as an integral part of the building architecture, then no additional requirements shall apply other than Subsection F(1) above. Examples of the foregoing include equipment that is completely screened from view at a point six feet above ground level at the property line by a parapet wall, cupola, false mansard roof, etc. Where the screening of such equipment and structures is not designed as an integral part of the building architecture, or it is visually apparent that the screening is intended primarily for screening purposes, the following shall apply:

Such equipment, structures and screening shall be set back from the perimeter of the roof a distance not less than the height of the equipment above the roof.

For buildings having a horizontal area of less than 50,000 square feet, the height of such equipment, structures and screening may not exceed the height of the roof upon which they are installed by more than 1/4 of the elevation of such roof.

For buildings having a horizontal area of at least 50,000 square feet, the height of such equipment, structures and screening may not exceed the height of the roof upon which they are installed by more than 1/2 of the elevation of such roof, up to a maximum height of 15 feet above the roof. Any such equipment, structures and screening having a height that exceeds 1/4 of the roof elevation shall be set back from the perimeter of the roof a distance not less than twice the height of the screening and equipment above the roof.

The horizontal area of such equipment, structures and screening shall not exceed 5% of the horizontal area of the roof upon which they are placed. For purposes of administering the foregoing, the area enclosed by screening that does not completely enclose equipment or structures shall be computed as the area of the smallest horizontal rectangle within which the screening and equipment is located.

Accessory buildings: as required by § 166-114C and other applicable laws, rules and regulations.

Minimum front yard. Buildings shall be located at least 100 feet from the Route 10 right-of-way or any road widening easement for Route 10, whichever is more restrictive. Buildings shall be located at least 75 feet from all other front lot lines or road widening easements, whichever is more restrictive.

Minimum side yard. Buildings shall be located at least 50 feet from side lot lines, provided that buildings shall be located at least 60 feet from the right-of-way or road widening easement for Route 287, whichever is more restrictive.

Minimum rear yard. Buildings shall be located at least 60 feet from rear lot lines.

Maximum number of principal buildings: no limit for shopping centers; one principal building per lot for other uses.

Maximum number of uses within the same building: no limit.

Minimum distance between principal buildings. The minimum distance between principal buildings shall be 40 feet.

§ 166-193.4 Other requirements.

In addition to all other applicable requirements of this article, Chapter 166 and any other applicable law, rule or regulation, development within the OB-DS Zone District shall comply with the following requirements:

Access and circulation. The reviewing board may require a traffic study for any large-scale development, which study shall demonstrate that the access and circulation design for the proposed development will not result in unreasonable traffic congestion or unsafe traffic conditions, based upon the type of development proposed.

Buffers and landscaping.

Designed shopping centers and conference centers shall be exempt from the requirement to provide buffers between the development and public streets as set forth in § 166-125A(3). All other uses shall provide buffers and landscaping as required by §§ 166-125, 166-153J, 166-153M and other applicable requirements of this chapter.

Parking area landscaping. Landscape plantings around the perimeter of parking areas shall be provided, plus landscaped islands between every bay of parking as required by § 166-153M. As an alternative to providing a landscaped island between every bay of parking, a development shall be permitted to provide up to three adjacent bays of parking without any landscaped islands between the bays, but only if a buffer consisting of plantings, berms, walls, fencing and/or topography is provided between the front lot lines and the parking area, and the buffer is designed to reasonably screen the view of the parking area from the street as determined by the Planning Board. Under no circumstances shall there be more than three adjacent bays of parking without any landscaped islands separating the bays.

Architectural design.

Large buildings shall be designed to avoid unbroken building masses in walls that face the street through the use of projections, recesses, varying materials and other methods, or such walls shall be screened from view by plantings.

Buildings shall either be designed with pitched roofs or with parapets or other architectural features that provide visual breaks in large areas of flat/level roofs.

Outdoor sales and storage accessory to retail use. Outdoor sales and storage areas accessory to retail use, whether covered by a roof or uncovered, are permitted when delineated on a plan as approved by the Planning Board. Such areas shall comply with the following:

Such areas shall be limited to no more than 20% of the gross floor area of the use to which the area is accessory.

Such areas shall be construed to be leasable area for purposes of determining the required number of parking and loading spaces.

Such areas shall not impede pedestrian, customer, or vehicular circulation, and shall be designed to discourage inappropriate or unsafe circulation movements.

The applicant for any such areas shall be required to demonstrate that such areas shall be properly contained so as to avoid unauthorized enlargement of such areas and to avoid litter or windblown or waterborne debris.

The applicant for any such areas shall be required to demonstrate that such areas will not interfere with the reasonable use of other businesses within the development or on adjacent properties.

The applicant for any such areas shall be required to demonstrate that such areas will not be prominently visible from nearby residential areas and will not be a distraction to passing travelers or prominently visible from any public street.

Research laboratories permitted by this article shall comply with the following requirements:

No animal shall be kept or maintained for laboratory research, design or experimental work unless a written permit is first obtained from the Board of Health.

Parking decks. Notwithstanding any other provision of this chapter, parking decks shall comply with the following requirements:

No parking deck shall be located in a front yard.

No parking deck shall exceed a height of 33 feet.

Parking decks shall comply with the required setback provisions for principal buildings.

The floor area of any parking deck shall be excluded from the floor area or leasable area calculations for purposes of complying with the maximum floor area ratio and parking requirements.

Parking decks shall be exempt from the provisions of § 166-153M.

Drive-in restaurants. Drive-in restaurants, where permitted, shall be subject to the following regulations, in addition to all other applicable regulations in this article:

[Added 10-11-2018 by Ord. No. 28-2018]

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 designed shopping center development.

Drive-in restaurants shall be subject to the same sign regulations as other retail uses in the district.

§ 166-193.5 Permitted uses and structures.

The following uses shall be permitted in the OB-RL3 Zone District:

Administrative, business and professional offices.

Research laboratories devoted exclusively to research design and experimentation.

State-licensed hospitals and nursing homes.

Indoor physical fitness facilities.

Child-care centers.

Conditional uses permitted in the OB-RL District as regulated and set forth in Article XXI.

Uses and structures accessory to and customarily incidental to permitted principal uses and permitted conditional uses, including, but not limited to, fitness centers, guard houses, visitor centers, child-care facilities and utility structures.

[Amended 10-27-2011 by Ord. No. 28-11]

§ 166-193.6 Prohibited uses.

[Amended 5-9-2024 by Ord. No. 10-2024]

Any use other than those uses permitted in § 166-193.5 above is prohibited. In addition, the following uses shall be specifically prohibited:

Retail sales unless accessory to a permitted principal use.

Residential construction or use.

Public or commercial incineration.

Junkyards.

Dumps, lagoons or pits for the disposal or storage of garbage, trash or any other liquid or solid waste materials, except by the municipality or its agent.

Sand, clay, or gravel pits.

Tar plants.

Amusement devices unless accessory to a permitted principal use. Nothing contained herein shall be construed to permit amusement devices that are available for operation to the general public. Their use shall be limited to company employees and visitors.

Warehouse/logistics uses as defined in § 166-4, except when accessory to a permitted principal use.

Refuse separation and recycling stations.

Refuse transfer stations.

Resource recovery plants.

In addition to the above uses, none of the following additional uses shall be permitted in any part of an OB-RL3 Zone that falls within an area defined as an airport hazard area in the Air Safety and Hazardous Zoning Act, Chapter 260 of the Laws of 1983:

Schools.

Bulk flammable or bulk compressed gas storage.

Single uses that would attract crowds in excess of 500 persons.

Uses that may attract massing birds, including landfills.

Above-grade major utility transmission lines/mains.

State-licensed hospitals and nursing homes.

No materials or finished products shall be manufactured, processed, or fabricated on said premises for sale, except such as are incidental to permitted laboratory research, design or experimental work.

No manufactured or commercial explosives shall be kept, maintained, or stored on said premises, except in small quantities for laboratory research, design or experimental use, and then only in compliance with all applicable federal, state and local safety statutes.

No animal shall be kept or maintained for laboratory research, design or experimental work unless a written permit is first obtained from the Board of Health.

§ 166-193.7 Required conditions.

The following requirements shall be complied with in the OB-RL3 Zone District:

Minimum lot area: 60,000 square feet.

Minimum average lot width: 200 feet, measured such that 60,000 square feet of lot area are provided within 300 feet of the front lot line.

Minimum floor area. Every principal building shall have a minimum floor area of 1,500 square feet.

Maximum floor area ratio: 33% of the lot area.

[Amended 10-27-2011 by Ord. No. 28-11]

Maximum improvement coverage: 60% of the lot area.

Maximum building height:

[Amended 10-27-2011 by Ord. No. 28-11]

Principal buildings: 75 feet, including any parapets or similar features, but excluding rooftop equipment and screens as regulated in Subsection F(3) below.

Accessory buildings: 35 feet, except for parking decks, which shall be permitted a maximum height of 46 feet, both including any parapets or similar features, but excluding rooftop equipment and screens as regulated in Subsection F(3) below, and excluding lighting equipment on the top level of a parking deck.

Roof structures and equipment, including but not limited to roof tanks and supports, chimneys, head houses or similar enclosures for elevators or air-conditioning machinery, dish antennas, solar panels or other similar apparatus, shall be excluded from the foregoing maximum heights. Such structures and equipment shall comply with the following:

On buildings greater than 60 feet in height, no roof structure or screening for the same shall exceed 20 feet in height.

On buildings from 40 feet to 59.99 feet in height, no roof structure or screening for the same shall exceed 16 feet in height.

On buildings less than 40 feet in height, no roof structure or screening for the same shall exceed 10 feet in height.

The area of rooftop structures and equipment, and the area enclosed by any screening structures for the same, shall not exceed 50% of the area of the roof of the building; provided, however, that solar panels shall be exempt from this area limitation.

The exterior finish of screening structures for rooftop structures and equipment shall be designed to be the same as, or compatible with, the finish of the exterior building walls.

Minimum yard setbacks. The following minimum yard setbacks shall apply to principal buildings except when the buffer requirements impose more stringent setbacks:

[Amended 6-14-2018 by Ord. No. 15-2018]

Minimum front yard: 100 feet for buildings up to three stories or 45 feet in height, whichever is less, plus 100 additional feet for each story in excess of three stories or each 15 feet, or fraction thereof, in excess of 45 feet. 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.

Minimum each side yard: 50 feet or 1 1/2 times the height of the building, whichever is greater. For buildings having a height in excess of three stories or 45 feet, any side yard abutting a residential zone district shall not be less than the minimum front yard requirement. 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. In no event shall a side yard abutting a residential district be less than 100 feet in depth.

Minimum both side yards combined: 40% of the lot width at the minimum front yard setback line.

Minimum rear yard: 60 feet. For buildings having a height in excess of three stories or 45 feet, any rear yard abutting a residential zone district shall not be less than the minimum front yard requirement. 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. In no event shall a rear yard abutting a residential district be less than 100 feet in depth.

Parking and loading. The requirements for parking and loading shall be as follows:

[Amended 10-27-2011 by Ord. No. 28-11]

Parking areas that are located within the front yard shall be located at least 100 feet from the front lot line and at least 10 feet from any other lot line.

Parking areas that are located within the side yards shall be located at least 10 feet from any other lot line.

Parking areas that are located within the rear yard shall comply with the requirements for the OB-RL Zone in § 166-153K(3).

Driveways shall be located at least 10 feet from any side or rear lot line; provided, however, that no setback shall be required along the common lot boundary for driveways that provide, or are planned to provide via an access easement or other mechanism, shared access between adjacent properties.

Except for parking decks, parking areas having an area of at least 15,000 square feet shall have islands installed to provide a visual break in large areas of pavement and to separate parking spaces from driveways, in accordance with the following requirements:

At least one island shall be provided for every two bays of parking, distributed so that there shall not be more than two adjacent bays of parking without an island separating the bays. A bay is an aisle and the adjacent parking spaces accessed from such aisle. The islands shall be at least 10 feet wide.

An island shall be provided at the ends of rows of parking spaces to separate the end parking spaces from adjacent driveways. The islands shall be at least six feet wide.

Islands shall be landscaped with shade trees and other vegetation, provided that if walkways are provided within the islands, landscaping shall only be required to the extent that it does not interfere with the parking of vehicles and the free clearance of pedestrians.

Lighting fixtures for parking and loading areas shall not exceed a height of 30 feet or 400 watts, except that exterior lighting fixtures on the top level of a parking deck shall not exceed a height of 15 feet above the pavement on the top level, or 250 watts. Illumination levels from site lighting shall not exceed 0.5 footcandle at any point along the property line of the premises, provided that this limitation shall not apply at the intersection of site driveways with public streets or along driveways that provide for shared access with adjacent properties. Site lighting shall be reduced to the minimum necessary for safety and security purposes when the use served by the parking area is not in operation.

In addition to the foregoing, all of the requirements for parking and loading in the OB-RL Zone not inconsistent with the requirements of this subsection shall apply.

Minimum buffer requirements. The requirements for buffers shall be the same as for development in the OB-RL District; provided, however, that the depth of the buffer required adjacent to a public street shall not be required to exceed 100 feet.

[Amended 10-27-2011 by Ord. No. 28-11]

Every building shall be faced on all exterior walls with an appropriate facade treatment as approved by the Planning Board, Board of Adjustment or Site Plan Exemption Committee, as applicable.

[Amended 10-27-2011 by Ord. No. 28-11]

(Reserved)[1]

Editor's Note: Former Subsection K, regarding aboveground storage tanks, as amended, was repealed 7-11-2013 by Ord. No. 19-13. See § 166-124.1, Aboveground storage and processing tanks.

No storage of any kind shall be permitted other than within a building or tank permitted by this chapter.

[Amended 10-27-2011 by Ord. No. 28-11]

Any portion of the OB-RL3 District located within an airport hazard area shall comply with the provisions and limitations of the Air Safety and Hazardous Zoning Act of 1983, N.J.A.C. 16:62 et seq., as amended May 15, 1989, and as may be further amended.

In addition to the requirements of this section, all of the provisions applicable to development in the OB-RL District shall also apply in the OB-RL3 District. In case of conflict between the OB-RL District requirements and the requirements set forth in this article, the requirements in this article shall supersede the OB-RL District requirements.

Minimum distance between buildings: the height of the taller building. If the building varies in height, the separation requirement shall apply independently to each portion of the building, based upon the height of such portion. For the purposes of this section, enclosed walkways that connect individual buildings shall not be construed to be a part of either building.

[Added 10-27-2011 by Ord. No. 28-11; amended 6-14-2018 by Ord. No. 15-2018]

Signs. The following sign regulations shall apply:

[Added 10-27-2011 by Ord. No. 28-11]

A maximum of two freestanding identification signs shall be permitted per driveway entrance from Whippany Road. Such signs shall be located at least 10 feet from the street right-of-way, shall have an area not exceeding 85 square feet per sign, exclusive of any supporting structures or base, and shall not exceed a height of 10 feet above the ground at the base of the sign.

An additional freestanding identification sign shall be permitted for each use at each intersection of site driveways with an internal shared access roadway. Such signs shall have an area not exceeding 60 square feet per sign, exclusive of any supporting structures or base, and shall not exceed a height of 10 feet above the ground at the base of the sign.

Up to three signs mounted flat on the building shall be permitted per principal building. The area of such signs shall not exceed a cumulative area of 500 square feet per building, or 5% of the area of the wall upon which the sign is mounted, whichever is less.

One sign mounted flat on the building shall be permitted per accessory building. The area of such signs shall not exceed 100 square feet per building.

Signs may be illuminated during the hours of building operation.

Notwithstanding any other ordinance provisions to the contrary, in the event access to the OB-RL3 Zone District is provided via a driveway or roadway located, in part or in whole, outside the OB-RL3 Zone District, signs shall be permitted along or adjacent to such driveway or roadway in the same manner as if such driveway or roadway were located within the OB-RL3 Zone District.

§ 166-193.8 Planned industrial development.

Planned industrial development shall be a development option in the OB-RL3 district, provided there is a minimum tract area of 50 acres. Planned industrial development shall be subject to the requirements of § 166-193.7 above except as otherwise regulated below:

More than one principal building is permitted, provided that the applicant demonstrates on a site plan that the subject property could be subdivided to locate each building on a separate lot and that such subdivision would comply with all applicable requirements of this chapter.

Maximum building height: as required by § 166-193.7F

[Amended 4-13-2023 by Ord. No. 11-2023]

Minimum yard setbacks: twice the building height or 100 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.

[Amended 6-14-2018 by Ord. No. 15-2018]

Minimum distance between buildings: the height of the taller building. If the building varies in height, the separation requirement shall apply independently to each portion of the building, based upon the height of such portion. Enclosed walkways may connect individual buildings and, for the purpose of administering this section, shall not be construed to be a part of either building.

[Amended 6-14-2018 by Ord. No. 15-2018]

Minimum buffer requirements. The buffer requirements shall be as regulated in § 166-193.7 above, except that parking areas and driveways may be located adjacent to the residential zone district boundary if the following requirements are complied with:

The property in the adjacent residential district shall be owned by and made a part of the planned industrial development plan.

The property in the adjacent residential district shall be dedicated as an undeveloped landscaped buffer area and shall remain so as long as said parking area or driveway is located less than 50 feet from the residential district boundary.

Maximum floor area ratio. The floor area ratio requirements shall be as regulated in § 166-193.7 above, except that the developer may cluster the development on one or more lots within the planned industrial development so that the floor area ratio on one or more lots exceeds that permitted by § 166-193.7, provided that the developer shall set aside within the planned industrial development public areas, by dedication to the Township or otherwise, in an amount that, when added to the area of the lot or lots containing the cluster development, the total planned industrial development floor area ratio shall not exceed the maximum permitted by § 166-193.7.

§ 166-194 Permitted uses and structures.

[Amended 5-12-1988 by Ord. No. 7-88; 11-10-1988 by Ord. No. 33-88; 6-8-1989 by Ord. No. 14-89; 8-24-1989 by Ord. No. 27-89;[1] 5-24-1990 by Ord. No. 16-90; 12-22-1993 by Ord. No. 36-93; 12-22-2003 by Ord. No. 26-2003; 12-14-2017 by Ord. No. 26-2017; 12-13-2018 by Ord. No. 35-18; 5-9-2024 by Ord. No. 10-2024]

The following uses shall be permitted in the I - Industrial District; provided, however, that any part of the I Zone that falls within an area defined as an airport hazard area in the Air Safety and Hazardous Zoning Act of 1983, 2 N.J.A.C. 16:62-1.1 et seq., as amended May 15, 1989, shall comply with the provisions of said chapter:

Industrial uses as defined by § 166-4.

Small, medium, and large warehouse/logistics uses as defined by § 166-4.

Professional, executive, or administrative offices.

Laboratories devoted exclusively to research design and experimentation.

State-licensed hospitals and nursing homes.

Indoor physical fitness facilities.

Data processing centers, but only within a planned commercial development.

Planned commercial developments (PCD) and planned industrial developments (PID). The permitted principal uses within a planned commercial development shall be limited to professional, executive, or administrative offices, laboratories devoted exclusively to research design and experimentation and data processing centers. The permitted principal uses within a planned industrial development shall be limited to laboratories devoted exclusively to research design and experimentation.

Conditional uses as permitted and regulated in Article XXI of this chapter.

Accessory uses and structures customarily subordinate and incidental to the permitted principal uses above.

(Reserved)

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 or the uses permitted in the B-10 Zone by Article XXXA 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. The following shall apply to development within the overlay area:

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 Article XXXA.

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 this Article XXXIV.

Any development within the B-10 overlay area for uses permitted in both the B-10 and I-Industrial Zone Districts shall be subject to either the regulations of Article XXXA or the regulations of this Article XXXIV, at the developer's option; provided that such development shall be subject to the regulations of only one of the two zones.

Editor's Note: Ordinance Nos. 14-89 and 27-89 were adopted to cure technical deficiencies in Ord. No. 33-88. However, the content of Ord. No. 33-88 has remained the same.

§ 166-195 Prohibited uses.

No land or building shall be used or occupied for a use which will in any manner create any dangerous, injurious, noxious or otherwise objectionable fire, explosive, radioactive or other hazard; noise or vibration; smoke, dust, odor or other form of air pollution; heat, cold, dampness or movement of air; electrical or other disturbance; glare; or liquid or solid wastes; in any manner or amount unless it conforms to the performance standards of § 166-197. In addition, the following uses are specifically prohibited:

Residential construction or conversion.

Business construction or conversion, unless permitted by § 166-194 or unless as an accessory use; provided, however, that amusement devices are only permitted as an accessory use to those uses as permitted and regulated in § 166-181.

[Amended 12-13-2018 by Ord. No. 35-18]

Public or commercial incineration.

Junkyards.

Dumps, lagoons or pits for the disposal or storage of garbage, trash or any other liquid or solid waste material, except by the municipality or its agent.

Sand, clay or gravel pits, quarries or any commercial processing of earth or mineral extraction.

Tar plants and concrete or bituminous concrete processing plants.

(Reserved)[1]

Editor's Note: Former Subsection H, regarding aboveground storage or processing tanks, was repealed 7-11-2013 by Ord. No. 19-13. See § 166-124.1, Aboveground storage and processing tanks.

Retail sales or services, unless permitted by § 166-194.

[Amended 12-13-2018 by Ord. No. 35-18]

Warehouse/logistics uses having characteristics that exceed any of the criteria for large warehouse/logistics uses in the definition of "warehouse/logistics use" in § 166-4.

[Amended 5-9-2024 by Ord. No. 10-2024]

Refuse separation and recycling stations.

Refuse transfer stations.

Resource recovery plants.

In addition to the above uses, none of the following additional uses shall be permitted in any part of an I Zone that falls within an area defined as an airport hazard area in the Air Safety and Hazardous Zoning Act, Chapter 260 of the Laws of 1983:

Schools.

Bulk flammable or bulk compressed gas storage.

Single uses that would attract crowds in excess of 500 persons.

Uses that may attract massing birds, including landfills.

Above-grade major utility transmission lines/mains.

§ 166-196 Required conditions.

[Amended 7-9-1987 by Ord. No. 22-87; 5-12-1988 by Ord. No. 7-88; 11-20-1989 by Ord. No. 37-89; 12-22-1993 by Ord. No. 36-93; 12-13-2001 by Ord. No. 18-2001; 9-8-2011 by Ord. No. 25-11; 2-23-2017 by Ord. No. 2-17; 6-14-2018 by Ord. No. 15-2018; 12-12-2024 by Ord. No. 31-2024]

The following requirements must be complied with in the I Zone; provided, however, that certain lands within the I Zone that fall within an area defined as an airport hazard area in the Air Safety and Hazardous Zoning Act, Chapter 260, of the Laws of 1983, and Chapter 62, Air Safety and Hazardous Zoning (N.J.A.C. 16:62-1.1 et seq.), shall be regulated by the provisions of said Chapters 260 and 62 where said Chapter 260 or 62 regulations are more restrictive than the following requirements, which shall govern all lands in the I Zone:

No structure shall exceed a maximum of 45 feet in height, exclusive of roof tanks and supports, chimneys or head houses or similar enclosures for elevators or air-conditioning machinery, dish antenna or other apparatus. The foregoing roof structures shall not exceed 10 feet in height nor shall their total area exceed 5% of the roof area to which they are attached.

There shall be a front yard of not less than 75 feet.

There shall be two side yards, and no side yard shall be less than 40 feet or 1.5 times the height of the building, whichever is greater; provided, however, that the side yard adjacent to a residential zone district shall not be less than 100 feet, unless the requirements of § 166-125 impose a more stringent requirement; and further provided that the two side yards must total 40% of the lot width, measured along the required front street setback line. 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.

There shall be a rear yard of at least 60 feet; provided, however, that the rear yard adjacent to a residential zone district shall not be less than 100 feet, unless the requirements of § 166-125 impose a more stringent requirement.

There shall be a minimum lot area of 60,000 square feet, with an average width of 200 feet. Said area must be measured within 300 feet of the front street property line.

Prior to the issuance of a building permit or certificate of occupancy, the Planning Board shall review and approve a site plan as required in Part 4.

The total floor area of all buildings on a lot shall not exceed 25% of the lot area, and any lot containing a building that has parking underneath said building or any part thereof shall not have more than 65% of the entire lot area covered with buildings, parking areas, sidewalks or any other impervious material. That part of the lot that is not covered with buildings or impervious material shall be landscaped as set forth in § 166-192F above.

Every building shall be faced on all exterior walls with a veneer material as approved by the Planning Board.

A planned industrial development shall meet the following requirements:

No building or structure shall exceed a maximum of 55 feet in height; provided, however, that parking structures shall not exceed a maximum of 28 feet in height.

No building shall be permitted closer to any property line or abutting street than two feet for every foot of building height, or 100 feet, whichever results in the greater setback. 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.

No building or structure shall be closer to another building or structure than a distance that equals or exceeds the height of the higher building or structure. If the building varies in height, the separation requirement shall apply independently to each portion of the building, based upon the height of such portion. Enclosed walkways may connect individual buildings and, for the purpose of administering this section, shall not be construed as an integral part of either building.

No storage of any kind shall be permitted other than within a building.

Off-street parking shall be provided as required in § 166-155. Said parking, including access driveways and aisles, shall not be closer than 25 feet to any nonresidentially zoned property line or 50 feet to any residential zone district boundary line, unless the requirements of § 166-125 impose a more stringent requirement.

The total floor area of all buildings within a planned industrial development shall not exceed 30% of the total site area in the planned industrial development. For the purpose of determining this thirty-percent ratio, the applicant may cluster his development on one or more lots within the planned industrial development that exceed the thirty-percent coverage of said lot or lots; provided, however, that to do so, he shall either deed to the Township public areas or he shall set aside within the planned industrial development public areas in an amount such that, when added to the area of the lot or lots containing the cluster development, the thirty-percent maximum coverage ratio would be met. The public areas to be deeded or set aside under the terms of this section shall be in the I Zone at a location and shape as approved by the Planning Board.

Those portions of the PID not covered with buildings, sidewalks, parking areas or other impervious materials shall be attractively planted with trees, shrubs, plants and grass lawns as required by the Planning Board.

Every PID layout containing more than one principal building will only be approved by the Hanover Township Planning Board if the applicant can demonstrate, on the required site plan, that any future lot created as part of a future subdivision of the property would meet all front yards, side yards, rear yards, minimum lot area and width, off-street parking, floor area ratios and other applicable requirements of this chapter regulating the use of land in the I Zone.

§ 166-197 Performance standards.

Before the issuance of any building or occupancy permit for any use in the Industrial District, all of the following regulations must be complied with:

All activities shall be carried on only in structures which conform to the standards of the National Board of Fire Underwriters or the Township Building Code or Fire Ordinance,[1] whichever is more restrictive. All operations shall be carried on and all combustible raw materials, fuels, liquids and shed products shall be stored in accordance with the standards of said Board of Fire Underwriters.

Editor's Note: See Ch. 105, Construction Codes, Uniform, and Ch. 137, Fire Prevention, of the Code of the Township of Hanover.

Any industrial activity which emits dangerous radioactivity at any point is prohibited.

Every industrial operation shall conform to the standards for air pollution as set forth in the New Jersey Administrative Code, Title 7, Chapter 27.

No industrial operation shall discharge industrial wastes of any kind into any reservoir, pond or lake. The discharge of untreated industrial wastes into a stream shall be prohibited. All methods of sewage and industrial waste treatment and disposal shall be approved by the Township and New Jersey State Health departments. Effluent from a treatment plant shall at all times comply with the following standards:

Maximum five-day biochemical oxygen demand: five parts per million.

Maximum quantity of effluent: 10% of minimum daily stream flow.

Maximum five-day biochemical oxygen demand after dilution (BOD of effluent multiplied by quantity of effluent divided by quantity of stream flow): 0.25 part per million.

Maximum total solids; 5,000 parts per million.

Maximum phenol: 0.01 part per million.

No effluent shall contain any other acids, oils, dust, toxic metals or corrosive or other toxic substance, solution or suspension, which would create odors or would discolor, poison or otherwise pollute the stream in any way.

There shall be no vibration which is discernible to the human sense of feeling beyond the immediate site on which such use is conducted.

The requirements of § 166-193F must be complied with.

There shall be no emission of odorous gases or other odorous matter in such quantities as to be offensive beyond the property line of the lot occupied by such use.

There shall be no direct or sky-reflected glare exceeding 0.5 footcandles measurable beyond the property line of the lot occupied by such use. This regulation shall not apply to lights used at the entrance or exits of service drives.

There shall be no ingress or egress to any industrial operation, as permitted and regulated by this article, from any minor street as set forth on the Township Master Plan.

There shall be established along the line of any lot that is contiguous to any residential district a buffer as required by § 166-125.

[Amended 12-13-2001 by Ord. No. 18-2001]

§ 166-198 Permitted and prohibited uses and structures.

[Amended 12-13-2018 by Ord. No. 35-18; 5-9-2024 by Ord. No. 10-2024]

The uses and structures permitted and prohibited in the I-2 Industrial Zone District shall be as set forth below. The intensity of operations shall not exceed the limitations imposed by the performance standards set forth in § 166-197 of this chapter.

Permitted uses shall be limited to:

Industrial uses as defined by § 166-4.

Small and medium warehouse/logistics uses as defined by § 166-4.

Professional, executive, or administrative offices.

Laboratories devoted exclusively to research design and experimentation.

State-licensed hospitals and nursing homes.

Indoor physical fitness facilities.

Data processing centers, but only within a planned commercial development.

Conditional uses as permitted and regulated in Article XXI of this chapter.

Accessory uses and structures customarily subordinate and incidental to the permitted principal uses above.

Any use not specifically permitted shall be prohibited. No land or building shall be used or occupied for a use which will in any manner create any dangerous, injurious, noxious or otherwise objectionable fire, explosive, radioactive or other hazard; noise or vibration; smoke, dust, odor or other form of air pollution; heat, cold, dampness or movement of air; electrical or other disturbance; glare; or liquid or solid wastes; in any manner or amount unless it conforms to the performance standards of § 166-197. In addition, the following uses shall be specifically prohibited:

Residential construction or use.

Retail or wholesale sales and services, unless accessory to a permitted principal use.

Public or commercial incineration.

Junkyards.

Dumps, lagoons or pits for the disposal or storage of garbage, trash or any other liquid or solid waste materials, except by the municipality or its agent.

Sand, clay or gravel pits, quarries or any commercial processing of earth or mineral extraction.

Tar plants and concrete or bituminous concrete processing plants.

Amusement devices, unless an integral part of the permitted accessory uses. Nothing contained herein shall be construed to permit amusement devices that are available for operation to the general public. Their use shall be limited to company employees and visitors.

Warehouse/logistics uses having characteristics that exceed any of the criteria for medium warehouse/logistics uses in the definition of "warehouse/logistics use" in § 166-4.

Refuse separation and recycling stations and refuse transfer stations.

Resource recovery plants.

The following additional uses in any part of an I-2 Zone that falls within an area defined as an airport hazard area in the Air Safety and Hazardous Zoning Act, Chapter 260 of the Laws of 1983:

Schools.

Bulk flammable or bulk compressed gas storage.

Single uses that would attract crowds in excess of 500 persons.

Uses that may attract massing birds, including landfills.

Above-grade major utility transmission lines/mains.

§ 166-199 Required conditions.

[Amended 11-20-1989 by Ord. No. 37-89; 6-14-2018 by Ord. No. 15-2018; 12-12-2024 by Ord. No. 31-2024]

The following requirements must be complied with in the I-2 Zone:

No building shall exceed a maximum of 45 feet in height, exclusive of roof tanks and supports, chimneys or head houses or similar enclosures for elevators or air-conditioning machinery, dish antennas or other apparatus. The foregoing roof structures shall not exceed 10 feet in height, nor shall their total area exceed 5% of the roof area to which they are attached.

No building shall be permitted closer to any abutting street than 150 feet.

No building shall be permitted closer to any property line, other than a public street property line, than 40 feet or 1.5 times the height of the building, 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.

Off-street parking shall be provided as required in Article XXIII of this chapter.

The total floor area within all structures on any lot in the I-2 Zone shall not be more than 25% of the total lot area.

The total maximum impervious coverage, including all buildings and paved areas, shall not exceed 65% of the total site area.

Those portions of the site not covered with buildings, sidewalks, parking areas or other impervious materials shall be attractively planted with trees, shrubs and grass lawns as required by the Planning Board.

Every building shall be faced on all exterior walls with a material as approved by the Planning Board.

§ 166-203.1 Intent.

The I-B2 Zone District is intended to recognize the unique location and access limitations of the property located within the Zone. The property is located at the intersection of Interstate Route 287 and New Jersey Route 10, and is completely isolated from surrounding areas by such roadways or the access/egress ramps serving the interchange. Both roadways carry extremely high volumes of traffic at relatively high speeds. The area of the interchange is often congested with traffic as well. Access to and from the property is limited to Route 10. For all of these reasons, the Zone is intended to promote and encourage the development of the property for appropriate uses in a manner that avoids generating high volumes of traffic or result in frequent or numerous turning movements into or from the Zone District.

§ 166-203.2 Permitted uses.

The following uses shall be permitted in the I-B2 District:

Industrial uses and small warehouse/logistics uses, both as defined in § 166-4.

[Amended 12-14-2017 by Ord. No. 26-2017; 5-9-2024 by Ord. No. 10-2024]

Self-service storage facility.

Furniture store.

Child-care center.

Accessory uses and structures that are customarily incidental to permitted principal uses.

§ 166-203.3 Prohibited uses.

[Amended 12-14-2017 by Ord. No. 26-2017]

Any use not specifically permitted in the I-B2 Zone by § 166-203.2 or permitted in all zones by this chapter is prohibited.

§ 166-203.4 Required conditions.

Any development in the I-B2 District shall comply with the following requirements:

Each lot shall have an area of at least five acres.

Each lot shall have a width of at least 300 feet, measured parallel to the Route 10 right-of-way at the minimum required front yard setback line.

There shall be a front yard depth of at least 75 feet, measured perpendicular to the Route 10 right-of-way. For purpose of defining front, side and rear yards, Interstate Route 287 and any access or egress ramps connecting Route 10 and Route 287 shall not be considered streets.

There shall be a side yard depth of at least 40 feet, measured perpendicular to the lot line. The combined depth of the two side yards shall be at least 40% of the lot width measured at the required minimum front yard setback line.

There shall be a rear yard depth of at least 60 feet, measured perpendicular to the lot line.

The floor area ratio shall not exceed 47% of the lot area.

The building coverage shall not exceed 35% of the lot area.

The improvement coverage shall not exceed 70% of the lot area.

No building shall exceed a height of 28 feet, exclusive of any rooftop equipment or structures. The height of such rooftop structures or equipment shall not exceed five feet, and the coverage by such structures or equipment, including the area enclosed or partially enclosed by any screening devices for such structures or equipment, shall not exceed 5% of the rooftop area of the building.

Each lot shall not contain more than one building.

Architectural design. The following provisions shall apply to the design of the building:

The building shall be designed using high-quality facade materials, roofing materials and architectural details. Facade materials such as brick, stucco, stone, textured concrete block, EIFS (e.g., "dryvit"), lightweight panelized systems with synthetic stucco or stone aggregate finishes, etc., are examples of acceptable facade materials. All building facades shall be designed with similar building materials. Metal or vinyl siding and plain, flat concrete block or cinder block shall be prohibited on any building facade.

[Amended 12-14-2017 by Ord. No. 26-2017]

Wall facades and roofs shall be designed to avoid a plain or monotonous appearance and, to this end, facades and roofs shall be designed with a variety of materials, wall projections, windows, rooflines, etc., as determined by the Board reviewing the site plan.

Outdoor storage of vehicles shall be permitted in the rear yard and in any side yard abutting Route 287 and its access/egress ramps, provided that such storage is screened as required by § 166-124A(3) and (4). In no case shall outdoor storage be permitted within a front yard.

The following requirements shall apply:

[Amended 12-14-2017 by Ord. No. 26-2017]

Every principal use shall have a minimum floor area of 7,500 square feet per floor.

No store or shop shall use any noisemaking devices, such as phonographs, loudspeakers, amplifiers, radios, television sets or similar devices, so situated so as to be heard outside any building. No smoke, fumes or objectionable odors shall be emitted from any building. The display of merchandise placed on the exterior premises of any building is prohibited.

Additional requirements for self-service storage facilities. Self-service storage facilities shall be subject to the following regulations. In addition, such facilities shall be subject to the requirements of the I-B2 Zone District and to all other applicable provisions of this chapter, provided that in the event of a conflict between a regulation in this section and any other provision of this chapter, the regulations of this section shall supersede such other provision unless prohibited by law.

Use restrictions.

A self-service storage facility shall be designed and used for the storage of personal goods and property by a resident or business, provided that such storage shall not be of a type that could be characterized as a warehouse/logistics use as defined in § 166-4 for the shipping, delivery, receipt or transfer of goods related to a nonresidential operation; only the storage of goods and property deemed to be of surplus or limited utility requiring temporary storage shall be permitted. Outdoor storage of vehicles shall also be permitted as regulated herein. It is the intent of this subsection to permit only storage that requires only infrequent site visitation by users of the facility, and not to permit storage that requires frequent site visitation by users of the facility.

[Amended 5-9-2024 by Ord. No. 10-2024]

The facility shall be designed for smaller items and quantities and, to this end, no storage unit shall exceed an area of 600 square feet.

The storage of materials that constitute a physical or health hazard in quantities in excess of those found in Table 307.7(1) and Tables 307.7(2) of the current International Building Code as it is adopted by the Uniform Construction Code of the State of New Jersey and all subsequent adoptions thereof shall be prohibited. The total aggregate storage of all such materials at the facility shall be used to determine conformance with said tables.

The storage of construction or contractor vehicles, equipment or materials is specifically prohibited.

No business or commercial activity, other than the leasing of storage space within the building and the leasing of storage space outdoors for vehicles by the operator of the self-service storage facility, shall be permitted at the site of a self-service facility.

Accessory uses. A self-service storage facility is permitted to include the following uses and structures that are accessory and incidental to the facility:

A leasing and administrative office in the same building as the facility.

A single apartment for the facility manager and his family in the same building as the facility.

Outdoor storage limited to the storage of vehicles as regulated by § 166-124A, except as may be superseded by this section. A user is not required to lease storage space within the building in order to lease storage space outside the building as permitted herein.

Parking and loading areas accessory to the foregoing permitted principal and accessory uses.

Loading doors. The building shall be designed to locate exterior roll-up doors or similar doors providing access to individual storage units in facades that do not face abutting streets, except that such doors may be located in facades that face Route 287 and any access/egress ramps for Route 287. Furthermore, any facade containing such doors shall be screened by a wall, fence and/or plantings, as determined by the Planning Board, as required below:

The fence, wall and/or planting shall be continuous, except for reasonable gaps necessary for site identification and marketing. This shall be construed to require that the fence, wall and/or planting shall extend for a length of at least 80% of the length of the site perimeter toward which the doors face; provided, however, that no such fence or wall shall be permitted in the front yard, and the portion of the site perimeter abutting the front yard shall be excluded in making calculations of the required or proposed fence or wall length. Furthermore, and notwithstanding the foregoing, the continuous length of any portion of such fence or wall shall not be less than twice the length of the longest gap in such fence or wall, the continuous length of any permitted gaps in such fence or wall shall not exceed 100 feet, and the permitted gaps in screening shall not occur along that portion of the site perimeter abutting or facing an area where outdoor storage is provided.

The height of any such fence or wall shall not exceed six feet; provided, however, that the Planning Board may permit a wall or fence with a height of eight feet if the same is necessary to provide adequate screening of the doors. Any fence or wall with a height exceeding six feet shall be set back at least five feet from any property line and supplemental plantings may be required by the Board to reduce the visual impact of the taller fence or wall. No fence or wall used for screening shall be permitted in any front yard.

The fence, wall or planting shall be sufficiently solid or dense so as to prevent the view of the doors during all seasons of the year.

The foregoing provisions shall not be construed as superseding the requirements for the screening of outdoor storage; in the event that such doors face areas of outdoor storage, the more restrictive screening provision shall apply.

Parking and loading spaces. The minimum required number of parking spaces shall be as follows, provided that no spaces used for the storage of vehicles shall be counted toward meeting this requirement:

Two parking spaces shall be provided for a manager's apartment.

Parking shall be provided for the leasing/administrative office as required for offices by § 166-155.

[Amended 9-8-2011 by Ord. No. 25-11]

Parking shall be provided at a ratio of one parking space per 50 storage units or one parking space per 5,000 square feet, exclusive of manager and office floor area, whichever may be greater.

Designated parking/loading and unloading spaces shall be provided for storage tenants such that no exterior door providing access to a storage unit shall be located further than 75 feet from a parking and loading space.

§ 166-203.5 Purpose and intent.

The purpose and intent of the I-B3 Zone District is to both preserve and enhance the positive characteristics of the existing industrial, laboratory and office development pattern along Hanover Avenue, while providing redevelopment opportunities for large-scale retail sales and service development that provides coordinated access, parking and site design.

§ 166-203.6 Permitted principal uses.

[Amended 12-20-2012 by Ord. No. 27-12; 5-12-2016 by Ord. No. 15-16; 10-13-2016 by Ord. No. 28-16; 7-13-2017 by Ord. No. 18-17]

The permitted principal uses in the I-B3 Zone District shall be limited to the following:

Industrial uses as defined in § 166-4.

[Amended 5-9-2024 by Ord. No. 10-2024]

Research laboratories as permitted in the I-Industrial Zone District.

Administrative, business and professional offices.

Retail sales establishments limited to the following:

Automotive parts and accessories stores.

Furniture and home furnishings stores.

Electronics and appliance stores.

Paint and wallpaper stores.

Hardware stores.

Home improvement superstores.

Garden centers.

Food, beverage and liquor stores.

Supermarkets.

Health and personal care stores, including but not limited to pharmacies and drug stores.

Clothing and clothing accessories stores.

Sporting goods, hobby, and musical instrument stores.

General merchandise stores, including book stores, news dealers and newsstands, department stores, warehouse clubs and supercenters, and other general merchandise stores.

Convenience stores, subject to the special provisions in § 166-203.10E.

Banks.

Personal services establishments limited to:

Laundry, cleaning and garment services, provided that commercial laundries and dry cleaning shall not be permitted on the premises.

Portrait photographic studios and photofinishing services.

Beauty salons, nail salons and barber shops.

Shoe repair and shoe shine establishments.

Diet and weight reducing centers.

Rental and leasing services limited to rental of formal wear, costumes, and video tapes and discs.

Eating and drinking establishments, such as but not limited to restaurants and bars. Drive-in restaurants shall only be permitted as part of a large scale retail development containing at least 75,000 square feet of floor area as permitted and regulated by this article.

[Amended 10-11-2018 by Ord. No. 28-2018]

Child-care centers.

Indoor physical fitness facilities.

Self-service storage facilities.

Conference centers.

Governmental buildings and uses and public parks and playgrounds.

Retail travel agencies and tour operators.

§ 166-203.7 Permitted accessory uses.

The permitted accessory uses the I-B3 Zone District shall be limited to the following:

Surface parking and loading areas and driveways.

Signs.

Outdoor dining facilities accessory to permitted eating and drinking establishments, as regulated by § 166-119.5, or accessory to convenience stores, as regulated by § 166-203.10E.

[Amended 12-20-2012 by Ord. No. 27-12]

Outdoor storage, sales and display accessory to a permitted home improvement center, garden center or supermarket.

Outdoor play areas accessory to a child-care center.

Drive-in facilities accessory to a bank, pharmacy or restaurant as permitted and regulated herein.

[Amended 10-11-2018 by Ord. No. 28-2018]

Other accessory uses and structures that are customarily incidental to a permitted principal use, unless specifically prohibited herein.

§ 166-203.7.1 Permitted conditional uses.

[Added 5-12-2016 by Ord. No. 15-16; amended 10-13-2016 by Ord. No. 28-16]

Gasoline stations shall be permitted in the I-B3 District only if they comply with the regulations for such uses or structures in § 166-150A. Such requirements shall be in addition to all other applicable requirements of the I-B3 Zone District and of this chapter, except in case of conflict, in which case the provisions of § 166-150A shall apply.

Motor vehicle repair or maintenance establishments shall be permitted as a conditional use as regulated by § 166-150K.

§ 166-203.8 Prohibited uses.

[Amended 9-12-2013 by Ord. No. 29-13; 10-11-2018 by Ord. No. 28-2018]

Uses prohibited in the I-B3 Zone District shall include the following:

Any principal use not specifically permitted herein or permitted by other applicable law.

Any use prohibited in all zone districts of the Township of Hanover.

(Reserved)

Storage yards, except as specifically permitted herein.

Fuel oil dealers.

Residential construction or conversion except as specifically permitted in the AH-1 Overlay Zone District.

Mixed-use development containing both: a) industrial, research laboratories, self-service storage facilities and/or conference centers; and b) retail sales, banks, personal services, rental and leasing establishments and/or eating and drinking establishments.

Warehouse/logistics uses as defined in § 166-4, unless accessory to a permitted principal use.

[Amended 5-9-2024 by Ord. No. 10-2024]

§ 166-203.9 Lot, bulk and intensity of use standards.

The lot, bulk and intensity of use standards for the I-B3 Zone District shall be as set forth below. For the purpose of administering and interpreting these standards, all required dimensions, areas, ratios and percentages set forth below shall exclude areas reserved for public roadway use, whether by easement or dedication.

Minimum lot/tract area.

[Amended 12-20-2012 by Ord. No. 27-12; 5-28-2015 by Ord. No. 14-15]

Retail sales, banks, personal services, rental and leasing establishments, eating and drinking establishments and conference centers: 10 acres minimum net developable area, except as provided otherwise herein. Within said tract, developments involving multiple buildings or uses that are part of a single overall development, and which demonstrate a permanent right to shared access, parking, utilities and/or other improvements, as appropriate, may be permitted individual lots for buildings or uses, with no minimum area or width requirement, and said lots shall not be considered "lots" for purposes of administering setbacks, coverage, ratios or other requirements. Notwithstanding the minimum ten-acre lot/tract area requirement above, the minimum lot/tract area shall be three acres of net developable area for properties that meet all of the following requirements:

Such properties shall either substantially abut or be located directly across the street from and substantially share the same street frontage with an existing development in the Township containing at least 10 acres net developable area and comprised of retail sales, banks, personal services, rental and leasing establishments, eating and drinking establishments and/or conference centers. For the purpose of administering this requirement, the following shall apply:

"Substantially abut" shall mean having a shared contiguous property boundary at least 300 feet in length.

"Located directly across the street from and substantially share the same street frontage" shall mean having a shared contiguous property frontage of at least 300 feet in length for each tract and located on opposite sides of the same street in the same location.

Such properties shall have at least 300 feet of contiguous frontage on Hanover Avenue or Ridgedale Avenue.

Such properties shall be located in the I-B3 Zone District.

The access driveways for any development on such properties shall be coordinated with the access driveways serving the abutting/opposite ten-acre minimum commercial development, in order to provide improved traffic flow and safety, as determined by the Planning Board at the time of site plan review.

The architectural design of the facades and roofs of buildings for any development on such properties shall be compatible with the facades and roofs of the buildings in the abutting/opposite ten-acre minimum commercial development, as determined by the Planning Board at the time of site plan review. The foregoing shall not be construed to require the same or similar design between the developments, but only to ensure a coordinated visual appearance of the buildings in the developments.

Uses other than retail sales, banks, personal services, rental and leasing establishments, eating and drinking establishments and conference centers: 60,000 square feet net developable area.

[Amended 5-28-2015 by Ord. No. 14-15]

Retail sales, banks, personal services, rental and leasing establishments, eating and drinking establishments and conference centers: 600 feet; provided, however, that the minimum average lot/tract width shall be 300 feet for properties permitted to contain less than 10 acres of net developable area pursuant to § 166-203.9A(1) above.

Other than retail sales, banks, personal services, rental and leasing establishments, eating and drinking establishments and conference centers: 200 feet.

Maximum floor area ratio:

[Amended 2-11-2016 by Ord. No. 3-16; 12-19-2022 by Ord. No. 34-2022]

Industrial, manufacturing, assembly and research or testing laboratory uses: 35% of the lot area.

All other uses: 30% of the lot area.

Mixture of above uses: In the event that a mixture of uses from Subsection C(1) and (2) are proposed with different maximum floor area ratios, the maximum combined floor area ratio shall be calculated on a proportional basis, as follows:

Divide the gross floor area of the uses in Subsection C(1) above by the total gross floor area of the building(s).

Multiply the result of the calculation in Subsection C(3)(a) times 0.35 35%.

Divide the gross floor area of the uses in Subsection C(2) above by the total gross floor area of the building(s).

Multiply the result of the calculation in Subsection C(3)(c) times 0.30 30%.

Add the results from the calculations in Subsection C(3)(b) and (d). The total is the maximum permitted floor area ratio, which if multiplied by the lot area, will indicate the maximum permitted floor area.

As an example, the maximum floor area ratio of a 100,000 square foot building, of which 80,000 square feet is used for industry and 20,000 square feet is used for offices, would be 34% of the lot area, calculated as follows:

80,000 sq. ft. industry floor area ÷ 100,000 sq. ft. total floor area = 0.80 = 80%

80% x 0.35 = 28%

20,000 sq. ft. office floor area ÷ 100,000 sq. ft. total floor area = 0.20 = 20%

20% x 0.30 = 6%

28% + 6% = 34% maximum floor area ratio

Maximum improvement coverage: 75% of the lot area.

Maximum building height.

Principal buildings: three stories and 45 feet. Notwithstanding the foregoing, architectural features such as parapets, pediments, cupolas and similar features that are required by this article shall be permitted a maximum height of 55 feet, subject, however to the provisions of Subsection E(2) below. The horizontal dimension of any and all such architectural features that exceeds a height of 45 feet shall not exceed, in the aggregate, 30% of the horizontal dimension of the building wall which they face.

Rooftop mechanical equipment: 10 feet above the elevation of the roof where the equipment is located. The area of said equipment, including the area enclosed by the screening for such equipment, shall not exceed 5% of rooftop area of the building. The foregoing shall not be construed to limit the area of parapet walls at the perimeter of the building, which walls comply with the maximum building height standards in Subsection E(1) above, to 5% of the rooftop area of the building.

Accessory buildings: as required by § 166-114C and other applicable laws, rules and regulations.

Minimum setback from front lot line. Buildings shall be located at least 75 feet, or three times the building height, whichever is greater, from front lot lines. 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.

[Amended 6-14-2018 by Ord. No. 15-2018]

Minimum setback from side lot line. Buildings shall be located at least 40 feet, or 1.5 times the building height, whichever is greater, from side lot lines. 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.

[Amended 6-14-2018 by Ord. No. 15-2018]

Minimum setback from rear lot line. Buildings shall be located at least 40 feet, or 1.5 times the building height, whichever is greater, from rear lot lines. 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.

[Amended 6-14-2018 by Ord. No. 15-2018]

Minimum setback from residential zone district. Buildings shall be located at least 100 feet from any residential zone district.

Maximum number of principal buildings: no limit.

Maximum number of uses within the same building: no limit.

Minimum distance between principal buildings. The minimum distance between principal buildings shall be 40 feet, or 1.5 times the building height, whichever is greater. If the building varies in height, the separation requirement shall apply independently to each portion of the building, based upon the height of such portion.

[Amended 6-14-2018 by Ord. No. 15-2018]

Maximum building gross floor area. The gross floor area of any building devoted to retail sales, banks, personal services, rental and leasing establishments, eating and drinking establishments and conference centers shall not exceed 175,000 square feet.

Minimum floor area. The minimum total floor area of all buildings within any development containing retail sales, banks, personal services, rental and leasing establishments, eating and drinking establishments and conference centers shall be 75,000 square feet; provided, however, that the minimum floor area shall be 15,000 square feet for properties permitted to contain less than 10 acres of net developable area pursuant to § 166-203.9A(1) above.

[Added 12-20-2012 by Ord. No. 27-12; amended 5-28-2015 by Ord. No. 14-15]

§ 166-203.10 Other requirements.

In addition to all other applicable requirements of this article, Chapter 166 and any other applicable law, rule or regulation, development within the I-B3 Zone District shall comply with the following requirements:

Access and circulation.

Site access and circulation shall be located and designed to avoid creating traffic congestion and unsafe conditions, and to discourage the use of residential streets by site users.

A traffic study shall be required for any large-scale development. Such study shall demonstrate that the proposed development will not create excessive traffic congestion, unsafe traffic conditions or excessive traffic on residential streets, as determined by the Planning Board as part of the site plan application and review process.

Buffers and landscaping.

Retail sales, banks, personal services, rental and leasing establishments, eating and drinking establishments and conference centers shall comply with the following requirements:

Such development shall be exempt from the requirement to provide buffers between the development and public streets as set forth in § 166-125A(3) or buffers between nonresidential development and the PU Zone District or public park per § 166-125A(6).

Buffers between nonresidential development and residential zone districts shall be provided as required by § 166-125.

Other landscaping shall be provided as required by § 166-153J and other applicable requirements of this chapter.

Uses other than retail sales, banks, personal services, rental and leasing establishments, eating and drinking establishments and conference centers shall provide buffers and landscaping as required by §§ 166-125, 166-153J, 166-153M and other applicable requirements of this chapter.

Architectural design.

Buildings used for retail sales, banks, personal services, rental and leasing establishments, eating and drinking establishments and conference center buildings that, in the aggregate, have a gross floor area of at least 50,000 square feet shall be designed to comply with the following minimum requirements:

Large unbroken building masses in walls that face the street shall be avoided through the use of projections, recesses, varying materials and other methods. For any exterior building wall facing the street, including parapets and similar features, the following shall be complied with:

Maximum contiguous area of same or similar walls. The maximum contiguous wall surface area containing the same or similar material or within the same or similar vertical plane shall not exceed 5,000 square feet.

Separations between same or similar walls. Where two wall surface areas containing the same or similar material and/or within the same or similar vertical plane are separated, the separation shall be of a different material and/or shall be located within a different vertical plane. The separating section shall have the following minimum dimensions:

A vertical separation between similar wall areas located on either side shall have a horizontal dimension not less than 5% of the average horizontal dimension of the adjacent wall areas being separated. If the average horizontal dimension of the adjacent wall areas being separated is not the same, the larger dimension shall be used for this requirement.

A horizontal separation between similar wall areas located above and below shall have a vertical dimension not less than 10% of the average vertical dimension of the adjacent wall areas being separated. If the average vertical dimension of the adjacent wall areas being separated is not the same, the larger dimension shall be used for this requirement.

Maximum total area of same or similar walls. The maximum total surface area having both the same or similar material and located within the same or similar vertical plane in any wall shall not exceed 60% of the total area of said wall. This requirement shall apply to all wall areas, whether contiguous or noncontiguous.

Maximum total area of same or similar materials. The maximum total wall surface area containing the same or similar material shall not exceed 80% of the total area of said wall. This requirement shall apply to all wall areas, whether contiguous or noncontiguous, and even if said areas are not in the same or similar vertical plane.

"Same or similar vertical plane" defined. For purposes of complying with the above provisions, a wall surface shall be considered within the same or similar vertical plane as another wall surface unless there is a horizontal distance between such wall surfaces of at least eight inches.

In cases where more than one principal building is proposed on the same lot or tract forming a single retail development, all buildings shall be designed with compatible design elements so as to create a unified theme within the development.

Buildings shall either be designed with pitched roofs or with parapets or other architectural features that provide visual breaks in large areas of flat/level roofs.

Rooftop mechanical equipment shall be screened from view. Screening shall be of a material compatible with exterior building walls and shall be designed to enhance the overall appearance of the building.

Buildings other than those regulated by Subsection C(1) above shall be faced on all exterior walls with a veneer material as approved by the Planning Board.

[Amended 10-11-2018 by Ord. No. 28-2018]

Such areas, except for permitted drive-in operations, shall be limited to no more than 20% of the gross floor area of the use to which the area is accessory.

Such areas, except for permitted drive-in operations, shall be construed to be floor area for purposes of determining the required number of parking and loading spaces.

Such areas shall not impede pedestrian, customer, or vehicular circulation, and shall be designed to discourage inappropriate or unsafe circulation movements.

The applicant for any such areas shall be required to demonstrate that such areas will not interfere with the reasonable use of other businesses within the development or on adjacent properties.

Outdoor dining permitted as an accessory use to a convenience store shall be subject to the provisions of § 166-119.5., the same as if the convenience store were a restaurant.

[Added 12-20-2012 by Ord. No. 27-12; amended 5-12-2016 by Ord. No. 15-16; 10-13-2016 by Ord. No. 28-16]

Drive-in restaurants. Drive-in restaurants, where permitted, shall be subject to the following regulations, in addition to all other applicable regulations in this article:

[Added 10-11-2018 by Ord. No. 28-2018]

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 retail development.

Drive-in restaurants shall be subject to the same sign regulations as other retail uses in the district.

§ 166-204 Permitted uses and structures.

[Amended 4-14-1988 by Ord. No. 3-88; 5-12-1988 by Ord. No. 7-88; 5-24-1990 by Ord. No. 16-90; 5-13-1993 by Ord. No. 12-93; 12-22-1993 by Ord. No. 36-93; 12-14-2017 by Ord. No. 26-2017; 12-13-2018 by Ord. No. 35-18; 6-13-2019 by Ord. No. 24-19; 5-9-2024 by Ord. No. 10-2024]

The following uses shall be permitted in the I-P Industrial Park Zone; provided, however, that any part of the I-P Zone that falls within an area defined as an airport hazard area in the Air Safety and Hazardous Zoning Act of 1983, N.J.S.A. 6:1-81 et seq., as amended, N.J.A.C. 16:62-1.1 et seq., as amended May 15, 1989, shall comply with the provisions of said chapter and with the Air Safety and Zoning regulations, N.J.A.C. 16:62-1.1 et seq.:

Professional, executive or administrative offices.

Industrial uses as defined in § 166-4.

Scientific or research laboratories.

State-licensed nursing homes.

Indoor physical fitness facilities.

(Reserved)

Municipal uses, institutional uses and nonresidential social assistance establishments as regulated by § 166-138.4 and by this article.

Conditional uses as permitted and regulated in Article XXI of this chapter.

Veterinary services, pet care services and pet boarding services, including as an accessory use outdoor training or exercising areas, and subject to compliance with the requirements of Chapter 117.

Small warehouse/logistics uses as defined by § 166-4.

Accessory uses and structures customarily subordinate and incidental to the permitted principal uses above.

§ 166-205 Prohibited uses.

[Amended 5-12-2016 by Ord. No. 15-16; 12-13-2018 by Ord. No. 35-18; ; 7-11-2013 by Ord. No. 19-135-9-2024 by Ord. No. 10-2024]

Any use not specifically permitted shall be prohibited. No land or building shall be used or occupied for a use which will in any manner create any dangerous, injurious, noxious or otherwise objectionable fire, explosive, radioactive or other hazard; noise or vibration; smoke, dust, odor or other form of air pollution, heat, cold, dampness or movement of air; electrical or other disturbance; glare, or liquid or solid waste in any manner or amount unless it conforms with the performance standards of § 166-197 or any use which shall be detrimental to the health, safety, morals or general welfare of the Township of Hanover. In addition, the following uses are specifically prohibited:

Residential construction or conversion.

Public or commercial incineration.

Junkyards.

Dumps, lagoons or pits for the disposal or storage of garbage, trash or any other liquid or solid waste material, except by the municipality or its agent.

Retail sales and service, except as specifically permitted by this article and except conditional uses as regulated in Article XXI; provided, however, that amusement devices are only permitted as an accessory use to those uses as permitted and regulated in § 166-181.

Self- service storage facilities, as defined in § 166-4.

(Reserved)

Bowling alleys and like amusement buildings.

Gasoline stations and motor vehicle repair or maintenance establishments.

(Reserved)

Warehouse/logistics uses having characteristics that exceed any of the criteria for small warehouse/logistics uses in the definition of "warehouse/logistics use" in § 166-4.

Refuse separation and recycling stations.

Refuse transfer stations.

Resource recovery plants.

In addition to the above uses, none of the following additional uses shall be permitted in any part of an I-P Zone that falls within an area defined as an airport hazard area in the Air Safety and Hazardous Zoning Act.

Schools.

Bulk flammable or bulk compressed gas storage.

Single uses that would attract crowds in excess of 500 persons.

Uses that may attract massing birds, including landfills.

Above-grade major utility transmission lines/mains.

§ 166-206 Required conditions.

[Amended 5-12-1988 by Ord. No. 7-88; 11-20-1989 by Ord. No. 37-89; 12-13-2001 by Ord. No. 18-2001; 9-8-2011 by Ord. No. 25-11; 2-23-2017 by Ord. No. 2-17; 12-14-2017 by Ord. No. 26-2017; 6-14-2018 by Ord. No. 15-2018; 6-13-2019 by Ord. No. 24-19; 12-12-2024 by Ord. No. 31-2024]

The following requirements must be complied with in the IP Zone; provided, however, that certain lands within the IP Zone that fall within an area defined as an airport hazard area in the Air Safety and Hazardous Zoning Act, Chapter 260, of the Laws of 1983, and Chapter 62, Air Safety and Hazardous Zoning (N.J.A.C. 16:62-1.1 et seq.), shall be regulated by the provisions of said Chapters 62 and 260, where said Chapter 62 or 260 regulations are more restrictive than the following requirements, which shall govern all lands in the I-P Zone:

No building shall exceed a maximum of 45 feet in height, exclusive of roof tanks and supports, chimneys or head houses or similar enclosures for elevators or air-conditioning machinery or other apparatus. The foregoing roof structures shall not exceed 10 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 forty-five-foot height limit as regulated in § 166-138.1B(2).

There shall be a front yard of not less than 100 feet, except on Malapardis Road, where the setback shall be 150 feet. Passenger automobile parking areas, as required, shall be permitted in the front yard, provided that said parking shall at no point be closer than the required front yard setback. Corner lots shall meet the front yard requirements and regulations from each abutting street.

There shall be two side yards, and no side yard shall be less than 40 feet or 1.5 times the height of the building, whichever is greater; provided, however, that the side yard adjacent to a residential zone district shall not be less than 100 feet, unless the requirements of § 166-125 impose a more stringent requirement; and further provided that the two side yards must total 40% of the lot width measured along the required front street setback line. 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.

There shall be a rear yard of at least 75 feet; provided, however, that the rear yard adjacent to a residential zone district shall not be less than 100 feet, unless the requirements of § 166-125 impose a more stringent requirement.

Each lot shall have a minimum lot width of 350 feet measured along the required front street setback line.

Those portions of all front, rear and side yards that are not used for off-street parking shall be attractively planted with trees, shrubs, plants and grass lawns as required by the Planning Board.

No storage of any kind shall be permitted in this zone other than within a building.

The total floor area within all structures on any lot in the I-P Zone shall not be more than 25% of the total lot area.

(Reserved)

Every building shall be faced on all exterior walls with a veneer material as approved by the Planning Board.

Planned industrial developments as defined in § 166-4 shall be permitted, which developments shall meet the following requirements, along with 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 following requirements shall apply to the planned industrial development:

No building or structure shall exceed a maximum of 55 feet in height; provided, however, that parking structures shall not exceed a maximum of 28 feet in height.

No building or structure shall be closer to another building or structure than a distance that equals or exceeds the height of the higher building or structure. Enclosed walkways may connect individual buildings and, for the purpose of administering this section, shall not be construed as an integral part of either building. If the building varies in height, the separation requirement shall apply independently to each portion of the building, based upon the height of such portion.

No storage of any kind shall be permitted other than within a building.

The total floor area of all buildings within a planned industrial development shall not exceed 25% of the total site area in the planned industrial development. For the purpose of determining this twenty-five-percent ratio, the applicant may cluster his development on one or more lots within the planned industrial development that exceed the twenty-five-percent coverage of said lot or lots; provided, however, that to do so he shall either deed to the Township the public areas or he shall set aside within the planned industrial development public areas in an amount such that, when added to the area of the lot or lots containing the cluster development, the twenty-five-percent maximum coverage ratio would be met. The public areas to be deeded or set aside under the terms of this section shall be in the I-P Zone at a location and shape as approved by the Planning Board.

Every planned industrial development containing more than one principal building on a lot shall be required to demonstrate, as part of the required site plan application, that any future lot created as part of a future subdivision of the property would meet all front yards, side yards, rear yards, minimum lot area and width, off-street parking, floor area ratios and other applicable requirements of this article and of this chapter.

§ 166-207 Performance standards.

Before the issuance of a building or occupancy permit for any use in the Industrial Park District, all the performance standards of § 166-193 must be complied with.

§ 166-207.4 Permitted uses and structures.

The following principal uses shall be permitted in the I-4 Zone District:

Industrial uses, as defined in § 166-4, that comply with the performance standards in § 166-197 of this chapter.

[Amended 5-9-2024 by Ord. No. 10-2024]

"Flex-buildings," defined as one- or two-story buildings designed to accommodate a variety of uses and internal space layouts, and limited to industrial uses, offices, research laboratories and ancillary uses to the foregoing.

[Amended 5-9-2024 by Ord. No. 10-2024]

Small, medium, and large warehouse/logistics uses as defined by § 166-4.

[Amended 5-9-2024 by Ord. No. 10-2024]

Administrative, business and professional offices.

Research laboratories.

Child-care centers.

(Reserved)[1]

Editor's Note: Former Subsection G, which listed public and quasi-public uses as permitted uses, was repealed 2-22-2007 by Ord. No. 5-07.

Uses and structures accessory to and customary incidental to permitted principal uses.

Veterinary services, pet care services and pet boarding services, including as an accessory use outdoor training or exercising areas, and subject to compliance with the requirements of Chapter 117.

[Added 12-13-2018 by Ord. No. 35-18]

§ 166-207.5 Prohibited uses.

Any use other than those uses permitted in § 166-207.4 above is prohibited. In addition, the following uses shall be specifically prohibited:

Residential use.

[Amended 2-22-2007 by Ord. No. 5-07]

Retail and wholesale business uses.

Warehouse/logistics uses having characteristics that exceed any of the criteria for large warehouse/logistics uses in the definition of "warehouse/logistics use" in § 166-4.

[Amended 5-9-2024 by Ord. No. 10-2024]

Hotels and motels.

Any use prohibited by § 166-191, unless permitted by § 166-207.4.

Any use conducted outside the confines of a building, except as specifically permitted. This prohibition shall include outdoor storage or display of any kind, except for limited and temporary storage of refuse and recyclables accessory to the use. Rooftop or at-grade equipment designed as part of the heating, ventilating, air-conditioning, emergency power or similar systems for the principal use shall be excluded from the foregoing prohibition, provided that such equipment is properly screened and that environmental impacts from the equipment are appropriately mitigated.

§ 166-207.6 Required conditions.

The following requirements shall be complied with in the I-4 Zone District, except as may be provided otherwise as part of a planned development:

Minimum lot area: three acres.

Minimum lot width: 200 feet.

Maximum floor area ratio: 25% of the lot area.

Maximum building coverage: 25% of the lot area.

Maximum improvement coverage: 65% of the lot area.

Maximum building height: three stories or 45 feet, whichever is more restrictive. The maximum permitted height shall be measured exclusive of roof tanks and supports, chimneys or head houses or similar enclosures for elevators or air-conditioning equipment, dish antennas or other apparatus, and exclusive of any parapet walls or other devices used for screening said roof structures; provided, however, that the following shall apply to the foregoing roof structures and any screening for the same:

All roof structures shall be screened from view by appropriate materials designed to be compatible with the building facade and/or roof materials, as determined by the Planning Board.

No roof structure or screening for the same shall exceed 16 feet in height above the elevation of the roof upon which the structure or screening is mounted.

The coverage of the roof area by roof structures, and the area of enclosure by any screening of the same, shall not exceed 20% of the area of the roof of the building upon which the roof structures and screening are mounted.

Minimum yard setbacks. The following minimum yard setbacks shall apply to principal buildings, except when the buffer requirements impose more stringent setbacks:

Minimum front yard: 450 feet from Parsippany Road, 150 feet from Route 10 and 75 feet from other streets.

Minimum side yard: 50 feet.

Minimum rear yard: 50 feet.

Minimum parking setbacks. The following minimum yard setbacks shall apply to parking and loading areas, except when the buffer requirements impose more stringent setbacks:

Parking areas in the front yard. In the front yard facing Parsippany Road, parking areas shall be set back from the street right-of-way at least 450 feet. In the front yards facing other streets, parking areas shall be set back from the street right-of-way a distance equal to the minimum front yard required for principal buildings. Parking areas in any front yard shall be set back at least 25 feet from lot lines other than the front lot line.

Parking areas in the side yard shall be set back at least 25 feet from any lot line.

Parking areas in the rear yard shall be set back at least 25 feet from any lot line.

Parking decks shall comply with the same setback requirements that apply to surface parking areas, except that parking decks shall be set back at least 300 feet from a residential zone district.

Buffer requirements. Where the I-4 Zone abuts a residential zone district, Parsippany Road or Route 10, there shall be provided within the I-4 Zone a buffer to mitigate harmful effects from the I-4 Zone development to adjacent residential properties and to screen the development from said roads. The following requirements shall apply to such buffers:

Where the I-4 Zone abuts the R-25 Zone District located along Parsippany Road or Route 10, the depth of the buffer shall be at least five feet for each acre of lot area, provided that no buffer shall be permitted to have a depth of less than 50 feet, and no buffer shall be required to have a depth of greater than 75 feet, measured perpendicular to the property line.

[Amended 12-28-2000 by Ord. No. 19-2000]

Where the I-4 Zone abuts a residential zone district other than the R-25 Zone District located along Parsippany Road or Route 10, the depth of the buffer shall be at least five feet for each acre of lot area, provided that no buffer shall be permitted to have a depth of less than 50 feet, and no buffer shall be required to have a depth of greater than 150 feet, measured perpendicular to the property line.

[Amended 12-28-2000 by Ord. No. 19-2000]

Where the I-4 Zone abuts Parsippany Road, the depth of the buffer shall be at least 150 feet.

Where the I-4 Zone abuts Route 10, the depth of the buffer shall be at least 100 feet.

Buffers shall be designed to provide an effective visual screen of the property in the I-4 Zone from the adjoining residential zone or roadway during all seasons of the year.

Within buffers, all existing trees, shrubs, ground cover and other vegetation shall be preserved, except when it is determined by the Planning Board that certain trees and other vegetation pose a hazard to human life or property or must be removed for driveways necessary to provide direct access to public streets, utilities and landfill monitoring structures as may be required by the New Jersey Department of Environmental Protection. In addition to the foregoing, the following removal of existing vegetation within buffers shall also be permitted:

A maximum twenty-foot depth of the required buffer, located in that portion of the buffer furthest from the residential zone, Parsippany Road or Route 10, may be disturbed and vegetation removed when it is determined by the Planning Board that the same is necessary for reasonable grading activities. Upon completion of the grading activities, the area shall be planted so as to further the objectives of the buffer. The foregoing shall not be construed to permit within the buffer any buildings, parking or loading areas, driveways or other paved areas nor any storage of materials or equipment, except as specifically permitted by Subsection I(6) above.

A maximum fifty-foot depth of the required buffer along Route 10, located in that portion of the buffer adjacent to the roadway, may be disturbed and vegetation removed when it is determined by the Planning Board that the same is necessary for widening of Route 10.

If the existing vegetation within a buffer is not sufficient to provide an effective visual screen, additional supplemental plantings, berms and/or fencing shall be provided sufficient to provide such screen. Such supplemental measures shall be designed in such a manner so as to minimize the removal of existing trees or other vegetation within the buffer area, as determined by the Planning Board. If such supplemental measures cannot be provided within the buffer area without substantially disturbing existing vegetation, then such measures shall be located outside of the buffer area, as determined by the Planning Board.

Required buffers shall be protected by means of a conservation covenant recorded with the deed in perpetuity or a conservation easement conveyed to the Township of Hanover. The easement or covenant shall contain a metes and bounds description of the buffer and shall prohibit the removal or destruction of trees, shrubs or other vegetation, the excavation, removal or placement of soil, sand, gravel, rocks, waste materials or any unsightly or offensive materials and the construction of buildings, pavement or other structures within the buffer, except as permitted by Subsections I(6) and I(7) above. The easement or covenant shall also stipulate that it is intended to benefit the public at large and that the restrictions are enforceable by the Township and its citizens. The easement or covenant shall bind all parties in said land and shall be passed on in perpetuity.

Where the I-4 Zone does not abut a residential zone district, but is separated from the same by a property in another nonresidential zone, which by its nature is incapable of providing a conforming buffer, the property in the I-4 Zone shall be required to provide a buffer in the same manner as if it abutted the residential zone district, except that the buffer depth shall in such case be measured from and perpendicular to the residential zone district boundary.

§ 166-207.7 Permitted uses and structures.

The following uses shall be permitted in the I-5 zone district:

Industrial uses, as defined in § 166-4, that comply with the performance standards in § 166-197 of this chapter.

[Amended 5-9-2024 by Ord. No. 10-2024]

Administrative, business and professional offices.

Research laboratories.

State-licensed hospitals and nursing homes.

Indoor physical fitness facilities.

Child-care centers.

Conditional uses permitted in the I - Industrial District as regulated and set forth in Article XXI.

Uses and structures accessory to and customarily incidental to permitted principal uses and permitted conditional uses.

Veterinary services, pet care services and pet boarding services, including as an accessory use outdoor training or exercising areas, and subject to compliance with the requirements of Chapter 117.

[Added 12-13-2018 by Ord. No. 35-18]

Small and medium warehouse/logistics uses as defined by § 166-4.

[Added 5-9-2024 by Ord. No. 10-2024]

§ 166-207.8 Prohibited uses.

[Amended 5-9-2024 by Ord. No. 10-2024]

Any use other than those uses permitted in § 166-207.7 above is prohibited. No land or building shall be used or occupied for a use which will in any manner create any dangerous, injurious, noxious or otherwise objectionable fire, explosive, radioactive or other hazard; noise or vibration; smoke, dust, odor or other form of air pollution; heat, cold, dampness or movement of air; electrical or other disturbance; glare; or liquid or solid wastes; in any manner or amount unless it conforms to the performance standards of § 166-197. In addition, the following uses are specifically prohibited:

Residential construction or conversion.

Business construction or conversion, unless permitted by § 166-207.7 or unless as an accessory use; provided, however, that amusement devices are only permitted as an accessory use to those uses as permitted and regulated in § 166-181.

Public or commercial incineration.

Junkyards.

Dumps, lagoons or pits for the disposal or storage of garbage, trash or any other liquid or solid waste material, except by the municipality or its agent.

Sand, clay or gravel pits, quarries or any commercial processing of earth or mineral extraction.

Tar plants and concrete or bituminous concrete processing plants.

Retail sales or services, unless permitted by § 166-207.7.

Warehouse/logistics uses having characteristics that exceed any of the criteria for medium warehouse/logistics uses in the definition of "warehouse/logistics use" in § 166-4 shall be prohibited.

Refuse separation and recycling stations.

Refuse transfer stations.

Resource recovery plants.

Schools.

Bulk flammable or bulk compressed gas storage.

Single uses that would attract crowds in excess of 500 persons.

Uses that may attract massing birds, including landfills.

Above-grade major utility transmission lines/mains.

§ 166-207.9 Required conditions.

The following requirements shall be complied with in the I-5 Zone District:

Minimum lot area: 60,000 square feet.

Minimum average lot width: 200 feet, measured such that 60,000 square feet of lot area are provided within 300 feet of the front lot line.

Maximum floor area ratio: 25% of the lot area.

[Amended 7-26-2012 by Ord. No. 16-12]

Maximum improvement coverage: 65% of the lot area.

[Amended 7-26-2012 by Ord. No. 16-12]

Maximum building height: three stories or 45 feet, exclusive of roof structures and equipment, including but not limited to roof tanks and supports, chimneys, head houses or similar enclosures for elevators or air-conditioning machinery, dish antennas or other apparatus, which shall not exceed 10 feet in height, and the area of which, including enclosures for the same but excluding parapets of the same material as the building facade, shall not exceed 5% of the area of the roof.

Minimum yard setbacks. The following minimum yard setbacks shall apply to principal buildings except when the buffer requirements impose more stringent setbacks:

Minimum front yard: 75 feet.

Minimum each side yard: 40 feet or 1 1/2 times the height of the building, 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. In no event shall a side yard abutting a residential district be less than 100 feet in depth.

[Amended 6-14-2018 by Ord. No. 15-2018]

Minimum both side yards combined: 40% of the lot width at the minimum front yard setback line.

Minimum rear yard: 60 feet or 100 feet when adjacent to a residential zone district, whichever is greater.

Parking and loading. The requirements for parking and loading shall be the same as for development in the I - Industrial District.

Minimum buffer requirements. The requirements for buffers shall be the same as for development in the I--Industrial District.

Every building shall be faced on all exterior walls with a veneer material as approved by the Planning Board or Board of Adjustment, as applicable.

The performance standards of § 166-197 shall be complied with.

Any portion of the I-5 District located within an airport hazard area shall comply with the provisions and limitations of the Air Safety and Hazardous Zoning Act of 1983, N.J.A.C. 16:62 et seq., as amended May 15, 1989, and as may be further amended.

In addition to the requirements of this section, all of the provisions applicable to development in the I District shall also apply in the I-5 District. In case of conflict between the I District requirements and the requirements set forth in this article, the requirements in this article shall supersede the I District requirements.

§ 166-207.10 Permitted uses and structures.

The following uses shall be permitted in the I-P2 Zone District:

Industrial uses, as defined in § 166-4, that comply with the performance standards in § 166-197 of this chapter.

[Amended 5-9-2024 by Ord. No. 10-2024]

Administrative, business and professional offices.

Research laboratories devoted exclusively to research design and experimentation.

State-licensed hospitals and nursing homes.

Indoor physical fitness facilities.

Child-care centers.

Conditional uses permitted in the I-P District as regulated and set forth in Article XXI.

Uses and structures accessory to and customarily incidental to permitted principal uses and permitted conditional uses.

Veterinary services, pet care services and pet boarding services, including as an accessory use outdoor training or exercising areas, and subject to compliance with the requirements of Chapter 117.

[Added 12-13-2018 by Ord. No. 35-18]

Small and medium warehouse/logistics uses as defined by § 166-4.

[Added 5-9-2024 by Ord. No. 10-2024]

§ 166-207.11 Prohibited uses.

[Amended 5-9-2024 by Ord. No. 10-2024]

Any use other than those uses permitted in § 166-207.10 above is prohibited. In addition, the following uses are specifically prohibited:

Residential construction or conversion.

Public or commercial incineration.

Junkyards.

Dumps, lagoons or pits for the disposal or storage of garbage, trash or any other liquid or solid waste material, except by the municipality or its agent.

Public warehouses.

Trucking terminals.

Bowling alleys and similar amusement buildings.

Gasoline stations and motor vehicle repair or maintenance establishments.

Warehouse/logistics uses having characteristics that exceed any of the criteria for medium warehouse/logistics uses in the definition of "warehouse/logistics use" in § 166-4.

Refuse separation and recycling stations.

Refuse transfer stations.

Resource recovery plants.

In addition to the above uses, none of the following additional uses shall be permitted in any part of an I-P2 Zone that falls within an area defined as an airport hazard area in the Air Safety and Hazardous Zoning Act.

Schools.

Bulk flammable or bulk compressed gas storage.

Single uses that would attract crowds in excess of 500 persons.

Uses that may attract massing birds, including landfills.

Above-grade major utility transmission lines/mains.

State-licensed hospitals and nursing homes.

No land or building shall be used or occupied for a use which will in any manner create any dangerous, injurious, noxious or otherwise objectionable fire, explosive, radioactive or other hazard; noise or vibration; smoke, dust, odor or other form of air pollution, heat, cold, dampness or movement of air; electrical or other disturbance; glare, or liquid or solid waste in any manner or amount unless it conforms with the performance standards of § 166-197 or any use which shall be detrimental to the health, safety, morals or general welfare of the Township of Hanover.

§ 166-207.12 Required conditions.

The following requirements shall be complied with in the I-P2 Zone District:

Minimum lot width: 350 feet, measured at the minimum front yard setback line.

Maximum floor area ratio: 25% of the lot area.

[Amended 7-26-2012 by Ord. No. 16-12]

Maximum improvement coverage: 65% of the lot area.

[Amended 7-26-2012 by Ord. No. 16-12]

Maximum building height: 45 feet, exclusive of roof structures and equipment, including but not limited to roof tanks and supports, chimneys, head houses or similar enclosures for elevators or air-conditioning machinery or other apparatus, which shall not exceed 10 feet in height, and the area of which, including enclosures for the same but excluding parapets of the same material as the building facade, shall not exceed 5% of the area of the roof.

Minimum yard setbacks. The following minimum yard setbacks shall apply to principal buildings except when the buffer requirements impose more stringent setbacks:

Minimum front yard: 100 feet.

[Amended 6-14-2018 by Ord. No. 15-2018]

Minimum both side yards combined: 40% of the lot width at the minimum front yard setback line.

Minimum rear yard: 75 feet or 100 feet when adjacent to a residential zone district, whichever is greater.

Parking and loading. The requirements for parking and loading shall be the same as for development in the I-P District.

Minimum buffer requirements. The requirements for buffers shall be the same as for development in the I-P District.

Every building shall be faced on all exterior walls with a veneer material as approved by the Planning Board or Board of Adjustment, as applicable.

The performance standards of § 166-197 shall be complied with.

No storage of any kind shall be permitted other than within a building.

Any portion of the I-P2 District located within an airport hazard area shall comply with the provisions and limitations of the Air Safety and Hazardous Zoning Act of 1983, N.J.A.C. 16:62 et seq., as amended May 15, 1989, and as may be further amended.

In addition to the requirements of this section, all of the provisions applicable to development in the I-P District shall also apply in the I-P2 District. In case of conflict between the I-P District requirements and the requirements set forth in this article, the requirements in this article shall supersede the I-P District requirements.

Intensity of development bonus for affordable housing. For any property in the I-P2 Zone that is subdivided for affordable housing development located within and permitted by the AH-2 Overlay Zone District regulations, the following requirements shall apply to the remaining portion of the property that is not developed for affordable housing; provided that such provisions shall apply only at such time that the Township acquires the portion to be subdivided through eminent domain:

[Added 4-14-2022 by Ord. No. 11-2022]

The maximum permitted floor area and improvement coverage on the remaining portion shall be the same as was permitted prior to such subdivision, based upon the area of the property prior to such subdivision.

The requirement for a planted buffer pursuant to § 166-125 shall not apply to the portion of the I-P2 Zone adjacent to the AH-2 Overlay Zone District; provided, however, that all setback requirements from a residential zone district shall continue to apply.

All other requirements applicable to development in the I-P2 Zone District shall continue to apply to the remaining portion.

§ 166-207.13 Permitted uses and structures.

The following uses shall be permitted in the I-R Zone District:

Industrial uses, as defined in § 166-4, and research laboratories, both of which shall comply with the performance standards in § 166-197 of this chapter.

[Amended 5-9-2024 by Ord. No. 10-2024]

Administrative, business and professional offices.

Indoor physical fitness facilities, as defined by § 166-4A.

Sports training facilities. For purposes of administering this subsection, "sports training facilities" shall be defined as facilities designed and used primarily for training in outdoor team sports programs, consisting of athletic fields and related indoor facilities, such as but not limited to gymnasiums, equipment and training rooms, offices, etc., that are ancillary to such training facilities.

Child-care centers as defined by § 166-4A.

Institutional uses as defined by § 166-4A and as permitted in the industrial zones by § 166-138.4.

Conditional uses permitted in the I — Industrial District as regulated and set forth in Article XXI.

Uses and structures accessory to and customarily incidental to permitted principal uses and permitted conditional uses.

Veterinary services, pet care services and pet boarding services, including as an accessory use outdoor training or exercising areas, and subject to compliance with the requirements of Chapter 117.

[Added 12-13-2018 by Ord. No. 35-18]

Small, medium, and large warehouse/logistics uses as defined by § 166-4.

[Amended 5-9-2024 by Ord. No. 10-2024]

§ 166-207.14 Prohibited uses.

[Amended 5-9-2024 by Ord. No. 10-2024]

Any use other than those uses permitted in § 166-207.13 above is prohibited. In addition, the following uses shall be specifically prohibited:

Residential construction or use.

Retail or wholesale sales and services, unless specifically permitted or accessory to a permitted principal use.

Public or commercial incineration.

Junkyards.

Dumps, lagoons or pits for the disposal or storage of garbage, trash or any other liquid or solid waste materials, except by the municipality or its agent.

Sand, clay or gravel pits, quarries or any commercial processing of earth or mineral extraction.

Tar plants and concrete or bituminous concrete processing plants.

Warehouse/logistics uses having characteristics that exceed any of the criteria for large warehouse/logistics uses in the definition of "warehouse/logistics use" in § 166-4.

Refuse separation and recycling stations and refuse transfer stations.

Resource recovery plants.

The following additional uses in any part of an I-R Zone that falls within an area defined as an airport hazard area in the Air Safety and Hazardous Zoning Act, Chapter 260 of the Laws of 1983:

Schools.

Bulk flammable or bulk compressed gas storage.

Single uses that would attract crowds in excess of 500 persons.

Uses that may attract massing birds, including landfills.

Above-grade major utility transmission lines/mains.

§ 166-207.15 Required conditions.

The following requirements shall be complied with in the I-R Zone District:

Minimum lot area:

All uses other than sports training facilities: 60,000 square feet.

Sports training facilities: 15 acres of net developable area of the lot, after excluding wetland and wetland transition areas within which development is prohibited pursuant to regulations of the New Jersey Department of Environmental Protection.

Minimum lot width: 200 feet, measured at the required minimum front yard setback line. In addition, the average width shall be at least 200 feet, calculated so that at least 60,000 square feet of lot area are provided within 300 feet of the front lot line.

Maximum floor area ratio:

All uses other than sports training facilities: 25% of the lot area.

Sports training facilities: 10% of the lot area for all principal and accessory buildings and roofed accessory structures, including covered athletic fields.

Maximum improvement coverage:

All uses other than sports training facilities: 65% of the lot area.

Sports training facilities: 15% of the lot area. Athletic fields, whether of natural or artificial turf, and other areas not covered by pavement or buildings shall be excluded from coverage calculations.

Maximum building height:

Principal buildings, including covered athletic fields: 75 feet, exclusive of roof structures and equipment, including but not limited to roof tanks and supports, chimneys, head houses or similar enclosures for elevators or air-conditioning machinery, dish antennas or other apparatus, which shall not exceed 10 feet in height, and the area of which, including enclosures for the same but excluding parapets of the same material as the building facade, shall not exceed 5% of the area of the roof.

Accessory buildings: 25 feet.

Minimum yard setbacks. The following minimum yard setbacks shall apply to principal buildings, including covered athletic fields, provided that roof overhangs shall be exempt from setback requirements:

Minimum front yard: 75 feet.

[Amended 6-14-2018 by Ord. No. 15-2018]

Minimum rear yard: 60 feet.

Parking and loading.

Setbacks:

Front yard: minimum 50 feet from front lot lines and 15 feet from side lot lines.

Side yard: minimum 15 feet from side lot lines.

Rear yard: minimum 10 feet from side and rear lot lines.

Minimum number of parking and loading spaces:

All uses other than sports training facilities: as required for such uses in the I Zone District by this chapter.

Sports training facilities: one parking space for each 250 square feet of gross floor area of principal buildings. Parking requirements for athletic fields shall be determined by the reviewing board at the time of site plan approval on a case-by-case basis, and shall consider whether or not: 1) all athletic fields and principal buildings will be in use at the same time, 2) the time of peak demand for athletic fields and principal buildings will be different, 3) some or all individuals would normally be expected to use both principal buildings and athletic fields during the same site visit, 4) site users will use mass transportation, and 5) other factors in determining parking demand. For purposes of administering this provision only, a covered athletic field shall be considered an athletic field and not a principal building.

All other requirements for parking and loading, except as superseded by this article, shall be the same as for development in the I — Industrial District.

Buffer requirements. Landscape plantings shall be provided between the front lot line and the nearest parking area and building, which plantings shall include street trees and shrubs designed to provide an attractive streetscape and to screen the view of headlights in the parking area as viewed from the street.

Number of principal buildings and distance between principal buildings. Each lot may contain more than one principal building. Principal buildings, including covered athletic fields, shall be separated by a distance not less than twice the height of the taller building. If the building varies in height, the separation requirement shall apply independently to each portion of the building, based upon the height of such portion.

[Amended 6-14-2018 by Ord. No. 15-2018]

Signs.

All uses other than sports training facilities: as regulated for the I Zone District.

Sports training facilities. The following signs shall be permitted, as regulated below:

One principal freestanding sign, identifying the principal use, limited to an area no greater than 18 square feet and a height above the ground no greater than eight feet.

One secondary freestanding sign at each driveway entrance, identifying the nature of the use or activity served by such driveway, and limited to an area no greater than 12 square feet, and a height above the ground of no more than four feet.

One principal wall-mounted sign on each principal building, other than covered athletic fields, limited to an area no greater than 105 square feet.

On covered athletic fields, up to two sign panels but not more than one per wall, identifying the principal use and a corporate sponsor, limited to an area not greater than 1,200 square feet for each sign panel.

On covered athletic fields, up to two signs per wall, but not more than eight such signs, used to display schedules, upcoming events, programs, pictures and other information.

All of the foregoing signs may include the logo of the primary use.

In all other respects, except as indicated otherwise by this chapter, signs shall comply with the regulations applicable to signs in the I Zone District.

Additional requirements for sports training facilities:

Athletic field location. Covered athletic fields shall comply with the setbacks for principal buildings. Setbacks for uncovered athletic fields shall be measured to the fence enclosure(s) for such fields or, if no enclosure is provided, to a point 10 feet beyond the limits of play (out-of-bounds limits), as set forth below:

Minimum setback from front lot line: 50 feet, measured from any enclosure fencing.

Minimum setback from side and rear lot lines: no setback required, provided that the reviewing board, at the time of site plan review, may require enclosures or other features to avoid undue negative impacts to adjacent properties related to use of the field(s).

Lighting.

The height of fixtures for athletic fields shall not exceed 80 feet above the ground.

The illumination of athletic fields shall be permitted to exceed 0.5 footcandles at the property lines. The reviewing board, at the time of site plan review, shall require that the lighting of athletic fields be limited to only those hours of darkness when the field is in use and shall require shielding and/or other measures to avoid undue impacts to area properties.

Spectators. Viewing by paying spectators shall not be permitted.

Fencing. Fence enclosures of athletic fields shall not exceed a height of 20 feet. Safety nets to prevent balls, etc., from leaving the field of play shall be exempt from this requirement. Enclosures shall be of chain link or similar construction so as to be open for the passage of light and air over a height of six feet above the ground. No setback for such fencing shall be required.

In addition to the requirements of this section, all of the provisions applicable to development in the I District shall also apply in the I-R District. In case of conflict between the requirements that apply in the I District and the requirements set forth in this article, the requirements in this article shall supersede the requirements that apply in the I District.

§ 166-207.16 District regulations.

Purpose and intent. The intent of the I-7 Industrial Overlay District is to recognize the presence of two industrial properties on Troy Hills Road, adjacent to the M&E railroad line. These uses have existed for many years and are not expected to cease operations for the foreseeable future. The overlay zone is intended to promote upgraded conditions from those which now exist and establish standards that would provide guidance to the Planning Board or Board of Adjustment in reviewing any development applications for these properties. At such time, if any, that the existing buildings are demolished and the properties are redeveloped, it is intended that the underlying zoning district standard would apply.

Permitted principal uses and structures.

The permitted principal uses in the I-7 Overlay Zone District shall be limited to those existing, and to the locations where such uses exist, at the time of the adoption of this article creating the I-7 District, which include an asphalt emulsion manufacturing facility on Lot 2 in Block 7101, and a contractor for earthwork and installation of utility and drainage structures, and construction dumpster service on Lot 1 in Block 7401, both as designated on the official Township tax maps.

Minor changes to these existing uses shall be permitted, including additions to or changes to existing buildings or construction of new accessory buildings, subject to applicable standards; provided, however, that any such changes of the existing uses shall only be permitted if there results no intensification of the existing use of the property as of the date of adoption of this article creating the district. For purposes of administering this requirement, an intensification of use shall be construed to mean any change in site activity which would have a significant negative impact upon residential properties in the vicinity, including but not limited to increased vehicular traffic, outdoor storage, an increase in nighttime operations, increased noise, odors and other emissions, etc.

Accessory uses. Permitted accessory uses shall be limited to uses which are naturally and normally incidental to and subordinate to the permitted principal use or uses on the premises, including but not limited to parking and loading areas, signs and other outdoor use functions.

Prohibited uses and use limitations. Any use other than the uses specifically permitted above, permitted by other provision of this chapter or permitted by other applicable law shall be prohibited.

Lot, bulk and intensity of use regulations. Development in the I-7 Overlay Zone District shall be subject to the following lot, bulk and intensity of use regulations; in cases where the existing development is legally nonconforming with the following requirements, the Board shall seek, insofar as reasonable and practicable, to achieve greater compliance as part of the review of any site plan application:

Minimum lot area: 50,000 square feet.

Maximum floor area ratio: 22% of the lot area.

Maximum building height: one story and 25 feet, whichever is more restrictive.

Maximum coverage by buildings and other roofed structures: 25% of the lot area.

Maximum coverage by improvements: 80% of the lot area.

Minimum front yard depth: 50 feet.

Minimum side yard depth: 30 feet.

Minimum rear yard depth: 30 feet.

Minimum building setback from residential property line: 30 feet.

Maximum number of principal buildings: unlimited.

Other requirements.

Site access, circulation, parking and loading. Site access, circulation, parking and loading shall comply with the requirements of Article XXIII, as well as all other applicable requirements of this chapter; provided, however, that the minimum pavement setbacks for internal site driveways, access aisles, parking and loading areas, as well as other paved areas, shall be as follows:

Minimum setback from public street right-of-way: 10 feet.

Minimum setback from other property lines, except residential property lines: five feet.

Minimum setback from residential property lines: 20 feet.

Buffers. A planted buffer shall be provided between any nonresidential development and adjacent residential properties, as follows:

The minimum depth of the buffer planting shall be 15 feet.

The standards for planting and screening within the buffer shall be as required by § 166-125.

Roof structures shall not exceed five feet in height. Roof structures shall be located and screened in accordance with § 166-133. The total area of all rooftop heating, ventilation and air conditioning equipment that exceeds the maximum permitted building height shall not exceed 5% of the roof area upon which it is located.

Performance standards. The requirements of § 166-197 shall apply to development in the I-7 Zone District.

Miscellaneous. All development in the I-7 Zone District Shall comply with the standards applicable to development in the I- Industrial Zone District, as well as all other applicable requirements of this chapter; provided that in the case of conflict between such regulations and the provisions of this article, the provisions of this article shall apply.

§ 166-208 Primary intended use.

This A Airport Zone District is designed for the operation of an airport for general aviation, other than commercial air carriers, as regulated by the Federal Aviation Agency and the applicable agencies of the State of New Jersey, and accessory uses customarily incident thereto. Permitted uses, including primary and accessory uses, shall be limited to:

A landing strip.

A control tower.

Hangars.

Offices for airport personnel.

Equipment for the supply of fuel to aircraft.

Facilities for the repair, maintenance and testing of aircraft permanently based at the airport.

For the purpose of this chapter, the term "permanently based aircraft" shall mean aircraft registered with the Commissioner of Transportation of the State of New Jersey pursuant to N.J.A.C. 16:56-1.1 for which the application for registration filed with the Division of Aeronautics, Department of Transportation, shall disclose that the aircraft is based at the airport located within this zone district, and said aircraft shall have been based at the airport for 90 consecutive calendar days.

§ 166-209 Prohibited uses.

All uses are prohibited other than those uses which have been specifically permitted in § 166-208 of this article. Nothing contained herein shall be construed to permit banks, service stations, hotels, motels, office buildings, restaurants, terminal facilities for commercial air carriers and the repair, maintenance and testing of aircraft, other than on an emergency basis, of airplanes which are not permanently based, as defined in § 166-208B above, within this zone district.

§ 166-210 Required conditions.

[Amended 5-24-1990 by Ord. No. 16-90]

All height, yard and area requirements of this zone shall be regulated by the requirements of the Federal Aviation Agency and all requirements shall comply with the Air Safety and Zoning Act of 1983,[1] N.J.A.C. 16:62 et seq., as amended May 15, 1989. Said chapter N.J.A.C. 16:62 is attached herewith as Appendix A and made an integral part of the Township of Hanover Land Use Ordinance.[2]

Editor's Note: See N.J.S.A. 6:1-81 et seq.

Editor's Note: Appendix A is included at the end of this volume. If it is not, it may be obtained in the office of the Clerk/Administrator.

§ 166-211 Amusement devices.

Amusement devices shall be permitted in the A Airport District as an accessory use only to those uses as permitted, and amusement devices shall be regulated in accordance with the provisions of § 166-181.

§ 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:

Offices of municipal, county and federal government.

Governmental public order and safety establishments, including but not limited to police, fire and first-aid establishments.

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.

Facilities of the United States Postal Service.

Utility facilities of the Hanover Sewerage Authority, Southeast Morris County Municipal Utilities Authority, Town of Morristown and other public utility facilities.

Parks, arboreta, athletic fields and open space facilities.

Institutional uses as defined by § 166-4A and as permitted by § 166-138.4.

State-licensed nursing homes and independent/assisted living facilities as defined by § 166-4A.

Child-care centers.

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:

Bus or autobus, trolley railroad, street railway, traction railway, charterbus or special bus terminal, parking facility, storage or maintenance facility.

Electric substation.

Natural gas transmission pumping facility or pressure reduction facility.

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.

A hazardous waste site or any facility relating to the storage, transfer processing or disposal of hazardous waste.

Correctional institutions and similar uses.

Cellular telecommunications antennas, except when mounted on an existing structure and complying with § 166-138.5.

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:

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:

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.

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.

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.

Maximum improvement coverage: 65% of the lot area.

Maximum height of principal building.

Buildings located within 200 feet of property located within a residential zone district: 40 feet.

All other buildings: 60 feet.

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.

Minimum depth of front yard.

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.

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.

Minimum depth of side and rear yards.

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.

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.

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.

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.

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.

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.

For projects in which the low- and moderate-income units are to be offered for sale, the minimum set-aside percentage shall be 20%.

For projects in which the low- and moderate-income units are to be offered for rent, the minimum set-aside percentage shall be 15%.

Where the set-aside percentage results in a fraction, the total set- aside requirement shall be rounded upwards to the next whole number.

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.

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.

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:

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.

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.

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.

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.

Parking. In addition to all other applicable provisions of this chapter, the following requirements for parking shall apply:

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.

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.

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.

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.

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:

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.

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.

The development shall advance the purposes of this chapter and the Municipal Land Use Law[1] as applicable.

Editor's Note: See N.J.S.A. 40:55D-1 et seq.

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.

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.

The design of drainage improvements shall be designed to safely accommodate anticipated stormwater flows and to protect against flooding and flood damage.

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.

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.

Editor's Note: See N.J.S.A. 40:55D-66.18 et seq.

Editor's Note: Former § 166-112, Mixed uses, was repealed 2-26-2009 by Ord. No. 5-09.

Editor's Note: Former Subsection C(9), regarding the TC Town District, was repealed 7-11-2024 by Ord. No. 16-2024.

Editor’s Note: This ordinance also amended the title of this § 166-115 from "Multiple principal buildings on the same lot; multiple principal uses within the same building" to its current title.

Editor's Note: See also Ch. 162, Hazardous Substances, of the Code of the Township of Hanover.

Editor's Note: A copy of the standards is on file in the office of the Township Clerk.

Editor's Note: Former § 166-148, Signs in the PUD Zone District, was repealed 12-22-1993 by Ord. No. 36-93.

Editor’s Note: Former Subsection E, Hotels, was repealed 12-14-2017 by Ord. No. 26-2017.

Editor’s Note: Former Subsection F, Motels, was repealed 12-14-2017 by Ord. No. 26-2017.

Editor’s Note: Former Subsection J, regarding convenience stores, was repealed 12-14-2017 by Ord. No. 26-2017.

Editor's Note: See N.J.S.A. 40:55D-66.18 et seq.

Editor's Note: See Parts 4 and 5 of this chapter.

Editor’s Note: Former Subsections C, regarding nonresidential development, and D, regarding mixed-use development, as amended, were repealed 12-14-2017 by Ord. No. 26-2017.

Editor's Note: Former Subsection H, regarding aboveground storage or processing tanks, was repealed 7-11-2013 by Ord. No. 19-13. See § 166-124.1, Aboveground storage and processing tanks.

Editor's Note: See Ch. 105, Construction Codes, Uniform, and Ch. 137, Fire Prevention, of the Code of the Township of Hanover.

Editor's Note: Former Subsection K, regarding aboveground storage tanks, as amended, was repealed 7-11-2013 by Ord. No. 19-13. See § 166-124.1, Aboveground storage and processing tanks.

Editor's Note: Ordinance Nos. 14-89 and 27-89 were adopted to cure technical deficiencies in Ord. No. 33-88. However, the content of Ord. No. 33-88 has remained the same.

Editor's Note: Former Subsection H, regarding aboveground storage or processing tanks, was repealed 7-11-2013 by Ord. No. 19-13. See § 166-124.1, Aboveground storage and processing tanks.

Editor's Note: See Ch. 105, Construction Codes, Uniform, and Ch. 137, Fire Prevention, of the Code of the Township of Hanover.

Editor's Note: Former Subsection G, which listed public and quasi-public uses as permitted uses, was repealed 2-22-2007 by Ord. No. 5-07.

Editor's Note: See N.J.S.A. 6:1-81 et seq.