Parsippany Troy Hills
City Zoning Code
City Zoning Code
ARTICLE IV
General District Regulations
§ 430-9 Applicability.
A.
Application of district regulations. This chapter shall apply to the construction, nature and extent of uses of all buildings and structures and to the nature and extent of the uses of land. No building, structure or land or any part thereof shall be used or occupied and no building or structure shall be erected, constructed, reconstructed, moved, repaired, extended, converted, altered, maintained or used unless in conformity with all of the regulations of this chapter specified for the district in which it is located. All regulations set by this chapter within each of the districts shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, and particularly, except as hereinafter provided.
B.
Application to Township. Regardless of whether the Township or any duly constituted Township board, agency or department is acting in or pursuant to the performance of a governmental or proprietary function, any municipally owned, operated or controlled building, structure, facility or use, either existing or proposed, shall be permitted in any class of zone as set forth in this chapter, it being the intention of this subsection that whatever the Township may authorize to do shall constitute a function of government and that whenever the Township shall act, pursuant to granted authority, it acts as government and not as a private entrepreneur.
§ 430-10 Yards and courts.
A.
No yard or any other open space or off-street parking or loading space required about or in connection with any building or buildings on a lot for the purpose of complying with this chapter shall be included as part of a yard, open space or off-street parking or loading space similarly required for any other building.
B.
No existing yard or existing lot shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created hereafter shall meet at least the minimum requirements established by this chapter.
C.
Sheds permitted as an accessory use to a residential dwelling shall be located no closer than six feet to the side or rear lot line.
[Amended 3-14-2000 by Ord. No. 2000:7]
D.
Cornices and eaves may project not to exceed two feet over any required yard or court.
E.
Sills, leaders, belt courses and similar ornamental or structural features may project only six inches into any required yard or court. Any open fire balcony, a fire escape or a fire tower may project into a required yard not more than four feet.
F.
Ground story and bay windows or balconies may project not more than three feet into a required rear yard or into any required side yard which is over six feet wide. An open porch or entranceway not over one story high may project into any required side yard, provided that it does not come nearer the side lot line than a distance equivalent to 10% of the width of the lot and provided also that no such open porch or entranceway shall be required by this section to be more than 10 feet from a side lot line. An open porch or an entranceway not higher than the first story of a building may project into a required front yard a distance of not more than eight feet. A chimney, smokestack, flue or elevator shaft may project into any required yard or court, provided that the projection does not exceed three feet.
[Amended 11-27-2012 by Ord. No. 2012:39]
G.
The requirements of this section respecting yards and courts shall not apply to any necessary retaining wall or steps.
[Amended 3-14-2000 by Ord. No. 2000:7]
H.
No building or structure shall be located on a corner lot nearer to a street boundary line than the required front yard as set forth in the schedule in Article VI.[1]
[1]
Editor's Note: The Schedule of Area, Yard and Building Requirements is included at the end of this chapter.
I.
Wooden decks attached to a principal dwelling are permitted in all residential districts, provided that the deck does not encroach into the side or rear yard more than 50% of the minimum side or rear yard requirement for principal buildings permitted in the district, but in no event shall a deck be allowed to extend closer than either the minimum setback requirement for accessory structures in the district or six feet, whichever is greater. Wooden decks may cover no more than an additional four percent of the lot over and above what is otherwise permitted in the district. Wooden decks constructed in the R-4 District may extend to the permitted minimum side and rear yard for accessory structures.
[Added 3-14-2000 by Ord. No. 2000:7]
J.
Except as otherwise regulated in this chapter, wooden decks attached to the rear wall of a townhouse dwelling shall be permitted in any district where townhouse developments are permitted, subject to the following requirements:
[Added 4-10-2001 by Ord. No. 2001:14]
(1)
The deck shall not extend more than 12 feet in length from the rear wall of the townhouse unit.
(2)
The deck shall not extend along the entire width of the townhouse dwelling unit. There must be at least two feet from the side of the deck to the end of townhouse unit on each side.
(3)
The maximum size of the decks shall be limited by all relevant setback requirements and buffer standards governing the overall townhouse development, as well as any applicable state and Township regulations governing wetlands and other land constraint areas as defined and regulated pursuant to the Township's Land Use and Zoning Ordinances.
(4)
No decks shall be permitted higher than the first floor level above the basement of any townhouse unit.
(5)
Decks shall be designed and constructed in a manner that is compatible with the architectural design and theme of the townhouse development.
(6)
These requirements shall not apply to any townhouse development for which preliminary major subdivision approval, preliminary major site plan approval, final subdivision approval or final site plan approval was granted by a resolution of approval adopted by the Planning Board prior to the adoption of this provision and which approval specifically addressed the size or configuration of decks. In such cases, the requirements and conditions of the resolution of approval regarding decks shall apply.
K.
A wheelchair-accessible ramp and/or lift may extend into any front yard as necessary to meet the requirements of the Americans with Disabilities Act.[2] Such ramp shall not be considered as impervious coverage.
[Added 3-17-2020 by Ord. No. 2020:07]
[2]
Editor's Note: See 42 U.S.C. § 12101 et seq.
§ 430-11 Fences and walls.
[Added 3-14-2000 by Ord. No. 2000:7]
A.
Fences and walls in the side and rear yard shall be a maximum of six feet in height. Fences and walls in the front yard shall be a maximum of four feet in height.
B.
No closed-type fence or wall shall be erected in the front yard. A "closed-type fence or wall" is defined as a fence or wall with an open space between members of less than 50% of the width of vertical slats or members. Necessary retaining walls required for site grading up to a height of four feet shall be permitted within a front yard, subject to sight triangle considerations, and provided that there are at least three feet of planted space between each subsequent tiered retaining wall. Retaining walls shall be subject to all applicable construction codes and permits.
[Amended 9-18-2007 by Ord. No. 2007:29]
C.
Fences surrounding pools shall be a minimum of four feet in height and designed in accordance with appropriate state regulations.
D.
Fences and walls shall be constructed no less than six inches from the property line and shall have the finished side facing outward toward adjacent properties.
E.
No fence or wall on a corner lot shall be constructed within a required site triangle for the corresponding street intersection.
§ 430-12 Multiple uses.
[Added 3-14-2000 by Ord. No. 2000:7]
No more than one principal use shall be permitted on the same lot, provided that, in the B Zones, retail uses, restaurants, indoor theaters and other recreation uses, where permitted, shall be permitted on the same lot, and further provided that gasoline service stations may contain convenience goods sales areas as regulated pursuant to § 430-88B. This prohibition shall not prohibit mixed-use developments permitted as a conditional use within the R-1M, R-1M(r) and R-2M Districts, except that no more than one single-family detached dwelling shall be permitted on the same lot. This prohibition shall not prohibit more than one tenant within a commercial or office building, provided that each tenant is a permitted use within the district.
§ 430-13 Accessory buildings.
[Amended 9-19-2023 by Ord. No. 2023:14]
No accessory buildings permitted by this section shall be placed in any required yard except as specified hereinafter in this section.
A.
Side yards. In the case of exceptionally wide lots where side yards are provided of greater width than required by this section, accessory buildings may be erected in the side yards, provided that the side yard required as a minimum by this section for the particular zone involved shall be left open and unoccupied except as permitted in this section, and that no part of any accessory building shall be within six feet of the main building or another accessory building.
B.
Limitations.
(1)
No accessory building within any residential zone or business zone shall be more than 15 feet or 1 1/2 stories, whichever is the lesser, in height. No building permit for any accessory building shall be issued in any residential zone until a permit for a dwelling or other permitted principal structure has been issued and construction started.
(2)
No accessory building on a corner lot within any residential zone shall be located within the required front yard area.
(3)
On through lots (any lot running from one street to another), no accessory building erected in the rear yard shall be nearer the street line than the minimum distance specified for a front yard setback on that part of the street which the yard abuts.
(4)
Any accessory building attached to the main building shall be considered part of the main building.
(5)
In all residential districts accessory storage sheds excluding sheds for registered motor vehicles, may cover an additional 100 square feet over and above the maximum building coverage permitted in the district.
[Added 10-23-2007 by Ord. No. 2007:48]
C.
Corner yard setback exception.
[Added 5-14-2019 by Ord. No. 2019:17]
(1)
Accessory structures that are interconnected with the principal building located on the property, including, but not limited to, aboveground oil tanks, air-conditioning compressors, etc., shall be permitted within a front yard of a corner lot subject to the applicable accessory structure side yard setback for the respective zoning district. This exception does not include sheds, garages, or any accessory use or structure that are not directly interconnected with the principal building.
(2)
Such structures shall be limited to a twenty-square-foot area.
(3)
The location of said accessory structures shall not create any other bulk variance condition on the property.
§ 430-14 Lot frontage.
A.
On any lot running through from one street to another, the front of the lot shall, for the purposes of this section, be considered that frontage upon which the majority of the buildings in the same block front; but in case there has been no clearly defined building frontage established, the owner may, when applying for a building permit, specify which lot line shall be considered the front lot line for the purposes of this section.
B.
In the case of lots fronting on the turnaround of a cul-de-sac street or fronting upon any other curved street, lot frontage (as distinguished from lot width) may equal but shall be no less than 2/3 of the required lot width as set forth in Column 3 of the schedule in Article VI, and further provided that no lot shall have a frontage of less than 60 feet, exclusive of a lot in the B-5 Zone, which shall be 40 feet.
§ 430-15 Reductions of open space prohibited.
A.
No lot shall be so subdivided or reduced in area as to cause any open space required by this chapter to be less in any dimension than is required for the zone and lot in question.
B.
Where a lot is formed from part of another lot and occupied by a building, such division shall be effected in such manner as not to impair any of the requirements of this chapter with respect to the existing building or yards and open spaces in connection therewith. No permit shall be issued for the erection of a new building on a new lot thus created, unless it complies with all the provisions of this chapter.
§ 430-16 Off-street parking.
Off-street parking space shall be provided as specified in Article XXXVII or as otherwise may be required in this chapter.
§ 430-17 Access driveways.
Any access driveway to any use shall be deemed to be accessory to such use. No driveway that is accessory to a business or industrial use shall be established in any residential zone.
§ 430-18 Ingress and egress.
No ingress or egress over private roads, private driveways or local streets as defined by the adopted Master Plan of 1976 through districts zoned for residential uses shall be permitted to or from nonresidential properties.
§ 430-19 Building height.
A.
All measurements of building height, as regulated by this chapter, shall be determined in accordance with the definition of building height as provided in § 430-8.
[Amended 9-9-1988 by Ord. No. 88:46; 5-14-2019 by Ord. No. 2019:16]
B.
Height limits in this chapter shall not apply to transmission or aerial towers, masts, flagpoles or chimneys, provided that the horizontal area of such parts does not exceed 1.0% of the ground area covered by the main building, nor shall the limits apply to parapet walls not over four feet high, for buildings located in nonresidential zones, and further provided that height limits shall not apply to roof-mounted heating, air-conditioning or other mechanical equipment, except that such equipment, when visible when standing at ground level from a residential zone, shall be screened by a wall, cover or by other means and that such screening shall be in keeping with the architectural motif of the building.
C.
Within all commercial districts, bell and clock towers may be 15 feet higher than the maximum permitted principal building height.
[Added 3-14-2000 by Ord. No. 2000:7]
D.
Church steeples or similar features on houses of worship may be 15 feet higher than the maximum permitted principal building height.
[Added 3-14-2000 by Ord. No. 2000:7]
§ 430-20 Lowest floor level.
The lowest floor level in a cellar, basement, crawl space or other structure in any building or structure shall not be less than an elevation of 176 feet, unless otherwise specified by the New Jersey Department of Environmental Protection.
§ 430-21 Delineation of flood hazard areas. [1]
The standards for control and regulation of land within said areas as promulgated by the New Jersey Department of Environmental Protection are hereby incorporated in this chapter.
[1]
Editor's Note: See Ch. 175, Flood Hazard Protection.
§ 430-22 Site plan required.
Except as hereinafter provided, no building permit shall be issued for a building or use or enlargement of any building or use unless a site plan is first submitted and approved in accordance with Chapter 225, Land Use, Subdivisions and Site Plans, and no certificate of occupancy shall be given unless all construction conforms to the approved plan, except that site approval shall not be required for single-family dwellings or for permitted accessory uses incidental to single-family dwellings; but that shall not limit the requirements for submission of subdivision plans for subdivision approval as otherwise provided in Chapter 225, Land Use, Subdivisions and Site Plans.
§ 430-23 Compliance with performance standards required.
All uses and activities shall comply with performance standards as set forth in Article XXXV.
§ 430-24 Conditional uses.
Notwithstanding compliance with specific conditional use standards hereinafter set forth, no conditional use will be permitted if the use at the proposed location would be detrimental to the health, safety and general welfare of the community.
§ 430-25 Parking or storage of commercial vehicles in residential zones.
[Added 12-12-1978 by Ord. No. 78:28]
A.
No commercial vehicle of a rated capacity exceeding 3/4 ton shall be stored or parked outdoors on a residential lot in a residential zone for a period of time greater than is required to complete a business transaction.
B.
One commercial vehicle of a rated capacity not exceeding 3/4 ton may be parked or stored on a residential lot in a residential zone if owned or used by a resident of the premises.
C.
The outdoor storage of trailers, recreation vehicles and boats is prohibited in the front yard in all residential districts.
[Added 3-14-2000 by Ord. No. 2000:7]
§ 430-26 Pipelines. [1]
[Added 6-16-2015 by Ord. No. 2015:10; amended 3-15-2016 by Ord. No. 2016:05]
A.
Definitions. As used in this section, the following terms shall have the meanings indicated:
ESSENTIAL PUBLIC FACILITIES
Those public facilities which are required in order to provide basic health and safety services to residents and visitors of the Township, including, without limitation, water sanitation plants, water treatment plants, sewer treatment plants, water storage facilities, telecommunication towers, police stations, fire stations, jails, courthouses, public health facilities, and emergency operations centers.
HAZARDOUS SUBSTANCE
Any substance designated under 40 CFR 116 pursuant to Section 311 of the Federal Water Pollution Control Act Amendments of 1972 (Clean Water Act, Public Law 92-500; 33 U.S.C. § 1251 et seq.), the Spill Compensation and Control Act, N.J.S.A. 58:10-23.11 et seq., or Section 4 of the New Jersey Water Pollution Control Act (N.J.S.A. 58:10A-4). Substances listed include petroleum, petroleum products, pesticides, solvents and other substances.
HAZARDOUS SUBSTANCE TRANSMISSION PIPELINE CORRIDOR or TRANSMISSION PIPELINE CORRIDOR
The pipeline pathway defined by rights-of-way and easements in which the pipelines and facilities of a hazardous substance transmission pipeline are located, or proposed to be located, including rights-of-way and easements over and through public or private property.
HAZARDOUS SUBSTANCE TRANSMISSION PIPELINE or TRANSMISSION PIPELINE
A pipeline, whether above or below ground, which transports or is designed to transport a hazardous substance. As used herein, a transmission pipeline includes all parts of those physical facilities through which a hazardous substance moves in transportation, including pipes, valves, and other appurtenances attached to pipes, compressor units, pumping stations, metering stations, regulator stations, delivery stations, emergency response terminals, holders, breakout tanks, fabricated assemblies, and other surface pipeline appurtenances.
HIGH-CONSEQUENCE LAND USE
A land use that, if located in the vicinity of a hazardous materials transmission pipeline, represents an unusually high risk to life in the event of a transmission pipeline failure due to the characteristics of the inhabitants or functions of the use. High-consequence land uses include:
(1)
Child care;
(2)
Houses of worship, including churches and other religious institutions;
(3)
Hospitals;
(4)
High-rise buildings, including hotels, dormitories, apartment complexes, and office buildings, which may not lend themselves to a timely evactuation;
(5)
Open space uses, including Green Acres and Township-owned lands designated as open space preservation areas, farmland preservation areas, historic preservation areas, Blue Acres preservation areas, active recreation areas, and passive recreation areas;
(6)
National-Park Service designated National Natural Landmarks;
(7)
New Jersey Department of Environmental Protection (NJDEP) designated New Jersey Natural Areas and Natural Heritage Priority Sites;
(8)
Residential care facilities;
(9)
Institutional uses, including public and private schools, day-care facilities, and public or quasi-public buildings; and
(10)
Essential public facilities.
TRANSMISSION PIPELINE OPERATOR
The company or person responsible for the operation, maintenance and management of the transmission pipeline.
WETLAND
An area delineated and approved as a wetland by the New Jersey Department of Environmental Protection ("DEP") or other governmental authority.
B.
Applicability. The provisions in this section that apply to transmission pipelines apply to all proposed pipelines. To the extent any regulations within this section conflict with state or federal regulations or laws regulating hazardous substance transmission pipelines, those state or federal regulations and laws shall take precedence over these regulations. The Township hereby adopts by reference the definitions set forth in the Hazardous Liquid Pipeline Safety Act of 1979, as amended, and recodified in 49 U.S.C. § 601 and 49 CFR 190 to 199.
C.
Pipelines uses. Pipelines not distributing services to end users within the Township which are not otherwise regulated by the New Jersey Board of Public Utilities are prohibited in all residential zones and districts within the Township and shall constitute conditional uses in all other zones and districts within the Township.
D.
Requirements and standards for development and construction of new hazardous substance transmission pipelines. The following requirements and standards shall apply for the development and construction of new hazardous substance transmission pipelines:
(1)
Approvals required; application. A resolution of approval by the Township Planning Board shall be required prior to the commencement of any work to install a transmission pipeline within the Township. An original application for a pipeline approval and permit shall be submitted to the Township Planning Board Secretary and a copy submitted to the Township Engineer. Each application shall be accompanied by three sets of plans showing dimensions and locations of the pipelines, related items or facilities within the subject right-of-way and roadway improvements. Also required for submittal are:
(a)
Detailed cross-section drawings for all public street right-of-way easements, wetland and waterway crossings;
(b)
A flow diagram showing daily design capacity of the proposed transmission pipeline;
(c)
Changes in flow in the transmission pipeline; and
(d)
The proposed maximum operating pressure, expressed in pounds per square inch gauge (psig) at all points of change in elevation greater than 500 feet, or every 500 feet in length as a minimum.
(2)
Hazardous substance transmission pipeline corridor. Any easements or rights-of-way obtained by the pipeline owner or operator shall be recorded in the office of the County Clerk for all new hazardous substance transmission pipelines.
(3)
Setbacks. In order to mitigate the aesthetic and environmental impacts of hazardous substance transmission pipelines, while minimizing potential damage or interruption to essential public facilities caused by transmission pipelines, the following setbacks shall be observed:
(a)
Except as set forth in this section or unless approved by the Township Engineer as part of the approval and permit process, where adequate mitigation measures have been demonstrated by the applicant to the satisfaction of the Township Engineer, hazardous substance transmission pipeline corridors shall not be located within the vicinity of a wellhead protection area ("WHPA"), as is defined in Article XLIII of this chapter, and shall not be located closer than 2,500 feet in a Tier 1 WHPA, 1,000 feet in a Tier 2 WHPA, and 500 feet in a Tier 3 WHPA. However, conditions such as slope and terrain may require additional mitigation as identified in the permit and approvals process.
(b)
Except as otherwise set forth in this section, hazardous substance transmission pipelines shall not be located closer than 100 feet from:
[1]
Any wetland;
[2]
Any year-round naturally occurring creek, stream, river, private or public well, or pond, unless approved by the Township Engineer as part of the permit and approvals process where adequate mitigation measures have been demonstrated by the applicant; or
[3]
Any property in a business district or where a business is located.
(c)
A hazardous substance transmission pipeline, facility or appurtenance shall not be located closer than:
[1]
One thousand feet from any high-consequence land use lot or essential public facility structure;
[2]
One hundred fifty feet from any residential property, zone or district on level grade; or
[3]
Two hundred fifty feet from any residential property, zone or district where the residential property, zone or district is located downhill from the transmission pipeline, facility or appurtenance at a grade equal to or greater than 5%, except that no transmission pipeline shall be located on slopes of a grade equal to or greater than 15%.
(d)
An emergency response terminal shall not be located closer than:
[1]
Two thousand five hundred feet from any high-consequence land use lot or essential public facility structure; or
[2]
Two thousand five hundred feet from any residential property, zone or district on level grade.
(4)
Submittal of information. Preliminary as-built information, including, without limitation, as-built drawings or additional information as may be requested by the Township Engineer about the transmission pipeline, including a copy of GIS shapefiles of the pipelines and all appurtenances within the Township, will be filed within 90 days before the pipeline is commissioned with the Township Engineer. Updated as-built information, including, without limitation, as-built drawings or additional information as may be requested by the Township Engineer about the transmission pipeline, including a copy of GIS shapefiles of the pipelines and all appurtenances within the Township, will be filed within 60 days after the pipeline is commissioned with the Township Engineer.
(5)
Hazardous substance transmission pipeline construction. The transmission pipeline owner, operator and/or contractor shall give documented notice 48 hours prior to the commencement of pipeline construction to the affected residents, businesses (including agricultural businesses) and to the Township Police Department. Private property owners and business owners shall have access to their property at all times during construction.
E.
Hazardous substance transmission pipeline failure and remediation. In the event that a leak or failure has occurred with the transmission pipeline, the transmission pipeline operator shall notify the Township Engineer, Township Police Department, and all property owners within 1,000 feet of the affected pipeline area within four hours of discovery. Transmission pipeline operators shall, after being notified of an emergency, cooperate with Township officials and make every effort to respond as soon as possible to protect the public's health, safety, and welfare. All leak or spill remediation plans shall be made in consultation with the Township, and no remediation may be deemed complete without final approval thereof by the Township. In the event that a transmission pipeline is shut down due to a leak or failure, the transmission pipeline operator shall not restart the transmission pipeline without the written approval of the Township Engineer.
F.
Hazardous substance transmission pipeline repair and maintenance. Following any repair of a transmission pipeline, any areas disturbed by such repair shall be revegetated in accordance with the applicable provisions of the Township Code.
G.
Hazardous substance transmission pipeline marking. Markers shall be installed and maintained to identify the location of transmission pipelines in accordance with all federal and state pipeline marking requirements.
H.
Emergency preparedness plan. Prior to commissioning a transmission pipeline, the pipeline operator shall meet with the Township Police Department and submit a copy of an emergency preparedness plan for any and all emergencies that may result in an accidental leak or failure incident regarding the pipeline or any supplemental equipment. The essential requirements stated in 49 CFR 195.402 and 195.403 shall be covered by the emergency preparedness plan. No transmission pipeline shall be commissioned, nor shall any hazardous substance be introduced into the pipeline prior to the pipeline operator receiving written approval of its emergency preparedness plan by the Chief of Police or his designee. Transmission pipeline operators shall designate a responsible local emergency response official and a direct twenty-four-hour emergency phone number.
I.
Insurance required. No transmission pipeline owner or operator shall commission any transmission pipeline or introduce any hazardous substance into a transmission pipeline without first securing insurance policies covering general liability, environmental incidents and contamination, and property damage in an aggregate amount to be determined by the Township and based upon reasonable estimates of potential liability and property damage that would result from a leak, spill or other failure of a transmission pipeline. Prior to commissioning any transmission pipeline and every year in which the transmission pipeline is in operation thereafter, the pipeline owner or operator shall submit proof its insurance coverage to the Township, and the Township shall be named as an additional insured on all required policies.
J.
Indemnification and hold harmless. Prior to commissioning a transmission pipeline, the pipeline operator shall agree in writing to indemnify and hold harmless the Township, as well as its officers, officials, supervisors, employees, agents, contractors, and assigns, from any and all liability relating to or arising from the transmission pipeline, including, but not limited to, any failure, leak, spill, contamination, cleanup, remediation, property damage, and personal injury. The indemnification and hold-harmless agreement shall include a provision for the payment of the Township's reasonable attorney's fees and litigation costs.
[1]
Editor's Note: Former § 430-26, Seasonal retail sales of merchandise, was repealed 9-9-2003 by Ord. No. 03:27. See now Ch. 320, Special Sales, Art. II.
§ 430-27 Child-care centers. [1]
[Added 7-10-1990 by Ord. No. 90:49]
Child-care centers, as defined in § 430-8A, shall be a permitted use in all nonresidential zoning districts in the Township in accordance with the provisions of P.L. 1989, Chapter 286 (N.J.S.A. 40:55D-66.6).
[1]
Editor's Note: Original § 19-25, Hazardous use of buildings and land, added 3-9-1982 by Ord. No. 11:82, was repealed 10-26-1982 by Ord. No. 71:82.
§ 430-28 Community residences for the developmentally disabled; shelters for victims of domestic violence.
[Added 7-14-1981 by Ord. No. 81:28; amended 9-19-2023 by Ord. No. 2023:13]
Community residences for the developmentally disabled and shelters for the victims of domestic violence, pursuant to N.J.S.A. 40:55D-66.1 and 40:55D-66.2, for up to 15 persons, excluding staff, shall be permitted in any residential zone in the Township, subject to bulk requirements in the zone where located.
§ 430-29 Outdoor commercial display and sale.
[Added 2-9-1999 by Ord. No. 99:2]
A.
Purpose. The Township Council of the Township of Parsippany-Troy Hills has determined that business owners and consumers will benefit from what are commonly known as "sidewalk sales" and that the proper regulation of such sales is required.
B.
Definitions. As used in this section, the following terms shall have the meanings indicated:
SIDEWALK
That area of the public right-of-way reserved for pedestrian traffic from the curb to the front line of the building containing a retail establishment.
SIDEWALK SALES
Refer to periodic events to take place before and after designated holidays during which merchants are allowed to display merchandise for sale on the sidewalk.
C.
Designated holidays. Sidewalk sales may be held from the Saturday before through the Saturday after the following holidays:
(1)
President's Day.
(2)
Memorial Day.
(3)
Independence Day.
(4)
Labor Day.
(5)
Thanksgiving.
D.
Location. Sidewalk sales may be held only in designated business zones or in front of structures approved by variance for retail use.
E.
Limitations and regulations.
(1)
The merchandise to be sold must be directly related to the retail establishment.
(2)
The display area must be immediately adjacent to the building facade and shall not extend more than four feet beyond the facade.
(3)
The area devoted to the display shall be a maximum of 100 square feet for a linear distance not to exceed 25 feet or the entire length of the facade, whichever is smaller.
(4)
The display shall not obstruct doorways nor impede pedestrian traffic or wheelchair accessibility.
(5)
No display shall be allowed in off-street parking areas, loading areas or emergency lanes.
(6)
No more than one temporary sign, banner or flag not to exceed 16 square feet in size shall be permitted in conjunction with a sidewalk sale.
(7)
The display shall be limited to the retail establishment's normal hours of operation.
(8)
The outdoor display of merchandise shall be prohibited at all times other than those provided for in Subsection B of this § 430-29.
§ 430-29.1 Temporary storage units on residential properties.
[Added 3-17-2020 by Ord. No. 2020:07]
A.
The purpose of this section is to regulate the use of temporary storage units, as that term is defined herein, on residential properties within the Township.
B.
The term "temporary storage unit," as used in this section, shall mean a unit greater in dimension than three feet in length by three feet in width by three feet in height, rented or owned for use by the property owner for storage of personal, business, or commercial items or used for the packing or storage of items for permanently moving to or from the residence or for temporarily storing items during a renovation to the main residence. Temporary storage units shall include, but not be limited to, dumpsters, bulk storage containers, portable on-demand storage containers, store-to-door mobile transportation storage containers, roll-off containers, or other such similar units.
C.
Application request/approval.
(1)
No temporary storage unit shall be placed on or at a residential property without first obtaining approval from the Zoning Officer or his/her designee. Applications to locate a temporary storage unit shall be made to the Zoning Officer, or his/her designee, and shall include, at a minimum, the following:
(a)
The names, addresses, and telephone numbers of the property owner or property manager at which the temporary storage unit is to be placed;
(b)
The names, addresses, and telephone numbers of the individual or company that owns the temporary storage unit;
(c)
A copy of a property survey (original and scalable) with the approximate location where the temporary storage unit is proposed; and
(d)
Any other information the Zoning Officer may require to determine the full compliance with other applicable ordinances of the Township.
(2)
In the case of a temporary storage unit being used for the purposes of moving between properties both located within the Township, only one permit will be required. However, a survey indicating the proposed location of the temporary storage unit shall be submitted for both locations.
D.
The placement of a temporary storage unit shall meet all of the following provisions:
(1)
A temporary storage unit shall be placed in the residential driveway at the farthest accessible point from the street and at least five feet from the property line;
(2)
A temporary storage unit shall not be placed within any public right-of-way or roadway, including sidewalks, unless approved by the Zoning Officer, or his/her designee, in the event that the storage unit cannot be reasonably placed on the property;
(3)
In a multifamily residential complex, a temporary storage unit shall be placed as close to the applicable dwelling unit as possible, but in no case less than 15 feet pursuant to § 213-35A; and
(4)
At the discretion of the Zoning Officer or his/her designee, a temporary storage unit may be placed in an alternative location, provided that such location does not create an unsafe condition in the opinion of the Zoning Officer or his/her designee.
E.
Duration and timing.
(1)
Where a temporary storage unit will be located on a residential property for less than 72 hours, no approval from the Zoning Officer, or his/her designee, shall be required. However, the applicant shall be responsible for displaying documentation on the temporary storage unit, in a conspicuous place, indicating the delivery and removal dates and times.
(2)
Temporary storage units may be located on a residential property within the Township for a period not exceeding 60 days in duration from time of delivery to time of removal. The applicant may request one extension of the time that a temporary storage unit may be located on a residential property, not to exceed 30 days, for good cause from the Zoning Officer or his/her designee.
(3)
Only one temporary storage unit shall be permitted to be located on a residential property within the Township at any time. A temporary storage unit may not be located on the same residential property more than two times in any given one-year period.
(4)
Where the use of a temporary storage unit is related to substantial damage from a fire, hurricane, or other natural disaster causing substantial damage to a primary structure on the property, the Zoning Officer, or his/her designee, may relax the time periods set forth herein and determine an appropriate time period for location of a temporary storage unit on a residential property.
F.
Fees.
(1)
The fee for approval of a temporary storage unit shall be $25.
(2)
The fee for extension of such approval shall be $25.
(3)
The fee will not be prorated if a temporary storage unit is removed prior to the expiration of the thirty-day period.
(4)
The fees may be amended from time to time by duly adopted resolution of the Township Council.
G.
Performance standards.
(1)
No temporary storage unit shall be used to store solid waste, construction debris, demolition debris, recyclable materials, business inventory, commercial goods, or goods for property other than at the residential property where the storage unit is located.
(2)
No temporary storage unit shall be used to store hazardous material.
(3)
Fully enclosed temporary storage units shall be locked and secured at all times when loading or unloading is not taking place. In the case of a temporary storage unit that is not fully enclosed (e.g., dumpsters), a temporary storage unit shall be kept in a safe and clean manner, such that the materials being stored do not spill, blow, or otherwise impact any adjoining property. A temporary storage unit shall be kept in a condition free from rust, peeling paint, or other forms of deterioration.
(4)
A temporary storage unit must be maintained in a manner that does not endanger the safety of persons or property in the vicinity of the unit. In the event of severe weather conditions which may cause a temporary storage unit to become a physical danger to persons or property, the Zoning Officer, or his/her designee, may require the removal of such unit.
(5)
No human or animal shall occupy a temporary storage unit at any time.
(6)
No heat source of any kind shall be placed in a temporary storage unit.
(7)
With the exception of the name, telephone number, and address of the container company, no signs or advertising may be displayed on any temporary storage unit.
(8)
Upon reasonable notice, the permit holder shall permit the inspection of the interior of any temporary storage unit by any municipal official for compliance with this section.
H.
Enforcement; violations and penalties.
(1)
The provisions of this section shall be administered and enforced by the Zoning Officer of the Township or his/her designee.
(2)
Any person violating any provisions of this section shall, upon conviction thereof, be subject to the penalties set forth in § 1-17 of the Township Code.
(3)
Each and every day that a temporary storage unit remains on the property beyond the applicable permitted time, or remains in violation of any provision of this section, shall be considered as a new and separate violation.
I.
Conflict with other provisions. In any case where the provisions of this section impose a higher or stricter standard than set forth in any ordinance of the Township or the laws of the State of New Jersey, then the standards as set forth herein shall prevail, but if the provisions of this section impose a lower or less stringent standard than any ordinance of the Township or the laws of the State of New Jersey, then the higher standard contained in any such other ordinance or law shall prevail.
