Rockaway Township City Zoning Code
§ 54-30.15
Regulations governing conditional uses.
[Ord. No. 95-24 § 54-113; Ord. No. 97-14 § 2; Ord. No. 98-1 § 2; Ord. No. 99-19 § 2; Ord. No. 05-10 §§ 3 — 5; Ord. No. 05-10A § 3-5; Ord. No. 06-16 §§ 1 — 3; Ord. No. 06-39 § 1; Ord. No. O-21-23; Ord. No. O-23-05]
Pursuant to P.L. 1975 Chapter 291, the Planning Board may grant approval of conditional uses as herein regulated. Subsection 54-30.10 applies as a conditional regulation for all conditional uses.
A.
Public garages and gasoline service stations. A public garage or gasoline service station shall be permitted only in the B-1 and B-2 districts and if the following requirements are complied with:
(1)
A site plan shall be submitted and approved as required by this chapter and the plan shall show, in addition to all required information in Section 54-28, the street entrances and exits or driveways and the precise location of all tanks, pumps, lifts and other machinery and equipment appurtenant thereto as well as the location, nature of construction and present use of all buildings within 300 feet of the lot lines of the premises for which the application has been filed.
(2)
No property line of the lot or parcel of land to be used as a public garage or gasoline service station shall be within 300 feet, measured in a straight line, from the nearest property line of any lot upon which is located any building used as a theater, auditorium or other place of public assembly capable of seating over 100 persons, or used as a church, hospital for humans, college, school, public library or institution for dependents or children, or any public playground or athletic field.
(3)
No part of any public garage or gasoline service station, wherever located, shall be used for any other purposes.
(4)
The minimum lot area of any lot upon which any public garage or gasoline service station is located shall be 10,000 square feet, and the minimum street frontage of the lot shall be 100 feet. If a public garage or gasoline service station is located on a corner lot, the minimum street frontage on each street shall be 100 feet.
(5)
Entrance and exit driveways to and from any lot upon which is located a public garage or gasoline service station shall have an unrestricted width of not less than 16 feet nor more than 30 feet, shall be located not nearer than 10 feet from any lot line, and shall be so laid out as to avoid the necessity of any vehicle leaving the property by backing out across any public sidewalk, street, highway, right-of-way or portion thereof.
(6)
The area of all driveways and other areas over which motor vehicles are intended to be driven or parked on any lot upon which is located a public garage or gasoline service station shall be paved with a bituminous or concrete surface sufficient to meet the paving specifications applicable to nonresidential paved parking lots.
(7)
On any lot upon which a public garage or gasoline service station is located, all services or repairs to or for motor vehicles, other than such minor items as the changing and filling of tires or the sale of gasoline or oil, shall be conducted within the confines of a building capable of being wholly enclosed. Any vehicles stored outside overnight shall be so stored as to meet the outdoor storage provisions of Subsection 54-30.8.
(8)
No part of any building used as a public garage or gasoline service station shall be closer than 50 feet to a street right-of-way and no filling pump or other service appliance, whether for gasoline, oil or any other combustible liquid or material, shall be erected within 10 feet of any side or rear lot line and the ten-foot free area required hereunder shall be at all times kept free, open and unobstructed for the purposes of ready access by emergency fire and police vehicles.
(9)
At any public garage or gasoline service station, storage facilities for gasoline, oil or other flammable materials in bulk over 75 gallons shall be located wholly underground and no nearer than 35 feet from any lot line other than the street right-of-way line. No gasoline or oil pumps, oil or greasing mechanism or other service appliance installed for use at such premises shall be within 10 feet of any street right-of-way line and no gasoline pump shall be located or permitted within any enclosed or semienclosed building.
(10)
No permit for the alteration or expansion of any existing public garage or gasoline service station shall be issued except upon compliance by the applicant with all the provisions of this section.
B.
Houses of worship. Houses of worship shall be permitted as a conditional use in the R-40, R-20, R-13, R-5 AC, R-88, O-1, O-2, O-3, OR-3, OB-RL, PED, and I Zones.
(1)
The following area and bulk regulations govern houses of worship as a conditional use in the R-40, R-20 and R-13 Zones:
(a)
Minimum lot area (acre): two.
(b)
Minimum Lot Width and Depth (feet): 150.
(c)
Minimum building setback, all lot lines (feet.): 50.
(d)
Maximum building height (feet): 35 (excluding steeple; max. one steeple, capped at 50 feet).
(e)
Maximum building/impervious coverage (%): 20/50.
(f)
Minimum buffer width (feet): 25 feet to all lot lines.
(g)
Minimum parking: 1 space/3 seats in sanctuary or 1 space/60 inches of pew seating, or 1 space per 200 square feet of sanctuary floor area, whichever is greater; +1 space/200 square feet for all other space except schools, where the requirement is 1 space/5 of pupil capacity in secondary schools and 1 space/10 of pupil capacity in elementary schools; +1 space/employee.
(h)
Parking space location: prohibited in required front yard setback; permitted in side/rear yards, provided it is set back minimally 35 feet from side and rear yard lines.
(i)
Accessory uses permitted: religious school, office, social hall, parking and loading.
(j)
Access: minimum one separate entrance and one separate exit from a public road.
(k)
Parsonage or manse: Zoning regulations for site's zoning for single-family dwelling, required on a separate conforming and subdivided lot.
(l)
Maximum seat capacity of social hall: 20% of seating capacity of sanctuary.
(2)
The following area and bulk regulations govern houses of worship as a conditional use in the R-5 ac, R-88, O-1, O-2, O-3, OR-3, OB-RL, PED, and I Zones:
(a)
Minimum lot area (acre): five.
(b)
Minimum lot width and depth (feet): 300.
(c)
Minimum building setback, all lot lines (feet): 100.
(d)
Maximum building height (feet): 50 (excluding steeple; max. two steeples capped at 65 feet).
(e)
Maximum building/impervious coverage (%): 15/40.
(f)
Minimum buffer width (feet): 35 feet to all lot lines.
(g)
Minimum parking: one space/three seats in sanctuary or one space/60 inches of pew seating, or 1 space per 200 square feet of sanctuary floor area, whichever is greater; + 1 space/200 square feet for all other space except schools, where the requirement is 1 space/five of pupil capacity in secondary schools and 1 space/10 of pupil capacity in elementary schools; + 1 space/employee.
(h)
Parking space location: prohibited in required front yard setback; permitted in side/rear yards, provided it is set back minimally 75 feet from side and rear yard lines.
(i)
Accessory uses permitted: Religious School, Office, Social Hall, Parking and Loading.
(j)
Access: minimum of one separate entrance and one separate exit from a public road.
(k)
Parsonage or manse: parsonage or manse shall be on a separate conforming and subdivided lot, per the R-88 zone standards.
(l)
Maximum seat capacity of social hall: 20% of seating capacity of sanctuary.
(m)
Located on major arterial (per Township Master Plan): Yes.
(n)
Multiple buildings permitted: Yes.
C.
Public and private elementary and secondary schools. Public and private elementary and secondary schools shall be permitted as a conditional use in the R-40, R-20, R-13, R-5 ac, R-88, O-1, O-2, O-3, OR-3, OB-RL, PED, and I Zones.
(1)
The following area and bulk regulations govern public and private elementary and secondary schools as a conditional use in the R-40, R-20, and R-13 Zones:
(a)
Minimum lot area (acre): two.
(b)
Minimum lot width and depth (feet): 150.
(c)
Minimum building setback, all lot lines (feet): 50.
(d)
Maximum building height (stories/feet): 2/35.
(e)
Maximum building coverage (%): 20.
(f)
Maximum impervious coverage (%): 50.
(g)
Minimum parking: one per five of pupil capacity in secondary schools, one per 10 of pupil capacity in elementary schools, + one per employee.
(h)
Parking space location: prohibited in required front yard; permitted in side/rear yards, provided it is set back minimally 35 feet from side and rear yard lines.
(i)
Minimum buffer (feet): 25 feet to all lot lines.
(j)
Accessory uses permitted: garage for school buses; parking and loading.
(k)
Such school shall have as its prime purpose the general education of students in the arts and sciences and shall be licensed by the State Department of Education as required by law.
(2)
The following area and bulk regulations govern public and private elementary and secondary schools as a conditional use in the R-5 ac, R-88, O-1, O-2, O-3, OR-3, OB-RL, PED, and I Zones:
(a)
Minimum lot area (acre): four.
(b)
Minimum lot width and depth (feet): 200.
(c)
Minimum building. setback, all lot lines (feet): 100.
(d)
Maximum building height (stories/feet): 2/35.
(e)
Maximum building coverage (%): 20.
(f)
Maximum impervious coverage (%): 50.
(g)
Minimum parking: one per five of pupil. capacity in secondary schools, 1 per 10 of pupil capacity in elementary schools, + 1 per employee.
(h)
Parking space location: Prohibited in required front yard; permitted in side/rear yards, provided it is set back minimally 50 feet from side and rear yard line.
(i)
Minimum buffer (feet): 50 feet to all lot lines.
(j)
Accessory uses permitted: Garage for school buses; parking and loading.
(k)
Such school shall have as its prime purpose the general education of students in the arts and sciences and shall be licensed by the State Department of Education as required by law.
D.
Municipal buildings and public uses. Municipal buildings and public uses shall be permitted as a conditional use in all zones.
(1)
The following area and bulk regulations govern municipal buildings and public uses:
(a)
Minimum lot area (square fee.: 40,000.
(b)
Minimum lot width and depth (feet): 150.
(c)
Minimum building setback, all lot lines (feet): 35.
(d)
Maximum building height (stories/feet): 2/35.
(e)
Maximum building coverage (%): 25.
(f)
Maximum impervious coverage (%): 65.
(g)
Minimum parking: 1/300 square feet for municipal buildings and library; 1/150 square feet for indoor recreation; one/design capacity for each activity for outdoor recreation.
(h)
Parking space location: prohibited in required front yard; permitted in side/rear yards, provided it is set back minimally 25 feet from side and rear yard lines.
(i)
Minimum Buffer (feet): 25 feet to all lot lines.
(j)
Accessory uses permitted: ancillary activities associated w/principal use.
E.
Nursing homes and congregate care facilities. Nursing homes and congregate care facilities are permitted as conditional uses in the R-88 and R-5AC Zones subject to the following:
(1)
No structure shall exceed 35 feet in height.
(2)
No structure shall be permitted closer than 100 feet to any property line or street right-of-way line.
(3)
There shall be a minimum lot area of 150,000 square feet.
(4)
Off-street parking. Off-street parking as required by this chapter shall be provided. Notwithstanding the provisions of this chapter, off-street parking is permitted in the front yard, provided no parking area may be within 25 feet of any street right-of-way line.
(5)
A minimum setback of 35 feet between buildings shall be required.
(6)
A maximum building coverage of 25% shall be permitted.
(7)
A maximum impervious coverage of 65% shall be permitted.
F.
Transitional uses. Transitional uses on transitional lots are permitted only if the requirements of this subsection are complied with. Transitional lots shall be construed to be lots within any residential district which: a) have a side yard which immediately abuts any property in the B-1 or B-2 districts at the front street property line of the transitional lot, and b) are not separated from any lot or lots in the B-1 and B-2 districts by a public street or roadway.
(1)
Transitional lots may be used for those purposes and uses which are permitted within the district in which the transitional lots are located, and transitional lots may also be used for offices for accountants, architects, attorneys, chiropodists, chiropractors, dentists, optometrists, osteopaths, physicians and professional engineers, and for off-street parking facilities as an accessory use to a principal use not located on the premises, to meet the requirements of this chapter. Notwithstanding the above, the nonresidential uses permitted by this section shall not be permitted on a transitional lot in conjunction with or at the same time as a permitted residential use upon the same lot.
(2)
The uses on transitional lots permitted above shall only be permitted on that portion of the transitional lot which is within 100 feet of the B-1 or B-2 district boundary line.
(3)
Where a transitional lot is used for parking only, the parking area shall meet all requirements for a nonresidential parking lot as set forth by this chapter.
(4)
Where a transitional lot is used as an office as permitted above, the following additional requirements and conditions shall be met:
(a)
Off-street parking for the permitted use shall be provided as required by this chapter.
(b)
The side yard on the residential district side of any transitional lot shall be not less than 15 feet in width.
(c)
The side yard on the business district side of any transitional lot shall be not less than 12 feet in width.
(d)
Off-street parking shall be permitted in any side yard, provided that no parking area shall be closer than five feet to the side or rear property line of the abutting residence district.
(e)
Any building on a transitional lot, whether a new structure or a converted existing structure, shall be residential in exterior appearance.
(f)
The front yard and rear yard requirements of the residence district in which the transitional lot is located shall be met.
(g)
The only signs permitted are a professional office sign affixed parallel to the building and not extending more than 12 inches therefrom, setting forth the name of the occupant or occupants in the premises and the activities carried on therein, and which shall not exceed six square feet in area.
G.
Home occupations. Home occupations are permitted in any residential district only if the following requirements are complied with:
(1)
A residence in any residential district may contain the office of a practitioner of certain professions or home occupations which shall include, but not be limited to, accountants, architects, craftsmen, engineers, lawyers, licensed beauticians, planners, sales agents and teachers.
(2)
No home occupation shall occupy an aggregate amount of floor space greater than 300 square feet.
(3)
The structure shall be remodeled in any way to create the impression of a business activity in a residential environment.
(4)
There shall be no visible exterior physical evidence of the use from the exterior of the residential building.
(5)
Each use shall be permitted to have a sign not to exceed four square feet in area and limited to setting forth the name of the occupant in the residence and the activities carried out therein. The sign shall be attached flat against the wall of the residence.
(6)
Retail sales of any products or materials shall be prohibited.
(7)
No home occupation shall employ or utilize the services of any person not residing in the home.
H.
Home professional. A residence shall be permitted to contain the offices of a practitioner licensed by the State of New Jersey for the practice of any medicine or medical specialty, only if the following requirements are complied with:
(1)
The practitioner shall be the owner of such residence.
(2)
The practitioner shall reside therein.
(3)
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 25% of the area of the first floor or basement where the office is located.
(4)
A minimum of six off-street parking spaces must be provided in the rear yard.
(5)
No patient shall remain in the residence overnight.
I.
Day-care centers or nurseries. Day-care centers or nurseries are permitted in all residential districts except the R-20AC, R-5AC, R-88, R-20 and R-13 only if the following standards are complied with:
(1)
Such uses shall be located on a minimum lot size of one acre.
(2)
All height and yard requirements shall be met for the district in which the use is located.
(3)
Off-street parking shall be provided to meet the provisions of this chapter; provided, however, all parking shall be located only in the side and rear yards.
(4)
Such uses are only permitted within existing residences. No new structure shall be constructed nor shall any existing structure be remodeled for the uses to create the impression that the structure is used for anything other than a residence.
J.
Outdoor recreational activities. Recreational uses outside the confines of a building are permitted in the B-1 district only if the following requirements are complied with:
(1)
The following uses are permitted under the terms of this subsection:
(a)
Tennis courts, shuffleboard courts, basketball courts, platform tennis courts, ball fields, swimming pools, ski slopes, handball courts, volleyball courts, badminton courts, miniature golf courses, slides, frisbee, golf, boating, roller skating, children's play areas including such equipment as swings, slides, teeter totters, jungle gyms and the like, and nonmotorized bike tracks. An instructional camp limited to no more than 100 persons may be operated between the hours of 7:00 p.m. Sunday to 9:00 a.m. Saturday during the months April through November. Any instructional camp limited to no more than 100 persons may be operated at any time during the months December through March.
(b)
Recreation buildings customarily incident to a recreation complex such as lodge buildings, boat houses, pro shops, toilets, restaurants and cafeterias, recreation equipment buildings, administration buildings and a single-family caretaker's residence.
(c)
A horse riding stable; provided the stable and horse trails are physically separated from all other recreation facilities on-site and all animals are kept within an enclosure not closer than 300 feet to any structure on adjoining property nor 100 feet to any property line; and provided the facility is designed and maintained to insure the health and well-being of the animals and minimize any negative impact to environmentally sensitive areas.
(d)
Picnic activities; provided, however, a permit shall be required for any picnic activity where the anticipated crowd will exceed 500 persons. Activities during the winter months (December through March) shall be limited to 2,500 persons. Activities during the months other than the winter months (April through November) shall be limited to 1,800 persons. Application forms for the required permit shall be obtained from the Zoning Officer after a payment of a fee of $15 at least seven days prior to the date of the proposed activities. The application shall indicate the sponsoring organization of the picnic, those activities that will be used, the time (date and hours) contracted for, the anticipated number of persons who will participate, what provisions are being made for crowd and traffic control, sanitary facilities and whether a temporary liquor license will be applied for.
(2)
Specifically prohibited as a conditional use in this district are motels, hotels, snowmobiles, motor powered bike or car tracks or courses, skeet and target ranges or other similar noise generating activities or other activities which would have an adverse impact on environmentally sensitive areas or surrounding uses.
(3)
There shall be a minimum lot area of 50 acres.
(4)
There shall be minimum frontage of 500 feet on a public street.
(5)
No building or structure shall exceed a height of 35 feet, except for ski lifts which may exceed this height.
(6)
All buildings, structures, outdoor game courts and recreation area activities shall be set back at least 100 feet from any public street or other property line; provided, however, if the property line abuts public lands in which development is prohibited the setback can be reduced to 50 feet. Off-street parking areas are permitted within all setbacks other than the setback from any public street, where parking is prohibited; provided, that no parking area shall be closer than 50 feet to any property line. All setbacks shall be screened as required by the Planning Board to adequately buffer any adjacent residential areas.
(7)
The total area of all impervious surfaces shall not exceed 10% of the total tract area.
(8)
Off-street parking shall be provided pursuant to the parking schedule set forth herein.
(9)
The use shall be conducted in such manner that there shall be no direct or sky-reflected glare exceeding 0.3 of a footcandle at the property line of the lot devoted to 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 abutting residential property.
(10)
Any activities outside the confines of a building shall be limited to the following hours:
(a)
Activities during the winter months (December through March): from 7:00 a.m. to 11:00 p.m.
(b)
Activities during the months other than winter months (April through November), where there will be less than 100 people on the premises: from 7:00 a.m. to 11:00 p.m.
(c)
Activities during the months other than winter months (April through November), where there will be at least 100 people on the premises: 9:30 a.m. to 6:00 p.m.
(11)
There shall be no noisemaking devices such as phonographs, loudspeakers, amplifiers, radios, television sets or similar devices so situated as to be heard at the property line of the subject site.
(12)
Such uses shall reflect good site plan design practices, shall be implemented in a manner designed to preserve environmentally sensitive areas, and to not adversely affect surrounding uses, and shall be developed on an integrated basis in accordance with a Planning Board approved site plan for both permanent as well as temporary facilities.
K.
Community shelters for more than six victims of domestic violence. Community shelters for more than six victims of domestic violence as defined in this chapter shall be permitted in all residential districts only if the following requirements are complied with:
(1)
The minimum lot area shall be one acre, and provisions for lot clustering shall not apply.
(2)
All yard, setback and height requirements for the district in which the use is located shall be complied with.
(3)
All principal and accessory structures shall be designed and constructed so as to be compatible with the appearance of a one-family residence.
(4)
The maximum building coverage shall be 10% of the lot area. The maximum coverage of structures and impervious improvements shall be 15% of the lot area.
(5)
No more than 15 persons, exclusive of the residential staff, shall be housed in a single community shelter for victims of domestic violence located in any residential district.
(6)
No property devoted to a community shelter for victims of domestic violence shall be located within 1,500 feet of another property devoted to such use.
(7)
A conditional use permit for a community shelter for victims of domestic violence shall not be issued if the total number of persons currently resident at such facilities within the Township exceeds, exclusive of resident staff, 50 persons or 0.5% of the population of the Township, whichever is greater.
L.
Heliports/helistops. Within the districts established by this section or amendments thereto, there exist principal uses to which heliports/helistops constitute customary and incidental accessory uses. It is the intent of this section to delineate such districts in which heliports/helistops are permitted accessory uses and to establish that such uses are conditional uses subject to compliance with the requirements set forth herein. This section also sets forth procedures for obtaining the certificate of approval from the Township Council required for the licensing of such facilities pursuant to N.J.A.C. 16:54-1.4(a)5.
(1)
Districts. Restricted heliports/helistops shall be treated as conditional accessory uses in the OR-3, B-2, R-B, O-1, O-2, OB-RL, PED, I and M districts.
(2)
Conditional uses. Restricted use heliports/helistops shall be permitted as a conditional accessory use, subject to the following:
(a)
Siting distances.
[1]
The site location must be no less than five nautical miles from any operational public airport facilitated to fuel, service, and maintain helicopters.
[2]
The site location must be not less than one nautical mile from any school, place of worship, hospital, senior citizen complex or library.
[3]
The site location must be greater than one nautical mile from any and all heliport/helistop sites.
[4]
Only one site shall be permitted per lot.
(b)
Area and bulk requirements.
[1]
Notwithstanding the minimum lot area requirement in any district, any tract upon which a heliport/helistop is proposed shall contain a minimum of 20 acres, or such larger area required to comply with setback requirements.
[2]
Minimum setbacks on landing pads from all nonresidential property lines shall be 500 feet.
[3]
The heliport/helistop pad shall be at least 350 feet from any building or permanent structures.
[4]
The minimum distance from the landing pad to any residential district property line shall be 1,000 feet.
[5]
The heliport/helistop shall be located on the same lot as the principal use and the concrete pad shall be at least 100 feet wide and 100 feet deep.
(c)
Any use of a heliport/helistop for purposes which are not incidental to the principal use on the lot is prohibited. Operation of a commercial helicopter facility is expressly prohibited.
(d)
All heliports/helistops shall be ground level sites. Roof-top sites are prohibited.
(e)
Fuel storage, fuel transfer, hangar, and repair facilities are prohibited. Adequate tie-down facilities shall be provided.
(f)
Helicopters shall not exceed a gross weight of 3,500 pounds and the landing pad shall be identified as to load bearing capacity.
(g)
Buffer materials exceeding the standing height of aircraft must be permanently erected to conceal aircraft from any adjoining roadways and residential areas.
(h)
Adequate safety and fire equipment, as determined by the appropriate Township agencies, shall be provided.
(i)
An attendant qualified in aircraft safety measures shall be present at each helicopter event. The site area shall be secured 15 minutes prior to the event and the attendant shall be present until after each site event.
(j)
A public means for communication shall be provided within 150 feet of the site during periods when the attendant is present.
(k)
The heliport/helistop must comply with all State and Federal requirements, including, but not limited to, the following Federal Aviation Regulations (F.A.R.):
[1]
F.A.R. Part 157 "Notice of Construction, Alteration, Activation and Deactivation of Airports" published 01-75.
[2]
F.A.R. Part 77 "Objects Affecting Navigable Air Space" published 01-75.
[3]
F.A.A. Advisory Circular Number 150/5020-2, dated 12-8-1983 entitled "Noise Assessment Guidelines for New Heliports." Copies of all maps and sketches required by N.J.A.C. 16:54-1.1 et seq., certified by a New Jersey licensed engineer or surveyor, shall be supplied to the Planning Board.
(l)
Flight events shall be limited to a maximum of six per day, and shall be restricted to Monday through Friday during daylight hours (defined as one hour after sunrise until one hour before sunset) and are expressly prohibited on Saturdays, Sundays and legal holidays.
(m)
Landing and approach corridors shall not cross residentially zoned property and shall parallel the boundaries of such districts unless they are more than 750 feet therefrom, measured horizontally from the corridor center lines to the boundaries.
(n)
An environmental impact statement shall be submitted for all sites located in an area designated as a wetlands area.
(o)
Minimum clear zone. The area immediately surrounding the landing and takeoff site must be free of all moving or stationary vehicles which contain volatile fuels (gasoline or diesel) for a distance of not less than 100 feet from the pad center.
(3)
Certificate of approval. Any person seeking to construct, demolish, modify or transfer a heliport/helistop facility shall, prior to applying to the State of New Jersey, apply to the Township of Rockaway for certificate of approval, utilizing forms provided for this purpose in the Office of the Township Clerk. The Township Council shall act upon such application after the following are received:
(a)
A report from the Township Planning Board indicating that the site meets the requirements for an accessory conditional use.
(b)
A report from the Township Fire Department indicating that adequate measures for fuel spillage and fire protection are available at the site.
(c)
Copies of notices, sent certified mail, return receipt requested, to all property owners within 200 feet of the lot on which the facility is proposed.
(d)
Certified copy of notice published at least once in the official newspaper of the Township not less than seven days nor more than 14 days prior to the hearing, indicating the date, time, and purpose of the public hearing.
(4)
If the application is approved, the Township of Rockaway shall forward a certificate of compliance with local zoning requirements to the Division of Aeronautics.
M.
Private clubhouse residential development. Private clubhouses in private residential developments are permitted as a conditional use, provided they meet the following conditions:
(1)
Private clubhouses shall be permitted in private residential developments with common open space area which are subject to regulations by homeowners associations or similar corporations serving private residential developments.
(2)
Private clubhouses shall be set back minimally 100 feet from all perimeter boundaries of the private residential development, and minimally 150 feet from any building occupied for residential use.
(3)
All buildings shall comply with the height limitations set forth herein for accessory structures.
N.
Accessory dwelling unit.
(1)
Upon proper application and hearing as provided herein, one accessory dwelling unit shall be permitted as a conditional use in any existing detached one-family dwelling in any residential district in the Township, provided that the Planning Board finds and determines that the following conditions have been met:
(a)
The dwelling for which a permit for an accessory dwelling is sought shall be situated on a lot having a minimum area equal to the minimum for the zone in which the site is situated. The bulk of that zone shall also be applicable.
(b)
The dwelling for which such permit is sought shall have been occupied as a detached one-family dwelling pursuant to an initial certificate of occupancy issued at least 10 years prior to the filing of an application for approval of an accessory dwelling unit.
(c)
Either the accessory dwelling unit or the primary dwelling unit shall constitute the domicile of the person or persons who own the lot on which the dwelling is situated.
(d)
At least one of the persons occupying either the accessory dwelling unit or the primary dwelling shall qualify as an income-qualified lower income household, as provided for in the COAH regulations governing same.
(e)
The accessory unit shall be occupied as a residence by no more than three persons.
(f)
The accessory dwelling shall be a minimum of 400 square feet in size, but in no event shall be greater than 25% of the total floor area of the building. It shall be required to have its own kitchen and bath facilities.
(g)
No changes shall be made to the exterior of the building which would detract from its external appearance as a detached single-family dwelling, except that a separate door to serve as an entrance and exit for such accessory dwelling may be installed, provided it does not abut the front yard of the lot.
(h)
In addition to the parking required for the primary residence, there shall be one additional parking space provided on-site for the accessory dwelling unit.
(i)
An accessory dwelling unit may not be situated or contained within a cellar or garage.
(j)
The sanitary disposal system for the dwelling, either existing or as may be modified to accommodate the accessory dwelling shall be inspected and approved by the Board of Health.
(2)
Application procedure.
(a)
No building permit shall be issued for the creation of an accessory unit unless a conditional use approval therefor has been granted by the Planning Board.
(b)
For a conditional use approval for an accessory unit the procedure shall be as follows:
[1]
An application shall be submitted to the Land Use Administrator, in writing, in duplicate, on forms supplied by the Planning Board, furnishing pertinent data including the names and addresses of the owners and persons who intend to occupy the primary and accessory unit, and the block and lot number and street address of the site in question.
[2]
The application shall be accompanied by 15 copies of a current survey of the property prepared by a licensed engineer or land surveyor depicting the boundaries of the lot and all existing structures and improvements on the property.
[3]
The application shall be accompanied by 15 copies of a proposed floor plan drawn by a licensed architect or engineer depicting all proposed interior and exterior changes to the dwelling, including the relationship of the primary dwelling to the accessory unit, the location of any proposed exterior doors, and proposed additional parking spaces, and any proposed modifications to the existing sanitary disposal system.
(c)
Upon filing of a complete application, the Planning Board shall conduct a hearing on the matter. Notice shall be given to all property owners within 200 feet of the site, as provided for in the Township Land Use Ordinance.
(d)
The Planning Board shall render its decision not later than 95 days from the filing of a complete application.
(e)
Any such approval granted by the Planning Board shall expire unless the construction of the accessory dwelling shall have commenced within one year of the date of approval; except that the running of the period of limitation herein shall be tolled from the date of filing an appeal from the Planning Board's decision to a court of competent jurisdiction until the termination of any matter of such appeal.
(3)
Miscellaneous provisions.
(a)
Affidavit of continued compliance. On or before the first of January next following the issuance of a certificate of occupancy for an accessory dwelling unit, and on or before each and every January 1 next ensuing, the owner of the dwelling for which such certificate of occupancy was granted shall file in the office of the Construction Code Official a sworn affidavit in the form prescribed by the Township Clerk, which shall state that there has been no change in the conditions upon which the approval was originally granted.
(b)
Any of the following shall constitute a violation of this section:
[1]
Upon transfer of title by owner of a dwelling in which an accessory unit is located, the certificate of occupancy issued with respect to such accessory unit shall automatically expire upon the later of: (a) The one-hundred-eightieth-day after the recordation of such transfer in the Office of the County Clerk, or (b) the expiration of a written lease for such accessory unit, provided that in no event shall such continued use of the unit under a written lease extend beyond a period of one year from the date of recordation of such transfer in the Office of the County Clerk, unless within such time period a new certificate of occupancy is issued in the name of the record owner.
[2]
Before any new certificate of occupancy may be issued, the Construction Official shall conduct a physical inspection of the dwelling, including the accessory unit, in order to determine that, other than with respect to the new ownership of the dwelling, there has been no change in the conditions upon which the original certificate of occupancy was granted.
(c)
Death or Vacation of Lower Income Household.
[1]
Upon the death or permanent vacation of the lower income household of the unit for which approval hereunder was granted, the owner of such dwelling shall have a grace period within which the certificate of occupancy shall continue in full force and effect. Such grace period shall consist the longer of either: (1) 180 days, or (2) the time remaining in the term of a written lease for the accessory unit, provided that in no event shall such continued use of the accessory unit under a written lease extend beyond a period of one year from the date of the death of the lower income person, or the vacation of such person from the unit.
[2]
If, by the expiration of such period, no other income-qualified person shall have commenced occupancy of the unit, the certificate of occupancy for the accessory unit shall automatically be revoked.
(d)
Inspections. The Construction Code Official shall have the right to conduct inspections in order to determine compliance or continued compliance with the provisions of this paragraph.
O.
Indoor cannabis consumption areas. Indoor cannabis consumption areas operated in conjunction with an alternative treatment center or a cannabis retailer are permitted in the PED, I, and R-B Districts only if the following requirements are complied with:
(1)
Indoor cannabis consumption areas are subject to the enabling authority of the State of New Jersey and are subject to compliance with all statutes and/or regulations adopted by the State of New Jersey or its instrumentalities. If any provision of this subsection is inconsistent with the statutes and/or regulations of the State of New Jersey, the state statutes and/or regulations shall govern.
(2)
Prior to the operation of any indoor cannabis consumption area, a license for such use must be obtained from the State of New Jersey and from the Township of Rockaway.
(3)
Site plan approval must be obtained from the Township of Rockaway Planning Board, or Board of Adjustment as the case may be.
(4)
An indoor cannabis consumption area shall, at all times, operate in complete compliance with the terms and conditions of its license(s) set forth by the State of New Jersey and the Township of Rockaway.
(5)
No indoor cannabis consumption area shall be housed in a vehicle or any movable or mobile structure.
(6)
There shall be a minimum setback of 200 feet from any indoor cannabis consumption area to any public or private school, house of worship, child care center, day care center, or residential building as measured from building to building.
(7)
It shall be unlawful for any person to dispense cannabis or cannabis products at any time other than between the hours of 8:00 a.m. and 10:00 p.m.
(8)
Any indoor cannabis consumption area must be located in an indoor, structurally enclosed area of a cannabis retailer or permit holder that is separate from the area in which retail sales of cannabis items or the dispensing of medical cannabis occurs.
(9)
Nothing in this Subsection shall be construed as to permit an outdoor cannabis consumption area in any zone district of the Township.
P.
Cooperative sober living residence. Cooperative sober living residences shall be permitted as a conditional use only in the B-1, B-2, and R-P Districts if and only if the following standards are complied with:
(1)
Purpose. These regulations are intended to provide reasonable accommodation for persons with disabilities.
(2)
The owner shall obtain a Class F license to operate a cooperative sober living residence from the New Jersey Department of Community Affairs pursuant to N.J.A.C. 5:27-1.1 et seq.
(3)
Minimum distance to other cooperative sober living residence or Non-Oxford house model recovery home use: 200 feet.
(4)
Structures are regulated under the residential regulations of the underlying zone district.