Rockaway Township City Zoning Code
§ 54-30.43
OR1-EH Office/Residential/Elder Housing and Care Multi-Use District.
[Ord. No. 95-20 § 2; Ord. No. 97-14 § 5; Ord. No. 99-19 §§ 4, 5; Ord. No. 12-16 § 5]
A.
Primary intended use. This zone is designed to provide for business, professional and administrative office use, higher density residential development in relatively close proximity to the R-B zone which will contribute to the creation of a town center and permit uses that are compatible and complementary to the R-B zone. Those uses permitted in the OR1-EH zone are office buildings, banks, restaurants and conference centers/hotels containing at least 150 hotel rooms. Single-family attached dwelling units are permitted for conventional housing as a conditional use subject to the provisions of Subsection 54-30.31E being complied with. Continuing care retirement communities, independent living facilities, assisted living facilities, nursing home facilities, adult day care facilities, outpatient rehabilitation facilities and senior housing (including adult retirement communities) are also allowed, as regulated herein. Also permitted in this zone are accessory uses customarily incidental to a principal permitted use; signs as regulated in Subsection 54-30.11 of this section and other conditional uses as regulated in Subsection 54-30.15 of this section.
B.
Prohibited uses. Any use other than those listed in paragraph A above is prohibited. Nothing contained therein shall be construed to permit retail or wholesale stores, or industrial operations.
C.
Required conditions for nonresidential development.
(1)
Height. No nonresidential building shall exceed a maximum height of 50 feet; provided, however, accessory roof structures with a maximum height of 17 feet can be placed on the roof if the accessory structure does not exceed 5% of the total roof area.
(2)
Front yard. There shall be a front yard setback of 100 feet for all nonresidential structures.
(3)
Side yards. No side yard shall be less than 100 feet for all nonresidential structures.
(4)
Rear yard. There shall be a rear yard of at least 100 feet for all nonresidential structures.
(5)
Minimum distance between buildings. There shall be a minimum distance between buildings that is equal to the sum of the heights of the two buildings.
(6)
Minimum lot area. There shall be a minimum lot area of five acres for nonresidential development.
E.
Concept master plan.
(1)
Before any land can be subdivided, or before a site plan can be approved for any development in the OR1-EH zone, a comprehensive conceptual development plan for the entire tract may be submitted to and reviewed by, the Planning Board to see how the proposed use will fit into the ultimate development pattern.
F.
Required conditions for continuing care retirement communities, independent living facilities, assisted living facilities, nursing home facilities, adult day care facilities, outpatient rehabilitation facilities and senior housing (including adult retirement communities).
(1)
Continuing care retirement communities (CCRC), independent living facilities, assisted living facilities, nursing home facilities, adult day care facilities, outpatient rehabilitation facilities, senior housing and adult retirement communities may incorporate a broad range of architectural building types, consisting of multiple attached residential structures. Adult retirement communities may also include detached dwellings. This provision is designed to afford the greatest flexibility in design to enable the site designer to be responsive to the zone's particular environmental features and the needs of the elderly.
(2)
A CCRC shall include at least two of the following: independent living facility, assisted living facility and nursing home, provided that where a CCRC is proposed for contiguous parcels one parcel may contain one of the two aforementioned components and the contiguous parcel may contain the second required component; and further provided that in the event the application is for contiguous parcels, simultaneous applications for the two contiguous parcels shall be required. Additionally, a CCRC shall include at least some level of each of the following: health care facilities and services; facilities and services for providing meals for residents; physical therapy facilities and services; meeting rooms; and recreation facilities. A CCRC may include houses of worship and religious facilities, facilities to sell or provide personal services to residents, including small gift or necessities shops provided they are for the sole use of the residents, and other ancillary services customarily accessory to a CCRC.
As an alternative to the above, senior housing for residents who are 52 years of age and older shall be permitted to be developed without the provision of the forms of continuing care as provided above for continuing care retirement communities. Such development may include at least some level of each of the following: health care facilities and services, facilities and services for providing meals for residents, physical therapy facilities and services, meeting rooms, and recreation facilities. Such development may further include houses of worship and religious facilities, facilities to sell or provide small gift or necessities shops provided they are for the sole use of the residents, and other ancillary services customarily accessory to an age-restricted development.
As an alternative to the above, independent living facilities, assisted living facilities, nursing homes, adult day care facilities and outpatient rehabilitation facilities used exclusively for each such use, or any combination thereof, shall be permitted in the OR1-EH zone and may include health care facilities and services, facilities and services for providing meals for residents, and physical therapy facilities and services, meeting rooms, recreation facilities and other ancillary services and facilities customarily accessory to an elderly residency.
(3)
Occupancy in senior housing and adult retirement communities shall be limited to persons 52 years and older having no resident child less than 19 years of age.
(4)
Parking requirements. Sufficient off-street parking shall be required to meet the needs of the occupants, residents, employees and guests of the uses as permitted in this subsection in accordance with the following minimum requirements:
(a)
Independent living units: 1.00 space per dwelling unit.
(b)
Assisted living units: 0.55 spaces per bed.
(c)
Adult day care units: one parking space per employee at maximum shift plus one parking space for every five adults for which the facility is designed.
(d)
Outpatient rehabilitation units: one parking space per employee at maximum shift plus one parking space for every five patients for which the facility is designed.
(e)
Nursing beds: 0.55 spaces per bed.
(f)
Senior Housing: 1.00 space per dwelling unit.
(g)
Adult Retirement Community: 1.25 spaces per dwelling unit.
(h)
Parking Offset to External Street: 50 feet.
(i)
Parking Offset to Internal Street: 30 feet.
(5)
A senior housing development (and adult retirement community) shall include, in addition to dwellings, provisions for active and passive recreation and a clubhouse for the sole use of residents and their guests.
(6)
The following regulatory controls are applicable:
(a)
Minimum lot area (acres): five.
(b)
Minimum front yard (feet): 100.
(c)
Minimum side yards (feet): 100.
(d)
Minimum rear yard (feet): 100.
(e)
Maximum building coverage (%): 10.
(f)
Maximum impervious coverage (%): 50.
(g)
Maximum building height (feet): 50.
(h)
Maximum Density (du/ac) (Note: Density for continuing care facilities, retirement communities and any other residential-type adult housing/care uses permitted in this subsection shall be calculated at 1.0 du for each independent living unit, 0.5 du for each assisted-living unit bed and 0.25 du per nursing home bed. In no event shall the total number of CCRC beds exceed 30 beds/acre.): 12.
(i)
Minimum distance between buildings (feet): 30.
(j)
Minimum buffer along north line (feet): 75.
(k)
Minimum buffer to existing single-family residential dwelling (feet): 150.
(l)
Required vehicular access: From County ROW.
(m)
Minimum buffer to lots fronting on hillside road, pond road, mount hope road and sunrise road and to these streets' rights-of-way: 200 feet, provided that any proposed rights-of-way, driveways, and/or vehicular circulation aisles shall be permitted within such buffer area.
(7)
Detached single-family residences designed as part of an adult retirement community shall meet the minimum cluster bulk provisions of the R-13 zone.
(8)
Critical area requirements. Critical areas are sensitive environmental features where because of soil characteristics, wetlands, and vegetated slopes, certain encroachments will occur in order to develop inherently beneficial retirement/assisted living use/nursing home/adult day care/outpatient rehabilitation uses. Wetland impacts will be subject to N.J.A.C. 7:7A et seq. Freshwater Wetland Regulations.
G.
All applicable provisions of the following subsections of this section shall be complied with, except as otherwise provided for in this subsection.