Township Of Washington
City Zoning Code
City Zoning Code
ARTICLE XVI
Conditional Uses
[Added 5-16-1983 by Ord. No. 83-4]
§ 580-92 Definitions.
In addition to those definitions set forth in Article I, § 580-2, the following words and phrases shall have the following meanings for purposes of this Article XVI only:
ELIGIBLE LOT
A lot which satisfies each of the requirements set forth in § 580-93, or a lot which has been developed, but which is presently nonconforming with the land use restrictions set forth in the Code of the Township of Washington.
[Amended 7-13-1987 by Ord. No. 87-6]
IMPERVIOUS SURFACE
Any area covered by a building, pavement, concrete or other artificial structure or substance, and includes rock, wood and other natural substances placed or arranged on the lot by human effort, but does not include plants or trees. This phrase also includes any overhanging portion of a roof or similar building component.
LAND USE RESTRICTION
Any applicable restrictions imposed by the Code of the Township of Washington, including without limitation those restrictions contained in Chapter 540, Land Development, and this chapter. This phrase does not include those modifications of restrictions included in this Article XVI.
LIVING FLOOR SPACE
Enclosed, finished area suitable for human habitation. This phrase does not include any porch, cellar, attic or garage or any area not fully enclosed with nonporous walls and ceiling.
SMALL ACCESSORY STRUCTURE
A roofed, enclosed structure which is less than six feet in height, occupies a surface area of less than 36 square feet and which is not suitable for use as a dwelling.
§ 580-93 Requirements for development.
No lot shall be eligible for development under this article unless all of the following requirements are satisfied:
A.
The lot was in existence as a separate lot on the Tax Assessment Map of the Township of Washington at the time of enactment of this article.
B.
The lot is incapable of development for any permitted purpose solely by reason of the land use restrictions set forth in the Code of the Township of Washington, resulting in the lot's being nonconforming.
C.
The lot was in existence as a separate lot at the time of enactment of the earliest land use restriction which rendered the lot nonconforming.
D.
At the time of adoption of the earliest land use restriction rendering the lot nonconforming and at all times subsequent thereto, no legal or equitable owner of the lot has simultaneously held legal or equitable title to any contiguous land.
E.
Neither the owner of the lot nor any of said owner's predecessors in title created the nonconforming condition of the lot or caused self-inflicted hardship on the lot, however evidenced.
F.
The owner shall have transmitted by certified mail, return receipt requested, no more than 90 days nor less than 30 days before filing an application for development under this article with the Planning Board, a good-faith written offer to sell the lot for a fair and reasonable price to each owner of contiguous land.
G.
The owner shall have transmitted by certified mail, return receipt requested, no more than 90 days nor less than 30 days before filing an application for development under this article with the Planning Board, a good-faith written offer to purchase any additional contiguous land which, if purchased by the owner and combined with the lot, would reduce the lot's nonconformity with any land use restriction of the Township of Washington governing said lot; provided, however, that such purchase would not result in rendering the contiguous land nonconforming with any land use restriction of the Township of Washington governing such land.
§ 580-94 Application.
A.
The owner of an eligible lot who wishes to develop same, or to modify, alter or expand any existing structures thereon, shall cause an application for a conditional use under this article to be filed with the Planning Board of the Township of Washington in such form as may be fixed by the Planning Board, such application to include renderings and architectural plans for the proposed development, modification, alteration or addition which shall form part of any approval granted by the Planning Board. Such application shall comply with any ordinance of the Township of Washington governing minor site plan review, as well as being subject to notice and a hearing as described in Article V and VI of Chapter 540, Land Development, of the Code of the Township of Washington. In the case of any owner of any eligible lot who wishes to develop same, such application shall provide data as to the eligibility of the lot under § 580-93.
[Amended 7-13-1987 by Ord. No. 87-6]
B.
The Planning Board shall review all applications under this article in accordance with applicable law. Only in the event that the Planning Board finds that the lot is an eligible lot under § 580-93 shall it grant the application for development as a conditional use according to the specifications and standards set forth in § 580-95. The Planning Board shall have the authority to relax any of the specifications and standards set forth in this chapter in appropriate circumstances.
§ 580-95 Specifications and standards.
A.
Maximum coverage. The proposed building, including any overhanging or projecting roof, may not cover more than 20% of the total area of the lot.
B.
Impervious surface coverage. No more than 30% of the lot may be covered by any impervious surface.
C.
Maximum height. The maximum height permitted pursuant to § 580-23 or other applicable provisions of the Code of the Township of Washington shall be reduced by a percentage equal to the street frontage of the lot divided by the street frontage otherwise required in the applicable zone, or the height of any one-family home located on a lot contiguous with the eligible lot, whichever height is less. In no event shall the maximum height be reduced to less than 16 feet. The maximum height provided under § 580-23 or other applicable provisions of the Code of the Township of Washington shall not be increased by virtue of this provision.
[Amended 4-8-1985 by Ord. No. 85-4]
D.
Minimum requirements.
(1)
Minimum front yard. The foregoing notwithstanding, no front yard shall be less than the front yard required in the zone in which the eligible lot is located.
(2)
Distance between buildings. The foregoing notwithstanding, no building on an eligible lot shall be closer to an existing building on an adjoining lot than 20 feet.
(3)
Minimum side yard. The foregoing notwithstanding, no side yard shall be less than 10 feet.
(4)
Minimum rear yard. The foregoing notwithstanding, no rear yard shall be less than 20 feet.
(5)
Parking. Each building shall have an attached garage with sufficient area to accommodate one automobile per dwelling unit.
(6)
Preservation of environment and aesthetics. If the construction of any building or other structure causes the destruction of one or more trees of over six feet in height, the owner shall plant and maintain no less than one tree for every three such trees so destroyed. The type and height of the trees so planted and maintained need not be the same as those destroyed. Further, any building or other structure shall conform, to the extent permitted by law, to the physical character and architectural style of the area in which same is located.
(7)
Angle of light obstruction. The angle of elevation of the highest point of any building or other structure shall not exceed 45° when measured from the existing surface level of the following:
(a)
All points along the midline of all adjacent streets.
(b)
All points along the rear lot line of the lot.
(8)
Accessory buildings. The owner may erect one detached small accessory structure on the lot in addition to the building containing the dwelling unit or units. The owner shall not erect any other detached building or structure on the lot. This restriction does not apply to the attached garage required under Subsection D(5) hereof. This restriction does not apply to a pool, deck area or other similar area which is not covered by a roof.
(9)
Minimum living floor space. The dwelling shall contain not less than 600 square feet of living floor space if a one-story structure and not less than 800 square feet of living floor space if a two-story structure. No dwelling shall contain less than 300 square feet of living floor space for each intended occupant.
(10)
Other conditions. Such other conditions as may be prescribed by law.
§ 580-95.1 Places of worship.
[Added 6-20-2022 by Ord. No. 22-11]
A.
Places of worship and uses accessory to places of worship as defined in Subsection B of this section and which are located on the same site as a place of worship are permitted as a conditional use in the A, B, C, AA, AAA, and O-R zone districts. Places of worship and related accessory uses shall comply with the conditional use standards and requirements set forth in Subsection C of this section unless otherwise specified.
B.
Accessory uses.
(1)
Clergy residence. The home of a member of the clergy or religious leader of the place of worship. A clergy residence may be an apartment, group of rooms, or other residences for the clergy or religious leader. The clergy residence may be in the same building as the place of worship or in a separate building. If on the same lot as the place of worship, it shall be considered an accessory use to the place of worship and subject to the conditions and requirements of this section. If on a separate lot, it shall be considered a single-family residence and subject to the requirements of the district in which it is located.
(2)
Educational facility. A facility or facilities for private education and instruction associated with a place of worship, including, but not be limited to, after-school learning or religious instruction. An educational facility related to a place of worship may be within the same building as the place of worship or in a separate building but shall be on the same lot as the place of worship and subject to the standards and requirements of this section.
(3)
Social facility. A facility or facilities for social functions associated with the place of worship, including, but not limited to, weddings, funerals, bar/bat mitzvahs, dances, banquets, dinners and other similar events. A social facility related to a place of worship may be within the same building as the place of worship or in a separate building but shall be on the same lot as the place of worship and subject to the standards and requirements of this section.
C.
Standards and conditions. A place of worship shall be subject to the following standards and conditions:
(1)
The required minimum lot area shall be:
(a)
Place of worship without an educational or social facility: two acres. The minimum lot area shall be increased as follows and shall be cumulative for the number of accessory uses included with the place of worship:
[1]
An additional 1/2 acre for a place of worship with a separate clergy residence building located on the same lot.
[2]
An additional one acre for an educational facility within the same building as the place of worship or an additional two acres for an educational facility in a separate building.
[3]
An additional two acres for a social facility within the same building as the place of worship or an additional three acres for a social facility in a separate building.
(2)
The required minimum lot frontage shall be 200 feet.
(3)
No one building shall occupy an area greater than 20% of the area of the lot upon which it is built, and the maximum permitted lot coverage by all buildings combined shall be 35%.
(4)
The minimum front yard setback shall be 60 feet.
(5)
Minimum side yard setback: not less than the height of the tallest building or structure, or 25 feet, whichever is greater.
(6)
Minimum rear yard setback: not less than the height of the tallest building or structure, or 60 feet, whichever is greater.
(7)
A separate clergy residence building located on the same lot as a place of worship shall conform to the setback requirements of the district within which the place of worship is located.
(8)
Maximum height: two stories and 45 feet, except that the clergy residence located in a separate building shall conform to the height requirements of the district in which it is located, but no more than 35 feet in height. This limitation shall not apply to steeples, towers, domes, cupolas and chimneys, provided that the aggregate horizontal area of such parts shall not exceed 10% of the ground area covered by the building.
(9)
Parking. One parking space per three fixed seats or one parking space per 50 square feet of nonfixed seats in assembly area of the place of worship, whichever is greater. Additional parking shall be provided as follows:
(a)
Clergy residence: two spaces.
(b)
Educational facilities: 1.5 spaces for each teacher or instructor. Educational facilities open for evening instruction shall provide two spaces for every three students plus one space for each teacher or instructor.
(c)
Social facilities: one parking space for every three fixed seats; or one parking space per 50 square feet of nonfixed seats in the assembly area; or one parking space per three persons based on the maximum capacity of the facility as determined by the Fire Department Occupancy Load Code, whichever of these is greater.
(10)
No parking shall be permitted in the front yard or within 20 feet of any residential use.
(11)
A landscaped buffer shall be provided around the entire length of side and rear property lines, except where access drives or walkways traverse this reserved strip. The minimum landscape buffer widths shall be as follows:
(a)
From a nonresidential use or district: 10 feet.
(b)
From a residential use or district: 15 feet.
(12)
The organization shall be a bona fide nonprofit religious group organized primarily for the benefit of its membership, and such other activities normally carried on by religious groups.
(13)
The organization has been granted exemption from taxation under the laws of both the State of New Jersey and the United States.
(14)
The organization will not engage in sales of products or materials to the general public or otherwise engage in activities normally carried on as a business or commercial activity, except that:
(a)
The premises may be made available on a rental basis for meetings of other groups, private social functions, and similar events.
(b)
The organization may conduct intermittent commercial activities open to the general public designed solely to raise funds to support the purposes of the organization or for related or affiliated organizations with charitable, educational or religious purposes, provided such activities are conducted inside of a building or structure.
(c)
Sale of religious articles or items having a relation to the cultural or ethnic background of the members of the faith are permitted on a continuous basis, provided that such sales are conducted inside the building or structure.
D.
Other requirements.
(1)
Lighting. Lighting shall conform to the requirements of the Township land use regulations. All exterior lighting except that required for security shall be turned off between 10:00 p.m. and 6:00 a.m.
(2)
No outdoor recreation areas shall be permitted within 50 feet of property line.
(3)
There shall be no outdoor activities after 10:00 p.m.
E.
The applicant for a house of worship shall submit a list of proposed activities and anticipated participants, a timetable reflecting the hours in which each building will be used, and any other pertinent uses and activities intended to take place on the site.
F.
Reconstruction of a place of worship: Notwithstanding any provisions of this chapter to the contrary, in the case of an accidental partial or complete destruction of a place of worship or rectories or parish houses or convents, the structure or building so destroyed may be reconstructed on the same site and as it existed prior to the accidental destruction, even though it may not conform to all the conditions of that conditional use for that zone. The phrase "reconstructed . . . as it existed" for the purposes of this subsection shall be deemed to mean that the structure or building may be reconstructed with ground coverage not in excess of that of the former building or structure and with usable floor space on all floors not in excess of that which existed in the former building or structure, and with a height not to exceed that which existed in the former building or structure. It shall not be necessary that the replacement be identical to the former structure in any other particulars, provided that the replacement shall be no less conforming to this chapter than the former structure.
