Verona City Zoning Code
ARTICLE VIII
Regulations Governing Certain Conditional Uses
§ 150-8.1 Conditional uses.
Conditional uses shall be permitted upon authorization by the Planning Board; provided, that such uses are found to comply with the following requirements and other applicable requirements as set forth in this chapter:
A.
The use is so designed, located and proposed to be operated that the public health, safety, welfare and convenience of the citizens will be protected.
B.
Adequate landscaping and screening is provided.
C.
Off-street parking as required by this chapter and off-street loading is provided, and ingress and egress is so designed as to cause minimum interference with traffic on abutting streets.
D.
The use conforms to all applicable regulations governing the district in which it is located.
§ 150-8.2 Application procedure.
A.
The Planning Board shall grant or deny an application for a conditional use within 95 days of submission of a complete application by an applicant to the Secretary of the Planning Board or within such further time as may be consented to by the applicant.
B.
The review by the Planning Board of a conditional use shall include site plan review. The time period for action by the Planning Board on conditional uses pursuant to Subsection A above shall apply to such site plan review. Failure of the Planning Board to act within the period prescribed shall constitute approval of the application, and a certificate of the Township Clerk as to the failure of the Planning Board to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval herein required and shall be so accepted by the county recording officer for purposes of filing subdivision plats.
C.
Whenever review or approval of the application by the County Planning Board is required by Section 5 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.3), in the case of a subdivision or Section 8 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.6), in the case of a site plan, the Verona Planning Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.
§ 150-8.3 Mixed uses.
A.
Mixed uses may be permitted upon authorization of the Planning Board in accordance with the following conditions and subject to site plan review when required:
(2)
Residential/office or retail mixed use. When residential units are mixed with retail or office space, the residential units shall not be located on the first floor in any building. Access to a residential unit at the street level shall not be construed to be a residential unit on the first floor.
(3)
Office/retail mixed use. When office space is mixed with retail space, the office space shall not be located on the first floor in any building. Access to office space from the street level shall not be construed as office space on the first floor.
B.
Conditional use requirements applicable to all mixed uses:
(1)
Mixed uses shall have an even distribution between principal uses within each building(s).
(2)
Parking for the various types of uses shall be provided in accordance with the requirements of Article XII of this chapter.
(3)
Not less than 20% of the lot shall be reserved for open space and landscaping.
(4)
A dense landscape buffer of not less than 15 feet shall be reserved between the mixed uses and any adjoining residential uses.
(5)
In the C-2 zone, site access must be from Bloomfield or Pompton Avenues.
§ 150-8.4 Automobile sales.
Automobile sales establishments may be permitted upon authorization by the Planning Board in accordance with the following standards and site plan review when required:
§ 150-8.5 Automobile service stations.
Automobile service stations may be permitted as a principal conditional use upon authorization by the Planning Board in accordance with the following standards and site plan review, when required:
A.
All storage areas, trash facilities, pits, lifts, and working areas shall be within a building. All lubrication, repair or similar activities shall be performed in an enclosed building, and no dismantled parts shall be placed or stored outside.
B.
All gasoline pumps, air pumps and the islands upon which pumps are normally located shall be set back from the street lot line at least 25 feet.
C.
A canopy shall be permitted. A canopy shall be no larger than is necessary to provide shelter for the vehicles and attendants associated with the pump area. The canopy may extend to the building. All lighting associated with the canopy shall be directed downward. There shall be a minimum clearance of 14 feet six inches under the canopy, and the total height of the canopy shall not exceed 18 feet. No more than two signs shall be permitted on the canopy. Signs may be internally illuminated and shall not exceed 10% of the surface area of the side of the canopy on which each sign is located.
D.
No junked or inoperable motor vehicle or part thereof and no unregistered motor vehicle shall be permitted outside an enclosed service station building. Vehicles awaiting repair may be parked overnight outside an enclosed service station building, but the number of such vehicles shall not exceed two per enclosed service bay.
E.
No other uses shall be permitted upon the lot unless such uses are accessory to the principal use as an automobile service station. This restriction shall not preclude incidental retail sales by means of vending machines on a limited basis. However, other uses, including, but not limited to, fast-service restaurants, convenience stores or retail stores, even if otherwise permitted in the zoning district, shall not be permitted.
§ 150-8.6 Business providing live entertainment.
A.
Businesses providing live entertainment shall provide said services wholly within an enclosed structure.
B.
Such live entertainment shall be conducted within a building within which seating space shall be provided for patrons. No area designated as patron standing room shall be permitted.
C.
Such building shall comply with the minimum requirements for fire safety, sanitary facilities and structural safety as established by the Uniform Construction Code.
D.
Off-street parking shall be provided in the amount as required by ordinance for the principal use to which such live entertainment is accessory and shall also be provided as follows:
(1)
Off-street parking shall be provided in the amount of one space per two seats plus 10% of the total required parking for seating related to live entertainment.
(2)
One space shall also be required for each 30 square feet of dance floor, stage area or other area devoted to live entertainment.
(3)
In no event shall require off-street parking be less than one off-street parking space for each three persons of maximum occupancy of such area devoted to live entertainment as established by the Uniform Construction Code regulations.
§ 150-8.7 Essential services.
A.
Enclosed or permanent structures; public utility services. Such uses shall include electric substations, transformers, switches and auxiliary apparatus serving a district area and water pumping station and shall be subject to the following regulations:
(1)
Such facility shall not be located on a residential street, unless no other site is available, and shall be so located as to draw a minimum of vehicular traffic to and through such street.
(2)
The location, design and operation of such facility may not adversely affect the character of the surrounding residential area.
B.
Open uses.
(1)
Such uses shall be limited to the erection, construction, alteration or maintenance, by public utilities or municipal or other governmental agencies, of underground or overhead electrical, gas, water transmission or distribution systems or collection, communication, supply or disposal systems, including poles, wires, mains, drains, sewer, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith reasonably necessary for the furnishing of adequate services by such public utilities or municipal or other governmental agencies or for the public health or safety or general welfare, but not including buildings. Open essential services shall not include any human or animal fecal matter or material.
§ 150-8.8 Home occupations.
Home occupations are permitted in all residential zone districts if the following conditions are met:
A.
The home occupation is clearly the subordinate use to the principal residential use.
B.
There shall be no employees other than those who reside on the premises.
C.
There shall be no visible change in the exterior appearance of the dwelling.
E.
There shall be no truck deliveries of merchandise other than normal delivery services such as UPS and Federal Express.
F.
No signs are permitted in conjunction with said home occupation.
G.
There shall be no outdoor storage in conjunction with the home occupation.
H.
Any home occupation that involves the tutorial instruction of music, art and academic subjects shall be limited to two students at one time.
I.
Any home occupation that involves the tutorial instruction of music, art and academic subjects shall be limited to four hours of tutorial instruction during a twenty-four-hour period.
J.
No more than two clients, customers or other business invitees are permitted at any one time per calendar day.
K.
The home occupation activity uses no equipment or process that creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, detectable by any neighbor.
L.
The home occupation activity does not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.
M.
Any home occupation that requires client visitation must not have a volume generated in excess of what is customary for residential use in the neighborhood.
§ 150-8.9 Donation drop box.
No person shall place, use or employ a donation clothing bin for solicitation purposes within the Township of Verona unless all of the following requirements are met:
A.
The person shall apply for and obtain a permit from the Construction Code Official. The application for the permit shall include, along with the required fee set forth in this chapter:
(1)
The location where the bin would be situated, as precisely as possible;
(2)
The manner in which the person, entity, or organization anticipates any clothing or other donations collected via the bin would be used, sold, or dispersed and the method by which the proceeds collected would be allocated or spent.
(3)
The name and telephone number of the bona fide office of any entity which may share or profit from any clothing or other donations collected via the bin.
(4)
Written consent of the property owner to place the bin on his property.
B.
Safety and maintenance.
(1)
Notwithstanding the provisions of anything contained in this chapter to the contrary, no donation clothing bin shall be placed, used or employed in a location that is considered by the Construction Code Official to cause a safety hazard. Placement that will be considered to pose a safety hazard includes, but is not limited to, placement within 100 yards of any place which stores large amounts of, or sells, fuel or other flammable liquids or gases. Placement of a donation clothing bin shall also be undertaken in a manner so as to reasonably consider and account for the personal safety of the persons using the clothing bins for the placement of clothing and/or unloading of donation clothing bins.
(2)
Notwithstanding the provisions of anything contained in this chapter to the contrary, no donation clothing bin shall be placed, used or employed pursuant to this chapter unless such donation clothing bin is free of rust, peeling, or other deleterious effects and subject to Chapter 390, Property Maintenance, of the Code of the Township of Verona, and its violation provisions.
(3)
Notwithstanding the provisions of anything contained in this chapter to the contrary, no donation clothing bin shall be placed, used or employed pursuant to this chapter unless appropriate maintenance obligations are met, which include, but are not limited to, keeping the donation clothing bin and surrounding placement area free of debris and other materials, and the required emptying of donation clothing bins of donations and contents on a periodic regular basis.
C.
Permit renewal. All persons who have obtained a permit pursuant to Subsection A above and wish to renew said permit shall submit, along with the required fee set forth in this chapter, an application for renewal prior to the expiration of the permit, which such renewal application shall include the following information:
(1)
The location where the bin is currently situated, as precisely as possible, and, if the person intends to move it, the new location where the bin would be situated and a written consent of the property owner to place the bin on his property;
(2)
The manner in which the person has used, sold, or dispersed any clothing or other donations collected via the bin, the method by which the proceeds of collected donations have been allocated or spent, and any changes the person anticipates it may make in these processes during the period covered by the renewal; and
(3)
The name and telephone number of the bona fide office of any entity which shared or profited from any clothing or other donations collected via the bin, and of any entities which may do so during the period covered by the renewal.
D.
Permit fee and duration.
(1)
The application fee, which must be submitted with the application, shall be $25.
(2)
The fee for a renewal of the permit, which must be submitted with the application, shall be $25.
(3)
All permits and renewals obtained shall be in effect for one year and shall expire on December 31 of the year in which the permit or renewal was issued.
E.
Bona fide office of permittee. The person, and any other entity which may share or profit from any clothing or other donations collected via the bin, must maintain a bona fide office where a representative of the person or other entity, respectively, can be reached at a telephone information line during normal business hours for the purpose of offering information concerning the person or other entity. For the purposes of this chapter, an answering machine or service unrelated to the person does not constitute a bona fide office.
F.
Notices required. The following information shall be clearly and conspicuously displayed on the exterior of the donation clothing bin:
(1)
The permit number and the date of expiration of that permit;
(2)
The name and address of the registered person who owns the bin, and any other entity which may share or profit from any clothing or donations collected from the bin;
(3)
The telephone number of the person's bona fide office and the telephone number of the bona fide office of any entity which may share or profit from any clothing or donations collected via the bin;
(4)
In cases where an entity other than the person who owns the bin may share or profit from any clothing or other donations collected via the bin, the notice shall also state that clothing or other donations collected via the bin, their proceeds, or both, may be shared, or given directly to, an entity other than the person who owns the bin, which such entity shall be identified; and
(5)
A statement indicating the manner in which the person, entity, or organization anticipates any clothing or other donations collected via the bin would be used, sold, or dispersed, and the method by which the proceeds of collected donations would be allocated or spent.
G.
Complaints and investigation.
(1)
The Construction Code Official, upon receipt of any complaint concerning a donation clothing bin, shall request that the Police Department perform an investigation within 30 days of the receipt of the complaint.
(2)
Any person who places a clothing bin in violation of this chapter or N.J.S.A. 40:48-2.61 shall be given a warning stating that if the violation is not rectified or a hearing with the Construction Code Official is not requested within 45 days, then the bin will be seized and removed at the expense of the person who placed the bin, and any clothing or other donations collected via the bin shall be sold at public auction or otherwise disposed of. This notice shall be placed on the donation clothing bin and forwarded to the last known address of the person who placed the bin at the location according to the Township's records.
(3)
If the person who placed the bin does not rectify the violation or request a hearing within 45 days of the posting of the warning, then the Township shall remove the bin or have it removed at the expense of the person who placed the bin and sell at public auction or otherwise dispose of the clothing or donations. All proceeds from the sale of the donations collected via the bin shall be paid to the Chief Financial Office of the Township.
H.
Additional fines and penalties. In addition to the remedies set forth in Subsection G above, any person who violates this chapter or N.J.S.A. 40:48-2.60 et seq. and as amended and or supplemented, which results in the seizure of the donation clothing bin shall be subject to the following:
(1)
A penalty up to $20,000 for each violation. The Township shall bring this action in Municipal Court or Superior Court in a summary proceeding under the Penalty Enforcement Law of 1999, P.L. 1999, c. 274 (N.J.S.A. 2A:58-10 et seq.). Penalty monies collected shall be paid to the Chief Financial Officer of the Township.
(2)
Deemed ineligible to place, use or employ a donation clothing bin for solicitation purposes. A person who is deemed ineligible may apply to the Construction Code Official to have that person's eligibility restored. The Construction Code Official may restore the eligibility of a person who:
§ 150-8.10 Cabanas.
A.
A cabana is a permitted accessory use/structure to a permanent pool.
B.
A cabana does not constitute a shed.
C.
Cabanas shall not be designed or constructed to include sleeping facilities;
D.
Cabanas shall be restricted in size to a total of 100 square feet of gross floor area.
E.
Cabanas shall be designed and constructed as freestanding, self-supporting structures.
F.
Cabanas shall be 10 feet from all property lines, be one story tall, and no higher than 15 feet.
§ 150-8.11 Massage parlors, masseurs and masseuses.
A.
License required.
(1)
No person shall operate any establishment or utilize any premises in the Township as or for a massage business unless and until there first has been obtained a license for the establishment or premises from the Township Clerk in accordance with the terms and provisions of this section.
(2)
No person shall render or perform services as a masseur or masseuse or engage in the business of or be employed as a masseur or masseuse unless and until he or she has obtained a masseur's or masseuse's license from the Township Clerk in accordance with the term and provisions of this section.
B.
Application. Each and every applicant for a license, either for an establishment or premises, to be used for a massage business or for a masseur's or masseuse's license, shall set forth the following information, in writing, on forms provided by the Township Clerk:
(1)
The name and address of the applicant and all former addresses for a period of three years prior to making the application.
(2)
The address of the establishment or premises to be used in the massage business and a physical description of the property and facilities, if the applicant desires a license for the establishment or premises.
(3)
If the applicant desires a masseur's or masseuse's license, a statement of all employment for a period of three years prior to making the application.
(4)
A statement as to whether or not the applicant, or any officer or director thereof, is a corporation has ever been convicted of a crime in this or any other state.
C.
Fee; late fee.
(1)
The applicant for a license for a massage establishment or premises shall pay an annual license fee of $250, which license fees shall become due on January 1 annually. The applicant for a masseur's or masseuse's license shall pay an annual license fee of $150, which license fee shall become due on January 1 annually.
(2)
The license shall be issued for one year, January 1 and expire on December 31. There will be no proration of fees. Any establishment or individual failing to renew a license, under this section, by January 31 shall be charged an additional $25 per license.
(3)
A condition for approval for the license is that all municipal taxes, liens and fees have been paid.
D.
Approval of license.
(1)
Each application for a license or the renewal thereof, either to operate a massage establishment or premises or to engage in the business of or to be employed as a masseur or masseuse, which is submitted to the Township Clerk shall be approved by the Township Council before any license is issued.
(2)
The Township Council shall not approve the application if, on the basis of the past criminal record of the applicant or of the principals thereof, or on the basis of other evidence of bad character or morals, it shall determine that the granting or renewal of such license would tend to encourage or permit criminal or immoral activities within the Township of Verona.
E.
Exemptions. The provisions of this section shall not apply to massage or physical therapy treatments given:
(1)
In the office of a licensed physician, osteopath, chiropractor or physical therapist.
(2)
In a regularly established medical center, hospital, or sanitarium having a staff which includes licensed physicians, osteopaths, chiropractors and/or physical therapists.
(3)
By any licensed physician, osteopath, chiropractor or physical therapist in the residence of his patient.
§ 150-8.12 Assisted living facilities.
[Added 8-19-2024 by Ord. No. 2024-28]
A.
License required. No person shall operate any establishment or utilize any premises in the Township as or for an assisted living facility unless and until the assisted living facility has received or will be eligible to receive a license from the State of New Jersey, Department of Health and Senior Services, pursuant to the provisions of applicable state statutes and regulations.
B.
Maximum number of beds/units. The maximum number of assisted living units in an assisted living residence shall not exceed 30 assisted living beds per acre.
C.
Area, yard, and bulk regulations for assisted living facilities. In lieu of the area, yard and bulk regulations established in § 150-17.11D for the C-2 District, with the exception of maximum lot coverage and maximum improved lot coverage, the following area, yard and bulk regulations shall apply to assisted living facilities.
(1)
Minimum lot size: 4.5 acres.
(2)
Minimum lot frontage and width: 45 feet.
(3)
Minimum front yard setback: 45 feet.
(4)
Minimum side yard setback: 20 feet for side yards adjacent to nonresidential uses and 30 feet for side yards adjacent to residential uses or residential zones.
(5)
Minimum rear yard setback: 50 feet.
(6)
Minimum landscaped buffer along residential uses and zones: 30 feet, except entrance driveways necessary for site access shall maintain a minimum landscape buffer of 10 feet.
(7)
Minimum 20 feet landscaped buffer along the rear property line.
(8)
Maximum height for principal building (stories/feet): three stories/40 ft.
(9)
Affordable housing requirements. A minimum of 15% of all bedrooms shall be set aside for very-low, low-, and moderate-income households in accordance with the pertinent affordable housing statutes, regulations, and shall follow the applicable standards set forth within the Uniform Housing Affordability Controls (UHAC) pursuant to N.J.A.C. 5:80-26.3-1 et. seq. The set-aside shall be reflected and documented in a deed restriction.
(10)
Minimum parking requirements. Sufficient parking shall be provided on the site to accommodate the maximum number of employees during the peak shift period plus 0.5 parking spaces per unit.
(11)
Any deviation from the maximum lot coverage and/or maximum improved lot coverage shall be requested pursuant to N.J.S.A. 40:55D-70(c).
D.
Assisted living facilities in the C-2 Zone shall be located on properties with lot frontage on Grove Avenue, Commerce Court, or Pompton Avenue.