 |
|
|
|
ORDINANCE NO.
4 – 2008 AN ORDINANCE CREATING A
NEW “REUSE OF EXISTING BUILDINGS OVERLAY DISTRICT” IN A PORTION OF THE R-10
ZONE, PERMITTING THE REUSE OF EXISTING BUILDINGS
FOR MULTIPLE USES AS A CONDITIONAL USE, AMENDING CHAPTER XXI
“ZONING REGULATIONS” OF THE LAND USE ORDINANCE
OF THE BE
IT ORDAINED BY THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM, IN THE COUNTY
OF MORRIS, NEW JERSEY,
as follows: SECTION 1.
Chapter
XII, Definitions, is hereby amended to add the following new definitions: “Age-restricted
residences. Dwellings restricted to
occupancy by residents 55 years of age or older consistent with the Federal Fair
Housing Act.” “Assisted
Living Facility. Residences for the
frail elderly and/or physically impaired that provide rooms, meals, personal
care, supervision and other services, such as recreational activities and
transportation.” “Day
Care Facility. A facility that
provides for the day care, supervision, and protection of children or the
elderly but provide no overnight care.” “Hospice.
An institutional use providing medical care and other services to the
terminally ill.” “Intermediate
Care Facility. A facility that
provides, on a regular basis, personal care, including dressing and eating and
health-related care and services, to individuals who require such assistance but
who do not require the degree of care and treatment that a hospital or skilled
nursing facility provides.” “Long-term
Care Facility. An institution that
is licensed or approved to provide health care under medical supervision for
twenty-four or more consecutive hours to two or more patients.” “Non-Profit
Office. A room or group of rooms
used for conducting the affairs of a governmental agency, or a non-profit
organization qualified under the 501 (c) (3) rules, and generally furnished with
desks, tables, files, and communications equipment.” SECTION 2.
Chapter XXI, Section
21-2.1, Zone Districts, of the Land Use Ordinance is hereby amended to
insert a new overlay zone district as follows: “Reuse of Existing Buildings
Overlay Zone within the R-10 Zone district retaining the underlying R-10 zone
plan and requirements” SECTION 3.
Section 21-2.2, Zoning Map and Schedule of Requirements,
of the Land Use Ordinance of the “21-2.2
Zoning Map and Schedule of Requirements.
A portion of the property designated on the official tax map of the
Township of Mendham as Block 100, Lot 17.03, which portion is delineated and
designated on the map entitled “Township of Mendham, Morris County, New
Jersey, Zoning Map,)
including the Schedule of Requirements appearing thereon, is hereby designated
as an overlay zone district within the R-10 Zone entitled the “Reuse of
Existing Buildings Overlay Zone.” SECTION
4.
A new section, section 21-5B is hereby created to read as follows: “21-5B
REUSE OF EXISTING BUILDINGS OVERLAY ZONE 21-5B.1
Alternate reuse of existing
buildings. In addition to the
uses permitted in the underlying R-10 Zone, any combination of the following
uses are permitted as a conditional use provided that the standards of section
21-4.6.g., Reuse of Existing Buildings, are met: a.
Principal permitted uses: (1)
Governmental
uses. (2)
Churches,
houses of worship, and related religious uses. (3)
Elementary,
intermediate and high schools teaching academic subjects. (4)
Public
assembly hall or theater ancillary to (1), (2), or (3) above. (5)
Non-profit
office uses. (6)
Assisted
living facility. (7)
Hospice. (8)
Intermediate
Care Facility (9)
Long-term
Care Facility (10)
Age restricted
residences. (11)
Day care
facility. (12) Gymnasium
use in the existing gymnasium building.
(13) Residences for
onsite employees of the uses located in the Reuse of
Existing
Buildings Overlay district.
(14) Administrative
offices for building owners.
(15) On-site affordable
housing to accommodate any growth share in
accordance with subsection c. below. b.
Permitted
accessory uses:
Any use normally accessory and incidental to the principal permitted use. c.
Affordable
housing required for change of use triggering growth share. Any
redevelopment of existing buildings that involves a change of use of existing
structures and generates a growth share requirement or other affordable housing
requirement under Council on Affordable Housing (COAH) rules (N.J.A.C. 5:94-1 et
seq. as amended and supplemented) shall accommodate the required number of
affordable units, including any rental
requirement, on site. In
this regard, the applicant shall furnish the Board with an analysis indicating
the number of existing and proposed dwellings if any, as well as the amount of
square footage devoted to existing nonresidential uses as compared to the
square footage to be devoted to proposed
nonresidential uses in accordance with COAH rules, as amended and
supplemented.” SECTION 5. Section
21-4.6, CONDITIONAL USES, is hereby amended to add a new subsection to
read as follows: “21-4.6.g.,
REUSE OF EXISTING BUILDINGS. Existing
buildings in the Reuse of Existing Buildings Overlay Zone district may be reused
for any of the uses listed in section 21-5B.1 provided the following regulations
and standards are met: 1.
Any reuse of
existing buildings involving a change of use shall require conditional use
approval in accordance with this section. 2.
The lot area must
be at least 18 acres in 3.
No new building
floor area shall be created except for minor alterations that may be needed for
code compliance, handicapped access or other improvements that do not
significantly alter the building area. 4.
The total
impervious surface coverage shall be no more than 218,000 square feet.
5.
Any use providing
medical care shall provide its own ambulance service for its patients. 6.
The amount of
existing building floor area devoted to the uses permitted in the Reuse of
Existing Buildings Overlay Zone shall be shown on the site plan together with a
calculation of the total floor area proposed to be devoted to each use.
The following parking standards shall be utilized as a gauge for
determining the maximum intensity of use. For
the purpose of this section, higher intensity uses are those that generate more
need for parking. Accessory uses
shall be counted as the principal use. The
total intensity of reuse of buildings for any combination of permitted uses
shall not exceed a total of 200 parking spaces theoretically needed as
calculated utilizing the following standards:
The above parking standards are solely intended for
calculating the maximum intensity of use. The
ability to physically provide more than 200 parking spaces on site shall not
constitute a valid reason to reuse building space with a higher percentage of
higher intensity uses. SECTION 6 .
This
ordinance shall take effect after final passage and publication pursuant to law. Introduced:
February 26, 2008 Adopted:
Effetcive Attest:
IN THE ________________________
By: ________________________ Ann Carlson,
Township Clerk
|
|
