[Added 12-14-2006 by Ord. No. 31-2006; amended 11-23-2009 by Ord. No. 18-09]
[Amended 5-12-2016 by Ord. No. 15-16]
The B-P2 District is intended to encourage the development of
certain limited small-scale service establishments and professional
office uses that provide services primarily to residents of the community.
In appropriate locations and circumstances as set forth in this article,
the district also promotes the development of certain retail sales
establishments, gasoline stations, restaurants and housing.
The following principal uses shall be permitted in the B-P2 Zone District, except as prohibited by § 166-186.10 or as may otherwise be prohibited by this chapter:
A.
Service establishments limited to barber shops, beauty salons, hair
and nail salons, diet and weight-reducing centers, tanning salons
and saunas, electrolysis, funeral homes, laundry and dry-cleaning
services, but excluding commercial laundries and dry-cleaning operations
performed on the premises, tailor and garment care services, shoe
repair services and portrait photographic studios.
B.
Financial and banking service establishments.
C.
Business, administrative and professional offices.
E.
Multifamily and single-family attached residential dwellings, as regulated by § 166-186.11B.
F.
Residential dwelling units located in a mixed-use (nonresidential-residential) building and where the dwelling units are located on the upper floors of the building (i.e., not on the ground or basement floor), as regulated by § 166-186.11C.
G.
Uses permitted in all zone districts or in all nonresidential zone
districts by this chapter and as regulated by this chapter.
The following accessory uses and structures shall be permitted
in the B-P2 Zone District, all as may be regulated by this chapter
or by other applicable law:
[Amended 5-12-2016 by Ord. No. 15-16]
The following conditional uses and structures shall be permitted in the BP-2 District only if they comply with the appropriate regulations for such uses or structures set forth in this section. Such uses shall also be required to comply with the requirements for nonresidential uses in § 166-186.11 below and other applicable requirements of this chapter, provided that only violations of the requirements in Subsections A and B below shall be construed as violations of conditional use requirements. In case of conflict between the conditional use regulations of this section and other requirements of this chapter, the conditional use regulations shall control.
A.
Restaurants other than fast-food restaurants; retail sales establishments
limited to pharmacies and drug stores, paint, glass and wallpaper
stores, automotive parts and accessories stores excluding tire dealers,
hardware stores, food and beverage stores, convenience stores, clothing
and clothing accessories stores, sporting goods, hobby, and musical
instrument stores, and general merchandise stores; and video rental
stores. The aforesaid uses shall be permitted only if they comply
with the following requirements:
(1)
The use shall be located on a corner lot having frontage on
both Parsippany Road and Whippany Road.
(2)
All buildings and paved areas devoted to the use shall be located
within 400 feet of the intersection of the center lines of Parsippany
Road and Whippany Road.
(3)
Principal buildings shall be oriented so that the primary building
facade faces Parsippany Road and not Whippany Road. The primary building
facade shall be that facade containing the main public entrance to
the building and the primary wall-mounted sign for the building, if
any.
(4)
Access shall be designed so that the primary access driveway
shall be from Parsippany Road. Access to Whippany Road shall be limited
to exit driveways only.
(5)
No individual use shall exceed a gross floor area of 20,000
square feet.
B.
Gasoline stations, alone or on the same lot as other, permitted uses, shall be permitted only if they comply with the requirements in § 166-150A, as well as the following requirements:
(1)
All buildings and paved areas devoted to the use shall be located
within 400 feet of the intersection of the center lines of Parsippany
Road and Whippany Road.
(2)
Principal buildings shall be oriented so that the primary building
facade faces Parsippany Road and not Whippany Road. The primary building
facade shall be that facade containing the main public entrance to
the building and the primary wall-mounted sign for the building, if
any.
(3)
Access shall be designed so that the primary access driveway
shall be from Parsippany Road. Access to Whippany Road shall be limited
to exit driveways only.
(4)
There shall be no repair, maintenance or washing of motor vehicles
conducted on the premises, except for customary services provided
while refueling motor vehicles, such as adding vehicle fluids, washing
windows, etc., and except for a self-service air pump for tires.
Any use other than those listed in §§ 166-186.7 and 166-186.8 is prohibited. In addition, and notwithstanding the permitted principal, accessory and conditional uses provided by this article, the following uses are specifically prohibited:
A.
Establishments engaged in retail sales, except for retail sales uses specifically permitted by § 166-186.9 and except for retail sales which are incidental and accessory to other permitted principal uses.
B.
Dry-cleaning establishments where the dry cleaning is done on the
premises.
C.
Any business conducted outside the confines of a building, except for gasoline stations as regulated by § 166-186.9 and except that uses permitted by §§ 166-186.7 and 166-186.9 that include a drive-in or drive through component accessory to the principal use shall not be prohibited.
[Amended 5-12-2016 by Ord. No. 15-16]
D.
Fast-food restaurants.
E.
Any building, structure or use which would create an undue hazard
of fire, explosion or nuisance by reason of odor, noise, dust or smoke
or which in any way would be detrimental to the health, public morals
and public safety of the community.
The following requirements must be complied with in the B-P2
Zone District:
A.
Nonresidential uses. Permitted nonresidential uses shall comply with
the following requirements:
(1)
Minimum lot area: 15,000 square feet, with a contiguous area
of at least 15,000 square feet located outside of wetland areas or
wetland transition areas as determined by a letter of interpretation
and as may be determined by the issuance of a permit or permits under
the Freshwater Wetlands Protection Act from the New Jersey Department
of Environmental Protection.
(2)
Minimum lot width: 100 feet, measured at the required minimum
front yard setback line.
(3)
Average lot width: 100 feet within 150 feet of the front lot
line, calculated such that there shall be at least 15,000 square feet
of lot area within 150 feet of the front lot line.
(4)
Minimum lot frontage: 100 feet.
(5)
Minimum front yard depth: 50 feet.
(6)
Minimum side yard depth: 15 feet, unless a greater dimension
is required for a buffer as required by this section.
(7)
Minimum rear yard depth: 25 feet, unless a greater dimension
is required for a buffer as required by this section.
(8)
Maximum floor area ratio: 25% of the lot area or 25,000 square
feet, whichever is less.
(9)
Maximum building coverage: 25% of the lot area.
(10)
Maximum improvement coverage: 70% of the lot area.
(11)
Maximum building height: 35 feet, exclusive of roof-mounted
equipment, chimneys or other minor architectural features. The foregoing
roof equipment and structures shall not exceed five feet in height
above the roof portion to which they are attached, nor shall their
total area exceed 5% of the roof area to which they are attached.
(12)
Buffer requirements. All of the applicable requirements of § 166-125 shall be complied with; in addition, nonresidential development on any property abutting a property in the B-P2 District that is developed with a residential use, excluding mixed nonresidential-residential use, shall provide a buffer in the same manner as a nonresidential zone abutting a residential zone, as required by § 166-125.
(13)
Riparian buffer. No buildings or paved areas shall be permitted
within 75 feet of the waterlines of the Whippany River as depicted
on Sheet J-22 of a map, entitled "Delineation of Floodway and Flood
Hazard Area, Whippany River - Malapardis River," prepared by the New
Jersey Department of Environmental Protection, and last revised April
1987. Said map is available in the office of the Engineering Department
for inspection. The waterlines on said map are depicted with the symbol,"_____....._____".
No lawn, detention basin, retention basin or similar improvements
shall be permitted within 50 feet of the waterlines of the Whippany
River as depicted on said map; said area shall remain in a natural
condition. Notwithstanding the foregoing, pathways designed to provide
access for open space and recreational purposes shall be permitted
within required riparian buffer areas.
(14)
Minimum number of parking spaces: One off-street parking space
for every 200 square feet of gross floor area or part thereof.
(15)
Location of parking and loading areas. Parking and loading areas for the conditional uses in § 166-186.9 shall be located at least 20 feet from front lot lines, except for driveways providing direct access from or egress to a street. Parking and loading spaces for all other nonresidential uses shall be prohibited in the front yard. Parking and loading areas in the side and rear yards and driveways in the front yard shall be located at least 10 feet from any side lot line or rear lot line, unless a greater dimension is required for a buffer as required by this section.
(17)
Landscaping.
(a)
Attractive landscape plantings shall be provided
as required by all applicable laws and regulations and approved during
the site plan review process.
(b)
Existing trees shall be retained wherever possible.
Removal and preservation of trees shall comply with all applicable
regulations of the Township of Hanover and any other entity having
jurisdiction.
(c)
Shade trees shall be evenly distributed within
and/or around the perimeter of parking areas at a ratio of at least
one tree for each 10 parking spaces, exclusive of spaces located within
garages, beneath buildings or within driveways providing direct access
to garages.
B.
Multifamily and single-family attached residential dwellings. The
development of multifamily and single-family attached residential
dwellings shall be subject to the following requirements:
(1)
Minimum tract area: 10 acres, with at least seven contiguous
acres located outside of wetland areas or wetland transition areas
as determined by a letter of interpretation and as may be determined
by the issuance of a permit or permits under the Freshwater Wetlands
Protection Act from the New Jersey Department of Environmental Protection.
(2)
Maximum tract density: eight dwelling units per gross acre of
the tract.
(3)
Minimum front yard, buildings: 200 feet from Parsippany Road
or Whippany Road; 28 feet from the pavement of any internal street
to the development.
(4)
Minimum side and rear yards: 40 feet; but 50 feet from any lot
used primarily for a detached single-family dwelling, unless a greater
dimension is required for a buffer as required by this section.
(5)
Minimum distance between buildings. The following minimum dimensions
shall separate principal buildings:
(a)
Front wall facing front wall: 85 feet.
(b)
Front wall facing rear wall: 60 feet.
(c)
Front wall facing end/side wall: 50 feet.
(d)
End/side wall facing end/side wall: 30 feet.
(e)
End/side wall facing rear wall: 30 feet.
(f)
Rear wall facing rear wall: 50 feet.
(g)
In case of uncertainty as to the definition of "front," "rear,"
"end/side" walls, or in case the angle of the walls facing each other
makes interpretation of the required setbacks uncertain, the more
restrictive of possible interpretations shall apply.
(6)
Maximum height of principal buildings. No building shall exceed
45 feet in height or three stories.
(7)
Accessory buildings. Accessory buildings shall comply with the applicable provisions of § 166-114; provided, however, that a building designed and used as a community center, meeting rooms, indoor recreational facilities, etc., shall comply with the following requirements:
(8)
Maximum coverage by buildings and other roofed structures. The
coverage by buildings and other roofed structures shall not exceed
20% of the tract area.
(9)
Maximum coverage by all improvements. The coverage by all improvements,
including buildings, paved areas and other improvements other than
soil, organic mulch and vegetation, shall not exceed 50% of the tract
area.
(10)
Buffer requirements. All of the applicable requirements of § 166-125 shall be complied with; in addition, development of active adult dwellings on any property abutting a property in the B-P2 District that is developed with a single-family or two-family residential use shall provide a buffer in the same manner as a multifamily residential zone abutting a residential zone, as required by § 166-125.
(11)
Riparian buffer. The riparian buffer requirements of § 166-186.11A(13) above shall apply to multifamily and single-family attached residential developments.
(12)
Open space. At least 10% of the land area of the tract shall
be reserved for open space and active and passive recreation facilities.
For purposes of determining compliance with this requirement, the
following areas shall not be credited toward the ten-percent land
area requirement:
(a)
Water areas and areas within wetlands or wetland
transition areas.
(b)
Areas within 50 feet of Parsippany Road and Whippany
Road.
(c)
Areas within 25 feet of side or rear lot lines.
(d)
Areas which are not reasonably accessible by pedestrians
or which pedestrians are not permitted to enter.
(e)
Areas within 25 feet of site buildings, parking
areas, roadways and driveways, unless such areas are designed to provide
recreational services (e.g., clubhouse, community center, etc.).
(f)
Buildings, parking areas, driveways and other paved
areas used for nonrecreational purposes.
(13)
Building design.
(a)
Building dimension. The horizontal dimension of
buildings shall not exceed 200 feet on any facade.
(b)
Front wall horizontal projection. The front wall
of all principal buildings shall provide horizontal projections and/or
recesses designed to provide visual interest and avoid large blank
walls as viewed from the street or internal roadways.
(c)
Front wall material. The front wall of all principal
buildings shall be surfaced with at least two different materials,
including but not limited to brick, wood, stucco and similar materials.
Each of the two required materials shall comprise at least 25% of
the front wall surface area.
(d)
Roof pitch. The minimum roof pitch of all buildings
shall be at least 33% (i.e., 1:3).
(e)
Windows and doors. At least 15% of the surface
area of the exterior wall on the front and rear of all principal buildings
shall be comprised of windows and doors. Both pedestrian and garage
doors shall be included in determining compliance with the foregoing
requirement. The wall surface area shall be measured from the ground
to the roof eaves, exclusive of gables located above the roof eaves.
Walls facing interior courts shall be exempted from this requirement.
(14)
Access, circulation and parking. The design and amount of site
access, circulation and parking shall be in accordance with the requirements
of the New Jersey Residential Site Improvement Standards (N.J.A.C.
5:21-1 et seq.). In addition, the following provisions shall apply:
(a)
Parking areas shall not be located in the front
yard between principal buildings and any improved public street. Individual
driveways providing access to garage parking spaces shall not have
direct access to a public street but may have direct access to an
internal roadway.
(b)
Buildings shall be located at least 25 feet from
internal roadways, driveways and access aisles, except for driveways
located in front of garage doors.
(c)
Parking areas and driveways shall be set back at
least 20 feet from all property lines abutting a residential zone
or property developed with a residential use, and at least 10 feet
from all other property lines, except when more stringent requirements
may apply pursuant to this chapter.
(d)
Parking areas shall be set back at least 10 feet
from building walls, except garage parking and parking spaces in driveways
located in front of garage doors.
(e)
Parking areas shall be set back at least 10 feet
from the traveled way of internal roadways, except that parking spaces
adjacent to the traveled way and which use the traveled way for direct
access to the space shall be exempt from this requirement.
(15)
Landscaping.
(a)
Attractive landscape plantings shall be provided
as required by all applicable laws and regulations and approved during
the site plan review process.
(b)
Existing trees shall be retained wherever possible.
Removal and preservation of trees shall comply with all applicable
regulations of the Township of Hanover and any other entity having
jurisdiction.
(c)
Shade trees shall be evenly distributed within
and/or around the perimeter of parking areas at a ratio of at least
one tree for each 10 parking spaces, exclusive of spaces located within
garages, beneath buildings or within driveways providing direct access
to garages.
(17)
Affordable housing requirements. Any development of multifamily
and single-family attached dwellings containing at least five dwelling
units shall be required to include as part of the development affordable
housing in accordance with the following:
(a)
At least 25% of the total number of housing units
shall be affordable.
(b)
Affordable housing units shall be constructed in
accordance with the following schedule:
|
Percentage of Market-Rate Units Completed
|
Minimum Percentage of Low- and Moderate-Income Units Completed
|
|---|---|
|
25
|
0
|
|
25 + 1 unit
|
10
|
|
50
|
50
|
|
75
|
75
|
|
90
|
100
|
(c)
To the extent feasible, affordable units shall
be fully integrated with market-rate units.
(d)
The development shall ensure that affordable units
utilize the same heating source as market-rate units within the inclusionary
development and have access to all community amenities available to
market-rate and subsidized in whole by association fees, if applicable.
(e)
The first floor of all townhouse dwelling units
and other multistory dwelling units shall comply with all applicable
requirements of N.J.A.C. 5:97-3.14.
(f)
The affordable units shall comply with N.J.A.C.
5:97-9 and the Uniform Housing Affordability Controls set forth in
N.J.A.C. 5:80-26.
(g)
Prior to marketing completed affordable housing
units, the following documentation shall be submitted to and approved
by the Township:
[1]
A draft or adopted operating manual that includes
a description of the program procedures and administration in accordance
with the Uniform Housing Affordability Controls set forth in N.J.A.C.
5:80-26.
[2]
An affirmative marketing plan in accordance with
the Uniform Housing Affordability Controls set forth in N.J.A.C. 5:80-26.
[3]
Designation of an experienced administrative agent,
including a statement of his or her qualifications, in accordance
with N.J.A.C. 5:96-18.
(h)
Affordable housing units shall comply with all
other applicable requirements of the New Jersey Council on Affordable
Housing at N.J.A.C. 5:97.
C.
Residential dwelling units located in a mixed use (nonresidential-residential)
building. In addition to the requirements for nonresidential uses,
the following requirements shall apply:
(1)
Residential uses shall only be permitted in the principal building.
(2)
All dwelling units shall be located on the upper floors of the
building and shall not be located on the ground or basement floor),
except that the ground floor may be used to provide access, mail delivery
and other functions for the dwellings that must necessarily be provided
on the first floor, and except that dead storage and mechanical equipment
ancillary to the dwelling unit's use shall be permitted within a basement.
(3)
The floor area devoted to residential use shall not exceed 60%
of the gross floor area of the principal building.
(4)
The year-round habitable floor area for each dwelling unit shall
not be less than 300 square feet, plus 300 square feet for each bedroom
in the dwelling unit. Each dwelling unit shall contain at least one
bedroom.
(5)
No more than two dwelling units shall be permitted in any building
or on any lot.
(6)
No residence shall be permitted in the same building or on the
same lot with a nonresidential use that operates between the hours
of 10:00 p.m. and 6:00 a.m.
(7)
No residence shall be permitted on the same lot as any nonresidential
use involving the fueling of motor vehicles.
(8)
Any developer of a mixed nonresidential/residential development
shall demonstrate, as part of any site plan review, that the nonresidential
and residential uses are compatible with each other, and will not
result in parking, access or safety concerns, or nuisance concerns
related to excessive noise, smoke, odors, nighttime illumination,
vibration and other impacts.
