Ordinance No. 16-27

Introduced: November 14, 2016
Public Hearing: December 12, 2016
Status: Adopted

An ordinance amending Chapter 330-184.B adding an additional permitted use for the town center and C-2 zone

WHEREAS, the Land Use Board of the Township of Vernon adopted the current Vernon Master Plan pursuant to Article 3 of the MLUL (N.J.S.A. 40:55D-28) in July 2010 along with a Reexamination Report; and

WHEREAS, Ordinance #13-04 designated permitted uses in the Town Center and C-2 zone as set forth in Chapter 330-184.B;

WHEREAS, the Vernon Township Council now wishes to amend Chapter 330-184.B to add an additional permitted uses: Brewpub, Craft Brewery, Distilleries and Wineries.

NOW, THEREFORE BE IT ORDAINED, by the Township Council of the Township of Vernon as follows:

BE IT ORDAINED by the Township Council of the Township of Vernon, County of Sussex and State of New Jersey that Chapter 330-185.B of the Code of the Township of Vernon is hereby amended as follows:

SECTION I.

Chapter 330-184.B is hereby amended to supplement Subsection (3) adding permitted uses as follows:

(3) Permitted Uses

A mix of uses is permitted based on building types designated as such. Unless expressly permitted below, all other uses are deemed to be prohibited.

  1. Antiques Shop.
  2. Arts Center or Gallery.
  3. Age-restricted Housing: Defined as residential units with a minimum of 80% of the residences occupied by persons 55 years of age and older, and the remainder not having any units occupied by persons less than 45 years of age, are permitted. Age-restricted housing is permitted on second floors over retail/commercial uses. Age-restricted housing is permitted in a stand-alone building when fronting on secondary streets. Age-restricted housing is not permitted in basement levels.
  4. Apartments/Condominiums: Permitted on the upper floor(s) above commercial and retail uses. Apartment and condominiums buildings are permitted when fronting on secondary streets. Apartments are not permitted in basement levels unless part of a single unit with above ground residential space.
  5. Banks, Savings and Financial Institutions.
  6. Banquet Halls and Catering Facilities.
  7. Bed-and-Breakfast: Permitted with a maximum of 15 rooms.
  8. Bus Shelters: Design shall be consistent with the street furniture.
  9. Business Services.
  10. Child Care Center: Shall be permitted, consistent with NJSA 40:55D-66.6. They may be located on the first or second floor of buildings. Children pick-up and/or drop-off area(s) shall not be directly located in Main Street, Route 94, or Route 515.
  11. Civic and Institutional Uses, including Governmental Uses.
  12. Community Centers.
  13. Community Residences for the Developmentally Disabled: Permitted on the second floor of mixed use buildings or residential buildings having an ADA accessible elevator.
  14. Convenience Stores: Permitted having a minimum of 1,500 square feet and a maximum 4,000 square feet.
  15. Cultural Facilities.
  16. Drive-Through Facilities: Permitted as an accessory use to a principal permitted use when located to the side or rear of a facility.
  17. Health Care Facility.
  18. Health Clubs.
  19. Health Services.
  20. Inns and Bed and Breakfast Facilities: Permitted with a fifteen (15) room maximum.
  21. Live/Work Units: Permitted with first floor commercial and second, or upper floor residential space.
  22. Non-Residential (social type) Lodge: Permitted on second floor of mixed use buildings or in a stand-alone building.
  23. Offices and Office Buildings (Not permitted on the first floor on Main Street).
  24. Place of Worship.
  25. Retail and Service Establishments.
  26. Recreation Facility, Commercial, Public, or Private: Permitted as indoor facilities or outdoor public park, plaza or square.
  27. Restaurants: Fast food restaurants shall be permitted on the first floor only of mixed-use buildings or as separate stand-alone facilities provided they are not fronting on Main Street.
  28. Restaurant, take out or pick up facilities: permitted on the first floor.
  29. School Bus Shelter: Design shall be consistent with the street furniture.
  30. Shelter and Adult Care Facilities.
  31. Shopping Center and Specialty Shopping Centers: defined as having two or more retail establishments. The minimum lot size shall be 2 acres and a maximum building size shall be 50, 000 square feet, having a minimum of two retail establishments, one such retail establishment shall have a minimum of 4,000 square feet.
  32. Solar or Photovoltaic: See Article XXI, Solar Zoning and Standards, Sections 330-260 and 330-261.
  33. Specialty Food Store: Permitted with a 1,500 Square feet minimum and 4,000 square feet maximum size for the use.
  34. Supermarket: Permitted with maximum of 90,000 square feet of gross building area with a required two-story building design.
  35. Temporary Outdoor Activity: Permitted with written permission from the Township of Vernon.
  36. Theaters and Amphitheaters.
  37. Bars, Brewpubs, Craft Breweries or Distilleries or Wineries.

SECTION II. If any article, section, subsection, sentence, clause or phrase of this Ordinance is, for any reason, held to be unconstitutional or invalid, such decision shall not affect the remaining portions of this Ordinance and they shall remain in full force and effect.

SECTION III. In the event of any inconsistencies between the provisions of this Ordinance and any prior ordinance of the Township, the provisions hereof shall be determined to govern. All other ordinances of the Township are hereby ratified and confirmed, except where inconsistent with the terms hereof.

SECTION IV. This Ordinance shall take effect following publications as permitted by law.