JACKSON SHULS MAY STILL BE REQUIRED TO SEEK ZONING BOARD APPROVAL EVEN UNDER THE NEW ORDINANCE


Jackson Township's Council last night made a historic move towards enabling proper shuls to be legalized and built in the Township, by introducing Ordinance 14-23 which will lighten the property area and setback requirements currently imposed on Houses of Worship.


A review of the introduced Ordinance shows, however, that many future shul applications may still require variances from the Zoning Board - something that shul applicants have been trying at all costs to avoid. The Planning Board includes Chairman Tzvi Herman, Mordy Bernstein, and Shimshi Heller, however, the Zoning Board includes James Hurley, Raymond Lovacco, and Jeanine Kaunitz Fritch, and now, Gregg Staffordsmith as well.




Use Variances which are for non-permitted uses, can only be granted by the Zoning Board "in particular cases for special reasons." When the use is permitted, then the application is heard by the Planning Board. If the application conforms to all the bulk requirements, including the minimum lot area, then the application is deemed fully conforming and the Planning Board technically can not deny the application. If the application does seek variances from the bulk requirements then the Planning Board can deny the application unless the applicant can testify that the application advances the purposes of the Municipal Land Use Law and that the benefits of the granting a deviation from the zoning requirements significantly outweighs any detriments.


However, there is also a third, mid-way category, known as a Conditional Use. Fully conforming conditional use applications are presented to the Planning Board. Conditional Use applications with bulk variances, however are required to be presented to the Zoning Board.


Herein is the catch - shuls in Jackson are currently only permitted as a Conditional Use, and under the amended Ordinance they will remain permitted only as a Conditional Use. Therefore, any new shul applications which seek bulk variances will still be required to seek relief from the Zoning Board.


Under the Township's current zoning ordinances, houses of worship are permitted as a conditional use in the R1, R2, R3, R5, R9, R15, R20, PMURD, MF, MUNC, HC and NC zones provided that the lot, use and structures shall adhere to the following:


Lots shall not have their primary frontage or access on a residential access or residential neighborhood street or any lower order street, as defined by the Residential Site Improvement Standards.


The required minimum lot area shall be two acres.

The required minimum lot width shall be 200 feet.

The required minimum lot frontage shall be 200 feet.

No principal building shall be located closer than 100 feet to any public street right-of-way and no closer than 50 feet to any rear or side property line.

No accessory building or structure shall be permitted in any front yard, nor shall any accessory building or structure be located closer than 30 feet to any rear or side property line.

The maximum permitted building coverage shall be 25%.

Perimeter buffer. A landscaped buffer shall be required around the entire length of side and rear property lines, except where access drives or other accessory features must, of necessity, traverse this reserved strip. The minimum landscape buffer widths shall be as follows: From a nonresidential use or district: 25 feet. From a residential use or district: 50 feet. A required buffer shall be landscaped with trees, shrubs, and other suitable plantings for beautification and screening. Natural vegetation should be retained to the maximum degree possible. On those sites where no existing vegetation is present or existing vegetation is inadequate to provide screening, the applicant shall suitably grade and plant the required buffer area, such that this planting shall provide an adequate screen of at least six feet in height so as to continually restrict the view. A minimum on-center distance between plantings shall be such that upon maturity the buffer will create a solid screen. The buffer may be supplemented with a fence of solid material where necessary.


Other site standards: The front yard, exclusive of walkways, pavilion areas, or driveways, shall be landscaped with grass, trees, shrubs, ground cover, flowers, existing vegetation, or any suitable combination thereof. Plantings shall conform, however, to restrictions on corner lot placement, in order to protect visibility.


Under the introduced amended ordinance, houses of worship will also be permitted as a conditional use in the R30, RG2, and RG3 zones.


Houses of worship will be permitted to include a social (banquet) hall for hosting events related and ancillary to the practice of religion, a mikvah (which may be part of the shul building or a principal use in a freestanding building), and a parsonage house or dwelling unit for the religious leader (it is unclear whether this will be permitted only as part of the shul building or even in a separate freestanding building).


In the R1, R2, R3, R5, R20, R30, RG2, RG3, HC, NC, PMURD, MUNC and MF zones:


As in the existing ordinance, lots shall not have their sole frontage or access on a residential access or residential neighborhood street or any lower order street, as defined by the Residential Site Improvement Standards.


In a NC or HC zone a house of worship is permitted on a local street. 


The required minimum lot area shall be one acre.

The maximum building height of any principal structure shall be 35 feet.


Bulk Standards for houses of worship on lots between one and two acres:


The required minimum lot width shall be 150 feet or the requirement of the zone, whichever is greater.

(It appears that the existing minimum lot frontage will be eliminated).

Minimum Lot Depth: 200’ or the requirement of the zone, whichever is greater

Minimum Front Yard: 60’

Minimum Side Yard (each): 20’

Minimum Rear Yard: 50’

Maximum building coverage: 20% of the gross lot area or the maximum permitted in the zone, whichever is greater

Maximum lot coverage: 70% of the gross lot area

Parking shall be permitted in the front yard provided parking is set back 15 feet from the public street right-of-way. Parking located within a front yard shall be screened from the adjacent right-of-way with a hedgerow or closely grouped cluster of plantings that shall be maintained at a height of no less than 20” and no greater 30”. In no event shall screening interfere with sight triangles.

Parking area, circulation drive and/or accessory structure setback to any side or rear property line adjacent to a residentially zoned property shall be 10 feet.

Parking area and circulation drive setback to any side or rear property line adjacent to commercially or industrially zoned properties shall be 3 feet.

A decorative, solid six 6 foot fence and and/or natural vegetative buffer of a minimum width of 5’ shall be provided along all parking, circulation drives and structures adjacent to residential zones or properties improved with residential uses.


Bulk Standards for houses of worship on lots two acres or greater:


The required minimum lot width shall be 200 feet.

The required minimum lot frontage shall be 200 feet.

No principal building shall be located closer than 100 feet to any public street right-of-way and no closer than 50 feet to any rear or side property line.

No accessory building or structure shall be permitted in any front yard, nor shall any accessory building or structure be located closer than 30 feet to any rear or side property line.

The maximum permitted building coverage shall be 25%.


Buffer requirements:

Perimeter buffer. A landscaped buffer shall be required around the entire length of side and rear property lines, except where access drives or other accessory features must, of necessity, traverse this reserved strip. The minimum landscape buffer widths shall be as follows:

i. From a nonresidential use or district: 25 feet.

ii. From a residential use or district: 50 feet.

A required buffer shall be landscaped with trees, shrubs, and other suitable plantings for beautification and screening. Natural vegetation should be retained to the maximum degree possible. On those sites where no existing vegetation is present or existing vegetation is inadequate to provide screening, the applicant shall suitably grade and plant the required buffer area, such that this planting shall provide an adequate screen of at least six feet in height so as to continually restrict the view. A minimum on-center distance between plantings shall be such that upon maturity the buffer will create a solid screen. The buffer may be supplemented with a fence of solid material where necessary.


Other site standards: The front yard, exclusive of walkways, pavilion areas, or driveways, shall be landscaped with grass, trees, shrubs, ground cover, flowers, existing vegetation, or any suitable combination thereof. Plantings shall conform, however, to restrictions on corner lot placement, in order to protect visibility.


Located in the R9 or R15 district:


Houses of worship must have the primary frontage on a local road or a road of a higher order, as defined by the Residential Site Improvement Standards. Houses of worship shall not be located mid-block and shall be situated on a corner lot.


The required minimum area of the lot or tract is the minimum lot area for the zoning district or 20,000 square feet, whichever is greater.


The maximum building height of any principal structure shall not exceed 35 feet.


Bulk Standards:


Minimum Lot Width: 80 feet or the requirement of the zone, whichever is greater

Minimum Lot Depth: 120 feet or the requirement of the zone, whichever is greater

Minimum Front Yard: 30 feet

Minimum Side Yard (each): 10 feet

Minimum Rear Yard: 30 feet

Maximum building coverage: 35% of the gross lot area

Maximum lot coverage: 70% of the gross lot area

Parking shall be permitted in the front yard provided parking is set back 15 feet from the public street right-of-way. Parking located within a front yard shall be screened from the adjacent right-of-way with a hedgerow or closely grouped cluster of plantings that shall be maintained at a height of no less than 20” and no greater 30”. In no event shall screening interfere with sight triangles.

Parking area, circulation drive and/or accessory structure setback to any side or rear property line adjacent to a residential use or zone shall be 10 feet.

Parking area and circulation drive setback to any side or rear property line adjacent to commercially or industrially zoned properties shall be 3 feet.

A decorative, solid 6 foot fence and and/or natural vegetative buffer of a minimum width of 5 feet shall be provided along all parking, circulation drives and structures adjacent to a residential use or zone. 


Bulk standards and design criteria for Mikvah:

For a freestanding Mikvah as a principal use on a lot, the required minimum area of the lot or tract is the minimum lot area for the zoning district or 20,000 square feet, whichever is greater. 

Square Footage: Mikvahs shall be limited to 2,000 gross square feet in floor area and 4 changing rooms in the R1, R2, R3, R5, R9, R15, R20, R30, RG2, RG3, PMURD, MUNC and MF zone districts. Mikvahs in the HC and NC zone districts shall not be subject to the floor area or changing room limitation.

The maximum building height of any principal structure shall not exceed 35 feet.

Mikvah’s serving as accessory to a House of Worship shall not have any additional parking requirement beyond that of the House of Worship itself. In zones where Mikvahs are permitted as a principal use, the parking requirement shall be 1 parking space per changing room plus 1 parking space per 400 square feet of associated reception or office space.


Bulk standards for a Mikvah as a freestanding principal use shall be as follows:


Maximum building coverage: 25% of the gross lot area or the maximum allowed in the zone, whichever is greater.

Maximum lot coverage: 70% of the gross lot area.

Parking shall be permitted in the front yard provided parking is set back 15 feet from the public street right-of-way. Parking located within a front yard shall be screened from the adjacent right-of-way with a hedgerow or closely grouped cluster of plantings that shall be maintained at a height of not less than 20” and no greater than 30”. In no event shall screening interfere with sight triangles.

Parking area, circulation drive and /or accessory structure setback to any side or rear property line shall be 10 feet.

Parking area, circulation drive and/or accessory structure setback to any side or rear property line adjacent to commercially or industrially zoned properties shall be 3 feet.

A decorative, solid 6 foot fence and and/or natural vegetative buffer of a minimum width of 10’ shall be provided along all parking, circulation drives and structures adjacent to residential zones or properties improved with residential uses. The landscaping shall consist of a staggered row of Juniper (Juniperus), Arborvitae (Thuja), and/or Eastern redcedar (Juniperus virginiana) (or other non-invasive species of plantings substantially similar in size and character) spaced no greater than 5 feet on center.


As noted above, because the amended ordinance retains houses of worship as permitted only as a conditional use, any variances from the above listed bulk requirements will still require an application to the Zoning Board.


(For example, the Whitesville Road shul application required a waiver from the Zoning Board to permit a 25 foot buffer where a 50 foot buffer is required. Under the amended Ordinance, applications for such relief would still require Zoning Board approval.)


Additionally, it is possible that this Ordinance may be used to permit higher density residential development as homes which include a "house of worship" in one of the rooms may now be permitted with the higher density this new zoning ordinance is intended to provide as an accommodation only for houses of worship. By way of example, single family homes are currently permitted in the R2, R3, and R5 zones at 1 unit per 2 acres, 1 unit per 3 acres, and 1 unit per 5 acres, respectively. Under the introduced amended ordinance, a "house of worship with a residential home" would be permitted on 1 acres. To be fair though, this ordinance does not permit houses of worship in these zones on lots with primary frontage or access on a residential access or residential neighborhood street or any lower order street.


[Final food for thought: This introduced Ordinance makes it easier to build shuls specifically in the R9 and R15 zones which are heavily concentrated with Orthodox Jews, and therefore it attracts Orthodox Jews to stay closer to that area and not to move to other "protected" areas. Is it possible that this Ordinance is actually intended to for the improper purpose of avoiding the construction of shuls in areas that Orthodox Jews do not presently reside, and for the improper purpose of seeking to avoid Orthodox Jews spreading to live in new areas of Jackson, just as the lawsuit against the land swap alleges?]


The Township's Planning Board now has 35 days to review the introduced ordinance for consistency with the Master Plan.


The Council has scheduled a public hearing and final reading on the Ordinance for Thursday, April 13 (which is on Pesach).


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1 comment:

Shmuel Aaron said...

This is actually the beginning of the end for normalcy in Jackson.

The Township Council may think that Avi Schnall and his cronies are their friends and that this is the end solution to the problem that shuls are impossible to build, however, in actuality this is just the beginning of the end.

Once shuls become permitted on 20,000 sq feet lots in Brookwood and Flair, they will argue that shuls should become permitted on that size all over Jackson - and then the "shuls clause" will be used to build high density housing under the guise that the homes are "shuls."