TFE 81 Northfield Interpretation Request Application Digital Copy 1142416095411

WATERS, MCPHERSON, MCNEILL Diana Chandler-Zimmermann A PROFESSIONAL CORPORATION November 4, 2024 Page 3 parking” as set forth in the Ordinance (which is a permitted use). The above-referenced background is included, as noted above, to provide additional context within which it is hoped the Board will consider this Application. Zoning and Basis for Interpretation A. Analysis of Township Zoning Ordinance and Intent Behind Same The Property is in the OB-1 zone as set forth in the Ordinance, and is located along a main road in the Township, with many other office and commercial sites/properties nearby. To the extent that there is nearby residential use, such use is primarily multi-family housing in the form of garden apartment buildings, with their attendant parking lots. Pursuant to Section 25-7.1 of the Ordinance (and the tables included therewith — the “Use Tables”), permitted principal uses in the OB-1 zone are the same as those uses permitted in the “R-1” zone, along with “office buildings”. The Use Table further provides that “required accessory parking” is a permitted accessory use. Thus, the critical question at hand is whether parking of vehicles overnight at the Property by an otherwise permitted office tenant falls within the realm of a permitted accessory use at the Property. Section 25-4 of the Zoning Ordinance (entitled “Definitions”) provides that an “Accessory Use”, as a “use naturally and normally incident and subordinate to the principal use of the premises or lot” (Ord. Section 25-4b). The same subsection of the ordinance further carves out four specific uses as “not accessory uses and are prohibited”, which include: 1, The dismantling, assembly or repair of a vehicle other than one belonging to a member of the resident household in any Residential Zoning District and any Nonresidential Zoning District where such use is not permitted. 2. The outdoor storage of motor vehicle parts or accessories in any Residential Zone. 3. An airport, aircraft landing strip, or heliport in any Zoning District. 4. Outdoor bins for the collection of used clothing, shoes, household items or other goods Id. At no point does the Ordinance state that the overnight parking of vehicles that directly relate to the permitted use of a given parcel, is prohibited or not a valid “accessory use”. Nor does the Ordinance at any time prohibit overnight parking of

vernight parking of vehicles that directly relate to the permitted use of a given parcel, is prohibited or not a valid “accessory use”. Nor does the Ordinance at any time prohibit overnight parking of vehicles in private parking lots. Furthermore, as per the above-quoted excerpt from the Ordinance, it should be noted that the governing body is of course free to exercise its legislative power to specifically carve out and define certain situations and uses as being unpermitted as a rule, and in this case actually opted to do so with respect to the four specifically cited conditions. Had the governing body wanted to prohibit overnight parking of certain vehicles at certain sites, it could easily have done so in the #1606835v1