In order to protect the general health, safety
and welfare of Somers Point residents and in recognition of the high
density of development of the city, the following regulations shall
apply.
A.
The following uses shall be prohibited in all districts:
(1)
Automotive salvage yards: outdoor storage of
wrecked automobiles or parts thereof for more than 60 days.
(2)
Mobile homes, recreational vehicles and similar
uses.
[Amended 3-13-1997 by Ord. No. 3-1997]
(a)
Mobile homes and occupied vehicles.
(b)
Trailers, travel trailers, recreational vehicles,
boats, personal watercraft and trailers and similar uses except as
follows: those parked or stored at private residences and owned by
an occupant thereof may be parked or stored in side or rear yards,
on either blocks or trailers, no closer than three feet from any property
line. A vehicle, boat or personal watercraft measuring, in the aggregate,
no more than 26 feet in length or boat/craft and trailer (totaling
no more than 30 feet) may be parked/stored on a concrete or stoned
driveway in front of the owner's residence, provided that it shall
not be closer than three feet from any property line; boats/personal
watercraft shall be parked/stored with the bow closest to any public
right-of-way; and all motors shall be maintained in down position.
None of the trailers, boats, vehicles or other uses referred to in
this subsection shall be connected to any electrical service or other
utility, or occupied in any fashion, while so parked or stored. No
such use shall be parked or stored in common parking areas of apartments
or townhouses.
(3)
Sanitary landfills or other similar waste disposal
areas.
(4)
The use of any mobile home, travel trailer,
tractor trailer or similar mobile unit for the sale of goods therefrom
while parked for any period of time adjacent to any building. The
use of any mobile home, trailer, tractor trailer, travel trailer or
similar mobile unit for storage purposes for a period in excess of
one week while parked adjacent to any building.
(5)
Mobile, temporary or permanent signs of any
kind not specified within district regulations.
(6)
Any temporary or permanent obstructions at intersections.
(7)
Any use which includes the storage of gasoline
or other petroleum products not permitted in any other section of
this chapter.
(8)
Any use which includes the manufacturing of
acid, cement, lime, gypsum or plaster of paris.
(9)
Any use which includes the manufacture or storage
of explosives, fat, fertilizer, gas, glue, PCB, asbestos, vinyl chloride
or the reduction of garbage, offal or dead animals.
(10)
Any use which involves the smelting of tin,
copper, zinc or iron ores.
(11)
Any uses which, by reason of emission of odor,
dust, gas, smoke or noise, are detrimental to the health, safety or
general welfare of the community.
(12)
Any use which creates vibration or glare that
goes beyond property lines.
(13)
Storage of combustible materials for other than
on-site use and/or refining of combustible materials.
(14)
Campgrounds or campsites.
(15)
It shall be unlawful for any person, firm or corporation to within the corporate limits of the City of Somers Point keep, stable, breed or quarter livestock or fowl, as defined in § 120-40 of the Somers Point Municipal Code. This prohibition shall not apply to the keeping of cats, dogs or other domestic animals within the limits of the City as permitted Chapter 120 of the Somers Point Municipal Code.
[Added 9-26-2013 by Ord. No. 19-2013]
(16)
All classes of cannabis establishments or cannabis distributors
or cannabis delivery services as said terms are defined in Section
3 of P.L. 2021, c. 16,[1] but not the delivery of cannabis items and related supplies
by a delivery service, or the sale of paraphernalia associated with
the use of recreational cannabis.
[Added 12-13-2018 by Ord.
No. 17-2018; amended 7-22-2021 by Ord. No. 8-2021]
[1]
Editor's Note: See N.J.S.A. 24:6I-33.
[Added 6-24-1982 by Ord. No. 6-1982;
amended 12-8-1983 by Ord. No. 19-1983]
The following uses shall be permitted in all
districts:
A.
Noncommercial signs. Noncommercial signs as defined
by this subsection shall include political signs or signs expressing
an opinion on a noncommercial issue. Said signs shall be subject to
the following regulations:
[Amended 8-27-2009 by Ord. No. 16-2009]
(1)
Noncommercial
signs shall have no moving parts or flashing effect, or otherwise
be illuminated.
(2)
Noncommercial
signs attached to buildings may not be located or project above the
roofline for more than six inches beyond the front wall of any structure.
(3)
Placing
of the sign shall not cause obstruction at intersections.
(4)
Noncommercial
signs covered under this section shall not be permitted in the public
right-of-way, on public property, on any road right-of-way, road easement,
access easement, or municipal roadway.
(5)
No
fee shall be charged to place a sign on property.
B.
Temporary construction and storage trailers and one
sign, not exceeding 50 square feet, advertising the prime contractor,
subcontractor, architect, financing institution and similar data for
the period of construction, beginning with the issuance of a building
permit and concluding with the issuance of an occupancy permit, or
a period of one year, whichever is less, provided that said trailer
and sign are on the site where the construction is taking place. Said
trailer shall be removed 30 days prior to issuance of the final CO
(certificate of occupancy).
[Added 7-9-1992 by Ord. No. 20-1992]
C.
Standards for outdoor dining as a permitted accessory use.
(1)
Purpose.
(a)
The purpose of this subsection is to establish standards for
the permitted accessory use of outdoor restaurant dining for the enjoyment
of restaurant patrons without disturbing the immediate neighborhood
or pedestrian or vehicular traffic. It is intended to permit the tasteful,
aesthetic use of tables and chairs on the restaurant property. It
is the intention of the City of Somers Point to continue to monitor
and review the use of these facilities after the adoption and amendments
of this subsection, and to determine its full impact upon the City
and the enjoyment of its citizens.
(b)
From and after the effective date of this subsection, whenever
an application to either implement outdoor dining as an accessory
use, or to add, alter, change, expand, increase or otherwise modify
an outdoor dining area or arrangement, is filed on behalf of the owner
of a restaurant within any zoning district, the owner shall have the
obligation to submit an application with the Zoning Official of the
City, who shall have the authority to review and act upon the application,
which shall be subject to the following conditions, limitations and
restrictions.
(2)
Application requirements; Zoning Official review.
(a)
Any restaurant applying for outdoor dining shall complete an
application which shall also contain the following information:
[1]
Details of the trade, corporate, business or fictitious name
upon which the applicant does business as a restaurant, including
the address and phone number of the person responsible for the application.
[2]
The general layout of tables and chairs, and the low barrier
dividing the outdoor seating area from any street, sidewalk, parking
area, or public right-of-way, and showing dimensions of tables, chairs
and overall area, as related to building facade, sidewalk, exit doors,
parking area, streets and public rights-of-way; and which shall include
a sketch containing a scale drawing clearly illustrating the location
and number of proposed tables, chairs, planters, awnings, or other
fixtures proposed to be located in the outdoor dining area. The outdoor
dining area shall not exceed 20% of the square footage of the restaurant's
indoor seating area. The scale drawing shall also indicate the location
of any doors leading from the food establishment to the outdoor dining
area. No such door may be obstructed in any manner. The dimension
and location of the unobstructed space permitting passage of pedestrian
traffic around or through the outdoor dining area and the location
of all fire hydrants, bus stop signs, utility poles, mailboxes or
other fixtures permanently located on the sidewalk or other area within
50 feet of the outdoor dining area shall also be shown.
[3]
A detailed narrative and plan of relevant information, describing
the method of service, proposed hours of service outdoors, method
of litter control and trash handling for outdoor service, procedures
to be implemented to protect the indoor and outdoor dining areas,
keeping them free of rodents, birds, seagulls and other threats to
human health and cleanliness, and proposed plan for storage of chairs
and tables during the off season, during declaration of emergencies
and when the restaurant is closed.
[4]
Photographs or diagrams of tables, chairs, etc., to be utilized,
showing style, design, materials, size and colors.
[5]
The type and location of any proposed outdoor lighting and fixtures,
which should include the following information: mounting height, lamp
type and lumens. No lighting provided specifically for outdoor dining
shall spill onto adjacent residential properties. Any open flame-type
fixture or outdoor heating apparatus shall only be permitted with
the approval of the Fire Official, Zoning Official and Code Enforcement
Officer.
[6]
A statement of the seating capacity of the existing food establishment
and the proposed seating capacity of the outdoor dining area. The
seating layout and number of seats for the outdoor dining area shall
comply with the requirements of the most recent International Building
Code, New Jersey Edition, or any subsequent building code adopted
by the State of New Jersey, based on the review and approval of the
City's Construction Official.
[7]
A statement indicating the number of parking spaces serving
the existing restaurant. The total parking spaces for both the indoor
restaurant and the outdoor dining areas shall comply with the current
ordinance on parking requirements.
[8]
Verification that outdoor dining will be limited to sit-down
food and beverage service with orders to be taken only at tables and
served at the tables by the restaurant's food and beverage servers.
(b)
In processing applications, the Zoning Official shall, as deemed
necessary, with the Code Enforcement Official, the Construction Official,
the City Engineer, Police and Fire Departments, Emergency Rescue,
and the Emergency Management Coordinator, and such other departments
as deemed necessary or desirable, and shall use the following parameters
as criteria for decisionmaking:
[1]
Pedestrian safety.
[2]
Vehicular safety.
[3]
Public safety.
[4]
Design, material, color, layout aesthetics and architectural
conformity.
[5]
Acceptability of the management plan for cleanup, litter control
and trash handling.
[6]
Impact on existing landscaping.
[7]
Any potential interference with police, emergency or fire safety
access.
[8]
Overall impact on the peace and quiet enjoyment of surrounding
properties.
[9]
Inspection by and approval of the Atlantic County Board of Health.
(c)
Acceptance of the approval by the applicant shall constitute
consent to allow the Fire, Police and Building Department Officials
of the City and the Health Inspection Department of the County of
Atlantic to inspect the outdoor dining area for continued compliance
with the terms, conditions and regulations of this section.
(3)
Conditions of outdoor restaurant dining. Upon the issuance of
an approval pursuant to this section, outdoor tables and chairs shall
be permitted outside the interior of the restaurant, provided that
the following rules, regulations and specifications are met:
(a)
The applicant shall be solely responsible to utilize tables
and chairs which shall be sturdy and of sufficient strength to be
used for the purpose intended.
(b)
The layout of tables and chairs shall not in any way interfere
with pedestrian or vehicular safety or with necessary access for firefighting
equipment and ambulances or personnel.
(c)
No tables or chairs shall be placed on any public right-of-way
or any pedestrian or vehicular path within the property or within
any other right-of-way.
(d)
The highest standards of cleanliness of the outdoor area shall
be maintained at all times, including frequent litter removal, within
and around and beyond the subject restaurant property.
[1]
The owner shall be responsible for keeping the area of outdoor
dining and the adjacent walks, streets, and rights-of-way free and
clear of any debris or litter occasioned by the outdoor dining. Areas
must be cleaned as needed and at the time that business is closed
for the evening.
[2]
All equipment used in connection with the operation of outdoor
dining shall be of sufficient size and weight to avoid being blown
about by the wind. No food items shall be served upon paper or styrofoam
or with plastic utensils.
(e)
The hours for outdoor service shall be between 11:00 a.m. and
10:00 p.m. All outdoor food and beverage service shall stop at 10:00
p.m., and the outdoor dining area shall be cleared of all customers
and patrons no later than 11:00 p.m. The owner shall notify all patrons
of this requirement and shall close the outdoor dining area at that
time. The owner shall post a notice informing patrons, which shall
be posted within the inside dining area where it can be clearly seen
by patrons or it may be stated upon the menu.
(f)
Noise shall be kept at such a level as to comply with all provisions
of the City ordinances and applicable statutes and regulations relating
to noise.
(g)
The owner/operator/manager shall not permit any outdoor music,
live entertainment, musical instruments, public-address system, loudspeakers,
radio, sound amplifier, bell, chime, whistle, or any other similar
device type of exterior sound systems past 10:00 p.m. All noise from
both the indoor restaurant and the outdoor dining area shall comply
with all noise, sound and vibration ordinances, and/or statutes.
(h)
No vending machines of any kind are permitted within the outdoor
dining area.
(i)
Lighting servicing the outdoor dining shall comply with the
Land Use Ordinance and shall be as necessary to ensure the safety
of the public and patrons of the establishment. No lighting provided
specifically for outdoor dining shall spill onto adjacent residential
properties.
(j)
Barriers not to exceed four feet in height shall be placed at
the outside perimeter of the seating area adjacent to any public right-of-way
or areas designated for parking, to ensure there is no interference
with public safety or pedestrian movement patterns. The proposed barriers
will be reviewed by and subject to approval for compliance with size,
location, material and adequacy of buffer between the dining area
and any such street, sidewalk, parking area or public right-of-way.
(k)
No food or drinks served or consumed at locations approved for
outdoor dining shall be prepared or stored other than in the interior
of the eating establishment.
(l)
Outdoor dining will be limited to sit-down food and beverage
service with orders to be taken only at tables and served at the tables
by the restaurant's food and beverage servers.
(m)
The outdoor dining operation shall be operated and maintained
by the same person who operates and maintains the related restaurant
establishment of which the outdoor dining is a part and extension
thereof.
(n)
Alcoholic beverage service and consumption shall be permitted
only with food service to the customers. That is, no service of alcohol
only. Free snacks routinely found on bars, such as pretzels, chips
and nuts, shall not constitute food service.
(o)
All necessary amendments to liquor license applications with
regard to the description of the area of the licensed premises shall
be made and approval for such obtained prior to the service of alcohol
in the outdoor dining area which is a part of the premises for which
a liquor license has been previously issued. Approval of outdoor restaurant
dining does not constitute an agreement by or an obligation upon the
City of Somers Point to approve any extension of premises license.
(p)
There shall be no additional signage on the premises or on the
furnishings and equipment utilized as part of the outdoor dining operation.
(q)
The owner shall provide sufficient on-site parking for the legally
approved indoor and outdoor seating. In the event the restaurant property
does not have sufficient parking spaces and obtained approval subject
to a bulk variance or as a preexisting, nonconforming use, the outdoor
seating shall not be approved without an application for a separate
variance.
(r)
All restaurants utilizing the provisions of this section to
provide outdoor seating for their patrons shall be responsible for
the behavior of their patrons participating in the outdoor seating
to ensure that all City noise and other land use and zoning ordinances
and regulations are enforced and that good order is maintained.
(s)
The owner shall be responsible to protect the indoor and outdoor
dining areas, keeping them free of rodents, birds, seagulls and other
threats to human health and cleanliness. A plan shall be included
with the application.
(t)
The outdoor dining area shall be closed and all furniture, fixtures
and utensils shall be removed from the outdoor dining area and stored
indoors upon a directive from the Emergency Management Coordinator,
the Chief of Police, or the Fire Chief in the event of an emergency
declaration.
(u)
The applicant shall be solely responsible to obtain all requisite
approvals from the Atlantic County Board of Health, which shall be
a condition for use of the outdoor dining area.
(v)
The owner shall be responsible to enforce the smoking laws and
regulations of the state and all local ordinances and regulations.
(w)
Revocation or suspension.
[1]
Without limiting the absolute right of the City to revoke or
suspend outdoor dining on the restaurant premises, outdoor dining
shall be suspended and all outdoor seats and tables shall be removed
within 24 hours of receipt of a notice to cease and desist issued
by either the City and served upon the owner personally or by certified
mail, return receipt requested, or its equivalent, if:
[a]
The City of Somers Point has received three written
complaints, containing the name, address, date and signature of the
complainant, which, upon investigation, prove to be well founded;
or
[b]
There is noncompliance by the owner with or violation
of any ordinance contained in the Code of the City of Somers Point
committed by the owner, his agents, servants or employees.
[2]
In addition to the powers of revocation or suspension as set
forth above, the City reserves the right to modify, suspend or revoke
any approval of outdoor restaurant dining on 10 days' written
notice if the City determines that pedestrian traffic is impeded or
made unsafe because of the outdoor dining or because of any other
safety issue or noise complaints which the City determines adversely
affect the residents of the City as a result of such operation.
(4)
Violations and penalties. Any person/entity convicted of a violation
of any of the provisions of this subsection shall be subject to a
fine not to exceed $1,000 and/or shall forfeit its right to operate
an outdoor dining area. Each violation of a provision of this subsection,
and each day that a violation continues, shall constitute a separate
offense.
(5)
Enforcement. The terms of these regulations shall be enforced
by the Zoning Official, the Construction Official, the Code Enforcement
Official, the Police Department, the Atlantic County Board of Health
as to the Sanitary Code, the Superintendent of Public Works as to
trash, litter and recycling regulations, the City or State Fire Safety
Official, the Emergency Management Coordinator, or any other City
official who may be designated by the City Council.
[1]
Editor's Note: This ordinance provided that it shall take
effect on November 24, 2022, at 12:01 a.m.
The otherwise lawful use of a building or land
existing at the time of adoption of this chapter may be continued,
although such use does not conform to the provisions of this chapter,
provided that:
A.
Such use shall not be extended or enlarged without
conforming to all regulations of the district in which it is located.
B.
The existence of a nonconforming use on a part of
a lot or tract shall not be construed to establish a nonconforming
use on the entire tract or lot.
C.
Whenever a nonconforming use is discontinued or changed
to a conforming use, it shall not thereafter be changed back to a
nonconforming use.
D.
Whenever a nonconforming structure has been damaged by fire or other causes to the extent of 75% of its market value, as determined by the Construction Official, it shall be rebuilt or repaired in conformity with the regulations of the district in which it is located. This restriction shall not apply to any structure which is rebuilt in compliance with the provisions of Code §§ 114-99D(4), 114-100D(3) or 114-101D(4).
[Amended 9-14-2015 by Ord. No. 25-2015]
E.
If a nonconforming use or structure ceases operations
for a period of more than one year, such use will be considered abandoned,
and any subsequent use shall conform to the regulations of the district
in which it is located.
[Added 2-11-1993 by Ord. No. 2-1993]
The Planning Board or Zoning Board of Adjustment,
as the case may be, may require the payment of any taxes or assessments
for local improvements due or delinquent on a property, as a condition
of any subdivision, site plan (or waiver of same), planned development,
variance or other approval sought concerning the property.
[Added 3-8-2007 by Ord. No. 2-2007]
A.
The purpose of this section is to provide procedures
and regulations for personal wireless telecommunications facilities
in all nonresidential zones, to protect the City of Somers Point from
the visual or other adverse impacts of these facilities, while encouraging
their unobtrusive development to provide the benefits of comprehensive
wireless telecommunications services to the City of Somers Point,
its residents and businesses. The City expresses a preference that
antennas be located on existing buildings and towers, on municipal
or other public property, rather than newly constructed telecommunications
towers; and further encourages collocation and site sharing of new
and existing PWTFs.
B.
ANTENNA
ANTENNA SUPPORT STRUCTURE
CITY OF SOMERS POINT
COLLOCATION
PERSONAL WIRELESS TELECOMMUNICATIONS EQUIPMENT FACILITIES (PWTEFs)
PERSONAL WIRELESS TELECOMMUNICATIONS FACILITIES (PWTFs)
TELECOMMUNICATIONS TOWER
WIRELESS COMMUNICATIONS
Definitions. As used in this section, the following
terms shall be defined as indicated:
A system of electrical conductors that transmit or receive
radio frequency signals for wireless communications.
A structure other than a telecommunications tower which is
attached to a building upon which one or more antennas are located.
All area within the borders of the City of Somers Point,
in the County of Atlantic, State of New Jersey.
Use of a common PWTF or a common site by two or more wireless
license holders or by one wireless license holder for more than one
type of communications technology and/or placement of a PWTF on a
structure owned or operated by a utility or other public entity.
Accessory facilities serving and subordinate in area, extent
and purpose to, and on the same lot as, a telecommunications tower
or antenna location. Such facilities include, but are not limited
to, transmission equipment, storage sheds, storage buildings, and
security fencing.
Facilities for the provision of wireless communications services,
including, but not limited to, antennas, antenna support structure,
telecommunications towers, and related facilities other than PWTEFs.
A freestanding structure on which one or more antennas are
located, including lattice towers, guyed towers, monopoles and similar
structures.
Any personal wireless services as defined in the Federal
Telecommunications Act of 1996 (FTA) which includes FCC licensed commercial
wireless telecommunications services, including cellular, personal
communication services (PCS), specialized mobile radio (SMR), enhanced
specialized mobile radio (ESMR), paging, and similar services that
currently exist or that may in the future be developed. It does not
include any amateur radio facility that is owned and operated by a
federally licensed amateur radio station operator or is used exclusively
for receive-only antennas, nor does it include noncellular telephone
service.
C.
Development standards.
(1)
Application. Applications shall be submitted
to the appropriate land use board for new PWTFs, modification to existing
PWTFs, and collocation on existing PWTFs or on existing buildings.
(2)
Height standards. Where permitted, new PWTFs
may be constructed to a maximum height of 120 feet above ground level.
The maximum height of 150 feet above ground level shall be approved,
provided the proposed installation of the PWTF is for the collocation
of at least three other carriers on the PWTF. Any PWTF mounted on
an existing building or structure shall not extend beyond the overall
height of any such building or structure by more than 10 feet. PWTEFs
are limited to 15 feet in height.
(3)
Setback standards. All PWTF and PWTEF shall
be subject to a minimum yard requirement of 1/2 the height of the
PWTF or the minimum yard requirements of the zoning district in which
it is located, whichever is greater. The appropriate land use board,
where necessary to address safety concerns, may increase the minimum
setback requirement. If PWTEFs are located on the roof of a building,
the area of the PWTEFs and other equipment and structures shall not
occupy more than 25% of the roof area.
D.
Location priority. If needed in accordance with an
overall comprehensive plan for the provision of full wireless communications
service within City of Somers Point, PWTFs and PWTEFs shall be permitted
at the following prioritized locations:
(1)
The first priority location shall be on lands
or structures in any nonresidential zone owned by the City of Somers
Point or government entities;
(2)
The second priority location shall be on lands
or structures in any nonresidential zone owned by the Somers Point
School District;
(3)
The third priority location shall be collocation
on existing PWTFs (or existing water tanks), provided that the new
installation does not increase the height by more than 10 feet; and
(4)
The fourth priority location shall be such locations
as the applicant proves are essential to provide required service
to the City of Somers Point.
E.
Conditional use standards. All PWTF and PWTEF shall be located to minimize visual impacts on the surrounding area in accordance with the following standards. In applying these standards, locations in a higher priority category under § 114-121.2D shall be deemed more acceptable than lower priority sites.
(1)
Sites for PWTFs and PWTEFs must demonstrate
that they provide the least visual impact on residential areas and
public rights-of-way. All potential visual impacts must be analyzed
to demonstrate that the selected site provides the best opportunity
to minimize the visual impact of the proposed facility.
(2)
PWTEFs should be located to avoid being visually
solitary or prominent when viewed from residential areas and the public
right-of-way. The facility should be obscured by vegetation, tree
cover, topographic features and/or other structures to the maximum
extent feasible.
(3)
PWTFs and PWTEFs shall be placed to ensure that
existing viewscapes, streetscapes, and landscapes are protected. The
views of and vistas from architecturally and/or significant structures
should not be impaired or diminished by the placement of telecommunication
facilities.
F.
Site design standards. The following design standards
shall apply to PWTFs and PWTEFs installed or constructed pursuant
to the terms of this section:
(1)
Collocation. Ordinance limitation on the number
and placement of structures on a lot shall not apply when PWTF and
PWTEF are located on a lot with buildings or structures already on
it.
(2)
Fencing and other safety devices. PWTFs and
PWTEFs shall be surrounded by a security fence. The security fence
shall be chain link, eight feet in height and shall be topped with
three strands of barbed wire placed at a forty-five-degree outward
angle. All towers shall be designed with anticlimbing devices in order
to prevent unauthorized access. Additional safety devices shall be
permitted or required, as needed, and as approved by the Planning
Board.
(3)
Landscaping. Landscaping shall be provided along
any side of the security fence that is adjacent to residential property.
The landscaping shall consist of an evergreen hedge eight feet to
10 feet in height at planting time. Required front yard setback areas
shall be landscaped with low-growing shrubs that will not impair the
view of the security area by public safety personnel.
(4)
Signs. Signs shall not be permitted except for
signs displaying owner contact information, warnings, equipment information,
and safety instructions. Such signs shall not exceed two square feet
in area. No commercial advertising shall be permitted on any PWTF
or PWTEF.
(5)
Color. PWTFs shall be of a color appropriate
to the tower's locational context and to make it as unobtrusive as
possible, unless otherwise required by the Federal Aviation Administration
(FAA).
(6)
Activity and access. All equipment shall be
designed and automated to the greatest extent possible in order to
reduce the need for on-site maintenance and thereby to minimize the
need for vehicular trips to and from the site. Access shall be from
established site access points whenever possible. Minimal off-street
parking shall be permitted as needed and as approved by the Planning
Board.
(7)
Dish antennas. Dish antennas shall be colored,
camouflaged or screened to make them as unobtrusive as possible, and
in no case shall the diameter of a dish antenna exceed six feet. Any
dish antenna installed to meet federal, state, county, or local government
public safety requirements is exempt from this requirement.
(8)
Lighting. No lighting is permitted except as
follows:
(a)
PWTEFs enclosing electronic equipment may have
security and safety lighting at the entrance, provided that the light
is attached to the facility, is focused downward and is on timing
devices and/or sensors so that the light is turned off when not needed
for safety or security purposes; and
(b)
No lighting is permitted on a PWTF except lighting
that specifically is required by the Federal Aviation Administration,
and any such required lighting shall be focused and shielded to the
greatest extent possible so as not to project towards adjacent and
nearby properties.
(9)
Monopole. Any proposed new telecommunications
tower shall be a monopole unless the applicant can demonstrate that
a different type pole is necessary for the collocation of additional
antennas on the tower. Such towers may employ camouflage technology.
(11)
Radio frequency emissions. The FTA gives the
FCC sole jurisdiction of the field of regulation of radio frequency
(RF) emission and PWTFs which meet the FCC standards shall not be
conditioned or denied on the basis of RF impacts. Applicants shall
provide current FCC information concerning PWTFs and radio frequency
emission standards. PWTFs shall be required to provide information
on the projected power density of the proposed facility and how this
meets the FCC standards.
(12)
Structural integrity. PWTFs must be constructed
to the Electronic Industries Association/Telecommunications Industries
Association 222 Revision F Standard (ANSI/TIA/EIA-222-F-96) entitled
"Structural Standards for Steel Antenna Towers and Antenna Supporting
Structures" (or equivalent), as it may be updated or amended.
(13)
Maintenance. PWTFs shall be maintained to assure
their continued structural integrity. The owner of the PWTF shall
also perform such other maintenance of the structure and of the site
as to assure that it does not create a visual nuisance.
G.
Collocation policy.
(1)
The Municipal Engineer shall maintain an inventory
of existing PWTF locations within or near the City of Somers Point.
(2)
An applicant proposing a PWTF at a new location as defined under § 114-121.2D shall first demonstrate that it made a reasonable attempt to find a collocation site acceptable to engineering standards and that none was practically or economically feasible.
(3)
Each application for a PWTF shall be accompanied
by a plan which shall reference all existing PWTF locations in the
applicant's City of Somers Point inventory, any such facilities in
the abutting towns which provide service to areas within the City
of Somers Point and any changes proposed within the following twelve-month
period, including plans for new locations and the discontinuance or
relocation of existing facilities.
(4)
Each application shall include a site location
alternative analysis describing the location of other sites considered,
the availability of those sites, the extent to which other sites do
or do not meet the provider's service or engineering needs, and the
reason why the subject site was chosen. The analysis shall address
the following issues:
(a)
How the proposed location of the PWTF relates
to the objective of providing full wireless communications services
within the City of Somers Point at the time full service is provided
by the applicant throughout the City of Somers Point;
(b)
How the proposed location of the proposed PWTF
relates to the location of any existing antennas within and near the
City of Somers Point;
(c)
How the proposed location of the proposed PWTF
relates to the anticipated need for additional antennas within and
near the City of Somers Point by the applicant and by other providers
of wireless communications services within the City of Somers Point;
(d)
How the proposed location of the proposed PWTF
relates to the objective of collocating the antennas of many different
providers of wireless communications services on the same PWTF; and
(e)
How its plan specifically relates to and is
coordinated with the needs of all other providers of wireless communications
services within the City of Somers Point.
(5)
The appropriate land use board may retain technical
consultants as it deems necessary to provide assistance in the review
of the site location alternatives analysis. The applicant shall bear
the reasonable cost associated with such consultation, which cost
shall be deposited in accordance with City of Somers Point's escrow
provisions.
H.
Abandonment or discontinued use of PWTFs.
(1)
Abandonment. Any PWTF that is not operated for
a continuous period of 12 months shall be considered abandoned. If
there are two or more users of a single PWTF, then the abandonment
shall not become effective until all users cease using the PWTF for
a continuous period of 12 months. The owner of such PWTF shall remove
same within 90 days of notice from the Zoning Officer that the PWTF
is abandoned. If such PWTF is not removed within said 90 days, the
City may remove such PWTF at the owner's expense.
(2)
Discontinuance. In the event of discontinuance,
if the facility is to be retained, the owner shall establish, in writing,
to the City that the facility will be reused within one year of such
discontinuance. If a facility is not reused within one year, a demolition
permit shall be obtained and the facility removed. At the discretion
of the Zoning Officer, upon good cause shown, the one-year reuse period
may be extended for a period not to exceed one additional year.
I.
Nonconforming PWTFs. PWTFs in existence on the date
of the adoption of this section, which do not comply with the requirements
of this section (nonconforming PWTFs), are subject to the following
provisions.
(1)
Nonconforming PWTFs may continue in use for
the purpose now used, but may not be expanded without complying with
this section.
(2)
Nonconforming PWTFs which are partially damaged
or destroyed due to any reason or cause may be repaired and restored
to their former use, location and physical dimensions subject to obtaining
a building permit therefor, but without otherwise complying with this
section. If this destruction is greater than 50%, then repair or restoration
will require compliance with this section.
(3)
The owner of any nonconforming PWTF may repair,
rebuild and/or upgrade (but not expand such PWTF or increase its height
or reduce its setbacks) in order to improve the structural integrity
of the facility, to allow the facility to accommodate collocated antennas
or facilities, or to upgrade the facilities to current engineering,
technological or communications standards, without having to conform
to the provisions of this section.
J.
Additional site plan submission requirements. In addition
to the applicable documentation and items of information required
for site plan approval, the following additional documentation and
items of information are required to be submitted to the land use
board for review and approval as part of the site plan submission:
(1)
Report, signed by a qualified expert, documenting
the capacity of any proposed PWTF for the number and type of antennas;
(2)
Report, signed by a qualified expert, documenting
that any proposed PWTF will have sufficient structural integrity to
support the proposed antennas and the anticipated future collocated
antennas and that the structural standards developed for antennas
by the Electronic Industries Association (EIA) and/or the Telecommunication
Industry Association (TIA) have been met;
(3)
A letter of intent by the applicant, in a form
which is reviewed and approved by the City Solicitor, indicating that
the applicant will share the use of any PWTF with other approved providers
of wireless communication services; and
(4)
A visual impact study, graphically simulating
through models, computer-enhanced graphics, or similar techniques,
the appearance of any proposed tower and indicating its view from
at least the five locations around and within one mile of the proposed
PWTF where the PWTF will be most visible. Aerial photographs of the
impact area shall also be submitted.
[1]
Editor's Note: Former § 114-121.2,
Community residences and domestic violence shelters, added 8-25-1994
by Ord. No. 11-1994, was repealed 5-9-2002 by Ord. No. 11-2002.
[Added 8-25-1994 by Ord. No. 11-1994]
A.
FAMILY DAY-CARE HOME
FAMILY DAY-CARE PROVIDER
SPONSORING ORGANIZATION
Definitions. As used in this section, the following
terms shall have the meanings indicated:
Any private residence approved by the Division of Youth and
Family Services or an organization with which the Division contracts
for family day-care in which child-care services are regularly provided
to no fewer than three and no more than five children for no fewer
than 15 hours per week. A child being cared for under the following
circumstances is not included in the total number of children receiving
childcare services:
A person at least 18 years of age who is responsible for
the operation and management of a family day-care home.
An agency or organization with whom the Division of Youth
and Family Services contracts for family day-care.
B.
Family day-care homes shall be a permitted use, as
a home occupation, in all residential districts, subject to the following
conditions:
(1)
The use must be located in a private residence
registered with the Division of Youth and Family Services as a family
day-care home and for which a certificate of registration has been
issued, pursuant to the Family Day Care Provider Registration Act,
N.J.S.A. 30:5B-16 et seq.
(2)
The family day-care provider must be a resident
of the home in which the service is to be provided.
(3)
The bulk requirements for family day-care homes
shall be the same as for single-family dwelling units located within
the particular district in which the use is located.
(4)
A copy of the certificate of registration issued
by the Division of Youth and Family Services, pursuant to N.J.S.A.
30:5B-16 et seq., shall be filed with the Somers Point Zoning Officer,
and as renewed thereafter.
(5)
Such use shall otherwise comply with all other
regulations pertaining to home occupations within the applicable district
as provided for elsewhere in this chapter.
If the Construction Official, upon inspection,
determines that an unsafe condition exists with respect to building
soundness, fence or wall soundness or sign soundness, he shall notify
the owner of his findings and state his reasons and order the condition
repaired or, in the case of signs and fences, removed within a reasonable
time period.
