[Amended 12-14-1981 by Ord. No. 21-81]
A. 
Before a building permit or certificate of occupancy shall be issued for any conditional use as permitted by this chapter, application shall be made to the Planning Board. The Planning Board shall grant or deny said application within 95 days of submission of a complete application by a developer to the administrative officer or within such further time as may be consented to by the applicant.
B. 
The review by the Planning Board of a conditional use shall include any required site plan review pursuant to this chapter. Public notice and a hearing shall be required as stipulated in this chapter.
C. 
In all requests for approval of conditional uses, the burden of proof shall be on the applicant. The Planning Board shall give due consideration to all reasonable elements which could affect the public health, welfare, safety, comfort and convenience such as, but not limited to, the proposed use(s), the character of the area, vehicular travel patterns and access, pedestrian ways, landscaping, lighting, signs, drainage, sewage treatment, potable water supply, utilities and building and structure location(s) and orientation(s).
A. 
For purposes of this chapter, the term "public utility uses" shall include such uses as telephone dial equipment centers, power substations and similar public utility facilities.
B. 
The proposed installation in a specific location must be reasonably necessary for the satisfactory provision of service by the utility to the neighborhood or area in which the particular use is to be located.
C. 
The design of any building in connection with such facilities must conform to the general character of the area and not adversely affect the safe, comfortable enjoyment of property rights in the zone in which it is located.
D. 
Adequate fences and other safety devices must be provided in order to comply with all applicable federal, state and municipal regulations.
[Amended 11-11-1996 by Ord. 16-96]
E. 
Sufficient landscaping, including shrubs, trees and lawns, shall be provided and maintained.
F. 
Off-street parking shall be provided as determined by the Planning Board during site plan review.
G. 
All of the area, yard, building coverage and height requirements of the respective zone and other applicable requirements of this chapter must be met.
A. 
For purposes of this chapter, the term "banks" shall not include drive-in banking facilities unless sufficient room exists on the lot for both on-site parking and queuing spaces for the drive-in windows.
B. 
Banks shall provide at least two parking spaces per teller window plus two parking spaces per employee, plus two parking spaces for each pedestrian automatic teller machine. Additionally, drive-in banks shall provide room for at least six automobiles for each drive-in station for queuing purposes. If a bank has a drive-up automatic teller machine, it shall provide room for at least two automobiles for queuing purposes for that machine.
[Amended 11-11-1996 by Ord. No. 16-96]
C. 
Any applicant for a banking facility shall be prepared to furnish data to the Planning Board indicating the adequacy of the proposed parking and circulation plan and the ability of the public street network to absorb the traffic which is expected to be generated by the facility.
D. 
All of the area, yard, building coverage, height, sign and buffer requirements of the respective zone and other applicable requirements must be met.
[Amended 11-11-1996 by Ord. No. 16-96]
[Amended 11-9-1987 by Ord. No. 16-96; 3-8-2004 by Ord. No. 04-06]
The following conditions shall apply to that portion of the customer service or dining area provided outdoors:
A. 
The area used for outdoor dining shall be set back:
(1) 
At least six feet from any street, driveway, vehicle accessway or parking area.
(2) 
At least 25 feet from any residential zone boundary or use.
B. 
Any outdoor dining in a rear or side yard shall be substantially screened from neighboring properties and parking areas by means of fences or vegetation.
C. 
Outdoor lighting shall meet the requirements of § 165-78 of this chapter.
D. 
No owner or occupant of any premises shall engage in or allow dining on any public sidewalk without having first obtained a sidewalk dining license, and such dining shall comply with the regulations contained in Chapter 221 of the Code of the Borough of Chatham.
A. 
The minimum street frontage shall be 100 feet.
B. 
No service station shall be located within 300 feet of any dwelling or within 1,000 feet of any firehouse, school, playground, church, hospital, public building or institution.
C. 
All appliances, pits, storage areas and trash facilities other than gasoline filling pumps or air pumps shall be within a building. Gasoline filling pumps and air pumps shall be permitted within the required front yard space of service stations but shall be no closer than 25 feet to any street or lot line. All lubrication, repair or similar activities shall be performed in a fully enclosed building and no dismantled parts shall be displayed outside of an enclosed building.
D. 
No vehicle parts shall be stored on the premises except within an enclosed and roofed building. No motor vehicle shall remain on the premises outside an enclosed and roofed building, except for a motor vehicle whose owner is awaiting its repair or disposition. In that case, the said vehicle may remain on the exterior of the premises for a period not exceeding seven days.
[Amended 11-11-1996 by Ord. No. 16-96]
E. 
Landscaping shall be provided in the front yard area equal to at least 10% of the front yard area, and such landscaping shall be reasonably distributed throughout the entire front yard area.
F. 
The exterior display and parking of motor vehicles, trailers, boats or other similar equipment for sale or rent shall not be permitted as part of a service station. No parking for a fee or car wash operation shall be permitted.
G. 
Service stations shall provide six parking spaces for the first lift, wheel alignment pit or similar work area and an additional three parking spaces for each additional work area. Such spaces shall be separated from the driveway and general apron areas which give access to the gasoline and air pumps and service areas. No designated parking space shall obstruct access to such facilities.
H. 
Service station canopies. Service station canopies may be either detached or attached canopies. They shall be governed by the following requirements:
[Added 5-23-2005 by Ord. No. 05-18[1]]
(1) 
The lowest surface (equivalent to a ceiling) of a canopy shall be no more than 14 feet above the lowest point of the finished surface below it.
(2) 
No signs shall be permitted on the canopy.
(3) 
Lighting shall be in accordance with § 165-78 of this chapter, and lighting fixtures shall be limited to the ceiling of the canopy.
(4) 
The canopy roof shall be of a gable, hip, gambrel or mansard type design, or a flat roof with beveled sides. The angle of the beveling of the sides of the flat roof shall be no less than 30° and no more than 60° from the vertical.
(5) 
The side yard setback of a canopy shall be no less than 15 feet, and the front yard setback of a canopy shall be no less than 12 feet.
[1]
Editor's Note: This ordinance also provided for the redesignation of former Subsection H as Subsection I.
I. 
All other applicable requirements of this chapter shall be met.
A. 
No land or structure shall be occupied or used for commercial recreation, entertainment, or amusement purposes which is within 300 feet of any public school or church building.
B. 
For such uses parking spaces in addition to those required by § 135-24 shall be provided to the extent the total required by that section does not equal one parking space for each three seats provided for spectators or nonparticipants and in those uses involving public or member participation, one parking space for each person who could participate when the facility is fully utilized.
C. 
All other applicable requirements of this chapter shall be met.
[Added 9-10-2012 by Ord. No. 12-13[1]]
A. 
A Parking Management Plan (PMP) shall be prepared by the applicant and approved by the reviewing Board. The PMP shall:
(1) 
Be prepared by a qualified planner or engineer;
(2) 
Analyze parking demand based on projected employment and specific operational parameters of the proposed use, as well as based on ITE Parking Generation (most current edition) and/or data collected locally for similar uses;
(3) 
Analyze available parking supplies to meet projected parking demand for employees and customers; and
(4) 
Consider a range of solutions to address parking needs, including the purchase of parking permits in Borough lots to address parking needs for employees.
B. 
Maximum gross square footage per lot allotted to medical/dental office use: 2,500 square feet.
C. 
Access shall be provided in such a manner that minimizes the creation and/or need for new curb cuts.
[1]
Editor's Note: This ordinance also repealed former § 165-48, Apartment units, added 11-9-1987 by Ord. No. 15-87.
[Added 9-10-2012 by Ord. No. 12-13]
A. 
A Parking Management Plan (PMP) shall be prepared by the applicant and approved by the reviewing Board. The PMP shall:
(1) 
Be prepared by a qualified planner or engineer;
(2) 
Analyze parking demand based on projected employment and specific operational parameters of the proposed use, as well as based on ITE Parking Generation (most current edition) and/or data collected locally for similar uses;
(3) 
Analyze available parking supplies to meet projected parking demand for employees and customers; and
(4) 
Consider a range of solutions to address parking needs, including the purchase of off-site parking permits in Borough lots to address parking needs.
B. 
Maximum gross square footage per lot allotted to use: 2,500 square feet.
[Added 9-10-2012 by Ord. No. 12-13]
A. 
Minimum lot area: 20,000 square feet.
B. 
Minimum lot frontage: 100 feet.
C. 
Minimum lot depth: 100 feet.
D. 
Maximum lot coverage: 65%.
E. 
Maximum height: 35 feet/2.5 stories except for churches; maximum height for churches shall be 2.5 stories/40 feet for the principal structure and 55 feet including steeples, spires, cupolas and other similar ornamentation.
F. 
Required buffers: Any setback adjacent to a residential use or zone shall be densely planted with a minimum fifteen-foot-wide buffer strip in accordance with § 165-164B(17).
G. 
Minimum side yard setback: two feet for each one foot of principal building height with a minimum side yard of 20 feet and an aggregate minimum of 40 feet.
H. 
Minimum rear yard setback: 1.5 feet for each one foot of principal building height with a minimum of 30 feet.
I. 
Minimum front yard setback: one foot for every one foot of principal building height with a minimum of 30 feet.
J. 
Parking. Off-street parking shall be allowed in rear and side yards only with parking setback a minimum of 15 feet from any property line.
[Added 8-14-2017 by Ord. No. 17-09]
A. 
Definitions. The definitions set forth in Chapter 189 are incorporated by reference as if fully set forth herein.
B. 
Use regulation. Oil and hazardous substance pipelines that do not provide services to the general public and are not regulated by the New Jersey Board of Public Utilities are prohibited in all residential and affordable housing zone districts within the Borough and shall constitute a conditional use in all other nonresidential zone districts within the Borough subject to the conditional use standard set forth herein.
C. 
Additional submission requirements. In addition to the checklist submission requirements applicable to any application for development under Chapter 165, a conditional use application for an oil and hazardous substance pipeline shall include the following:
(1) 
Seventeen sets of plans showing the dimensions, valving frequency, and proposed construction and siting of the oil and hazardous substance pipeline, related appurtenances and facilities;
(2) 
Detailed cross-section drawings for all proposed pipeline public street rights-of-way, closings and easements, wetlands and New Jersey open waters crossings;
(3) 
A flow diagram showing the daily design capacity of the proposed oil and hazardous substance pipeline;
(4) 
A description of any changes in flow in the oil and hazardous substance pipeline once in operation;
(5) 
The proposed maximum operating pressure, in pounds per square inch gauge (psig), at all points of change in elevation greater than 500 feet, or every 500 feet in length as a minimum; and
(6) 
Diagrams and descriptions of all pipeline monitoring facilities and shut off/flow control valves proposed to be located in or closest to the municipality.
D. 
Required setbacks. To promote the public health, safety, and general welfare and to mitigate the aesthetic and environmental impacts of, and minimize the potential damage or interruption to public and private property from, oil and hazardous substance pipelines, the construction and siting of oil and hazardous substance pipelines in the Borough shall comply with the following setback requirements:
(1) 
Wellhead protection or sole source aquifer areas. Except as otherwise set forth in this section, oil and hazardous substance pipelines shall not be located within a sole source aquifer or in the vicinity of a wellhead protection area ("WPA"), as is defined in Article IX of Chapter 165 of the Code, and shall not be located closer than: 2,500 feet in a Tier 1 WPA; 1,000 feet in a Tier 2 WPA; and 500 feet in a Tier 3 WPA.
(2) 
One-hundred-foot setbacks. Except as otherwise set forth in this section, oil and hazardous substance pipelines shall not be constructed and sited closer than 100 feet from:
(a) 
Any wetlands regulated under federal or state law;
(b) 
Any year-round naturally occurring creek, stream, river, private or public well, or pond, even if such water sources are periodically dry;
(c) 
Any floodplain regulated under federal or state law; or
(d) 
Any building or structure located in a nonresidential zone district.
(3) 
One-hundred-fifty-foot setbacks. Except as otherwise set forth in this section, oil and hazardous substance pipelines shall not be sited closer than 150 feet on level grade from any residential dwelling or any residential or affordable housing zone district.
(4) 
Two-hundred-fifty-foot setbacks. Except as otherwise set forth in this section, oil and hazardous substance pipelines shall not be constructed and sited closer than 250 feet from any residential dwelling or any residential or affordable housing zone district where said property or zone district is located downhill from the pipeline at a grade equal to or greater than 5%, except that no oil and hazardous substance pipelines shall be located on slopes of a grade equal to or greater than 15%.
(5) 
One-thousand-foot setbacks. Except as otherwise set forth in this section, oil and hazardous substance pipelines shall not be sited and constructed closer than 1,000 feet from any critical land use or essential public facilities as those terms are defined in Chapter 189.
E. 
All oil and hazardous substance pipelines shall comply with the requirements of Chapter 189 of this Code.
[1]
Editor's Note: Former § 165-148.3, Adult entertainment uses, added 7-12-2010 by Ord. No. 10-10, was repealed 6-22-2015 by Ord. No. 15-07.
[1]
Editor's Note: Former § 148.4, Tattoo parlors and body piercing establishments, added 7-12-2010 by Ord. No. 10-10, was repealed 6-22-2015 by Ord. No. 15-07.