Borough of Lavallette, NJ Article XI Conditional Uses

§ 90-75 Application for conditional use permit.

Applications for any conditional use permit permitted by this chapter shall be made to the Planning Board. In approving any such application, the Planning Board may impose any conditions that it deems necessary to accomplish the reasonable application of applicable standards as provided in this article and may deny any such application, but only in accordance with the standards outlined below. Attached to each application shall be a site plan as per the Site Plan Ordinance of the Borough of Lavallette.

§ 90-76 Standards.

A. Whereas the necessity for certain specific uses is recognized and at the same time appreciating the fact that they or any one of them may be or become inimical to the public health, safety and welfare of the Borough if located without due consideration to the existing conditions and surroundings, the following standards and procedures are hereby established. These standards are intended to provide the Planning Board with a guide for the purpose of reviewing certain uses not otherwise permitted except under restrictions of this article.

B. Application for uses herein specified, in the respective zones where they are so permitted by this chapter, shall be made as provided in the Site Plan Ordinance of the Borough of Lavallette.

§ 90-77 Automobile service stations and public garages.

Gasoline filling stations, automobile service stations and public garages shall be permitted in the Business District, provided that the following conditions and standards are complied with:

A. No automobile service station or parking garage or parking lot for five or more vehicles shall have an entrance or exit for vehicles within 200 feet along the same side of a street of any hospital, public building or institution located within the same block.

B. No automobile service station shall be permitted where any oil draining pit or visible appliance for any purpose, other than filling pumps, is located within 20 feet of any property line or within 50 feet of any residential district unless such appliance or pit is located within a building.

C. There shall be a minimum of 1,500 feet between automobile service stations, which distance shall be measured in a direct line between the closest property lines of each of the premises involved.

D. A set of plans and specifications, plot plan and a site plan of the proposed premises shall be filed in triplicate with the Planning Board, showing in detail an exact location of the automobile service station or public garage, the number and location of fuel tanks to be installed, the dimensions and capacity of each tank, the depth at which the tanks will be placed below the ground, the number and location of pumps to be installed, the type of structure and accessory buildings to be constructed, the number of automobiles which may be garaged and a description of the nature and extent of the proposed use.

E. Automobile service stations or public garages shall be on lots of not less than 10,000 square feet in area and 100 feet of frontage.

F. All gasoline pumps shall be located at least 25 feet from any side or rear property line.

G. No gasoline pumps shall be located nearer than 15 feet to any property line abutting a street or streets.

H. No pits, racks or lifts shall be permitted out of doors.

I. No ingress or egress drive shall be located within 30 feet of a street intersection and no such drive shall have a width of less than 20 feet or more than 30 feet.

J. No automobiles shall be offered for sale at a public garage or gasoline station, but the rental of automobiles shall be permitted at public garages.

K. No vehicle body repairs shall be carried out.

L. No junk or derelict vehicles shall be stored or maintained. Inoperable vehicles shall be stored only for a period reasonably necessary to permit repair.

M. The entire area of the site traversed by motor vehicles shall be hard surfaced.

N. The Planning Board shall determine that the site plan is appropriate to the area. It may require buffers of foliage and/or screen fencing if necessary to protect surrounding properties from the effect of light or noise generated on the property, or for aesthetic reasons.

O. Any repair of motor vehicles shall be performed in a fully enclosed building.

P. No gasoline shall be stored on any premises except in underground tanks.

Q. No residence of any kind shall be permitted on the premises having a gasoline filling station, auto service station or public garage.