In all requests for approval of conditional uses, the burden
of proof shall be on the applicant. The Board of Adjustment 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, the character of the area,
vehicular travel patterns and access, pedestrian ways, landscaping,
lighting, signs, buffers, drainage, sewage treatment, potable water
supply, utilities and building and structure location(s) and orientation(s).
A site plan approval shall be required for all conditional uses.
A.
Multifamily dwellings, not to exceed four dwelling units on the second
floor of any building of which the first floor is devoted to a permitted
use enumerated in Schedule A.
B.
The multifamily dwellings shall not comprise more than 55% of the
floor area of the building (exclusive of cellars or basements and
attics), shall not have interior corridors greater than 20 feet in
length, exclusive of stairways.
C.
There shall not be more than one bedroom per dwelling unit and shall
not have a floor area of less than 750 square feet.
A.
The minimum lot size shall be three acres. Minimum building setback
from a front street line shall be 100 feet. The minimum width of each
side yard shall be 50 feet.
B.
The lot shall front on a collector or arterial road as specified
in the Borough Master Plan and all ingress and egress shall be limited
to such road.
C.
A minimum buffer area of 25 feet shall be provided along any common
property line.
D.
A parsonage, convent or rectory is an accessory use. Such use may
not exceed 4% of the lot area.
A.
The minimum lot size shall be three acres. Minimum building setback
from a front street line shall be 100 feet. The minimum width of each
side yard shall be 50 feet.
B.
The lot shall front on a collector or arterial road as specified
in the Borough Master Plan and all ingress and egress shall be limited
to such road.
C.
A minimum buffer area of 25 feet shall be provided along any common
property line.
D.
All recreational equipment and play areas shall be located in rear
and side yards only.
A.
Minimum lot size shall be 40,000 square feet, and shall meet the
minimum lot dimensions to those required in the Highway Business District.
B.
Minimum building setback from a front street line shall be 100 feet.
All pump islands shall be set back a minimum of 30 feet from any street
line. Minimum width of each side yard shall be 30 feet. On corner
lots, the side street setback line shall conform to that existing
or required on the side street. Minimum rear yard depth for service
stations shall be 50 feet.
C.
Maximum building coverage of principal building shall be 10%.
D.
Maximum building height. No building shall exceed 15 feet in height
and shall consist of no more than one story.
E.
Parking and paved area setbacks shall be those established for the
HB Districts.
F.
Parking on the site shall be limited to those vehicles of employees,
those which are involved in repairs or servicing at the station and
those commercial vehicles accessory and necessary to the operation
of the service station. No other parking shall be permitted. No parking
shall be permitted on unpaved areas or in the front yard area.
G.
There shall be a minimum of 1,500 feet between service stations,
which distance shall be measured from the nearest property lines;
provided, however, that this restriction shall not apply to stations
located along opposite side lines of a dual highway with traffic lanes
divided by a permanent median strip.
H.
All appliances, pits and storage areas other than gasoline filling
pumps and air pumps shall be within a building. 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.
I.
There shall be no outdoor storage or parking in a side or front yard
of wrecked, damaged, disabled, or disassembled vehicles, boats or
used automotive or marine parts or used supplies or material thereof.
Any such storage must be located in a rear yard and shall be screened
so that no stored vehicle or article shall be visible from the front,
from streets abutting the property or to any adjacent property. The
storage of such vehicles or articles shall be considered an accessory
use and shall meet the accessory building requirements for the HB
Zone.
J.
All garbage receptacles or other outside appurtenances shall be screened
by means of adequate landscaping or fencing.
A.
Minimum lot area for a new or used car facility shall be five acres,
with a minimum lot frontage of 200 feet, a minimum lot width of 200
feet and minimum lot depth of 400 feet.
B.
Minimum building setbacks shall be front yard 100 feet, rear yard
100 feet, side yards 50 feet each side.
C.
There shall be only one principal building. Showroom, sales area,
office space and service facilities shall all be considered principal
uses.
D.
One accessory structure is permitted and must meet the building setbacks
for principal building. An accessory structure shall be located at
least 50 feet from another building. The accessory structure shall
not exceed 4% of the lot area.
E.
The total coverage of all buildings and structures shall not exceed
20% of the lot area.
F.
Building and paved surfaces combined shall not exceed 70% of the
lot area.
G.
No banners, pennants, moving or fixed display devices, including
inflatables, or other items of an advertising nature shall be erected
on the lot or affixed to the exterior of the building or any improvement
of on the lot, with the exception of signs as authorized in this chapter.
H.
All areas for customer and employee parking shall be separated from
areas used for the storage of vehicles in inventory or for sale by
a clearly distinguishable physical barrier or open space.
I.
Vehicle service, including body work, shall be permitted as an accessory
use and shall be located entirely within a structure.
J.
The minimum aggregate ground floor area of all buildings shall be
10,000 square feet.
A.
There shall be a minimum lot area of two acres. All other yard and
bulk requirements of the HB District.
B.
The lot shall be at least 1,000 feet, measured in a straight line,
from the nearest property line of another drive-in establishment which
is located on either the same or opposite side of the street.
C.
The ground floor area of the building shall be at least 3,000 square
feet.
D.
Separate entrance and exit driveways and one-way traffic circulation
on the lot shall be maintained. Driveway openings shall be at 24 feet
in width with a radius at the curb line of at least three feet. There
shall be a safety zone of at least 50 feet between driveway openings
and no entrance or exit shall be located within 25 feet of an adjoining
property.
E.
Corner lots shall have a curb radius of at least 25 feet and driveway
openings shall be at least 50 feet from the radius tangent points.
F.
Off-street parking shall be provided in accordance with the requirements
of this chapter. In addition, no parking area shall be located within
10 feet of an adjoining property.
G.
Sidewalks, at least five feet in width, shall be provided along front
and side building walls.
H.
Appropriate fire lanes adjoining the building shall be maintained
where required.
I.
Trash receptacles for customer use shall be provided adjacent to
the parking area conveniently located for all parking spaces. There
shall be at least one receptacle for each six parking spaces, but
in no event less than four receptacles. Such receptacles shall be
of appropriate design which will not detract from the general appearance
of the site and shall be well secured to the ground surface.
J.
An area shall be provided for the orderly and convenient deposit
and pick-up of trash. Said area shall be located in the rear yard,
shall be enclosed on all four sides, with brick or masonry walls,
and shall be designed to conform in appearance to the principal building.
Said area shall be at least 25 feet from an adjoining property line.
A.
Home occupations are defined herein as permitted as conditional accessory
uses within residential districts and are also subject to the following
regulations:
(1)
The home occupation is practiced only by a member or members of the
household or individuals in permanent occupancy of the subject premises.
(2)
The area consumed by the home occupation (business) shall be located
within the principal dwelling and limited in area to not more than
one room, or 20% of the floor area of the floor level (exclusive of
basement) in which use is located, or 300 square feet of floor area,
whichever is less.
(3)
There shall be no signs, displays, or activity that will indicate
from the exterior that the structure is being used, in part, for any
purpose other than that of a residence. The public display of goods
visible from the public street or abutting properties shall be prohibited.
(4)
The home occupation use and all related activity, including storage,
shall be conducted completely within the confines of the dwelling
unit.
(5)
There shall be no commodities sold, or direct services rendered that
require receipt or delivery of merchandise, goods, or equipment by
other than a passenger motor vehicle or by parcel or letter carrier
mail service.
(6)
There shall be no special structural alterations or constructed features
to the residence, nor the installation of special equipment attached
to walls, floors, or ceilings.
(7)
The home occupation and any related activity shall not create any
traffic hazards or nuisances within the public streets and other public
rights-of-way and all vehicle parking generated by such operations
shall be located on the subject property to which the home occupation
is a permitted conditional accessory use.
(8)
There shall be no perceptible noise, odor, smoke, electrical interference,
vibration, or other nuisance emanation from the structure in which
the home occupation is located in excess of that normally associated
with a residential use.
B.
Prohibited home occupation uses. The following uses shall not be
deemed home occupation uses and are prohibited in all residential
zones and in all dwelling units located within nonresidential districts:
(1)
The operation of clinics, hospitals, alcohol rehabilitation facilities
and outpatient dispensaries;
(2)
The services of a doctor, dentist, veterinarian, psychologist, nursing
or convalescent care or other health-care service which involves patient
or client visitation;
(3)
The services of any professional, including but not limited to lawyers,
accountants, real estate sales, insurance agents, etc., which involves
client visitation;
(4)
Barber shops, beauty parlors, massage parlors, tanning salons, tattoo
parlors, or any similar personal services;
(5)
Pet-care/grooming, kennels, animal hospitals or animal recuperation/rehabilitation
services, or any similar services for animals;
(6)
Music or dance lessons other than for individual instruction of one
pupil at a time;
(7)
The dispensing of food for consumption on and/or off the premises;
(8)
The operation of a taxi service, or the operation of a limousine
service having more than one limousine parked on the premises;
(9)
The operation of a business which results in the storage or maintenance
of construction equipment such as, but not limited to, backhoes, dump
trucks, flat-bed trucks, equipment trailers, tractors, compressors,
cement mixers and similar equipment;
(10)
The storage, maintenance, repair or sale of motor-powered equipment
such as, but not limited to, automobiles, trucks, motorcycles, motor
bikes or lawn mowers; provided, however, that such activities if otherwise
lawful may be conducted by residents of the property in connection
with motorized equipment owned by such residents for their own personal
use;
(11)
The assembly or storage of motor vehicles for shipment; and
(12)
Assembly or manufacturing of any kind.
C.
All home-based businesses, as defined herein, shall be required to
register with the Borough. A renewable permit shall be issued by the
Borough and shall be renewed by the property owner on an annual basis
on or before January 31 each year. A registration fee of $50 shall
accompany each application each year.
Massage and related therapies are permitted as conditional accessory
uses within designated nonresidential districts and are also subject
to the following regulations:
A.
If not a part of a professional office, a stand-alone operation [independent?],
the use is restricted to the Highway Business District.
B.
The lot shall be at least 1,500 feet, measured in a straight line,
from the nearest property line of another massage therapy establishment
which is located on either the same or opposite side of the street.
C.
The minimum gross floor area of an independent therapist's office
shall be 1,800 square feet.
D.
The entrance must remain unlocked when open for business.
E.
The entrance to such establishments must be facing Highway Route
23.
G.
All independent therapy establishments shall be required to register
with the Borough. A renewable permit shall be issued by the Borough
and shall be renewed by the establishment owner on an annual basis
on or before January 31 each year. A registration fee of $100 shall
accompany each application each year. The application shall include
a provision for the license number of each therapist employed at that
location.
H.
Must not be located within 1,500 feet, measured in a straight line,
from the nearest property line of an adult book, video or novelty
type store which is located on either the same or opposite side of
the street.
I.
Must not be located within 1,500 feet of a church, school, and residential
zone.
A.
The lot shall be at least 1,500 feet, measured in a straight line,
from the nearest property line of another adult book, video, or novelty
establishment which is located on either the same or opposite side
of the street.
B.
The minimum gross floor area shall be 1,800 square feet.
C.
The entrance to such establishments must face Highway Route 23.
D.
Must not be located within 1,500 feet, measured in a straight line,
from the nearest property line of an adult book, video or novelty
type store which is located on either the same or opposite side of
the street.
E.
Sign with lettering no less than six inches in height warning of
the adult nature of the contents of the store must be prominently
displayed on the door of the entrance.
F.
Must not be located within 1,500 feet, measured in a straight line,
from the nearest property line of a massage therapy establishment
which is located on either the same or opposite side of the street.
G.
Must not be located within 1,500 feet of a church, school, or residential
zone.
