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.
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.
F. All therapists must be licensed by the New Jersey Board of Massage
and Bodywork Therapy per P.L. 2007, c. 337, the Massage and Bodywork
Therapist Licensing Act.
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.