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.
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 following:
(1) 
That the use will not injure, create a hazard or detract from the use of neighboring property. Equipment, vehicles or supplies used in the performance of the business shall not be stored outside the building.
(2) 
That the use will not detract from the character of the neighborhood.
(3) 
That the use of property adjacent to the area included in the plan is adequately safeguarded.
(4) 
That the property is suitable for the intended use.
(5) 
That the use will serve the best interests of the Borough.
(6) 
That the use will not adversely affect public sewers and facilities such as water, sewer, police and fire protection.
(7) 
That the use will not adversely affect the drainage facilities in the adjacent neighborhood.
(8) 
That there shall be no display or sale of any merchandise whatsoever in the street right-of-way.
(9) 
That all merchandise accessible to the public shall be adequately safeguarded to prevent injury to persons.
(10) 
The building design and colors shall be consistent with the neighborhood.
(11) 
Additional requirements and standards as listed in this code.
A. 
Minimum lot size shall be 15,000 square feet.
B. 
Minimum lot width at the setback shall be 100 feet.
C. 
Minimum front yard shall be 20 feet.
D. 
Minimum side yard shall be 20 feet each.
E. 
Minimum rear yard shall be 20 feet.
F. 
Parking shall be based on the standards found in this chapter.[1]
[1]
Editor's Note: See § 128-52 and Art. XIV, Off-Street Parking.
G. 
No parking shall be closer than 20 feet to any property line.
A. 
Home occupations may be permitted only within the principal and conforming building on a lot. Home occupation uses shall not be permitted in accessory buildings without a variance.
B. 
Floor area devoted to home occupations. The area of a dwelling used for the activities of a home occupation may not exceed 15% of the total gross floor area of the dwelling, excluding basements, attics and/or garages.
C. 
No more than two nonresident employees, paid or unpaid, including the owner/principal, may be permitted to work within the home occupation. The business owner/principal must be a resident of this home.
D. 
No goods, materials, supplies, equipment or items of any kind may be delivered either to or from the premises, except in a passenger vehicle or step-type van; and no goods, materials, supplies, equipment or other items may be stored or displayed on or about the exterior of the property or on or in a truck or trailer.
E. 
Sales shall be incidental to the home occupation and home professional.
F. 
Business hours for the home occupation may not extend beyond the period between 8:00 a.m. and 8:00 p.m. Although residents of the home occupation may conduct business beyond the designated hours, no nonresident employee or business-related visitors may be on the property for business reasons beyond designated business hours.
G. 
Vehicle traffic (including deliveries) required by the home occupation shall not exceed two vehicles per day Monday through Saturday and no traffic on Sunday.
H. 
Any property used as a home occupation shall have no visible exterior characteristics which do not completely conform to those of a typical residence. This applies to the site, architecture, signs, lighting and any other features. A small professional nameplate, not exceeding two square feet in area, shall be permitted.
I. 
No measurable impacts, such as noise, vibrations, dust, odors, fumes, smoke or glare may be caused by the home occupation. No equipment may be utilized which interferes with radio or television reception within the area.
J. 
A certificate of occupancy shall be required for the floor area devoted to the home occupation.
K. 
Prohibited home occupations. The following activities are specifically prohibited within the context of permitted home occupations: animal hospitals, commercial stables, kennels, funeral parlors or undertaking establishments, restaurant, lodging, any type of retail or wholesale business or any type of manufacturing.
A. 
The minimum lot size for service stations shall be 15,000 square feet and the minimum frontage shall be 150 feet.
B. 
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 20 feet to any right-of-way 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.
C. 
No junked motor vehicle, or part thereof, shall be permitted on the premises of any service station. No more than three motor vehicles incapable of operation shall be located at any one time upon the exterior premises, except a registered vehicle may be stored on the premises for a period of time not to exceed seven days, provided that the owners of said motor vehicles are awaiting their repair or disposition. All stored vehicles shall be located in the rear of the property adequately screened.
D. 
Landscaping shall be provided in the front yard area equal to at least 25% of the front yard area, and such landscaping shall be reasonably distributed throughout the entire front yard area.
E. 
The exterior display and parking of motor vehicles, trailers, boats or other similar equipment for sale shall not be permitted as part of a service station.
F. 
Service stations shall provide adequate parking in accordance with this chapter.[1]
[1]
Editor's Note: See § 128-52 and Art. XIV, Off-Street Parking.
G. 
Any service station which includes a convenience shop selling retail goods such as beverages, packaged foods or sundries shall provide parking in accordance with this chapter. Such parking shall not interfere with aisles or lanes for servicing vehicles. The Board shall consider distance to adjacent residential neighborhoods and the safety of pedestrians from such neighborhoods to the service station.
H. 
All other applicable requirements of this code must be satisfied.
See Article XIX, Bed-and-Breakfast Establishments.
Yacht clubs shall meet all applicable requirements of this code.
A. 
The principal building shall be a minimum of 1,500 square feet and the total floor area of the principal building shall not be more than 20% of the total lot area.
B. 
All mechanical activities must be conducted within a totally enclosed building.
C. 
Off-street parking shall be provided in accordance with this code. [1]
[1]
Editor's Note: See § 128-52 and Art. XIV, Off-Street Parking.
D. 
All other area, yard, building coverage, height and general requirements of the respective zone must be met.
E. 
Other development standards of the applicable zone shall be satisfied.
A. 
A principal building containing a minimum of 1,500 square feet of total floor area shall be provided.
B. 
Minimum lot size shall be 45,000 square feet.
C. 
All vehicle displays shall occur on-site.
D. 
All other standards of the applicable district shall be satisfied.
In specific areas of the GB General Business District, restricted manufacturing may be used for the manufacture of products upon the approval of the Planning Board, provided that the Planning Board finds that the use will not:
A. 
Cause or causes any vibrations or odors that can be felt or smelled by persons in any residence district of the Borough at any time.
B. 
Cause or causes at any time on weekdays between the hours of 8:00 p.m. and 8:00 a.m., or at any time on Sundays, any noises that can be heard by persons in any residence district of the Borough.
C. 
Cause at any time on weekdays between the hours of 8:00 a.m. and 8:00 p.m. any noises, audible in any residence district of the Borough, that can be reduced or eliminated by the use, on the business, commercial or manufacturing premises, of reasonable noise-prevention means or methods.
D. 
Cause or causes at any time on weekdays between the hours of 8:00 a.m. and 8:00 p.m. any noises notwithstanding any noise-prevention means or methods that may be employed on the business, commercial or manufacturing premises constituting a nuisance to persons in any residence district of the Borough.
A. 
Residential apartments above first-floor businesses shall be limited to one apartment per floor.
B. 
Apartments shall have a minimum gross floor area of 600 square feet.
Country clubs shall meet all applicable requirements of this code.
A. 
An outdoor play area shall be provided in accordance with the applicable regulations of the State of New Jersey.
B. 
Outdoor play areas shall be fenced in accordance with the regulations of this chapter.[1]
[1]
Editor's Note: See Art. XIII, Fences.
[Added 5-3-2006 by Ord. No. 5-2006]
Telecommunications towers shall be subject to the following conditional use standards:
A. 
Telecommunications towers shall mean a structure that is designed to include antennas and electronic control equipment at the base in order to provide wireless communications services such as telephone, telecommunications services and personal wireless services.
B. 
Any telecommunications tower shall be located on an existing lot that is owned and used by the municipality, a municipal agency or a public utility company for providing public utility services, i.e., water, sewer, electric, gas, telephone and cable services, to residential and nonresidential uses in the Borough.
C. 
A telecommunications tower may not be located within 500 feet of an existing telecommunications tower.
D. 
The height shall not exceed 220 feet.
E. 
Provision is made to allow antennas for emergency service agencies such as police, fire and rescue services.
F. 
The telecommunications tower is designed to collapse upon itself to avoid damage at a distance from the tower.
G. 
A site plan application, together with a site plan, complying with the requirements of § 109-8, Site plan details, shall be required. Notice of the application shall be made to all property owners within 200 feet of the property, as well as all utility companies that have registered with the Borough to receive such notices.
H. 
Cross-easements for access and utilities shall be provided for sites that are leased.
I. 
An indemnification and hold harmless agreement in favor of the Borough shall be submitted.
J. 
A schedule shall be submitted indicating the frequency of site visits and the frequency of inspections for the structural integrity of the tower.
K. 
All base facilities shall blend with the character of the neighborhood with a landscape buffering located around the base of the tower.
L. 
If the tower has been vacant for six months, the tower shall be removed to the top of the foundation within two months, and the site shall be restored to its original condition.