A.
List of conditional uses.
(1)
Houses of worship.
(2)
Home occupation uses.
(3)
Senior citizen housing/life care facilities/assisted living.
(4)
Service stations.
(5)
Hotels, motels, motor courts, motor hotels and conference centers.
[Amended 1-11-2008 by Ord. No. 1-1-2008]
(6)
Warehousing.
(7)
Adult bookstores and/or adult retail.
(8)
Billboards.
(9)
Car washes.
(10)
Public, private or parochial educational institutions.
(11)
New automobile sales and service facilities.
(12)
Fraternal organizations.
(13)
Fast food without drive-through or window facilities.
[Amended 8-10-2010 by Ord. No. 18-8-2010]
(14)
Arcades.
(15)
Single-family detached dwellings served by a centralized wastewater collection facility.
(16)
Theaters.
(17)
Outdoor storage.
(18)
Apartments as accessory uses.
(19)
Helistops.
[Added 8-10-2010 by Ord. No. 17-8-2010 and 4-12-2011 by Ord. No. 7-4-2011]
(20)
Fast food with drive-through or window facilities.
[Added 8-10-2010 by Ord. No. 18-8-2010 ]
(21)
Nonclustered single-family detached dwellings.
[Added 7-25-2012 by Ord. No. 20-7-2012]
B.
Procedure.
(1)
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.
(2)
The review by the Planning Board of a conditional use shall include any required site plan review pursuant to this Code. Public notice and a hearing shall be required.
(3)
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 uses, the character of the area, vehicular travel patterns and access, pedestrianways, landscaping, lighting, signs, drainage, sewage treatment, potable water supply, utilities and building and structure location(s) and orientation(s).
C.
The following conditional uses shall be subject to the standards set forth in this section:
(1)
Houses of worship.
(a)
Minimum lot size shall be four acres without public water and/or public sewer, or three acres with public water and public sewer, except in the FA or FW Zones, in which case 20 acres shall be required. When a school is proposed as an additional use of the property, the minimum lot area required shall be the total of the areas required for each use. [See Subsection C(10) below for standards governing schools.]
(b)
Minimum lot width at the setback shall be 300 feet.
(c)
Minimum front yard shall be 100 feet.
(d)
Minimum side yard shall be 75 feet.
(e)
Minimum rear yard shall be 100 feet.
(f)
The maximum height of any structure shall not exceed 35 feet, except for steeples or other architectural features customarily associated with houses of worship and having extraordinary height requirements which shall be no higher than 60 feet above the finished grade.
(h)
No parking shall be closer than 30 feet to any property line.
(i)
The maximum permitted building coverage shall not exceed 20%.
(j)
The maximum permitted impervious coverage shall not exceed 50%.
(k)
The 25 feet closest to the property line or the public street shall be designed with berms and landscaping materials, with emphasis given to screening parking areas from the street and buffering the parking, the church structures and recreational areas from any neighboring residential properties.
(2)
Home occupations permitted as conditional uses. Home occupations which require more extensive use of a dwelling and are more visible to the public are permitted as conditional uses. If a use cannot meet the limits of one or more of the following conditional use standards, one must apply to the Zoning Board of Adjustment for a variance in accordance with N.J.S.A. 40:55D-70d(3), a conditional use variance. The standards are listed below:
(a)
The use must meet the definition of home occupation in this Code.
(b)
Buildings/lots permitted for home occupations. Home businesses may only be permitted within the principal and conforming building on a conforming lot in accordance with the requirements of the applicable residential zone. Furthermore, the principal building must meet all bulk and area requirements.
(c)
Floor area devoted to home occupations. The area of a dwelling used for the activities of a home occupation may not exceed 35% of the total gross floor area of the dwelling, or 600 square feet, whichever is less. Also, all home occupation activities must take place indoors within the designated and permitted floor area.
(d)
Number of nonresident employees. No more than one nonresident employee may be permitted to work within the home occupation.
(e)
Number of visitors permitted. Those individuals, clients, customers, patients, and patrons who visit the subject home occupation for business purposes shall be limited to no more than two individuals on the property at any one time.
(f)
Deliveries. No goods, materials, supplies 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 materials, supplies, equipment, or other items may be stored on or about the exterior of the property or on or in an open truck or trailer.
(g)
Sales products. Sales shall be incidental to the home occupation and home professional. There shall be no exterior display of products.
(h)
Hours of operation. 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 the designated business hours.
(i)
Parking. Off-street parking shall be provided for the home occupation in accordance with Chapter 160, Zoning.
(j)
Business vehicles. No more than one business vehicle may be parked on the property at any one time, and no such vehicle shall exceed 8,000 pounds registered vehicle weight.
(k)
Exterior appearance of the site. 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.
(l)
Impacts. No measurable impacts, such as noise, vibrations, dust, odors, fumes, smoke, or glare, may be caused by the home occupation. Also, no equipment may be utilized which interferes with radio or television reception within the area.
(m)
Certificate of occupancy. A certificate of occupancy shall be required for the floor area devoted to the home occupation.
(n)
Minor site plan approval. A home occupation requiring a conditional use approval shall receive minor site plan approval in order to operate.
(o)
Prohibited home occupation. The following activities are specifically prohibited within the context of permitted home occupations: animal hospitals or shelters, commercial stables, kennels, funeral parlors or undertaking establishments, restaurants, lodging, or any type of retail or wholesale business.
(3)
Senior citizen housing/life care facilities/assisted living.
(a)
No site shall contain less than five acres.
(b)
The maximum residential density shall not exceed 4 1/2 dwelling units per gross acre.
(c)
The maximum building height shall not exceed 30 feet, whichever is greater.
(d)
Parking shall be provided in accordance with the New Jersey Residential Site Improvement Standards.
(e)
Individual dwelling units shall meet or exceed minimum design requirements specified by the New Jersey Housing Finance Agency.
(f)
A land area or areas equal in aggregate to at least 250 square feet per dwelling unit shall be designated on the site plan for the recreational use of the residents of the project.
(g)
Prior to any Township approval, the following prerequisites shall have been accomplished:
[1]
Verification that there are adequate utility services and support facilities for the project.
[2]
Assurance that the occupancy of such housing will be limited to households, the single member of which, or either the husband or wife of which, or both, is/are 55 years of age or older, or as otherwise defined by the Social Security Act, as amended, except that this provision shall not apply to any resident manager and family resident on the premises.
[3]
Verification of preliminary approval of the project by any state or federal agency which finances or assists the financing or operation of such housing.
(h)
Nursing care units shall not exceed 85 units.
(i)
All other applicable requirements of the Ordinances of the Township of Evesham must be satisfied.
(4)
Service stations.
(a)
The minimum lot size for service stations shall be 20,000 square feet, and the minimum frontage shall be 150 feet.
(b)
No service station/auto repair shop shall be located within 500 feet of any fire house, school, playground, church, hospital, public building or institution or within 2,000 feet from an existing service station.
(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 50 feet to any right-of-way line. Canopies designed to protect the pumping area may be located within 40 feet of 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.
(d)
No junked motor vehicle or part thereof, or motor vehicles incapable of normal operation upon the highway, shall be permitted on the premises of any service station. If more than three motor vehicles incapable of operation shall be located at any one time upon the exterior premises except, however, that not more than six motor vehicles may be located upon any service station premises outside a closed or roofed building for a period of time not to exceed seven days, providing that the owners of said motor vehicles are awaiting their repair or disposition.
(e)
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.
(f)
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.
(i)
Any service station which includes a convenience shop selling retail goods such as beverages, packaged food goods or sundries shall provide parking in accordance with Chapter 160, Zoning. 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.
(j)
All other applicable requirements of this chapter must be satisfied.
(k)
Car washes, vehicle rental uses, parking for a fee or other activity specifically a part of the operation of the service station are permitted. In such cases, all other standards of this chapter for these uses must be maintained, in particular, parking, stacking lane length and buffering.
(5)
Hotel/conference centers.
(a)
All performance criteria of the Commercial-1 Zone shall be satisfied.
(b)
Maximum floor area ratio shall be 0.25.
(c)
Floor area ratio can be increased to 0.30 if structured parking is used to accommodate at least 50% of the parking demand for the center.
(d)
Restaurants, barbershops, gift shops, health spas, magazine/newspaper stands and similar uses shall be permitted as accessory uses, provided they have no outside building access for customers and no outside advertising.
(e)
Occupancy in any hotel, motel, motor court or motor hotel shall be limited to no more than 14 days in any thirty-day period, regardless of any room or unit changes by any such occupant during any such time period.
[Added 1-11-2008 by Ord. No. 1-1-2008]
(f)
Every hotel, motel, motor court or motor hotel shall keep and maintain records of the names, addresses and dates of occupancy for all persons who occupy a room or unit at such hotel, motel, motor court or motor hotel.
[Added 1-11-2008 by Ord. No. 1-1-2008]
(g)
The records required under Subsection C(5)(f) above shall be produced for inspection and/or copying by the Township’s Zoning Officer, or such other person designated by the Township Manager.
[Added 1-11-2008 by Ord. No. 1-1-2008]
(h)
In the event of a declared federal, state, county or local emergency, the Township Manager may waive the limits upon the duration of any occupancy set forth in this subsection.
[Added 1-11-2008 by Ord. No. 1-1-2008]
(i)
Individual units or rooms may not contain a range-top cooking facility. Microwave ovens and mini-refrigerators are permitted as an amenity.
[Added 1-11-2008 by Ord. No. 1-1-2008]
(7)
Adult bookstores and/or adult retail.
(a)
Purpose. These regulations are adopted in furtherance of all of the public purposes of municipal zoning and planning, including, but not limited to, guiding the appropriate use and development of the Township of Evesham in a manner which will promote the public health, safety, morals and general welfare, and in order to meet the needs of citizens of the Township of Evesham and of the State of New Jersey, while maintaining the quality and character of the Township of Evesham and deterring the growth and spread of blight and crime (especially prostitution, sexual offenses, public indecency, and related offenses). It is recognized that there are some uses commonly known as "adult" uses which, because of their very nature, are recognized as having serious objectionable operational characteristics, particularly when those uses are located near residential areas or in other inappropriate locations, or without sufficient showing that those uses in a specified location will comply with the conditions and standards for the location and operation of those uses. Therefore, special regulation of these objectionable adult uses is deemed necessary to ensure that adverse effects will not contribute to the blighting or downgrading of the Township of Evesham. In no way is the fact that the Township of Evesham regulates any or all of the adult uses described herein, or prohibits or allows them in the various zoning districts, to be construed as approval of or condoning of those uses.
(b)
No lawful adult use shall be located within 1,000 feet of any residential district, single-family or multifamily dwelling; within 1,000 feet of any existing house of worship; within 1,000 feet of any religious, charitable or nonprofit institution, public community center, park, playground, recreation center, or similar use; within 1,000 feet of any premises licensed for the sale or distribution of alcoholic beverages; or within 1,000 feet of any public or private school, nursery or child-care center. The foregoing distance limitations shall be measured by a straight line drawn from the nearest point of the lot boundary on which the proposed adult use is to be located to the nearest point of the lot or district boundary, as the case may be, of the other use or district, and those uses, district boundary lines and dimensions shall be indicated on the submitted site plan. No permitted adult use shall be located within 1,000 feet of any existing residential use or residential zone in the Township of Evesham or in any contiguous municipality.
(c)
Adult uses must be located in a freestanding building which will include a buffer zone to separate it from family-oriented businesses.
(d)
Adult uses in buildings having a capacity of 50 or more persons are excluded from all zones.
(f)
Signs shall meet the requirements specified for industrial park activities in the IP District; additionally, no specified anatomical areas or specified sexual activity shall be shown, described or depicted on any signs, advertisements, displays or exhibits that are visible from outside the building.
(g)
The interior of the adult use building shall be designed so that no interior contents of the building are visible at any time from the outside through windows, door openings or in any other manner.
(h)
The interior of any building in which an adult use is located shall be adequately lighted and shall be constructed so that every portion thereof is readily visible without obstruction to the clerk or other person in charge of the building from the counter, booth, cash register or other place where the person is normally stationed.
(i)
All other applicable requirements of the IP District and of the Zoning and Land Development Ordinances of Evesham Township shall be met.
(j)
Hours of operation shall not be earlier than 9:00 a.m. nor later than 12:00 midnight, prevailing time, on weekdays, and no operation shall be permitted on Saturdays and Sundays.
(8)
Billboards.
(a)
Billboards, including all off-premises advertising signs, are permitted in the IP District only.
(b)
All standards applicable to freestanding signs in the applicable district shall be applicable to billboards, specifically including requirements regarding height, area, buffers and setback.
(c)
Billboards shall require site plan approval from the Board.
(d)
The site plan shall require the provision and maintenance of a clear sight triangle whenever located on a corner lot.
(e)
It is hereby determined that billboards are not appropriate for inclusion in certain districts where the character, identity and integrity of the district could be adversely affected by such signs. Accordingly, no billboards shall be permitted in any district other than the IP District.
(f)
All other development standards of the IP District shall be satisfied.
(9)
Car washes.
(a)
The principal building shall be a minimum of 2,500 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.
(d)
One sign shall be permitted, either freestanding or attached, not exceeding an area equivalent to 5% of the first floor portion of the front facade or 75 square feet, whichever is smaller. Freestanding signs shall be set back at least 25 feet from all street and lot lines.
(e)
All of the other area, yard, building coverage, height and general requirements of the respective zone must be met.
(f)
Other development standards of the applicable zone shall be satisfied.
(10)
Public, private or parochial educational institutions.
(a)
Public and private schools offering early childhood, elementary and/or secondary secular or religious education instruction and approved by the State of New Jersey shall be located on a lot of no less than two acres in size or twice the minimum lot size of the zone within which such use is conditionally permitted, with a minimum lot width of 200 feet.
(b)
No building shall be located within 50 feet of a lot line.
(c)
No accessory use shall be located within 25 feet of a lot line.
(d)
The use shall have direct access to a street classified as other than a local street as shown in the Evesham Township Master Plan.
(e)
A planted buffer area of not less than 15 feet in depth and fencing or both shall be required between all parking areas, outdoor facilities and adjacent lot lines. This provision may be waived if natural topography, wetlands or other natural or man-made features adequately separate parking areas from adjoining residentially zoned land.
(f)
Parking shall be required in accordance with the standards set forth in Chapter 160, Zoning. Sufficient space for school bus loading and unloading shall be provided.
(g)
Other development standards of the applicable district shall be satisfied.
(11)
New automobile sales and service facilities.
(12)
Fraternal organizations.
(a)
Minimum lot size shall be two acres.
(b)
Minimum frontage shall be 150 feet.
(c)
Minimum front yard setback shall be 50 feet.
(d)
Minimum side yard setback shall be 25 feet.
(e)
Minimum rear yard setback shall be 30 feet.
(f)
Off-street parking requirements shall meet the standards provided elsewhere in Chapter 160, Zoning.
(g)
Buffers shall comply with those of office uses.
(13)
Fast food without drive-through or window facilities.
[Amended 8-10-2010 by Ord. No. 18-8-2010]
(a)
The restaurant shall be either situated as one of the stores in an existing shopping center development or shall be newly constructed in a manner such that it shall be physically attached to a shopping center structure. Such shopping center must be a minimum of 8,000 square feet.
(b)
The restaurant must provide trash and recycling receptacles both inside and outside the building. Those receptacles placed outside must be secured and visually compatible with the overall development.
(c)
If outdoor seating is proposed, the applicant must demonstrate that a clear sidewalk area a minimum of six feet in width will be maintained.
(d)
Signage shall conform to the zone district.
(14)
Arcades.
(a)
There shall be 60 square feet of operating area for each machine. The calculation of the operating area shall exclude any area of the premises which is used for other purposes, such as for eating, toilet facilities and other uses not directly associated with or essential to the amusement machines, but shall include access and walkways primarily serving the machine.
(b)
A minimum of 1,500 square feet of operating area shall exist.
(c)
A maximum total number of machines shall be 40.
(d)
Off-street parking shall be provided at a ratio of one off-street space for each two licensed machines.
(e)
Adequate special parking facilities for bicycles, mopeds and motorcycles shall be provided as determined by the Planning Board as part of site plan review.
(f)
No such enterprise shall be located closer than 1,000 feet to a primary or secondary school, measured door to door.
(g)
No sound from any licensed machines shall be discernible in any adjacent premises.
(h)
Food and beverages may be prepared and/or dispensed as an accessory use to a primary use, provided that the amount of area devoted to the storage, preparation, serving and consumption shall not exceed 25% of the gross floor area of the primary use and shall comply with all other applicable ordinances.
(i)
No device shall be placed within 30 feet of an entry or exit of the premises.
(j)
In considering the approval of such premises as a conditional use, the Planning Board shall consider the potential impact of the use at the proposed location on such factors as traffic circulation and safety, the impact on surrounding businesses and residences and any potential detrimental effects to the health, safety and welfare of the citizens of Evesham Township.
(15)
Single-family detached dwellings served by a centralized wastewater collection facility.
(a)
The minimum lot area for a single-family detached dwelling shall be six acres.
(b)
The lot proposed for development, together with all contiguous lands in common ownership, shall be considered as one parcel.
(c)
A maximum of one single-family detached dwelling may be developed. All development must meet the standards contained in N.J.A.C. 7:50-6, with the exception of N.J.A.C. 7:50-6.84(a)4.
(d)
The parcel proposed for development must adjoin the RG-1, RG-2 or OP Zones.
(e)
Sewer service may be provided to existing uses on the parcel but must be provided to any existing use which does not meet the standards of N.J.A.C. 7:50-6.
(f)
The physical connections to the sewer collection system must be designed and located in such a way that they do not facilitate future connections to parcels not otherwise qualifying for sewer service as a conditional use.
(g)
The remainder of the parcel not assigned to individual residential lots, including all contiguous lands in common ownership, shall be dedicated as open space through recordation of a restriction on the deed to the property with no further development permitted except agriculture, forestry and low-intensity recreational uses or consistent with any future rezoning of the parcel by the Township if approved by the Pinelands Commission.
(16)
Theaters.
(a)
For theater uses requiring more than 300 parking spaces, unimpeded access (both ingress and egress) shall be provided from the property upon which the theater use is located directly onto a major arterial street. To provide the direct access required under this section, the property upon which the theater structure is located must be contiguous and adjacent to a major arterial street, and the direct access must be located within the frontage of the theater property along and upon a major arterial street.
(b)
A safety and security plan shall be submitted identifying measures to be followed in the operation of the premises, including, but not limited to, the following: number of security guards, fire evacuation plans, emergency vehicle access and measures for patron safety.
(c)
A pedestrian circulation plan including sidewalks, bikeways, bikepaths and other facilities required by the Evesham Township Master Plan and this chapter shall be submitted to adequately separate vehicular movements from pedestrian traffic within the site proposed for development.
(d)
The required traffic impact study report (§ 15-26) must demonstrate that the conditional use will not adversely impact traffic safety and/or traffic levels of service in the surrounding neighborhoods.
(e)
A site signage plan shall be submitted at the time of preliminary application. This plan must include site directional, informational, attached, freestanding, and safety signage. Colors, materials, height, and methods of illumination must be included.
(f)
Freestanding signs shall be limited to a theater identification sign. A list of individual movies or events shall not be permitted.
(g)
Attached signs shall be limited to a total square footage not to exceed 200 square feet for the purpose of identifying the movies or events in the theater.
(h)
In addition to the buffering requirements of § 160-17, the proposed conditional use must satisfy the following distances from existing adjoining zones or uses, measured from the outbound property line of the site proposed for development:
(i)
A patron pickup and dropoff area, consisting of a minimum of two physically separated fourteen-foot-wide, one-way lanes shall be provided adjacent to the building facade containing the main theater entrance, in a location which does not interfere with the vehicular or pedestrian circulation that would otherwise be required. Short-term stopping spaces provided in these dropoff lanes shall be in addition to the number of required off-street parking spaces and shall only be used for pickup and dropoff of passengers.
(17)
Outdoor storage. Outdoor storage of any kind as an accessory use of a nonresidential use, as permitted by the district.
(a)
Outside storage shall be located no closer than 100 feet to any street, or, if located in a side yard area along a building, it must be behind the front half (based on the average building depth) of the building, whichever results in a greater setback.
(b)
If outside storage is proposed for the side yard along a building or behind the front yard area of a corner lot, it must be screened with a wall, solid fence or berm to a height no greater than eight feet. This screening must be accompanied by landscaping, which must include a combination of evergreen and deciduous materials designed in conjunction with the overall site landscaping plan.
(c)
Materials stacked within an outside storage area shall not be stacked higher than the height of the screening material or eight feet, whichever is less.
(d)
Outside storage shall be placed at least 20 feet from any property line, except in the rear yard area, where the setback may be reduced to 10 feet where the length and use of the lot and the nature of the adjoining uses make the full setback not practical or not necessary.
(e)
Outdoor storage shall not cover more than 10% of the lot.
(f)
Outdoor storage adjacent to a residential district or use shall be screened to the same extent as described for a high screen in § 160-17D(6)(b).
(g)
A request for outside storage must be accompanied by a complete site plan, landscaping plan and cross sections, where appropriate. If planned for an area adjacent to a residential district or use, the plan must indicate the location of all residential structures within 200 feet of all property lines, and a general description and plan of the existing vegetation along the common boundary line must be provided.
(18)
Apartments as accessory uses.
(a)
Where provided in this chapter, apartments are permitted only when accessory to the permitted uses in a district.
(b)
Apartments may not be located on the first floor.
(c)
No more than four apartments shall be provided as accessory uses on any one lot.
(d)
The floor area of a structure devoted to accessory apartments must be less than the floor area devoted to the principal permitted use.
(e)
Parking shall be provided in accordance with the New Jersey Residential Site Improvement Standards.
(19)
Helistops. Helistops, when authorized by the Planning Board as a conditional accessory use, are subject to the standards set forth in § 161-1B and the following requirements:
[Added 8-10-2010 by Ord. No. 17-8-2010; amended 4-12-2011 by Ord. No. 7-4-2011]
(a)
A helistop may be permitted by the Planning Board as a conditional accessory use when the principal use is an approved industrial or office use in the C-1 Commercial or IP Industrial Park Zoning Districts.
(b)
The site must be located within one mile of the center line of New Jersey State Highway Route 73, measured in a straight line.
(c)
Such facility shall meet all of the requirements for the issuance of a helistop private use license, by the Division of Aeronautics, Department of Transportation, State of New Jersey.
(d)
Flights from the proposed helistop, including landings and takeoffs, will conform to all federal laws and regulations of the Federal Aviation Administration.
(e)
With regard to the landing and takeoff pads or sites:
[1]
They shall not exceed 150 feet in width in the C-1 Commercial or IP Industrial Park Zoning Districts.
[2]
They shall be of dust-free surface (such as properly maintained grass) or pavement but, if pavement, shall conform to specifications required for construction of local streets.
[3]
Flight patterns for helistop approaches and departures should follow Route 73 and Route 70 whenever possible so as to minimize disturbance to residential areas.
[4]
Adequate parking for the helistop shall be provided as approved by the Planning Board.
[5]
Landing pads must be set back a minimum of 15 feet from a lot line adjoining a nonresidential use or zoning district and must be set back a minimum of 40 feet from a lot line adjoining a residential use or zoning district. Buffering and screening must be provided consistent with the requirements of § 160-17. Where a planned office or industrial development includes more than one tax lot and is under common ownership and management, the planned development may be considered one lot for the purposes of this subsection.
[6]
A helistop in the Commercial or Industrial Park Districts shall not include a hangar and repair facility.
(f)
All helistops shall permit use by police and medical emergency helicopters.
(g)
Takeoffs and landings shall be prohibited between the hours of 10:00 p.m. and 7:00 a.m.
(h)
Fueling facilities shall not be permitted.
(i)
Fencing may be required in accordance with the standards set forth by the Federal Aviation Administration.
(j)
Identification markings shall be placed flush on the landing and takeoff pad. Company logos may be used on single user helistops. Letter and logo marking shall not exceed 50 feet by 40 feet.
(k)
Rooftop helistops are prohibited.
(l)
Wind socks and other navigational instruments are permitted, but may not exceed 25 feet in height.
(m)
Adjacent tall buildings and similar objects in the flight path may be marked for safety purposes if required by outside agencies.
(n)
A directional and safety sign program shall be submitted with the application.
(o)
A primary approach/takeoff path alignment with the prevailing winds shall be designated.
(20)
Fast food with drive-through or window facilities.
[Added 8-10-2010 by Ord. No. 18-8-2010]
(a)
The restaurant shall be either situated as one of the stores in an existing shopping center development or shall be newly constructed in a manner such that it shall be physically attached to the existing shopping center structure.
(b)
Such shopping center development shall be situated on a site not less than 2.5 acres (108,900 square feet) in size and shall consist of structures not less than 20,000 square feet of floor area.
(c)
The applicant shall submit traffic studies to establish the nature and extent of the anticipated customer volume and that such volume can be accommodated at the proposed location without substantial adverse impact upon the required or existing on-site parking and on vehicular movements within the shopping center complex as a whole.
(d)
For drive-through restaurants, one freestanding menu board sign is permitted in addition to other permitted signs, not to exceed 24 square feet.
[Amended 5-26-2015 by Ord. No. 14-5-2015]
(e)
Drive-through lanes must be buffered from adjacent properties with evergreen trees. If adjacent properties are residential, a fence will also be required.
(f)
If constructed as a new or additional structure, the facility shall be structurally and aesthetically integrated with the overall development, including but not limited to such considerations as materials, color, and height. Under no circumstances shall the restaurant be constructed as a freestanding building unless it is an expansion of an existing freestanding structure.
(g)
Signage shall conform to the zone district.
(h)
For property in the C-1 Zoning District, south of Evesham Road and Marlton Parkway, restaurants with drive-through facilities are permitted in a stand-alone building, provided that the following conditions are met:
[Added 5-26-2015 by Ord. No. 14-5-2015]
[1]
The minimum lot size shall be 2 1/2 acres.
[2]
The minimum frontage shall be 300 feet.
[3]
The lot coverage shall not exceed 60%.
[4]
One freestanding menu board sign is permitted in addition to the other permitted signs, not to exceed 24 square feet. Other signs shall conform to the sign requirements for the C-1 Zoning District.
[5]
Drive-through lanes shall be buffered from adjacent properties with evergreen trees. If adjacent properties are residential, a six-foot-high solid opaque fence is also required.
[6]
Drive-through lanes must be a minimum of 50 feet from rear property lines and must be buffered as appropriate to the location.
[7]
Drive-through lanes must provide adequate vehicle stacking and a bypass opportunity.
[8]
Fast-food restaurants must comply with the design requirements for the area overall and must be integrated as to building design, materials, color, lighting, and height.
[9]
The restaurant must provide trash and recycling receptacles both inside and outside the building for use by patrons. Those receptacles placed outside must be secured and visually compatible with the overall development.
[10]
If outdoor seating is proposed, the applicant must demonstrate that a clear sidewalk area a minimum of six feet in width will be maintained.
(21)
Nonclustered single-family detached dwellings. Single-family detached dwellings in the FA, FW, RD-1, RD-2, RD-3 or EP Districts which are not clustered in accordance with the standards of § 160-19D may be permitted as a conditional use, provided that:
[Added 7-25-2012 by Ord. No. 20-7-2012]
(a)
The Planning Board finds that:
(22)
A cannabis retailer when authorized by the Planning Board as a conditional use within the Evesham Crossroads Overlay District, is subject to the following requirements:
[Added 8-11-2021 by Ord. No. 31-8-2021]
(a)
Such facility shall meet all of the requirements for licensure by the Cannabis Regulatory Commission.
(b)
The site shall have frontage on a state highway.
(c)
The following separation distances are provided such that no public entrance into a cannabis retail store may be located any closer than the following specified distances from the respective land use types:
(d)
No cannabis retail store shall be closer than 1,000 feet from the property line of any existing public or parochial school, private school, college, or child-care center.
(e)
No cannabis retail store or site shall be closer than 500 feet from the property line of any existing public parks, and/or other public building.
(f)
Adequate on-site security shall be demonstrated, including waste materials.
(g)
Adequate odor control, neutralization or elimination processes to mitigate against off-site odors from the possession, storage and sale of cannabis on the retail premises.
(h)
Nothing herein shall permit the retail sale, dispensing or delivery of cannabis, usable cannabis or cannabis products to consumers, or the direct point sale dispensing or delivery of medical cannabis products to qualifying patients, by any person or entity, except for:
[1]
Those persons duly licensed by the state as a cannabis retailer, cannabis delivery service or alternative treatment center; or
[2]
Employees of such licensees, subject to such employees satisfying the qualifications established by the Cannabis Regulatory Commission to engage in such employment with such licensees.
(23)
a cannabis retailer, cannabis cultivator, cannabis delivery service, cannabis distributor, cannabis manufacturer, cannabis testing facility or cannabis wholesaler when authorized by the Planning Board as a conditional use in the Industrial Park District, is subject to the following requirements:
[Added 8-11-2021 by Ord. No. 31-8-2021]
(a)
Such facility shall meet all of the requirements for licensure by the Cannabis Regulatory Commission.
(b)
The following separation distances are provided such that no public entrance into a cannabis facility may be located any closer than the following specified distances from the respective land use types:
(c)
No cannabis facility shall be closer than 1,000 feet from the property line of any existing public or parochial school, private school, college, or child-care center.
(d)
No cannabis facility or site shall be closer than 500 feet from the property line of any existing public parks, and/or other public building.
(e)
Adequate on-site security shall be demonstrated, including waste materials.
(f)
Adequate odor control, neutralization and/or elimination processes to mitigate against off-site odors from the possession, storage and sale of cannabis on the commercial premises.
(g)
Nothing herein shall permit the retail sale, dispensing or delivery of cannabis, usable cannabis or cannabis products to consumers, or the direct point sale dispensing or delivery of medical cannabis products to qualifying patients, by any person or entity, except for:
[1]
Those persons duly licensed by the state as a cannabis retailer, cannabis delivery service or alternative treatment center; or
[2]
Employees of such licensees, subject to such employees satisfying the qualifications established by the Cannabis Regulatory Commission to engage in such employment with such licensees.