Township of Liberty, NJ Article VII Conditional Uses

§ 105-44 Purpose and scope.

[Amended 7-6-1987; 6-3-1991 by Ord. No. 8-91]

The purpose of this article is to authorize conditional uses and to set forth a complete and comprehensive scheme of orderly procedure for obtaining from the Planning Board permits for conditional uses of lands and premises in accordance with N.J.S.A. 40:55D-67. No such permit shall be granted in a zone unless specifically permitted in the zone.

A. In R-1 Zone, open space development is permitted as a conditional use, provided that it meets the conditions as set forth in §§ 90-42 through 90-49.

B. Multifamily or planned residential development is permitted in the MFD Zone subject to compliance with all conditions of § 90-17.

C. Heliports and helistops as private use facilities may be permitted in the B-1, B-2, B-3, I-1 and I-2 Zones subject to compliance with all conditions in § 105-52.1.

[Added 12-6-1993 by Ord. No. 18-93]

D. Soil removal as regulated in Chapter 87, Soil Removal Operations, of this Code.

[Added 4-4-1994 by Ord. No. 6-94]

E. Hotels and motels.

[Added 6-5-2003 by Ord. No. 3-2003]

(1) Required conditions.

(a) Minimum lots size: two acres. Minimum road frontage: 200 feet.

(b) Minimum front yard setback: 100 feet. Minimum side yard setback: 20 feet.

(c) Minimum setback for parking: 20 feet.

(d) Parking shall be restricted to the rear yard.

(e) Lot coverage: 50%.

(f) Building height: the lesser of three stories or 35 feet.

(g) Parking: one space per room, additional parking required where associated uses include restaurant or such other use that may be deemed by the Planning Board to require additional parking.

(h) Signage.

[1] Building-mounted signage. Signage may be mounted to the building on those faces of the building facing a street; such signage shall be limited to 10% of the area of the face of the building of which it is affixed.

[2] Freestanding signage. No signage shall exceed 20 feet in height; shall be one square foot for each linear foot of setback from the center line of an existing street; signage shall be set back not less than 15 feet from any property line.

(i) Lighting, landscaping and site plan requirements shall be as permitted in the B-1 Zone.

§ 105-45 Permit applications.

Application for a permit for any conditional use shall be made to the Planning Board by filing an application with the Secretary of the Board. Such application shall set forth and be accompanied by the following:

A. A site plan drawn in accordance with Chapter 90, Subdivision and Site Plans, which site plan shall, in addition, show the location, type or kind of structure and present use of all buildings within 200 feet of the boundary lines of the lot.

[Amended 7-6-1987]

B. Where the applicant is a person other than the owner of the lot, the written consent of such owner or owners authorizing the filing of the application.

C. Applications shall be completed in accordance with § 90-6.1 of Chapter 90.

[Added 2-1-1988]

§ 105-46 Hearings.

A. Upon a finding that the application is complete, the Planning Board shall fix a date and place for a public hearing to be held on such application. If, after considering the evidence submitted at such hearing, the location and physical characteristics of the premises, building or structure, potential traffic or other hazards to the public, if any, and existing conditions and surroundings, the Planning Board shall find that such proposed use will not be detrimental to the health, safety and general welfare of the community and is reasonably necessary for the convenience of the community, it shall grant the application and shall make and enter its order directing the Zoning Officer to issue a permit in accordance with the application.

[Amended 8-7-1989 by Ord. No. 6-89]

B. The review by the Planning Board of a conditional use shall include any required site plan review pursuant to Chapter 90, Subdivision and Site Plans.

[Amended 7-6-1987]

§ 105-47 Compliance required.

[Amended 7-6-1987]

Anything in this chapter to the contrary notwithstanding, the Board of Adjustment shall not order, direct or authorize the issuance of a permit for a conditional use unless the site plan shows that the requirements for the particular use, as set forth below, have been met.

§ 105-48 Automotive service stations.

Requirements for automotive service stations shall be as follows:

A. The lot or parcel of land so to be used shall have a street frontage of at least 125 feet and an average depth of at least 125 feet.

B. The walls of any building shall be set back at least 50 feet from a residential zone boundary, at least 25 feet from every adjoining property line and at least 40 feet from a street right-of-way line.

C. The nearest boundary line of the lot or parcel of land so to be used shall be at least 300 feet, measured in a straight line, from the boundary line of property which is used as or upon which is erected:

(1) A public or private school or playground.

(2) A church or other place of worship.

(3) A hospital.

(4) A public building or place of public assembly.

(5) A theater or other building or structure used or intended to be used for public entertainment.

(6) A public playground or civic center.

(7) A firehouse or fire station.

(8) An existing public garage or automotive service station.

D. The lot or parcel shall be at least 300 feet, measured in a straight line, from any residentially zoned property which is located on either the same or opposite side of the street.

E. Gasoline pumps and other apparatus shall be so located as to permit safe and convenient traffic circulation. Every gasoline or oil tank, pump or other device, appliance or apparatus shall be located at least 25 feet from a street right-of-way line, at least 50 feet from a residential zone boundary and at least 10 feet from any property line.

F. No part of any automotive service station operation or paved area shall be conducted within 25 feet of a residential zone boundary. A six-foot high unpierced fence shall be installed along any residential zone boundary.

G. All paved areas within the property shall be at least five feet from a property line, 10 feet from a street right-of-way line and 25 feet from a residential zone boundary and bounded by concrete curbing at least six inches above the surface.

H. Concrete curbing shall be installed in the street right-of-way in accordance with Township specifications.

I. Adequate parking for automobiles of employees and patrons shall be provided.

J. Entrance and exit driveways shall be at least 50 feet in width, with a three-foot radius at the curbline. There shall be a safety zone between driveways of at least 25 feet, and driveways shall be at least 10 feet from adjoining property lines.

K. Corner lots shall have a curb radius of at least 25 feet, and driveway entrances shall start at least 20 feet from the radius tangent points.

L. All unpaved areas shall be attractively landscaped with grass lawns, trees and shrubs or other vegetation or material as the Board of Adjustment may approve or require.

M. There shall be no outdoor storage of supplies, materials or automobile parts, whether for sale, storage or waste.

N. Repair work, other than incidental minor repair, shall take place within the building, and all repair or service apparatus shall be located within the building.

O. Floor drains shall not be connected to any sanitary sewer system or storm drain.

P. All storage tanks shall be installed below ground level. Where the possibility of contamination of underground water resources exists, the Board may require ample precautions against leakage and seepage.

Q. The Board may impose such conditions and safeguards as it deems appropriate with respect to, among other matters, the minimizing of traffic congestion by appropriate arrangement of entrances and exits to assure public safety.

§ 105-49 Drive-in restaurants.

Requirements for drive-in restaurants shall be as follows:

A. The lot or parcel of land so to be used shall have a street frontage of at least 150 feet and an average depth of at least 150 feet.

B. The ground floor area of the building shall be at least 450 square feet.

C. The walls of the building shall be located at least 50 feet from an adjoining street right-of-way, 25 feet from a side property line and 50 feet from a rear property line.

D. Separate entrance and exit driveways and one-way traffic circulation on the lot shall be maintained. Driveway openings shall be at least 24 feet in width, with a radius at the curbline of at least three feet. There shall be a safety zone of at least 25 feet between driveway openings, and no entrance or exit shall be located within 10 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. The lot shall be at least 300 feet, measured in a straight line, from the nearest property line of another drive-in restaurant which is located on either the same or opposite side of the street. Said lot shall also be at least 300 feet from any residentially zoned property which is located on either the same or opposite side of the street.

G. Off-street parking shall conform to the requirements of Article V, and, in addition, the following conditions shall be met:

(1) There shall be at least one parking space for each three seats, whether inside or outside the building, plus one space for each 75 square feet of building area. Drive-in restaurants providing no seating spaces shall provide at least one off-street parking space for each 50 square feet of building area.

(2) Fencing and screening shall be provided along side and rear property lines in accordance with § 110-37E.

(3) Sidewalks, at least five feet in width, shall be provided along front and side building walls.

(4) Appropriate fire lanes adjoining the building shall be maintained where required.

H. Trash receptacles for customer use shall be provided in 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.

I. An area shall be provided for the orderly and convenient deposit and pickup of trash. Said area shall be located in the rear yard, shall be enclosed on all four sides and shall be designed to conform in appearance to the principal building. Said area shall be at least five feet from an adjoining property line.

J. The Board may impose such other conditions and safeguards as the Board of Adjustment may deem appropriate with respect to, among other matters, traffic and parking arrangement, building design and appearance, landscaping and pedestrian and vehicular safety.

§ 105-50 Public utilities.

The provisions of this section are intended to apply to utility installations, such as power-generating stations, electric substations, power transmission lines, radio or television signal towers, telephone exchanges and similar facilities, but shall not apply to telephone, gas, water, sewer, electric or community antenna television facility distribution lines and similar facilities intended to provide direct service to properties when the same are approved by the appropriate Township agency.

A. The lot shall conform to the lot area requirements of the zone in which it is located.

B. All buildings shall meet the yard and height requirements of the zone in which the use is located.

C. Adequate provision shall be made for off-street parking in accordance with Article V.

D. Any such building, structure or use shall be designed and arranged so as not to detract from the value of adjoining property.

E. The Board may impose such conditions as it may deem appropriate with respect to, among other matters, traffic and parking arrangement, the amount of off-street parking, building design and appearance and landscaping.

§ 105-51 Miniature golf courses.

Requirements for miniature golf courses shall be as follows:

A. The lot or parcel shall meet the minimum lot area requirements of the zone in which it is located.

B. All buildings, structures and golf facilities shall meet the yard requirements of the zone in which the use is located.

C. One off-street parking space shall be provided for each golf tee.

D. All lighting shall be so arranged and shielded as to reflect the light downward and away from adjoining streets and properties.

E. The Board may impose such other conditions and safeguards as it deems appropriate with respect to the particular premises.

§ 105-52 Golf driving ranges.

Requirements for golf driving ranges shall be as follows:

A. The lot or parcel shall meet the minimum lot area requirements of the zone in which it is located.

B. All buildings and structures shall meet the yard requirements of the zone in which the use is located.

C. The fairway, measured in a straight line along the direction of each tee, shall be at least 250 yards. Said straight line of any tee shall be at least 100 feet from an adjoining property line.

D. Fencing, as required by the Board of Adjustment, shall be provided along any property line to prevent golf balls from landing on adjoining property.

E. Three off-street parking spaces shall be provided for each two tees.

F. All lighting shall be so arranged and shielded as to reflect the light downward and away from adjoining streets and properties.

G. The Board may impose such other conditions and safeguards as it deems appropriate with respect to the particular premises.

§ 105-52.1 Heliports and helistops.

[Added 12-6-1993 by Ord. No. 18-93]

Requirements for heliports and helistops shall be as follows:

A. Heliports.

(1) Site plan approval must be obtained from the Planning Board. Structures associated with approval shall require a building permit.

(2) No such use shall be permitted within 1,000 feet of any residential district.

(3) A sketch must accompany all applications to the Planning Board, drawn to a scale of not less than one inch equals 200 feet. Such sketch shall show the terrain for at least 800 feet in all directions from the center limits of the landing areas of the proposed heliport. Such sketch must also show all construction, distances and height and the approach-departure path corridors. A statement must also accompany the application as to the type of helicopters to be used and the frequency of operations.

(4) A detailed site plan shall also accompany any application to the Planning Board. Such site plan shall be in accordance with the provisions of Chapter 90 to show the relationship of the heliport to lot lines, streets and zoning boundary lines. Any access drives, off-street parking or landscape areas shall also be shown.

(5) The heliport area shall have an inside area of at least 100 feet by 100 feet.

(6) All helicopter operations shall be limited to Class 1 helicopters [up to 6,000 pounds' gross weight].

(7) The heliport area shall be paved with a dustproof surface.

(8) Every ground level heliport shall be fenced with solid fencing and protected to prevent entrance of unauthorized personnel, with a minimum fence height of four feet. For each additional foot of fence height, 25 feet must be added to the minimum inside area dimensions provided in Subsection A(5) above.

(9) No application for a heliport shall be deemed complete by the Planning Board until such time as the New Jersey Division of Aeronautics or such other agency as may be jurisdiction over the licensing of such facilities has reviewed the plan and found it acceptable, subject to Township approval.

(10) Every heliport shall be marked in accordance with the Federal Aviation Agency criteria and shall provide those navigation aids as shall be required by the New Jersey Division of Aeronautics or other agency which may have jurisdiction over such facilities.

(11) Rooftop heliports may be permitted, provided that the minimum area shall be not less than 40 feet by 40 feet with a three-foot fence inclined 70° upward from the horizon, unless the roof has a parapet wall already built.

(12) Such rooftop heliports must comply with all applicable provisions of the Township building and fire codes.

(13) No portion of any such use shall project into any yards or buffer areas required in this district.

(14) Suitable landscaping for the heliport, in accordance with Township standards, based on its relation to street frontages, residence districts and surrounding building or uses, shall be required by the Planning Board.

(15) Approach and departure pads shall remain outside residential zones.

(16) No heliport shall operate outside daylight hours.

B. Helistops.

(1) Approval must be obtained from the Planning Board pursuant to the provisions of Chapter 90, Subdivision and Site Plans.

(2) No such use shall be permitted within 500 feet of any nonresidential property lines or 800 feet to any residential property line.

(3) All helicopter operations shall be limited to Class 1 helicopters (up to 6,000 pounds gross weight).

(4) All helicopter operations shall be limited to daylight hours only.

(5) No application for a helistop shall be considered by the Planning Board until such time as the New Jersey Division of Aeronautics or such other agency as may have jurisdiction over the licensing of such facilities has reviewed the plan and found it acceptable. Should there be any negative comments, the Planning Board may require additional documents.

(6) A sketch must accompany all applications to the Planning Board, drawn to a scale of not less than one inch equals 200 feet. Such sketch shall show the terrain for at least 800 feet in all directions from the center limits of the landing of the proposed helistop. Such sketch must also show all construction, distances and height and the approach/departure path corridors.

(7) Signs may be required depending on public accessibility.

(8) A detailed site plan shall also accompany any application to the Planning Board. Such site plan shall be in accordance with the provisions of Chapter 90, Subdivision and Site Plans, to show the relationship of the heliport to lot lines, streets and zoning boundary lines. Any access drives, off-street parking or landscape areas shall also be shown.

(9) Approach and departure pads shall remain outside residential zones.

§ 105-53 Design standards.

The applicant shall observe those design standards as set forth in the Subdivision Ordinance[1] in the design of a conditional use.[2]

[1] Editor's Note: See Ch. 90, Subdivision and Site Plans.

[2] Editor's Note: Original Article 8, Site Plan Review, which immediately followed this section, was repealed 7-6-1967. For current provisions regarding site plan review, see Ch. 90, Subdivision and Site Plans.