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