[Amended 8-4-1992 by Ord. No. 1992-10; 10-4-1994 by Ord. No.
1994-8; 10-15-1996 by Ord. No. 1996-9; 12-26-1996 by Ord. No.
1996-10; 8-25-1998 by Ord. No. 1998-7]
The uses in §§ 370-79 through 370-88 may be permitted, provided a conditional use permit is obtained from the Planning Board under the terms and specifications herein. Whereas the necessity for certain specific uses is recognized and at the same time appreciating the fact that they or any one of them may be or become inimical to the public health, safety, and general welfare of the community if located without due consideration to the existing conditions and surroundings, the standards and proceedings in §§ 370-79 through 370-88 are hereby established, which are intended to provide the Planning Board with a guide for the purpose of reviewing certain uses not otherwise permitted in this chapter. The Planning Board shall review and administer applications for the uses in §§ 370-79 through 370-88 according to procedures spelled out under § 370-108B of this chapter, provided that no taxes or assessments for local improvements are due or delinquent on the property for which the application is made.
Public utility uses regulated by the Board of Public Utilities
may be permitted in a B-1 or an I-1 District, or public utility uses,
but not including service or storage yards, may be permitted in any
district, provided that:
A.
With the application to the Planning Board, the applicant shall submit:
(1)
Detailed site and drainage plans, drawn to scale, and accurate boundaries of the tract, as required in § 370-12 of this chapter.
(3)
All streets and easements.
(4)
The locations of all proposed and existing structures and buildings
within the tract and within 100 feet of the tract.
(5)
The proposed use of all buildings and structures.
(6)
Landscaped areas, existing and proposed.
(7)
Drainage.
(8)
Waste disposal system.
(9)
Parking and vehicular circulation; the relationship of the proposed
use to highways, streets and adjacent properties.
B.
No such conditional use shall be permitted unless the Planning Board
shall determine that:
(1)
The design of any building in connection with such facilities conforms
to the general character of the area and will not adversely affect
the safe, comfortable enjoyment of property rights of the zone in
which it is located.
(2)
Adequate and attractive fences and other safety devices will be provided.
(3)
Sufficient landscaping, including shrubs, trees and lawn, is provided
and will be periodically maintained.
(4)
Adequate off-street parking will be provided.
(5)
All of the area, yard and building coverage requirements of the respective
zone will be met.
Hospitals and philanthropic or eleemosynary structures, except
correctional institutions, may be permitted in any residential district,
provided the following standards are observed:
A.
A set of plans, specifications and plot plans and a statement setting
forth full particulars on the operation of the structure or use is
filed with the Planning Board by the applicant.
B.
The Planning Board finds that any parcel upon which the use is proposed
contains at least five areas of land; that no structure will be erected
nearer than 75 feet to any street line, nor nearer than 30 feet to
any property line; that buildings will not occupy more than 25% of
the lot area; that the building height will not exceed 35 feet unless
the plans are certified by an architect licensed in New Jersey as
meeting the requirements for a fireproof building as set forth in
the Uniform Construction Code and Fire Subcode; the maximum building
height may be increased to 60 feet if such construction is proposed
and certified by the architect and the Township's Fire Marshal; that
all other requirements as set forth in this chapter for the zone in
which it is to be located are observed; that such use will in no way
be detrimental to the surrounding property values; and that the structure
or use proposed will serve a useful purpose to the general welfare
of the Township.
Quasi-public buildings and recreation areas and facilities,
including clubhouses, parks, playgrounds, public swimming pools, private
swimming clubs, tennis courts, and other such activities, operated
by nonprofit membership organizations may be permitted in any residential
district, provided the following standards are observed:
A.
A set of architectural plans, specifications and plot plans; a statement
setting forth full particulars on the operation of the use; and, where
applicable, a complete list of proposed charter membership, including
names and resident addresses, shall be requested to be filed with
the Planning Board.
B.
It is ascertained by the Planning Board that the proposed use is
a bona fide nonprofit organization operated solely for the recreation
and enjoyment of the members of the organization.
C.
It is ascertained by the Planning Board that the proposed use in
the proposed location will not adversely affect the safe and comfortable
enjoyment of property rights and otherwise adversely affect the value
of adjacent properties; that the design of any structures erected
in connection with such use are in keeping with the general character
of the residential area; and that sufficient landscaping, including
trees, shrubs, and lawn, are provided to serve as a buffer between
the use and adjoining residential properties and to ensure an attractive
appearance for the use.
D.
The property proposed to be occupied by such use shall have a minimum
lot area of 15,000 square feet, a minimum road frontage of 100 feet,
and a maximum lot coverage of 50%.
E.
No building, structure, or active recreational facilities shall be
located within 20 feet of an adjacent residential lot.
Commercial parking and storage areas may be provided in the
B-1 Primary Business District and in the I-1 Restricted Industrial
District, provided that:
A.
With the application to the Planning Board, the applicant shall submit:
(1)
Detailed site and drainage plans, drawn to scale, and accurate boundaries
of the tract.
(3)
All streets and easements.
(4)
Parking and vehicular circulation; the relationship of the proposed
use to highways, streets and adjacent properties.
(5)
Landscaped areas, existing and proposed.
(6)
Drainage.
(7)
The location of existing or proposed structures within the tract
and within 100 feet of the tract.
B.
No such conditional use shall be permitted unless the Planning Board
shall determine that:
(1)
The proposed use in a specific location is necessary and convenient
for the efficient parking and storage of vehicles, trucks, boats and
nonmotorized trailers and will in no way detract from the character
of the neighborhood or area in which the use is to be located.
(2)
Adequate and attractive fences and other safety devices will be provided. All fences shall comply with the provisions of Chapter 155, Fences, of the Code of the Township of Willingboro and the Willingboro Township Fence Construction Code.[1]
[1]
Editor's Note: The Fence Construction Code is on file in the
Construction Office.
(3)
Sufficient landscaping, including trees and shrubs, will be provided
and periodically maintained.
(4)
The parking and storage area or areas will be provided with either
a gravel, crushed stone or all-weather pavement and suitable nightlighting
facilities shielded from view from adjoining streets and residential
areas.
(5)
Parking and storage of all vehicles, trucks, boats and nonmotorized
trailers will be limited to those licensed or registered and in good
repair.
(6)
The minimum lot area for a commercial parking or storage area shall
be two acres.
(7)
No driveway shall open onto a public street or road within 150 feet
of an intersection of such street or road with another public street
or road. In determining the suitability of proposed or existing driveways
upon the site, the Board shall consider such factors as grade and
site clearance; the number and pattern of driveways; the number, location
and design of ingress and egress points; the volume of traffic which
may be anticipated on the site and adjoining roads; and the condition
and width of pavement of adjoining roads.
Motor vehicle service and gasoline stations may be permitted
in the B-1, B-2 and B-3 Districts, provided that:
A.
With the application to the Planning Board, the applicant shall submit:
(1)
In addition to the information required in the site plan as spelled out in § 205-36, the site plan shall also show the number and location of fuel tanks to be installed, the dimensions and capacity of each storage tank, the depths the tanks will be placed below the ground, the number and location of pumps to be installed, the type of structure and accessory buildings to be constructed, and the number of automobiles which are to be garaged.
(2)
All applicable dimensions set forth in the schedule in this chapter.
(3)
All streets and easements.
(4)
The locations of all proposed and existing structures within the
tract and within 100 feet of the tract.
(5)
The proposed use of all buildings and structures.
(6)
Landscaped areas, existing and proposed.
(7)
Drainage.
(8)
Waste disposal system.
(9)
Parking and vehicular circulation; the relationship of the proposed
use to highways, streets and adjacent properties.
B.
No such conditional use shall be permitted unless the Planning Board
shall determine that:
(1)
The design of any building in connection with such facilities conforms
to the general character of the area and will not adversely affect
the safe, comfortable enjoyment of property rights of the zone in
which it is located.
(2)
Adequate and attractive fences and other safety devices will be provided.
(3)
Sufficient landscaping, including shrubs, trees and lawn, is provided
and will be periodically maintained.
(4)
Adequate off-street parking will be provided.
(5)
All of the area, yard and building coverage requirements of the respective
zone will be met.
(6)
The proposed use in a specific location is in the public interest
and will in no way detract from the character of the neighborhood,
which shall not be limited to the zoning district within which the
tract exists.
C.
The following standards shall apply to any such conditional uses:
(1)
The entire area of the site traveled by motor vehicles shall be hard-surfaced.
(2)
Any repair of motor vehicles shall be performed in a fully enclosed
building. No motor vehicle parts or partially dismantled motor vehicles
shall be stored outside of an enclosed building.
(3)
No vehicles shall be permitted to be standing or parked on the premises
of a motor vehicle service station other than those used by the employees
in the direct or indirect operation of the establishment and those
being serviced therein, provided that such vehicles do not remain
standing for more than 30 days.
(4)
Accessory goods for sale may be displayed on the pump island. The
outdoor display of oil cans or antifreeze and similar products may
be displayed on the respective island if provided for in a suitable
stand or rack.
(5)
Parking facilities shall be provided in the ratio of one parking
space for every 100 square feet of floor area in the principal building.
(6)
Where parking areas abut a residential area, they shall be screened by a buffer area not less than 10 feet in width composed of densely planted evergreen shrubbery and solid fencing as specified in § 370-74, which, in the opinion of the Planning Board, will be adequate to prevent the transmission of headlight glare across the zone boundary line. Such buffer screen shall have a minimum height of six feet above finished grade at the highest point in the parking area. The materials used shall be in keeping with the character of the adjacent residential area.
(7)
All fuel pumps shall be located at least 20 feet from any street
or property line and shall be attendant operated.
(8)
Motor vehicle service and gasoline stations may display for sale
or rental any motor vehicle or utility trailer or van, provided that
specific application to the Planning Board is made therefor, which
shall show an adequate parking and circulation plan for such use.
(9)
Motor vehicle service and gasoline stations located in the B-2 Zone
shall comply with lot, area and width requirements of the B-3 Tertiary
Business Zone.
(10)
No motor vehicle service and gasoline station shall be located
within 500 feet of any public entrance to a church, school, library,
charitable institution, hospital, or place of public assembly. Such
distance shall be measured in a straight line from the public entrance
to the nearest structure on the lot occupied by the motor vehicle
service and gasoline station.
(11)
No more than two service stations shall be located at each Planned
Neighborhood Business District.
Professional offices, as defined in § 370-14E, for more than one, but no more than two, professional persons shall be permitted, provided that the following standards are observed:
A.
A full set of plans and specifications for the structure and site
plan is filed with the Planning Board by the applicant.
B.
It is ascertained by the Planning Board that the proposed use in
the proposed location will not adversely affect the safe and comfortable
enjoyment of property rights or otherwise adversely affect the value
of adjacent properties.
C.
Parking shall be provided to supply at least two parking spaces for
each professional person and employee as measured during that period
of the day when the largest number of employees are on duty. Parking
spaces shall only include those approved on site and those which shall
abut at the curb and subject property, where vehicles may lawfully
park. However, for good cause shown, the Planning Board may permit
fewer parking spaces.
D.
Sufficient landscaping, including trees and shrubs, will be provided
and periodically maintained, particularly but not limited to screening
of off-street parking.
Churches, synagogues, or other places of worship are specifically
prohibited in the B-1 Zoning District from the Willingboro Township-Burlington
Township line south to the intersection of Rose Street and U.S. Route
130. That area is designated for business and commercial development
and those uses specifically permitted in the B-1 Zoning District.
Churches, synagogues, or other places of worship may be permitted
in any residential district and in the B-1 District south of Rose
Street, provided the following standards are strictly observed:
A.
Site plan approval shall be obtained from the Planning Board, which
shall establish the setback requirements appropriate for the use,
after considering the standards of the zoning district and the use
of any adjacent properties.
B.
A set of architectural elevations and floor plans shall be filed
with the Planning Board.
C.
It is determined by the Planning Board that the proposed use in the
proposed location will not substantially adversely affect the safe
and comfortable enjoyment of property and the value of adjacent properties;
that the design of any structures erected in connection with the use
are in keeping with the general character of the zoning district;
and that sufficient landscaping, including trees, shrubs, and lawn,
is provided to serve as a buffer between the use and any adjoining
residential properties and to ensure an attractive appearance for
the use.
D.
No building, structure, or facility shall be located within 20 feet
of an adjacent residential lot.
F.
The following area and yard requirements shall be applicable, except
that the Planning Board may, in particular cases and for good cause,
permit a reduction of not more than 20% in the lot frontage, lot width,
lot depth, side yard, front yard and rear yard requirements:
|
Principal Building Minimum
|
Churches
| ||
|---|---|---|---|
|
Lot area
|
3 acres
| ||
|
Lot frontage
|
200 feet
| ||
|
Lot width
|
200 feet
| ||
|
Lot depth
|
300 feet
| ||
|
Side yard
|
One: 75 feet
Aggregate: 150 feet
| ||
|
Front yard
|
75 feet
| ||
|
Rear yard
|
75 feet
| ||
|
Accessory Building Minimum
| |||
|---|---|---|---|
|
Distance to sideline
|
25 feet
| ||
|
Distance to rear line
|
25 feet
| ||
|
Distance to other building
|
50 feet
| ||
|
Maximum floor area ratio
|
0.30
| ||
A.
Outdoor seasonal sales licensed under the provisions of Chapter 285, Seasonal Outdoor Sales, of the Code of the Township of Willingboro shall be permitted in the B-1 and B-2 Zones.
B.
Outdoor seasonal sales licensed under the provisions of Chapter 285, Seasonal Outdoor Sales, of the Code of the Township of Willingboro shall be permitted by nonprofit emergency, charitable or religious organizations in parking lots of property owned or controlled by those nonprofit organizations in any zone.
Senior citizen housing shall be permitted in the B-1 Primary
Business Zone only, provided that the following standards are observed:
A.
Site plan approval shall be obtained from the Planning Board, which
shall establish the setback requirements appropriate for the use,
after considering the standards of the zoning district and the use
of any adjacent properties.
B.
A full set of plans and specifications for the structure, including
an architectural rendering and elevations, are filed with the Planning
Board by the applicant for consideration as part of the site plan
review.
C.
No site for a senior citizen housing development shall contain less
than three acres, which the Township Council determines to be the
minimum area required to adequately provide for a senior citizen housing
project and the related facilities, parking and appropriate buffering
and landscaping.
D.
The maximum residential density shall not exceed 30 units per acre,
including units for the manager or administrator.
E.
The minimum age for residents (except for the manager or administrator)
shall be 62 years or older.
F.
Buildings shall not exceed five stories in height.
G.
Noise and visual buffering shall be provided with any highway or
secondary arterial roadway; further, there shall be buffering to minimize
the impact on surrounding residential neighborhoods or commercial
uses; all buffers shall be 50 feet in width, with berming and appropriate
landscaping.
H.
Outside living space shall be provided for the residents, such as,
but not limited to, patio areas, gardens and outside sitting areas.
I.
Any proposed senior citizen housing shall be privately owned and
financed, paying normal taxes or payments in lieu of taxes pursuant
to an agreement approved by the Township Council.
J.
Security measures shall be required for overnight automobile parking
of residents.
K.
There shall be a dropoff for the residents at the front of the housing
facility, which will also be capable of use by emergency vehicles
and buses.
L.
There shall be suitable landscaping provided to enhance the quality
of the site for the residents of the development.
M.
There shall be no more than two such senior citizen housing developments,
totaling a maximum of 300 units in both projects, permitted as conditional
uses. Once two such senior citizen housing developments have received
preliminary site plan approval with conditional use permits, no further
such developments shall be approved as permitted or conditional uses.
N.
The Planning Board has determined that the site plan provides for
adequate off-street parking for the residents and visitors, which
shall be not less than 1/2 space per unit.
A.
Findings and policy.
(1)
Recognizing the need for reasonable child-care opportunities within
the Township of Willingboro and due to the expanding nature of regulated
child-care facilities, child-care centers shall be classified in two
categories: commercial child-care centers and accessory child-care
centers.
(2)
All child-care centers shall require a site plan review.
B.
Standards for commercial child-care centers.
(1)
Commercial child-care centers shall be permitted on one-and-one-half-acre
or greater lots.
(2)
Off-street parking shall be provided in accordance with the site
plan approved by the Board.
(3)
An off-street dropoff area, 10 feet by 40 feet, shall be provided.
The location of the dropoff area shall be determined by the Board.
(4)
The outdoor play space may not be divided into more than two play
areas of equal size, unless distinct, designated areas are designed
for separate age groups. All outdoor play areas shall have two means
of ingress and egress. One should be secured for emergency access
only.
(5)
Outdoor play space shall be fenced with a six-foot-high fence, located
at least two feet within the property line. The fence shall be landscaped
along the outside face as directed by the Board. All parking shall
be screened from the outdoor play area.
(6)
For sanitary and safety reasons, no animal enclosures, i.e., dog
runs, rabbit hutches, etc., shall be located directly within the outdoor
play area.
(7)
All outdoor play areas, parking and walkways shall be adequately
lighted.
(8)
Sand shall not be used as a play surface, except within a sandbox.
C.
Standards for accessory child-care centers.
(1)
Accessory child-care centers developed within existing buildings
and designed to serve the employees or members of the primary use
on the lot may be developed on a lot equal to the minimum lot size
for the primary use located on the lot, provided that the total floor
area ratio of the lot does not exceed chapter requirements for the
zoning district.
(2)
At the Board's discretion, separate parking facilities and/or dropoff
space may be required if the child-care facilities are deemed to be
excessively remote from related uses.
(3)
Off-street parking shall be provided on site at a rate of two spaces
for every five children, plus one space for each employee. If the
parking for the primary use will adequately serve the accessory child-care
center, the Board may reduce or waive additional parking requirements
for the child-care facility.
(4)
An off-street dropoff area, 10 feet by 40 feet, shall be provided.
The location of the dropoff area shall be determined by the Board.
(5)
The outdoor play space may not be divided into more than two play
areas of equal size, unless distinct, designated areas are designed
for separate age groups. Age-appropriate play equipment should be
considered if play areas are proposed to be age-specific. All outdoor
play areas must be contiguous with the building. All outdoor play
areas shall have two means of ingress and egress. One should be secured
for emergency access only.
(6)
Outdoor play space shall be fenced with a six-foot-high fence, located
at least two feet within the property line. The fence shall be landscaped
along the outside face as directed by the Board. All parking shall
be screened from the outdoor play area.
(7)
For sanitary and safety reasons, no animal enclosures, i.e., dog
runs, rabbit hutches, etc., shall be located directly within the outdoor
play area.
(8)
All outdoor play areas, parking and walkways shall be adequately
lighted.
(9)
Sand shall not be used as a play surface, except within a sandbox.
A home occupation, as defined by this chapter, shall be subject
to the following regulations. Violation of these provisions shall
be subject to a penalty as spelled out in this chapter.
A.
A home occupation shall be carried on entirely within the principal
building, excluding garages, unless the front door thereof has been
replaced by a permanent wall and shall under no circumstances exceed
25% of the total gross habitable floor area of the principal building,
including the garage, where used.
B.
No such home occupations shall require interior or exterior alterations
of the principal structure.
C.
No sign shall be permitted in connection with such home occupation.
D.
No mechanical equipment shall be permitted and no commodity shall
be sold on the premises in connection with a home occupation.
Radio antennas and/or towers relating to radio and/or television signal transmission or reception are prohibited within the Township of Willingboro, except as provided for radio, television and satellite dish antennas in § 370-91 and except where the same, including all related wires, are located entirely on a structure, with the further provision that the antennas and/or towers where permitted shall not exceed a height of 45 feet above the surrounding grade.
A.
Findings. The Township Council of the Township of Willingboro hereby
finds and determines that the present regulations of the Township
of Willingboro applicable to radio, television and satellite dish
antennas are in need of revision and that reasonable rules, regulations,
standards and procedures for the operation and installation of radio,
television and satellite dish antennas should be established to provide
for uniformity of standards without regard to the specific category
of antennas and to provide for and to promote the public health, safety
and welfare of the community; to promote a desirable visual environment
and good civic planning; to provide for the orderly installation of
the equipment; and to provide sufficient space in appropriate locations
for residential and commercial use of antennas.
B.
SATELLITE DISH ANTENNA
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Any apparatus or structure constructed or installed out of
doors and commonly known as an "earth terminal antenna," "earth terminal,"
"earth station," "satellite communications antenna," "satellite antenna,"
"microwave dish antenna," or "dish antenna" and including as part
of the apparatus or device the main reflector, subreflector, feed,
amplifier and support structure and which is designed for the purpose
of transmitting or receiving microwave, television, radio, satellite
or other electromagnetic energy signals into or from space.
C.
Purpose. It is the purpose of this section to make reasonable provision
for the construction or installation of radio, television and satellite
dish antennas while providing for the safe installation of the antennas
and reducing the visual impact of those antennas from surrounding
properties and public streets and to promote a desirable visual environment
within the Township of Willingboro through the creative placement
and screening of antennas.
D.
General provisions. Radio, television and satellite dish antennas
proposed to be installed and operated within the Township of Willingboro
shall comply with all of the following general provisions:
(1)
Licensed radio and television stations and licensed and approved
cable television facilities are exempted from compliance with this
section.
(2)
A radio, television or satellite dish antenna shall not be placed
on any lot which does not contain a permitted principal structure.
(3)
A radio, television or satellite dish antenna in a residential zone
may be roof-mounted or may be installed on the ground. If roof-mounted,
the antenna shall not exceed 96 inches in diameter, shall not extend
more than four feet above the roof ridgeline and shall be located
toward the rear of the structure away from the street line. If mounted
on the ground, the diameter shall not exceed 10 feet, and the height
of the antenna shall not exceed 15 feet above the first-floor elevation
of the primary building on the lot and shall be within a slope line
created by drawing an imaginary line drawn from a point four feet
above the roof ridgeline of the primary building on the lot to another
point eight feet above the rear or side yard setback line established
for an accessory structure, as shown on the example below. No antenna
shall be erected within a buffer area required by this chapter. Additionally,
the antenna shall not be placed closer to any structure or property
line than the height of the antenna from the ground level plus two
feet or the established setback line for accessory structures, whichever
is greater.
|
Slope Line Example
|
|
Diagram showing slope line from a point four feet above the
roof ridgeline to a point eight feet above the established setback
line for accessory buildings. No antenna may be installed with a height
which exceeds the height of the slope line.
|
(4)
A radio, television or satellite dish antenna in a nonresidential
zone may be roof-mounted or may be installed on the ground in accordance
with a site plan approved by the Planning Board of the Township of
Willingboro. If roof-mounted, the radio, television and satellite
dish antenna shall not exceed 96 inches in diameter, shall not extend
more than eight feet above the roofline where mounted and shall be
located toward the rear of the structure away from the street line.
If mounted on the ground, the diameter shall not exceed 12 feet and
the height of the radio, television and satellite dish antenna shall
not exceed 20 feet. No antenna shall be erected within a buffer area
required by this chapter or by any approved site plan. Additionally,
the antenna shall not be placed closer to any structure or property
line than the height of the antenna from the ground level plus two
feet or the established setback line for accessory structures, whichever
is greater.
(5)
Any antenna which is roof-mounted shall be of an open- or mesh-type
construction in order to minimize the wind resistance created by the
antenna.
(6)
A ground-mounted radio, television or satellite dish antenna shall
be effectively screened from adjacent properties with nondeciduous
plantings. The location of the plantings shall not interfere with
the reception of the radio, television or satellite signals. The plantings
shall be selected which, to the greatest extent possible, will blend
the antenna into the immediate surrounding area.
(7)
No lot shall have more than one radio, television or satellite dish
antenna. Wires and cables running between the ground-mounted antenna
and any structure shall be properly installed underground and in accordance
with the Uniform Construction Code. A radio, television or satellite
dish antenna erected on a lot shall be used only by the residents
or occupants of the principal building on that lot. Any connection,
by cable or otherwise, to adjacent properties is prohibited and shall
constitute a violation of yard and setback requirements. Additionally,
the installation of the radio, television and satellite dish antenna
shall meet all local, state and federal requirements, including those
contained in the Uniform Construction Code.
(8)
Portable mounted antennas are prohibited.
(9)
No antenna shall contain, be used as, or be situated in such a manner
so as to constitute a sign or advertisement.
(10)
Radio, television and satellite dish antennas shall be constructed,
installed and maintained in a manner so as not to interfere with television,
radio or similar reception in adjacent and nearby areas.
(11)
Applications for installation or construction of a radio, television
or satellite dish antenna on lots containing single-family residential
dwellings shall be subject to review and approval by the Department
of Inspections, and a construction permit shall be required. Radio,
television and satellite dish antennas proposed on any lot other than
that for a single-family residential dwelling shall require minor
site plan approval by the Planning Board prior to the issuance of
a construction permit.
[1]
Editor's Note: The provisions on satellite dish antennas have
been substantially preempted by regulations adopted by the Federal
Communications Commission on February 29, 1996. Essentially, all local
zoning regulations of satellite dish antennas up to one meter in diameter
in residential zones and up to two meters in diameter in commercial
and industrial zones have been preempted.
There shall be constructed and located in the rear of all nonresidential
structures a fully screened trash storage area five feet in height
and of such other dimensions as will be adequate under the particular
circumstances to properly store the trash and waste resulting from
the respective use.
[Amended 6-15-1993 by Ord. No. 1993-5; 9-28-2010 by Ord. No.
2010-6]
The outdoor storage, whether permanent or temporary, of any
material, products, equipment or components thereof on any land utilized
for commercial use or zoned hereunder for the use is prohibited, except:
A.
For the new retail seasonal products which are exhibited for immediate
sale on the premises of a currently operating commercial venture,
which products may be displayed on that portion of the premises immediately
adjacent to the commercial building.
B.
One noncombustible storage unit for the storage of materials, products or supplies is permitted upon the property of commercial motor vehicle service and gasoline stations only, as defined in § 370-3 of this chapter, and subject to the following conditions:
(1)
The noncombustible storage unit is limited to a maximum size of eight
feet in height by eight feet in width by 16 feet in length.
(2)
The noncombustible storage unit shall not be installed in a location
that obstructs the view of pedestrians or motor vehicles, nor shall
it be installed in a location that obstructs or prevents vehicles
from parking.
(3)
The noncombustible storage unit shall be located in the rear of the
commercial motor vehicle service or gasoline station's premises only.
(4)
No food, flammable or combustible materials or products may be stored
in the noncombustible storage units.
(5)
A noncombustible storage unit shall not be installed upon any public
right-of-way area, such as a grass strip, sidewalk, or any street
or roadway.
C.
Enforcement. The Department of Inspections shall enforce the provisions
of this section. A written notice of violation shall be served upon
the owner, occupant, agent, firm or corporation. This notice may be
posted upon the property. The owner, occupant, agent, firm or corporation
shall comply with the provisions of this section within five days.
D.
Penalty. Failure to comply with the provisions of this section after
notification by the Department of Inspections will result in the issuance
of a summons for each subsection of this section that is in violation.
The minimum penalty for violating this section will result in a minimum
fine of $100 up to a maximum of $1,000.
E.
Establishment of permit fee. A permit fee is hereby established as
follows: An annual permit shall be applied for in written application
form as supplied by the Department of Inspections. The permit fee
shall be $100, payable to the Department of Inspections. The permit
will be posted on the storage unit so it is easily visible for inspections.
