Recognizing that certain uses, activities and structures are necessary to serve the needs and provide for the convenience of the citizens of the Township of Jackson and, at the same time, appreciating the fact that they or any one of them may be or may become harmful to the public health, safety and general welfare of the community if located without due consideration to the existing conditions and surroundings, such uses are designated as conditional uses subject to the standards and regulations hereby established. These standards and regulations are intended to provide the Planning Board with a guide for reviewing applications for conditional uses as provided for by this chapter. As a result of the review procedure, the applicant may be required to meet additional standards and regulations imposed by the Planning Board during site plan review which are in keeping with and will further the intent of these standards and regulations. Such standards and regulations shall be provided for and maintained as a condition of the establishment and maintenance of any use to which they are a conditional use approval. In acting upon an application for conditional use approval, the Planning Board shall be guided by the following standards and principles:
A. 
The use for which an application is being made is specifically listed as a conditional use within the zone where the property is located.
B. 
The design, arrangement and nature of the particular use is such that the public health, safety and welfare will be protected and reasonable consideration is afforded to the following:
(1) 
The adequacy of the proposed parking and traffic circulation for the use(s) and/or structure(s) and the potential for traffic congestion and/or the creation of undue traffic hazards.
(2) 
The adequacy of proposed drainage facilities which will serve the use(s) and/or structure(s).
(3) 
The adequacy of plans for screening any adverse aspects of the use(s) and/or structure(s) from adjoining properties.
(4) 
The adequacy of proposed outdoor lighting.
(5) 
Compliance with the performance standards established in § 244-160.
C. 
All conditional uses shall also be required to obtain site plan approval, unless otherwise specified in this chapter.
D. 
Conditional uses shall adhere to the standards of the zone in which located and to the additional standards specified for the particular use under this article, except where no additional standards are specified herein.
E. 
No use specified within this article shall be considered a conditional use unless it is specifically listed as a conditional use in the zoning district regulations.
Automobile repair shops may be permitted as a conditional use in the zoning districts specified, provided that the lot, use and structures shall adhere to the minimum area, yard and building requirements of the particular district and to the following:
A. 
No outdoor oil drainage pits or hydraulic lifts shall be permitted.
B. 
All repairs shall be performed in a fully enclosed building.
C. 
All vehicles awaiting repair or under repair which are stored out of doors shall be screened from the public by a solid fence and/or evergreen plantings, as required by the Planning Board.
D. 
No vehicle awaiting repair or under repair may be stored out-of-doors within the required front yard area, within 20 feet of any side or rear lot line or within 50 feet of any adjoining lot within a residential zone.
E. 
If gas pumps are proposed, § 244-111, referring to automobile service stations, shall also be applicable to automobile repair shops.
F. 
The storage of junk or dilapidated vehicles on the site shall not be permitted.
Automobile sales establishments for new and/or used cars may be permitted as a conditional use in the zoning district specified, provided that the lot, use and structures shall adhere to the following:
A. 
The property on which an automobile sales establishment is located shall conform to the lot requirements established in § 244-57D.
B. 
The leasing of automobiles is also permitted in conjunction with the selling of autos.
C. 
A buffer area, a minimum of 25 feet in width, measured from the street right-of-way, shall be provided along all such rights-of-way upon which the site has frontage. Said buffer area shall be planted with grass and low-growing shrubbery. Buffer areas, each a minimum of 25 feet in width, shall be provided on all the side and rear property lines of the site and shall be landscaped in accordance with the provisions set forth in § 244-193. Where the site of an auto sales establishment abuts a residential zoning district, the minimum width of the buffer area provided along the zone boundaries between the two districts shall be increased to 50 feet; this buffer area shall also be landscaped in accordance with the provisions set forth in § 244-193.
D. 
No vehicles shall be displayed, stored or parked within any buffer area.
E. 
All areas used for the display, storage or parking of vehicles shall be of a paved surface, which drains into a facility provided with an oil trap or similar device designed, intended and installed to prevent petroleum products from draining directly into the ground and/or a public drainage system.
F. 
No vehicles shall be displayed, stored or parked on any public street or within any public or private right-of-way or easement.
G. 
No facilities for vehicle body work shall be permitted on the site, except those facilities designed and intended for the preparation or maintenance of vehicles sold on the same premises and where such facilities are clearly incidental and subordinate to the principal use.
H. 
The delivery of autos shall take place on the premises and not on a public street or within a public right-of-way.
I. 
Off-street customer parking shall be provided in accordance with the provisions established as set forth in § 244-197.
J. 
All signs shall conform to the requirements set forth in § 244-207. No banners, flags, movable signs, flashing lights, rotating signs or similar devices shall be permitted.
K. 
All automobile sales establishments shall be subject to site plan approval, as set forth by this chapter.
Automobile service stations may be permitted as a conditional use in those zoning districts specified, provided that the lot, use and structures shall adhere to the minimum area, yard and building requirements of the particular district and the following:
A. 
The site plan shall show the number and location of fuel tanks to be installed, the dimensions and capacity of each storage tank, the depth the tanks will be placed below the ground, the number and location of pumps to be installed, the type of structures and accessory buildings to be constructed and the number of automobiles which are to be garaged.
B. 
Convenience shops may be permitted, provided that:
(1) 
They contain not more than 5,000 square feet of gross floor area;
[Amended 8-13-2001 by Ord. No. 36-01]
(2) 
One additional parking space is provided for each 100 square feet of floor area devoted to the convenience shop; and
(3) 
The location and access for the convenience shop does not impede or interfere with vehicular circulation to and from fuel pumps.
C. 
All fuel pump islands shall be located at least 35 feet from all property lines.
D. 
All fuel tanks shall be installed underground.
E. 
No outdoor oil drainage pits or hydraulic lifts shall be permitted.
F. 
Any repair of motor vehicles shall be performed in a fully enclosed building. No parts or partially dismantled motor vehicle shall be stored out of doors.
G. 
Coin-operated service stations are not permitted.
H. 
No auto bodywork shall be permitted.
I. 
Illumination shall be such that no direct glare from the lights shall fall upon adjoining streets or properties.
J. 
The sale, rental or lease of new or used vehicles shall be prohibited.
K. 
A fifteen-foot-wide landscaped strip across the entire lot frontage shall be provided and shall be landscaped with grass or ground cover, as well as low-growing buffering shrubbery and shade trees in accordance with the provisions of § 244-193. Additionally, all areas of the lot not deemed necessary for the circulation or storage of automobiles, as determined by the Planning Board, shall be landscaped.
L. 
Outdoor solid waste disposal shall be properly screened and buffered.
M. 
Accessory goods for sale may be displayed on the pump islands and the building island only. The outside storage of oil cans and/or antifreeze and similar products may be displayed on the respective islands, if provided for in a suitable metal stand or rack.
Car washes may be permitted as a conditional use in those zoning districts specified, provided that the lot, use and structures shall adhere to the minimum area, yard and building requirements of the particular district and the following:
A. 
All mechanical activities shall be conducted within a completely enclosed building.
B. 
Wastewater from the use shall be discharged into the public sanitary sewer system. No on-site septic system or dry well shall be permitted.
Cemeteries and mausoleums for human internment may be permitted as a conditional use in those zoning districts specified, provided that the lot, use and structures shall adhere to the minimum area, yard and building requirements of the particular district and the following:
A. 
Grave sites shall be set back a minimum of 100 feet from any public right-of-way line and 50 feet from all other property lines.
B. 
Principal and/or accessory structures, including mausoleums, shall be set back a minimum of 200 feet from all property lines.
C. 
Parking requirements shall be determined by the Planning Board, and no parking shall be located closer than 100 feet to any public right-of-way.
Child-care centers, nursery schools and day-care centers may be permitted as a conditional use in those zoning districts specified, provided that the lot, use and structures shall adhere to the following:
A. 
A statement shall be submitted with the application setting forth the full particulars regarding the use, activities and building.
B. 
The minimum required lot area for the proposed use shall be one acre. Other lot and principle building bulk requirements for the respective zoning district of the proposed use shall prevail.
C. 
Accessory buildings shall be located no closer than 20 feet to the rear or side property lines. No accessory building shall be permitted within the required front yard setback or the front building line of the principle building, whichever is greater.
D. 
All interior facilities and areas to be used by the children shall be located on the principal entrance floor and any other level which is not more than 1/2 story above or below the finished grade at the location from which pedestrian access is provided to the building.
E. 
A minimum of 100 square feet per rated building capacity of outdoor space devoted to recreational use shall be provided and shall be entirely fenced or otherwise protected from hazards, traffic and driveways.
F. 
Basement areas shall not be utilized for child care, classrooms or recreational purposes.
G. 
All loading and unloading of children shall take place on site and not in the right-of-way of a public street.
H. 
No temporary or permanent residential dwelling facilities shall be provided in a child-care center, nursery school or day-care center.
I. 
The use shall be licensed by the Division of Youth and Family Services, New Jersey Department of Human Services.
Churches and places of worship may be permitted as a conditional use in those zoning districts specified, provided that the lot, use and structures shall adhere to the following:
A. 
The required minimum lot area shall be two acres.
B. 
The required minimum lot width shall be 200 feet.
C. 
The required minimum lot frontage shall be 200 feet.
D. 
No principal building shall be located closer than 100 feet to any public street right-of-way and no closer than 50 feet to any rear or side property line.
E. 
No accessory building or structure shall be permitted in any front yard, nor shall any accessory building or structure be located closer than 30 feet to any rear or side property line.
F. 
The maximum permitted building coverage shall be 25%.
G. 
The height of structures to be constructed may exceed the maximum height requirements of § 244-156 of this chapter; provided, however, that the front, rear and side yard requirements set forth above shall be increased by two feet for each foot by which the height of the structure exceeds the maximum height which would be otherwise permitted by this chapter, and further provided that in no case shall any proposed structure exceed 50 feet in height.
H. 
The applicant shall submit a list of proposed activities and anticipated participants, a timetable reflecting the hours in which each building will be used and any other pertinent uses and activities intended to take place on the site.
I. 
Lots shall not have their primary frontage or access on a residential access or residential neighborhood street or any lower order street, as defined by the Residential Site Improvement Standards.
[Added 12-23-2002 by Ord. No. 50-02]
J. 
Buffer requirements.
[Added 12-23-2002 by Ord. No. 50-02]
(1) 
Perimeter buffer. A landscaped buffer shall be required around the entire length of side and rear property lines, except where access drives or other accessory features must, of necessity, traverse this reserved strip. The minimum landscape buffer widths shall be as follows:
(a) 
From a nonresidential use or district: 25 feet.
(b) 
From a residential use or district: 50 feet.
(2) 
A required buffer shall be landscaped with trees, shrubs, and other suitable plantings for beautification and screening. Natural vegetation should be retained to the maximum degree possible. On those sites where no existing vegetation is present or existing vegetation is inadequate to provide screening, the applicant shall suitably grade and plant the required buffer area, such that this planting shall provide an adequate screen of at least six feet in height so as to continually restrict the view. A minimum on-center distance between plantings shall be such that upon maturity the buffer will create a solid screen. The buffer may be supplemented with a fence of solid material where necessary.
(3) 
Other site standards. The front yard, exclusive of walkways, pavilion areas, or driveways, shall be landscaped with grass, trees, shrubs, ground cover, flowers, existing vegetation, or any suitable combination thereof. Plantings shall conform, however, to restrictions on corner lot placement, in order to protect visibility.
A. 
Commercial recreation uses, such as skating rinks, miniature golf courses, driving ranges, amusement parks, dance halls, commercial swimming pools, arcades and amusement machines, coin-operated or otherwise, such as video and/or pinball machines, may be permitted as a conditional use in those zoning districts specified, provided that the lot, use and structure shall adhere to the minimum standards of the particular zone and the following:
(1) 
No building, structure, active recreation area or parking area shall be located closer than 50 feet to any residential zone.
(2) 
Commercial swimming pools shall be subject to the provisions of § 244-216A.
B. 
Notwithstanding the foregoing, no conditional use permit shall be required for the accessory use of five or fewer amusement machines, coin-operated or otherwise, including but not limited to video and/or pinball machines in any establishment, provided that the use of such five or fewer machines is clearly an accessory use in such establishment.
C. 
Notwithstanding the foregoing, no conditional use permit shall be required for the placement of over five amusement machines, coin-operated or otherwise, including but not limited to video and/or pinball machines in any establishment presently approved or used as a commercial recreation use, provided that such placement of said amusement machines is a secondary use.[1]
[1]
Editor's Note: Original § 109-106, Community residences for the developmentally disabled, of the 1972 Code, which immediately followed this section, was repealed 3-10-2003 by Ord. No. 4-03.
Community shelters for victims of domestic violence housing between seven and 15 victims of domestic violence may be permitted as a conditional use in those zoning districts specified, provided that the lot, use and structure shall adhere to the minimum standards of the particular zone and the following:
A. 
All of the conditions set forth above in § 109-106,[1] regarding community residences for the developmentally disabled, shall apply to community shelters for victims of domestic violence.
[1]
Editor's Note: Original § 109-106 of the 1972 Code was repealed 3-10-2003 by Ord. No. 4-03.
Drive-in restaurants may be permitted as a conditional use in those zoning districts specified, provided that the lot, use and structures shall adhere to the minimum standards of the particular zone and the following:
A. 
A buffer area, a minimum of 20 feet in width, shall be provided adjacent to all public street rights-of-way.
B. 
Side and rear buffer strips of 15 feet must be provided. Where the property abuts a residential use or district, these buffers must be increased to 30 feet. In addition to landscaped buffering, drive-in restaurants shall be screened from abutting properties by a decorative masonry or wooded fence of acceptable design six feet in height. No such wall or fence shall be located so as to obstruct safe traffic vision.
C. 
There shall be at least one major means of access and egress, divided by a median strip. Entrances and exists shall be located at least 80 feet from a street intersection.
D. 
Direct access from the roadway right-of-way line to the nearest turn or parking space on the lot on which the drive-in establishment is located shall be an unobstructed distance of at least 20 feet.
E. 
All signs shall conform to the requirements set forth in § 244-207.
F. 
All service, storage and trash areas shall be completely screened from public view. All outside trash receptacles shall be located within an enclosure constructed of decorative masonry material a minimum of four feet and a maximum of six feet in height and shall be provided with opaque gates of the same height.
G. 
The minimum distance between driveways and adjacent property lines shall be 20 feet, measured from the curb return to an extension of the side property line.
H. 
The minimum distance between driveways on the site shall be 65 feet, measured between the curb returns.
I. 
Drive-in window lanes shall be physically separated from the traffic circulation system on the site by means of concrete curbed and landscaped islands which allow for a minimum width of three feet for landscaping. The drive-in window aisle shall have a minimum width of 10 feet. The length of the drive-in lane shall be such as to permit the stacking of a minimum of five vehicles.
J. 
Sites shall be so designed as not to permit a conflict between pedestrian and vehicular drive-in traffic in either the stacking lane or drive-in exit.
K. 
On-site lighting shall conform to the requirements set forth in § 244-197.
L. 
All utilities leading to and within the site shall be installed underground.
M. 
A drive-in restaurant shall be connected to an approved and functioning public water supply system and sanitary sewer system prior to the issuance of any certificate of occupancy.
Farmers' markets may be permitted as a conditional use in those zoning districts specified, provided that the lot, use and structures shall adhere to the minimum standards of the particular zone and the following:
A. 
No area for outdoor sales or storage shall be located within the front yard area or closer to the rear and side property lines than the required rear yard and side yard setbacks for accessory buildings for the particular zone, as established by this chapter.
B. 
The retailing of farm products raised off-site and transported to the property in question for sale is permitted.
C. 
Off-street parking shall be provided in accordance with the provisions set forth in § 244-197.
D. 
The site shall not be located on a local street, as defined in § 244-6.
Health care facilities may be permitted as a conditional use in those zoning districts specified, provided that the lot, use and structures shall adhere to the following:
A. 
A statement shall be submitted with the application setting forth the full particulars regarding the use, activities and building.
B. 
The lot upon which the use is proposed and the buildings shall conform to the following minimum standards and requirements:
Requirements
Lot
Lot requirements:
Lot area (acres)
5.0
Lot width (feet)
200
Lot frontage (feet)
200
Lot depth (feet)
250
Principal building requirements:
Front yard setback (feet)
100
Rear yard setback (feet)
50
Side yard setback, each side (feet)
50
Maximum building height (feet)
35
Accessory building requirements:
Front yard setback (feet)
Not permitted in front yard
Rear yard setback (feet)
30
Side yard setback (feet)
30
Maximum building height (feet)
25
Maximum building coverage (combined coverages of all principal and accessory buildings)
25%
C. 
A minimum of 16 patient beds shall be provided.
D. 
Basement areas in health care facilities shall not be included in calculating building height, nor shall these areas be utilized to house patients or for recreation areas.
E. 
All health care facilities shall be licensed by and/or meet all applicable standards of federal, state and county regulatory agencies.
Home occupations may be permitted as a conditional use in those zoning districts specified, provided that the lot, use and structure shall adhere to the minimum standards of the particular zone and the following:
A. 
There shall be no employees other than the bona fide residents of the dwelling.
B. 
The portion of the dwelling utilized for the home occupation shall not exceed 50% of the gross first floor area of the dwelling.
C. 
The occupation shall be conducted entirely within the dwelling or within an accessory building or buildings.
D. 
There is no external display of goods or any outdoor activity or advertising on the premises other than a nonilluminated identification sign not to exceed 150 square inches.
E. 
No noise shall be audible to adjacent property owners or interfere with the quiet enjoyment of their property.
F. 
The home occupation shall not adversely affect adjacent property owners or interfere with their quiet enjoyment of their properties.
G. 
No use shall require internal or external alterations to the dwelling unit.
H. 
No use shall involve construction features or the use of electrical or mechanical equipment that would change the fire rating of the structure.
I. 
No use shall be permitted which exceeds the maximum number of occupants for which the dwelling has been constructed, as determined by all applicable fire codes.
J. 
Resident employee parking shall not interfere with residential parking on the street where the home occupation is permitted.
K. 
No firearms may be used in any form in said business, including repair of nonfunctioning parts.
L. 
Not more than one home occupation shall be permitted per dwelling unit.
Home professional offices may be permitted as a conditional use in those zoning districts specified, provided that the lot, use and structures shall adhere to the minimum standards of the particular zone and the following:
A. 
Not more than one professional and one professional only, without associates or partners, may utilize the office, except that one additional professional may be permitted, provided that both professionals are members of the same immediate family, which includes parents, children and spouses only.
B. 
Not more than two persons may be employed as office personnel.
C. 
The portion of the dwelling devoted to professional office use shall not exceed 30% of the total gross floor area of the dwelling.
D. 
The professional office use shall be conducted entirely within the dwelling or within an accessory building or buildings.
E. 
There is no external display of goods or any outdoor activity or advertising on the premises other than a nonilluminated identification sign not to exceed 150 square inches.
F. 
No noise shall be audible to adjacent property owners or interfere with the quiet enjoyment of their property. The home professional office use shall not adversely affect adjacent property owners or interfere with their quiet enjoyment of their properties.
G. 
There shall be no outside storage of any kind related to the home professional office use.
H. 
No home professional office use shall require internal or external alterations to the dwelling unit.
I. 
No home professional office use shall involve construction features or the use of electrical or mechanical equipment that would change the fire rating of the structure.
J. 
Customer and employee parking shall not interfere with residential parking on the street where the home professional office use is permitted.
K. 
Not more than one home professional office use shall be permitted per dwelling unit.
Hospitals and philanthropic or eleemosynary uses may be permitted as a conditional use in those zoning districts specified, provided that the lot, use and structures shall adhere to the following:
A. 
Minimum area, yard and building requirements:
Requirements
Lot
Lot requirements:
Lot area (acres)
5.0
Lot width (feet)
200
Lot frontage (feet)
200
Lot depth (feet)
250
Principal building requirements:
Front yard setback (feet)
100
Rear yard setback (feet)
100
Side yard setback, each side (feet)
100
Maximum building height (feet)
100
Accessory building requirements:
Front yard setback (feet)
Not permitted in front yard
Rear yard setback (feet)
50
Side yard setback (feet)
50
Maximum building height (feet)
25
Maximum building coverage (combined coverage of all principal and accessory buildings)
25%
B. 
The site shall have frontage on and direct access to a major arterial or minor arterial.
C. 
Off-street parking shall be provided in accordance with the requirements set forth in § 244-197.
D. 
The proposed use shall not be detrimental to the values of adjacent properties.
E. 
A statement shall be submitted with the application setting forth the full particulars regarding the use, activities and buildings.
Hotels and motels may be permitted as a conditional use in those zoning districts specified, provided that the lot, use and structures shall adhere to the following:
A. 
Minimum area and yard requirements:
(1) 
Lot area. The required minimum lot area shall be two acres or the minimum lot area required for the particular zone, whichever is greater; however, in no case shall the minimum lot area per unit of accommodation be less than 1,500 square feet.
(2) 
Lot width. The required minimum lot width shall be 200 feet or the minimum lot width required for the particular zone, whichever is greater.
(3) 
Lot frontage. The required minimum lot frontage shall be 200 feet or the minimum lot frontage required for the particular zone, whichever is greater.
(4) 
Lot depth. The required minimum lot depth shall be 200 feet or the minimum lot depth required for the particular zone, whichever is greater.
(5) 
Maximum building coverage (combined coverage of all principal and accessory buildings). The maximum building coverage shall be the same as permitted for the particular zone.
B. 
Principal building minimum requirements:
(1) 
Front yard, rear yard and side yard setbacks. The required minimum front yard, rear yard and side yard setbacks for the principal building shall be the same as required for the particular zone.
(2) 
Building height. The height of the principal building may exceed the maximum height requirement for the particular zoning district within which the site is located; provided, however, that the front, rear and side yard setback requirements set forth for the particular zone shall each be increased by four feet for each foot by which the height of the structure exceeds the maximum height permitted for the particular zone, and further provided that in no case shall any proposed structure exceed 50 feet in height.
C. 
Accessory building requirements:
(1) 
Setback requirements. No accessory building shall be located within the front yard setback of the principal building required for the particular zone. The required minimum rear yard and side yard setbacks for an accessory building shall be the same for the particular zone.
(2) 
Building height. The maximum height of an accessory building shall be the same as permitted for the particular zone.
D. 
Off-street loading facilities shall be provided pursuant to § 244-196.
E. 
Off-street parking facilities shall be provided in accordance with the provisions set forth in § 244-197.
F. 
A hotel/motel and all accessory buildings shall be connected to an approved and functioning public water supply system and sanitary sewer system prior to the issuance of any certificate of occupancy.
G. 
The required minimum number of units of accommodation shall be 20 units.
H. 
Permanent, on-site superintendent's living quarters shall be provided within the principal building as the hotel/motel use. The superintendent's living unit, however, shall not be counted toward the required minimum number of units of accommodation.
I. 
A minimum of 10 units of accommodation shall be required in any principal building.
J. 
No accessory building or structure shall be used as or contain, in whole or in part, a unit of accommodation.
K. 
A unit of accommodation may contain efficiency facilities; provided, however, that the applicant satisfactorily demonstrates the units containing said facilities shall be utilized primarily for transients.
L. 
Each unit of accommodation shall contain a bathroom.
M. 
A restaurant may be permitted; however. if a restaurant is provided, it shall be considered as an accessory use to the hotel/motel principal use and shall be located within a principal building.
N. 
Other accessory uses may be permitted on the same lot as the hotel/motel principal use and may include but shall not be limited to a swimming pool or other recreational facilities. These accessory uses provided shall not be for use by the general public but shall be used primarily by the guests of the hotel/motel. No additional on-site parking shall be required for swimming pools; however, swimming pools shall be subject to the requirements set forth in § 244-216A.
O. 
Landscaping, buffer areas and screening shall be provided in accordance with the requirements set forth in § 244-193.
P. 
A statement shall be submitted with the application setting forth the full particulars regarding the use, activities and buildings.
A life care facility or development may be permitted as a conditional use in those zoning districts specified, provided that the lot, use and structures shall adhere to the following:
A. 
A statement shall be submitted with the application setting forth the full particulars regarding the use, activities and buildings.
B. 
The site shall have frontage on and direct access to a major arterial or minor arterial.
C. 
Minimum requirements; height.
(1) 
Minimum area, yard and building requirements:
Requirements
Lot
Lot requirements:
Lot area (acres)
25.0
Lot width (feet)
200
Lot frontage (feet)
200
Lot depth (feet)
200
Principal building requirements:
Front yard setback (feet)
100
Rear yard setback (feet)
50
Side yard setback, each side (feet)
50
Maximum building height [see Subsection C(2) below] (feet)
—
Accessory building requirements
[NOTE: Accessory building requirements shall be the same as those established for the particular zoning district within which the life care facility or development is located.]
—
Maximum building coverage (combined coverage of all principal and accessory buildings)
20%
(2) 
Maximum principal building height: 35 feet, subject to the provisions set forth in § 244-156; provided, however, that the height of a structure, or portion thereof, may exceed the maximum as otherwise permitted, provided that the front, rear and side yard requirements set forth above shall each be increased by five feet for each foot by which the height of the structure, or part thereof, exceeds the permitted maximum height, and further provided that in no case shall any proposed structure, or part thereof, exceed three usable floors and 40 feet in height, as defined in § 244-6 of this chapter.
D. 
All support facilities, functions and services shall be intended for the use and benefit of the resident users of the facility and their guests.
E. 
Health care and support services, functions and facilities within a life care facility or development may include the following:
(1) 
Indoor and outdoor recreational facilities.
(2) 
Physical therapy facilities.
(3) 
Entertainment facilities.
(4) 
Libraries.
(5) 
Food preparation facilities.
(6) 
Dining facilities.
(7) 
Linen service facilities.
(8) 
Nursing service.
(9) 
Housekeeping service.
(10) 
Health care facilities and services, including nursing beds, security facilities, administrative offices, storage facilities, chapels, facilities for the temporary lodging of guests and limited service facilities.
F. 
Parking facilities for the residents, employees and visitors of the life care facility shall be provided based on a total of the following:
(1) 
One space per independent living unit.
(2) 
One space per six health care beds.
(3) 
One space per day-shift employee.
(4) 
One space per 10 independent living units for visitor parking.
G. 
The maximum permitted density shall be 12 dwelling units per acre. For the purposes of computing density, each independent living unit shall be considered one dwelling unit. Health care beds, either individually or collectively, shall not be considered dwelling units.
H. 
Any health care facility shall be licensed by and/or meet all applicable standards of federal, state or county regulatory agencies.
A mini storage facility may be permitted as a conditional use in the zoning district specified, provided that the lot, use and structures shall adhere to the following:
A. 
The site shall have frontage on and direct access to a major arterial or minor arterial.
B. 
Minimum requirements.
(1) 
Minimum area, yard and building requirements:
Requirements
Lot
Lot requirements:
Lot area (acres)
2.0
Lot width (feet)
175
Lot frontage (feet)
175
Lot depth (feet)
200
Principal building requirements:
Front yard setback (feet)
60
Rear yard setback (feet)
40
Side yard setback (feet)
40
Maximum building height (feet)
35
(2) 
Accessory building requirements shall be the same as those established for the particular zoning district within which the mini storage facility is located.
(3) 
The maximum permitted building coverage (combined coverage of all principal and accessory buildings) shall be 30%.
C. 
A landscaped buffer, a minimum of 25 feet in width shall be provided along the property lines which abut a commercial use or zoning district.
D. 
A landscaped buffer, a minimum of 40 feet in width shall be provided along the rear and side property lines which abut a residential use or zoning district.
E. 
A minimum of 30 feet shall be provided between all buildings, when more than one mini storage building is provided.
F. 
All access and on-site driveways and aisles shall be a minimum of 25 feet in width.
G. 
A dwelling unit, exclusively for the use and occupancy by the person or persons managing the mini storage facility, may be provided. If such a unit is provided, however, it shall be an accessory use. Such a unit shall also be located within one of the principal buildings.
H. 
No hazardous, toxic or radioactive substance or material shall be stored within any building or on the site.
I. 
Off-street parking shall be provided in accordance with the requirements set forth in § 244-197 for a business office and for a dwelling unit, if provided. Additional parking may be required at the discretion of the Planning Board.
A. 
Natural production uses may be permitted as a conditional use, in the zoning district specified, for the excavation, mining and removal, for commercial use or other disposition of sand, gravel, stone or other natural mineral ore, provided that the lot, use and structures shall adhere to the following:
(1) 
The owner of the premises making the application for such conditional use shall file, with said application, a map indicating the following:
(a) 
The exterior lines of the lands that will comprise the site of the mining or other activities hereunder.
(b) 
The lot and block numbers of all adjoining lands as shown on the Official Tax Map and identification of the owners thereof.
(c) 
The existence of a permanently established benchmark approved by the Township Engineer.
(d) 
Contour lines showing elevations of the proposed mining site at the time of the application.
(e) 
Proposed contour grades showing elevations from the intended excavation, mining and removal of any natural mineral deposits.
(f) 
The limits of the area to be mined or excavated.
(g) 
The location of all access roads and other roads adjoining the property.
(h) 
The location of all slopes created by mining or excavation.
(i) 
The location of any artificial lakes that may be created as the result of the mining or excavation activity.
(2) 
The application for a conditional use must specify the specific type of activity for which such permit is requested, such as:
(a) 
Removal, excavation or other commercial disposition of sand, gravel or stone.
(b) 
Excavation or removal for sale or other disposition of topsoil.
(c) 
The mining or excavation of materials such as mineral deposits or ores or other mineral substances other than sand, gravel, stone or topsoil.
(3) 
No conditional use shall be issued where the proposed area to be so mined or excavated exceeds:
(a) 
In the case of mining for mineral substances other than sand, gravel, stone or topsoil, an area of more than 400 acres.
(b) 
In the case of the excavation or removal of gravel, stone or sand, 50 acres, and such excavation as shown on the map of the proposed area shall not exceed a depth of 10 feet at any point below the surface of any adjoining property or road.
(c) 
Where the use is for the removal of topsoil, an area of 10 acres.
(4) 
No natural production use shall be allowed if such use is within:
(a) 
Fifty feet of a boundary line of an adjoining property.
(b) 
One hundred feet of an existing residential dwelling.
(c) 
Fifty feet of a public street or road.
(5) 
In the case of an application for the mining or removal of gravel, sand or stone, there must be an adequate access road to a public road.
(6) 
Buffer strips of trees or hedges and/or screen fencing may be required, if necessary to protect adjacent property from any detrimental effects which could be caused by such use.
(7) 
It is ascertained by the Board that the proposed use or uses of the proposed location will:
(a) 
Not adversely affect the value of adjacent properties.
(b) 
Not impair the convenience, health, safety and character of the areas adjacent to the proposed use.
(c) 
In no way be detrimental to the health, safety and general welfare of the Township.
(d) 
Not adversely affect the coordinated and harmonious physical development of the Township.
B. 
Notwithstanding the above, this section shall not abrogate the need to obtain a soil removal permit or license pursuant to the requirements of Chapter 185, Excavations, Mining and Dredging, of the Code of the Township of Jackson.
Public utility uses, such as water towers, pumping stations, electric substations, radio towers, transmission lines and switching stations, which must be provided above ground, may be permitted as a conditional use in those zoning districts specified, provided that the lot, use and structures shall adhere to the following:
A. 
A statement shall be submitted with the application setting forth the reasons that the proposed installation must be provided above ground in a specific location and why it is necessary and convenient for the efficiency of the public utility system or for the satisfactory and convenient provision of service by the utility to the neighborhood or area in which the particular use is to be located.
B. 
The proposed use shall be located on a lot of not less than 20,000 square feet in area.
C. 
All of the building setback and coverage requirements of the particular zone within which the site is located shall be met, except that no front yard, rear yard or side yard setback of any structure shall be less than 125% of the height of the structure.
D. 
The design of any building in connection with such facility shall conform to the general character of the area and shall not adversely affect the safe and comfortable enjoyment of property rights of the zone in which it is located.
E. 
Adequate and attractive fences and other safety devices shall be provided.
F. 
Sufficient landscaping, including shrubs, trees and lawn shall be provided and maintained on a regular basis.
G. 
No service or storage yards shall be permitted in any zone.
Quasi-public or private club buildings and recreation areas, including clubhouses, parks, playgrounds, tennis courts, swimming pools and other such activities, may be permitted as a conditional use in those zoning districts specified, provided that the lot, use and structures shall adhere to the following:
A. 
A statement shall be submitted with the application setting forth the full particulars regarding the use, activities and buildings.
B. 
The required minimum lot area shall be one acre.
C. 
All of the building setback and height requirements of the particular zone within which the site is located shall be met.
D. 
The maximum permitted building coverage shall be 25%.
E. 
The required minimum unoccupied open space shall be 35%.
F. 
No parking area or recreation area shall be located closer than 50 feet to a rear or side property line.
G. 
Swimming pools shall be subject to provisions set forth in § 244-216A of this chapter.
H. 
For uses other than swimming pools, off-street parking requirements shall be determined by the Planning Board, except that the off-street parking requirements shall be not less than the requirements under § 244-197.
Recycling activity centers may be permitted as a conditional use in the zoning district specified, provided that the lot, use and structure shall adhere to the following:
A. 
The intent and purpose of a recycling activity center is to provide for the concentration and centralization of recycling development activity.
B. 
Site criteria.
(1) 
The site of a recycling activity center shall be located east of Ocean County Route 547, south of the Central Railroad of New Jersey easement and northwest of the Manchester Township municipal boundary.
(2) 
The site shall front on a county road or other road classified as a major arterial.
(3) 
The minimum tract size shall be 30 acres.
C. 
Uses permitted as part of a recycling activity center.
(1) 
Office: general, professional and commercial.
(2) 
Laboratories: research and testing.
(3) 
Industrial, manufacturing and recycling activities subject to the performance standards set forth in § 244-160.
(4) 
Crushing of reclaimed asphalt and concrete products.
(5) 
Recycling stumps through grinding and the manufacturing of wood chips.
(6) 
Asphalt processing plant and/or asphalt plant utilizing reclaimed asphalt products.
(7) 
Warehouse and storage facilities.
(8) 
Trucking terminals.
(9) 
The use of heavy equipment used in the operation or outside storage of materials.
(10) 
Outside storage of materials.
(11) 
Off-street parking facilities.
(12) 
Signs.
(13) 
Other uses, buildings and structures customarily associated with a recycling activity center.
D. 
Prohibited uses. Those uses which are not specifically set forth in § 244-130C above shall be strictly prohibited as part of a recycling activity center.
E. 
Master development plan.
(1) 
An applicant for a recycling activity center shall submit a master development plan to the Planning Board for review and approval.
(2) 
The master development plan shall be accompanied by all required application forms and fees, as set forth in § 244-12.
(3) 
Details of the recycling activity center shall be shown on the master development plan as set forth in § 244-130E(1).
F. 
Construction of improvements. No land disturbance shall occur, nor shall any improvements, buildings or other structures be installed or constructed on the site, without a site plan approved by the Jackson Township Planning Board.
G. 
Development controls.
(1) 
The minimum required setback for all buildings and structures of a recycling activity center shall be 100 feet from all property lines.
(2) 
A buffer, a minimum of 50 feet in width, shall be provided around the entire tract perimeter of a recycling activity center. Screening and plantings within said buffer shall be determined by the Planning Board. The buffer area shall remain unoccupied, except for on-site access roads or utilities. No storage of materials or disposal areas shall be permitted within the buffer area.
(3) 
Where a tract containing a recycling activity center abuts a residential zoning district or a residential use, a buffer a minimum of 100 feet in width shall be provided along the common property with said residential zone or use. Supplemental screening and landscaping shall be required, if deemed necessary by the Planning Board. The buffer area shall remain unoccupied, except for utilities. No storage of materials or disposal areas shall be permitted within the buffer area.
Truck terminals may be permitted as a conditional use in the zoning district specified, provided that the lot, use and structures shall adhere to the following:
A. 
The required minimum lot area shall be three acres.
B. 
Principal building and accessory building requirements and other lot bulk requirements for the particular zone within which the site is located shall apply.
C. 
The required minimum unoccupied open space shall be 35%.
D. 
No trucks shall be parked, stored or otherwise maneuvered within the front yard setback area.
E. 
A heavily landscaped buffer area, a minimum of 25 feet in width, shall be provided along all rear and side property lines, where the parking, storing or maneuvering of trucks shall be prohibited.
F. 
Trucks, including tractor or trailer units, parked or stored on the lot shall be arranged in an orderly manner in allocated spaces, as shown on an approved site plan.
G. 
Trailer units shall be parked or stored only on paved surfaces, and concrete surfaces shall be required under trailer support devices (e.g., crank-down wheels or pads).
H. 
All repair and service operations shall take place within completely enclosed buildings in compliance with setback requirements for the zone.
I. 
At least 10% of the area devoted to truck parking and storage shall be landscaped. The landscaping should be located in protected areas along walkways, center islands and at the ends of bays.
Veterinary clinics, hospitals or animal care facilities may be permitted as a conditional use in those zoning districts specified, provided that the lot, use and structures shall adhere to the minimum standards of the particular zone and the following:
A. 
No building or area used for kennels, pens or runs shall be located closer than:
(1) 
One hundred feet to the front property line;
(2) 
Fifty feet from the rear and side property lines; and
(3) 
One hundred fifty feet to any off-site dwelling.
B. 
Sufficient space shall be provided indoors for all animals kept at the facility, and no animals may be kept out of doors between 9:00 p.m. and 7:00 a.m.
C. 
Detailed plans and proposals for sanitary sewage and solid waste disposal shall be submitted to the Planning Board.
D. 
Provisions shall be made for noise control which, as a minimum, shall include:
(1) 
Soundproofing of all enclosed structures.
(2) 
Noise baffles or dense screening and landscaping of all outside pens, kennels, cages and runs.
(3) 
Secondary buffer plantings between pens, kennels, cages and runs and any exterior property line buffer strip when required by the Planning Board.
E. 
All such facilities shall be licensed by and/or meet all applicable standards of federal, state or county regulatory agencies.
F. 
In residential zones, the veterinary clinic, hospital or animal care facility shall be accessory to a permitted detached single-family dwelling.
[Added 12-23-2002 by Ord. No. 50-02]
Professional offices may be permitted as conditional uses in all non-Pinelands residential zoning districts subject to the following conditions:
A. 
The property must have frontage along one of the following county rights-of-way:
(1) 
County Route 528.
(2) 
County Route 526.
(3) 
County Route 547.
(4) 
County Route 527.
(5) 
County Route 537.
(6) 
County Route 571.
B. 
The bulk regulations as specified in the NC Zoning District shall apply with the following exceptions:
(1) 
Minimum lot size: 30,000 feet.
(2) 
The building or parking setback from any property line common to a lot which is residentially zoned shall be increased by a thirty-five-foot buffer area containing plantings, fencing and land forms sufficient to visually screen the nonresidential use.
[Added 8-12-2014 by Ord. No. 13-14]
Solar energy facilities may be permitted as a conditional use in those zoning districts specified, provided the following standards are met:
A. 
Public service infrastructure necessary to support the solar energy facility is available, or can be provided without any off-site development in the PA, FA-1, FA-2 or FA-3 Zone;
B. 
The solar energy facility, including any proposed off-site infrastructure, shall be located and screened in such a way as to minimize visual impacts as viewed from the Toms River, publicly dedicated roads and highways, low-intensity recreational facilities and campgrounds and existing residential dwellings on contiguous parcels;
C. 
Should the development of new or expansion of existing nonsite or off-site infrastructure be necessary to accommodate the solar energy facility, clearing shall be limited to that which is necessary to accommodate the use. New rights-of-way shall be limited to a maximum width of 20 feet, unless additional width is necessary to address specific safety or reliability concerns; and
D. 
Any solar energy facility shall be decommissioned within 12 months of the cessation of its utilization. Decommissioning shall include:
(1) 
Removal of all energy facilities, structures and equipment, including any subsurface wires and footings, from the parcel;
(2) 
Restoration of the parcel in accordance with § 244-79B(4), unless restoration is unnecessary because the parcel is to be put into active agricultural use or approved for development in accordance with this chapter within that twelve-month period; and
(3) 
Any other measures necessary to address ecological and visual impacts associated with the solar energy facility, including the removal of off-site infrastructure and restoration of affected lands.