Certain uses, activities and structures are necessary to serve
the needs and to provide for the convenience of the citizens of the
Township at the same time, appreciating the fact that they or any
one of them may be or may become inimical to the public health, safety
and general welfare of the community; if located without due consideration
to 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 Municipal Agency 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 Municipal Agency 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 condition of approval. In acting upon
an application for conditional use approval, the Municipal Agency
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 that
reasonable consideration is afforded to the following:
(1)
The suitability of the particular property which is subject
to an application for a conditional use.
(2)
The compatibility of the proposed use(s) and/or structure(s)
within the existing neighborhood.
(3)
The potential effect that the proposed use(s) and/or structure(s)
will have upon property values.
(4)
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.
(5)
The need for such facility or use(s) to serve the area in which
it is to be located.
(6)
The adequacy of proposed drainage facilities which will serve
the use(s) and/or the structure(s).
(7)
The adequacy of plans for screening any adverse aspects of the
use(s) and/or structure(s) from adjoining properties.
(8)
The adequacy of proposed outdoor lighting.
(9)
Compliance with the standards, principles and objectives of
the Master Plan.
(10)
Compliance with the design standards, general provisions, submission
requirements and other appropriate provisions of this chapter.
(11)
Whether or not the proposed use represents an inherently beneficial
use to society or the local community.
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 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 zone
district regulations.
Adult entertainment establishments may be permitted as a conditional
use in the B-3 Zone, provided that the use shall adhere to the following
standards:
A.
Adult entertainment establishments shall not be permitted within
500 feet of any residentially zoned property, place of worship, day-care
center or any school. This distance shall be measured from the front
door of said establishment to the nearest property line within one
of the uses specified above.
B.
Adult entertainment establishments shall not be permitted within
any shopping center, but shall instead be a freestanding facility.
C.
No adult entertainment facility shall be located within 1,000 feet
of another such facility. This distance shall be measured from property
line to property line.
Ancillary adult community commercial and professional facilities
may be permitted as a conditional use in the R-1 and R-2 Zones, provided
that the use and/or structures shall adhere to the following:
A.
Such facilities shall be limited to a guesthouse, hobby and craft
shops, a pharmacy, barber shop, beauty salon, a laundry and cleaning
pickup service, and professional offices for doctors and dentists.
B.
All such facilities shall be designed and operated to service, exclusively,
the residents of the planned adult community and their guests.
C.
Permitted signs. One sign to identify each ancillary use permitted,
not exceeding two square feet in area on any one side and located
not less than 10 feet from any curbline. Such signs shall indicate
only the use of and the name of the occupant of any such facility.
Automobile painting, body work and repair establishments shall
be permitted as a conditional use in the zone(s) specified, provided
that the use and/or structures shall adhere to the following:
A.
Such facilities shall not be permitted within 500 feet of any residential
property.
B.
All body work and repair, including painting and welding, shall be
performed within an enclosed structure which shall conform to all
construction code requirements for hazardous occupancies.
C.
Overnight storage of vehicles which are in the process of being worked
on shall not be permitted in any front, street side or street rear
yard. Storage areas shall be completely enclosed within a solid fence
which shall be locked when the facility is closed.
Bed-and-breakfast facilities shall be permitted as a conditional
use in those zones specified, provided that the use and/or structures
shall adhere to the following standards:
A.
Minimum lot size for any bed-and-breakfast shall be 15,000 square
feet.
B.
No more than one freestanding sign shall be permitted. Signs shall
not exceed 20 square feet in area or eight feet in height.
C.
One off-street parking space shall be provided for each guest room,
plus one for each two employees.
Car wash facilities may be permitted as a conditional use in
those zones specified, provided that the use and or structures shall
adhere to the following standards:
A.
Minimum lot size for any car wash shall be three acres.
B.
The minimum building front setback shall be 75 feet. Located within
the front setback area shall be a landscape plant area occupying at
least 30% of the total front yard.
C.
No building, parking facility or access aisle shall be permitted
within 75 feet of a residential zoned property.
Cemeteries may be permitted as a conditional use in those zones
specified, provided that the use and/or structures shall adhere to
the minimum standards of the particular zone and the following:
A.
BUFFER ZONE
COLUMBARIUM
CREMATORY
HOURS OF OPERATION
MAUSOLEUM, PRIVATE
MAUSOLEUM, PUBLIC
MONUMENT
As used in this section, the following terms shall have the meanings
indicated:
A continuous strip of land required for the purpose of providing
physical, audible and visible separation through the use of trees
and/or natural foliage.
A freestanding vault with niches for urns containing ashes
of the dead.
A furnace or place for the cremation of corpses.
Those hours during which normal cemetery activity, including
digging and filling of graves, burial services, visitation, maintenance
and repair of grounds and deliveries, are conducted on the cemetery
premises.
A building or structure having a maximum of 12 crypts for
the interment of the dead which is constructed by or for a private
lot owner for the interment of persons designated by the private lot
owner.
A building or structure having crypts for the interment of
the dead which are available for sale to the general public.
A tablet, a statue, or other marker of stone, metal or another
durable substance set up over or adjacent to a grave to commemorate
the person interred therein.
B.
Permitted activities, structures and buildings.
(1)
Interment of the dead and related activities associated therewith.
(2)
A house of worship.
(3)
An office strictly related to the activities of the cemetery
or a residence to be used exclusively for an employee involved in
caretaking, security or other activities of the cemetery.
(4)
Erection of tombstones and monuments.
(5)
Accessory maintenance buildings related to the operation of
the cemetery not to exceed a height of 20 feet.
(6)
Mausoleums as herein defined.
(7)
Open space and other recreational use which does not involve
the construction or erection of a permanent structure other than backstops,
goals, or targets or other removable devices used in sporting and
other recreational events.
(8)
Columbaria as herein defined.
(9)
Crematories as herein defined.
C.
Building and construction regulations.
(1)
The height of any mausoleum shall not exceed 20 feet.
(2)
The height of every other building, monument or other structure
shall be constructed in accordance with the existing requirements
of federal, state and local statutes, rules, and regulations and ordinances.
(3)
All excavations shall be made in accordance with the regulations
issued and promulgated by the occupational safety and health review
commission and all other applicable federal, state and local statutes,
rules and regulations and ordinances.
D.
Setback requirements.
(1)
All exterior walls of any public mausoleum or any columbarium
permitted shall be set back at least 100 feet from the nearest property
line of the cemetery or from the nearest street line, whichever is
applicable, it being the intent of this provision that there shall
be a minimum area of 100 feet between any such exterior wall and any
such property line or street line. All exterior walls of any private
mausoleum shall be set back at least 50 feet from the nearest property
line of the cemetery or from the nearest street line.
(2)
All exterior walls of any crematory permitted shall be set back
at least 200 feet from the nearest property line of the cemetery or
from the nearest street line, whichever is applicable.
(3)
The setback of every other building or structure shall be in
accordance with the setback requirements for the zone, but in no case
shall the setback be less than 50 feet along those portions of the
site perimeter which abuts areas zoned residential or conforming residential
uses.
(4)
The measurement of setbacks as herein set forth shall be determined
by a perpendicular line from the nearest point of any building on
the cemetery land that is the subject matter of an application for
a building permit of the nearest property line or street line. All
mausoleums must be constructed in accordance with the requirements
of all applicable federal, state and local statutes, rules, regulations
and ordinances.
E.
Hours of operation. The hours of operation for any cemetery shall
be between the hours of 5:00 a.m. and 9:00 p.m. daily.
F.
Buffer zone. Every cemetery shall be required to provide a buffer
area at least 50 feet wide along those portions of its perimeter which
abut areas zoned residential or conforming residential uses. In-ground
burials shall be permitted within the buffer area, but in no case
shall they be closer than 15 feet to any property line in order to
provide adequate room for landscape screening. The Board may require
a wider buffer for in-ground burials if it is deemed necessary for
circulation and access.
Community residences for the developmentally disabled or shelters
for victims of domestic violence housing more than six, but less than
16 persons, excluding resident staff, may be permitted as a conditional
use in those zones specified, provided that the use and/or structure
shall adhere to the following:
A.
A narrative statement setting forth the full particulars on the building
and/or use as submitted.
B.
Minimum lot area. Equivalent of minimum lot size for a single-family
dwelling in the particular zone.
C.
No community residence for the developmentally disabled or shelter
for victims of domestic violence shall be located upon a lot containing
any other use, nor shall any structure or facility on the site be
utilized to provide services for any person not residing on the site.
D.
No community residence for the developmentally disabled or shelter
for victims of domestic violence shall be in excess of 2 1/2
stories or 35 feet in height, exclusive of basement areas. Basement
areas shall not be utilized for living, sleeping, or recreation areas.
E.
Each community residence for the developmentally disabled or shelter
for victims of domestic violence shall submit proof of licensing by
the Department of Human Services of the State of New Jersey.
F.
No community residence for the developmentally disabled or shelter
for victims of domestic violence shall be located within 1,500 feet
of any other community residence for the developmentally disabled
or any shelter for victims of domestic violence.
G.
Each community residence for the developmentally disabled or shelter for victims of domestic violence shall provide one off-street parking space for each employee, including resident staff members, plus one off-street parking space for each four developmentally disabled persons or victims of domestic violence residing on the site, or fraction thereof. The required off-street parking shall be subject to the provisions of § 540-627 of this chapter and shall be screened from adjacent residentially zoned properties in accordance with the provisions of § 540-606B of this chapter.
H.
No building utilized for a community residence for the developmentally
disabled or shelter for victims of domestic violence shall be constructed
or altered so as to be inharmonious with the residential character
of adjacent structures and residential zones.
[Amended 6-18-2012 by Ord. No. 2012-3064]
Fast-food service establishments may be permitted as a conditional
use in those zones specified, provided that the use and/or structures
shall adhere to the following:
A.
Freestanding fast-food service establishments.
(1)
There shall be a minimum distance of 1,500 feet between any
two such establishments on the same side of the street, said distance
to be measured between the nearest property lines of the properties
upon which the fast-food service establishment uses are or are to
be located.
(2)
The minimum lot size shall be 1.5 acres for fast-food service
establishments in the Business (B-2) Zone, and the minimum lot size
shall be three acres for fast-food service establishments in the Business
(B-3) Zone.
(3)
The minimum building front setback shall be 75 feet. Located
within the front setback area shall be a thirty-foot-wide landscaped
buffer strip adjacent to the front property line, which shall occupy
at least 30% of the total front yard area.
(4)
There shall be at least one major means of ingress and egress,
divided by a median strip, with appropriate deceleration and exit
lanes along the road on which the building fronts. If said establishment
is located within a developed larger lot, said major means of ingress
and egress shall be of sufficient design capacity to serve the entire
lot.
(5)
Impervious surfaces shall not occupy an area greater than 85%
of the total lot.
(6)
The minimum off-street parking requirements shall be one space
per two seats plus one space per two full-time employees on the maximum
work shift. Parking spaces for drive-in restaurant service shall be
permitted but shall not be considered to satisfy off-street parking
requirements.
(7)
Direct access from the roadway right-of-way line to the nearest
turn or parking space on the lot on which said establishment is located
shall be an unobstructed distance of not less than 60 feet.
(8)
A minimum fifty-foot-wide buffer to any residential use or residential zone boundary is required on the perimeter of a tract containing a fast food service establishment. The buffer area shall comply with the standards set forth at §§ 540-606B, 540-606C(1) and 540-606C(7) for the purpose of conditional use requirements.
B.
Attached fast-food service establishments. Where a fast-food service establishment is proposed as part of an existing or proposed building containing two or more commercial or business establishments, such as a shopping center with shared common parking, access and egress, the provisions of Subsection A above shall not apply.
C.
Regulations and standards applicable to all fast-food service establishments:
(1)
All fast-food service establishments shall be located on major
collector or arterial streets.
(2)
Signs shall be limited to one freestanding sign and one sign affixed to the building bearing the name of the establishment and a logo, and two lines of copy with twelve-inch letters maximum and five words maximum. The total area of the freestanding sign shall not exceed 80 square feet per side. No more than 20 square feet of said freestanding sign may be an electronic message center sign. Standards contained at § 540-826 shall apply as specified.
[Amended 9-16-2013 by Ord. No. 2013-3095]
(3)
All service, storage, solid waste and recyclable material areas
shall be completely screened from public view, and may not be located
within a required buffer area. Such areas shall be regularly maintained
in neat and orderly fashion.
(4)
Drive-through lanes shall provide sufficient stacking for seven
vehicles plus one vehicle at the pickup window. Stacking lanes shall
not block or obstruct access into or out of parking spaces or pedestrian
accessways into or out of the restaurant.
Golf courses may be permitted as a conditional use in the zones
specified, provided that the use and/or structures shall adhere to
the following:
A.
The proposed establishment is to be a private, nonprofit club-type
facility for a membership of restricted size, and proper assurance
is given that this status of the establishment will be perpetual.
B.
The size of the membership is to be limited to an amount commensurate
with the scale of the facilities to be provided as approved by the
Municipal Agency.
C.
Appropriate accessory facilities may be provided, including dining
facilities, swimming pools, tennis courts, and other such areas for
active recreation, provided that the Municipal Agency finds that such
facilities are located in such a manner on the tract as will not adversely
affect adjacent residential properties. In no case shall any of the
above facilities be located within 200 feet of the property or street
line.
D.
Off-street parking facilities shall be provided on the property sufficient
at all times to meet the parking requirements of the membership of
the club and their guests. Such parking facilities shall not be located
within 500 feet of a property line or within 200 feet of a street
line, and where deemed, screened from adjacent property by appropriate
landscape materials.
E.
Permitted signs. One freestanding sign, not exceeding 25 square feet
in area, located not less than 25 feet from any property line, and
not greater than 10 feet in height.
Driving ranges shall be permitted in the zone(s) specified as
a conditional use, provided that the use and/or structure shall adhere
to the following:
A.
Minimum lot size shall be 10 acres.
B.
Golf driving ranges shall only be permitted where access is to be
provided from a primary or secondary arterial roadway.
C.
No portion of the driving range area, including the area within the
netting, the tee area or parking area shall be within 100 feet of
any residential property.
D.
Lighting shall be provided in such a manner that there will be no
light spillage onto adjacent properties.
E.
A seventy-five-foot landscaped buffer shall be provided in the side
and rear yards of any golf driving range.
Hospitals may be permitted as a conditional use in those zones
specified, provided that the use and/or structures shall adhere to
the following:
A.
The lot on which the use is proposed shall be not less than five
acres in area.
B.
No structure shall be located less than 75 feet from any contiguous
street line, nor less than 30 feet from any property line.
C.
That portion of a lot covered by impervious surface shall not exceed
the maximum coverage limit for the zone district in which the hospital
shall be located.
D.
The front, rear, and side yards shall be increased one foot for each
foot which such building exceeds 35 feet; however, in no case shall
any building exceed a height greater than 50 feet.
E.
Permitted signs. One freestanding sign no larger than 20 square feet
in area and not exceeding 12 feet in height. In addition, facade signage
can occupy an area no greater than 5% of the front facade of the building.
Massage parlors shall be permitted as a conditional use in the
B-3 Zone and shall adhere to the following standards:
A.
All employees of a massage parlor engaged in performing massages
shall be licensed massage therapists. Licenses of all such employees
shall be kept on file with the Township Clerk. New employees shall
file their license with the Township Clerk within seven days of their
hiring.
B.
Massage parlors shall not be located within any shopping center,
but shall instead be a freestanding facility.
[Amended 1-22-2002 by Ord. No. 2002-2667]
Mixed waterfront development uses, as described herein, may
be permitted as a conditional use in those zones specified, provided
that the use adheres to the following conditions:
A.
The proposed development is an integrated development designed and
landscaped in an architecturally unified fashion using such common
facilities as vehicular and pedestrian access, parking, and utilities
and sanitary facilities and containing a mix of uses limited to the
following types:
(2)
Residential-type uses.
(a)
Multiple dwellings, including townhouses and other attached single
dwellings which share in the use and maintenance of limited common
elements and which may be on lots to be held in fee simple ownership.
(3)
Water-oriented-type uses.
(a)
Marinas as defined herein, provided that any boat and marine
equipment repairs, maintenance and/or service shall take place while
the craft is in the water. No commercial party boats shall be permitted.
Overnight use or occupancy of a boat or watercraft moored in a marina
shall be temporary only and in no case shall exceed seven consecutive
nights or 60 days.
(b)
Yacht clubs, including related accessory uses such as clubhouses,
swimming pools, tennis courts, and racquetball facilities.
(c)
Restaurants, except that no fast-food service establishment
shall be permitted in a single-use freestanding building. Outdoor
dining is permitted.
(4)
Accessory uses when accessory to a permitted use.
(a)
Off-street parking subject to the provisions of § 540-627. Vertical parking garages shall be permitted, provided they are architecturally compatible with other structures in the development and they do not exceed two levels or 500 parking spaces per level. Vertical parking garages shall be subject to the standards and regulations applicable to principal buildings set forth in § 540-814C. No roof covering the top level of any vertical parking garage shall be required. All parking, including vertical parking garages, shall be screened from public streets. No overnight parking of buses shall be permitted. No overnight parking of commercial vehicles other than those integral to on-site businesses shall be permitted.
(b)
Signs subject to the provisions of § 540-635 and the following:
[1]
All signage throughout the development shall be designed and
installed in an architecturally unified fashion using such common
construction and design elements as color, materials, graphics, style,
and mounting or support technique. Box-style internally illuminated
signs shall be prohibited. Signs in which letters are individually
illuminated shall be permitted.
[2]
Residential-type uses. Those signs permitted in residential zones pursuant to the provisions of § 540-635H.
[3]
All other uses.
[a]
For the mixed-use development, one freestanding
entry sign, which shall state the name of the development and no other
advertising message, to be located at each entrance to the mixed-use
development, not to exceed 50 square feet in area and 10 feet in height
and to be no closer than 10 feet to a street line. A second freestanding
sign may be located at each entrance to the development to identify
building locations and/or nonresidential tenants, provided the sign
does not exceed 25 square feet in area or eight feet in height and
is no closer than 50 feet to the front property line.
[b]
For each detached principal building, one freestanding
sign identifying the tenant or tenants of that building, to be located
within 15 feet of the building and not to exceed 10 square feet in
area or four feet in height.
[c]
For each use in the mixed development, one facade
sign on each facade containing a public entrance to that use, not
to exceed 10% of the facade area devoted to such use.
(d)
Clubhouses, private club swimming pools and private swimming pools for the exclusive common use of residents of the development or members and guests of any yacht club. Pools shall be subject to the provisions of § 540-646.
(e)
Kiosks and similar temporary structures which have no permanent
footing or foundation for retail sales, including the sale of prepared
foods, provided no such structures shall exceed 10 square feet in
area or be located closer to a public street than any nonresidential
building within the development or closer to any property line than
permitted for an accessory structure. In no case shall there be more
than one such structure per 10,000 square feet of nonresidential floor
area within the project.
(f)
Other customary accessory uses and buildings, provided same
are incidental to the principal use.
B.
To ensure that the objective of a mix of uses is achieved, of the use types listed in Subsection A above, the proposed development shall include at least two of the commercial-type uses occupying a total of at least 10% of the buildable tract area, at least one of the residential-type uses occupying at least 10% of the buildable tract area, and at least one of the water-oriented-type uses occupying an area equivalent to at least 10% of the buildable tract area. Public recreation areas, including beaches and public plaza areas, may be considered as water-oriented for the purposes of this section, and a maximum of 50% of the minimum area requirement for water-oriented uses may be satisfied by the water area devoted to piers and berths. Under no circumstances shall a single use type occupy more than 70% of the buildable tract area. Notwithstanding the foregoing, an applicant can choose to proceed to develop the premises in phases. The application need not include plans for all phases. By way of example, an application may include just the proposal for the residential component of the premises. However, the overall and ultimate development of the premises shall be in accordance with the mix of uses as set forth herein.
C.
Standards and regulations. The mixed waterfront development shall
adhere to the minimum and maximum standards of the zone, except as
specified below:
(1)
Minimum regulations.
(a)
Tract area.
[1]
Gross tract area exclusive of riparian land and which consists
of multiple noncontiguous parcels broken by public streets but within
the boundaries of the underlying zone district: 25 acres.
[2]
Net tract area inclusive of the one-hundred-year floodplain
and exclusive of tidelands, tidal wetlands, nontidal wetlands, lakes
and ponds, stream corridors and floodways, and steep slopes in excess
of 25% and which may consist of multiple noncontiguous parcels broken
by public streets but within the boundaries of the underlying zone
district: no minimum.
[3]
"Buildable tract area," defined as a continuous parcel otherwise
meeting the definition of "net tract area" above: 25 acres. No development
shall occur on land outside the buildable tract area.
(b)
Frontage of buildable tract area: 500 feet.
(c)
Buffer area. Where the buildable tract area abuts a residential
district or use, a buffer area equal to the height of the building
within the mixed waterfront development nearest to that residential
district or use, but in no case less than 25 feet, shall be provided.
The area within any required buffer shall be considered part of the
tract area, but in no case shall be part of the private yard area
assigned to an individual unit. Tennis courts and open fences of a
height of 12 feet or less may be placed within the buffer.
[Amended 1-22-2002 by Ord. No. 2002-2667]
(e)
Rear setback.
[1]
Principal building: 50 feet from the property line, except where
the rear property line is contiguous with a bay, river, or navigable
stream and is bulkheaded, in which case the setback shall be 20 feet
as measured from the bulkhead line.
[2]
Accessory building: 25 feet from the property line, except where
the rear property line is contiguous with a bay, river, or navigable
stream and is bulkheaded, in which case the setback shall be 15 feet
as measured from the bulkhead line.
(f)
Side setback.
[1]
Principal building: 25 feet from the property line, except where
the side property line is contiguous with a bay, river, or navigable
stream and is bulkheaded, in which case the setback shall be 15 feet
as measured from the bulkhead line.
[Amended 1-22-2002 by Ord. No. 2002-2667]
[2]
Accessory building: 25 feet from the property line, except where
the side property line is contiguous with a bay, river, or navigable
stream and is bulkheaded, in which case the setback shall be 15 feet
as measured from the bulkhead line.
(g)
Setback from internal streets.
[Amended 1-22-2002 by Ord. No. 2002-2667]
[1]
Principal commercial buildings where no parking is proposed
between the building and the curbline: 12 feet from the curbline.
[2]
All other principal buildings: 12 feet from the curbline where
no parking is proposed; 10 feet from the curbline of any parking stall.
[3]
In no case shall the setback from the face of a garage to the
back edge of the sidewalk or, in the absence of sidewalk, the curbline,
be less than 20 feet.
[4]
Accessory building: 10 feet from the curbline, except gate houses,
which may be located immediately adjacent to an internal street.
(h)
Distance between buildings.
[Amended 1-22-2002 by Ord. No. 2002-2667]
[1]
DISTANCE BETWEEN BUILDINGS
FRONT FACE
Definitions. As used in this section, the following terms shall
have the meanings indicated:
The measurement of distance between buildings shall be taken
from the external face to the external face.
Longest building axis facing an internal street.
[2]
Between nonresidential buildings: 20 feet.
[3]
The following distances between residential buildings shall
be observed. Buildings shall be considered facing if the walls form
an angle of less than 45°.
[4]
Unroofed projections of no more than six feet may be permitted
in any setback area.
(i)
Separation of uses. No building intended for residential occupancy
shall be located less than 500 feet from the nearest property line
of an existing industrial use.
(k)
Parking.
[1]
Nonresidential uses. Off-street parking shall be provided in accordance with the minimum requirements set forth in § 540-627. Parking for nonresidential uses shall not be reserved for or assigned to particular uses or users. Nonresidential uses which are not within a radius of 500 feet from the designated parking facilities shall be required to provide either a short-term parking/dropoff area adequate to accommodate 0.5% of the parking required for the facility and which is within 500 feet of the facility or valet, tram, or similar shuttle service between the facilities during the hours of operation of the nonresidential use. For uses on a pier, including boat slips, this distance shall be measured from the nearest point of the parking area or service to the nearest boat slip.
[2]
Residential dwellings. The number of required parking spaces
shall be provided in accordance with the standards set forth in the
Residential Site Improvement Standards.
[Amended 1-22-2002 by Ord. No. 2002-2667]
(l)
Recreation areas. An area equal to 400 square feet per residential
dwelling unit shall be required. All required areas shall include
improvements and amenities for the use and benefit of and to meet
the needs of the residents or occupants of the residential dwelling
units. Unimproved natural areas shall not qualify as required recreational
area except for unbulkheaded beach areas, the area of which shall
be measured between the tract line and the average of the mean high
and low water marks. At least 50% of the required recreation area
shall be non-beach area, and at least 50% of the non-beach recreation
area shall be improved for indoor or outdoor active recreational uses
such as courts, playfields, swimming pools, and similar facilities.
No outdoor active recreation facilities shall be located within 25
feet of any building or tract boundary.
(2)
Maximum regulations.
(a)
Residential dwelling unit density. There shall be no more than
6.5 dwelling units per acre of total net tract area as defined in
this section. The residential dwelling units may be clustered on the
site at a density not to exceed 11.25 dwelling units per acre.
(b)
Floor area ratio for all uses other than residential dwelling
units. The floor area ratio based on total net tract area as defined
in this section shall not exceed 0.10. The floor area may be clustered
on the site at a floor area ratio not to exceed 0.30.
(c)
Building height. No building shall exceed either 3 1/2
stories, exclusive of basements which are used exclusively for housing
mechanical, storage, parking, or 49 feet in height.
[Amended 1-22-2002 by Ord. No. 2002-2667]
(d)
Residential building length. No residential building shall exceed
260 feet in length on any side nor an alternate building length on
a side greater than 200 feet. A change in building setback or break
in the building facade of at least four feet is required in horizontal
intervals of not less than 120 feet.
(e)
Coverage.
[Amended 1-22-2002 by Ord. No. 2002-2667]
D.
Miscellaneous provisions.
(1)
General. Unless provided to the contrary within the provisions
of this conditional use, all development within a mixed waterfront
development use shall be subject to the applicable ordinances, regulations,
standards, and procedures of the Township of Middletown. Where the
provisions are contrary, the provisions of this section shall prevail.
(2)
Public access. Continuous linear public access at least 12 feet
in width parallel to the water's edge and landward of the high water
mark and on the water side of any buildings shall be included in all
mixed waterfront use developments. The linear water's edge access
shall be connected to a public street by continuous perpendicular
access at least 12 feet in width and shall be designed to afford the
potential of extending to and across adjacent parcels. Public access
shall be clearly marked and public parking in parking areas other
than those restricted to residential units shall not be prohibited.
(3)
Year-round marina facilities. Any marina shall include facilities
to permit year-round in-water dockage.
(4)
Uses and structures on piers. Uses on piers shall be limited to marina uses. There shall be no more than five structures on piers. The total floor area of all structures on piers shall not exceed five square feet per boat slip, and no single structure shall exceed 2,500 square feet in area. Structures on piers shall not exceed one story or 16 feet in height as measured from pier level. Structures on piers shall not be subject to the setback requirements in § 540-814C; setbacks shall be adequate to accommodate routine and emergency circulation.
(5)
Division of tract.
(a)
Division of the tract into multiple fee simple lots shall be
permitted only under the following circumstances:
[1]
Land may be subdivided and conveyed to a public jurisdiction
or agency, subject to the approval of the Township for dedication
as permanent public open space.
[2]
Land may be subdivided to separate the residential and nonresidential
components of a tract into two distinct lots, to be governed by two
distinct property owners' associations or similar organizations.
[3]
Under no circumstances shall any lot created be less than eight
acres.
[Amended 1-22-2002 by Ord. No. 2002-2667]
(b)
Any subdivision shall include sufficient easements and/or restrictive
covenants and financial guarantees to ensure that the development
continues in perpetuity as a physically integrated development consistent
with the intent of the chapter and the terms of any site plan approval.
Commercial developments within the zones specified shall be
permitted a floor area ratio bonus as a conditional use subject to
the following standards:
A.
As a means of promoting a desirable visual environment, conserving
open space, and preserving natural features, floor area ratio limits
should be employed as a creative development technique. Therefore,
increases in floor area ratio should be used to induce good civic
design and site arrangements. Specifically, additional floor area
may be permitted, subject to a conditional use permit for designs
that do one or more of the following:
(1)
Locate off-street parking within a structure or underground,
thereby reducing impervious coverage, allowing for more than open
area, preserving natural features, reducing site disturbance, and
improving the public view of the development site.
(2)
Create or provide access, through dedications, easements or
other improvements, which assure the usability of public open space
within, adjacent to, or in the vicinity of a development site.
(3)
Locate surface parking outside of the required front yard area,
thereby increasing visible open space.
(4)
Develop one principal building occupied by a single user in
lieu of subdividing or constructing, where permitted, multiple multitenant
buildings.
(5)
Develop a site below the maximum lot coverage, provided that
the undeveloped space which results is preserved and would not otherwise
have been created as a result of design standards and also provide
that the design conforms to the zone district's minimums.
[Amended 7-1-1997 by Ord.
No. 96-2447; 9-18-2000 by Ord. No. 2000-2589; 6-16-2003 by Ord. No. 2003-2723; 12-6-2004 by Ord. No. 2004-2793]
Performance residential development may be permitted as a conditional
use in the zones specified, provided that the use and/or structures
shall adhere to the following:
A.
Objectives. In order to allow maximum utilization of land while insuring
against detrimental impacts upon the environment, neighboring properties
and the public interest; to encourage and promote planned residential
development which will result in the conservation of energy and municipal
services as well as the preservation of open space, the eco-sensitive
lands; to provide the necessary flexibility to ensure the development
of land consistent with its natural topographic features, unique physical
characteristics which mandate special attention and treatment, and
to facilitate cost-effective land development which in turn will permit
construction of a wider variety of types of dwelling units.
B.
Minimum requirements. Performance residential development shall be
a permitted conditional use in the zones specified, provided that
the applicant complies with all of the following requirements and
regulations:
(1)
No performance residential development shall be permitted at
tracts that contain less than a minimum of 35 acres.
[Amended 3-15-2010 by Ord. No. 2010-3002; 7-17-2017 by Ord. No. 2017-3199]
(2)
An applicant must satisfactorily demonstrate to the Municipal
Agency that the proposed site and project meets the following criteria
and will result in a superior alternative to conventional development:
[Amended 3-15-2010 by Ord. No. 2010-3002]
(a)
That the proposed site involves at least one of the following
features:
[1]
The configuration, shape, topography, or contours of the site
does not readily lend itself to conventional residential subdivision
or land planning;
[2]
The site contains or is adjacent to a body of water, waterway
or identified scenic roadway; includes wooded areas, unique vegetation,
farmland usage or other natural, topographic or man-made features
which require special consideration and preservation in conjunction
with the development of the site;
[Amended 3-15-2010 by Ord. No. 2010-3002]
[3]
The site is uniquely situated by reason of adjacent or bordering
uses or facilities so as to encourage its residential development
in an economically feasible manner with due consideration of and protection
or buffering from and for such adjacent uses or facilities; or
[4]
The site possesses or involves unique features which would encourage
residential development thereof pursuant to these PRD regulations
in accordance with the Master Plan of the Township of Middletown as
may be specifically determined by the Municipal Agency.
(b)
That the proposed project, if developed pursuant to these performance
residential development regulations, will achieve at least two of
the following intended purposes:
[1]
The preservation, protection, maintenance, or enhancement of any of the considerations specified in Subsection B(2)(a)[1], [2] or [3].
[2]
The development of a portion of the site while retaining a significant
portion of the site in its existing natural state.
[3]
The construction of residential dwellings and improvements which
will result, when compared to alternative conventional subdivision
or land plans, in a substantial decrease in public improvements and
accompanying municipal services and energy usage.
[4]
The creation of a planned residential community with recreational
amenities or other development features which will provide a creative
alternative type of housing consistent with the intended purposes
of this section and as determined by the Municipal Agency.
C.
Standards and regulations.
(1)
Land uses. These regulations shall only be applicable to proposed developments of single-family dwellings and two-family dwellings as defined in § 540-203 herein. Patio homes, atrium homes, zero-lot-line homes, village homes, and duplex units, as defined in § 540-203, shall be permitted uses. In addition, recreation and other common facilities for the use and benefit of the residents of the performance residential development are permitted, including but not limited to the following:
(a)
Tennis courts, handball courts, playfields, golf courses, and
other similar recreation areas.
(b)
Swimming pools.
(c)
Pool buildings.
(d)
Community buildings.
(e)
Play areas, picnic areas, parks.
(f)
Facilities and improvements associated with the use and enjoyment
of the natural amenities of the site.
(g)
Farming and other agricultural uses shall also be permitted
as long as such areas are deed-restricted as permanent open space/farmland.
(2)
Density.
(a)
Minimum number of dwelling units. The number of dwelling units
permitted in a performance residential development shall not be fewer
than the number of dwelling units that would be allowed under conventional
development of the tract meeting the full requirements of the zone
district in which the proposed development is located.
(b)
Maximum number of dwelling units. The maximum number of dwelling
units permitted in a performance residential development shall not
exceed the number of dwelling units that would be allowed under conventional
development of the tract meeting the full requirements of the zone
district in which the performance development is located.
In order to determine the maximum number of lots for a performance residential development, a conforming plan showing the lot yield through conventional subdivision, based on minimum lot areas of the zone district in which the performance development is located, shall be provided. The lot yield plan shall be in sufficient detail to permit the Planning Board to make an informed decision as to the subdivision satisfying all ordinance requirements and in a form that would be acceptable to the Planning Board as a conventional subdivision without the need for any lot area or lot dimension variances or any other exceptions pursuant to Article IX of Chapter 540.
[Amended 3-15-2010 by Ord. No. 2010-3002; 7-17-2017 by Ord. No. 2017-3199]
(3)
Lot requirements.
(a)
Lot area and yard requirements for performance residential developments
shall conform to the following:
[Amended 3-15-2010 by Ord. No. 2010-3002; 7-17-2017 by Ord. No. 2017-3199]
|
Zone
|
Minimum Lot Area
(square feet)
|
Minimum Front Setback
(feet)
|
Minimum Rear Setback
(feet)
|
Minimum Distance Between Buildings
(feet)
|
|---|---|---|---|---|
|
R-22
|
10,000
|
25
|
35
|
15
|
|
R-30
|
10,000
|
25
|
35
|
15
|
|
R-45
|
15,000
|
25
|
35
|
20
|
|
R-90
|
20,000
|
25
|
50
|
25
|
|
R-110
|
20,000
|
30
|
55
|
30
|
|
R-130
|
30,000
|
30
|
55
|
30
|
|
R-220
|
40,000
|
30
|
55
|
30
|
(4)
Open space.
(a)
Open space as defined in § 540-203 shall be provided within each performance residential development in accordance with the following schedule.
|
Zone
|
Minimum Percent of Gross Tract Area Designated as Open
Space
| ||
|---|---|---|---|
|
R-22
|
45%
| ||
|
R-30
|
45%
| ||
|
R-45
|
60%
| ||
|
R-90
|
60%
| ||
|
R-110
|
60%
| ||
|
R-130
|
60%
| ||
|
R-220
|
60%
|
(c)
At least 50% of the area preserved as open space should contain
uplands. For the purposes of this subsection, uplands shall mean land
unencumbered by wetlands, wetlands transition areas, or areas with
slopes greater than 25%.
[Added 7-17-2017 by Ord.
No. 2017-3199]
(d)
The open space resulting from the PRD development shall be restricted
to those recreational and open spaces to serve the community. The
open space shall be reserved in perpetuity either by dedication for
public use or for use by the residents of the development by private
covenant or deed restriction for one of the following purposes: undeveloped
open space; public or private recreational facilities; conservation
of environmentally sensitive features, including, but not limited
to, wetlands, aquifer recharge areas, floodplains and wooded areas.
[Added 7-17-2017 by Ord.
No. 2017-3199]
(5)
Dwelling requirements.
(a)
Minimum floor area requirements for dwellings located within
performance residential developments shall be as specified in the
following schedule:
|
Zone
|
Minimum Gross Total Floor Area
(square feet)
|
Maximum Gross First Floor Area
(square feet)
| |
|---|---|---|---|
|
R-22
|
1,400
|
1,200
| |
|
R-30
|
1,500
|
1,500
| |
|
R-45
|
1,600
|
1,600
| |
|
R-90
|
1,700
|
1,800
| |
|
R-110
|
1,800
|
2,000
| |
|
R-130
|
1,900
|
2,000
| |
|
R-220
|
2,000
|
2,200
|
(b)
No dwelling unit shall exceed 35 feet in height or 2 1/2
stories.
(c)
Maximum floor area ratio for dwellings in the R-90, R-110, R-130,
and R-220 Zones shall be established by the appropriate board at the
time of approval.
(6)
Parking requirements. Off-street parking shall be provided in
accordance with the residential site improvement standards.
[Amended 3-15-2010 by Ord. No. 2010-3002]
(7)
Performance residential developments shall conform to all standards
and regulations contained within this chapter not in conflict with
those specified within this section.
(8)
The maximum total lot coverage for all lots within a performance
residential development shall be 40%.
(9)
Planning Board approval. Nothing in this section shall be construed
as requiring the Planning Board to accept the performance residential
form of development in lieu of conventional subdivision if the Board
finds that such development would not be in the best interests of
the community.
[Added 7-17-2017 by Ord.
No. 2017-3199]
Places of worship, as defined in Article II of this chapter, may be permitted as a conditional use in those zones specified, provided that the use and/or structures shall adhere to the following:
A.
The minimum lot area shall be three acres.
B.
No principal building shall be located closer than 50 feet to any
side or rear property line.
C.
No accessory building shall be located closer than 30 feet to any
side or rear residential property line.
D.
Maximum lot coverage: 35%.
E.
The height of structures to be constructed may exceed the maximum
height requirements 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.
Educational uses, private and/or parochial elementary or secondary
schools, duly licensed by the State of New Jersey, attendance at which
is sufficient compliance with the compulsory education requirements
of the state, may be permitted as a conditional use in those zones
specified, provided that the use and/or structures shall adhere to
the following:
A.
Convents, social halls, athletic fields and buildings and similar
uses which are accessory to the educational use shall be permitted.
B.
Educational uses shall adhere to the following:
(1)
Elementary schools shall have a minimum lot area of five acres,
plus one acre for each 25 students in excess of 300 students, based
upon the maximum functional capacity of the school.
(2)
Secondary schools shall have a minimum lot area of five acres,
plus one acre for each 25 students or fraction thereof based upon
the maximum functional capacity of the school.
C.
Educational uses shall be screened from adjacent residential zones or existing residences adjacent to the site in accordance with the provisions of § 540-606B of this chapter and/or shall provide fencing along such property lines as may be deemed adequate by the Planning Board.
D.
Permitted signs. One freestanding sign not larger than 35 square feet in area and not exceeding eight feet in height. In addition, facade signage occupying an area no greater than 5% of the front facade. Schools which border more than one street may have one freestanding sign facing each street. Only one freestanding EMC sign is permitted in accordance with § 540-635U.
E.
Lot coverage shall not exceed 30%.
Public utility uses such as water towers, pumping stations,
electrical substations, aboveground transmission lines, switching
stations, commercial transmission towers, and commercial antenna installations
intended to facilitate radio, television, cable television, cellular
phone or microwave communications or any similar form of signal transmission
may be permitted as a conditional use in those zones specified, provided
that the use or structures shall adhere to the following standards:
A.
A narrative statement must be submitted by the applicant setting
forth the reasons that the proposed installation must be provided
above ground and in the particular location proposed. The statement
must show that the installation in the location proposed is necessary
for the efficiency and effectiveness of the public utility system
and for the provision of service to the general public or the neighborhood
impacted by the installation.
B.
Applicants seeking to install any aboveground communication towers
shall provide testimony and evidence addressing whether there are
existing towers within the vicinity which could be utilized by the
applicant as an alternative to constructing a new tower. In addition,
the applicant shall provide evidence and testimony as to the availability
of placing the tower atop any structure of at least two stories or
20 feet in height within the vicinity.
C.
Applications seeking to install any aboveground utility structure
or tower shall provide testimony and evidence from a qualified real
estate professional as to the impacts upon residential and nonresidential
real estate values in the vicinity of the proposed project.
D.
No antenna tower shall be located within 2,000 feet of any existing
antenna tower, in order to avoid excessive negative visual impacts
due to a concentration of towers in a given neighborhood.
E.
No antenna tower, water tower or aboveground high-voltage transmission
line or tower shall be located within 200 feet of any residential
zone boundary.
F.
The proposed utility installation shall be designed and located in
such a manner as to minimize visual impacts as follows:
(1)
Minimizes visual impacts as viewed from residential dwellings
on contiguous properties through the provisions of landscape buffers,
setback requirements and architectural creativity.
(2)
Minimizes the length of time that a public utility installation
is visible from a public roadway or highway.
(3)
Minimizes the visual impact of public utility installations
as viewed from scenic corridors as specified in the municipal Master
Plan and State Development and Redevelopment Plan.
G.
Public utility installations shall not be located in such a manner
so as to have a disproportionately negative impact on residential
properties as compared to other uses permitted in the zoning district
in question.
H.
The design of any building in connection with such facility conforms
to the general character of the area and will not adversely affect
the safe and comfortable enjoyment of property rights of the zone
in which it is located.
I.
Adequate and attractive fences and other safety devices will be provided.
J.
Sufficient landscaping including shrubs, trees and lawn shall be
provided, and shall be regularly maintained.
K.
A conditional use permit shall not be required for above- or below-ground
equipment boxes which do not exceed 100 square feet.
L.
A conditional use permit shall not be required for any antenna installation
and construction of an unmanned equipment shelter less than 400 square
feet in size located on an existing antenna tower or attached to an
existing structure of not less than two stories, or 20 feet in height.
[Amended 10-19-1998 by Ord. No. 98-2529]
M.
A conditional use permit shall not be required for underground electric,
gas, water, sewer or cable television lines.
School bus operations, as defined herein, may be allowed as
a conditional use in the M-1 Light Industrial Zone, provided that
the uses adhere to the following conditions:
A.
For purposes of this conditional use, "school bus operation" shall
be defined as including:
(1)
Parking and storage of school buses, minivans, taxicabs, and
limousines used in connection with school bus, taxi or limousine service,
together with administrative and business offices used in connection
with such school bus, taxi or limousine service.
(2)
Structures used for the storage and maintenance and repair of
school buses, vans, minivans, taxicabs or limousines used in connection
with school bus, taxi or limousine service.
(3)
Any underground or aboveground fuel storage tanks used solely
to provide fuel to vehicles used in connection with the school bus,
taxi or limousine service.
B.
The design of any building in connection with such a facility shall
conform to the character of the neighborhood and shall not adversely
affect the safe and comfortable enjoyment of the property in the area.
C.
Adequate and attractive fences and other safety devices must be provided.
D.
Sufficient landscaping, including shrubs, trees and lawns, must be
provided and must be continuously maintained.
E.
The school bus operation shall adhere to the standards of the Light
M-1 Industrial Zone, except as specified below:
(1)
Minimum standards.
(a)
Lot area: 4.5 acres.
(c)
Rear setback: 50 feet.
(d)
Side setback: 100 feet.
(e)
Parking.
[1]
Each delineated bus storage space shall require one off-street
parking space. Provided bus storage spaces shall be counted in the
total of off-street parking spaces up to a maximum of 20 spaces.
[2]
Each bus storage space shall be at least 10 feet by 45 feet
and tandem parking shall be permitted.
[3]
No delineated parking space closer than 10 feet from any lot
line.
[4]
One-way drive aisles shall be 25 feet; two-way drive aisles
shall be 30 feet.
(f)
The principal building shall be at least 5,000 square feet,
and shall contain an enclosed repair facility and office.
(2)
Maximum standards.
(a)
Lot coverage: 70%.
(b)
Building height: 50 feet.
(c)
Number of principal buildings: one.
(d)
Number of accessory buildings:
[1]
No more than four fuel pumping stations (for purposes of this
conditional use, a "fuel pumping station" shall mean a concrete island
with up to three dispensing pumps).
[2]
No more than two accessory structures, not including fuel-pumping
stations. These structures shall be no more than 10% of the square
footage of the principal structure.
(e)
Floor area ratio (FAR). Floor area ratio shall not exceed 0.25.
F.
Prohibited uses.
(1)
Outdoor storage of materials, parts, products in drums, tires,
trailers, or any other material. There may be storage in any accessory
building; provided, however, none of these accessory structures may
be movable or may have ever been movable.
(2)
Pickup or discharging of passengers on site or within 500 feet
from the property.
(3)
Commuter or daily excursion bus line operation.
(4)
Retail gasoline service.
(5)
Outdoor repair of vehicles, with the exception of minimal daily
maintenance activities and washing.
(6)
Outdoor storage of any disabled or damaged vehicle which is
not driven in the school bus operation within the previous 45 days.
The purpose of this prohibition is to prevent the long-term retention
on site of permanently disabled vehicles being used for parts and
is not intended to affect normal seasonal inactivity of vehicles.
Amusement arcades may be permitted as a conditional use in the
B-3 Zone, provided that the use shall adhere to the following standards:
A.
Amusement arcade establishments shall not be permitted within 500
feet of any residentially zoned property, place of worship, day-care
center or school. This distance shall be measured from the closest
exterior wall of the amusement arcade to the nearest property line
with one of the uses specified above.
B.
Amusement arcades shall not be permitted within any shopping center,
but shall instead be a freestanding building on an individual lot.
C.
No amusement arcade shall be located within 1,000 feet of another
such facility. This distance shall be measured from property line
to the nearest property line.
[Amended 7-2-2001 by Ord.
No. 2001-2644]
A.
Permitted uses.
(1)
Age-restricted 55 and over single-family detached and semidetached
dwellings, including patio homes and zero-lot-line houses.
(2)
Golf courses, not to exceed nine holes.
(3)
Clubhouses and community buildings associated with the residential
or golf course use.
(4)
Standard and customary accessory uses associated with residential
dwellings and golf courses.
B.
Minimum standards.
(1)
Tract area: 80 acres.
(2)
Newly created residential building lots shall not be less than
5,000 square feet.
(3)
Lot frontage: 300 feet.
(4)
Building setbacks.
(5)
Open space. Fifty percent of the gross tract area. All open
space shall be either set aside as permanent common open space to
be owned in undivided interest by the unit owners or dedicated to
the Township of Middletown for public use, subject to the approval
of the Township Committee.
(6)
Distance between buildings.
(a)
No dwelling unit shall be closer than 15 feet to any other dwelling
unit.
(b)
No nonresidential building shall be located closer than 50 feet
to any dwelling unit.
(c)
Buffers. A fifty-foot landscaped buffer shall be provided along
all adjoining property lines, and along all streets, except for necessary
access driveways.
D.
Other regulations. A golf course shall not be required within this
district for any age-restricted residential development of less than
100 units.
[Amended 12-15-2003 by Ord. No. 2003-2744; 12-6-2004 by Ord. No. 2004-2797; 8-21-2006 by Ord. No. 2006-2885]
Principal and accessory buildings and structures located in
the Residence and Office (R-O) Zone that are devoted to exclusively
nonresidential development at the time of the adoption of this section
may be expanded, or new office buildings can be proposed without incorporating
a dwelling unit, provided the following conditions are satisfied:
A.
The property shall comprise frontage along State Highway 35 or County
Route 520.
B.
The building shall present and maintain a residential facade.
C.
No more than one ingress/egress driveway shall be provided via a
local roadway.
D.
Permitted building coverage may be increased by 20% and lot coverage
by 5% where two or more adjoining lots establish shared parking and/or
access arrangements. Each lot participating in the arrangement shall
be permitted the increased building coverage.
E.
The required rear yard building setback shall be 40 feet.
F.
A minimum twenty-foot wide landscaped buffer shall be required where
a property adjoins a single-family residential zone. A ten-foot buffer
shall be permitted where a solid, minimum six-foot fence is provided.
G.
At least one principal operating building entrance shall face a public
right-of-way.
H.
Compliance with § 540-918C(3).
I.
No building-mounted signs shall be permitted.
J.
Internally illuminated signs are prohibited.
[Amended 2-16-2010 by Ord. No. 2010-2999]
Mini storage shall be permitted as a conditional use in the
Planned Development Zone, provided that the use and/or structures
shall adhere to the following:
A.
Such facilities shall be situated at a minimum 300 feet setback from
the Highway 35 and/or Kings Highway East right-of-way, and at a minimum
65 feet setback from the Kanes Lane right-of-way.
B.
Such facilities shall not be permitted within 100 feet of any single-family
residential zone boundary.
C.
No building shall exceed 2 1/2 stories and/or 35 feet in height.
D.
Building facades visible from the road shall incorporate design features
such as offsets, projections, window reveals, or similar elements
to preclude large expanses of uninterrupted building surfaces. Along
the face of a building, such features shall occur at a minimum of
every 50 feet.
[Amended 4-18-2011 by Ord. No. 2011-3029]
A.
The purpose of this section is to limit the location, form and placement
of billboards to only specified areas of the Township and to ensure
that construction, form and placement is compatible with the need
for a desirable visual environment, good civic design and arrangement,
the well-being of residential areas, the safety of motorists, and
to prevent the location of facilities which may result in blight along
transportation routes within the Township.
B.
Billboards shall be permitted as a conditional use in the Planned
Development (PD) and Residential Townhouse (RTH-9) Zone districts,
provided that the billboard and its location and installation shall
adhere to the standards of the zone district and to the following
conditions:
(1)
The billboard shall be located only on a lot having frontage
on State Highway 35 or State Highway 36.
(2)
The billboard shall only be constructed as a ground sign.
(3)
No billboard shall be located on a lot that is developed with
any use, building, business, or structure that is not permitted by
the zone district.
(4)
No billboard shall be affixed to any building or mounted on
any roof.
(5)
All parts of a billboard, including any support post or sign
face, shall be set back not less than 10 feet from the right-of-way
line of State Highway 35 or State Highway 36 feet and 50 feet from
any other lot line.
(6)
Not more than one billboard shall be permitted on the lot.
(7)
Billboards shall not be permitted on any lot where any other
ground sign with an area of 50 square feet or greater has been constructed
or approved.
(8)
No portion of any billboard shall be located within 200 feet
of any residential use.
(9)
The distance allowed from any billboard to any other billboard,
or to any ground sign with an area of 50 square feet or more, shall
not be less than 750 feet as measured along the nearest edge of State
Highway 35 or State Highway 36 between points directly opposite the
edge of the billboard nearest the right-of-way of State Highway 35
or State Highway 36. The point of measurement for back-to-back signs
shall be the midpoint between the nearest edge of the back-to-back
sign faces.
(10)
No light-emitting diode (LED) billboards, digital billboards,
video billboards, alternating face billboards, or animated, rotating,
or moving billboards shall be permitted.
(11)
The sign face of the billboard shall not exceed 240 square feet.
(12)
No billboard shall exceed a height of 25 feet.
(13)
Any lighting illuminating the billboard shall be directed onto
the advertising surface of the billboard and shall be adequately shielded
to prevent visual impairment of motorists. Billboards shall not be
internally illuminated.
(14)
The billboard shall be in compliance with the Roadway Sign Control
and Outdoor Advertising Act (N.J.S.A. 27:5-5 et seq.) and Regulations
(N.J.A.C. 16:41C-1.1 et seq.), as well as any other applicable statutes,
laws and regulations related to billboards.
(15)
A billboard sign shall not be erected unless approved by the
New Jersey Department of Transportation, and a license shall be secured
for an off-premises billboard sign at the specific location being
sought for approval as a conditional use.
(16)
The angle between billboard sign faces shall not exceed 45°.
(17)
Any billboard that was a lawful preexisting nonconforming use
as of January 1, 2011, and that occupies a location on a lot that
fronts on State Highway 35 or State Highway 36, shall be deemed to
be a permitted location for the placement of a billboard under these
conditional use provisions. The billboard may be replaced at the location
so occupied, irrespective of the conditional use requirements regulating
the spacing and setback requirements for billboard placement. All
other conditional use requirements apply.
(18)
Any billboard that was a lawful preexisting nonconforming use
as of January 1, 2011, and that is not adjacent to State Highway 35
or State Highway 36 and is damaged by elements to such an extent that
its supporting members are broken, shall be deemed to have been destroyed
and shall not be reconstructed.
[Added 9-16-2013 by Ord.
No. 2013-3095; amended 3-16-2015 by Ord. No. 2015-3131; 10-16-2017 by Ord. No. 2017-3209]
Upon the effective date of this ordinance,[1] electronic message center (EMC) signs shall not be a permitted use in any zone, except public, private, parochial schools, and existing places of worship with a congregation area that can accommodate a minimum of 100 congregants and places of worship proposed in accordance with § 540-817. EMC signs at public, private, parochial schools, and places of worship shall not require a conditional use permit and shall be provided in accordance with § 540-635U of the chapter. Existing EMC signs that were previously approved in accordance with § 540-826 shall be required to conform to the standards that were applicable prior to the adoption of this chapter.
[1]
Editor's Note: "This ordinance" is a reference to Ord. No.
2015-3131, adopted 3-16-2015.
[Added 7-7-2014 by Ord.
No. 2014-3109]
Privately owned athletic fields shall be permitted as a conditional use in the zones specified in the Schedule of Permitted Uses (§ 540-902B), provided that the use and/or structures thereon shall adhere to the following:
A.
Minimum gross lot area shall be 10 acres.
B.
All building setbacks shall comply with the setback requirements
for the applicable zone district.
C.
Lot coverage shall not exceed the maximum permitted in the applicable
zone district. All synthetic turf fields shall be considered impervious
surface and be calculated as lot coverage.
D.
One freestanding sign shall be permitted not exceeding 10 square
feet in area on either side and not exceeding eight feet in height.
E.
No parking area may be situated within a required front, rear, side
or street-side setback area.
F.
Private athletic fields shall not be illuminated. Accessory parking
areas may be illuminated.
