Conditional uses shall be permitted upon authorization by the
Planning Board; provided, that such uses are found to comply with
the following requirements and other applicable requirements as set
forth in this chapter:
A. The use is so designed, located and proposed to be operated that
the public health, safety, welfare and convenience of the citizens
will be protected.
B. Adequate landscaping and screening is provided.
C. Off-street parking as required by this chapter and off-street loading
is provided, and ingress and egress is so designed as to cause minimum
interference with traffic on abutting streets.
D. The use conforms to all applicable regulations governing the district
in which it is located.
Automobile sales establishments may be permitted upon authorization
by the Planning Board in accordance with the following standards and
site plan review when required:
A. Automobile sale businesses shall be operated from an enclosed building.
B. No parking or storage of vehicles shall be permitted in the required
front yard area.
C. Outdoor storage of vehicles for sale or otherwise shall not exceed
more than twice the gross floor area of the principal building.
Automobile service stations may be permitted as a principal
conditional use upon authorization by the Planning Board in accordance
with the following standards and site plan review, when required:
A. All storage areas, trash facilities, pits, lifts, and working areas
shall be within a building. All lubrication, repair or similar activities
shall be performed in an enclosed building, and no dismantled parts
shall be placed or stored outside.
B. All gasoline pumps, air pumps and the islands upon which pumps are
normally located shall be set back from the street lot line at least
25 feet.
C. A canopy shall be permitted. A canopy shall be no larger than is
necessary to provide shelter for the vehicles and attendants associated
with the pump area. The canopy may extend to the building. All lighting
associated with the canopy shall be directed downward. There shall
be a minimum clearance of 14 feet six inches under the canopy, and
the total height of the canopy shall not exceed 18 feet. No more than
two signs shall be permitted on the canopy. Signs may be internally
illuminated and shall not exceed 10% of the surface area of the side
of the canopy on which each sign is located.
D. No junked or inoperable motor vehicle or part thereof and no unregistered
motor vehicle shall be permitted outside an enclosed service station
building. Vehicles awaiting repair may be parked overnight outside
an enclosed service station building, but the number of such vehicles
shall not exceed two per enclosed service bay.
E. No other uses shall be permitted upon the lot unless such uses are
accessory to the principal use as an automobile service station. This
restriction shall not preclude incidental retail sales by means of
vending machines on a limited basis. However, other uses, including,
but not limited to, fast-service restaurants, convenience stores or
retail stores, even if otherwise permitted in the zoning district,
shall not be permitted.
Home occupations are permitted in all residential zone districts
if the following conditions are met:
A. The home occupation is clearly the subordinate use to the principal
residential use.
B. There shall be no employees other than those who reside on the premises.
C. There shall be no visible change in the exterior appearance of the
dwelling.
D. The storage of commercial vehicles on site shall conform to standards found in §
150-12.5.
E. There shall be no truck deliveries of merchandise other than normal
delivery services such as UPS and Federal Express.
F. No signs are permitted in conjunction with said home occupation.
G. There shall be no outdoor storage in conjunction with the home occupation.
H. Any home occupation that involves the tutorial instruction of music,
art and academic subjects shall be limited to two students at one
time.
I. Any home occupation that involves the tutorial instruction of music,
art and academic subjects shall be limited to four hours of tutorial
instruction during a twenty-four-hour period.
J. No more than two clients, customers or other business invitees are
permitted at any one time per calendar day.
K. The home occupation activity uses no equipment or process that creates
noise, vibration, glare, fumes, odors or electrical or electronic
interference, including interference with radio or television reception,
detectable by any neighbor.
L. The home occupation activity does not generate any solid waste or
sewage discharge, in volume or type, which is not normally associated
with residential use in the neighborhood.
M. Any home occupation that requires client visitation must not have
a volume generated in excess of what is customary for residential
use in the neighborhood.
No person shall place, use or employ a donation clothing bin
for solicitation purposes within the Township of Verona unless all
of the following requirements are met:
A. The person shall apply for and obtain a permit from the Construction
Code Official. The application for the permit shall include, along
with the required fee set forth in this chapter:
(1)
The location where the bin would be situated, as precisely as
possible;
(2)
The manner in which the person, entity, or organization anticipates
any clothing or other donations collected via the bin would be used,
sold, or dispersed and the method by which the proceeds collected
would be allocated or spent.
(3)
The name and telephone number of the bona fide office of any
entity which may share or profit from any clothing or other donations
collected via the bin.
(4)
Written consent of the property owner to place the bin on his
property.
B. Safety and maintenance.
(1)
Notwithstanding the provisions of anything contained in this
chapter to the contrary, no donation clothing bin shall be placed,
used or employed in a location that is considered by the Construction
Code Official to cause a safety hazard. Placement that will be considered
to pose a safety hazard includes, but is not limited to, placement
within 100 yards of any place which stores large amounts of, or sells,
fuel or other flammable liquids or gases. Placement of a donation
clothing bin shall also be undertaken in a manner so as to reasonably
consider and account for the personal safety of the persons using
the clothing bins for the placement of clothing and/or unloading of
donation clothing bins.
(2)
Notwithstanding the provisions of anything contained in this chapter to the contrary, no donation clothing bin shall be placed, used or employed pursuant to this chapter unless such donation clothing bin is free of rust, peeling, or other deleterious effects and subject to Chapter
390, Property Maintenance, of the Code of the Township of Verona, and its violation provisions.
(3)
Notwithstanding the provisions of anything contained in this
chapter to the contrary, no donation clothing bin shall be placed,
used or employed pursuant to this chapter unless appropriate maintenance
obligations are met, which include, but are not limited to, keeping
the donation clothing bin and surrounding placement area free of debris
and other materials, and the required emptying of donation clothing
bins of donations and contents on a periodic regular basis.
C. Permit renewal. All persons who have obtained a permit pursuant to Subsection
A above and wish to renew said permit shall submit, along with the required fee set forth in this chapter, an application for renewal prior to the expiration of the permit, which such renewal application shall include the following information:
(1)
The location where the bin is currently situated, as precisely
as possible, and, if the person intends to move it, the new location
where the bin would be situated and a written consent of the property
owner to place the bin on his property;
(2)
The manner in which the person has used, sold, or dispersed
any clothing or other donations collected via the bin, the method
by which the proceeds of collected donations have been allocated or
spent, and any changes the person anticipates it may make in these
processes during the period covered by the renewal; and
(3)
The name and telephone number of the bona fide office of any
entity which shared or profited from any clothing or other donations
collected via the bin, and of any entities which may do so during
the period covered by the renewal.
D. Permit fee and duration.
(1)
The application fee, which must be submitted with the application,
shall be $25.
(2)
The fee for a renewal of the permit, which must be submitted
with the application, shall be $25.
(3)
All permits and renewals obtained shall be in effect for one
year and shall expire on December 31 of the year in which the permit
or renewal was issued.
E. Bona fide office of permittee. The person, and any other entity which
may share or profit from any clothing or other donations collected
via the bin, must maintain a bona fide office where a representative
of the person or other entity, respectively, can be reached at a telephone
information line during normal business hours for the purpose of offering
information concerning the person or other entity. For the purposes
of this chapter, an answering machine or service unrelated to the
person does not constitute a bona fide office.
F. Notices required. The following information shall be clearly and
conspicuously displayed on the exterior of the donation clothing bin:
(1)
The permit number and the date of expiration of that permit;
(2)
The name and address of the registered person who owns the bin,
and any other entity which may share or profit from any clothing or
donations collected from the bin;
(3)
The telephone number of the person's bona fide office and the
telephone number of the bona fide office of any entity which may share
or profit from any clothing or donations collected via the bin;
(4)
In cases where an entity other than the person who owns the
bin may share or profit from any clothing or other donations collected
via the bin, the notice shall also state that clothing or other donations
collected via the bin, their proceeds, or both, may be shared, or
given directly to, an entity other than the person who owns the bin,
which such entity shall be identified; and
(5)
A statement indicating the manner in which the person, entity,
or organization anticipates any clothing or other donations collected
via the bin would be used, sold, or dispersed, and the method by which
the proceeds of collected donations would be allocated or spent.
G. Complaints and investigation.
(1)
The Construction Code Official, upon receipt of any complaint
concerning a donation clothing bin, shall request that the Police
Department perform an investigation within 30 days of the receipt
of the complaint.
(2)
Any person who places a clothing bin in violation of this chapter
or N.J.S.A. 40:48-2.61 shall be given a warning stating that if the
violation is not rectified or a hearing with the Construction Code
Official is not requested within 45 days, then the bin will be seized
and removed at the expense of the person who placed the bin, and any
clothing or other donations collected via the bin shall be sold at
public auction or otherwise disposed of. This notice shall be placed
on the donation clothing bin and forwarded to the last known address
of the person who placed the bin at the location according to the
Township's records.
(3)
If the person who placed the bin does not rectify the violation
or request a hearing within 45 days of the posting of the warning,
then the Township shall remove the bin or have it removed at the expense
of the person who placed the bin and sell at public auction or otherwise
dispose of the clothing or donations. All proceeds from the sale of
the donations collected via the bin shall be paid to the Chief Financial
Office of the Township.
H. Additional fines and penalties. In addition to the remedies set forth in Subsection
G above, any person who violates this chapter or N.J.S.A. 40:48-2.60 et seq. and as amended and or supplemented, which results in the seizure of the donation clothing bin shall be subject to the following:
(1)
A penalty up to $20,000 for each violation. The Township shall
bring this action in Municipal Court or Superior Court in a summary
proceeding under the Penalty Enforcement Law of 1999, P.L. 1999, c.
274 (N.J.S.A. 2A:58-10 et seq.). Penalty monies collected shall be
paid to the Chief Financial Officer of the Township.
(2)
Deemed ineligible to place, use or employ a donation clothing
bin for solicitation purposes. A person who is deemed ineligible may
apply to the Construction Code Official to have that person's eligibility
restored. The Construction Code Official may restore the eligibility
of a person who:
(a)
Acted within the public interest; and
(b)
Demonstrated that he has made a good faith effort to comply
with the provisions of N.J.S.A. 40:48-2.60 et seq. and this chapter
and had no fraudulent intentions.