Before a construction permit or certificate of occupancy shall
be issued for any conditional use as permitted by this chapter, a
conditional use application shall be made to the Planning Board. The
review by the Planning Board of a conditional use shall include any
required site plan and/or subdivision review as may be necessary pursuant
to this chapter. Public notice and a hearing shall be required as
stipulated in this chapter. In accordance with N.J.S.A. 40:55D-67a
of the Municipal Land Use Law, the Planning Board shall grant or deny
the application for a conditional use within 95 days of submission
of a complete application to the Administrative Officer or within
such further time as may be consented to by the applicant. Where a
conditional use application involves a site plan or subdivision, notice
of the hearing shall include reference to all matters being heard,
and the Board shall review and approve or deny the subdivision or
site plan simultaneously with the conditional use application. Failure
of the Board to act within the required time period shall constitute
approval of the application.
Conditional uses include the following requirements:
A. Houses of worship, schools, firehouses, clubs and lodges located
in the R-10 District:
(1)
Houses of worship, public and private schools, firehouses, clubs
and lodges located in the R-10 District shall be subject to the bulk
requirements listed in the R-10 subsection for principal uses which
shall be considered conditional use criteria. Such uses shall subject
to site plan review and approval from the Planning Board.
B. Recreational facilities in the MSR District:
(1)
Recreational facilities, video arcades, entertainment facilities
including bowling alleys, staking rinks, indoor theatres, taverns,
nightclubs shall subject to site plan review and approval from the
Planning Board.
C. Houses of worship in the MSR District:
(1)
Houses of worship shall be located on lots of three acres or
more, and shall be subject to site plan review and approval from the
Planning Board.
D. Mixed-use buildings (nonconforming) in the MSR District:
(1)
Mixed-use buildings not providing the required arrangement of
residential flats, apartments, condominiums or lofts on upper floors
only, or buildings not providing the minimum requirement of 75% of
all residential units in any single building to be one-bedroom units,
studio apartments or one-bedroom plus den units, or wherein greater
than 25% of the number of units shall be proposed to be two-bedroom
units. Any building proposing three or more bedrooms in any unit shall
not be considered part of this category of uses. When proposed, such
uses shall be subject to all parking, loading, lighting, landscaping
and design criteria listed in the MSR Zone and elsewhere in this chapter,
which shall be conditional use criteria. All such buildings shall
also be subject to the additional, special recycling and buffer requirements
of the Apartment Residential and/or Townhouse Residential Zone, and
said regulations shall not be considered conditional use criteria,
but rather standard design controls subject to bulk/design relief
from the Planning Board. Site plan review and approval shall be required.
E. Gasoline stations, gasoline service stations, automotive repair garages
and body shops: Automotive body shops, repair garages, engine, transmission,
auto glass, or similar specialty automotive repair shops, when proposed
in any zone, shall be in accordance with the following conditional
use standards:
(1)
The minimum lot size shall be 20,000 square feet and the minimum
lot width, depth and frontage shall be 100 feet each.
(2)
The minimum front yard setback shall be 30 feet for any structure
except permitted signs, the minimum side yard setback shall be 20
feet for any structure, and the minimum rear yard setback shall be
25 feet for any structure. Gasoline filling pumps or air pumps shall
be permitted within the required front yard, but shall be no closer
than 15 feet from any street line.
(3)
No use shall be located within 500 feet of any residential zone
boundary nor within 1,000 feet of any property upon which a fire house,
school, playground, church, hospital, public building or institution
is located. Moreover, any use which had been abandoned and which is
proposed for reuse as a service station shall meet the location requirements
specified herein.
(4)
The maximum building coverage shall be 30% and the maximum lot
coverage shall be 65%. Landscaping shall be provided in the front
yard area and shall be distributed throughout the entire front yard
area.
(5)
All activity and facilities other than gasoline filling pumps,
air pumps and trash enclosures shall be within a building except as
specifically approved by the Planning Board as part of a site plan
application. All lubrication, repair, painting or similar activities
shall be performed in a fully enclosed building, and no motor vehicle
parts or partially dismantled vehicles shall be displayed or stored
outside of an enclosed building.
(6)
No damaged, wrecked or dismantled vehicle, junk or trailers
shall be allowed to remain in the open on the premises, but must be
kept completely within a building or behind a fence screening at least
six feet in height so as not to be visible from the street fronting
the premises or from any adjoining property. In any case, no damaged,
wrecked or dismantled vehicle, junk or trailer shall be kept on the
premises for a period exceeding seven days and, further, no more than
five vehicles awaiting repair and/or service shall be stored overnight
on the premises.
(7)
The exterior display, storage and parking of motor vehicles,
trailers, boats or other similar equipment for sale or rent shall
not be permitted.
(8)
There shall be no outside display or storage of merchandise,
supplies, product, equipment or similar material or objects unless
specifically approved by the Board as part of a site plan application,
unless such accessory goods or supplies for sale are contained within
a permanent rack, case, cabinet or enclosure of metal or other fireproof
material and located on the pump islands or within the principal building.
(9)
No automotive use shall accumulate or store any used parts or
tires, whether for sale, storage or waste, on any portion of the premises,
unless enclosed within the principal building. Drainage from vehicles
shall be kept in closed metal containers, and an oil interceptor shall
be provided, subject to the approval of applicable Borough officials.
Where flammable liquids are kept, used or handled, provision for,
and the use of, dry sand, chemical extinguishing devices or materials
shall be as directed by the Fire Department. A reasonable quantity
of containerized and labeled and identified noncombustible adsorbents,
such as sand, shall be kept conveniently available for use in case
of leakage or overflow.
(10)
All fuel shall be kept in tanks of an approved design and the
tanks shall be buried in accordance with the NJDEP and Board Engineer.
No fuel tank shall be permitted under any shed or building. All gasoline
tanks are to be buried shall not be located within 10 feet from any
building or property line.
(11)
Automotive uses shall provide off-street parking in accordance
with the parking section of this chapter.
(12)
No parking shall be permitted on an unpaved area nor within
15 feet of any property line.
(13)
Parking, storage and display spaces shall be separated from
the driveway and general apron areas which give access to the facility,
and no designated parking space shall obstruct access to such facilities.
(14)
Food marts, where the sale of food items requires additional
floor area above and beyond that which is customarily necessary for
a service station, shall be considered convenience stores and are
not permitted as part of a service station.
(15)
Service stations may be permitted one freestanding sign and
one sign attached flat against the building. The freestanding sign
shall not exceed an area of 50 square feet and a height of 10 feet,
and shall be set back at least 10 feet from all street rights-of-way
and lot lines. The attached sign shall not exceed 30 square feet in
area. Additional signage shall be permitted as may be specifically
approved by the Board.
(16)
Any part of the site subject to access by motor vehicles shall
be hard-surfaced, with concrete or bituminous concrete or asphalt,
and shall be graded and drained to adequately dispose of all surface
water accumulated. Provision shall be made to prevent gasoline spills
or spills from other hazardous substances from flowing into the interior
of station buildings or upon the highway or into streams by grading
driveways, raising door sills and/or other equally effective methods.
(17)
In addition to the general site plan requirements, scaled maps
accompanying the application for any service station shall clearly
delineate the following:
(a)
The actual floor space and/or ground area to be devoted to,
or used for, the storage of motor vehicles;
(b)
The location of any church, hospital, theater, library, public
playground, athletic field, public or parochial school, firehouse,
municipal building, existing service station, public building and/or
any other building in which the public gathers within 1,000 feet of
the proposed service station;
(c)
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 ground, the number and location of pumps to be installed, and
the type and location of all principal and accessory structures to
be constructed.
(18)
All of the other area, yard and general requirements of the
respective zone and other applicable requirements of this chapter
shall be met.
(19)
All canopies covering fuel pumps shall be set back from all
property lines a minimum of 20 feet. Canopies shall be permitted two
facade signs, mounted on the canopy facade, no greater than 20 square
feet each.
(20)
Gasoline stations shall provide information on security cameras
and cash/credit card acceptance and should solicit the comments of
the Borough Police and Fire Departments relative to public safety
and fire safety issues.
(21)
Gasoline stations shall be designed to be "generator-ready"
so as to provide on-site emergency power generation or accept power
from generator vehicles in the event of a long-term power outage.
F. Public utility buildings, structures, stations and substations:
(1)
For purposes of this chapter, the term "public utility" shall
include such uses such as telephone, television, internet equipment
centers, power substations, equipment switching yards and other utilities
serving the public, such as sewage treatment plants, but shall exclude
dumps, sanitary landfills and telecommunications towers.
(2)
Public utility lines shall be exempt. Public utility lines for
the transportation, distribution or control of water, electricity,
gas, oil, cable television and telephone or internet communications
are permitted throughout the Borough of Spotswood and need not necessarily
be located on a lot. This exemption shall apply strictly to transmission
lines, and not apply to any type of utility stations, buildings, structures,
substations, equipment compounds, wireless towers or control buildings.
(3)
Public utility transformer and junction boxes. Public utility
transformer and junction boxes are permitted throughout the Borough
of Spotswood and need not necessarily be located on a lot, provided
that they are adequately screened with landscaping, fencing or a combination
of the two and do not exceed three feet in height. This exemption
shall not apply to any such structure that exceeds three feet in height
or is unscreened.
(4)
The proposed installation of a public utility use, station or
equipment not exempted above shall require site plan approval and
shall be a conditional use in all zones with the following conditional
use criteria:
(a)
Utilities may only permitted be in a location necessary for
the convenient and efficient operation of the subject public utility
and for the satisfactory provision of service by the utility to the
area in which the particular use is located. The application for conditional
use and site plan approval shall include a statement setting forth
the need and purpose of the installation.
(b)
The design of any building in connection with the public utility
installation must not adversely affect the safe and comfortable enjoyment
of the properties in the surrounding area.
(c)
Adequate fences, screening devices and other safety devices
must be provided as may be required to completely screen the facility.
In addition to all fencing or screening walls, a twenty-foot-deep
heavily landscaped buffer shall be provided between the utility use
and all property lines, except were site access is proposed.
(d)
The maximum building coverage shall be 35% and the maximum lot
coverage shall be 50%. Landscaping, including shrubs, trees and lawns,
shall be provided and maintained.
(e)
Off-street parking shall be provided as determined by the Planning
Board during site plan review. When parking is proposed, the standards
of the parking section of this chapter shall apply.
(f)
The landscaping section requirements of this chapter shall apply.
(g)
The use shall provide documentation to verify that they will
comply with the performance standards of this chapter.
(h)
All buildings, structures and equipment shall be considered
principal uses/structures and shall be subject to the building height
restrictions of the respective zone in which the use is proposed.
Any height violation by a building or equipment structure, pole, tower,
antenna, etc., shall require bulk or use variance relief from the
Planning Board.
G. Community residences and community shelters for more than 15 persons
in any residential zone:
(1)
Any community residence for the developmentally disabled or
community shelter for victims of domestic violence that house more
than 15 persons, excluding resident staff, shall require conditional
use and site plan approval for the use of, or the conversion of for
the use of, a dwelling for such shelter or residence.
(2)
In no case shall more than 15 persons, excluding resident staff,
occupy any community residence or community shelter. The minimum gross
habitable floor area shall be 300 square feet for each person housed
at the residence or shelter.
(3)
The minimum area and yard requirements applicable to the particular
zoning district each shall be increased by 15% for each person housed
in the community residence or community shelter over and above six
persons, except that, at a minimum, a lot area of 40,000 square feet
and a setback of 50 feet to any street or property line shall be provided.
(4)
No community residence or community shelter occupied by more
than six persons shall be located within 1,500 feet of an existing
community residence or community shelter.
(5)
A conditional use shall not be granted if the total number of
persons, other than resident staff, residing in aggregate in such
community residences or community shelters within the Borough of Spotswood
exceeds 50 persons or 0.5% of the population of the Borough, whichever
is greater.
(6)
The residential character of the lot and buildings shall not
be changed, and there shall be no exterior evidence of the community
residence or community shelter. No signs shall be permitted except
information and direction signs as permitted for single-family detached
dwellings.
(7)
Buffering and screening, as deemed necessary by the Board, shall
be required between any community residence or community shelter and
any adjoining residential use.
(8)
The following design requirements shall be incorporated within
the submitted plan:
(a)
Each community residence or community shelter shall be connected
to public water and public sewer facilities;
(b)
Community residences or community shelters must have immediate
access to public transportation services or, in the alternative, the
occupants shall be provided with a van or equivalent transportation
service; and
(c)
Community residences or community shelters shall resemble single-family
detached dwellings in appearance.
(9)
All community residences or community shelters shall provide
one off-street, on-site parking space for each two residents thereof,
plus one space for each staff member and employee based upon the maximum
number of employees on duty at any one time. The Planning Board shall
give due consideration to provisions for visitation and the number
of resident staff in order to ensure that there are ample on-site
parking facilities. Sufficient off-street area is to be provided for
the pickup and discharge of occupants by vans or other vehicles servicing
the residents. No off-street parking or loading area shall be located
within 20 feet of any street or property line, and all such areas
shall be suitably screened.
(10)
A community residence shall be located within reasonable walking
distance to recreational facilities and shopping facilities.
(11)
Notwithstanding compliance with the specific conditional use
standards herein set forth, no conditional use will be permitted if
the use at the proposed location would be detrimental to the health,
safety and general welfare of the community and the residents of the
facility itself.
(12)
The Zoning Officer is empowered to issue use permits for the
operation of the residences established by this section of this chapter,
which use permits shall be issued for a period not to exceed one year.
(a)
At the expiration of the term of the permit, the Zoning Officer,
pursuant to a written request from the operator of the residence,
shall conduct an inspection of the premises in order to determine
that the operation of the residence has continued to comply with the
terms of this chapter.
(b)
If the operation of the residence is found to be in compliance
with the terms of this chapter, the Zoning Officer shall renew the
use permit for a one-year time period.
(c)
If any violations of the terms of this chapter are found by
the Zoning Officer, the Zoning Officer shall notify the operator of
the residence that the use permit shall not be renewed unless and
until said violations are corrected. The Zoning Officer shall establish
uniform periods of time to allow for the corrections of any violations.
(d)
In any case, no use permit issued by the Zoning Officer shall
be of any force and/or effect beyond a period of one year.
(13)
During the term of a valid use permit as described herein, the
Zoning Officer shall maintain a continuing power to inspect the premises
to confirm compliance with the terms of this chapter, and shall recommend
to the Borough Council that use permit be revoked whenever and wherever
such action may be found to be in the interest of the health, safety
and general welfare of the Borough.
(14)
No use permitted shall be permitted to continue, or be renewed,
if the Zoning Officer has determined that the ratio of residents to
staff exceeds reasonable standards for the care of the residents,
with specific consideration given to the type and nature of the care
required; the expertise of the staff; the degree of care required;
the safety of the residents; and the neighborhood in which the residence
is located.
(15)
All of the other area, yard, building coverage, height and general
requirements of the respective zone and other applicable requirements
of this chapter must be met.