Township of Barnegat, NJ
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2022-12-06
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Part II: General Legislation
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Chapter 55 Land Use
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Article VIII CONDITIONAL USES
- Part I: Administrative Legislation
- Ch 1 General Provisions
- Ch 1A Administrator
- Ch 1B Americans With Disabilities Act
- Ch 2 Attorney, Municipal
- Ch 2A Auxiliary Police
- Ch 3 Engineer, Municipal
- Ch 4 Assessors, Board of
- Ch 5 Cable Television: Programming Policies and Procedures for Government Access Channel
- Ch 6 Chief Financial Officer
- Ch 7 Claims and Payments
- Ch 8 Defined Contribution Retirement Program
- Ch 9 Court, Municipal
- Ch 9A Deputy Township Clerk
- Ch 9B Economic Development Committee
- Ch 9BB Emergency Management Services
- Ch 9C Environmental Commission
- Ch 10 Ethics, Code of
- Ch 10A Handicapped Grievance Procedure
- Ch 11 Health, Board of
- Ch 11A Holiday Celebrations Committee
- Ch 11B Historian, Local
- Ch 11C Historic Preservation Commission
- Ch 11D Length of Service Awards Program (LOSAP)
- Ch 12 Local Assistance Board
- Ch 12A Parks and Recreation Department
- Ch 12B Meadowedge Park
- Ch 12C Officers and Employees
- Ch 13 Personnel Policy
- Ch 14 (Reserved)
- Ch 15 Police Department
- Ch 15A Principal Assessing Clerk
- Ch 16 (Reserved)
- Ch 17 Manager of Municipal Operations
- Ch 18 Public Works Department
- Ch 19 Recreation Commission
- Ch 20 Recreation Disability Advisory Board
- Ch 21 (Reserved)
- Ch 22 Salaries
- Ch 22A Senior Advisory Council
- Ch 23 Shade Tree Commission
- Ch 24 Tax Assessor, Assistant
- Ch 24A Transportation Assistance Program Committee
- Ch 24B Tort Claims Act Notice
- Ch 24C (Reserved)
- Ch 24D (Reserved)
- Ch 24E Wildfire Safety Council
- Ch 25 Veterans Commission
- Ch 25A Zoning and Code Enforcement Officer, Deputy
- Part II: General Legislation
- Ch 25B Adopt-A-Highway Program
- Ch 26 Alarm Systems
- Ch 27 (Reserved)
- Ch 28 Alcoholic Beverages
- Ch 29 Alcoholic Beverages Consumption by Underage Persons on Private Property Prohibited
- Ch 30 (Reserved)
- Ch 31 (Reserved)
- Ch 32 (Reserved)
- Ch 33 Bathing Beach
- Ch 34 (Reserved)
- Ch 35 (Reserved)
- Ch 36 Brush, Weeds, Obnoxious Growth
- Ch 36A Properties in Foreclosure
- Ch 37 (Reserved)
- Ch 38 Buildings, Unfit
- Ch 38A Cats
- Ch 38B Letters of Non-Interest for Resale of Units
- Ch 38C Charitable Solicitation on Roadways
- Ch 39 Construction Codes, Uniform
- Ch 40 Criminal History Background Checks
- Ch 41 Curfew
- Ch 41A Truancy
- Ch 42 Drug-Free School Zones
- Ch 42A Drunk Driving Free School Zones
- Ch 43 Dock, Municipal
- Ch 44 Dogs
- Ch 44A Fees, Miscellaneous
- Ch 44B Fertilizer Application
- Ch 45 Fences
- Ch 45A Firearms
- Ch 46 Fire Prevention
- Ch 46A Fire Lanes
- Ch 46B Flood Damage Prevention
- Ch 47 Fraudulent Checks
- Ch 48 Garbage, Rubbish, Refuse Matter
- Ch 48A Recycling
- Ch 49 Garage Sales
- Ch 50 Charitable Clothing Bins
- Ch 51 (Reserved)
- Ch 52 Canvassers, Solicitors and Mobile Vendors
- Ch 53 Insurance
- Ch 54 Junk and Junk Dealers
- Ch 55 Land Use
- Ch 55 Art VIII CONDITIONAL USES
- § 55-200 GUIDING PRINCIPLES.
- § 55-200.1 Specifically Authorized.
- § 55-200.2 Design Standard.
- § 55-200.3 Minimum Standards Established.
- § 55-201 BURDEN OF PROOF; TIME LIMIT.
- § 55-202 PUBLIC HEARING; NOTICE.
- § 55-203 through § 55-204. (RESERVED)
- Ch 55A Numbering of Buildings
- Ch 55B (Reserved)
- Ch 55C Anti-Litter Ordinance
- Ch 55D Loitering
- Ch 55E Invasive Plants
- Ch 55F Manufactured Home Communities for "Housing for Older Persons" Service Fee
- Ch 56 Mobile Home Parks
- Ch 57 Motor Vehicle Junk Dealers
- Ch 58 (Reserved)
- Ch 59 Nuisances
- Ch 60 Peace and Good Order
- Ch 60A Excessive Consumption of Municipal Services
- Ch 61 Sale of Puppies and Kittens
- Ch 62 Pollution
- Ch 62A Property Damage by Minors
- Ch 63 Property Maintenance
- Ch 63A (Reserved)
- Ch 63B Rental Properties
- Ch 64 Rent Leveling
- Ch 64A Smoking
- Ch 64B Secondhand Dealers
- Ch 65 Snow and Ice Removal
- Ch 65A Soil Removal, Excavation and Mining
- Ch 66 Streets and Sidewalks
- Ch 67 Taxes and Assessments
- Ch 68 Taxicabs
- Ch 68A Tobacco Products, Sale of
- Ch 68B Towing Businesses
- Ch 69 Trailers and Camp Cars
- Ch 70 Random Drug Testing Policy for First Aid and Firefighting Volunteers
- Ch 70A Pet Waste, Proper Disposal
- Ch 70B Litter Control
- Ch 70C Improper Disposal of Waste
- Ch 70D Wildlife Feeding, Prohibited
- Ch 70E Containerized Yard Waste
- Ch 70F Yard Waste Collection Program
- Ch 70G Illicit Connection
- Ch 70H Private Storm Drain Inlet Retrofitting
- Ch 71 Vehicles and Traffic
- Ch 71A Vehicles, Parking Restrictions in Residential Areas
- Ch 72 Vehicles, Unlicensed and Licensed
- Ch 73 Vending Machines
- Ch 73A Water Conservation
- Ch 74 Water/Sewer Utility
- Part III: Board Of Health Legislation
- Ch 75 Food Establishments, Mobile
- Ch 76 Food Handling Establishments
- Ch 77 Laundries, Self-Service
- Ch 78 (Reserved)
- Ch 79 Salaries and Compensation
- Ch 79A Sewage Disposal Systems, Individual
- Ch 80 Swine
- Ch 81 Swimming Pools
- Ch 82 Water Supplies
- Appendix
- Ch A85 Sewerage Authority Agreement
- Ch A86 Cable Television and Communications System
- Disposition List
- Ch DL Disposition List
- Ch LUDL Land Use Disposition List
[Added 2-16-88 by Ord. No. 1988-5]
Recognizing that certain uses, activities and structures are necessary to serve the needs and conveniences of the Township of Barnegat and at the same time recognizing that such uses may be or become inimical to the public health, safety and general welfare if located and operated without proper consideration being given to existing conditions and character of the surrounding area, such uses are hereby designated as conditional uses. In addition to other powers conferred by this section and applicable statutes, the Reviewing Board shall have original jurisdiction pursuant to the procedural requirements established in Article IV of this chapter to grant a permit for a conditional use under the terms and conditions established by this section, and under the following stipulations and guiding principles.
[Added 2-16-88 by Ord. No. 1988-5]
The use for which application is being made is specifically authorized as a conditional use in Article II of this chapter for the zone in which located.
[Added 2-16-88 by Ord. No. 1988-5]
The design, arrangement and nature of the particular use is
such that the public health, safety and welfare will be protected
and reasonable consideration is afforded to the:
A.
Character of the neighborhood and zone.
B.
Conservation of property values.
C.
Health and safety of residents or workers on adjacent properties
and in the surrounding neighborhood.
D.
Potential congestion of vehicular traffic or creation of undue hazard.
E.
Principles and objectives of this section and planned development
of the Township of Barnegat.
[Amended 2-16-88 by Ord. No. 1988-5]
In addition, such conditional uses shall adhere to the minimum standards specified for the particular use in this section and to such additional conditions and safeguards as in the opinion of the Reviewing Board will implement the intent and objectives of this section and ordinance. In addition, in reviewing any application for a conditional use, the Reviewing Board shall apply the applicable standards set forth in Article VII of this chapter.
[Amended 2-16-88 by Ord. No. 1988-5]
In all requests for approval of conditional uses, the burden
of proof shall be on the applicant. All conditional uses shall require
site plan review and approval by the Board. In the granting of conditional
uses, a time limit of one (1) year from the date of the approval shall
be set, within which time the owner shall secure a building permit;
otherwise, the variance granted shall be null and void.
[Amended 2-16-88 by Ord. No. 1988-5]
All applications shall require a public hearing with notice to property owners within two hundred (200) feet pursuant to Article XII of this chapter.
