[Ord. No. 1992-32 § 6.1]
Certain uses are necessary to serve the needs of the Borough's
citizens but such uses may become inimical to the public health, safety,
and welfare unless established according to specifications and standards
controlling their limit and extent. Accordingly, this chapter designates
such uses as conditional uses to be permitted only if the conditions
specified by this Article are complied with as determined by the review
of the Planning Board.
[Ord. No. 1992-32 § 6.2]
The following shall apply to the review and approval of a conditional
use.
a.
The use for which an application is being made shall be specifically
listed as a conditional use within the zone where the property is
located.
b.
Site plan approval shall be required unless otherwise specified in
this chapter.
c.
The conditional use shall comply with the design standards, improvement
standards, and document submittal requirements of this chapter unless
a requirement is waived by the approving authority.
d.
The conditional use shall adhere to the additional standards specified
under this Article for the particular use.
e.
The approving authority may impose additional requirements to protect
the public health, safety, and welfare which it deems necessary by
reason of the location or other factors related to a particular application.
Such requirements shall be provided for and maintained as a condition
of the establishment of the use.
[Ord. No. 1992-32 § 6.3]
Places of worship 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 use shall adhere to the minimum standards of the particular zone
district or to the following standards, whichever is more restrictive:
b.
No accessory building shall be located closer than 15 feet to any
side or rear residential property line.
c.
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 structure exceed 50
feet in height.
d.
Maximum lot coverage shall be 50% unless a higher coverage is permitted
by the zone district. Maximum floor area ratio shall be 0.30 and Maximum
building coverage shall be 30%, unless higher ratios are permitted
by the zone district.
e.
Parking shall be provided as required by Article 9 of this chapter
except that the Municipal Agency may determine that additional parking
be required for any ancillary or accessory uses.
[Ord. No. 1992-32 § 6.4]
Public utility uses, such as telephone dial equipment centers,
power substations and other public utility services (but not service
or storage yards), which must be provided above ground, 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.
A statement is submitted setting forth the reasons that the proposed
installation must be provided above ground in a specific location
and why it is necessary and convenient for the efficiency of the public
utility system or for the satisfactory and convenient provision of
service by the utility to the neighborhood or area in which the particular
use is to be located.
b.
The 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 is located.
c.
Adequate and attractive fences and other safety devices will be provided.
Fences, when used to enclose public utility facilities such as electrical
power substations, shall be built in accordance with the requirements
of the N.J.B.P.U. Commissioners and the N.J. Uniform Construction
Code.
d.
Sufficient landscaping including shrubs, trees and lawn are provided
and will be periodically maintained.
e.
The public utility use and lot meet all the applicable minimum requirements
of the district in which it is located, except that it need not have
the minimum required lot area. Only one principal building will be
permitted on the lot and a paved parking area is required.
f.
The public utility use and lot shall meet all of the applicable landscaping
and buffer requirements pertinent to the zone in which it is located.
[Ord. No. 1992-32 § 6.5]
Motor vehicle service stations 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.
The site plan shall show the number and location of fuel tanks to
be installed, the dimensions and capacity of each storage tank, the
depth the tanks will be placed below the ground, the number and location
of pumps, wash racks, lubrication bays, air hoses and any other similar
equipment to be installed, the type of structure and accessory buildings
to be constructed, and the number of automobiles which are to be garaged.
b.
Motor vehicle service stations shall have a lot area of not less
than 20,000 square feet with a minimum frontage of 150 feet on one
street. If the lot requirements for the zone are greater, they shall
take precedence. No building shall be constructed closer than 50 feet
to any street line or closer than 20 feet to any lot line. Where a
filling station or public garage abuts a residential zone along a
side property line, the side yard setback for the filling station
or public garage shall be increased from 20 feet to 50 feet and a
twenty-foot wide planting screen approved by the Planning Board shall
be provided along the entire side property line.
c.
No motor vehicle service station shall be located within 500 feet
of any existing motor vehicle service station property or any public
entrance to a church, school, library, fire station, playground, charitable
institution, or place of public assemblage. The distance shall be
measured in a straight line along the centerline of streets forming
the shortest route from a point opposite the nearest boundary from
said public entrance to a point opposite the nearest boundary of the
service station lot.
d.
Driveways shall cross the sidewalks at right angles and not be more
than 20 feet wide at any point thereof. Driveways shall be at least
20 feet from any side lot line and at least 30 feet from the intersection
of street lines. No more than two driveways shall be permitted for
each 100 feet of street frontage.
e.
The nearest boundary line of the lot or parcel of land so to be used
shall be at least 100 feet measured in a straight line from the intersection
of any two streets.
f.
All fuel pumps, air hoses and any other equipment used in servicing
cars shall be located at least 30 feet from all street lines and 20
feet from other property lines.
g.
No vehicle shall be permitted to be standing or parked on the premises
of a motor vehicle service station other than those used by the employees
in the indirect or direct operation of the establishment, except for
the following: no more than five during working hours and no more
than three overnight. Overnight outdoor storage of more than three
vehicles shall be prohibited.
h.
All fuel tanks shall be installed underground in accordance with
applicable Federal and State requirements.
i.
No outdoor oil drainage pits, hydraulic lifts, racks or repair work
shall be permitted.
j.
Any repair, lubrication or other similar services to motor vehicles
shall be performed in a fully enclosed building. No parts or partially
dismantled motor vehicle may be stored out-of-doors.
k.
Coin operated service stations are not permitted.
l.
No auto body work shall be permitted.
m.
Illumination shall be such that no direct glare from the lights shall
fall upon adjoining streets or properties.
n.
Sale of new or used cars on the premises of a service station is
prohibited.
o.
Accessory goods for sale may be displayed on the pump islands and
the building island only. The outside storage of oil cans and/or anti-freeze
and similar products may be displayed on the respective islands, if
provided for in a suitable metal stand or rack.
p.
The Municipal Agency shall determine that the planning of the lot
is properly suited to the area and in connection therewith may require
adequate buffers of foliage or screen fencing, if necessary, to protect
surrounding properties from any lights or noises that may be generated
from the property.
q.
Motor Vehicle service stations and public garages shall be permitted
the following signs:
1.
One free-standing sign advertising the name of the station or garage
and the principal products sold on the premises. Each sign shall not
exceed 35 square feet on a side and shall be set back 10 feet from
the front property line and 10 feet from the side property lines.
The sign shall not exceed 15 feet in height. However no pylon signs
shall be permitted on Ocean Avenue or Main Street.
2.
Directional signs or lettering displayed over individual entrance
doors or bays consisting only of the words "washing," "lubrication,"
"repairs," "mechanic on duty," or other similar words, provided that
there shall be no more than one such sign over each entrance or bay.
r.
Parking shall be as provided in Article 9 of this chapter.
[Ord. No. 1992-32 § 6.6]
Public, private or parochial elementary or secondary schools,
duly licensed by the State of New Jersey, attendance at which is in
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 minimum
standards of the particular zone and the following:
a.
Convents, rectories, social halls and similar uses which are accessory
to the educational use shall be permitted.
b.
Nursery schools with an attendance of more than 25 children shall
be considered educational uses and shall be subject to the provisions
of this section.
c.
Nursery schools serving more than 25 children shall contain a minimum
lot area of 15,000 square feet plus 5,000 square feet for each additional
25 children or fraction thereof. A portion of the lot shall be designated
for recreational uses and parking areas subject to Planning Board
approval. The nursery school shall meet all applicable State requirements.
d.
Where a nursery school is prepared in conjunction with an established
institution, such as a place of worship, the minimum lot size shall
be in accordance with the provisions applicable to the primary institution.
Adequate parking facilities, which may be provided in a shared parking
lot arrangement, shall be provided by the applicant, subject to approval
by the appropriate Municipal Agency. A fenced playground shall also
be provided by the applicant, subject to Planning Board approval.
e.
Where an elementary or secondary school alone is proposed, the minimum
lot area shall be 40,000 square feet. The school shall meet all State
requirements set forth under N.J.A.C. Title VI, 6:22, 1.2. In addition,
parking areas, recreational facilities and buffers shall be provided
by the applicant and shall be subject to approval by the appropriate
Municipal Agency.
f.
Where an elementary or secondary school is proposed in conjunction
with an established institution such as a place of worship, the minimum
lot size shall be at least the minimum required for the primary institution.
Adequate parking facilities, recreation areas and buffers shall be
provided by the applicant, subject to approval by the appropriate
Municipal Agency. The lot shall meet all State Requirements as set
forth in N.J.A.C. Title VI, 6:22, 1.2.
g.
Educational uses shall be screened from adjacent residential zones
or uses and/or provide fencing along such property lines as may be
deemed adequate by the appropriate Municipal Agency.
h.
Wall and ground signs shall be permitted subject to the requirements
of Article 5 and Article 7.
i.
Parking shall be as provided in Article 9 of this chapter or in the
alternative, as set forth by the appropriate Municipal Agency at the
time of application.
[Ord. No. 1992-32 § 6.7]
Nursery schools serving more than five but not more than 25
children 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 zones and the following:
a.
A statement setting forth full particulars on the building and/or
use is submitted.
c.
The use shall be screened from adjacent residential zones and existing
residential structure.
d.
Wall and ground signs shall be permitted subject to the requirements
of Article 5 and Article 7.
e.
Parking shall be as provided in Article 9 of this chapter.
f.
Any nursery school shall conform to applicable State requirements.
[Ord. No. 1992-32 § 6.8]
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 minimum standards of the particular zone and the
following:
a.
A statement setting forth the full particulars on the building and/or
use as submitted.
b.
Minimum Lot Area: Not less than the minimum lot area required for
single family homes in the zone.
c.
Minimum Gross Habitable Floor Area: 240 square feet for each person
or resident staff member housed at the residence or shelter.
d.
No conditional use permit shall be granted if the number of persons
(other than resident staff) resident at all existing such community
residences or shelters within the Borough exceeds 50 persons or 0.5%
of the population of the Borough, whichever is greater. Community
residences or shelters must be duly licensed pursuant to the applicable
Statutes.
e.
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.
f.
No Community Residence for the Developmentally Disabled or Shelter
for Victims of Domestic Violence shall be in excess of two stories
in height, exclusive of basement areas. Basement areas shall not be
utilized for living, sleeping or recreation areas.
g.
As a condition of approval and prior to commencement of operation,
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.
h.
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 Shelter for Victims of Domestic Violence.
i.
No Community Residence for the Developmentally Disabled or Shelter
for Victims of Domestic Violence shall be located in any area of heavy
vehicular or pedestrian traffic congestion, or in any area where,
by reason of any condition existing in proximity to the proposed Community
Residence for Developmentally Disabled, the occupants of said Community
Residence for Developmentally Disabled would be exposed to undue harm,
danger or discomfort.
j.
Each Community Residence for the Developmentally Disabled or Shelter
for Victims of Domestic Violence shall provide one off-street parking
space for each resident staff member, plus one off-street parking
space for each employee on the shift employing the largest number
of persons, plus one off-street parking space for each three developmentally
disabled persons or victims of domestic violence residing on the site,
or fraction thereof. The off-street parking shall be screened from
adjacent residentially zoned properties.
k.
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.
[Ord. No. 1992-32 § 6.9]
a.
Any hotel or motel that may be constructed on a lot or parcel of
land must contain a minimum of at least ten units of accommodation,
exclusive of a permanent, on-site superintendent's living quarters.
The minimum number of units of accommodation in any single building
shall be five.
b.
Each unit of accommodation shall contain a minimum floor area of
250 square feet. Ceilings shall be a minimum of 7 1/2 feet in
height.
c.
Each unit of accommodation shall include a minimum of two rooms,
a bedroom and a separate bathroom which affords privacy to a person
within said room and which is equipped with a "toilet," a "wash basin"
and a "bathtub" or "shower," all properly connected to an approved
water and sewer system. Not more than 20% of all units of accommodation
may contain kitchen facilities.
d.
The first floor areas of hotels and motels may be used for offices
and neighborhood commercial uses limited to such kinds of offices
as the professional offices of physicians, dentists, attorneys, engineers,
architects, planners, real estate brokers, insurance offices and branch
banks and such commercial uses as a barber shop, beauty salon, drugstore,
laundromat, souvenir shop, novelty store, delicatessen, coffee shop
and restaurant.
e.
Each motel or hotel shall provide parking at a ratio of one parking space per unit of accommodation plus one space for every five employees. Parking shall be provided for commercial uses at the ratio prescribed in Subsection 40-9.2.
f.
Open balconies above the first floor on hotels and motels may extend
up to six feet beyond the building line.
g.
Area and Yard Requirements for Hotels and Motels.
|
Principal Buildings
| |
|---|---|
|
Minimum lot area
|
22,500 square feet
|
|
Minimum lot frontage
|
150 feet
|
|
Minimum lot width
|
150 feet
|
|
Minimum side yard (each)
|
15 feet
|
|
Minimum front yard
|
*
|
|
Minimum rear yard
|
20 feet
|
|
Maximum height
|
35 feet
|
|
Accessory Buildings
| |
|
Minimum distance to side line
|
10 feet
|
|
Minimum distance to rear line
|
10 feet
|
|
Minimum distance to other buildings
|
10 feet
|
|
Maximum building coverage of principal and accessory
buildings
|
50%
|
|
*
|
Front yard to be determined on the basis of the average front
yard depth within the block (or adjacent block if there are no existing
buildings on the block) but in any event not less than 20 feet.
|
h.
A swimming pool shall be a permitted accessory use to a hotel or
motel.
i.
Off-street parking shall be as provided in Article 9 of this chapter.
[Ord. No. 1992-32 § 6.10]
Hospitals, philanthropic and eleemosynary care uses may be permitted
as a conditional use in the zones specified provided that the use
and/or structures shall adhere to the following:
a.
Bulk and Area Requirements.
1.
Minimum lot size is one acre.
2.
Setbacks:
|
Front yard
|
20 feet
|
|
Side yard
|
20 feet
|
|
Rear yard
|
20 feet
|
3.
Total building coverage not to exceed 40% of the total lot area.
4.
All other zone district requirements for the zone in which the use
is located shall apply.
5.
The proposed use shall not be detrimental to surrounding property
values.
6.
The proposed development shall further the general welfare of the
Borough of Belmar.
7.
The height of any building shall, in no case, exceed 50 feet. The
front, side and rear yard setbacks shall be increased by one foot
for each foot by which the building exceeds the maximum height limit
in the zone in which the use is to be located.
8.
Off-street parking shall be as provided in Article 9 of this chapter.
[Ord. No. 1992-32 § 6.11; Ord. No. 2012-07]
Bed and breakfasts may be permitted as a conditional use in
the zones specified provided that the use and/or structures adhere
to the minimum standards of the particular zone and to the following:
a.
Bed and breakfast inns shall provide breakfast for registered guests
in the forenoon of each day. No other meals may be served, except
for lunch meals and desserts and non-guests may not be served breakfast,
lunch, or dessert.
b.
No cooking facility shall be allowed in guest rooms.
c.
Guest occupancy shall be limited to 30 successive days or not more
than 30 days in any period of 60 successive days.
d.
Common areas to be provided for exclusive use of the guests must
be at least 300 square feet (parlors, dining rooms and the like).
e.
Bed and breakfast inns shall be managed and occupied by the owners
of the property.
f.
Parking for one vehicle per dwelling unit must be provided on site.
g.
No more than 10 rooms nor less than two rooms for guests (with sleeping
accommodations for no more than 25 persons) shall be permitted.
h.
Bed and breakfast inns shall be subject to State law as defined,
regarding the Uniform Construction Code Act, Uniform Fire Safety Act,
and shall be registered with the Bureau of Housing Inspection in the
Division of Housing and Development in the Department of Community
Affairs and shall comply with all local ordinances concerning housing
and with all of the requirements of the zoning district in which it
is located.
i.
The appropriate Municipal Agency shall conduct a public hearing on
the application in accordance with this chapter. The applicant shall
give notice of the hearing to all owners of property within 200 feet
of the proposed use.
j.
The proposed bed and breakfast use shall be consistent with the character
of the surrounding neighborhood.
k.
The exterior appearance of any bed and breakfast inn shall remain
residential in nature.
[Ord. No. 2004-15 § 1; Ord. No. 2005-18 § I]
a.
Purpose. The purpose of these regulations for the siting of wireless
and fixed wireless telecommunications towers and antennas is to: (1)
protect residential areas and land uses from potential adverse impacts
of towers and antennas; (2) encourage the location of towers and antennas
in appropriate locations; (3) minimize the total number of towers
throughout the community; (4) strongly encourage the joint use of
tower and antenna sites as a primary option rather than construction
of additional single-use towers; (5) encourage users of towers and
antennas to locate them, to the extent possible, in areas where the
adverse impact on the community is minimal; (6) encourage users of
towers and antennas to configure them in a way that minimizes the
adverse visual impact of the towers and antennas through careful design,
siting, landscape screening, and innovative camouflaging techniques;
(7) enhance the ability of the providers of telecommunications services
to provide such services to the community quickly, effectively, and
efficiently; (8) consider the public health and safety of communication
towers; and (9) avoid potential danger to adjacent properties from
tower failure through engineering and careful siting of tower structures;
(10) promote full service coverage within the Borough, i.e., elimination
of dead zones, for health, safety and welfare reasons. In furtherance
of these goals, the Borough of Belmar shall give due consideration
to the Borough Master Plan, Zoning Map, existing land uses, and environmentally
sensitive areas in approving sites for the location of towers and
antennas.
b.
Nonapplicability to Amateur Radio Stations and to Receive Only Antennas.
The provisions of this subsection shall not govern any antenna that
is owned and operated by a federally licensed amateur radio station
operator or is used exclusively as a receive only antenna.
c.
Antennas and Towers Permitted on Borough Property. Wireless communications
towers and antennas which are located on specified Borough property
identified herein and which are approved by the Mayor and Council
shall be deemed to be a permitted conditional use. Upon submission
and approval of a site plan in accordance with the regulations set
forth herein, such approved property shall be:
d.
General Requirements.
1.
Principal or Accessory Use. Wireless telecommunications towers and
antennas may be considered either principal or accessory uses. A different
existing use of an existing structure on the same lot shall not preclude
the installation of an antenna or tower on such lot.
2.
Lot Size. For purposes of determining whether the installation of
a tower or antenna complies with district development regulations,
including but not limited to setback requirements, lot coverage requirements,
steep slopes and other such requirements, the dimensions of the entire
lot shall control, even though the antennas or towers may be located
on leased parcels within such lot.
3.
Inventory of Existing Sites. Each applicant for an antenna and/or
tower shall provide to the Borough as part of the application an inventory
and technical data (i.e., coverage area) of all existing towers, antennas,
or sites approved for towers or antennas, that are either within the
jurisdiction of the Borough of Belmar or within one mile of the border
thereof, including specific information about location, height and
design of each tower. The Borough may share such information with
other applicants applying for approvals under this subsection or other
organizations seeking to locate antennas within the jurisdiction of
the Borough of Belmar, provided however, the Borough is not, in any
way representing or warranting that such sites are available or suitable.
4.
Aesthetics. Towers and antennas shall meet the following requirements:
(a)
Towers shall either maintain a galvanized steel finish or, subject
to any applicable standards of the FAA, be painted a neutral color
so as to reduce visual obtrusiveness. Monopoles are preferred.
(b)
At a tower site, the design of the buildings and related structures
shall, to the extent possible, use materials, colors, textures, screening,
and landscaping that will blend them into the natural setting and
surrounding buildings.
(c)
If an antenna is installed on a structure other than a tower,
the antenna and supporting electrical and mechanical equipment must
be of a neutral color that is identical to, or closely compatible
with, the color of the supporting structure so as to make the antenna
and related equipment as visually unobtrusive as possible.
5.
Lighting. Towers shall not be artificially lighted, unless required
by FAA or other applicable authority. If lighting is required, the
lighting alternatives and design chosen must cause the least disturbance
to the surrounding views.
6.
State or Federal Requirements. All towers must meet or exceed current
standards and regulations of the FAA, the FCC and any other agency
of the State or Federal government with the authority to regulate
towers and antennas. If such standards and regulations are changed,
then the owners of the towers and antennas governed by this subsection
shall bring such towers and antennas into compliance with such revised
standards and regulations within six months of the effective date
of such standards and regulations, unless a different compliance schedule
is mandated by the controlling State or Federal agency. Failure to
bring towers and antennas into compliance with such revised standards
and regulations shall constitute grounds for the removal of the tower
or antenna at the owner's expense.
7.
Building Codes; Safety Standards. To ensure the structural integrity
of towers, the owner of the tower shall ensure that it is maintained
in compliance with standards contained in applicable State or local
building codes and the applicable standards for towers that are published
by the Electronic Industries Association, as amended from time to
time. If upon inspection, the Borough concludes that the tower fails
to comply with such codes and standards and constitutes a danger to
persons or property, then upon notice being provided to the owner
of the tower, the owner shall have 30 days to bring such tower into
compliance with such standards. Failure to bring such tower into compliance
within said 30 days shall constitute grounds for removal of the tower
or antenna at the owner's expense.
8.
Measurement. For purposes of measurement, tower setbacks and separation
distances shall be calculated and applied to facilities located in
the Borough, irrespective of municipal and County jurisdictional boundaries.
9.
Franchises. Owners and/or operators of towers or antennas shall certify that all franchises required by law for the construction and/or operation of a wireless communication system in the Borough have been obtained and shall file a copy of all required franchises in the Borough. Pursuant to § 20-2 of the Revised General Ordinance of the Borough of Belmar, mercantile licenses must be obtained and renewed yearly for each operator, tower and antenna.
10.
Public Notice. For purposes of this subsection, any variance request
for site plan approval shall require public notice to all abutting
property owners. There shall be no exemption from the public notice
required herein because property is owned by the Borough.
11.
Signs. No signs shall be allowed on an antenna, tower or equipment
building other than those designed to enhance public safety. Appropriate
"Keep Out" or "No Trespassing" signs shall be required.
12.
Buildings and Support Equipment. Buildings and support equipment
associated with antennas or towers shall comply with the requirements
of the Borough.
13.
Multiple Antenna/Tower Plan. The Borough of Belmar encourages the
prospective users of towers and antennas within the Borough to submit
a single application for approval of multiple towers and/or antenna
sites. Applications for approval of multiple sites shall be given
priority in the review process.
14.
Maximum Height. The tower/antenna shall meet the following maximum
height and usage criteria:
15.
Information Required. In addition to any information required for
applications for site plan review pursuant to this Chapter, applicants
for approval for a tower/antenna shall submit the following information:
(a)
A location plan drawn to scale and clearly indicating the location,
type and height of the proposed tower(s)/antenna(s), on-site land
uses and zoning, adjacent land uses and zoning (including when adjacent
to other municipalities), master plan classification of the site,
adjacent roadways, proposed means of access, setbacks from property
lines, elevation drawings of the proposed tower and other structures,
topography, and parking.
(b)
Legal description of the parent tract and leased parcel (if
applicable).
(c)
The setback distance between the proposed tower and the nearest
residential unit, platted residentially zoned properties, and unplatted
residentially zoned properties.
(d)
The applicant shall also identify the type of construction of
the existing tower(s) and the owner/operator of the existing tower(s),
if known.
(e)
A landscape plan showing specific landscape materials.
(f)
Method of fencing, and finished color and, if applicable, the
method of camouflage and illumination.
(g)
A description of compliance with Subsection 40-6.11d and all applicable Federal, State and local laws.
(h)
A notarized statement by the applicant as to whether construction
of the tower/antenna will accommodate collocation of additional antennas
for future users.
(i)
Identification of the entities providing the backhaul network
for the tower(s) described in the application and other cellular sites
owned or operated by the applicant as well as other users in the municipality.
(j)
A description of the suitability of the use of existing towers,
other structures or alternative technologies not requiring the use
of towers or structures to provide the services to be provided through
the use of the proposed tower.
(k)
A description of the feasible location(s) of future towers or
antennas within the Borough based upon existing physical, engineering,
technological or geographical limitations in the event the proposed
tower is erected.
16.
Factors considered in granting approval for towers/antennas. In addition
to any standards for consideration of site plans pursuant to this
Chapter, the municipal agency shall consider the following factors
in determining whether to issue an approval:
(a)
Height of the structure;
(b)
Proximity of the structure to residential structures and residential
district boundaries;
(c)
Nature of uses on adjacent nearby properties;
(d)
Surrounding topography;
(e)
Surrounding tree coverage and foliage;
(f)
Design of the structure, with particular reference to design
characteristics that have the effect of reducing or eliminating visual
obtrusiveness;
(g)
Proposed ingress and egress; and
17.
Availability of Suitable Existing Towers, Other Structures or Alternative
Technology. No new tower shall be permitted unless the applicant demonstrates
to the reasonable satisfaction of the municipal agency that no existing
tower (including electric transmission and distribution towers), structure
or alternative technology that does not require the use of towers
or structures can accommodate the applicant's proposed antenna. An
applicant shall submit information requested by the municipal agency
related to the availability of suitable existing towers, other structures
or alternative technology. Evidence submitted to demonstrate that
no existing tower, structure or alternative technology can accommodate
the applicant's proposed antenna may consist of any of the following:
(a)
No existing towers or structures are located within the geographic
area including neighboring municipalities which meet applicant's engineering
requirements.
(b)
Existing towers or structures or groups thereof are not of sufficient
height, location or number to meet applicant's engineering requirements.
(c)
Existing towers or structures do not have sufficient structural
strength to support applicant's proposed antenna and related equipment.
(d)
The applicant's proposed antenna would cause electromagnetic
interference with the antenna on the existing towers or structures,
or the antenna on the existing towers or structures would cause interference
with the applicant's proposed antenna.
(e)
The fees, costs or contractual provisions required by the owner
in order to share an existing tower or structure or to adapt an existing
tower or structure for sharing are unreasonable. Costs exceeding new
tower development are not presumed to be unreasonable.
(f)
The applicant demonstrates that there are limiting factors and
render existing towers and structures unsuitable.
(g)
The applicant demonstrates that an alternative technology that
does not require the use of towers or structures, such as a cable
microcell network using multiple low-powered transmitters/receivers
attached to a wireline system is unsuitable. Cost of alternative technology
that exceed new tower or antenna development shall not be presumed
to render the technology unsuitable.
18.
Security Fencing. Towers and equipment cabinet and/or like equipment
shall be enclosed by security fencing not less than six feet in height,
be equipped with an appropriate anticlimbing device or of a style/configuration
as approved by the BOCA Code for enclosure around a residential swimming
pool, and such fencing shall have a self-latching gate complying with
the standard required for enclosing a swimming pool; provided however,
that the municipal agency may waive such requirements, as it deems
appropriate.
19.
Landscaping. All landscaping plans shall be reviewed by the municipal
agency's engineer and by the Shade Tree Commission, both of whom shall
forward a recommendation(s) to the municipal agency reviewing the
plan. The following requirements shall serve as a guide for the landscaping
surrounding towers for which site plan approval is required; provided,
however, that the municipal agency may waive such requirements if
the goals of this section would be better served thereby.
(a)
Tower facilities shall be landscaped with a buffer of plant
materials that effectively screens the view of the tower compound
from property used for residences.
(b)
In locations where the visual impact of the tower would be minimal,
the landscaping requirement may be reduced.
(c)
Existing mature tree growth and natural land forms on the site
shall be preserved to the maximum extent possible. In some cases,
such as towers sited on large, wooded lots, natural growth around
the property perimeter may be sufficient buffer.
20.
In approving the tower the municipal agency may impose conditions,
including the use of an alternative tower structure, i.e., structures
made to look like beach patrol structures, to the extent the municipal
agency concludes such conditions are necessary to minimize any adverse
effect of the proposed tower on adjoining properties.
e.
New Buildings or Other Exterior Equipment Storage.
1.
Antennas Mounted on Structures or Rooftops. The equipment cabinet
or structure used in association with antennas shall comply with the
following:
(a)
The cabinet or structure shall not contain more than 200 square
feet of gross floor area or be more than 10 feet in height. In addition,
for buildings and structures which are less than 65 feet in height,
the related unmanned equipment structure, if over 200 square feet
of gross floor area or 10 feet in height, shall be located on the
ground and shall not be located on the roof of the structure.
(b)
If the equipment structure is located on the roof of a building,
the area of the equipment structure and other equipment and structures
shall not occupy more than 10% of the roof area.
(c)
Equipment storage buildings or cabinets shall comply with all
applicable building codes.
2.
Antennas Located on Towers, Utility Poles, or Light Poles. The related
unmanned equipment structure shall not contain more than 200 square
feet of gross floor area or be more than 10 feet in height, and shall
be located in accordance with the minimum yard and buffer requirements
of the zoning district in which located and shall be screened from
view of all residential properties.
f.
Alternate Design Standard for Wireless Telecommunication Facilities.
Where applicant's facility accommodates multiple providers, alternate
design standards may be accepted, provided applicant demonstrates
that the use of alternate design standards would advance the purposes
of this subsection and the benefit of the deviation from the design
standard herein would substantially outweigh any detriment.
g.
Removal of Abandoned Antennas and Towers. Any antenna or tower that is not operated for a continuous period of 12 months shall be considered abandoned, and the owner of such antenna or tower shall remove the same within 90 days of receipt of notice from the Borough of Belmar notifying the owner of such abandonment. If the business license is not renewed, as required by § 20-2, it shall be presumed that the antenna or tower is not being operated. Failure to remove an abandoned antenna or tower within said 90 days shall be grounds to remove the tower or antenna at the owner's expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower.
[Ord. No. 2008-07 § 1]
a.
A multi-family cluster development is permitted as a conditional
use to allow for the transition from existing high density residential
uses, exceeding seven dwelling units per lot, hotels and boarding
houses and to provide for the creation of a multi-family attached
"townhouse style" cluster development within the R-75 residential
zone, for properties east of "A" Street with frontage on 10th, 11th
and/or 12th Avenue to be designated MF-75 Zoning District and developed
with a shared access lane providing entry to attached accessory garage
structures. However, properties with frontage on Ocean Avenue must
develop the structures closest to Ocean Avenue to be single family
detached structures in accordance with R-75 Zoning District standards,
except as provided herein, and, the remainder of the property may
be developed pursuant to the MF-75 standards.
b.
Bulk and Area Requirements.
1.
Minimum lot size: 14,000 square feet.
2.
Minimum frontage along 10th, 11th and/or 12th Avenue: 100 feet.
(a)
Provided that street frontage shall not be required for interior
residential townhouse clusters with frontage upon a shared access
lane to permit entry to attached accessory garage structures.
3.
Minimum lot diameter: 100 feet.
4.
Minimum yard requirements:
(a)
Front yard setback: minimum 20 feet provided however, front
yard setback for townhouse clusters with frontage on an interior access
lane shall be developed with a minimum six-foot front yard setback.
(b)
Side yard setback: Minimum 10 feet each side yard, 20 feet combined;
provided however, that the side yard setback may be reduced to a minimum
of five feet for each side and 10 feet for combined side yard setback
for interior townhouse clusters developed with a shared access lane.
(c)
Rear yard setback: Minimum six feet for townhouse clusters providing
frontage on 10th, 11th or 12th Avenue, as the case may be; provided
however that the rear yard setback shall be a minimum 10 feet for
townhouse clusters with frontage on an interior access lane.
5.
Density: one unit per 1,550 square feet.
6.
Principal building height not to exceed 35 feet nor three stories.
7.
Maximum building coverage shall not exceed 50%.
8.
Maximum impervious coverage shall not exceed 75%.
9.
Floor area ratios applicable to the R-75 Zone, shall not apply where
the density permitted herein is not exceeded.
10.
Permitted structures shall be single-family "townhouse style" residential
unit, developed as not less than four side-by-side residential clusters,
no more than five, side-by-side residential clusters.
11.
Minimum accessory building setback: Five feet side yard and five
feet rear yard. Provided however that the accessory buildings shall
not be included in maximum building coverage calculations.
12.
Accessory structures shall not exceed 10 feet in height and shall
only be located in conforming rear yard areas.
13.
Parking:
(a)
Off-street parking shall be provided in accordance with the
Residential Site Improvement standards.
(b)
Each new dwelling unit shall provide at least one enclosed parking
stall situated within a fully enclosed attached accessory garage structure.
(c)
Vehicular access to lots fronting on 10th, 11th or 12th Avenue
as the case may be, shall be provided by a shared rear lane at a minimum
of 18 feet in width, providing access to the attached accessory garage
structures.
(d)
Rear lane ingress/egress shall be provided by a minimum width
18 feet driveway accessed off 10th, 11th or 12th Avenue as the case
may be and further developed with an additional one way drive of a
minimum, in width, of 10 feet providing egress to 10th, 11th or 12th
Avenue as applicable.
(e)
Regulations applicable to attached accessory garages, relevant
to orientation of the front face of the garage entry shall not apply
to attached accessory garage structures for townhouse clusters fronting
a shared lane.
(f)
Regulations applicable to attached accessory garages, relevant
to orientation of the front face of the garage entry shall apply to
garage structures associated with townhouse clusters fronting 10th,
11th or 12th Avenue. Orientation of the garage entry shall be to the
interior of the lot.
(g)
No driveway or parking area shall be unpaved or surfaced with
crushed stone, gravel or similar coarse aggregate material. All vehicular
paving shall consist of bituminous concrete, cementious concrete and/or
brick/concrete paving blocks
(h)
No curb cut for a driveway or lane shall exceed 20 feet in width.
(i)
No lane shall be closer than 60 feet from the intersecting avenue
right-of-way lines.
14.
Landscaping. All land area not covered by pavement materials, buildings,
decorative landscaping or shrubbery must be provided with a permanent,
green-grassed lawn.
(a)
Ornamental landscaping may incorporate decorative stone; however
all land covered with decorative stone (or pebbles) shall be included
in the calculation of impervious coverage.
15.
Utilities. All utilities for new construction shall be placed underground;
(a)
For lots with rear lane access, all utilities shall be placed
in the utilities easement parallel to the lane.
16.
Streetscape improvement shall be installed with accordance with applicable
Borough standards.
17.
Curb construction, sidewalk construction, street grates, intersections
and pavement construction shall meet Residential Site Improvement
Standards, "RSIS" at N.J.A.C. 5:21-1 et seq.;
18.
Fences, hedges, wall and vision clearances shall conform to design standards of Subsection 40-7.25;
19.
Permitted principal uses shall be: single-family residential cluster
developments, municipal services and facilities in public parks;
20.
Permitted accessory uses shall be: noncommercial TV/radio antennas,
exempt signs as set forth in Subsection 40-7.24d, tool sheds, fences,
hedges, wall and private garages and essential services;
21.
Except as set forth hereinabove, the MF-75 shall meet the design
and guideline standards for subdivision and site plans set forth at
Article 8 of the Development Regulations;
22.
Properties with Frontage on Ocean Avenue. Properties with frontage
on Ocean Avenue must develop the structures closest to Ocean Avenue
as single-family detached structures in accordance with the R-75 Zoning
District standards for principal buildings for lot area, frontage,
width and diameter, and, for impervious coverage, building coverage,
floor area ratio, principal building height, and, for front, and side
yard setbacks, all other MF-75 standards shall apply. No curb cuts
or vehicular access shall be permitted onto Ocean Avenue, a lane shall
be provided behind the single-family detached structures fronting
on Ocean Avenue in accordance with the MF-75 standards and the rear
yard setback standards for the MF-75 Zone may be utilized. In all
cases, the single-family detached structures closest to Ocean Avenue
shall be oriented towards Ocean Avenue. Except for the structures
closest to Ocean Avenue, the remainder of the structures on the property
may be developed pursuant to the MF-75 standards.
[Ord. No. 2008-13 § 1; Ord. No. 2012-08; Ord.
No. 2012-12]
The purpose and intent of the Borough and this section is to
encourage the conversion of existing accessory dwelling units.
It is common throughout the Borough to find a larger main house
at the front of a property with an accessory dwelling structure at
the rear of the property containing one or more accessory dwelling
units. Often these accessory dwelling units are limited to use as
summer rentals because they lack heat or insulation. Because the predominant
residential zoning classification in Belmar is single-family residential
homes, these accessory seasonal dwelling structures are non-conforming
uses and cannot be converted to year-round use without a use variance.
These units may also be deteriorated. Belmar's Land Use Boards have
not granted variances to permit the conversion of such units to year-round
use because of the difficulty in establishing proofs to permit the
expansion of a nonconforming use. Belmar intends to permit these accessory
dwelling units to be converted to year-round occupancy as a conditional
use.
[Ord. No. 2008-13 § 1; Ord. No. 2012-08; Ord.
No. 2012-12]
Terms not defined shall have their usual and customary meanings,
unless a different meaning clearly appears from the context. The following
terms whenever used or referred to in this section shall have the
following respective meanings:
Shall mean a structure containing not more than one dwelling
unit that is located on the same lot as a main dwelling structure.
It is irrelevant for purposes of this section whether or not the use
of, or size of, the accessory dwelling structure was approved by the
Planning Board, Zoning Board or is a prior nonconforming use.
Shall mean a habitable residential dwelling unit contained
in an existing accessory dwelling structure.
Shall mean the Borough's Director of Code Enforcement.
Shall mean a single-family residential structure on the property
that is clear from its size, location, and its proximity to street
frontage, that it is the principal structure on the property.
[Ord. No. 2008-13 § 1; Ord. No. 2012-08; Ord.
No. 2012-12]
a.
The creation of an accessory dwelling unit shall be a conditional
use and shall be subject to the conditions and standards set forth
herein and upon a site plan application to, and approval by, the Planning
Board. As a part of site plan review of the construction of and/or
conversion of an existing accessory dwelling unit, the applicant must
show that the finished appearance and aesthetics of the accessory
dwelling unit is similar in character to the main dwelling structure
and/or consistent with the aesthetics of the neighboring properties
and/or neighborhood.
b.
Existing accessory dwelling structures in all single-family residential
zoning districts within the Borough of Belmar, which contain existing
accessory dwelling units, are eligible for conversion.
c.
Any accessory dwelling unit must, prior to the conversion and occupancy
of same, be brought into conformance with all applicable Building
Codes and the Borough's Adaptability and Visitability Code then in
effect.
d.
Because the cost of renovating existing accessory dwelling structures
may be greater than new construction, nothing contained here shall
be construed to prohibit the owner of a property with an accessory
dwelling structure, in lieu of converting and rehabilitating such
a structure for use as an accessory dwelling unit, from demolishing
and replacing the said structure with a newly constructed accessory
dwelling structure that meets the following criteria:
1.
The newly constructed accessory dwelling structure must contain not
more than one accessory dwelling unit, regardless of the number of
the accessory dwelling units contained in Accessory Dwelling Structure
that it is to replace, and all applicable Building Codes and the Borough's
Adaptability and Visitability Code then in effect.
2.
The newly constructed accessory dwelling structure must be designed,
constructed and equipped as a highly energy efficient dwelling unit
that satisfies, at a minimum, the standards for being an ENERGY STAR® Qualified Home, in accordance with the criteria
established by the U.S. Environmental Protection Agency and the U.S.
Department of Energy, or such other standards as the Mayor and Council
may from time to time adopt by resolution.
3.
The newly constructed accessory dwelling structure shall meet the
following bulk requirements:
(a)
A minimum five-foot setback from property boundaries.
(b)
A minimum ten-foot distance between the accessory dwelling structure
and the main residential structure or other accessory structures on
the property.
(c)
The square footage of the newly constructed accessory dwelling
structure shall not exceed the greater of 650 square feet or the square
footage of the footprint of the demolished accessory dwelling structure
as determined by the Director, exclusive of any garage area; however
in no case may the square footage of the new accessory dwelling structure
exceed more than 10% of the lot area, provided, however, that the
Director may permit a newly constructed accessory dwelling structure
to deviate from this requirement by up to 15% of such area, when in
the Director's opinion such a deviation is reasonably necessary to
accommodate a more efficient design or layout.
(d)
There shall only be two structures on the property, the main
dwelling structure and the accessory dwelling structure, however if
there is another existing structure on the property, such as a detached
garage, the accessory dwelling structure must be constructed as an
addition to the other existing structure.
(e)
The accessory dwelling structure shall be one story in height.
The maximum permitted height shall be 12 feet, measured from the average
grade along the foundation to the eaves. The eaves, for purposes of
this section, shall be the top of the fascia at the first course of
roof shingles or other roofing material.
(f)
Attics within the accessory dwelling structure, without a fixed/permanent
set of stairs are permitted provided that they are not used for habitable
space.
(g)
Basements within the accessory dwelling structure are permitted
provided that they are not used for habitable space, are unfinished
and have only an exterior means of access.
4.
The lot upon which the newly constructed accessory dwelling structure
is to be located must contain at least 4,000 square feet.
e.
No additional parking demand shall be deemed created, and no additional
off-street parking shall be required, as a result or condition of
the conversion of an accessory dwelling unit.
f.
If the main dwelling structure contains more than one dwelling unit,
it shall be converted into a single-family residential structure and
the property owner shall also relinquish all prior nonconforming rights,
and rights by variance or similar approvals, in relation to the multi-family
use of the main dwelling structure.
[Ord. No. 2008-13 § 2; Ord. No. 2012-08; Ord.
No. 2012-12]
a.
No bulk variances or site plan approvals shall be required unless and to the extent that the Director determines that the proposed conversion of an accessory dwelling structure requires deviations from the requirements of Subsection 40-6.14.3d3 that exceed the Director's discretion to grant. In such event, the relief shall be sought by minor site plan application to the Zoning Board of Adjustment, with variances from the design standards set forth in Subsection 40-6.14.3d3 above.
b.
The following conditions, in addition to any other conditions that
may be imposed by the Board, shall be required if the application
is granted:
1.
A deed restriction relinquishing all prior non-conforming rights,
and rights by variance or similar approvals, in relation to the use
of the accessory dwelling structure, and agreeing to continue the
use of the accessory dwelling structure in accordance with the within
section shall be caused to be filed by the property owner. The deed
restriction shall also contain the following additional provision:
(a)
A provision prohibiting the expansion of the accessory dwelling
unit.
c.
If the main dwelling structure contains more than one dwelling unit,
the same shall be converted into a single-family residential structure
as provided herein, and the property owner shall record a deed restriction
relinquishing all prior nonconforming rights, and rights by variance
or similar approvals, in relation to the multi-family use of the main
dwelling structure.
d.
All deed restrictions and like recordings required herein shall be
recorded at the property owner's sole cost and expense. Further, all
deed restrictions and like recordings required herein shall be reviewed
and approved by the Planning Board Attorney prior to recording. Recorded
copies of all deed restrictions and like recordings shall be provided
to the Borough.
[Ord. No. 2008-13 § 1; Ord. No. 2012-08; Ord.
No. 2012-12]
a.
Notwithstanding anything contained in the Development Regulations
of the Borough of Belmar to the contrary, a property containing a
main residential structure and an accessory dwelling unit shall constitute
a conforming use in any single-family zone. In the event that at the
time of a development application to the Board of Adjustment or Planning
Board, an accessory dwelling unit on the subject property has not
yet been certified by the Zoning Officer as an accessory dwelling
unit, the Planning Board or Board of Adjustment, as the case may be,
may grant relief subject to the owner's obtaining certification.
b.
Upon the construction of and/or conversion of an existing accessory
dwelling unit, the property in that it contains an accessory dwelling
unit and a main dwelling structure shall be deemed conforming as to
use only and future physical expansion or modification of the main
dwelling structure shall not require a variance pursuant to N.J.S.A.
40:55D-70(d)(3) provided that the accessory dwelling unit continues
to exist in accordance with this section.
c.
Upon the construction of and/or conversion of an existing accessory
dwelling unit the square footage associated with the accessory dwelling
structure shall not count towards the calculation of floor area ratio,
building coverage or impervious coverage of the whole property. The
square footage associated with the accessory dwelling structure shall
not count towards stormwater requirements of the Borough Ordinances,
however stormwater mitigation measures shall be provided. By way of
example, such measures may include dry wells and bio-retention basins
(rain gardens).
[Ord. No. 2008-13 § 1; Ord. No. 2012-08; Ord.
No. 2012-12]
Violation of any provision of this section shall be subject
to a fine, upon conviction of $750. All tickets shall require a Court
appearance. In addition, the Borough reserves all rights to compel
compliance with this section and any and all rights available to it,
in the Superior Court of New Jersey or other court of competent jurisdiction.
