[Ord. No. 94-29 § 118-18; Ord. No. 96-27 § 4]
Recognizing that certain uses, activities and structures are
necessary to serve the needs and provide for the convenience of the
citizens of the Township and at the same time, appreciating the fact
that they or any one of them may be or may become inimical to the
public health, safety and general welfare of the community if located
without due consideration to the existing conditions and surroundings,
such uses are designed as conditional uses subject to the standards
and regulations hereby established. These standards and regulations
are intended to provide the Planning Board with a guide for reviewing
applications for conditional uses. As a result of the review procedure,
the applicant may be required to meet additional standards and regulations
imposed by the Planning Board during site plan review which are in
keeping with and will further the intent of these standards and regulations.
Such standards and regulations shall be provided for and maintained
as a condition of the establishment and maintenance of any use to
which they are a condition of approval. In acting upon an application
for conditional use approval, the Planning Board shall be guided by
the following standards and principles:
a. The use for which an application is being made is specifically listed
as a conditional use within the zone where the property is located.
b. The design, arrangement and nature of the particular use is such
that the public health, safety and welfare will be protected and reasonable
consideration is afforded to the following:
1. The compatibility of the proposed use(s) and/or structure(s) within
the existing neighborhoods.
2. The potential effect that the proposed use(s) and/or structure(s)
will have upon property values.
3. The adequacy of the proposed parking and traffic circulation for
the use(s) and/or structure(s) and the potential for traffic congestion
and/or the creation of undue traffic hazards.
4. The adequacy of proposed drainage facilities which will serve the
use(s) and/or structure(s).
5. The adequacy of plans for screening any adverse aspects of the use(s)
and/or structure(s) from adjoining properties.
6. The adequacy of proposed outdoor lighting.
7. Compliance with the design standards under Article
X.
8. Compliance with the standards, principles and objectives of the Master
Plan of the Township of Berkeley.
c. All conditional use applications shall be accompanied by an application
for site plan approval.
d. Conditional uses shall adhere to the additional standards specified
for the particular use under this article.
e. No use specified within this article shall be considered a conditional
use unless it is specifically listed as a conditional use in the zone
district regulations.
f. With regard to the requirements for the siting of cellular telecommunications
towers and facilities, it is the express objective of this chapter
to provide reasonable opportunities for the siting of such facilities
in the vast areas of the Township where residential development is
restricted due to environmental and infrastructure constraints, as
well as various commercial and industrial zones throughout the Township
of Berkeley, without adversely impacting the visual quality and character
of the Township's diverse residential neighborhoods and compact retirement
communities. The specific site standards provided herein are designed
to enable unobstructed access to the airwaves, while using vertical
elements, such as trees and buildings to provide "angles of occlusion"
that completely or partially block or screen views of a freestanding
tower from residential uses and zones depending on the viewing distance
and relative elevations.
[Ord. No. 94-29 § 118-18.1; Ord. No. 97-34 § 2]
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 to be installed, the type of structure and accessory buildings
to be constructed and the number of service bays.
b. Motor vehicle service stations shall have a lot area of not less
than 20,000 square feet with a minimum frontage of 125 feet on one
street. If the lot requirements for the zone are greater, they shall
take precedence.
c. No motor vehicle service station shall be located within 500 feet
of any public entrance to a church, school, library, hospital, fire
station, park, playground, charitable institution or place of public
assemblage. The distance shall be measured in a straight line along
the center line of streets forming the shortest route from a point
opposite the nearest boundary from the public entrance to a point
opposite the nearest boundary of the service station lot.
d. All fuel pumps shall be located at least 35 feet from all street
lines within all zones.
e. 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.
f. All fuel tanks shall be installed underground.
g. No outdoor oil drainage pits or hydraulic lifts shall be permitted.
h. Any repair of motor vehicles shall be performed in a fully enclosed
building. No parts or partially dismantled motor vehicle may be stored
out-of-doors.
i. No motor vehicle service station shall be erected, built or located
within 4,000 feet of any other service station as measured along the
frontage of existing roads or highways.
j. No automobile bodywork shall be permitted.
k. Illumination shall be such that no direct glare from the lights shall
fall upon adjoining streets or properties.
l. Sale of new or used cars is prohibited.
m. Accessory goods for sale may be displayed on the pump islands and
the building island only. The outside storage of oil cans and/or antifreeze
and similar products may be displayed on the respective islands, if
provided for in a suitable metal stand or rack.
n. The maximum lot coverage shall be 10% of the lot area and a maximum
of 20% of the lot area with a canopy.
o. The minimum unoccupied open space shall be 30% of the lot area.
p. The canopy setback shall be 25 feet.
q. Each establishment is entitled to display signs containing up to
a total of seven items of information on each street or parking lot
on which establishment or proprietor shall count as one item of information
so long as it does not exceed seven items. If it does exceed seven
items, each additional item shall be counted against the permitted
total of seven.
r. As part of a ground sign, a motor vehicle service station may display
one changeable letter sign per frontage which lists the type and price
of any motor fuels and the same shall not be considered in any calculation
of items of information or sign area.
[Ord. No. 94-29 § 118-18.2]
Motor vehicle repair garages 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. Motor vehicle repair garages shall have a lot area of not less than
20,000 square feet with a minimum frontage of 125 feet on one street.
If the lot requirements for the zone are greater, they shall take
precedence.
b. No outdoor oil drainage pits or hydraulic lifts shall be permitted.
c. Any repair of motor vehicles shall be performed in a fully enclosed
building and no inoperative or junk vehicles shall remain on the premises
for more than 30 days.
d. All motor vehicles awaiting repair or under repair which are stored
out-of-doors shall be screened from public view by a solid fence and/or
evergreen plantings as required by the Planning Board.
e. No motor vehicle awaiting repair or under repair may be stored out-of-doors
within the required front yard area, within 20 feet of any side or
rear lot line or within 50 feet of any adjoining lot within a residential
zone.
f. No motor vehicle repair garage shall be located within 500 feet of
any public entrance to a church, school, library, hospital, fire station,
park, playground, charitable institution or place of public assemblage.
The distance shall be measured in a straight line along the center
line of streets forming the shortest route from a point opposite the
nearest boundary from the public entrance to a point opposite the
nearest boundary of the repair garage lot.
g. If gas pumps are proposed, Subsection
35-127.2, referring to motor vehicle service stations, shall also be applicable to motor vehicle repair garages.
h. The maximum lot coverage shall be 20% of the lot area.
i. The minimum unoccupied open space shall be 30% of the lot area.
[Ord. No. 94-29 § 118-18.3;
amended 12-16-2019 by Ord. No. 19-44-OAB]
Boatyards and/or marinas shall 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. No principal or accessory building shall be located closer than 50
feet to any street line or 25 feet to other property lines, except
that buildings for boat construction, repair or maintenance shall
not be located closer than 50 feet to any property line.
b. Boats shall not be stored or displayed closer than 35 feet to any
street line or 20 feet to any other property line.
c. No railway or other launching facility shall be located closer than
20 feet to any property line.
d. Adequate utilities shall be supplied to each boat slip, including
electricity, lighting and water supply.
e. No facilities for the construction of new boats shall be permitted.
f. The minimum lot area shall be 40,000 square feet.
g. A fire lane shall be provided and maintained open at all times.
[Ord. No. 94-29 § 118-18.5; Ord. No. 01-21-OAB § 33]
Mining operations shall include sand and gravel pits. The same
may be permitted in those zones specified and shall comply with the
following:
a. Maps and site plans shall be in accordance with the standards and
specifications of the Mining Ordinance of the Township of Berkeley.
b. A revised map shall be submitted yearly to the Township Council showing
those areas mined and depth excavated.
c. The application for a conditional use permit and accompanying plans
shall show that all of the regulations and specifications for mining
operations provided for in the Mining Ordinance of the Township of
Berkeley are complied with.
d. In the Pinelands Area, all mining operations shall comply with the standards set forth in §
35-153.
[Ord. No. 94-29 § 118-18.6]
Hotels and motels 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 minimum lot size shall be 60,000 square feet.
b. Minimum lot area per unit: 1,500 square feet.
c. Efficiency apartments may be permitted by the Planning Board, provided
that the applicant satisfactorily demonstrates that they will be utilized
primarily for transients.
d. Maximum lot coverage: 20%.
e. Minimum unoccupied open space: 20%.
f. No building shall be located closer than 50 feet to any property
line.
[Ord. No. 94-29 § 118-18.7]
Public utility uses, such as water towers, pumping stations,
electric substations, radio towers, transmission lines and switching
stations, 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 it is located.
c. Adequate and attractive fences and other safety devices will be provided.
d. Sufficient landscaping, including shrubs, trees and lawn, are provided
and will be periodically maintained.
e. All of the setback and building coverage requirements of the respective
zone will be met, except that no setback (front, side or rear) of
any structure shall be less than 125% of the height of the structure.
f. The proposed use shall be located on a lot of not less than 20,000
square feet.
[Added 12-16-2019 by Ord. No. 19-44-OAB]
Schools 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 setting forth full particulars on the building and/or
use shall be submitted.
b. The facility shall only be located along an arterial or collector
road as identified in the Master Plan.
c. The facility shall provide buffers as set forth in §
35-48 of this chapter.
d. The height of the facility shall not exceed the maximum height permitted
in the zone in which the facility will be built.
e. The lot upon which such use is proposed shall conform to the same standards and requirements applicable to nursery schools and day-care facilities pursuant to §
35-127.10 of this section.
[Ord. No. 94-29 § 118-18.9]
Nursery schools and day care facilities 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 setting forth full particulars on the building and/or
use is submitted.
b. The lot upon which such use is proposed shall conform to the following
standards and requirements:
1. Minimum lot area: two acres.
2. Minimum front yard setback: 100 feet.
3. Minimum side and rear yard setbacks: 50 feet.
4. Maximum lot coverage: 10%.
5. Minimum unoccupied open space: 40%.
c. Accessory buildings shall not be located closer than 30 feet to any
residential property line.
d. The proposed use shall in no way be detrimental to the surrounding
property values, and the structure or use proposed shall serve a useful
purpose in the Township and otherwise promote the general welfare
of its residents.
[Ord. No. 94-29 § 118-18.10]
Hospitals 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 hospital shall provide care to the general public without regard
to race, creed or nationality.
b. The hospital shall provide care to the poor, including the indigent,
under arrangements as may prevail from time to time with the Welfare
Board of the County of Ocean in the State of New Jersey. At no time
shall such arrangements sanction or permit the withholding of medical
care from any patient because of his economic condition in life.
c. The hospital shall be constructed and operated in compliance with
all pertinent State and Federal laws and regulations, and nothing
shall be construed or interpreted so as to waive or violate any of
the laws or regulations.
d. The hospital shall be constructed on a site consisting of not less
than 25 acres, which shall not be subdivided.
e. The following uses may be established and used in connection with
the hospital on the unsubdivided tract on which the hospital is located,
and such uses are hereby declared to be accessory uses:
1. Professional schools for the instruction of medical or related arts.
2. Structures devoted to the gathering, containing and preparation of
edibles. Such structures shall serve only the hospital and accessory
uses.
3. Structures devoted to the gathering, containing and preparation of
materials used in the operation of a laundry. Such facilities shall
serve only the hospital and its accessory uses.
4. Structures devoted to use of the storage and maintenance of such
vehicles and equipment as may be needed for the proper care of the
premises.
5. Such structures as are necessary for the storage of water.
6. Such structures and spaces as are needed for the ingress and egress
of modes of transportation, including but not limited to garages,
parking lots, emergency vehicle depots and whatever improvements as
are needed for the ingress and egress of vehicles that travel through
the air.
7. Such structures as are needed to communicate with emergency vehicles,
professional practitioners of the medical arts and other hospitals.
The structures may include an antenna that shall have the maximum
height of 30 feet higher than the maximum permitted height of the
hospital.
8. Such signs as are necessary for the identification of the uses and
to direct travel.
9. Such structures as may be necessary for the extended care of patients.
f. The maximum height of the hospital itself shall not exceed 100 feet. The maximum height of the structures provided for in Subsections
a and
b or Subsection
e5 above shall not exceed 50 feet. All other structures not expressly herein provided for shall not exceed 35 feet.
g. The front setback line shall be a minimum of 50 feet.
h. The rear setback line shall be a minimum of 30 feet.
i. The side yard setback lines shall be a minimum of 25 feet.
j. The maximum lot coverage shall be 25%.
k. Any site plan application for a hospital or any of the permitted
accessory uses shall not be required to exhibit or provide anything
which would cause the hospital to violate any State or Federal regulation
or standard to provide medical care.
l. A buffer zone of 75 feet shall be required whenever a hospital abuts
a residential zone.
[Ord. No. 96-27 § 118-18.11]
Cellular telecommunication towers operated under regulations
of the Federal Communications Commission and/or the Telecommunications
Act of 1996, shall be permitted by conditional use permit and major
site plan approval in the zoning districts specified in this chapter,
after a public hearing noticed in accordance with the Municipal Land
Use Law, and in accordance with the following conditions:
a. A freestanding cellular telecommunication tower shall be located
at a distance to any property line of at least 1 1/2 times the
height of the tower structure. For the purposes of this subsection,
the height of the tower structure shall be the positive or negative
difference between the average grade elevation at each property line
and the grade elevation at the base of the tower, plus the height
of the tower, inclusive of antennae. Where the proposed tower structure
is designed to collapse on itself rather than fall in one piece, the
Board may permit a distance to a property line of not less than one
times the height of the structure as provided above. This section
shall not be construed to permit a tower to be located at a distance
from any property line that is less than the dimension from the base
to the top of the tower structure, inclusive of antennae.
b. All cellular telecommunication towers shall be of a monopole design,
painted in earth tone colors to a height of 50 feet, and sky blue
above a height of 50 feet, to blend into the surrounding landscape.
c. The minimum lot size for the siting of a freestanding cellular telecommunication
tower shall be in accordance with the following:
Tower Height
|
Minimum Lot Area-Nonresidential Zones
|
Minimum Lot Area-Rural Residential Zones
|
---|
100 feet or less
|
1 acre
|
9 acres
|
Over 100 feet and Under 200 feet
|
3 acres
|
9 acres
|
Over 200 feet
|
9 acres
|
12 acres
|
d. Where the site proposed for a freestanding tower structure is located within a residential zone or has one or more property lines abutting or on the opposite side of a street from a residential zone or use permitted in a residential zone, large shade trees and/or existing and proposed buildings on the site shall be used to provide an angle of occlusion from the property line to the top of the structure of 50° or less 50° from the horizon line is the upper limit of the normal vertical cone of vision). To achieve the occlusion, a row of shade trees shall be preserved and/or planted pursuant to §
35-48, at 50% of the distance between the tower and the property line, and a second row at 90% of the distance between the tower and property line (see illustrations below). Transplanted trees shall have a minimum caliper of three inches, be spaced on thirty-foot centers and have a typical height at maturity of at least 50 feet.
e. The co-location of a cellular antenna on an existing water tower,
silo or equivalent vertical structure, including an existing cellular,
radio or television tower, is permitted without the need to meet conditions
b, c and d above, provided that the height of the existing structure
is not increased as a result of the attachment of the cellular structure.
A decorative disguising structure such as a clock tower may also be
approved as an alternative to conditions b, c and d at the discretion
of the Board. If the height of the existing structure is to be increased
by the attachment of the new structure, all of the conditions herein
shall apply as to a new freestanding structure.
f. Towers to be sited on developed commercial or industrial properties
shall be located to the rear of other principal buildings and shall
not encroach on planting buffers, parking areas or otherwise impair
the operation of previously approved systems such as stormwater drainage
basins. Existing buildings and structures should be used in the siting
of freestanding towers to contribute to the angle of occlusion as
illustrated above.
g. Towers to be sited on undeveloped commercial or industrial properties
shall apply the standards of condition d herein to all property lines,
including the street line, except that a driveway shall be permitted
to gain access to the facility for maintenance personnel and equipment.
h. Any building used as an accessory to the tower shall be located in
accordance with the minimum height and yard requirements of the zoning
district applicable to the site and three adjacent off-street parking
spaces shall be provided for service vehicles. All areas of the site
that are not devoted to the tower, accessory building or paved areas
and not part of the perimeter tree planting described in condition
d above shall be naturalized and/or maintained as mowed turf. Any
regrading for stormwater detention that is required by the Township
Engineer shall be accommodated in this open area.
i. As independent freestanding facilities on separate sites will not
be accessible to the public, the lighting permitted shall be the minimum
required to protect the public welfare. Facilities sited on existing
developed sites shall be incorporated into the lighting and landscaping
plans of those sites.
j. As part of the requirement for visual occlusion, the Board may require,
on sites less than three acres, a six-foot solid or semi-open decorative
wood fence on any property line or front setback line within a residential
zone or abutting or on the opposite side of the street from a residential
zone or use permitted in a residential zone. The area around the base
of all towers and accessory buildings shall be secured with a six-foot
chain link fence, provided that razor wire, barbed wire or equivalent
measures intended to cause injury shall be prohibited.
k. All towers shall comply with applicable Airport Hazard Regulations
and shall be subject to approval from the Federal Aviation Administration
for location, height and lighting to prevent interference with the
operation of the R.J. Miller Airport or otherwise threaten the public
safety.
l. Upon cessation of use of the tower site for the approved or preexisting
conditional use, the tower structure and antenna shall be removed
within one year, subject to FCC concurrence. In the case of co-located
antenna on preexisting vertical structures, this provision shall apply
to the antenna only.
m. The applicant will provide documentation that the proposed communications
facility will have electromagnetic emissions within the safety standards
established by the American National Standards Institute (ANSI: c.95.1-1992)
as amended or any superseding State or national standard in effect
on the date the conditional use permit application is submitted to
the Board.
[Added 12-16-2019 by Ord. No. 19-44-OAB; amended 10-26-2020 by Ord. No. 20-37-OAB]
Places of assembly may be permitted as a conditional use in
those zoning districts specified, provided that the lot, use and structures
shall adhere to the following:
a. The required minimum lot area shall be 10 acres.
b. The required minimum lot width shall be 200 feet.
c. The required minimum lot frontage shall be 200 feet.
d. No principal building shall be located closer than 100 feet to any
public street right-of-way.
e. No accessory building or structure shall be permitted in any front
yard, nor shall any accessory building or structure be located closer
than 30 feet to any rear or side property line.
f. The maximum permitted building coverage shall be 25%.
g. The applicant shall submit a list of proposed activities and anticipated
participants, a timetable reflecting the hours in which each building
will be used and any other pertinent uses and activities intended
to take place on the site.
h. Lots shall only be located along an arterial or collector road as
identified in the Master Plan.
i. Buffers shall be provided as set forth in §
35-48 of this chapter.
[Ord. No. 97-50 § 118-18.11]
a. Statutory Authorization, Findings of Fact, Purposes and Objectives.
1. Statutory authorization. It is the responsibility of the local government
to adopt regulations designed to promote the public health, safety
and general welfare. Such power has been delegated to the municipalities
from the legislature of the State of New Jersey. The Township Council
of the Township of Berkeley in order to better promote the public
health, safety and general welfare of its citizens does ordain, as
follows:
2. Findings of fact. Pursuant to N.J.S.A. 2C:34-2(b), the legislature
of the State of New Jersey has determined that it is a fourth degree
crime to sell, distribute, rent or exhibit material which is obscene.
Consequently, the State of New Jersey has preempted the Township from
prohibiting the sale of material which the Township believes to be
obscene. However, in order to promote the public health, safety and
general welfare of its citizens, the Township may promulgate reasonable
time, place and manner regulations with respect to the sale, distribution,
rental or exhibition of various items by sexually oriented businesses.
(a)
The Township has determined that sexually oriented businesses
have a deleterious effect on both the existing businesses adjacent
to such establishments as well as the surrounding residential areas;
cause increased crime, especially prostitution; adversely affect property
value; create an atmosphere which is inimical to the values of a significant
segment of the Township's population; encourage residents and businesses
to move elsewhere and that such sexually oriented businesses, when
located in close proximity to each other, contribute to urban blight
and downgrade the quality of life in the adjacent areas.
3. Purposes and objectives. It is the purpose of this section to regulate
sexually oriented businesses to minimize and control the adverse effects
recognized in the preceding section and to promote the public health,
safety and general welfare of the citizens of the Township. The Township
Council finds that the secondary effects of adult entertainment establishments,
as established through the reports and studies of other cities and
municipalities with the appropriate resources to conduct same, is
deleterious and inimical to health, safety and general welfare of
the residents of the municipality. It is not the purpose of this section
to restrict or deny access by adults to sexually oriented materials
protected by the First Amendment nor will this section have the effect
of restricting or denying such access.
b. Definitions. As used in this section:
ADULT ARCADE
Shall mean any place to which the public is permitted or
invited wherein coin-operated or slug-operated or electronically,
electrically or mechanically controlled still or image-producing devices
are maintained to show images to one person per machine at any one
time, and where the images so displayed are distinguished or characterized
by the depicting or describing of "specified sexual activities" or
"specified anatomical areas."
ADULT BOOKSTORE OR ADULT VIDEO STORE
Shall mean a commercial establishment which as one of its
principal business purposes offers for sale, rental or display any
one of the following:
1.
Books, magazines, periodicals or other printed material, or
photographs, films, motion pictures, video cassettes, slides or other
visual representations which depict or describe a "specified sexual
activity" or "specified anatomical area;" or still or motion picture
machines, projectors or other image-producing devices which show images
to one person per machine at any one time, and where the images so
displayed are characterized by the depiction of a "specified sexual
activity" or "specified anatomical area;" or instruments, devices
or paraphernalia which are designed for use in connection with a "specified
sexual activity;" or
2.
A commercial establishment which regularly features live performances
characterized by the exposure of a "specified anatomical area" or
by a "specified sexual activity," or which regularly shows films,
motion pictures, video cassettes, slides, or other photographic representations
which depict or describe a "specified sexual activity" or "specified
anatomical area."
ADULT MOTEL
Shall mean a hotel, motel or similar commercial establishment
which offers accommodations to the public for any form of consideration,
and which:
1.
Provides patrons with closed-circuit television transmissions,
films, motion pictures, video cassettes, slides or other photographic
reproductions which are characterized by the depiction or description
of "specified sexual activities" or "specified anatomical areas,"
and has a sign visible from a public right-of-way which advertises
the availability of this adult type of photographic reproductions;
or
2.
Offers a sleeping room for rent for a period of time that is
less than 10 hours; or
3.
Allows a tenant or occupant of a sleeping room to subrent the
room for a period of time that is less than 10 hours.
ADULT MOTION PICTURE THEATER
Shall mean a commercial establishment where, for any form
of consideration, films, motion pictures, video cassettes, slides
or similar photographic reproductions are regularly shown which are
characterized by the depiction or description of "specified sexual
activities" or "specified anatomical area." Adult motion picture theaters
shall meet the seating criteria established for adult theaters.
ADULT THEATER
Shall mean a theater, concert hall, auditorium or similar
commercial establishment which regularly features persons who appear
in a state of nudity of live performances which are characterized
by the exposure of "specified anatomical areas" or by "specified sexual
activities." Seating shall be provided in a design consistent with
traditional movie theaters. All sitting areas shall be visible and
unobstructed.
COMMERCIAL DISPLAY
Shall mean the exhibition to the senses of another person
for valuable consideration whether the valuable consideration is paid
by the recipient of the exhibition or by another, and whether the
exhibition occurs at the exhibitor's place of business or elsewhere.
OBSCENE MATERIALS
Shall mean the definition of obscene materials set forth
in c. 95, L. 1978 as amended by c. 211, Section 1, L. 1982 (effective
December 23, 1982 as N.J.S.A. 2C:34-2) as same shall be amended or
supplemented, as well as in accordance with and not more strictly
than judicial interpretations thereof pursuant to the Constitutions
of the United States and of the State of New Jersey finally concluded
in courts of jurisdiction sufficient to render decisions on constitutional
questions of general application.
PERSON
Shall mean an individual, proprietorship, partnership, corporation,
association or other legal entity.
SEXUALLY ORIENTED BUSINESS
Shall mean an adult arcade, adult bookstore or adult video
store, adult cabaret, adult motel, adult motion picture theater or
adult theater.
SPECIFIED ANATOMICAL AREA
Shall mean:
1.
Less than completely and opaquely covered human genitals, pubic
region, buttock or female breasts below a point immediately above
the top of the areola; or
2.
Human male genitals in a discernibly turgid state, even if covered.
SPECIFIED SEXUAL ACTIVITY
Shall mean:
1.
The fondling or other erotic touching of covered or uncovered
human genitals, pubic region, buttock or female breasts;
2.
Any actual or simulated act of human masturbation, sexual intercourse
or deviate sexual intercourse;
3.
Excretory functions as part of or in connection with any of
the activities set forth in Subsections a and b.
c. Location of Sexually Oriented Businesses.
1. It shall be a violation of this section if a person operates or causes
to be operated or allows to be operated a sexually oriented business:
(a)
Within 1,000 feet of a place of worship;
(b)
Within 1,000 feet of any school, whether public or private or
within 1,000 feet of any school bus stop;
(c)
Within 1,000 feet of a boundary of a growth area, village or
rural development district or zone;
(d)
Within 1,000 feet of any other sexually oriented business;
(e)
Within 1,000 feet of any residential use or zone;
(f)
Within 1,000 feet of any public park or playground.
2. Measurements shall be made in a straight line, without regard to
intervening structures or objects, from the nearest door of the structure
used as a part of the premises where a sexually oriented business
is conducted, to the nearest property line of the premises of a place
of worship, a school, a boundary of a residential district, a public
park or playground, a lot devoted to residential use or a school bus
stop.
3. A sexually oriented business lawfully operating as a conforming use
is not rendered a nonconforming use by the location, subsequent to
the establishment of the sexually oriented business, of a place of
worship, school, public area, residential district or residential
lot within 1,000 feet of the sexually oriented business.
4. Sexually oriented businesses shall conform with design standards
and development requirements established through the ordinances of
the Township of Berkeley.
d. Enforcement.
1. Any person violating any provision of this section, upon conviction,
is punishable by a fine not to exceed $1,000, or a term of imprisonment
not to exceed 90 days or both. In no event shall any person violating
this section, upon conviction, receive a fine below the amount of
$100.
[Ord. No. 01-21-OAB § 34]
Agricultural commercial establishments, excluding supermarkets,
restaurants and convenience stores, may be permitted as a conditional
use in those Pinelands Area Zones specified by this chapter, provided
that the use shall adhere to the following standards:
a. The establishment shall be an element of, and accessory to, an active
agricultural operation located on the same tract of land.
b. Principal goods or products available for sale shall be produced
in the Pinelands.
c. The total sales area of the establishment shall not exceed 5,000
square feet.
[Ord. No. 2012-16-OAB § 21]
Single-family detached dwellings which are not clustered in accordance with the standards of Subsection
35-102.1 may be permitted as a conditional use in the FAR-5, FAR-30 and FAR-30C Zones, provided that:
a. The Planning Board finds that:
1. Clustering of the proposed dwellings would be inconsistent with the
minimum environmental standards set forth at N.J.A.C. 7:50-6; or
2. Clustering of the proposed dwellings would disrupt the contiguity
of the forest ecosystem to a greater degree than non-clustered development.
b. Minimum lot size requirements:
2. FAR-30 and FAR-30C Zones: 30.0 acres.
[Ord. No. 2013-33-OAB;
amended 12-16-2019 by Ord. No. 19-44-OAB; 8-21-2023 by Ord. No. 23-28-OAB]
A home occupation may be permitted as a conditional use in residential
zones specified, provided that the use and/or structures shall adhere
to the minimum standards of the particular zone and the following:
a. There shall be no employees other than the bona fide residents of
the dwelling.
b. Customers, patients or clients shall be permitted on the premises.
c. Permitted professions and occupations shall include, but not be limited
to, architects, artists, authors or writers, members of the clergy,
engineers, lawyers, musicians, physicians, website designers, dressmaking,
millinery, light manufacturing, home cooking and preserving, and similar
domestic crafts.
d. The occupation shall be conducted entirely within the dwelling or
accessory building.
e. No sounds shall be audible outside the building.
f. Not more than one home occupation shall be permitted per dwelling
unit.
g. Not more than 650 square feet of the dwelling or 50% of the first-floor
area, whichever is less, shall be devoted to such accessory use. Basements,
cellars or any other underground building areas shall be excluded
from the total buildable area calculations.
h. No use shall require external alterations to the dwelling unit.
i. The outdoor storage of goods, materials or equipment shall be prohibited.
j. No occupation shall alter the character of the residential area in
which it is located.
k. No equipment or process shall be used that creates vibration, glare,
fumes, odors or electrical interference to neighboring property owners.
The occupation shall not interfere with the quiet enjoyment of neighboring
properties.
l. There shall be no external display of a commercial use of the residential
dwelling including, but not limited to, on-site parking of vehicles
or equipment other than parking required for the residential dwelling
which shall not interfere with residential parking on the street permitting
the home occupation.
m. Retail sales that require customers to pick up merchandise or other
purchased items on the premises shall not be conducted on the property.
n. Not more than one sign shall be permitted as set forth in Subsection
35-91.8.b.
o. Deliveries of products related to the occupation shall be limited
to courier or other services typically provided to residential neighborhoods.
Deliveries by vehicles larger than single body trucks shall be expressly
prohibited.
p. Studios for karate or dance instruction, beauty salons, barber shops,
or similar activities that generate disruptive noise or activity,
or which create a parking problem in the neighborhood are specifically
prohibited as home occupations.
q. Home occupations involving contractors in construction or other trades
and related businesses including but not limited to the following:
plumbers, electricians, appliance repair, HVAC installation, carpet
or commercial cleaning services, landscaping, courier service or any
other similar or related trade or business may cause not more than
one business-related vehicle to be parked in the private driveway
of a single-family dwelling. Said vehicle shall not have a rated capacity
exceeding 1 1/2 tons or 3,000 pounds and shall not have more
than two axles. No materials or equipment shall be loaded or unloaded
from a contractor's vehicle.
r. The use of any dwelling by a resident who is employed full-time elsewhere
and who brings home work from that employer, or who occasionally does
additional work related to either his/her primary profession, shall
not be considered a home occupation subject to the requirements of
this section and is permitted as of right as an accessory use.
s. Prior to the commencement of a permitted home occupation, a zoning permit shall be obtained from the Zoning Officer as set forth in Subsection
35-131.2 of this chapter.
[Ord. No. 2015-22-OAB § 10]
Boat sales and showrooms not in conjunction with a marina may
be permitted, provided that the following standards and conditions
are complied with:
a. Outdoor storage of inventory shall not be stored closer than 25 feet
to a right-of-way line or side or rear lot line and not closer than
10 feet to a building.
b. If adjacent to a residential zone or existing residential use, a
twenty-five-foot wide buffer area shall be provided. Said buffer areas
shall consist of evergreen plantings and/or screen fencing capable
of providing appropriate screening of the operations of the lot from
adjoining residential uses and districts.
c. One parking space shall be provided for each 200 square feet of gross
floor area.
[Ord. No. 2015-22-OAB § 10]
The offices of contractors and craftsmen subject to the following
standards:
a. The outdoor storage or display of vehicles, equipment and material
shall be permitted provided same is located within the rear yard and
setback minimum of 10 feet from any side or rear property line. Vehicles,
equipment and material shall be fenced and shall not be permitted
in a front or side yard.
b. A twenty-five-foot wide landscaped buffer shall be provided to any
and all adjoining residential zones or properties, which may abut
the outdoor storage area.
[Ord. No. 2015-22-OAB § 10]
Bed and Breakfast operations subject to the following standards:
a. Bed and Breakfast establishments must be accommodated solely in a
single-family dwelling which has been converted for such use and licensed
by the New Jersey State Department of Community Affairs as a Bed and
Breakfast establishment.
b. The Bed and Breakfast establishment must be occupied by the owner
of the facility as his or her place of residence during any time that
the facility is used for the lodging of guests.
c. The Bed and Breakfast establishment shall have a maximum of four
guest rooms accommodating no more than eight guests. Guest stays shall
not exceed 30 days during any 60 calendar day period.
d. Breakfast is the only meal to be served and shall be provided only
to the registered guests of the Bed and Breakfast establishment. No
food or beverages of any kind shall be served or sold to the general
public.
e. Cooking facilities and smoking is prohibited in guest rooms.
f. Sufficient off-street parking shall be provided on the lot to accommodate
all guests and, in any case, one space per each guest room, plus two
spaces for the permanent living quarters of the owner shall be provided
at minimum. Off-street parking spaces shall be located in a side and/or
rear yard. Parking is prohibited in the front yard. All parking areas
and driveways shall be set back at least five feet from side property
lines and at least 10 feet from the rear property line. The yard areas
adjacent to parking spaces and driveways shall be landscaped to provide
natural year-round screening from adjacent properties.
g. One sign is permitted, either attached or freestanding but not both, measuring no more than six square feet; provided however that the maximum height of any freestanding sign shall be three feet from the ground level. Signs shall conform to all other applicable provisions of §
35-91.
h. The residential character of the lot and dwelling shall not be changed.
If additions or expansions to the principal dwelling are proposed,
such additions or expansions shall maintain the architectural style
and facade of the principal dwelling.
i. The facility shall not operate as a rooming house or boarding house
as defined by N.J.S.A. 55:138-3.
j. Every Bed and Breakfast establishment shall maintain a guest register
listing the name and permanent address of all guests, dates of arrival
and departure, and the license plate identification number of any
motor vehicle utilized by a guest.
k. Bed and Breakfast establishments shall meet the bulk requirements
of the zoning district in which it is located, or the following schedule
of bulk requirements, whichever is more stringent:
Regulation
|
B&B
|
---|
Minimum lot area (square feet)
|
5,000
|
Minimum lot frontage (feet)
|
50
|
Minimum front setback7 (feet)
|
358
|
Minimum rear setback (feet)
|
20
|
Minimum side setback (feet)
|
5
|
Minimum both sides (feet)
|
15
|
Minimum floor area (square feet)
|
N/A
|
Maximum lot coverage (%)
|
35
|
Maximum structure height (feet)
|
35
|
Accessory Buildings9
|
|
Minimum rear setback (feet)
|
5
|
Minimum side setback (feet)
|
5
|
[Ord. No. 2015-22-OAB § 10]
Commercial recreation facilities, provided that:
a. Area shall be not less than 75 contiguous acres.
b. Not more than 25% of the gross land area shall be covered by building.
c. At least 10% of the gross land area shall be devoted to open areas,
i.e., areas not covered by buildings or pavement which may be used
for active or passive outdoor recreation.
d. No structure shall be closer than 50 feet to any boundary line of
the site. No pavement shall be closer than 20 feet to any perimeter
property line.
e. No structure shall be more than 35 feet in height.
f. The continued use of the facility shall be subject to the operator
obtaining an annual license.
g. In the event that the facility is to be used for automobile racing, i.e., a facility used to race automobiles or other motor-driven vehicles against each other or against time, the use shall be only in accordance with the ordinance entitled "An Ordinance Providing for the Licensing of Motor Vehicle Racing Facilities and Racing Vehicles and Providing Standards for Same and Penalties for Violations," and amendments thereto of the Township of Berkeley. (See Chapter
5, General Licensing, §
5-24, Racing Facilities and Vehicles.) The site plan application shall demonstrate that the site incorporates design features which can be expected to result in compliance with the noise standards of that section.
[Ord. No. 2015-22-OAB § 10]
Special development standards for industrial parks shall occur
only in accordance with an approved overall plan of not less than
10 acres. Construction may be staged and may occur after approval
of overall plan, provided that:
a. Adherence to the approved plan shall be a condition of approval.
b. No individual lot of less than 40,000 square feet shall be created.
c. Initial construction shall contain not less than 5,000 square feet
of gross floor area for each individual building.
d. An industrial park shall be developed at a rate of not less than
two acres at one time.
e. The plans for the building to be erected in an industrial park shall
also be submitted with the site plan and approved prior to the issuance
of a building permit.
f. In accordance with the standards of this chapter, each use located
in the Industrial Park Zone shall provide truck loading and unloading
facilities on the same lot and in other than the required front yard
so as to permit the transfer of goods in other than a public street
or front yard area.
g. All industrial park activities or processes shall take place within
an enclosed building. Storage out-of-doors shall be shielded from
any public street or adjacent residence zone by fencing, landscaping
or other appropriate measure.
h. In addition to the above requirements, industrial parks shall meet
the following bulk requirements:
1. Minimum Lot Frontage: 400 feet.
2. Minimum Front Setback: 100 feet.
3. Minimum Rear Setback: 50 feet.
4. Minimum Side Setback: 50 feet.
5. Setback Minimum for Both Sides: 100 feet.
6. Minimum Rear Accessory Setback: 50 feet.
7. Minimum Side Accessory Setback: 50 feet.
8. Maximum Lot Coverage: 25%.
9. Maximum Building and Structure Height: 35 feet.
[Added 12-16-2019 by Ord.
No. 19-44-OAB]
Breweries, distilleries and wineries 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. No brewery, distillery or winery, shall be located within 500 feet
of a school.
b. No brewery, distillery or winery, shall be located within 500 feet
of a restaurant or bar existing as of November 1, 2019.
c. Outdoor seating shall be appropriately screened, or buffering will
be provided either with fencing and/or landscaping as deemed necessary
and specifically approved by the approving authority. Outdoor seating
must comply with ADA accessibility requirements of N.J.A.C. 5:23-7.
d. They comply with the off-street parking and loading requirements of §§
35-62,
35-63 and
35-64 herein as they pertain to bars.
e. They comply with the sidewalk maintenance, ROW encroachment and pedestrian traffic requirements in §
17-3 of the General Code.
f. They comply with the requirements of §
35-48 herein regarding buffers, screening and landscaping where abutting residential dwellings and residential zoning districts.
g. They comply with the requirements of §
35-91 herein regarding signs.
h. They comply with the general bulk requirements of the zoning district
in which they are located.
i. Breweries, distilleries and wineries comply with the requirements
of N.J.S.A. 33:1-10.
[Added 12-16-2019 by Ord.
No. 19-44-OAB]
A medical marijuana treatment center (MMTC) or alternative treatment
center (ATC) shall be subject to the following standards:
a. Minimum distance from any school, day-care facility, or place of
assembly shall be 1,000 linear feet measured lot line to lot line.
b. Minimum distance from a residential zone shall be 300 linear feet
measured lot line to lot line.
c. Maximum hours of operation shall be no earlier than 8:00 a.m. and
no later than 7:00 p.m.
d. Prescriptions may be filled by appointment and in office only; drive-through
facilities are not permitted.
e. The reviewing board shall be satisfied that the off-tract circulation,
and access to and from the site are adequate.
f. Minimum lot width shall be 200 feet, minimum lot size shall be one
acre, and minimum rear and side yard setbacks shall be 40 feet; minimum
front yard setback shall be 50 feet, 25 feet of which shall be appropriately
landscaped and buffered.
g. No building shall exceed 35 feet in height. Not more than 50% of
the lot area shall be occupied by buildings, parking areas, driveways,
sidewalks and other paved or impervious areas.
h. Off-street parking shall be provided in accordance with Subsection
35-63.12 herein.
i. An alternative treatment center site management plan is required
for an ATC and shall address at a minimum vehicle traffic control,
and methods and designs to prevent loitering and promote public safety.
j. Signage shall be permitted and regulated as a business sign in accordance with Subsection
35-91.11 herein. Signs shall conform to all other applicable provisions of §
35-91 herein.
k. The use shall not be any closer than 2,000 feet from a behavioral
health care facility or residential medical detoxification center,
or from another medical marijuana treatment facility or alternative
treatment center.
[Added 12-16-2019 by Ord.
No. 19-44-OAB]
A behavioral health care facility or residential medical detoxification
center shall be subject to the following standards:
a. Such facility shall meet all of the requirements for the licensure
by the Department of Human Services, State of New Jersey.
b. The number of patients served at the location of the facility shall
not exceed 50 persons.
c. The use shall not be combined with a single-family detached, manufacturing,
or industrial use.
d. Minimum lot width shall be not less than 150 feet, minimum lot size
shall be one acre, and minimum lot frontage shall be 150 feet.
e. Minimum front yard setback shall be not less than 50 feet, of which
25 feet shall be appropriately buffered, and minimum rear and side
yard setbacks shall be 40 feet.
f. The use shall not be any closer than 2,000 feet from a medical marijuana
treatment facility or alternative treatment center, or from another
behavioral health care facility or residential medical detoxification
center.
g. The use shall not be any closer than 1,000 feet from a residential
district or use.
h. The use shall not be located within 1,000 feet of the property line
of any place of assembly, school, day care facility, or public park.
i. Signage shall be permitted and regulated as a business sign in accordance with Subsection
35-91.11 herein. Signs shall conform to all other applicable provisions of §
35-91 herein.
j. Off-street parking shall be provided in accordance with Subsection
35-63.12 herein.
[Ord. No. 09-07-OA § 3]
Campgrounds, where listed as a permitted use in this chapter,
shall comply with the following supplemental requirements.
[Ord. No. 09-07-OA § 3]
The following words and terms, when used in this section, shall
have the following meanings unless the context clearly indicates otherwise:
CAMPER
Shall mean a portable structure, which is self-propelled
or mounted on or towed by another vehicle, and which is designated
and used for temporary living for travel, recreation, vacation. Camper
does not include mobile homes.
CAMPGROUND
Shall mean a plot of ground upon which two or more campsites are located, established or maintained for occupancy by camping units of the general public as temporary living quarters for children or adults, or both, pursuant to the provisions and limitations of Subsection
35-128.7 of this section, for recreation, education or vacation purposes.
CAMPING UNIT
Shall mean any tent or camping vehicle located temporarily
on a campsite, or a cabin, lean-to or similar structure established
or maintained and operated in a campground as temporary living quarters
for children or adults, or both, for recreational, educational or
vacation purposes, but not including any camping unit kept by its
owner on land occupied by him in connection with his dwelling or any
camping unit which is not occupied and which is kept at a campground
for storage purposes only at a location reserved for the storage of
such camping units.
CAMPSITE
Shall mean a place used or suitable for camping on which
a temporary shelter such as a tent or camper may be placed and occupied
on a temporary and seasonal basis.
FIFTH WHEEL TRAILER
Shall mean a recreational vehicle designed to be towed by
a motorized vehicle containing a towing mechanism mounted above or
forward of the tow vehicle's rear axle.
MOTOR HOME
Shall mean a recreational vehicle built on or permanently
attached to a self-propelled motor vehicle chassis, chassis cab or
van that is an integral part of the completed vehicle.
OWNER
Shall mean the person or persons having legal authority to
permit the occupancy of a public campground by campers.
PARK TRAILER
Shall mean a recreational vehicle that is built on a single
chassis mounted on wheels and certified by the manufacturer as complying
with the American National Standards Institute standard A119.5. (See
American National Standard Institute's Recreational Vehicle Industry
Association, 1896 Preston White Drive, Reston, VA 22090.)
RECREATIONAL VEHICLE
Shall mean a vehicular-type unit primarily designed as temporary
living quarters for recreational camping or travel use. The vehicle
shall have either its own motive power or be mounted on or towed by
another vehicle. Recreational vehicles include, but are not limited
to, camping trailers, fifth wheel trailers, motor homes, park trailers,
travel trailers, and truck campers.
RESPONSIBLE PARTY
Shall mean a person who is 18 years of age or older, who
shall be accountable to the public campground owner for the actions
of all campers in his or her party.
TRAVEL TRAILER
Shall mean a recreational vehicle designed to be towed by
a motorized vehicle containing a towing mechanism which is mounted
behind the tow vehicle's bumper.
TRUCK CAMPER
Shall mean a recreational vehicle consisting of a roof, floor,
and sides, designed to be loaded onto and unloaded from the bed of
a pickup truck.
[Ord. No. 09-07-OA § 3]
Each public campground shall have convenient access for the
entry and exit of traffic from the public highway.
[Ord. No. 09-07-OA § 3]
a. Service roads within a public campground shall permit convenient
and safe movement of traffic. Service roads, constructed after July
15, 1996, shall have a width of at least 10 feet per traffic lane
and eight feet per parallel parking lane. Curves on such service roads
shall have a minimum internal radius of 25 feet. Turnabouts shall
be provided for all dead-end driveways over 100 feet in length. Turnabouts
designed for recreational vehicles shall have a minimum internal radius
of 25 feet.
b. Service roads and parking areas shall be maintained free of potholes,
dust nuisance, and safety hazards.
[Ord. No. 09-07-OA § 3]
a. Campsites shall be located at least 50 feet from any public highway
right-of-way.
b. Campsites shall be located at least 10 feet from any property line.
[Ord. No. 09-07-OA § 3]
a. Each campsite shall be well-drained, with no pooling of water, and
shall provide sufficient open and graded space for the accommodation
of camping units.
b. Each campsite shall provide parking space for an automobile which
space shall not interfere with the convenient and safe movement of
traffic.
c. Unless necessary to meet the requirements of this chapter, trees,
underbrush, large rocks and vegetative cover shall be left intact,
in order to ensure privacy, facilitate drainage, prevent erosion and
preserve the scenery.
d. Ancillary recreation facilities, such as ball fields, canoe/kayak storage and launching facilities, swimming pools, tennis courts, etc. are permitted in accordance with the provisions of Article
XV, Site Plan Approval.
[Ord. No. 09-07-OA § 3]
a. The minimum tract size for a campground shall be eight acres. The
tract may be located in multiple zoning districts, provided that the
campground use is permitted in each zoning district within which the
minimum tract area is located.
b. Density shall not exceed 200 persons and 20 campsites per acre, inclusive
of service roads, toilet buildings, and all other buildings.
c. Each campsite shall consist of a minimum of 900 square feet, including
the parking space.
[Ord. No. 09-07-OA § 3]
a. The public campground owner shall require the responsible party to
register prior to occupancy and to provide the following information:
1. The name of the responsible party;
2. The permanent address of the responsible party;
3. The make and model of vehicle, state of vehicle registration, and
vehicle license tag number;
4. The number of persons in the party;
6. The signature of the responsible party; and
7. Permanent home telephone number.
b. Public campgrounds shall not be used for the purpose of domicile
or residence. The public campground owner shall take such measures
as are necessary to prevent the use of any camping unit within a campground
for domicile or residence.
c. Policies and procedures shall be established by the public campground
owner to effectively implement the provisions of this chapter. Such
policies and procedures shall be reflected in all lease agreements.