Borough of Ship Bottom, NJ Conditional Uses

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[Ord. 93-5 § 601, 1993; amended by Ord. 2002-11 § 4, 2002]

In recognition of the fact that certain necessary uses and operations may be, or may become, inimical to the health, safety and general welfare of the public if located without special consideration to the relationship with and the affect upon the surrounding area and uses therein, procedures and regulations are established for conditional use permits to be issued upon approval of a conditional use in accordance with the specific provisions of this title as provided under N.J.S.A. 40:55D-67. No permit for any of the uses specified in this title shall be granted unless the use is designated as a conditional use in the zone where it is to be located or until a use variance is granted for the proposed use if it is to be located in a zone where it is not designated as a conditional use. A permit under this chapter shall be required for the uses set forth in this section even if they are permitted uses in the zone where located. The standards and requirements found in this section are established as minimum requirements supplementary to all other requirements of this title pertaining to performance standards, off-street parking facilities, signs, fences and buffers.

Before a construction permit or certificate of occupancy shall be issued for any conditional use as permitted by this title, application for a conditional use permit shall be made to the land use review board. The review by the board of a conditional use shall include any required site plan review pursuant to this title. Public notice and a hearing shall be required as stipulated in this title. No conditional use permit shall be issued unless the board has granted approval of the site plan and the proposed use conforms to all the standards established for the specific use.

A conditional use permit may include such additional conditions and safeguards as may be deemed by the land use review board to be advisable and necessary to accomplish the following purposes:

To insure that such use will be in harmony with the general intent and purpose of this title;

To insure that such use will not affect adversely the character of the zone nor the conservation of property values, nor the health and safety of residents on adjacent properties and in the general neighborhood; and

To insure that such use will be organized and arranged so that vehicular and pedestrian traffic to and from such use will not create undue congestion or hazards prejudicial to the character of the general neighborhood.

Commercial Marinas.

Commercial marinas shall be permitted as conditional uses on any lot within the R-2 district which has frontage on the waters of Little Egg Harbor Bay, Manahawkin Bay or Barnegat Bay provided that the requirements of this subsection have been met.

The minimum lot size shall be 20,000 square feet and the minimum lot frontage on navigable water, exclusive of any lagoon perimeter, shall be 200 feet.

The minimum front yard for any principal or accessory structure shall be 15 feet, the minimum side yard for any principal or accessory structure shall be 10 feet, and the minimum rear yard for any principal or accessory structure shall be 20 feet.

Permitted accessory uses associated with commercial marinas are as follows:

Maintenance repair, refinishing, rebuilding, alteration of boats, including necessary engine work and rebuilding; provided however, that any such activities shall not unreasonably involve noise, dirt, pollution of air or water, or smoke, or any combination thereof;

Sale of prepackaged foods and beverages, boat fittings, marine supplies and accessories, fishing equipment and bait and petroleum products, provided that no pump or storage facility for boat fuel shall be closer than 35 feet to any property line, except a property line which is a common line between two marinas;

The dry storage of new or used boats as an accessory use of marine sales and service provided that enclosed boat storage shall not exceed three stories or 32 feet. Storage which is not enclosed and is defined as open storage shall not exceed 16 feet in height and shall not exceed three tiers of boats. Such open storage shall not be closer than 15 feet to any lot line. No such storage shall be permitted except on a lot having a minimum of 25% of the total area reserved for off-street parking with adequate ingress and egress.

The details required for site plan review, in addition to those required in Chapter 16.80, shall show all structures, pathways, storage areas, docks, restrooms, pump out stations, ramps, pumps and parking areas on site.

Marine related activities shall provide parking at the ratio of one parking space for every 1,000 square feet or fraction of net habitable floor area used for inside or outside storage or drydock plus one space for every 250 square feet or fraction of net habitable floor area used for offices plus one space for every vehicle owned and/or operated by the use operating from the site.

All of the other area, yard and general requirements of the R-2 zone and other applicable requirements of this title must be met.

(Reserved)

Fast Food Convenience Stores and Fast Food Restaurants.

The use shall be conducted within a totally enclosed, permanent building.

The minimum lot size shall be 10,000 square feet, the minimum lot frontage and width shall be 100 feet, and the minimum lot depth shall be 100 feet. The front yard minimum shall be 15 feet, the side yard minimum shall be five feet, and the rear yard minimum shall be 10 feet, except at least a ten-foot setback shall be required along any common property line with a residential use or district which shall be appropriately landscaped with an evergreen buffer, and bermed if necessary, to provide sufficient screening.

The maximum building coverage shall be 30% and the maximum lot coverage shall be 80%. All areas not utilized for buildings, parking, loading, access aisles and driveways or pedestrian walkways shall be suitably landscaped with shrubs, ground cover, seeding or plantings and maintained in good condition. In any case, at least the first five feet adjacent to any street line shall be planted and maintained in ground cover and landscaped with a mixture of native shrubbery.

There shall be no manufacturing. Additionally, there shall be no processing or assembling except that which is incidental and essential to the food enterprise, such as the assembling of sandwiches, and only when the processed or assembled merchandise is sold at retail on the premises.

All fast food restaurants and fast food convenience stores shall provide separate public restroom facilities easily accessible from the interior of the building for male and female customer use.

The hours of operation shall be no longer than 21 hours per day and the facility shall be closed between the hours of 2:00 a.m. and 5:00 a.m., at the minimum.

Ingress and egress shall be provided from a nonresidential arterial or collector street. Adequate on-site parking shall be provided either at a ratio of one space for every 100 square feet of net habitable floor area, exclusive of storage areas and restrooms, or one space for every three seats, whichever results in a greater requirement, plus additional parking for employees as necessary.

A loading zone shall be provided for off-street loading at the side or rear of the building. There shall be at least one off-street loading space for every building. Each loading space shall be at least 15 feet in width and 40 feet in length with adequate ingress and egress from a public street. There shall be no loading and unloading from the street.

There shall be at least one trash and garbage pick-up location provided by each building which shall be separated from the parking spaces by a location outside the building which shall be a steel-like, totally enclosed container which shall be placed on a concrete pad and enclosed by an eight-foot by eight-foot fenced in area six feet high with an opening front gate to be located at least five feet inside the property line.

10.

All of the other area, yard and general requirements of the GC zone and other applicable requirements of this title must be met.

Garden Centers.

For purposes of this title, garden centers are those principal uses engaged in the retail sales of living plant material and related garden equipment. Outside storage, sale or display areas shall not exceed four times the building coverage and shall be used for storage, sale and display of living plant material.

The minimum lot size for any garden center shall be 10,000 square feet and the minimum lot frontage and width shall be 150 feet. The front yard minimum shall be 10 feet and the side and rear yard minimums shall be 15 feet.

The maximum building coverage shall be 30% and the maximum lot coverage shall be 80%. All areas not utilized for building, parking, access aisles and driveways or pedestrian walkways shall be suitably landscaped with shrubs, ground cover, seeding or plantings and maintained in good condition.

Garden centers shall provide parking at the ratio of six spaces for every 1,000 square feet of net habitable floor area of the buildings plus one space for every 2,000 square feet of outside storage, sale or display area.

All of the other area, yard and general requirements of the respective zone and other applicable requirements of this title must be met.

Public Utility Uses.

For purposes of this title the term "public utility uses" includes such uses as telephone dial equipment centers, power substations and other utilities serving the public, such as sewage treatment plants, but shall exclude dumps and sanitary landfills.

The proposed installation in a specific location must be necessary for the satisfactory provision of service by the utility to the neighborhood or area in which the particular use is located.

The design of any building in connection with such facilities must not adversely affect the safe, comfortable enjoyment of property rights in the surrounding area.

Adequate fences and other safety devices must be provided as may be required. Fences, when used to enclose public utility facilities such as electrical power substations, shall be built in accordance with the applicable requirements of the New Jersey Board of Public Utility Commissioners and the National Electrical Code in effect at the time of the construction.

The maximum building coverage shall be 35% and the maximum lot coverage shall be 75%. Landscaping, including shrubs, trees and lawns, shall be provided and maintained.

Off-street parking shall be provided as determined by the land use review board during site plan review.

Satellite Dish Antennae.

The purposes of this subsection are to promote communication within the Borough in a manner which will properly safeguard the public health, safety and welfare, by permitting the use of satellite dish antennae as conditional uses in all zones, such antennae to be installed in an unobtrusive manner so as not to interfere with the intent and purpose of the zone plan. Applications for installation or construction of satellite dish antennae shall be subject to the minor site plan review provisions set forth in Section 16.80.020 of this title, and the construction permit provisions set forth in Section 16.88.030(B).

Installation or construction of satellite dish antennae shall be subject to the following minimum requirements:

A satellite dish antenna shall function only as a receiving station and not as a transmitting station except, subject to the following requirements, an antenna used by an amateur radio operator licensed by the Federal Communications Commission is permitted, provided that the antenna is permitted only at the authorized transmitting location.

A satellite dish antenna may not be placed on any lot which does not contain a permitted principal structure.

A satellite dish antenna shall be ground-mounted in the rear yard area of a lot and shall be located in conformity with the rear yard and side yard setback requirements for a permitted accessory structure in the zoning district in which the lot is located; except that, in cases where the applicant can demonstrate that locating the satellite dish antenna in the rear yard is impracticable or would prevent the otherwise proper functioning of the satellite dish antenna, the board may approve an alternate location as listed in this section below in order of municipal preference, based upon the testimony offered by the applicant:

A satellite dish antenna may be ground-mounted in the side yard area of the lot and shall be located in conformity with the side yard setback requirements for permitted accessory structures and the front yard setback requirements for a permitted principal structure in the zoning district in which the lot is located; or

ii.

As a second preferred alternate, a satellite dish antenna may be roof-mounted, provided that the bottom of the satellite dish antenna shall not extend more than one foot above the roof line where mounted, is no larger than three feet in diameter, and is located toward the rear of the structure away from the street line.

A satellite dish antenna shall not exceed 12 feet in diameter and, unless impracticable, shall be of the aluminum mesh type.

No ground-mounted satellite dish antenna shall extend higher than 15 feet above ground level.

A ground-mounted satellite dish antenna shall be screened from adjacent properties to the extent possible and practical with nondeciduous plantings. To the greatest extent possible, all satellite dish antennas shall blend with the immediate surrounding area, including the color of the roof if roof-mounted.

No lot shall have more than one satellite dish antenna. Wires and cables running between the ground-mounted antenna and any structure shall be properly installed underground in accordance with the Uniform Construction Code. Additionally, the installation of the satellite dish antenna shall meet all local, state and federal requirements, including those contained in the Uniform Construction Code.

Portable mounted satellite dish antennas are prohibited.

Satellite dish antennas shall be installed or constructed in a manner so as not to interfere with television, radio or similar reception in adjacent and nearby areas and shall meet all state and federal requirements.

Service Stations.

The minimum lot size for service stations shall be 16,000 square feet, the minimum frontage shall be 160 feet, and the minimum depth shall be 100 feet. The minimum front yard setback shall be 30 feet for any structure except permitted signs, the minimum side yard setback shall be 20 feet for any structure, and the minimum rear yard setback shall be 15 feet for any structure or parking area.

No service station shall be located within 200 feet of any fire house, school, playground, church, hospital, public building or institution. No service station shall be located within 400 feet of any other service station. A minimum forty-foot setback with a minimum five-foot wide planted buffer within the setback is required between any building on a lot utilized for a service station and any residential use or district.

All appliances, pits, storage areas and trash facilities other than gasoline filling pumps or air pumps shall be within a building except as approved by the board as part of a site plan application. Gasoline filling pumps and air pump islands shall be a minimum of 20 feet apart. All lubrication, repair or similar activities shall be performed in a fully enclosed building and no dismantled parts shall be displayed outside of an enclosed building.

No junked motor vehicle or part of such vehicle shall be permitted on the premises of any service station. Moreover, no more than six motor vehicles may be located upon any service station premises outside of a closed or roofed building in a screened area to the rear of the service station for a period of time not to exceed 15 days, providing that the owners of such vehicles are awaiting their repair.

The maximum building coverage shall be 30% and the maximum lot coverage shall be 80%. Landscaping shall be provided in the front yard area and shall be reasonably distributed throughout the entire front yard area.

The exterior display and parking of motor vehicles, trailers, boats or other similar equipment for sale shall not be permitted as part of a service station. There shall be no outside display or storage of merchandise, product, equipment or similar material or objects unless specifically approved by the board as part of a site plan application or unless a permit is issued for such use by the Borough.

Service stations shall provide at least six off-street parking spaces for the first lift, wheel alignment pit or similar work area, five spaces for a second work area, and an additional three spaces for each additional work area; or one marked parking space for every 1,000 square feet of lot area, whichever provides the greater number except that no more than 20 parking spaces shall be provided for any service station use. Such spaces shall be separated from the driveway and general apron areas which give access to the gasoline and air pumps and service areas. No designated parking space shall obstruct access to such facilities. No parking shall be permitted on unpaved areas nor within five feet of any property line. Driveways shall be a minimum of 10 feet from all lot lines, street intersections and other driveways on the same lot.

Service stations shall provide one public restroom facility for male use and one public restroom facility for female use.

Food marts, where the resale of food items requires additional floor area above and beyond that which is customarily necessary for a service station, shall be considered "fast food convenience stores" and are not permitted as part of a service station.

10.

Service stations may be permitted one freestanding sign and one sign attached flat against the building. The freestanding sign shall not exceed an area of 50 square feet and shall be set back at least 10 feet from all street rights-of-way and lot lines. The attached sign shall not exceed 30 square feet in area.

11.

All of the other area, yard and general requirements of the GC zone and other applicable requirements of this title must be met.

Townhouses and Apartments.

The minimum tract size for townhouses and/or apartments shall be 43,560 square feet, exclusive of any existing street right-of-way, the minimum contiguous frontage shall be 150 feet, and the minimum tract depth shall be 200 feet. The maximum tract coverage shall be 80%, and the maximum building coverage shall be 35%.

The maximum number of dwelling units shall be computed on the basis of eight dwelling units per acre. It is the specific intent of this title that no structure be constructed on any wetlands, marshes and/or environmentally critical areas.

Minimum distance between townhouse and apartment buildings shall be measured horizontally in feet and shall be measured away from the front, side and rear of each building. The total minimum separation between the buildings shall be the sum of the two abutting distances. The minimum distances shall be 25 feet for the front of a building on a public street and 10 feet for the front of a building on a private street and 25 feet for the side and rear of a building. No portion of any building shall be closer to any portion of any other building than the combined distances of the abutting requirements for each building, providing that the corner of a building off-set more than a 20° angle from a line drawn parallel to another building shall be considered a side of the building. In addition, no building shall be located closer than 25 feet from the right-of-way line of any street, or 10 feet from any private road or parking area.

Land equal to a minimum of 200 square feet per dwelling unit shall be provided and shall be specifically set aside for open space and recreation with a minimum size of 40 feet by 40 feet. Land utilized for street rights-of-way or detention or retention basins shall not be included as part of the minimum required open space. The open space shall be held either individually as part of a fee simple townhouse lot or in common ownership by a non-profit homeowners' association.

In its preparation of the set-side common open space and the purposes proposed for its use, the developer shall be guided by the recommendations contained within the Borough master plan prepared by the land use review board. The required open space shall be appropriately landscaped and provide for adequate ancillary recreational facilities as deemed desirable during site plan review. A minimum distance of 30 feet between any active recreation facility and any property line or residential building shall be provided. Access to the open space shall be provided from every dwelling unit.

If open space is not incorporated into individual lots, the developer shall provide for and establish a locally constituted homeowners' association for the ownership and maintenance of the common open space and any other improvements not accepted by the Borough on an individual lot. Such organization shall not be dissolved, nor shall it dispose of any common open space by sale or otherwise, except to another organization concerned and established to own and maintain the common areas. Homeowners' associations or other open space organizations shall be governed by the provisions of Section 16.64.020 of this title. Deed restrictions shall be established prohibiting in perpetuity any land designated for common open space from being used for other purposes, and such documents shall be reviewed by the land use review board attorney.

All townhouse and apartment dwelling units shall be connected to approved functioning water and sanitary sewer systems. All utilities shall be stored underground. Additionally, the developer shall install roads, driveways, guest parking facilities, streetlights, fire hydrants, landscaping and recreation facilities, and other site improvements such as drainage facilities, as appropriate for the townhouse or apartment complex and as provided for major subdivisions and site plans pursuant to the municipal land use law and Borough land development ordinances, including guarantees.

The provisions governing townhouses and apartments in Section 16.64.010 of this title shall be met.

The proposed residential development shall be designed in a manner which addresses its relationship with and is compatible with the existing development in the vicinity of the tract so the proposed residential development serves as a transition between existing residential uses and districts and nonresidential uses and districts.

All required parking shall be accommodated on-site and off-street. Townhouses and apartments shall provide two spaces for each dwelling unit. Each one-car garage space and the driveway leading to the garage space shall, together, be considered one parking space. See Section 16.52.080 for additional standards.

All portions of the tract not utilized by buildings or paved surfaces shall be landscaped, utilizing combinations such as landscaped fencing, shrubbery, lawn area, ground cover, rock formations, contours, existing foliage, and the planting of conifers and/or deciduous trees native to the New Jersey seashore, such as Japanese Pine, bayberry bushes and beach plum, in order to either maintain or reestablish the tone of the vegetation in the area and lessen the visual impact of the structures and paved areas. The proposed landscape plan shall be submitted with the site plan application for review and approval by the board.

10.

Each townhouse and/or apartment development may have one sign along each road which the tract in question abuts, provided there exists at least 200 feet of unbroken frontage. Such signs shall not exceed 10 feet in height, shall be set back from the street rights-of-way, property lines, and driveways at least 10 feet, and shall not exceed an area of 25 square feet and shall be used to display the development's name. See Section 16.52.130 for additional standards.

11.

Adequate trash, garbage and recycling pick-up stations shall be provided at appropriate and convenient locations and at least 30 feet from any residential structure, and shall be provided within a totally enclosed container located in a manner to be obscured from view from parking areas, streets and adjacent residential uses by a fence, wall, planting or combination of the three.

12.

No construction permit shall be issued for any townhouse dwelling unit or accessory deck, patio or fence of the townhouse unit unless the proposed construction is in accordance with the originally approved final site plan or amendment thereto, which shall include homeowners' association bylaws and resolutions governing the provisions for accessory decks, patios and fences; and this condition shall be recited in the deed of the subdivided lot. No application for a construction permit will be accepted for processing unless accompanied by a statement from the homeowners' association that the proposed construction has been approved by the homeowners' association.

If the homeowners' association bylaws or resolutions of the association, which were approved as part of a final site plan or by subsequent amendment to a prior site plan approval, govern provisions for the addition, extension or alteration of accessory decks, patios and fences, then a construction permit for such addition, extension or alteration shall not require site plan approval. The foregoing shall in no way affect the responsibility of an applicant to submit to the Borough the necessary information, including a letter of approval from the homeowners' association, and receive the necessary approvals as may be required pursuant to other ordinances.