In recognition of the fact that certain uses and operations may be or may become inimical to the safety and general welfare of the public if located without special consideration of their relationship with and effect upon the surrounding area and uses therein, procedures and regulations are hereby established for conditional use permits to be granted as a conditional use to certain provisions of this chapter as provided under State Law and N.J.S. 40: 55D-67. No permit for any of the uses specified herein shall be granted unless the use is designated as a conditional use in the zone where it is to be located or until a 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 section shall be required for the uses hereinafter specified even if they are permitted uses in the zone where located so as to insure they have met the minimum requirements set forth.
The following standards and requirements are hereby established as minimum requirements supplemental to all other requirements of this chapter and other applicable borough ordinances pertaining to performance standards, off-street parking facilities, signs, fences and buffers:
A. 
Public and private nonprofit educational facilities. Public and private schools, including institutions of higher learning, may be permitted in specified zones only upon receipt of a conditional use permit, provided that the following standards are met, together with any other requirements deemed necessary by the reviewing board and any other applicable requirements of this chapter.
(1) 
The curriculum of the proposed school shall meet the minimum standards of the New Jersey Department of Education.
(2) 
A school site shall have direct access only on an existing or proposed secondary arterial or collector road as indicated on the Borough Master Plan.
(3) 
No building shall be located nearer than 100 feet to any property line.
(4) 
The minimum street frontage shall be 500 feet.
(5) 
No play area shall be located nearer than 50 feet to any adjoining residential property.
(6) 
No school premises shall be located nearer than 500 feet to any gasoline filling station measured by a straight line between nearest property lines.
B. 
Hospitals and nursing homes. Hospitals and nursing homes may be permitted in specified zones only upon the receipt of a conditional use permit, provided that the following standards are met, together with any other requirements deemed necessary by the reviewing board and any other applicable requirements of this chapter.
(1) 
The minimum site area shall be three acres and the minimum frontage shall be 250 feet.
(2) 
The site shall have direct access to a secondary arterial road as indicated on the Borough Master Plan.
(3) 
No building shall be located nearer than 100 feet to any property line.
(4) 
No vehicular access shall be permitted onto any road not classified as a collector or arterial road in the Borough Master Plan.
(5) 
Nursing homes and health care facilities shall not exceed two stories in height.
(6) 
No hospital or nursing home premises shall be located nearer than 500 feet to any gasoline filling station measured by a straight line between nearest property lines.
C. 
Churches and other places of worship. Churches and other places of worship may be permitted in specified zones only upon receipt of a conditional use permit, provided that the following standards are met, together with any other requirements deemed necessary by the reviewing board, and any other applicable requirements of this chapter.
(1) 
The minimum site area shall be three acres and the minimum frontage shall be 300 feet.
(2) 
The site shall have direct access to a street classified as a collector or secondary arterial road in the Borough Master Plan.
(3) 
Maximum site coverage shall be 30%.
(4) 
The minimum distance from gasoline filling stations shall be 500 feet measured by a straight line between nearest property lines.
D. 
Service and gasoline filling stations, automobile repair facilities. Service and gasoline filling stations and automobile repair facilities may be permitted in specified zones only upon receipt of a conditional use permit, provided that the following standards are met, together with any other requirements deemed necessary by the reviewing board and any other applicable requirements of this chapter.
(1) 
The minimum site area shall be 25,000 square feet.
(2) 
The minimum street frontage shall be 150 feet.
(3) 
The minimum floor area shall be at least 1,000 square feet.
(4) 
No pits, racks, lifts or repair work shall be permitted out-of-doors, no disabled vehicle shall be permitted to remain on the premises for more than two weeks and no more than four disabled vehicles shall be stored or parked on the premises at one time.
(5) 
No body or fender repairs shall be permitted in any part of the premises.
(6) 
No motor vehicles, trailers or boats for sale or lease shall be parked, stored or displayed on any part of the premises.
(7) 
No vending machines shall be permitted out-of-doors.
(8) 
Gasoline pumps shall be located at least 30 feet from any property line.
(9) 
All fuel or similar volatile substances shall be stored underground.
(10) 
No ingress or egress drives shall be located closer than 50 feet to any other drive on the same site or any other property. Such ingress and egress drives shall have a width of at least 20 feet, but not more than 30 feet.
(11) 
No paved area other than an ingress or egress drive may be located within 10 feet of any property line.
(12) 
All unpaved areas of the site shall be graded and planted with grass, shrubs or trees.
(13) 
No building shall be erected nearer than 50 feet to any street line nor nearer than 20 feet to any side or rear property line.
(14) 
Distance from public meeting places. No building permit shall be issued if any part of the lot or plot on which such use will be made is situated within a distance of 500 feet measured by a straight line between nearest property lines, of premises on which are located one or more of the following types of buildings:
(a) 
Public and private schools.
(b) 
Hospitals, nursing homes and health care facilities.
(c) 
Churches and other places of worship.
(d) 
Theaters and assembly halls.
(e) 
Public libraries.
(f) 
Public museums.
(g) 
Lands held by any public corporation for the purposes of erecting thereon any of the institutions listed above or to be used in connection with such uses.
(15) 
No gasoline filling station shall be located closer than 1,500 feet to any other gasoline filling station. Said distance shall be measured by driving distance on public roads between the nearest property lines of the respective sites.
(16) 
No permit shall be issued hereunder unless it is determined that it would not be detrimental to the health, safety and general welfare of the community and that it is reasonably necessary for the public good.
E. 
Single family residential townhouse unit development. Single family residential townhouse unit development may be permitted only upon receipt of a conditional use permit, and site plan approval, provided that the following standards are met, together with any other requirements deemed necessary by the reviewing board and any other applicable requirements of the Ordinances of the Borough of Neptune City.
[Added 7-6-1981]
(1) 
The conditions and standards are those set forth in the Schedule of Area, Yard and Building Requirements for Single Family Residential Unit Development in the R-1T Zone.[1]
F. 
Sexually oriented business. In the development of this section, it is recognized that there are certain uses and activities which because of their very nature, are recognized as having serious objectionable operational characteristics. Such uses create and promote a deleterious effect on the borough's neighborhood characteristics, administration of schools, and the commercial and economic viability of the community. Sexually oriented businesses are such uses. In order to prevent the deterioration of the community, to preserve the neighborhoods of the borough, to ensure the economic prosperity of the community and to provide for the protection and well being of the quality of life in the Borough of Neptune City, certain regulations are necessary to prevent against these adverse effects. Therefore, a sexually oriented business may be permitted only upon receipt of a conditional use permit, and site plan approval, provided that the following standards are met, together with any other requirements deemed necessary by the reviewing board and any other applicable requirements of the ordinances of the Borough of Neptune City.
[Added 6-22-1998 by Ord. No. 1998-17]
(1) 
Location of sexually oriented businesses. No sexually oriented businesses shall be located within 200 feet of any of the following:
(a) 
An existing sexually oriented business; or
(b) 
A church, monastery, temple, chapel, synagogue, convent, rectory or other place of worship; or
(c) 
A private or public elementary or secondary school and its adjunct playground area; or
(d) 
A school bus stop; or
(e) 
A municipal, county or state playground or park, or place of public resort and recreation; or
(f) 
A residential district or lot devoted to residential use.
For the purpose of this section, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of another sexually oriented business, place of worship, school, school bus stop, playground or park or a boundary of a residential district or lot devoted to residential use.
(2) 
Development standards.
(a) 
Buildings and structures used for sexually oriented businesses shall meet all applicable safety standards of the Borough of Neptune City.
(b) 
Parking spaces shall be provided at a minimum ratio of one space for each two seats plus one space for every two employees. Such parking shall be paved, striped and appropriately marked and otherwise complying with all existing requirements for off-street parking and design standards set forth in Chapter 111 of the Code of the Borough of Neptune City. Additionally, all parking spaces shall be linked in an internal circulation system with one access and one egress point to and from the subject site. No parking shall be allowed within the buffer area designated in Section 139-57(F)(1) above or in Section 139-57(F)(2)(1) below.
(c) 
All off-site improvements, such as curbs, gutters, sidewalks, drive approaches and trees shall be provided as required by the Land Use Board or other reviewing agency.
[Amended 2-25-2002 by Ord. No. 2002-08]
(d) 
Advertisements, displays or other promotional material shall not be shown or exhibited so as to be visible to the public from pedestrian side-walks or walkways or from other areas, public or semipublic.
(e) 
No loudspeaker or sound equipment shall be used for any sexually oriented business that radiates sound outside of the building or structure in which said business operates.
(f) 
The minimum lot area shall be 20,000 square feet, with a minimum lot width of 100 feet and a minimum lot depth of 100 feet.
(g) 
Maximum lot coverage inclusive of hard surfacing, including but not limited to parking, shall not exceed 50%.
(h) 
Maximum height of any building shall not exceed 2 1/2 stories or 35 feet.
(i) 
No building or structure shall be located nearer than 50 feet from any road or to any property line.
(j) 
The sign identifying the subject property shall be limited to 10 square feet and shall be wall-mounted upon the principal building. The sign shall be limited to lettering indicating the name and address of the facility only.
i 
The sign shall be applied flat against the wall and shall not project beyond the side or top of the wall to which it is affixed, nor shall such signs project more than 14 inches from the front wall. All flashing, moving, intermittently moving and illuminated signs, reflecting signs or luminous signs and/or advertising devices shall be prohibited. However, back-lighting of the principal sign may be permitted; and
ii 
No temporary signs made of paper, card-board, canvas or other similar materials or banners are permitted; and
iii 
No signs or billboards shall be placed on the roof of any building.
(k) 
No building, premises, structure or other facility that contains any sexually oriented business shall contain any other kind of sexually oriented business.
(l) 
At a minimum, and except where otherwise noted, there shall be a buffer area of 50 feet around the entire perimeter of any premises where a sexually oriented business is conducted. This area shall be landscaped with a double alternating row of evergreen trees, six feet in height at time of planting, spaced eight feet on center. Such trees shall augment natural landscaping. In the event that natural landscaping is not available around the site, then additional landscaping shall be provided in the form of another alternating row of evergreen trees as prescribed herein.
[Amended 2-25-2002 by Ord. No. 2002-08]
A. 
Zoning permits. Zoning permits shall hereafter be secured from the Building Department prior to the issuance of a building permit for construction, erection or alteration of any structure, or prior to any change in the use of any existing structure or land. Prior to issuing a zoning permit, the Building Department shall ascertain that all conditions and prerequisites of the Zoning Ordinance will be met. Zoning permits shall expire one year after issuance of the use or substantial construction has not been commenced.
B. 
Building permits. Building permits shall hereafter be secured from the Construction Official and the Building Department prior to the construction, erection or alteration of any structure, but only after a zoning permit has first been secured. Prior to issuing a building permit, it shall be ascertained that all conditions and requirements of the Borough Building Code will be met. Building permits shall expire one year after issuance if substantial construction has not been commenced. The fee required shall accompany each application for a building permit.
C. 
Conditional use permits. Application for any conditional use permit as permitted shall be made by filing with the Building Department an original and 10 copies of the application form and supporting documents, together with 10 copies of a site plan pursuant to the Site Plan Review Ordinance and a fee in the amount of $100.
The Building Department shall forthwith forward the application and other documents to the appropriate reviewing board for consideration pursuant to the applicable ordinances of this borough.
No conditional use permit shall be issued unless the Land Use Board or appropriate reviewing board has granted approval of the site plan and the proposed use conforms to all standards established for the specific use.
A conditional use permit may include such additional conditions and safeguards as may be deemed by the Planning Board or appropriate reviewing board to be advisable and necessary to accomplish the following purposes:
(1) 
To insure that such use will be in harmony with the general intent and purpose of this chapter;
(2) 
That such use will affect adversely the character of the zone; the conservation of property values, the health and safety of residents on adjacent properties and in the general neighborhood; and further that
(3) 
Such use will be organized and arranged so that vehicular and pedestrian traffic to and from the use will not create undue congestion or hazards in the general neighborhood.
D. 
Certificate of occupancy. It shall be unlawful to use or permit the use of any structure or premises or part thereof hereafter created, located, erected, changed, converted or enlarged wholly or partly until a certificate of occupancy has been issued by the Construction Official and the Building Department of this borough certifying compliance with all provisions of the Building Code and law.
No certificates of occupancy shall be issued until it has been certified that the completed construction, building or development complies with the requirements of the land use ordinances and the requirements of the Land Use Board if applicable.
A certificate of occupancy shall be required for each unit in any multi-unit building or project, but shall not be issued for any individual until the common areas and appurtenances have been completed in compliance with the provisions of all ordinances and requirements of the Land Use Board and Governing Body pertaining thereto.
[Amended 2-25-2002 by Ord. No. 2002-08]
[Amended 7-10-1995 by Ord. No. 1995-12]
The provisions of this chapter shall be administered and enforced by the Construction Official and the Code Enforcement Supervisor. It shall be the duty of the Police Department and the Fire Department to report any violations of the provisions of this chapter, in writing, to the Code Enforcement Supervisor of the Borough of Neptune City and at the same time to send a copy of such report to the Borough Clerk.
Wherever the term, "official" is stated or implied, the term Zoning Officer shall be included.
A. 
Continuance. Except as otherwise provided in this chapter the lawful use of land or buildings existing at the date of the adoption of this chapter may be continued, although such use or building does not conform to the regulations specified by this chapter for the zone in which such land or building is located, provided, however:
(1) 
That no nonconforming lot shall be further reduced in size.
(2) 
That no nonconforming building shall be enlarged, extended or increased, except as provided in Subsection E hereof.
[Amended 10-11-1995 by Ord. No. 1995-17]
(3) 
That no nonconforming use may be expanded.
B. 
Abandonment. A nonconforming use shall be adjudged abandoned when there occurs a cessation of any such use or activity and the owner thereof commits any act indicating an intention to abandon such nonconforming use.
C. 
Construction approved prior to chapter. Nothing herein contained shall require any change in plans, construction or designated use of building or premises for which a building permit or zoning permit has been issued prior to the effective date of this chapter provided the use or substantial construction is commenced within nine months from the effective date of this chapter.
D. 
Reversion. No nonconforming use shall, if once changed into a conforming use be changed back to a nonconforming use.
E. 
Alterations and extensions. A nonconforming building, or an existing building on a nonconforming lot may be altered or repaired, but not enlarged or extended, unless the enlargement or extension itself does not violate any front, side or rear yard setback requirements or lot coverage requirements.
F. 
Restoration. A nonconforming use or structure or building may be restored or repaired in the event of partial destruction thereof.
G. 
Future changes. Whenever this chapter or zoning shall be modified, amended or supplemented, the foregoing provisions shall also apply to any nonconforming uses, structure or building created thereby.
In the interpretation and application of the provisions of this chapter, such provisions shall be held to be minimum requirements, adopted for promoting the health, safety and general welfare of the Borough of Neptune City.
Whenever the requirements of this chapter conflict with the requirements of any other lawfully adopted rules, regulations, ordinances or statutes, the most restrictive or those imposing the higher standards shall govern.
[Repealed 9-27-2004 by Ord. No. 2004-15]
[1]
Editor's Note: Provisions for violations and penalties, previously codified herein, may be found in Chapter 1, Article III of these Revised General Ordinances.
If the provisions of any section, subsection, paragraph, subdivision, or clause of this chapter shall be judged invalid by a court of competent jurisdiction, such order or judgment shall not affect or invalidate the remainder of any section, subsection, paragraph, subdivision, or clause of this chapter, and to this end, the provisions of each section, subsection, paragraph, subdivision or clause of this chapter are hereby declared to be severable. If this chapter in its entirety shall be adjudged to be unconstitutional, void or invalid by a court of competent jurisdiction, then the prior Zoning Ordinance of this borough and its amendments shall be and remain in effect as if not repealed herein.
Except as otherwise provided in this chapter, all ordinances or parts of ordinances inconsistent herewith are hereby repealed.