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.
(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.
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
(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.
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]
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.