Chapter 16A adopted February 20, 2007, and as revised by
the Borough through February 27, 2017. Subsequent amendments noted
where applicable.
Recognizing that certain uses, activities and structures are
necessary to serve the needs and provide for the convenience of the
citizens of the Borough 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 designated 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 provided for by this chapter.
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 neighborhood.
2.
The potential effect that the proposed use (3) 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 need for such facility or use(s) to serve the area in which it
is to be located.
5.
The adequacy of proposed drainage facilities which will serve the
use(s) and/or the structure(s).
6.
The adequacy of plans for screening any adverse aspects of the use(s)
and/or structure(s), from adjoining properties.
7.
The adequacy of proposed outdoor lighting.
8.
Compliance with the standards, principles and objectives of the Master
Plan.
C.
All conditional uses shall also be required to obtain site plan approval,
unless otherwise specified in this chapter.
D.
Conditional uses shall adhere to the additional standards specified
for the particular use under this Article except where no additional
standards are specified herein.
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.
Churches and places of worship may be permitted as a conditional
use and in those zones specified provided that the use and/or structure
shall adhere to the minimum standards of the particular zone and the
following:
A.
The minimum lot area shall be two acres.
B.
The minimum lot width shall be 200 feet.
C.
No principal building shall be located closer than 50 feet to any
side or rear property line.
D.
No accessory building shall be located closer than 30 feet to any
side or rear residential property line.
E.
Maximum lot coverage - 15%.
F.
The height of structures to be constructed may exceed the maximum
height requirements of this chapter, provided, however, that the front,
rear and side yard requirements set forth above shall be increased
by two feet for each foot by which the height of the structure exceeds
the maximum height would be otherwise permitted by this chapter, and
further provided that in no case shall any proposed structure exceed
50 feet in height.
Public utility uses, such as water towers, pumping stations,
electric substations, radio towers, transmission lines, 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 peace 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.
The public utility use and lot meet all the applicable minimum requirements
of the district in which it is located, except that it need not have
the minimum required lot area.
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 automobiles which are to be garaged.
B.
Motor vehicle service stations shall have a lot area of not less
than 20,000 square feet with a minimum frontage of 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 1,500 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 centerline of streets forming the shortest route from a point
opposite the nearest boundary from said public entrance to a point
opposite the nearest boundary of the service station lot.
D.
All fuel pumps shall be located at least 35 feet from all street
lines and property lines.
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 in accordance with
Federal, State, County and Local regulations.
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.
Coin operated service stations are not permitted.
J.
No auto body work 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 anti-freeze
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.
O.
The minimum unoccupied open space shall be 30% of the lot area.
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 100 feet on one street.
If the lot requirements for the zone are greater, they shall take
precedent.
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.
D.
All motor vehicles awaiting repair or under repair which are stored
out-of-doors shall be screened from public 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 side or rear yard as specified for setbacks
for accessory buildings in zone or within 50 feet of any adjoining
lot within a residential zone.
F.
Unless previously permitted by a use variance granted by the Planning
Board 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 centerline of streets forming the shortest route from a point
opposite the nearest boundary from said public entrance to a point
opposite the nearest boundary of the repair garage lot.
G.
If gas pumps are proposed, Sections 16A-9.4A, D, and F referring to "Motor Vehicle Repair Garages," shall also be applicable to "Motor Vehicle Repair Garages."
H.
The maximum lot coverage shall be 40% of the lot area.
I.
The minimum unoccupied open space shall be in accordance with the
requirements of the particular zone location.
Shopping centers 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:
Public and non-public schools may be permitted as a conditional
use and in those zones specified provided that the use and/or structure
shall adhere to the minimum standards of the particular zone and the
following:
A.
The minimum lot area shall be 50 acres.
B.
No classroom building shall be located closer than 50 feet to any
side or rear property line.
C.
No other building shall be located closer than 50 feet to any front,
side or rear property line.
E.
No commercial use (i.e. not directly related to the general purposes
of the school, its academic, athletic or social curriculum or to a
civic or community function or purpose) shall be permitted on the
premises.
F.
When the premises are situated on a county road and a municipal road,
all vehicular accesses to the premises shall be from the county road
and all vehicular exits shall be onto the county road.
Off Tract Parking Lots (hereafter "Lots") may be permitted as
conditional uses in the B-1 Zone provided that the uses and/or structures
shall adhere to the following minimum standards:
A.
Lots shall be located within 200 feet of the principal use which
they are designed to serve.
B.
Lots shall only be permitted as an ancillary use to an existing or
approved new car dealership. No freestanding lots of any kind shall
be permitted.
C.
Minimum lot size: 13,500 square feet.
D.
Minimum lot frontage: 200 feet.
E.
Maximum lot coverage: 80%.
Lots shall be screened from public streets and adjacent residential
uses or zones. The minimum buffer width shall be 20 feet. Buffering
may consist of a mixture of living and non-living materials, including
deciduous and evergreen trees, decorative fencing, decorative walls
and other appropriate materials which effectively screen the lot from
the public right-of-way and adjacent properties. The screening plan
shall be approved by the Shade Tree Commission prior to preliminary
site plan approval.
F.
If illuminated, no lot shall cause glare onto adjacent residential
properties. Average luminous intensity for lots shall not exceed 9.8
footcandles.
G.
No vehicles with gross vehicle weights in excess of 5,000 pounds
shall be parked.
H.
No signage except for directional signs shall be permitted. Also
excluded are banners, pennants, streamers, strings of lights and other
appurtenances which would attract attention to the lot.
I.
No vehicle shall be stored closer than 20 feet to any property line.
J.
No ramps or platforms of any kind shall be permitted for the elevated
display of vehicles.
K.
Lighting standards shall not exceed 15 feet in height measured from
grade. Standards shall be specifically designed to reduce horizontal
glare. Final design is subject to site plan approval. All lighting
is to be extinguished after business hours except the amount required
for security purposes.
L.
No lot shall be used for maintenance and/or vehicle service of any
kind.
M.
Access to the lot is to be provided exclusively through the main
dealership facility. The lot is to be completely secure when not in
use.
