Borough of Middlesex, NJ Conditional Uses

These standards are intended to provide the Planning Board with a guide for the purpose of reviewing applications for conditional use as provided for by this chapter. In reviewing an application, the Planning Board may act on site plans submitted to it or may suggest modifications and changes. In approving an application, the Planning Board may require, in addition to features specified, such other features or design, in keeping with the intent thereof, that will further the purposes of these standards and regulations. Such features shall be provided and maintained as a condition of the establishment and maintenance of any use to which they are a condition of approval.

Notwithstanding compliance with specific conditional use standards hereinafter set forth, no conditional use shall be permitted if the use at the proposed location would be detrimental to the health, safety and general welfare of the community.

[Amended 6-29-1993 by Ord. No. 1285]

Licensed nursing homes and convalescent homes. Licensed nursing homes and convalescent homes may be permitted in the R-T and G-B Zones, provided that:

Such use fronts upon a street classified in the Borough's Master Plan as other than a local street and has a minimum lot area of 20,000 square feet.

[Amended 12-19-2000 by Ord. No. 1515]

The applicant shall comply with all state requirements for such use.

Such building shall be set back at least 40 feet from the street and rear lot lines and at least 20 feet from side lot lines.

Off-street parking shall be provided for at least one space for each three beds, plus one space for each staff member and employee, based upon the maximum number estimated to be on duty at any one time. Such off-street parking area shall be suitably screened from adjoining residential lots by appropriate landscaping and/or fencing.

Areas for outdoor recreation of a size and location sufficient to properly serve the needs of the occupants shall be provided.

Nursery schools. Nursery schools may be permitted in the R-100, R-75, R-60A, R-60B, R-T, G-B and AR-1 Zones, provided that:

Ingress to and egress from the facility is such that the safety of the children is protected.

Adequate provision is made to accommodate the loading and unloading of children.

The building is appropriately designed and provides adequate fenced yard space developed for recreational purposes.

There are no other nonresidential uses carried on in the building.

The nursery school shall comply with all state requirements for such use.

The lot area and building location shall meet all area dimension and bulk standards for the zone in which it is located.

[Added 12-19-2000 by Ord. No. 1515]

Home professional offices. Home professional offices may be permitted in the R-100, R-75, R-60A, R-60B, R-50 and R-T Zones, provided that:

[Amended 6-29-1993 by Ord. No. 1285]

The lot meets the minimum requirements of this chapter with respect to lot area and lot width.

The dwelling unit proposed to house such use is a single-family unit.

The office is the office of the resident of the dwelling, and such use shall be conducted solely by the members of the resident family.

[Amended 12-19-2000 by Ord. No. 1515]

No structural alterations to accommodate the use of the dwelling for office use are required.

Such use shall occupy an area equivalent to not over 50% of the floor area of one story.

Such use shall not involve the sale of any goods, products or merchandise.

Sufficient off-street parking space, as determined by the Planning Board on a case-by-case basis, is provided in the rear or side yards. Such parking area is to be suitably shielded from adjacent properties by means of appropriate landscaping and/or fencing.

Home occupations. Home occupations may be permitted in the R-100, R-75, R-60A, R-60B, R-50 and R-T Zones, provided that:

[Amended 6-29-1993 by Ord. No. 1285]

The dwelling unit proposed to house such use is a single-family unit.

Such occupation shall be conducted solely by members of the residential family.

No structural alterations to accommodate the use of the dwelling are required.

Such use shall occupy an area equivalent to not over 50% of the floor area of one story.

There shall be no conspicuous display of goods or advertising to be seen from outside the premises.

Such use will not generate traffic or parking requirements which cannot be accommodated in the neighborhood.

Such use does not involve the use of any machinery or equipment which will cause electrical or other interference with radio and television reception in adjacent residences or which will cause offensive noise or vibration.

No permitted home occupation may be conducted with members of the public later than 10:00 p.m.

Quasipublic clubs and organizations. quasipublic, nonprofit clubs and organizations, as well as philanthropic and charitable uses, may be permitted in the R-T, G-B and CLW Zones, provided that:

Such use, when taken in conjunction with other existing land uses, will not generate traffic that would result in an undue burden upon available access streets.

Such use, if located in a residential zone, shall only be located in a single-family dwelling.

A statement setting forth full particulars of the operation of the use and the total number of proposed charter members (for membership clubs) shall be filed with the Planning Board.

It is ascertained by the Planning Board that the proposed use is a bona fide nonprofit organization operated solely for the recreation and enjoyment of the members of said organization or for civic, humanitarian or charitable purposes.

It is ascertained by the Planning Board that the proposed use in the proposed location shall in no way adversely affect the safe and comfortable enjoyment of property rights in the area in which it is to be located.

The design of any structures erected in connection with such use are in keeping with the general character of the area and that sufficient landscaping, including trees, shrubs and lawns, are provided to serve as a buffer between said use and adjoining residential properties.

The maximum membership limit of said organization shall be fixed at the time of application and shall be commensurate to the size of the building and the amount of land available for off-street parking. No further expansion of said membership shall be made unless supplemental approval is granted by the Planning Board.

Off-street parking shall be provided for at least one space for each 200 square feet of floor area, plus additional spaces determined by the Board, based upon anticipated usage. Such off-street parking area shall be suitably screened from adjoining residentially zoned lots by appropriate landscaping and/or fencing.

Community residences for the mentally and physically handicapped. Community residences for the placement of more than six but fewer than 16 mentally or physically handicapped persons, exclusive of resident staff, may be permitted in the R-100, R-75, R-60A, R-60B, R-4, R-T and AR-1 Zones, provided that:

Sufficient off-street parking space, as determined by the Planning Board on a case by case basis, is provided in the rear or side yards. Such parking is to be suitably shielded from adjacent residential properties by means of appropriate landscaping and/or fencing.

The maximum number of occupants shall be fixed at the time of application and shall be commensurate with the amount of land to be used and the square footage of the house. No further expansion of said occupancy limit shall be made unless supplemental approval is granted by the Planning Board.

In order that the health and safety of the occupants not be endangered by heavy traffic volumes, such use shall not be located on any street other than those classified as local streets in the Master Plan of the Borough of Middlesex.

Ingress to and egress from the building is such that the safety of the occupants is protected to the satisfaction of the Planning Board.

Sufficient off-street parking area is provided for the pickup and discharge of occupants by vans or other vehicles servicing the handicapped.

Such use shall not have an entrance or exit on the same side of the street and within 200 feet of an entrance or exit to a public or private school, garage or service station, theater, rescue squad or fire station, except where and when the property is in another block or on another street which the lot in question does not abut.

No such use shall be located within 1,500 feet of an existing community residence for the mentally or physically handicapped.

Limited-services restaurants.

Limited-service restaurants as defined in this chapter may be permitted in the G-B Zone, provided that:

(a)

No limited-service restaurant shall be permitted within 1,500 feet, measured within the nearest lot lines, of any other limited-service restaurant.

(b)

Not more than one limited-service restaurant shall be permitted within or at a street intersection.

(c)

No limited-service restaurant shall be permitted within 200 feet of the nearest lot line of any church, school or library.

Limited-service restaurants having a customer service and eating area within its building or leasehold area of less than 1,000 square feet shall be exempt from this limitation.

Commercial earth terminals. Commercial earth terminals, as defined in this chapter, may be permitted in the CLW and IND Zones, provided that:

The earth terminal is accessory to a principal use on the site.

Only one commercial earth terminal shall be permitted per lot.

Commercial earth terminals shall be permitted either on the ground or attached to the rear of the principal building. If located on the ground, the commercial earth terminal shall be located in a rear or side yard only and shall be set back from all property lines at a minimum setback required for accessory structures in the zone, whichever is greater.

[Amended 6-29-1993 by Ord. No. 1285]

The height of a commercial earth terminal shall not exceed the maximum height permitted for a principal building in the zone.

All wiring or connecting cables between a ground-mounted commercial earth terminal and the principal building on the property shall be buried underground.

All commercial earth terminals which are ground-mounted shall be surrounded by a nonclimbable fence or other suitable barrier of a minimum height of six feet in order to prevent access to the earth terminal.

If the site abuts an adjacent residentially zoned property, the commercial earth terminal shall be located on the ground only and shall be effectively screened from view by natural plants, trees or other suitable sight barrier in order to minimize the visibility of the commercial earth terminal from the adjacent residential property.

The applicant shall be the principal user of the commercial earth terminal, and the reception or transmission of electrical signals to or from a commercial earth terminal to or from an off-site ground location shall only be through underground or aerial wire, cable or fiber optic facilities. Terrestrial microwave communication directly between earth terminals or via passive reflectors is prohibited.

Gasoline service stations and public garages. Gasoline service stations and public garages may be permitted in the G-B and CLW Zones, provided that:

Minimum lot size shall be 15,000 square feet for a station.

[Amended 12-19-2000 by Ord. No. 1515]

No gasoline pumps or pump island shall be located within 15 feet of a street property line, and pumps shall be aligned parallel to the adjacent roadway if possible.

The site shall be designed to provide a minimum five-foot-wide curbed and landscaped area between the street and the fuel pump island or building for gasoline service stations and between the street property line and any parking area, building or open space for public garages. The design shall be such so that only those vehicles which are waiting for fuel service can be parked between the curbed area and the pump island, building or parking area for no more than 10 minutes. The curbed and landscaped area shall also be provided between all curb cuts. On a corner lot the curbed and landscaped areas shall be provided on both streets. All areas not paved or on which a building or curbing is located shall be landscaped.

[Amended 6-29-1993 by Ord. No. 1285]

All underground tanks shall meet federal or state standards, and, on sites which are located on designed aquifer recharge areas, tanks shall be equipped with secondary containment features.

Gasoline tank fill lines shall be located so that supply tankers shall not have to maneuver in the public right-of-way in order to make deliveries.

Retail sales of convenience consumer goods shall be permitted as an accessory use, provided that said sales are not conducted in a building which is located between parallel pump islands, and further provided that adequate off-street parking which does not interfere with on-site stacking of vehicles is available for the convenience store facilities and employees.

No portion of a gasoline service station or public garage shall be utilized for motor vehicle rental. However, limited sales display of up to three used cars, repaired on-site, shall be permitted without acquiring site plan approval if it can be demonstrated to the Borough Zoning Officer that adequate parking in accordance with the requirements of Chapter 248, Land Development, is available, and further provided that the use complies with the requirements of § 420-12.

[Amended 6-29-1993 by Ord. No. 1285]

There shall be no more than two access driveways along any one street, unless said frontage exceeds 175 feet. In such case, a maximum of three driveways shall be permitted. The minimum distance between driveway curb cuts shall be 25 feet, and no curb cut shall be closer than five feet to an adjacent property line.

(9)

On a corner lot, curb cuts shall be located a minimum of 10 feet from the intersection of street lines.

(10)

The maximum driveway opening at the property line and curbline shall be 30 feet and 50 feet, respectively.

(11)

Pump island canopies shall not be required to comply with general setback requirements of the zone, but shall be set back a minimum of five feet from property lines and shall not exceed 20 feet in height.

(12)

No part of any building, excluding pumps, canopies or kiosks, shall be nearer than 25 feet to any street line, 20 feet from any adjacent residentially developed or zoned property or 10 feet from any nonresidential property line.

(13)

All services or repairs to or for motor vehicles, other than such minor items, such as the changing and filling of tires or the sale of gasoline or oil, shall be conducted within the confines of a building that is wholly enclosed.

(14)

Storage facilities for gasoline, oil or other flammable materials which are stored in bulk in individual containers exceeding 75 gallons shall be located wholly underground and no closer than 35 feet to any lot line other than a street line.

(15)

If located adjacent to a residential zone or a residentially developed property, a ten-foot landscaped buffer shall be provided in addition to a six-foot solid fence.

(16)

No object or landscaping material exceeding two feet in height shall be placed on a corner lot within the sight triangle determined in accordance with § 420-20, except for the placement of freestanding signs, the minimum clear height of which shall be 10 feet.

(17)

Notwithstanding any other provisions of this chapter, gasoline service stations may display the following signs:

(a)

One freestanding sign advertising the name of the station and/or the principal brand of products sold on the premises, including any company insignia or emblem, provided that such sign shall not exceed 40 square feet in area on each side, shall be located not less than 10 feet inside all property lines and shall not exceed 20 feet in height.

[Amended 6-29-1993 by Ord. No. 1285]

(b)

One freestanding price sign that indicates the price of gasoline to motorists, provided that said sign does not exceed 22 square feet in area on each side and shall be located not less than 10 feet inside all property lines.

(c)

Lettering, insignias or emblems located on panels on the sides of pump island canopies, provided that the sign area shall not exceed 20% of total face area of the canopy. Canopy column signs shall also be permitted. However, the square footage of said signs shall be deducted from the permissible sign area on canopy signs.

(d)

One wall sign attached to the face of the building, provided that said sign area shall not exceed 10% of the wall area.

(e)

Customary lettering or insignia which is a structural part of a gasoline pump or which is required by law.

(f)

One temporary promotional sign specifically advertising special sales or servicing prices, provided that said sign does not exceed 10 square feet in area.

(g)

Lettering displayed over individual service bays, provided that each such sign area shall not exceed three square feet.

(h)

The use of pennants, flags, banners or similar decorations, such as whirling displays, are expressly prohibited. However, said displays shall be allowed for a period of one week to mark a grand opening.

Production and processing of chemicals as a principal use in the HI Heavy Industrial Zone. Facilities designed for the principal use of producing and processing chemicals may be permitted in the HI Heavy Industrial Zone, provided that:

The application involves modification to existing facilities or expansion of an existing chemical operation as opposed to creation of a new chemical entity.

Any proposed expansion of chemical facilities is located a minimum of 500 feet from a residential zone.

A listing and description of all permits required from other regulatory agencies as well as all material safety data sheets for chemicals involved shall be submitted with the application for site plan and conditional use approval. Said description must outline the agency issuing the permit, the purpose of the permit and the statute or regulation which governs the granting of the permit.

It shall be a condition of all approvals that, prior to issuance of a building permit, copies of approved permits shall be submitted to the Planning Board for review and certification as to compliance with the conditions of approval.

Cannabis establishments and alternate treatment centers. Establishments with a license, or seeking a license, for Class 1 cannabis cultivation, Class 2 cannabis manufacturing, Class 3 cannabis wholesaling, Class 4 cannabis distributing, or Class 6 cannabis delivery as defined in the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act[1] and alternate treatment centers as provided in the New Jersey Compassionate Use Medical Marijuana Act[2] may be permitted in the IND Industrial District and HI Heavy Industrial District, provided that:

[Added 7-27-2021 by Ord. No. 2037]

State licensure. The establishment or ATC has been properly licensed pursuant to the New Jersey Cannabis Regulatory Enforcement Assistance and Marketplace Modernization Act[3] or New Jersey Compassionate Use Medical Marijuana Act,[4] as necessary.

[3]

Editor's Note: See N.J.S.A. 24:6I-31 et seq.

[4]

Editor's Note: See N.J.S.A. 24:6I-1 et seq.

Distance between establishments. No cannabis establishment shall be located within 500 feet from any other cannabis establishment, nor shall an ATC be located within 500 feet from any other ATC, which shall be measured from the subject property line to property line. In the event that more than one land use application for an establishment or ATC of the same classification is submitted to the Borough in close proximity to one another, and if the applications comply with all the requirements of this chapter and the permitting authority, the Borough is not permitted to approve all of the applications because of the limitations set forth in this subsection. The Borough shall first review for approval the application that was first submitted and determined to be a complete and compliant application by the Borough Land Use Administrator, Zoning Officer, or other person with authority to make such determination.

Distance between establishments and certain uses. Establishments and ATCs shall not be located within 250 feet (measured from the subject property line to property line) of a residential zone; day care, child-care center or nursery school; drug or alcohol rehabilitation center; public park or public pool; or within 250 feet (measured from the subject property line to property line) of a public, private or special education elementary or secondary school property.

No marketing or advertisement of the site shall be permitted. No signage other than directional or discrete building identification shall be permitted.

ATC dispensaries shall limit their hours of operation from 8:00 a.m. to 10:00 p.m., Monday to Sunday, or as otherwise provided in the special use permit. Retail distribution of cannabis is a prohibited use in all zones pursuant to Chapter 321 of the Borough Code.

The cultivation of marijuana plants, for medicinal or recreational purposes, shall not be permitted on exterior portions of a lot. The cultivation, production, or possession of marijuana plants within a building or unit must not be perceptible from the exterior of the building or unit from a street or residential use.

ATCs and cannabis establishments must limit signage to text on external signage. However, use of graphics shall be allowed solely to display the logo for the business.