[Ord. No. 00-40, 7-24-2000]
Relationship to Other Articles. This Article establishes the use, bulk requirements and other regulations governing the zones created in Article III. Article II is the compendium of definitions for terms of art in this Article and throughout the Land Development Ordinance. Performance regulations and design standards are contained in Article V that provide the basis for the physical development and redevelopment of land within the zoning classifications. Article VII contains the standards of review upon which all applications for subdivision or site plan are measured.
[Ord. No. 00-40, 7-24-2000]
All uses not expressly permitted in this Chapter are hereby
prohibited.
[Ord. No. 00-40, 7-24-2000]
An application for a permit shall provide documentation that
the intended use will comply with the performance standards enumerated
below. In the case of a structure being built where the future use
is not known, a zoning permit may be issued with the condition that
no certificate of occupancy will be issued until such time as this
documentation is submitted with respect to the particular occupant.
A new application and a new certificate of occupancy shall be required
in the event of a change of any user of any structure.
A.
Electrical and/or Electronic Devices. All electrical or electronic
devices shall be subject to the provisions of Public Law 90-602, 90th
Congress, HR 10790, dated October 1968, entitled "An Act for the Protection
of Electronic Product Radiation." Radiation products, as defined in
DHEW Publication No. (FDA) 76-8003, shall be so limited and controlled
so that no measurable energy can be recorded at any point beyond the
property boundaries. The applicant, upon request, shall certified
data wherein measurements made in accordance with the procedure and
standards set forth in the DHEW Publication No. (FDA) 75-8003 adequately
demonstrate compliance with the minimum standards established by the
Act. All other forms of electromagnetic radiation lying between 100
KHz and 10 GHz shall be restricted to the technical limits established
in the Federal Communication Commission's Rules and Regulations. Additionally,
electric or electronic equipment shall be shielded so there is no
interference with any radio or television reception at the lot line
(or beyond the operator's dwelling unit in the case of multi-family
dwellings) as the result of the operation of such equipment.
B.
Glare. No use shall produce a strong, dazzling light or a reflection
of a strong, dazzling light or glare beyond its lot lines. Exterior
lighting shall be shielded, buffered, and directed so that glare,
direct light or reflection will not become a nuisance to adjoining
properties, adjoining dwelling units, adjoining properties, adjoining
dwelling units, adjoining districts or streets.
C.
Heat. No use shall produce heat perceptible beyond its lot lines.
Further, no use shall be permitted which would cause the temperature
to rise or fall in any body of water.
D.
Noise. Noise levels shall be designed and operated in accordance
with local regulations and those rules established by the New Jersey
State Department of Environmental Protection as they are adopted and
amended.
E.
Odor. Odors shall not be discernible at the lot line or beyond.
F.
Storage and waste disposal. No materials or wastes shall be deposited
upon a lot in such form or manner that they may be transferred off
the lot by natural causes or forces, nor shall any substance be deposited
which can contaminate an underground aquifer or otherwise render such
underground aquifer undesirable as a source of water supply or recreation,
or which will destroy aquatic life. All materials or wastes which
might cause fumes or dust or which constitute a fire hazard or which
may be edible or otherwise attractive to rodents or insects shall
be stored indoors and enclosed in appropriate containers adequate
to eliminate such hazards.
G.
Ventilation. No use shall obstruct the natural ventilation of adjacent
uses nor contaminate the air with excessive heat or odor. Further,
no air conditioners or exhaust fans shall be permitted to discharge
exhausted air unless set back from all property lines 10 feet or equipped
with baffles to deflect the discharged air away from the adjacent
use.
H.
Vibration. There shall be no vibration which is discernible to the
human sense of feeling beyond the immediate lot.
[Ord. No. 00-40, 7-24-2000]
A.
Purpose. The purpose of the R-1 Zone District is to provide for single-family
residential development at a density less than 3.5 units per acre.
E.
Bulk regulations. See Schedule B-1.
F.
R-1 Clustering Overlay.
[Added 11-8-2021 by Ord.
No. 21-44]
1.
Cluster Development. In the R-1 District only, a cluster development
application classified as a major subdivision (and major site plan,
if applicable) shall be permitted in accordance with the following
standards and regulations. The cluster development shall consist of
single family, detached dwellings.
2.
The tract of lands shall have a minimum of 12 acres.
3.
In order to determine the maximum number of lots for cluster
development subdivision, a conforming plan of a conventional subdivision
shall be submitted based on minimum lot areas of 12,500 square feet
in the R-1 District. The concept plan shall be in sufficient detail
to permit the Planning Board to make an informed decision as to the
subdivision satisfying all ordinance requirements and in a form that
would be acceptable to the Planning Board as a conventional subdivision
without the need for any lot area or lot dimension variances or exceptions
to subdivision design standards. The plan shall include areas for
drainage and roadways. The number of lots on the conventional concept
plan shall be the maximum number of lots permitted under the clustering
overlay.
4.
Natural features such as trees, natural terrain, open waters
and natural drainage areas shall be preserved wherever possible in
designing any development containing such features. As part of the
subdivision or site plan review process, development should be designed
to preserve scenic vistas and views of cultural/historic landmarks
and of unique geologic and topographic features. The open space lot
shall be placed in a conservation easement, with monuments and demarcated
with a split race fence.
5.
All lots created under this subdivision option shall be deed
restricted against further subdivision for the purpose of creating
an additional lot or lots.
6.
The subdivided residential lot shall meet the following zoning
requirements:
(a)
Minimum lot area: 7,500 square feet.
(b)
Minimum lot width: 75 feet.
(c)
Minimum lot frontage: 75 feet.
(d)
Minimum lot depth: 100 feet.
(e)
Minimum front yard setback: 25 feet.
(f)
Minimum rear yard setback: 25 feet.
(g)
Minimum side yard: five feet.
(h)
Minimum combined side yard setback: 15 feet.
(i)
Maximum height: 35 feet.
(j)
Maximum number of stories: 2.5.
(k)
Maximum Building coverage: 25%.
(l)
Maximum Lot coverage: 35%.
[Ord. No. 00-40, 7-24-2000]
[Ord. No. 00-40, 7-24-2000]
[Ord. No. 00-40, 7-24-2000]
[Ord. No. 00-40, 7-24-2000]
[Ord. No. 00-40, 7-24-2000; amended 6-10-2002 by Ord. No. 02-14; 11-10-2003 by Ord. No. 03-35; 9-14-2020 by Ord. No. 20-26]
A.
Purpose. The B-1 Zone District intends to serve the needs of specific
surrounding residential neighborhoods by providing for retail sale
and service uses. The need to complement and preserve the character
of the surrounding residential neighborhoods is paramount.
B.
Permitted Uses.
1.
Furniture and Home Furnishings stores (NAICS 442).
2.
Electronics and Appliance stores (NAICS 443).
3.
Musical Instrument Stores, Sporting Goods, Hobby and Book Stores
(NAICS 451).
4.
Food and Beverage Stores (NAICS 445).
5.
Health and Personal Care Stores (NAICS 446).
6.
Clothing and Clothing Accessories Stores (NAICS 448).
7.
General Merchandise Stores (NAICS 452).
8.
Miscellaneous Store Retailers (NAICS 453).
9.
Credit Intermediation and Related Activities (NAICS 522).
10.
Securities, Commodity Contracts, and Other Financial Investments
and Related Activities (NAICS 523).
11.
Insurance Carriers and Related Activities (NAICS 524).
12.
Real Estate (NAICS 531).
13.
Rental and Leasing Services (NAICS 532).
14.
Educational Services (NAICS 611).
15.
Ambulatory Health Care Services (NAICS 621).
16.
Social Assistance (NAICS 624, except Vocational Rehab Services,
Community 6242).
17.
Performing Arts and Related Industries (NAICS 711, 7112).
18.
Food Services and Drinking Places (NAICS 722 except Drive Thru
Food Services).
19.
Personal Laundry services (NAICS 812, except 81293 parking lots
and garages).
20.
Repair and Maintenance (NAICS 811, except all Automotive Repair
and Maintenance and NAICS 8111).
21.
Administrative and Support Services (NAICS 561 except Landscape
Services, Outdoor storage of goods and services is prohibited).
22.
Professional, Scientific and Technical Services (NAICS 541).
23.
Funeral homes.
E.
Bulk Regulations. See Schedule B-1.
F.
Conditions for Mixed Use (residential over retail):
1.
No residential uses shall be permitted on the ground floor.
2.
A vegetative buffer and fencing shall be provided along the
eastern boundary of the site no less than 15 feet.
3.
Parking shall not be in Route 35 front yard area.
4.
Maximum front yard setback from Route 35: 20 feet.
5.
Minimum front yard setback from Bangs Avenue: 20 feet.
6.
Minimum front yard setback from Monroe Avenue: 20 feet.
7.
Minimum building setback from residential lot line: 40 feet.
8.
Maximum percent building coverage: 35%.
9.
Maximum impervious coverage: 80%.
10.
Maximum Building Height: 42 feet.
[Ord. No. 00-40, 7-24-2000]
A.
Purpose. The B-2 Zone District seeks to provide for professional
office development in designated areas.
B.
Permitted uses.
[Amended 11-10-2003 by Ord. No. 03-35]
1.
Christmas tree sales (outdoor).
2.
Commercial banking.
3.
Savings institutions.
4.
Bank.
5.
Credit unions.
6.
Consumer lending.
7.
Real estate credit.
8.
All other nondepository credit intermediation.
9.
Financial clearinghouse and reserve activities.
10.
Investment banking and securities dealing.
11.
Securities brokerage.
12.
Direct life Insurance carriers.
13.
Direct health and medical insurance carriers.
14.
Insurance agencies and brokerages.
15.
Claims adjusting.
16.
All other insurance related activities.
17.
Offices of real estate agents.
18.
Offices of real estate appraisers.
19.
Other activities related to real estate.
20.
Private or public elementary, middle or high school.
21.
Early childhood education center.
22.
Computer training facility.
23.
Apprenticeship training.
24.
Other technical and trade schools.
25.
Offices of physicians (excluding mental health).
26.
Offices of physicians, mental health.
27.
Offices of dentists.
28.
Offices of chiropractors.
29.
Offices of optometrists.
30.
Offices of physical, occupational and speech therapists, and
audiologists.
31.
Offices of podiatrists.
32.
All other outpatient care centers.
33.
Diagnostic imaging centers.
34.
Home health care services.
35.
Ambulance and first aid services.
36.
Nonresidential services for elderly and disabled persons, including
adult day care.
37.
Child-care center.
38.
Agents, managers for artists and other public entertainers.
39.
Independent artists, writers and performers.
40.
Health and fitness club.
41.
Public community centers.
42.
Public parks and recreational facilities.
43.
Grantmaking foundations.
44.
Civic and social organizations.
45.
Professional organizations.
46.
Labor unions and similar labor organizations.
47.
Funeral homes.
48.
Offices of lawyers.
49.
Offices of certified public accountants.
50.
Other accounting services.
51.
Architectural services.
52.
Landscape architectural services.
53.
Professional planning services.
54.
Engineering services.
55.
Building inspection services.
56.
Testing laboratories.
57.
Custom computer programming services.
58.
Computer systems design services.
59.
Computer facilities management services.
60.
Other computer related services.
61.
Administration and general management consulting services.
62.
Other scientific and technical consulting services.
63.
Advertising agencies.
64.
Other services related to advertising.
65.
Photography studios and videography services.
66.
All other professional, scientific and technical services.
67.
Office administrative services.
68.
Facilities support services.
69.
Employment placement agencies.
70.
Municipal facilities.
71.
Fire department facilities.
72.
Public safety facilities.
73.
First aid facilities.
74.
Board of Education facilities.
C.
Accessory uses.
[Amended 11-10-2003 by Ord. No. 03-35]
1.
Uses customarily incidental and accessory to a principal permitted
use.
2.
Recreational clubhouse, concession stand.
3.
Parking for principal use.
4.
Telephone communication distribution.
5.
Coaxial cable communication distribution.
6.
Emergency services radio communication facilities.
7.
Natural gas distribution.
8.
Electric power transmission and distribution.
9.
Public water supply purveyance and distribution.
10.
Sanitary sewer lines.
E.
Bulk regulations. See Schedule B-1.
[Ord. No. 00-40, 7-24-2000]
A.
Purpose. The B-3 Zone District seeks to provide for a well balanced
mix of residential and marine oriented retail uses that enhance the
Shark River Waterfront area while respecting important coastal environments.
B.
Permitted uses.
[Amended 11-10-2003 by Ord. No. 03-35]
1.
Detached single-family residence.
2.
Multifamily dwellings (note: see supplementary regulations).
3.
Townhouses (note: see supplementary regulations).
4.
Boat and marine equipment dealers (note: see supplementary regulations).
5.
Commercial banking.
6.
Savings institutions.
7.
Bank.
8.
Credit unions.
9.
Offices of real estate agents.
10.
Offices of real estate appraisers.
11.
Other activities related to real estate.
12.
Nonresidential services for elderly and disabled persons, including
adult day care.
13.
Child-care center.
14.
Family day care.
15.
Nightclub.
17.
Personal boatslip or dock.
18.
Health and fitness club.
19.
Indoor recreational facility.
20.
Public community centers.
21.
Public parks and recreational facilities.
22.
Grantmaking foundations.
23.
Civic and social organizations.
24.
Professional organizations.
25.
Labor unions and similar labor organizations.
26.
Bed-and-breakfast guesthouse.
27.
Bed-and-breakfast homestay.
28.
Hotels (excluding casino hotels).
29.
Drinking places (alcoholic beverages).
30.
Food service contractors/catering.
31.
Banquet facilities.
32.
Full-service restaurants.
33.
Restaurant.
34.
Snack and nonalcoholic beverage bars.
35.
Offices of lawyers.
36.
Offices of certified public accountants.
37.
Other accounting services.
38.
Architectural services.
39.
Landscape architectural services.
40.
Professional planning services.
41.
Engineering services.
42.
Building inspection services.
43.
Custom computer programming services.
44.
Computer systems design services.
45.
Computer facilities management services.
46.
Other computer related services.
47.
Administration and general management consulting services.
48.
Other scientific and technical consulting services.
49.
Advertising agencies.
50.
Other services related to advertising.
51.
Photography studios and videography services.
52.
All other professional, scientific and technical services.
53.
Municipal facilities.
54.
Fire department facilities.
55.
Public safety facilities.
56.
First aid facilities.
57.
Board of Education facilities.
C.
Accessory uses.
[Amended 11-10-2003 by Ord. No. 03-35]
1.
Uses customarily incidental and accessory to a principal permitted
use.
2.
Home occupation.
3.
Home professional office.
4.
Swimming pools, private.
5.
Tennis courts, private.
6.
Recreational clubhouse, concession stand.
7.
Outdoor dining facility.
8.
Boatyards (note: see supplementary regulations).
9.
Parking for principal use.
10.
Telephone communication distribution.
11.
Coaxial cable communication distribution.
12.
Emergency services radio communication facilities.
13.
Natural gas distribution.
14.
Electric power transmission and distribution.
15.
Public water supply purveyance and distribution.
16.
Sanitary sewer lines.
[Ord. No. 00-40, 7-24-2000; amended 11-10-2003 by Ord. No. 03-35; 3-12-2007 by Ord. No. 07-11; 7-28-2014 by Ord. No. 14-26; 2-28-2022 by Ord. No. 22-09; 10-11-2022 by Ord. No. 22-45; 12-22-2022 by Ord. No.
22-51]
A.
Purpose. The C-1 Zone District provides for business uses appropriate
to the Route 66 highway corridor.
B.
Permitted Uses.
|
NAICS Code
|
Use
|
|---|---|
|
44111
|
New Car Dealers
|
|
4412
|
Other Motor Vehicle Dealers
|
|
4413
|
Automotive Parts, Accessories and Tire Stores
|
|
442
|
Furniture and Home Furnishing Stores
|
|
4431
|
Electronics and Appliance Stores
|
|
444
|
Building Material and Garden Equipment and Supplies Dealers
|
|
4451
|
Grocery Stores
|
|
4452
|
Specialty Food Stores
|
|
4453
|
Beer, Wine and Liquor Stores
|
|
4461
|
Health and Personal Care Stores
|
|
44711
|
Gasoline Stations with Convenience Stores
|
|
448
|
Clothing and Clothing Accessory Stores
|
|
451
|
Sporting Goods, Hobby, Musical Instrument, and Book Stores
|
|
4521
|
Department Stores
|
|
4529
|
Other General Merchandise Stores
|
|
453
|
Miscellaneous Store Retailers
|
|
511
|
Publishing Industries
|
|
5221
|
Depository Credit Intermediation (Banks)
|
|
531
|
Real Estate
|
|
5321
|
Automotive Equipment Rental and Leasing
|
|
5322
|
Consumer Goods Rental
|
|
541
|
Professional, Scientific, and Technical Services
|
|
5511
|
Management of Companies and Enterprises
|
|
561
|
Administrative and Support Services
|
|
6115
|
Technical and Trade Schools
|
|
6116
|
Other Schools and Instruction
|
|
621
|
Ambulatory Health Care Services (includes physician's and dentist's
offices, outpatient care, etc.)
|
|
6242
|
Community Food and Housing, Emergency and Other Relief Services
|
|
711
|
Performing Arts, Spectator Sports, and Related Industries
|
|
7121
|
Museums
|
|
71394
|
Fitness and Recreational Sports Centers
|
|
71395
|
Bowling Centers
|
|
71399
|
All Other Amusement and Recreation Industries (includes miniature
golf courses)
|
|
72111
|
Hotels (except Casino Hotels) and Motels
|
|
7225
|
Restaurants and Other Eating Places
|
|
8114
|
Personal and Household Goods Repair and Maintenance
|
|
8121
|
Personal Care Services
|
|
8129
|
Other Personal Services (includes pet care services such as
grooming, boarding and training)
|
|
813
|
Religious, Grantmaking, Civic, Professional, and Similar Organizations
|
|
92
|
Public Administration
|
C.
Conditional Uses.
1.
Centralized telephone utility installations.
2.
Centralized coaxial cable utility installations.
3.
Wireless telecommunications facility.
4.
Cannabis class uses, as set forth in Subsection LDO-415.21.
[Ord. No. 00-40, 7-24-2000]
A.
Purpose. The C-2 Zone District provides for roadway oriented, non-retail
business uses.
B.
Permitted uses.
[Amended 11-10-2003 by Ord. No. 03-35]
1.
Garden centers/nurseries.
2.
Sports and recreation instruction.
3.
Art, music, dance and martial-arts instruction.
4.
All other miscellaneous schools and instruction.
5.
Offices of physicians (exc mental health).
6.
Offices of physicians, mental health.
7.
Offices of dentists.
8.
Offices of chiropractors.
9.
Offices of optometrists.
10.
Offices of physical, occupational and speech therapists, and
audiologists.
11.
Offices of podiatrists.
12.
All other outpatient care centers.
13.
Diagnostic imaging centers.
14.
Home health care services.
15.
Ambulance and first aid services.
16.
Nonresidential services for elderly and disabled persons, including
adult day care.
17.
Child-care center.
18.
Nightclub.
19.
Bowling centers.
20.
Golf course, miniature.
21.
Health and fitness club.
22.
Public parks and recreational facilities.
23.
Places of worship.
24.
Grantmaking foundations.
25.
Civic and social organizations.
26.
Professional organizations.
27.
Labor unions and similar labor organizations.
28.
Hotels (excluding casino hotels).
29.
Hotels, extended stay lodging facilities.
30.
Food service contractors/catering.
31.
Banquet facilities.
32.
Full-service restaurants.
33.
Restaurant.
34.
Restaurant, take-out.
35.
Snack and nonalcoholic beverage bars.
36.
Automatic car washes.
37.
Welding shops and blacksmiths.
38.
Machine shops.
39.
Offices of lawyers.
40.
Offices of certified public accountants.
41.
Other accounting services.
42.
Architectural services.
43.
Landscape architectural services.
44.
Professional planning services.
45.
Engineering services.
46.
Building inspection services.
47.
Custom computer programming services.
48.
Computer systems design services.
49.
Computer facilities management services.
50.
Other computer related services.
51.
Administration and general management consulting services.
52.
Other scientific and technical consulting services.
53.
Advertising agencies.
54.
Other services related to advertising.
55.
Photography studios and videography services.
56.
Facilities support services.
57.
Municipal facilities.
58.
Fire department facilities.
59.
Public safety facilities.
60.
First aid facilities.
61.
Board of Education facilities.
62.
Taxi service.
63.
School and employee bus transportation operations.
64.
Motor vehicle towing operations.
65.
Couriers.
66.
Local messengers and local delivery.
D.
Accessory uses.
[Amended 11-10-2003 by Ord. No. 03-35]
1.
Uses customarily incidental and accessory to a principal permitted
use.
2.
Educational support services.
3.
Recreational clubhouse, concession stand.
4.
Parking for principal use.
5.
Telephone communication distribution.
6.
Coaxial cable communication distribution.
7.
Emergency services radio communication facilities.
8.
Natural gas distribution.
9.
Electric power transmission and distribution.
10.
Public water supply purveyance and distribution.
11.
Sanitary sewer lines.
[Added 11-10-2003 by Ord.
No. 03-35[1]]
A.
Purpose. The C-3 Zone District provides for business uses appropriate
to the Route 66 highway corridor situated west of Route 18.
B.
Permitted uses.
1.
Automobile dealerships.
2.
Furniture stores.
3.
Floor covering stores.
4.
Home furnishings stores.
5.
Household appliance stores.
6.
Radio, television and other electronics stores.
7.
Computer and software stores.
8.
Musical instrument stores.
9.
Music stores (CDs, cassettes, videos, records).
10.
Home centers.
11.
Hardware stores.
12.
Grocery (except convenience) stores.
13.
Convenience stores.
14.
Retail bakeries.
15.
Delicatessens.
16.
Family clothing and apparel stores.
17.
Lingerie and corset stores.
18.
Swimwear stores.
19.
Jewelry stores.
20.
Shoe stores.
21.
Hobby, toy and game stores.
22.
Bicycle stores.
23.
Sporting goods stores (excluding firearms).
24.
Arts and craft shops.
25.
Family bookstores.
26.
Magazine/newspaper stands.
27.
Department stores.
28.
Florists/flower shops.
29.
Gift shops.
30.
Greeting card stores.
31.
Office equipment, supplies and stationery stores.
32.
Pet food and pet supplies stores.
33.
Pet stores.
34.
Membership warehouse club (retail).
35.
Tobacco shops.
36.
Art dealers.
37.
Antique shops.
38.
Commercial banking.
39.
Savings institutions.
40.
Bank.
41.
Credit unions.
42.
Consumer lending.
43.
Real estate credit.
44.
All other nondepository credit intermediation.
45.
Financial clearinghouse and reserve activities.
46.
Investment banking and securities dealing.
47.
Securities brokerage.
48.
Direct life insurance carriers.
49.
Direct health and medical insurance carriers.
50.
Insurance agencies and brokerages.
51.
Claims adjusting.
52.
All other insurance related activities.
53.
Offices of real estate agents.
54.
Offices of real estate appraisers.
55.
Other activities related to real estate.
56.
Videotape and disc rental.
57.
Home health equipment rental.
58.
Musical instrument rental.
59.
Early childhood education center.
60.
Vocational school.
61.
Computer training facility.
62.
Apprenticeship training.
63.
Other technical and trade schools.
64.
Sports and recreation instruction.
65.
Art, music, dance and martial-arts instruction.
66.
All other miscellaneous schools and instruction.
67.
Educational support services.
68.
Offices of physicians (excluding mental health).
69.
Offices of physicians, mental health.
70.
Offices of dentists.
71.
Offices of chiropractors.
72.
Offices of optometrists.
73.
Offices of physical, occupational and speech therapists, and
audiologists.
74.
Offices of podiatrists.
75.
All other outpatient care centers.
76.
Diagnostic Imaging centers.
77.
Home health care services.
78.
Child-care center.
79.
Community shelter.
80.
Agents, managers for artists and other public entertainers.
81.
Independent artists, writers and performers.
82.
Health and fitness club.
83.
Public parks and recreational facilities.
84.
Theater, motion picture (indoor).
85.
Theater, performing arts.
86.
Civic and social organizations.
87.
Professional organizations.
88.
Labor unions and similar labor organizations.
89.
Hotels (excluding casino hotels).
90.
Hotels, extended stay lodging facilities.
91.
Drinking places (alcoholic beverages).
92.
Food service contractors/catering.
93.
Banquet facilities.
94.
Full-service restaurants.
95.
Restaurant.
96.
Restaurant, drive-through.
97.
Restaurant, take-out.
98.
Funeral homes.
99.
Cemeteries.
100.
Communication equipment repair and maintenance.
101.
Commercial equipment (excluding auto and electrical) repair
and maintenance.
102.
Appliance repair and maintenance.
103.
Furniture cleaning, refinishing and repair shops.
104.
Musical instrument repair shop.
105.
Leather goods repair services.
106.
Shoe repair and shoeshine parlors.
107.
Bicycle repair shops.
108.
Locksmiths.
109.
Tailor and mending of garments.
110.
Film developing services, retail.
111.
Pet grooming services.
112.
Offices of lawyers.
113.
Offices of certified public accountants.
114.
Other accounting services.
115.
Architectural services.
116.
Landscape architectural services.
117.
Professional planning services.
118.
Engineering services.
119.
Building inspection services.
120.
Testing laboratories.
121.
Custom computer programming services.
122.
Computer systems design services.
123.
Computer facilities management services.
124.
Other computer related services.
125.
Administration and general management consulting services.
126.
Other scientific and technical consulting services.
127.
Advertising agencies.
128.
Other services related to advertising.
129.
Veterinary services/animal hospital.
130.
Photography studios and videography services.
131.
Corporate, subsidiary and regional managing office.
132.
Office administrative services.
133.
Private mail centers.
134.
Quick printing.
135.
All other business support services.
136.
Travel agencies.
137.
Investigation and security services.
138.
Security systems services (except locksmiths).
139.
Municipal facilities.
140.
Fire department facilities.
141.
Public safety facilities.
142.
First aid facilities.
143.
Board of Education facilities.
144.
Sign manufacturing.
145.
Newspaper publishers.
146.
Book publishers.
147.
Software publishers.
148.
Film and sound recording studios.
149.
Data center.
C.
Conditional uses.
1.
Gasoline fueling stations.
2.
Gasoline fueling stations with convenience stores.
3.
Assisted living facility.
4.
Homes for the elderly.
5.
Public community centers.
6.
General automotive repair and maintenance (mechanical and electrical
systems).
7.
Automotive body repair, painting and interior repair and maintenance.
8.
Automotive oil change and lubrication shops.
9.
Installation of auto phones.
10.
Automotive Body Repair and Painting.
11.
Automotive Service Station.
12.
Marine related sales and services.
13.
Automatic car washes.
14.
Consumer electronics repair and maintenance.
15.
Household item repair and maintenance.
16.
Computer and office machine repair and maintenance.
17.
Electricity regulating substations.
D.
Accessory uses.
1.
Uses customarily incidental and accessory to a principal permitted
use.
2.
Garden centers/nurseries.
3.
Recreational clubhouse, concession stand.
4.
Parking for principal use.
5.
Telephone communication distribution.
6.
Coaxial cable communication distribution.
7.
Emergency services radio communication facilities.
8.
Natural gas distribution.
9.
Electric power transmission and distribution.
10.
Public water supply purveyance and distribution.
11.
Sanitary sewer lines.
E.
Bulk regulations. Regulations set forth in Schedule B-1 for the Corridor
Commercial (C-2) Zone shall govern.
[1]
Editor's Note: This ordinance also redesignated former Subsection
LDO-404.06 as Subsection LDO-404.11.
[Added 11-10-2003 by Ord.
No. 03-35]
A.
Purpose. The C-4 Zone District provides for business uses appropriate
to the Route 66 highway corridor situated east of Route 18.
B.
Permitted uses.
1.
Offices of physicians (excluding mental health).
2.
Offices of physicians, mental health.
3.
Offices of dentists.
4.
Offices of chiropractors.
5.
Offices of optometrists.
6.
Offices of physical, occupational and speech therapists, and
audiologists.
7.
Offices of podiatrists.
8.
All other outpatient care centers.
9.
Diagnostic imaging centers.
10.
Home health care services.
11.
Child-care center.
12.
Community shelter.
13.
Bowling centers.
14.
Public parks and recreational facilities.
15.
Places of worship.
16.
Full-service restaurants.
17.
Cemeteries.
18.
Municipal facilities.
19.
Fire department facilities.
20.
Public safety facilities.
21.
First aid facilities.
22.
Board of Education facilities.
D.
Accessory uses.
1.
Uses customarily incidental and accessory to a principal permitted
use.
2.
Recreational clubhouse, concession stand.
3.
Parking for principal use.
4.
Telephone communication distribution.
5.
Coaxial cable communication distribution.
6.
Emergency services radio communication facilities.
7.
Natural gas distribution.
8.
Electric power transmission and distribution.
9.
Public water supply purveyance and distribution.
10.
Sanitary sewer lines.
[Added 11-10-2003 by Ord.
No. 03-35]
A.
Purpose. The C-5 Zone District provides for business uses appropriate
to the Route 33 highway corridor situated west of Route 18.
B.
Permitted uses.
1.
Furniture stores.
2.
Floor covering stores.
3.
Home furnishings stores.
4.
Radio, television and other electronics stores.
5.
Computer and software stores.
6.
Musical instrument stores.
7.
Music stores (CDs, cassettes, videos, records).
8.
Hardware stores.
9.
Retail bakeries.
10.
Garden centers/nurseries.
11.
Commercial banking.
12.
Savings institutions.
13.
Bank.
14.
Credit unions.
15.
Consumer lending.
16.
Real estate credit.
17.
All other nondepository credit intermediation.
18.
Financial clearinghouse and reserve activities.
19.
Investment banking and securities dealing.
20.
Securities brokerage.
21.
Direct life insurance carriers.
22.
Direct health and medical insurance carriers.
23.
Insurance agencies and brokerages.
24.
Claims adjusting.
25.
All other insurance related activities.
26.
Offices of real estate agents.
27.
Offices of real estate appraisers.
28.
Other activities related to real estate.
29.
Computer training facility.
30.
Apprenticeship training.
31.
Other technical and trade schools.
32.
Sports and recreation instruction.
33.
Art, music, dance and martial-arts instruction.
34.
Offices of physicians (exc mental health).
35.
Offices of physicians, mental health.
36.
Offices of dentists.
37.
Offices of chiropractors.
38.
Offices of optometrists.
39.
Offices of physical, occupational and speech therapists, and
audiologists.
40.
Offices of podiatrists.
41.
All other outpatient care centers.
42.
Diagnostic imaging centers.
43.
Home health care services.
44.
Child-care center.
45.
Agents, managers for artists and other public entertainers.
46.
Independent artists, writers and performers.
47.
Health and fitness club.
48.
Indoor recreational facility.
49.
Public parks and recreational facilities.
50.
Places of worship.
51.
Civic and social organizations.
52.
Professional organizations.
53.
Labor unions and similar labor organizations.
54.
Full-service restaurants.
55.
Restaurant.
56.
Other computer related services.
57.
Administration and general management consulting services.
58.
Other scientific and technical consulting services.
59.
Advertising agencies.
60.
Other services related to advertising.
61.
Veterinary services/animal hospital.
62.
Photography studios and videography services.
63.
Corporate, subsidiary and regional managing office.
64.
Office administrative services.
65.
Private mail centers.
66.
Municipal facilities.
67.
Fire department facilities.
68.
Public safety facilities.
69.
First aid facilities.
70.
Board of Education facilities.
71.
Newspaper publishers.
72.
Book publishers.
73.
Software publishers.
74.
Film and sound recording studios.
C.
Conditional uses.
1.
Plumbing, heating and AC contractors.
2.
Painting and wall covering contractors.
3.
Electrical contractors.
4.
Masonry and stone contractors.
5.
Carpentry contractors.
6.
Floor laying and other floor contractors.
7.
Roofing, siding, and sheet metal contractors.
8.
Glass and glazing contractors.
9.
Building equipment and other machine installation contractors.
10.
Electricity regulating substations.
D.
Accessory uses.
1.
Uses customarily incidental and accessory to a principal permitted
use.
2.
Recreational clubhouse, concession stand.
3.
Parking for principal use.
4.
Telephone communication distribution.
5.
Coaxial cable communication distribution.
6.
Emergency services radio communication facilities.
7.
Natural gas distribution.
8.
Electric power transmission and distribution.
9.
Public water supply purveyance and distribution.
10.
Sanitary sewer lines.
[Added 11-10-2003 by Ord.
No. 03-35]
A.
Purpose. The C-6 Zone District provides for business uses appropriate
to the Route 33 highway corridor of Neptune Township situated east
of Route 18.
B.
Permitted uses.
1.
Radio, television and other electronics stores.
2.
Computer and software stores.
3.
Musical instrument stores.
4.
Music stores (CDs, cassettes, videos, records).
5.
Convenience stores.
6.
Retail bakeries.
7.
Delicatessens.
8.
Butcher shops.
9.
Fish and seafood markets.
10.
Fruit and vegetable markets.
11.
Beer, wine and liquor stores.
12.
Pharmacies and drug stores.
13.
Cosmetics, beauty supplies and perfume store.
14.
Food (health) supplement stores.
15.
Health and personal care stores.
16.
Family clothing and apparel stores.
17.
Lingerie and corset stores.
18.
Swimwear stores.
19.
Jewelry stores.
20.
Shoe stores.
21.
Hobby, toy and game stores.
22.
Bicycle stores.
23.
Sporting goods stores (excluding firearms).
24.
Arts and craft shops.
25.
Family book stores.
26.
Magazine/newspaper stands.
27.
Florists/flower shops.
28.
Gift shops.
29.
Greeting card stores.
30.
Office equipment, supplies and stationery stores.
31.
Pet food and pet supplies stores.
32.
Pet stores.
33.
Tobacco shops.
34.
Art dealers.
35.
Antique shops.
36.
Commercial banking.
37.
Savings institutions.
38.
Bank.
39.
Credit unions.
40.
Consumer lending.
41.
Real estate credit.
42.
All other nondepository credit intermediation.
43.
Financial clearinghouse and reserve activities.
44.
Investment banking and securities dealing.
45.
Securities brokerage.
46.
Direct life insurance carriers.
47.
Direct health and medical insurance carriers.
48.
Insurance agencies and brokerages.
49.
Claims adjusting.
50.
All other insurance related activities.
51.
Offices of real estate agents.
52.
Offices of real estate appraisers.
53.
Other activities related to real estate.
54.
Videotape and disc rental.
55.
Home health equipment rental.
56.
Musical instrument rental.
57.
Private or public elementary, middle or high school.
58.
Early childhood education center.
59.
Computer training facility.
60.
Apprenticeship training.
61.
Sports and recreation instruction.
62.
Art, music, dance and martial-arts instruction.
63.
Offices of physicians (exc mental health).
64.
Offices of physicians, mental health.
65.
Offices of dentists.
66.
Offices of chiropractors.
67.
Offices of optometrists.
68.
Offices of physical, occupational and speech therapists, and
audiologists.
69.
Offices of podiatrists.
70.
All other outpatient care centers.
71.
Diagnostic imaging centers.
72.
Home health care services.
73.
Child-care center.
74.
Agents, managers for artists and other public entertainers.
75.
Independent artists, writers and performers.
76.
Marinas.
77.
Health and fitness club.
78.
Public community centers.
79.
Public parks and recreational facilities.
80.
Community swimming pool, indoor.
81.
Theater, motion picture (indoor).
82.
Theater, performing arts.
83.
Civic and social organizations.
84.
Professional organizations.
85.
Labor unions and similar labor organizations.
86.
Drinking places (alcoholic beverages).
87.
Food service contractors/catering.
88.
Full-service restaurants.
89.
Restaurant.
90.
Restaurant, take-out.
91.
Barber and beauty shops, beauty salons and parlors, hairdressers.
92.
Cosmetic salons and cosmetology services.
93.
Hotel beauty parlors and beauty shops.
94.
Manicure salon or nail services.
95.
Wig grooming service.
96.
Diet and weight reducing centers.
97.
Baths (steam, Turkish, vapor, mineral).
98.
Depilatory salons (hair removal).
99.
Ear piercing services.
100.
Body piercing services.
101.
Electrologist's studio.
102.
Electrolysis studio.
103.
Massage parlor.
104.
Scalp treatment.
105.
Hair replacement.
106.
Tanning salons.
107.
Musical instrument repair shop.
108.
Leather goods repair services.
109.
Shoe repair and shoeshine parlors.
110.
Bicycle repair shops.
111.
Locksmiths.
112.
Dry-cleaning and laundry services (excluding coin-op).
113.
Tailor and mending of garments.
114.
Film developing services, retail.
115.
Pet grooming services.
116.
Offices of lawyers.
117.
Offices of certified public accountants.
118.
Other accounting services.
119.
Architectural services.
120.
Landscape architectural services.
121.
Professional planning services.
122.
Engineering services.
123.
Building inspection services.
124.
Testing laboratories.
125.
Custom computer programming services.
126.
Computer systems design services.
127.
Computer facilities management services.
128.
Other computer related services.
129.
Administration and general management consulting services.
130.
Other scientific and technical consulting services.
131.
Advertising agencies.
132.
Other services related to advertising.
133.
Photography studios and videography services.
134.
Corporate, subsidiary and regional managing office.
135.
Office administrative services.
136.
Private mail centers.
137.
Quick printing.
138.
All other business support services.
139.
Travel agencies.
140.
Investigation and security services.
141.
Security systems services (except locksmiths).
142.
Municipal facilities.
143.
Fire department facilities.
144.
Public safety facilities.
145.
First aid facilities.
146.
Board of Education facilities.
147.
Frozen specialty food manufacturing.
148.
Newspaper publishers.
149.
Book publishers.
150.
Software publishers.
151.
Film and sound recording studios.
152.
Quasi-governmental postal facilities.
[Added 3-12-2007 by Ord. No. 07-11]
D.
Accessory uses.
1.
Uses customarily incidental and accessory to a principal permitted
use.
2.
Outdoor displays and sales.
3.
Educational support services.
4.
Recreational clubhouse, concession stand.
5.
Outdoor dining facility.
6.
Parking for principal use.
7.
Telephone communication distribution.
8.
Coaxial cable communication distribution.
9.
Emergency services radio communication facilities.
10.
Natural gas distribution.
11.
Electric power transmission and distribution.
12.
Public water supply purveyance and distribution.
13.
Sanitary sewer lines.
[Added 11-10-2003 by Ord.
No. 03-35]
A.
Purpose. The C-7 Zone District provides for business uses appropriate
to the Route 35 highway corridor of Neptune Township situated south
of the West Lake Avenue Town Commercial Zone.
B.
Permitted uses.
1.
Furniture stores.
2.
Floor covering stores.
3.
Home furnishings stores.
4.
Household appliance stores.
5.
Radio, television and other electronics stores.
6.
Computer and software stores.
7.
Musical instrument stores.
8.
Music stores (CDs, cassettes, videos, records).
9.
Hardware stores.
10.
Grocery (except convenience) stores.
11.
Convenience stores.
12.
Retail bakeries.
13.
Delicatessens.
14.
Butcher shops.
15.
Fish and seafood markets.
16.
Fruit and vegetable markets.
17.
Beer, wine and liquor stores.
18.
Pharmacies and drug stores.
19.
Cosmetics, beauty supplies and perfume store.
20.
Food (health) supplement stores.
21.
Health and personal care stores.
22.
Family clothing and apparel stores.
23.
Lingerie and corset stores.
24.
Swimwear stores.
25.
Jewelry stores.
26.
Shoe stores.
27.
Hobby, toy and game stores.
28.
Bicycle stores.
29.
Sporting goods stores (excluding firearms).
30.
Arts and craft shops.
31.
Family book stores.
32.
Magazine/newspaper stands.
33.
Florists/flower shops.
34.
Gift shops.
35.
Greeting card stores.
36.
Office equipment, supplies and stationery stores.
37.
Pet food and pet supplies stores.
38.
Pet stores.
39.
Tobacco shops.
40.
Art dealers.
41.
Antique shops.
42.
Commercial banking.
43.
Savings institutions.
44.
Bank.
45.
Credit unions.
46.
Consumer lending.
47.
Real estate credit.
48.
All other nondepository credit intermediation.
49.
Financial clearinghouse and reserve activities.
50.
Investment banking and securities dealing.
51.
Securities brokerage.
52.
Direct life insurance carriers.
53.
Direct health and medical insurance carriers.
54.
Insurance agencies and brokerages.
55.
Claims adjusting.
56.
All other insurance related activities.
57.
Offices of real estate agents.
58.
Offices of real estate appraisers.
59.
Other activities related to real estate.
60.
Videotape and disc rental.
61.
Home health equipment rental.
62.
Musical instrument rental.
63.
Art, music, dance and martial-arts instruction.
64.
Community shelter.
65.
Agents, managers for artists and other public entertainers.
66.
Independent artists, writers and performers.
67.
Public community centers.
68.
Theater, motion picture (indoor).
69.
Theater, performing arts.
70.
Civic and social organizations.
71.
Professional organizations.
72.
Labor unions and similar labor organizations.
73.
Drinking places (alcoholic beverages).
74.
Food service contractors/catering.
75.
Banquet facilities.
76.
Full-service restaurants.
77.
Restaurant.
78.
Restaurant, take-out.
79.
Barber and beauty shops, beauty salons and parlors, hairdressers.
80.
Cosmetic salons and cosmetology services.
81.
Hotel beauty parlors and beauty shops.
82.
Manicure salon or nail services.
83.
Wig grooming service.
84.
Diet and weight reducing centers.
85.
Baths (steam, Turkish, vapor, mineral).
86.
Depilatory salons (hair removal).
87.
Ear piercing services.
88.
Body piercing services.
89.
Electrologist's studio.
90.
Electrolysis studio.
91.
Massage parlor.
92.
Scalp treatment.
93.
Hair replacement.
94.
Tanning salons.
95.
Funeral homes.
96.
Musical instrument repair shop.
97.
Leather goods repair services.
98.
Shoe repair and shoeshine parlors.
99.
Bicycle repair shops.
100.
Locksmiths.
101.
Dry-cleaning and laundry services (excluding coin-op).
102.
Tailor and mending of garments.
103.
Film developing services, retail.
104.
Pet grooming services.
105.
Offices of lawyers.
106.
Offices of certified public accountants.
107.
Other accounting services.
108.
Architectural services.
109.
Landscape architectural services.
110.
Professional planning services.
111.
Engineering services.
112.
Building inspection services.
113.
Testing laboratories.
114.
Custom computer programming services.
115.
Computer systems design services.
116.
Computer facilities management services.
117.
Administration and general management consulting services.
118.
Other scientific and technical consulting services.
119.
Advertising agencies.
120.
Other services related to advertising.
121.
Photography studios and videography services.
122.
Corporate, subsidiary and regional managing office.
123.
Office administrative services.
124.
Ocean Grove Camp Meeting Association (OGCMA) facilities in accordance
with permitted, conditional and accessory uses in the district.
125.
Private mail centers.
126.
Quick printing.
127.
All other business support services.
128.
Travel agencies.
129.
Investigation and security services.
130.
Security systems services (except locksmiths).
131.
Beverage wholesale.
132.
Newspaper publishers.
133.
Book publishers.
134.
Software publishers.
135.
Film and sound recording studios.
D.
Accessory uses.
1.
Uses customarily incidental and accessory to a principal permitted
use.
2.
Outdoor dining facility.
3.
Telephone communication distribution.
4.
Coaxial cable communication distribution.
5.
Natural gas distribution.
6.
Electric power transmission and distribution.
7.
Public water supply purveyance and distribution.
8.
Sanitary sewer lines.
[Amended 11-10-2003 by Ord. No. 03-35; 3-12-2007 by Ord. No. 07-11; 2-28-2022 by Ord. No. 22-09; 10-11-2022 by Ord. No. 22-45; 12-22-2022 by Ord. No. 22-51]
A.
Purpose. The LI Zone District provides for light industrial uses,
as well as office uses according to design standards set forth in
this Chapter.
B.
Permitted uses.
1.
Planned Commercial Development (note: see Subsection LDO-404.11F).
2.
Christmas tree sales (outdoor).
3.
Heating/fuel oil dealers and distributors.
4.
Commercial banking.
5.
Savings institutions.
6.
Bank.
7.
Credit unions.
8.
Consumer lending.
9.
Real estate credit.
10.
All other nondepository credit intermediation.
11.
Financial clearinghouse and reserve activities.
12.
Investment banking and securities dealing.
13.
Securities brokerage.
14.
Direct life Insurance carriers.
15.
Direct health and medical insurance carriers.
16.
Insurance agencies and brokerages.
17.
Claims adjusting.
18.
All other insurance related activities.
19.
Offices of real estate agents.
20.
Offices of real estate appraisers.
21.
Computer training facility.
22.
Apprenticeship training.
23.
Other technical and trade schools.
24.
Sports and recreation instruction.
25.
Art, music, dance and martial-arts instruction.
26.
All other miscellaneous schools and instruction.
27.
Offices of physicians (exc mental health).
28.
Offices of physicians, mental health.
29.
Offices of dentists.
30.
Offices of chiropractors.
31.
Offices of optometrists.
32.
Offices of physical, occupational and speech therapists, and
audiologists.
33.
Offices of podiatrists.
34.
All other outpatient care centers.
35.
Diagnostic imaging centers.
36.
Home health care services.
37.
Ambulance and first aid services.
38.
Nonresidential services for elderly and disabled persons, including
adult day care.
39.
Child-care center.
40.
Health and fitness club.
41.
Indoor recreational facility.
42.
Public community centers.
43.
Public parks and recreational facilities.
44.
Grantmaking foundations.
45.
Civic and social organizations.
46.
Professional organizations.
47.
Labor unions and similar labor organizations.
48.
Hotels (excluding casino hotels).
49.
Hotels, extended stay lodging facilities.
50.
Full-service restaurants.
51.
Restaurant.
52.
Snack and nonalcoholic beverage bars.
53.
General automotive repair and maintenance (mechanical and electrical
systems).
54.
Automotive body repair, painting and interior repair and maintenance.
55.
Automotive oil change and lubrication shops.
56.
Installation of auto phones.
57.
Automotive body repair and painting.
58.
Automotive service station.
59.
Welding shops and blacksmiths.
60.
Machine shops.
61.
Offices of lawyers.
62.
Offices of certified public accountants.
63.
Other accounting services.
64.
Architectural services.
65.
Landscape architectural services.
66.
Professional planning services.
67.
Engineering services.
68.
Building inspection services.
69.
Testing laboratories.
70.
Custom computer programming services.
71.
Computer systems design services.
72.
Computer facilities management services.
73.
Other computer related services.
74.
Administration and general management consulting services.
75.
Other scientific and technical consulting services.
76.
Advertising agencies.
77.
Other services related to advertising.
78.
Veterinary services/animal hospital.
79.
Photography studios and videography services.
80.
All other professional, scientific and technical services.
81.
Corporate, subsidiary and regional managing office.
82.
Office administrative services.
83.
Facilities support services.
84.
Employment placement agencies.
85.
Private mail centers.
86.
Quick printing.
87.
All other business support services.
88.
Travel agencies.
89.
Investigation and security services.
90.
Security systems services (except locksmiths).
91.
Janitorial services.
92.
Landscaping maintenance services.
93.
Carpet and upholstery cleaning services.
94.
Other services to buildings and dwellings.
95.
Municipal facilities.
96.
Fire department facilities.
97.
Public safety facilities.
98.
First aid facilities.
99.
Board of Education facilities.
100.
Public works facilities.
101.
Plumbing, heating and AC contractors.
102.
Painting and wall covering contractors.
103.
Electrical contractors.
104.
Masonry and stone contractors.
105.
Carpentry contractors.
106.
Floor laying and other floor contractors.
107.
Roofing, siding, and sheet metal contractors.
108.
Concrete contractors.
109.
Structural steel erection contractors.
110.
Glass and glazing contractors.
111.
Excavation contractors.
112.
Landscaping contractors.
113.
Building equipment and other machine installation contractors.
114.
All other special trade contractors.
115.
Frozen specialty food manufacturing.
116.
Animal slaughtering.
117.
Meat processed from carcasses.
118.
Rendering and meat by-product processing.
119.
Commercial wholesale bakeries.
120.
Knit fabric and lace mills.
121.
Canvas and related product mills.
122.
All other miscellaneous textile product mill.
123.
Lumber millwork (including flooring).
124.
Commercial lithographic printing.
125.
Other commercial printing.
126.
Prepress services.
127.
Medicinal and botanical manufacturing.
128.
Research laboratory.
129.
Pharmaceutical preparation manufacturing.
130.
All other miscellaneous chemical product and prep manufacturing.
131.
Fabricated structural metal manufacturing.
132.
Sheet metal work manufacturing.
133.
Electroplating, polish, anodize, color.
134.
Industrial mold manufacturing.
135.
Other metalworking machinery manufacturing.
136.
Radio, TV broadcast and wireless communications equipment manufacturing.
137.
Other electronic component manufacturing.
138.
Automatic environmental control manufacturing.
139.
Surgical and medical instrument manufacturing.
140.
Dental laboratories.
141.
Sign manufacturing.
142.
All other miscellaneous light manufacturing.
143.
Automobile and other motor vehicle wholesale.
144.
Furniture wholesale.
145.
Home furnishing wholesale.
146.
Computer and peripheral equip and software wholesale.
147.
Other professional equipment and supplies wholesale.
148.
Metal service centers and offices wholesale.
149.
Electrical equipment, wiring supplies, construction materials
wholesale.
150.
Other electronic parts and equipment wholesale.
151.
Hardware wholesale.
152.
Refrigeration equipment and supplies wholesale.
153.
Industrial machinery and equipment wholesale.
154.
Industrial supplies wholesale.
155.
Service establishment equipment and supplies wholesale.
156.
Recyclable material wholesale.
157.
Other miscellaneous durable goods wholesale.
158.
Stationery and office supplies wholesale.
159.
Industrial and personal service paper wholesale.
160.
Drugs and druggists' sundries wholesale.
161.
Women's, children's, infants' clothing wholesale.
162.
General line grocery wholesale.
163.
Packaged frozen food wholesale.
164.
Dairy product (excluding dried or canned) wholesale.
165.
Poultry and poultry product wholesale.
166.
Fish and seafood wholesale.
167.
Meat and meat product wholesale.
168.
Fresh fruit and vegetable wholesale.
169.
Other grocery and related products wholesale.
170.
Plastics materials and basic forms, shapes wholesale.
171.
Flower, nursery stock, florists' supplies.
172.
Tobacco and tobacco product wholesale.
173.
Other miscellaneous nondurable goods wholesale.
174.
General freight trucking, long-distance (Truckload).
175.
General freight trucking, long-distance (Less Than Truckload
LTL).
176.
Long-term storage of wholesale goods.
177.
Flex storage space.
178.
Household and office goods moving.
179.
Business and other motor vehicle transit systems.
180.
Taxi service.
181.
School and employee bus transportation operations.
182.
Motor vehicle towing operations.
183.
Freight transportation arrangement.
184.
Couriers.
185.
Local messengers and local delivery.
186.
Newspaper publishers.
187.
Book publishers.
188.
Software publishers.
189.
Film and sound recording studios.
190.
Television and radio antenna broadcasting.
191.
Data center.
C.
Conditional uses. (Note: retail type uses specified below are subject to conditional use standards prescribed in Subsection LDO-415.17, entitled Retail Sales and Service.)
1.
Mobile home park.
2.
Floor covering stores.
3.
Home furnishings stores.
4.
Household appliance stores.
5.
Radio, television and other electronics stores.
6.
Computer and software stores.
7.
Musical instrument stores.
8.
Music stores (CDs, cassettes, videos, records).
9.
Building material and plumbing supply dealers.
10.
Power equipment stores.
11.
Cosmetics, beauty supplies and perfume store.
12.
Food (health) supplement stores.
13.
Health and personal care stores.
14.
Family clothing and apparel stores.
15.
Lingerie and corset stores.
16.
Swimwear stores.
17.
Jewelry stores.
18.
Shoe stores.
19.
Hobby, toy and game stores.
20.
Bicycle stores.
21.
Sporting goods stores (excluding firearms).
22.
Arts and craft shops.
23.
General merchandise stores.
24.
Office equipment, supplies and stationery stores.
25.
Pet food and pet supplies stores.
26.
Electronic shopping and mail-order houses.
27.
Restaurant, drive-through.
28.
Self-storage facility.
29.
Billboard.
30.
Centralized telephone utility installations.
31.
Centralized coaxial cable utility installations.
32.
Public utility facility.
33.
Electricity regulating substations.
34.
Wireless telecommunications facility.
35.
Cannabis class uses, as set forth in Subsection LDO-415.21.
D.
Accessory uses.
1.
Uses customarily incidental and accessory to a principal permitted
use.
2.
Health and fitness club as an accessory use to a principal permitted
office or hotel use.
3.
Helistops.
4.
Surface level parking lots or multi-level parking structures.
5.
Energy facilities located on or within principal buildings.
Facilities may not exceed the height of the principal structure by
more than 25 feet and may generate no more than 250% of the energy
demanded by said principal use, or 50 kilowatts per year per square
foot of space.
[Ord. No. 00-40, 7-24-2000; amended 12-9-2002 by Ord. No. 02-42]
A.
Purpose. The objectives of the following regulations and standards are to encourage innovations in residential, commercial and public development and redevelopment to achieve greater variety in type, layout and siting of buildings and the conservation and more efficient use of open space ancillary to those buildings or tracts of land under a comprehensive plan of development. Such comprehensive control over an entire development, rather than lot-by-lot regulations, should produce a well designed development that will have a beneficial effect upon the health, safety, general welfare and morals of the Township and the neighboring areas. Zoning Ordinance regulations specific to Planned Commercial Development in the LI and C-1 Zone Districts are contained in Section LDO-414.
B.
Regulations.
1.
Permitted uses.
[Amended 11-10-2003 by Ord. No. 03-35]
(a)
Adult retirement community.
(b)
Detached single family residence.
(c)
Multi-family dwellings.
(d)
Townhouses.
(e)
Commercial uses in conjunction with a Planned Unit Development
(PUD) to the extent such non-residential use is designed and intended
to be compatible with the Planned Unit Development (PUD), including:
(i)
Floor covering stores.
(ii)
Home furnishings stores.
(iii)
Household appliance stores.
(iv)
Radio, television and other electronics stores.
(v)
Computer and software stores.
(vi)
Musical instrument stores.
(vii)
Music stores (CDs, cassettes, videos, records).
(viii)
Home centers.
(ix)
Hardware stores.
(x)
Outdoor lumberyards.
(xi)
Building material and plumbing supply dealers.
(xii)
Power equipment stores.
(xiii)
Grocery (except convenience) stores.
(xiv)
Convenience stores.
(xv)
General stores.
(xvi)
Retail bakeries.
(xvii)
Delicatessens.
(xviii)
Butcher shops.
(xix)
Fish and seafood markets.
(xx)
Fruit and vegetable markets.
(xxi)
Beer, wine and liquor stores.
(xxii)
Pharmacies and drug stores.
(xxiii)
Cosmetics, beauty supplies and perfume stores.
(xxiv)
Food (health) supplement stores.
(xxv)
Health and personal care stores.
(xxvi)
Family clothing and apparel stores.
(xxvii)
Lingerie and corset stores.
(xxviii)
Swimwear stores.
(xxix)
Jewelry stores.
(xxx)
Shoe stores.
(xxxi)
Hobby, toy and game stores.
(xxxii)
Bicycle stores.
(xxxiii)
Sporting goods stores (excluding firearms).
(xxxiv)
Arts and craft shops.
(xxxv)
Family book stores.
(xxxvi)
Magazine/newspaper stands.
(xxxvii)
Department stores.
(xxxviii)
General merchandise stores.
(xxxix)
Florists/flower shops.
(xl)
Gift shops.
(xli)
Greeting card stores.
(xlii)
Seasonal holiday stores.
(xliii)
Christmas tree sales (outdoor).
(xliv)
Office equipment, supplies and stationery stores.
(xlv)
Pet food and pet supplies stores.
(xlvi)
Pet stores.
(xlvii)
Membership warehouse club (retail).
(xlviii)
Tobacco shops.
(xlix)
Art dealers.
(l)
Antique shops.
(li)
Commercial banking.
(lii)
Savings institutions.
(liii)
Banks.
(liv)
Credit unions.
(lv)
Consumer lending.
(lvi)
Real estate credit.
(lvii)
All other nondepository credit intermediation.
(lviii)
Financial clearinghouse and reserve activities.
(lix)
Investment banking and securities dealing.
(lx)
Securities brokerage.
(lxi)
Direct life insurance carriers.
(lxii)
Direct health and medical insurance carriers.
(lxiii)
Insurance agencies and brokerages.
(lxiv)
Claims adjusting.
(lxv)
All other insurance related activities.
(lxvi)
Offices of real estate agents.
(lxvii)
Offices of real estate appraisers.
(lxviii)
Other activities related to real estate.
(lxix)
Consumer electronics and appliances rental.
(lxx)
Videotape and disc rental.
(lxxi)
Home health equipment rental.
(lxxii)
Consumer goods rental.
(lxxiii)
Musical instrument rental.
(lxxiv)
General rental centers.
(lxxv)
Offices of physicians (exc mental health).
(lxxvi)
Offices of physicians, mental health.
(lxxvii)
Offices of dentists.
(lxxviii)
Offices of chiropractors.
(lxxix)
Offices of optometrists.
(lxxx)
Offices of physical, occupational and speech
therapists, and audiologists.
(lxxxi)
Offices of podiatrists.
(lxxxii)
All other outpatient care centers.
(lxxxiii)
Diagnostic imaging centers.
(lxxxiv)
Home health care services.
(lxxxv)
Ambulance and first aid services.
(lxxxvi)
Nonresidential services for elderly and disabled
persons, including adult day care.
(lxxxvii)
Child-care center.
(lxxxviii)
Family day care.
(lxxxix)
Agents, managers for artists and other public
entertainers.
(xc)
Independent artists, writers and performers.
(xci)
Amusement arcades.
(xcii)
Bowling centers.
(xciii)
Billiards/pool halls.
(xciv)
Golf course, full size.
(xcv)
Golf course, miniature.
(xcvi)
Golf course driving range.
(xcvii)
Indoor recreational facility.
(xcviii)
Public community centers.
(xcix)
Public parks and recreational facilities.
(c)
Theater, motion picture (indoor).
(ci)
Theater, performing arts.
(cii)
Places of worship.
(ciii)
Grantmaking foundations.
(civ)
Civic and social organizations.
(cv)
Professional organizations.
(cvi)
Labor unions and similar labor organizations.
(cvii)
Food service contractors/catering.
(cviii)
Banquet facilities.
(cix)
Full-service restaurants.
(cx)
Restaurant.
(cxi)
Restaurant, take-out.
(cxii)
Snack and nonalcoholic beverage bars.
(cxiii)
Barber and beauty shops, beauty salons and
parlors, hairdressers.
(cxiv)
Cosmetic salons and cosmetology services.
(cxv)
Hotel beauty parlors and beauty shops.
(cxvi)
Manicure salon or nail services.
(cxvii)
Wig grooming service.
(cxviii)
Diet and weight reducing centers.
(cxix)
Depilatory salons (hair removal).
(cxx)
Ear piercing services.
(cxxi)
Electrologist's studio.
(cxxii)
Electrolysis studio.
(cxxiii)
Scalp treatment.
(cxxiv)
Hair replacement.
(cxxv)
Tanning salons.
(cxxvi)
Funeral homes.
(cxxvii)
Consumer electronics repair and maintenance.
(cxxviii)
Household item repair and maintenance.
(cxxix)
Computer and office machine repair and maintenance.
(cxxx)
Communication equipment repair and maintenance.
(cxxxi)
Commercial equipment (excluding auto and electrical)
repair and maintenance.
(cxxxii)
Appliance repair and maintenance.
(cxxxiii)
Furniture cleaning, refinishing and repair
shops.
(cxxxiv)
Musical instrument repair shop.
(cxxxv)
Leather goods repair services.
(cxxxvi)
Shoe repair and shoeshine parlors.
(cxxxvii)
Bicycle repair shops.
(cxxxviii)
Locksmiths.
(cxxxix)
Welding shops and blacksmiths.
(cxl)
Machine shops.
(cxli)
Gunsmiths (no retail).
(cxlii)
Swimming pool cleaning and maintenance services.
(cxliii)
Coin-operated laundries and dry cleaners.
(cxliv)
Dry-cleaning and laundry services (excluding
coin-op).
(cxlv)
Linen supply.
(cxlvi)
Tailor and mending of garments.
(cxlvii)
Film developing services, retail.
(cxlviii)
Pet grooming services.
(cxlix)
Offices of lawyers.
(cl)
Offices of certified public accountants.
(cli)
Other accounting services.
(clii)
Architectural services.
(cliii)
Landscape architectural services.
(cliv)
Professional planning services.
(clv)
Engineering services.
(clvi)
Building inspection services.
(clvii)
Testing laboratories.
(clviii)
Custom computer programming services.
(clix)
Computer systems design services.
(clx)
Computer facilities management services.
(clxi)
Other computer related services.
(clxii)
Administration and general management consulting
services.
(clxiii)
Other scientific and technical consulting
services.
(clxiv)
Advertising agencies.
(clxv)
Other services related to advertising.
(clxvi)
Veterinary services/animal hospital.
(clxvii)
Photography studios and videography services.
(clxviii)
All other professional, scientific and technical
services.
(clxix)
Corporate, subsidiary and regional managing
office.
(clxx)
Office administrative services.
(clxxi)
Facilities support services.
(clxxii)
Employment placement agencies.
(clxxiii)
Private mail centers.
(clxxiv)
Quick printing.
(clxxv)
All other business support services.
(clxxvi)
Travel agencies.
(clxxvii)
Investigation and security services.
(clxxviii)
Security systems services (except locksmiths).
(clxxix)
Janitorial services.
(clxxx)
Landscaping maintenance services.
(clxxxi)
Carpet and upholstery cleaning services.
(clxxxii)
Other services to buildings and dwellings.
(clxxxiii)
Municipal facilities.
(clxxxiv)
Fire department facilities.
(clxxxv)
Public safety facilities.
(clxxxvi)
First aid facilities.
(clxxxvii)
Board of Education facilities.
(clxxxviii)
Soil preparation, planting, and cultivating
(for profit).
(clxxxix)
Commercial nurseries.
(cxc)
Greenhouses.
(cxci)
Silviculture.
3.
Accessory uses.
[Amended 11-10-2003 by Ord. No. 03-35]
(a)
Uses customarily incidental and accessory to a principal permitted
use.
(b)
Home occupation.
(c)
Home professional office.
(d)
Swimming pools, private.
(e)
Tennis courts, private.
(f)
Health and fitness club.
(g)
Recreational clubhouse, concession stand.
(h)
Parking for principal use.
(i)
Telephone communication distribution.
(j)
Coaxial cable communication distribution.
(k)
Emergency services radio communication facilities.
(l)
Natural gas distribution.
(m)
Electric power transmission and distribution.
(n)
Public water supply purveyance and distribution.
(o)
Sanitary sewer lines.
4.
General development standards. The following general development
standards shall be met by any PUD:
|
General Development Standards
| |
|---|---|
|
Minimum gross area
|
100 acres
|
|
Minimum section or phase area
|
10 acres
|
|
Maximum PUD overall residential density
|
2.4 dwelling units per acre
|
|
Minimum number of dwelling units per section or phase
|
50
|
|
Minimum floor area for commercial uses
|
10,000 square feet, singly or in combination
|
|
Adult Retirement Community
| |
|
Maximum density for adult retirement community
|
6 dwelling units per acre; per section or phase
|
|
Bulk requirements per detached single family residential lot
|
Interior lots shall conform to R-4 Zone requirements and corner
lots shall conform to R-3 Zone requirements
|
|
Minimum gross area for adult retirement community
|
10 acres
|
5.
A PUD in excess of 100 acres shall include a golf course as part
of its overall development.
6.
In order to encourage and enable a PUD of desirable and imaginative
design and to maintain the standards of this section, it is required
that all sections or phases be developed in accordance with a comprehensive
final plan for the overall development of the property as approved
by the Planning Board. If developed in sections or phases, the first
section or phase shall include, at a minimum, the golf course and
all improvements necessary to serve the golf course, residential and
commercial components of this section or phase. This is to ensure
that each section or phase can be self supported and complete.
7.
Residential development.
(a)
The residential area in which the dwelling units are constructed
which will be over the entire PUD, excluding the acreage fronting
on State Highway 66 to a depth of 500 feet, which is designated for
commercial use (as to the Jumping Brook site approximately 14.98 acres)
and excluding 104 acre golf course, shall include 16 single family
homes, which must be adjacent to the R-1 Zone. The residential component
of the PUD shall be constructed in accordance with the following standards:
(i)
The residential development shall be permitted on any portion
of the development except any portion that fronts on State Highway
66 to a depth of 500 feet.
(ii)
Compatible commercial uses shall be allowed, in
the area described in Paragraph B(7)(a) above, but shall be a golf
course, clubhouse, restaurant, banquet facility or hotel. An adult
retirement community shall provide a clubhouse or other community
facility to allow for active recreation and social opportunities.
(iii)
Coverage of the residentially developed portion
of the site, by buildings, shall not exceed 30%.
(iv)
In a townhouse development, there shall not be
more than eight nor less than four attached townhouses in any row.
(v)
No townhouse structure shall exceed a height of three stories
or 35 feet.
(vi)
No structure containing a group of attached townhouses
shall exceed a length of 200 feet.
(vii)
The minimum floor area for attached townhouse
shall be at least 1,200 square feet for one story structures and 1,600
square feet for two story structures. Detached single family dwellings
shall have a minimum floor area 1,400 square feet for one story structures
1,700 square feet for two story structures.
(viii)
A minimum distance of 30 feet shall be maintained
between each building not located on a detached single family lot.
Buildings not located on a detached single family lot shall have a
minimum setback of 30 from any detached single family lot line. Buildings
not located on a detached single family lot shall have a minimum front
yard setback area of 10 feet, measured as the distance between the
front building line and the street right-of-way line, private roadway
and utility easement or parking lot, whatever the case may be.
(ix)
There shall be a perimeter setback of at least
50 feet from all sides of the residential developed portion of the
site. Where the development abuts existing residences, this buffer
area shall be landscaped to provide a visual screen.
(x)
Inner courts shall be prohibited; the minimum width of outer
courts shall be 30 feet; the depth thereof shall not exceed its width.
(xi)
For each dwelling unit there shall be provided
at least two on-site parking spaces as defined in this Chapter and
one of the two parking spaces shall be contained in a fully enclosed
garage. In addition, there shall be provided at least one visitor
parking space for every three dwelling units, distributed in locations
throughout the entire development that will be most convenient for
callers to the residents in the development. Wherever open surface
parking spaces are provided for four or more vehicles, such spaces
shall be individually identified by pavement markings and shall be
screened by a substantial wall, fence of a design compatible with
that of the principal buildings or a thick hedge four feet in height
above the average finished grade of the parking area. No parking spaces
shall be located in any part of the required perimeter minimum setback
area.
(xii)
All townhouse units and buildings shall be of
designs which are compatible with other residential structures in
the neighborhood to achieve a maximum of architectural harmony. In
siting rows of townhouses, individual dwelling units contained within
each row must be staggered to avoid a monotonous, uniform appearance.
(xiii)
Every dwelling unit within the residential development
shall be served by public water and public sanitary sewer facilities
which shall be installed by and at the expense of the developer. In
addition, the developer shall, at his own expense, install and maintain
roads, driveways, guest parking facilities, street lights, fire hydrants,
landscaping and recreation facilities and any other improvements such
as drainage facilities as required according to the standards of the
Township and as provided for major subdivisions and site plans under
N.J.S.A. 40:55D-1 et seq. of the Municipal Land Use Law.
(xiv)
All utilities within a residential development
shall be installed underground.
(xv)
Garbage and refuse storage and collection shall
be provided at appropriate and convenient locations by the developers.
(xvi)
When 75% of the dwelling units of an approved
phase of the development are occupied, the control of the Condominium
Association shall be turned over to the Homeowners' Association.
(b)
Golf course. A golf course shall have an area of at least 104
acres and shall contain 18 holes. In the case of the Jumping Brook
site, the golf course shall contain at least the same playing yardage
6,479 yards as currently exists. Owners of residential units in the
PUD shall have a right to be members of the golf course and the golf
course shall be owned and maintained by an Association. The golf course
shall remain as open space in perpetuity and nothing shall be constructed
on its playing area except for necessary and appropriate structures
such as maintenance sheds. The provisions of the Municipal Land Use
Law, N.J.S.A. 40:55D-43 shall be in effect with respect to an open
space organization.
(c)
Additions to PUD. No construction permit shall be issued for
construction of an addition to the PUD except in areas having a minimum
size of 150 acres.
8.
Commercial land uses. Commercial land uses shall be permitted subject
to the following standards:
(a)
Commercial uses, excluding a golf course, shall not occupy more
than 15% of the PUD. With the exception of a golf course, clubhouse,
restaurant, nightclub, banquet facility or hotel which may be located
anywhere on the site that the Planning Board deems appropriate, all
of the commercial development of the site shall only take place along
that portion of the site which has frontage along State Highway 66
to a depth of 500 feet; as to the Jumping Brook site, approximately
14.98 acres.
(b)
The Planning Board may in its discretion permit expansion of
the area of the site to be developed commercially, so long as the
total amount of property used for commercial purposes, excluding the
golf course, does not exceed 20% of the PUD; as to the Jumping Brook
site, not to exceed approximately 40 acres. The Planning Board may
only permit the expansion of the commercial area pursuant to this
paragraph so long as the expansion does not reduce the area reserved
for the golf course as set forth in Paragraph B8(d) of this section.
(c)
Commercial uses, as described above, shall be limited to the
following: general office buildings, computer centers, research laboratories,
banking facilities, hotels, restaurants and designed shopping centers
which include retail and service establishments. Outdoor displays
and outdoor storage of goods and/or merchandise are specifically prohibited.
(d)
A minimum front yard setback of 50 feet shall be provided from
New Jersey State Highway 66.
(e)
Minimum side yards of 25 feet shall be provided.
(f)
A minimum rear yard of 50 feet shall be provided. This rear
yard buffer shall be landscaped to provide a screen for the residential
portion of the development; landscaping shall be located entirely
on the commercial portion of the site.
(g)
A maximum building height of six stories or 65 feet shall be
allowed.
(h)
A minimum building floor area of 5,000 square feet shall be
allowed.
(i)
A maximum lot coverage, by buildings, of 30% shall be allowed.
(j)
Parking for office, retail and services uses shall be a minimum
of four spaces for each 1,000 square feet of gross floor area.
(k)
Parking for hotels and motels shall be a minimum of one space
for each room plus one space for each full time employee.
(l)
Parking for restaurants shall be a minimum of one space for
each 40 square feet devoted to patron use plus one space for each
full-time employee.
9.
Common open space. There shall be provided at least 20% of the gross
area of a PUD for open space use, in such dimensions and locations
as to be utilized to the maximum extent for active and passive recreation
facilities. The common open space requirement may be reduced to 10%
in conjunction with an adult retirement community, provided adequate
active recreation facilities are provided. Open space set-asides shall
be in addition to parking and loading areas, streets, pedestrian walks
or principal recreational land uses such as a golf course, swim club,
etc. The type of improvement and the organization having responsibility
for maintenance of the open space, including the golf course, shall
be clarified as required in this section and included in the Master
Deed and reviewed and approved by the Planning Board and State Department
of Community Affairs.
10.
Open space, streets and other requirements. All open spaces
between buildings shall be protected by fully recorded covenants running
with the land, conveyances or dedications. The right-of-way and pavement
widths for all internal streets, roads or other accessways for vehicles
and/or pedestrians shall be determined on the basis of the Township's
planning and engineering standards and shall be based on the projected
needs of the full development of all land uses, proposed in the comprehensive
final plan, and the traffic to be generated by such land use as well
as the need for access for firefighting, ambulances and other emergency
vehicles.
11.
Common open spaces and other common uses. Every structure, use
or land designated for common private usage or in common ownership
or control by occupants or which functions as an independent corporate
property owner or agent of management shall be located on a plot of
land which shall be fully dimensioned and designated as representing
the area of responsibility and extent of such ownership or management
on the final plan or a plan for a section or stage of a PUD and the
Master Deed.
12.
Responsibility for utilities and services. Within the PUD, all
private roads, walkways, services, utilities, maintenance and expenses
which are comprised of or incurred in any of the interior sections
of the PUD shall be the obligation of the unit owners, and under no
circumstances shall an application be considered, whether to the Planning
Board or to the governing body, which seeks to have the Township agree
to pay all or any portion of such expenses. Services, utilities and
maintenance shall be defined to mean all those services normally rendered
by the municipality (except Police, Fire and First Aid to the extent
normally provided), including but not limited to garbage collection,
snow-plowing, lighting changes, road, sanitary sewer and storm sewer
maintenance and replacement, water hydrants, etc. Each contract of
sale and deed of conveyance for units in the PUD shall specifically
set forth a complete copy of this paragraph (with sufficient identifying
language) so that all purchasers shall be aware of the conditions
therein set forth.
C.
Tentative approval.
1.
Pre-Application Conference. Prior to official submittal of an application
for consideration of a PUD, the applicant shall meet with the Planning
Board, or duly designated officer thereof, for a pre-application conference
as to the location, scope and nature of the proposed development.
2.
All planning and subdivision data relating to the platting, use and
development of the PUD and subsequent modifications of the regulations
relating thereto, shall be determined and established by the Planning
Board.
3.
The application and development plan for tentative approval shall include plans and data as required in Articles VII and VIII of this Chapter, in addition to the following information:
(a)
Location and size of the site and the nature of the applicant's
interest in the land proposed to be developed.
(b)
An accurate topographic and boundary line map of the site; if
applicable, areas to be filled and evidence that such treatment would
be in accordance with the ordinances of the Township.
(c)
Density computations of all land uses proposed for various parts
of the site, number of dwelling units and other similar data pertinent
to a comprehensive evaluation of the proposed development.
(d)
Use, type, approximate bulk, height and location of proposed
structures.
(e)
Location and size of any common open space and the form of organization
proposed to own and maintain such open space.
(f)
Copy of the proposed organizational structure related to Property
Owners Association, protective covenants, deeds of dedication, by-laws,
regulations and master deeds, proposed easements or grants for public
utilities.
(g)
Proposals for the sanitary waste and storm water disposal systems
as they affect the PUD site and surrounding property.
(h)
Proposed public and private roads, driveways and parking and
loading facilities, drawn to scale. A traffic study, which discusses
potential impacts and mitigation measures, shall be submitted.
(i)
Location of any golf course or other recreation facility to
be retained, if applicable.
(j)
Proposed schedule within which applications for final approval
of all sections of the PUD are intended to be filed.
(k)
Variations, if any, from land use regulations otherwise applicable
to subject property.
(l)
The substance of covenants, grants of easement or other restrictions
imposed on the use of land and buildings.
5.
The application shall include a written statement by the applicant
setting forth the reasons why, in his opinion, a PUD would be consistent
with the purposes and objectives set forth in this subsection.
6.
Prior to approval of an application for PUD, the Planning Board shall
find the following facts and conclusions:
(a)
That departures by the proposed development from zoning regulations
otherwise applicable to the subject property conform to the zoning
ordinance standards set forth for Planned Unit Developments;
(b)
That the proposals for maintenance and conservation of the common
open space are reliable and the amount, location and purpose of the
common open space are adequate;
(c)
That provisions through the physical design of the proposed
development for public services, control over vehicular and pedestrian
traffic and the amenities of light and air, recreation and visual
enjoyment are adequate;
(d)
That the proposed planned development will not have an unreasonable
adverse impact upon the area in which it is proposed to be established;
(e)
In the case of a proposed development which contemplates construction
over a period of years, that the terms and conditions intended to
protect the interests of the public and of the residents, occupants
and owners of the proposed development in the total completion of
the development are adequate.
(f)
Review and approval of an application for PUD shall be in accordance
with the procedures for site plan approval as contained in the Zoning
Ordinance of the Township and the Municipal Land Use Law.
[Ord. No. 00-40, 7-24-2000]
A.
Purpose. The C Zone District intends to provide for public and quasi-public
uses, as well as community and service facilities that serve a general
public purpose.
B.
Permitted uses.
[Amended 11-10-2003 by Ord. No. 03-35]
1.
Adult retirement community.
2.
Detached single family residence (note: see Subsection LDO-406.01F).
3.
Commercial banking.
4.
Savings institutions.
5.
Bank.
6.
Credit unions.
7.
Consumer lending.
8.
Real estate credit.
9.
All other nondepository credit intermediation.
10.
Financial clearinghouse and reserve activities.
11.
Investment banking and securities dealing.
12.
Securities brokerage.
13.
Direct life insurance carriers.
14.
Direct health and medical insurance carriers.
15.
Insurance agencies and brokerages.
16.
Claims adjusting.
17.
All other insurance related activities.
18.
Offices of real estate agents.
19.
Offices of real estate appraisers.
20.
Other activities related to real estate.
21.
Private or public elementary, middle or high school.
22.
Early childhood education center.
23.
Vocational school.
24.
Computer training facility.
25.
Sports and recreation instruction.
26.
Art, music, dance and martial-arts instruction.
27.
All other miscellaneous schools and instruction.
28.
Offices of physicians (exc mental health).
29.
Offices of physicians, mental health.
30.
Offices of dentists.
31.
Offices of chiropractors.
32.
Offices of optometrists.
33.
Offices of physical, occupational and speech therapists, and
audiologists.
34.
Offices of podiatrists.
35.
All other outpatient care centers.
36.
Diagnostic imaging centers.
37.
Home health care services.
38.
Ambulance and first aid services.
39.
General medical and surgical hospitals.
40.
Hospital.
41.
Assisted living facility.
42.
Homes for the elderly.
43.
Long-term care facility.
44.
Nursing care facilities.
45.
Other residential care facilities.
46.
Nonresidential services for elderly and disabled persons, including
adult day care.
47.
Child-care center.
48.
Family day care.
49.
Golf course, full size.
50.
Golf course, miniature.
51.
Golf course driving range.
52.
Indoor recreational facility.
53.
Public community centers.
54.
Public parks and recreational facilities.
55.
Theater, performing arts.
56.
Places of worship.
57.
Offices of lawyers.
58.
Offices of certified public accountants.
59.
Other accounting services.
60.
Architectural services.
61.
Landscape architectural services.
62.
Professional planning services.
63.
Engineering services.
64.
Building inspection services.
65.
Testing laboratories.
66.
Custom computer programming services.
67.
Computer systems design services.
68.
Computer facilities management services.
69.
Other computer related services.
70.
Administration and general management consulting services.
71.
Other scientific and technical consulting services.
72.
Advertising agencies.
73.
Other services related to advertising.
74.
Veterinary services/animal hospital.
75.
Photography studios and videography services.
76.
All other professional, scientific and technical services.
77.
Corporate, subsidiary and regional managing office.
78.
Office administrative services.
79.
Facilities support services.
80.
Employment placement agencies.
81.
Private mail centers.
82.
Quick printing.
83.
All other business support services.
84.
Municipal facilities.
85.
Fire department facilities.
86.
Public safety facilities.
87.
First aid facilities.
88.
Board of Education facilities.
89.
Public works facilities.
90.
Medicinal and botanical manufacturing.
91.
Research laboratory.
92.
Pharmaceutical preparation manufacturing.
93.
Dental laboratories.
94.
Taxi service.
95.
School and employee bus transportation operations.
96.
Couriers.
97.
Local messengers and local delivery.
D.
Accessory uses.
[Amended 11-10-2003 by Ord. No. 03-35]
1.
Uses customarily incidental and accessory to a principal permitted
use.
2.
Home occupation.
3.
Home professional office.
4.
Swimming pools, private.
5.
Tennis courts, private.
6.
Educational support services.
7.
Recreational clubhouse, concession stand.
8.
Helistops.
9.
Parking for principal use.
10.
Telephone communication distribution.
11.
Coaxial cable communication distribution.
12.
Emergency services radio communication facilities.
13.
Natural gas distribution.
14.
Electric power transmission and distribution.
15.
Public water supply purveyance and distribution.
16.
Sanitary sewer lines.
F.
Single-family detached residential development. Pre-existing nonconforming
single-family detached residential development in the C Zone District
shall conform to the bulk requirements set forth for the R-1 Zone
District per Schedule B-1.[2]
[2]
Editor's Note: Said schedule is included as an attachment
to this Chapter.
G.
Regulations for Hospital Use:
[Added 6-27-2005 by Ord.
No. 05-19]
1.
Bulk requirements:
(a)
Minimum lot area: 200,000 square feet.
(b)
Maximum floor area ratio: 1.5.
(c)
Minimum lot width: 150 feet.
(d)
Minimum lot frontage: 150 feet.
(e)
Minimum lot depth: 150 feet.
(f)
Minimum front yard setback: 50 feet.
(g)
Minimum side yard setback: 50 feet.
(h)
Minimum combined side yard setback: 150 feet.
(i)
Minimum rear yard setback: 75 feet. A rear yard setback of 25
feet shall be permitted for the portion of the rear yard of the hospital
use, which abuts public property.
(j)
Maximum percent building cover: 50%.
(k)
Maximum percent impervious coverage: 100%.
[Amended 3-9-2015 by Ord.
No. 15-09]
(l)
Maximum number of building stories/height - principal building:
13 stories/240 feet.
(m)
Maximum height of multilevel parking structure: eight stories/115
feet.
(n)
Minimum improvable area: 96,000 square feet.
(o)
Minimum improvable area-diameter of a circle: 201 feet.
(p)
Height exemptions. The maximum height requirement for a hospital
use shall apply except for the following:
(i)
The height of roof-mounted mechanical equipment,
any elevator overrun and roof-mounted radio masts and antennas shall
not exceed 25 feet above the level of such roof, provided architectural-compatible
screening of the mechanical equipment is constructed to minimize the
visual appearance. The elevator overrun, for the purposes of this
Chapter, shall be defined as the building area located above the elevator
shaft.
(ii)
Due to the mechanical equipment required for a
hospital use, the aggregate area covered by all such features shall
not be limited, provided appropriate screening at the roof level is
installed.
(q)
Setback Exemption. The below-ground portion of any underground
parking structure shall be exempt from the setback requirements.
2.
Design Requirements.
(a)
Parking Lot Landscaping. The Parking Lot landscaping requirements of Section LDO-509I, which requires that no more than eight parking spaces shall be placed in one continuos row of parking without an intervening landscaped island strip, may be relaxed by the Planning Board due to the uniqueness of the hospital use, provided the decreased landscaped is mitigated by supplemental landscaping elsewhere on the site.
(b)
Notwithstanding the provisions of Subsection LDO-412.17B, the minimum parking space width of hospital parking spaces for employees and those spaces located within a multilevel parking structure or accommodated by valet attendants may be reduced to 8.5 feet, at the discretion of the Planning Board.
[Ord. No. 00-40, 7-24-2000]
[Ord. No. 00-40, 7-24-2000]
A.
Purpose. The HD-O Zone District recognizes the character and historic
land use pattern of the oceanfront blocks in the Ocean Grove portion
of the Township, east of Central Avenue. All zoning regulations applicable
in the HD-O Zone District are intended to protect, preserve and perpetuate
the historical framework in Ocean Grove. This framework includes single-family
residences, bed and breakfasts, and historic hotels.
[Ord. No. 00-40, 7-24-2000]
[Ord. No. 00-40, 7-24-2000]
A.
Purpose. The HD-B-1 Zone District serves as the commercial core for
the Ocean Grove portion of the Township, and intends to serve the
specific retail sales and service needs of local residents and seasonal
visitors. This Zone District also acknowledges the suitability of
residential uses located at upper stories of mixed-use buildings,
with the ground story devoted to permitted uses in the district.
B.
Permitted uses.
[Amended 11-10-2003 by Ord. No. 03-35]
1.
Detached single-family residence.
2.
Furniture stores.
3.
Floor covering stores.
4.
Home furnishings stores.
5.
Household appliance stores.
6.
Radio, television and other electronics stores.
7.
Computer and software stores.
8.
Musical instrument stores.
9.
Music stores (CDs, cassettes, videos, records).
10.
Hardware stores.
11.
Convenience stores.
12.
General stores.
13.
Retail bakeries.
14.
Delicatessens.
15.
Butcher shops.
16.
Fish and seafood markets.
17.
Fruit and vegetable markets.
18.
Pharmacies and drug stores.
19.
Cosmetics, beauty supplies and perfume store.
20.
Food (health) supplement stores.
21.
Health and personal care stores.
22.
Family clothing and apparel stores.
23.
Swimwear stores.
24.
Jewelry stores.
25.
Shoe stores.
26.
Hobby, toy and game stores.
27.
Bicycle stores.
28.
Sporting goods stores (excluding firearms).
29.
Arts and craft shops.
30.
Family book stores.
31.
Magazine/newspaper stands.
32.
General merchandise stores.
33.
Florists/flower shops.
34.
Gift shops.
35.
Greeting card stores.
36.
Seasonal holiday stores.
37.
Office equipment, supplies and stationery stores.
38.
Art dealers.
39.
Antique shops.
40.
Commercial banking.
41.
Savings institutions.
42.
Bank.
43.
Credit unions.
44.
Consumer lending.
45.
Real estate credit.
46.
All other nondepository credit intermediation.
47.
Financial clearinghouse and reserve activities.
48.
Investment banking and securities dealing.
49.
Securities brokerage.
50.
Direct life Insurance carriers.
51.
Direct health and medical insurance carriers.
52.
Insurance agencies and brokerages.
53.
Claims adjusting.
54.
All other insurance related activities.
55.
Offices of real estate agents.
56.
Offices of real estate appraisers.
57.
Other activities related to real estate.
58.
Consumer electronics and appliances rental.
59.
Videotape and disc rental.
60.
Home health equipment rental.
61.
Consumer goods rental.
62.
Musical instrument rental.
63.
General rental centers.
64.
Sports and recreation instruction.
65.
Art, music, dance and martial-arts instruction.
66.
All other miscellaneous schools and instruction.
67.
Offices of physicians (exc mental health).
68.
Offices of physicians, mental health.
69.
Offices of dentists.
70.
Offices of chiropractors.
71.
Offices of optometrists.
72.
Offices of physical, occupational and speech therapists, and
audiologists.
73.
Offices of podiatrists.
74.
All other outpatient care centers.
75.
Diagnostic Imaging centers.
76.
Home health care services.
77.
Ambulance and first aid services.
78.
Nonresidential services for elderly and disabled persons, including
adult day care.
79.
Child-care center.
80.
Public parks and recreational facilities.
81.
Theater, performing arts.
82.
Grantmaking foundations.
83.
Civic and social organizations.
84.
Professional organizations.
85.
Labor unions and similar labor organizations.
86.
Full-service restaurants.
87.
Restaurant.
88.
Restaurant, take-out.
89.
Snack and nonalcoholic beverage bars.
90.
Barber and beauty shops, beauty salons and parlors, hairdressers.
91.
Cosmetic salons and cosmetology services.
92.
Hotel beauty parlors and beauty shops.
93.
Manicure salon or nail services.
94.
Wig grooming service.
95.
Diet and weight reducing centers.
96.
Scalp treatment.
97.
Consumer electronics repair and maintenance.
98.
Household item repair and maintenance.
99.
Computer and office machine repair and maintenance.
100.
Communication equipment repair and maintenance.
101.
Commercial equipment (excluding auto and electrical) repair
and maintenance.
102.
Appliance repair and maintenance.
103.
Furniture cleaning, refinishing and repair shops.
104.
Musical instrument repair shop.
105.
Leather goods repair services.
106.
Shoe repair and shoeshine parlors.
107.
Bicycle repair shops.
108.
Locksmiths.
109.
Coin-operated laundries and dry cleaners.
110.
Dry-cleaning and laundry services (excluding coin-op).
111.
Linen supply.
112.
Tailor and mending of garments.
113.
Film developing services, retail.
114.
Offices of lawyers.
115.
Offices of certified public accountants.
116.
Other accounting services.
117.
Architectural services.
118.
Landscape architectural services.
119.
Professional planning services.
120.
Engineering services.
121.
Building inspection services.
122.
Custom computer programming services.
123.
Computer systems design services.
124.
Computer facilities management services.
125.
Other computer related services.
126.
Administration and general management consulting services.
127.
Other scientific and technical consulting services.
128.
Advertising agencies.
129.
Other services related to advertising.
130.
Photography studios and videography services.
131.
All other professional, scientific and technical services.
132.
Office administrative services.
133.
Ocean Grove Camp Meeting Association (OGCMA) facilities in accordance
with permitted, conditional and accessory uses in the district.
134.
Facilities support services.
135.
Employment placement agencies.
136.
Private mail centers.
137.
Quick printing.
138.
All other business support services.
139.
Travel agencies.
140.
Couriers.
141.
Local messengers and local delivery.
D.
Accessory uses.
[Amended 11-10-2003 by Ord. No. 03-35]
1.
Uses customarily incidental and accessory to a principal permitted
use.
2.
Outdoor displays and sales.
3.
Educational support services.
4.
Recreational clubhouse, concession stand.
5.
Outdoor dining facility.
6.
Telephone communication distribution.
7.
Coaxial cable communication distribution.
8.
Emergency services radio communication facilities.
9.
Natural gas distribution.
10.
Electric power transmission and distribution.
11.
Public water supply purveyance and distribution.
12.
Sanitary sewer lines.
[Ord. No. 00-40, 7-24-2000]
A.
Purpose. The HD-R Zone District intends to provide for the active
and passive recreational use of land by the general public in the
Township's Historic District. All uses, including parking and amenities
for the use and comfort of residents and visitors to the District,
should be consistent with, and representative of, the historic character
of the area.
D.
Accessory uses.
1.
Drinking fountains and restrooms.
2.
Pavilion, not fully enclosed, for passive recreation use only.
3.
Benches, street lamps and other street furniture.
4.
Fences for tennis courts, volleyball courts and tot lots to
a maximum height of 12 feet shall be permitted as an accessory use
in the area zoned HD-R along the entire length of Fletcher Lake from
the southerly extension of the easterly boundary of Ocean Avenue to
Pennsylvania Avenue and Blocks 78 and 107 on Inskip Avenue. Privacy
slats or other barrier to vision in or on such fences are prohibited.
[Ord. No. 00-40, 7-24-2000]
[1]
Editor's Note: Said schedule is included as an attachment
to this Chapter.
[Ord. No. 00-40, 7-24-2000]
[1]
Editor's Note: Said schedule is included as an attachment
to this Chapter.
[Ord. No. 00-40, 7-24-2000; amended 3-9-2015 by Ord. No. 15-08]
[Amended 3-9-2015 by Ord.
No. 15-08]
See Schedule B for Bulk Regulations by Zoning District.[1]
[1]
Editor's Note: Said schedule is included as an attachment
to this Chapter.
[Amended 3-9-2015 by Ord.
No. 15-08]
A.
For Zone Districts R-1, R-2, R-3, R-4, R-5, B-3, and any other non-historic
Zone District, the net residential density shall be the lesser of
either a) 10 units per acre, or b) the result of the following calculation,
where G = Maximum Residential Density permitted in the zone, P = proportion
of property encumbered by environmental, legal, or man-made constraints:
 |
B.
Developable dwelling units shall be calculated by multiplying the
net density by the number of unencumbered acres on the property in
question.
[Ord. No. 00-40, 7-24-2000; amended 11-10-2003 by Ord. No. 03-35]
Adult Retirement Communities for adults aged at least 55 years or older shall be permitted in the Civic and PUD/R1 District in accordance with the standards governing residential development in the Planned Unit Development Zone District as set forth in Section LDO-405 of this Land Development Ordinance.
[Ord. No. 00-40, 7-24-2000]
Community Shelters. Community residences for the developmentally
disabled, community shelters for victims of domestic violence, community
residences for the terminally ill and community residences for persons
with head injuries shall be allowed in any residential district permitting
single family detached housing, provided that:
A.
No more than six persons, excluding resident staff, shall occupy
the premises except as permitted herein.
B.
The facility is duly licensed pursuant to N.J.S.A. 30:11B-1 et seq.
for community residences for the developmentally disabled, N.J.S.A.
30:14-1 et seq. for community shelters for victims of domestic violence,
and N.J.S.A. 30:11B-1 et seq. for community residences for persons
with head injuries.
C.
The residential character of the building shall remain unchanged.
D.
Community shelters as described herein may exceed the permitted number
of persons allowed above upon issuance of a conditional use permit
by the Planning Board, provided that the following conditions have
been met:
1.
No more than 15 persons, including resident staff, shall occupy
the premises.
2.
The facility shall be duly licensed.
3.
The residential character of the building and lot shall remain
unchanged.
4.
Adequate off-street parking sufficient for resident staff shall
be provided. If staff exceeds five persons, buffering of the parking
lot shall be provided in accordance with the provisions of this Chapter.
5.
No such facility shall be located within 1,500 feet of another
such facility.
E.
All other applicable regulations of this Chapter shall apply.
[Ord. No. 00-40, 7-24-2000]
Home occupations and home professional offices shall be permitted
as an accessory use to any residence in the Township, unless otherwise
specified below and in Zoning Schedules A-1 and A-2. All such uses
shall require an approved zoning permit prior to commencement of use
and are subject to the following provisions:
A.
Home occupations and home professional offices shall only be permitted,
provided they do not change the character of the principal residence
from a home to a business or change in any way whatsoever the character
of the surrounding neighborhood from a residential neighborhood to
a commercial neighborhood. Specifically, the characteristics of the
home occupation cannot differ from that expected in a residential
neighborhood in the following areas of concern:
1.
The appearance of the premises, including color, materials,
construction, or lighting;
2.
The risk of physical harm to persons or property due to the
nature or volume of any materials stored on site;
3.
The creation of noise, vibration, dust, smoke, odor, glare,
radiation or electrical interference;
4.
The volume and frequency of vehicular or pedestrian traffic.
B.
No more than one home occupation or home professional office may
be conducted within a single dwelling unit. Said home occupation or
home professional office shall not involve more than 30% of one floor
of the principal dwelling unit, including the floor area of an attached
garage.
C.
No person other than the occupants of the dwelling may be involved
or employed on the premises in the home occupation or home professional
office.
D.
The home occupation or home professional office must be conducted
entirely within the principal residence and cannot involve outdoor
storage.
E.
The home occupation cannot involve commercial vehicles, other than as permitted in Subsection LDO-411.04, and/or an occasional cartage vehicle for the delivery of materials related to the home occupation to or from the premises.
F.
A zoning permit shall be required prior to initiating a home occupation
or home professional office.
G.
Family day care homes are permitted home occupations. Child-care
centers shall not be considered permitted home occupations. In order
to provide for the safety of the children in the family day care homes,
the following regulations must be followed:
1.
Family day care is permitted only in single family residential
dwellings.
2.
The provider must be the resident of the premises, and must
present the Zoning Officer with documentation of substantial compliance
with all Division of Youth and Family Services requirements on an
annual basis. The family day care home must be registered pursuant
to the "Family Day Care Provider Registration Act,"[1] per N.J.S.A. 46:8D-1 et seq.
[1]
Editor's Note: See N.J.S.A. 30:5B-16 et seq.
3.
Any side or rear yard which is utilized for recreation activity
must be fenced in accordance with this Chapter. No recreation area
may be located in a front yard area. Any associated equipment shall
be restricted to the fenced yard.
4.
The facility shall comply with all applicable BOCA, State of
New Jersey and Township building safety regulations.
H.
In the case of a dwelling unit which is part of an apartment complex
or a community in which at least some of the property is owned in
common by all of the residents, the provisions of this section shall
not be deemed to supersede any deed restriction, covenant, agreement,
master deed, by-laws, lease, rental agreement or other documents which
prohibit a family home occupation within a dwelling unit.
[Ord. No. 00-40, 7-24-2000]
The following regulations shall apply to motor vehicle parking
on any lot located in a residential district or used for residential
purposes. See Section[1] for applicable regulations in Historic zone districts.
A.
Permitted motor vehicles. Motor vehicles registered as passenger
vehicles, livery vehicles and commercial vehicles having a gross weight
of 7,000 pounds or less shall be permitted to be parked on such lots,
with the following exceptions:
1.
Passenger and livery vehicles. One passenger or livery vehicle
having a gross weight in excess of 7,000 pounds, but not exceeding
10,000 pounds, may be parked in a garage or a driveway in a side or
rear yard, provided that such is substantially screened from view
from all adjacent lot lines and the street line. Such screening shall
consist of a six-foot-high solid wooden fence and/or minimum six-foot-high
evergreen shrubs or trees. Any such screening shall be approved by
the Zoning Officer prior to installation to ensure that such will
provide necessary screening to satisfy the intent of this provision.
2.
One commercial vehicle having a gross weight in excess of 5,000
pounds, but not exceeding 8,000 pounds, may be parked in a wholly
enclosed garage. Such vehicle shall be stored in the garage at all
times when such is parked on the lot. In no instance shall any person
other than the resident of the property on which the commercial vehicle
is parked operate such vehicle. Additionally, no materials, tools,
equipment or other items used in connection with the business that
such commercial vehicle is associated with shall be stored anywhere
on the residential property, except in or on the commercial vehicle
itself.
C.
Prohibited motor vehicles. Trucks, tractors, trailers, semitrailers, tow trucks and buses may not be parked on a lot primarily used for residential purposes, except as provided in Subsection LDO-411.06, Parking of Trucks and Buses.
D.
Driveways. No motor vehicle shall be parked in the side or front
yards of such lot, except in a driveway located pursuant to the requirements
of this Chapter.[2]
[2]
Editor's Note: Former Subsection D, Recreational vehicles, trailer coaches, campers and boats, was repealed 4-11-2011 by Ord. No. 11-17. This ordinance also renumbered former Paragraphs E and F as Paragraphs D and E, respectively. See Subsection LDO-411.09.
E.
Corner lots. Nothing herein shall permit the parking or storage of
any vehicle on a corner lot property that obstructs, impairs or obscures
vision of motor vehicle traffic at an intersection, as determined
by the Chief of Police.
[1]
Editor's Note: So in original.
[Ord. No. 00-40, 7-24-2000]
Unless otherwise specified in this Chapter, not more than one
principal dwelling or principal building shall be permitted on one
lot in any residential zone district.
[Ord. No. 00-40, 7-24-2000]
Parking of Trucks and Buses in Residential Zones. No trucks
or buses shall be regularly parked in any residential district, except
that one truck or bus of a rated capacity not exceeding five tons
(10,000 lb.) gross vehicle weight (manufacturer's rating), owned or
used by a person resident on the premises, shall be permitted to be
regularly garaged on a residential lot which also contains the primary
residence of the owner, or on a residential lot which is contiguous
to and also owned by the owner of the primary residence. This provision
shall not be deemed to limit the number of vehicles used in the operation
of a farm, or construction equipment in active use during the time
of construction on a lot approved for development.
[Ord. No. 00-40, 7-24-2000; amended 3-12-2007 by Ord. No. 07-11]
[Added 7-11-2011 by Ord.
No. 11-35]
A.
Applicability. This subsection includes regulations for attached,
accessory porches and decks located on properties used for residential
purposes outside the historic zone districts.
B.
Deck Setbacks. For single family residential structures, a deck
may extend no more than eight feet into the required front setback
area, provided the principal structure conforms to the front yard
setback requirement. For single family residential structures, a deck
may extend no further than 15 feet into a required rear yard setback
area, provided the principal structure conforms to the rear yard setback
requirements. In no instance shall a deck be closer than 10 feet to
a front, rear or side lot line. No deck for a residential structure
may extend into a side setback area. No deck associated with a multi-family
residential use may extend into any required setback area.
[Amended 5-13-2013 by Ord. No. 13-17]
C.
Porch Setbacks. For residential structures, a porch may extend
no more than eight feet into the required front and/or rear setback
area, provided the principal structure conforms to the front yard
setback requirement. No porch for a residential structure may extend
into a side setback area. No porch associated with any multi-family
residential use may extend into any setback area. The front yard setback
of a porch shall not be considered the front yard setback of the principal
building to which it is attached.
[Amended 5-13-2013 by Ord. No. 13-17]
D.
Enclosure. A porch shall not be heated or air-conditioned and
at least 50% of the exterior wall area shall be open and non-glazed.
E.
Entry Platforms. Any entry platform not more than six feet in
height above the average finish grade, nor greater than 50 square
feet in area, may project six feet into a required front yard and
not more than four feet into any required side yard.
[Added 7-11-2011 by Ord.
No. 11-35; amended 5-13-2013 by Ord. No. 13-17]
A.
Applicability. This subsection includes regulations for attached,
accessory porches and decks located on properties used for residential
purposes within the historic zone districts.
B.
Deck Setbacks. For residential structures, a deck may not encroach
into any setback/yard areas. No deck associated with a multi-family
residential use may extend into any required setback/yard areas.
C.
Porch setbacks. For residential structures, a porch may not
encroach into any setback/yard areas. No porch associated with any
multi-family residential use may extend into any setback/yard areas.
D.
Entry Platforms. An entry platform not more than six feet in
height above the average finish grade, nor greater than 50 square
feet in area, may not project into any required yard/setback area.
E.
For lots in the HD-R-1 Zone District, west of Central Avenue,
the front building line shall have a minimum front yard setback of
10 feet from the street line and the front porch line shall be set
back at a minimum distance of four feet from the street line, except
as modified by Paragraph H hereunder.
F.
For lots east of Central Avenue except those fronting Olin and
McClintock Streets, the front building line shall have a minimum front
yard setback that is created by a line running directly from a point
10 feet back from the property line at the corner of Central Avenue
to a point two feet back from the property line at the corner of Ocean
Avenue, except as modified by Paragraph H hereunder.
G.
For lots fronting Olin and McClintock Streets, the front building
line shall have a minimum front yard setback that is created by a
line running directly from a point 10 feet back from the property
line at the corner of Central Avenue to a point six feet back from
the property line at the corner of Ocean Avenue, except as modified
by Paragraph H hereunder.
H.
No building line or front porch line need be set back farther
than the average alignment of those front building and front porch
lines of existing buildings within 200 feet on each side of the lot
and within the same block front and within the same Zone District.
This provision does not permit the encroachment of buildings or porches
into the flared open space area.
I.
For lots east of Central Avenue, except those fronting Olin
and McClintock Streets, the lot area and lot depth requirement shall
be measured from the curb line rather than the property line. A calculation
of building and lot coverage requirements shall be based on the resultant
lot area. These provisions shall not affect any of the required yard
setbacks.
J.
All buildings and porches shall be so located that the roofs,
steps or extensions of the same shall not extend upon or overhang
any public street, public avenue, public sidewalk, or any other lot
unless permission is granted by that lot owner.
K.
Original open-air balconies where being reconstituted by the
renovation are not restricted. New open-air balconies may not exceed
150 square feet and shall be set back a minimum of one foot six inches
from the applicable front or side yard setback line. In the event
the covered porch directly below it has projecting steps or stairs,
such steps or stairs shall be excluded from the area footprint in
the calculation.
[Ord. No. 00-40, 7-24-2000]
Private garages, where permitted on single-family residential
lots shall comply with the following provisions:
A.
The garage must be a fully enclosed detached accessory structure,
or a portion of a principal building, used primarily for the storage
of no more than two motor vehicles owned or used by the occupant of
the principal structure.
B.
A one-car parking garage, not to exceed 14 feet by 28 feet, or 392
square feet, for a single-family unit, or a two-car garage not to
exceed 28 feet by 28 feet, or 784 square feet, for a two-family dwelling
unit, shall be provided for all new residential dwellings. A two-car
garage may be constructed on a single family dwelling lot, provided
it does not exceed the above maximum garage size (784 square feet).
C.
A detached garage may be placed at least five feet from a side property
line and at least five feet from a rear property line, except in historic
zone districts. Attached garages must conform to principle building
setback requirements. Any private, detached garage or accessory building
is specifically prohibited in a required front yard area.
D.
Height. The maximum building height of a private garage shall not
exceed 16 feet.
[Added 3-12-2007 by Ord.
No. 07-11]
[Ord. No. 00-40, 7-24-2000; amended 4-11-2011 by Ord. No. 11-17]
The following requirements apply to the storage of recreational
vehicles and boats on single family residential property and are designed
to have the most flexibility to allow for the least impact to neighbor
and community for storage of said vehicles, but is not to interpreted
as an encouragement for storage of said vehicles on residential property.
A.
The term "Recreational Vehicle" shall include Mobile Homes, Campers,
Popup Trailers, Boats, Watercraft, and any Trailer used for storing,
parking or moving any recreation vehicle as defined herein. "Recreation
Vehicle" shall not include kayaks, canoes, rowboats or other similar
non-motorized watercraft. A recreational vehicle shall be used for
recreational/non-commercial purposes only.
B.
Each occupied single-family residential property may have outside
parking or storage upon it for up to a total of two recreational vehicles
(on trailers only), maintained in safe and effective operating condition.
All recreational vehicles and boats must be stored in a safe and secure
manner and shall display thereon a current State license and/or registration
that must indicate the property owner or tenant as the registered
owner of the recreation vehicle.
C.
Recreational Vehicles shall be permitted in the following yard areas:
1.
Front Yard Storage. No recreational vehicle shall be parked
in the front yard of such lot, except in a driveway subject to the
following conditions:
(a)
Recreational Vehicle shall not exceed the confines of existing
approved driveway and shall remain wholly on private property.
(b)
Recreational Vehicle shall be setback a minimum of 10 feet from
the street with a maximum distance to be achieved from street to Recreational
Vehicle.
(c)
Recreational Vehicle shall not impede or obstruct any existing
sidewalk.
(d)
The setback shall be measured from street/sidewalk to the first
point on a Recreational Vehicle.
2.
Side and Rear Yard Storage. Side and rear yard storage location
shall be flexible to allow for the best storage possible within confines
of side and rear yard property with the least impact to neighbor and
community. All attempts must be made to obscure the recreational vehicle
from public view to the maximum extent possible. A buffer of some
kind is encouraged, such as evergreen planting/fencing as examples.
D.
Any such vehicles stored in accordance with this section shall not
be occupied and shall not be provided with utility connections. Permanent
or temporary overnight occupancy of recreational vehicles/boats is
not permitted.
E.
No storage shall be permitted on a public road.
F.
Repair work on a recreational vehicle or boat stored in conformance with this Chapter shall be permitted during the same hours that Heavy Equipment and Power Equipment are permitted as defined by Subsection 3-2.3 of the Township Municipal Code.
G.
In the Historic District zones, all of the provisions of this section
shall apply with the additional requirement that the recreational
vehicle or boat shall not cover in excess of 50% of the surface of
the driveway.
[Ord. No. 00-40, 7-24-2000]
A.
Satellite dish antennas. No satellite dish antenna larger than one
meter in diameter shall be installed in any residential zone except
that one satellite dish antenna may be permitted as an accessory use
to a single family dwelling or multifamily apartment use pursuant
to Federal Communication Commission (FCC) regulations, subject to
the following standards:
1.
The requirements of this section shall apply to all satellite
dish antennas, regardless of diameter, proposed to be located in historic
districts subsequent to the designation thereof in the Neptune Township
Master Plan and successful petition to the Federal Communications
Commission by the Township for a waiver of preemption.
2.
Except where otherwise specified herein, the reflective surface
of the satellite dish shall not exceed six feet in diameter.
3.
A freestanding satellite dish regulated by this section shall be subject to the same location requirements as other principal buildings in the same zoning district. No roof-mounted antenna of any kind shall be located on any part of the roof facing the front yard of the dwelling or apartment building or exceed the height provisions of set forth by Article IV of this Chapter.
4.
A freestanding satellite dish shall be located as close to the
center of the rear yard and rear facade of a principal building as
possible without causing significant interference with reception.
A waiver may be sought from the board of jurisdiction for a location
within the required yard area of a principal building, but in no case
shall it be permitted nearer to a property line than is allowed for
accessory buildings in the zoning district. For aesthetic and safety
purposes, the rear yard shall be enclosed with a fence that is opaque
to a height of at least four feet and that otherwise conforms to the
fence requirements of the Township of Neptune. The perimeter of the
base of the supporting structure shall be landscaped with appropriate
plant materials to a height of three feet or the lowest part of a
dish antenna, whichever is higher.
5.
A freestanding satellite dish antenna shall not exceed 10 feet
in height measured from the base to the top of the antenna in an upright
position.
6.
Satellite dish antennas and supporting structures shall be maintained
in good physical condition and comply with all applicable building
and safety codes.
B.
Ham radio antenna. A ham radio antenna is permitted as an accessory
use to a single family dwelling pursuant to FCC regulations and in
accordance with the following:
1.
A freestanding ham radio antenna shall be subject to the same
location requirements as a principal building in the same zoning district
and as further provided herein, and shall not exceed the average height
of principal buildings on adjoining lots by more than 15 feet to a
maximum of 50 feet in height.
2.
No roof-mounted antenna of any kind shall be located on any part of the roof facing the front yard of the dwelling or apartment building or exceed the height provisions of Article IV of this Chapter.
3.
A freestanding ham radio antenna shall be located as close to
the center of the rear yard and rear facade of a principal building
as possible without causing significant interference with reception.
A waiver may be sought from the board of jurisdiction for a location
within the required yard area of a principal building, but in no case
shall it be permitted nearer to a property line than is allowed for
accessory buildings in the zoning district. For aesthetic and safety
purposes, the rear yard shall be enclosed with a fence that is opaque
to a height of at least four feet and that otherwise conforms to the
fence requirements of the Township of Neptune. The perimeter of the
base of the supporting structure shall be landscaped with appropriate
plant materials to a height of three feet.
4.
Ham radio antennas and supporting structures shall be maintained
in good physical condition and comply with all applicable building
and safety codes.
[Ord. No. 00-40, 7-24-2000]
Private residential storage sheds shall comply with the following
regulations:
A.
Size. No shed shall exceed 175 square feet in floor area.
B.
Height. No shed shall exceed 15 feet in height.
C.
Location. No shed shall be located in a front yard.
D.
Setback. Sheds may be placed no closer than five feet from a side
or rear property line, except in historic zone districts. Sheds in
historic zone districts must conform to principal building setback
requirements.
E.
Quantity. No more than one tool shed per lot shall be permitted,
except that on lots 12,500 square feet or larger, two tool sheds may
be permitted.
[Ord. No. 00-40, 7-24-2000; amended 3-12-2007 by Ord. No. 07-11]
Swimming pools, hot tubs and tennis courts shall be permitted
on all lots used for single family dwellings in residential districts
and on any tract developed for multi-family development. Swimming
pools, hot tubs and tennis courts are considered accessory structures,
and shall require an approved zoning permit prior to construction,
and shall be subject to the following provisions:
A.
Location. Any swimming pool, hot tub or tennis court shall only be
permitted in a rear or side yard area.
B.
Coverage. The surface area of a swimming pool, hot tub or tennis
court shall be considered impervious. Tennis courts consisting primarily
of grass shall not be considered impervious. Swimming pools, hot tub
and tennis courts shall be subject to the applicable lot coverage
requirements set forth in this Chapter. Any area paved with concrete,
asphalt, brick or other solid surface which functions as a walkway
to or completely surrounds a swimming pool or tennis court shall also
be considered impervious.
C.
Setbacks. No part of the surface area of a swimming pool, hot tub
or tennis court, including structures attached thereto, or any pool
filtering equipment whether or not such is attached, shall be closer
than 10 feet to any side or rear lot line. Any impervious area which
functions as a walkway to or completely surrounds a swimming pool
or tennis court shall be set back a minimum of three feet from any
lot line.
D.
Swimming Pool Fencing. A continuous fence consisting of a minimum
of four feet in height shall enclose the perimeter of the entire swimming
pool area. Such fence shall be designed to securable control access
to the swimming pool area. Where such fence is located on a corner
lot, and the fence on the side facing the street is non-solid, that
portion of the fence shall be adequately screened with evergreen shrubs
not less than four feet in height.
E.
Tennis Court Fencing. A fence consisting of a minimum of eight feet
in height to a maximum of 12 feet in height for tennis courts shall
be required. Said fence may not be located within a required setback
area.
F.
Swimming Pool Drainage. No swimming pool shall drain into a public
sanitary sewer or be located in such a manner that water from the
pool or filtering equipment drains onto another property.
[Ord. No. 00-40, 7-24-2000]
Yard and garage sales shall be permitted in any residential
district for a period not to exceed three days. Such sales shall not
exceed two in any one calendar year.
[Added 7-13-2015 by Ord.
No. 15-28]
A.
Area. Dormers shall not occupy more than 25% of the roof area on
which it is situated.
B.
Height. No part of the dormer shall extend beyond the projection
of the roofline.
|
Dormer(s)
| |
|---|---|
|
Maximum Permitted Area:
|
25% of roof area on which it is situated
|
|
Height:
|
No part of the dormer can extend beyond the projection of the
roofline
|
The following supplementary regulations shall be deemed to be
appended to the Schedule of Bulk Regulations for Neptune Township
(Schedules B-1 and B-2)[1] and are hereby adopted as a part thereof.
[1]
Editor's Note: Said schedules are included as attachments
to this Chapter.
[Ord. No. 00-40, 7-24-2000; amended 11-10-2003 by Ord. No. 03-35]
Unless otherwise specified in this Chapter, all accessory buildings
and structures (principal or accessory) shall conform to the regulations
and standards contained in this Chapter which govern the principal
building for the applicable zone district within which they are located.
[Ord. No. 00-40, 7-24-2000]
Seasonal storage of boats and marine related vehicles not being
serviced or repaired on the premises shall be permitted in the B-3
Zone only as an accessory use to a marina or a marine related sales
and services establishment subject to the following supplementary
regulations:
A.
The boatyard shall be located on a parcel that is contiguous with
the principally permitted use or on a non-contiguous parcel located
within 60 feet of the parcel devoted to the principal use.
B.
A boatyard situated on a parcel that is non-contiguous to the principal
use parcel shall be no greater than one acre in area.
C.
The height of watercraft storage shall not exceed three boats stacked
vertically and 35 feet.
D.
Storage areas shall be set back at least 10 feet from any lot line;
however, whenever a buffer from a use other than a boatyard is required,
the minimum buffer width, as set forth in this subsection, shall govern
as the minimum setback requirement to said adjacent use.
E.
When located adjacent to any property devoted to a use other than
a boatyard, the boatyard establishment shall maintain the following
between any outdoor activity and the adjacent property:
1.
A fifteen-foot-wide buffer area. Said buffer area shall be placed
in a conservation easement.
2.
A six-foot-high stockade or board-on-board fence to be located
at least 15 feet from the adjoining property line. Said fence may
not be located within a front yard setback area.
3.
A landscaped screening located in the buffer area consisting
of evergreen plantings with a minimum height of 10 feet at the time
of planting, spaced 15 feet on-center.
F.
Site triangle required. No outdoor storage or display area shall
be located within a required site triangle as defined elsewhere herein.
G.
An adequate quantity of off-street automobile parking spaces shall
be provided. Automobile parking areas shall be black-topped and used
only for the parking of automobiles associated with patrons and employees.
H.
Designated areas for boat or marine related vehicle storage or display
need not conform to standards for parking lot paving and design standards
but, shall be segregated from parking areas by means of a raised concrete
curb of at least six inches in height. Concrete wheel stops shall
not be utilized to meet this curbing requirement.
I.
Seasonal or long-term storage of cars, trucks, trailers, or other
vehicles not marine related shall not be permitted in a boatyard.
J.
No derelict, discarded or junked boats, no parts, scrap, partially
dismantled boats, boat motors, or trailers shall be stored out-of-doors.
K.
Designated fifteen-foot-wide fire lanes shall be provided at regular
intervals and shall be maintained and open at all times. Said fire
lanes shall be subject to the approval of the Township Fire Official.
L.
All applicable requirements of any State or Federal agency including
local health and fire authorities having jurisdiction shall be met.
[Ord. No. 00-40, 7-24-2000]
Buildings associated with principal cemetery uses shall be permitted,
provided the following requirements are met:
B.
Height. Maximum building height shall be 25 feet.
C.
Fence or wall. A wrought-iron fence or stone wall may be provided
at the perimeter of a cemetery tract. Said fence or wall may not exceed
five feet in height, except that intermittent piers may reach six
feet in height. A main entrance gate may exceed the permitted fence
or wall height by 50%.
[Ord. No. 00-40, 7-24-2000]
Child care centers shall be permitted in any nonresidential
district. In those districts combining residential and nonresidential
areas under a unified plan for development, the child care center
shall be permitted only in the non-residential area. Any child care
center shall be duly licensed pursuant to N.J.S.A. 30:5B-1 et seq.
A child care center functionally integrated within a non-residential
development owned or operated for the benefit of their employees,
their tenant's employees, or employees within an office or business
park or research and development complex shall not be required to
provide additional off-street parking for the use. In the calculation
of any floor area ratio applicable to an office or business park or
research and development complex, the area occupied by a child care
center shall not be included.
[Ord. No. 00-40, 7-24-2000]
Whenever a lot shall be bounded by more than one street line,
the following provisions shall apply (see also Appendix A):[1]
A.
All provisions of this Chapter with respect to setbacks and all other
restrictions and regulations relating to street lines and front yards
shall apply to each street line as a front yard.
B.
For the purposes of determining the rear yard on a corner lot, the
interior lot line opposite the street line with the shortest frontage
shall be considered to be the rear lot line and any remaining interior
lot lines shall be considered side lot lines.
C.
Each lot shall have a rear yard except for through lots. In an instance
of a through lot and in an instance of a corner lot where the frontage
is equal, the yard opposite the street address of the property shall
be deemed the rear yard.
[Amended 3-12-2007 by Ord. No. 07-11]
D.
In an instance where a lot is bound by three or more streets, the
property shall contain multiple front yards and at least one side
yard.
[1]
Editor's Note: Said appendix is included as an attachment
to this Chapter.
[Ord. No. 00-40, 7-24-2000]
A.
No non-residential driveway shall be located within 10 feet of an
existing adjacent residential property nor within five feet of any
other property line, unless otherwise regulated in this Chapter.
B.
Access to a commercial parking garage or parking area for 25 or more
vehicles shall not be closer to the intersections of any two streets
than 50 feet.
C.
No access drive or driveway shall be located in any residential district
to provide access to uses other than those permitted in such residential
zone.
D.
No driveway shall serve any use other than the permitted use on the
lot upon which the driveway is located.
E.
A barrier-free walkway system shall be provided to allow pedestrian
access to a building or use from both a parking lot within the site
and from the Township sidewalk system.
F.
No lot containing a detached single-family dwelling shall contain
more than one principal driveway. In the case of a through lot, a
driveway is to be provided only within the front yard area.
G.
New driveways shall be prohibited in all Historic Zone Districts.
[Ord. No. 00-40, 7-24-2000]
Fences and walls shall be permitted in all districts, but shall be considered structures requiring an approved zoning permit prior to construction. Adequate surveys, plans and details are to be submitted to the Zoning Officer in accordance with Article X in order for a determination to be made as to the proposed fence zoning conformance.
A.
Fences and walls in historic zone districts. Fences and walls in
historic zone districts shall be permitted accessory structures subject
to the following provisions (see also Appendix B):[1]
1.
Design guidelines. All fences and walls are subject to the review
and approval of the Historic Preservation Commission for conformity
to its Guidelines and for compatibility with the particular design
and style of the structure on the lot.
2.
Prohibited locations. No fence or wall shall be erected in any
required flared setback area, as described elsewhere herein, east
of Central Avenue. For all properties east of Central Avenue, no fence
or wall shall be erected in a front yard area or on front yard lot
lines.
3.
Front yard fence height. Fences located in a front yard area
or on lot lines abutting a front yard area, where permitted, shall
not exceed a height of 2 1/2 feet. The height of any decorative
elements, articulated corners, gateways and posts shall be included
in the fence height measurement.
4.
Front yard fence type. Fences located in a front yard area or
on lot lines abutting a front yard area, where permitted, shall be
constructed so that at least 50% thereof is non-solid and open. Fence
types such as stockade and board-on-board shall be considered solid
fences and are prohibited in or along front yards.
5.
Side yard fence height. Fences located in or along a side yard
area shall not exceed a height of four feet. The height of any decorative
elements, articulated corners, gateways and posts shall be included
in the fence height measurement.
6.
Rear yard fence height. Fences located in a rear yard area or
on lot lines abutting a rear yard area shall not exceed a height of
five feet. The height of any decorative elements, articulated corners,
gateways and posts shall be included in the fence height measurement.
7.
Wall height. Walls located in or along any front, side or rear
yard, where permitted, shall not exceed 30 inches in height. The height
of decorative elements, articulated corners, gateways and wall piers
shall be included in the wall height measurement.
8.
Finished exterior side. All fences or walls shall be constructed
so that a finished side, with no fully exposed structurally supporting
members, is located on the exterior facing outward away from the property
upon which it is located.
9.
Prohibited materials. Chain-link-type fences shall be prohibited
in any Historic Zone district. In addition, no fence or wall shall
be constructed or installed with barbed wire, metal spikes or topped
with concertina or razor wire, broken bottles or similar materials
so as to be dangerous to humans or animals.
10.
Drainage. Fences and walls shall be constructed in a manner
so as to permit the continued flow of natural drainage and shall not
cause surface water to be blocked or dammed to create ponding, either
on the property upon which such is located or on any adjacent lot.
Those applying for a zoning permit to erect a fence or decorative
wall may consult with the Township Engineer to ensure compliance with
this provision.
11.
Retaining walls. Any permitted wall proposed to be used as a
retaining wall shall be required to be reviewed by the Township Engineer
prior to the issuance of a zoning permit.
12.
Use of vegetation. Except where specifically prohibited under
the terms of this Chapter or any other applicable ordinance or regulations
of the Township, nothing herein shall be construed to prohibit the
use of hedges, trees or other planting anywhere on the lot.
13.
Utility easement. Prior to installing a fence in a utility easement
area, a property owner shall secure written approval from the appropriate
utility company or appropriate public body. Evidence of approval shall
be submitted as a prerequisite to issuance of a zoning permit.
[1]
Editor's Note: Said appendix is included as an attachment
to this Chapter.
B.
Fences and walls in non-historic zone districts. Fences and walls
in non-historic zone districts shall be permitted accessory structures
subject to the following provisions:
1.
Front yards.
(a)
For residential uses, fences shall be permitted to be located
in front yards, provided such fences shall not exceed four feet in
height, as measured from ground level, and shall be constructed so
that at least 50% thereof is non-solid and open. Fence types such
as board-on-board and stockade shall be considered solid fences. Decorative
walls are permitted to be located in front yards for residential uses,
provided such shall not exceed 2 1/2 feet in height, as measured
from ground level. Fence posts, corners, gateways, and wall piers
and entryways may not exceed five feet in height. For corner lots,
the second front yard now considered a side yard may have a solid
fence, six feet in height, extending to the front buildings line of
the dwelling unit and shall not interfere in the site triangle.
[Amended 7-13-2015 by Ord. No. 15-28]
(b)
For non-residential uses, fences and decorative walls may be
erected in the front yard extending to the rear or side lot lines,
provided:
[Amended 2-11-2002 by Ord. No. 02-03]
(i)
When such fences and walls are located within 15
feet of a street line they shall not exceed four feet in height, as
measured from the ground level. Fence posts, corners, gateways, and
wall piers and entryways shall not exceed five feet in height.
(ii)
When such fences and walls are located more than
15 feet from a street line they shall not exceed six feet in height,
as measured from the ground level. Fence posts, corners, gateways,
and wall piers and entryways shall not exceed seven feet in height.
(c)
Chain-link fences shall be prohibited in front yards in all
zone districts.
2.
Side and Rear Yards.
(a)
For residential uses, both solid and non-solid fences shall
be permitted to be located in side or rear yards, provided such shall
not exceed six feet in height, as measured from the ground level.
Decorative walls for residential uses are permitted to be located
in side or rear yards, provided such shall not exceed four feet in
height, as measure from the ground level. Fence posts, corners, gateways,
and wall piers and entryways may not exceed seven feet in height.
(b)
For non-residential uses, both decorative walls and solid or
non-solid fences shall be permitted to be located in side or rear
yards, provided such shall not exceed six feet in height, as measured
from the ground level. Fence posts, corners, gateways, and wall piers
and entryways may not exceed seven feet in height.
3.
Finished exterior side. All fences or walls shall be constructed
so that a finished side, with no fully exposed structurally supporting
members, is located on the exterior facing outward away from the property
upon which it is located.
4.
Materials. No fence or wall shall be constructed or installed
with barbed wire, metal spikes, or topped with concertina or razor
wire, broken bottles or similar materials so as to be dangerous to
humans or animals. In addition, chain-link fences are specifically
prohibited in front yards in all zones.
5.
Drainage. Fences and decorative walls shall be constructed in
a manner so as to permit the continued flow of natural drainage and
shall not cause surface water to be blocked or dammed to create ponding,
either on the property upon which such is located or on any adjacent
lot. Those applying for a zoning permit to erect a fence or decorative
wall may consult with the Township Engineer to ensure compliance with
this provision.
6.
Obstruction. No fence shall be constructed within any sight
triangle as defined in this Article, or installed so as to constitute
a hazard to traffic or public safety.
7.
Utility easement. Prior to installing a fence in a utility easement
area, a property owner shall secure written approval from the appropriate
utility company or appropriate public body. Evidence of approval shall
be submitted as a prerequisite to issuance of a zoning permit.
8.
Retaining walls. Any permitted wall proposed to be used as a
retaining wall may be required to be reviewed by the Township Engineer
prior to the issuance of a zoning permit.
9.
Exceptions. Fences or walls that constitute a permitted buffer
area screen approved as part of a site plan application shall be excepted
from the above height and location provisions. In addition, fencing
required to enclose a tennis court shall be excepted from the above
maximum height provisions. Said fence shall not exceed 12 feet in
height, as measured from ground level, and may not be located within
a required setback area.
[Ord. No. 00-40, 7-24-2000]
Every principal use shall be located on a lot with frontage
upon a public street which has been improved in accordance with the
applicable Township standards or for which such improvement has been
insured by the posting of a performance guarantee in accordance with
this Chapter.
[Ord. No. 00-40, 7-24-2000]
The following regulations shall apply to helistops where permitted
as an accessory use to principal office and/or hospital uses in the
LI, C-1 or C Zone Districts:
A.
A statement detailing the proposed use of the site, including a description
of the proposed level of activity measured in flights per hour or
per day, hours of operation and any other pertinent information, shall
be provided.
B.
Helistops shall be permitted only upon site plan review by the appropriate
board of jurisdiction. A plan, drawn to scale, depicting the layout
of the site shall be provided, inclusive of the following:
1.
Site security measures, including a fence of not less then four
feet in height on three sides and/or security personnel, employed
by the applicant, to supervise take-offs and landings for safety purposes,
subject to the approval of the New Jersey Office of Aviation (NJOA);
2.
Marking indicators at each corner of the landing area pursuant
to minimum requirements of the Federal Aviation Administration (FAA)
and New Jersey Office of Aviation (NJOA);
3.
Wind sock or equivalent;
4.
Passenger shelters and walkways, if any.
C.
The helistop shall not include the fueling or maintenance of helicopters
and helicopters shall not be parked at the helistop except when loading
or discharging passengers.
D.
A helistop may not be located within 100 feet of an adjacent residential
property line.
E.
The hours of operation of the helistop within the C-1 Zone District
shall not include flights prior to 6:00 a.m. or after 10:00 p.m.,
unless under special circumstances approved by the board of jurisdiction.
F.
Any approved passenger shelters shall not exceed 16 feet in height.
G.
The approval of a helistop shall be subject to favorable determination
by the NJOA after impact tests and public hearings conducted during
the nine-month period of that agency's Temporary Permit.
[Ord. No. 00-40, 7-24-2000]
Christmas Tree Sales. The annual sale of Christmas trees is
permitted in any non-residential zone between the Friday after Thanksgiving
and December 25, inclusive.
[Ord. No. 00-40, 7-24-2000]
Lighting shall be provided by fixtures with a mounting height
not more than 14 feet or the height of the building, whichever is
less, measured from the ground level to the centerline of the light
source.
[Ord. No. 00-40, 7-24-2000]
A.
Loading space requirements. In all zone districts in connection with
every commercial, institutional and industrial use, there shall be
provided, at the time that any building or structure is erected, enlarged,
increased in capacity or has a change of use, loading spaces in accordance
with the requirements of the following schedule:
|
Table 4.1: Loading Berth Standards
| ||
|---|---|---|
|
Use
|
Total Floor Area
(in square feet)
|
Number of Loading Berths
|
|
Funeral homes
|
Up to 5,000
|
1
|
|
5,000 or more
|
2
| |
|
All other businesses and commercial uses
|
Up to 10,000
|
0
|
|
From 10,001 to 23,999
|
1
| |
|
From 24,000 to 39,999
|
2
| |
|
40,000 or more
|
3
| |
|
Light industrial and warehouses
|
Up to 5,000
|
1
|
|
5,000 to 9,999
|
2
| |
|
10,000 to 19,999
|
3
| |
|
20,000 to 39,999
|
4
| |
|
40,000 or more
|
5 + 1 for each additional 20,000 square feet
| |
B.
Loading space dimensions. Standard institutional and light industrial/warehouse
loading spaces shall measure at least 15 feet wide by 60 feet long,
with a height clearance of not less than 20 feet. All other loading
spaces shall measure at least 15 feet wide by 45 feet long, with a
height clearance of not less than 15 feet.
C.
All loading areas shall be located on the same lot as the use being
served.
D.
No loading area shall be located in a front yard.
E.
There shall be no loading in a yard abutting, or in a public right-of-way.
F.
No loading space shall be located within 40 feet of an intersection
of any two public right-of-ways. The off-street loading space shall
be located on the property so as to permit any vehicle to be parked
in the loading space with no portion of the vehicle extending into
the public street.
[Ord. No. 00-40, 7-24-2000]
Marinas shall be permitted in the B-3 Zone District, provided
that such uses satisfy the supplementary regulations set forth in
this subsection as follows:
A.
At least one off-street parking street parking space shall be provided
for each boat dockage space. When a marina includes launching facilities,
the parking space shall be large enough to accommodate boat trailers.
B.
Adequate land space shall be provided for the loading of supplies.
C.
The purveyance of goods or services not including boats or motors
shall take place in an enclosed structure.
D.
A seasonal boatyard shall be permitted as an accessory use, provided
that the number of boats stored does not exceed the total number of
boat slips in the marina and provided that all of the supplementary
regulations for a boatyard are satisfied.
E.
Storage or display of rental watercraft shall be permitted as an
accessory use to a marine related sales and service establishment,
provided it does not take place within a setback area.
F.
A marine related sales and services establishment shall be permitted
as an accessory use, provided that all of the conditional use standards
for a marine related sales and services establishment are satisfied.
G.
Automobile parking areas shall be black-topped. Designated motor
vehicle parking areas shall be used only for the parking of vehicles
associated with customers and employees.
H.
All applicable requirements of any State or Federal agency including
local health and fire authorities having jurisdiction shall be met.
[Ord. No. 00-40, 7-24-2000]
Marine related sales and services shall be permitted in the
B-3 Zone District, provided that such uses satisfy the supplementary
regulations set forth in this section as follows:
A.
The purveyance of goods or services not including boats or motors
shall take place in an enclosed structure.
B.
Principal setbacks. The following shall be located on-site within
the principal building envelope:
1.
Any building, including accessory buildings, within which sales,
repair, service or other work shall take place.
2.
Designated outdoor areas where repair, service or other work
shall take place.
3.
Storage of watercraft and marine related apparatus left by customers
to await service.
4.
Storage of any boat or marine related vehicle requiring hull
repairs, body work or which is inoperable because of major repairs.
5.
Storage of mechanical or repair equipment necessary for the
operation of the principal use. All equipment shall be stored indoors
unless it can be shown that outdoor storage of particular equipment
is the only reasonable method of storage in which case such equipment
shall be stored on a paved surface.
C.
Outdoor display and storage.
1.
Outdoor sales display areas and temporary storage of watercraft
(dry-dock storage) shall be set back at least 10 feet from any lot
line; however, whenever a buffer from a use other than a marine related
sales and services establishment is required, the minimum buffer width,
as set forth in this subsection, shall govern as the minimum setback
requirement to said adjacent use.
2.
The height of watercraft storage shall not exceed three boats
stacked vertically and 35 feet.
3.
No derelict, discarded or junked boats shall be stored out-of-doors
nor shall any parts, scrap, partially dismantled boats, boat motors,
or trailers.
4.
Storage of cars, trucks, trailers, or other vehicles not marine
related shall not be permitted unless such storage activity is approved
by the board of jurisdiction for that purpose.
5.
The seasonal storage of boats or any other marine related vehicles
not being serviced, repaired or sold on the premises shall be deemed
to be a boatyard and must conform to regulations for such.
6.
Storage or display of rental watercraft is permitted as an accessory
use to a marine related sales and services establishment. Such storage
or display may not take place in a setback area.
D.
Buffer requirements. When located adjacent to any property devoted
to a use other than a marine related sales and services establishment,
the marine related sales and services establishment shall maintain
the following between any outdoor activity and the adjacent property:
1.
A fifteen-foot-wide buffer area. Said buffer area shall be placed
in a conservation easement.
2.
A six-foot-high stockade or board-on-board fence to be located
at least 15 feet from the adjoining property line. Said fence may
not be located within a front yard setback area.
3.
A landscaped screening located in the buffer area consisting
of Spruces or Douglas Firs with a minimum height of 10 feet at the
time of planting, spaced 15 feet on-center.
E.
Site triangle required. No outdoor storage or display area shall
be located within a required site triangle as defined elsewhere herein.
F.
All loading or unloading of watercraft and marine related apparatus
shall occur on-site.
G.
All permitted uses and activities established in conjunction with
marine related sales and services uses shall be clearly accessory
in nature.
H.
Automobile parking areas shall be black-topped. Designated motor
vehicle parking areas shall be used only for parking of vehicles associated
with customers and employees.
I.
Designated areas for boat or marine related vehicle storage or display
need not conform to standards for parking lot paving and design standards,
but shall be segregated from parking areas by means of a raised concrete
curb of at least six inches in height. Concrete wheel stops shall
not be utilized to meet this curbing requirement.
J.
Watercraft transport services shall be permitted as an accessory
use to a marine related sales and services establishment.
K.
All new boat construction shall be carried on within an enclosed
building.
L.
Designated fifteen-foot-wide fire lanes shall be provided at regular
intervals and shall be maintained and open at all times. Said fire
lanes shall be subject to the approval of the Township Fire Official.
M.
All applicable requirements of any State or Federal agency including
local health and fire authorities having jurisdiction shall be met.
[Ord. No. 00-40, 7-24-2000]
A.
Any development located between the northerly and southerly legs
of Seaview Circle opposite Spray Lane shall provide a roadway connection
between said northerly and southerly legs.
B.
Multifamily residential development shall conform to the bulk requirements
set forth in the R-5 Zone District.
C.
Multifamily Development shall be permitted on lots within a maximum
of 500 feet of NJ Route 35.
[Ord. No. 00-40, 7-24-2000]
A.
The building envelope on a lot as defined by the minimum yard requirements
for the location of a principal building, or, in the case of uses
other than single-family residential, the location of an off-street
parking lot, or a loading area, shall enclose a contiguous improvable
area, as defined herein, which is not less than the minimum improvable
area required by Schedule B-1 and B-2, "Zoning District Bulk Regulations."
B.
The contiguous improvable area shall be of such dimensions that it
shall be able to contain within it the shape of a circle whose minimum
diameter is not less than as prescribed by Schedule B, "Zoning District
Bulk Regulations," for the diameter of the minimum improvable area.
C.
Any existing detached single-family dwelling which is a conforming
use but which is on a lot made nonconforming by the provisions of
this subsection may be enlarged or expanded within its improvable
area, provided that such expansion conforms to all other zone district
regulations.
[Ord. No. 00-40, 7-24-2000]
A.
The total number of off-street parking spaces and loading spaces
required for all uses or combination of uses shall be provided as
specified in this subsection. Any building or site containing more
than one use shall meet the combined parking space and loading requirements
for all uses, based on the area utilized for each separate use. The
parking space schedule and loading space schedule in this subsection
represents general parking and loading requirements acceptable to
the Township. Since a specific use may generate parking usage and/or
loading/unloading activities that deviates from the requirements enumerated
in this subsection, documentation and testimony shall be presented
to the Board as to the anticipated parking usage and loading activities.
The parking requirements for any use not specifically indicated shall
be determined by the Board based on evidence presented at the time
of the application and based on requirements for similar type uses.
Based upon the above, the Board may take action as follows:
1.
Grant a variance from parking requirements to permit a lesser
number of spaces; provided, however, that spaces shall be shared by
two or more separate uses with non-conflicting parking usage schedules;
2.
Grant a variance from parking space requirements contingent
upon the applicant obtaining a specified number of reserved off-street
parking spaces from another source, including, but not exclusively,
the Township of Neptune;
3.
Require construction of a greater number of spaces.
B.
Parking space dimensions. Standard parking spaces shall measure nine
feet wide by 18 feet long. Handicapped parking spaces shall measure
12 feet wide by 18 feet long.
C.
Multi-level parking structure.
1.
Building coverage and floor area ratio. That portion of a multi-level
parking structure specifically designed to accommodate parking and
driveway areas shall not be included in determining the maximum permitted
building coverage and/or maximum floor area ratio (FAR) on a particular
tract.
2.
Standards. Where allowed as an accessory structure for a permitted
principal use in the C-1, LI, PUD and C Zones, a multi-level parking
structure shall conform to the following requirements:
(a)
The structure shall not exceed six levels and 65 feet. In no
instance shall a multi-level parking structure exceed the height of
the principal structure.
(b)
The required setbacks for multi-level parking structures shall
be the same as those set forth for principal permitted structures.
No multi-level parking structure may be located closer to a residential
property line than a distance equal to the height of the structure.
(c)
A security office and/or attendant area not to exceed 500 square
feet in area may be located within the multi-level parking structure.
(d)
The architectural design for the facades of parking structures
shall incorporate features such as articulated parapet walls, ornamental
projections, varied planter widths and similar items to add visual
interest and improve the overall appearance of the structure as viewed
from the street.
(e)
Adequate lighting shall be provided at all levels of a multi-level
parking structure to ensure motorist and pedestrian safety and security.
Bollard-style light fixtures are encouraged at the uppermost level
of the structure to mitigate off-site light spillage. The maximum
mounting height of a light fixture as measure from the uppermost level
of the structure shall be 12 feet.
D.
Number of parking spaces. In all zone districts, except for uses
in designated historic zone districts, there shall be provided, at
the time that any building or structure is erected, enlarged, increased
in capacity or has a change of use, parking spaces in accordance with
the requirements in Table 4.2.
|
Table 4.2: Parking Regulations
| |
|---|---|
|
Use
|
Off-Street Parking Requirement
|
|
Residential single-family or multifamily
|
See RSIS Standards except for residential historic districts
|
|
Uses in historic zone districts
|
No off-street parking permitted or required, except for new
historic hotels as note below
|
|
Assisted living facility
|
1 space per 3.5 rooms
|
|
Automobile service station
|
1 space per 3 gas dispenser
|
|
Automotive body repair and painting
|
2 spaces per bay and work area
|
|
Automotive sales (indoor)
|
2.5 spaces per 1,000 square feet per gross floor area of interior
sales space + 3 spaces per service bay
|
|
Bank
|
1 space per 250 square feet of gross floor area
|
|
Bed-and-breakfast homestay
|
None
|
|
Bed-and-breakfast guesthouses and inns
|
None
|
|
Car wash
|
5 spaces per washing lane + 1 space per full-time employee
|
|
Community center
|
1 space per 250 square feet of gross floor area
|
|
Community residence for the developmentally disabled
|
1 space per employee
|
|
Computer training facility
|
1 space per computer training terminal space + 1 space per 400
square feet of gross floor area
|
|
Family day care
|
1 space per employee
|
|
Funeral home
|
1 space per 200 square feet of gross floor area
|
|
Garden center/nursery
|
1 space per 300 square feet of gross floor area + 2.5 spaces
per 1,000 square feet of outdoor storage or nursery area
|
|
Health club
|
1 space per 75 square feet of gross floor area
|
|
Historic hotel
|
0.4 space per room for historic hotels on lots 40,000 square
feet or larger
|
|
Home occupation
|
1 space per employee + applicable RSIS requirements based on
dwelling unit type
|
|
Hospital
|
3 spaces per bed
|
|
Hotel
|
1 space per guest room + 1 space per 300 square feet of banquet,
restaurant and conference space
|
|
Laundromat
|
1 space per 3 washer or dryer machines
|
|
Long-term care facility
|
1 space per 3 beds
|
|
Manufacturing and assembly
|
1 space per 1,500 square feet of gross floor area
|
|
Marina
|
1 off-street parking street parking space for each boat dockage
space
|
|
Marine related sales and service
|
1.5 spaces per 1,000 square feet per gross floor area + 1 space
per full-time employee
|
|
Nightclub
|
1 space per 50 square feet
|
|
Office
|
1 space per 300 square feet of gross floor area
|
|
Office/flex space
|
1 space per 800 square feet of gross floor area
|
|
Personal service
|
1 space per 250 square feet of gross floor area
|
|
Place of worship
|
1 space per 4 seats; Every 3 feet of a pew measured horizontally
shall be considered a seat
|
|
Research
|
1 space per 1,000 square feet of gross floor area
|
|
Restaurant
|
1 space per 3 seats
|
|
Restaurant, take-out
|
Freestanding and freestanding drive-through: 1 space per 60
square feet of gross floor area, plus one space per employee on peak
shift
Other than freestanding or freestanding drive-through: 1 space
per 250 square feet of gross floor area
|
|
Retail sales and service
|
1 space per 250 square feet of gross floor area
|
|
School
|
1 space per classroom and other rooms used by students and/or
faculty + 0.25 per student over driving age
|
|
Self-storage facility
|
1 space per employee + 1 space per 10,000 square feet of gross
floor area
|
|
Shopping center
|
1 space per 250 square feet of gross floor area
|
|
Tavern
|
1 space per 2 seats
|
|
Theater
|
1 space per 3 seats
|
|
Warehouse and distribution facility
|
1 space per 2,500 square feet of gross floor area
|
F.
For uses not specifically described herein, parking requirements
shall be determined by the approving authority during a public hearing.
These requirements are considered minimum standards, and parking may
be provided in excess of these requirements, but in no case shall
the provided parking for non-residential uses exceed these minimum
requirements by more than 20%. This restriction shall not apply to
single-family dwelling units.
G.
All permitted and required accessory off street parking spaces shall
be located on the same lot as the use to which the spaces are accessory,
or upon an adjacent lot in common ownership.
[Ord. No. 00-40, 7-24-2000; amended 7-28-2014 by Ord. No. 14-27]
Parking is prohibited within front yard setback for all properties
fronting along State Highway 35 and West Lake Avenue.
[Ord. No. 00-40, 7-24-2000]
Places of worship shall be permitted as specified in Article IV in accordance with the following supplementary regulations:
A.
Setbacks.
1.
Bulk requirements. Places of worship shall conform to the following
bulk requirements:
(a)
Minimum lot area: 12,500 square feet.
(b)
Maximum height: 35 feet and 2.5 stories.
(c)
Minimum front yard setback: 15 feet.
(d)
Minimum side yard setback: 20 feet.
(e)
Minimum rear yard: 20 feet.
(f)
Any building shall be set back from any residential property
line at least 1 1/2 times the height of the main roof line, or
the applicable zone district requirement, whichever is greater.
B.
Residential use. A detached accessory single-family dwelling shall
comply with the yard requirements for such uses in the respective
zone. A single accessory apartment within the principal structure
may be provided.
C.
Child-care facility.
1.
An accessory child-care facility that meets the definition of
same as provided herein shall be permitted.
2.
Adequate and safe provisions shall be made for on-site drop-off
and pick-up areas.
(a)
The provider must be the resident of the premises, and must
present the Zoning Officer with documentation of substantial compliance
with all Division of Youth and Family Services requirements on an
annual basis. The family day care home must be registered pursuant
to the "Family Day Care Provider Registration Act,"[1] per N.J.S.A. 46:8D-1 et seq.
[1]
Editor's Note: See N.J.S.A. 30:5B-16 et seq.
(b)
Any side or rear yard which is utilized for recreation activity
must be fenced in accordance with this Chapter. No recreation area
may be located in a front yard area. Any associated equipment shall
be restricted to the fenced yard.
[Ord. No. 00-40, 7-24-2000]
In the B-1 Zone District, the side yard setback requirement
may be reduced to zero feet along any portion of a side lot line where
a building on an adjacent lot is built at a zero-foot setback to the
same side lot line. Either the required 10 feet minimum side setback
requirement or the reduction to zero feet shall be permitted. The
remaining side yard shall meet the combined side yard setback requirement
for the B-1 Zone District as set forth in Schedule B-1.[1]
[1]
Editor's Note: Said schedule is included as an attachment
to this Chapter.
[Ord. No. 00-40, 7-24-2000; amended 7-9-2007 by Ord. No. 07-25; 7-25-2016 by Ord. No. 16-23; 11-8-2021 by Ord. No. 21-45]
A.
Temporary Trailers - Definition. A wheel-based non-commercial structure
that is used for the transportation or storage of goods or materials,
as a construction office, for temporary short-term habitation in case
of calamity, or other occupancy subject to the provisions of this
subsection. A box container which has been temporarily or permanently
removed from a chassis or truck bed shall be considered a "trailer."
Nothing in this subsection shall be construed to prohibit trailers
hauling, loading or unloading merchandise in the course of their customary
function. No trailer shall be used except as specified hereunder.
B.
Natural Calamity. Trailers used for temporary residency by any occupant
of a dwelling that is being reconstructed due to damage from a fire,
flood, or other natural calamity shall be subject to the following
provisions:
1.
The trailer is placed only on the same lot which contains the
dwelling that is being reconstructed.
2.
An approved zoning permit shall be obtained from the Director
of Code Enforcement prior to the placement of such temporary trailer
on the site. The Director of Code Enforcement, under the advisement
of the Construction Code Official and Chief of the Fire Department,
shall be responsible for determining the most practical location for
such trailer.
3.
The time period of occupancy of such trailer shall not exceed
six months; provided, however, that the Director of Code Enforcement
may extend the time period of occupancy for an additional time period
of up to three months due to exceptional circumstances that prevent
the reconstruction and re-occupancy of the damaged building within
the initial six-month time period. However, in no instance shall such
trailer be occupied for a time period to exceed nine months, unless
extended by the Zoning Board of Adjustment.
C.
Construction and Storage Trailers. Trailers used for construction
offices and for storage of materials and supplies on a job site may
be used during the period of construction only. Such trailers may
be used only during the construction phase of a development. All material
storage and construction office trailers must be removed if no site
work or construction activity has occurred on-site for 45 days or
more, or if construction activity has substantially slowed. Such trailers
must be removed upon the completion or final occupancy of the new
structure(s).
D.
Trailers for the disposal of materials or for the storage of materials
and supplies not related to the construction job undertaken shall
be subject to the provisions below concerning dumpsters, PODS®, mobile attics and like portable on-demand storage
containers.
E.
Office and Classroom Trailers. Trailers for temporary use, including
but not limited to modified mobile homes for office use and classroom
space, may be placed on a lot in a non-residential zone, provided
that:
1.
"Temporary use" means use prior to final occupancy of a permanent
structure;
2.
The "temporary use" is in conjunction with a principal building
and a permitted use being undertaken, or approved to be undertaken
on the lot;
3.
Trailers are not to be located between a principal structure
and the front street line and all required setbacks and yards specified
for the respective zone are observed;
4.
On a corner lot, trailers shall not be located between a principal
building and any adjacent street line and shall observe all required
setbacks and yards specified for the respective zone;
5.
Site plan approval for a permanent principal structure on the
same lot is obtained prior to placement of a trailer;
6.
Use of a trailer permitted under this section does not commence
prior to site plan approval and does not exceed one year from the
date of such site plan approval unless extended by the Planning Board;
7.
The time period of occupancy of such trailer shall not exceed
six months; provided, however, that the Director of Code enforcement
may extend the time period of occupancy for an additional time period
of up to three months due to exceptional circumstances within the
initial six-month time period. However, in no instance shall such
trailer be occupied for a time period to exceed nine months, unless
extended by the Planning Board.
F.
Sales Offices.
1.
In subdivisions and site plans approved for residential construction,
the Director of Code Enforcement may permit a temporary sales office,
provided that, prior to issuance of a construction permit for such
temporary sales office, final approval for the tract upon which the
temporary sales office is to be located shall be effective. Only one
temporary sales office is permitted per tract.
2.
A site plan must be submitted to the Director of Code Enforcement
for review for compliance with all area and yard requirements and
all design standards required in the zone district where it is located.
Any relief from the aforesaid requirements or standards may only be
granted by the appropriate board of jurisdiction.
3.
Parking on other than accepted public roadways. The following
minimum on-site parking spaces must be provided:
(a)
One space for each employee.
(b)
One space for each 10 units or portion thereof for the first
50 units in any project.
(c)
One space for each 25 additional units or portion thereof in
any project greater than 50 units.
|
The parking area surface may be gravel if maintained in a dust-free
manner. However, the area of the driveway at least 25 feet from the
street cartway shall be constructed on bituminous asphalt to prevent
tracking of stone or dirt onto the public street.
|
4.
A zoning permit and a certificate of occupancy are required
for all temporary sales offices.
5.
The temporary sales office may only be located on the site until
the 15th or final certificate of occupancy is issued for the dwelling
units, whichever occurs first. At that time, the developer shall have
30 days to remove the temporary sales office and any appurtenances
from the site and restore any area disturbed. If the developer desires
to continue a sales office use, it must thereafter be from within
a proposed dwelling unit.
6.
Sales shall be limited to dwelling units being marketed in the
tract on which the temporary sales office is located; sales of off-tract
dwelling units are prohibited. Building materials and all other materials
except those directly related to the promotion and sale of dwellings
in the tract, such as decorating samples, brochures and offices supplies,
may not be stored in the sales office. Use of the sales office for
living quarters is prohibited.
7.
The municipal agency may also approve a temporary sales office
in conjunction with its review and approval of the site plan or subdivision
application, provided that the site plan and traffic control plan
therefor have been submitted.
G.
No Trailer may be temporarily or permanently used for storage of materials in any zoned district except to the extent permitted with regards to Dumpsters, Pods, Mobile Attics and like Portable On-Demand Storage containers to the extent permitted under Section 4-34 of the Code of the Township of Neptune.
[Ord. No. 00-40, 7-24-2000]
A.
No building erected on any lot need be set back farther from the
street line than the average alignment of existing buildings within
200 feet on each side of the lot and within the same block front and
district; however, regardless of the alignment of neighboring buildings,
no building erected between two existing buildings on immediately
adjacent lots need be set back farther than that of the two said buildings
which is farther from the street line.
B.
No open space provided around any principal building for the purposes
of complying with the front, side, or rear yard requirements of this
Chapter shall be considered as providing for the required yard areas
of another principal building.
C.
For special yard requirements particular to properties located in historic zone districts, see Section LDO-413.
D.
Yard setback requirements within the LI zone east of Route 35 shall
be 50% less than required setbacks in all other LI zones.
[Added 6-10-2002 by Ord.
No. 02-14]
Senior citizen apartment buildings shall be permitted in the
B-1 Zone District east of State Highway 35 on lots with frontage of
West Lake Avenue in accordance with the following regulations which
shall be deemed to supplement the underlying zoning regulations. Where
a regulation contained herein conflicts with an underlying zoning
regulation, the regulation herein shall apply.
A.
The maximum permitted floor area ratio (FAR) shall be no greater
than the sum of 1.10 and the FAR specified for the B-1 Zone.
C.
The maximum building coverage shall be no greater than 45%.
D.
The maximum building height as measured by the number of stories
shall be no greater than four stories.
E.
No dwelling unit shall have a floor area less than 550 square feet
(minimum floor area design standards for multifamily dwelling units
shall not apply).
F.
Outdoor seating areas shall be provided with an aggregate minimum
area that is no less than two square feet per one dwelling unit.
G.
Alternative parking standards to those required by Residential Site
Improvement Standards (RSIS) shall be accepted if the applicant demonstrates
that the proposed parking standard better reflects local conditions
and household characteristics.
[Ord. No. 00-40, 7-24-2000]
The sale of alcoholic beverages either in packaged form or in
by-the-drink shall be prohibited in all historic zone districts.
[Ord. No. 00-40, 7-24-2000]
A.
Purpose. The HD-O Zone District is subject to special setback provisions
dating to the late 1870s, providing for a flared setback that widens
toward the ocean from Central Avenue to Ocean Avenue. This flared
setback is a unique and invaluable resource that is recognized within
planning, urban design and historic preservation circles as one of
the first evidences of this type of streetscape treatment in the country.
B.
Ornamentation. Aside from an access walkway and sidewalk no greater
than six feet in width, shrubbery, flowers and other similar ornamentation
installed and maintained at a height of less than 30 inches, no structures
may be placed within, or may project into, the area defined as the
Historic Flared Avenue Open Space area. The area between the curb
and the sidewalk shall be maintained as a planted grass strip.
C.
Vehicles. No vehicles of any type may be parked within a flared avenue
open space area. This shall not preclude the parking of vehicles within
the established public right-of-way.
[Ord. No. 00-40, 7-24-2000]
Purpose. This subsection acknowledges that business owners and
consumers will benefit from what are commonly known as "sidewalk sales"
and that the proper regulation of such sales is required.
A.
Location. Sidewalk sales may be held only in the HD-B-1 Zone District.
B.
Limitations and Regulations.
1.
The merchandise to be sold must be directly related to the retail
establishment.
2.
The display of merchandise shall be restricted to the regular
hours of the business' operation and shall be removed at the close
of business each day.
3.
The display area must be immediately adjacent to the building
facade or curbline and shall not extend more than four feet beyond
the facade or curbline.
4.
The area devoted to the display shall be a maximum of 100 square
feet for a linear distance not to exceed 25 feet or the entire length
of the facade, whichever is smaller.
5.
The display shall not obstruct doorways nor impede pedestrian
traffic or wheelchair accessibility. When displays are located adjacent
to curb areas, a four-foot-wide passage shall be provided between
on-street parking and the sidewalks area every 20 feet.
6.
No display shall be allowed in off-street parking areas, loading
areas or emergency lanes.
7.
The retail merchandise shall not be displayed in cardboard boxes,
but rather shall be placed either on the sidewalk itself or upon a
display table or rack as appropriate to the nature of the merchandise.
8.
No more than one temporary sign, banner or flag not to exceed
16 square feet in size shall be permitted on-site in conjunction with
a sidewalk sale. No off-site signage shall be permitted.
[Ord. No. 00-40, 7-24-2000]
A.
The intent of this subsection is to establish regulations for establishing
an outdoor dining establishment accessory to a principal restaurant
use.
1.
The area utilized for dining must be accessory in nature to
a fully enclosed eating establishment.
2.
All service areas shall be inside the enclosed restaurant area,
or suitably screened.
3.
Walkways with a minimum forty-two-inch width shall be provided
to facilitate patron and employee circulation.
4.
An outdoor dining facility shall require approval of the Zoning
Officer for compliance with streetscape standards.
5.
All furniture, equipment, signs, and other furnishings shall
be subject to the guidelines of the Ocean Grove Streetscape Standards
and this Chapter.
6.
Outdoor dining shall be restricted to the regular hours of the
business' operation and the tables, chairs and associated furniture
shall be removed at the end of the business day.
[Ord. No. 00-40, 7-24-2000]
A.
Any hotel located east of Central Avenue, which, at the time of adoption
of this subsection, is a legal non-conforming use, shall be deemed
to be a principal permitted use to the extent the of the use which
exists at any such hotel at the time of adoption of this subsection.
However, any expansion of the use which exists at any such hotel at
the time of adoption of this subsection shall be deemed non-conforming
and would thus require a variance pursuant to N.J.S.A. 55D-70-d2 of
the Municipal Land Use Law.
B.
The construction of additional cubic volume on the existing footprint
of hotels subject to this section shall not be considered an expansion
of the existing hotel use, provided it does not result in the creation
of additional guestrooms. In the event of fire, damage or any other
casualty, hotels subject to this section shall have the right to rebuild
or repair the structure in accordance with its legal use as specified
in this section.
[1]
Editor's Note: Former Subsection LDO-413.06, Yard requirements,
amended 3-12-2007 by Ord. No. 07-11, was repealed 7-11-2011 by Ord.
No. 11-35.
[Ord. No. 00-40, 7-24-2000]
A.
Purpose. While the Zone Plan for the Township is effective in providing
for a variety of land uses and in separating conflicting land uses,
it is in the best interests of the Township to provide an alternative
method to the development of larger sites which permits a greater
variety and mix of land uses pursuant to a coordinated plan. Such
Planned Developments may consist of several different types of uses,
open space, an on-site circulation system for vehicles, bicyclists
and pedestrians and facilities for community services, such as recreation,
social activities and security to benefit the users of the Planned
Development. Finally, Planned Developments are intended to enable
creative design and development of larger sites without adversely
impacting surrounding land uses, particularly existing residential
neighborhoods.
B.
Applicability.
1.
This section contains requirements for Planned Commercial Development in the C-1 and LI Zone Districts. Section LDO-405 contains requirements and guidelines particular to Planned Unit Development in the PUD Zone District.
2.
The requirements for Planned Commercial Developments provided in
this section apply where Planned Commercial Developments are listed
as Permitted Uses in the applicable zoning district. To the extent
that the following provisions differ from the requirements of the
zoning district(s) otherwise applicable to the site or other requirements
of this Chapter, the provisions of this section shall govern.
C.
Standards. The following standards shall apply to Planned Commercial
Developments as defined in this Chapter.
1.
Development regulations.
(a)
Permitted uses within a Planned Development shall be those uses
listed as permitted uses in the zoning district. Accessory uses not
specifically listed in these zones but which are supportive services
and customarily incidental to a principal use are also permitted.
(b)
Wireless Telecommunication Facilities shall be considered permitted
uses in a planned development with a minimum tract size of 10 acres.
(c)
Except as otherwise provided herein, Planned Commercial Developments
shall be permitted only if the land which is to be used for the Planned
Development is located in the Planned Commercial Development (C-1)
or Light Industrial (LI) Zone Districts.
(d)
Minimum Improvable Area requirements shall not apply to Planned
Developments.
(e)
Bulk requirements. Bulk zoning requirements for Planned Commercial
Development in the C-1 and LI Zone Districts shall be in accordance
with the following tables:
|
Table 4.3: Bulk Regulations for Planned Commercial Development
in the Light Industrial (LI) Zone District
| |
|---|---|
|
Minimum Total Planned Commercial Development area
|
80 acres
|
|
Minimum tract area
|
5 acres
|
|
Office
| |
|
Maximum FAR*
|
2.7
|
|
Maximum principal building height/stories
|
150 feet/12 stories
|
|
Maximum height of accessory structures
|
60 feet
|
|
Front building setback
|
50 feet
|
|
Building setback from all other tract boundary lines
|
75 feet
|
|
Minimum separation between buildings
|
50 feet
|
|
Maximum building coverage*
|
40%
|
|
Maximum impervious coverage
|
70%
|
|
Hotel or Extended Stay Lodging Facility
| |
|
Maximum principal building height/stories
|
150 feet/12 stories
|
|
Maximum height of accessory structure
|
50 feet
|
|
Minimum front building setback
|
75 feet
|
|
Minimum building setback from all other tract boundary lines
|
100 feet
|
|
Minimum separation between buildings
|
30 feet
|
|
Maximum building coverage*
|
40%
|
|
Maximum impervious coverage
|
70%
|
|
Table 4.4: Bulk Regulations for Planned Commercial Development:
(C-1) Zone District
| |
|---|---|
|
Minimum Total Planned Commercial Development area
|
20 acres
|
|
Minimum tract area
|
2.5 acres
|
|
Office
| |
|
Maximum FAR*
|
2.7
|
|
Maximum principal building height/stories
|
150 feet/12 stories
|
|
Maximum height of accessory structures
|
50 feet
|
|
Front building setback
|
40 feet
|
|
Building setback from all other tract boundary lines
|
50 feet
|
|
Minimum separation between buildings
|
50 feet
|
|
Maximum building coverage*
|
30%
|
|
Maximum impervious coverage
|
70%
|
|
Hotel or Extended Stay Lodging Facility
| |
|
Maximum principal building height/stories
|
150 feet/12 stories
|
|
Maximum height of accessory structure
|
50 feet
|
|
Minimum front building setback
|
40 feet
|
|
Minimum building setback from all other tract boundary lines
|
50 feet
|
|
Minimum separation between buildings
|
30 feet
|
|
Maximum building coverage*
|
40%
|
|
Maximum impervious coverage
|
70%
|
|
Retail Sales and Services
| |
|
Maximum principal building height/stories
|
40 feet and 2 stories
|
|
Maximum FAR*
|
0.35
|
|
Minimum front building setback
|
40 feet
|
|
Minimum building setback from all other tract boundary lines
|
30 feet
|
|
Minimum separation between buildings
|
50 feet
|
|
Maximum building coverage*
|
35%
|
|
Maximum impervious coverage
|
75%
|
|
*
|
That portion of a multi-level parking structure specifically
designed to accommodate parking and driveway areas shall not be included
in determining the maximum permitted building coverage and/or maximum
floor area ratio (FAR) on a particular tract.
|
2.
Accessory uses.
(a)
Uses customarily incidental and accessory to principal permitted
uses.
(b)
Helistops.
(c)
Hotels or extended stay lodging facilities may provide up to
3,000 square feet of retail space within the principal structure.
Retail uses are limited to those businesses that are commonly found
in hotels, and provide services or shopping opportunities to hotel
guests and the public.
(d)
Planned office developments may include accessory uses such
as coffee shops, deli/restaurants, newspaper/stationary shops and
teller bank machines within principal structures, provided:
(i)
Such uses shall be included as tenants within the various principal
office buildings and shall not occupy separate buildings.
(ii)
Not more than 10% of the gross floor area of any
principal office building may be occupied by accessory uses.
(iii)
No accessory use shall have an individual outside
entrance, except for fire/service access, nor shall there be any display
of outside signage, except as part of the overall building identification
directory.
3.
Perimeter buffers.
(a)
Planted buffers shall be provided along the perimeter of any Planned Development in accordance with the minimum width parameters of Table 4.5 below. As set forth in Table 4.5 where a proposed use (vertical column) within a Planned Development is located near a tract boundary line that is common with an abutting use (horizontal row), the buffer width indicated in Table 4.5 shall be provided except as otherwise provided for herein. Where Route 18 or Route 66 serve as a zone district boundary, no buffering is required along such boundary. Where a tract boundary line is also a streetline, the buffer and screening requirements set forth in Article V (Design and Performance Standards) shall apply.
(b)
Every required buffer may contain berms, deciduous and evergreen
trees and shrubs, inclusive of ornamental trees and shrubs, as well
as ground covers or a combination of these features to achieve an
effective landscape screen. Design of buffer areas to achieve an effective
landscape screen shall follow the guidelines and standards outlined
in Section 503 below. The number, type and size of buffer plantings
shall be shown on the site plan.
(c)
To the extent that environmental constraints and physical or
Planned Development design conditions dictate, a variable width planted
buffer may be provided. The Board may approve a buffer width less
than the minimum prescribed in Table 4.5, provided that a commensurate
buffer width greater than the minimum requirement is provided elsewhere
on the site and that site cross-sections depicting a proposed landscape
buffer design treatment between a Planned Development and abutting
residentially zoned lands indicates that an effective landscape screen
can be achieved. No buffer shall be less than 10 feet unless the abutting
use is permanently reserved open space.
|
Table 4.5: Minimum Buffer Requirements at Tract Perimeter of
Planned Developments
| ||||
|---|---|---|---|---|
|
Abutting Use
|
Office
|
Industrial Warehouse
|
Residential
|
Quasi-Public/Institutional
|
|
Proposed Use
| ||||
|
Hotel/extended stay
|
10 feet
|
25 feet
|
50 feet
|
25 feet
|
|
Office
|
10 feet
|
25 feet
|
50 feet
|
25 feet
|
|
Retail commercial
|
25 feet
|
10 feet
|
50 feet
|
25 feet
|
|
Quasi-public/institutional
|
25 feet
|
50 feet
|
25 feet
|
10 feet
|
|
Other
|
25 feet
|
10 feet
|
50 feet
|
25 feet
|
4.
Building height exceptions within planned developments. In order
to encourage distinctive architectural designs which integrate and
effectively screen rooftop mechanical equipment, elevator penthouses,
stair enclosures, and similar features, screened mechanical equipment
enclosures may either be 10 feet from the perimeter walls of a building
or integral with the front facade of the building if designed as an
architectural extension of the facade containing similar building
materials. Such rooftop screening structures may exceed the permitted
building height by up to 16 feet, provided that the mechanical equipment
and appurtenances in the aggregate do not exceed 20% of the roof area
on which they are located.
5.
Parking and loading requirements for planned developments. Parking
shall be provided within Planned Developments in accordance with the
following:
(a)
Non-residential uses. Parking for office uses located within Planned Industrial Developments and Planned Commercial Developments shall provide off-street parking at a ratio of three parking spaces per 1,000 square feet of gross leasable floor space. Other permitted uses within a Planned Development shall provide parking in accordance with the Parking Requirements of Section LDO-412 of this Chapter.
(b)
Parking shall be distributed to minimize the walking distance
to building entrances. Parking decks and parking garages are encouraged.
Parking lots shall be designed to minimize the opportunities to cut
across parking aisles through the use of planting islands. Provisions
for safe pedestrian circulation between buildings and between buildings
and parking shall be included in the design for the Planned Development.
(c)
Multi-level parking structure. That portion of a multi-level
parking structure specifically designed to accommodate parking and
driveway areas shall not be included in determining the maximum permitted
building coverage and/or maximum floor area ratio (FAR) on a particular
tract.
6.
Off-street loading requirements. Loading spaces shall be provided for Planned Developments in accordance with Subsection LDO-412.12 of this Chapter. Loading spaces may occupy a side or rear yard if such spaces are effectively screened to shield such spaces from public view to the extent practicable at the closest access street frontage.
7.
Landscaping requirements.
(a)
Design of buffer areas. All required buffer areas that include
existing wooded areas that are less than 100 feet in width and containing
a plant association dominated by deciduous trees of six-inch caliper
or greater shall be supplemented along the exterior edge within the
required buffer area by landscape material that may include naturalized
groupings of native shrubs, evergreen trees (Eastern Red Cedar, American
Holly, indigenous conifers) or combinations of such plantings to the
extent allowed by current environmental regulations. Buffer areas
without existing wooded areas that abut existing residential uses
shall be designed to form an effective landscape screen between non-residential
and residential uses.
For purposes of this Chapter, an effective screen shall mean
that vision from an abutting residential lot line is screened to a
point where parking areas within the Planned Development will be substantially
blocked from view and filtered views of buildings is achieved. The
Board may approve fencing or hedges where appropriate to supplement
or replace a naturalized screen planting.
(b)
Parking area buffers. Landscaped buffers of not less than 25
feet in width shall separate all off-street parking areas from the
nearest streetline of a public street. When such street separates
the tract from a residential zone, the required buffer shall be 50
feet. Treatment of such buffers may contain berms, groupings of trees
and shrubs and ground covers or a combination of these features to
achieve an effective screen adjacent to such parking areas. Street
trees shall be planted at a minimum size of three-inch caliper and
spaced at intervals of 30 feet or in an alternate spacing pattern
depending on tree species and overall site design theme proposed for
the Planned Development. Where berming is provided, it shall be designed
with side slopes not to exceed 3:1 and shall undulate and overlap
where space allows.
(c)
Interior roads. Interior roads within a Planned Development shall be landscaped with street trees pursuant to the requirements of Article V of this Chapter.
(d)
Preserved open space. To the greatest extent possible, preserved
open space should be designed into the Planned Development where the
maximum preservation of significant natural features can be achieved
without the need for extensive replacement planting. Where new plantings
are necessary, they should be shown on the Landscape Plan submitted
with the Preliminary Major Site Plan submission. The Landscape Plan
must be professionally prepared and incorporate a balanced mix of
trees and shrubs appropriate to the use of the open space.
8.
Traffic circulation.
(a)
Planned Commercial Development may include new public and private
roadways in accordance with the standards set forth in this Chapter.
(b)
Planned Commercial Development in the LI Zone District shall
have principal vehicular access from a Minor Arterial roadway as classified
by the Circulation Element of the Master Plan. Secondary and/or emergency
access may be provided from a Collector Road.
(c)
Planned Commercial Development in the C-1 Zone shall have principal
vehicular access from a Major Arterial roadway as classified by the
circulation element of the Master Plan. Secondary and/or emergency
access may be provided from a Collector Road. Access to a Planned
Commercial Development shall not be provided via existing local roads
that primarily serve residential uses.
9.
Utility installations. All utilities for Planned Developments shall
be installed underground at a depth and at such location as will minimize
risk or interruption of services. All utilities shall be installed
in accordance with the applicable ordinances, regulations and standards
of any Federal, State, or local governmental agency, authority or
utility unless otherwise authorized by the regulating entity.
10.
Impact studies.
(a)
A thorough and detailed traffic engineering impact analysis
to determine the adequacy of existing streets and intersections in
the immediate vicinity of the Planned Development and the effect of
the additional traffic on the environs and surrounding areas.
(b)
A comprehensive fiscal impact analysis.
D.
Design guidelines for planned commercial developments. In addition to complying with the performance standards and design guidelines set forth in Article V, Planned Commercial Development shall be designed according to the following guidelines:
1.
Clustering of buildings and the provision of structured parking are
strongly encouraged to minimize the amount of site disturbance and
stormwater runoff, preserve open space, provide more efficient distribution
of infrastructure and encourage pedestrian circulation on the site.
2.
Buildings shall be designed in accordance with an architectural theme,
including signage, which is coordinated with site lighting, street
furniture, landscaping, architectural project identity features, and
other appurtenances in order to create a sense of place.
3.
Loading areas and docks should be designed into building corners
or otherwise be located so as to be at least partially hidden from
view.
4.
Each facade shall be finished with compatible materials and design
treatments.
5.
Smaller support businesses and services should either be incorporated
within the ground floor of office buildings or designed to front along
connecting interior roads where short-term street parking is permitted
in front of businesses without precluding necessary access by emergency
vehicles.
6.
Buildings should be arranged to enable and encourage pedestrian movement
between uses and buildings. The site plan should include a pedestrian
and bicycle pathway plan, inclusive of paver crosswalks with appropriate
signage.
7.
Open space within office or industrial developments shall include
sitting and outdoor eating areas. Provision for active and passive
recreational facilities is encouraged.
[Ord. No. 00-40, 7-24-2000]
Adult entertainment uses may be permitted when authorized as
a conditional use by the Planning Board in the C-2 Zone District in
accordance with the following conditions:
A.
In the C-2 Zone District, no adult entertainment use shall be permitted
within 1,000 feet of another adult entertainment use, any lot or building
used partially or wholly for residential purposes, a hospital, a nursing
home, an assisted living facility, a school, a public facility, a
day care or child-care center.
B.
An adult entertainment use shall not be permitted in any area other
than the C-2 Zone District.
[Ord. No. 00-40, 7-24-2000; amended 11-10-2003 by Ord. No. 03-35]
Assisted living facilities may be permitted when authorized
as a conditional use by the Planning Board in the R-4, PUD/R-1, C-3
and HD-R-2 Zone Districts in accordance with the following conditions:
A.
The facility shall provide individual apartment units with, at a
minimum, one unfurnished room, a private bathroom, a kitchenette,
and a lockable door on the unit entrance.
B.
A Certificate of Need from the New Jersey Department of Health and
Senior Services shall be demonstrated.
D.
A buffer area of at least 15 feet in width shall be provided to adjacent
residential uses, consisting of massed evergreen and deciduous plantings.
E.
A porte cochere may project 15 feet into the front yard setback area,
provided adequate landscaping is provided between said porte cochere
and the front yard line.
[Ord. No. 00-40, 7-24-2000; amended 11-10-2003 by Ord. No. 03-35]
Automotive body repair and painting may be permitted when authorized as a conditional use by the Planning Board in the C-2 and C-3 Zone Districts in accordance with Section LDO-415 as follows:
A.
All lubrication, repair, painting, or similar activities shall be
performed in a fully enclosed building. No exterior display or storage
of parts shall be permitted.
B.
No junked motor vehicle or part thereof, or such vehicles incapable
of normal operation upon the highway, shall be permitted on the premises
of the repair garage.
C.
No vehicle awaiting repair or disposition at the repair garage shall
be permitted on the premises for a period exceeding 10 days.
D.
No more than 30% of the lot may be utilized for temporary outdoor
vehicle storage. Regardless of lot area, a maximum of 15,000 square
feet may be devoted to temporary outdoor vehicle storage.
E.
A designated temporary outdoor storage area shall be enclosed by
a continuous solid fence at least eight feet in height for screening
purposes. The perimeter of said fence shall be generously landscaped
with ornamental landscaping.
F.
No temporary outdoor storage area shall be located within 20 feet
of a residential zone district.
G.
In addition to landscaping that is otherwise required pursuant to
the provisions of this Chapter, a minimum of 25% of the front yard
shall consist of landscape screening of the building and front yard
parking.
H.
No exterior display of motor vehicles, recreational vehicles, boats,
other forms of transportation, or equipment for sale shall be permitted.
[Ord. No. 00-40, 7-24-2000; amended 11-10-2003 by Ord. No. 03-35]
A.
Automotive service stations may be permitted when authorized as a
conditional use by the Planning Board in the C-3 Zone District in
accordance the following conditions:
1.
Notwithstanding the applicable zone district requirements, the
minimum lot size for service stations shall be 30,000 square feet
and the minimum lot frontage shall be 150 feet.
2.
Such use shall only be combined on the same site with another
principal use provided the other use is a principal use permitted
in the applicable zone district. In addition, a gasoline fueling station
may be permitted on the same site, provided a) the gasoline fueling
station is a conditional use permitted in the applicable zone district;
and b) the gasoline fueling station components of the site conform
to all of the conditional use standards specified for an automotive
fueling station.
3.
Notwithstanding any other provision to the contrary, service
stations shall be permitted two curb cuts — an entrance and
an exit — on one street frontage, but not to exceed three per
lot.
4.
No service station shall be located within 500 feet of any firehouse,
school, playground, church, hospital or public building.
5.
All facilities, including but not limited to repair appliances,
pits, product and part storage areas, work areas, storage tanks for
used automotive fluids, and trash facilities, shall be within a building
or under a roofed structure.
6.
All lubrication, repair, maintenance or similar activities shall
be performed in a fully enclosed building. No dismantled parts or
vehicle assemblies shall be displayed outside of an enclosed building.
7.
No junked motor vehicle or part thereof, or such vehicles incapable
of normal operation upon the highway, shall be permitted on the premises
of the repair garage. No motor vehicles awaiting repair or disposition
at an automotive service station shall be permitted on the premises
for a period exceeding seven days of business operation, except that
up to three inoperable vehicles in an enclosed building may be permitted
without a time restriction.
8.
A designated temporary outdoor storage area for vehicles awaiting
repair and/or service during off-business hours shall be provided,
unless all vehicle storage can be accommodated inside a building.
Such temporary outdoor storage area shall be:
(a)
Distinct and separate from visitor and employee parking and
of sufficient size to accommodate the anticipated number of vehicles
to be stored on-site;
(b)
Graded and paved to meet applicable Township design standards
as approved by the Township Engineer;
(c)
Located outside of a front yard area or a front yard setback
area;
(d)
Located a minimum distance of 15 feet from an adjacent property
situated in a residential zone district;
(e)
Located in a minimum distance of five feet from an adjacent
property situated in a nonresidential zone district; and
(f)
Enclosed by a continuous solid fence, which is at least eight
feet in height for screening purposes. The perimeter of said fence
shall be generously landscaped with ornamental landscaping.
9.
No more than 30% of the lot area may be utilized for temporary
outdoor vehicle storage. Regardless of lot area, a maximum of 15,000
square feet of outdoor area may be devoted to temporary outdoor vehicle
storage.
10.
In addition to landscaping that is otherwise required pursuant
to the provisions of this Chapter, a minimum of 25% of the front yard
shall consist of landscape screening of the building and front yard
parking.
11.
No exterior display of motor vehicles, recreational vehicles,
boats, other forms of transportation, or equipment for sale shall
be permitted.
B.
Gasoline fueling stations may be permitted when authorized as a conditional
use by the Planning Board in the C-3 Zone District in accordance with
the following conditions:
1.
Notwithstanding the applicable zone district requirements, the
minimum lot size for gasoline fueling stations shall be 40,000 square
feet and the minimum lot frontage shall be 200 feet.
2.
A gasoline fueling station may be combined on the same site
with another principal use, provided the other use is a principal
use permitted in the applicable zone district.
3.
An automotive service station may be permitted on the same site,
provided:
4.
Notwithstanding any other provision to the contrary, fueling
stations shall be permitted two curb cuts - an entrance and an exit
- on each street frontage, but not to exceed four per lot.
5.
No fueling station shall be located within 500 feet of any firehouse,
school, playground, church, hospital or public building.
6.
All facilities, including product storage arrears, product display
areas, vending machines, public telephone and trash facilities, other
than gasoline filling pumps, vacuum cleaner stations or air pumps
shall be within a building or under a roofed structure.
7.
A cantilevered cover or freestanding canopy may be permitted
to extend into the required front yard, provided that it is at least
15 feet from any front yard line.
8.
Gasoline filling pumps, air pumps vacuum cleaner stations shall
be permitted within the required front yard setback area of service
stations but shall be not closer than 20 feet to any street line.
No gasoline filling pump, air pump or vacuum cleaner station shall
be located within a required buffer area or within a required principal
building side yard or rear yard setback area.
9.
All fuel tanks shall be installed below grade in accordance
with all applicable local, state and federal regulations. No fuel
tank or vent pipe shall be located within a required buffer area or
within any required principal building setback area.
[Ord. No. 00-40, 7-24-2000; amended 11-10-2003 by Ord. No. 03-35]
Bed and Breakfast guesthouses and homestays shall be permitted
in the HD-O and B-3 Zone Districts, provided the following supplementary
regulations are met:
A.
The building is comprised of a structure originally constructed as
a private residence, hotel or a bed and breakfast;
B.
Guesthouses shall includes individual sleeping accommodations for
15 or fewer guests;
C.
Homestays shall include individual sleeping accommodations for five
or fewer guests;
D.
At least one dwelling unit is occupied by the owner of the facility
as his/her place of residence during any time the facility is being
used for the lodging of guests;
E.
The principal structure has not less than 300 square feet of common
area for the exclusive use of guests, including but not limited to
parlors, dining rooms, libraries and solariums;
F.
Cooking and smoking in guests rooms is prohibited;
G.
The facility provides a meal to the guests in the forenoon of each
day, but does not operate as a restaurant open to the general public;
H.
The facility is not a "rooming house" or "boarding house" as defined
by N.J.S.A. 55:13B-3;
I.
The facility is not within 200 feet of an existing bed and breakfast
on the same street; and
K.
Bed and Breakfast Guesthouses and Homestays shall be located north
of Main Avenue, including those properties fronting on both sides
Main Avenue.
Billboards may be permitted when authorized as a conditional
use by the appropriate Board in the LI Zone District in accordance
with the following conditions:
A.
Maximum distance of 200 feet from the Route 18 right-of-way
line;
B.
Maximum sign area showing to one direction shall be 700 square
feet with copy extensions beyond the basic billboard sign not to exceed
10 of the basic billboard.
C.
The minimum setback from the Route 18 right-of-way shall be
10 feet. The minimum setback from all other lot lines shall be 25
feet or equivalent to the height of the billboard, whichever is greater.
D.
Maximum billboard height shall be 40 feet as measured from the
existing grade to the top of the billboard.
E.
No more than three billboard structures shall be permitted on
both sides of Route 18 within any linear mile. Minimum distance between
billboards shall be 1,500 feet along the same side of the Highway.
F.
Billboards shall be located no closer than 800 feet to a residential
zone or as indicated by the New Jersey Department of Transportation
regulations.
G.
Billboards shall be designed and constructed so that the advertising
surface is capable of being seen and comprehended without visual aid
only by persons traveling on Route 18.
H.
Upon an application for a billboard, the items to be reviewed
as part of such an application shall include traffic safety lighting
landscaping visual impact drainage and other similar elements of site
plan reviews. As part of its review the approving agency shall consider
the impact of the proposed billboard on surrounding properties and
Route 18 itself.
I.
Lighting for any billboard shall be designed to restrict any
glare and spillover to the immediate area of the sign.
J.
Any application for construction of a billboard shall require
the applicant to comply with the Roadside Sign Control and Outdoor
Advertising Act as contained in N.J.S.A. 27:5-5 et seq., as well as
any other applicable statutes law, and regulations related to billboards.
K.
No more than one billboard structure shall be permitted on any
one tax lot.
L.
Any billboard that legally exists may be converted to a digital
subject to the additional conditions set forth in Subsection 415.06B.
[Added 7-13-2015 by Ord.
No. 15-28]
[1]
Editor's Note: This ordinance also renumbered former Subsection LDO-415.06 as Subsection LDO-415.06A.
[Added 7-13-2015 by Ord.
No. 15-28]
In addition to conditions set forth in Subsection 415.06A, Digital
Billboards may be permitted when authorized as a conditional use by
the appropriate local land use Board in the LI Zone District in accordance
with the following conditions:
A.
Display.
1.
A digital billboard display shall remain fixed for a period
of at least eight seconds before changing, and a message change shall
be accomplished completely within two seconds or less.
2.
The maximum brightness levels for a digital billboard shall
not exceed 0.3 foot-candle over ambient light levels as measured using
a foot candle meter at the following preset distances:
(a)
Zero-square-foot to 350-square-foot signs are to
be measured 150 feet from the source;
(b)
Three-hundred-fifty-one-square-foot to 650-square-foot
signs are to be measured 200 feet from the source;
(c)
Six-hundred-fifty-one-square-foot to 672-square-foot
signs are to be measured 250 feet from source.
|
Upon the completion of construction, the billboard owner shall
provide a certification of the Township's Engineering Department demonstrating
that the sign has been preset to automatically adjust the brightness
to these levels or lower. Re-inspection and recalibration may be periodically
required at the discretion of the Township to ensure that the specified
brightness levels are maintained at all times.
|
3.
A digital billboard must have installed an ambient light monitor
which shall continuously monitor and automatically adjust the brightness
level of the display based on ambient light conditions consistent
with the terms of this Article.
4.
Brightness of digital billboards shall be measured as follows:
(a)
At least 30 minutes following sunset, a foot candle
meter shall be used to obtain an ambient light reading for the location.
This is done while the sign is off or displaying black copy. The reading
shall be made with the meter aimed directly at the sign area at the
pre-set location.
(b)
The sign shall then be turned on to full white
copy to take another reading with the meter at the same location.
(c)
If the difference between the readings is 0.2 foot
candles or less, the brightness is properly adjusted.
B.
NJDOT Compliance. All applications for billboards shall comply
with the current New Jersey Department of Transportation regulations.
C.
Emergency Services. Digital billboard operators shall coordinate
with the Neptune Township Office of Emergency Management to convey
real time emergency information in the interest of public health,
safety, and welfare.
D.
Malfunction. In the event the digital billboard sign is found
to be in disrepair, the digital billboard operator must respond to
address the issue within one hour of the notification. The digital
billboard sign display must be deactivated until the issue is remedied.
The issue with the digital billboard sign must be remedied within
12 hours after notification to the digital billboard operator has
been made.
[Ord. No. 00-40, 7-24-2000; amended 11-10-2003 by Ord. No. 03-35]
Community centers may be permitted when authorized as a conditional
use by the Planning Board in the C-3, R-4 and R-5 Zone Districts in
accordance with the following conditions:
A.
The site includes or is in close proximity to open space which can
be utilized for active recreation.
B.
Direct access to at least a collector roadway to serve the use is
available.
C.
All interior areas designed for potentially noisy activities are
sufficiently sound-insulated or separated from adjacent residential
structures so as to avoid any noise nuisance.
[Ord. No. 00-40, 7-24-2000; amended 11-10-2003 by Ord. No. 03-35]
Drive-through restaurants may be permitted in the B-1, C-1,
C-2, LI, PUD, and C-6 Zone Districts when authorized as a conditional
use by the Planning Board in accordance with the following conditions:
B.
Buffering.
1.
A landscaped buffer area a minimum of 25 feet in width to an
adjacent residential zone district or residential property line shall
be provided.
2.
A six-foot-high board-on-board fence shall be provided at the
perimeter of the site at the board of jurisdiction's discretion. Said
fence shall not be located within a front setback area.
C.
Vehicular access.
1.
Principal driveway access to a site containing a drive-through
restaurant shall only be provided via a major arterial, minor arterial
or collector roadway as identified by the Circulation Element of the
Master Plan. Secondary and emergency access may be provided via a
local roadway.
2.
Planned unit development. Except for access points for emergency
vehicles, driveway access shall not be provided from a public right-of-way
to a drive-through restaurant in the PUD Zone District. Vehicular
access shall be provided either via a private roadway, or an internal
connection to an adjacent retail or office parking area.
D.
Drive-through areas.
1.
A minimum of 75 feet of queuing space shall be provided on-site,
as measured from an ordering area.
2.
Two internally illuminated menu boards not to exceed 12 square
feet each in area may be provided within the building envelope.
[Amended 3-12-2007 by Ord. No. 07-11]
3.
A "bail-out" lane shall be provided to allow cars in queue to
freely move through the site.
4.
No loudspeaker shall be permitted at yards that abut a residential
zone district or residential property line.
5.
No drive-through area located within 150 feet of a residential
zone district or residential property line shall be in use past 11:00
p.m. or before 7:00 a.m.
6.
A pedestrian area located in the vicinity of a drive-through
facility shall be clearly delineated by raised sidewalk areas, painted
crosswalks, distinct paving materials or any combination thereof.
Appropriate signage alerting motorists to pedestrian areas shall be
provided.
E.
Indoor recreation. An accessory indoor recreation area not to exceed
15% of the gross floor area may be included within the principal structure.
Only access points to exterior areas for emergency access may be provided
in the vicinity of an indoor recreation area.
[Ord. No. 00-40, 7-24-2000]
Historic hotels shall be permitted in the Historic District
Oceanfront (HD-O) Zone District subject to the following conditions:
A.
All guest rooms shall include full, private bathroom facilities.
B.
All guest rooms shall average 175 square feet, including required
bathroom facilities.
C.
A minimum of 15% of the total floor area of the historic hotel shall
be devoted to common areas for the use and enjoyment of hotel guests
and the general public.
D.
All service, garbage and loading facilities shall be located in the
rear portion of the building, shall not be located in required yard
setbacks and shall be suitably screened from adjacent properties.
E.
No exterior light levels which exceed 0.5 foot candle shall cross
property lines.
F.
No parking facility or portion thereof shall be permitted in front
yard areas.
G.
Pre-existing historic hotel structures which are non-conforming with
respect to the bulk requirements set forth in Zoning Schedule B-1
shall be permitted to be altered, enlarged, or extended, provided
that all conditions of this subsection are complied with and existing
nonconforming bulk conditions are not increased.
H.
The minimum lot area for a newly constructed historic hotel lot shall
be 10,000 square feet. The minimum lot area for a historic hotel utilizing
an existing structure shall be 3,600 square feet.
I.
Cooking and smoking in rooms shall be prohibited.
J.
The structure shall not be a rooming house or boarding house as defined
by N.J.S.A. 55:13B-3.
K.
The facility shall not allow any guest to remain more than 30 days,
or more than 30 days of any period of 60 successive days.
L.
Historic hotels shall be located north of Main Avenue, including
those properties fronting on both sides Main Avenue.
M.
Parking shall only be provided for new historic hotels with a minimum
lot area of 40,000 square feet or greater.
[Ord. No. 00-40, 7-24-2000]
Light food concessions may be permitted in the HD-R Zone District
when authorized as a conditional use by the Planning Board in accordance
with the following conditions:
A.
A light food concession area shall be located on the beach.
B.
A light food concession area shall be prohibited on boardwalk and
pier.
C.
Each concession area shall provide restroom accommodations for men
and women.
D.
Light food concessions may also provide for the rental and use of
recreational and beach articles, such as umbrellas, chairs, racquets
and similar items, and for the sale of beach related sundries.
[Ord. No. 00-40, 7-24-2000]
This Chapter recognizes existing mobile home parks in the LI
Zone District. A mobile home park existing at the time of the passage
of this Chapter is considered a conditional use in the LI Zone District,
and shall be governed by the following regulations.
A.
An open space at least 15 feet in width is to be provided between
mobile home structures in order to ensure accessibility for emergency
vehicles. Mobile homes may be located at least 10 feet from each other
end.
B.
Clothes-drying and trash container areas shall be adequately screened,
conforming to the screening provisions of this Chapter.
C.
No mobile home, lot or space shall be located further than 1,000
feet from a fire hydrant.
D.
All roadways, sidewalks, curbs and storm drains within a mobile home
park must comply with Township standards.
E.
Mobile home parks may be inspected by the Township Zoning Officer
and Health Officer on an annual basis to determine compliance with
all applicable health, fire and sanitary regulations.
F.
A zoning permit must be issued prior to the installation of a mobile
home pad to determine compliance with the provisions of this section.
G.
In accordance with N.J.A.C. 5:23-2.2, manufactured homes constructed
and installed under 24 CFR Parts 3280 and 3285, respectively, are
not under the jurisdiction of the Uniform Construction Code (UCC)
but under the jurisdiction of HUD and, therefore, Neptune Township
shall not require a valid Certificate of Occupancy prior to installation
of manufactured homes/mobile homes in Neptune, and the Federal Government
shall retain jurisdiction and responsibility for the oversight of
the installation of mobile homes as well as gas and electrical connections
to said homes and inspections therein, and it will not be involved
in the issuance of permits for any utility connections of newly installed
mobile homes, and Neptune Township's local enforcing agency under
the UCC shall continue to retain jurisdiction over the relocation
or rehabilitation of existing manufactured/mobile homes. Moreover,
the local enforcing agency shall continue to be responsible for the
requirements of structural, fire and sanitary safety, zoning and other
municipal codes, as long as such regulations are not in conflict with
Federal jurisdiction.
[Amended 7-13-2020 by Ord. No. 20-16]
H.
No building or structure shall exceed 35 feet in height, except as
regulated by the height exception provisions of this Chapter.
I.
All mobile homes shall be served by public potable water and sanitary
sewer.
[Ord. No. 00-40, 7-24-2000; amended 12-9-2002 by Ord. No. 02-41; 11-10-2003 by Ord. No. 03-35]
Accessory apartment dwelling units may be permitted when authorized
as a conditional use by the Planning Board in the B-1 and HD-B-1 Zone
District in accordance the following conditions:
A.
Apartments may be located at the second and third story levels of
buildings in the B-1 and HD-B-1 Zone District, provided the first
story level is devoted to a permitted use in the district.
B.
Principal access to a second or third story apartment shall be provided
via a dedicated entranceway or vestibule at the building's face. Apartments
shall not be located at the first story level of buildings in the
B-1 and HD-B-1 Zone District.
C.
Dwelling unit size. Minimum dwelling unit floor areas based on multi-family
dwelling unit type shall be as follows:
|
Dwelling Unit Type
|
Minimum Floor Area
(in square feet)
|
|---|---|
|
Studio/efficiency apartment
|
500
|
|
1-bedroom apartments
|
850
|
|
2-bedroom apartments
|
1,000
|
|
Apartments with 3 or more bedrooms
|
1,150 + 150 per additional bedroom
|
[Ord. No. 00-40, 7-24-2000]
Professional Offices may be permitted in the HD-R-1 Zone District
subject to the following conditions:
A.
The structure devoted to professional office use shall front Main
Avenue and be located between New Jersey Avenue and New York Avenue.
B.
A maximum of one dwelling unit may be located within a structure
that contains an office use. The dwelling unit and office use must
maintain individual primary entrances to a structure. This shall not
preclude the operation of a home occupation or home professional office
in accordance with this Chapter.
C.
A structure containing a professional office shall have maximum floor
area ratio (FAR) of for 1.7.
[Ord. No. 00-40, 7-24-2000]
Parking lots shall be permitted as a conditional use in the HD-R and R-5 Zone Districts as specified in Article IV in accordance with the following conditions:
A.
HD-R Zone.
1.
Parking shall be provided in surface-level lots only.
2.
Parking lots shall be screened from public right of way by a
hedge, with a minimum height of 2.5 feet, to maximum of height of
adjacent boardwalk.
3.
The lot shall consist of a stabilized permeable surface of light
colored gravel, stone or shell.
4.
Lighting shall be provided in accordance with historic fixture
design guidelines for the boardwalk area.
B.
R-5 Zone District.
[Added 6-10-2002 by Ord.
No. 02-14]
1.
Parking areas shall be primarily associated with a public educational
facility.
2.
The maximum permitted distance between the parking lot parcel
and a public educational facility parcel shall be no greater than
700 feet.
3.
Parking shall be provided in fully paved surface-level lots
only.
4.
No individual parking space shall be located closer than five
feet from a front lot line. The parking lot, including driveways,
shall be situated at least 10 feet from all lot lines other than a
front lot line.
5.
Maximum impervious lot coverage shall not exceed 80%.
6.
A minimum of 10% of the lot area shall be devoted to usable
public spaces, such as but not limited to seating areas, public art
and plazas.
7.
Improvements shall include facilities to accommodate public
transportation.
[Ord. No. 00-40, 7-24-2000; amended 11-10-2003 by Ord. No. 03-35]
Public utility uses shall be permitted as a conditional use in the B-1, B-2, C-1, C-2, LI, PUD/R-1, C, C-3, C-4, C-5, C-6, R-2 and R-3 Zone Districts as specified in Article IV in accordance with the following conditions:
A.
Site plans, specifications and a statement setting forth the need
and purpose of the installation are filed with the board of jurisdiction.
B.
Proof is furnished that the proposed installation in a specific location
is necessary and convenient for the efficiency of the public or private
utility system or the satisfactory and convenient provision of service
by the utility to the neighborhood or area in which the particular
use is located.
C.
The design of any building utilized in connection with such facility
conforms to the general character of the area and shall in no way
adversely affect the adjacent properties. No building may exceed 20
feet in height.
D.
A continuous six-foot-high board-on-board fence shall be provided
to screen the public utility facility from public view and to ensure
security. Other fence types which provide 50% visibility may be used,
provided adequate, continuous landscaping is provided at the fence
perimeter. Said plantings shall be evergreen, and shall be six feet
high at the time of planting.
E.
A structure associated with a public utility facility in a non-residential
zone district may not be located closer than 50 feet to residential
property line.
F.
Building or mounted lighting fixtures may be utilized, provided shielding
is provided to reduce glare to adjacent properties. Motion-sensitive
lighting is encouraged.
G.
Appropriate safety devices shall be provided at the public utility
facility to ensure public safety.
[Ord. No. 00-40, 7-24-2000]
Fully enclosed eating establishments (excluding those which
serve alcoholic beverages and offer live entertainment), and retail
and personal service establishments shall be permitted only as an
accessory use within a historic hotel in the HD-O Zone District, provided
that the following conditions are met:
A.
The accessory commercial establishments shall be secondary to the
principal use of a historic hotel; shall be located entirely within
the physical structure of the building and the access or exit shall
be within the interior of the structure in which it is located; not
more than 25% of the total floor area of any historic hotel structure
shall be allotted to or used for accessory commercial purposes. Properties
fronting on Main Avenue may be permitted to use up to 50% of the total
floor area for accessory commercial purposes.
B.
Any signs advertising the commercial establishments shall conform
to the applicable sign controls for the specific historic zone district
in which the structure is located.
C.
Where an owner of a hotel or other transient residential structure
makes application on behalf of an accessory commercial establishment
for a variance to provide access directly from a street, the means
of access (or exit) shall be subject to review of the Historic Preservation
Advisory Committee.
D.
Live, non-amplified, musical entertainment shall be permitted with
the following restrictions: live, non-amplified, musical entertainment
shall be permitted between the hours of 12:00 noon and 10:30 p.m.,
Sunday to Thursday, and 12:00 noon and 11:30 p.m., Friday to Saturday.
[Ord. No. 00-40, 7-24-2000]
Retail sales and services shall be considered a conditional
use in the LI Zone District subject to the following regulations:
A.
Retail sales and services must be incidental and accessory to a principal
permitted use.
B.
No more than 15% of the gross floor area of a principal building
may be devoted to retail sales and services.
C.
Adequate parking in accordance with the standards set forth in Section LDO-412 shall be provided for the accessory retail sales and service use, as well as for the principal permitted use.
D.
Goods sold and services provided by the retail component are to be
goods and services traditionally provided by the principal use.
[Ord. No. 00-40, 7-24-2000]
Public self-storage facility may be permitted in the LI Zone
District when authorized as a conditional use by the Planning Board
in accordance with the following conditions:
A.
Such facility shall be limited to a maximum FAR of 0.90.
B.
No storage of hazardous or combustible materials shall be permitted.
C.
No sale of material shall be permitted from the premises, except
for the purpose of satisfying unpaid rent pursuant to law.
D.
No animals or livestock shall be permitted on the premises.
E.
No outside storage shall be permitted except that boats and recreational vehicles may be stored in the rear yard provided that they are properly screened from the traveling public in accordance with Section LDO-503.
F.
Buildings shall be separated a minimum of 35 feet except that the
distance may be reduced to 25 feet in instances where no access to
individual storage facilities is proposed. The reduction only applies
where no access is allowed on both sides of the drive aisle.
G.
The facility will be completely surrounded by architectural fencing
or walls a minimum of six feet in height.
I.
A single residential unit for the use of a caretaker and immediate
family shall be permitted.
J.
Any other provisions not herein modified shall apply.
[Ord. No. 00-40, 7-24-2000; amended 11-10-2003 by Ord. No. 03-35]
Wireless telecommunication facilities may be permitted in the C-1, C and LI Zone Districts when authorized as a conditional use by the Planning Board in accordance with this Subsection LDO-415.19 as follows:
A.
General requirements.
1.
Principal or accessory use. Telecommunications antennas and
towers may be considered either principal or accessory uses. Notwithstanding
any other regulation, a different existing structure on the same lot
shall not preclude the installation of an antenna or the co-location
of an antenna on such lot. If a tower and its appurtenant structures
constitute the sole use of the lot, the tower shall be deemed to be
the principal use.
2.
Leased area. For purposes of determining whether the installation
of a tower or antenna complies with zone regulations, including but
not limited to setback requirements, lot coverage requirements, and
other such requirements, the dimensions of the entire lot shall control,
even though the antennas or towers may be located on leased parcels
within such lot.
3.
State or federal requirements. All wireless communication facilities
must meet or exceed current standards and regulations of the FAA,
the FCC, and any other agency of the state or federal government with
the authority to regulate towers and antennas. If such standards and
regulations are changed, then the owners of a wireless telecommunication
facility shall bring such towers and antennas into compliance with
such revised standards and regulations within 90 days of the effective
date of such standards and regulations, unless a different compliance
schedule is mandated by the controlling federal or state agency. Failure
to bring a wireless telecommunication facility into compliance with
such revised standards and regulations shall constitute grounds for
the removal of the wireless telecommunications facility at the owner's
expense.
4.
Not essential services. Wireless telecommunication facilities
shall be regulated and permitted pursuant to this Chapter and shall
not be regulated or permitted as essential services, public utilities
or private utilities.
5.
Site plan required. Site plan approval shall be required for
all new telecommunication facilities, including modifications to addition
of new telecommunication facilities to pre-existing towers, buildings
or other structures.
B.
Antennas on existing structures. Any antenna that is not attached
to a tower may be attached to any existing business, industrial, office,
utility or institutional structure, provided:
1.
Side- and roof-mounted personal wireless facilities shall not
project more than 10 feet above the height of an existing building
or structure nor project more than 10 feet above the height limit
of the zoning district within which the facility is located. Personal
wireless service facilities may locate on a building or structure
that is legally nonconforming with respect to height, provided that
the facilities do not project above the existing building or structure
height.
2.
The antenna complies with all applicable FCC and FAA regulations.
3.
The antenna complies with all applicable building codes.
4.
Equipment structure. An equipment structure shall not contain
more than 200 square feet of gross floor area or be more than 10 feet
in height. In addition, for buildings and structures that are less
than 48 feet in height, the related unmanned equipment structure shall
be located on the ground and shall not be located on the roof or other
structure.
C.
Co-location and tower reconstruction. Co-location of antennas by
more than one carrier on existing towers and the reconstruction of
existing towers shall be consistent with the following:
1.
A tower that is modified or reconstructed to accommodate the
co-location of additional antenna shall be the same tower type as
the existing tower, unless reconstruction of a monopole is proposed.
2.
Height. An existing tower may be modified or rebuilt to a height
no taller than the existing tower height.
3.
Reconstruction of existing towers.
(a)
Setbacks. The following setback requirements shall apply to
the reconstruction of an existing tower:
(i)
Towers must be setback a distance equal to at least
75% of the height of the tower from any adjoining non-residential
lot line.
(ii)
Towers must be setback a distance equal to the
height of the tower from any adjoining residential zone or property
line.
(iii)
Guys and accessory buildings must satisfy the
minimum zone district setback requirements.
(b)
A tower that is being rebuilt to accommodate the co-location
of an additional antenna may be relocated from its existing location,
provided the foregoing setback requirements are met.
(c)
After the tower is rebuilt to accommodate co-location, only
one tower may remain on the site.
(d)
A reconstructed tower shall maintain a galvanized steel finish
or, subject to any applicable standards of the FAA, be painted a neutral
color to reduce visual obtrusiveness. The use of camouflage structures,
materials and treatments (trees, steeples, clock towers) shall be
required in locations where vegetative conditions or architectural
conditions warrants said treatment.
4.
Security. Towers shall be enclosed by security fencing not less
than eight feet in height. Towers shall also be equipped with anti-climbing
measures.
5.
Lighting. No lighting is permitted on an existing or reconstructed
tower except lighting that is specifically required by the FAA. Such
required lighting shall be focused and shielded to reduce glare to
adjacent and nearby properties to the greatest extent possible.
6.
Ancillary buildings.
(a)
Any proposed building enclosing related electronic equipment
shall not contain more than 200 square feet of gross floor area or
be more than 10 feet in height.
(b)
Only one such building shall be permitted on the lot for each
provider of wireless telecommunication services located on the site.
(c)
Such buildings must satisfy the minimum zone district setback
requirements.
(d)
One light may be provided at the entrance of the building, provided
that the light is attached to the building, is focused downward and
is switched so that the light is turned on only when workers are at
the site.
7.
Guarantees and Inspection Escrows. Prior to the signing of any
Site Plan, issuance of a Development Permit or the commencement of
reconstruction, the applicant must comply with Performance Guarantee
requirements and Inspection Fee requirements unless there exists no
prospect of site work or ground improvements in which case said Guarantee/Inspection
Fee requirements may be waived. An applicant's need for additional
ancillary buildings or other ground improvements shall require compliance
with Performance Guarantee requirements and Inspection Fee requirements.
[Added 9-27-2010 by Ord.
No. 10-32]
D.
Abandonment or discontinuation of use.
1.
At such time that a licensed carrier plans to abandon or discontinue
operation of a wireless telecommunication facility, such carrier shall
notify the Township Clerk by certified U.S. mail of the proposed date
of abandonment or discontinuation of operations. Such notice shall
be given no less than 30 days prior to abandonment or discontinuation
of operations. In the even that a licensed carrier fails to give such
notice, the wireless telecommunication facility shall be considered
abandoned upon discontinuation of operations.
2.
Upon abandonment or discontinuation of use, at the option of
the Township, the carrier shall physically remove the facility within
90 days from the date of abandonment or discontinuation of use. "Physically
remove" shall include, but not be limited to:
(a)
Removal of antennas, mount, equipment shelters and security
barriers for the subject property;
(b)
Proper disposal of waste materials from the site in accordance
with local, county and state solid waste disposal regulations;
(c)
Restoring the location of the facility to its original and/or
natural condition, except that any landscaping and grading shall remain
in the after-condition as deemed appropriate by the Township Engineer.
3.
If a carrier fails to remove a wireless telecommunications facility
in accordance with this section, the Township shall have the authority
to enter the subject property and physically remove the facility.
The Board of Jurisdiction shall require the posting of a bond at the
time of approval to cover the costs for the removal of the facility.
The bonding requirement shall not be applicable to tenants with subleases
for telecommunications equipment though such tenants shall be required
to sign a Resolution of Approval that such tenants or successors,
lessees or assigns must notify the Township Engineer in writing advising
of any discontinuance and must submit a plan to the Township Engineer
for the removal of any and all equipment from the subject property.
[Amended 9-27-2010 by Ord. No. 10-32]
[Added 2-10-2014 by Ord.
No. 14-07]
A.
Permitted. Convenience Stores with Gas are permitted as a conditional
use in the following zones: Planned Commercial Development (C-1);
Corridor Commercial (C-2); Route 66W Commercial (C-3); Route 66E Commercial
(C-4); Route 33W Commercial (C-5); Route 33E (C-6); Route 35 Commercial
(C-7); Town Commercial (B-1); Professional Office (B-2); Marina Mixed
Use (B-3); and the Light Industrial (LI), provided the following standards
are met, together with any applicable requirements of this Chapter
as follows:
1.
The minimum site area shall be 1.5 acres.
2.
The minimum lot frontage shall be 200 feet. On corner lots,
the street frontage on the primary roadway shall be 200 feet and on
the secondary roadway the street frontage shall be 150 feet.
3.
There shall be no repair, maintenance or washing of motor vehicles
conducted on the premises, except for customary services provided
while refueling motor vehicles, such as adding vehicle fluids and
washing windows, and except for self-service air pumps for tires and
self-service vacuums for motor vehicles.
4.
Any fuel pumps, canopy over the fuel pumps and shelter for pump
attendants shall be located at least 100 feet from any residential
use located in a residential zone district, and 50 feet from any property
line.
5.
Must front on Route 66, Route 33, Route 35 and Asbury Avenue.
6.
Maximum canopy height of 18 feet to the peak of the canopy.
7.
Parking. One space for every 200 square feet of building footprint
plus one space for each employee at the maximum shift.
8.
No direct glare from the lights shall fall upon adjoining streets
or properties.
9.
The sale, rental or lease of new or used vehicles is prohibited.
10.
A four-season buffer, 25 feet wide, shall be provided on any
lot line adjacent to a residential use or zone. A ten-foot buffer
shall be provided to any non-residential use.
11.
All fuel, oil or similar volatile substances shall be stored
as per National Fire Prevention Association Standards.
12.
All unpaved areas of the site shall be graded and planted with
grass, shrubs, trees or other suitable landscaping material.
13.
There shall be no drive-thru facilities associated with the
convenience store.
14.
Outdoor solid waste disposal containers and dumpsters shall
be contained within masonry structures with the same fascia material
as the convenience store or gas station building.
15.
A traffic study by a licensed Professional Engineer in the State
of New Jersey shall be provided, either completed during peak time
and season, or adjusted for such. The study shall include delivery
and fuel truck maneuvers as well as on-site ingress and egress routes.
16.
The proposed convenience store with gas is located at least
2,500 feet in any direction from any other existing convenience store
with gas or existing gas station that maintains a convenience store,
only if the existing convenience store is 2,000 square feet or greater.
17.
If a car wash is proposed, the subject property should be two
acres in size.
18.
Convenience stores shall be permitted, provided that:
[Added 7-26-2021 by Ord.
No. 21-34; amended 2-28-2022 by Ord. No. 22-09; 10-11-2022 by Ord. No.
22-45; 12-22-2022 by Ord. No. 22-51]
Cannabis Class uses, (other than Alternative Treatment Centers)
shall be permitted in the C-1 Zoning District provided the following
supplementary regulations are met:
A.
Hours of Operation. Cannabis Class 5 uses are permitted the following
hours of operation:
1.
Sunday thru Saturday: 9 AM to 10 PM.
B.
Location. The permitted location of such uses shall be in accordance
with the current NJ State requirements in addition to the following:
C.
Permitted Classes of Licenses (as defined by the State of NJ). The
following classes or combination of are permitted:
D.
Quantity. The maximum permitted number of Class 5- Cannabis Retailer
licenses in Neptune Township will be three (3). There is no limit
on the number of licenses issued by the Township Committee for Class
1- Cannabis Cultivator, Class 2- Cannabis Manufacturer, Class 3- Cannabis
Wholesaler, Class 4- Cannabis Distributor, and Class 6- Cannabis Delivery
Service.
F.
Cannabis Consumption Areas. Cannabis Consumption Areas are prohibited.
G.
Performance Standards for All Cannabis Class Uses. Performance standards of Land Development Ordinance Section LDO-402 shall also apply.
1.
Pollen And Seed Control. The cannabis business licensee shall
implement measures to prevent cross-pollination and to prevent cannabis
pollen and seeds from leaving the premises, including, but not limited
to, use of pollen screens, ultraviolet light and methods to ensure
that employees and other visitors do not leave the premises while
carrying any cannabis pollen or seeds
2.
Odor. A cannabis business licensee shall prevent all odors generated
from the cultivation and storage of cannabis from escaping from the
buildings on the site, such that the odor cannot be detected by a
reasonable person of normal sensitivity outside the buildings. All
cannabis facilities shall have an air treatment system to mitigate
cannabis-related odor. The air treatment system shall have sufficient
odor absorbing filtration systems utilizing carbon filters or similar,
and ventilation and exhaust systems to eliminate cannabis odors coming
from the interior of the premises, such that any odor generated inside
the facility is not detectable by a person of reasonable sensitivity
at the subject property line,
3.
Lighting.
[Added 2-28-2022 by Ord. No. 22-05]
A.
Purpose.
1.
The purpose and intent of this subsection is to:
(a)
Establish a local policy concerning small cell equipment and
wireless poles.
(b)
Conserve the limited physical capacity of the Public Right-of-Way
held in public trust by the Township and the County.
(c)
Assure that any and all telecommunications carriers providing
telecommunications services in the Township through small cell equipment
and wireless poles comply with the laws, rules and regulations of
the Township.
(d)
Assure that the Township can continue to fairly and responsibly
protect the public health, safety and welfare.
(e)
Enable the Township to discharge its public trust consistent
with rapidly evolving Federal and State regulatory policies, industry
competition and technological development.
2.
This section shall supplement Subsection LDO-415.19, "Wireless Telecommunications Facility," by establishing guidelines for placement of small cell facilities and wireless poles in the Public Right-of-Way. This section is intended to be in addition to, and not in lieu of, any other ordinances, statutes, rules and regulations applicable to small cell facilities and wireless poles. Nothing herein shall abrogate any Federal, State, or Local Regulation applicable to small cell facilities and wireless poles, including without limitation to the provisions of Section LDO-415 regarding land use in the Township of Neptune.
B.
Definitions.
1.
As used in this subsection,
the following terms shall have the meaning as follows:
(a)
ALTERNATIVE POWER FACILITY — An existing or proposed structure
that is compatible with the natural setting and surrounding structures
and that camouflages or conceals the presence of the antennas and
can be used to house or mount a personal wireless telecommunications
service antenna. Examples include man-made trees, clock towers, bell
steeples, light poles, silos, existing utility poles, existing utility
transmission towers and other similar alternative designed structures.
(b)
ANTICIPATED MUNICIPAL EXPENSES — The cost of processing
an application to place small cell equipment or wireless poles in
the Public Right-of-Way, including but not limited to, all professional
fees such as engineer and attorney costs.
(c)
APPLICANT — The person or entity seeking an application
for a permit to place small cell equipment or wireless poles within
the Public Right-of-Way.
(e)
EXISTING POLE — A wireless pole, or pole owned by an incumbent
local exchange carrier, competitive local exchange carrier, electric
distribution company or other company that is in lawful existence
within the Public Right-of-Way. It shall not include an antenna, monopole
or preexisting towers and preexisting antennas, for which a building
permit has been properly issued prior to the effective date of this
Section, including permitted towers or antennas that have been approved,
but have not yet been constructed so long as such approval is current
and not expired.
(f)
FCC or FEDERAL COMMUNICATIONS COMMISSION — The Federal
Administrative Agency, or lawful successor authorized to regulate
and oversee telecommunication carriers, services and providers on
a national level.
(g)
GRANTEE — The person or entity for which a license, as
defined in this Section is granted by the Township and the lawful
successor, transferee or assignee of such person, entity or corporation.
(h)
HISTORIC DISTRICT — An area that is zoned or otherwise
designated as a historic zoning district under Municipal, State or
Federal Law and for which the Township maintains and enforces the
uniform and non-discriminatory basis with regard to all users of the
Public Right-of-Way pursuant to this subsection.
(i)
LICENSE AGREEMENT — A contract by which the Grantee is
allowed to use the Township's Public Right-of-Way for the purpose
of carrying on the business in which it is generally engaged, including
furnishing service to members of the public.
(j)
MUNICIPAL FACILITIES — Any property, both real and personal,
including physical installations in the Public Right-of-Way that is
owned by the Township of Neptune.
(k)
PERSONAL WIRELESS SERVICE — A type of "commercial mobile
radio service" (as that term is defined in 47 CFR 20.3) as listed
at 47 CFR 20.9(a)(11) and as defined at 47 CFR 24.5, and provided
by the use of "personal wireless service facilities" (as such phrase
is defined in Section 704 of the Federal Telecommunications Act of
1996, Pub. L. No. 104-104, 110 State 56 (1996), partially codified
at 47 U.S.C. 332(c)(7)(C)(ii).
(l)
PROFESSIONAL SURVEY — A raised seal stamped survey completed
by a duly licensed surveyor.
(m)
PUBLIC RIGHT-OF-WAY — The surface of, and the space above,
any public street, road, lane, path, public way or place, sidewalk,
alley, boulevard, parkway, drive and the like, held by the Township
or County as an easement or in fee simple ownership, or any other
area that is determined by the Township or County to be a right-of-way
in which the Township may allow the installation of small cell equipment
and wireless poles or other telecommunications facilities.
(n)
SMALL CELL EQUIPMENT AND SMALL CELL FACILITY — Any of
the following that are attached, mounted or installed on an existing
pole or wireless pole in the public rights-of-way and used to provide
personal communications services:
(1)
Wireless Facilities and transmission media, including
femtocells, picocells and microcells;
(2)
Outside distributed antenna systems ("ODAS");
(3)
A personal wireless service facility as defined
by the Federal Telecommunications Act of 1996, as amended as of August
6, 2014; or
(4)
A wireless service facility that meets both of
the following qualifications:
(a)
Each antenna is located inside an enclosure of
no more than three cubic feet in volume or, in the case of an antenna
that has exposed elements, the antenna and all of its exposed elements
could fit within an imaginary enclosure of no more than three cubic
feet; and
(b)
Primary equipment enclosures are not larger than
17 cubic feet in volume. The following associated equipment may be
located outside of the primary equipment enclosure and, if so located,
is not included in the calculation of equipment volume: electric meter,
concealment, telecommunications demarcation box, ground-based enclosures,
back-up power systems, grounding equipment, power transfer switch
and cutoff switch.
(o)
SMALL CELL NETWORK — A collection on interrelated small
cell facilities designed to deliver wireless service.
(p)
TELECOMMUNICATIONS — The transmission by wire, radio,
optical or any electromagnetic system, between or among points specified
by the user, of information of the user's choosing, without change
in the form or content of the information as sent and received.
(q)
TELECOMMUNICATIONS CARRIER — Any provider of telecommunications
services.
(r)
TELECOMMUNICATIONS FACILITY — Any structure or device
used for the purpose of providing, supporting, enabling, or otherwise
facilitating telecommunications, including, but not limited to, small
cell equipment and wireless poles and defined herein.
(s)
TOWNSHIP — Township of Neptune.
(t)
TOWNSHIP COMMITTEE — The Township Committee of the Township
of Neptune.
(u)
TOWNSHIP ENGINEER — The person appointed to be Township
Engineer for the Township of Neptune pursuant to N.J.S.A. 40:9-140.
(v)
WIRELESS POLE — A column or post lawfully located in the
Public Right-of-Way used solely to support small cell equipment and/or
provide personal wireless service.
(x)
ZONE, RESIDENTIAL — Any zones permitting single-family,
two-family or multifamily residences, assisted-living residences,
nursing homes and/or residential health care facilities.
C.
Applicability.
1.
Any telecommunications carrier wishing to place small cell equipment,
and/or wireless poles in the Public Right-of-Way must first enter
into a License Agreement with the Township of Neptune. The placement
of specific small cell equipment onto existing poles or the erection
of wireless poles shall require the approval of a License Agreement
by the Township Committee based on recommendations by the Township
Engineer and Township Attorney.
2.
If the Township's Land Use and Development Ordinances require
site plan approval, or the approval of any variances from the Township
Planning and Zoning Board, the applicant shall be required to secure
any approvals and/or variances following the grant of a License under
this subsection. A Planning and Zoning Board Application for the construction,
installation, or location for telecommunications facilities shall
not be deemed complete until a License under this subsection is granted
by the Township.
3.
Co-location. The shared use of existing freestanding or roof-mounted
facilities shall be preferred to the construction of new facilities
in order to minimize adverse visual impacts associated with the proliferation
of towers.
(a)
No application to construct a new freestanding or roof-mounted
personal wireless telecommunications service facility shall be approved
unless the applicant demonstrates to the reasonable satisfaction of
the Township that no existing personal wireless telecommunications
service facility within a reasonable distance, regardless of municipal
boundaries, can accommodate the applicant's needs. Evidence submitted
to demonstrate that no existing personal wireless telecommunications
service facility can accommodate the applicant's proposed facility
shall consist of one or more of the following.
(i)
No existing facilities are located within the geographic
area required to meet the applicant's coverage demands.
(ii)
Existing facilities or structures are not of sufficient
height to meet the applicant's coverage demands and cannot be
extended to such height.
(iii)
Existing facilities or structures do not have
sufficient structural strength to support the applicant's proposed
antenna and related equipment.
(iv)
Existing facilities or structures do not have
adequate space on which proposed equipment can be placed so it can
function effectively and reasonably.
(v)
The applicant's proposed antenna would cause
electromagnetic interference with the antennas on the existing facility,
or the antennas on the existing facility would cause interference
with the applicant's proposed antenna.
(vi)
The applicant demonstrates that there are other
compelling limiting factors, including but not limited to economic
factors, that render existing facilities or structures unsuitable.
(b)
No telecommunications carrier or operator shall unreasonably
exclude a telecommunications competitor from using the same facility
or location. Upon request by the Township, the owner or operator shall
provide evidence and a written statement to explain why co-location
is not possible at a particular facility or site.
(c)
If a telecommunications competitor attempts to co-locate a personal
wireless telecommunications service facility on an existing or approved
facility or location, and the parties cannot reach an agreement, the
Township may require a third-party technical study to be completed
at the applicant's expense to determine the feasibility of co-location.
(d)
Applications for new freestanding personal wireless telecommunications
facilities shall provide evidence that the facility can accommodate
co-location of additional carriers.
(e)
A telecommunications carrier who is issued a License pursuant
to this Section who wishes to add, supplement, or modify the Telecommunications
Facility for which the License was previously granted shall be required
to obtain a new License in accordance with the procedures established
by this Section, except that no new License shall be required if the
additional, supplement or modification does not materially change
the overall size, dimensions or appearance of the Telecommunications
Facility.
(f)
Any person who desires a License pursuant to this subsection
shall file an application with the Township Administrator. The application
shall include the following information.
(i)
The identity of the License Applicant, including
all affiliates of the applicant.
(ii)
A description of the telecommunications services
that are or will be offered or provided.
(iii)
A description of the Telecommunications Facility(ies).
(iv)
A description of the transmission medium that
will be used by the License to offer or provide telecommunications
services.
(v)
Preliminary engineering plans, a survey, specifications,
and a network map of the Telecommunications Facility to be located
within the Township, all in sufficient detail to identify:
[a]
The location and route requested for the applicant's
proposed Telecommunications Facility.
[b]
The location of all antennas, cells and nodes for
the applicant's proposed Telecommunications Facility.
[c]
The location of all overhead and underground public
utility, telecommunications, cable, water, sewer drainage and other
facilities in the public way along the proposed route.
4.
The specific trees, structures, improvements, facilities and
obstructions, if any, that the applicant proposes to temporarily or
permanently remove, relocate or alter.
5.
Federal requirements. All personal wireless telecommunications
facilities shall meet the current standards and regulations of the
FAA, the FCC, and any other agency of the Federal Government with
the authority to regulate personal wireless telecommunications service
facilities. Failure to meet such revised standards and regulations
shall constitute grounds for revocation of Township approvals and
removal of the facility at the owner's expense.
6.
Safety Standards. All personal wireless telecommunications facilities
shall conform to the requirements of the International Building Code
and National Electrical Code, as applicable.
7.
Third Party Review.
(a)
Telecommunications carriers use various methodologies and analysis
tools, including geographically based computer software, to determine
the specific technical parameters of facilities, such as expected
coverage area, antenna configuration and topographic constraints that
affect signal paths. In certain instances there may be a need for
expert review by a third party of the technical data submitted by
the provider. The Township may require such a technical review to
be paid for by the applicant for a telecommunications facility. The
selection of a third-party expert may be by mutual agreement between
the applicant and the Township or at the discretion of the Township,
with a provision for the applicant and interested parties to comment
on the proposed expert and review its qualifications. The expert review
is intended to be a site-specific review of technical aspects of the
facilities and not a subjective review of the site selection. The
expert review of the technical submission shall address the following:
(i)
The accuracy and completeness of the submission.
(ii)
The applicability of analysis techniques and methodologies.
(iii)
The validity of conclusions reached.
(iv)
Financial statements prepared in accordance with
generally accepted accounting principles demonstrating the applicant's
financial ability to construct, operate, maintain, relocate and remove
the telecommunications facilities.
(v)
Information to establish the applicant's technical
qualifications, experience and expertise regarding the telecommunications
facilities and telecommunications services described in the application.
(vi)
Information to establish that the applicant has
obtained all other governmental approvals and permits to construct
and operate the telecommunications facilities and to offer or provide
the telecommunications services.
(vii)
Information to establish that the telecommunications
facility meets the current standards and regulations of any agency
of the federal government with the authority to regulate telecommunications
facilities.
(viii)
Information to establish that the proposed telecommunications
facility conforms to the requirements of the International Building
Code and National Electrical Code, as applicable.
(ix)
Any specific technical issues designated by the
Township.
(b)
Based on the results of the third-party review, the Township
may require changes to the application for the facility that comply
with the recommendation of the expert.
D.
License Agreement.
1.
A License Agreement entered into pursuant to this subsection
shall include the following provisions:
(a)
The term shall not exceed 25 years.
(b)
The following conditions shall apply to the issuance of site-specific
licenses for:
(i)
Small Cell Equipment.
[a]
The proposed installation must not be in excess
of the height of the existing pole, before the installation, plus
six feet.
[b]
The proposed installation shall be constructed,
finished, painted and otherwise camouflaged, in conformance with best
available stealth technology methods, so as to blend in compatibility
with its background and so as to minimize its visual impact on surrounding
properties.
[c]
The proposal must include an Engineer's Certification
verifying the structural integrity of the pole.
[d]
The placement of equipment cabinets along with
any small cell equipment installation must conform to the following
requirements:
[1]
For sites located within nonresident zones, no
pole-mounted small cell equipment may project beyond the side of the
pole more than 30 inches.
[2]
Except for in a Flood Zone, no ground-mounted small
cell equipment may exceed seven feet in height, occupy more than 36
square feet of ground area, be located more than 15 feet from the
existing pole, may comply with required sight triangles, sight distance
and breakaway design in accordance with local ordinance and the American
Association of State Highway and Transportation Officials (AASHTO).
However, the applicant may seek relief from this requirement from
the Zoning Board of Adjustment pursuant to N.J.S.A. 40:55D-70(d)(1).
[e]
No small cell equipment shall be placed within
500 feet of an existing small cell equipment installation. This shall
not preclude the colocation of two such facilities on the same pole,
or within the same vault.
[f]
The cumulative size of a small cell equipment installation
for any one site shall not exceed seventeen (17) cubic feet.
(c)
Wireless Poles.
(i)
Wireless poles are not permitted in residential zones that,
as of the date of adoption of this subsection, do not have wooden
utility poles of any kind already installed. However, the applicant
may seek relief from this requirement from the Zoning Board of Adjustment
pursuant to N.J.S.A. 40:55D-70(d)(1).
(ii)
Wireless poles shall be the same type (i.e. wooden, steel) as
the existing utility poles located on either side of it and shall
not be higher than 115% of the average height of the existing utility
poles within 500 feet, but in no event higher than 60 feet in height,
and no antenna or attachment shall extend more than six feet above
said utility pole. If there are no existing utility poles in the Public
Right-of-Way within 500 feet of the proposed utility pole, the carrier
shall submit a plan for a proposed stealth structure for review and
approval of the Township Engineer.
(iii)
Wireless poles are not permitted in areas with underground utilities.
However, the applicant may seek relief from this requirement from
the appropriate authorities.
(iv)
The proposed wireless pole shall be constructed, finished, painted
and otherwise camouflaged, in conformance with best available stealth
technology methods, so as to blend in compatibly with its background
and so as to minimize its visual impact on surrounding properties.
(v)
No wireless pole may be spaced less than 500 linear feet from
another existing pole or proposed wireless pole that is capable of
supporting small cell equipment. However, this requirement may be
administratively waived for wireless poles that are proposed to be
placed within nonresidential zones where the proposal is determined
to be aesthetically consistent with the surrounding streetscape.
(vi)
If the wireless pole or facility is located in the Historic
District it is subject to subsection LDO-415-22K below.
(vii)
The wireless pole cannot exceed 60 Feet. However, the applicant
may seek relief from this requirement from the Zoning Board of Adjustment.
(viii)
The wireless pole cannot be placed in such a way that it encroaches upon or blocks sight triangles as required by Subsection 4-33.2 of the Neptune Code of Ordinances.
(ix)
The applicant must demonstrate that the proposed small cell
equipment cannot be co-located.
E.
Application Process.
1.
Location. Small cell facilities that cannot be co-located are
permitted in Township right-of-way, upon facilities in these rights-of-way
and on public easements owned by the Township under the following
priorities:
(a)
First, on a Township-owned utility pole, which shall be removed
and replaced with a pole designed to contain all antennas and equipment
within the pole to conceal any ground-based support equipment and
ownership of which pole is conveyed to the Township.
(b)
Second, a Township-owned utility pole with attachment of the
small cell facilities in a configuration approved by the Township.
(c)
Third, on a third-party owned utility pole (with the consent
of the owner thereof), with attachment of the small cell facilities
in a configuration approved by the Township.
(d)
Fourth, on a traffic signal pole or mast arm in a configuration
approved by the Township or County, or in the case of a Department
of Transportation Facility, approved by the DOT.
(e)
Fifth, on a freestanding or ground-mounted facility which meets
the definition of and requirements for an alternative tower facility
in a location and configuration approved by the Township.
2.
Survey. Every applicant must provide the Township with a current
professional survey, signed and sealed by a licensed PLS in the State
of New Jersey and completed within six months of application, demonstrating
that the area on which it proposes to place small cell equipment and/or
a wireless pole is located within the Public Right-of-Way. The applicant
must also provide easting and northing coordinates in state plane
for inclusion in a GIS inventory.
(a)
Small Cell Equipment. The Township Engineer shall review all
applications and make a recommendation to the Township Committee as
to whether a License should be issued.
(b)
Wireless Poles. The Township Engineer shall review all applications and make a recommendation to the Township Committee as to whether a License is in compliance with the terms of this subsection LDO-415.22 and the License Agreement and may therefore be issued.
3.
Any denial of a License must be in writing and provide the facts
upon which such a denial is based.
4.
An accompanied by a payment of a fee of $500.00 for up to five
small wireless facilities with an additional $100.00 for each small
wireless facility beyond five. An application for a License under
this subsection for the installation of a new structure shall be accompanied
by a payment of a fee of $1,000.00 for up to five small wireless facilities
with an additional $100.00 for each small wireless facility beyond
five.
5.
Pursuant to N.J.S.A. 54:30A-124, the Township shall recover
reasonable fees for actual services incurred in the review of all
applicants under this Section. The applicant shall make a deposit
of $2,000.00 toward anticipated municipal expenses which shall be
placed in an escrow account. If said escrow account contains insufficient
funds to enable the Township to perform its review, the Chief Financial
Officer shall provide the applicant a notice of insufficient balance.
In order for review to continue, the applicant shall, within 30 days,
post a deposit to the account in an amount to be mutually agreed upon.
6.
An applicant, upon receiving a License for the placement of
small cell equipment or a wireless pole in the Public Right-of-Way,
may proceed in requesting all other necessary street opening permits
and building permits and, upon receiving the same, may proceed with
construction. Applicants must comply with all other State and Federal
Laws, Rules and Regulations along with any other applicable local
ordinances.
7.
Certificate of Incorporation. An applicant, in order to be granted
the rights and privileges of the use of the Public Right-of-Way must
produce evidence of an original Certificate of Incorporation and/or
a Certificate of Good Standing from the Secretary of State of New
Jersey.
F.
Application Review/Time Frames.
1.
Installation of new small cell facilities.
(a)
Absent an agreement to the contrary between the Township and
the applicant that is confirmed by email or other writing, the Township
shall grant or deny applications for small cell facility within the
right-of-way not later than ninety (90) days after the date of filing
by an applicant of a complete application.
2.
Co-location of small cell facilities.
(a)
Absent an agreement to the contrary between the Township and
the applicant that is confirmed by email or other writing, the Township
shall grant or deny applications to co-locate or to replace or modify
any portion of a small wireless facility on or associated with an
existing wireless support structure not later than sixty (60) days
after the date of filing by an applicant of a complete application.
3.
Removal of small cell facilities.
(a)
The Township shall act on request to remove Wireless Support
Structures associated with small wireless facilities from the right-of-way
typical to the review time frames for the general right-of-way authorization
required for this activity, and subject to Paragraph L of this subsection.
4.
Eligible Facilities Request.
(a)
The Township shall act on an Eligible Facilities Request in
accordance with 47 C.F.R. § 1.40001 not later than sixty
(60) days after the date of filing by an applicant of a complete application.
5.
Applications to deploy small wireless facilities at multiple
locations or a mix of preexisting and new structures must be acted
upon within ninety (90) days after the date of filing by an applicant
of a complete application.
6.
Completeness. Within ten (10) business days after receiving
an application the Township will determine and notify the applicant
whether the application is complete; or if an application is incomplete,
the Township shall specifically identify the missing information.
G.
Assignment or Transfers of Small Cell Facility Licenses. Ownership
or control of a License issued pursuant to this Section may not, directly
or indirectly, be transferred, assigned or disposed of by sale, lease,
merger, consolidation or other act of the Grantee, by operation of
law or otherwise, without the prior consent of the Township of Neptune
as expressed by resolution.
H.
General Indemnification of Township in Connection with Telecommunications
Facilities. Each License Grantee shall indemnify and hold the Township
and its officers, employees, agents and representatives harmless from
and against any and all damages, losses and expenses, including reasonable
attorneys' fees and costs of suit or defense, arising out of,
resulting from or alleged to arise out of or result from the negligent,
careless or wrongful acts, omissions, failures to act or misconduct
of the Grantee or its affiliates, officers, employees, agents, contractors
or subcontractors in the construction, operation, maintenance, repair
or removal of its telecommunications facilities, and in providing
or offering telecommunications services over the facilities, whether
such acts or omissions are authorized, allowed or prohibited by this
subsection or by a License Agreement made or entered into pursuant
to this subsection.
I.
Revocation or Termination of License.
1.
The Township may revoke a License granted under this subsection
for the following reasons:
(a)
Construction or operation without a License.
(b)
Construction or operation at an unauthorized location.
(c)
Unauthorized substantial transfer of control of the Grantee.
(d)
Unauthorized assignment of a License.
(e)
Unauthorized sale, assignment or transfer of Grantees assets,
or a substantial interest therein.
(f)
Misrepresentation or lack of candor by or on behalf of a Grantee
in any application to the Township.
(g)
Abandonment of the Telecommunications Facility. A telecommunications
facility shall be deemed "abandoned" if it is either disconnected
from power service or unused for greater than six (6) months. Abandoned
telecommunications facilities shall be removed by the Owner/Grantee.
Should the Owner/Grantee fail to remove the telecommunications facility,
the Township may do so at its option, and the costs thereof shall
be a charge against the Owner/Grantee.
(h)
Insolvency or bankruptcy of the Grantee.
(i)
Material violation of the Township's Revised General Ordinances.
2.
In the event that the Township believes that grounds exist for
the revocation of a License, it shall give the Grantee written notice
of the apparent violation or noncompliance, providing a statement
of the nature and general facts of the violation or noncompliance,
and providing the Grantee a reasonable period of time, not exceeding
thirty (30) days to furnish evidence:
J.
Notification Required.
1.
Any telecommunications carrier who desires to change existing
use, construct, install, operate, maintain or otherwise locate a telecommunications
facility in the Township shall provide notice to property owners certified
by the Township Administrator to be within 200 feet of the proposed
telecommunications facility.
2.
Notice shall be given to the property owner by:
(a)
Serving a copy thereof on the property owner as shown on the
current certified tax list, or his or her agent in charge of the property;
or
(b)
Mailing a copy thereof by certified mail and regular mail to
the property owner at the address as show on the said current certified
tax list, and service by mailing shall be deemed complete upon deposit
with the United States Postal Service.
3.
Notice pursuant to this Section shall state the identity of
the telecommunications carrier; a description of the telecommunications
services that are or will be offered or provided; a description of
the location(s) of any telecommunications facilities; and a description
of the telecommunications facilities to be installed and the location
of the telecommunications facilities. The notice shall also advise
that a copy of the applicant's application is on file with the
Township Administrator and may be reviewed by the public.
4.
Such other and further information as may be required by the
Township Administrator,
5.
In the case of an application that seeks to construct, install,
operate, maintain or otherwise locate a telecommunications facility
or equipment on any property owned or controlled by the County, including
but not limited to a County right-of-way, the applicant shall also
provide notice to and obtain a permit from the County authorizing
the placement of such telecommunications facility on any such property
or right-of-way.
6.
This Section shall be in addition to and not in lieu of any
notice provisions set forth in Statute, Rule or Regulation.
K.
Historic District.
1.
All applications for installation of any equipment governed
by this Ordinance that is in the historic district must comply with
all Federal, State and Local Laws regulating the historic districts,
but as long as such installation is in the Public Right-of-Way, it
is not subject to review and issuance of a Certificate of Appropriateness
by the Historic Preservation Commission. Nevertheless, this Section
may not be construed to limit the Township's authority to enforce
Historic Preservation Zoning Regulations consistent with the preservation
of local zoning authority under 47 U.S.C. § 332(c)(7), the
requirements for facility modifications under 47 U.S.C. § 1455(a)
or the National Historic Preservation Act of 1966 (54 U.S.C. § 300101
et seq.) and the regulations adopted to implement those laws.
(a)
As a condition for approval of a new small wireless facility
or new wireless support structure in the historic district with placement
in the Public Right-of-Way, the Township in its review of the application
may use a consultant to address design and aesthetic standards that
should be followed to minimize the negative impact to the aesthetics
in the historic district. The standard for review for aesthetic purposes
is that any aesthetic requirements be reasonable; that is, technically
feasible and reasonably directed to avoid or remedy the intangible
public harm of unsightly or out of character deployments. Aesthetic
requirements shall be consistent with that applied to similar infrastructure
deployments and are no more burdensome than those which apply to other
types of infrastructure deployments.
L.
Removal, Relocation or Modification of a Communications Facility
in the Right-of-Way.
1.
Notice. Within 90 days following written notice from the Township,
a Grantee shall, at its own cost and expense, protect, support, temporarily
or permanently disconnect, remove, relocate, change or alter the position
of any Telecommunications Facility with the Public Right-of-Way whenever
the Township has determined that such removal, relocation, change
or alteration, is reasonably necessary for the construction, repair,
maintenance or installation of any Township improvement in or upon
the operations of the Township in or upon the Public Right-of-Way,
or pursuant to any redevelopment plan made pursuant to the Municipal
Land Use Law contained in N.J.S.A. 40:55D, or any Township resolution
that approves any redevelopment plan for work that is performed by
a private company other than the Township. The Township shall apply
the same standards to all utilities in the Public Right-of-Way.
2.
Emergency Removal or Relocation of Facilities. The Township
retains the right and privilege to cut power to or move any Telecommunications
Facility located with the Public Right-of-Way of the Township, as
the Township may determine to be necessary, appropriate or useful
in response to any public welfare emergency or safety emergency. If
circumstances permit, the Township shall notify the Grantee an opportunity
to move its own facilities prior to cutting power to or removing the
Telecommunications Facility, and in all cases shall notify the Grantee
after cutting power to or removing the Telecommunications Facility
as promptly as reasonably possible.
3.
Structural Reconditioning, Repair and Replacement. From time
to time the Township may paint, recondition or otherwise improve or
repair the Township poles in a substantial way ("Reconditioning Work").
The Grantee shall reasonably cooperate with the Township to carry
out Reconditioning Work activities in a manner that minimizes interference
with the Grantee's approved use of the facility.
(a)
Prior to commencing Reconditioning Work, the Township will use
reasonable efforts to provide the Grantee with at least 60 days prior
written notice. Upon receiving that notice, it shall be the Grantee's
sole responsibility to provide adequate measures to cover, remove
or otherwise protect the Grantee's Telecommunications Facility
from the consequences of the Reconditioning Work, including but not
limited to paint and debris fallout. The Township reserves the right
to require the Grantee to removal all of the Grantee's Telecommunications
Facility from the Township's Poles and surrounding premises during
Reconditioning Work, provided the requirement to remove the same is
contained in the written notice required by this Subsection. All costs
associated with the protection measures, including temporary removal,
shall be the sole responsibility of the Grantee. The Township will
provide the Grantee with a date by which its equipment must be protected
or removed. The Grantee may request a modification of the Township's
procedures for carrying out Reconditioning Work in order to reduce
the interference with Grantee's operation of its Telecommunications
Facility. If the Township agrees to the modification, the Grantee
shall be responsible for all reasonable incremental costs related
to the modification.
(b)
If the Township Poles need to be replaced ("Replacement Work"),
the Township shall provide the Grantee with at least 60 days written
notice to remove its Telecommunications Facilities. The Township shall
also promptly notify the Grantee when the Township's Poles have
been replaced and the Grantee may reinstall its equipment. During
the Redevelopment Work, the Grantee may maintain a temporary Telecommunications
Facility on the property, or after approval by the Township, in any
land owned or controlled by the Township in the vicinity of the property.
If the property will not accommodate the Grantee's temporary
Telecommunications Facility, or if the parties cannot agree on a temporary
location, the Grantee, at its sole option, shall have the right to
suspend the applicable permit, until the replacement Pole is installed,
upon 30 days written notice to the Township.
(c)
If the Township Poles need to be repaired due to storm or other
damage ("Repair Work"), the Township shall notify the Grantee to remove
its Telecommunications Facilities as soon as possible. In the event
of an emergency, the Township shall contact the Grantee by telephone
at its emergency contact of record upon or prior to removing the Grantee's
equipment. Once the Township's Poles have been replaced or repaired,
the Township will promptly notify the Grantee that it can reinstall
its equipment. During the Township's Repair Work, the Grantee
may maintain a temporary Telecommunications Facility on the property,
or after approval by the Township, on any land owned or controlled
by the Township in the vicinity of the property. Ass costs associated
with any removal or protection of the Telecommunications Facilities
shall be the sole responsibility of the Grantee, except to the extent
caused by third parties or the Township.
4.
Abandonment. Personal wireless telecommunications facilities which are abandoned by nonuse, disconnection of power service, equipment removal or loss of lease for greater than six months shall be removed by the facility owner. Should the owner fail to remove the facilities after 90 days written notice, the Township may do so at its option, and the costs thereof shall be a charge against the owner and recovered by certification of the same to the Township's Tax Collector for collection as taxes. If an owner wishes to begin utilizing abandoned equipment again, it must submit a new application pursuant to subsection LDO-415.22.
5.
Violation of Ordinance or License Agreement. Should the Township
determine that the Grantee is in violation of this subsection or License
Agreement, it shall provide the Grantee with 30 days' notice
to cure. Should the Grantee fail to cure within 30 days of receipt
of said Notice to Cure or any extended time agreed upon by the parties,
the Township may terminate the License Agreement pursuant to paragraph
I of this subsection. Any termination shall require the Grantee to
remove all Telecommunications Facilities from the subject site within
90 days of written Notice of Termination, and removal of said equipment
at the Grantee's sole cost and expense. Should the Owner/Grantee
fail to remove the facilities, the Township, at its own option, may
remove said facilities ant the cost shall be charged against the Owner/Grantee
and recovered by certification of the same to the Township's
Tax Collector for collection as taxes.
[Ord. No. 00-40, 7-24-2000; amended 10-27-2008 by Ord. No. 08-44; 7-13-2015 by Ord. No. 15-28]
The purpose of this subsection is as follows:
A.
To protect the public health, safety and welfare by restricting signs
which impair the public's ability to receive information, violate
privacy, or which increase the probability of accidents by distracting
attention or obstructing vision.
B.
To encourage signs that promote a desirable visual environment through
creative yet orderly design arrangements.
C.
To encourage signs that aid orientation, identify activities, describe
local history and character or serve other educational purposes.
D.
To encourage the replacement of nonconforming signs by conforming
signs through the strict enforcement of the procedures and requirements
of this Article.
E.
To promote the free flow of traffic and protect pedestrian, bicyclists
and motorists from injury and property damage caused by, or which
may be fully or partially attributable to cluttered, distracting,
or illegible signs.
F.
To promote the use of signs that are aesthetically pleasing and of
appropriate scale to the zoning district.
G.
To promote the use of signs that are compatible with the Township's
character.
[Ord. No. 00-40, 7-24-2000; amended 7-13-2015 by Ord. No. 15-28]
A.
Permit Required.
1.
An application shall be made to the Zoning Officer for the issuance
of a zoning permit by any person wishing to erect, alter, modify,
or expand any sign, except exempt signs as described in this Article.
This shall apply to all site plans that do not acquire approval at
the board level.
2.
A zoning permit and any other permits that may be required for
the erection or modification of a sign may only be issued subsequent
to the issuance of a zoning permit by the Zoning Officer.
3.
If the Zoning Officer determines that the proposed sign does
not conform to the requirements contained herein, the Officer shall
instruct the applicant that Planning Board or Zoning Board of Adjustment
approval of an application for development is required, and the Officer
shall further advise the applicant which Board has jurisdiction.
B.
(Reserved)
C.
Measurement. For the purposes of this section, the size of any sign
shall be computed by determining the total area of any sign board,
sign face or sign background at its largest horizontal and vertical
dimensions, including framing, trim or molding. Where there is no
framing, the sign area shall be deemed to be the area of the smallest
rectangular figure that can encompass all of the figures and their
supporting logos or elements, if any. For double-faced signs, only
one display face shall be measured in computing the total sign area
where the sign faces are parallel, or where the interior angles formed
by the faces are 45° or less. Maximum permitted size does not
include the supporting structure, as long as the supporting structure
is not designed to convey a message. The supporting structure shall
not in itself convey any type of message, except for the property
address and for permitted appurtenances specified in this subsection.
D.
Content. The content or advertising which may be displayed on signs
shall be limited to the identification and location of the premises,
identification of its owners or occupants and information concerning
the activities conducted on the premises or the goods and services
offered in connection therewith, unless specified otherwise herein.
E.
Maintenance. Signs shall be constructed of durable materials, maintained
in good condition and not allowed to become dilapidated. All signs,
together with all supports, braces, anchors and other parts, shall
be kept in continual repair, including cleaning, painting, replacing
of defective parts and otherwise maintaining a presentable condition.
The owner of any painted sign shall be required to repaint the same
when necessary to maintain the sign in good condition and give it
a neat appearance. Lack of proper maintenance shall be considered
abandonment, and the sign shall be repaired, painted, cleaned or otherwise
returned to a presentable condition or removed within 10 days upon
notification by the Zoning Officer or Construction Code Official.
F.
Appurtenances. Notwithstanding the restrictions found elsewhere in
this Article concerning sign face shape and area, sign appurtenances
shall be permitted only when designed as an integral part of the sign,
constructed of similar materials, and graphically compatible in color,
shape, position, and scale with the permitted sign face. Sign appurtenances
cannot increase the proposed sign area by greater than 15%. Sign appurtenances
cannot extend above or to the side of the sign face by a distance
greater than 40% of the sign face height. Sign appurtenances cannot
project outward beyond the face of the proposed sign. Sign appurtenances
for Type B freestanding signs only may identify the name of a retail
or office development in accordance with the foregoing standards.
G.
Setback. The sign setback shall be measured from the property line
to the nearest part of the sign, including any base, frame or decorative
elements. No freestanding sign may be located within 15 feet of adjacent
residential use.
H.
Height. Sign height shall be measured between average grade immediately
below the sign and the highest point of the highest element of the
sign. Wall signs shall not project more than two feet above the top
or beyond the ends of the wall surface upon which they are placed,
nor shall wall signs be placed on a parapet or similar architectural
device such that the sign would project above the elevation of the
roof behind such parapet or other device.
I.
Projection. No wall sign may project more than 12 inches from the
outer face of a wall and shall not extend over any public right-of-way,
unless otherwise provided for in this Article. An awning shall not
be construed in any way to be a wall sign.
J.
Change of Use, Occupancy or Vacancy. Whenever any change of use,
occupancy or vacancy occurs, all existing signs no longer relating
to the current use and occupancy of the premises shall be immediately
removed. In addition, any signs not conforming to any requirement
of this subsection and removed in accordance to this requirement shall
not be replaced unless it conforms to all requirements of this Article.
K.
Nonconforming Signs. Any lawfully nonconforming sign may be altered
as follows:
1.
Minor and nonstructural maintenance and/or repairs to the sign
support structure and/or frame may be completed.
2.
Re-lettering of an existing sign face containing the same specific
message or letters may be completed.
3.
An existing sign face may be replaced, provided there is no
expansion in sign area, and provided the general provisions of this
subsection are satisfied.
[Ord. No. 00-40, 7-24-2000; amended 7-13-2015 by Ord. No. 15-28]
A.
Illumination. Except for signs in historic zone districts regulated
by municipality's regulations, signs may be floodlighted, spotlighted
or internally illuminated from the rear with a diffused light source,
unless such illumination is specifically prohibited elsewhere in this
Chapter. All illumination shall be subject to the following:
1.
All lighting sources shall be completely shielded from the view
of vehicular traffic.
2.
Such illumination shall not project light above the highest
elevation of the front wall of the building for wall-mounted signs
or more than five feet above ground level for freestanding signs.
3.
Where a sign is located on a lot adjacent to a lot used primarily
for residential purposes, such shall not be illuminated in a manner
that permits any light to shine or cause a nuisance to the adjacent
residential use.
4.
No illuminated sign located on a lot adjacent to or across the
street from any residential district and visible from such residential
district shall be illuminated between the hours of 11:00 p.m. and
7:00 a.m., unless the use to which the sign pertains is open for business
during those hours.
5.
No sign shall contain exposed neon, blinking, flashing, flickering,
tracer or sequential lighting. All signs shall remain stationary and
constant in intensity and color at all times.
6.
All wiring for permanent illuminated signs shall be installed
and maintained so that it is not within public view. The running of
wiring or conduit along the exterior wall of a building to access
a sign is specifically prohibited unless in the judgment of the Construction
Official there is no practical way to run the conduit so that it is
not within public view.
7.
No illuminated sign shall be of such a color or located in such
a manner as to be confused with or to diminish or detract in any way
from the effectiveness of any traffic signal or similar official safety
or warning device.
8.
Light Emitting Diode (LED) signs may be permitted when authorized
as a conditional use by the Planning Board in the B-1, C-1, C-4, C-5,
C-6, and C-7 Zoning Districts, in accordance with the following conditions:
(a)
On properties which contain professional office complexes, and
retail shopping plazas.
(b)
One sign shall be permitted and shall not exceed 24 square feet
in area.
(c)
The LED portion of the sign shall be subject to the following
conditions:
(i)
The digital message portion of the sign may not
exceed 75% of the total sign area.
(ii)
The LED portion of a sign shall change messages
at intervals of no less than three changes per minute.
(iii)
The LED portion of the sign shall only be in
operation during the hours of operation of the business, organization
or facility which operates the sign.
(iv)
The LED sign may advertise only the products and
services offered by the business, organization or facility operating
the sign and may not advertise specials or sales offered by any business,
organization or facility.
(v)
Permitted messages may be displayed no more than
20 minutes in any one hour. The balance of the LED messages shall
include community messages supplied by the Township of Neptune and
informational messages about public safety.
(d)
Each business which has a liquor license may have an LED sign
subject to the following restrictions:
(i)
No more than one sign of this type shall be permitted.
(ii)
The digital message portion of the sign shall
not exceed 1/3 of the total sign area or 24 square feet, whichever
is less.
(iii)
The message of such signs shall be limited to
three lines indicating entertainment or special and limited commercial
or professional events.
(e)
In addition to the signs authorized in the zones permitting
filling stations, fuel, oil and gasoline filling stations may display
one digital message sign for the purpose of indicating their gasoline
price only. The additional price sign shall not be attached to the
building, but shall be attached to the approved freestanding station
identification sign located on the site. The size of the price sign
shall not exceed 12 square feet in area.
B.
Landscaping. The base of a freestanding sign shall be liberally landscaped
with a combination of shrubs, ground cover, flowers or other plant
material.
[Ord. No. 00-40, 7-24-2000; amended 10-27-2008 by Ord. No. 08-44; 7-13-2015 by Ord. No. 15-28]
The following signs are permitted and are exempt from zoning
permit requirements:
A.
Real Estate Signs. Non-illuminated real-estate signs for residential
uses, provided they do not exceed 10 square feet in area and four
feet in height. No more than one such sign shall be erected on a property.
Real estate signs for residential uses must pertain to the property
on which it is located, and may not be placed within any sight triangle
or public right-of-way. Such sign shall be removed immediately upon
execution of a contract and/or closing for the lease or sale of the
property.
B.
(Reserved)
C.
(Reserved)
D.
Traffic, Parking, Informational and Street Identification Signs.
Traffic, parking, informational and street identification signs that
conform to the Manual of Uniform Traffic Control Devices (MUTCD) as
approved by any Township agency or any county, state or federal agency
shall be permitted in any district or public right-of-way. Any other
signs required by any provision of law shall be permitted in any district
or public right-of-way.
E.
Political Signs. Any political sign that is protected under the free
speech provisions of the United States and New Jersey Constitutions
shall be permitted in any Zoning District, provided that such is not
located in a public right-of-way.
F.
Window Advertising Signs. Temporary window advertising signs shall
be prohibited in all districts, with the exception of permitted ground
level retail and personal service business uses and eating and drinking
establishments located in the B-1 and HD-B-1 Zone Districts, subject
to the following conditions:
G.
Residential Uses. Signs for residential uses, based on the type of
residential structure pursuant to the following provisions.
1.
Single-family dwellings and shall be permitted one residential
nameplate sign indicating the name and/or address of the occupants.
The maximum size of such sign shall not exceed one square foot in
area and shall not contain advertising of any kind. In addition, one
informational sign indicating the private nature of a driveway, no
trespassing or other such similar private property usage shall be
permitted, provided the maximum size of such sign shall not exceed
one square foot in area.
2.
Apartments, townhouses, and other multifamily residential uses
shall be permitted the following:
(a)
One wall-mounted residential directory nameplate sign indicating
the name and/or address of the occupants, provided it does not exceed
five square feet in area. Such sign must be located at the building's
main entrance and may consist of either changeable lettering or individual
nameplates. If the multifamily residential use cannot be accommodated
by such directory sign, then individual exterior wall-mounted nameplate
signs indicating the name and/or address of each dwelling unit shall
be permitted. Said individual nameplate signs shall not exceed 48
square inches in area and must be located at the main entrance of
the respective dwelling unit. Nameplate signs may not be illuminated
and shall not contain advertising of any kind.
(b)
Two wall signs per building identifying the name or number of
the multifamily structure, provided the maximum size of such sign
shall not exceed two square feet in area per sign. Such sign may be
indirectly illuminated and shall not be backlighted. Or internally
illuminated.
(c)
One non-illuminated wall sign indicating the location of the
management office, provided the maximum size of such sign shall not
exceed one square foot in area.
H.
Sandwich Board signs in all Zoning Districts. Sandwich Board signs
shall be permitted, provided they not exceed 20 inches in width, 36
inches in height and six square feet in area. Such signs shall be
maintained in front of the business of the property, and removed at
the end of business every day.
J.
(Reserved)
K.
(Reserved)
L.
Special Events Signs. No more than three non-illuminated signs placed
at any business during the special event or sale which sign shall
not be erected and maintained for more than 45 days prior to the special
event or more than three days after the special event.
M.
(Reserved)
N.
(Reserved)
O.
Public Access Signs. Defined as those signs which are posted at public
access locations as identified in the Municipal Public Access Plan
to notify the public of accessibility.
[Added 5-13-2019 by Ord.
No. 19-11]
[Ord. No. 00-40, 7-24-2000; amended 10-27-2008 by Ord. No. 08-44; 7-13-2015 by Ord. No. 15-28]
All temporary signs shall require a zoning permit. The following
temporary signs may be installed in all zone districts:
A.
Project Signs. Temporary non-illuminated project signs shall be permitted
for residential and new major non-residential development pursuant
to final approval from the approving authority. No more than one project
sign shall be permitted on any lot identifying builders, contractors,
architects, engineers or others associated with the construction of
any building situated on any such lot. Project signs are to be removed
within two weeks of the completion of a project, or if work on the
project has substantially slowed.
1.
Residential Projects. Such signs shall be set back at least
10 feet from all property lines, and shall not exceed 15 square feet
in area.
2.
New Major Non-Residential Development. Such signs shall be set
back at least 10 feet from all property lines, and shall not exceed
20 square feet in area or 12 feet in height.
B.
Freestanding or wall mounted real-estate signs of up to 20 square
feet for non-residential uses may be erected in non-residential zones
for a period of 90 days. A window sign of up to 12 square feet may
be used for the same purposes. Freestanding signs must be set back
from all property lines at least 10 feet. The Zoning Officer may extend
the ninety-day period by an additional 90 days if it is shown that
this additional time period is necessary to facilitate the sale or
rent of a particular site.
C.
Contractor signs are permitted in all zone districts to a maximum
area of 15 square feet. Such sign shall be setback a minimum of 10
feet from all property line, and may not be illuminated. Contractor
signs may be permitted for the duration of the exterior improvement
activity, and must be removed within two weeks of completion of improvement.
[Ord. No. 00-40, 7-24-2000; amended 10-27-2008 by Ord. No. 08-44; 7-13-2015 by Ord. No. 15-28]
The following signs shall be prohibited in all zone districts
within the Township of Neptune, unless otherwise specified within
this Chapter:
A.
Any sign for advertising purposes that mimics or is substantially
similar to a public purpose sign; signs which use the words "stop,"
"look," "caution," "danger" or any similar wording which may confuse
or mislead the public;
B.
Signs with lights or illuminations which flash, move, rotate, scintillate,
blink, flicker, vary in intensity, vary in color, or use intermittent
electrical pulsation;
C.
Signs within designated sight triangles, and signs which directly
obstruct driver's lines-of-sight;
D.
Non-public banners that stretch across a public right-of-way between
telephone poles, trees or other structure; no advertising flags, banners,
pinwheels, portable signs, or similar advertising devices shall be
permitted;
E.
Any sign erected, constructed or maintained on or above the roof
of a building;
F.
Freestanding signs of any type in historic zone districts;
G.
Reader board signs;
H.
Signs with continuing visible moving, revolving or rotating parts
or visible mechanical movement of any description or other apparent
visible movement;
I.
Signs that advertise or identify a use which has ceased operation;
J.
Any illegal non-conforming sign, as defined herein;
K.
The continuous parking or storage of a motor vehicle or other mobile
unit displaying an advertising message;
L.
Signs containing obscene, pornographic or lewd messages;
M.
Signs that obstruct a fire escape, door, window or other required
access way;
N.
Signs that are not accessory to a principal use on a property;
O.
Painted Signs. No sign may be painted directly on the surface of
any building facade, wall, fence or similar structure;
P.
Signs painted on or attached to any trees, rocks, fence posts, utility
poles or similar structures or objects;
Q.
Commercial Advertising Billboard Signs:
1.
The further erection, construction or enlargement of signs known
as "commercial advertising billboards is prohibited";
2.
Existing commercial advertising billboards may be repaired or
maintained in the same location, but may not be enlarged, relocated
to another lot, or replaced in the event of the total destruction
thereof;
R.
Strings of lights outlining rooflines, doors, windows, or wall edges
of any building except seasonal decorations;
S.
Any sign not expressly permitted by this Chapter is prohibited.
[Ord. No. 00-40, 7-24-2000; amended 11-10-2003 by Ord. No. 03-35; 10-27-2008 by Ord. No. 08-44; 7-13-2015 by Ord. No. 15-28]
The following signs shall be permitted in all non-historic zone
districts per Zoning Schedule C.[1] Standards for permitted signs in historic zone districts are contained in Subsection LDO-416.08.
A.
In commercial, industrial and mixed use zones, one freestanding sign
in accordance with the following standards shall be permitted.
1.
Where a lot has multiple street frontages, then two freestanding
signs subject to the following standards shall be permitted. Where
two freestanding signs are permitted by virtue of multiple street
frontage, each permitted sign shall be allowed to have the maximum
square footage allowed based on the formulas shown below. In addition,
the sign area allowed may be transferred from one sign to another,
provided that no freestanding sign shall exceed 400 square feet in
area.
2.
(Reserved)
3.
For double-faced signs, each sign face can have the maximum
square footage allowed.
4.
Landscaping. All freestanding signs shall be placed within landscaped
areas.
5.
Permitted Areas.
|
Floor Area of Building
|
Single Use Development
|
Multiple Use Development
|
|---|---|---|
|
0 square feet to 1,500 square feet
|
35 square feet
|
60 square feet
|
|
1,501 square feet to 5,000 square feet
|
35 square feet plus 1 square feet per each additional 50 square
feet of floor area over 1,501.
|
60 square feet plus 1 square feet per each additional 40 square
feet of floor area over 1,501.
|
|
5,001 square feet to 50,000 square feet
|
100 square feet plus 1 square feet per each additional 500 square
feet of floor area over 5,001.
|
50 square feet of 150 square feet plus 1 square feet per each
300 square feet of floor area over 5,001.
|
|
Over 50,001 square feet
|
190 square feet plus 1 square feet per each additional 1,000
square feet of floor area over 50,001 up to a maximum size of 300
square feet
|
300 square feet plus 1 square feet per each additional 1,000
square feet of floor area over 50,001 up to a maximum size of 400
square feet
|
|
*
|
In computing allowable sign size, only the footprint of the
structure can be used. The floor area of gas station and drive-thru
canopies cannot be applied toward the freestanding sign allowance.
|
The allowable sign size is related to building size.
Step 1: Determine the square footage of the building:
Building size (in square feet): _____________________ (This
will be inserted in the formula below)
Step 2: Complete the appropriate allowable signage
formula:
 |
 |
The "allowed sign size" may be placed on each side of
the freestanding sign.
6.
Setback. Freestanding signs shall be setback from the property
line 3/4 of the height of the sign.
7.
Height.
|
Sign Area
|
Permitted Height
|
|---|---|
|
150 square feet or less
|
15 feet
|
|
151 square feet to 190 square feet
|
20 feet
|
|
191 square feet to 400 square feet
|
40 feet
|
B.
Wall-mounted signs. Wall-mounted signs may be constructed as follows
(see also Appendix D):[2]
1.
Single tenant structures.
(a)
Size: 48 square feet, or 1.5 square feet for each linear foot
of wall face that the sign is mounted on, whichever is less.
(b)
Mounting Height: eight feet maximum (including hardware) and
not to extend more than two feet above the roofline.
(c)
Quantity: one maximum.
(d)
Maximum permitted horizontal sign dimension: 75% of the wall
face.
(e)
Projection: one foot maximum.
2.
Multi-tenant retail structures.
(a)
Size: 48 square feet, or 1.5 square feet for each lineal foot
of wall face that the sign is mounted on, whichever is less.
(b)
Mounting Height: eight feet maximum (including hardware) and
not to extend more than two feet above the roofline.
(c)
Quantity: one per tenant.
(d)
Maximum permitted horizontal sign dimension: 75% of the wall
face.
(e)
Projection: one foot maximum.
3.
Secondary wall-mounted signs.
(a)
Business uses that have a side or rear building facade fronting
on a parking lot or face a secondary street frontage may have a secondary
wall-mounted sign not to exceed 50% of the area of the primary building
sign. This provision shall not apply in situations where a parking
lot is located between a building and a public street.
(b)
Service station canopies may have a secondary wall-mounted sign
not to exceed 50% of the area of the primary building sign. In no
instance may a service station canopy sign face a residential use
or have changeable lettering.
4.
Wall-mounted signs on larger buildings in Planned Development
Districts. Buildings and uses in the Planned Development Districts
(LI, PUD and C-1) in excess of 75,000 square feet in floor area may
provide two wall signs per building with a maximum area of up to 5%
of the wall area, not to exceed 240 square feet.
[2]
Editor's Note: Said schedule is included as an attachment
to this Chapter.
C.
Awning Signs. Awning signs may be constructed as follows (see also
Appendix D):[3]
1.
Quantity: maximum 2 per awning.
2.
Sign face vertical dimension: max. 18 inches.
3.
Letter/number/character/image height: 10 inches maximum.
4.
Letter/number/character/image width: one foot maximum.
5.
Colors: two maximum, including sign lettering.
6.
Awning signs shall only be permitted on first-story awnings.
7.
The minimum height from ground level to lowermost portion of
awning shall be eight feet.
8.
The maximum horizontal projection dimension of an awning from
the building wall, including any appurtenances, shall not exceed five
feet. Such awning may project over a public sidewalk only and shall
not extend over any other portion of any other public right-of-way.
No canopy may project over a public right-of-way, unless approved
by the Township Committee.
9.
The maximum vertical dimension of an awning shall not exceed
the horizontal projection dimension.
10.
The sign shall only be located on a portion of the awning that
is both parallel to the vertical orientation of the building wall
to which it is attached and is parallel to the building line of the
building wall to which it is attached. This portion is more commonly
known as the "valance."
11.
The horizontal dimension of the sign shall not exceed 15 feet,
or 60% of the length of the awning occupied by the use, whichever
is less.
[3]
Editor's Note: Said schedule is included as an attachment
to this Chapter.
E.
Directional Signs.
1.
Size: maximum three square feet.
2.
Height: maximum three feet.
3.
Setback: minimum zero feet.
4.
No directional sign may be located within a sight triangle.
5.
A directional sign must contain a clear message which directs
the flow of traffic, and should be designed to blend harmoniously
with other on-site signage.
6.
No directional sign shall extend into or over any public right-of-way.
F.
Permanent Window Signs. A business establishments located below the
third story of a building shall be permitted to display permanent
window sign(s), subject to the following regulations:
1.
Sign Content. The sign(s) shall be limited to the resident business
name, resident business logo, resident business type, street address,
and/or telephone/fax number. No permanent window sign shall depict
brand names and/or logos of products, commodities, services, etc.
other than those owned by the local resident business establishment
itself.
3.
Sign Area. Maximum area of any and all permanent window signs
shall not exceed 35% of the total window area within which it is displayed,
not to exceed 18 square feet.
4.
Quantity. One sign per business per window shall be permitted,
up to a maximum of two signs per business on any wall, not to exceed
four signs per business on any building.
5.
Location. No permanent window sign shall be permitted in a window
above the second story of a building.
6.
Visibility. No permanent window sign shall be displayed in a
window unless it is visible from a public street or an approved parking
area.
7.
Illumination. The sign(s) may be internally illuminated or externally
illuminated from the interior of the building. Framing of a window
with neon lights and/or tubing shall not be permitted as a method
of illumination for window signs.
G.
Window Stencil Signs. For all non-residential properties where one
or more businesses or uses occupy a single building, side and rear
entrances may contain a sign indicating the occupant of that space.
Such signs shall be stenciled or professionally lettered. Each letter
shall be three inches to five inches in height. No information other
than the name of the occupant may be included in the sign. Upon the
change of the occupant, the sign must be removed or relettered with
the name of the new occupant.
[1]
Editor's Note: Said schedule is included as an attachment
to this Chapter.
[Ord. No. 00-40, 7-24-2000; amended 11-10-2003 by Ord. No. 03-35; 7-13-2015 by Ord. No. 15-28]
A.
Applicability. This subsection applies to all signs in any historic
zone district.
C.
Materials. Signs shall be constructed of wood, metal or other solid
or rigid material.
D.
Permitted Signs. The following types and sizes of signs shall be
permitted:
1.
Professional nameplates not exceeding one square foot in area.
2.
Bulletin boards not exceeding 20 square feet in area for religious
or other semi-public and public institutions when they are located
on the same premises as the buildings.
3.
Signs for ground floor business establishments, other than historic
hotels, shall be permitted in accordance with the following regulations:
(a)
Wall Mounted Signs. One wall-mounted sign having a maximum area
not to exceed 15 square feet and one wall-mounted sign having a maximum
area not to exceed six square feet. Where the business is located
at a corner lot, four signs are permitted; two on each road frontage
meeting the above specified area requirements. The maximum height
of such signs shall be 15 feet or the sill level of the second story,
whichever is less. The signs shall be applied flat against the wall
and shall conform to all other applicable requirements contained herein.
(b)
Projecting Signs. One projecting sign may extend from the primary
building face to a maximum horizontal dimension of 42 inches. Such
sign is to be perpendicular to a building face, and shall be situated
to be visible to those traversing sidewalk areas. The maximum area
for such a sign shall be five square feet. The bottom of the sign
must be a minimum eight feet from ground level.
(c)
Awnings Signs. A maximum of two awning signs shall be permitted.
Such signs may only state the name of the establishment associated
with the awning. Maximum image height shall be 10 inches, and maximum
image width shall be one foot. Awning signs shall only be permitted
on first-story awnings. The sign shall only be located on a portion
of the awning that is both parallel to the vertical orientation of
the building wall to which it is attached and is parallel to the building
line of the building wall to which it is attached. This portion is
more commonly known as the "valance." The horizontal dimension of
the sign shall not exceed 15 feet, or 60% of the length of the awning
occupied by the use, whichever is less. The minimum height from ground
level to lowermost portion of awning shall be eight feet. The maximum
horizontal projection dimension of an awning from the building wall,
including any appurtenances, shall not exceed five feet. Such awning
may project over a public sidewalk only and shall not extend over
any other portion of any other public right-of-way. No canopy may
project over a public right-of-way, unless approved by the Township
Committee. The maximum vertical dimension of an awning shall not exceed
the horizontal projection dimension.
(d)
Permanent Window Signs. Permanent window signs shall be permitted
subject to the following regulations:
(i)
Sign Content. The sign(s) shall be limited to the
resident business name, resident business logo, resident business
type, street address, and/or telephone/fax number. No permanent window
sign shall depict brand names and/or logos of products, commodities,
services, etc., other than those owned by the local resident business
establishment itself.
(ii)
Sign Materials and Placement. A permanent window
sign shall be professionally painted on the interior side of a window;
and/or a fixture constructed by a professional sign manufacturer hung
on the interior side of a window.
(iii)
Sign Area. Maximum area of any and all permanent
window signs shall not exceed 30% of the total window area within
which it is displayed, not to exceed 12 square feet.
(iv)
Quantity. One sign per business per window shall
be permitted, up to a maximum of two signs per business displayed
on any building.
(v)
Location. No permanent window sign shall be permitted
in a window above the first story of a building.
(vi)
Visibility. No permanent window sign shall be
displayed in a window unless it is visible from a public street or
an approved parking area.
(vii)
Illumination. The sign(s) may be internally illuminated
or externally illuminated from the interior of the building. Neon
light window framing shall not be permitted as a method of illumination
for window signs.
4.
Signs for historic hotels, rooming houses and other transient
residential establishments shall be permitted based on the number
of guest rooms, as follows:
(a)
Under 20 Rooms. One sign with a maximum area of 10 square feet
and one sign with a maximum area of four square feet. Wall mounted
signs. One wall-mounted sign having a maximum area not to exceed 15
square feet and one wall-mounted sign having a maximum area not to
exceed six square feet.
(b)
Each permitted accessory use is permitted one wall mounted sign
not to exceed 15 square feet in area on each street frontage.
(c)
Awning signs as described in Subsection LDO-416.08D(3)(c).
(d)
Signs shall not be located in the historic flared open space
area.
5.
Memorial signs or tablets not to exceed two square feet in area
are permitted, when constructed of bronze or other incombustible material
or when cut into the masonry surface of the building to commemorate
the name of the building and/or the date of construction.
6.
Temporary signs not exceeding 15 square feet in area denoting
the architect, engineer or contractor when placed on the work under
construction shall be permitted for three months and renewable for
five month periods.
7.
A single real estate sign, not to exceed six square feet in
area and 48 inches in height, on the property which advertises the
sale, rental or lease of the premises on which the sign is located
or a name sign for a residential building shall be permitted, when
attached to the lowest floor of the building, parallel to the street.
8.
Traffic or other municipal signs, legal notices, notice of dangerous
conditions and other temporary emergency or non-advertising signs
of public interest shall be permitted by approval of the Neptune Chief
of Police in cases of emergency or the Township Committee in all other
cases.
E.
Signage for Ocean Grove Camp Meeting Association (OGCMA) shall be
permitted, as follows:
1.
Internally illuminated religious symbols 16 feet in height placed
at an elevation not to exceed 75 feet high.
2.
Wall-mounted identification signs not to exceed 16 square feet
in area with a maximum height of 15 feet.
3.
Wall-mounted informational signs not to exceed 16 feet in area
with a maximum height of 15 feet.
4.
Public safety and informational signs.
5.
Bronze memorial signs.
[Ord. No. 00-40, 7-24-2000; amended 7-13-2015 by Ord. No. 15-28]
The Zoning Officer shall be responsible for the administration
and enforcement of all regulations contained within this Article.
The Zoning Officer may initiate enforcement procedures if any of the
regulations contained herein are in violation. The Zoning Officer
may call upon the Chief of Police and any duly authorized agents to
assist in the enforcement of this title. If in the opinion of the
Zoning Officer a particular sign presents an immediate danger to the
public health, safety and welfare, appropriate action may be initiated
to cause said sign to be immediately removed.
[Ord. No. 00-40, 7-24-2000]
[1]
Editor's Note: Said schedule is included as an attachment
to this Chapter.
[Ord. No. 00-40, 7-24-2000]
A.
Height exemptions. The maximum height requirements for each zone
district shall apply to all structures in all zone districts, except
as follows:
1.
Chimneys, flues, ventilators, skylights, towers, water tanks, cooling
towers, church spires, cupolas, belfries, clock towers, flagpoles
and all other decorative features and necessary mechanical appurtenances
and similar features usually carried above the roof level shall be
exempt from the height provisions of this Chapter, provided:
(a)
The aggregate area covered by all such features shall not exceed
20% of the area of the roof of the building of which they are a part.
(b)
The height of each such feature shall not exceed 15 feet above
the level of such roof, except for church spires which may exceed
the required height by 35 feet.
(c)
All such features shall be constructed, or enclosed within walls,
of a material and design in harmony with that of the main walls of
the building of which they are a part.
2.
Where the height of a building conforms to the requirements of this
Chapter on that side or sides thereof which face(s) the street, but
where, due to the topography of the lot, the said height is in excess
of said requirements along one or more sides of such building other
than the side or sides which face(s) the street, the Zoning Officer
may issue a zoning permit, provided that at no point along the periphery
of the building does the height thereof exceed by 10 feet, and/or
by one story, the maximum height prescribed by this Chapter for the
zone district in which such building is located.
3.
Parapet walls not extending more than four feet above the maximum
height limitation shall be exempt from height requirements set forth
in this Chapter.
B.
Permitted projections. The following shall not be considered to be
obstructions and shall be permitted when located in a required yard
and/or setback area:
[Amended 3-12-2007 by Ord. No. 07-11; 11-8-2007 by Ord. No. 07-54]
1.
Fire escapes, provided they do not project more than four feet into
a required yard and they are no closer than two feet to a property
line. Fire escapes are not permitted in a front yard. Existing fire
escapes may be replaced in their existing location and to their exact
size.
2.
Weather protecting and energy efficiency enhancing front door enclosures
that project no more than five feet into a required front setback
area, and are no larger than 40 square feet in total area, provided
the principal structure complies with the required front yard setback.
3.
Cornices, eaves, cantilevered roofs, gutters, bay windows, and chimneys,
provided they do not project more than 24 inches from an exterior
building wall into any required yard setback, and provided they remain
at least two feet from all yard lines.
[Ord. No. 00-40, 7-24-2000]
A.
Purpose. It is the purpose of this section to promote the public
health, safety and general welfare, and to minimize public and private
losses due to flood conditions in specific areas by provisions designed
to do the following:
1.
Protect human life and health;
2.
Minimize expenditure of public money for costly flood control projects;
3.
Minimize the need for rescue and relief efforts associated with flooding
and generally undertaken at the expense of the general public;
4.
Minimize prolonged business interruptions;
5.
Minimize damage to public facilities and utilities, such as water
and gas mains, electric, telephone and sewer lines, streets and bridges
located in areas of special flood hazard;
6.
Help maintain a stable tax base by providing for the reuse and development
of areas of special flood hazard so as to minimize future flood blight
areas;
7.
Ensure that potential buyers are notified if a property is in an
area of special flood hazard; and
8.
Ensure that those who occupy the areas of special flood hazard assume
responsibility for their actions.
B.
Methods and provisions. In order to accomplish its purposes, this
section includes methods and provisions for the following:
1.
Restricting or prohibiting uses, buildings or structures which are
dangerous to health, safety and property due to water or erosion hazards,
or which result in damaging increases in erosion or in flood heights
or velocities;
2.
Requiring that uses, buildings or structures vulnerable to floods,
including facilities which serve such uses, be protected against flood
damage at the time of initial construction;
3.
Controlling the alteration of natural flood plains, stream channels
and natural protective barriers, which help accommodate or channel
floodwaters;
4.
Controlling filling, grading, dredging and other development which
may increase flood damage; and
5.
Preventing or regulating the construction of flood barriers which
will unnaturally divert floodwaters or which may increase flood hazards
in other areas.
C.
Applicability. This section shall apply to all areas of special flood
hazards are located within the Township of Neptune. Flood Insurance
Rate Maps and Flood Boundary- Floodway Maps prepared by the Federal
Emergency Management Agency as part of the National Flood Insurance
Program dated March 1, 1984, identifying areas of special flood hazard
are hereby adopted by reference and declared to be a part of this
section.
D.
Interpretation. This section is not intended to repeal, abrogate
or impair any existing easements, covenants or deed restrictions.
However, where this section and any other ordinance, easement, covenant,
or deed restriction conflict or overlap, whichever imposes the more
stringent restrictions shall prevail.
E.
Liability. The degree of flood protection required by this section
is considered reasonable for regulatory purposes and is based on scientific
and engineering considerations. Larger floods can and will occur on
rare occasions. Flood heights may be increased by man-made or natural
causes. This section does not imply that properties outside the area
of special flood hazards or uses permitted within such areas will
be free from flooding or flood damages. Additionally, this section
shall not create liability on the part of the Township, any officer
or employee thereof, or the Federal Insurance Administration, for
any flood damages that result from reliance on this section or any
administrative decision lawfully made thereunder.
F.
Permit Required. A zoning permit, grading permit, a construction
permit and a HPC permit, if applicable, must be obtained before construction
or development begins within any Area of Special Flood Hazard established
by the Federal Emergency Management Agency (FEMA). In addition to
the normal information required for a zoning permit application, the
following specific information is required to be reviewed by the Township
Engineer prior to the issuance of an approved zoning permit:
[Amended 4-8-2013 by Ord.
No. 13-11]
1.
New construction and the substantial improvement of any principal dwelling or commercial building, including attached garages, in an Area of Special Flood Hazard (ASFH) shall follow the Advisory Base Flood Elevation (ABFE) Standard for the type of construction set forth more fully in Chapter 19 entitled "Flood Damage Prevention."
2.
In the areas the base flood elevation has not been determined, the
applicant must determine the base flood elevation in accordance with
the current NJ DEP Flood Hazard Area regulations and obtain the Township
Engineer's Approval;
3.
Certification by a registered professional engineer or architect
that the floodproofing methods for any non-residential structure meet
the floodproofing criteria in Paragraph J(2) below;
4.
Description of the extent to which any water course will be altered
or relocated as a result of the proposed development;
5.
Elevation in relation to mean sea level of any ground areas to be
disturbed, filled, graded or re-graded;
6.
Certification that all necessary permits have been obtained from
those Federal, State or County Government agency from which prior
approval is required; and
7.
All base flood elevation and floodway data used to determine whether
the proposed development is located in the floodway shall assure that
the encroachment provisions of Paragraph K below are complied with.
When base flood elevation and floodway data has not been provided
in accordance with Paragraph C above, the Township Engineer shall
obtain, review and reasonably utilize any base flood elevation and
flood water data available from a Federal, State or other source,
in order to administer Paragraph J below.
8.
The height limitations required in each zone district shall not apply
to Churches.
G.
Township requirement. The Township shall perform the following when
a watercourse may be altered:
1.
Notify the New Jersey Department of Environmental Protection prior
to any watercourse alteration or relocation activity watercourse and
submit evidence of such notification to the Federal Insurance Administration;
and
2.
Require that maintenance is provided within the altered or relocated
portion of said watercourse so that the flood carrying capacity is
not diminished.
H.
Areas of Special Flood Hazard. In all areas of Special Flood Hazard, compliance with the requirements of the Uniform Construction Code (N.J.A.C. 5:23) and the standards set forth under Chapter 19, Section 19-5 of the General Ordinances of the Township of Neptune, entitled "Flood Damage Prevention," shall be followed.
[Amended 4-8-2013 by Ord.
No. 13-11]
I.
Applications for development. All applications for development shall
be consistent with the need to minimize flood damage. Development
plans shall comply with the following provisions:
1.
Public utilities and facilities such as sewer, gas, electrical and
water systems shall be located and constructed to minimize flood damage.
2.
Adequate drainage shall be provided to reduce exposure to flood damage.
3.
Base flood elevation data shall be provided for applications for
development which contain at least 50 lots or five acres, whichever
is less.
J.
New Construction. In all areas of Special Flood Hazard where base flood elevation data have been provided as set forth in Paragraph F, the standards set forth more fully under Chapter 19, Subsections 19-5.1, 19-5.2, 19-5.3 and 19-5.4 of the General Ordinances of the Township of Neptune, entitled "Flood Damage Prevention," shall be followed.
[Amended 4-8-2013 by Ord.
No. 13-11]
K.
Floodways. Located within areas of special flood hazards established
in Paragraph C above, are areas designated as floodways. The following
provisions shall apply to all floodways:
1.
Encroachments on floodways, including fill, new construction, substantial
improvements and other developments shall be prohibited, unless a
technical evaluation by the Township Engineer demonstrates that encroachment
shall not result in any increase in flood levels during the occurrence
of the base flood discharge.
2.
If the Township Engineer determines that encroachment will not result
in any increase in flood levels, all new construction and substantial
improvements shall comply with all applicable flood hazard reduction
provisions of Paragraph H above; and in all areas of special flood
hazards in which base flood elevation data has been provided and no
floodway has been designated, the cumulative effect of any proposed
development, when combined with all other existing and anticipated
development, shall not increase the water surface elevation of the
base flood more than 0.2 of a foot at any point.
L.
Architectural Design. In all cases where elevation of a constructed
or reconstructed improvement is either necessary or desirable, facade
treatment shall be necessary to at least 2 1/2 feet from the
finished grade of the building with regard to all sides of the building.
Architectural treatment shall be consistent with the balance of the
structure. The following treatment alternatives are not permitted:
parging; concrete block; stucco (unless the entire structure is comprised
of stucco); and lattice. Structures constructed on piles are subject
to the requirements herein.
[Added 4-8-2013 by Ord.
No. 13-11; amended 11-9-2015 by Ord. No. 15-49]
M.
Historic District. Construction and reconstruction of buildings in the Historic District shall be subject to the same standards of Section LDO-419 of this Chapter and Chapter 19, entitled "Flood Damage Prevention," of this Code, except for key structures, as set forth in this Chapter or other designated ordinances. Applicability to the aforesaid ordinance or historic exclusion based on the key structure nature of the building shall be determined after review by the Municipal Construction Official/Floodplain Administrator. Should the Municipal Construction Official/Floodplain Administrator determine that the building is subject to Section 419 of this Chapter and Chapter 19 of the General Ordinances, entitled "Flood Damage Prevention," and that Substantial Improvements are needed, the Municipal Construction Official/Floodplain Administrator shall issue a Notice of Determination with regard to the need for Substantial Improvements. The determination of the Municipal Construction Official/Floodplain Administrator shall be appealable to the Historic Preservation Commissions (HPC). An aggrieved party can appeal the determination of the Municipal Construction Official/Floodplain Administrator to the HPC within 45 days of the determination. Any decision of the HPC may be appealed to the Zoning Board of Adjustment in the manner set forth in Section LDO-706 (Appeals and Application to ZBOA) of this Chapter.
[Added 4-8-2013 by Ord.
No. 13-11]
N.
Building Coverage, Special Flood Hazard Area. In all Special Flood
Hazard Areas within the Township, and only in those cases where residential
dwellings will be elevated or demolished and elevated as part of reconstruction,
the maximum percentage of building coverage may be increased by 10%
above the existing building coverage requirement for the zoning district
in which the property lies. This standard shall apply to both conforming
and nonconforming lots.
[Added 4-8-2013 by Ord.
No. 13-11]
[Ord. No. 00-40, 7-24-2000]
A.
Findings. The Township Committee of the Township of Neptune hereby
finds that the uncontrolled and unregulated removal of topsoil and
subsoil from various areas of the Township to other areas both within
and without the Township has resulted in and will continue to result
in serious erosion and acid promoting conditions detrimental to the
public safety, health and general welfare.
B.
Purpose. The purpose of this Chapter is to control and regulate soil
removal in the Township of Neptune by requiring adequate provisions
for the retention of topsoil and subsoil whenever necessary to prevent
erosion and sedimentation, exposed acid concentration and such other
harmful and objectionable conditions as are detrimental to the safety,
health and general welfare of the citizens of the Township of Neptune.
C.
Permit required to remove soil. No person shall disturb or remove
soil in the Township without having first obtained a permit from the
Construction Official. Soil placement or disturbance of less than
5,000 square feet associated with a permitted residential use shall
be exempt from this requirement.
D.
Review and approval of application for permit. No permit shall be
issued hereunder until the application required to be filed hereunder
shall have been reviewed and approved by the Township Engineer. The
Township Engineer shall, upon receipt of an application, review and
verify the data contained therein and inspect the site to determine
the type and quantity of soil which may be removed consistent with
this subsection.
If the Township Engineer, upon inspection of the site and review
and verification of the data submitted by the applicant, determines
that the type and amount of soil proposed to be removed may be removed
consistent with this section and the requirements of Chapter 251,
P.L. 1975, Soil Erosion and Sediment Control, he shall direct the
Construction Official to issue the permit for the type and amount
of soil requested and upon such terms as the Township Engineer shall
require under this Chapter. If the Township Engineer, upon inspection
of the site and review and verification of the data submitted by the
applicant, determines that the type and amount of soil proposed to
be removed cannot be removed consistent with this section and the
requirements of Chapter 251, P.L. 1975, Soil Erosion and Sediment
Control, he shall direct the Construction Official to deny the permit.
The Township Engineer may require the applicant to provide such additional
data as the Township Engineer may determine to be necessary in order
to properly review the application. In the event that he directs the
Construction Official to deny the permit, the Township Engineer may
specify for the benefit of the applicant the type and quantity of
the soil which could be removed, if any, consistent with the requirements
of Chapter 251, P.L. 1975, Soil Erosion and Sediment Control. The
Construction Official shall issue or deny the permit as the Township
Engineer shall direct. The Township Engineer shall either approve
or reject the application for a permit hereunder and the Construction
Official shall either issue or deny the permit within 60 days of the
filing of the application therefor.
E.
Data required. The applicant shall submit to the Construction Official
for review by the Township Engineer, a written application for a permit
on a form to be supplied by the Construction Official. The application
shall specify:
1.
Site location indicating both street address and Lot and Block number
according to the official Tax Map of the Township.
2.
Name and address of the owner of the site and the names and addresses
of all persons owning property located within 200 feet of the site.
3.
The type and quantity of soil proposed to be removed, including but
not limited to:
(a)
Existing pH of both topsoil and subsoil.
(b)
Mixture of soil including percentage of organic compounds, sand,
clay, gravel, etc.
(c)
Other soil characteristics described in terms which shall conform
as nearly as practical to the terms employed by the Standards for
Soil Erosion and Sediment Control as adopted by the State Soil Conservation
Committee.
4.
A description of the proposed improvements to the property which
necessitate the removal of the soil.
5.
A designation of the zone in which the site is located according
to the provisions of this Chapter.
6.
Location to which soil is to be removed.
7.
Measures proposed by the applicant for the control of acid formation
or exposure and the maintenance or improvement of existing soil pH
levels.
8.
Such other data as the Township Engineer may require in order to
properly review the application.
F.
Soil Mixture and pH maintenance standards.
1.
Limitation on soil removal. Except as hereinafter provided, the removal
of soil permitted by this Chapter is here expressly limited to that
volume of soil equal to the subsurface volume of any natural vegetation
or man-made structure which has been placed on the site as an improvement
thereto, diminished by that volume of soil which may be required under
the provisions of Chapter 251, P.L. 1975, Soil Erosion and Sediment
Control, to be retained on the site for the purposes of, soil erosion
and sediment control. The excavating or stripping of land or engaging
in any other land disturbance activity involving removing soil from
a site solely for the purposes of resale is hereby expressly prohibited.
The limitations provided here shall not be construed to in any way
prohibit the removal of soil from the site in order to correct any
existing or readily anticipated erosion conditions in accordance with
Chapter 251, P.L. 1975, Soil Erosion and Sediment Control.
2.
General control standards. During the removal of soil as permitted
under this Chapter:
(a)
Stripping of vegetation, grading or any other disturbance shall
be done in a manner which will minimize soil erosion.
(b)
Whenever feasible, natural vegetation shall be retained and
protected.
(c)
The extent of the disturbed area and the duration of its exposure
shall be kept within practical limits.
(d)
All construction or land disturbances shall be conducted in
a manner consistent with the requirements of Chapter 251, P.L. 1975,
Soil Erosion and Sediment Control.
(e)
Whenever the soil removed consists of both topsoil and subsoil
of a lesser quality, the topsoil shall be retained for the purposes
of grading. No topsoil shall be removed from the site unless prior
thereto all subsoil and soil of a lesser quality shall have been removed
from the site. For the purposes of this section, "topsoil" shall mean
the arable soil, shall contain no stone, shall be loamy, free of debris,
and shall contain no toxic substance that may be harmful to plant
growth. Topsoil shall have a minimum organic content of not less than
2.75% by weight, a pH range of not less than 5.0 nor more than 7.5,
and a soluble salt content not exceeding 500 ppm. For the purpose
of this section, "subsoil" shall mean all soils of lesser quality
than topsoil.
(f)
Excavated soil shall not be placed adjacent to streams, other
bodies of water or man-made or natural water flow channels in a manner
that will cause it to be washed away by high water or runoff.
(g)
Prior to the installation of any natural vegetation or man-made
structure or the backfilling or grading required under the provisions
of either this Chapter or Chapter 251, P.L. 1975, Soil Erosion and
Sediment Control, any exposed soil having a pH value of less than
four shall be covered with a minimum of 12 inches of soil material
no coarser than a sandy loam which can be corrected to a minimum pH
of 6.5. Any soil which shall remain exposed during the disturbance
activity and for a period in excess of three working days shall be
maintained at a minimum pH of 6.5.
(h)
Whenever the removal of soil requires the removal of any trees,
tree stumps, or other vegetation, the trees, tree stumps or vegetation
so removed shall be removed from the site and shall not be buried
or used as fill on the site.
G.
Inspection and enforcement. The requirements of this Chapter shall be enforced by the Construction Official who shall also inspect the approved removal activity. If the Construction Official finds existing conditions not as stated in the approved application, he shall refuse to approve further work and may seek other penalties as provided in Article XI.
H.
Fees.
1.
No permits required hereunder shall be issued by the Construction Official unless the applicant shall have paid to the Township Clerk the fees required by Article X. The Township Clerk shall collect the following fees in order to defray the cost of administering this Chapter and carrying out any inspection required hereunder:
[Added 11-10-2003 by Ord.
No. 03-35[1]]
A.
The purpose of this section is 1) to minimize potential detrimental
impacts that are associated with the disturbance of established vegetation
on existing steep slopes; 2) to avoid creating new steep slopes where
the potential for detrimental impacts are increased; and 3) to minimize
potential detrimental impacts by regulating the scale, mass and location
of retaining walls. Detrimental impacts means any adverse impact to
public safety and the general welfare; private or public property;
or any historic, cultural, scenic or other environmental resource
caused by the destabilization of a slope area or retaining wall as
a result of erosion slumping, runoff or other consequence.
B.
For the purposes of this section, "construction" shall mean any disturbance
or improvement to land, including but not limited to buildings, structures,
streets, driveways, parking areas, swimming pools, excavations, fill,
grading, tree removal, stripping of vegetation and clearing, except
that selective thinning of vegetation and site work approved by the
approving authority for sidewalks and similar pedestrian ways, subsurface
utility installations and drainage facilities shall not be considered
construction.
C.
Steep slopes shall not be disturbed and retaining walls shall not
be installed except where the applicant demonstrates that each disturbance
and/or retaining wall is essential to the reasonable use of the property
and that no adverse impact to adjoining properties will result from
the proposed construction.
1.
In the case of development applications before the Planning Board
or the Zoning Board of Adjustment, the applicant shall submit a separate
sheet as part of the overall development plan, identifying the extent
of the steep slope disturbance and the use of retaining wall(s) and
noting the justification(s) for the disturbance.
D.
Within any development, construction on steep slopes, as defined
herein, shall be in accordance with the following provisions.
1.
Construction on steep slopes of 15% or greater, but less than 25%,
shall be permitted in accordance with the following regulations:
2.
No construction shall be permitted in critical slope areas (slopes
of 25% or greater) unless all of the following criteria are met:
(a)
The total soil disturbance in the critical slope area of the
lot is no greater than one cubic yard;
(b)
The total area of removal or disturbance of vegetation in the
critical slope area of the lot is no greater than 25 square feet;
(c)
The increase in impervious ground cover in the critical slope
area of the lot is no greater than 25 square feet;
(d)
The construction does not include the removal of any tree having
a diameter at point of measurement greater than 18 inches; and
(e)
The applicant must demonstrate that the proposed slope disturbance
is essential to a reasonable use of property.
E.
Where construction will disturb steep sloped areas and areas abutting
steep slopes, the plan shall provide the following design features,
as applicable to the situation:
1.
Any grading or disturbance in an area of steep slopes or in an area
abutting a steep slope shall stabilize the soil as required to avoid
detrimental impacts.
2.
An area abutting a steep slope may be disturbed or completely removed,
provided:
3.
The area along the top of a steep slope may be filled and a retaining
wall(s) constructed, provided the retaining wall(s) and all other
construction activities conform to regulations set forth herein.
F.
Landscape retaining wall setback requirement. Landscape retaining
walls shall not be located closer to a property line than 1/2 the
height of the wall.
G.
Maximum height of structural retaining walls.
1.
The maximum height of any structural retaining wall, section of structural
retaining wall, or tier of a structural retaining wall shall be no
greater than eight feet, unless in a front yard setback area, in which
case the maximum height shall be no greater than four feet.
2.
Multiple, staggered or tiered walls shall be considered single walls
unless the minimum horizontal distance between the top of any single
section or tier and the base (toe) of the next higher section or tier
is not less than 1 1/2 times the height of the lower section
or tier. If there are more than three single sections or tiers, the
minimum distance between the top of any single section or tier and
the base (toe) of the next higher section or tier shall be not less
than two times the height of the lower section or tier.
3.
A structural retaining wall shall not extend in height for more than
one foot above the natural or approved finished grade at its top,
unless proper surface drainage requires a greater height.
4.
Any combination of a structural retaining wall(s) and a safety fence
shall not exceed 12 feet.
H.
Location of structural retaining walls.
1.
A structural retaining wall (top or bottom) shall be located no closer
to a property line than the height of the wall or wall segment closest
to the property line, and the applicant's engineer shall certify that
a failure of the structural retaining wall will not have an adverse
impact on any adjoining property or public right-of-way.
2.
Structural retaining walls shall not be located in any public rights-of-way
or utility easements.
I.
Safety requirements of structural retaining walls. The top of any
structural retaining wall, or tiered wall, with a height of greater
than four feet, shall be protected through the use of fencing with
a minimum height of three feet or, in the alternative, provided safety
concerns are adequately addressed, densely planted vegetation at 50%
of the full growth screening.
J.
Design. A licensed structural or civil engineer shall design all
structural retaining walls, with signed and sealed plans submitted
for review and approval by the Construction Official, Borough Engineer,
Planning Board Engineer or Zoning Board of Adjustment Engineer, whatever
the case may be.
K.
Inspection. A licensed structural or civil engineer, at the cost
of the applicant, shall inspect the construction of all structural
retaining walls, and a signed and sealed certification that the wall
has been properly constructed shall be submitted to the Construction
Official upon completion of the wall.
[1]
Editor's Note: This ordinance also redesignated former Section
LDO-421 as Section LDO-422.
[Ord. No. 00-40, 7-24-2000]
The following provisions shall apply to valid non-conforming
uses, structures and lots at the time of adoption of this Chapter:
A.
A use, building or structure which is lawfully in existence at the
effective date of this Chapter and shall be made non-conforming at
the passage of this Chapter or any applicable amendment thereto, may
be continued as otherwise provided in this section.
B.
No existing use, structure or premises devoted to a non-conforming
use shall be enlarged, extended, reconstructed, substituted or structurally
altered, unless it is changed to a conforming use or structure as
follows:
1.
Any non-conforming structure or use damaged to less than 50% of its
previous existing area or value by fire or other natural calamity,
may be restored, reconstructed or used as before, provided the area
of such use or structure shall not exceed the area which existed prior
to such damage nor increase the intensity of use. All repairs shall
be completed within one year after damages occur, or within such time
extensions granted by the Zoning Officer, which can only be granted
upon good cause being shown by the applicant, or such use shall not
be rebuilt except as a conforming use.
2.
Normal maintenance and repair of a structure containing a non-conforming
use is permitted, provided that it does not extend the area or volume
of space occupied by the non-conforming use or structure and does
not increase the intensity of use. Nothing in this section shall prevent
the restoring to a safe or lawful condition any part of any structure
declared unsafe by the Construction Official.
3.
A building containing residential non-conforming uses may be altered
in any way to improve interior livability. No structural alterations
shall be made which would increase the number of bedrooms or dwelling
units.
C.
Non-conforming uses and structures are considered terminated and
shall not be revived in any way except as a conforming use or structure
in accordance with the following:
1.
A non-conforming use or structure abandoned in accordance with this
Chapter and accompanied by an intent on the part of the owner to abandon
such use as evidenced by some act or failure to act which carries
with it a sufficient implication that the owner neither claims or
retains any interest in the subject matter of the abandonment shall
be considered a termination thereof. Such implication shall be rebuttably
presumed by non-use for any period of two or more years. Non-use by
successive owners shall be considered continuous non-use.
2.
The change of a non-conforming use or structure to a more or entirely
conforming use for any period of time shall be considered an abandonment
of the previous non-conforming use, and a reversion to the previous
non-conforming use shall not be permitted.
3.
A non-conforming structure or use which has 50% or more of its non-conforming
area or value destroyed by fire or natural calamity shall be considered
an abandonment thereof.
D.
A nonconforming structure may not be enlarged, extended, increased
in height, width or depth, moved or relocated, modified in such a
way so as to increase habitable or usable space, number of dwelling
units or number of bedrooms; unless such structure is changed to a
structure conforming to the requirements of this Chapter except that
an existing one-family structure may be rebuilt, enlarged, extended
or added to provided:
1.
The enlargement, extension or addition conforms to all zone requirements;
or
2.
The portion of the enlargement, extension or addition which does
not conform to zone requirements consists entirely of the enclosure
of existing side or rear porches.
3.
Where a structure is nonconforming solely because it intrudes on
the current required yard area.
[Amended 2-11-2008 by Ord. No. 08-03]
(a)
If the proposed horizontal addition to that building would not
protrude further than the furthest point of the existing building
line into that required yard area, then the Zoning Official can issue
the permit and no application to the Board of Adjustment is necessary.
The proposed addition must be equal to the existing building line,
but cannot exceed the same if it violates the setbacks.
(b)
If a proposed vertical addition would be located within the
building envelope or existing building footprint (and assuming no
violation of height restriction or other ordinance provision), the
Zoning Official may also issue a permit for such vertical expansion
provided that the addition would not exacerbate the nonconformity.
4.
An existing one-family structure located in a residential district
destroyed by fire or other natural calamity may be rebuilt, provided
the new structure complies with all zone requirements relating to
setbacks and height; however, the existing lot need not comply with
minimum lot width, depth and area requirements where the existing
condition is non-conforming.
E.
The prospective purchaser, prospective mortgagee, or any other person
interested in any land upon which a nonconforming use or structure
exists may apply for, in writing, the issuance of a certificate certifying
that the use or structure existed before the adoption of the ordinance
which rendered the use or structure nonconforming. The applicant shall
have the responsibility of affirmatively proving the preexisting nonconforming
use or structure. Application pursuant hereto may be made to the Zoning
Board of Adjustment Administrative Officer within one year of the
adoption of the ordinance which rendered the use or structure nonconforming
or at any time to the Zoning Board of Adjustment.
[Added 2-11-2008 by Ord.
No. 08-03]
F.
Any parcel of land with an area or width less than that prescribed
for a lot in the zone in which the lot is located may be used as a
lot for any purpose permitted in the zone, if:
[Added 2-11-2008 by Ord.
No. 08-03]
[Added 12-22-2014 by Ord. No. 14-48]
A.
Purpose. The purpose of the Transit Village Zone (TV) District is
to provide a form based code to provide an opportunity for future
development that will take place at an appropriate scale, and takes
into consideration how development projects will impact the aesthetics
and function of the public realm.
B.
C.
Form B - Medium Density Residential Zone - Form B includes the following
Blocks and Lots:
|
Block 162, Lot 73
|
Block 163, Lot 72
|
Block 164, Lot 10
|
Block 165, Lot 16
|
|
Lot 74
|
Lot 74
|
Lot 40
|
Lot 20
|
|
Lot 70
|
Lot 60
|
Lot 42
|
Lot 25
|
|
Lot 1
|
Lot 44
| ||
|
Lot 2
|
Lot 45
| ||
|
Lot 9
|
Lot 41
| ||
|
Lot 10
|
Lot 47
| ||
|
Lot 11
|
Lot 48
| ||
|
Lot 49
| |||
|
Lot 9
| |||
|
Lot 2
| |||
|
Lot 8
| |||
|
Lot 4
| |||
|
Lot 5
| |||
|
Lot 7
|
[Added 2-10-2014 by Ord. No. 14-08]
A.
Purpose. The purpose of the Hospital Support Zone (H-S) is for those
properties fronting on Route 33, Route 66 and Neptune Boulevard north
of Route 33.
B.
Permitted Uses. The following uses shall be permitted in the H-S
Hospital Support Zone - NAICS Code 6.2:
1.
Hospitals.
2.
Physicians and other professional offices.
3.
Clinics and other therapeutic and rehabilitation facilities.
4.
Medical and Dental diagnostic offices and laboratories.
5.
Sale of surgical and hospital supplies, orthopedic braces, appliances
and shoes.
6.
Emergency medical service facilities.
7.
Pharmacies and other retail establishments for the sale of medical
surgical supplies, equipment and clothes or goods and prescription
eyeglasses.
8.
Nursing homes, life-care facilities and extended-care facilities.
9.
Restaurants.
10.
Adult Care Centers.
11.
Assisted Living Residences.
12.
Public or quasi-public facilities.
13.
Light industrial and manufacturing uses related to medical and
dental uses:
(a)
Sports and Recreation Instruction - 611620.
(b)
Health and Fitness Club - 713940.
(c)
Testing Laboratories - 541380.
(d)
Custom Computer Programming Services - 541511.
(e)
Computer Systems Design Services - 541512.
(f)
Computer Facilities Management Services - 541513.
(g)
Other Computer Related Services - 541519.
(h)
Frozen Specialty Food Manufacturing - 311412.
(i)
Commercial Wholesale Bakeries - 311812.
(j)
Commercial Lithographic Printing - 323111.
(k)
Other Commercial Printing - 323111/323113.
(l)
Prepress Services - 323120.
(m)
Medicinal and Botanical Manufacturing - 325411.
(n)
Research Laboratory - 541711/541712.
(o)
Pharmaceutical Preparation Manufacturing - 325412.
(p)
All other miscellaneous chemical product and prep manufacturing
- 325320/327110.
(q)
Radio, TV Broadcast and Wireless Communications Equipment Manufacturing
- 334220.
(r)
Other Electronic Component Manufacturing - 334419/335999.
(s)
Automatic Environmental Control Manufacturing - 334512.
(t)
Surgical and Medical Instrument Manufacturing - 339112.
(u)
Dental Laboratories - 339116.
(v)
Film and Sound Recording Studios - 512240/512110.
(w)
Data Center - 518210.
C.
Accessory Buildings and Uses. An "Accessory Building or Use," for
purposes of this section, is one which:
1.
Is subordinate to and serves any principal building or use.
2.
Is subordinate in area, extent or purpose to the principal building
or principal use served.
3.
Contributes to the comfort, convenience or needs of occupants or
the principal building or principal use served.
4.
Is located on the same lot as the principal building or principal
use served.
