[Ord. No. 2003-18]
a.
Before a construction permit or Certificate of Occupancy shall be issued for a use permitted as a conditional use by this chapter, application shall be made to the Planning Board. In making application to the Board, the applicant shall follow the procedures outlined in Article IX of this chapter for site plan review.
b.
The Planning Board shall approve or deny a conditional use simultaneously with site plan review, following the procedures outlined in § 900 Article IX of this chapter. Unless otherwise stated in this section, all applications for conditional use approval shall be required to obtain major site plan approval.
c.
In all requests for approval of a conditional use, the Board shall
give due consideration to all reasonable elements which could affect
the public health, welfare, safety, comfort and convenience such as,
but not limited to, the following principles and standards:
1.
Such use shall be specifically authorized as a conditional use in
the district within which the site is located.
2.
For every conditional use, the Board shall make a specific finding,
supported by evidence produced at a public hearing in the manner provided
by law, that such use will not be detrimental to the character of
the neighborhood.
3.
For every conditional use, the Board shall determine that there is
adequate and appropriate access for the estimated traffic from public
streets and sidewalks so as to ensure public safety and to avoid traffic
congestion.
4.
For every conditional use, the Board shall determine that adequate
parking and off-street truck loading spaces will be provided, in conformity
with this chapter for the anticipated number of occupants, employees
and patrons, and that the layout of the parking spaces, truck loading
spaces and interior driveways is convenient and conducive to safe
operation.
5.
For every conditional use, the Board shall require suitable plantings
and/or fencing along side and rear lot lines adjacent to residential
uses or districts.
[Ord. No. 2003-18; amended 4-28-2020 by Ord. No. 2020-09; 8-4-2021 by Ord. No.
2021-19; 12-14-2021 by Ord. No. 2021-31; 5-10-2022 by Ord. No. 2022-11; 6-28-2022 by Ord. No. 2022-16]
The following conditional uses shall be permitted as provided in § 35-14 provided that the following specific requirements are met for each use:
a.
Automobile Service Stations and/or Truck Repair Facilities.
1.
No outdoor repair of motor vehicles and trucks shall be made in connection
with any automobile service station or truck repair facility nor shall
supplies, materials, or parts be stored outdoors, whether for sale,
storage or waste.
2.
Gasoline dispensing units and canopies shall be set back at least
the average depth of all existing front yards within the same block,
but in no case shall the setback of the dispensing units be less than
20 feet from the curbline(s) of the street(s) which abut the site.
The dispensing units shall be so located that no vehicles can be serviced
from any portion of the street or sidewalk. No mobile gasoline pump
shall be used or operated on premises.
3.
No automobile service station or public garage shall be erected or
remodeled unless such structure shall provide for at least two separate
washrooms, each having a wash basin and flush toilet.
4.
All structures, including fuel pumps, car lifts and other service
appliances or equipment, shall be located not less than 20 feet from
any side or rear property line.
5.
All motor vehicles awaiting repair or pickup shall be parked or stored
on the site.
6.
All unpaved areas shall be attractively landscaped with grass lawns,
trees, shrubs or other appropriate vegetation.
b.
Home Occupations. Certain home occupations which meet the following
requirements shall be permitted as conditional uses.
2.
The home occupation shall be clearly subordinate to the residential
use.
3.
The occupant conducting such home occupation shall reside on the
premises.
4.
No more than three people, including the occupant, at any one time
shall be engaged in the home occupation.
5.
No more than 25% of the total floor area of the dwelling is allowed
to be devoted to the home occupation.
6.
No outdoor storage is allowed.
7.
No home occupation is permitted in multifamily buildings.
8.
Any classes, lessons, tutoring or the like shall be limited to one
student/client at a time.
9.
No retail sales or rentals are permitted on the premises.
10.
No personal services establishments are permitted.
11.
Home occupations shall not create any off-site noise, odors, radiation,
glare, radio interference, etc.
12.
No toxic or hazardous materials that would constitute a danger to
the environment or neighboring property shall be stored on the premises.
13.
Home occupations shall be allowed no more than two nonpassenger vehicle
deliveries per day, excluding U.S. Mail delivery.
14.
Only one sign is permitted at no more than four square foot in size, and located at least 10 feet from the street line per § 35-31.
15.
Adequate parking shall be provided and shall be screened from adjacent residential uses. Commercial vehicle parking shall be pursuant to Subsection 35-15.5c2.
16.
The hours of operation of the home occupation shall be limited from
8:00 a.m. to 7:00 p.m.
17.
Any alteration to the dwelling for the home occupation shall maintain
the residential character and appearance of the building.
18.
Only one home occupation is permitted per lot.
c.
Public Utilities Excluding Cell Phone Towers and Antennas.
1.
The utility shall furnish proof to the Board that the proposed installation
in the specific location proposed is necessary for the convenient
and efficient operation of the public utility.
2.
The design of any building in connection with such facility conforms
to the general character of the area in which it is proposed and will
not adversely affect the safe and comfortable enjoyment of property
rights in the zone in which it is located.
3.
Adequate and attractive buffering and safety devices shall be provided
in conjunction with such use and sufficient landscaping, including
trees, shrubs, lawns and other screening, shall be provided.
d.
Motels.
1.
Motels shall be on a lot with a minimum of 200 feet of street frontage
and must contain a minimum of 20 units of accommodation exclusive
of a permanent on-site superintendent's living quarters. A minimum
of eight units of accommodation may be constructed in any single building.
2.
Each unit of accommodation shall contain a minimum floor area of
250 square feet.
3.
Each unit of accommodation shall include a minimum of two rooms,
a bedroom and a separate bathroom which affords privacy to a person
within said room and which is equipped with a toilet, a wash basin
and a bathtub or shower, all properly connected to a water and sewer
system.
4.
Restaurants and conference facilities are only permitted as accessory
uses to the principal motel use.
e.
Restaurants and Food Preparation Establishments.
1.
Exhausts, for all food preparation establishments regardless of whether
they are classified as a restaurant under the terms of this chapter
must be provided with a hood exhaust filtration system to eliminate
nuisance odors, pursuant to the Uniform Construction Code and Township
Ordinances under the direction and supervision of the Fire Subcode
Official.
2.
Off-street parking for the entire site shall be provided in accordance with Subsection 35-23.2 of this chapter except in those cases where appropriate documentation of existing parking levels indicate a lower parking need.
3.
The Planning Board at its sole discretion may require additional
on-site parking and buffering requirements on any restaurant offering
live entertainment of any kind.
4.
All restaurants and food preparation establishments shall be equipped
with a grease trap.
f.
Private and Parochial Schools.
1.
The school shall be limited to the preschool through high school
grades.
2.
The school shall provide adequate outdoor recreational space and
activities, as determined by the approving authority, but no less
than 30% of the lot area.
3.
The use shall be limited to day schools only. No boarding schools
shall be permitted.
4.
The school shall have a minimum lot size of three acres.
g.
Cellular telecommunications antennas are permitted as conditional
uses, subject to compliance with all other requirements in this chapter
and provided that all of the following requirements are met.
1.
Permitted Location: Type of Structure. Freestanding telecommunications
antennas are permitted in the 1-20 and 1-40 zones and municipal property
in all zones subject to FAA requirements.
2.
Proof of Need and Minimum Impact. The applicant shall be required
to demonstrate that the development is the minimum necessary to provide
adequate communications as may be authorized by the Federal Communications
Commission. Included as part of this requirement, the applicant shall
demonstrate at least, but not necessarily limited to the following:
(a)
That the technology proposed is the least visually intrusive
of various suitable technologies;
(b)
That the height of the antennas is the minimum necessary;
(c)
That co-location of the antenna on other existing antenna structures,
or that location at a less visible location, or that the use of microcells,
providing more numerous antennas at lower heights, either within or
outside the Township of Springfield, is either not practical in order
to provide adequate communication or that the visual impact to the
community on the proposed site is less than would exist at such alternative
locations; and
(d)
That the use of digital technology for other existing and pending
antennas in the area would not eliminate the need for the proposed
antenna.
3.
Maximum Height. The height of antennas and related structures and
equipment other than buildings, where permitted, shall be subject
to the following height restrictions:
(a)
Freestanding antennas and related structures and equipment,
other than on buildings in the 1-20 and 1-40 zones and municipal property
in all zones shall not exceed 150 feet in height.
(b)
Freestanding antennas and related structures and equipment,
when mounted on the roof of an existing building, as permitted herein,
shall not exceed the height of such roof by more than 20 feet.
4.
Required Yard Location and Minimum Setbacks. The following required
locations and minimum setbacks shall apply:
(a)
Freestanding antennas shall not be located in the front yard.
(b)
Antennas and related structures and equipment, when mounted
on an existing building roof as permitted herein, shall be located
so as to minimize any detrimental visual impact, as determined to
be appropriate by the Board in the particular situation.
(c)
An antenna located in a side or rear yard shall be located at
least 40 feet from a property line, but not less than the height of
the antenna.
5.
Mitigation of Visual and Secured Impact. The base of the antenna
support structure and any related structures and equipment shall be
secured and screened from the street and adjacent properties in a
manner acceptable to the Board. If deemed necessary by the Board to
mitigate the visual impact of the antenna and related structures and
equipment, the color, materials, and design of the entire antenna
and related structures and equipment shall be required to be modified
in appearance so as to blend in with the surrounding environment,
as determined by the Board to be appropriate in the particular situation.
The foregoing may include, but shall not necessarily be limited to,
such modifications as special paint treatment, concealment through
architectural means such as a bell tower, steeple, etc., or the use
of camouflage through simulated foliage so as to appear as a tree.
6.
May be Additional Principal Use on the Lot. Notwithstanding any provisions
of this chapter to the contrary, a cellular telecommunications antenna
or antennas are permitted on the same lot as any other permitted principal
use or structure in the permitted zones.
7.
Design for Future Co-Location. Any proposed cellular telecommunications
antenna and related structures shall be designed structurally, electrically
and in all respects, to accommodate both, the applicant's antennas
and comparable antennas for at least two additional users if the antenna
is over 100 feet high. The antennas and related structures shall be
designed for future rearrangement of antennas and to accept antennas
mounted at varying heights. If the foregoing design for co-location
requires additional antenna installation or beyond that permitted
above, the Board, in determining the acceptable design, shall balance
the benefits and probability of co-location against any detriments
resulting from such additional antenna height.
The foregoing requirements shall also include a letter of commitment
by the applicant, submitted prior to any approval by the Board, to
lease excess space on the facility to potential users. The letter
shall commit the owner of the antenna and related structure and equipment,
as well as any successor in interest.
8.
Abandonment: Removal. Wireless telecommunications towers and equipment
which are not operated for wireless telecommunications purposes for
a continuous period of six months shall be considered abandoned and
shall be removed by the owner, at the owner's expense. This removal
shall occur within 90 days at the end of such six-month period of
inactivity. If such wireless telecommunications tower is not removed
within the ninety-day period, the municipality may remove the tower
and its structures at the owner's expense. If the facility is to be
retained, its owner shall provide proof that the facility will be
reused within one year of such discontinuation. If the facility is
not used within one year, a demolition permit shall be obtained and
the facility removed. Upon removal, the site shall be cleaned, cleared,
restored and revegetated to preconstruction conditions. To insure
the removal of abandoned towers and related telecommunications facilities,
the facility owner shall be responsible to post a bond at the time
a construction permit is issued to cover the costs of tower removal
and site restoration.
h.
Automobile Sales, Leases and Service.
1.
The site must be a minimum of five acres in area.
2.
Used vehicles can only be sold or leased as an accessory to new vehicle
sales and leasing.
3.
Vehicle servicing shall be permitted as part of the vehicle sales
and leasing facility, and shall be conducted within an enclosed building.
4.
All areas devoted to parking and vehicle storage shall be suitably
paved to the satisfaction of the approving authority.
5.
Display lighting shall be shielded and located and maintained so
as not to reflect glare onto surrounding or neighboring properties
or public roads. Strings of exposed lights and lights of intermittent
intensity are prohibited.
j.
Massage
establishments.
[Added 4-28-2020 by Ord. No. 2020-09]
2.
Massage
establishments shall be permitted as a conditional use in the H-C,
G-C, and PUD (Commercial) Zoning Districts. Massage establishments
shall also be permitted in the N-C Business District Zone, as long
as the massage establishments do not share any property boundary with
a residential property or school property.
3.
Off-street
parking shall be provided at the rate of one parking space per 200
square feet of gross floor area.
k.
Cannabis
Businesses.
[Added 8-4-2021 by Ord.
No. 2021-19; amended 12-14-2021 by Ord. No. 2021-31; 6-28-2022 by Ord. No. 2022-16]
1.
Prior to the operation of any cannabis business, a permit or license
must be obtained from the State of New Jersey and from the Township
for the applicable type(s) or class(es) of cannabis business. No cannabis
business shall be permitted to operate unless it possesses all permits
and licenses required by state and local law.
2.
Cannabis businesses shall, at all times, comply with the terms and
conditions of the permits or licenses issued by the State of New Jersey
and the Township.
3.
No cannabis establishment or alternative treatment center shall be
housed in a vehicle or any movable or mobile structure.
4.
In no case shall cannabis plants be visible from a public or private
road, sidewalk, park or any public place.
5.
Odor control devices and techniques shall be incorporated in all
cannabis businesses to ensure that odors from cannabis are not detectable
on-site. Cannabis businesses shall provide a sufficient odor absorbing
ventilation and exhaust system so that odor generated inside the cannabis
business that is distinctive to its operation is not detected outside
of the facility, anywhere on adjacent property or public rights-of-way,
on or about the exterior or interior common area walkways, hallways,
breezeways, foyers, lobby areas, or any other areas available for
use by common tenants or the visiting public, or within any other
unit located inside the same building as the cannabis business. The
ventilation system must be installed to meet ASHRAE62 Indoor Air Quality
Standards and approved by the Township's Health Department and Construction
Bureau, and may be subject to periodic inspection.
6.
Outside generators and other mechanical equipment used for any kind
of power supply, cooling, or ventilation shall be enclosed and have
appropriate baffles, mufflers, and/or other noise reduction systems
to mitigate noise pollution.
7.
No cannabis businesses shall be located within 200 feet of any school; public playground, athletic field, or recreation/youth center; place of worship; or the S-60, S-75, S-120, AH-17, or M-R residential zoning districts. Distance shall be measured using a direct straight-line measurement from the nearest point of the property line of the site that contains the cannabis business to, as applicable: (i) the nearest point of the property line of the site that contains the school, place of worship, or public recreation/youth center; (ii) the nearest point on the boundary of the S-60, S-75, S-120, AH-17, or M-R residential zoning district; or (iii) the nearest developed portion of the public property constituting or serving the public playground or athletic field (e.g. parking area, fencing), as determined by the Township Administration upon the request of a prospective cannabis business applicant. The prohibitions of this subparagraph (k)(7) shall not prevent the siting or operation of a cannabis business (or the approval, issuance or renewal of a cannabis business license under Section 4-33 of the Township Code) if no school; public playground, athletic field, or recreation/youth center; place of worship; or S-60, S-75, S-120, AH-17, or M-R residential zoning district was located within 200 feet of the cannabis business on the date of the cannabis business's original application for such site, submitted in accordance with Section 4-33 of the Township Code.
8.
A cannabis retailer shall not be located in or upon the same premises
as a grocery store, delicatessen, indoor food market, or other store
that engages in either the retail sale of food or in the licensed
retail sale of alcoholic beverages. For purposes of this subparagraph,
the "premises" of a cannabis retailer shall have the same meaning
set forth in N.J.A.C. 17:30-1.2.
9.
All cannabis businesses shall meet the security requirements set forth in Subsection 4-33.14 of the Township Code, as well as any additional security-related requirements imposed by state or local authorities.
10.
Persons under the age of twenty-one (21) years shall not be allowed
on the premises of a cannabis business and shall not be allowed to
serve as a driver for a cannabis delivery service. A notice that no
person under twenty-one (21) years of age is permitted to enter the
premises shall be prominently displayed at all entrances to a cannabis
business. For purposes of this subparagraph, the "premises" of a cannabis
business shall have the same meaning set forth in N.J.A.C. 17:30-1.2.
11.
The provisions of this paragraph k shall not apply to a cannabis
delivery service based outside of the Township which makes deliveries
of cannabis or related supplies to consumers located within the Township.
12.
Except as expressly permitted by this paragraph k and Section 4-33 of the Township Code, any cannabis business activities, such as cultivation, manufacturing, processing, testing, dispensing, distribution and/or sale of cannabis or cannabis products, are expressly prohibited as land uses or otherwise in the Township.
l.
Billboards.
[Added 5-10-2022 by Ord. No. 2022-11]
1.
Location:
(a)
Billboards shall be located no closer than 250 feet to a residential
zone and shall not be permitted in any residential zone.
(b)
Billboards shall only be allowed adjacent to the I-78 East corridor
and facing eastbound traffic (the opposite side of a double-faced
billboard shall face westbound traffic), and are expressly prohibited
elsewhere within the Township.
(c)
No static billboard shall be placed less than 1,000 feet from
any other billboard.
(d)
No digital billboard shall be placed less than 3,000 feet from
another digital billboard, or less than 1,000 feet from a static billboard.
(e)
The minimum distance (spacing) between permitted locations of
billboards, shall be measured along the nearest edge of the pavement
between points along the same side of the divided highway directly
opposite the side of the sign face nearest the center line of the
right-of-way of the highway where the sign side shall be erected (the
point of measurement for a double-faced billboard shall be the midpoint
between the nearest edge of the back-to-back sign faces), and shall
apply only to the permitted zones.
(f)
No more than one (1) billboard structure shall be permitted
on any one (1) tax lot.
2.
Design Regulations:
(a)
The maximum sign area showing to one direction shall be one-thousand
(1,000) square feet.
(b)
The maximum height of the sign face (measured from the bottom
of the sign face to the top of the sign face) shall be twenty (20)
feet. The maximum length of the sign face shall be fifty (50) feet.
(c)
The maximum billboard height shall be fifty (50) feet as measured
from the existing grade to the top of the billboard, except where
sound walls located along I-78 prohibit visibility. Billboards located
adjacent to sound walls shall be permitted up to sixty (60) feet to
the top of the billboard.
(d)
Double-faced-type billboard signs shall be permitted only on a single billboard structure and only under the terms and conditions of this Subsection 35-41.2.
(e)
Lighting for any billboard shall be designed to restrict any
glare and spillover to the immediate area of the sign, and shall otherwise
comply with the applicable requirements of N.J.A.C. 16:41C-4.1(j).
(f)
Any billboard to be erected under these regulations shall be
designed to restrict visibility from residential zones and residential
dwelling units via the placement and attenuation of the sign direction
away from residential zones and dwelling units.
(g)
No billboard shall be allowed that are painted on or attached
to railroad bridges, overhead bridges, or any other structure over
any highway or overhanging the highway, and within the right-of-way
of any highway.
(h)
There shall be a minimum five-foot setback from the billboard
to I-78, which shall be measured to the right-of-way line of the limited
access highway. There shall be a minimum 20-foot side yard setback,
measured from the property line to the outside of the nearest sign
face.
3.
Other Requirements.
(a)
No billboards shall be permitted within the State of New Jersey's
(or any department thereof) right-of-way, or along any portion of
limited access or unlimited access highways within the State of New
Jersey, unless specifically authorized by permit from the applicable
agency of the State of New Jersey having jurisdiction over outdoor
advertising signs. This prohibition shall not apply to signs, public
notices, or markers erected or maintained by the New Jersey Department
of Transportation, the County of Union, or the Township of Springfield.
(b)
No billboards shall interfere with the ability of an operator
of a motor vehicle to have a clear and unobstructed view of streets
or highways ahead, approaching, merging or intersecting traffic, or
official signs, signals or traffic control devices.
(c)
No billboards shall interfere with or contain advertisements
that resemble any official traffic sign, signal, or device.
(d)
No billboard shall be painted, drawn, erected, or maintained
upon trees, or other natural features, or public utility poles.
(e)
No billboard shall be of a type, size, or character or placed
at a location that will endanger or potentially injure public safety
or health, or pose a physical threat to property in the vicinity thereof.
(f)
No billboards shall be permitted which advertise activities
that are illegal under Federal, State, or local law.
(g)
All billboards must comply with the provisions of N.J.A.C. 16:41C-8.1
and N.J.A.C. 16:41C-11.1.
[Ord. No. 2003-18]
a.
There shall be no restrictions on the height of a church spire or
church belfry; on a dome, cupola or tower, including clock tower,
of a public or quasi-public building, except that no structure erected
to a height in excess of the height limit for the district in which
it is situated shall:
[Ord. No. 2003-18; amended 10-13-2016 by Ord. No.
2016-24; 12-13-2016 by Ord. No. 2016-28]
Open or lattice-enclosed stairways projecting not more than
five feet into a yard, and the ordinary projections of decorative
stone, siding, chimneys, pilasters, roof overhangs, gutters, downspouts,
and the like projecting not more than 18 inches, and bay windows may
be constructed without a variance.
[Added 9-13-2016 by Ord.
No. 2016-19]
Existing porticos or porches with an existing roof that are
within the required setback may be enclosed provided that there is
no increase or expansion in the setback violation.
[Ord. No. 2003-18]
Any unlawful structure, use or lot not meeting any particular
requirement of this chapter as of the effective date of this chapter
shall be deemed to be nonconforming.
[Ord. No. 2003-18]
a.
Any lawful use occupying any structure, lot or land at the time of
the adoption or subsequent amendment of this chapter which does not
comply with the use regulations of the district in which it is situated
by virtue of such adoption or amendment may be continued in the structure
or upon the lot or land so occupied. Any lawful structure or lot existing
at the time of the adoption or amendment of this chapter which does
not comply with the bulk regulations of the district in which it is
situated by virtue of such adoption or amendment may be continued
and occupied.
b.
The prospective purchaser, prospective mortgagee, or any other person
interested in any land upon which a nonconforming structure or use
existed may apply in writing to the Township for the issuance of a
certificate certifying that the structure or use existed before the
adoption of the Ordinance which rendered the structure or use nonconforming
pursuant to N.J.S.A. 40:55D-68.
[Ord. No. 2003-18]
A nonconforming use shall be deemed to have been abandoned:
a.
When it is changed to a conforming use; or
b.
Where the nonconforming use has occupied a structure designed for
such use, when the use has been voluntarily discontinued for a period
of 12 consecutive months; or
c.
Where the nonconforming use has occupied a structure not designed
for such use or has occupied a lot or land whereon there is no principal
structure devoted to such use, when the use has been voluntarily discontinued
for a period of six consecutive months.
[Ord. No. 2003-18; Ord. No. 2015-22 § I(C)]
Any nonconforming structure or any nonconforming use of a structure
which has been destroyed by any means including by fire, explosion,
flood, wind, storm, or other act of God shall be considered partially
destroyed if the cost of restoration equals 1/2 or less than 1/2 of
the estimated true valuation of the structure as determined by the
Township Tax Assessor and such partially destroyed structure or use
may be rebuilt, restored or repaired. If the damage is greater than
above outlined, the use or structure shall be considered completely
destroyed and shall not be rebuilt, restored or repaired unless in
conformity to the use and bulk requirements of this chapter.
[Ord. No. 2003-18; Ord. No. 2010-17]
Such repairs and maintenance work as permitted to keep a structure
in sound condition may be made to a nonconforming structure provided
no structural alterations shall be made except those required by law.
[Ord. No. 2003-18]
Notwithstanding the lot area and lot dimensions requirements
of this chapter, a single-family dwelling may be erected on any nonconforming
lot existing at the time of adoption of this chapter which is separately
owned and not adjacent to any other lot in the same ownership, providing
all other requirements of this chapter are complied with.
