Recognizing that certain uses, activities and structures are necessary to serve the needs and provide for the convenience of the citizens of the Township of Little Egg Harbor and at the same time, appreciating the fact that they or any one of them may be or may become inimical to the public health, safety and general welfare of the community if located without due consideration to the existing conditions and surroundings, such uses are designated as conditional uses subject to the standards and regulations hereby established. These standards and regulations are intended to provide the Planning Board with a guide for reviewing applications for conditional uses as provided for by this chapter. As a result of the review procedure, the applicant may be required to meet additional standards and regulations imposed by the Planning Board during site plan review which are in keeping with and will further the intent of these standards and regulations. Such standards and regulations shall be provided for and maintained as a condition of the establishment and maintenance of any use to which they are a condition of approval. In acting upon an application for conditional use approval, the Planning Board shall be guided by the following standards and principles:
A. 
The use for which an application is being made is specifically listed as a conditional use within the zone where the property is located.
B. 
The design, arrangement and nature of the particular use is such that the public health, safety and welfare will be protected and reasonable consideration is afforded to the following:
(1) 
The compatibility of the proposed use(s) and/or structure(s) within the existing neighborhood.
(2) 
The potential effect that the proposed use(s) and/or structure(s) will have upon property values.
(3) 
The adequacy of the proposed parking and traffic circulation for the use(s) and/or structure(s) and the potential for traffic congestion and/or the creation of undue traffic hazards.
(4) 
The need for such facility or use(s) to serve the area in which it is located.
(5) 
The adequacy of proposed drainage facilities which will serve the use(s) and/or structure(s).
(6) 
The adequacy of plans for screening any adverse aspects of the use(s) and/or structure(s) from adjoining properties.
(7) 
The adequacy of proposed outdoor lighting.
(8) 
Compliance with the performance standards under § 215-11.16 of this chapter.
(9) 
Compliance with the standards, principles and objectives of the Master Plan.
C. 
All conditional uses shall also be required to obtain site plan approval, unless otherwise specified in this chapter.
D. 
Conditional uses shall adhere to the additional standards specified for the particular use under this article, except where no additional standards are specified herein.
E. 
No use specified within this article shall be considered a conditional use unless it is specifically listed as a conditional use in the zone district regulation.
[Amended 5-10-2001 by Ord. No. 2001-08; 4-21-2004 by Ord. No. 2004-06]
A. 
Antennas and towers shall be permitted as conditional uses in the zones or areas specified and shall be required to comply with the conditions set forth below in order to be permitted as conditional uses:
(1) 
Any proposed antenna or tower to be located within the R-5A Zone as a conditional use must be located within the area identified as "Fish Island" on the Zoning Map, due west of Great Bay Boulevard.
(2) 
Any proposed antenna or tower to be located within the northerly LI Zone as a conditional use must be located within the area which runs along the northbound lanes of the Garden State Parkway and lies west of Route 539.
B. 
General requirements:
(1) 
Lot size. For the purposes of determining whether the installation of a tower or antenna complies with development 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.
(2) 
Inventory of existing site. Each applicant for an antenna and/or tower shall provide to the Zoning Officer an inventory of its existing towers, antennas; or
(3) 
Township of Little Egg Harbor or within three miles of the border thereof, including specific information about the location, height, and design of tower, each such antenna or tower. The Zoning Officer may share such information with other applicants applying for approvals under this chapter or other organizations seeking to locate antennas within the jurisdiction of the Township of Little Egg Harbor; provided, however, that the Zoning Officer is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.
(4) 
Aesthetics. Towers and antennas shall meet the following requirements:
(a) 
Towers or antennas shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color as to reduce visual obtrusiveness.
(b) 
At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening and landscaping that will blend towers and related structures into the natural setting and surrounding buildings.
(c) 
If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.
(5) 
Lighting. Towers or antennas shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views.
(6) 
State or federal requirements. All towers or antennas 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 the towers and antennas governed by this chapter shall bring such towers and antennas into compliance with such revised standards and regulation within six months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring towers and antennas into compliance with such standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense.
(7) 
Building codes; safety standards. To ensure the structural integrity of towers or antennas, the owner of a tower or antenna shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes and the applicable standards for towers and antennas that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the Township concludes that a tower or antenna fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower or antenna, the owner shall have 30 days to bring such tower or antenna into compliance with such standards. Failure to bring such tower or antenna into compliance within said 30 days shall constitute grounds for the removal of the tower or antenna at the owner's expense.
(8) 
Measurement. For purposes of measurement, tower setbacks, and separation distances shall be calculated and applied to facilities located in the Township irrespective of municipal and county jurisdictional boundaries.
(9) 
Non-essential services. Towers and antennas shall be regulated and permitted as conditional uses pursuant to this chapter and shall not be regulated or permitted as essential services, public utilities, or private utilities.
(10) 
Franchises. Owners and/or operators of towers or antennas shall certify that all franchises required by law for the construction and/or operation of a wireless communication system in the Township have been obtained and shall file a copy of all required franchises with the Zoning Officer and Business Administrator.
(11) 
Signs. No signs shall be allowed on an antenna or tower.
(12) 
Multiple antenna/tower plan. The Township encourages the users of towers and antennas to submit a single application for approval of multiple towers and/or antenna sites.
C. 
Applicability:
(1) 
New towers and antennas. All new towers and antennas in the Township of Little Egg Harbor shall be subject to these regulations, except as otherwise provided herein.
(2) 
Amateur radio station operators/receive only antennas. This chapter shall not govern any tower or the installation of any antenna that is 40 feet or less in height and is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive-only antennas.
(3) 
Antennas, towers or alternative tower structures located on property owned, leased or otherwise controlled by the Township of Little Egg Harbor in any designated land use zone shall be permitted and the terms of this Conditional Use Ordinance shall not apply to same, provided a license or lease authorizing such antenna or tower has been duly approved by the Township of Little Egg Harbor. Notwithstanding the exceptions contained in this subsection, antennas, towers and alternative tower structures shall be permitted in the Pinelands Area only in accordance with Subsection C(4) below.
(4) 
Antennas, towers and alternative structures in the Pinelands Area must comply with the standards of N.J.A.C. 7:50-5.4(c) of the Comprehensive Management Plan and any comprehensive plan for local communications facilities approved by the Commission pursuant thereto.
D. 
Area, bulk and yard requirements:
(1) 
The minimum front yard setback shall be a distance at least the height of the tower or greater.
(2) 
The minimum rear yard setback shall be a distance at least the height of the tower or greater.
(3) 
The minimum side yard setback shall be a distance at least the height of the tower or greater.
(4) 
The maximum height of the tower shall be 350 feet if in the R-1A Zone and 125 feet if in the LI Zone.
(5) 
The maximum height of associated structures shall be eight feet.
(6) 
The maximum square footage of associated structures shall be 250 square feet.
(7) 
No tower shall be located within 2,500 feet of any existing residential home or residential structure.
(8) 
In the designated LI Zone, no tower shall be located within 1,000 feet of Route 539.
E. 
Additional requirements:
(1) 
All facilities shall be suitably secured and enclosed in a fence not less than eight feet high.
(2) 
Except for towers and antennas to be located on Township owned or controlled property, site plan approval by the Little Egg Harbor Township Planning Board shall be required and the following information shall be provided:
(a) 
A scaled site plan clearly indicating the location, type and height of the proposed tower, on-site land uses and zoning, adjacent land uses and zoning with 200 feet (including when adjacent to other municipalities), Master Plan classification for the site and all properties within the applicable separation distances set forth in Subsection D, adjacent roads, proposed means of access, setbacks from property lines, elevation drawings of the proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structures, topography, parking and other information deemed by the Zoning Office to be necessary to assess compliance with this chapter.
(b) 
Legal description of the parent tract and leased parcel (if applicable).
(c) 
The setback distance between the proposed tower and the nearest residential unit or residentially zoned properties, whether platted or unplatted.
(d) 
The separation distance from other towers shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing tower(s) and the owner/operator of the existing tower(s), if known.
(e) 
A Landscape Plan showing specific landscape materials.
(f) 
Method of fencing, finished color, if applicable, and methods of camouflage and illumination.
(g) 
A description of compliance with this section and all applicable federal, state and local laws.
(h) 
A notarized statement by the applicant as to whether construction of the tower will accommodate co-location of additional antennas for future users.
(i) 
Identification of the entities providing the backhaul network for the tower(s) described in the application and other personal wireless facilities owned or operated by the applicant in the municipality.
(j) 
A description of the suitability of the use of existing towers, other structures or alternative technology not requiring the use of towers or structures to provide the services to be provided through the use of the proposed new tower.
(k) 
A description of the feasible location(s) of future towers or antennas within the Township based upon existing physical, engineering, technological or geographical limitations in the event the proposed tower is erected.
(l) 
A sight line representation shall be drawn for the closest facade of each residential unit located on all properties adjacent to the subject property, the highest point of the tower. The sight line shall depict all intervening trees and buildings.
(m) 
In the event a communication tower is abandoned or not operated for a period of one year, the same shall be removed, at the option of the Township, at the sole expense of the operator.
(n) 
Noise levels generated by the operation of the antenna at any property line shall be not more than 50 decibels.
(o) 
A report prepared by a professional ornithologist describing the risks posed by the tower, antenna and/or structure to threatened and endangered species of birds; local breeding birds; known migratory birds; and the surrounding habitat.
(3) 
Site lighting used to illuminate a tower shall be oriented towards a tower to minimize spillage and glare onto adjacent properties.
(4) 
The tower and antennas shall be designed in accordance with the current edition of the Building Officials and Code Administrators National Building Code.
(5) 
Any generator located on the site shall be within an equipment structure. All fuel shall be contained in accordance with NJDEP requirements.
(6) 
Site clearing shall be minimized to preclude the removal of vegetation beyond that necessary to install and maintain the facility.
(7) 
Communication towers and antennas shall not cause a disruption to, or interfere with, other radio, communications, or television transmissions or equipment. If such disruption or interference is found to be caused by the operation of the communication tower, the subscribers and/or lessees shall notify their equipment operators to abate the deficiencies.
F. 
Availability of suitable existing towers, other structures, or alternative technology. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Planning Board that no existing tower, structure or alternative technology that does not require the use of towers or structures can accommodate the applicant's proposed antenna. An applicant shall submit information requested by the Planning Board related to the availability of suitable existing towers, structure or alternative technology. The applicant's proposed antenna may consist of any of the following:
(1) 
No existing towers or structures are located within the geographic area which meets applicant's reasonable engineering requirements.
(2) 
Existing towers or structures are not of sufficient height to meet applicant's reasonable engineering requirements.
(3) 
Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.
(4) 
The applicant's proposed antenna would cause electromagnetic interference with the antenna on the exiting towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna.
(5) 
The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.
(6) 
The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.
(7) 
The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as a cable microcell network using multiple low-powered transmitters/receivers attached to a wireline system, is unsuitable. Cost of alternative technology that exceeds new tower or antenna development shall not be presumed to render the technology unsuitable.
G. 
Definitions. As used in this chapter, the following terms shall have the meanings set forth below:
ALTERNATIVE TOWER STRUCTURE
A structure that camouflages or conceals the presence of antennas or towers.
ANTENNA
Any exterior transmitting or receiving device mounted on a tower, building or structure and used in communication that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals.
BACKHAUL NETWORK
The lines that connect a provider's tower/cell sites to one or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network.
FAA
The Federal Aviation Administration.
FCC
The Federal Communications Commission.
HEIGHT
When referring to a tower or other structure, the distance measured from the finished grade of the parcel to the highest point on the tower or other structure, including any antenna.
PERSONAL WIRELESS SERVICES
Commercial mobile services, unlicensed wireless services and common carrier wireless exchange access services.
PRE-EXISTING TOWER AND PRE-EXISTING ANTENNA
Any tower or antenna for which a building permit or special use permit has been properly issued prior to the effective date of this chapter, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired.
TOWER
Any structure that is designated and constructed primarily for the purpose of supporting one or more antennas for telephone, radio, personal wireless services and similar communication purposes, including self-supporting lattice towers, guyed towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like. The term includes the structure and any support thereto.
Automobile repair shops may be permitted as a conditional use in the zoning districts specified, provided that the lot, use and structures shall adhere to the minimum area, yard and building requirements of the particular district and to the following:
A. 
No outdoor oil drainage pits or hydraulic lifts shall be permitted.
B. 
All repairs shall be performed in a fully enclosed building.
C. 
All vehicles awaiting repair or under repair may be stored out-of-doors and shall be screened from the public by a solid fence and/or evergreen plantings, as required by the Planning Board.
D. 
No vehicle awaiting repair or under repair may be stored out-of-doors within the required front yard area, within 20 feet of any side or rear lot line or within 50 feet of any adjoining lot within a residential zone.
E. 
If gas pumps are proposed, § 215-5.5, referring to automobile service stations, shall also be applicable to automobile repair shops.
F. 
The storage of junk or dilapidated vehicles on the site shall not be permitted.
A. 
Automobile sales establishments for new and/or used cars may be permitted as a conditional use in the zoning district specified, provided that the lot, use and structures shall adhere to the following:
(1) 
The property on which an automobile sales establishment is located shall conform to the lot requirements established in the zoning district in which the conditional use is permitted.
(2) 
The leasing of automobiles is also permitted in conjunction with the selling of autos.
(3) 
A buffer area, a minimum of 25 feet in width, measured from the street right-of-way, shall be provided along all such rights-of-way upon which the site has frontage. Said buffer area shall be planted with grass and low-growing shrubbery. Buffer areas, each a minimum of 25 feet in width, shall be provided on all the side and rear property lines of the site and shall be landscaped in accordance with the provisions set forth in § 215-11.7. Where the site of an auto sales establishment abuts a residential zoning district, the minimum width of the buffer area provided along the zone boundaries between the two districts shall be increased to 50 feet. This buffer area shall also be landscaped in accordance with the provisions set forth in § 215-11.8.
(4) 
No vehicles shall be displayed, stored or parked within any buffer area.
(5) 
All areas used for the display, storage or parking of vehicles shall be of a paved surface, which drains into a facility provided with an oil trap or similar device designed, intended and installed to prevent petroleum products from draining directly into the ground and/or public drainage system.
(6) 
No vehicles shall be displayed, stored or parked on any public street or within any public or private right-of-way or easement.
(7) 
No facilities for vehicle body work shall be permitted on the site, except those facilities designed and intended for the preparation and maintenance of vehicles sold on the same premises and where such facilities are clearly incidental and subordinate to the principal use.
(8) 
The delivery of autos shall take place on the premises and not on a public street or within a public right-of-way.
(9) 
Off-street customer parking shall be provided in accordance with the provisions established as set forth in § 215-12.16.
A. 
Automobile service stations may be permitted in those zones specified, subject to the issuance of a conditional use permit and adherence to the minimum standards of the particular zone and the following:
(1) 
The motor vehicle service station shall have minimum of 150 feet of frontage on and direct access to a roadway classified as a minor rural arterial.
(2) 
Minimum lot size shall be one acre.
(3) 
No vehicle shall be permitted to be standing or parking on the premises of a motor vehicle service station other than those used by the employees in the indirect or direct operation of the establishment, except for the following: no more than five during working hours and no more than three overnight. Overnight outdoor storage of more than three vehicles shall be prohibited.
(4) 
Convenience shops may be permitted, provided that:
(a) 
The maximum gross floor area of the convenience store shall not exceed 2,000 square feet; provided, however, that the maximum gross floor area of a convenience store may be increased at rate of 1,000 square feet of additional gross floor area per acre of additional lot area over the required minimum lot area, up to a maximum of 6,000 square feet of gross floor area; and
(b) 
Additional on-site parking for the convenience shops is provided in accordance with § 215-12.16.
(5) 
All fuel pump islands shall be located at least 35 feet from all property lines.
(6) 
No outdoor oil drainage pits or hydraulic lifts shall be permitted.
(7) 
Any repair of motor vehicles shall be performed in a fully enclosed building. No parts or partially dismantled motor vehicles may be stored out-of-doors.
(8) 
No body work shall be permitted.
(9) 
Illumination shall be such that no direct glare from the lights shall fall upon adjoining streets or properties.
(10) 
Sales of new or used cars are prohibited.
(11) 
Accessory goods for sale may be displayed on the pump islands and the building island only. The outside storage of oil cans and/or antifreeze and similar products may be displayed on the respective islands, if provided for in a suitable metal stand or rack.
(12) 
The maximum building coverage shall be 15% of the lot area and a maximum of 20% of the lot area with a canopy. The maximum percent of lot coverage for buildings and all impervious surface areas shall be 65%.
(13) 
The minimum unoccupied open space shall be 30% of the lot area.
(14) 
A canopy, consisting of a roof-like cover that is supported by one or more columns or stanchions, without side walls, used primarily to shield fuel pumps from the elements, shall be permitted subject to the following:
(a) 
The minimum canopy setback shall be 25 feet.
(b) 
The thickness of said canopy or the dimension measured from the topside to the underside of the canopy shall be greater than 30 inches.
(c) 
The height of said canopy shall not exceed 15 feet, as measured to the bottom of the canopy.
A. 
Car washes may be permitted as a conditional use in those zoning districts specified, provided that the lot, use and structures shall adhere to the minimum area, yard and building requirements of the particular district and the following:
(1) 
All mechanical activities shall be conducted within a completely enclosed building.
(2) 
Wastewater from the use shall be discharged into the public sanitary sewer system. No on-site septic system or dry well shall be permitted.
A. 
Cemeteries and mausoleums for human internment may be permitted as a conditional use in those zoning districts specified, provided that the lot, use and structures shall adhere to the minimum area, yard and building requirements of the particular district and the following:
(1) 
Gravesites shall be set back a minimum of 100 feet from any public right-of-way line and 50 feet from all other property lines.
(2) 
Principal and/or accessory structures, including mausoleums, shall be set back a minimum of 200 feet from all property lines.
(3) 
Parking requirements shall be determined by the Planning Board and no parking shall be located closer than 100 feet to any public right-of-way.
A. 
Child-care centers, nursery schools and day-care centers may be permitted as a conditional use in those zoning districts specified, provided that the lot, use and structures shall adhere to the following:
(1) 
A statement shall be submitted with the application setting forth the full particulars regarding the use, activities and building.
(2) 
The minimum required lot area for the proposed use shall be one acre. Other lot and principal building bulk requirements for the respective zoning district of the proposed use shall prevail.
(3) 
Accessory buildings shall be located no closer than 20 feet to the rear or side property line. No accessory building shall be permitted within the required front yard setback of the front building line of the principle building, whichever is greater.
(4) 
All interior facilities and areas to be used by the children shall be located on the principal entrance floor and any other level which is not more than 1/2 story above or below the finished grade at the location from which pedestrian access is provided to the building.
(5) 
A minimum of 100 square feet per rated building capacity of outdoor space devoted to recreational use shall be provided and shall be entirely fenced or otherwise protected from hazards, traffic and driveways.
(6) 
Basement areas shall not be utilized for child care, classrooms or recreational purposes.
(7) 
All loading and unloading of children shall take place on site and not in the right-of-way of a public street.
(8) 
No temporary or permanent residential dwelling facilities shall be provided in a child-care center, nursery school or day-care center.
(9) 
The use shall be licensed by the Division of Youth and Family Services, New Jersey Department of Human Services.
A. 
Churches may be permitted in those districts designated in this chapter upon application for a permit and upon determination by the approving authority that the following standards and conditions are met:
(1) 
A set of plans, specifications and plot plans shall be filed with the approving authority, showing overall dimensions, topographic conditions, the location and intended use of existing and proposed buildings, the relationship of the proposed use to streets and adjacent properties and other physical features which might act as a deterrent to the general welfare.
(2) 
Before issuing a permit, the approving authority shall determine that the following standards are met:
(a) 
The minimum lot area shall be 40,000 square feet and the minimum frontage shall be 200 feet.
(b) 
The approving authority shall determine that the site plan is appropriate to the adjacent area. It may require buffers of foliage if necessary to protect surrounding properties from the effect of light or noise generated in connection with the use of the property. Such buffer area shall be constructed in conformance with the provisions of this chapter.
A. 
Commercial recreation uses, such as theatres, drive-in theatres, bowling alleys, skating rinks, miniature golf courses, driving ranges, amusement parks, dance halls, commercial swimming pools, arcades and amusement machines, coin operated or otherwise, such as video and/or pinball machines, may be permitted as a conditional use in those areas specified, provided that the use and/or structure shall adhere to the minimum standards of the particular zone and the following:
(1) 
No building, structure, active recreation area or parking area shall be located closer than 50 feet to any residential property line.
(2) 
Unless elsewhere specified in this chapter, off-street parking requirements shall be determined by the Planning Board.
(3) 
Maximum lot coverage by buildings and structures, including swimming pools: 20%.
(4) 
Minimum unoccupied open space: 20%.
(5) 
Notwithstanding the foregoing, no conditional use permit shall be required for the accessory use of five or less amusement machines, coin-operated or otherwise, including, but not limited to, video and/or pinball machines in any establishment, provided that the use of five or less machines is clearly an accessory use in such establishment.
(6) 
Notwithstanding the foregoing, no conditional use permit shall be required for the placement of over five amusement machines, coin-operated or otherwise, including, but not limited to, video and/or pinball machines in any establishment presently approved or used as a commercial recreation use, provided that such placement of said amusement machines is a secondary use.
A. 
Community residences for developmentally disabled and community shelters for victims of domestic violence, housing between seven and 15 persons, excluding resident staff, may be permitted in those zoning districts specified, subject to the issuance of a conditional use permit, and shall adhere to the minimum requirements of the particular zone and the following standards:
(1) 
A statement is submitted with the application setting forth the full particulars regarding the use, activities and buildings.
(2) 
The required minimum lot area shall be 4,000 square feet for each developmentally disabled person and employee housed at the residence, but not less than the minimum lot area required for single-family homes in the zone.
(3) 
The required minimum gross habitable floor area shall be 240 square feet for each developmentally disabled person and employee housed at the residence.
(4) 
No conditional use permit shall be granted if the number of developmentally disabled and mentally ill persons residing at such community residences exceeds 0.5% of the population of the Township.
(5) 
No community residence for the developmentally disabled shall be located upon a lot containing any other principal use, nor shall any structure or facility on the site be utilized to provide services for any persons not residing on the site.
(6) 
No community residence for the developmentally disabled shall be in excess of two stories in height, exclusive of basement areas. Basement areas shall not be utilized to house patients.
(7) 
Each community residence for the developmentally disabled shall submit proof of licensing by the Department of Human Services of the State of New Jersey.
(8) 
No community residence for the developmentally disabled shall be located within 1,500 feet of any other community residence for the developmentally disabled.
(9) 
No community residence for the developmentally disabled shall be located on any arterial roadway.
(10) 
No community residence for the developmentally disabled shall be located in areas of heavy vehicular or pedestrian traffic congestion, or in any area where, by reason of any condition existing in proximity to the proposed community residence for the developmentally disabled, the occupants of said proposed community residence for the developmentally disabled would be exposed to undue hazard.
(11) 
Each community residence for the developmentally disabled shall provide one off-street parking space for each employee on the shift employing the largest number of persons, plus one off-street parking space for each three developmentally disabled persons, or fraction thereof, residing at the site. The required off-street parking shall be subject to the provisions of this chapter and shall be screened from adjacent residentially zoned properties.
(12) 
No building utilized as a community residence for the developmentally disabled shall be constructed or altered so as to be inharmonious with the residential character of adjacent structures or provide services for any person not residing on the site.
A. 
Health-care facilities may be permitted as a conditional use in those zoning districts specified, provided that the lot, use and structures shall adhere to the following:
(1) 
A statement shall be submitted with the application setting forth the full particulars regarding the use, activities and requirements;
(2) 
The lot upon which the use is proposed and the building shall conform to the following minimum standards and requirements:
Minimum Area, Yard and Building Requirements
(a)
Lot requirements:
Lot area (acres)
5.0
Lot width (feet)
200
Lot frontage (feet)
200
Lot depth (feet)
250
(b)
Principal building requirements:
Front yard setback (feet)
100
Rear yard setback (feet)
50
Side yard setback, each side (feet)
50
Maximum building height (feet)
35
(c)
Accessory building requirements:
Front yard setback (feet)
Not permitted
Rear yard setback (feet)
30
Side yard setback (feet)
30
Maximum building height (feet)
25
Maximum building coverage (combined coverage of all principal and accessory buildings) (percent)
25
(3) 
A minimum of 16 patient beds shall be provided;
(4) 
Basement areas in health-care facilities shall not be included in calculating building height, nor shall these areas be utilized to house patients or for recreation areas; and
(5) 
All health-care facilities shall be licensed by and/or meet all applicable standards of federal, state and county regulatory agencies.
A. 
Home occupations. A home occupation may be permitted in those districts specified, subject to the following conditions:
(1) 
In addition to meeting the definitional requirement of this chapter, a home occupation shall further be defined as an accessory use that:
(a) 
Is clearly accessory and incidental to the detached single-family principal use of the structure and property.
(b) 
Is conducted entirely within the dwelling or accessory building.
(c) 
Is conducted by and limited to a member or members of the immediate family residing full-time in the single-family dwelling and no more than one employee or family member not residing in the principal dwelling.
(d) 
Occupies not more than 10% of the total floor area of the residential structure provided that the gross floor area of the structure shall meet or exceed the minimum habitable floor area requirement of the zone.
(e) 
Does not alter the residential appearance of a principal residential structure or the residential appearance of the property upon which it is conducted.
(f) 
Does not involve outdoor storage of equipment or materials.
(g) 
Does not involve signage other than a single lighted or unlighted identification sign not exceeding two square feet in area.
(h) 
Does not involve the retail sale of goods and/or services offered or produced by the home occupation from the property.
(i) 
Does not involve truck deliveries (except parcel delivery services, e.g., UPS) and no more than an average of 10 vehicle visits per week, including parcel delivery services (residential family or permitted employees shall not be included in this calculation).
(j) 
Does not constitute a nuisance to adjacent residential property for reasons of noise, odor, congestion, traffic, vibration, electrical interference and other causes.
(k) 
The total floor area utilized for home occupation within an accessory building does not exceed more than 10% of the total floor area of the principal dwelling.
(l) 
The quantity and type of solid waste disposal is the same as other residential uses in the zone.
(m) 
Minimum lot area: 20,000 square feet or the minimum lot area required in the zone, whichever is greater.
(2) 
The cumulative total floor area of all the home occupations conducted on any lot does not exceed 10% of the floor area of the principal dwelling.
(3) 
Permit requirements for home occupation.
(a) 
Prior to commencement of any home occupation use, a zoning permit for the home occupation use shall be issued by the Zoning Officer. The zoning permit shall be valid for a term of one year (12 months).
(b) 
Zoning permits for the home occupation shall be renewed on an annual basis upon satisfactory application to the Zoning Officer.
(c) 
The annual fee for a zoning permit for a home occupation shall be in accordance with Article XVI.
(d) 
Where required, proof of necessary federal, state and/or county approvals must be submitted with an application for a home occupation.
A. 
"Home professional office" may be permitted as a conditional use in those zones specified, provided that the use and/or structure shall adhere to the minimum standards of the particular zone and the following:
(1) 
A professional office shall be conducted entirely within the dwelling or accessory building to the dwelling, which is the bona fide residence of the practitioner.
(2) 
Not more than two persons outside the family shall be employed on the premises.
(3) 
Advertising shall be limited to the display of a professional nameplate not exceeding two square feet in area.
(4) 
Such use shall only be permitted as part of a detached single-family dwelling and that when such use is part of a residence there remains in the living quarters the minimum habitable floor area as required by this chapter.
(5) 
The lot fronts on and has access to a street other than the "local street" per the Master Plan.
(6) 
Minimum lot area: 20,000 square feet or the minimum lot area required in the zone, whichever is greater.
A. 
Hospitals and philanthropic or eleemosynary uses may be permitted as a conditional use in those zoning districts specified, provided that the lot, use and structures shall adhere to the following:
(1) 
Minimum area, yard and building requirements:
(a) 
Lot requirements:
Lot area (acres)
5.0
Lot width (feet)
200
Lot frontage (feet)
200
Lot depth (feet)
250
(b) 
Principal building requirements:
Front yard setback (feet)
100
Rear yard setback (feet)
100
Side yard setback, each side (feet)
100
Maximum building height (feet)
100
(c) 
Accessory building requirements:
Front yard setback (feet)
Not permitted
Rear yard setback (feet)
50
Side yard setback (feet)
50
Maximum building height (feet)
25
Maximum building coverage (combined coverage of all principal and accessory buildings) (percent)
25
(2) 
The site shall have frontage on and direct access to a major arterial or minor arterial;
(3) 
Off-street parking shall be provided in accordance with the requirements set forth in § 215-12.16.;
(4) 
The proposal use shall not be detrimental to the values of adjacent properties; and
(5) 
A statement shall be submitted with the application setting forth the full particulars regarding the use, activities and buildings.
A. 
Hotels and motels may be permitted as a conditional use in those zones specified, provided that the use and/or structures shall adhere to the minimum standards of the particular zone and the following:
(1) 
Minimum lot area: one acre.
(2) 
Minimum lot area per unit: 1,500 square feet.
(3) 
Efficiency apartments may be permitted by the Planning Board, provided that the applicant satisfactorily demonstrates that they will be utilized primarily for transients.
(4) 
Maximum lot coverage: 20%.
(5) 
Minimum unoccupied open space: 20%.
(6) 
No building shall be located closer than 50 feet to any property line.
(7) 
Minimum number of units: 20.
(8) 
No accessory building or parking area shall be located closer than 20 feet to a residential property line.
(9) 
No additional parking shall be required for swimming pools, provided that the pools are not open for use by the general public but are primarily for use of the guests at the hotel or motel. Swimming pools shall otherwise be subject to the provisions of § 215-7.9 of this chapter.
A. 
Kennels may be permitted as a conditional use in those zones specified, provided that the use and/or structures shall adhere to the minimum standards of the particular zone and the following:
(1) 
The minimum lot area shall be one acre.
(2) 
No structures, enclosures, pens, or runs shall be located closer than 50 feet to any lot line.
(3) 
Sufficient space shall be provided indoors for all animals kept at the facility and no animals shall be kept out of doors between 9:00 p.m. and 7:00 a.m.
(4) 
Not more than 10 dogs or cats or combination thereof for each acre of lot area shall be kept at any time.
(5) 
Outdoor runs or pens shall be visually screened from adjoining properties.
(6) 
Any such kennel shall also be approved by the Board of Health to ensure proper sanitation and compliance with applicable state and local health codes.
A. 
Long-term care facilities, assisted living facilities, residential health-care facilities; and continuing care retirement communities, may be permitted as a conditional use in the zoning district specified provided that the lot, use and structure adhere to the minimum standard of the particular zone and the following:
(1) 
Minimum lot area shall be three acres.
(2) 
Minimum lot width shall be 200 feet.
(3) 
Minimum lot depth shall be 200 feet.
(4) 
Minimum front yard setback shall be 50 feet.
(5) 
Minimum side yard setback shall be 50 feet.
(6) 
Minimum rear yard setback shall be 50 feet.
(7) 
Maximum percent of building and impervious coverage shall be 65%.
A. 
Public utility uses, such as water towers, pumping stations, electric substations, radio towers, transmission lines and switching stations, which must be provided above ground, may be permitted as a conditional use in those zoning districts specified, provided that the lot, use and structures shall adhere to the following:
(1) 
A statement shall be submitted with the application setting forth the reasons that the proposed installation must be provided above ground in a specific location why it is necessary and convenient for the efficiency of the public utility system or for the satisfactory and convenient provision of service by the utility to the neighborhood or area in which the particular use is to be located.
(2) 
Maximum lot coverage by buildings and structures, including swimming pools: 20% of the lot area.
(3) 
Minimum unoccupied open space: 20%.
(4) 
No building, structure, recreation area or parking area shall be located closer than 50 feet to a residential property line.
(5) 
The maximum membership limit of said organization shall be fixed at the time of application and shall be commensurate with the amount of land to be used and the exact nature of the use. No further expansion of said membership shall be made unless additional land is acquired and supplemental application is made to the Planning Board.
(6) 
Off-street parking requirements shall be determined by the Planning Board except that where swimming pools are provided, the off-street parking requirements shall be not less than the requirements under § 101-8.8C, plus such additional parking as may be deemed necessary by the Planning Board.
(7) 
The property must front on and have access to a principal arterial roadway.
A. 
Self-storage facilities may be permitted in those districts specified, subject to the issuance of a conditional use permit and adherence to the minimum requirements of the particular zone and the following standards:
(1) 
Minimum lot area: three acres.
(2) 
Minimum side and rear yard setback: 30 feet.
(3) 
Minimum width of landscape buffer between all residential uses and residential zones alongside and near property lines: 25 feet.
(4) 
Minimum width of landscape buffer alongside and rear property lines, all other uses: 20 feet.
(5) 
Screening shall be required in the front yard area to enhance the appearance or screen the self-storage facility from roadways. Such screening may consist of fences, walls, natural vegetation and landscaping, or some combination thereof, and shall be specifically approved by the Planning Board.
(6) 
Maximum building height: 24 feet and two stories.
(7) 
Lighting shall be in strict accordance with the requirements of § 215-12.19.
(8) 
No flammable materials, hazardous chemicals or explosives shall be permitted to be stored.
(9) 
The servicing, repair, or fabrication of motor vehicles, boats, trailers, lawn mowers, appliances or similar equipment shall be prohibited.
(10) 
Auctions, wholesale and retail sales, and garage and miscellaneous other sales shall be prohibited.
(11) 
The operation of power tools, spray painting, compressors and other similar equipment shall be prohibited.
(12) 
Outdoor storage shall be limited to the storage of boats, boat trailers and recreation vehicles, and any such storage shall not be visible from any property line.
(13) 
Maximum building coverage: 35%.
A. 
Truck terminals may be permitted as a conditional use in the zoning district specified, provided that the lot, use and structures shall adhere to the following:
(1) 
The required minimum lot area shall be three acres.
(2) 
Principal buildings and accessory building requirements and other lot bulk requirements for the particular zone within which the site is located shall apply.
(3) 
The required minimum unoccupied open space shall be 35%.
(4) 
No trucks shall be parked, stored or otherwise maneuvered within the front yard setback area.
(5) 
A heavily landscaped buffer area, a minimum of 25 feet in width, shall be provided along all rear and side property lines, where the parking, storing or maneuvering of trucks shall be prohibited.
(6) 
Trucks, including tractor or trailer units, parked or stored on the lot shall be arranged in an orderly manner in allocated spaces, as shown on an approved site plan.
(7) 
Trailer units shall be parked or stored only on paved surfaces, and concrete surfaces shall be required under trailer support devices (e.g., crank-down wheels or pads).
(8) 
All repair and service operations shall take place within completely enclosed buildings in compliance with setback requirements for the zone.
(9) 
At least 10% of the area devoted to truck parking and storage shall be landscaped. The landscaping should be located in protected areas along walkways, center islands and at the ends of the bays.
A. 
Veterinary clinics or hospitals or animal care facilities may be permitted as a conditional use in those zones specified, provided that the use and/or structures shall adhere to the minimum standards of the particular zone and the following:
(1) 
Minimum lot size: one acre.
(2) 
Minimum front yard setback, principal or accessory structures, including kennels, pens and runs: 100 feet.
(3) 
Minimum side and rear yard setbacks, principal or accessory structures, including kennels, pens and runs: 50 feet.
(4) 
No building or area used for kennels, pens or runs shall be located closer than 150 feet to any dwelling.
(5) 
Sufficient space shall be provided indoors for all animals kept at the facility, and no animals may be kept out-of-doors between 9:00 p.m. and 7:00 a.m.
(6) 
Detailed plans and proposals for sanitary sewage and solid waste disposal shall be submitted to the Planning Board.
(7) 
Provisions shall be made for noise control which as a minimum shall include:
(a) 
Soundproofing of all enclosed structures.
(b) 
Noise baffles or dense screening and landscaping of all outside pens, kennels, cages and runs.
(c) 
Secondary buffer plantings between pens, kennels, cages and runs and any exterior property line buffer strip when required by the Planning Board.
(8) 
All such facilities shall be licensed by and meet the requirements of any appropriate county, state or federal regulatory agencies.
(9) 
The property must front on a street classified as a major collector of minor or principal arterial roadway.
[Amended 12-27-2001 by Ord. No. 2001-035]
Sexually oriented businesses as defined herein may be permitted as a conditional use in the GB, HB or LI zones provided that the use and/or structures shall adhere to the minimum standards of the particular zone and shall meet the applicable criteria as required pursuant to this chapter. Sexually oriented businesses shall meet all of the provisions of the New Jersey Code of Criminal Justice as N.J.S.A. 2C:34-7, including the following locational and site requirements:
A. 
No person shall operate a sexually oriented business within 1,000 feet of any existing sexually oriented business, or any church, synagogue, temple or other place of public worship, or any elementary or secondary school or any school bus stop, or any municipal or county playground or place of public resort and recreation, or any hospital or any child-care center, or within 1,000 feet of any area zoned for residential use.
B. 
Every sexually oriented business shall be surrounded by a perimeter buffer of at least 50 feet in width with plantings, fence or other physical divider along the outside of the perimeter sufficient to impede the view of the interior of the premises in which the business is located.
C. 
No sexually oriented business shall display more than two exterior signs, consisting of one identification sign and one sign giving that the premises are off limits to minors. Both signs shall be building-mounted and shall not extend more than 12 inches from the face of the building. The identification sign shall in no case be greater than 40 square feet in size.
D. 
This subsection shall not apply to a sexually oriented business already lawfully operating on the effective date of this chapter where another sexually oriented business, an elementary or secondary school or school bus stop, or any municipal or county playground or place of public resort and recreation, or any hospital or any child-care center, is subsequently established within 1,000 feet.
[Amended 12-23-2002 by Ord. No. 2002-043]
A. 
Boat repair shops may be permitted as a conditional use in the zoning districts specified, provided that the lot, use and structures shall adhere to the minimum area, yard and building requirements of the particular district and to the following:
(1) 
No outdoor oil drainage pits shall be permitted.
(2) 
All repairs shall be performed in a specifically designated and approved area. Boat repair may include general boat maintenance activities, such as painting, sanding and winterizing, provided that all maintenance is performed in the designated area. Power washing shall be permitted provided the activity takes place in an approved containment area. Fiberglass repairs of boat hulls shall be permitted provided the repairs are performed within an approved and designated containment area.
(3) 
Sales of boats shall be permitted, however, no more than five boats may be displayed on the premises at any one time. Boats for sale may not be displayed in a location that is less than 25 feet from the front property line.
(4) 
Year round boat storage shall be permitted as an accessory use and in conjunction with the boat repair activity.
(5) 
Open or closed rack storage shall be prohibited.
(6) 
No boats shall be stored in the required front yard setback area.
(7) 
No boats shall be placed or stored within 20 feet of the side and rear yards property lines.
(8) 
All boats shall be screened from the public view by a solid fence and/or evergreen plantings, as required by the Planning Board.
(9) 
A minimum 10-foot wide landscape buffer, consisting of a fence and vegetation, shall be provided along the side and rear yards property lines.
(10) 
In the event that the foregoing standards conflict with any other standards in the chapter, these standards shall control.
(11) 
Boat repair shops and boat storage shall also comply with the following design standards. Relief from these standards may be granted pursuant to N.J.S.A. 40:55D-70c.
(a) 
Repair and maintenance materials, including flammable liquids, shall be stored in a fully enclosed building and in accordance with the standards set forth in § 215-11.18 and any other applicable local, state and federal standards.
(b) 
All repairs and maintenance activities on boats and facilities situated on the premises shall be performed by personnel employed by the boat repair/storage establishment, not individual boat owners.
(c) 
The hours of operation shall be limited to the time period between dawn to dusk.
(d) 
The storage of junk or dilapidated boats on the site shall not be permitted. All boats shall be, in the opinion of the Zoning Officer, in good working order, unless scheduled for repair. All boats shall have current registrations. The Code Enforcement Officer, upon just cause, may grant extensions to the registration requirement for up to 45 days.
(e) 
Boats shall be stored on trailers or blocks.
(f) 
Trailer storage shall be permitted.