A. 
In all requests for approval of conditional uses, the burden of proof shall be on the applicant. 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 proposed use(s), the character of the area, vehicular travel patterns and access, pedestrianways, landscaping, lighting, signs, drainage, sewage treatment, potable water supply, utilities, and building and structure location(s) and orientation(s). All proposed structures, equipment, and material shall be readily accessible for fire and police protection.
B. 
The proposed use shall be of such location, size and character that, in general, it will be in harmony with the appropriate and orderly development of the district in which it is proposed to be situated, will be free of nuisance characteristics, and will not be detrimental to the orderly development of adjacent properties in accordance with the zoning classification of such properties. Conditional uses must meet the requirements listed below, in addition to those outlined elsewhere. Applications for conditional use approval must satisfy all requirements set forth in Checklists 1, 2 and 9 in Chapter 218, Subdivision of Land and Site Plan Review.
A. 
A campground license must be granted by the Township Committee.
B. 
Minimum lot area shall be 300 acres.
C. 
Minimum lot frontage shall be 1,500 feet.
D. 
Compliance with all provisions of Chapter 104 of the Middle Township Code is required.
A. 
The following commercial uses are permitted only as an accessory to single-family dwellings by zone:
(1) 
Residential Business and Village Commercial: professional office, retail, and service uses only.
(2) 
Town Professional: professional office use only.
B. 
The business owner/operator must live in the dwelling.
C. 
The area devoted to the occupation shall be located within the dwelling unit or in any accessory building. The amount of space devoted to the occupation must be clearly incidental and secondary to the use of the main building for residential purposes. There shall be no more than one business establishment per property.
D. 
One sign shall be permitted, provided that the area does not exceed six square feet.
E. 
No more than two nonresident employees shall be permitted.
F. 
There shall be no exterior display of products, no exterior storage of materials and no other exterior indication of the occupation, except for one sign, that shall cause the premises to differ from the residential character of the area.
G. 
Parking for customers and employees shall be provided on site.
A. 
Bulk standards of any fueling station shall meet the district regulations or the regulations below, whichever are more restrictive:
Type
Requirement
Lot area
40,000 square feet
Lot width
150 feet
Lot frontage
150 feet
Yards:
Front
50 feet
Side (1)
25 feet
Total both sides
50 feet
Rear
50 feet
Accessory:
Side
20 feet
Rear
20 feet
Maximum building height
35 feet
Maximum impervious coverage
75%
B. 
No service station shall be located within 500 feet of any firehouse, school, playground, church, hospital, public building or institution.
C. 
All storage areas and trash facilities shall be suitably screened, and all pits, lifts and working areas shall be within a building. All lubrication, repair or similar activities shall be performed in an enclosed building, and no dismantled parts shall be placed outside.
D. 
All gasoline pumps, air pumps and the islands upon which pumps are normally located shall be set back from the street line at least 50 feet. A minimum space of 25 feet shall exist between any two islands and between any island and the service station building.
E. 
No junked motor vehicle or part thereof and no unregistered motor vehicle shall be permitted outside an enclosed service station building. No more than six motor vehicles may be located outside a service station building for a period not to exceed five days, provided that the owners are awaiting the repair of said motor vehicles.
F. 
The exterior display and parking of equipment for rent or sale shall be permitted, provided that the area devoted to this purpose is in addition to the minimum lot size required for a service station, the area devoted to this purpose does not exceed 20% of the total area of the entire site, and that the location of the equipment being rented or sold does not interfere with the required off-street parking requirements for the service station and does not interfere with the traffic circulation indicated on the approved site plan.
G. 
It is intended that service stations be designed compatibly with other permitted uses in the zone in which they are located. Ingress and egress shall be designed to recognize the turning movements generated. These access points shall be coordinated with the access points required for nearby uses, frequency of intersecting side streets, minimizing left turns off collector and arterial streets and maintaining building setbacks compatible with the required setbacks and landscaping.
H. 
No parking shall be permitted on unpaved areas.
I. 
Permitted accessories to a fueling station include retail, restaurant (including fast food), and car wash. Such uses shall meet all principal use bulk requirements. For car washes, the conditions in § 250-518 shall be met.
[Amended 12-17-2012 by Ord. No. 1432-12]
A. 
Purpose and intent:
(1) 
To protect and maintain the character of established residential neighborhoods, including freedom from noise, excessive traffic, nuisance, fire hazard and other possible adverse effects from certain commercial activities being conducted in residential areas.
(2) 
To recognize that certain professional and business uses, if property limited and regulated, can serve a benefit to the property owner and community.
(3) 
To acknowledge that in some cases the commercial activity increases beyond the limits originally intended, negatively impacting the surrounding neighbors, and resulting in the need for regulations and registration for proper and equitable enforcement.
(4) 
To grant permission for greater commercial activity on larger lots in rural areas, recognizing that the impacts will have less of an effect than on more densely populated neighborhoods.
B. 
Definitions.
HOME OCCUPATION
A business, profession, occupation or trade conducted for gain or support, within a legally existing residential building or an accessory thereto, which is clearly incidental and secondary to the use of such building for dwelling purposes, and which does not change the essential residential character of such building(s).
C. 
General regulations.
(1) 
The occupation shall be conducted entirely within the dwelling and/or within an accessory building, in accordance with the tier regulations below.
(2) 
That portion of the dwelling unit utilized for the home occupation shall not exceed 30% of the total floor area of said dwelling unit. Limits on accessory structures are outlined below.
(3) 
There shall be no exterior display of products, no exterior storage of materials and no other exterior indication of the occupation, except for where permitted in compliance with this section and indicated below, that shall cause the premises to differ from the residential character of the area.
(4) 
No machinery or equipment shall be used which will generate noise audible on adjoining properties. No occupation shall produce any offensive vibration, smoke, dust, odors, heat or glare.
(5) 
If the home occupation is open to the public, hours of operation must be within the hours of 8:00 a.m. to 9:00 p.m.
(6) 
Any need for parking generated by the business, either by the public or by employees, shall be on site. This shall be in addition to any parking required by the residential use.
(7) 
Home occupations are not permitted in townhome or multifamily residential developments.
(8) 
There shall be three tiers of regulations, depending on the zoning district and, in some cases, lot area of the residential property.
Regulation
Tier 1
Tier 2
Tier 3
Zoning district where permitted
All residential zones
All lots in R, SR, TP, VC, and VR
RB: lots less than 1 acre
RC: lots less than 2 acres
RB: lots 1 acre or greater
RC: lots 2 acres or greater
Maximum number of vehicles associated with the business
1 vehicle
2 vehicles
6 vehicles
Maximum number of commercial vehicles
None
1
6
Maximum number of trailers, on-site only
None
None
2
Open to the public
Not permitted to be open to the public
1 patron at any time
Up to 2 patrons at any time
Signage: maximum 1 unlit sign in all tiers, maximum size
2 square feet flush with residence
4 square feet flush with residence
6 square feet free- standing or wall sign
Number of nonresident employees
No employees working on site or picking up work vehicles
1 employee working on site; plus 1 employee picking up work vehicle
2 employees working on site; 6 employees picking up work vehicles
Maximum area
30% of dwelling or 400 square feet in accessory structure
30% of dwelling or 650 square feet in accessory structure
30% of dwelling or 1,500 square feet in accessory structure
Exterior storage
Not permitted
Not permitted
2% of lot area, maximum 1,000 square feet, not visible from any public right-of-way or adjoining property, 50-foot side and rear yard setback
NOTES:
Site plan approval is required for home occupations that meet any of the Tier 2 or Tier 3 provisions.
D. 
Administrative procedures.
(1) 
Within one year of adoption of this chapter, all existing home occupations shall register at the Middle Township Zoning Office. Any home occupations that received prior Planning or Zoning Board approval will be grandfathered under the existing approval.
(2) 
Site plan approval is required for home occupations that meet any of the Tier 2 or Tier 3 provisions.
(3) 
Any new home occupation shall be in compliance with this section and shall register prior to operation.
(4) 
A fee in the amount of $25 shall be paid when the registration application is submitted.
(5) 
Inspection. At any time, the Zoning Officer or Code Official may conduct an inspection of the home occupation to ensure compliance.
(6) 
Revocation of permit. If it is determined that the home occupation is not being conducted as specified in the registration, the registration will be revoked.
A. 
The use may include such medical, clinical, laboratory, research, training and educational facilities as have been granted certificates of need by New Jersey or are reasonably necessary to service the health needs of the region. Parking lots and garages for hospital-related uses, emergency transportation facilities, including heliports, and day-care centers are permitted.
B. 
The following bulk regulations shall apply:
Type
Requirement
Minimum lot area
8 acres
Minimum lot frontage
200 feet
Minimum lot width
200 feet
Minimum front yard
5 feet
Minimum side yard (each)
5 feet
Minimum rear yard
5 feet
Maximum coverage
The maximum combined coverage of all buildings and all other impervious surfaces shall not exceed 80% of the lot area.
Maximum height
No building or structure shall exceed a height of 100 feet, except communication towers, which shall not exceed 195 feet in height, and except as otherwise provided in this chapter.
C. 
Supplementary use, height, area and yard requirements with regard to this use. There shall be no limitation on the number of buildings permitted on a single lot.
D. 
Off-street parking and loading. The provisions of the Subdivision of Land and Site Plan Review Ordinance of Middle Township[1] shall apply, subject to the following buffer requirements:
(1) 
The minimum depth of the buffer strip required by the Subdivision of Land and Site Plan Review Ordinance shall be reduced to five feet.
(2) 
A thirty-foot buffer area shall be provided along any common property line within a residential district.
[1]
Editor's Note: See Ch. 218, Subdivision of Land and Site Plan Review.
A. 
The property shall be adjacent to a water body.
B. 
Restaurant use is a permitted accessory use and shall meet all bulk standards below.
C. 
Bulk requirements.
Type
Marina as Conditional Use in CD Zone
Minimum lot area
4 acres
Minimum lot width
100 feet
Minimum lot frontage
100 feet
Minimum yard, front
30 feet
Minimum yard, side
20 feet
Minimum yard, total side
40 feet
Minimum yard, rear
30 feet
Maximum coverage, building
40%
Maximum coverage, impervious
75%
Maximum building height
35 feet
Maximum number of stories
2.5
Accessory use - minimum yard, side
15 feet
Accessory use - minimum yard, rear
20 feet
D. 
Where the property line is also a zone boundary to a residential zoning district or borders a residential use, there shall be a twenty-five-foot buffer from the adjoining property line.
E. 
Buffer setbacks shall apply to any displays or equipment and exterior storage of materials used for commercial sales, unless specifically noted on approved site plans or permitted by license.
F. 
Any principal buildings may contain more than one use, provided that the total building coverage of the combined uses does not exceed the maximum building coverage specified for the district.
G. 
One resident manager's apartment shall be permitted for on-site supervision.
H. 
At least the first 10 feet adjacent to any street line and 10 feet adjacent to any lot line shall not be used for parking or driveway areas and shall be planted and maintained in lawn area, ground cover or landscaping with evergreen shrubbery and separated from the parking area by poured concrete curbing.
I. 
All business shall be conducted within an enclosed building, except that the outdoor display of certain items customarily displayed outside of an enclosed building, including boats and boat trailers, may be permitted. All outdoor display areas should be specifically shown on the approved site plan. No other merchandise, products or similar materials or objects shall be displayed or stored outside unless appropriately screened and maintained.
J. 
Any use resulting in the storage of boats outside shall have such area entirely enclosed by a fence, wall, plant material or combination thereof in order to provide a visual barrier between the storage areas and any street or property line. Boat storage/display may be permitted within the front or side yard if such yard is located on a state highway.
K. 
All buildings shall be compatibly designed, whether constructed all at one time or in stages over a period of time. All building walls facing any street or residential district line shall be suitably finished for aesthetic purposes, which shall not include unpainted or painted cinder block or concrete block walls.
L. 
All areas not utilized for buildings, parking, loading, access aisles and driveways or pedestrian walkways shall be suitably landscaped with shrubs, ground cover, seeding or similar plantings and maintained in good condition.
M. 
Pump-out station facilities shall be provided at all marinas that service boats that use the inland waterway.
A. 
No methadone clinic may be located within 750 feet of any residential district.
B. 
Each methadone clinic shall provide a one-hundred-foot landscape buffer to the property line of any adjacent residential use.
A. 
In all districts, public uses such as schools and government buildings and similar uses shall adhere to the most-restrictive bulk regulations for the zone.
B. 
The minimum lot size is one acre. For schools, the minimum lot area shall be five acres plus one acre for each 100 pupils for whom the school is designed.
C. 
All proposed facilities must demonstrate that adequate public services are available. The applicant must verify that the use will not generate subsidiary or satellite development.
D. 
Adequate loading and unloading areas for school buses or other transportation shall be provided on site in order that traffic on adjacent streets shall not be affected by queuing associated with the pickup and dropoff of students or participants. The site design shall include information verifying that adequate area is provided.
E. 
A fifty-foot landscaped buffer must be provided from the limits of all development associated with the school facility and any adjacent residential districts.
F. 
The design of any building must conform to the general character of the area and must not adversely affect the safe, comfortable enjoyment of property rights in the zone in which the facility is to be located.
G. 
The location of the facility must be reasonably necessary for the provision of services by the subject agency or authority to the neighborhood or general area in which the particular use is to be located.
A. 
For the purposes of this chapter, the term "public utility uses" shall include such uses as telephone equipment centers, power substations and generating facilities, sanitary sewer pumping stations, public water supply systems and other public utility services. It shall not include transmitting towers.
B. 
The proposed installation in a specific location must be reasonably necessary for the satisfactory provision of service by the utility to the neighborhood or area in which the particular use is to be located.
C. 
The design of any building in connection with such facilities must conform to the general character of the area and not adversely affect the safe, comfortable enjoyment of property rights in the zone in which it is located.
D. 
Adequate fences and other safety devices must be provided as may be required. Fences, when used to enclose public utility facilities such as electrical power substations, shall be built in accordance with the applicable requirements of the New Jersey Board of Public Utility Commissioners and the National Electrical Safety Code in effect at the time of construction.
E. 
Sufficient landscaping, including shrubs, trees and lawns, shall be provided and shall be periodically maintained.
F. 
Adequate off-street parking shall be provided.
G. 
All of the area, yard, building coverage and height requirements of the respective zoning district in which the public utility is to be located and other applicable requirements of this chapter must be met.
A. 
The applicant for a place of worship shall demonstrate that adequate public facilities are available.
B. 
The use must be designed to serve the needs of the general area in which it is to be located.
C. 
A minimum lot area of two acres is required.
D. 
The maximum permitted building coverage, including both principal and accessory structures, shall not exceed 30%.
E. 
A fifty-foot buffer to any adjacent residential uses and zones must be provided from the limits of all development.
F. 
The maximum height of the building may not exceed 35 feet, except that a steeple may extend to a height of 60 feet.
G. 
Any accessory uses, such as a day-care center, thrift store, hall that is rented for events, and other uses that impact parking, circulation, arrangement of buildings and any other considerations of this chapter, shall be subject to site plan review.
A. 
All equipment pits and similar facilities shall be within a fully enclosed building. All repair and similar activities shall be performed within the building.
B. 
No junked motor vehicle or part thereof or motor vehicle incapable of normal operation upon a highway shall be permitted in the area between the street right-of-way and the front setback line.
C. 
No more than six motor vehicles incapable of operation may be located upon the premises at any one time outside of a closed and roofed building. No vehicle may remain for a period of time exceeding 30 days. No dismantled motor vehicle or part thereof may be stored outside the building.
D. 
All areas used for temporary or permanent storage of motor vehicles shall be screened by a fence and/or evergreen plantings of a material or density sufficient to screen the area from sight. No storage area may be located between the street right-of-way and the front setback line.
A. 
A minimum lot area of two acres is required for self-storage warehouses.
B. 
All buildings shall be compatibly designed, whether constructed all at one time or in stages over a period of time. All building walls facing any street or residential zoning district line shall be suitably finished for aesthetic purposes, which shall not include unpainted or painted cinder block walls. The applicant shall provide architectural building elevations which indicate the color, texture and material(s) to be utilized in the building construction. The Planning or Zoning Board of Adjustment shall use its discretion to determine whether the proposed structures are compatible with the surrounding neighborhood.
C. 
Self-service storage facilities shall not exceed one story in height.
D. 
Chain-link fences are specifically prohibited in residential zoning districts.
E. 
All areas not utilized for buildings, parking, loading, access aisles and driveways or pedestrian walkways shall be suitably landscaped with shrubs, ground cover, seeding or similar plantings and maintained in good condition in accordance with the landscape standards as set forth in the Subdivision of Land and Site Plan Review Ordinance.[1]
[1]
Editor's Note: See Ch. 218, Subdivision of Land and Site Plan Review.
F. 
One resident manager's apartment shall be permitted for on-site supervision.
G. 
The facility shall agree to include in each lease a prohibition on the storage of toxic, explosive, hazardous, or illegal materials.
H. 
A fifty-foot buffer is required between any buildings abutting a residential zoning district property line, with a ten-foot landscaped buffer.
I. 
There shall be no exterior storage, except as approved as part of site plan review.
J. 
No commercial operations or transactions are permitted other than the renting of the storage units. Examples of prohibited activities include warehousing, servicing or repair of motor vehicles or boats or other equipment and any use that is offensive due to odors, dust, noise, fumes or vibrations.
A. 
Adequate fences and other safety devices must be provided as may be required. All fences shall comply with standards as set forth in the Subdivision of Land and Site Plan Review Ordinance.[1]
[1]
Editor's Note: See Ch. 218, Subdivision of Land and Site Plan Review.
B. 
Sufficient landscaping, including evergreen shrubbery, trees and lawns, shall be provided in accordance with the Subdivision of Land and Site Plan Review Ordinance.
C. 
Adequate off-street parking, as per the determination of the Board's professionals, shall be provided.
D. 
Buffers and bulk requirements must be provided in accordance with the requirements of the zone or in accordance with Subsections F and G below, whichever are more restrictive.
E. 
The permitted maximum height of a transmitting tower shall be 180 feet.
F. 
A minimum setback of 1,000 feet is required from any residential structure, a minimum setback of 100 feet from all property lines, and a minimum setback of 500 feet from any public roadway.
G. 
A two-hundred-fifty-foot buffer area shall be provided along any common property line with a residential use or residential district in accordance with the design specifications of the Subdivision of Land and Site Plan Review Ordinance (Chapter 218).
A. 
All fabricating, manufacturing or assembling of materials shall be conducted entirely within enclosed buildings.
B. 
All buildings shall be compatibly designed, whether constructed all at one time or in stages over a period of time. All building walls facing any street or residential district line shall be suitably finished for aesthetic purposes, which shall not include unpainted or painted cinder block walls. The applicant shall provide architectural building elevations which indicate the color, texture and material(s) to be utilized in the building construction. The Planning or Zoning Board of Adjustment shall use its discretion to determine whether the proposed structures are compatible with the surrounding neighborhood.
C. 
Each building shall have provisions for off-street loading and unloading with adequate ingress and egress from streets and shall provide such areas at the side or rear of the building. Each space shall be at least 15 x 40 feet.
D. 
There shall be at least one trash and garbage pickup location provided for each building, which shall be separated from the parking spaces by the storage of trash and/or garbage in a steel-like, totally enclosed container located in a manner to be obscured from view from parking areas, streets and adjacent residential uses or zones by a fence, wall, planting or combination of the three. If located within the building, the doorway may serve both the loading and trash/garbage functions. If a container is used for trash/garbage functions and is located outside the building, it may be located adjacent to or within the general loading area(s), provided that the container in no way interferes with or restricts loading and unloading functions.
E. 
The following bulk regulations shall apply:
Type
Wholesale Distribution, Sales and Warehousing
Lot area
1 acre
Lot width
100 feet
Lot frontage
100 feet
Yard, front
50 feet
Yard, side
20 feet
Yard, total side
50 feet
Yard, rear
75 feet
Coverage, building
40%
Coverage, impervious
75%
Building height
35 feet
Stories
2.5
Accessory use - yard, side
20 feet
Accessory use - yard, rear
20 feet
[Added 12-17-2012 by Ord. No. 1432-12]
A. 
Bulk standards of any car wash shall meet the district regulations or the regulations below, whichever are more restrictive:
Type
Requirement
Lot area
40,000 square feet
Lot width
150 feet
Lot frontage
150 feet
Yards:
Front
50 feet
Side (1)
25 feet
Total both sides
50 feet
Rear
50 feet
Accessory:
Side
20 feet
Rear
20 feet
Maximum building height
35 feet
Maximum impervious
75% coverage
B. 
Exterior vacuum stations shall be in the rear of the car wash building. A minimum space of 25 feet shall exist between any two vacuum stations and between any vacuum station and the principal building.
C. 
There shall be an area that allows stacking of a minimum of ten 10 cars.
D. 
A detail shop may be permitted as part of the car wash.
E. 
Retail sales of ancillary products are permitted.
F. 
Car washes are not permitted in the Cape May Court House Overlay Zone.
G. 
There shall be no other uses permitted on the site.