The purpose of this article is to set forth
a complete and comprehensive scheme of orderly procedure for obtaining
from the Board of Adjustment permits for special exception uses of
lands and premises in accordance with N.J.S.A. 40:55-39b.
Application for a permit for any special exception
use shall be made to the Board of Adjustment by filing an application
with the Zoning Officer. Such application shall set forth and be accompanied
by the following:
A. A site plan drawn in accordance with Chapter
236, Site Plan Review, which site plan shall, in addition, show the location, type or kind of structure and present use of all buildings within 200 feet of the boundary lines of the lot.
B. Where the applicant is a person other than the owner
of the lot, the written consent of such owner or owners authorizing
the filing of the application.
Anything in this chapter to the contrary notwithstanding,
the Board of Adjustment shall not order, direct or authorize the issuance
of a permit for a special exception use, unless the site plan shows
that the requirements for the particular use as set forth below have
been met.
A. Gasoline service stations.
(1) The lot or parcel of land so to be used has a street
frontage of at least 125 feet and an average depth of at least 125
feet.
(2) The walls of any building are set back at least 50
feet from a residential zone boundary, at least 25 feet from every
adjoining property line and at least 40 feet from a street right-of-way
line.
(3) Entrance and exit driveways shall be no more than
30 feet in width with a three-foot radius at the curbline. There shall
be a safety zone between driveways of at least 25 feet and driveways
shall be at least 10 feet from adjoining property lines.
(4) Corner lots shall have a corner radius of at least
25 feet, and driveway entrances shall start at least 20 feet from
the radii tangent points.
(5) Every gasoline or oil tank, pump or other device,
appliance or apparatus shall be located at least 25 feet from a street
right-of-way line, at least 25 feet from a residential zone boundary
and at least 10 feet from any lot line.
(6) Floor drains shall not be connected to any sanitary
sewer or storm sewer system nor discharged into the ground.
(7) The nearest boundary line of the lot or parcel of
land so to be used is at least 300 feet measured in a straight line
on either the same or opposite side of the street from the boundary
line of property which is used as or upon which is erected:
(a)
A public or private school or playground.
(b)
A church or other place of worship.
(d)
A public building or place of public assembly.
(e)
A theater or other building or structure used
or intended to be used for public entertainment.
(f)
A public playground or civic center.
(g)
A firehouse or fire station.
(h)
An existing gasoline service station.
(8) Gasoline pumps and other apparatus shall be so located
as to permit safe and convenient traffic circulation.
(9) Adequate parking for automobiles of employees and
patrons shall be provided. There shall be at least two spaces for
employees and patrons, plus two spaces for each garage bay. These
spaces shall be suitably defined.
(10)
There shall be no outdoor storage of supplies,
materials or automobile parts, whether for sale, storage or waste.
(11)
Repair work, other than incidental minor repair,
shall take place within a fully enclosed building, and all repair
or service apparatus shall be located within the building.
(12)
All paved areas within the property shall be
bounded by concrete curbing at least six inches above the surface.
Said curbing shall be at least five feet from a lot line, 10 feet
from a street line and 10 feet from a residential zone boundary.
(13)
No part of any public garage or automotive service
station operation, except off-street parking, shall be conducted within
25 feet of a residential zone boundary. A six-foot unpierced fence
shall be installed along any residential zone boundary.
(14)
All unpaved areas shall be attractively landscaped
with grass lawns, trees and shrubs or other vegetation or material
as the Board of Adjustment may approve or require.
(15)
All storage tanks shall be installed below ground
level in accordance with local codes.
(16)
The Board of Adjustment may impose such conditions
and safeguards as it deems appropriate, with respect to, among other
matters, the minimizing of traffic congestion by appropriate arrangement
of entrances and exits, to assure public safety.
(17)
The requirements of Subsection
B shall be met.
B. Other special exception uses.
(1) The lot shall conform to the lot area and coverage
requirements of the zone in which it is located.
(2) All buildings shall meet the required conditions of
the zone in which the use is located.
(3) Adequate provision shall be made for off-street parking in accordance with Article
XVIII.
(4) The development and operation of the proposed use
will conform to the general purpose for which the district is established.
(5) The proposed use will not impair the present or potential
use of adjacent properties.
(6) The proposed use will be consistent with the development
of the district as shown on the Master Plan adopted by the Planning
Board.
(7) The Board of Adjustment shall be further guided in
determining whether or not to recommend the special use of property
under the provisions hereof by taking into consideration such things
as capacity of streets and roads, public services to serve the applicants'
requirements, the general welfare of the neighborhood and the community,
provision for surrounding open spaces and treatment of grounds, off-street
parking, landscaping and screening, noise, hazard of fire, explosion
or air pollution, vibration, glare and other necessary safeguards
to preserve the public health, comfort and convenience and without
substantial detriment to the public good.
(8) In the event that the Board of Adjustment shall require
the investigation, advice or testimony of expert consultants to assist
in a determination as to whether the proposed use conforms to the
standards established for a particular district, a deposit in an amount
not to exceed $500 may be requested from the applicant to defray the
cost of said expert consultants.