Aberdeen Township City Zoning Code
§ 25-6.6
Conditional Uses.
[Ord. No. 22-1990; Ord. No. 18-1996; Ord. No. 22-1998, § 6]
a.
Application Procedures. Before a construction permit or Certificate of Occupancy shall be issued for a conditional use as permitted by this chapter under N.J.S.A. 40:55D-1 et seq., application shall be made to the Planning Board for site plan review.
The Planning Board shall approve or deny conditional uses simultaneously with site plan or subdivision review.
The ninety-five (95) day time period for action by the Planning Board on conditional uses shall apply to such site plan review. Public notice of the hearing shall be required as stipulated in subsection 25-7.6e of this chapter.
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, pedestrian ways, landscaping, lighting, signs, drainage, sewage treatment, potable water supply, utilities and building and structure location(s) and orientation(s). Conditional uses must meet the requirements listed below in addition to those outlined elsewhere.
b.
Car Washes.
1.
All activities must be conducted within a totally enclosed building.
2.
Drainage from inside the building(s) shall feed into a sanitary sewer system. No dry well or septic tank will be permitted in connection with this use.
3.
This use shall not include a self-service or coin-operated car wash area in any form.
c.
Hotels and Motels.
1.
Any hotel or motel that may be constructed must be on a lot with a minimum of three (3) acres and must contain a minimum of twenty (20) units of accommodation exclusive of a permanent on-site superintendent's living quarters. The minimum number of units of accommodation which may be constructed in any single building shall be ten (10).
2.
Each unit of accommodation shall contain a minimum floor area of two hundred fifty (250) square feet. Ceilings shall be a minimum of seven and one-half (7 1/2) feet in height.
3.
Each unit of accommodation shall include a minimum of two (2) 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.
All of the area, yard, building coverage and height requirements of the respective zone and other applicable requirements of this chapter must be met.
d.
Public Utility Uses.
1.
For purposes of this chapter, the term "public utility uses" shall include such uses as telephone, dial equipment centers, power substations, CATV towers and other public utility services, but shall not include service or storage yards or similar uses.
2.
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.
3.
The design of any structure built 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.
4.
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.
5.
Sufficient landscaping, including shrubs, trees and lawn, shall be provided and be periodically maintained.
6.
Adequate off-street parking shall be provided.
7.
All of the area, yard, building coverage and height requirements of the respective zone must be met.
e.
Auto Service Stations.
1.
No service stations shall be located within five hundred (500) feet of any fire house, school, playground, church, hospital, public building or institutions nor shall any service station be located within one thousand five hundred (1,500) feet of another service station. These distances shall be measured on a straight and horizontal plane from the outer boundaries of the property lines.
2.
All appliances, pits, storage areas and trash facilities, other than gasoline filling pumps or air pumps, shall be within an enclosed building. Gasoline filling pumps and air pumps shall be permitted within the required front yard space of service stations but shall be no closer than fifty (50) feet to any future street line and twenty (20) feet from any property line. All lubrication, repair or similar activities shall be performed in a fully enclosed building, and no dismantled parts shall be displayed outside of an enclosed building.
3.
No junked motor vehicle or part thereof shall be permitted on the premises of any service station. It shall be deemed prima facie evidence of violation of this chapter if more than three (3) motor vehicles incapable of operation are located at any one (1) time upon any premises and not within a closed and roofed building, except, however, that a number not exceeding six (6) motor vehicles may be located at any one (1) time outside a closed or roofed building for a period of time not to exceed two (2) days, providing that the owners of said motor vehicles are awaiting their repair.
4.
Landscaping shall be provided in the front yard area equal to at least twenty-five (25%) percent of the front yard area, and such landscaping shall be reasonably distributed throughout the entire front yard area.
5.
The exterior display and parking of motor vehicles, trailers, boats or other similar equipment for sale or rental purposes shall not be permitted as part of a service station.
6.
No parking shall be permitted on unpaved areas.
7.
Auto service stations shall be permitted the following signs:
(a)
One (1) free-standing sign advertising the name of the station or garage and the principal products sold on the premises, including any special company or brand name, insignia or emblem, provided that each such sign shall not exceed thirty-five (35) feet in area on a side and shall be set back twenty (20) feet from street lines and fifty (50) feet from side lot lines and provided further that the sign shall be not less than ten (10), nor more than twenty (20), feet above the ground.
(b)
One (1) temporary sign located inside the property line and specifically advertising special seasonal servicing of automobiles, providing that said sign does not exceed seven (7) square feet in area.
(c)
Directional signs or lettering displayed over individual entrance doors or bays and consisting only of the words "washing," "lubrication," "repairs," "mechanic on duty" or other words closely similar in import, provided that there shall not be more than one (1) such sign over each entrance or bay.
(d)
Customary lettering or other insignia which are a structural part of a gasoline pump, consisting only of the brand name of a gasoline sold, lead warning sign, a price indicator and any other sign required by law.
f.
Offices.
1.
Buildings for business and professional offices may be integrated into the overall plan for the site. Consideration shall be given to the compatibility of the design with the residential structures, safe integration of the traffic circulation system, and harmonious and complementary landscaping.
2.
Office uses may not occupy the same building as residential uses.
3.
Office buildings must be located so as to minimize traffic impact on the residential portions of the site.
4.
Minimum tract size shall be eighty thousand (80,000) square feet.
5.
Buildings may cover no more than twenty (20%) percent of the site.
g.
Local Retail Sales of Goods and Services.
1.
The purpose of permitting local retail sales of goods and services in the "RA-PRD" District as conditional uses is to provide for the opportunity for neighborhood retail activities proximate to a planned residential development which is developed at a higher density than other permitted residential developments.
2.
The lot size devoted to the local retail sales of goods and services shall be between twenty thousand (20,000) square feet and twenty-five thousand (25,000) square feet in area, provided that all area, yard and coverage requirements specified in subsection 25-4.5e for uses in the "NC" District are met.
3.
Retail sales of goods and services shall be located on a lot which has vehicular access frontage on a road under the jurisdiction of Monmouth County.
4.
The lands to be utilized for retail sales of goods and services shall be contiguous to a planned residential development (PRD) and the total acreage of lands devoted to such uses shall not exceed one (1%) percent of the land area of the planned residential development.
5.
Retail uses shall be suitably screened from adjacent residential uses. If provisions for such screening exist or have been approved off-site in such a manner as to satisfactorily screen the nonresidential uses from the residential uses, then, upon review and approval by the Planning Board, this condition may be deemed to have been met.
h.
Amusement Arcades.
1.
Amusement arcades shall be permitted only within the "HC" Highway Commercial, the "RC" Regional Commercial or the "LI" Light Industrial zoning districts and only on tracts of land which directly abut New Jersey State Highway 35.
2.
An amusement arcade may be the sole use within a building or may be one (1) of a number of uses within a building (i.e., a "Shopping Center", "Strip Mall", etc.), provided only one (1) amusement arcade shall be located within any building.
3.
An amusement arcade shall be oriented towards families and particularly to children and young adolescents.
4.
No amusement arcade shall be open for business earlier than 10:00 a.m. nor close later than 11:00 p.m.
5.
An amusement arcade may sell food and drinks except that no alcoholic beverages of any kind may be sold or consumed on the premises.
6.
All activities of an amusement arcade shall occur indoors.
7.
All of the requirements specified for the "Retail Sales of Goods and Services" within the "HC" zoning district (i.e., subsections 25-4.6a—g), the "RC" Zoning District (i.e., subsections 25-4.7a—g) or the "LI" Zoning District (i.e., subsections 25-4.11a—g) shall be applicable, although the Planning Board shall have the right to grant variances from any of these requirements without necessitating the applicant to proceed to the Zoning Board of Adjustment for any variance approval.
8.
An amusement arcade shall only have "amusement games" authorized under the provisions of the "Amusement Games Licensing Law", N.J.S.A. 5:8-78 et seq., provided a license for the "amusement games" has been obtained from Aberdeen Township in accordance with the regulations promulgated by the New Jersey State Commissioner of Amusement Games Control.
i.
Storage Yards for Towed Inoperable Vehicles.
1.
The operator of the storage yard shall be in possession of a towing contract with the Township of Aberdeen.
2.
A zoning permit for the use of the lot as a storage yard for towed inoperable vehicles shall be required, or the appointment approval from the Township with jurisdiction over the lot.
3.
The storage yard shall only used for the storage of inoperable vehicles and tow trucks of the towing contract operator.
4.
Parking of inoperable vehicles outside the required fence shall not be permitted.
5.
There shall be no piling of vehicles.
6.
The size of the storage yard area which is required to be enclosed by a fence shall be no less than four thousand (4,000) square feet and no greater than six thousand (6,000) square feet in area.
7.
The storage yard shall be surrounded by a fence not less than six (6) feet in height and not greater than eight (8) feet in height. The fence shall be a stockade wood fence where the fence fronts on, or is visible from, a street or residential zoning district or use, with the finished side of the fence facing outward so that the supporting members of the fence are internal to the storage yard. (See Section 508 for additional standards.)
8.
At least the first twenty-five (25) feet adjacent to a street line or lot line common with a residential zoning district or use and the first ten (10) feet adjacent to any lot line shall be a landscaped buffer area with adequate evergreen shrubbery to screen the storage yard from view. The fence shall be placed behind the buffer area. (See subsection 25-5.5 for additional standards.)
9.
The surface of the storage yard may be of towing gravel or earth. The area outside the fenced storage yard shall be suitably landscaped. The lot shall be adequately drained and shall not adversely affect any adjoining property. (See subsection 25-5.6 for additional standards.)
10.
When access is needed to the storage yard during hours of darkness, lighting shall be required in the storage yard. (See subsection 25-5.9 for additional standards.)
11.
One (1) sign of twelve (12) square feet shall be permitted in addition to other permitted signs, provided the sign displays the name of the towing service only and that it is located as required for any other sign in the applicable zoning district. (See subsection 25-5.18 for additional standards.)
12.
All of the height, building setbacks and general requirements of the respective zoning districts and other applicable requirements of this chapter must be met.