Belmar City Zoning Code
ARTICLE VI
Conditional Uses
§ 40-6.1 Purpose.
[Ord. No. 1992-32 § 6.1]
Certain uses are necessary to serve the needs of the Borough's citizens but such uses may become inimical to the public health, safety, and welfare unless established according to specifications and standards controlling their limit and extent. Accordingly, this chapter designates such uses as conditional uses to be permitted only if the conditions specified by this Article are complied with as determined by the review of the Planning Board.
§ 40-6.2 General Provisions.
[Ord. No. 1992-32 § 6.2]
The following shall apply to the review and approval of a conditional use.
a.
The use for which an application is being made shall be specifically listed as a conditional use within the zone where the property is located.
b.
Site plan approval shall be required unless otherwise specified in this chapter.
c.
The conditional use shall comply with the design standards, improvement standards, and document submittal requirements of this chapter unless a requirement is waived by the approving authority.
d.
The conditional use shall adhere to the additional standards specified under this Article for the particular use.
e.
The approving authority may impose additional requirements to protect the public health, safety, and welfare which it deems necessary by reason of the location or other factors related to a particular application. Such requirements shall be provided for and maintained as a condition of the establishment of the use.
§ 40-6.3 Places of Worship.
[Ord. No. 1992-32 § 6.3]
Places of worship may be permitted as a conditional use in those zones specified provided that the use and/or structures shall adhere to the following:
a.
The use shall adhere to the minimum standards of the particular zone district or to the following standards, whichever is more restrictive:
b.
No accessory building shall be located closer than 15 feet to any side or rear residential property line.
c.
The height of structures to be constructed may exceed the maximum height requirements of this chapter, provided, however, that the front, rear and side yard requirements set forth above shall be increased by two feet for each foot by which the height of the structure exceeds the maximum height which would be otherwise permitted by this chapter, and further provided that in no case shall any structure exceed 50 feet in height.
d.
Maximum lot coverage shall be 50% unless a higher coverage is permitted by the zone district. Maximum floor area ratio shall be 0.30 and Maximum building coverage shall be 30%, unless higher ratios are permitted by the zone district.
e.
Parking shall be provided as required by Article 9 of this chapter except that the Municipal Agency may determine that additional parking be required for any ancillary or accessory uses.
§ 40-6.4 Public Utilities.
[Ord. No. 1992-32 § 6.4]
Public utility uses, such as telephone dial equipment centers, power substations and other public utility services (but not service or storage yards), which must be provided above ground, 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:
a.
A statement is submitted setting forth the reasons that the proposed installation must be provided above ground in a specific location and 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.
b.
The design of any building in connection with such facility conforms to the general character of the area and will not adversely affect the safe and comfortable enjoyment of property rights of the zone in which is located.
c.
Adequate and attractive fences and other safety devices will be provided. Fences, when used to enclose public utility facilities such as electrical power substations, shall be built in accordance with the requirements of the N.J.B.P.U. Commissioners and the N.J. Uniform Construction Code.
d.
Sufficient landscaping including shrubs, trees and lawn are provided and will be periodically maintained.
e.
The public utility use and lot meet all the applicable minimum requirements of the district in which it is located, except that it need not have the minimum required lot area. Only one principal building will be permitted on the lot and a paved parking area is required.
f.
The public utility use and lot shall meet all of the applicable landscaping and buffer requirements pertinent to the zone in which it is located.
§ 40-6.5 Motor Vehicle Service Stations.
[Ord. No. 1992-32 § 6.5]
Motor vehicle service stations 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:
a.
The site plan shall show the number and location of fuel tanks to be installed, the dimensions and capacity of each storage tank, the depth the tanks will be placed below the ground, the number and location of pumps, wash racks, lubrication bays, air hoses and any other similar equipment to be installed, the type of structure and accessory buildings to be constructed, and the number of automobiles which are to be garaged.
b.
Motor vehicle service stations shall have a lot area of not less than 20,000 square feet with a minimum frontage of 150 feet on one street. If the lot requirements for the zone are greater, they shall take precedence. No building shall be constructed closer than 50 feet to any street line or closer than 20 feet to any lot line. Where a filling station or public garage abuts a residential zone along a side property line, the side yard setback for the filling station or public garage shall be increased from 20 feet to 50 feet and a twenty-foot wide planting screen approved by the Planning Board shall be provided along the entire side property line.
c.
No motor vehicle service station shall be located within 500 feet of any existing motor vehicle service station property or any public entrance to a church, school, library, fire station, playground, charitable institution, or place of public assemblage. The distance shall be measured in a straight line along the centerline of streets forming the shortest route from a point opposite the nearest boundary from said public entrance to a point opposite the nearest boundary of the service station lot.
d.
Driveways shall cross the sidewalks at right angles and not be more than 20 feet wide at any point thereof. Driveways shall be at least 20 feet from any side lot line and at least 30 feet from the intersection of street lines. No more than two driveways shall be permitted for each 100 feet of street frontage.
e.
The nearest boundary line of the lot or parcel of land so to be used shall be at least 100 feet measured in a straight line from the intersection of any two streets.
f.
All fuel pumps, air hoses and any other equipment used in servicing cars shall be located at least 30 feet from all street lines and 20 feet from other property lines.
g.
No vehicle shall be permitted to be standing or parked 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.
h.
All fuel tanks shall be installed underground in accordance with applicable Federal and State requirements.
i.
No outdoor oil drainage pits, hydraulic lifts, racks or repair work shall be permitted.
j.
Any repair, lubrication or other similar services to motor vehicles shall be performed in a fully enclosed building. No parts or partially dismantled motor vehicle may be stored out-of-doors.
k.
Coin operated service stations are not permitted.
l.
No auto body work shall be permitted.
m.
Illumination shall be such that no direct glare from the lights shall fall upon adjoining streets or properties.
n.
Sale of new or used cars on the premises of a service station is prohibited.
o.
Accessory goods for sale may be displayed on the pump islands and the building island only. The outside storage of oil cans and/or anti-freeze and similar products may be displayed on the respective islands, if provided for in a suitable metal stand or rack.
p.
The Municipal Agency shall determine that the planning of the lot is properly suited to the area and in connection therewith may require adequate buffers of foliage or screen fencing, if necessary, to protect surrounding properties from any lights or noises that may be generated from the property.
q.
Motor Vehicle service stations and public garages shall be permitted the following signs:
1.
One free-standing sign advertising the name of the station or garage and the principal products sold on the premises. Each sign shall not exceed 35 square feet on a side and shall be set back 10 feet from the front property line and 10 feet from the side property lines. The sign shall not exceed 15 feet in height. However no pylon signs shall be permitted on Ocean Avenue or Main Street.
2.
Directional signs or lettering displayed over individual entrance doors or bays consisting only of the words "washing," "lubrication," "repairs," "mechanic on duty," or other similar words, provided that there shall be no more than one such sign over each entrance or bay.
r.
Parking shall be as provided in Article 9 of this chapter.
§ 40-6.6 Elementary and Secondary Schools.
[Ord. No. 1992-32 § 6.6]
Public, private or parochial elementary or secondary schools, duly licensed by the State of New Jersey, attendance at which is in sufficient compliance with the compulsory education requirements of the State 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:
a.
Convents, rectories, social halls and similar uses which are accessory to the educational use shall be permitted.
b.
Nursery schools with an attendance of more than 25 children shall be considered educational uses and shall be subject to the provisions of this section.
c.
Nursery schools serving more than 25 children shall contain a minimum lot area of 15,000 square feet plus 5,000 square feet for each additional 25 children or fraction thereof. A portion of the lot shall be designated for recreational uses and parking areas subject to Planning Board approval. The nursery school shall meet all applicable State requirements.
d.
Where a nursery school is prepared in conjunction with an established institution, such as a place of worship, the minimum lot size shall be in accordance with the provisions applicable to the primary institution. Adequate parking facilities, which may be provided in a shared parking lot arrangement, shall be provided by the applicant, subject to approval by the appropriate Municipal Agency. A fenced playground shall also be provided by the applicant, subject to Planning Board approval.
e.
Where an elementary or secondary school alone is proposed, the minimum lot area shall be 40,000 square feet. The school shall meet all State requirements set forth under N.J.A.C. Title VI, 6:22, 1.2. In addition, parking areas, recreational facilities and buffers shall be provided by the applicant and shall be subject to approval by the appropriate Municipal Agency.
f.
Where an elementary or secondary school is proposed in conjunction with an established institution such as a place of worship, the minimum lot size shall be at least the minimum required for the primary institution. Adequate parking facilities, recreation areas and buffers shall be provided by the applicant, subject to approval by the appropriate Municipal Agency. The lot shall meet all State Requirements as set forth in N.J.A.C. Title VI, 6:22, 1.2.
g.
Educational uses shall be screened from adjacent residential zones or uses and/or provide fencing along such property lines as may be deemed adequate by the appropriate Municipal Agency.
h.
Wall and ground signs shall be permitted subject to the requirements of Article 5 and Article 7.
i.
Parking shall be as provided in Article 9 of this chapter or in the alternative, as set forth by the appropriate Municipal Agency at the time of application.
§ 40-6.7 Nursery Schools.
[Ord. No. 1992-32 § 6.7]
Nursery schools serving more than five but not more than 25 children 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 zones and the following:
a.
A statement setting forth full particulars on the building and/or use is submitted.
c.
The use shall be screened from adjacent residential zones and existing residential structure.
d.
Wall and ground signs shall be permitted subject to the requirements of Article 5 and Article 7.
e.
Parking shall be as provided in Article 9 of this chapter.
f.
Any nursery school shall conform to applicable State requirements.
§ 40-6.8 Community Residence for the Developmentally Disabled and Shelters for Victims of Domestic Violence.
[Ord. No. 1992-32 § 6.8]
Community Residences for the Developmentally Disabled or Shelters for Victims of Domestic Violence housing more than six, but less than 16 persons, excluding resident staff, 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:
a.
A statement setting forth the full particulars on the building and/or use as submitted.
b.
Minimum Lot Area: Not less than the minimum lot area required for single family homes in the zone.
c.
Minimum Gross Habitable Floor Area: 240 square feet for each person or resident staff member housed at the residence or shelter.
d.
No conditional use permit shall be granted if the number of persons (other than resident staff) resident at all existing such community residences or shelters within the Borough exceeds 50 persons or 0.5% of the population of the Borough, whichever is greater. Community residences or shelters must be duly licensed pursuant to the applicable Statutes.
e.
No Community Residence for the Developmentally Disabled or Shelter for Victims of Domestic Violence shall be located upon a lot containing any other use, nor shall any structure or facility on the site be utilized to provide services for any person not residing on the site.
f.
No Community Residence for the Developmentally Disabled or Shelter for Victims of Domestic Violence shall be in excess of two stories in height, exclusive of basement areas. Basement areas shall not be utilized for living, sleeping or recreation areas.
g.
As a condition of approval and prior to commencement of operation, each Community Residence for the Developmentally Disabled or Shelter for Victims of Domestic Violence shall submit proof of licensing by the Department of Human Services of the State of New Jersey.
h.
No Community Residence for the Developmentally Disabled or Shelter for Victims of Domestic Violence shall be located within 1,500 feet of any other Community Residence for the Developmentally Disabled or Shelter for Victims of Domestic Violence.
i.
No Community Residence for the Developmentally Disabled or Shelter for Victims of Domestic Violence shall be located in any area 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 Developmentally Disabled, the occupants of said Community Residence for Developmentally Disabled would be exposed to undue harm, danger or discomfort.
j.
Each Community Residence for the Developmentally Disabled or Shelter for Victims of Domestic Violence shall provide one off-street parking space for each resident staff member, plus 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 victims of domestic violence residing on the site, or fraction thereof. The off-street parking shall be screened from adjacent residentially zoned properties.
k.
No building utilized for a Community Residence for the Developmentally Disabled or Shelter for Victims of Domestic Violence shall be constructed or altered so as to be inharmonious with the residential character of adjacent structures and residential zones.
§ 40-6.9 Hotels and Motels.
[Ord. No. 1992-32 § 6.9]
a.
Any hotel or motel that may be constructed on a lot or parcel of land must contain a minimum of at least ten units of accommodation, exclusive of a permanent, on-site superintendent's living quarters. The minimum number of units of accommodation in any single building shall be five.
b.
Each unit of accommodation shall contain a minimum floor area of 250 square feet. Ceilings shall be a minimum of 7 1/2 feet in height.
c.
Each unit of accommodation shall include a minimum of two rooms, a bedroom and a separate bathroom which affords privacy to a person within said room and which is equipped with a "toilet," a "wash basin" and a "bathtub" or "shower," all properly connected to an approved water and sewer system. Not more than 20% of all units of accommodation may contain kitchen facilities.
d.
The first floor areas of hotels and motels may be used for offices and neighborhood commercial uses limited to such kinds of offices as the professional offices of physicians, dentists, attorneys, engineers, architects, planners, real estate brokers, insurance offices and branch banks and such commercial uses as a barber shop, beauty salon, drugstore, laundromat, souvenir shop, novelty store, delicatessen, coffee shop and restaurant.
e.
Each motel or hotel shall provide parking at a ratio of one parking space per unit of accommodation plus one space for every five employees. Parking shall be provided for commercial uses at the ratio prescribed in Subsection 40-9.2.
f.
Open balconies above the first floor on hotels and motels may extend up to six feet beyond the building line.
g.
Area and Yard Requirements for Hotels and Motels.
Principal Buildings | |
|---|---|
Minimum lot area | 22,500 square feet |
Minimum lot frontage | 150 feet |
Minimum lot width | 150 feet |
Minimum side yard (each) | 15 feet |
Minimum front yard | * |
Minimum rear yard | 20 feet |
Maximum height | 35 feet |
Accessory Buildings | |
Minimum distance to side line | 10 feet |
Minimum distance to rear line | 10 feet |
Minimum distance to other buildings | 10 feet |
Maximum building coverage of principal and accessory buildings | 50% |
* | Front yard to be determined on the basis of the average front yard depth within the block (or adjacent block if there are no existing buildings on the block) but in any event not less than 20 feet. |
h.
A swimming pool shall be a permitted accessory use to a hotel or motel.
i.
Off-street parking shall be as provided in Article 9 of this chapter.
§ 40-6.10 Hospitals, Philanthropic and Eleemosynary Care Uses.
[Ord. No. 1992-32 § 6.10]
Hospitals, philanthropic and eleemosynary care uses may be permitted as a conditional use in the zones specified provided that the use and/or structures shall adhere to the following:
a.
Bulk and Area Requirements.
1.
Minimum lot size is one acre.
2.
Setbacks:
Front yard | 20 feet |
Side yard | 20 feet |
Rear yard | 20 feet |
3.
Total building coverage not to exceed 40% of the total lot area.
4.
All other zone district requirements for the zone in which the use is located shall apply.
5.
The proposed use shall not be detrimental to surrounding property values.
6.
The proposed development shall further the general welfare of the Borough of Belmar.
7.
The height of any building shall, in no case, exceed 50 feet. The front, side and rear yard setbacks shall be increased by one foot for each foot by which the building exceeds the maximum height limit in the zone in which the use is to be located.
8.
Off-street parking shall be as provided in Article 9 of this chapter.
§ 40-6.11 Bed and Breakfasts.
[Ord. No. 1992-32 § 6.11; Ord. No. 2012-07]
Bed and breakfasts may be permitted as a conditional use in the zones specified provided that the use and/or structures adhere to the minimum standards of the particular zone and to the following:
a.
Bed and breakfast inns shall provide breakfast for registered guests in the forenoon of each day. No other meals may be served, except for lunch meals and desserts and non-guests may not be served breakfast, lunch, or dessert.
b.
No cooking facility shall be allowed in guest rooms.
c.
Guest occupancy shall be limited to 30 successive days or not more than 30 days in any period of 60 successive days.
d.
Common areas to be provided for exclusive use of the guests must be at least 300 square feet (parlors, dining rooms and the like).
e.
Bed and breakfast inns shall be managed and occupied by the owners of the property.
f.
Parking for one vehicle per dwelling unit must be provided on site.
g.
No more than 10 rooms nor less than two rooms for guests (with sleeping accommodations for no more than 25 persons) shall be permitted.
h.
Bed and breakfast inns shall be subject to State law as defined, regarding the Uniform Construction Code Act, Uniform Fire Safety Act, and shall be registered with the Bureau of Housing Inspection in the Division of Housing and Development in the Department of Community Affairs and shall comply with all local ordinances concerning housing and with all of the requirements of the zoning district in which it is located.
i.
The appropriate Municipal Agency shall conduct a public hearing on the application in accordance with this chapter. The applicant shall give notice of the hearing to all owners of property within 200 feet of the proposed use.
j.
The proposed bed and breakfast use shall be consistent with the character of the surrounding neighborhood.
k.
The exterior appearance of any bed and breakfast inn shall remain residential in nature.
§ 40-6.12 Wireless Telecommunications Towers and Antennas.
[Ord. No. 2004-15 § 1; Ord. No. 2005-18 § I]
a.
Purpose. The purpose of these regulations for the siting of wireless and fixed wireless telecommunications towers and antennas is to: (1) protect residential areas and land uses from potential adverse impacts of towers and antennas; (2) encourage the location of towers and antennas in appropriate locations; (3) minimize the total number of towers throughout the community; (4) strongly encourage the joint use of tower and antenna sites as a primary option rather than construction of additional single-use towers; (5) encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal; (6) encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, siting, landscape screening, and innovative camouflaging techniques; (7) enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently; (8) consider the public health and safety of communication towers; and (9) avoid potential danger to adjacent properties from tower failure through engineering and careful siting of tower structures; (10) promote full service coverage within the Borough, i.e., elimination of dead zones, for health, safety and welfare reasons. In furtherance of these goals, the Borough of Belmar shall give due consideration to the Borough Master Plan, Zoning Map, existing land uses, and environmentally sensitive areas in approving sites for the location of towers and antennas.
b.
Nonapplicability to Amateur Radio Stations and to Receive Only Antennas. The provisions of this subsection shall not govern any antenna that is owned and operated by a federally licensed amateur radio station operator or is used exclusively as a receive only antenna.
c.
Antennas and Towers Permitted on Borough Property. Wireless communications towers and antennas which are located on specified Borough property identified herein and which are approved by the Mayor and Council shall be deemed to be a permitted conditional use. Upon submission and approval of a site plan in accordance with the regulations set forth herein, such approved property shall be:
d.
General Requirements.
1.
Principal or Accessory Use. Wireless telecommunications towers and antennas may be considered either principal or accessory uses. A different existing use of an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot.
2.
Lot Size. For purposes of determining whether the installation of a tower or antenna complies with district development regulations, including but not limited to setback requirements, lot coverage requirements, steep slopes 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.
3.
Inventory of Existing Sites. Each applicant for an antenna and/or tower shall provide to the Borough as part of the application an inventory and technical data (i.e., coverage area) of all existing towers, antennas, or sites approved for towers or antennas, that are either within the jurisdiction of the Borough of Belmar or within one mile of the border thereof, including specific information about location, height and design of each tower. The Borough may share such information with other applicants applying for approvals under this subsection or other organizations seeking to locate antennas within the jurisdiction of the Borough of Belmar, provided however, the Borough is not, 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 shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color so as to reduce visual obtrusiveness. Monopoles are preferred.
(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 them 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 shall not be artificially lighted, unless required by 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 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 subsection shall bring such towers and antennas into compliance with such revised standards and regulations 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 revised 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, the owner of the tower shall ensure that it is maintained in compliance with standards contained in applicable State or local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If upon inspection, the Borough concludes that the tower 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, the owner shall have 30 days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within said 30 days shall constitute grounds for 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 Borough, irrespective of municipal and County jurisdictional boundaries.
9.
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 Borough have been obtained and shall file a copy of all required franchises in the Borough. Pursuant to § 20-2 of the Revised General Ordinance of the Borough of Belmar, mercantile licenses must be obtained and renewed yearly for each operator, tower and antenna.
10.
Public Notice. For purposes of this subsection, any variance request for site plan approval shall require public notice to all abutting property owners. There shall be no exemption from the public notice required herein because property is owned by the Borough.
11.
Signs. No signs shall be allowed on an antenna, tower or equipment building other than those designed to enhance public safety. Appropriate "Keep Out" or "No Trespassing" signs shall be required.
12.
Buildings and Support Equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of the Borough.
13.
Multiple Antenna/Tower Plan. The Borough of Belmar encourages the prospective users of towers and antennas within the Borough to submit a single application for approval of multiple towers and/or antenna sites. Applications for approval of multiple sites shall be given priority in the review process.
14.
Maximum Height. The tower/antenna shall meet the following maximum height and usage criteria:
15.
Information Required. In addition to any information required for applications for site plan review pursuant to this Chapter, applicants for approval for a tower/antenna shall submit the following information:
(a)
A location plan drawn to scale and clearly indicating the location, type and height of the proposed tower(s)/antenna(s), on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities), master plan classification of the site, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and other structures, topography, and parking.
(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, platted residentially zoned properties, and unplatted residentially zoned properties.
(d)
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, and finished color and, if applicable, the method of camouflage and illumination.
(g)
A description of compliance with Subsection 40-6.11d and all applicable Federal, State and local laws.
(h)
A notarized statement by the applicant as to whether construction of the tower/antenna will accommodate collocation 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 cellular sites owned or operated by the applicant as well as other users in the municipality.
(j)
A description of the suitability of the use of existing towers, other structures or alternative technologies not requiring the use of towers or structures to provide the services to be provided through the use of the proposed tower.
(k)
A description of the feasible location(s) of future towers or antennas within the Borough based upon existing physical, engineering, technological or geographical limitations in the event the proposed tower is erected.
16.
Factors considered in granting approval for towers/antennas. In addition to any standards for consideration of site plans pursuant to this Chapter, the municipal agency shall consider the following factors in determining whether to issue an approval:
(a)
Height of the structure;
(b)
Proximity of the structure to residential structures and residential district boundaries;
(c)
Nature of uses on adjacent nearby properties;
(d)
Surrounding topography;
(e)
Surrounding tree coverage and foliage;
(f)
Design of the structure, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;
(g)
Proposed ingress and egress; and
17.
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 municipal agency that no existing tower (including electric transmission and distribution towers), 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 municipal agency related to the availability of suitable existing towers, other structures or alternative technology. Evidence submitted to demonstrate that no existing tower, structure or alternative technology can accommodate the applicant's proposed antenna may consist of any of the following:
(a)
No existing towers or structures are located within the geographic area including neighboring municipalities which meet applicant's engineering requirements.
(b)
Existing towers or structures or groups thereof are not of sufficient height, location or number to meet applicant's engineering requirements.
(c)
Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.
(d)
The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna.
(e)
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 not presumed to be unreasonable.
(f)
The applicant demonstrates that there are limiting factors and render existing towers and structures unsuitable.
(g)
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 exceed new tower or antenna development shall not be presumed to render the technology unsuitable.
18.
Security Fencing. Towers and equipment cabinet and/or like equipment shall be enclosed by security fencing not less than six feet in height, be equipped with an appropriate anticlimbing device or of a style/configuration as approved by the BOCA Code for enclosure around a residential swimming pool, and such fencing shall have a self-latching gate complying with the standard required for enclosing a swimming pool; provided however, that the municipal agency may waive such requirements, as it deems appropriate.
19.
Landscaping. All landscaping plans shall be reviewed by the municipal agency's engineer and by the Shade Tree Commission, both of whom shall forward a recommendation(s) to the municipal agency reviewing the plan. The following requirements shall serve as a guide for the landscaping surrounding towers for which site plan approval is required; provided, however, that the municipal agency may waive such requirements if the goals of this section would be better served thereby.
(a)
Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from property used for residences.
(b)
In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced.
(c)
Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be sufficient buffer.
20.
In approving the tower the municipal agency may impose conditions, including the use of an alternative tower structure, i.e., structures made to look like beach patrol structures, to the extent the municipal agency concludes such conditions are necessary to minimize any adverse effect of the proposed tower on adjoining properties.
e.
New Buildings or Other Exterior Equipment Storage.
1.
Antennas Mounted on Structures or Rooftops. The equipment cabinet or structure used in association with antennas shall comply with the following:
(a)
The cabinet or structure shall not contain more than 200 square feet of gross floor area or be more than 10 feet in height. In addition, for buildings and structures which are less than 65 feet in height, the related unmanned equipment structure, if over 200 square feet of gross floor area or 10 feet in height, shall be located on the ground and shall not be located on the roof of the structure.
(b)
If the equipment structure is located on the roof of a building, the area of the equipment structure and other equipment and structures shall not occupy more than 10% of the roof area.
(c)
Equipment storage buildings or cabinets shall comply with all applicable building codes.
2.
Antennas Located on Towers, Utility Poles, or Light Poles. The related unmanned equipment structure shall not contain more than 200 square feet of gross floor area or be more than 10 feet in height, and shall be located in accordance with the minimum yard and buffer requirements of the zoning district in which located and shall be screened from view of all residential properties.
f.
Alternate Design Standard for Wireless Telecommunication Facilities. Where applicant's facility accommodates multiple providers, alternate design standards may be accepted, provided applicant demonstrates that the use of alternate design standards would advance the purposes of this subsection and the benefit of the deviation from the design standard herein would substantially outweigh any detriment.
g.
Removal of Abandoned Antennas and Towers. Any antenna or tower that is not operated for a continuous period of 12 months shall be considered abandoned, and the owner of such antenna or tower shall remove the same within 90 days of receipt of notice from the Borough of Belmar notifying the owner of such abandonment. If the business license is not renewed, as required by § 20-2, it shall be presumed that the antenna or tower is not being operated. Failure to remove an abandoned antenna or tower within said 90 days shall be grounds to remove the tower or antenna at the owner's expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower.
§ 40-6.13 Multi-Family Cluster Development.
[Ord. No. 2008-07 § 1]
a.
A multi-family cluster development is permitted as a conditional use to allow for the transition from existing high density residential uses, exceeding seven dwelling units per lot, hotels and boarding houses and to provide for the creation of a multi-family attached "townhouse style" cluster development within the R-75 residential zone, for properties east of "A" Street with frontage on 10th, 11th and/or 12th Avenue to be designated MF-75 Zoning District and developed with a shared access lane providing entry to attached accessory garage structures. However, properties with frontage on Ocean Avenue must develop the structures closest to Ocean Avenue to be single family detached structures in accordance with R-75 Zoning District standards, except as provided herein, and, the remainder of the property may be developed pursuant to the MF-75 standards.
b.
Bulk and Area Requirements.
1.
Minimum lot size: 14,000 square feet.
2.
Minimum frontage along 10th, 11th and/or 12th Avenue: 100 feet.
(a)
Provided that street frontage shall not be required for interior residential townhouse clusters with frontage upon a shared access lane to permit entry to attached accessory garage structures.
3.
Minimum lot diameter: 100 feet.
4.
Minimum yard requirements:
(a)
Front yard setback: minimum 20 feet provided however, front yard setback for townhouse clusters with frontage on an interior access lane shall be developed with a minimum six-foot front yard setback.
(b)
Side yard setback: Minimum 10 feet each side yard, 20 feet combined; provided however, that the side yard setback may be reduced to a minimum of five feet for each side and 10 feet for combined side yard setback for interior townhouse clusters developed with a shared access lane.
(c)
Rear yard setback: Minimum six feet for townhouse clusters providing frontage on 10th, 11th or 12th Avenue, as the case may be; provided however that the rear yard setback shall be a minimum 10 feet for townhouse clusters with frontage on an interior access lane.
5.
Density: one unit per 1,550 square feet.
6.
Principal building height not to exceed 35 feet nor three stories.
7.
Maximum building coverage shall not exceed 50%.
8.
Maximum impervious coverage shall not exceed 75%.
9.
Floor area ratios applicable to the R-75 Zone, shall not apply where the density permitted herein is not exceeded.
10.
Permitted structures shall be single-family "townhouse style" residential unit, developed as not less than four side-by-side residential clusters, no more than five, side-by-side residential clusters.
11.
Minimum accessory building setback: Five feet side yard and five feet rear yard. Provided however that the accessory buildings shall not be included in maximum building coverage calculations.
12.
Accessory structures shall not exceed 10 feet in height and shall only be located in conforming rear yard areas.
13.
Parking:
(a)
Off-street parking shall be provided in accordance with the Residential Site Improvement standards.
(b)
Each new dwelling unit shall provide at least one enclosed parking stall situated within a fully enclosed attached accessory garage structure.
(c)
Vehicular access to lots fronting on 10th, 11th or 12th Avenue as the case may be, shall be provided by a shared rear lane at a minimum of 18 feet in width, providing access to the attached accessory garage structures.
(d)
Rear lane ingress/egress shall be provided by a minimum width 18 feet driveway accessed off 10th, 11th or 12th Avenue as the case may be and further developed with an additional one way drive of a minimum, in width, of 10 feet providing egress to 10th, 11th or 12th Avenue as applicable.
(e)
Regulations applicable to attached accessory garages, relevant to orientation of the front face of the garage entry shall not apply to attached accessory garage structures for townhouse clusters fronting a shared lane.
(f)
Regulations applicable to attached accessory garages, relevant to orientation of the front face of the garage entry shall apply to garage structures associated with townhouse clusters fronting 10th, 11th or 12th Avenue. Orientation of the garage entry shall be to the interior of the lot.
(g)
No driveway or parking area shall be unpaved or surfaced with crushed stone, gravel or similar coarse aggregate material. All vehicular paving shall consist of bituminous concrete, cementious concrete and/or brick/concrete paving blocks
(h)
No curb cut for a driveway or lane shall exceed 20 feet in width.
(i)
No lane shall be closer than 60 feet from the intersecting avenue right-of-way lines.
14.
Landscaping. All land area not covered by pavement materials, buildings, decorative landscaping or shrubbery must be provided with a permanent, green-grassed lawn.
(a)
Ornamental landscaping may incorporate decorative stone; however all land covered with decorative stone (or pebbles) shall be included in the calculation of impervious coverage.
15.
Utilities. All utilities for new construction shall be placed underground;
(a)
For lots with rear lane access, all utilities shall be placed in the utilities easement parallel to the lane.
16.
Streetscape improvement shall be installed with accordance with applicable Borough standards.
17.
Curb construction, sidewalk construction, street grates, intersections and pavement construction shall meet Residential Site Improvement Standards, "RSIS" at N.J.A.C. 5:21-1 et seq.;
18.
Fences, hedges, wall and vision clearances shall conform to design standards of Subsection 40-7.25;
19.
Permitted principal uses shall be: single-family residential cluster developments, municipal services and facilities in public parks;
20.
Permitted accessory uses shall be: noncommercial TV/radio antennas, exempt signs as set forth in Subsection 40-7.24d, tool sheds, fences, hedges, wall and private garages and essential services;
21.
Except as set forth hereinabove, the MF-75 shall meet the design and guideline standards for subdivision and site plans set forth at Article 8 of the Development Regulations;
22.
Properties with Frontage on Ocean Avenue. Properties with frontage on Ocean Avenue must develop the structures closest to Ocean Avenue as single-family detached structures in accordance with the R-75 Zoning District standards for principal buildings for lot area, frontage, width and diameter, and, for impervious coverage, building coverage, floor area ratio, principal building height, and, for front, and side yard setbacks, all other MF-75 standards shall apply. No curb cuts or vehicular access shall be permitted onto Ocean Avenue, a lane shall be provided behind the single-family detached structures fronting on Ocean Avenue in accordance with the MF-75 standards and the rear yard setback standards for the MF-75 Zone may be utilized. In all cases, the single-family detached structures closest to Ocean Avenue shall be oriented towards Ocean Avenue. Except for the structures closest to Ocean Avenue, the remainder of the structures on the property may be developed pursuant to the MF-75 standards.
§ 40-6.14.1 Purpose and Intent.
[Ord. No. 2008-13 § 1; Ord. No. 2012-08; Ord. No. 2012-12]
The purpose and intent of the Borough and this section is to encourage the conversion of existing accessory dwelling units.
It is common throughout the Borough to find a larger main house at the front of a property with an accessory dwelling structure at the rear of the property containing one or more accessory dwelling units. Often these accessory dwelling units are limited to use as summer rentals because they lack heat or insulation. Because the predominant residential zoning classification in Belmar is single-family residential homes, these accessory seasonal dwelling structures are non-conforming uses and cannot be converted to year-round use without a use variance. These units may also be deteriorated. Belmar's Land Use Boards have not granted variances to permit the conversion of such units to year-round use because of the difficulty in establishing proofs to permit the expansion of a nonconforming use. Belmar intends to permit these accessory dwelling units to be converted to year-round occupancy as a conditional use.
§ 40-6.14.2 Definitions.
[Ord. No. 2008-13 § 1; Ord. No. 2012-08; Ord. No. 2012-12]
Terms not defined shall have their usual and customary meanings, unless a different meaning clearly appears from the context. The following terms whenever used or referred to in this section shall have the following respective meanings:
Shall mean a structure containing not more than one dwelling unit that is located on the same lot as a main dwelling structure. It is irrelevant for purposes of this section whether or not the use of, or size of, the accessory dwelling structure was approved by the Planning Board, Zoning Board or is a prior nonconforming use.
Shall mean a habitable residential dwelling unit contained in an existing accessory dwelling structure.
Shall mean the Borough's Director of Code Enforcement.
Shall mean a single-family residential structure on the property that is clear from its size, location, and its proximity to street frontage, that it is the principal structure on the property.
§ 40-6.14.3 Areas Where Accessory Dwelling Units Are Permitted as Conditional Uses; Qualification of Units and Conditions of Conversion.
[Ord. No. 2008-13 § 1; Ord. No. 2012-08; Ord. No. 2012-12]
a.
The creation of an accessory dwelling unit shall be a conditional use and shall be subject to the conditions and standards set forth herein and upon a site plan application to, and approval by, the Planning Board. As a part of site plan review of the construction of and/or conversion of an existing accessory dwelling unit, the applicant must show that the finished appearance and aesthetics of the accessory dwelling unit is similar in character to the main dwelling structure and/or consistent with the aesthetics of the neighboring properties and/or neighborhood.
b.
Existing accessory dwelling structures in all single-family residential zoning districts within the Borough of Belmar, which contain existing accessory dwelling units, are eligible for conversion.
c.
Any accessory dwelling unit must, prior to the conversion and occupancy of same, be brought into conformance with all applicable Building Codes and the Borough's Adaptability and Visitability Code then in effect.
d.
Because the cost of renovating existing accessory dwelling structures may be greater than new construction, nothing contained here shall be construed to prohibit the owner of a property with an accessory dwelling structure, in lieu of converting and rehabilitating such a structure for use as an accessory dwelling unit, from demolishing and replacing the said structure with a newly constructed accessory dwelling structure that meets the following criteria:
1.
The newly constructed accessory dwelling structure must contain not more than one accessory dwelling unit, regardless of the number of the accessory dwelling units contained in Accessory Dwelling Structure that it is to replace, and all applicable Building Codes and the Borough's Adaptability and Visitability Code then in effect.
2.
The newly constructed accessory dwelling structure must be designed, constructed and equipped as a highly energy efficient dwelling unit that satisfies, at a minimum, the standards for being an ENERGY STAR® Qualified Home, in accordance with the criteria established by the U.S. Environmental Protection Agency and the U.S. Department of Energy, or such other standards as the Mayor and Council may from time to time adopt by resolution.
3.
The newly constructed accessory dwelling structure shall meet the following bulk requirements:
(a)
A minimum five-foot setback from property boundaries.
(b)
A minimum ten-foot distance between the accessory dwelling structure and the main residential structure or other accessory structures on the property.
(c)
The square footage of the newly constructed accessory dwelling structure shall not exceed the greater of 650 square feet or the square footage of the footprint of the demolished accessory dwelling structure as determined by the Director, exclusive of any garage area; however in no case may the square footage of the new accessory dwelling structure exceed more than 10% of the lot area, provided, however, that the Director may permit a newly constructed accessory dwelling structure to deviate from this requirement by up to 15% of such area, when in the Director's opinion such a deviation is reasonably necessary to accommodate a more efficient design or layout.
(d)
There shall only be two structures on the property, the main dwelling structure and the accessory dwelling structure, however if there is another existing structure on the property, such as a detached garage, the accessory dwelling structure must be constructed as an addition to the other existing structure.
(e)
The accessory dwelling structure shall be one story in height. The maximum permitted height shall be 12 feet, measured from the average grade along the foundation to the eaves. The eaves, for purposes of this section, shall be the top of the fascia at the first course of roof shingles or other roofing material.
(f)
Attics within the accessory dwelling structure, without a fixed/permanent set of stairs are permitted provided that they are not used for habitable space.
(g)
Basements within the accessory dwelling structure are permitted provided that they are not used for habitable space, are unfinished and have only an exterior means of access.
4.
The lot upon which the newly constructed accessory dwelling structure is to be located must contain at least 4,000 square feet.
e.
No additional parking demand shall be deemed created, and no additional off-street parking shall be required, as a result or condition of the conversion of an accessory dwelling unit.
f.
If the main dwelling structure contains more than one dwelling unit, it shall be converted into a single-family residential structure and the property owner shall also relinquish all prior nonconforming rights, and rights by variance or similar approvals, in relation to the multi-family use of the main dwelling structure.
§ 40-6.14.4 Developer's Agreement, Deed and Other Occupancy Restrictions.
[Ord. No. 2008-13 § 2; Ord. No. 2012-08; Ord. No. 2012-12]
a.
No bulk variances or site plan approvals shall be required unless and to the extent that the Director determines that the proposed conversion of an accessory dwelling structure requires deviations from the requirements of Subsection 40-6.14.3d3 that exceed the Director's discretion to grant. In such event, the relief shall be sought by minor site plan application to the Zoning Board of Adjustment, with variances from the design standards set forth in Subsection 40-6.14.3d3 above.
b.
The following conditions, in addition to any other conditions that may be imposed by the Board, shall be required if the application is granted:
1.
A deed restriction relinquishing all prior non-conforming rights, and rights by variance or similar approvals, in relation to the use of the accessory dwelling structure, and agreeing to continue the use of the accessory dwelling structure in accordance with the within section shall be caused to be filed by the property owner. The deed restriction shall also contain the following additional provision:
(a)
A provision prohibiting the expansion of the accessory dwelling unit.
c.
If the main dwelling structure contains more than one dwelling unit, the same shall be converted into a single-family residential structure as provided herein, and the property owner shall record a deed restriction relinquishing all prior nonconforming rights, and rights by variance or similar approvals, in relation to the multi-family use of the main dwelling structure.
d.
All deed restrictions and like recordings required herein shall be recorded at the property owner's sole cost and expense. Further, all deed restrictions and like recordings required herein shall be reviewed and approved by the Planning Board Attorney prior to recording. Recorded copies of all deed restrictions and like recordings shall be provided to the Borough.
§ 40-6.14.5 Effect of Conversion on Other Non-conformities, and Timing of Same.
[Ord. No. 2008-13 § 1; Ord. No. 2012-08; Ord. No. 2012-12]
a.
Notwithstanding anything contained in the Development Regulations of the Borough of Belmar to the contrary, a property containing a main residential structure and an accessory dwelling unit shall constitute a conforming use in any single-family zone. In the event that at the time of a development application to the Board of Adjustment or Planning Board, an accessory dwelling unit on the subject property has not yet been certified by the Zoning Officer as an accessory dwelling unit, the Planning Board or Board of Adjustment, as the case may be, may grant relief subject to the owner's obtaining certification.
b.
Upon the construction of and/or conversion of an existing accessory dwelling unit, the property in that it contains an accessory dwelling unit and a main dwelling structure shall be deemed conforming as to use only and future physical expansion or modification of the main dwelling structure shall not require a variance pursuant to N.J.S.A. 40:55D-70(d)(3) provided that the accessory dwelling unit continues to exist in accordance with this section.
c.
Upon the construction of and/or conversion of an existing accessory dwelling unit the square footage associated with the accessory dwelling structure shall not count towards the calculation of floor area ratio, building coverage or impervious coverage of the whole property. The square footage associated with the accessory dwelling structure shall not count towards stormwater requirements of the Borough Ordinances, however stormwater mitigation measures shall be provided. By way of example, such measures may include dry wells and bio-retention basins (rain gardens).
§ 40-6.14.6 Violations.
[Ord. No. 2008-13 § 1; Ord. No. 2012-08; Ord. No. 2012-12]
Violation of any provision of this section shall be subject to a fine, upon conviction of $750. All tickets shall require a Court appearance. In addition, the Borough reserves all rights to compel compliance with this section and any and all rights available to it, in the Superior Court of New Jersey or other court of competent jurisdiction.