Berkeley Township City Zoning Code
ARTICLE XIII
Conditional Uses
§ 35-127.1 Guiding Principles and General Provisions.
[Ord. No. 94-29 § 118-18; Ord. No. 96-27 § 4]
Recognizing that certain uses, activities and structures are necessary to serve the needs and provide for the convenience of the citizens of the Township and at the same time, appreciating the fact that they or any one of them may be or may become inimical to the public health, safety and general welfare of the community if located without due consideration to the existing conditions and surroundings, such uses are designed as conditional uses subject to the standards and regulations hereby established. These standards and regulations are intended to provide the Planning Board with a guide for reviewing applications for conditional uses. As a result of the review procedure, the applicant may be required to meet additional standards and regulations imposed by the Planning Board during site plan review which are in keeping with and will further the intent of these standards and regulations. Such standards and regulations shall be provided for and maintained as a condition of the establishment and maintenance of any use to which they are a condition of approval. In acting upon an application for conditional use approval, the Planning Board shall be guided by the following standards and principles:
a.
The use for which an application is being made is specifically listed as a conditional use within the zone where the property is located.
b.
The design, arrangement and nature of the particular use is such that the public health, safety and welfare will be protected and reasonable consideration is afforded to the following:
1.
The compatibility of the proposed use(s) and/or structure(s) within the existing neighborhoods.
2.
The potential effect that the proposed use(s) and/or structure(s) will have upon property values.
3.
The adequacy of the proposed parking and traffic circulation for the use(s) and/or structure(s) and the potential for traffic congestion and/or the creation of undue traffic hazards.
4.
The adequacy of proposed drainage facilities which will serve the use(s) and/or structure(s).
5.
The adequacy of plans for screening any adverse aspects of the use(s) and/or structure(s) from adjoining properties.
6.
The adequacy of proposed outdoor lighting.
8.
Compliance with the standards, principles and objectives of the Master Plan of the Township of Berkeley.
c.
All conditional use applications shall be accompanied by an application for site plan approval.
d.
Conditional uses shall adhere to the additional standards specified for the particular use under this article.
e.
No use specified within this article shall be considered a conditional use unless it is specifically listed as a conditional use in the zone district regulations.
f.
With regard to the requirements for the siting of cellular telecommunications towers and facilities, it is the express objective of this chapter to provide reasonable opportunities for the siting of such facilities in the vast areas of the Township where residential development is restricted due to environmental and infrastructure constraints, as well as various commercial and industrial zones throughout the Township of Berkeley, without adversely impacting the visual quality and character of the Township's diverse residential neighborhoods and compact retirement communities. The specific site standards provided herein are designed to enable unobstructed access to the airwaves, while using vertical elements, such as trees and buildings to provide "angles of occlusion" that completely or partially block or screen views of a freestanding tower from residential uses and zones depending on the viewing distance and relative elevations.
§ 35-127.2 Motor Vehicle Service Stations.
[Ord. No. 94-29 § 118-18.1; Ord. No. 97-34 § 2]
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 to be installed, the type of structure and accessory buildings to be constructed and the number of service bays.
b.
Motor vehicle service stations shall have a lot area of not less than 20,000 square feet with a minimum frontage of 125 feet on one street. If the lot requirements for the zone are greater, they shall take precedence.
c.
No motor vehicle service station shall be located within 500 feet of any public entrance to a church, school, library, hospital, fire station, park, playground, charitable institution or place of public assemblage. The distance shall be measured in a straight line along the center line of streets forming the shortest route from a point opposite the nearest boundary from the public entrance to a point opposite the nearest boundary of the service station lot.
d.
All fuel pumps shall be located at least 35 feet from all street lines within all zones.
e.
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.
f.
All fuel tanks shall be installed underground.
g.
No outdoor oil drainage pits or hydraulic lifts shall be permitted.
h.
Any repair of motor vehicles shall be performed in a fully enclosed building. No parts or partially dismantled motor vehicle may be stored out-of-doors.
i.
No motor vehicle service station shall be erected, built or located within 4,000 feet of any other service station as measured along the frontage of existing roads or highways.
j.
No automobile bodywork shall be permitted.
k.
Illumination shall be such that no direct glare from the lights shall fall upon adjoining streets or properties.
l.
Sale of new or used cars is prohibited.
m.
Accessory goods for sale may be displayed on the pump islands and the building island only. The outside storage of oil cans and/or antifreeze and similar products may be displayed on the respective islands, if provided for in a suitable metal stand or rack.
n.
The maximum lot coverage shall be 10% of the lot area and a maximum of 20% of the lot area with a canopy.
o.
The minimum unoccupied open space shall be 30% of the lot area.
p.
The canopy setback shall be 25 feet.
q.
Each establishment is entitled to display signs containing up to a total of seven items of information on each street or parking lot on which establishment or proprietor shall count as one item of information so long as it does not exceed seven items. If it does exceed seven items, each additional item shall be counted against the permitted total of seven.
r.
As part of a ground sign, a motor vehicle service station may display one changeable letter sign per frontage which lists the type and price of any motor fuels and the same shall not be considered in any calculation of items of information or sign area.
§ 35-127.3 Motor Vehicle Repair Shops.
[Ord. No. 94-29 § 118-18.2]
Motor vehicle repair garages 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.
Motor vehicle repair garages shall have a lot area of not less than 20,000 square feet with a minimum frontage of 125 feet on one street. If the lot requirements for the zone are greater, they shall take precedence.
b.
No outdoor oil drainage pits or hydraulic lifts shall be permitted.
c.
Any repair of motor vehicles shall be performed in a fully enclosed building and no inoperative or junk vehicles shall remain on the premises for more than 30 days.
d.
All motor vehicles awaiting repair or under repair which are stored out-of-doors shall be screened from public view by a solid fence and/or evergreen plantings as required by the Planning Board.
e.
No motor vehicle awaiting repair or under repair may be stored out-of-doors within the required front yard area, within 20 feet of any side or rear lot line or within 50 feet of any adjoining lot within a residential zone.
f.
No motor vehicle repair garage shall be located within 500 feet of any public entrance to a church, school, library, hospital, fire station, park, playground, charitable institution or place of public assemblage. The distance shall be measured in a straight line along the center line of streets forming the shortest route from a point opposite the nearest boundary from the public entrance to a point opposite the nearest boundary of the repair garage lot.
g.
If gas pumps are proposed, Subsection 35-127.2, referring to motor vehicle service stations, shall also be applicable to motor vehicle repair garages.
h.
The maximum lot coverage shall be 20% of the lot area.
i.
The minimum unoccupied open space shall be 30% of the lot area.
§ 35-127.4 Boatyards and Marinas.
[Ord. No. 94-29 § 118-18.3; amended 12-16-2019 by Ord. No. 19-44-OAB]
Boatyards and/or marinas shall 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.
No principal or accessory building shall be located closer than 50 feet to any street line or 25 feet to other property lines, except that buildings for boat construction, repair or maintenance shall not be located closer than 50 feet to any property line.
b.
Boats shall not be stored or displayed closer than 35 feet to any street line or 20 feet to any other property line.
c.
No railway or other launching facility shall be located closer than 20 feet to any property line.
d.
Adequate utilities shall be supplied to each boat slip, including electricity, lighting and water supply.
e.
No facilities for the construction of new boats shall be permitted.
f.
The minimum lot area shall be 40,000 square feet.
g.
A fire lane shall be provided and maintained open at all times.
§ 35-127.5 (Reserved) [1]
[1]
Editor's Note: Subsection 35-127.5, Bulk Storage of Materials, containing portions of Ord. No. 94-29, was repealed in its entirety by Ord. No. 2015-22-OAB, § 8.
§ 35-127.6 Mining Operations.
[Ord. No. 94-29 § 118-18.5; Ord. No. 01-21-OAB § 33]
Mining operations shall include sand and gravel pits. The same may be permitted in those zones specified and shall comply with the following:
a.
Maps and site plans shall be in accordance with the standards and specifications of the Mining Ordinance of the Township of Berkeley.
b.
A revised map shall be submitted yearly to the Township Council showing those areas mined and depth excavated.
c.
The application for a conditional use permit and accompanying plans shall show that all of the regulations and specifications for mining operations provided for in the Mining Ordinance of the Township of Berkeley are complied with.
§ 35-127.7 Motels and Hotels.
[Ord. No. 94-29 § 118-18.6]
Hotels and motels may be permitted as a conditional use in those zones specified, provided that the use and/or structures shall adhere to the minimum standards of the particular zone and the following:
a.
The minimum lot size shall be 60,000 square feet.
b.
Minimum lot area per unit: 1,500 square feet.
c.
Efficiency apartments may be permitted by the Planning Board, provided that the applicant satisfactorily demonstrates that they will be utilized primarily for transients.
d.
Maximum lot coverage: 20%.
e.
Minimum unoccupied open space: 20%.
f.
No building shall be located closer than 50 feet to any property line.
§ 35-127.8 Public Utilities.
[Ord. No. 94-29 § 118-18.7]
Public utility uses, such as water towers, pumping stations, electric substations, radio towers, transmission lines and switching stations, which must be provided above ground, may be permitted as a conditional use in those 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 it is located.
c.
Adequate and attractive fences and other safety devices will be provided.
d.
Sufficient landscaping, including shrubs, trees and lawn, are provided and will be periodically maintained.
e.
All of the setback and building coverage requirements of the respective zone will be met, except that no setback (front, side or rear) of any structure shall be less than 125% of the height of the structure.
f.
The proposed use shall be located on a lot of not less than 20,000 square feet.
§ 35-127.9 Schools.
[Added 12-16-2019 by Ord. No. 19-44-OAB[1]]
Schools 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 setting forth full particulars on the building and/or use shall be submitted.
b.
The facility shall only be located along an arterial or collector road as identified in the Master Plan.
d.
The height of the facility shall not exceed the maximum height permitted in the zone in which the facility will be built.
[1]
Editor's Note: Former Subsection 35-127.9, Community Residences for the Developmentally Disabled, previously codified herein and containing portions of Ordinance No. 94-29, was repealed in its entirety by Ordinance No. 02-18-OAB. See Subsection 35-89.19 for regulations, Community Residences for the Developmentally Disabled.
§ 35-127.10 Nursery Schools and Day Care Facilities.
[Ord. No. 94-29 § 118-18.9]
Nursery schools and day care facilities may be permitted as a conditional use in those zones specified, provided that the use and/or structures shall adhere to the minimum standards of the particular zone and the following:
a.
A statement setting forth full particulars on the building and/or use is submitted.
c.
Accessory buildings shall not be located closer than 30 feet to any residential property line.
d.
The proposed use shall in no way be detrimental to the surrounding property values, and the structure or use proposed shall serve a useful purpose in the Township and otherwise promote the general welfare of its residents.
§ 35-127.11 Hospitals.
[Ord. No. 94-29 § 118-18.10]
Hospitals 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 hospital shall provide care to the general public without regard to race, creed or nationality.
b.
The hospital shall provide care to the poor, including the indigent, under arrangements as may prevail from time to time with the Welfare Board of the County of Ocean in the State of New Jersey. At no time shall such arrangements sanction or permit the withholding of medical care from any patient because of his economic condition in life.
c.
The hospital shall be constructed and operated in compliance with all pertinent State and Federal laws and regulations, and nothing shall be construed or interpreted so as to waive or violate any of the laws or regulations.
d.
The hospital shall be constructed on a site consisting of not less than 25 acres, which shall not be subdivided.
e.
The following uses may be established and used in connection with the hospital on the unsubdivided tract on which the hospital is located, and such uses are hereby declared to be accessory uses:
1.
Professional schools for the instruction of medical or related arts.
2.
Structures devoted to the gathering, containing and preparation of edibles. Such structures shall serve only the hospital and accessory uses.
3.
Structures devoted to the gathering, containing and preparation of materials used in the operation of a laundry. Such facilities shall serve only the hospital and its accessory uses.
4.
Structures devoted to use of the storage and maintenance of such vehicles and equipment as may be needed for the proper care of the premises.
5.
Such structures as are necessary for the storage of water.
6.
Such structures and spaces as are needed for the ingress and egress of modes of transportation, including but not limited to garages, parking lots, emergency vehicle depots and whatever improvements as are needed for the ingress and egress of vehicles that travel through the air.
7.
Such structures as are needed to communicate with emergency vehicles, professional practitioners of the medical arts and other hospitals. The structures may include an antenna that shall have the maximum height of 30 feet higher than the maximum permitted height of the hospital.
8.
Such signs as are necessary for the identification of the uses and to direct travel.
9.
Such structures as may be necessary for the extended care of patients.
g.
The front setback line shall be a minimum of 50 feet.
h.
The rear setback line shall be a minimum of 30 feet.
i.
The side yard setback lines shall be a minimum of 25 feet.
j.
The maximum lot coverage shall be 25%.
k.
Any site plan application for a hospital or any of the permitted accessory uses shall not be required to exhibit or provide anything which would cause the hospital to violate any State or Federal regulation or standard to provide medical care.
l.
A buffer zone of 75 feet shall be required whenever a hospital abuts a residential zone.
§ 35-127.12 Cellular Telecommunication Towers and Facilities.
[Ord. No. 96-27 § 118-18.11]
Cellular telecommunication towers operated under regulations of the Federal Communications Commission and/or the Telecommunications Act of 1996, shall be permitted by conditional use permit and major site plan approval in the zoning districts specified in this chapter, after a public hearing noticed in accordance with the Municipal Land Use Law, and in accordance with the following conditions:
a.
A freestanding cellular telecommunication tower shall be located at a distance to any property line of at least 1 1/2 times the height of the tower structure. For the purposes of this subsection, the height of the tower structure shall be the positive or negative difference between the average grade elevation at each property line and the grade elevation at the base of the tower, plus the height of the tower, inclusive of antennae. Where the proposed tower structure is designed to collapse on itself rather than fall in one piece, the Board may permit a distance to a property line of not less than one times the height of the structure as provided above. This section shall not be construed to permit a tower to be located at a distance from any property line that is less than the dimension from the base to the top of the tower structure, inclusive of antennae.
b.
All cellular telecommunication towers shall be of a monopole design, painted in earth tone colors to a height of 50 feet, and sky blue above a height of 50 feet, to blend into the surrounding landscape.
c.
The minimum lot size for the siting of a freestanding cellular telecommunication tower shall be in accordance with the following:
Tower Height | Minimum Lot Area-Nonresidential Zones | Minimum Lot Area-Rural Residential Zones |
|---|---|---|
100 feet or less | 1 acre | 9 acres |
Over 100 feet and Under 200 feet | 3 acres | 9 acres |
Over 200 feet | 9 acres | 12 acres |
d.
Where the site proposed for a freestanding tower structure is located within a residential zone or has one or more property lines abutting or on the opposite side of a street from a residential zone or use permitted in a residential zone, large shade trees and/or existing and proposed buildings on the site shall be used to provide an angle of occlusion from the property line to the top of the structure of 50° or less 50° from the horizon line is the upper limit of the normal vertical cone of vision). To achieve the occlusion, a row of shade trees shall be preserved and/or planted pursuant to § 35-48, at 50% of the distance between the tower and the property line, and a second row at 90% of the distance between the tower and property line (see illustrations below). Transplanted trees shall have a minimum caliper of three inches, be spaced on thirty-foot centers and have a typical height at maturity of at least 50 feet.
 |
e.
The co-location of a cellular antenna on an existing water tower, silo or equivalent vertical structure, including an existing cellular, radio or television tower, is permitted without the need to meet conditions b, c and d above, provided that the height of the existing structure is not increased as a result of the attachment of the cellular structure. A decorative disguising structure such as a clock tower may also be approved as an alternative to conditions b, c and d at the discretion of the Board. If the height of the existing structure is to be increased by the attachment of the new structure, all of the conditions herein shall apply as to a new freestanding structure.
f.
Towers to be sited on developed commercial or industrial properties shall be located to the rear of other principal buildings and shall not encroach on planting buffers, parking areas or otherwise impair the operation of previously approved systems such as stormwater drainage basins. Existing buildings and structures should be used in the siting of freestanding towers to contribute to the angle of occlusion as illustrated above.
g.
Towers to be sited on undeveloped commercial or industrial properties shall apply the standards of condition d herein to all property lines, including the street line, except that a driveway shall be permitted to gain access to the facility for maintenance personnel and equipment.
h.
Any building used as an accessory to the tower shall be located in accordance with the minimum height and yard requirements of the zoning district applicable to the site and three adjacent off-street parking spaces shall be provided for service vehicles. All areas of the site that are not devoted to the tower, accessory building or paved areas and not part of the perimeter tree planting described in condition d above shall be naturalized and/or maintained as mowed turf. Any regrading for stormwater detention that is required by the Township Engineer shall be accommodated in this open area.
i.
As independent freestanding facilities on separate sites will not be accessible to the public, the lighting permitted shall be the minimum required to protect the public welfare. Facilities sited on existing developed sites shall be incorporated into the lighting and landscaping plans of those sites.
j.
As part of the requirement for visual occlusion, the Board may require, on sites less than three acres, a six-foot solid or semi-open decorative wood fence on any property line or front setback line within a residential zone or abutting or on the opposite side of the street from a residential zone or use permitted in a residential zone. The area around the base of all towers and accessory buildings shall be secured with a six-foot chain link fence, provided that razor wire, barbed wire or equivalent measures intended to cause injury shall be prohibited.
k.
All towers shall comply with applicable Airport Hazard Regulations and shall be subject to approval from the Federal Aviation Administration for location, height and lighting to prevent interference with the operation of the R.J. Miller Airport or otherwise threaten the public safety.
l.
Upon cessation of use of the tower site for the approved or preexisting conditional use, the tower structure and antenna shall be removed within one year, subject to FCC concurrence. In the case of co-located antenna on preexisting vertical structures, this provision shall apply to the antenna only.
m.
The applicant will provide documentation that the proposed communications facility will have electromagnetic emissions within the safety standards established by the American National Standards Institute (ANSI: c.95.1-1992) as amended or any superseding State or national standard in effect on the date the conditional use permit application is submitted to the Board.
§ 35-127.13 Places of Assembly.
Places of assembly may be permitted as a conditional use in those zoning districts specified, provided that the lot, use and structures shall adhere to the following:
a.
The required minimum lot area shall be 10 acres.
b.
The required minimum lot width shall be 200 feet.
c.
The required minimum lot frontage shall be 200 feet.
d.
No principal building shall be located closer than 100 feet to any public street right-of-way.
e.
No accessory building or structure shall be permitted in any front yard, nor shall any accessory building or structure be located closer than 30 feet to any rear or side property line.
f.
The maximum permitted building coverage shall be 25%.
g.
The applicant shall submit a list of proposed activities and anticipated participants, a timetable reflecting the hours in which each building will be used and any other pertinent uses and activities intended to take place on the site.
h.
Lots shall only be located along an arterial or collector road as identified in the Master Plan.
§ 35-127.14 Regulation of Sexually Oriented Businesses.
[Ord. No. 97-50 § 118-18.11]
a.
Statutory Authorization, Findings of Fact, Purposes and Objectives.
1.
Statutory authorization. It is the responsibility of the local government to adopt regulations designed to promote the public health, safety and general welfare. Such power has been delegated to the municipalities from the legislature of the State of New Jersey. The Township Council of the Township of Berkeley in order to better promote the public health, safety and general welfare of its citizens does ordain, as follows:
2.
Findings of fact. Pursuant to N.J.S.A. 2C:34-2(b), the legislature of the State of New Jersey has determined that it is a fourth degree crime to sell, distribute, rent or exhibit material which is obscene. Consequently, the State of New Jersey has preempted the Township from prohibiting the sale of material which the Township believes to be obscene. However, in order to promote the public health, safety and general welfare of its citizens, the Township may promulgate reasonable time, place and manner regulations with respect to the sale, distribution, rental or exhibition of various items by sexually oriented businesses.
(a)
The Township has determined that sexually oriented businesses have a deleterious effect on both the existing businesses adjacent to such establishments as well as the surrounding residential areas; cause increased crime, especially prostitution; adversely affect property value; create an atmosphere which is inimical to the values of a significant segment of the Township's population; encourage residents and businesses to move elsewhere and that such sexually oriented businesses, when located in close proximity to each other, contribute to urban blight and downgrade the quality of life in the adjacent areas.
3.
Purposes and objectives. It is the purpose of this section to regulate sexually oriented businesses to minimize and control the adverse effects recognized in the preceding section and to promote the public health, safety and general welfare of the citizens of the Township. The Township Council finds that the secondary effects of adult entertainment establishments, as established through the reports and studies of other cities and municipalities with the appropriate resources to conduct same, is deleterious and inimical to health, safety and general welfare of the residents of the municipality. It is not the purpose of this section to restrict or deny access by adults to sexually oriented materials protected by the First Amendment nor will this section have the effect of restricting or denying such access.
b. ADULT ARCADE ADULT BOOKSTORE OR ADULT VIDEO STORE1. 2. ADULT MOTEL1. 2. 3. ADULT MOTION PICTURE THEATER ADULT THEATER COMMERCIAL DISPLAY NUDITY OR A STATE OF NUDITY OBSCENE MATERIALS PERSON SEXUALLY ORIENTED BUSINESS SPECIFIED ANATOMICAL AREA SPECIFIED SEXUAL ACTIVITY1. 2. 3.
Definitions. As used in this section:
Shall mean any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically or mechanically controlled still or image-producing devices are maintained to show images to one person per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of "specified sexual activities" or "specified anatomical areas."
Shall mean a commercial establishment which as one of its principal business purposes offers for sale, rental or display any one of the following:
Books, magazines, periodicals or other printed material, or photographs, films, motion pictures, video cassettes, slides or other visual representations which depict or describe a "specified sexual activity" or "specified anatomical area;" or still or motion picture machines, projectors or other image-producing devices which show images to one person per machine at any one time, and where the images so displayed are characterized by the depiction of a "specified sexual activity" or "specified anatomical area;" or instruments, devices or paraphernalia which are designed for use in connection with a "specified sexual activity;" or
A commercial establishment which regularly features live performances characterized by the exposure of a "specified anatomical area" or by a "specified sexual activity," or which regularly shows films, motion pictures, video cassettes, slides, or other photographic representations which depict or describe a "specified sexual activity" or "specified anatomical area."
Shall mean a hotel, motel or similar commercial establishment which offers accommodations to the public for any form of consideration, and which:
Provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas," and has a sign visible from a public right-of-way which advertises the availability of this adult type of photographic reproductions; or
Offers a sleeping room for rent for a period of time that is less than 10 hours; or
Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than 10 hours.
Shall mean a commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are regularly shown which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical area." Adult motion picture theaters shall meet the seating criteria established for adult theaters.
Shall mean a theater, concert hall, auditorium or similar commercial establishment which regularly features persons who appear in a state of nudity of live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities." Seating shall be provided in a design consistent with traditional movie theaters. All sitting areas shall be visible and unobstructed.
Shall mean the exhibition to the senses of another person for valuable consideration whether the valuable consideration is paid by the recipient of the exhibition or by another, and whether the exhibition occurs at the exhibitor's place of business or elsewhere.
Shall mean the appearance of a human bare buttock, anus, male genitals, female genitals or female breasts.
Shall mean the definition of obscene materials set forth in c. 95, L. 1978 as amended by c. 211, Section 1, L. 1982 (effective December 23, 1982 as N.J.S.A. 2C:34-2) as same shall be amended or supplemented, as well as in accordance with and not more strictly than judicial interpretations thereof pursuant to the Constitutions of the United States and of the State of New Jersey finally concluded in courts of jurisdiction sufficient to render decisions on constitutional questions of general application.
Shall mean an individual, proprietorship, partnership, corporation, association or other legal entity.
Shall mean an adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion picture theater or adult theater.
Shall mean:
Shall mean:
The fondling or other erotic touching of covered or uncovered human genitals, pubic region, buttock or female breasts;
Any actual or simulated act of human masturbation, sexual intercourse or deviate sexual intercourse;
Excretory functions as part of or in connection with any of the activities set forth in Subsections a and b.
c.
Location of Sexually Oriented Businesses.
1.
It shall be a violation of this section if a person operates or causes to be operated or allows to be operated a sexually oriented business:
(a)
Within 1,000 feet of a place of worship;
(b)
Within 1,000 feet of any school, whether public or private or within 1,000 feet of any school bus stop;
(c)
Within 1,000 feet of a boundary of a growth area, village or rural development district or zone;
(d)
Within 1,000 feet of any other sexually oriented business;
(e)
Within 1,000 feet of any residential use or zone;
(f)
Within 1,000 feet of any public park or playground.
2.
Measurements shall be made in a straight line, without regard to intervening structures or objects, from the nearest door of the structure used as a part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a place of worship, a school, a boundary of a residential district, a public park or playground, a lot devoted to residential use or a school bus stop.
3.
A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the establishment of the sexually oriented business, of a place of worship, school, public area, residential district or residential lot within 1,000 feet of the sexually oriented business.
4.
Sexually oriented businesses shall conform with design standards and development requirements established through the ordinances of the Township of Berkeley.
d.
Enforcement.
1.
Any person violating any provision of this section, upon conviction, is punishable by a fine not to exceed $1,000, or a term of imprisonment not to exceed 90 days or both. In no event shall any person violating this section, upon conviction, receive a fine below the amount of $100.
§ 35-127.15 Agricultural Commercial Establishments in the Pinelands Area.
[Ord. No. 01-21-OAB § 34]
Agricultural commercial establishments, excluding supermarkets, restaurants and convenience stores, may be permitted as a conditional use in those Pinelands Area Zones specified by this chapter, provided that the use shall adhere to the following standards:
§ 35-127.16 Non-Clustered Residential Development in the Pinelands Forest Area.
§ 35-127.17 Home Occupation.
[Ord. No. 2013-33-OAB; amended 12-16-2019 by Ord. No. 19-44-OAB; 8-21-2023 by Ord. No. 23-28-OAB]
A home occupation may be permitted as a conditional use in residential zones specified, provided that the use and/or structures shall adhere to the minimum standards of the particular zone and the following:
a.
There shall be no employees other than the bona fide residents of the dwelling.
b.
Customers, patients or clients shall be permitted on the premises.
c.
Permitted professions and occupations shall include, but not be limited to, architects, artists, authors or writers, members of the clergy, engineers, lawyers, musicians, physicians, website designers, dressmaking, millinery, light manufacturing, home cooking and preserving, and similar domestic crafts.
d.
The occupation shall be conducted entirely within the dwelling or accessory building.
e.
No sounds shall be audible outside the building.
f.
Not more than one home occupation shall be permitted per dwelling unit.
g.
Not more than 650 square feet of the dwelling or 50% of the first-floor area, whichever is less, shall be devoted to such accessory use. Basements, cellars or any other underground building areas shall be excluded from the total buildable area calculations.
h.
No use shall require external alterations to the dwelling unit.
i.
The outdoor storage of goods, materials or equipment shall be prohibited.
j.
No occupation shall alter the character of the residential area in which it is located.
k.
No equipment or process shall be used that creates vibration, glare, fumes, odors or electrical interference to neighboring property owners. The occupation shall not interfere with the quiet enjoyment of neighboring properties.
l.
There shall be no external display of a commercial use of the residential dwelling including, but not limited to, on-site parking of vehicles or equipment other than parking required for the residential dwelling which shall not interfere with residential parking on the street permitting the home occupation.
m.
Retail sales that require customers to pick up merchandise or other purchased items on the premises shall not be conducted on the property.
n.
Not more than one sign shall be permitted as set forth in Subsection 35-91.8.b.
o.
Deliveries of products related to the occupation shall be limited to courier or other services typically provided to residential neighborhoods. Deliveries by vehicles larger than single body trucks shall be expressly prohibited.
p.
Studios for karate or dance instruction, beauty salons, barber shops, or similar activities that generate disruptive noise or activity, or which create a parking problem in the neighborhood are specifically prohibited as home occupations.
q.
Home occupations involving contractors in construction or other trades and related businesses including but not limited to the following: plumbers, electricians, appliance repair, HVAC installation, carpet or commercial cleaning services, landscaping, courier service or any other similar or related trade or business may cause not more than one business-related vehicle to be parked in the private driveway of a single-family dwelling. Said vehicle shall not have a rated capacity exceeding 1 1/2 tons or 3,000 pounds and shall not have more than two axles. No materials or equipment shall be loaded or unloaded from a contractor's vehicle.
r.
The use of any dwelling by a resident who is employed full-time elsewhere and who brings home work from that employer, or who occasionally does additional work related to either his/her primary profession, shall not be considered a home occupation subject to the requirements of this section and is permitted as of right as an accessory use.
§ 35-127.18 Boat Sales and Showrooms.
[Ord. No. 2015-22-OAB § 10]
Boat sales and showrooms not in conjunction with a marina may be permitted, provided that the following standards and conditions are complied with:
a.
Outdoor storage of inventory shall not be stored closer than 25 feet to a right-of-way line or side or rear lot line and not closer than 10 feet to a building.
b.
If adjacent to a residential zone or existing residential use, a twenty-five-foot wide buffer area shall be provided. Said buffer areas shall consist of evergreen plantings and/or screen fencing capable of providing appropriate screening of the operations of the lot from adjoining residential uses and districts.
c.
One parking space shall be provided for each 200 square feet of gross floor area.
§ 35-127.19 Contractor and Craftsmen Offices.
[Ord. No. 2015-22-OAB § 10]
The offices of contractors and craftsmen subject to the following standards:
a.
The outdoor storage or display of vehicles, equipment and material shall be permitted provided same is located within the rear yard and setback minimum of 10 feet from any side or rear property line. Vehicles, equipment and material shall be fenced and shall not be permitted in a front or side yard.
b.
A twenty-five-foot wide landscaped buffer shall be provided to any and all adjoining residential zones or properties, which may abut the outdoor storage area.
§ 35-127.20 Bed and Breakfasts.
[Ord. No. 2015-22-OAB § 10]
Bed and Breakfast operations subject to the following standards:
a.
Bed and Breakfast establishments must be accommodated solely in a single-family dwelling which has been converted for such use and licensed by the New Jersey State Department of Community Affairs as a Bed and Breakfast establishment.
b.
The Bed and Breakfast establishment must be occupied by the owner of the facility as his or her place of residence during any time that the facility is used for the lodging of guests.
c.
The Bed and Breakfast establishment shall have a maximum of four guest rooms accommodating no more than eight guests. Guest stays shall not exceed 30 days during any 60 calendar day period.
d.
Breakfast is the only meal to be served and shall be provided only to the registered guests of the Bed and Breakfast establishment. No food or beverages of any kind shall be served or sold to the general public.
e.
Cooking facilities and smoking is prohibited in guest rooms.
f.
Sufficient off-street parking shall be provided on the lot to accommodate all guests and, in any case, one space per each guest room, plus two spaces for the permanent living quarters of the owner shall be provided at minimum. Off-street parking spaces shall be located in a side and/or rear yard. Parking is prohibited in the front yard. All parking areas and driveways shall be set back at least five feet from side property lines and at least 10 feet from the rear property line. The yard areas adjacent to parking spaces and driveways shall be landscaped to provide natural year-round screening from adjacent properties.
g.
One sign is permitted, either attached or freestanding but not both, measuring no more than six square feet; provided however that the maximum height of any freestanding sign shall be three feet from the ground level. Signs shall conform to all other applicable provisions of § 35-91.
h.
The residential character of the lot and dwelling shall not be changed. If additions or expansions to the principal dwelling are proposed, such additions or expansions shall maintain the architectural style and facade of the principal dwelling.
i.
The facility shall not operate as a rooming house or boarding house as defined by N.J.S.A. 55:138-3.
j.
Every Bed and Breakfast establishment shall maintain a guest register listing the name and permanent address of all guests, dates of arrival and departure, and the license plate identification number of any motor vehicle utilized by a guest.
k.
Bed and Breakfast establishments shall meet the bulk requirements of the zoning district in which it is located, or the following schedule of bulk requirements, whichever is more stringent:
Regulation | B&B |
|---|---|
Minimum lot area (square feet) | 5,000 |
Minimum lot frontage (feet) | 50 |
Minimum front setback7 (feet) | 358 |
Minimum rear setback (feet) | 20 |
Minimum side setback (feet) | 5 |
Minimum both sides (feet) | 15 |
Minimum floor area (square feet) | N/A |
Maximum lot coverage (%) | 35 |
Maximum structure height (feet) | 35 |
Accessory Buildings9 | |
Minimum rear setback (feet) | 5 |
Minimum side setback (feet) | 5 |
§ 35-127.21 Commercial Recreation Facilities.
[Ord. No. 2015-22-OAB § 10]
Commercial recreation facilities, provided that:
a.
Area shall be not less than 75 contiguous acres.
b.
Not more than 25% of the gross land area shall be covered by building.
c.
At least 10% of the gross land area shall be devoted to open areas, i.e., areas not covered by buildings or pavement which may be used for active or passive outdoor recreation.
d.
No structure shall be closer than 50 feet to any boundary line of the site. No pavement shall be closer than 20 feet to any perimeter property line.
e.
No structure shall be more than 35 feet in height.
f.
The continued use of the facility shall be subject to the operator obtaining an annual license.
g.
In the event that the facility is to be used for automobile racing, i.e., a facility used to race automobiles or other motor-driven vehicles against each other or against time, the use shall be only in accordance with the ordinance entitled "An Ordinance Providing for the Licensing of Motor Vehicle Racing Facilities and Racing Vehicles and Providing Standards for Same and Penalties for Violations," and amendments thereto of the Township of Berkeley. (See Chapter 5, General Licensing, § 5-24, Racing Facilities and Vehicles.) The site plan application shall demonstrate that the site incorporates design features which can be expected to result in compliance with the noise standards of that section.
§ 35-127.22 Special Development Standards for Industrial Parks.
[Ord. No. 2015-22-OAB § 10]
Special development standards for industrial parks shall occur only in accordance with an approved overall plan of not less than 10 acres. Construction may be staged and may occur after approval of overall plan, provided that:
a.
Adherence to the approved plan shall be a condition of approval.
b.
No individual lot of less than 40,000 square feet shall be created.
c.
Initial construction shall contain not less than 5,000 square feet of gross floor area for each individual building.
d.
An industrial park shall be developed at a rate of not less than two acres at one time.
e.
The plans for the building to be erected in an industrial park shall also be submitted with the site plan and approved prior to the issuance of a building permit.
f.
In accordance with the standards of this chapter, each use located in the Industrial Park Zone shall provide truck loading and unloading facilities on the same lot and in other than the required front yard so as to permit the transfer of goods in other than a public street or front yard area.
g.
All industrial park activities or processes shall take place within an enclosed building. Storage out-of-doors shall be shielded from any public street or adjacent residence zone by fencing, landscaping or other appropriate measure.
h.
In addition to the above requirements, industrial parks shall meet the following bulk requirements:
1.
Minimum Lot Frontage: 400 feet.
2.
Minimum Front Setback: 100 feet.
3.
Minimum Rear Setback: 50 feet.
4.
Minimum Side Setback: 50 feet.
5.
Setback Minimum for Both Sides: 100 feet.
6.
Minimum Rear Accessory Setback: 50 feet.
7.
Minimum Side Accessory Setback: 50 feet.
8.
Maximum Lot Coverage: 25%.
9.
Maximum Building and Structure Height: 35 feet.
§ 35-127.23 Breweries, Distilleries, Wineries, Taverns and Bars.
[Added 12-16-2019 by Ord. No. 19-44-OAB]
Breweries, distilleries and wineries 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.
No brewery, distillery or winery, shall be located within 500 feet of a school.
b.
No brewery, distillery or winery, shall be located within 500 feet of a restaurant or bar existing as of November 1, 2019.
c.
Outdoor seating shall be appropriately screened, or buffering will be provided either with fencing and/or landscaping as deemed necessary and specifically approved by the approving authority. Outdoor seating must comply with ADA accessibility requirements of N.J.A.C. 5:23-7.
e.
They comply with the sidewalk maintenance, ROW encroachment and pedestrian traffic requirements in § 17-3 of the General Code.
f.
They comply with the requirements of § 35-48 herein regarding buffers, screening and landscaping where abutting residential dwellings and residential zoning districts.
h.
They comply with the general bulk requirements of the zoning district in which they are located.
i.
Breweries, distilleries and wineries comply with the requirements of N.J.S.A. 33:1-10.
§ 35-127.24 Medical Marijuana Treatment Center or Alternative Treatment Center.
[Added 12-16-2019 by Ord. No. 19-44-OAB]
A medical marijuana treatment center (MMTC) or alternative treatment center (ATC) shall be subject to the following standards:
a.
Minimum distance from any school, day-care facility, or place of assembly shall be 1,000 linear feet measured lot line to lot line.
b.
Minimum distance from a residential zone shall be 300 linear feet measured lot line to lot line.
c.
Maximum hours of operation shall be no earlier than 8:00 a.m. and no later than 7:00 p.m.
d.
Prescriptions may be filled by appointment and in office only; drive-through facilities are not permitted.
e.
The reviewing board shall be satisfied that the off-tract circulation, and access to and from the site are adequate.
f.
Minimum lot width shall be 200 feet, minimum lot size shall be one acre, and minimum rear and side yard setbacks shall be 40 feet; minimum front yard setback shall be 50 feet, 25 feet of which shall be appropriately landscaped and buffered.
g.
No building shall exceed 35 feet in height. Not more than 50% of the lot area shall be occupied by buildings, parking areas, driveways, sidewalks and other paved or impervious areas.
i.
An alternative treatment center site management plan is required for an ATC and shall address at a minimum vehicle traffic control, and methods and designs to prevent loitering and promote public safety.
k.
The use shall not be any closer than 2,000 feet from a behavioral health care facility or residential medical detoxification center, or from another medical marijuana treatment facility or alternative treatment center.
§ 35-127.25 Behavioral Health Care Facility or Residential Medical Detoxification Center.
[Added 12-16-2019 by Ord. No. 19-44-OAB]
A behavioral health care facility or residential medical detoxification center shall be subject to the following standards:
a.
Such facility shall meet all of the requirements for the licensure by the Department of Human Services, State of New Jersey.
b.
The number of patients served at the location of the facility shall not exceed 50 persons.
c.
The use shall not be combined with a single-family detached, manufacturing, or industrial use.
d.
Minimum lot width shall be not less than 150 feet, minimum lot size shall be one acre, and minimum lot frontage shall be 150 feet.
e.
Minimum front yard setback shall be not less than 50 feet, of which 25 feet shall be appropriately buffered, and minimum rear and side yard setbacks shall be 40 feet.
f.
The use shall not be any closer than 2,000 feet from a medical marijuana treatment facility or alternative treatment center, or from another behavioral health care facility or residential medical detoxification center.
g.
The use shall not be any closer than 1,000 feet from a residential district or use.
h.
The use shall not be located within 1,000 feet of the property line of any place of assembly, school, day care facility, or public park.
§ 35-128 SUPPLEMENTARY REQUIREMENTS FOR CAMPGROUNDS.
[Ord. No. 09-07-OA § 3]
Campgrounds, where listed as a permitted use in this chapter, shall comply with the following supplemental requirements.
§ 35-128.1 Definitions.
[Ord. No. 09-07-OA § 3]
The following words and terms, when used in this section, shall have the following meanings unless the context clearly indicates otherwise:
Shall mean a portable structure, which is self-propelled or mounted on or towed by another vehicle, and which is designated and used for temporary living for travel, recreation, vacation. Camper does not include mobile homes.
Shall mean a plot of ground upon which two or more campsites are located, established or maintained for occupancy by camping units of the general public as temporary living quarters for children or adults, or both, pursuant to the provisions and limitations of Subsection 35-128.7 of this section, for recreation, education or vacation purposes.
Shall mean any tent or camping vehicle located temporarily on a campsite, or a cabin, lean-to or similar structure established or maintained and operated in a campground as temporary living quarters for children or adults, or both, for recreational, educational or vacation purposes, but not including any camping unit kept by its owner on land occupied by him in connection with his dwelling or any camping unit which is not occupied and which is kept at a campground for storage purposes only at a location reserved for the storage of such camping units.
Shall mean a place used or suitable for camping on which a temporary shelter such as a tent or camper may be placed and occupied on a temporary and seasonal basis.
Shall mean a recreational vehicle designed to be towed by a motorized vehicle containing a towing mechanism mounted above or forward of the tow vehicle's rear axle.
Shall mean a recreational vehicle built on or permanently attached to a self-propelled motor vehicle chassis, chassis cab or van that is an integral part of the completed vehicle.
Shall mean the person or persons having legal authority to permit the occupancy of a public campground by campers.
Shall mean a recreational vehicle that is built on a single chassis mounted on wheels and certified by the manufacturer as complying with the American National Standards Institute standard A119.5. (See American National Standard Institute's Recreational Vehicle Industry Association, 1896 Preston White Drive, Reston, VA 22090.)
Shall mean a vehicular-type unit primarily designed as temporary living quarters for recreational camping or travel use. The vehicle shall have either its own motive power or be mounted on or towed by another vehicle. Recreational vehicles include, but are not limited to, camping trailers, fifth wheel trailers, motor homes, park trailers, travel trailers, and truck campers.
Shall mean a person who is 18 years of age or older, who shall be accountable to the public campground owner for the actions of all campers in his or her party.
Shall mean a recreational vehicle designed to be towed by a motorized vehicle containing a towing mechanism which is mounted behind the tow vehicle's bumper.
Shall mean a recreational vehicle consisting of a roof, floor, and sides, designed to be loaded onto and unloaded from the bed of a pickup truck.
§ 35-128.2 Access.
[Ord. No. 09-07-OA § 3]
Each public campground shall have convenient access for the entry and exit of traffic from the public highway.
§ 35-128.3 Service Roads and Parking Areas.
[Ord. No. 09-07-OA § 3]
a.
Service roads within a public campground shall permit convenient and safe movement of traffic. Service roads, constructed after July 15, 1996, shall have a width of at least 10 feet per traffic lane and eight feet per parallel parking lane. Curves on such service roads shall have a minimum internal radius of 25 feet. Turnabouts shall be provided for all dead-end driveways over 100 feet in length. Turnabouts designed for recreational vehicles shall have a minimum internal radius of 25 feet.
b.
Service roads and parking areas shall be maintained free of potholes, dust nuisance, and safety hazards.
§ 35-128.4 Campsite Location.
§ 35-128.5 Campsite Layout.
[Ord. No. 09-07-OA § 3]
a.
Each campsite shall be well-drained, with no pooling of water, and shall provide sufficient open and graded space for the accommodation of camping units.
b.
Each campsite shall provide parking space for an automobile which space shall not interfere with the convenient and safe movement of traffic.
c.
Unless necessary to meet the requirements of this chapter, trees, underbrush, large rocks and vegetative cover shall be left intact, in order to ensure privacy, facilitate drainage, prevent erosion and preserve the scenery.
§ 35-128.6 Campsite Density and Area.
[Ord. No. 09-07-OA § 3]
a.
The minimum tract size for a campground shall be eight acres. The tract may be located in multiple zoning districts, provided that the campground use is permitted in each zoning district within which the minimum tract area is located.
b.
Density shall not exceed 200 persons and 20 campsites per acre, inclusive of service roads, toilet buildings, and all other buildings.
c.
Each campsite shall consist of a minimum of 900 square feet, including the parking space.
§ 35-128.7 Campsite Occupancy.
[Ord. No. 09-07-OA § 3]
a.
The public campground owner shall require the responsible party to register prior to occupancy and to provide the following information:
1.
The name of the responsible party;
2.
The permanent address of the responsible party;
3.
The make and model of vehicle, state of vehicle registration, and vehicle license tag number;
4.
The number of persons in the party;
5.
The length of stay;
6.
The signature of the responsible party; and
7.
Permanent home telephone number.
b.
Public campgrounds shall not be used for the purpose of domicile or residence. The public campground owner shall take such measures as are necessary to prevent the use of any camping unit within a campground for domicile or residence.
c.
Policies and procedures shall be established by the public campground owner to effectively implement the provisions of this chapter. Such policies and procedures shall be reflected in all lease agreements.