Freehold Township City Zoning Code
ARTICLE XIX
Conditional Use Permits
§ 190-191 Minimum requirements.
A.
In recognition of the fact that certain necessary uses and operations may be, or may become, inimical to the health, safety and general welfare of the public, if located without special consideration of their relationship with and effect upon the surrounding area and uses therein, procedures and regulations are hereby established for conditional use permits to be granted as a conditional exception to certain provisions of this chapter as provided under N.J.S.A. 40:55D-67. The following standards and requirements are hereby established as minimum requirements supplementary to all other requirements of this chapter pertaining to performance standards, off-street parking facilities, signs, fences, and buffers.
(1)
Application for any conditional use permit as provided in this chapter shall be made to the Planning Board.
(2)
Upon hearing and considering the matter, the reviewing board may direct the Zoning Officer and the Construction Official to issue conditional use and building permits, if in its judgment any one of such cases will not be detrimental to the health, safety, and general welfare of the Township and is deemed necessary for its convenience may be permitted in specified zones only upon receipt of a conditional use permit, and provided that the following standards are met, together with any other requirements deemed necessary by the Planning Board and any other applicable requirements of this chapter.
B.
Reinspection of premises. In such instances where conditional use permits have been issued, the Township reserves the right to reinspect the premises for which such conditional use permit has been granted through its Zoning Officer at such times as it may deem necessary.
C.
The Planning Board shall grant or deny an application for a conditional use within 95 days of the date upon which the application is deemed complete or within such further time as may be consented to by the applicant.
(1)
The review by the Planning Board of a conditional use shall include any required site plan review pursuant to Articles V and VI (§ 190-31 et seq.) of this chapter. The time period for action by the Planning Board on conditional uses pursuant to Subsection A of this subsection shall apply to such site plan review. Failure of the Planning Board to act within the period prescribed shall constitute approval of the application and a certificate of the administrative officer as to the failure of the Planning Board to act shall be issued on request of the applicant and it shall be sufficient in lieu of the written endorsement or other evidence of approval, herein required, and shall be so accepted by the county recording officer for purposes of filing subdivision plats.
(2)
Whenever review or approval of the application by the County Planning Board is required, in the case of a subdivision, or in the case of a site plan, the Township reviewing board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board by its failure to report thereon within the required time period.
§ 190-192 Swim clubs.
Swim clubs as defined by this chapter may be permitted in specified residential zones only upon receipt of a conditional use permit, and provided that the following standards are met, together with any other requirements deemed necessary by the Planning Board, and any other applicable requirements of the chapter:
A.
The standards of the Board of Health and any other Township or state agency established for the regulation of swimming pools and swimming clubs shall be complied with.
B.
No swim club shall be located on a site having an area of less than five acres and a minimum street frontage of 300 feet.
C.
No swimming pool, sun deck, dressing room, or other structure shall be located closer than 75 feet to any property line.
D.
A swim club site shall have direct access onto an existing or proposed secondary arterial or major collector road as indicated on the Township Master Plan, as amended.
§ 190-193 Public or private schools.
Public or private schools including colleges may be permitted in specified zones only upon receipt of a conditional use permit, and provided that the following standards are met, together with any other requirements deemed necessary by the Planning Board and any other applicable requirements of this chapter:
A.
The school shall be approved by the New Jersey Department of Education.
B.
A school site shall have direct access onto an existing or proposed secondary arterial or collector road as indicated on the Township Master Plan, as amended.
C.
The minimum lot area for an elementary school shall be five acres plus one additional acre for each 100 pupils.
D.
The minimum lot area for all other schools shall be 10 acres plus one additional acre for each 100 pupils.
E.
The minimum street frontage shall be 500 feet.
F.
No building shall be located nearer than 100 feet to any property line.
§ 190-194 Houses of worship.
[Amended 9-25-2007 by Ord. No. O-07-25; 6-17-2008 by Ord. No. O-08-11]
Houses of worship shall be permitted in any residential zone upon receipt of a conditional use permit and provided that the following standards are met, together with any other requirements deemed necessary by the Planning Board and any other applicable requirements of this chapter:
A.
The minimum area shall be three acres and a minimum frontage shall be 250 feet with one-hundred-foot front setback, seventy-five-foot side yards and seventy-five-foot rear yard.
B.
The site shall have direct access to a street classified as a minor arterial, major collector, minor collector or collector street in the Township Master Plan, as amended.
C.
Maximum building coverage for all buildings shall be 20%.
D.
Maximum impervious surface coverage shall be 40%.
§ 190-195 Golf courses and country clubs.
[Amended 12-27-2005 by Ord. No. O-05-48]
Golf courses and country clubs shall be a permitted use in the R-25 Zone, R-E Zone, R-R Zone and the R-40 Zone, subject to site plan approval by the Planning Board of the Township, and provided that the following standards are met, together with any other requirements deemed necessary by the Planning Board and any other applicable requirements of this chapter:
A.
The site shall comprise a minimum of 50 acres and shall provide as a minimum a nine hole regulation golf link with a minimum playing distance of 2,500 yards from the first tee to the last green.
B.
The operation of the golf course shall be restricted to daylight hours and shall not include what are commonly known as golf driving ranges, miniature golf courses, or pitch-and-putt golf courses, par-three courses.
C.
The site shall have direct access to a road classified as a secondary arterial, major collector road or minor collector road by the Township Master Plan, as amended.
D.
No building shall be erected nearer than 100 feet to any property line.
E.
The operation may include, in addition to a clubhouse and other buildings normally accessory to a golf course operation, a restaurant which may be operated under the same ownership and management as the golf course.
F.
The design and location of any restaurant constructed in conjunction with a golf course shall be such that the restaurant will blend harmoniously with the golf course and the area in which the golf course is situated.
G.
No restaurant shall be opened for operation prior to the completion of the construction of the golf course.
§ 190-196 Car wash facilities. [1]
[Added 3-17-2009 by Ord. No. O-09-3]
Car wash facilities as defined by the North American Industrial Classification System and classified as NAICS 811192 restricted may be permitted in the CMX-3 Zone District only upon receipt of a conditional use permit, provided that:
B.
The following conditions are met, together with any other applicable requirements of this chapter and other chapters of the Code of Freehold Township:
(1)
The car wash facility shall be constructed as a masonry building designed of the same facade material as other buildings located on site, provided that the building meets the design standards of § 190-114, Architectural design requirements for commercial, office and industrial development.
(2)
The car wash facility shall be located a minimum of 400 feet from a public street and any residential property.
(3)
The car wash facility shall be located a minimum of 100 feet from any public building, house of worship or building utilized for public assembly and from any office building or potential office building based upon minimum building setback requirements. (As an example, if an existing building has a required rear or side yard setback of 50 feet from the property line, the car wash facility would be required to be set back 50 feet from the coterminous property line. If a vacant property exists adjacent to the car wash facility property which permits office uses and a twenty-five-foot rear or side yard setback, the car wash would be required to be set back 75 feet from the applicable property line or lines.)
(4)
A drive-through car wash facility shall provide a stacking area sufficient for not fewer than 15 automobiles or that number of vehicles capable of being processed during a 1/2 hour period, whichever is greater. A space of nine feet by 18 feet shall be deemed adequate for each required space. Stacking of automobiles shall not be permitted in the public right-of-way or any area designated as a driveway or fire access lane.
(5)
No part of the areas required herein for stacking and bypass lanes in connection with a car wash facility or for exiting from the car wash facility to the street shall be blocked or used for any other purpose, except that a bypass lane may accommodate other through traffic on the lot.
(6)
The car wash building shall be self-contained to the greatest extent feasible, and all fans, blowers, dryers, vacuums and other mechanical equipment shall be located on the side of the building not facing any public building, residence or office building. Vacuuming facilities outside the building may not be located in any required yard area.
(7)
Adequate provision shall be made to prevent excessive noise from emanating from the facility. The sound produced by any mechanical equipment involved in the operation of a car washing facility shall not exceed 75 dB(A) when measured next to an adjacent residential district or other noncommercial use or 80 dB(A) when measured in or adjacent to any commercial district.
(8)
A drying cycle or hand-drying of vehicles shall be provided as a mandatory component of the car wash service, and heated pads and drainage grates shall be placed at or near each exit from an automatic car wash facility to reduce the potential for icing on the site and on public streets.
(9)
Water conservation and water recycling methods shall be utilized such that at least 80% of the water used in the washing/rinsing of a vehicle is recycled.
(10)
All discharge of water used in the washing of vehicles shall be to the sanitary sewerage system and not into any storm sewer or detention system. The proposed connection to the sanitary sewer connection shall be submitted to and approved by the Water and Sewer Utility Engineer.
(11)
Parking spaces. A minimum of three spaces or one space for each employee on a maximum shift, whichever is greater, is required. If a car wash facility includes detailing, one additional parking space shall be provided for each detailing station.
(12)
Car wash systems employing high-pressure sprays shall:
(a)
Include building drains sized to accept 200% of maximum water flow and shall discharge into enclosed piping connected to the recycling facility equipment prior to discharge to the sanitary sewer system.
(b)
Be arranged as to contain all spray within the car wash structure.
(c)
Have exit aprons equipped with grate drains and pitched for a minimum of 20 feet toward the car wash structure at a gradient of at least 1/4 inch per foot.
(13)
An application for a car wash facility shall include the following information with the application:
(a)
A recycling system for all wash water, rinse water and wastewater acceptable to the Planning Board, Water and Sewer Utility Departments and Township Engineer. No car wash shall be permitted which does not contain, within an integral part of the car wash equipment and facility, an acceptable water recycling system.
(b)
Complete details, including the volumes of wash water, rinse water and wastewater recovered and recycled from the system, the total volume of water, in gallons, used in the car wash process, the type of car wash detergent and chemicals used and a completed detailed plan of the automatic car wash operation, shall be provided. The applicant must document the system demands and recycling capabilities to demonstrate that the system recycles over 80% of water used in the vehicle washing procedure.
(c)
The method(s) for removal of contaminants, including but not limited to grease, oil, solvents or flammable liquids, shall be provided. The location of processed discharge wastewater into the sanitary sewer system must be provided.
(d)
The proposed hours of operation during the week and on weekends.
(14)
The facility shall provide a suitable meter on the recycling system effluent line to allow the Township to monitor compliance with recycling requirements. Water and sewer connection fees shall be based on the prevailing Township connection fees per equivalent unit (EU) as developed by the proposed facility based on the maximum capacity (washes per hour) of the facility for the maximum proposed daily hours of operation (whether occurring on a weekday or weekend) times the net loss of water to the sanitary sewer connection per vehicle following all recycling procedures, plus 15 gallons per day per employee, inclusive of hand-drying staff.
[1]
Editor’s Note: Former § 190-196, Golf training centers, was repealed 11-29-2005 by Ord. No. O-05-39.
§ 190-197 Gasoline filling stations.
[Amended 5-28-2013 by Ord. No. O-13-16]
Gasoline filling stations provided that the following standards are met, together with any other applicable requirements of this chapter:
A.
The minimum site area shall be 80,000 square feet.
B.
The minimum street frontage shall be 150 feet.
C.
No gasoline filling station shall be located closer than 3,000 feet to any other gasoline filling station. The distance shall be measured between the property lines of the respective sides.
D.
No pits, racks, or lifts shall be permitted out of doors nor shall any repair work be performed out of doors.
E.
Gasoline pumps shall be located at least 30 feet from any property line.
F.
All fuel oil, or similar volatile substances shall be stored as per National Fire Prevention Association standards.
G.
No ingress or egress drives shall be located closer than 50 feet to any street intersection nor closer than 30 feet to any other drive on the same site or any other property. Such ingress and egress drives shall have a width of at least 20 feet, but not more than 30 feet.
H.
No paved area other than an ingress or egress drive may be located within 10 feet of any property line.
I.
All unpaved areas of the site shall be graded and planted with grass, shrubs, trees or other suitable landscaping material.
J.
No building shall be erected nearer than 50 feet to any street line nor nearer than 20 feet to any side or rear property line.
K.
Only those items necessary and related to the operation of a motor vehicle or dispensed from vending machines shall be sold from gasoline filling stations.
§ 190-197.1 Gasoline filling stations with convenience stores.
[Added 2-26-2013 by Ord. No. O-13-5]
Gasoline filling stations with a convenience store, provided that the following standards are met, together with any applicable requirements of this chapter:
A.
The minimum site area shall be three acres.
B.
The minimum street frontage shall be 300 feet. On corner lots, the street frontage on the primary roadway shall be 300 feet and on the secondary roadway the street frontage shall be 200 feet.
C.
No pits, racks, or lifts shall be permitted out of doors, nor shall any repair work be performed out of doors.
D.
Gasoline pumps shall be located at least 50 feet from any property line.
E.
All fuel, oil, or similar volatile substances shall be stored as per National Fire Prevention Association standards.
F.
No ingress or egress drives shall be located closer than 50 feet to any street intersection nor closer than 30 feet to any other drive on the same site or any other property. Such ingress and egress drives shall have a width of at least 20 feet but not more than 30 feet.
G.
No paved area, other than an ingress or egress drive, may be located within 10 feet of any property line.
H.
All unpaved areas of the site shall be graded and planted with grass, shrubs, trees or other suitable landscaping material.
I.
No building shall be erected nearer than 100 feet to any street line, and no structure including canopies shall be erected nearer than 50 feet to any front, side or rear property line.
J.
Illumination shall be such that no direct glare from the lights shall fall upon adjoining streets or properties.
K.
The sale, rental or lease of new or used vehicles shall be prohibited.
L.
There shall be no drive-through facilities associated with the convenience store.
M.
Outdoor solid waste disposal containers and dumpsters shall be contained within masonry structures with the same fascia material as the convenience store or gas station building.
N.
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.
O.
Convenience stores shall be permitted, provided that:
(1)
They contain not less than 2,000 square feet and not more than 5,000 square feet of gross floor area;
(2)
Parking space is provided for each 100 square feet of floor area devoted to the convenience store.
(3)
Parking and pedestrian circulation for the handicapped shall conform with the Americans with Disabilities Act; and
(4)
The location and access to the convenience store does not impede or interfere with vehicular and pedestrian circulation to and from fuel pumps.
P.
Any gasoline filling station, gasoline service station, gasoline filling stations with convenience stores dispensing gasoline and diesel fuel to the public shall have an appropriately sized emergency standby generator system as defined in § 190-3, capable of operating fuel pumps, cash registers and lighted signs in the event of power outage for at least 18 hours. Separate convenience store facilities need not have an emergency standby generator system, to the extent that the facilities set forth herein have such a system.
[Added 7-23-2019 by Ord. No. O-19-12]
§ 190-198 Veteran and service organization facilities.
Veteran and service organization facilities are permitted upon issuance of a conditional use permit and compliance with the following standards, together with any other requirement deemed necessary by the Planning Board:
§ 190-199 Campgrounds.
A.
Campgrounds may be permitted in specified zones only upon receipt of a conditional use permit and provided that the following standards are met, together with any other requirements deemed necessary by the Planning Board and any other applicable requirements of this chapter:
B.
The minimum site area for a campground shall be 25 acres.
C.
No campsite within a campground shall be closer than 50 feet from a property line.
D.
Each campsite (including the parking space) within a campground shall provide a minimum of 2,500 square feet of space.
E.
Interior roads shall be built to design specifications approved by the Planning Board depending on specific site characteristics; one-way interior roads shall have a minimum graded width of 15 feet.
F.
An adequate supply of potable water, capable of supplying a total capacity of at least 100 gallons per campsite per day; water closets shall be provided at one or more locations in every campground.
G.
The water points shall be convenient of access and shall be located not farther than 300 feet from any campsite upon which any tent is established therein; water shall be located on each and every site whereupon a camping vehicle is established, and electrical service shall be provided within 50 feet of any campsite wherein a camping vehicle is established.
H.
No ingress or egress drives shall be located closer than 50 feet to any street intersection nor closer than 30 feet to any other drive on the same site or any other property. Such ingress and egress drives shall have a width of at least 20 feet, but not more than 30 feet.
I.
No paved area other than an ingress or egress drive may be located within 10 feet of any property line.
J.
No building shall be erected nearer than 65 feet to any street line or side or rear property line.
K.
The site shall have direct access to a road classified as a secondary arterial or major collector road by the Township Master Plan, as amended.
L.
No campground shall be located nearer than 2,000 feet from any other campground property line to property line.
M.
No campground shall be permitted which is not, or cannot be, adequately screened from adjacent properties by vegetation and or terrain.
N.
At least two public telephones shall be provided in the campground.
O.
Issuance of a grant of approval is required for all facilities by the State Department of Health.
§ 190-200 Adult uses.
[Amended 9-25-2007 by Ord. No. O-07-25; 3-27-2012 by Ord. No. O-12-4; 12-22-2015 by Ord. No. O-15-26]
Adult bookstores, adult motion-picture theaters, body painting studios, exotic dance or strip clubs, modeling shops and tattoo shops may be permitted in the specified zones only upon receipt of a conditional use permit and provided that the following standards are met, together with any other requirement deemed necessary by the Planning Board and any other applicable requirements of this chapter:
A.
No establishment or business with a use encompassing those encaptioned above shall be located closer than 3,000 feet to any school, hospital, house of worship, library, or public building.
B.
No establishment or business with a use encompassing those encaptioned above shall be located closer than 3,000 feet to any adult bookstore, adult motion-picture theater, body painting studio, exotic dance or strip club, modeling studio or tattoo shop.
C.
No establishment or business with a use encompassing those encaptioned above shall be located closer than 2,000 feet to an area zoned for residential use or business commercial use.
D.
When any existing building is converted from any use to one of those listed above under the general term "adult uses," then, in that event, a full and complete site plan shall be submitted and reviewed in accordance with the provisions of this chapter.
§ 190-201 Cemeteries.
A.
Cemeteries may be permitted in specified zones only upon receipt of a conditional use permit, provided that the following standards are met together with any other requirements deemed necessary by the Planning Board and any other applicable requirements of this chapter:
(1)
Applicant shall possess a current certificate of authority issued pursuant to N.J.S.A. 45:27-1 et seq., New Jersey Cemetery Act of 2003, and shall be in full compliance with the provisions of N.J.A.C. 3:40-1.5 et seq.
(2)
Grave sites shall be set back a minimum of 100 feet from any street line and 50 feet from all other property lines.
(3)
Principal and/or accessory structures, including mausoleums, shall be set back a minimum of 200 feet from all property lines.
(4)
Parking requirements shall be determined by the Planning Board and no parking shall be located closer than 100 feet to any street line.
B.
The location and operation of existing cemeteries are hereby recognized and ratified. Any additions thereto, however, are subject to the provisions of this chapter.
§ 190-202 Cluster development.
[Amended 12-27-2005 by Ord. No. O-05-48]
Cluster residential development shall be permitted in the R-R and R-E Zones only upon receipt of a conditional use permit and provided that the following standards are met, together with any other requirements deemed necessary by the Planning Board to achieve the purposes of the RR Rural Residential and R-E Rural-Environmental Zones:
A.
The minimum lot area shall be 50 acres.
B.
A lot yield map shall be prepared in accordance with the requirements of the RR or R-E Zone to determine the number of lots permitted under the applicable zone regulations.
C.
Permitted single-family residences may be developed in accordance with the following standards:
(1)
Minimum lot area: R-E Zone, three acres; RR Zone, three acres.
(2)
Minimum lot width and frontage: R-E Zone, 300 feet; RR Zone, 250 feet.
(3)
Minimum lot depth: R-E Zone, 500 feet; RR Zone, 250 feet.
(5)
Floor area ratio: 0.05.
(6)
Maximum building height: 35 feet and 2 1/2 stories.
(8)
Minimum developable area. All buildings and on-site septic systems shall be located within a developable lot area of not less than two acres in the R-E Zone and two acres in the RR Zone and shall be located within an area that can be circumscribed by a circle not less than 150 feet in diameter. Developable lot area shall not include land that is within an existing one-hundred-year floodplain, land that is located within an area designated as freshwater wetlands by the NJDEP or U.S. Army Corps or Engineers, land designated as a wetlands transition area by the NJDEP, land which has slopes of 12% or greater, or land which has a seasonable depth to seasonal high-water table of 48 inches or less.
D.
All cluster developments shall provide a minimum of 40% of the total tract area for permanent open space through permanent conservation easements, dedication to Freehold Township, the County of Monmouth and/or the New Jersey Department of Environmental Protection.
E.
The proposed dedicated open space area must be contiguous to open space owned by Freehold Township, the County of Monmouth and/or the New Jersey Department of Environmental Protection and/or will be accepted by one or more of these agencies.
§ 190-202.1 R-40 cluster development.
[Added 2-26-2013 by Ord. No. O-13-5]
Cluster residential development shall be permitted in the R-40 Zone only upon receipt of a conditional use permit and provided that the following standards are met:
A.
The minimum lot area shall be 50 acres.
B.
A lot yield map shall be prepared in accordance with the requirements of the R-40 Zone to determine the number of lots permitted under the applicable zone regulations.
C.
Permitted single-family residences may be developed in accordance with the following standards:
(1)
Minimum lot area: 30,000 square feet.
(2)
Maximum gross density (du/ac): 0.9.
(3)
Minimum lot width and frontage: 125 feet.
(4)
Minimum lot depth: 150 feet.
(6)
Floor area ratio: 0.12.
(7)
Maximum building height: 35 feet and 2 1/2 stories.
(8)
Scenic corridor buffer: 35 feet.
(10)
Developable lot area shall not include land that is within an existing one-hundred-year floodplain, land that is located within an area designated as freshwater wetlands by the NJDEP, land designated as a wetlands transition area by the NJDEP, land which has slopes of 12% or greater, and land which has a seasonable depth to seasonal high-water table of 48 inches or less.
D.
All cluster developments shall provide a minimum of 40% of the total tract area for permanent open space through permanent conservation easements and/or dedication to Freehold Township or the County of Monmouth.
§ 190-203 Planned commercial development. [1]
[Added 8-28-2012 by Ord. No. O-12-18; amended 2-26-2013 by Ord. No. O-13-5]
Planned commercial development is permitted upon issuance of a conditional use permit, in compliance with the following standards:
A.
Minimum lot area: four acres.
B.
Minimum frontage on a minor arterial roadway: 350 feet.
C.
Planted buffer adjacent to residential development: 35 feet.
D.
Planted buffer adjacent to nonresidential development: 15 feet.
E.
Front setback: 75 feet.
F.
Rear setback: 35 feet.
G.
Side yard: 50 feet.
H.
Minimum floor area per commercial use: 3,000 square feet; provided, however, that the minimum floor area per commercial use may be reduced to 1,500 square feet, provided that the facade of the building includes articulated setbacks of a minimum of five feet for every 100 feet of facade and the architectural features of the front facade shall give the appearance of separate buildings for every 200 feet of building facade frontage.
[1]
Editor's Note: Former § 190-203, Life care and senior resident facilities, was repealed 12-8-2009 by Ord. No. O-09-32.
§ 190-204 Motels and hotels.
[Amended 6-22-2004 by Ord. No. O-04-23]
Motels and hotels, motor hotels, and similar commercial establishments providing transient lodging or lodging and meals for the general public may be permitted by this chapter in specified districts only upon receipt of a conditional use permit and provided that the following special design standards and conditions established herein are met:
A.
Purpose. Hotels and motels require special location and design standards to ensure compatibility of this type of use with its immediate surrounding uses.
B.
Special design standard and conditions. The following special design standards and conditions shall be provided:
(1)
A motel, hotel or motor lodge shall provide a minimum of 100 guest sleeping bedrooms.
(2)
The minimum site area shall be four acres.
(3)
The minimum street frontage shall be 300 feet.
(4)
A minimum planted buffer of 25 feet shall be provided between the hotel/motel use and rear and side yard lines of nonresidential zones and 50 feet adjacent to residential uses within residential zones. Such buffers shall be planted of conifers and other plant materials so as to create a visual barrier to hotel and motel rooms, pools and exterior patios, and other meeting or public congregation areas.
(5)
A fire safety plan for evacuation of motel/hotel guests shall be submitted to the Planning Board and Fire Prevention Bureau for review and approval.
(6)
A security plan shall be submitted to the Planning Board and Chief of Police for review and approval.
(7)
Architectural plans shall be provided incorporating sound, light and visual protection plans for lodging areas. Elevations and architectural details shall show the type of structure(s), facade design and exterior fabric material and design compatibility with area structures.
(8)
Access to all guest rooms shall be from interior hallways. No guest rooms shall access directly to the outside of the building.
[Added 8-23-2005 by Ord. No. O-05-26]
C.
A motel or hotel site that has a minimum of four or more acres may include one freestanding building that may include one or more restaurant, coffee shop, bagel shop or other prepared food establishment, provided that the freestanding restaurant and/or food service facility shall have a minimum combined floor area of 5,000 square feet but not more than 10,000 square feet, and further provided that there shall be not less than 1,500 square feet for each food service vendor and that no drive-through service shall be permitted. Any freestanding building shall be located at or near the frontage on the arterial or major collector street, shall provide parking that does not impair the parking required for the hotel or motel, and its exterior facade shall be designed with the same or compatible building facade materials as the hotel or motel in accordance with the architectural standards for commercial uses within this chapter.
D.
Motels and hotels within the CMX-3 Zone shall have a floor area ratio (FAR) that shall not exceed 0.20. Motel and hotel buildings shall not exceed 45 feet and three stories in height, provided that any three-story structure or three-story portion of any structure shall have a minimum setback of 100 feet from any rear or side yard line that abuts a residential zone.
E.
Upon preliminary and final site plan approval for a hotel or motel use that includes other permitted or conditional uses on the same property, a subdivision of the property may be approved in conjunction with final site plan approval conditioned upon the approved hotel or motel use obtaining building permits and initiation of construction on the property, provided that the hotel or motel lot shall be not less than four acres in area, and further provided that any lots subdivided for any other permitted or conditional uses shall not be less than three acres in area.
§ 190-205 Supportive care housing for low- and moderate-income senior citizens and the handicapped.
A.
Supportive care housing for low- and moderate-income senior citizens and the handicapped may be permitted by this chapter in the R-40 Zone District only upon receipt of a conditional use permit, provided that the following conditions established herein are complied with:
B.
The purpose of the supportive care housing for senior citizens and the handicapped is to provide for the special needs of low- and moderate-income senior citizens and the handicapped within R-40 Residential Zone District in accordance with the Freehold Township Fair Housing Plan. Due to the unique requirements of senior citizens and physically handicapped individuals, supportive care housing facilities can require greater height, less parking, ancillary maintenance and support facilities and special design standards not normally associated with single-family dwellings permitted in the R-40 Residential Zone District or with conventional for multifamily housing permitted in other residential zone districts within Freehold Township. Special design standards include building setbacks, buffers, screening, fire safety, security, aesthetics, parking standards, building setbacks, density and floor area ratio standards as follows:
(1)
Minimum tract size shall be 200 acres and minimum buildable development area shall be 40 acres. In calculating the minimum tract size, contiguous areas of the tract located within a R-R Zone District may be included as part of the tract area. Areas dedicated or to be dedicated for conservation purposes may be considered in calculating the minimum tract size even though held in the name of a different entity, provided that the area was part of the lot on the date of the passage of this section amendment and restricted for conservation and against further development.
(2)
The minimum street frontage on a collector or arterial roadway according to the Freehold Township Master Plan shall be 500 feet.
(3)
In addition to the primary access drive, a minimum of one additional and separate emergency access road shall be provided to the project site. The secondary access or emergency road shall be capable of two-way traffic for emergency vehicles including ladder and platform fire equipment in accordance with Township roadway design standards and requirements of the Township Engineer, and requirements of the Bureau of Fire Prevention for safety and emergency access.
(4)
A planted buffer strip a minimum of 25 feet in width shall be required at the perimeter of the supportive care housing facility development area adjacent to existing developable residential zone districts. Existing natural vegetation shall be utilized to the greatest extent feasible and shall be supplemented where required with evergreen plant materials in accordance with a landscape plan to be approved by the Planning Board.
(5)
A fire safety plan shall be submitted to the Planning Board. The Board shall forward same to the Fire Prevention Bureau for review and recommendations to the Board.
(6)
A security plan shall be submitted to the Planning Board. The Board shall forward same to the Police Chief for review and recommendations to the Board.
(7)
All buildings 35 feet or less shall be located a minimum of 200 feet from the arterial or collector roadway and 50 feet from the perimeter of the remainder of development area. Buildings greater than 35 feet in height but not to exceed 60 feet or five stories in height shall be located a minimum of 200 feet from any public roadway and not less than 100 feet from any residential property line.
(8)
Parking spaces shall be provided at the rate of 1/4 space per dwelling unit plus one space for each employee on the maximum shift.
(9)
Supportive care housing structures shall be designed to minimum standards for congregate care facilities as established by the New Jersey Housing Mortgage Finance Agency and the New Jersey Council on Affordable Housing Regulations.
(10)
The maximum number of units shall be 500.
(11)
Maximum building coverage shall not exceed 25% of the development area.
(12)
Maximum impervious surface coverage shall not exceed 35% of the development area.
(13)
The maximum floor area ratio shall be 0.50 of the development area.
§ 190-206 Wireless telecommunications towers and antennas.
A.
Antennas and towers that are not municipal facilities. Wireless telecommunications towers and antennas that are not municipal facilities (see § 190-169) may be conditionally permitted on nonmunicipal property in the M-1 Industrial Zone upon submission and approval of a site plan and conditional use permit in accordance with the regulations set forth below:
B.
Aesthetics. Towers and antennas shall meet the following requirements:
(1)
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.
(2)
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.
(3)
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.
C.
Lighting. Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views.
D.
State and 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.
E.
Measurement. For purposes of measurement, tower setbacks and separation distances shall be calculated and applied to facilities located in Freehold Township irrespective of municipal and county jurisdictional boundaries.
F.
G.
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, 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:
(1)
No existing towers or structures are located within the geographic area that meets an applicant's engineering requirements.
(2)
Existing towers or structures are not of sufficient height to meet applicant's engineering requirements.
(3)
Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.
(4)
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.
(5)
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 presumed to be unreasonable.
(6)
The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.
(7)
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. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable.
H.
Minimum required setback. The following minimum setback requirements shall apply:
(1)
Towers must be set back a distance equal to at least 100% of the height of the tower from any adjoining lot line, but in no event shall the tower be located in the minimum required yard area or buffer area of the zone district.
(2)
Guy wires and accessory buildings must satisfy the minimum zoning district setback and buffer requirements.
I.
Minimum separation requirement between uses. The following separation requirements shall apply:
(1)
Separation from off-site uses/designated areas.
(a)
Tower separation shall be measured from the base of the tower to the lot line of the off-site uses and/or designated areas as specified in Subsection I(2) below, except as otherwise provided.
(b)
Towers shall maintain a separation distance of 200 feet or 300% of the tower height, whichever is greater, from residential dwelling units or from lands zoned for residential use.
(2)
Separation distances between towers. Separation distances between towers shall be applicable for and measured between the proposed tower and preexisting towers or other proposed towers. The separation distances shall be measured by drawing or following a straight line between the base of the existing tower and the proposed base, pursuant to a site plan, of the proposed tower. The separation distances (listed in linear feet) shall be as shown below in the table of required separation distances between towers.
Required Separation Distances Between Wireless Communications Towers (in linear feet) |
Monopole | ||||
|---|---|---|---|---|
Tower Type | Lattice | Guyed | 75 Feet in Height or Greater | Less than 75 Feet in Height |
Lattice | 5,000 | 5,000 | 1,500 | 750 |
Guyed | 5,000 | 5,000 | 1,500 | 750 |
Monopole: 75 feet in height or greater | 1,500 | 1,500 | 1,500 | 750 |
Monopole: Less than 75 feet in height | 750 | 750 | 750 | 750 |
J.
Buildings or other 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.
(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.[2]
§ 190-207 Day-care facilities in conjunction with hospital, office and light industrial uses.
A.
Purpose. Day-care facilities for infants and children may be permitted in specified zones only upon receipt of a conditional use permit and provided that the following standards are met together with any other requirement deemed necessary by the board to ensure that the health, safety and welfare of the children are protected and maintained.
B.
Day-care facilities shall be licensed by the New Jersey Department of Human Services in accordance with N.J.S.A. 40:55D-66.4 and 40:55D-66.5.
C.
Day-care facilities shall be incorporated into a principal use structure, except that for hospital facilities requiring a certificate of need, a freestanding day-care facility may be provided as an ancillary use on the same site as the main hospital facility. In other zones where day-care facilities are allowed as a conditional use, temporary day-care facilities for periods of not more than three years may be provided where the minimum size of the building is no less than 2,500 square feet upon such conditions and with such assurances as the Planning Board may require to insure that the facility will be used only on a temporary basis. Day-care facilities shall provide adequate parking and pickup/dropoff areas.
D.
Outdoor recreation space, tot lot equipment and play areas shall be fenced and landscaped.
§ 190-208 Pool or billiard parlors.
Pool or billiard parlors may be permitted in the specified zones only upon receipt of a conditional use permit and providing that the following standards are met together with any other applicable requirements of the ordinances of the Township of Freehold:
B.
Area. The premises in which the pool or billiard parlor is to be located must have at least 397 square feet of floor area per table up to 10 tables; for each table over 10, there must be at least 390 square feet of floor area per table. Such floor area shall be exclusively devoted to the table, the free unobstructed area to be maintained around the table, aisleways and seating capacity for spectators. The foregoing area requirement is independent of areas devoted to rest rooms, supply rooms, offices or foyers and the like.
C.
Location. All premises housing a pool or billiard parlor shall be on the street floor of any building and shall be so arranged and lighted so that a full view of the interior where all the pool or billiard tables are located may be had from the public area outside the pool or billiard parlor.
D.
Number of tables. No pool or billiard parlor shall be permitted to have in excess of 20 tables.
E.
Parking requirements. Without regard to parking requirements as set forth in Article XIV, one parking space shall be provided for each 100 square feet of floor area. If the pool or billiard parlor is to be located in premises which are a part of an established commercial center, the burden will be upon the applicant to prove that there is sufficient parking on the site to satisfy the requirements of Article XIV for all other uses on the site and still have sufficient parking capacity remaining in order to provide one parking space for each 100 square feet of floor area for the premises in which the pool or billiard parlor is to be located.
F.
Compliance with licensing requirements. The applicant shall present proof that either it has received a license from the Township of Freehold in order to operate a pool or billiard parlor, pursuant to Chapter 191, Licensing, Article I, and Chapter 240, Pool and Billiard Parlors, of the Code, or will be making application for such license and agrees that in the event it is unsuccessful in obtaining a license, any conditional use permit granted hereunder shall be deemed null and void. The applicant shall also satisfy the approving agency that it is familiar with all of the regulations contained in Chapter 240, Pool and Billiard Parlors, of the Code of the Township of Freehold, and has made provision for complying with all such regulations within the premises which is the subject of the application for the conditional use permit.
G.
Conditions of conditional use permit. Any conditional use permit issued by the approving agency pursuant to this section shall be made subject to the continuing compliance of the applicant with not only the provisions of this section, but also all provisions of Chapter 240, Pool and Billiard Parlors, of the Code of the Township of Freehold.
H.
Exemptions. The provisions of this section shall not apply to any religious, charitable, benevolent or nonprofit association or corporation which operates or maintains up to three pool or billiard tables solely for the recreation and amusement of its members for no charge or fee, provided that such organization is bona fide in character and is not intended as a means or device for avoiding the terms and provisions of this section.
§ 190-209 Historic commercial projects.
In order to foster the preservation of historic resources located in Freehold Township and to encourage the development of new buildings which are complimentary to the community's history and character, certain types of commercial development may be permitted as a conditional use. All buildings and sites shall be designed and developed in a manner that will be compatible with the architectural and visual characteristics of historic buildings, sites or districts, including the scale, height, rhythm and location of buildings, as well as the specific construction materials that are used. All projects shall be reviewed by the Historic Preservation Commission in accordance with the Standards of Review contained in § 190-233 of this chapter. Where feasible, the Township of Freehold will provide assistance to the developer in obtaining grants, loans, tax credits, and other subsidies that may be available for historic preservation. The following types of commercial development may be permitted:
A.
Restaurants and retail uses may be permitted in specified districts only upon receipt of a conditional use permit and site plan approval by the Planning Board, approval by the Historic Preservation Commission, and provided that the following special design standards and conditions are met, together with any other requirements deemed necessary by the Planning Board, and any other applicable requirements of this chapter:
(1)
The site shall be an historic landmark or a key or contributing site located within an historic district. Properties which are classified as sites of historic interest shall be eligible for a conditional use permit, provided that a deed restriction is recorded in the County Clerk's office in accordance with § 190-233C(2) of this chapter.
(2)
The site shall adhere to the schedule of area, yard and building requirements for the P-1 Professional Zone District with the following exceptions:
(a)
Front setback: 35 feet; however, open porches and outdoor seating areas may project not more than 10 feet into a required front yard area.
(b)
Maximum building height: new construction shall be compatible with the height of the historic landmark but in no case shall building height exceed 35 feet and not more than 2 1/2 stories.
(c)
Minimum size of principal building: no requirement for historic landmarks: 3,000 square feet for new construction other than additions.
(d)
Maximum size of principal building: 10,000 square feet. However, in order to encourage the construction of buildings which are representative of traditional villages, buildings which exceed 5,000 square feet of gross floor area shall utilize an articulated facade to create the impression of smaller connected buildings.
(e)
Maximum impervious lot coverage: 60%; however, impervious lot coverage may be increased to not more than 65%, provided that the additional coverage is devoted to an outdoor plaza, seating area, courtyard or other public amenity space.
(3)
Retail stores.
(a)
Retail stores limited to the following uses listed in the Standard Industrial Classification Manual of 1987 prepared by the U.S. Office of Management and Budget shall be permitted:
[1]
Country general stores (Industry Group No. 539).
[2]
Meat and fish (seafood) markets (Industry Group No. 542).
[3]
Fruit and vegetable markets (Industry Group No. 543).
[4]
Candy, nut, and confectionery stores (Industry Group No. 544).
[5]
Dairy products stores (Industry Group No. 545).
[6]
Retail bakeries (Industry Group No. 546).
[7]
Miscellaneous food stores, including coffee and tea stores, health food stores (Industry Group No. 546).
[8]
Florists (Industry No. 5992).
(b)
No individual retail store shall contain less than 3,000 square feet of gross floor area and the total floor area devoted to retail use shall not exceed 5,000 square feet of gross floor area.
(5)
Architecture and site layout.
(a)
Architectural styles shall be limited to those styles representative of Freehold Township. New buildings, additions and infill construction shall be compatible with existing historic buildings in terms of height, setbacks, rooflines, scale and proportion, building materials, and the pattern of windows, door and other architectural features. Buildings shall be compatible with one another; however, architectural diversity shall be encouraged to create visual interest within the project site.
(b)
Buildings shall be oriented around an internal street, courtyard, square, plaza, or similar public amenity space.
(c)
Buildings shall be designed such that building facades are oriented toward the street and parking areas which they face as well as the internal public amenity space.
(6)
Off-street parking shall not be permitted within 35 feet of any street line. All off-street parking spaces shall be screened from view from any street by a solid row of evergreen plantings with a minimum height of 30 inches or other suitable landscaping. At least one shade tree shall be planted for every six parking spaces and at least one shade tree shall be planted for each 40 feet of frontage along a public street.
B.
Historic commercial villages may be permitted in specified districts only upon receipt of a conditional use permit and site plan approval by the Planning Board, approval by the Historic Preservation Commission, and provided that the following special design standards and conditions are met, together with any other requirements deemed necessary by the Planning Board, and any other applicable requirements of this chapter:
(1)
The site shall be an historic landmark or a key or contributing site located within an historic district. Properties which are classified as sites of historic interest shall be eligible for a conditional use permit, provided that a deed restriction is recorded in the County Clerk's office in accordance with § 190-233C(2) of this chapter.
(2)
The project shall include the relocation and renovation of not less than one historic structure which shall be integrated into the design of the site in accordance with the requirements of § 190-233G of this chapter.
(3)
An historic preservation easement shall be provided to encompass the historic buildings and structures, including additions and adjoining infill construction located within 15 feet of the historic buildings and structures located on the site. The historic preservation easement shall not be less than 10% of the gross tract area of the property. The historic preservation easement shall include provisions for the rehabilitation and maintenance of the historic buildings and structures located within the easement. The easement may be dedicated to the municipality or to a nonprofit agency. Land uses within the buildings and structures located within the historic preservation easement shall be limited to those specified in § 190-209B(4)(b) to (g) of this chapter. In addition, retail uses limited to florists, bookstores, arts and crafts shops, antique stores, bakeries, confectionery stores and similar retail establishments selling historic or traditional goods and products may be permitted within the buildings and structures located within the historic preservation easement.
(4)
The following uses may be permitted:
(a)
Retail stores, shops and personal service establishments limited to the following uses listed in the Standard Industrial Classification Manual of 1987 prepared by the U.S. Office of Management and Budget:
[1]
Department stores (Standard Industrial Classification Industry Group No. 531).
[2]
Supermarket (Industry Group No. 541).
[3]
Variety stores (Industry Group No. 533).
[4]
Miscellaneous general merchandise stores, including catalog showrooms, general merchandise stores, country general stores (Industry Group No. 539).
[5]
Meat and fish (seafood) markets (Industry Group No. 542).
[6]
Fruit and vegetable markets (Industry Group No. 543).
[7]
Candy, nut, and confectionery stores (Industry Group No. 544).
[8]
Dairy products stores (Industry Group No. 545).
[9]
Retail bakeries (Industry Group No. 546).
[10]
Miscellaneous food stores, including coffee and tea stores, health food stores (Industry Group No. 546).
[11]
Apparel and accessory stores (Major Group No. 56).
[12]
Home furniture and furnishings stores (Industry Group No. 571).
[13]
Computer and computer software stores (Industry No. 5734).
[14]
Record and prerecorded tape stores (Industry No. 5735).
[15]
Musical instrument stores (Industry No. 5736).
[16]
Miscellaneous shopping goods stores including sporting goods stores, bicycle shops, bookstores, stationery stores, jewelry stores, hobby shops, camera and photo supply stores, gift shops, luggage and leather goods stores, sewing stores and antique stores. (Industry Group No. 594).
[17]
Florists (Industry No. 5992).
[18]
Newsstands (Industry No. 5994).
[19]
Optical goods (Industry No. 5995).
[20]
Photographic studios (Industry No. 7221).
[21]
Beauty shops (Industry No. 7231).
[22]
Barbershops (Industry No. 7241).
(b)
Restaurants, provided that drive-through facilities shall not be permitted.
(c)
Colleges and other institutions of higher education.
(d)
Offices for professional, executive or administrative purposes.
(e)
Museums and art galleries.
(f)
Banks, financial institutions, insurance and real estate offices, and travel agencies.
(g)
Municipal and governmental facilities.
(5)
Development on the site shall adhere to the schedule of area, yard and building requirements for the P-1 Professional Zone District with the following exceptions:
(a)
Minimum lot size: 15 acres.
(b)
Minimum front yard setback: no requirement for existing structures or additions to existing structures, provided that no addition shall be located any closer to the front property line than the existing structure; new structures shall be set back at least 65 feet from the front property line.
(c)
Minimum rear yard setback: no requirement for existing structures or additions to existing structures, provided that no addition shall be located any closer to the rear property line than the existing structure; new structures shall be set back at least 25 feet from the rear property line.
(d)
Minimum side yard setback: no requirement for existing structures or additions to existing structures, provided that no addition shall be located any closer to the side property line than the existing structure; new structures shall be set back at least 25 feet from the side property line.
(e)
Maximum building height: Building height shall be compatible with existing structures but in no case shall building height exceed 35 feet and 2 1/2 stories. Clock towers and similar unoccupied architectural features or structures may be erected to a height not to exceed 50 feet.
(f)
Minimum width of buffer zone from residential zone districts or uses: 30 feet.
(g)
Maximum impervious lot coverage: 65%.
(h)
Minimum size of principal building: no requirement for existing and relocated historic buildings, or new structures within a historic easement area. The minimum principal building size for new structures shall be at least 2,000 square feet.
(i)
Maximum size of principal building: No building shall exceed 65,000 square feet. Building facades shall be staggered to foster the appearance of smaller, connected buildings; no single facade shall exceed 150 feet in length. Buildings may be connected by a fire-rated party or connecting wall, provided that each building has a separate and distinct facade and provided that no combination of individual buildings shall exceed 300 feet in length along a linear plane without being separated by a courtyard or other open area with a depth and width of not less than 20 feet or without a variation in building setback of not less than 20 feet.
(j)
Floor area ratio shall not exceed 0.18%.
(6)
Site layout.
(a)
The use of internal streets, courtyards, squares, plazas or similar public amenity spaces shall be encouraged.
(b)
Street furniture, including but not limited to fountains, benches, trash receptacles, lighting fixtures, and brick pavers shall be encouraged and shall utilize traditional design to promote a uniform theme throughout the project.
(7)
Architecture.
(a)
Architectural styles shall be limited to those styles representative of Freehold Township. New buildings, additions and infill construction shall be compatible with existing historic buildings in terms of height, setbacks, rooflines, scale and proportion, building materials, and the pattern of windows, doors and other architectural features. Buildings shall be compatible with one another, however, architectural diversity shall be encouraged to create visual interest within the project site.
(b)
Natural materials, including but not limited to brick, stone, wood clapboard siding, cedar shakes, and wood shingles, shall be used for all buildings. Imitation or synthetic materials may be permitted where the appearance is similar to natural materials.
(c)
Architectural features, including but not limited to windows, doors, and roofing shall be designed in a traditional manner and shall be in proportion with the buildings on the site. The use of architectural elements such as porches, balconies, balustrades, towers, decorative fences and walls, bracketed eaves, quoins, coping, corbelling, and decorative moulding are encouraged where appropriate with the design of the building.
(d)
Buildings shall be designed such that all building facades which are oriented toward public or internal streets, off-street parking areas, and public amenity spaces shall be designed as the main front facades. Multiple building entrances are encouraged to generate active pedestrian circulation throughout the project site.
(e)
Architectural plans shall be submitted showing all elevations and architectural details for each building. All exterior building materials shall be labeled on the plans and details shall be provided regarding the color, texture, and appearance of these materials.
(8)
Off-street parking.
(a)
Off-street parking shall not be permitted within 25 feet of any public street. The twenty-five-foot area between off-street parking and public streets shall be landscaped so as to enhance the appearance of the perimeter of the commercial village but not obstruct the visibility of the commercial village from the public street.
(b)
Off-street parking facilities shall be clustered throughout the site rather than located in one centralized area. Individual parking areas shall contain no more than 150 spaces and shall be separated from other parking areas by a curbed and landscaped island at least five feet in width.
(c)
At least one shade tree shall be planted for every six parking spaces appropriately disbursed throughout the site and at least one street tree shall be planted for every 40 feet of frontage along a public street.
(9)
Signage shall be in accordance with § 190-183 of this chapter.
(a)
A signage plan shall be submitted for all freestanding and facade signs.
(b)
Historical markers and bronze plaques shall be provided to identify and describe the significance of the site and the individual historic buildings and structures. The design and wording shall be subject to review and approval of the Historic Preservation Commission.
(c)
Storefront window displays consistent with the overall theme and architectural appearance of the historic commercial village shall be encouraged; however, permanent signs located on storefront windows or doorways shall not exceed 20% of the area of the window or doorway in which they are displayed and temporary signs located on storefront windows or doorways shall not exceed 40% of the area of the window or doorway in which they are displayed.
(10)
In order to guide the design and development of historic commercial villages, applicants shall submit conceptual site plans and architectural plans prior to the submission of a formal application.
§ 190-210 Electrical cogeneration facilities.
Electrical cogeneration facilities are facilities which generate electricity, steam or heat for industrial operation purposes and transmit electricity to the public utility electrical system. Electrical cogenerating facilities shall be permitted in accordance with an approved site plan and only upon receipt of a conditional use permit where the following conditions are met:
A.
A cogeneration facility shall be permitted only as an ancillary facility for purposes of generating steam, heat and/or electricity a portion of which shall be for a use or uses permitted within the M-1 and M-2 Zones.
B.
The location of the electrical generating facility is to be wholly within the M-1 and/or M-2 Industrial District with no structure to be located within 500 feet of any residential zone.
C.
The fuel for said facility is to be limited to piped natural gas as the primary fuel and Number 2 fuel oil and kerosene as backup fuels.
D.
On-site storage of fuel is to be limited to fuel oil tanks with a total capacity not exceeding 25,000 barrels and separated from public streets and adjoining properties in accordance with the criteria established pursuant to 24 CFR Part 51, Safe Separation Standards for Hazardous and Flammable Material.
E.
Refueling trucks are to be restricted to a route which does not utilize local residential streets.
F.
A water supply source capable of meeting the worst case supply/demand situation is to be secured prior to preliminary approval.
G.
Cooling towers are to be located so as to minimize icing conditions on or adjacent to public streets.
H.
Exhaust stacks shall be designed to comply with U.S. Environmental Protection Agency Good Engineering Practice (GEP) regulations to ensure that ambient air quality standards are maintained but in any event shall not exceed 2 1/2 times the maximum height of the tallest building developed as part of the cogeneration facility.
I.
Off-site electrical transmission lines situated within or adjoining public street rights-of-way are to be mounted on structures not exceeding 75 feet in height except at crossings of intersections and where required by the Board of Public Utility Commissioners or other regulatory agencies where the maximum height shall not exceed 100 feet. Alternatives are to be routed and designed to minimize any adverse impact on public safety, property value or utilization, street widenings or realignments, and aesthetic character.
J.
Building height shall not exceed 75 feet.
§ 190-211 Funeral homes.
Funeral homes shall be permitted in the Professional Office P-1 Zoning District only upon receipt of a conditional use permit and provided that the following standards are met, together with any other requirements deemed necessary by the Planning Board and any other applicable requirements of this chapter:
A.
The building and site design shall be compatible with and complement the adjoining land uses.
B.
A funeral home shall not be located within 3,500 feet of an existing or proposed residential health care facility or hospital. Measurement shall be from the proposed front door of the funeral home, along the shortest route able to be traveled along a public street or roadway and terminating at the existing or proposed front door of the residential health care facility or hospital.
C.
The structure shall be designed so that transporting of human bodies or remains into the facility shall be totally enclosed within the structure.
D.
No other principal use shall be allowed on the property that is not related to the direct operation of the funeral home business, except that of a caretaker's residence, so long as it is part of the main funeral home structure and the resident thereof is an owner or employee of the funeral home business conducted on the premises.
E.
One loading space shall be provided adjacent to the structure for receipt and delivery of supplies and materials utilized within the funeral home other than for transport of human bodies or remains.
F.
No parking shall be allowed in the front yard area of the premises.
G.
The front yard setback shall not be less than 50 feet from the public right-of-way line.
H.
The buffer to surrounding residential zones or uses shall not be less than 30 feet and shall be landscaped so that motor vehicle and pedestrian activity on the site is screened year round.
I.
The minimum parking required on site shall be computed as the greater of the following:
(1)
One parking space for each three seats in the chapel area(s); or
(2)
One parking space for each 100 square feet of gross ground floor plus one parking space for each 100 square foot devoted to chapel, waiting and seating areas located on the second floor; or
(3)
One space for each four persons legally admitted by the Fire Code for the structure; or
(4)
A minimum of 50 exterior visitor's parking spaces on site; and
J.
In addition to the parking required by Subsection I above, the following shall be required:
(1)
If a caretaker's residence is included, two additional spaces shall be provided for the caretaker's use; and
(2)
If provision is not made for garaging of the funeral home vehicles within the building or by a separate enclosed garage as an accessory building, two additional exterior parking spaces shall be provided.
K.
Site lighting shall be provided by a combination of pole mounted lights which are compatible with residential uses, not exceeding 12 feet in height from ground level. Ground-level lighting shall be provided for unlighted sidewalk and/or pedestrian areas.
(1)
The principal structure shall not exceed 2 1/2, with a maximum building height of 35 feet.
§ 190-212 Restaurants in Corporate Multiuse Development Zones CMX-10, CMX-4, CMX-3, CMX-3A and CMX-2.
[Amended 11-28-2006 by Ord. No. O-06-41; 8-28-2012 by Ord. No. O-12-18]
Restaurants shall be permitted as conditional uses within CMX Zones as freestanding facilities and as facilities within mixed-use, planned developments. Restaurants shall be designed in accordance with the architectural requirements of § 190-114 and the following:
B.
Family-style restaurants; restaurants without liquor licenses.
(1)
Minimum floor area devoted to an individual restaurant use: 2,500 square feet.
(2)
Minimum floor area for each restaurant where two or more family restaurants are located in the same building: 2,500 square feet.
(3)
Minimum number of seats is 125.
(4)
No separate take out service area is permitted.
(5)
No drive-up windows are permitted.
(6)
Video interactive devices, video games, and children entertainment uses in conformance with Chapter 75, Article II, § 75-19, provided that the area used for such uses shall not reduce the minimum required restaurant floor area and shall not exceed 25% or 1,000 square feet of the total floor area, whichever is less.
C.
In order to encourage restaurant use in conjunction with a planned development of 10 or more acres, submitted to the Board as one application, the following requirements shall apply to that application:
(1)
Minimum required parking spaces for the restaurant use shall be calculated as one for every eight customer seats and one for every four employees.
(2)
The calculation for floor area ratio and for lot coverage shall not include atriums and other hallway areas connecting the restaurant with the remainder of the planned development.
§ 190-213 (Reserved) [1]
[1]
Editor's Note: Former § 190-213, Congregate care and assisted care residential facilities, was repealed 12-8-2009 by Ord. No. O-09-32.
§ 190-214 Bulk document storage.
Bulk document storage facilities are hereby permitted within the M-1 Industrial Zone, provided that the use meets the following conditions:
A.
Minimum lot area. Minimum lot areas shall be the same as the minimum lot area within the M-1 Industrial Zone.
B.
Minimum yard requirements. Minimum yard areas shall be the same as the minimum required yard areas within the M-1 Industrial Zone.
C.
Maximum building height: 75 feet.
D.
Floor area ratio. The maximum floor area ratio shall be as follows:
(1)
Office, administrative, processing area and other nonbulk storage floor area: maximum floor area ratio (FAR) 0.10.
(2)
For bulk document storage area. Maximum FAR: 0.30; provided, however, that if the office, administrative and processing area is less than FAR 0.10, the bulk storage area FAR may be increased so that the combination of total FAR shall not exceed 0.40.
E.
Parking. Parking for employees and visitors shall be determined upon the following: 1 1/4 parking spaces per employee on the principal shift.
F.
Loading spaces. The number of loading spaces shall be the same as required in the district in which the facility is located.
G.
Maximum lot coverage for all buildings: 40%.
§ 190-215 Self-storage warehousing.
Self-storage or mini-warehousing as defined by the North American Industrial Classification System and classified as NAICS 531130 may be permitted in the CMX-3 Zone District only upon receipt of a conditional use permit, provided that the following conditions are met together with any other applicable requirements of this chapter and other chapters of the Code of Freehold Township.
A.
Planned self-storage warehousing facility complex. A self-storage and/or mini-warehouse facility that is designed exclusively for such use.
(1)
Minimum lot area shall be 15 acres.
(2)
The rental storage area shall be a minimum of 80,000 square feet.
(3)
No storage shall be permitted out of doors except for a designated storage area for boats on trailers and recreational vehicles which area shall not exceed 10% of the developable area of the site (area not including steep slopes, freshwater wetlands, floodplains and areas containing heritage trees).
(4)
Mini-warehouses and self-storage facilities shall provide for the dead storage of customer's goods and materials only. No business activity other than the rental of storage space and the sale of packing materials associated with moving and/or storage of goods and materials shall be permitted.
(5)
One operational manager's office and one resident manager's dwelling shall be permitted as an accessory use to the principal use of the mini-storage or self-storage warehousing use.
(6)
The lot shall be located on and accessed from a street other than a collector or arterial roadway.
(7)
The minimum front yard shall be 100 feet. The minimum rear and side yards shall be 75 feet; provided, however, that the minimum rear and side yards may be 50 feet when the facility is located adjacent to a nonresidential building in a nonresidential zone. All other requirements for the CMX-3 Zone including floor area ratio, maximum impervious surface, and minimum buffer requirements shall apply.
(8)
All yards shall be landscaped to provide appropriate visual screening and/or buffering from residential developments within 500 feet of the facility. The visual screening may include masonry walls, decorative fencing and/or planted screening. Planted screening shall consist of a twenty-foot wide staggered row of evergreen trees 10 feet on center and other plant materials to provide a visual screen. Where existing heritage trees or other mature vegetation serves as a planted screen, supplemental plant materials can be provided as needed to effect a visual screen in lieu of the twenty-foot wide evergreen screen.
(9)
Facades of all structures facing public streets or visible from public streets and residential uses, within 500 feet, shall be constructed of materials which are of brick, decorative masonry, finished wood of a combination of materials which will be compatible with the uses in the area and shall be designed with a Colonial motif where visible from a public street including any controlled access arterial highway.
(10)
No structures shall exceed 2 1/2 or 35 feet. All storage buildings of more than one story shall provide elevators for goods and materials to be stored. Buildings greater than one story shall provide one loading space for every 20,000 square feet of gross floor area of such building.
(11)
Internal driveway aisles shall be a minimum of 24 feet with parking permitted on both sides of the driveway. A driveway aisle where access is only on one side may be a minimum of 20 feet in width.
(12)
All outdoor lighting shall be shielded to direct light and glare only onto the premises and shall be only of sufficient intensity to discourage vandalism and theft.
(13)
No mini-warehouse or self-storage unit doors shall be constructed to open to a public street or to a residential zone district.
(14)
No outdoor storage of goods or materials shall be permitted except for a designated storage area for boats, recreational vehicles and other motorized vehicles, provided that such storage area does not exceed 10% of the developed self-storage area, is fenced and is screened from public roadways and residential uses within 500 feet of the boat, recreational and other motorized vehicle storage area. No repair or servicing of motorized vehicles shall be permitted except for minor repairs in order to make a stored vehicle mobile such as repair of flat tires, changing of batteries or repair of required safety devices such as taillights, headlights and turning signals. The use of boats, recreational vehicles, or other vehicles as a residence or for any habitation purposes shall be prohibited while the boat or vehicle is stored at the storage facility premises.
(15)
Off-street parking shall include a minimum of two spaces for the resident manager, one space for the operational manager's office, four visitor parking spaces at the operational manager's office, one parking space for each employee other than the operational manager during peak periods plus one parking space per 2,000 square feet gross self-storage or mini-warehousing facility floor area. One loading space shall be provided for every 20,000 square feet of gross floor area of the storage facility.
(16)
Trash receptacles and dumpsters shall be screened from public streets and adjacent residential uses utilizing masonry material similar to the facade of the building. Screening walls shall be of a masonry material that is compatible in character with the building material facade.
B.
Mixed office and self-storage planned development. A mixed office and self-storage planned development consisting of uses permitted in the CMX-3 zoning district and self-storage, mini-warehousing and document storage facilities constructed as masonry building(s) that are designed of the same or similar facade material as other buildings within the planned development and with internal access only of individual self-storage/mini-warehouse rental units.
(1)
Minimum lot area for the planned development shall be seven acres. The minimum lot area for subdivided parcels within the planned development shall be three acres.
(2)
The self-storage/mini-warehousing area shall not exceed 75% of the total planned development tract area and shall not exceed a maximum of 100,000 square feet of gross rental floor area.
(3)
No outdoor storage of goods or materials shall be permitted except for a designated storage area for boats, recreational vehicles and other motorized vehicles provided that such storage area does not exceed 10% of the developed self-storage area, is fenced and is screened from public roadways and residential uses within 500 feet of the boat, recreational and other motorized vehicle storage area. No repair or servicing of motorized vehicles shall be permitted except for minor repairs in order to make a stored vehicle mobile such as repair of flat tires, changing of batteries or repair of required safety devices such as taillights, headlights and turning signals. The use of boats, recreational vehicles, or other vehicles as a residence or for any habitation purposes shall be prohibited while the boat or vehicle is stored at the storage facility premises.
(4)
Mini-warehouses and self-storage facilities shall provide for the dead storage of customer's goods, documents and materials only. No business activity other than the rental of storage space and the sale of packing materials associated with moving and/or storage of goods and materials shall be permitted.
(5)
One operational manager's office and one resident manager's dwelling shall be permitted as an accessory use to the principal use of the mini-storage or self-storage warehousing use.
(6)
The self-storage facility structures shall not be located within 200 feet of a public street or road and the minimum rear and side yards shall be the same as the CMX-3 Zone.
(7)
All yards shall be landscaped to provide appropriate visual screening and/or buffering from residential developments within 500 feet of the facility. The visual screening may include masonry walls, decorative fencing and/or planted screening. A planted buffer of 25 feet shall be provided. The planted buffer for the self-storage/mini-warehousing facilities shall include a twenty-foot wide staggered row of evergreen trees 10 feet on center and other plant materials and decorative fencing to provide a visual screen from residential properties and public streets and roads. Where existing heritage trees or other mature vegetation occurs, such existing plants shall be retained within the required buffer area and supplemented with suitable plant materials as needed to effect a visual screen in lieu of the required twenty-foot wide evergreen screen.
(8)
Facades of all structures facing public streets or visible from public streets and residential uses, within 500 feet, shall be constructed of materials which are of brick, decorative masonry, finished wood or a combination of materials which will be compatible with the uses in the area and shall be designed with a Colonial motif where visible from a public street including any controlled access arterial highway.
(9)
No structures shall exceed three stories or 35 feet in height. All structures of more than one story shall provide elevators for patrons and goods and materials to be stored.
(10)
All outdoor lighting shall be shielded to direct light and glare only onto the premises and shall be only of sufficient intensity to discourage vandalism and theft.
(11)
No mini-warehouse or self-storage unit doors shall be constructed to open to a public street or to a residential zone district.
(12)
A storage area for boats may be permitted on the site provided that the boat storage area does not exceed 10% of the developed storage area, is fenced and is screened from public roadways and residential uses within 500 feet of the boat storage area.
(13)
Off-street parking shall include a minimum of two spaces for the resident manager, one space for the operational manager's office, four visitor parking spaces at the operational manager's office, one parking space for each employee other than the operational manager during peak periods plus one parking space per 2,000 square feet gross self-storage or mini-warehousing facility floor area.
(14)
Trash receptacles and dumpsters shall be screened from public streets and adjacent residential uses utilizing masonry material similar to the facade of the building. Screening walls shall be a masonry material that is compatible in character with the building material facade.
(16)
The maximum floor area ratio (FAR) for the planned development shall be 0.15 for all uses permitted in the CMX-3 Zone. The maximum floor area ratio for self-storage/mini-warehousing facilities shall be 0.20 for one-story structures and 0.40 for two-story or three-story structures.
§ 190-216 Automobile dealership repair and maintenance facilities.
Automobile dealership repair and maintenance facilities provided the following conditions and standards are met, together with any other requirements deemed necessary by the Planning Board and any other requirements of this chapter.
A.
The purpose of this use is to allow automobile dealerships located in Freehold Township to store and provide sales preparation (cleaning, washing, repairs, tune-up, etc.) of automotive vehicles on-site but offered for sale and/or sold off-site.
B.
All requirements of Schedule C, Schedule of Area, Yard and Building Requirements, at the end of this chapter for the M-1 Zone shall be deemed to be conditions applicable for this use.
C.
Automobile dealership repair and maintenance facilities shall be located entirely within the M-1 Zone and shall be located on and only have access on Township roadways. No automotive repair and maintenance facilities for automobile dealerships shall be located on or have frontage on arterials or collectors roadways [including N.J. Route 33 and N.J. Route 33 Bypass, C.R. 55 (Kozlowski Road) and Halls Mill Road].
§ 190-216.1 Alternative motor vehicle fueling stations.
[Added 5-28-2013 by Ord. No. O-13-16]
Alternative motor vehicle fueling stations provided that the following standards and any other applicable requirements of this chapter are met:
A.
The minimum site area shall be 80,000 square feet.
B.
The minimum street frontage shall be 150 feet.
C.
No pits, racks, or lifts shall be permitted out of doors, nor shall any repair work be performed out of doors.
D.
Alternative motor vehicle fueling pumps shall be located at least 30 feet from any property line.
E.
All alternative fuels or similar volatile substances shall be stored as per National Fire Prevention Association standards.
F.
No ingress or egress drives shall be located closer than 50 feet to any street intersection nor closer than 30 feet to any other drive on the same site or any other property. Such ingress and egress drives shall have a width of a minimum of 30 feet.
G.
No paved area other than an ingress or egress drive may be located within 10 feet of any property line.
H.
All unpaved areas of the site shall be graded and planted with grass, shrubs, trees or other suitable landscaping material.
I.
No building shall be erected nearer than 50 feet to any street line nor nearer than 20 feet to any side or rear property line.
J.
Only those items necessary and related to the operation of a motor vehicle or dispensed from vending machines shall be sold from alternative motor vehicle fueling stations.
K.
Alternative fuel tanks stored above ground shall not exceed 20 feet in height.
L.
No person, firm or corporation, other than the owner and those authorized by the owner so to do, shall sell, fill, refill, deliver or permit to be delivered, or use in any manner, any alternative fuel container or receptacle for any gas, compound, or for any other purpose whatsoever.
M.
No signage is permitted on alternative fuel storage tanks except for required safety signage.
N.
Alternative motor vehicle fueling stations shall have an appropriately sized emergency stand-by generator system as defined in § 190-3, capable of operating fuel pumps, cash registers and lighted signage in the event of a power outage for at least 18 hours.
O.
Compressed cylinder tanks used in connection with alternative fueling facilities may be stored above ground.
P.
Compression cylinder tanks used in connection with alternative fueling facilities must be screened from adjacent streets, alleys, and residential uses.
Q.
No container shall exceed a size of 300 gallons' water capacity; no more than six containers shall be included at an alternative fueling facility. The containers shall be mounted horizontally.
R.
Alternative motor vehicle fueling stations shall be limited to unattended, self-serve facilities.
§ 190-216.2 Aboveground storage tanks for fueling associated with motor vehicle showrooms, offices and mechanical repair and maintenance service facilities within CMX-3/A Zone.
[Added 8-9-2016 by Ord. No. O-16-11]
Aboveground storage tanks for fueling associated with motor vehicle showrooms and related facilities within the CMX-3/A Zone shall be permitted provided the following standards are met, together with any other requirements of this chapter:
A.
The minimum lot area shall be 10 acres.
B.
The minimum size of the principal building shall be 50,000 square feet.
C.
There shall be no more than one aboveground storage tank permitted on the lot.
D.
The minimum required setback for an above ground storage tank shall be in accordance with the minimum accessory building setback in the CMX-3/A Zone.
E.
The aboveground storage tank shall be surrounded on three sides by a masonry wall six feet in height comprised of the same or compatible material with the exterior design of the building façade.
F.
The aboveground storage tank shall comply with all applicable NJDEP and USEPA rules and regulations.
§ 190-216.3 Cooperative Sober Living Residence (CSLR)
[Added 4-25-2023 by Ord. No. O-23-4]
A cooperative sober living residence (CSLR) operating as a non-Oxford House model recovery home as defined in § 190-3 is a conditional use permitted in all residential zones as a reasonable accommodation for persons with disabilities, provided that the following conditions are met, together with any other applicable requirements of this chapter and other chapters of the Code of Freehold Township:
A.
The owner obtains a Class F license to operate a cooperative living residence from the New Jersey Department of Community Affairs pursuant to N.J.A.C. 5:27-1.1 et seq.
B.
Requires minimum separation distance of 500 feet as measured from the property line from any other existing or proposed CSLR facilities or other group homes.
C.
Requires a minimum separation of 1,000 feet from any school, in accordance with the most recent Drug Free School Zone Map.
E.
Requires a minimum lot size of one acre.