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Millstone City Zoning Code

§ 30-115.2

CONDITIONAL USES.

A. 
Application for conditional use. Before a building permit or certificate of occupancy shall be issued for any conditional use as permitted by this Ordinance, application shall be made to the Planning Board. The Planning Board may approve a conditional use only if all requirements hereinafter set forth have been met and that all other terms and conditions of this Ordinance and all applicable Borough Ordinances have been satisfied.
In all requests for approval of conditional uses, the burden of proof shall be on the applicant. The Planning Board shall give due consideration to all reasonable elements which could affect the public health, safety and welfare including, but not limited to, the nature of the proposed use, the character of the area, traffic, access, noise, odors, lighting, signage, landscaping, drainage, sewage treatment and potable water supply.
Accordingly, the following conditional uses are allowed in the zones designated pursuant to N.J.S.A. 40:55D-67. The Planning Board shall grant or deny an application for a conditional use within 95 days of submission of a complete application by developer to the Planning Board or, within such further time as may be consented to by the applicant.
The review by the Planning Board of a conditional use shall include the required site plan or subdivision review pursuant to this Ordinance. The time period for action by the Planning Board on conditional uses pursuant to this section 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 Planning Board Secretary 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 written endorsement or other evidence of approval, herein required, and shall be so accepted by the Construction Official for the purposes of issuing a building permit.
Whenever review or approval of the application by the Somerset County Planning Board is required by N.J.S.A. 40:27-6.3 in the case of a subdivision or N.J.S.A. 40:27-6.6 in the case of a site plan, the Planning Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the Somerset County Planning Board or approval by the Somerset County Planning Board by its failure to report thereon within the required time period.
(1) 
Institutional Uses.
(a) 
An institutional use as defined in Section 30-103 is permitted as a conditional use in specified zone districts provided that the following requirements are met:
[1] 
Before any development approvals, construction permits, or certificates of occupancy, a site plan shall be submitted to and approved by the Planning Board.
[2] 
The minimum lot area shall be two acres or the minimum lot size for the zone, whichever is larger.
[3] 
The minimum frontage shall be 200 feet.
[4] 
The maximum impervious surface coverage including buildings and parking lots shall be 50%.
[5] 
No building shall exceed the height limitations of the zone district in which it is located except as otherwise permitted in this Ordinance.
[6] 
One sign not to exceed 24 square feet in area shall be permitted. No sign shall be closer than 30 feet to a property line and 10 feet to a road right-of-way.
[7] 
Parking, landscaping, lighting and other applicable design standards shall be provided in accordance with the provisions of this Ordinance.
[8] 
Such off-street parking shall be developed to the rear and/or side yard of the property with not more than 25% in any required front yard, and shall be set back at least 25 feet from all property lines and shall be suitably screened from all adjoining residences by a planted buffer area of not less than 25 feet which may contain a fence or evergreen planting as needed to provide a suitable year round buffer screening as approved by the Planning Board. Documentation of the anticipated parking demand shall be provided. Upon review, the Board may either allow a reduction in parking or require additional parking spaces.
(2) 
Home Occupations/Offices.
(a) 
The provisions of this section are intended to apply to any occupation office use conducted in a dwelling unit by the principal resident. The home occupation/office shall be subordinate to and conducted as an accessory use to the residential use.
[1] 
The conduct and operation of the home office shall not adversely affect the safe, comfortable enjoyment of property rights by adjoining landowners.
[2] 
Such occupation office shall be contained entirely within the residential structure on the premises and shall not exceed 25% of the total floor area of the structure or 500 square feet, whichever is less.
[3] 
There shall be no display of goods offered for sale in connection with such occupation which is visible from any street or adjoining lot.
[4] 
Retail sales, manufacturing, processing and fabrication are prohibited. No equipment or process shall be used in such employment or occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lot; and in the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receiver off the lot or causes fluctuations in line voltage off the lot.
[5] 
No nonresident employees, customers, or business invitees or guests shall visit the dwelling unit for business purposes.
[6] 
All vehicular traffic to and from the home office use shall be limited in volume, type and frequency to what is normally associated with other residential uses in the zone district. Parking shall also be limited to what is normally associated with other residential uses in the zone district. Formal parking lots are prohibited.
[7] 
There shall be no change to the exterior of buildings or structures because of the use, and no outside appearance of a business use, including, but not limited to, parking, storage, lights or signs.
[8] 
Delivery and pickup trucks shall be limited to U.S. Postal Service and commercial carriers or delivery services providing regular service to residential uses in the zone district. Tractor trailer deliveries are prohibited.
[9] 
The conditional use approval shall terminate with any change in ownership of the property.
(3) 
Wireless Communication Facilities.
[Added 7-3-2002 by Ord. No. 2002-183]
Wireless communication facilities as defined in Section 30-103 are permitted as conditional uses in specified zone districts provided that the following requirements are met:
(a) 
Location, Visibility, and Height of Antennae. The antennae and support structure may be located only:
[1] 
Within the steeple of the church situated on Block 8, Lot 4 in the R-2 Zone District and shall not be externally visible; or
[2] 
On an existing electrical transmission tower located within the Public Service Electric and Gas easement located in the R-A Zone District or on a monopole within such transmission towers, provided that neither the antennae nor the monopole may be more than 10 feet higher than the top of the transmission tower.
(b) 
Location and Design of Equipment Compound Servicing Antennae Within Church Steeple. Equipment servicing antennae within a church steeple shall either be located within the basement of the existing church; in an addition to the church, the addition being of the same style, material, and colors of and architecturally compatible with the church; or in a separate equipment compound on the same lot. In the case of a compound:
[1] 
The architectural design of the supporting equipment building shall reflect the style of and be architecturally compatible with the church and shall use the same materials and colors. The building shall not exceed one story and 12 feet in height and 200 square feet.
[2] 
The compound shall be no greater in size than the minimum necessary to support the equipment building, but in no event greater than 1,000 square feet.
[3] 
All utilities servicing the equipment building and connecting the equipment building and antennae shall be underground.
[4] 
The equipment compound fencing shall be as unobtrusive as possible.
[5] 
Landscaping shall be provided, on the outside of any compound fence, so that, by use of berming and shrubs, trees, and other landscaping, the compound is fully screened from all adjoining properties and public rights-of-way. Existing vegetation shall be preserved to the maximum extent practicable.
(c) 
Location and Design of Equipment Compound Servicing Antennae on Electrical Transmission Tower or on Monopole Within an Electrical Transmission Tower. A compound housing equipment servicing wireless communication antennae on electrical transmission towers or on monopoles within electrical transmission towers shall comply with the following:
[1] 
The compound shall be as close to the base of the tower as possible, and its area shall not exceed 1,000 square feet.
[2] 
The supporting equipment building shall incorporate a peaked roof and high quality building material; shall have a residential or barn-like character; shall not exceed one story and 12 feet in height; and shall not exceed 200 square feet in gross floor area.
[3] 
The visual impact of the equipment compound shall be mitigated for nearby viewers through landscaping or other screening materials. Landscaping shall be installed, on the outside of any compound fence, so that, by use of berming and shrubs, trees, and other landscaping, the compound is fully screened from all adjoining properties and public rights-of-way. Existing vegetation shall be preserved to the maximum extent practicable.
(d) 
Standards Applicable to Equipment Compounds Servicing Both Antennae in Church Steeple and on Electrical Transmission Towers or on Monopoles Within Them.
[1] 
All equipment compounds and buildings shall be subject to the minimum setback requirements in the zone district.
[2] 
Access shall be from established site access points if possible.
[3] 
No lighting shall be provided for equipment compounds or buildings except for security lighting at the entrance. In such case, the fixtures shall be attached to the facility, shall be focused downward, and shall be on a motion sensor so that the light is turned off when not needed for security purposes.
[4] 
No more off-street parking may be provided than is absolutely necessary to service the facility.
(e) 
Standards Applicable to Monopoles Within Electrical Transmission Towers and Antennae on Such Towers or on Monopoles Within Them.
[1] 
The antennae shall not be lighted except as required by the Federal Aviation Administration, and in such case the least intrusive means of lighting shall be used.
[2] 
A monopole installed within an electrical transmission tower shall have the same finish as the electrical transmission tower.
[3] 
The Borough Council may require periodic inspections of monopoles installed within electrical transmission towers or antennae on electrical transmission towers at least once every ten years. They shall be conducted at the applicant's expense by an engineer licensed to practice in the State of New Jersey. The results of such inspection shall be provided to the Borough Engineer. Based upon the results of an inspection, the Council may require repair or removal of a communication tower.
[4] 
Monopoles within electrical transmission towers and antennae and support structures therefor shall comply with Electronic Industries Association/Telecommunications Industries Association 22 Revision F Standard ("Structural Standards for Steel Antenna Towers and Antenna Supporting Structures") as it may be updated or amended.
[5] 
Documentation shall be provided by a qualified expert that any proposed monopole or existing electrical transmission tower will have sufficient structural integrity to support the proposed antennae and any anticipated future collocated antennae and that the structural standards developed for antennae by the Electronic Industries Association and the Telecommunication Industry Association have been met.
(f) 
Other Standards Applicable to Antennae in a Church Steeple or on Electrical Transmission Towers or Monopoles Installed within Them.
[1] 
Each applicant shall include either a preliminary or a certified statement that the wireless communication facilities, including reception and transmission functions, will not interfere with the usual and customary transmission or reception of radio, television, and other radio frequency transmissions and service enjoyed by emergency services of and residential and nonresidential properties within the Borough. In the event that only a preliminary statement is submitted with the application, a final, certified statement of noninterference shall be provided prior to the issuance of a building permit. The statement shall be prepared by an engineer licensed to practice in the State of New Jersey or other professional acceptable to the Borough and shall be subject to the review and approval of the Borough Engineer.
[2] 
Each application for the installation of wireless communication facilities shall include written approval or a statement of no objection from Federal, State, or County Agencies having jurisdiction over same.
[3] 
Any wireless communication facility that is not operated for a continuous period of 12 months shall be considered abandoned. The applicant or its successor or owner of the property shall remove same within 90 days of notice from the Zoning Officer that the facility is abandoned. If such facility is not removed within said 90 days, the municipality may remove such facility at the expense of the applicant or its successor and owner of the property. If the facility is to be retained, the applicant or its successor or owner of the property shall establish that it will be reused within one year of such discontinuance. If the applicant or its successor or owner of the property makes such demonstration, the facility may be retained. If it is not used within one year, however, a demolition permit shall be obtained by the applicant or its successor or owner of the property and the facility shall be removed. At the discretion of the Zoning Officer, upon good cause shown, the one year reuse period may be extended for a period not to exceed one additional year.
[4] 
The applicant, or applicant's successor, and the owner of the property shall provide a performance bond or other assurances satisfactory to the Planning Board, in a form approved by the Board Attorney, that will assure that the wireless communication facilities, including the antennae and their support structure, the equipment compound, any monopole, and all other related improvements to the land, will be removed, at no cost to the Borough, when the antennae are no longer operative. The surety shall specifically provide that the Borough may call or use the surety without notice to the applicant and its successors or to the owner upon their failure to remove the wireless communication facilities in a timely manner.