Mountain Lakes City Zoning Code
ARTICLE XIII
Conditional Use Requirements
§ 245-99 General provisions.
A.
A conditional use in a particular zone may be permitted by the Planning Board only after it has determined that the development proposal complies with the conditions and standards set forth in this chapter for the location and operation of such use and is found to be in harmony with the general purposes and intents of this chapter.
B.
A permit for a conditional use may be granted subject to such additional conditions and safeguards as may be deemed to be advisable and appropriate by the Planning Board.
§ 245-100 Home occupations.
A.
The provisions of this section apply to a home occupation as a conditional use, as defined in § 245-73C.
B.
A sketch plan shall be submitted for Planning Board review. It shall be done to scale, with sufficient accuracy to permit discussion, and shall include lot frontage and depth, the location of all buildings, delineation of parking spaces, and name and location of all contiguous property owners. A general outline of the location of the work area shall be indicated either on the plan or in writing. In the event of any proposed alteration to any structure upon the premises which would change its residential character, or any proposed violation of any requirement of this section or of the off-street parking requirements at § 245-95, a site plan shall be required.
C.
Conditional home occupations shall be subject to the following regulations:
(1)
The principal use of the property must be as a residence, with the amount of the property used for the home occupation limited to a maximum of 500 square feet or 1/3 of the square footage of all buildings on the property, whichever is smaller.
(2)
The principal professional of any accessory home occupation shall reside on the premises.
(3)
No home occupation shall employ more than two nonresident individuals.
(4)
No home occupation shall use the premises as a place of business if its operation will require parking for more than three cars. See also § 245-95 for parking provisions for home occupations.
(5)
No sign or other external evidence of the home occupation shall be permitted, except for an identification sign in accordance with § 245-114.
(6)
It is the intent of this section that the residential character of buildings in residential zones be retained. No use or external modification to buildings and/or grounds that would violate this intent shall be permitted.
§ 245-101 Clubs.
A.
Clubs permitted under this section shall exclude those where the chief activity is a service carried on as a business.
B.
Any club house or open terrace adjacent thereto, swimming area, handball, tennis and similar game areas, and any parking lot shall be located at least 50 feet from any residential lot.
C.
Use of the club and its facilities shall be such as not to create undue noise beyond the lot line.
§ 245-102 Public and private schools; places of worship; places of assembly; noncommercial recreation centers such as YMCAs; and philanthropic institutions.
A.
Minimum lot size: two acres.
B.
Minimum lot width: 200 feet.
C.
Minimum side yard setback: 50 feet.
D.
Minimum front yard setback: 75 feet.
E.
Minimum rear yard setback: 50 feet.
F.
Maximum floor area ratio: 0.20.
G.
Maximum improved coverage: 40%.
H.
Maximum principal building height: 2.5 stories/35 feet. Building height shall be measured as the vertical distance from the average elevation of either the existing (original) or finished grade, whichever is lower, along all sides of the building to the highest point of the roof. The average elevation shall be determined by taking measurements at approximately ten-foot intervals, six feet from the building wall, and averaging them. Steeples, bell towers, chimneys and similar decorative vertical projections shall be permitted to exceed the maximum permitted building height limitation by up to 10 feet, so long as the base area or perimeter of the vertical projection does not exceed 5% of the roof surface of the principal building.
I.
Required planted landscaped buffer: 25 feet from all side and rear yard property lines. The planted buffer shall consist of either existing vegetation, new plantings, or a combination of existing vegetation supplemented with new plantings, in order to provide sufficient year-round screening.
J.
The subject lot shall have frontage on a state highway, county road, or a major street as identified in the Circulation Element of the Master Plan. All access (ingress and egress) shall be from one of the above-referenced road types.
K.
All required off-street parking spaces shall be provided on the same lot as the building to which they are accessory. No off-street parking shall be located within 25 feet of any lot line. All off-street parking areas shall be screened with a planted buffer in accordance with § 245-102D(9), including in front yard areas, except where access driveways or pedestrian walkways are proposed to be located.
§ 245-103 Child care centers in residential zones.
A.
Child care centers shall be licensed under the New Jersey Child Care Center Licensing Law, N.J.S.A. 30:5B-1 et seq., and/or any other statutes and regulations as may from time to time apply.
B.
A center shall be located on a lot of not less than 15,000 square feet.
C.
Any outdoor play area shall meet the side and rear setback requirements of the zone, and shall be behind the front setback of the house or facility.
D.
In the event that the child care center is the home occupation of the owner of the property, the regulations for home occupation contained in § 245-100C(1), (3) and (4) shall not apply.
§ 245-104 Cluster development.
A.
Cluster development shall be permitted as a conditional use in the Residential Zones RC-2 and RC-3 only, subject to the following criteria.
(1)
The minimum tract size shall be eight acres.
(2)
The housing type shall be the same as permitted in the zone.
(3)
The maximum number of lots to be permitted shall be arrived at by the applicant's submitting a sketch plat showing a conventional subdivision with the minimum lot sizes as indicated for each zone in Schedule I and with proper consideration given to the requirements in Chapters 102 and 202 as well as the steep slope requirements and other applicable requirements in this chapter.
(4)
The minimum lot sizes in a cluster development shall be 10,000 square feet for the RC-2 Zone and a size that meets the requirement of a maximum of four dwelling units per acre in the areas to be developed in the RC-3 Zone.
(5)
The minimum setbacks shall be as shown in Schedule I for the respective zones, except as permitted under the zero lot line option.
(6)
The amount of open space shall be at least 20% of the total tract size but no less than two acres.
B.
Procedures for cluster development.
(1)
An application for a cluster development shall be accompanied by sketch plats showing a conventional subdivision and the proposed cluster development option indicating in general the plan and the area to be retained in open space or used for other common or municipal purposes.
(2)
If, in the opinion of the Planning Board, the clustering option will assist in the achieving of the objectives in the Master Plan and the land use chapters, then the Planning Board shall request a tentative approval from the Borough Council that the open space resulting from the cluster development be accepted by the Borough. If, however, the Borough Council finds that it would not be in the best interest of the Borough to accept the open space as public open space, then the Planning Board may permit the applicant to submit a clustering plan with common open space in accordance with Subsection D(2) below.
(3)
The procedures for preliminary and final plats for clustering developments shall be the same as required for major subdivisions in this chapter.
C.
Location and use of open space. The Planning Board shall have full authority to approve or disapprove the locations and proposed uses of open space. Lands required to be dedicated shall be so located as to meet the needs of open spaces, parks, playgrounds, rights-of-way and preservation areas protecting major streams and open drainageways, buffer areas and other environmental features, or to provide additional neighborhood area for recreational or school purposes.
D.
Disposition of open space.
(1)
Dedicated open space shall be deeded free and clear of all mortgages and encumbrances to the Borough, if the Borough Council accepts the land as public open space.
(2)
Open space areas may, if the Planning Board and the Borough Council agree, be deeded free and clear of any encumbrances to a permanent property owner's association or cooperative for its use, control and management for common open space or common recreational use and providing appropriate restrictions to assure the effectuation of the purpose of this section. Such organization shall meet the following standards, to be written into the articles of incorporation or bylaws:
(a)
It shall not be dissolved and shall not dispose of any open space, by sale or otherwise, without first offering to dedicate the same to the Borough. If the Borough refuses the offer, the open space may then be disposed of only to another organization conceived and established to own and maintain the open space for the benefit of such development.
(b)
Failure to maintain.
[1]
In the event that such organization fails to maintain the open space in reasonable order and condition, the Borough may serve written notice upon such organization or upon the owners of the development, setting forth the manner in which the organization has failed to maintain the open space in reasonable condition. Such notice shall include a demand that such deficiencies of maintenance be cured within 35 days thereof and shall state the date and place of a hearing thereon, which shall be held within 15 days of the notice. At such hearing the Borough may modify the terms of the original notice as to deficiencies and may give a reasonable extension of time, not to exceed 65 days, within which they shall be cured. If the deficiencies set forth in the original notice or in the modification thereof are not cured within the specified 35 days, or any permitted extension thereof, the Borough, in order to preserve the open space and maintain the same for a period of one year, may enter upon and maintain such land.
[2]
Before the expiration of the year, the Planning Board shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the open space, call a public hearing upon 15 days' written notice to such organization and to the owners of the development, to be held by the Planning Board, at which hearing such organization and the owners of the development shall show cause why such maintenance by the Borough shall not, at the election of the Borough, continue for a succeeding year. If the Borough determines that such organization is ready and able to maintain such open space in reasonable condition, the Borough shall cease to maintain the open space at the end of the year.
[3]
If the Borough determines such organization is not ready and able to maintain such open space in a reasonable condition, the Borough may, in its discretion, continue to maintain such open space during the next succeeding year, subject to a similar hearing and determination in each year thereafter. The decision of the Borough shall constitute a final administrative decision, subject to judicial review.
(c)
The cost of such maintenance by the Borough shall be assessed pro rata against the properties within the development that have a right of enjoyment of the open space, in accordance with assessed value at the time of imposition of the lien, and shall become a lien and tax on the properties and be added to and be a part of the taxes to be levied and assessed thereon and shall be enforced and collected with interest by the same officer and in the same manner as other taxes.
§ 245-105 Zero lot lines options.
Zero lot line (ZLL) design is a permitted conditional use as a design option in the RC-2 and RC-3 Zones subject to the conditions below:
A.
A zero lot line development is here defined as a subdivision where the principal buildings are placed at a setback distance of one inch from parallel side lot lines.
B.
A zero lot line development shall meet the following conditions:
(1)
The lot adjacent to the zero setback side yard shall be under the same ownership as the ZLL lot at the time of initial construction and shall have the same size side yard toward the ZLL lot as the larger side yard in the ZLL lot.
(2)
The side yard setback shall be either one inch or 20 feet in a clustered RC-2 or RC-3 Zone and 40 feet in a conventional RC-2 or RC-3 Zone.
(3)
The wall on the zero setback side shall be without windows or other openings and shall be constructed of maintenance-free masonry without projections over the property line.
(4)
The opposite side yard setback of not less than 10 feet shall be kept perpetually free of permanent obstructions.
(5)
A four-foot maintenance easement shall be created along the zero setback wall.
C.
The minimum lot width in a zero lot line development may be reduced to 80 feet in an RC-3 Zone.
§ 245-106 Townhouse option in the RC-3 Zone.
Townhouses in a cluster development design shall be permitted as a conditional use in the RC-3 Zone, subject to all applicable regulations in this chapter, a review by the Planning Board and the following conditions:
A.
The minimum tract size shall be 10 acres.
B.
The maximum number of dwelling units shall be determined by the Planning Board, based on applicable criteria in this chapter, the site characteristics, environmental features and the objective that the number of people and the traffic volumes as estimated shall not exceed the corresponding numbers for a conventional development as permitted on the same tract. The maximum number of dwelling units shall not exceed 1.75 times the number of units allowed in a conventional development.
C.
The minimum amount of open space, as defined, excluding dry surface water detention facilities, shall be at least 30% of the total tract size, but no less than three acres.
D.
The bulk requirements shall be determined by the Planning Board, with consideration given to the environmental character of the site and the neighborhood, the type of proposed housing, the overall design of the development, the general health, safety and welfare of the residents and the following guiding requirements:
(1)
The minimum lot size for any townhouse unit shall be 2,250 square feet and the minimum average lot size shall be 3,125 square feet.
(2)
The minimum width for any townhouse unit shall be 18 feet and the minimum average unit width shall be 23 feet.
(3)
The minimum lot depth for any townhouse unit shall be 125 feet.
(4)
The minimum front setback shall be 30 feet.
(5)
The minimum rear setback shall be 30 feet.
(6)
The minimum side setback of an end unit shall be 20 feet, except that where an end unit abuts a street, the side setback shall be 30 feet.
(7)
The maximum height shall be 2 1/2 stories, but no greater than 35 feet.
(8)
The maximum number of dwelling units in any building shall be six, except that not more than two buildings may be permitted to contain eight dwelling units, provided that the total number of dwelling units does not exceed the maximum allowed in Subsection B.
(9)
Each pair of townhouse units shall be offset from the adjacent pairs by at least five feet. Variation shall be used in building plans for and in the construction of contiguous townhouse dwelling units in terms of design so as to present reasonable and aesthetically desirable variations in the elevation, location, design and appearance of the units.
(11)
There shall be a forty-five-foot buffer along the boundaries of the tract to shield activities from the neighboring properties. This buffer shall include natural vegetation and landscaping, including evergreens, as determined by the Planning Board, and shall be designated open space.
(12)
Parking shall be provided with at least 2.4 parking spaces per townhouse unit. Two parking spaces shall be provided on each townhouse lot, one of which shall be in a garage and the remainder in other off-street locations such as the driveway. The Planning Board shall have the power to approve a site plan showing less paved area for parking than is required by this section, provided that a landscaped area of sufficient size to meet the deficiency shall be set aside and reserved to meet future needs.
(13)
The right-of-way and pavement widths for streets shall be determined by the Planning Board so as not to create excessive pavement or unnecessary removal of vegetation.
(14)
No addition or extension may be constructed on the outside of the original building, except for a patio or deck in the rear yard, no greater in depth than 15 feet, measured from the wall of the building. Such patio or deck may encroach five feet into the rear setback. A property divider accompanying a patio or deck for the purposes of privacy may not encroach upon the setback.
E.
Each tract in an RC-3 Zone shall have access to the surrounding road system at two locations. One of these two locations shall be for emergency access only.
F.
Walkways and bikeways shall be provided to create interior connections to other neighborhoods and shall be constructed as required by the Planning Board based upon recommendations from other concerned public bodies.
G.
A homeowners' association, with bylaws approved by the Planning Board and the Council, shall be formed to handle matters of common interest to the homeowners, such as the appearance and maintenance of grounds and buildings. The Borough and the homeowners' association shall have all the powers and duties prescribed in N.J.S.A. 40:55D-43.
§ 245-107 Wireless telecommunications facilities.
A.
Applicability. The following conditional use standards shall apply to all wireless telecommunication facilities that do not meet the definition of "eligible facilities request" as defined in this chapter.
B.
Location priority. Upon showing that a wireless telecommunications facility is needed for the provision of adequate service in the Borough of Mountain Lakes, said facility shall be permitted as a conditional use at the following prioritized locations:
(1)
The first priority location shall be co-location on existing wireless telecommunications facilities;
(2)
The second priority location shall be on existing structures owned by the Borough of Mountain Lakes, with the consent of the Borough, and if a structure is not suitable or available, lands owned by the Borough of Mountain Lakes, with the consent of the Borough;
(3)
The third priority location shall be on lands located in the B Business Zone as identified in the Borough of Mountain Lakes Zone Map but no closer to any residential zone or residential use than 300 feet;
(4)
The fourth priority location shall be on lands located in the OL-2 Office, Light Industrial Zone as identified in the Borough of Mountain Lakes Zone Map, but no closer to any residential zone or residential use than 300 feet; and
(5)
The fifth priority location shall be on lands located in the OL-1, Office, Light Industrial Zone as identified in the Borough of Mountain Lakes Zone Map, but no closer to any residential zone or residential use than 300 feet.
C.
If a wireless telecommunications provider seeks to place a wireless telecommunications facility on a lot that is located in a priority level other than the first priority location, the provider must establish that the priority locations prioritized ahead of the location in which the lot is located are either not available or not suitable for the provision of adequate wireless telecommunications services within the Borough of Mountain Lakes as provided in the Telecommunications Act of 1966 (47 U.S.C. § 332).
D.
All wireless telecommunications facilities shall be located to minimize visual impacts on the surrounding area in accordance with the following standards. In applying these standards, locations in a higher priority category under Subsection B shall be deemed more acceptable than lower priority sites.
(1)
Sites for wireless telecommunications facilities must demonstrate that they provide the least visual impact on residential areas and public ways. All potential visual impacts must be analyzed to illustrate that the selected site provides the best opportunity to minimize the visual impact of the proposed facility.
(a)
Wireless telecommunications equipment facilities should be located to avoid being visually solitary or prominent when viewed from residential areas and the public way. The facility should be obscured by vegetation, tree cover, topographic features and/or other structures to the maximum extent feasible.
(b)
Wireless telecommunications facilities shall be placed to ensure that historically significant structures, viewscapes, streetscapes and landscapes are protected. The views from architecturally and/or historically significant structures should not be impaired or diminished by the placement of telecommunications facilities.
E.
Site design standards.
(1)
Co-location. Any ordinance limitation on the number of structures on a lot shall apply except for wireless telecommunications facilities located on a lot with buildings or structures already located on it.
(2)
Security fencing. Wireless telecommunications facilities shall be enclosed by security fencing not less than six feet in height and shall be equipped with appropriate anti-climbing devices. Additional safety devices shall be permitted or required as needed by the Planning Board.
(3)
Landscaping. Landscaping shall be provided along the perimeter of the security fence to provide a visual screen or buffer for adjoining private properties and public right-of-way. Required front yard setback areas shall be landscaped. All wireless telecommunications equipment facilities shall be screened by an evergreen hedge eight to 10 feet in height at planting time.
(4)
Signs. Signs shall not be permitted except for a single sign displaying owner contact information, warnings, equipment information and safety instructions. Such signs shall not exceed two square feet in area. No commercial advertising shall be permitted. Only the minimum number of signs shall be permitted.
(5)
Color. Wireless telecommunications facilities shall be of a color appropriate to the tower's locational context and to make it as unobtrusive as possible, unless otherwise required by the Federal Aviation Administration.
(6)
Dish antennas. Dish antennas shall be colored, camouflaged or screened to make them as unobtrusive as possible, and in no case shall the diameter of a dish antenna be in excess of that which is reasonably needed for the intended purpose but in no event in excess of six feet.
(7)
Lighting. No lighting is permitted except as follows:
(a)
Wireless telecommunications equipment facilities enclosing electronic equipment may have security and safety lighting at the entrance, provided that the light is attached to the facility, is focused downward and is on timing devices and/or sensors so that the light is turned off when not needed for safety or security purposes; and
(b)
No lighting is permitted on a wireless telecommunications tower except lighting that specifically is required by the Federal Aviation Administration, and any such required lighting shall be focused and shielded to the greatest extent possible so as not to project towards adjacent and nearby properties.
(8)
Monopole. Any proposed new telecommunications tower shall be a monopole unless the applicant can demonstrate that a different type pole is necessary for the co-location of additional antennas on the tower. Such towers must employ camouflage technology to the greatest extent feasible and as agreed to by the Borough.
(9)
Noise. No equipment shall be operated so as to produce noise in excess of the limits set by the local noise ordinance, except for in emergency situations requiring the use of a backup generator.
(10)
Radio frequency emissions. Applicants shall provide current FCC information concerning wireless telecommunications facilities and radio frequency emission standards. Wireless telecommunications facilities shall be required to provide information on the projected power density of the proposed facility and how this meets the FCC standards.
(11)
Structural integrity. Wireless telecommunications facilities must be constructed to the Electronic Industries Association/Telecommunications Industries Association 222 Revision F Standard entitled "Structural Standards for Steel Antenna Towers and Antenna Supporting Structures" (or equivalent), as it may be updated or amended.
(12)
Maintenance. Wireless telecommunications facilities shall be maintained to assure their continued structural integrity and site plan, which includes landscaping. The owner of the wireless telecommunications facility shall also perform such other maintenance of the structure and of the site as to assure that it does not create a visual nuisance.
(13)
Interference. Interference studies must be conducted to insure local emergency R/Frequency transmissions are not interfered with.
(14)
Quarterly report. A quarterly maintenance report is required to the Borough Construction Code Official indicating maintenance and ownership.
F.
Co-location policy.
(1)
The Municipal Engineer and the Borough Clerk/Administrator shall maintain an inventory of existing wireless telecommunications facilities locations within and near the Borough of Mountain Lakes.
(2)
An applicant proposing a wireless telecommunications facility at a new location shall demonstrate that it made a reasonable attempt to find a co-location site acceptable to engineering standards and that none was practical or economically feasible.
(3)
Each application shall include a site location alternative analysis describing the location of other sites considered, the availability of those sites, the extent to which other sites do or do not meet the provider's service or engineering needs and the reason why the subject site was chosen. The analysis shall address the following issues:
(a)
How the proposed location of the wireless telecommunications facilities relates to the objective of providing adequate wireless communications services within and near the Borough of Mountain Lakes;
(b)
How the proposed location of the proposed wireless telecommunications facility relates to the location of any existing antennas within and near the Borough of Mountain Lakes;
(c)
How the proposed location of the proposed wireless telecommunications facility relates to the objective of collocating the antennas of many different providers of wireless communications services on the same wireless telecommunications facility; and
(d)
How its plan specifically relates to and is coordinated with the needs of all other providers of wireless communications services within and near the Borough of Mountain Lakes.
(4)
The Planning Board or Board of Adjustment may retain technical consultants as it deems necessary to provide assistance in the review of the site location alternatives analysis; the service provider shall bear the reasonable cost associated with such consultation, which cost shall be deposited in escrow.
G.
Anything herein notwithstanding, a wireless telecommunications facility may exceed the area, height and yard requirements of the district in which it is located, provided that it shall satisfy the conditional use requirements as set forth in this section. The following requirements shall also apply; however, inability to comply with the following provisions shall not be considered to be a violation of a conditional use standard, but shall instead be considered a violation of a bulk standard to be reviewed pursuant to N.J.S.A. 40:55D-70(c).
(1)
Height.
(a)
Where permitted, wireless telecommunications towers and antennas may exceed the maximum building height limitations, provided that the height has minimal visual impact and is no greater than required to achieve service area requirements and potential collocation within the Borough of Mountain Lakes.
(b)
Wireless telecommunications equipment facilities shall be subject to the minimum height restrictions of the zoning district in which they are located.
§ 245-108 Assisted living facility.
A.
Shall not limit residence to persons of a certain age.
C.
Dwellings constructed for low- and moderate-income households shall be governed by thirty-year deed restrictions (see N.J.A.C 5:93-5.16) ensuring long-term affordability controls in accordance with Article XVII of this chapter.
D.
The development, unit distribution and marketing of all housing constructed for low- and moderate-income households shall be undertaken consistent with the rules and regulations of the New Jersey Uniform Housing Affordability Controls, the provisions of Article XVII of this chapter, and N.J.A.C. 5:93-5.16, as may be applicable.
E.
Site design conditions.
(1)
A buffer measuring 125 feet deep shall be provided along any lot line that abuts the RC-3 Residential Zone. Within the 125 feet, a 100-foot planted buffer of trees shall be provided along with a twenty-five-foot roadway.
(2)
Density shall be 15.5 dwelling units per gross acre with a maximum of 90 units; however, in no event shall the total number of beds exceed 120.
(3)
A tree survey, tree preservation plan and an arborist on-site during the construction period. The tree preservation plan shall be developed in consultation with the Shade Tree Commission and designed to assure that all construction meets the intent of Chapter 102, Article VII, of the Mountain Lakes Preservation and Protection of Trees Code to the maximum extent practicable.
(4)
All new structures shall be set back a minimum of 150 feet (inclusive of minimum yard set-backs for R-AH3 District) from any adjacent parcels located in a residential district.
(5)
Site and a building light shall conform to the following:
(a)
All lighting fixtures must be shielded and conform to the International Dark-Sky Association;
(b)
Maximum mounting height of all lighting fixtures shall be 12 feet;
(c)
No flashing, laser, searchlight, strobe, tracing, pulsating, or neon exterior lighting is permitted; and
(d)
The illumination generated by all site and building lighting shall be minimized (recommended maximum of 0.5 footcandles or as determined to be appropriate by the Planning Board as part of site plan review).
§ 245-109 Hotels.
A.
The minimum lot size shall be 2.5 acres.
B.
The maximum building height shall be three stories/40 feet for a flat-roof building and three stories/45 feet for pitched roof building.
C.
The minimum lot frontage along Route 46 shall be 200 feet.
D.
Ancillary facilities/amenities, including a restaurant/lounge, meeting facilities and ballroom space(s), shall be permitted.
E.
The architectural design shall incorporate the following: vertical and horizontal articulation of the building facades; changes in facade plane, size and rhythm of window spacing and surface material and pattern; and a contrasting roofline.
§ 245-110 Gasoline station; automobile service stations.
A.
No hammering, welding, or painting repair work on cars shall be permitted or other work of the type usually conducted by and at automobile body shops in repairing damaged motor vehicles.
B.
A gasoline station or automobile service station may also include a retail business, in which case the minimum lot size shall be 1.5 acres.
C.
The minimum lot frontage requirement shall be 200 feet.
D.
All pumps, islands and canopies serving to protect customers while fueling shall be located a minimum of 40 feet from any street line and a minimum of 30 feet from any other lot line. Canopies, pumps and islands shall be considered accessory structures and not a second principal structure.
E.
Where a retail business is proposed, a minimum of one off-street parking space shall be provided for every 125 square feet of building floor area in addition to the requirements set forth at § 245-96.
F.
All lifts, greasing racks and other similar equipment shall be within the building.
G.
The underground storage of petroleum products shall meet the most stringent federal and state codes, as applicable, to protect the Borough's groundwater resources. Gas, fuel and other oil tanks which have been in disuse for more than one year shall be reinspected and certified prior to reuse. A gasoline station or automobile service station shall comply with Chapter 102 of the Revised General Ordinances of the Borough of Mountain Lakes.
H.
Motor vehicles may be parked upon the lot but only insofar as reasonably incident and accessory to the operation of an automotive service station and only in such a manner and location which neither interferes with ingress and egress to the premises nor creates any hazardous condition. No storage of motor vehicles, and no unsightly accumulation of vehicles or parts thereof, shall be permitted.
§ 245-111 Drive-in restaurants; restaurants with drive-through facilities.
The following conditional use standards shall be applicable to drive-in restaurants or restaurants with drive-through facilities where food or drink is served to customers in vehicles at a drive-through window:
A.
The pick-up window shall be located on the side or rear of the building to limit visibility from the primary road frontage.
B.
No driveway shall open upon a public street within 150 feet of an intersecting public street, measured from the intersection of the tangents of the adjacent curblines.
C.
One off-street parking space shall be provided for every two seats.
§ 245-112 Self-storage facilities.
A.
Self-storage facilities shall be at least two stories in height and no more than three stories in height and shall be designed architecturally to incorporate features typical of new multifamily residential or office building construction, including but not limited to facade articulation and materials treatment. The maximum height of a self-storage facility shall be 35 feet for a flat-roof building and 40 feet for a pitched roof building.
B.
The minimum frontage requirement shall be 200 feet.
C.
The only activities permitted in individual storage units shall be the rental of the unit and the pickup and deposit of goods and/or property in dead storage. Storage units shall not be used for the following activities:
(1)
Residences, offices, workshops, studios, or hobby or rehearsal areas.
(2)
Manufacturing, fabrication, or processing of goods; service or repair of vehicles, engines, appliances or other electrical equipment; or any other similar activities.
(3)
Conducting retail sales of any kind, including garage or estate sales or auctions, or any other commercial activity; provided that the operator of the self-storage unit may conduct a sale or otherwise liquidate the contents of any storage unit to satisfy and settle an account of unpaid rent or other charges, through public or private sales, in a manner provided by law.
(4)
Storage of flammable, perishable or hazardous materials or the keeping of animals.
D.
The rental of trucks, trailers or moving equipment, as well as the installation of trailer hitches, shall be prohibited.
E.
Sale of boxes or packing materials shall be permitted, but only if accessory to the self-storage facility.
F.
Self-storage facilities shall not operate or allow tenant access between the hours of 12:00 midnight and 6:00 a.m.
G.
All goods and property in a self-storage facility shall be stored in an enclosed building. No outdoor storage of any kind, including but not limited to storage of boats, RVs, vehicles, trailers or similar vehicles, or storage in outdoor storage pods or shipping containers, shall be permitted.
H.
All storage units above grade and all storage units visible from residential areas shall gain access from the interior of the building(s) only; no unit doors, loading bays, or docks may face or be visible from any adjacent residential areas.
I.
Electrical service to storage units shall be for lighting and climate control only. No electrical outlets are permitted inside individual storage units. Lighting fixtures and switches shall be of a secure design that will not allow tapping such fixtures for other purposes.
§ 245-113 Sexually oriented establishments.
Sexually oriented established shall be permitted as a conditional use in the B Zone only, subject to all applicable regulations in this chapter, a review by the Planning Board and the following conditions:
A.
The establishment shall be located at least 500 feet from the boundary of any residential zone within the Borough of Mountain Lakes and from any existing and/or approved but not yet existing house of worship, day-care center and school.
B.
In order to avoid a concentration of sexually oriented establishments, such establishment shall be located at least 1,000 feet from any other existing and/or approved but not yet existing sexually oriented establishment.
C.
The foregoing distance limitations shall be measured by a straight line drawn from the nearest point of the lot boundary on which the proposed use is to be located to the nearest point of the lot or district boundary, as the case may be, of the other use or district, and those uses, district boundary lines and dimensions shall be indicated on the submitted site plan.
D.
The building housing the sexually oriented establishment shall have a minimum front setback of 75 feet and a minimum side or rear setback of 25 feet. The building and associated parking area shall be surrounded by a perimeter landscape buffer of at least 20 feet in width, consisting of landscape plantings designed and installed to the satisfaction of the Planning Board.
E.
Every sexually oriented establishment shall be located in a single-occupant, freestanding building.
F.
No sexually oriented establishment shall be permitted in a building having a capacity to accommodate 50 or more occupants.
G.
Off-street parking requirements for a sexually oriented establishment are one space for every 200 square feet of gross floor area or portion thereof, plus one space for each employee, provided that a minimum of 10 parking spaces shall be provided.
H.
All other requirements of this chapter, including but not limited to the business zone requirements, shall be met.