Nutley City Zoning Code
ARTICLE VII
Use Regulations
§ 700-38 Amusement devices as accessory uses.
Except as a principal use in the B-3 Zoning District, amusement devices are only permitted as an accessory use in the B-1, B-2, B-3 and B-4 Zoning Districts and only if all of the following requirements are complied with:
A.
There shall be 60 square feet of operating area for each amusement device. The calculation of the operating area shall exclude any area of the premises which is used for other purposes but shall include access and walkways primarily serving said amusement device.
B.
The maximum area devoted for all amusement devices at a ratio of 60 square feet for each device shall not exceed 20% of the gross floor area of the establishment or 360 square feet, whichever is less. Use of more than 360 square feet of operating area for amusement devices shall be deemed to be a principal use.
C.
No amusement device shall be used, placed, maintained or operated in any back room of the premises where the device is licensed.
D.
No amusement device shall be used, placed, maintained or operated in any premises within 500 feet of a school, church or other house of worship. The distance shall be measured from the nearest entrance of the school or church to the nearest entrance of the premises on which the amusement device is located or is sought to be located along the route that a pedestrian would normally walk.
§ 700-39 Prohibited uses in all districts.
The following uses and buildings are deemed inappropriate to the Township of Nutley, inimical to the public health, safety, welfare and morals and may not be established in any zoning district created by this chapter:
A.
Mobile home.
B.
Mobile home camp.
C.
Hotel.
D.
Junkyard.
E.
Truck terminal.
F.
Drive-in restaurant.
G.
Fast-food restaurant.
H.
Advertising signs, roof signs and pylon signs.
I.
Boarding and rooming houses.
J.
Any use violating the performance standards of § 700-42.
K.
The raising and keeping of livestock and poultry.
L.
Sewage treatment plants or processing, conversion storage or treatment of by-products derived therefrom.
M.
All classes of cannabis establishments or cannabis distributors or cannabis delivery services as said terms are defined in Section 3 of P.L. 2021, c. 16[1], but not the delivery of cannabis items and related supplies by a delivery service.
[Added 6-1-2021 by Ord. No. 3473]
[1]
Editor's Note: See N.J.S.A. 2C:35-10a.
N.
Smoke shop.
[Added 5-16-2023 by Ord. No. 3514]
O.
Vape shop.
[Added 5-16-2023 by Ord. No. 3514]
P.
Tattoo parlors.
[Added 8-1-2023 by Ord. No. 3521]
§ 700-40 Mixed use.
[Amended 2-19-2019 by Ord. No. 3414]
A "mixed use" is the use of a building, multistories in height, for residential and business uses, the residential use of which shall be permitted on the second and third floors of mixed use buildings. The first floor of a building shall be determined by "street level entry" to the building regardless of topographical conditions. Mixed use buildings containing residential uses shall only be permitted in the B-1 and B-3 districts in accordance with §§ 700-15 and 700-17. A mixed use building with a residential use is strictly prohibited in any B3-A or B-4 Districts, which permits a mix of nonresidential mixed uses only. A mixed use building is permitted in accordance with the following regulations and restrictions:
A.
The required off-street parking in conjunction with a mixed use building shall be equal to the sum of the required off-street parking in Article XIII per each use.
B.
The maximum density for a mixed use building is established in the Schedule of Regulations as to Bulk, Height and Other Requirements (§ 700 Attachment 3).
C.
A minimum of 30% of the first floor of a mixed use building shall be nonresidential interior space based on the footprint of the largest floor.
D.
The minimum size of a one-bedroom unit shall be 925 square feet. A two-bedroom unit shall be a minimum of 1,175 square feet.
E.
Every room area of 69 square feet or more (except the kitchen, the living/dining room, and bathroom) shall be considered as a bedroom, regardless of the building plan designation.
F.
Where more than 50% of the street frontage between intersecting streets or between an intersecting street and the Township boundary line is developed with business uses, the front yard requirement shall be equal to the average front yards of the existing business buildings between the intersecting streets, or between an intersecting street and the Township boundary line, on the same side of the street calculated to the nearest foot. However, in no case shall a building be located closer than three feet to the right-of-way line of Franklin Avenue.
G.
Where less than 50% of the street frontage between intersecting streets, or between an intersecting street and the Township boundary line, is developed with business uses, the front yard requirement shall be three feet from the right-of-way line of Franklin Avenue and 10 feet from the right-of-way line of any other street.
§ 700-41 Outdoor cafes and sidewalk cafes.
A.
The purpose of this section is to establish a procedure and authorize rules and regulations thereunder for the licensing of outdoor sidewalk cafes and outdoor cafes (hereinafter collectively called "cafes") in all business zones where restaurants are permitted. In any business zone in which restaurants are a prohibited use, such cafes are a prohibited use.
B.
Definitions. For the purpose of this section, the following words shall have the meanings respectively ascribed in this subsection:
OUTDOOR CAFE
Any eating establishment where food and other refreshments are served out of doors directly on the side of or to the rear of any restaurant or other place of business where food and/or other refreshments are served.
OUTDOOR SIDEWALK CAFE
Any eating establishment where food and other refreshments are served out of doors directly in front of any restaurant or other place of business where food and/or other refreshments are served.
PUBLIC RIGHT-OF-WAY
Improved or unimproved public property dedicated or deeded to the Township for the purpose of providing vehicular, pedestrian and public use. That area immediately outside of and contiguous to any restaurant, cafe, cafeteria or place of business which is currently used or reserved for use by the public.
SIDEWALK
That area of the public right-of-way reserved for pedestrian traffic and designated by the construction of cement, brick paver or like material, and existing in varying degrees between the curb and the front line of the building housing an eating establishment.
C.
It shall be unlawful for any person, firm, partnership, corporation, association or organization of any kind (hereinafter collectively referred to as "person") to create, establish, operate, maintain or otherwise be engaged in the business of conducting an outdoor sidewalk cafe or an outdoor cafe unless such person shall hold a currently valid license issued pursuant to the terms of this section.
D.
A person may apply for a license to operate an outdoor sidewalk cafe if the cafe is directly in front of an existing restaurant, cafe, cafeteria or place of business where food and/or other refreshments are served. The outdoor sidewalk cafe may operate in the public right-of-way and on the sidewalk, provided that a minimum of four feet of unobstructed sidewalk remains available for pedestrian traffic around or through such cafe. No food or drinks served at such cafe shall be prepared or stored other than in the interior of the eating establishment. The term "directly in front of" shall confine the cafe to the area represented by an extension of each side of the store occupied by the eating establishment projected directly to the curbline immediately in front thereof.
E.
A person may apply for a license to operate an outdoor cafe if the cafe is not directly in front of an existing restaurant or other place of business where food and/or other refreshments are served, but is directly to the side of or in the rear of said establishment. The outdoor cafe may not operate in the public right-of-way unless the public right-of-way is strictly and solely for pedestrian use. If the public right-of-way includes a sidewalk, a minimum of four feet of unobstructed sidewalk must remain available for pedestrian traffic around or through such cafe. No food or drinks served at such cafe shall be prepared or stored other than in the interior of the eating establishment.
F.
Application for the license required hereunder shall be made to the Construction Code Official and shall be signed by the applicant. The application shall contain the following information:
(1)
The name, residence address and telephone number of each individual, owner, partner or, if a domestic corporation, the names, residence addresses and telephone numbers of the directors and officers owning a 10% or greater interest in the corporation and the chief operating executive of the corporation, and, if a nondomestic corporation, the name, residence address and telephone number of the managing officer for service of process within the State of New Jersey and a copy of the qualification of said nondomestic corporation to conduct business in the State of New Jersey.
(2)
A copy of the trade, corporate, business or fictitious name in which the applicant intends to do business pursuant to this section.
(3)
The address and description of each place where the applicant intends to establish or operate an outdoor cafe or sidewalk cafe.
(4)
The name and address of the person owning the premises, if other than the applicant, and the consent of the owner of the premises to the application.
(5)
Layout plan.
(a)
Three sets of a proposed layout plan containing scaled drawings clearly illustrating the number, type of materials, color and location of all tables, chairs, umbrellas or other furnishings or fixtures intended to be located in the cafe. The perimeter of the cafe shall be defined and set off by an enclosure, which may include live plantings. The enclosure shall define the perimeter of the area to be used as a cafe and shall separate it from the pedestrians traversing the adjacent sidewalk. The enclosure shall not contain doors or windows and shall be open at all times to the air from a height of not more than three feet. Awnings or outdoor umbrellas extending over the enclosure are permitted but must conform to all existing regulations, including the municipal Sign Ordinance.[1]
[1]
Editor's Note: See Art. XII, Signs.
(b)
The scaled drawings shall also illustrate the following:
[1]
The location of any doors leading from the eating establishment to the cafe. No such doors may be obstructed in any manner.
[2]
The number of feet and location of unobstructed space permitting free passage of pedestrian traffic around or through the cafe.
[3]
The location of the place where any food or drink is intended to be prepared.
[4]
An illustration of the enclosure or protective barrier separating the eating and serving area of the cafe from pedestrian traffic.
[5]
The location of all fire hydrants, parking meters, utility poles, benches, handicap ramps, street furniture, trees and any other fixtures permanently located on the sidewalk in front of the eating establishment or within 10 feet thereof on either or any side.
[6]
The type and location of any proposed outdoor lighting and fixtures.
[7]
An application fee shall be $100.
G.
The Construction Code Official will review the application for completeness and compliance with the terms of this section. If the application is complete, the Construction Code Official will act upon the same within 10 business days of the submittal of the application or within 10 business days after the application becomes complete. If the application is not complete, the Construction Code Official will so notify the applicant within 10 business days of the submission and specifically detail the areas in which the application lacks compliance with the requirements of this section.
H.
If the application complies with this section, the Construction Code Official shall issue a license strictly subject to the terms and conditions of this section.
I.
The license is personal to the applicant, and any change or transfer of ownership of the cafe shall terminate the license and shall require new application and a new license in conformance with all of the requirements of this section.
J.
Acceptance of the license by the applicant shall operate as a consent to the health, fire, police and Building Officials of the Township to inspect the cafe and eating establishment for continued compliance with the terms and conditions of this section and any federal, state, county or local law, regulation or ordinance, including, but not limited to, municipal parking requirements.
K.
No license required by this section shall be granted to any person to operate a cafe until such person shall have filed with the Construction Code Official a statement agreeing to indemnify and hold harmless the Township of Nutley, its agents, servants, representatives or employees from any or all claims, damages, judgment costs or expenses, including attorney fees, which they or any of them may incur or be required to pay because of any personal injury, including death, or property damage suffered by any person or persons as a result of or related in any way to the operation and maintenance of the cafe for which the license is issued.
L.
Liability insurance requirement.
(1)
No license required by this section shall be granted to any person to operate a cafe until such person shall have first filed with the Construction Code Official a comprehensive general liability policy issued to such person by a public liability insurance company authorized to do business in the State of New Jersey affording the coverage set forth below in the amounts specified. Such insurance policy shall name the Township of Nutley, Nutley, New Jersey 07110, its agents, officers, servants, representatives and employees as additional insureds with respect to the operation and maintenance of the cafe in the following amounts:
(a)
Bodily injury.
[1]
Each person: $300,000.
[2]
Each accident: $1,000,000.
(b)
Property damage.
[1]
Each person: $300,000.
[2]
Each accident: $1,000,000.
(2)
The insurance coverage required by this subsection shall at all times be maintained for the full amount. The policy of insurance required by this subsection to be filed with the Construction Code Official shall contain a clause obligating the company issuing the same to give not less than 30 days' written notice to the Township Clerk before cancellation or amendments of any of the terms thereof. Notice of cancellation shall not relieve the company issuing such policy of liability for any injury or claim arising before the cancellation becomes effective. The cancellation of any such policy shall have the immediate effect of suspending the license of such person to operate the cafe covered thereby until a new policy complying with the provisions of this section is filed with the Construction Code Official and a letter in writing confirming the new effective date of the license is issued by the Construction Code Official.
M.
Every insurance policy required hereunder shall contain a provision for continuing liability thereunder to the full amount thereof notwithstanding any recovery thereon, that the liability of the insured shall not be affected by the insolvency or the bankruptcy of the insured and that until the policy is canceled the insurance company will not be relieved from liability on account of nonpayment of premium or of any act or omission by the named insured. Such policy of insurance shall be further conditioned for the payment of any and all judgments up to the limits of such policy.
N.
No license required by this section shall be granted to any person to operate a cafe until such person shall have filed with the Construction Code Official any written approvals which may be required from the County of Essex and State of New Jersey. If the establishment is located on a county or state road, the Construction Code Official shall presume that the approvals of the respective governmental entities are required. If the entity declines to take a position on the application, the applicant must produce a letter from the entity so indicating.
O.
Revocation or suspension of license. Any license issued hereunder is issued solely as a revocable license, which shall be subject to revocation or suspension by the Code Enforcement Official for failure of any licensee to comply with this section or for violation of any other applicable federal, state, county or municipal law, regulation or ordinance. Any license issued hereunder is issued upon the express understanding that the licensee obtains no property right thereunder nor any interest in the continuation of said license.
P.
It shall be unlawful for any person to operate a cafe after the suspension or termination of the applicable license.
Q.
Each licensee is responsible for keeping the area of the cafe and the adjacent walks and streets free and clear of any debris or litter occasioned by the cafe. Areas must be cleaned as needed and at the time that business is closed and at the beginning of each business day, but not later than 9:00 a.m.
R.
No vending machines of any kind are permitted on the exterior of any building operating a cafe.
S.
Signs. No signs shall be permitted in the area of the cafe except signs on awnings and umbrellas which comply with the Sign Ordinance of the Code of the Township.[2] Any language, logos, pictures or other expressions contained on awnings or umbrellas are strictly prohibited.
[2]
Editor's Note: See Art. XII, Signs.
T.
In addition to the powers of suspension or revocation as set forth above, the Township reserves the right to modify, suspend or revoke any license on 10 days' written notice if the Township determines that pedestrian traffic is, in fact, impeded or made unsafe because of the operation of the cafe or because of any other safety issue which the Township determines adversely affects the Township because of such operation. The license may also be suspended or revoked on 10 days' written notice in the event that the Township determines that it is necessary to utilize the area or any part thereof for the maintenance or installation of underground utilities. In the event of an emergency, which emergency is certified by the Director of Public Safety, the license may be suspended or revoked without notice.
U.
If the applicant is the holder of an alcoholic beverage control license pursuant to the laws of the State of New Jersey, it shall be the applicant's responsibility to cause the alcohol beverage control license to be amended to include the premises utilized for cafe purposes in order to serve alcoholic beverages therein.
V.
Cafes shall be permitted to operate throughout the calendar year.
W.
Application for a license renewal can be accomplished on an expedited basis by the applicant submitting a renewal application to the Construction Code Official, accompanied by the required licensing fee. The application shall contain a sworn statement by the applicant that the ownership, name and layout of the cafe is the same as set forth in the original application, and the applicant is aware that any false information submitted in the original or renewal application shall be cause for immediate revocation of the license. The renewal application may also contain such other information as the Code Enforcement Office may require.
X.
No tables, chairs or other equipment used in the cafe shall be attached, chained or in any manner affixed to any tree, post, sign, curb or sidewalk or property of the Township of Nutley within or near the licensed area.
Y.
The licensee agrees that after the end of the license period, or in the event that the license is temporarily or permanently suspended or revoked, the licensee will, at its own cost and expense, vacate the sidewalk space and promptly remove any property placed thereon. Failure to do so on five days' written notice shall grant to the Township the right to remove any property on the sidewalk, and the licensee agrees to reimburse the Township for the cost of removing and storing the same.
Z.
The licensee shall not direct nor permit to be directed to or from the area occupied by the cafe any bell, chime, siren, whistle, loudspeaker, public address system, radio, sound amplifier or similar device.
AA.
No cafe shall open for business prior to 7:00 a.m. nor remain open for business after 11:00 p.m. All persons occupying the cafe are required to vacate the cafe no later than 11:30 p.m.
BB.
Table service is required.
§ 700-42 Performance standards.
A.
No use shall be established, maintained or conducted in any district so that the same will cause any of the following:
(1)
Dissemination of smoke, fumes, gas, dust, fly ash or any other atmospheric pollutants.
(2)
Vibration beyond the boundaries of the lot on which such use is conducted.
(3)
Odors noticeable at the lot line or beyond.
(4)
Direct or reflected glare visible at the lot line.
(5)
Physical hazard by reason of fire, explosion, radiation or similar cause to the property in the same or adjacent district.
B.
Any use established in any district shall meet all requirements of the New Jersey Air Pollution Control Code, as amended and augmented by regulations now in effect or hereafter adopted; the New Jersey Noise Control Act of 1971, as amended and augmented by regulations now in effect or hereafter adopted; the New Jersey Water Pollution Control Act of 1977, as amended and augmented by regulations now in effect or hereafter adopted; and all other applicable state and federal environmental control legislation.
C.
Enforcement of performance standards. Satisfactory evidence shall be presented to the administrative officer that the proposed use shall conform to the performance standards above. The administrative officer may obtain expert advice, at the expense of the applicant, regarding performance standards.
D.
Revocation of construction permit and/or certificate of occupancy. In the event of failure to comply with any provisions of this section, and any performance standard as stated herein, the Administrative Officer shall revoke the construction permit or certificate of occupancy or take such other steps as may be lawful to enforce such provisions.
§ 700-43 General standards for all conditional uses.
A.
Site plan approval required. All conditional uses are subject to site plan approval as set forth in Chapter 600, Site Plan Review.
§ 700-44 Schedule of conditional uses.
The following uses are established as conditional uses in the zones designated below, subject to the requirements of §§ 700-43 and 700-45.[1]
[1]
Editor's Note: The Schedule of Conditional Uses is included as an attachment to this chapter.
§ 700-45 Permitted conditional uses.
The following specific standards shall apply to the conditional uses listed in the Schedule of Conditional Uses:
A.
Elementary and secondary schools, provided that all requirements for the zone are met except as follows:
(1)
Elementary and secondary uses subject to public school facility regulations pursuant to N.J.S.A. 18A:18A-16 as now or hereafter amended, provided that the following condition is met: The capital project plan proposed shall have been presented to the Nutley Township Planning Board pursuant to N.J.S.A. 40:55D-31.
(2)
Elementary and secondary uses which are exempt from the provisions of N.J.S.A. 18A:18A-16 shall be subject to fulfillment of the following conditions:
(a)
Site plan approval as set forth in Chapter 600, Site Plan Review.
(b)
The lot shall be sufficient size for the following:
[1]
The placement of the school facility.
[2]
The placement of all other structures such as greenhouses, storage buildings, school bus maintenance buildings or garages and any other structures, above or below ground, which are to be placed thereon.
[3]
There shall be multipurpose physical education and recreation field(s), both indoor and outdoor, which are required to support the achievement of the Core Curriculum Content Standards as defined by the educational specifications under New Jersey law and to ensure participation in traditional physical education programs and organized team activities such as softball, soccer, etc.
[4]
There shall be disabled-access pedestrian walkways, roadways, and parking areas on which people and vehicles access the building.
[5]
There shall be public and service access roads onto the site, including, where warranted, a one-way school bus road of thirty-foot width and a two-way road of thirty-six-foot width; a school bus drop-off area sufficient to accommodate at least four school buses; and an eighteen-foot-wide posted fire lane for fire apparatus.
[6]
There shall be thirty-foot-wide access around the entire building.
[7]
There shall be sufficient access for fire and emergency vehicles from at least two separate access points.
(c)
Minimum lot size shall be sufficient to accommodate the foregoing, but in no event less than five acres.
(d)
Minimum side yard: 30 feet.
(e)
Minimum rear yard: 30 feet.
(f)
A drop-off area shall be provided for at least four buses, Type 1, 40 passengers.
(g)
Notwithstanding any other section of this chapter, where any elementary school or secondary school adjoins a residential use or residential zone, there shall be a ten-foot-wide landscaped strip adjoining the residential lot line, unless a wider buffer is specifically required. The landscaping shall consist of densely planted evergreens at least six feet high at planting.
B.
Nursery schools and day-care centers, both licensed by the State of New Jersey, provided that:
(1)
Any outdoor play area is located at least 10 feet from any property line in any residence zone and that such play area is screened by an evergreen hedge or landscaped wood fence or landscaped solid decorative masonry wall at least four feet in height in conformance with applicable codes.
(2)
The lot containing the nursery school or day-care center shall contain at least 10,000 square feet and shall be at least 75 feet wide.
(3)
A drop-off area accommodating at least two cars shall be provided on the property.
C.
Satellite dishes, as defined in § 700-3, except a small and/or medium dish, are a permitted use when located in the rear yard. If they are to be located in the side yard or upon a roof, they are permitted as a conditional use as an accessory structure to a principal use. All satellite dishes are subject to the following standards:
(1)
There shall be one satellite dish per lot or principal structure, whichever is less, and shall be solely an accessory structure to a principal use.
(2)
The dish shall be no more than 10 feet in diameter and no higher than 11 feet from the base (including the stand) to the highest point of its outer circumference, with any extensions.
(3)
The satellite dish shall be the mesh variety, shall contain no lettering, advertising or identification markings and shall be of a color which best blends with the surroundings.
(4)
The location of satellite dish shall be as follows:
(a)
Rear yard.
[1]
Satellite dishes shall be located in the rear yard. It shall be at least 10 feet away from the principal structure, eight feet away from adjoining property line, at least 50 feet away from any side street line and at least 50 feet away from any front street line.
[2]
If the location of the satellite dish in the rear yard is satisfactory for purposes of receiving satellite signals but the applicant is unable to comply with the setback requirements of this subsection, then the Planning Board, without application fee, shall have the authority to adjust the setback requirements consistent with the purpose of this subsection.
(b)
Side yard.
[1]
The satellite dish must be at least five feet away from the principal structure, 10 feet away from any side street line, eight feet away from adjoining property line and at least 50 feet from the front street line.
[2]
If the location of the satellite dish in the side yard is satisfactory for purposes of receiving satellite signals but the applicant is unable to comply with the setback requirements of this subsection, then the Planning Board, without application fee, shall have the authority to adjust the setback requirements consistent with the purposes of this subsection.
(c)
In the event that the location of the satellite dish in the side yard and the rear yard imposes an unreasonable limitation on or prevents the reception of satellite-delivered signals by the applicant or imposes costs on the applicant that are excessive in light of the purchase and installation costs, then the Planning Board, without application fee, may authorize a permit to place a satellite dish on top of existing structures, consistent with the safety, health and aesthetic objectives of the Township and the ability to receive signals.
(5)
Where the applicant desires a permit for the placement of a satellite dish in a location other than the rear yard, the applicant shall have the burden of proving the unreasonableness of the rear or side yard location. A location shall be considered reasonable if the applicant is able to receive usable satellite signals from the major communication satellites.
(6)
Whenever the satellite dish is placed in the rear yard or in a location other than atop the principal structure, all wiring to or from the dish shall be placed underground.
(7)
It is the purpose of this subsection to regulate the construction, erection and use of satellite dishes consistent with a citizen's right to receive and utilize satellite signals. The size and shape of satellite dishes present health, safety and aesthetic concerns to the community, and it is the purpose of this subsection to locate the satellite dishes in the rear yard whenever and wherever possible. It is further the purpose of this subsection to locate the satellite dishes on the ground. Finally, it is the purpose of this subsection to limit rooftop locations of satellite dishes to those applicants who are unable to receive satellite signals at other reasonable locations upon the property.
(8)
The Planning Board shall not be permitted to charge any fees for consultants retained by the Board in connection with any application under this subsection.
(9)
A transmitting dish in a residential zone or a residential use in a mixed use zone is not a permitted use, except for amateur radio operators licensed by the Federal Communications Commission at the licensee's authorized station location. The Planning Board is hereby authorized to grant a conditional use permit for such antennas subject to reasonable requirements, consistent with orders and opinions of the Federal Communications Commission concerning public health and aesthetics.
(10)
All applications for satellite dishes shall be accompanied by a certified survey map showing location, setbacks, height, size, type of construction and direction of orientation of the dish. Plans shall be drawn to scale. Height shall be measured from the ground level.
(11)
Notwithstanding the above, in a PRD Zone, a single maximum ten-foot-diameter master satellite dish serving the townhouse units in individual sections of the PRD Zone shall be permitted, provided that the satellite dish shall be set back a minimum of 50 feet from the boundary lines of the PRD and a minimum of 10 feet from the structures.
D.
Public utility buildings and facilities.
(1)
The proposed installations shall meet all the requirements of the Public Utilities Commission.
(2)
The minimum lot area for the zone district in which the use is located shall be met.
(3)
All yard and setback requirements of the zone district shall be met; provided, however, that no yard shall be less than the height of the facility nor shall any facility be located within 100 feet of a residential district boundary line.
(4)
Adequate off-street parking shall be provided. Parking areas and driveways shall meet parking setback requirements of the zone district.
(5)
Building design shall be consistent with the character of the neighborhood in which the use is to be located.
(6)
The Board may impose such conditions as it may deem appropriate with respect to, among other matters, traffic and parking arrangement, the amount of off-street parking, building design and appearance and landscaping.
(7)
Notwithstanding any other section of this chapter, where a public utility building or facility abuts a residential use or residential zone, there shall be a ten-foot-wide landscaped strip adjoining the residential lot line, unless a wider buffer is specifically required. The landscaping shall consist of densely planted evergreens at least six feet high at planting.
E.
Community residences for the developmentally disabled and community shelters for victims of domestic violence, subject to the following standards:
(1)
Shall be permitted as a conditional use in all residence districts, provided the group home houses more than six persons, but no more than 15 persons, excluding resident staff.
(2)
All setbacks, maximum lot coverage and height shall comply with the requirements for the residence district in which the group home is located.
(3)
One off-street parking space shall be provided for each staff member on the shift with the greatest number of staff members.
(4)
All principal and accessory structures shall be designed and constructed so as to be compatible with the appearance of a one-family residence.
(5)
No such residence shall be located within 1,500 feet of another property devoted to the same use.
(6)
All such residences shall be fully licensed by the State of New Jersey.
(7)
A conditional use permit need not be issued if the facilities within the Township exceed, exclusive of residential staff, 50 persons or 1/2 of 1% of the population of the Township, whichever is greater.
F.
Houses of worship, together with religious uses related thereto, subject to the following standards:
(1)
Minimum lot size: 25,000 square feet.
(2)
Minimum lot width: 200 feet.
(3)
Minimum lot depth: 100 feet.
(4)
Minimum front yard: 25 feet.
(5)
Minimum side yard: 20 feet.
(6)
Minimum rear yard: 25 feet.
(7)
Maximum height (exclusive of steeples): three stories; 35 feet.
(8)
Maximum coverage: 35%.
(9)
Notwithstanding any other section of this chapter, where a house of worship adjoins a residential use or residential zone, there shall be a ten-foot-wide landscaped strip adjoining the residential lot line, unless a wider buffer is specifically required. The landscaping shall consist of densely planted evergreens at least six feet high at planting.
G.
Clubhouses for civic, charitable, recreational, cultural, veterans or fraternal organizations, subject to the following standards:
(1)
Minimum lot size: 25,000 square feet.
(2)
Minimum lot width: 200 feet.
(3)
Minimum lot depth: 100 feet.
(4)
Minimum front yard: 25 feet.
(5)
Minimum side yard: 20 feet.
(6)
Minimum rear yard: 25 feet.
(7)
Maximum coverage: 35%.
(8)
Maximum building height: two stories; 30 feet.
(9)
Parking: two for each five persons of maximum seating capacity by the Uniform Construction Code.
(10)
Notwithstanding any other section of this chapter, where a clubhouse adjoins a residential use or residential zone, there shall be a ten-foot-wide landscaped strip adjoining the residential lot line, unless a wider buffer is specifically required. The landscaping shall consist of densely planted evergreens at least six feet high at planting.
H.
(Reserved)
I.
Gasoline filling stations, automobile service stations, auto repair shops and public garages, subject to the following standards:[1]
(1)
Minimum lot area: 10,000 square feet.
(2)
Minimum lot width: 100 feet.
(3)
Minimum lot depth: 100 feet.
(4)
Minimum front yard: 20 feet to canopy or nearest pump island; 30 feet to principal building.
(5)
Minimum rear yard: 10 feet.
(6)
Minimum side yard: 10 feet.
(7)
Maximum coverage: 20%, including canopy.
(8)
Maximum height: one story; 15 feet.
(9)
Required parking pursuant to Article XIII. There shall be a minimum of one on-site parking space for each two employees, and one parking space for each service vehicle. There shall be no repairs conducted outside of the building. There shall be no sale or rental of vehicles.
(10)
A report shall be obtained from the Police and Fire Departments, and any recommendations in that report shall be considered by the Planning Board.
(11)
All signs shall comply with the regulations of this chapter.
(12)
Notwithstanding any other section of this chapter, where a gasoline filling station abuts a residential use or residential zone, there shall be a ten-foot-wide landscaped strip adjoining the residential lot line, unless a wider buffer is specifically required. The landscaping shall consist of densely planted evergreens at least six feet high at planting.
[1]
Editor's Note: See also Ch. 580, Service Stations, Automobile.
J.
Used car lots, subject to the following standards:[2]
(1)
Minimum lot area: 10,000 square feet.
(2)
Minimum lot width: 100 feet.
(3)
Minimum lot depth: 100 feet.
(4)
Minimum front yard: 10 feet for parked cars; 20 feet for building.
(5)
Minimum rear yard: 10 feet.
(6)
Minimum side yard: 10 feet.
(7)
Maximum coverage: 15%.
(8)
Maximum height: one story; 15 feet.
(9)
There shall be a minimum of one on-site parking space for each two employees. There shall be no repairs conducted on the site. There shall be no string lighting, banners or pennants. All signs shall comply with the regulations of this chapter.
(10)
A report shall be obtained from the Police and Fire Departments, and any recommendations in that report shall be considered by the Planning Board.
(11)
All necessary state permits and licenses shall be obtained.
(12)
Notwithstanding any other section of this chapter, where a used car lot abuts a residential use or residential district, there shall be a ten-foot-wide landscaped strip adjoining the residential lot line, unless a wider buffer is specifically required. The landscaping shall consist of densely planted evergreens at least six feet high at planting.
[2]
Editor's Note: See also Ch. 679, Vehicles, Sale of Used.
K.
Car washes, subject to the following standards:
(1)
Minimum lot area: 10,000 square feet.
(2)
Minimum lot width: 100 feet.
(3)
Minimum lot depth: 100 feet.
(4)
Minimum front yard: 25 feet.
(5)
Minimum rear yard: 10 feet.
(6)
Minimum side yard: 10 feet.
(7)
Maximum coverage: 20%.
(8)
Maximum height: one story; 15 feet.
(9)
There shall be a minimum of one on-site parking space for each three employees. There shall be no repairs conducted on the site. There shall be no string lighting, banners or pennants. All signs shall comply with the regulations of this chapter.
(10)
There shall be stacking for at least eight cars at the site.
(11)
Drainage plans and calculations prepared by a licensed engineer shall be submitted and approved by the Township Engineer.
(12)
A report shall be obtained from the Police and Fire Departments, and any recommendations in that report shall be considered by the Planning Board.
(13)
Notwithstanding any other section of this chapter, where a car wash abuts a residential use or residential district, there shall be a ten-foot-wide landscaped strip adjoining the residential lot line, unless a wider buffer is specifically required. The landscaping shall consist of densely planted evergreens at least six feet high at planting.
L.
Hospitals and nursing homes for the intermediate or long-term care of human beings as regulated by state law, subject to the following standards:
(1)
Minimum lot size: four acres.
(2)
Minimum lot width: 400 feet.
(3)
Minimum lot depth: 400 feet.
(4)
Minimum front yard: 35 feet.
(5)
Minimum rear yard: 25 feet.
(6)
Minimum side yard: 20 feet.
(7)
Maximum coverage: 35%.
(8)
Maximum height: three stories; 35 feet.
(9)
Off-street parking shall be provided in accordance with Article XIII of this chapter.
(10)
Notwithstanding any other section of this chapter, where a hospital or nursing home abuts a residential use or residential district, there shall be a ten-foot-wide landscaped strip adjoining the residential lot line, unless a wider buffer is specifically required. The landscaping shall consist of densely planted evergreens at least six feet high at planting.
M.
Immediate care facilities, subject to the following standards:
(1)
Minimum lot area: 40,000 square feet.
(2)
Minimum lot width: 200 feet.
(3)
Minimum lot depth: 200 feet.
(4)
Minimum front yard: 25 feet.
(5)
Minimum rear yard: as per zone requirements.
(6)
Minimum side yard: as per zone requirements.
(7)
Maximum coverage: 35%.
(8)
Maximum building height: two stories; 25 feet.
(9)
Parking: one space for each 200 square feet of total floor area.
(10)
Notwithstanding any other section of this chapter, where an immediate care facility abuts a residential use of a residential district, there shall be a ten-foot-wide landscaped strip adjoining the residential lot line, unless a wider buffer is specifically required. The landscaping shall consist of densely planted evergreens at least six feet high at planting.
