Ocean Township Ocean County
City Zoning Code
City Zoning Code
ARTICLE XV
Conditional Uses
§ 410-119 Purpose.
It is recognized that certain uses, while necessary or desirable for the convenience of the citizens of the Township, if located without proper consideration to existing conditions and surrounding development, may have an adverse effect on the public health, safety and general welfare of the community. These uses are designated as conditional uses and are subject to the conditions established.
§ 410-120 General standards.
In its review of an application for a conditional use in any district, the Planning Board shall consider and be guided by the following standards in approving or disapproving an application:
A.
The use for which an application is being made is specifically listed as a conditional use within the district where the property is located in §§ 410-12 through 410-29.
B.
The design, arrangement and nature of the particular use is such that the public health, safety and welfare will be protected and reasonable consideration is afforded to the compatibility of the proposed use(s) and/or structure(s) within the existing neighborhood; the number of employees or users of the property, the potential effect that the proposed use(s) and/or structure(s) will have upon property values; the adequacy of the proposed parking and traffic circulation for the use(s) and/or structure(s) and the potential for traffic congestion and/or the creation of undue traffic hazards; the structural location(s) and orientation(s); the need for such facility or use(s) to serve the area in which it is to be located; the adequacy of proposed drainage facilities which will serve the use(s) and/or structures; the adequacy of plans for screening any adverse aspects of the use(s) and/or structure(s) from adjoining properties; and the adequacy of proposed outdoor lighting.
C.
Compliance with the performance standards pursuant to this chapter.
D.
Compliance with the standards, principles and objectives of the master plan of the Township.
E.
Conditional uses shall adhere to the additional standards specified for the particular use under this chapter.
§ 410-121 Site plan approval required.
All conditional uses shall also be required to obtain site plan approval, except that no site plan approval shall be required for those uses specified in § 410-128.
§ 410-122 Burden of proof; time limit.
A.
The burden of proof shall be on the applicant with respect to any application for a conditional use.
B.
In granting a conditional use, a time limit of one year from the date of the approval shall be set, within which time the owner shall secure a building permit; otherwise, the approval granted shall be null and void.
§ 410-123 Standards for particular uses.
[Amended by Ord. No. 2000-33]
A.
Commercial uses in R-2 Districts. The following standards shall apply to such uses:
(1)
The maximum floor area of the commercial use shall be 3,500 square feet.
(2)
No more than two stores can be developed or occupied on any one lot.
(3)
Lot requirements are the same as for the C-1 District.
(4)
The use shall be confined to properties having frontage on Route 532, provided that no commercial use shall have access to a local street which serves residential properties.
(5)
Private garage space for the storage of motor vehicles shall be based on a maximum of one space per 5,000 square feet of lot area and a maximum of four spaces.
(7)
Signs shall be limited to those permitted in the R-1 District.
B.
Townhouses. The following requirements shall apply to townhouse developments in districts in which such uses may be permitted as conditional uses:
(1)
The maximum density of development shall be four units per gross acre.
(2)
All units shall be served by public sewer and water facilities.
(3)
No fewer than four dwelling units shall be allowed in any project.
(4)
The minimum lot size shall be 45,000 square feet.
(5)
The maximum length of any structure shall not exceed 150 feet.
(6)
Three-story designs and configurations may be allowed by the Planning Board, provided that maximum height shall not exceed 35 feet.
(7)
Minimum yard requirements shall be increased by one foot for each foot of building height over 35 feet.
(8)
For condominium-type developments, the ownership of common property may be conveyed by the developer to a homeowner's association as provided for under § 410-36.
(9)
Off-street parking shall be provided on the basis of at least two spaces for each dwelling unit.
C.
Gasoline filling stations. The following standards and requirements shall apply in those districts in which such uses including automotive service stations may be permitted as conditional uses:
(1)
The proposed use shall not be on a lot located at a corner of any dangerous street intersection; the lot lines of which are located not less than 1,000 feet from any school offering a course of general educational instruction, or a hospital, church or library; and the lot lines of which are not less than 2,000 feet from an existing gasoline filling station.
(2)
All filling pumps and structures shall be located at least 25 feet from any lot line.
(3)
All other regulations for the zone in which the use is to be located shall be complied with.
(4)
The proposed use shall in no way be detrimental to the health, safety and general welfare of the Township nor shall it result in a depression of any established property values in the general area.
(5)
The proposed use shall be effectively screened from adjoining properties by means of a wall, fence, or landscape buffer.
(6)
No external storage of more than three motor vehicles shall be permitted; and storage of all other items shall be indoors.
D.
Motels. The resort and recreational aspects of Ocean Township make it desirable to permit development of motels within certain areas of the Township. However, since such a development could be inimical to the safety and general welfare of the community if not properly located and designed with due consideration to surrounding properties, motels may be allowed only upon application to and approval by the Planning Board as a conditional use in the C-1 District. The following standards shall apply to all such applications:
(1)
Accessory uses may be permitted on the same lot as the motel and may include a swimming pool, motel office, eating facilities for the guests and permanent living quarters for one family;
(2)
Minimum lot area: two acres.
(3)
Minimum lot width and depth: 200 feet each.
(5)
Minimum off-street parking: one space for each rental unit;
(6)
One motel unit may be permitted for every 700 square feet of lot area;
(7)
The Planning Board may permit as many access roads onto any public road as it deems necessary, except that no access road shall exceed 24 feet in width at a certain point where it intersects with a public road;
(8)
Any motel unit or any swimming pool unit within 100 feet of an adjacent property, other than a street or navigable waterway, shall not face on that property, unless the unit is sufficiently buffered or concealed from the adjacent property;
(9)
Minimum number of units: 20;
(10)
Primary and secondary sewage treatment facilities shall be provided; and
(11)
Buffer strips of evergreen planting or screen fencing may be required to protect adjacent property from any detrimental effects which could be caused by off-street parking or any other activity.
E.
Quasi-public buildings and recreational facilities. Quasi-public buildings and recreation facilities, including club houses, swimming pools, tennis courts, and other such facilities operated by nonprofit membership organizations shall be subject to the following standards and requirements in those districts in which such uses may be permitted as conditional uses:
(1)
It is ascertained by the Planning Board that the proposed use is a bona fide nonprofit organization operated solely for the recreation and enjoyment of the members of such organization, and that the membership is limited to residents of Ocean Township, Ocean County, New Jersey.
(2)
It is ascertained by the Planning Board that the proposed use in the proposed location will not adversely affect the safe and comfortable enjoyment of property rights or otherwise adversely affect the value of adjacent properties; that the design of any structures erected in connection with such use are in keeping with the general character of the residential area; and that sufficient landscaping, including trees, shrubs, and lawn are provided to serve as a buffer between such use and adjoining residential properties, and to insure attractive appearance for the use.
(3)
The property proposed to be occupied by such use shall have a minimum lot area of five acres. Not more than 20% of the land area shall be occupied by buildings and structures.
(4)
No building, structure or active recreation facilities shall be located within 100 feet of an adjacent residential property line.
(5)
The maximum membership limit of such organization shall be fixed at the time of application and shall be commensurate to the amount of land to be used and exact nature of the use. No further expansion of the membership shall be made unless additional land is acquired and supplemental application is made to the Planning Board.
(6)
The membership rolls shall be fixed annually on July 1 and a complete and itemized list of members shall be filed with the Township Clerk in triplicate within 30 days of that date.
(7)
Off-street parking space shall be provided at a ratio of one space for each four memberships permitted under the terms of the exception.
(8)
A statement shall be provided setting forth the full particulars on the operation of the use and a complete list of the proposed charter membership, including names and resident addresses.
F.
Commercial recreation facilities. The following standards and requirements shall apply to facilities including theaters, bowling alleys, miniature golf courses, and swimming pools operated for profit where such uses may be permitted as conditional uses in particular districts:
(1)
In the case of activity which takes place entirely within an enclosed building, one parking space shall be provided for each 50 square feet of gross floor area. In the case of an open air activity, the area allocated for off-street parking shall be equal to three times the area actively devoted to the commercial recreation use.
(2)
Means of ingress and egress for the parking areas shall be limited to the minimum required to properly handle the volume of traffic anticipated to be attracted by the use. Wherever driveways are located on a state highway, acceleration and deceleration lanes shall be provided.
(3)
Whenever the property abuts or is across the street from a residential zone, a buffer area shall be established.
(4)
The proposed use shall in no way be detrimental to the health, safety or general welfare of the Township nor shall it result in a depression of any established property values in the general area.
G.
Major utility installations. The following requirements shall apply to major utility installations in districts in which such may be permitted as conditional uses:
(1)
Proof is furnished to the municipal board that the proposed installation in a specific location is necessary and convenient for the efficiency of the public utility system or the satisfactory and convenient provision of service by the utility to the neighborhood or area in which the particular use is to be located.
(2)
The design of any building utilized in connection with such facility conforms to the general character of the residential area and shall in no way adversely affect the safe and comfortable enjoyment of property rights in the area and zone in which it is located.
(3)
Adequate and attractive fences and other safety devices shall be provided and sufficient landscaping including shrubs, trees and lawns shall be provided and periodically maintained.
(4)
High-voltage transmission lines and other utilities shall be placed underground wherever feasible.
H.
Hospitals, philanthropic or eleemosynary uses. The following standards shall apply in those districts in which such uses may be permitted as conditional uses:
(2)
The height of structures to be constructed may exceed the maximum height requirements of this chapter, provided that the front, rear and side yard requirements set forth in this section shall be increased by one foot for each foot by which the height of the structure exceeds the maximum height which would be otherwise permitted by this chapter, and further provided that in no case shall any proposed structure exceed 50 feet in height.
(4)
The proposed use will in no way be detrimental to the surrounding property values and that the structure or use proposed will serve a useful purpose in the Township and otherwise promote the general welfare of its residents.
I.
Affordable housing. The construction of housing units described as affordable housing as defined in the Fair Housing Act, N.J.S.A. 52:27D-301 et seq., shall be permitted in Block 39 under the special conditions described below:
(1) AFFORDABLE COUNCIL ON AFFORDABLE HOUSING (COAH) DEVELOPER'S HOUSING PLAN DCA GENERAL DEVELOPMENT PLAN LOW-INCOME HOUSING OPEN SPACE
Definitions: For the purposes of this section, the following definitions, in addition to those found elsewhere in this chapter, shall apply:
A sales price or rent within the means of a purchaser who is classified as low or moderate income pursuant to the applicable council on affordable housing regulation.
The state agency created pursuant to the Fair Housing Act, N.J.S.A. 52:27D-302 et seq., and charged with the primary jurisdiction over the affordable housing matters in the state.
A plan submitted by the developer and approved by the Land Use Board which shall identify the manner in which the developer plans to develop, price, market and restrict the sale of housing units to low and moderate income qualified buyers in accordance with the provisions of this subsection.
The New Jersey Department of Community Affairs.
A plan prepared in conformance with N.J.S.A. 40:55D-45 and used to implement the developers affordable housing plan.
Housing affordable according to COAH standards for home ownership and rental costs and occupied or reserved for occupancy by households with a gross income equal to 50% or less of the median gross household income for households of the same size within the housing region in which the house is located and subject to affordability controls.
Any parcel or area of water and/or land essentially unimproved and set aside, dedicated, designated or reserved for public use and the enjoyment of owners and occupants of land adjoining or neighboring such open space.
(2)
Special provisions.
(a)
Seventy-five percent of affordable units must be single-family detached dwelling units of which 25% must be affordable housing for seniors.
(b)
No individual on-site wells or sewage disposal systems shall be permitted. All development shall be connected to an approved and functioning central water and sanitary sewage collection and treatment system.
(c)
Streets may be public or private.
(d)
A homeowners' association or other similar organization shall be established for the ownership and maintenance of any and all private roads, open spaces, recreational improvements and other common areas or buildings for the benefit of owners or residents.
(e)
Any application which seeks to receive a density bonus to permit six dwelling units per acre must be prepared as a general development plan (GDP) per N.J.S.A. 40:55D-45. This agreement shall include the methods proposed by the developer to meet the requirements of and certifying to the affordability of the dwelling units proposed. The plan must be in conformance with the rules and regulations for such controls as established by COAH.
(f)
The GDP must include the method of administration of the affordable housing plan and include various guarantees and assurances as required by the COAH regulations and agreed to in the agreement.
(g)
All residential developments shall be subject to the provisions of the most current residential site improvement standards.
(h)
The applicant will be required to file a preliminary major subdivision plan based upon the plan presented in the GDP. A signed (executed) GDP shall be considered a completeness requirement for the preliminary major subdivision.
(i)
A minimum of 10 contiguous acres is required to be eligible for the affordable housing density bonus.
(3)
Area and bulk requirements. The following area and bulk requirements shall apply for the affordable housing conditional use development in Block 39:
(4)
Cluster provision. The development may utilize a cluster design based upon an overall density of a six dwelling units per acre and a minimum lot size of 6,000 square feet. The additional acreage shall be contiguous and identified as open space.
J.
Limited-scale commercial and office development. Limited-scale commercial and office development shall be permitted in the Bayfront Conservation BC District, subject to the following standards and conditions:
[Added 2-14-2013 by Ord. No. 2013-3]
(1)
The lot(s) on which a conditional use is proposed must have a minimum lot frontage along an improved roadway of 500 feet, with at least 25% thereof fronting on N.J. Route 9.
(2)
The minimum tract area shall be 30 acres.
(3)
The total gross floor area of all buildings shall be no greater than 15,000 square feet.
(4)
Impervious coverage shall be limited to 3% of the total tract area.
(5)
A minimum of 90% of the total area of the tract shall remain undisturbed and shall be deed-restricted or otherwise reserved through easement, dedication or other legal mechanism for open space purposes. In evaluating the appropriateness of the location and configuration of the proposed undisturbed open space area on the site, the board shall consider the proximity or adjacency of existing preserved open space lands with the intent of creating and maximizing large contiguous tracts of undisturbed open space within the Township.
(6)
A letter of interpretation (LOI) from the New Jersey Department of Environmental Protection (NJDEP) indicating the presence or absence of wetlands shall be required and submitted to the board as a condition precedent to any conditional use approval.
(8)
A maximum of 49 parking spaces are permitted. Any additional parking as may be required by Article VI may be designated as banked parking and preserved as pervious open space until additional parking is deemed to be necessary by the Zoning Officer. Banked parking shall be subject to the following requirements:
(a)
The area proposed for banked parking must be suitable for constructing future parking and associated drives in accordance with the standards contained in Article VI of this chapter.
(b)
The area proposed for banked parking must be landscaped in accordance with the applicable landscaping and buffer requirements contained in this chapter or must remain undisturbed until construction of additional spaces is required.
(c)
The banked parking area may not be developed or used for any other purpose.
(d)
Any plans submitted by the applicant during the site plan review process must clearly delineate and label any areas proposed to be used for banked parking.
(e)
The construction of banked parking shall be required at the discretion of the Township Zoning Officer if it is determined that on-site parking is not adequate to meet the parking demands of the uses within the limited-scale commercial and office development.
K.
Vehicle body repair services. The following standards shall apply:
[Added 4-14-2016 by Ord. No. 2016-3]
(1)
No outdoor oil drainage pits or hydraulic lifts shall be permitted.
(2)
All repairs shall be performed in a fully enclosed building.
(3)
All vehicles awaiting repair or under repair which are stored out of doors shall be screened from the public by a solid fence and/or evergreen plantings, as required by the Planning Board.
(4)
No vehicle awaiting repair or under repair may be stored out-of-doors within the required front yard area, within 20 feet of any side or rear lot line or within 50 feet of any adjoining lot within a residential zone.
(5)
The storage of junk or dilapidated vehicles on the site shall not be permitted.
L.
Convenience stores.
(1)
The following standards shall apply in those districts in which such use may be permitted as conditional uses:
[Added 4-14-2016 by Ord. No. 2016-3]
(a)
They contain not more than 5,000 square feet of gross floor area;
(b)
One additional parking space is provided for each 100 square feet of floor area devoted to the convenience shop; and
(c)
The location and access for the convenience shop does not impede or interfere with vehicular circulation to and from fuel pumps.
(2)
All fuel pump islands shall be located at least 35 feet from all property lines.
(3)
All fuel tanks shall be installed underground.
(4)
No outdoor oil drainage pits or hydraulic lifts shall be permitted.
(5)
Any repair of motor vehicles shall be performed in a fully enclosed building. No parts or partially dismantled motor vehicle shall be stored out-of-doors.
(6)
Coin-operated service stations are not permitted.
(7)
No auto bodywork shall be permitted.
(8)
Illumination shall be such that no direct glare from the lights shall fall upon adjoining streets or properties.
(9)
The sale, rental or lease of new or used vehicles shall be prohibited.
M.
Churches and places of worship. The following standards shall apply in those districts in which such use may be permitted as conditional uses:
[Added 4-14-2016 by Ord. No. 2016-3]
(1)
The required minimum lot area shall be one acre.
(2)
The required minimum lot width shall be 150 feet.
(3)
The required minimum lot frontage shall be 150 feet.
(4)
No principal building shall be located closer than 100 feet to any public street right-of-way and no closer than 50 feet to any rear or side property line.
(5)
No accessory building or structure shall be permitted in any front yard, nor shall any accessory building or structure be located closer than 30 feet to any rear or side property line.
(6)
The maximum permitted building coverage shall be 25%.
(7)
The height of structures to be constructed may exceed the maximum height requirements of the C-2 Zoning District; provided, however, that the front, rear and side yard requirements set forth above shall be increased by two feet for each foot by which the height of the structure exceeds the maximum height which would be otherwise permitted by this chapter, and further provided that in no case shall any proposed structure exceed 50 feet in height.
(8)
The applicant shall submit a list of proposed activities and anticipated participants, a timetable reflecting the hours in which each building will be used and any other pertinent uses and activities intended to take place on the site.
(9)
Lots shall not have their primary frontage or access on a residential access or residential neighborhood street or any lower order street, as defined by the Residential Site Improvement Standards.
(10)
Buffer requirements.
(a)
Perimeter buffer. A landscaped buffer shall be required around the entire length of side and rear property lines, except where access drives or other accessory features must, of necessity, traverse this reserved strip. The minimum landscape buffer widths shall be as follows:
(b)
A required buffer shall be landscaped with trees, shrubs, and other suitable plantings for beautification and screening. Natural vegetation should be retained to the maximum degree possible. On those sites where no existing vegetation is present or existing vegetation is inadequate to provide screening, the applicant shall suitably grade and plant the required buffer area, such that this planting shall provide an adequate screen of at least six feet in height so as to continually restrict the view. A minimum on-center distance between plantings shall be such that upon maturity the buffer will create a solid screen. The buffer may be supplemented with a fence of solid material where necessary.
(c)
Other site standards. The front yard, exclusive of walkways, pavilion areas, or driveways, shall be landscaped with grass, trees, shrubs, ground cover, flowers, existing vegetation, or any suitable combination thereof. Plantings shall conform, however, to restrictions on corner lot placement, in order to protect visibility.
§ 410-124 Time required for Planning Board action.
The time within which the Planning Board shall be required to act on a complete application for conditional use approval shall be as set forth under Article XVII of this chapter.