Point Pleasant Beach
City Zoning Code
City Zoning Code
§ 19-12.3
Conditional Uses.
[Ord. #1979-2, § 600; Ord. #1980-6; Ord. #1984-1, §§ 3, 4; Ord. #1987-5, § 1; Ord. #1990-8, §§ 1—3; Ord. #1993-26, § 21; Ord. #2001-26; Ord. #2002-16, § 1; Ord. #2002-24, § 1; Ord. #2010-43, § 5; Ord. No. 2016-22]
a.
Application Procedure. Before a construction permit or certificate of occupancy shall be issued for a conditional use as permitted by this chapter under P.L. 1975, C. 291, application shall be made to the Planning Board. The developer shall follow the procedures and guidelines prescribed in § 19-14, Development Application Review Procedures.
The Planning Board shall approve or deny conditional uses simultaneously with site plan or subdivision review. The board shall follow the procedures outlined for review, § 19-14.
The 95 day time period for action by the Planning Board on conditional uses shall apply to each site plan review. Public notice and a hearing shall be required as stipulated in the Municipal Land Use Law. (N.J.S.A. 40:55D-12)
In all requests for approval of conditional uses, the burden of proof shall be on the applicant. The board shall give due consideration to all reasonable elements which could affect the public health, welfare, safety, comfort and convenience such as, but not limited to, the proposed use(s), the character of the area, vehicular travel patterns and access, pedestrian ways, landscaping, lighting, signs, drainage, sewage treatment, potable water supply, utilities and building and structure location(s) and orientations(s). Conditional uses must meet the requirements listed below in addition to those outlined elsewhere.
b.
Special Requirements for Hotels and Motels.
1.
Any hotel or motel that may be constructed on a lot or parcel of land must contain a minimum of at least ten units of accommodation, exclusive of a permanent, on-site superintendent's living quarters. The minimum number of units of accommodation in any single building shall be five.
2.
Each unit of accommodation shall contain a minimum floor area of 240 square feet. Ceilings shall be a minimum of seven and one-half feet in height.
3.
Each unit of accommodation shall include a minimum of two rooms, a bedroom and a separate bathroom which affords privacy to a person within the room and which is equipped with a "toilet," a "wash basin" and a "bathtub" or "shower," all properly connected to a water and sewer. Not more than one of the units of accommodation, previously referenced as the superintendent's living quarters, may contain kitchen facilities.
4.
The first floor areas of hotels and motels may be used for offices and neighborhood commercial uses limited to such kinds of offices as the professional offices of physicians, dentists, attorneys, engineers, architects, planners, real estate brokers, insurance offices and branch banks and store, delicatessen, coffee shop and restaurant.
5.
Each motel or hotel shall provide parking at a ratio of one and one half parking space per unit of accommodation. Parking shall be provided for commercial uses at the ratio prescribed in Subsection 19-11.7.
6.
Area and yard requirements for hotels and motels.
Principal Building
Minimum
Lot area: 30,000 square feet
Lot frontage: 150 feet
Lot width: 150 feet
Lot depth (Ord. No. 2016-22): 125 feet
Side yard (each): 15 feet
Front yard (Ord. No. 2016-22): 25
Rear yard (Ord. No. 2016-22): 30 feet
Accessory Building
Minimum
Distance to side line: 10 feet
Distance to rear line: 10 feet
Distance to other building: 10 feet
Maximum
Building coverage of principal and accessory building: 30%
a. | The front yard shall be determined on the basis of the average front yard depth within the block (or adjacent block if there are no existing buildings in the block) |
7.
The buffer zone between the rear setback of a hotel or motel and a residential property should be a minimum of ten feet.
c.
Gasoline service stations and repair garages.
[Amended 6-1-2021 by Ord. No. 2021-21]
1.
Area and yard requirements.
(a)
Gasoline service stations and repair garages.
Principal and Accessory
Building Minimum
Lot area: 1 acre
Lot frontage: 200 feet
Lot width: 200 feet
Side yard (each): 25 feet
Front yard: 50 feet
Rear yard: 15 feet unless abutting a residential zone, 50 feet
Maximum building coverage: 30%
2.
General requirements.
(a)
No auto service station, repair garage, parking garage or parking lot for five or more vehicles shall have an entrance or exit for vehicles within 200 feet along the same side of a street of any school, public playground, church, hospital, public building or institution, except where such property is in another block or on another street which the lot in question does not abut.
(b)
No auto service station shall be permitted where any on draining pit or visible appliance for any purpose (other than filing pumps) is located within 15 feet of any street fine or within 25 feet of any residential district, except where such appliance or pit is within a building.
(c)
No junk motor vehicle or part thereof, or motor vehicles incapable of normal operation upon the highway, shall be permitted on premises of any service station. It shall be deemed prima facie evidence of violation of this chapter if more than three motor vehicles incapable of operation are located at any one time upon any premises not within a closed or roofed building excepting, however, a number not exceeding three motor vehicles may be located upon any service station premises outside of a closed or roofed building for a period not to exceed 15 days and providing that the owner of the motor vehicles are awaiting their repair or disposition and the vehicles stored have a current registration.
(d)
In any repair garage, areas used for outside storage of materials or vehicles shall be screened to be obscured from view from all adjacent properties.
(e)
In any parking lot, service station or repair garage, no parking shall take place within five feet of any property line.
3.
Signs.
(a)
Auto service stations and repair garages shall be permitted the following signs:
(1)
One free-standing sign advertising the name of the station or garage and the principle products sold on the premises, including any special company or brand name, insignia or emblem, provided that each such sign shall not exceed 35 square feet in area on a side and shall be set back ten feet from street lines and 15 feet from side lot lines and provided further that the sign shall not be less than ten, nor more than 20 feet above the ground, which shall be measured from street grade at the curb line.
(2)
One temporary sign located inside the property line and specifically advertising special seasonal servicing of automobiles, providing that said sign does not exceed seven square feet in area.
(3)
Directional signs or lettering displayed over individual entrance doors or bays and consisting only of the words "washing," "lubrication," "repairs," "mechanic on duty" or other words closely similar in import, provided that there shall not be more than one such sign over each entrance or bay.
(4)
Customary lettering or other insignia which the brand name of a gasoline sold, lead warning sign, a price indicator and any other sign required by law.
(b)
Parking lots and parking garages shall be permitted one free-standing sign not exceeding ten feet in height and 20 square feet in area. Such free-standing signs shall be set back ten feet from all property lines.
d.
Public Utility Uses.
1.
For purposes of this chapter, the term "public utility uses" shall include such uses as telephone dial equipment centers, power substations and other public utility services, but shall not include service or storage yards or similar uses.
2.
The proposed installation in a specific location must be reasonably necessary for the satisfactory provisions of service by the utility to the neighborhood or area in which the particular use is to be located.
3.
The designing of any building in connection with such facilities must conform to the general character of the area and not adversely affect the safe, comfortable enjoyment of property rights in the zone in which it is located.
4.
Adequate fences and other safety devices must be provided as may be required. Fences, when used to enclose public utility facilities such as electrical power substations, shall be built in accordance with the applicable requirements of the New Jersey Board of Public Utility Commissioners and the New Jersey State Uniform Construction Code.
5.
Sufficient landscaping, including shrubs, trees and lawn, shall be provided and be periodically maintained.
6.
Adequate off-street parking shall be provided.
7.
All of the area, yard, building coverage and height requirements of the respective zone must be met.
e.
Boardwalk Amusement Buildings, Devices, Rides and Structures.
Boardwalk amusement buildings, devices, rides and structures may be permitted as a conditional use in those zones specified provided that the use and/or structures shall adhere to the standards of the particular zone and the following:
1.
Any amusement structure, related device or activity shall be located on a lot which directly abuts the boardwalk and has direct pedestrian access only to the boardwalk;
2.
No activity, ride, attraction, promotional activity or structure shall be permitted in any required setback area or in the case of an existing building or structure adjoining the boardwalk right-of-way. This requirement shall not apply to facilities (e.g., benches) intended for the use of the general public but rather to activities and facilities intended to benefit, promote or facilitate individual property owner business;
3.
Amusement buildings, devices, rides and structures shall be confined to areas presently utilized for such use and no new or replacement amusement building device, ride or structure shall result in the reduction of existing off-street parking;
4.
No amusement buildings, structure, device or ride shall exceed thirty-five feet in height;
5.
For purposes of this section, the following definitions are adopted:
(a)
Ride shall mean a mechanical amusement device that requires an operator.
(c)
Teen/adult ride shall mean a ride which is neither a child/family ride, as defined above, nor a ride as defined in paragraph 6.
(d)
Replacement ride shall mean a ride which replaces a currently existing ride.
(e)
New ride shall mean a ride which is proposed to be installed in addition to currently existing rides.
7.
Except as provided in paragraph 8, all new or replacement amusement devices or rides shall require a conditional use permit and site plan approval. The dismantling (and subsequent reassembly) of any amusement device or ride for seasonal storage or repair shall not require a conditional use permit or site plan approval.
8.
Notwithstanding paragraph 7, replacement rides shall be permitted without the issuance of a conditional use permit or site plan approval provided the replacement is in accordance with the following:
(a)
The number of "teen/adult rides" shall not exceed 12.
(b)
The number of "child/family rides" shall not be less than 16.
(c)
The total ride area of all rides cumulatively contained on any given lot within the amusement area shall not exceed 110 percent of the total ride area cumulatively that exists on the date of adoption of this paragraph. The area of a ride is defined as the area within the safety barrier surrounding the ride or the surface area that the ride covers if no such safety barrier exists. Determination of areas for all rides shall be as determined by the Borough's zoning official.
f.
Bed-and-Breakfast Inns. Bed-and-breakfasts shall be permitted as a conditional use in those zones specified provided that the use and/or structures adhere to the minimum bulk standards of the particular zone and to the following:
1.
Bed-and-breakfast inns shall be residential in appearance.
2.
Bed-and-breakfast inns may serve a morning or afternoon meal to registered guests. A morning or afternoon meal may be provided to individuals who are not guests but no fee may be charged to the individual for such a meal. No other meal except those listed above may be served.
3.
No cooking facility shall be allowed in guest rooms.
4.
No bed-and-breakfast inn shall operate as a rooming or boarding house as defined by N.J.S.A. 55:138-3. Guest occupancy shall be limited to 30 successive days or not more than 30 days in any period of 60 successive days.
5.
Bed-and-breakfast inns shall be managed and occupied by the owner of the inn and owner shall reside in the premises during the season of operation.
6.
Two off-street parking spaces shall be required for each owner living unit plus one parking space for each guest room. Off-street parking spaces shall be located in the side and/or rear yard. All parking areas and driveways shall be set back at least five feet from side property lines and at least ten feet from the rear property line. The yard areas adjacent to parking spaces and driveways shall be landscaped to provide natural year-round screening from adjacent properties.
7.
No more than six guest rooms or less than two guest rooms (with sleeping accommodations for no more than 12 persons) shall be permitted.
8.
Bed-and-breakfast inns shall be subject to State law as defined, regarding the Uniform Construction Code Act, Uniform Fire Safety Act, and shall be registered with the Bureau of Housing Inspection I the Division of Housing and Development in the Department of Community Affairs and shall comply with all local ordinances concerning housing and with all of the requirements of the zoning district in which it is located.
9.
The structures shall comply with Subsection 19-12.3f and other standards for the zoning district in which the bed-and-breakfast inn is located unless otherwise superseded by the subsection.
10.
Signs shall be permitted in accordance with Subsection 19-11.10b1(b).