Somers Point City Zoning Code
ARTICLE XX
Regulations Applicable to All Districts
§ 114-118 Purpose.
In order to protect the general health, safety and welfare of Somers Point residents and in recognition of the high density of development of the city, the following regulations shall apply.
§ 114-119 Prohibited uses.
A.
The following uses shall be prohibited in all districts:
(1)
Automotive salvage yards: outdoor storage of wrecked automobiles or parts thereof for more than 60 days.
(2)
Mobile homes, recreational vehicles and similar uses.
[Amended 3-13-1997 by Ord. No. 3-1997]
(a)
Mobile homes and occupied vehicles.
(b)
Trailers, travel trailers, recreational vehicles, boats, personal watercraft and trailers and similar uses except as follows: those parked or stored at private residences and owned by an occupant thereof may be parked or stored in side or rear yards, on either blocks or trailers, no closer than three feet from any property line. A vehicle, boat or personal watercraft measuring, in the aggregate, no more than 26 feet in length or boat/craft and trailer (totaling no more than 30 feet) may be parked/stored on a concrete or stoned driveway in front of the owner's residence, provided that it shall not be closer than three feet from any property line; boats/personal watercraft shall be parked/stored with the bow closest to any public right-of-way; and all motors shall be maintained in down position. None of the trailers, boats, vehicles or other uses referred to in this subsection shall be connected to any electrical service or other utility, or occupied in any fashion, while so parked or stored. No such use shall be parked or stored in common parking areas of apartments or townhouses.
(3)
Sanitary landfills or other similar waste disposal areas.
(4)
The use of any mobile home, travel trailer, tractor trailer or similar mobile unit for the sale of goods therefrom while parked for any period of time adjacent to any building. The use of any mobile home, trailer, tractor trailer, travel trailer or similar mobile unit for storage purposes for a period in excess of one week while parked adjacent to any building.
(5)
Mobile, temporary or permanent signs of any kind not specified within district regulations.
(6)
Any temporary or permanent obstructions at intersections.
(7)
Any use which includes the storage of gasoline or other petroleum products not permitted in any other section of this chapter.
(8)
Any use which includes the manufacturing of acid, cement, lime, gypsum or plaster of paris.
(9)
Any use which includes the manufacture or storage of explosives, fat, fertilizer, gas, glue, PCB, asbestos, vinyl chloride or the reduction of garbage, offal or dead animals.
(10)
Any use which involves the smelting of tin, copper, zinc or iron ores.
(11)
Any uses which, by reason of emission of odor, dust, gas, smoke or noise, are detrimental to the health, safety or general welfare of the community.
(12)
Any use which creates vibration or glare that goes beyond property lines.
(13)
Storage of combustible materials for other than on-site use and/or refining of combustible materials.
(14)
Campgrounds or campsites.
(15)
It shall be unlawful for any person, firm or corporation to within the corporate limits of the City of Somers Point keep, stable, breed or quarter livestock or fowl, as defined in § 120-40 of the Somers Point Municipal Code. This prohibition shall not apply to the keeping of cats, dogs or other domestic animals within the limits of the City as permitted Chapter 120 of the Somers Point Municipal Code.
[Added 9-26-2013 by Ord. No. 19-2013]
(16)
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, or the sale of paraphernalia associated with the use of recreational cannabis.
[Added 12-13-2018 by Ord. No. 17-2018; amended 7-22-2021 by Ord. No. 8-2021]
[1]
Editor's Note: See N.J.S.A. 24:6I-33.
§ 114-120 Permitted uses.
[Added 6-24-1982 by Ord. No. 6-1982; amended 12-8-1983 by Ord. No. 19-1983]
The following uses shall be permitted in all districts:
A.
Noncommercial signs. Noncommercial signs as defined by this subsection shall include political signs or signs expressing an opinion on a noncommercial issue. Said signs shall be subject to the following regulations:
[Amended 8-27-2009 by Ord. No. 16-2009]
(1)
Noncommercial signs shall have no moving parts or flashing effect, or otherwise be illuminated.
(2)
Noncommercial signs attached to buildings may not be located or project above the roofline for more than six inches beyond the front wall of any structure.
(3)
Placing of the sign shall not cause obstruction at intersections.
(4)
Noncommercial signs covered under this section shall not be permitted in the public right-of-way, on public property, on any road right-of-way, road easement, access easement, or municipal roadway.
(5)
No fee shall be charged to place a sign on property.
B.
Temporary construction and storage trailers and one sign, not exceeding 50 square feet, advertising the prime contractor, subcontractor, architect, financing institution and similar data for the period of construction, beginning with the issuance of a building permit and concluding with the issuance of an occupancy permit, or a period of one year, whichever is less, provided that said trailer and sign are on the site where the construction is taking place. Said trailer shall be removed 30 days prior to issuance of the final CO (certificate of occupancy).
[Added 7-9-1992 by Ord. No. 20-1992]
C.
Standards for outdoor dining as a permitted accessory use.
(1)
Purpose.
(a)
The purpose of this subsection is to establish standards for the permitted accessory use of outdoor restaurant dining for the enjoyment of restaurant patrons without disturbing the immediate neighborhood or pedestrian or vehicular traffic. It is intended to permit the tasteful, aesthetic use of tables and chairs on the restaurant property. It is the intention of the City of Somers Point to continue to monitor and review the use of these facilities after the adoption and amendments of this subsection, and to determine its full impact upon the City and the enjoyment of its citizens.
(b)
From and after the effective date of this subsection, whenever an application to either implement outdoor dining as an accessory use, or to add, alter, change, expand, increase or otherwise modify an outdoor dining area or arrangement, is filed on behalf of the owner of a restaurant within any zoning district, the owner shall have the obligation to submit an application with the Zoning Official of the City, who shall have the authority to review and act upon the application, which shall be subject to the following conditions, limitations and restrictions.
(2)
Application requirements; Zoning Official review.
(a)
Any restaurant applying for outdoor dining shall complete an application which shall also contain the following information:
[1]
Details of the trade, corporate, business or fictitious name upon which the applicant does business as a restaurant, including the address and phone number of the person responsible for the application.
[2]
The general layout of tables and chairs, and the low barrier dividing the outdoor seating area from any street, sidewalk, parking area, or public right-of-way, and showing dimensions of tables, chairs and overall area, as related to building facade, sidewalk, exit doors, parking area, streets and public rights-of-way; and which shall include a sketch containing a scale drawing clearly illustrating the location and number of proposed tables, chairs, planters, awnings, or other fixtures proposed to be located in the outdoor dining area. The outdoor dining area shall not exceed 20% of the square footage of the restaurant's indoor seating area. The scale drawing shall also indicate the location of any doors leading from the food establishment to the outdoor dining area. No such door may be obstructed in any manner. The dimension and location of the unobstructed space permitting passage of pedestrian traffic around or through the outdoor dining area and the location of all fire hydrants, bus stop signs, utility poles, mailboxes or other fixtures permanently located on the sidewalk or other area within 50 feet of the outdoor dining area shall also be shown.
[3]
A detailed narrative and plan of relevant information, describing the method of service, proposed hours of service outdoors, method of litter control and trash handling for outdoor service, procedures to be implemented to protect the indoor and outdoor dining areas, keeping them free of rodents, birds, seagulls and other threats to human health and cleanliness, and proposed plan for storage of chairs and tables during the off season, during declaration of emergencies and when the restaurant is closed.
[4]
Photographs or diagrams of tables, chairs, etc., to be utilized, showing style, design, materials, size and colors.
[5]
The type and location of any proposed outdoor lighting and fixtures, which should include the following information: mounting height, lamp type and lumens. No lighting provided specifically for outdoor dining shall spill onto adjacent residential properties. Any open flame-type fixture or outdoor heating apparatus shall only be permitted with the approval of the Fire Official, Zoning Official and Code Enforcement Officer.
[6]
A statement of the seating capacity of the existing food establishment and the proposed seating capacity of the outdoor dining area. The seating layout and number of seats for the outdoor dining area shall comply with the requirements of the most recent International Building Code, New Jersey Edition, or any subsequent building code adopted by the State of New Jersey, based on the review and approval of the City's Construction Official.
[7]
A statement indicating the number of parking spaces serving the existing restaurant. The total parking spaces for both the indoor restaurant and the outdoor dining areas shall comply with the current ordinance on parking requirements.
[8]
Verification that outdoor dining will be limited to sit-down food and beverage service with orders to be taken only at tables and served at the tables by the restaurant's food and beverage servers.
(b)
In processing applications, the Zoning Official shall, as deemed necessary, with the Code Enforcement Official, the Construction Official, the City Engineer, Police and Fire Departments, Emergency Rescue, and the Emergency Management Coordinator, and such other departments as deemed necessary or desirable, and shall use the following parameters as criteria for decisionmaking:
[1]
Pedestrian safety.
[2]
Vehicular safety.
[3]
Public safety.
[4]
Design, material, color, layout aesthetics and architectural conformity.
[5]
Acceptability of the management plan for cleanup, litter control and trash handling.
[6]
Impact on existing landscaping.
[7]
Any potential interference with police, emergency or fire safety access.
[8]
Overall impact on the peace and quiet enjoyment of surrounding properties.
[9]
Inspection by and approval of the Atlantic County Board of Health.
(c)
Acceptance of the approval by the applicant shall constitute consent to allow the Fire, Police and Building Department Officials of the City and the Health Inspection Department of the County of Atlantic to inspect the outdoor dining area for continued compliance with the terms, conditions and regulations of this section.
(3)
Conditions of outdoor restaurant dining. Upon the issuance of an approval pursuant to this section, outdoor tables and chairs shall be permitted outside the interior of the restaurant, provided that the following rules, regulations and specifications are met:
(a)
The applicant shall be solely responsible to utilize tables and chairs which shall be sturdy and of sufficient strength to be used for the purpose intended.
(b)
The layout of tables and chairs shall not in any way interfere with pedestrian or vehicular safety or with necessary access for firefighting equipment and ambulances or personnel.
(c)
No tables or chairs shall be placed on any public right-of-way or any pedestrian or vehicular path within the property or within any other right-of-way.
(d)
The highest standards of cleanliness of the outdoor area shall be maintained at all times, including frequent litter removal, within and around and beyond the subject restaurant property.
[1]
The owner shall be responsible for keeping the area of outdoor dining and the adjacent walks, streets, and rights-of-way free and clear of any debris or litter occasioned by the outdoor dining. Areas must be cleaned as needed and at the time that business is closed for the evening.
[2]
All equipment used in connection with the operation of outdoor dining shall be of sufficient size and weight to avoid being blown about by the wind. No food items shall be served upon paper or styrofoam or with plastic utensils.
(e)
The hours for outdoor service shall be between 11:00 a.m. and 10:00 p.m. All outdoor food and beverage service shall stop at 10:00 p.m., and the outdoor dining area shall be cleared of all customers and patrons no later than 11:00 p.m. The owner shall notify all patrons of this requirement and shall close the outdoor dining area at that time. The owner shall post a notice informing patrons, which shall be posted within the inside dining area where it can be clearly seen by patrons or it may be stated upon the menu.
(f)
Noise shall be kept at such a level as to comply with all provisions of the City ordinances and applicable statutes and regulations relating to noise.
(g)
The owner/operator/manager shall not permit any outdoor music, live entertainment, musical instruments, public-address system, loudspeakers, radio, sound amplifier, bell, chime, whistle, or any other similar device type of exterior sound systems past 10:00 p.m. All noise from both the indoor restaurant and the outdoor dining area shall comply with all noise, sound and vibration ordinances, and/or statutes.
(h)
No vending machines of any kind are permitted within the outdoor dining area.
(i)
Lighting servicing the outdoor dining shall comply with the Land Use Ordinance and shall be as necessary to ensure the safety of the public and patrons of the establishment. No lighting provided specifically for outdoor dining shall spill onto adjacent residential properties.
(j)
Barriers not to exceed four feet in height shall be placed at the outside perimeter of the seating area adjacent to any public right-of-way or areas designated for parking, to ensure there is no interference with public safety or pedestrian movement patterns. The proposed barriers will be reviewed by and subject to approval for compliance with size, location, material and adequacy of buffer between the dining area and any such street, sidewalk, parking area or public right-of-way.
(k)
No food or drinks served or consumed at locations approved for outdoor dining shall be prepared or stored other than in the interior of the eating establishment.
(l)
Outdoor dining will be limited to sit-down food and beverage service with orders to be taken only at tables and served at the tables by the restaurant's food and beverage servers.
(m)
The outdoor dining operation shall be operated and maintained by the same person who operates and maintains the related restaurant establishment of which the outdoor dining is a part and extension thereof.
(n)
Alcoholic beverage service and consumption shall be permitted only with food service to the customers. That is, no service of alcohol only. Free snacks routinely found on bars, such as pretzels, chips and nuts, shall not constitute food service.
(o)
All necessary amendments to liquor license applications with regard to the description of the area of the licensed premises shall be made and approval for such obtained prior to the service of alcohol in the outdoor dining area which is a part of the premises for which a liquor license has been previously issued. Approval of outdoor restaurant dining does not constitute an agreement by or an obligation upon the City of Somers Point to approve any extension of premises license.
(p)
There shall be no additional signage on the premises or on the furnishings and equipment utilized as part of the outdoor dining operation.
(q)
The owner shall provide sufficient on-site parking for the legally approved indoor and outdoor seating. In the event the restaurant property does not have sufficient parking spaces and obtained approval subject to a bulk variance or as a preexisting, nonconforming use, the outdoor seating shall not be approved without an application for a separate variance.
(r)
All restaurants utilizing the provisions of this section to provide outdoor seating for their patrons shall be responsible for the behavior of their patrons participating in the outdoor seating to ensure that all City noise and other land use and zoning ordinances and regulations are enforced and that good order is maintained.
(s)
The owner shall be responsible to protect the indoor and outdoor dining areas, keeping them free of rodents, birds, seagulls and other threats to human health and cleanliness. A plan shall be included with the application.
(t)
The outdoor dining area shall be closed and all furniture, fixtures and utensils shall be removed from the outdoor dining area and stored indoors upon a directive from the Emergency Management Coordinator, the Chief of Police, or the Fire Chief in the event of an emergency declaration.
(u)
The applicant shall be solely responsible to obtain all requisite approvals from the Atlantic County Board of Health, which shall be a condition for use of the outdoor dining area.
(v)
The owner shall be responsible to enforce the smoking laws and regulations of the state and all local ordinances and regulations.
(w)
Revocation or suspension.
[1]
Without limiting the absolute right of the City to revoke or suspend outdoor dining on the restaurant premises, outdoor dining shall be suspended and all outdoor seats and tables shall be removed within 24 hours of receipt of a notice to cease and desist issued by either the City and served upon the owner personally or by certified mail, return receipt requested, or its equivalent, if:
[a]
The City of Somers Point has received three written complaints, containing the name, address, date and signature of the complainant, which, upon investigation, prove to be well founded; or
[b]
There is noncompliance by the owner with or violation of any ordinance contained in the Code of the City of Somers Point committed by the owner, his agents, servants or employees.
[2]
In addition to the powers of revocation or suspension as set forth above, the City reserves the right to modify, suspend or revoke any approval of outdoor restaurant dining on 10 days' written notice if the City determines that pedestrian traffic is impeded or made unsafe because of the outdoor dining or because of any other safety issue or noise complaints which the City determines adversely affect the residents of the City as a result of such operation.
(4)
Violations and penalties. Any person/entity convicted of a violation of any of the provisions of this subsection shall be subject to a fine not to exceed $1,000 and/or shall forfeit its right to operate an outdoor dining area. Each violation of a provision of this subsection, and each day that a violation continues, shall constitute a separate offense.
(5)
Enforcement. The terms of these regulations shall be enforced by the Zoning Official, the Construction Official, the Code Enforcement Official, the Police Department, the Atlantic County Board of Health as to the Sanitary Code, the Superintendent of Public Works as to trash, litter and recycling regulations, the City or State Fire Safety Official, the Emergency Management Coordinator, or any other City official who may be designated by the City Council.
[1]
Editor's Note: This ordinance provided that it shall take effect on November 24, 2022, at 12:01 a.m.
§ 114-121 Nonconforming uses and structures.
The otherwise lawful use of a building or land existing at the time of adoption of this chapter may be continued, although such use does not conform to the provisions of this chapter, provided that:
A.
Such use shall not be extended or enlarged without conforming to all regulations of the district in which it is located.
B.
The existence of a nonconforming use on a part of a lot or tract shall not be construed to establish a nonconforming use on the entire tract or lot.
C.
Whenever a nonconforming use is discontinued or changed to a conforming use, it shall not thereafter be changed back to a nonconforming use.
D.
Whenever a nonconforming structure has been damaged by fire or other causes to the extent of 75% of its market value, as determined by the Construction Official, it shall be rebuilt or repaired in conformity with the regulations of the district in which it is located. This restriction shall not apply to any structure which is rebuilt in compliance with the provisions of Code §§ 114-99D(4), 114-100D(3) or 114-101D(4).
[Amended 9-14-2015 by Ord. No. 25-2015]
E.
If a nonconforming use or structure ceases operations for a period of more than one year, such use will be considered abandoned, and any subsequent use shall conform to the regulations of the district in which it is located.
§ 114-121.1 Payment of delinquent taxes and assessments.
[Added 2-11-1993 by Ord. No. 2-1993]
The Planning Board or Zoning Board of Adjustment, as the case may be, may require the payment of any taxes or assessments for local improvements due or delinquent on a property, as a condition of any subdivision, site plan (or waiver of same), planned development, variance or other approval sought concerning the property.
§ 114-121.2 Personal wireless telecommunications facilities and equipment. [1]
[Added 3-8-2007 by Ord. No. 2-2007]
A.
The purpose of this section is to provide procedures and regulations for personal wireless telecommunications facilities in all nonresidential zones, to protect the City of Somers Point from the visual or other adverse impacts of these facilities, while encouraging their unobtrusive development to provide the benefits of comprehensive wireless telecommunications services to the City of Somers Point, its residents and businesses. The City expresses a preference that antennas be located on existing buildings and towers, on municipal or other public property, rather than newly constructed telecommunications towers; and further encourages collocation and site sharing of new and existing PWTFs.
B. ANTENNA ANTENNA SUPPORT STRUCTURE CITY OF SOMERS POINT COLLOCATION PERSONAL WIRELESS TELECOMMUNICATIONS EQUIPMENT FACILITIES (PWTEFs) PERSONAL WIRELESS TELECOMMUNICATIONS FACILITIES (PWTFs) TELECOMMUNICATIONS TOWER WIRELESS COMMUNICATIONS
Definitions. As used in this section, the following terms shall be defined as indicated:
A system of electrical conductors that transmit or receive radio frequency signals for wireless communications.
A structure other than a telecommunications tower which is attached to a building upon which one or more antennas are located.
All area within the borders of the City of Somers Point, in the County of Atlantic, State of New Jersey.
Use of a common PWTF or a common site by two or more wireless license holders or by one wireless license holder for more than one type of communications technology and/or placement of a PWTF on a structure owned or operated by a utility or other public entity.
Accessory facilities serving and subordinate in area, extent and purpose to, and on the same lot as, a telecommunications tower or antenna location. Such facilities include, but are not limited to, transmission equipment, storage sheds, storage buildings, and security fencing.
Facilities for the provision of wireless communications services, including, but not limited to, antennas, antenna support structure, telecommunications towers, and related facilities other than PWTEFs.
A freestanding structure on which one or more antennas are located, including lattice towers, guyed towers, monopoles and similar structures.
Any personal wireless services as defined in the Federal Telecommunications Act of 1996 (FTA) which includes FCC licensed commercial wireless telecommunications services, including cellular, personal communication services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging, and similar services that currently exist or that may in the future be developed. It does not include any amateur radio facility that is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive-only antennas, nor does it include noncellular telephone service.
C.
Development standards.
(1)
Application. Applications shall be submitted to the appropriate land use board for new PWTFs, modification to existing PWTFs, and collocation on existing PWTFs or on existing buildings.
(2)
Height standards. Where permitted, new PWTFs may be constructed to a maximum height of 120 feet above ground level. The maximum height of 150 feet above ground level shall be approved, provided the proposed installation of the PWTF is for the collocation of at least three other carriers on the PWTF. Any PWTF mounted on an existing building or structure shall not extend beyond the overall height of any such building or structure by more than 10 feet. PWTEFs are limited to 15 feet in height.
(3)
Setback standards. All PWTF and PWTEF shall be subject to a minimum yard requirement of 1/2 the height of the PWTF or the minimum yard requirements of the zoning district in which it is located, whichever is greater. The appropriate land use board, where necessary to address safety concerns, may increase the minimum setback requirement. If PWTEFs are located on the roof of a building, the area of the PWTEFs and other equipment and structures shall not occupy more than 25% of the roof area.
D.
Location priority. If needed in accordance with an overall comprehensive plan for the provision of full wireless communications service within City of Somers Point, PWTFs and PWTEFs shall be permitted at the following prioritized locations:
(1)
The first priority location shall be on lands or structures in any nonresidential zone owned by the City of Somers Point or government entities;
(2)
The second priority location shall be on lands or structures in any nonresidential zone owned by the Somers Point School District;
(3)
The third priority location shall be collocation on existing PWTFs (or existing water tanks), provided that the new installation does not increase the height by more than 10 feet; and
(4)
The fourth priority location shall be such locations as the applicant proves are essential to provide required service to the City of Somers Point.
E.
Conditional use standards. All PWTF and PWTEF 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 § 114-121.2D shall be deemed more acceptable than lower priority sites.
(1)
Sites for PWTFs and PWTEFs must demonstrate that they provide the least visual impact on residential areas and public rights-of-way. All potential visual impacts must be analyzed to demonstrate that the selected site provides the best opportunity to minimize the visual impact of the proposed facility.
(2)
PWTEFs should be located to avoid being visually solitary or prominent when viewed from residential areas and the public right-of-way. The facility should be obscured by vegetation, tree cover, topographic features and/or other structures to the maximum extent feasible.
(3)
PWTFs and PWTEFs shall be placed to ensure that existing viewscapes, streetscapes, and landscapes are protected. The views of and vistas from architecturally and/or significant structures should not be impaired or diminished by the placement of telecommunication facilities.
F.
Site design standards. The following design standards shall apply to PWTFs and PWTEFs installed or constructed pursuant to the terms of this section:
(1)
Collocation. Ordinance limitation on the number and placement of structures on a lot shall not apply when PWTF and PWTEF are located on a lot with buildings or structures already on it.
(2)
Fencing and other safety devices. PWTFs and PWTEFs shall be surrounded by a security fence. The security fence shall be chain link, eight feet in height and shall be topped with three strands of barbed wire placed at a forty-five-degree outward angle. All towers shall be designed with anticlimbing devices in order to prevent unauthorized access. Additional safety devices shall be permitted or required, as needed, and as approved by the Planning Board.
(3)
Landscaping. Landscaping shall be provided along any side of the security fence that is adjacent to residential property. The landscaping shall consist of an evergreen hedge eight feet to 10 feet in height at planting time. Required front yard setback areas shall be landscaped with low-growing shrubs that will not impair the view of the security area by public safety personnel.
(4)
Signs. Signs shall not be permitted except for signs 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 on any PWTF or PWTEF.
(5)
Color. PWTFs 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 (FAA).
(6)
Activity and access. All equipment shall be designed and automated to the greatest extent possible in order to reduce the need for on-site maintenance and thereby to minimize the need for vehicular trips to and from the site. Access shall be from established site access points whenever possible. Minimal off-street parking shall be permitted as needed and as approved by the Planning Board.
(7)
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 exceed six feet. Any dish antenna installed to meet federal, state, county, or local government public safety requirements is exempt from this requirement.
(8)
Lighting. No lighting is permitted except as follows:
(a)
PWTEFs 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 PWTF 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.
(9)
Monopole. Any proposed new telecommunications tower shall be a monopole unless the applicant can demonstrate that a different type pole is necessary for the collocation of additional antennas on the tower. Such towers may employ camouflage technology.
(11)
Radio frequency emissions. The FTA gives the FCC sole jurisdiction of the field of regulation of radio frequency (RF) emission and PWTFs which meet the FCC standards shall not be conditioned or denied on the basis of RF impacts. Applicants shall provide current FCC information concerning PWTFs and radio frequency emission standards. PWTFs shall be required to provide information on the projected power density of the proposed facility and how this meets the FCC standards.
(12)
Structural integrity. PWTFs must be constructed to the Electronic Industries Association/Telecommunications Industries Association 222 Revision F Standard (ANSI/TIA/EIA-222-F-96) entitled "Structural Standards for Steel Antenna Towers and Antenna Supporting Structures" (or equivalent), as it may be updated or amended.
(13)
Maintenance. PWTFs shall be maintained to assure their continued structural integrity. The owner of the PWTF shall also perform such other maintenance of the structure and of the site as to assure that it does not create a visual nuisance.
G.
Collocation policy.
(1)
The Municipal Engineer shall maintain an inventory of existing PWTF locations within or near the City of Somers Point.
(2)
An applicant proposing a PWTF at a new location as defined under § 114-121.2D shall first demonstrate that it made a reasonable attempt to find a collocation site acceptable to engineering standards and that none was practically or economically feasible.
(3)
Each application for a PWTF shall be accompanied by a plan which shall reference all existing PWTF locations in the applicant's City of Somers Point inventory, any such facilities in the abutting towns which provide service to areas within the City of Somers Point and any changes proposed within the following twelve-month period, including plans for new locations and the discontinuance or relocation of existing facilities.
(4)
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 PWTF relates to the objective of providing full wireless communications services within the City of Somers Point at the time full service is provided by the applicant throughout the City of Somers Point;
(b)
How the proposed location of the proposed PWTF relates to the location of any existing antennas within and near the City of Somers Point;
(c)
How the proposed location of the proposed PWTF relates to the anticipated need for additional antennas within and near the City of Somers Point by the applicant and by other providers of wireless communications services within the City of Somers Point;
(d)
How the proposed location of the proposed PWTF relates to the objective of collocating the antennas of many different providers of wireless communications services on the same PWTF; and
(e)
How its plan specifically relates to and is coordinated with the needs of all other providers of wireless communications services within the City of Somers Point.
(5)
The appropriate land use board may retain technical consultants as it deems necessary to provide assistance in the review of the site location alternatives analysis. The applicant shall bear the reasonable cost associated with such consultation, which cost shall be deposited in accordance with City of Somers Point's escrow provisions.
H.
Abandonment or discontinued use of PWTFs.
(1)
Abandonment. Any PWTF that is not operated for a continuous period of 12 months shall be considered abandoned. If there are two or more users of a single PWTF, then the abandonment shall not become effective until all users cease using the PWTF for a continuous period of 12 months. The owner of such PWTF shall remove same within 90 days of notice from the Zoning Officer that the PWTF is abandoned. If such PWTF is not removed within said 90 days, the City may remove such PWTF at the owner's expense.
(2)
Discontinuance. In the event of discontinuance, if the facility is to be retained, the owner shall establish, in writing, to the City that the facility will be reused within one year of such discontinuance. If a facility is not reused within one year, a demolition permit shall be obtained and the facility removed. At the discretion of the Zoning Officer, upon good cause shown, the one-year reuse period may be extended for a period not to exceed one additional year.
I.
Nonconforming PWTFs. PWTFs in existence on the date of the adoption of this section, which do not comply with the requirements of this section (nonconforming PWTFs), are subject to the following provisions.
(1)
Nonconforming PWTFs may continue in use for the purpose now used, but may not be expanded without complying with this section.
(2)
Nonconforming PWTFs which are partially damaged or destroyed due to any reason or cause may be repaired and restored to their former use, location and physical dimensions subject to obtaining a building permit therefor, but without otherwise complying with this section. If this destruction is greater than 50%, then repair or restoration will require compliance with this section.
(3)
The owner of any nonconforming PWTF may repair, rebuild and/or upgrade (but not expand such PWTF or increase its height or reduce its setbacks) in order to improve the structural integrity of the facility, to allow the facility to accommodate collocated antennas or facilities, or to upgrade the facilities to current engineering, technological or communications standards, without having to conform to the provisions of this section.
J.
Additional site plan submission requirements. In addition to the applicable documentation and items of information required for site plan approval, the following additional documentation and items of information are required to be submitted to the land use board for review and approval as part of the site plan submission:
(1)
Report, signed by a qualified expert, documenting the capacity of any proposed PWTF for the number and type of antennas;
(2)
Report, signed by a qualified expert, documenting that any proposed PWTF will have sufficient structural integrity to support the proposed antennas and the anticipated future collocated antennas and that the structural standards developed for antennas by the Electronic Industries Association (EIA) and/or the Telecommunication Industry Association (TIA) have been met;
(3)
A letter of intent by the applicant, in a form which is reviewed and approved by the City Solicitor, indicating that the applicant will share the use of any PWTF with other approved providers of wireless communication services; and
(4)
A visual impact study, graphically simulating through models, computer-enhanced graphics, or similar techniques, the appearance of any proposed tower and indicating its view from at least the five locations around and within one mile of the proposed PWTF where the PWTF will be most visible. Aerial photographs of the impact area shall also be submitted.
[1]
Editor's Note: Former § 114-121.2, Community residences and domestic violence shelters, added 8-25-1994 by Ord. No. 11-1994, was repealed 5-9-2002 by Ord. No. 11-2002.
§ 114-121.3 Family day-care homes.
[Added 8-25-1994 by Ord. No. 11-1994]
A. FAMILY DAY-CARE HOME FAMILY DAY-CARE PROVIDER SPONSORING ORGANIZATION
Definitions. As used in this section, the following terms shall have the meanings indicated:
Any private residence approved by the Division of Youth and Family Services or an organization with which the Division contracts for family day-care in which child-care services are regularly provided to no fewer than three and no more than five children for no fewer than 15 hours per week. A child being cared for under the following circumstances is not included in the total number of children receiving childcare services:
A person at least 18 years of age who is responsible for the operation and management of a family day-care home.
An agency or organization with whom the Division of Youth and Family Services contracts for family day-care.
B.
Family day-care homes shall be a permitted use, as a home occupation, in all residential districts, subject to the following conditions:
(1)
The use must be located in a private residence registered with the Division of Youth and Family Services as a family day-care home and for which a certificate of registration has been issued, pursuant to the Family Day Care Provider Registration Act, N.J.S.A. 30:5B-16 et seq.
(2)
The family day-care provider must be a resident of the home in which the service is to be provided.
(3)
The bulk requirements for family day-care homes shall be the same as for single-family dwelling units located within the particular district in which the use is located.
(4)
A copy of the certificate of registration issued by the Division of Youth and Family Services, pursuant to N.J.S.A. 30:5B-16 et seq., shall be filed with the Somers Point Zoning Officer, and as renewed thereafter.
(5)
Such use shall otherwise comply with all other regulations pertaining to home occupations within the applicable district as provided for elsewhere in this chapter.
§ 114-122 Unsafe conditions.
If the Construction Official, upon inspection, determines that an unsafe condition exists with respect to building soundness, fence or wall soundness or sign soundness, he shall notify the owner of his findings and state his reasons and order the condition repaired or, in the case of signs and fences, removed within a reasonable time period.