Tinton Falls City Zoning Code
§ 40-37
CONDITIONAL USES.
[Ord. No. 11-1314; Ord. No. 11-1317 § 4; 10-1-2019 by Ord. No. 2019-1452; 10-19-2021 by Ord. No. 2021-1479; 12-7-2021 by Ord. No. 2021-1480; 9-20-2022 by Ord. No. 2022-1493; 9-19-2023 by Ord. No. 2023-1507; 12-3-2024 by Ord. No. 2024-1518; 2-4-2025 by Ord. No. 2025-1521; Adopting Ordinance (see Ch. AO)]
A.
General. The Planning Board shall not approve a conditional use unless it finds that the use meets all the requirements of this chapter, does not substantially impair the use and enjoyment of surrounding properties, does not substantially impair the character of the surrounding area and does not have any adverse effect on surrounding properties.
B.
Requirements for Specific Uses.
1.
Agricultural Uses and Farms. The intent of this section is to allow for the continued use of agricultural and farm properties at a scale that is consistent with the minimum standards required for inclusion in New Jersey Department of Agriculture SADC preservation requirements. Agricultural and farm uses, buildings and structures, as defined in this chapter, may be located, when approved as conditional uses, in the zone as specified in Schedule A[1] subject to the following:
a.
The property must contain five or more acres of land and produce agricultural or horticultural products worth $2,500 or more annually; or
b.
The property contains less than five acres of land and produces agricultural or horticultural products worth $50,000 or more annually; or
c.
The following shall be exempt from the requirements of this § 40-37: the keeping of backyard chickens in compliance with § 8-7 of this Code.
d.
The following nonexclusive list of farming activities shall be considered permitted farm uses when in accordance with this chapter:
(1)
Production of agricultural and horticultural crops, trees, and forest products, livestock, poultry and other commodities as described in the Standard Industrial Classification for agriculture, forestry, fishing and trapping.
(2)
The housing and grazing of animals and use of range for fowl. The raising of cattle and horses shall be permitted on any farm, provided that there shall be an open area of at least 10,000 square feet for each head of livestock. The raising of chickens shall be permitted on any farm, provided that the area utilized for such chickens is no closer than 100 feet to any property line. Roosters are not permitted on any property in the Borough.
(3)
The operation of public and private stables, riding academies, horse breeding, training, and boarding facilities.
(4)
Erection of essential agricultural buildings, including those dedicated to the processing and packaging of the output of commercial farms and ancillary to agricultural and horticultural production.
(5)
Construction of fences.
(6)
Control of pests, including, but not limited to, insects and weeds, predators and diseases of plants and animals.
(7)
Conduction of agriculture-related educational and farm-based recreational activities, provided that the activities are related to marketing the agricultural or horticultural output of the commercial farm and permission of the farm owner and lessee is obtained.
(8)
Use of any and all equipment, including, but not limited to, irrigation pumps and equipment, aerial and ground seeding and spraying, tractors, harvest aides, traps, and animal and bird control devices.
(9)
Storing, processing and packaging of the agricultural output of the farm.
(10)
The wholesale and retail marketing, including pick your own marketing, and sales of agricultural output of farms or commercial farms, including related products that contribute to farm income, including the construction buildings and parking areas in accordance with the applicable standards set forth in the Right to Farm Act[2] for On-Farm Direct Marketing Facilities and this chapter 40.
[2]
Editor's Note: See N.J.S.A. 4:1C-1 et seq.
(11)
Replenishment of soil nutrients and improvement of soil tilth.
(12)
On-site disposal of organic agricultural waste.
(13)
The application of manure and chemical fertilizers, insecticides, pesticides, and herbicides in accordance with labeled instructions as approved by the New Jersey Agricultural Experiment Station and the United States Environmental Protection Agency.
(14)
Installation of wells, ponds and other water resources for agricultural purposes such as irrigation, sanitation and marketing preparation.
(15)
The foregoing practices and activities may occur on holidays, weekdays and weekends by day or night and shall include the attendant or incidental noise, odors, dust, fumes, and lighting associated with these practices.
(16)
Any other agricultural activity determined by the State Agriculture Development Committee to be a generally accepted agricultural management practice within the meaning of N.J.S.A. 4:1C-1 et seq.
e.
The farm operation (practices, activities, and structures) must conform to generally accepted agricultural management practices, comply with all relevant federal and state statutes and regulations, and not pose a direct threat to public health and safety.
f.
Slaughterhouses are not permitted.
g.
Commercial poultry farms shall not be permitted unless the poultry house walls and brooder house walls are at least 500 feet from any lot line. A "commercial poultry farm" shall be deemed to be any farm on which there are more than 50 fowl.
h.
Any property used as a farm that abuts a residential zone or use must contain a buffer along all side and rear property lines. The buffer shall be a minimum width of 15 feet, or 10% of the lot width, whichever is greater and shall be planted with dense evergreen trees a minimum of six feet high at the time of planting.
i.
Section 40-33B (Accessory Structures and Uses) shall not apply to agricultural and farm uses operated in accordance with this chapter. Accessory structures shall be constructed in accordance with the following standards:
(1)
The maximum permitted building and lot coverage for the zone shall govern the maximum permitted size of the principal structure and any associated accessory structures.
(2)
With the exception of farm stands in accordance with Section 40-37B.1.j, no accessory building or structure shall be located closer to a right-of-way line than the principal building. On corner lots, accessory buildings or structures shall not be located closer to a street than the minimum required front yard setback requirement for the zone and shall be screened by evergreen landscaping.
(3)
Accessory buildings used solely for the storage of goods or equipment that are no larger than 400 square feet and no greater than 10 feet high shall be set back no less than five feet from any side or rear lot line. Accessory buildings used solely for the storage of goods or equipment that are greater than 400 square feet or 10 feet high shall be set back no less than 25 feet from any side or rear lot line.
(4)
Accessory buildings or barns used for the housing of animals shall be located at least 100 feet from any lot line and at least 100 feet from any dwelling.
(5)
The height of any accessory structure shall not exceed 25 feet or the height of the principal building, whichever is less, with the exception of silos, which have no height limitation.
(6)
No accessory building or structure shall be used for human habitation.
j.
Temporary farm stands may be constructed in accordance with the following standards:
(1)
Farm stands must be located on a qualified owner's or operator's commercial farm which is under active, continuous farming operation and upon which 51% or more of the marketed products are raised, and the farm must meet the requirements of the Farmland Assessment Act.[3]
[3]
Editor's Note: See N.J.S.A. 54:4-23.1 et seq.
(2)
Farm stands shall not exceed a maximum area of 500 square feet and shall be set back a minimum of 15 feet from any street right-of-way line and 30 feet from any side lot line.
(3)
A maximum height of 15 feet is permitted for any structure, tent or canopy.
(4)
Farm stands shall be accompanied by a paved, gravel and/or grassed area for customer parking that can accommodate not less than three vehicles, which parking area shall be located in such a location as to facilitate the safe flow of traffic. There shall be adequate and safe access, ingress and egress from any adjacent public road or street, including provisions for an adequate turnaround area to prevent vehicles from backing out onto any public street.
(5)
Farm stands shall be operated during daytime hours only, from 8:00 a.m. to dusk.
(6)
Operators must apply for and obtain a zoning permit for any proposed farm stand.
k.
Seasonal farm advertising signs may be constructed in accordance with the following standards:
(1)
No more than one such sign shall be located on any one property or properties used as a single farm.
(2)
No such sign shall exceed 20 square feet in area, six feet in height or be located within 10 feet of a street right-of-way line.
(3)
No such sign shall be internally or externally illuminated.
(4)
All seasonal farm advertising signs shall be temporary in nature, and nonpermanent structures.
(5)
All seasonal farm advertising signs shall be properly maintained and shall not be allowed to fall into disrepair.
(6)
No such sign shall be an obstruction to any neighbor exiting their driveway.
l.
Apiaries and beekeeping activities are excluded from this section, as they are preempted by state law per N.J.S.A. 40:48-1.5. All such activities shall be in accordance with N.J.A.C. 2:24.
[1]
Editor's Note: Schedule A, District Use Regulations, is included as an attachment to this chapter.
2.
Churches and Places of Religious Worship. Church uses, buildings and structures, as defined in this chapter, may be located, when approved as conditional uses, in the zone as specified in Schedule A[4] subject to the following:
a.
No parking shall be permitted between the front building line and the street right-of-way.
b.
Parking must be provided on site as required by this chapter.
c.
All yard areas shall be attractively landscaped with grass lawns, trees and shrubs or other vegetation or material as the Planning Board may approve or require.
d.
Compliance with all bulk requirements as indicated below:
Use | Minimum Lot Requirements | Minimum Yard Requirements | Maximum Lot Coverage | Maximum Building Height | Minimum Building Separation | ||||||
|---|---|---|---|---|---|---|---|---|---|---|---|
Lot Area | Width | Front | Side | Rear | Stories | Feet | |||||
Interior | Corner | One | Total | ||||||||
Churches and places of religious worship | 3 acres | 100 feet | 120 feet | 100 feet | 50 feet | 100 feet | 100 feet | 60% | 2.5 | 35* feet | 50 feet |
Use | Minimum Lot Requirements | Minimum Yard Requirements | Maximum Lot Coverage | Maximum Building Height | Minimum Building Separation | ||||||
|---|---|---|---|---|---|---|---|---|---|---|---|
Lot Area | Width | Front | Side | Rear | Stories | Feet | |||||
Interior | Corner | One | Total | ||||||||
Churches and places of religious worship | 3 acres | 100 feet | 120 feet | 100 feet | 50 feet | 100 feet | 100 feet | 60% | 2.5 | 35* feet | 50 feet |
[4]
Editor's Note: Schedule A, District Use Regulations, is included as an attachment to this chapter.
3.
Schools. School uses, either for public, private or parochial instruction, as defined by this chapter, may be located, when approved as conditional uses, in the zone as specified in Schedule A[5] subject to the following:
a.
No parking shall be permitted between the front building line and the street right-of-way.
b.
Parking must be provided on site as required by this chapter.
c.
All yard areas shall be attractively landscaped with grass lawns, trees and shrubs or other vegetation or material as the Planning Board may approve or require.
d.
Proof of compliance with standards of and accreditation by the New Jersey State Department of Education.
e.
Compliance with all bulk requirements as indicated below:
Use | Minimum Lot Requirements | Minimum Yard Requirements | Maximum Lot Coverage | Maximum Building Height | Minimum Building Separation | ||||||
|---|---|---|---|---|---|---|---|---|---|---|---|
Lot Area | Width | Front | Side | Rear | Stories | Feet | |||||
Interior | Corner | One | Total | ||||||||
Churches and places of religious worship | 3 acres | 100 feet | 120 feet | 100 feet | 50 feet | 100 feet | 100 feet | 60% | 2.5 | 35* feet | 50 feet |
Use | Minimum Lot Requirements | Minimum Yard Requirements | Maximum Lot Coverage | Maximum Building Height | Minimum Building Separation | ||||||
|---|---|---|---|---|---|---|---|---|---|---|---|
Lot Area | Width | Front | Side | Rear | Stories | Feet | |||||
Interior | Corner | One | Total | ||||||||
Churches and places of religious worship | 3 acres | 100 feet | 120 feet | 100 feet | 50 feet | 100 feet | 100 feet | 60% | 2.5 | 35* feet | 50 feet |
[5]
Editor's Note: Schedule A, District Use Regulations, is included as an attachment to this chapter.
4.
Townhouses, Duplexes or Other Plex Units. Townhouses, duplexes or other plex units, as defined in this chapter, may be located, when approved as conditional uses, in the zone as specified in Schedule A[6] subject to the following:
a.
No parking shall be permitted between the front building line and the street right-of-way.
b.
Parking must be provided on site as required by this chapter.
c.
All yard areas shall be attractively landscaped with grass lawns, trees and shrubs or other vegetation or material as the Planning Board may approve or require.
d.
Compliance with all bulk requirements as indicated below:
Use | Minimum Lot Requirements | Minimum Yard Requirements | Maximum Lot Coverage | Maximum Building Height | Minimum Building Separation | ||||||
|---|---|---|---|---|---|---|---|---|---|---|---|
Lot Area | Width | Front | Side | Rear | Stories | Feet | |||||
Interior | Corner | One | Total | ||||||||
Churches and places of religious worship | 3 acres | 100 feet | 120 feet | 100 feet | 50 feet | 100 feet | 100 feet | 60% | 2.5 | 35* feet | 50 feet |
e.
A minimum setback of 25 feet between buildings is required.
[6]
Editor's Note: Schedule A, District Use Regulations, is included as an attachment to this chapter.
5.
Garden Apartments. Garden apartments, as defined in this chapter, may be located, when approved as conditional uses, in the zone as specified in Schedule A[7] subject to the following:
a.
No parking shall be permitted between the front building line and the street right-of-way.
b.
Parking must be provided on site as required by this chapter.
c.
Minimum 20% open space with community amenities.
d.
All yard areas shall be attractively landscaped with grass lawns, trees and shrubs or other vegetation or material as the Planning Board may approve or require.
e.
Compliance with all bulk requirements as indicated below:
Use | Minimum Lot Requirements | Minimum Yard Requirements | Maximum Lot Coverage | Maximum Building Height | Minimum Building Separation | ||||||
|---|---|---|---|---|---|---|---|---|---|---|---|
Lot Area | Width | Front | Side | Rear | Stories | Feet | |||||
Interior | Corner | One | Total | ||||||||
Churches and places of religious worship | 3 acres | 100 feet | 120 feet | 100 feet | 50 feet | 100 feet | 100 feet | 60% | 2.5 | 35* feet | 50 feet |
[7]
Editor's Note: Schedule A, District Use Regulations, is included as an attachment to this chapter.
6.
Automobile Fueling Stations. Automobile fueling station, as defined in this chapter, may be located, when approved as conditional uses, in the zone as specified in Schedule A[8] subject to the following: (NOTE: Any and all automobile uses may be developed in combination with any other automobile use, however the conditional use standards for each use are to be considered in combination so that the conditions of all uses are to be met by the individual automobile use elements of the property.)
a.
No parking shall be permitted between the front building line and the street right-of-way.
b.
Parking must be provided on site as required by this chapter.
c.
A minimum of two entrance and exit driveways are required. Entrance and exit driveways shall be at least 30 feet in width. There shall be a safety zone of at least 25 feet between driveways, and driveways shall be at least 10 feet from adjoining property lines. Corner lots shall have a curb radius of at least 25 feet, and driveway entrances shall start at least 25 feet from the radius tangent points.
d.
Gasoline pumps and other apparatus shall be so located as to permit safe and convenient traffic circulation. Every gasoline or oil tank, pump or other device, appliance or apparatus shall be located at least 50 feet from a street right- of-way line, at least 75 feet from a residential zone boundary and at least 10 feet from any property line.
e.
A cantilevered cover or canopy may be permitted to extend into the front yard, provided that it is at least 30 feet from any front property line.
f.
No part of any automobile fueling station operation or paved area shall be conducted within 50 feet of a residential zone boundary or use. A six-foot-high board-on-board or similar fence shall be installed along any residential zone boundary or use.
g.
No part of any automobile fueling station operation shall be conducted within 1,000 feet of any other/existing automobile fueling station.
h.
All paved areas within the property shall be at least 10 feet from a property line, 20 feet from a street right-of-way line and 50 feet from a residential zone boundary or use and bounded by concrete curbing at least six inches above the surface.
i.
All yard areas shall be attractively landscaped with grass lawns, trees and shrubs or other vegetation or material as the Planning Board may approve or require.
j.
There shall be no outdoor storage of supplies, materials or automobile parts, whether for sale, storage or waste, other than display items normally used in their daily operation.
k.
All storage tanks shall be installed below ground level per Department of Environmental Protection regulations.
l.
No unlicensed motor vehicle or part thereof shall be permitted on the premises.
m.
Retail sales of food, beverages, snacks and other convenience items are permitted as a clearly ancillary use to the sale of gasoline. No more than 4,000 square feet may be dedicated to retail sales. Total retail sales area shall generate onsite parking requirements and comply with all parking standards.
n.
The sale or rental of cars, trucks, trailers, boats or any other vehicles on the premises of an automotive fueling stations, shall be prohibited.
o.
Compliance with all bulk requirements as indicated below:
Use | Minimum Lot Requirements | Minimum Yard Requirements | Maximum Lot Coverage | Maximum Building Height | Minimum Building Separation | ||||||
|---|---|---|---|---|---|---|---|---|---|---|---|
Lot Area | Width | Front | Side | Rear | Stories | Feet | |||||
Interior | Corner | One | Total | ||||||||
Churches and places of religious worship | 3 acres | 100 feet | 120 feet | 100 feet | 50 feet | 100 feet | 100 feet | 60% | 2.5 | 35* feet | 50 feet |
[8]
Editor's Note: Schedule A, District Use Regulations, is included as an attachment to this chapter.
7.
Automobile Repair Shops. Automobile repair shops, as defined in this chapter, may be located, when approved as conditional uses, in the zone as specified in Schedule A[9] subject to the following: (NOTE: Any and all automobile uses may be developed in combination with any other automobile use, however the conditional use standards for each use are to be considered in combination so that the conditions of all uses are to be met by the individual automobile use elements of the property.)
a.
No parking shall be permitted between the front building line and the street right-of-way.
b.
Parking must be provided on site as required by this chapter.
c.
No part of any automobile repair shop operation or paved area shall be conducted within 50 feet of a residential zone boundary or use. A six-foot-high board-on-board or similar fence shall be installed along any residential zone boundary or use.
d.
All paved areas within the property shall be at least 10 feet from a property line, 20 feet from a street right-of-way line and 50 feet from a residential zone boundary or use and bounded by concrete curbing at least six inches above the surface.
e.
All yard areas shall be attractively landscaped with grass lawns, trees and shrubs or other vegetation or material as the Planning Board may approve or require.
f.
There shall be no outdoor storage of supplies, materials or automobile parts, whether for sale, storage or waste, other than display items normally used in their daily operation.
g.
All storage tanks shall be installed below ground level per New Jersey Department of Environmental Protection regulations.
h.
Repair work, other than incidental minor repair, shall take place within the building, and all repair or service apparatus shall be located within the building.
i.
Floor drains shall not be connected to any sanitary sewer system, and they may be connected to the storm sewer system only if an oil separator has been installed prior to the location of the connector.
j.
No unlicensed motor vehicle or part thereof shall be permitted on the premises of an automobile repair shop. Moreover, no more than six motor vehicles may be located upon any automobile repair shop premises outside of a closed or roofed building for a period not to exceed seven days.
k.
The use and parking of tow trucks shall be limited to three per automobile repair shop.
l.
The sale or rental of cars, trucks, trailers, boats or any other vehicles on the premises of an automobile repair shop shall be prohibited.
m.
The storage of cars, trucks, trailers, boats or any other vehicles not being serviced or repaired on the premises of an automobile repair shop shall be prohibited.
n.
Compliance with all bulk requirements as indicated below:
Use | Minimum Lot Requirements | Minimum Yard Requirements | Maximum Lot Coverage | Maximum Building Height | Minimum Building Separation | ||||||
|---|---|---|---|---|---|---|---|---|---|---|---|
Lot Area | Width | Front | Side | Rear | Stories | Feet | |||||
Interior | Corner | One | Total | ||||||||
Churches and places of religious worship | 3 acres | 100 feet | 120 feet | 100 feet | 50 feet | 100 feet | 100 feet | 60% | 2.5 | 35* feet | 50 feet |
[9]
Editor's Note: Schedule A, District Use Regulations, is included as an attachment to this chapter.
8.
Automobile Car Wash. Automobile car wash, as defined by this chapter, may be located, when approved as conditional uses, in the zone as specified in Schedule A[10] subject to the following: (NOTE: Any and all automobile uses may be developed in combination with any other automobile use, however the conditional use standards for each use are to be considered in combination so that the conditions of all uses are to be met by the individual automobile use elements of the property.)
a.
No parking shall be permitted between the front building line and the street right-of-way.
b.
Such use shall provide an adequate off-street automobile stacking area which shall not be less than 20 spaces per wash bay. Such stacking system shall in no way hinder or impair normal traffic flow on adjoining property or public rights-of-way. In addition, there shall be an unobstructed by-pass lane and one parking space per employee on the maximum shift shall be required.
c.
Areas reserved for the self vacuuming of floor mats and other services shall be separated from and not interfere with traffic circulation in the lanes accessing the automobile car wash.
d.
A wash water recycling system is required.
e.
No unlicensed motor vehicle or part thereof shall be permitted on the premises of an automobile car wash. Moreover, no more than six motor vehicles may be located upon any automobile car wash premises outside of a closed or roofed building for a period not to exceed seven days.
f.
No part of any automobile car wash operation or paved area shall be conducted within 50 feet of a residential zone boundary or use. A six-foot-high board-on-board or similar fence shall be installed along any residential zone boundary or use.
g.
All paved areas within the property shall be at least 10 feet from a property line, 20 feet from a street right-of-way line and 50 feet from a residential zone boundary or use and bounded by concrete curbing at least six inches above the surface.
h.
All yard areas shall be attractively landscaped with grass lawns, trees and shrubs or other vegetation or material as the Planning Board may approve or require.
i.
Approval of the Municipal Engineer regarding utilities and drainage and the Department of Health and Welfare regarding the performance standards shall be required.
j.
Compliance with all bulk requirements as indicated below:
Use | Minimum Lot Requirements | Minimum Yard Requirements | Maximum Lot Coverage | Maximum Building Height | Minimum Building Separation | ||||||
|---|---|---|---|---|---|---|---|---|---|---|---|
Lot Area | Width | Front | Side | Rear | Stories | Feet | |||||
Interior | Corner | One | Total | ||||||||
Churches and places of religious worship | 3 acres | 100 feet | 120 feet | 100 feet | 50 feet | 100 feet | 100 feet | 60% | 2.5 | 35* feet | 50 feet |
[10]
Editor's Note: Schedule A, District Use Regulations, is included as an attachment to this chapter.
9.
Automobile Oil Change and Lubrication Shops. Automobile oil change and lubrication shops, as defined by this chapter, may be located, when approved as conditional uses, in the zone as specified in Schedule A[11] subject to the following: (NOTE: Any and all automobile uses may be developed in combination with any other automobile use, however the conditional use standards for each use are to be considered in combination so that the conditions of all uses are to be met by the individual automobile use elements of the property.)
a.
No parking shall be permitted between the front building line and the street right-of-way.
b.
Such use shall provide an adequate off-street automobile stacking area which shall not be less than six spaces per service bay. Such stacking system shall in no way hinder or impair normal traffic flow on adjoining property or public rights-of-way. In addition, one parking space per employee on the maximum shift shall be required.
c.
No part of any automobile oil change and lubrication shop operation or paved area shall be conducted within 50 feet of a residential zone boundary or use. A six-foot-high board-on-board or similar fence shall be installed along any residential zone boundary or use.
d.
All paved areas within the property shall be at least 10 feet from a property line, 20 feet from a street right-of-way line and 50 feet from a residential zone boundary or use and bounded by concrete curbing at least six inches above the surface.
e.
All yard areas shall be attractively landscaped with grass lawns, trees and shrubs or other vegetation or material as the Planning Board may approve or require.
f.
There shall be no outdoor storage of supplies, materials or automobile parts, whether for sale, storage or waste, other than display items normally used in their daily operation.
g.
All storage tanks shall be installed below ground level per New Jersey Department of Environmental Protection regulations.
h.
Repair work, other than incidental minor, repair, shall take place within the building, and all repair or service apparatus shall be located within the building.
i.
Floor drains shall not be connected to any sanitary sewer system, and they may be connected to the storm sewer system only if an oil separator has been installed prior to the location of the connector.
j.
No unlicensed motor vehicle or part thereof shall be permitted on the premises of an automobile oil change and lubrication shop. Moreover, no more than six motor vehicles may be located upon any automobile oil change and lubrication shop premises outside of a closed or roofed building for a period not to exceed seven days.
k.
The sale or rental of cars, trucks, trailers, boats or any other vehicles on the premises of an automobile oil change and lubrication shop shall be prohibited.
l.
The storage of cars, trucks, trailers, boats or any other vehicles not being serviced or repaired on the premises of an automobile oil change and lubrication shop shall be prohibited.
m.
Compliance with all bulk requirements as indicated below:
Use | Minimum Lot Requirements | Minimum Yard Requirements | Maximum Lot Coverage | Maximum Building Height | Minimum Building Separation | ||||||
|---|---|---|---|---|---|---|---|---|---|---|---|
Lot Area | Width | Front | Side | Rear | Stories | Feet | |||||
Interior | Corner | One | Total | ||||||||
Churches and places of religious worship | 3 acres | 100 feet | 120 feet | 100 feet | 50 feet | 100 feet | 100 feet | 60% | 2.5 | 35* feet | 50 feet |
[11]
Editor's Note: Schedule A, District Use Regulations, is included as an attachment to this chapter.
10.
Second Floor Residential Units on Floors Above Office or Retail Uses. Second floor residential units, as defined by this chapter, may be located, when approved as conditional uses, in the zone as specified in Schedule A[12] subject to the following:
a.
No parking shall be permitted between the front building line and the street right-of-way.
b.
Parking must be provided on site as required by this chapter.
c.
Second floor residential units are only to be on a second floor, no second floor residential units shall be built on a first floor or in a one-story building.
d.
A minimum of 800 square feet of living area for each second floor residential unit is required, a maximum of two bedrooms are permitted in each unit.
e.
No more than four second floor residential units per principle lot. Any one second floor residential unit shall require one affordable second floor residential units for the purpose of providing additional opportunities for low- and moderate-income housing in the Borough of Tinton Falls and per the Borough of Tinton Falls Housing Element and Fair Share Plan.
f.
A minimum of 600 square feet of lawn area per second floor residential unit devoted to residential use.
g.
Development applications for second floor residential units shall include:
(1)
Floor plans for each accessory apartment including square footage.
(2)
The number of bedrooms for each unit.
(3)
The location and use of the principal building and all accessory buildings on the applicant's property.
(4)
Location and layout of off-street parking for residential and nonresidential uses.
[12]
Editor's Note: Schedule A, District Use Regulations, is included as an attachment to this chapter.
11.
Car and Truck Dealer. Car and truck dealers, as defined by this chapter, may be located, when approved as conditional uses, in the zone as specified in Schedule A[13] subject to the following:
a.
Parking must be provided on site as required by this chapter.
b.
Parking of for-sale vehicles shall be permitted between the front building line and the street right-of-way.
c.
A minimum of two entrance and exit driveways are required. Entrance and exit driveways shall be at least 30 feet in width. There shall be a safety zone of at least 25 feet between driveways, and driveways shall be at least 10 feet from adjoining property lines. Corner lots shall have a curb radius of at least 25 feet, and driveway entrances shall start at least 25 feet from the radius tangent points.
d.
A showroom and office area of no less than 5,000 square feet shall be provided.
e.
A service area of no less than six repair bays shall be provided.
f.
No part of any car and truck dealer operation or paved area shall be conducted within 50 feet of a residential zone boundary or use. A six-foot-high board-on-board or similar fence shall be installed along any residential zone boundary or use.
g.
All paved areas within the property shall be at least 10 feet from a property line, 25 feet from a street right-of-way line and 50 feet from a residential zone boundary or use and bounded by concrete curbing at least six inches above the surface.
h.
All yard areas shall be attractively landscaped with grass lawns, trees and shrubs or other vegetation or material as the Planning Board may approve or require. A row of low shrubbery planted along the edge of the display or parking area along the street together with grass or vegetative ground cover is required.
i.
There shall be no outdoor storage of supplies, materials or automobile parts, whether for sale, storage or waste, other than display items normally used in their daily operation.
j.
All storage tanks shall be installed below ground level per New Jersey Department of Environmental Protection regulations.
k.
Repair work, other than incidental minor repair, shall take place within the building, and all repair or service apparatus shall be located within the building.
l.
Floor drains shall not be connected to any sanitary sewer system, and they may be connected to the storm sewer system only if an oil separator has been installed prior to the location of the connector.
m.
The rental of cars, trucks, trailers, boats or any other vehicles on the premises of a car and truck dealer shall be prohibited.
n.
The storage of cars, trucks, trailers, boats or any other vehicles not being serviced or sold on the premises of a car and truck dealer shall be prohibited.
o.
Compliance with all bulk requirements as indicated below:
Use | Minimum Lot Requirements | Minimum Yard Requirements | Maximum Lot Coverage | Maximum Building Height | Minimum Building Separation | ||||||
|---|---|---|---|---|---|---|---|---|---|---|---|
Lot Area | Width | Front | Side | Rear | Stories | Feet | |||||
Interior | Corner | One | Total | ||||||||
Churches and places of religious worship | 3 acres | 100 feet | 120 feet | 100 feet | 50 feet | 100 feet | 100 feet | 60% | 2.5 | 35* feet | 50 feet |
[13]
Editor's Note: Schedule A, District Use Regulations, is included as an attachment to this chapter.
12.
Hotels. Hotels, as defined by this chapter, may be located, when approved as conditional uses, in the zone as specified in Schedule A[14] subject to the following:
a.
No parking shall be permitted between the front building line and the street right-of-way.
b.
Parking requirements are as follows:
(1)
One parking space per guest room.
(2)
One parking space for each employee. The shift having the most employees shall be used to calculate employees' parking needs.
(3)
One parking space for every three seats in the restaurant and lounge and conference/banquet space.
(4)
Reduction of the required number of parking spaces may be permitted by the Board, upon demonstration that shared parking is feasible, likely, and adequate.
c.
A minimum of 100 guest rooms shall be provided. Guest rooms must average no less than 300 square feet in area.
d.
A full service restaurant and lounge shall be provided.
e.
Conference/banquet space shall be provided to safely accommodate up to 300 guests.
f.
An indoor swimming/lap pool for exclusive use of hotel guests shall be provided.
g.
Lockers, showers and toilet areas related to the pool shall be provided.
h.
Health club space for exclusive use of hotel guests shall be provided in addition to those facilities related to the pool.
i.
Snack bars, gift shops, newsstands, travel agents, ticket sales, banking services, clothing sales, and similar services shall be considered permitted accessory uses and may be permitted provided these uses are incidental and subordinate to the hotel use, are for the convenience of the guests of the hotel, and do not exceed the equivalent of 10% of the gross floor area of the hotel lobby or 4,000 square feet, whichever is less. These services shall be designed as an integral part of the lobby area and shall have no separate, exterior means of access for customers.
j.
All paved areas within the property shall be at least 10 feet from a property line, 20 feet from a street right-of-way line and 50 feet from a residential zone boundary or use and bounded by concrete curbing at least six inches above the surface.
k.
All yard areas shall be attractively landscaped with grass lawns, trees and shrubs or other vegetation or material as the Planning Board may approve or require.
l.
Compliance with all bulk requirements as indicated below:
Use | Minimum Lot Requirements | Minimum Yard Requirements | Maximum Lot Coverage | Maximum Building Height | Minimum Building Separation | ||||||
|---|---|---|---|---|---|---|---|---|---|---|---|
Lot Area | Width | Front | Side | Rear | Stories | Feet | |||||
Interior | Corner | One | Total | ||||||||
Churches and places of religious worship | 3 acres | 100 feet | 120 feet | 100 feet | 50 feet | 100 feet | 100 feet | 60% | 2.5 | 35* feet | 50 feet |
[14]
Editor's Note: Schedule A, District Use Regulations, is included as an attachment to this chapter.
13.
Swim Clubs, Tennis Clubs. Swim clubs and tennis clubs as defined by this chapter, may be located, when approved as conditional uses, in the zone as specified in Schedule A[15] subject to the following:
a.
No parking shall be permitted between the front building line and the street right-of-way.
b.
Parking must be provided on site as required by this chapter.
c.
All buildings and structures shall be permanent constructions clad in wood, metal, concrete or vinyl siding and shall not be clad in a flexible membrane or be structures that rely on air, cable tension or other types of nonrigid structures for structural support. Neither shall geodesic domes or geodesic structures be allowed for said facility.
d.
All yard areas shall be attractively landscaped with grass lawns, trees and shrubs or other vegetation or material as the Planning Board may approve or require.
e.
Compliance with all bulk requirements as indicated below:
Use | Minimum Lot Requirements | Minimum Yard Requirements | Maximum Lot Coverage | Maximum Building Height | Minimum Building Separation | ||||||
|---|---|---|---|---|---|---|---|---|---|---|---|
Lot Area | Width | Front | Side | Rear | Stories | Feet | |||||
Interior | Corner | One | Total | ||||||||
Churches and places of religious worship | 3 acres | 100 feet | 120 feet | 100 feet | 50 feet | 100 feet | 100 feet | 60% | 2.5 | 35* feet | 50 feet |
[15]
Editor's Note: Schedule A, District Use Regulations, is included as an attachment to this chapter.
14.
Golf Driving Range, Miniature Golf and Par-3 Golf Course. Golf driving range, miniature golf and par-3 golf courses, as defined by this chapter, may be located, when approved as conditional uses, in the zone as specified in Schedule A[16] subject to the following:
a.
No parking shall be permitted between the front building line and the street right-of-way.
b.
Parking must be provided on site as required by this chapter.
c.
Exterior lighting for any evening play must be shielded and/or directed to avoid visibility of the light source from adjacent roads and from nearby residences.
d.
All par-3 fairways be either angled away from adjacent roads and buildings to be either a minimum of 30° off parallel or, if parallel to the road or adjacent lot, the edge of the fairway shall be at least 50 yards away from the right-of-way or lot line.
e.
Any par-3 courses where a green is located near a road or adjacent lot and players are hitting toward the road or adjacent lot when approaching the green, the design of the hole shall place the closest part of the green at least 30 yards from the right-of-way or the lot line and a double row of evergreens shall be planted between the green and the road or adjacent lot.
f.
All yard areas shall be attractively landscaped with grass lawns, trees and shrubs or other vegetation or material as the Planning Board may approve or require.
g.
Compliance with all bulk requirements as indicated below:
Use | Minimum Lot Requirements | Minimum Yard Requirements | Maximum Lot Coverage | Maximum Building Height | Minimum Building Separation | ||||||
|---|---|---|---|---|---|---|---|---|---|---|---|
Lot Area | Width | Front | Side | Rear | Stories | Feet | |||||
Interior | Corner | One | Total | ||||||||
Churches and places of religious worship | 3 acres | 100 feet | 120 feet | 100 feet | 50 feet | 100 feet | 100 feet | 60% | 2.5 | 35* feet | 50 feet |
[16]
Editor's Note: Schedule A, District Use Regulations, is included as an attachment to this chapter.
15.
Commercial Radio and Other Communications Towers. Commercial radio and other communications towers as defined by this chapter, may be located, when approved as conditional uses, in the zone as specified in Schedule A[17] subject to the following:
a.
Towers shall be at least one-quarter mile from a residential zone.
b.
Towers shall be no higher than 250 feet from its base.
c.
Towers shall have no more than three different services attached.
d.
Towers shall be no closer to another commercial radio or other communications tower than 1/2 mile measured in a straight line.
e.
Towers shall be set back from any public street at least 300 feet.
f.
Towers shall be set back from any other lot line at least 200 feet.
g.
Towers shall have no written, symbolic or similar material attached to the tower.
[17]
Editor's Note: Schedule A, District Use Regulations, is included as an attachment to this chapter.
16.
Resource Recycling Facility. Resource recycling facilities, as defined by this chapter, may be located, when approved as conditional uses, in the zone as specified in Schedule A[18] subject to the following:
a.
Resource recycling facilities shall be limited in scope to the following:
(1)
None of the operation shall involve burning or dissolving, nor shall the process involve any chemical process.
(2)
The tract shall have direct access to either a collector or arterial street as classified on the Borough's Master Plan.
(3)
The perceptible noise at the lot line from the operation of equipment shall not exceed the limits established by NJDEP.
b.
Maximum lot coverage includes storage piles and pavement areas for driveways, aisles, parking and loading areas whether paved with blacktop, concrete, crushed stone, crushed concrete, or similar material.
c.
The minimum setback of any structure from the centerline of any existing or proposed electric company's transmission/distribution supply line or electric substations shall be 200 feet. This setback shall not apply to local service lines or service connections into individual buildings of 13 Kv or less.
d.
No structure dedicated to any recycling process shall be closer than 600 feet to any existing residential use or residential zone boundary line.
e.
No outside storage of any recyclable material shall be closer than 500 feet to any residential zone boundary line or any existing residential use, except that office and similar administrative functions may not be closer than 100 feet to any lot line.
f.
Whenever the property of a resource recycling facility shall abut a residential zone boundary line or shall abut an existing residential use and there shall be outdoor storage, there shall be provided a landscaped buffer area of at least 50 feet wide and may or may not include berms contiguous with the residential use or zone boundary lines. The buffer area shall be designed and planted in accordance with this chapter except that where natural wooded features are on-site and adequately provide the intended buffer, the Board may approve the existing conditions as meeting this requirement, in whole or in part.
g.
The processing of aluminum cans, tin cans, glass, plastics and paper shall take place within a completely enclosed building on the premises.
h.
The processing of wood, asphalt, concrete, and scrap aluminum and scrap tin (other than aluminum and tin cans) may take place outside of any building so long as the noise level at the property line shall not exceed any New Jersey State, Monmouth County, or Borough laws, rules or regulations, and so long as all storage and processing areas are either paved or of crushed concrete or stone.
i.
While materials may be temporarily stored on-site as part of the operation, and while this may result in the accumulation of piles of recyclable materials that are in the process of being recycled, no individual materials brought to the site are permitted to be permanently left on-site. All materials brought to the site shall be separated, ground, pulverized, packaged, and/or handled in such a way as to accomplish the recycling operation so that individual products are shipped off-site as part of a continuing operation. No process is permitted as part of a recycling operation where the material is chemically altered, including the burning or incineration of any materials.
j.
No materials shall be permitted to be stored outside of a building if they are capable of eroding, blowing around, or otherwise capable of causing a nuisance or a health or safety hazard by reason of contaminating the soil, the air and/or ground or surface water supply or quality; or blowing around the site; or creating litter, dust, odors, or unhealthy or unsafe conditions; or collecting and retaining water.
k.
Materials permitted to be brought on-site and stored in outside piles shall be stored in piles no higher than 30 feet.
l.
Hours of Operation. Resource recycling facilities shall operate only between the hours of 7:00 a.m. and 8:00 p.m., Monday through Friday; 7:00 a.m. through 3:30 p.m., Saturday local time, and shall not operate on Sundays.
Use | Minimum Lot Requirements | Minimum Yard Requirements | Maximum Lot Coverage | Maximum Building Height | Minimum Building Separation | ||||||
|---|---|---|---|---|---|---|---|---|---|---|---|
Lot Area | Width | Front | Side | Rear | Stories | Feet | |||||
Interior | Corner | One | Total | ||||||||
Churches and places of religious worship | 3 acres | 100 feet | 120 feet | 100 feet | 50 feet | 100 feet | 100 feet | 60% | 2.5 | 35* feet | 50 feet |
[18]
Editor's Note: Schedule A, District Use Regulations, is included as an attachment to this chapter.
17.
Cemetery, With or Without Mausoleum or Crematory. Cemetery, with or without mausoleum or crematory, as defined in this chapter, may be located, when approved as conditional uses, in the zone as specified in Schedule A[19] subject to the following:
a.
Mausoleums and crematories shall be a minimum of 400 feet from any residential property line and a minimum of 100 feet from any commercial property line. A maximum of one crematory is permitted per cemetery.
b.
Columbariums shall be a minimum of 100 feet from any property line.
c.
Chapels and committal areas related to the internment, entombment or cremation of human remains on site shall be an accessory use to the principal use. An office strictly related to the activities of the cemetery or a residence, to be used exclusively for an employee involved in caretaking, security or other activities of the cemetery, is permitted. Up to two accessory maintenance buildings related to the operation of the cemetery, not exceeding a height of 20 feet and area of 500 square feet each, are permitted. Setbacks for any such buildings shall be in compliance with the table below.
d.
Parking for all uses on site must be provided on site as required by this chapter.
e.
All yard areas shall be attractively landscaped with grass lawns, trees and shrubs or other vegetation or material as the Planning Board may approve or require. Every cemetery shall have a vegetated buffer area along all property lines abutting a residential zone or use. Buffer areas shall be a minimum of 25 feet wide and shall be planted with dense evergreen plant materials in an irregular and natural appearing pattern to form a continuous screen from grade level to a height of six feet.
f.
Compliance with all bulk requirements as indicated below:
Use | Minimum Lot Requirements | Minimum Yard Requirements | Maximum Lot Coverage | Maximum Building Height | Minimum Building Separation | ||||||
|---|---|---|---|---|---|---|---|---|---|---|---|
Lot Area | Width | Front | Side | Rear | Stories | Feet | |||||
Interior | Corner | One | Total | ||||||||
Churches and places of religious worship | 3 acres | 100 feet | 120 feet | 100 feet | 50 feet | 100 feet | 100 feet | 60% | 2.5 | 35* feet | 50 feet |
Use | Minimum Lot Requirements | Minimum Yard Requirements | Maximum Lot Coverage | Maximum Building Height | Minimum Building Separation | ||||||
|---|---|---|---|---|---|---|---|---|---|---|---|
Lot Area | Width | Front | Side | Rear | Stories | Feet | |||||
Interior | Corner | One | Total | ||||||||
Churches and places of religious worship | 3 acres | 100 feet | 120 feet | 100 feet | 50 feet | 100 feet | 100 feet | 60% | 2.5 | 35* feet | 50 feet |
[19]
Editor's Note: Schedule A, District Use Regulations, is included as an attachment to this chapter.
18.
Retail Warehouse. Retail warehouse, as defined by this chapter, may be located, when approved as conditional uses, in the zone as specified in Schedule A[20] subject to the following:
a.
Parking must be provided on site as required by this chapter.
b.
A minimum of two entrance and exit driveways are required. Entrance and exit driveways shall be at least 30 feet in width. There shall be a safety zone of at least 25 feet between driveways, and driveways shall be at least 10 feet from adjoining property lines. Corner lots shall have a curb radius of at least 25 feet, and driveway entrances shall start at least 25 feet from the radius tangent points.
c.
All yard areas shall be attractively landscaped with grass lawns, trees and shrubs or other vegetation or material as the Planning Board may approve or require. A row of low shrubbery planted along the edge of any parking areas along the street together with grass or vegetative ground cover is required.
d.
There shall be no outdoor storage of any materials, whether for sale or storage.
e.
Automobile tire and battery sales and installation shall be considered an accessory use to the principal use and shall take place within the building, and all service apparatus shall be located within the building.
f.
Automobile fuel sales on site shall be considered a separate use, an automobile fueling station. (NOTE: Any and all automobile uses may be developed in combination with any other automobile use, however, the conditional use standards for each use are to be considered in combination so that the conditions of all uses are to be met by the individual automobile use elements of the property.)
g.
Compliance with all bulk requirements as indicated below:
Use | Minimum Lot Requirements | Minimum Yard Requirements | Maximum Lot Coverage | Maximum Building Height | Minimum Building Separation | ||||||
|---|---|---|---|---|---|---|---|---|---|---|---|
Lot Area | Width | Front | Side | Rear | Stories | Feet | |||||
Interior | Corner | One | Total | ||||||||
Churches and places of religious worship | 3 acres | 100 feet | 120 feet | 100 feet | 50 feet | 100 feet | 100 feet | 60% | 2.5 | 35* feet | 50 feet |
[20]
Editor's Note: Schedule A, District Use Regulations, is included as an attachment to this chapter.
19.
Transportation Services. Transportation services, as defined by this chapter, may be located, when approved as conditional uses, in the zone as specified in Schedule A[21] subject to the following:
a.
No parking shall be permitted between the front building line and the street right-of-way.
b.
Parking must be provided on site as required by this chapter, including fleet vehicles.
c.
Direct access to a State highway is required.
d.
No part of any transportation services operation or paved area shall be conducted within 50 feet of a residential zone boundary or use. A six-foot-high board-on-board or similar fence shall be installed along any residential zone boundary or use.
e.
All paved areas within the property shall be at least 10 feet from a property line, 20 feet from a street right-of-way line and 50 feet from a residential zone boundary or use and bounded by concrete curbing at least six inches above the surface.
f.
All yard areas shall be attractively landscaped with grass lawns, trees and shrubs or other vegetation or material as the Planning Board may approve or require. A row of low shrubbery planted along the edge of any parking areas along the street together with grass or vegetative ground cover is required.
g.
There shall be no outdoor storage of supplies, materials or automobile parts, whether for storage or waste.
h.
All storage tanks shall be installed below ground level per Department of Environmental Protection Regulations.
i.
Minor repair work and routine maintenance of fleet vehicles shall take place within the building, and all repair or service apparatus shall be located within the building. No major repair work may occur on premises. No major or minor repair work or routine maintenance of non-fleet vehicles may occur on premises.
j.
A maximum of two service bays are permitted.
k.
Floor drains shall not be connected to any sanitary sewer system, and they may be connected to the storm sewer system only if an oil separator has been installed prior to the location of the connector.
l.
No unlicensed motor vehicle or part thereof shall be permitted on the premises of a transportation services operation.
m.
The sale or rental of cars, trucks, trailers, boats or any other vehicles on the premises of a transportation services operation shall be prohibited.
n.
The storage of cars, trucks, trailers, boats or any other vehicles not a part of fleet operations shall be prohibited.
o.
Compliance with all bulk requirements as indicated below:
Use | Minimum Lot Requirements | Minimum Yard Requirements | Maximum Lot Coverage | Maximum Building Height | Minimum Building Separation | ||||||
|---|---|---|---|---|---|---|---|---|---|---|---|
Lot Area | Width | Front | Side | Rear | Stories | Feet | |||||
Interior | Corner | One | Total | ||||||||
Churches and places of religious worship | 3 acres | 100 feet | 120 feet | 100 feet | 50 feet | 100 feet | 100 feet | 60% | 2.5 | 35* feet | 50 feet |
[21]
Editor's Note: Schedule A, District Use Regulations, is included as an attachment to this chapter.
20.
Single Stream Recycling Facility. Single stream recycling facilities, as defined by this chapter, may be located, when approved as conditional uses, in the zone as specified in Schedule A[22] subject to the following:
a.
Single stream recycling facilities shall be limited to the following:
(1)
Single stream recycling facilities shall store and process materials only in accordance with the conditional use standards of this subsection. In addition to the foregoing, Class C Single Stream Recycling Facilities shall store and process source-separated food waste, and Class D Single Stream Recycling Facilities shall store and process Class D Recyclable Materials within enclosed buildings only.
(2)
None of the operation shall involve burning or dissolving, nor shall the process involve any chemical processing of recyclable materials.
(3)
The tract upon which the single stream recycling facility is developed shall be a separate lot located at least 1,500 feet distant from Shafto Road, measured in a straight line from lot line to street line, and shall not have direct access to either a collector or arterial street as classified on the Borough's Master Plan. Single stream recycling facilities shall not front on nor be seen from Wardell Road or Shafto Road.
(4)
The tract upon which the single stream recycling facility is developed shall be a separate lot located within 1,100 feet form an existing resource recycling facility or waste transfer station, measured in a straight line from lot line to lot line.
(5)
The perceptible noise at the lot line from the operation of equipment shall not exceed the limits established by NJDEP.
b.
Maximum lot coverage includes storage piles, storage bins, and pavement areas for driveways, aisles, parking, loading and processing areas whether paved with blacktop, concrete, crushed stone, crushed concrete, or similar material.
c.
No structure dedicated to any recycling process shall be closer than 100 feet to any existing residential use or residential zone boundary line.
d.
Whenever the property of a single stream recycling facility shall abut a residential zone boundary line or shall abut an existing residential use and there shall be outdoor storage, there shall be provided a landscaped buffer area of at least 50 feet wide and may or may not include berms contiguous with the residential use or zone boundary lines. The buffer area shall be designed and planted in accordance with this chapter except that where natural wooded features are on site and adequately provide the intended buffer, the Board may approve the existing conditions as meeting this requirement, in whole or in part.
e.
The process of Class A recyclable materials shall take place within a completely enclosed building on the premises.
f.
The processing of Class B and Class C recyclable materials (excepting therefrom source separated food waste) and scrap metal may take place outside of a building so long as the noise level at the property line shall not exceed any New Jersey State, Monmouth County, or Borough laws, rules or regulations, and so long as all storage and processing areas are either paved or of crushed concrete or stone.
g.
While recyclable materials may be temporarily stored on site as part of the operation, and while this may result in the accumulation of piles of recyclable materials that are in the process of being recycled, no individual materials brought to the site are permitted to be permanently left on site. All materials brought to the site shall be separated, ground, pulverized, packaged, and/or handled in such a way as to accomplish the recycling operation so that individual products are shipped off site as part of a continuing operation. No process is permitted as part of a recycling operation where the material is chemically altered, including the burning or incineration of any materials.
h.
No materials shall be permitted to be stored outside of a building if they are capable of eroding or causing a nuisance or a health or safety hazard by reason of contaminating the soil, the air and/or ground or surface water supply or quality; or creating litter, dust, odors, or unhealthy or unsafe conditions; or collecting and retaining water.
i.
Materials permitted to be brought on site and stored in outside storage piles or storage bins shall be stored in piles no higher than 30 feet.
j.
Hours of Operation. Single stream recycling facilities shall operate only between the hours of 7:00 a.m. and 8:00 p.m., Monday through Friday, 7:00 a.m. through 3:30 p.m., Saturday local time, and shall not operate on Sundays.
Use | Minimum Lot Requirements | Minimum Yard Requirements | Maximum Lot Coverage | Maximum Building Height | Minimum Building Separation | ||||||
|---|---|---|---|---|---|---|---|---|---|---|---|
Lot Area | Width | Front | Side | Rear | Stories | Feet | |||||
Interior | Corner | One | Total | ||||||||
Churches and places of religious worship | 3 acres | 100 feet | 120 feet | 100 feet | 50 feet | 100 feet | 100 feet | 60% | 2.5 | 35* feet | 50 feet |
[22]
Editor's Note: Schedule A, District Use Regulations, is included as an attachment to this chapter.
21.
Convenience Stores with Gas. Convenience stores with gas are permitted as a conditional use in the following zones: all nonresidential zones provided the following standards are met, together with any applicable requirements of this chapter, as follows:
a.
The minimum site area shall be 1.5 acres.
b.
The minimum lot frontage shall be 200 feet. On corner lots, the street frontage on the primary roadway shall be 200 feet, and on the secondary roadway the street frontage shall be 150 feet.
c.
There shall be no repair, maintenance or washing of motor vehicles conducted on the premises, except for customary services provided while refueling motor vehicles, such as adding vehicle fluids and washing windows, and except for self-service air pumps for tires and self-service vacuums for motor vehicles.
d.
Any fuel pumps, canopy over the fuel pumps and shelter for pump attendants shall be located at least 100 feet from any residential use located in a residential zone district, and 50 feet from any property line.
e.
Must have frontage on an arterial or major collector street.
f.
Maximum canopy height of 18 feet to the peak of the canopy.
g.
Parking: one space for every 200 square feet of building footprint plus one space for each employee at the maximum shift.
h.
No direct glare from the lights shall fall upon adjoining streets or properties.
i.
The sale, rental or lease of new or used vehicles is prohibited.
j.
A four-season buffer, 25 feet wide, shall be provided on any lot line adjacent to a residential use or zone. A ten-foot buffer shall be provided to any nonresidential use.
k.
All fuel, oil or similar volatile substances shall be stored as per National Fire Prevention Association Standards.
l.
All unpaved areas of the site shall be graded and planted with grass, shrubs, trees or other suitable landscaping material.
m.
There shall be no drive-through facilities associated with the convenience store.
n.
Outdoor solid waste disposal containers and dumpsters shall be contained within masonry structures with the same fascia material as the convenience store or gas station building.
o.
A traffic study by a licensed professional engineer in the State of New Jersey shall be provided; either completed during peak time and season or adjusted for such. The study shall include delivery and fuel truck maneuvers as well as on-site ingress and egress routes.
p.
The proposed convenience store with gas is located at least 2,500 feet in any direction from any other existing convenience store with gas or existing gas station that maintains a convenience store, only if the existing convenience store is 2,000 square feet or greater.
q.
If a car wash is proposed, the subject property should be two acres in size.
r.
Convenience stores shall be permitted, provided that:
(1)
They contain not less than 2,000 square feet and not more than 6,500 square feet of gross floor area.
(2)
Parking and pedestrian circulation for the handicapped shall conform with the Americans with Disabilities Act.[23]
[23]
Editor's Note: See 42 U.S.C. § 12101 et seq.
(3)
The location and access to the convenience store does not impede or interfere with vehicular and pedestrian circulation to and from the fuel pumps.
22.
Cannabis Facilities. Cannabis class uses (other than alternative treatment centers) shall be permitted as a conditional use if in compliance with the following conditions:
a.
Hours of Operation. Cannabis retail establishments are permitted the following hours of operation:
(1)
Monday through Saturday: 9:00 a.m. to 10:00 p.m.;
(2)
Sunday: 11:00 a.m. to 7:00 p.m.
b.
Location. The permitted location of such uses shall be in accordance with the current New Jersey State requirements in addition to the following:
(1)
Classes 1, 2, 3, 4, and 5 shall be located in the MFG Manufacturing Zone, the MFG2 Manufacturing Zone or IOP Industrial Office Park Zone, and only in locations to the south of Pinebrook Road.
(2)
Class 5 licensees shall not be located less than 1,000 feet from the property line of any property used for school purposes.
(3)
Class 6 Delivery Service shall be prohibited in any location or zoning district within Tinton Falls.
c.
Permitted Classes of Licenses (as defined by the State of New Jersey). The following classes or combination of are permitted pursuant to the conditional use limitations enumerated above:
(1)
Class 1: Cannabis Cultivator.
(2)
Class 2: Cannabis Manufacturer.
(3)
Class 3: Cannabis Wholesaler.
(4)
Class 4: Cannabis Distributor.
(5)
Class 5: Cannabis Retailer.
d.
Quantity. There shall be no more than two of each Class 1 Cannabis Cultivator facilities, Class 2 Cannabis Manufacturer facilities, Class 3 Cannabis Wholesaler facilities, Class 4 Cannabis Distributor facilities and Class 5 Cannabis Retail facilities.
e.
Cannabis Consumption Areas. Cannabis consumption areas are prohibited.
f.
Bulk Requirements. All bulk requirements shall be in accordance with § 40-28E, Schedule B,[24] with the exception of any bulk variances previously granted by the Planning Board or Zoning Board during prior site plan approval for the site.
[24]
Editor's Note: Schedule B, District Bulk Regulations, is included as an attachment to this chapter.
