Tinton Falls City Zoning Code
§ 40-35
CERTAIN PERMITTED USES.
[Ord. #04-1114; amended 10-1-2019 by Ord. No. 2019-1452; 12-3-2024 by Ord. No. 2024-1518]
A.
Childcare Centers. Childcare centers are permitted uses in all nonresidential zones and shall be licensed by the New Jersey Department of Human Services. The floor area occupied in any building or structure as a child care center shall be excluded in calculating (1) any parking requirement otherwise applicable to that number of units or amount of floor space, as appropriate, under State or local laws or regulations adopted thereunder; and (2) the permitted density allowable for that building or structure. New buildings shall comply with Borough parking standards.
1.
Minimum Off-Street Parking: Four spaces, plus one space for each school vehicle, but in any event not less than either two spaces per teacher and teacher's aide, or 0.2 space per student based on the State's approved capacity of the facility, whichever is less.
2.
Minimum Drop-Off Area: An on-site area shall be provided separate from the parking spaces for temporary parking so students leaving vehicles have access to a sidewalk leading into the school without the child having to cross a street, parking lot, loading area, driveway or aisle.
3.
Minimum Recreation Area: All outdoor recreation areas shall be fenced and no closer to any lot line than 20 feet. All recreation areas shall be screened from adjoining lots by massed evergreens spaced so as to provide a dense visual screen to buffer the center's activities from adjacent residences. The amount of outdoor recreation area shall be based on the requirements of the New Jersey Department of Human Services.
B.
Essential Services. Public utility lines for the transportation, distribution and/or control of water, electricity, gas, oil, and telephone communications, and their supporting members, other than buildings and structures, including pipes, shall not be required to be located on a lot, nor shall this Chapter be interpreted to prohibit the use of a property in any zone for the above uses. For purposes of this provision, wireless communications facilities shall not be deemed an essential service.
C.
Temporary Offices. Trailers or mobile structures used as temporary offices, workshops or for the storage of equipment and materials in connection with permitted construction of new buildings or structures may be temporarily permitted on the same site during the actual period of construction. The Construction Official shall issue a temporary permit. Such structure shall not be located so as to be detrimental to any adjoining property, shall be subject to site plan approval and shall be removed from the site prior to the issuance of a Certificate of Occupancy for the permitted construction project or building.
D.
Community Residences. Community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill and community residences for persons with head injuries shall be permitted in all residential districts and the requirements shall be the same as for single-family dwelling units located within such districts.
E.
Sexually Oriented Businesses.
1.
No person shall operate a sexually oriented business within 1,000 feet of any existing sexually oriented business, or any church, synagogue, temple or other place of public worship, or any elementary or secondary school or any school bus stop, or any municipal or County playground or place of public resort and recreation, or any hospital or any child care center, or within 1,000 feet of any area zoned for residential use. This subsection shall not apply to a sexually oriented business already lawfully operating on the effective date of this paragraph where another sexually oriented business, an elementary or secondary school or school bus stop, or any municipal or County playground or place of public resort and recreation, or any hospital or any child care center, is subsequently established within 1,000 feet, or a residential district or residential lot is subsequently established within 1,000 feet.
2.
Every sexually oriented business shall be surrounded by a perimeter buffer of at least 50 feet in width with plantings, fence, or other physical divider along the outside of the perimeter sufficient to impede the view of the interior of the premises in which the business is located. The municipality may, by ordinance, require the perimeter buffer to meet additional requirements or standards. This subsection shall not apply to a sexually oriented business already lawfully operating on March 16, 2004
3.
No sexually oriented business shall display more than two exterior signs, consisting of one identification sign and one sign giving notice that the premises are off limits to minors. The identification sign shall be no more than 40 square feet in size.
F.
Self Storage Facilities.
1.
Self storage facilities shall have perimeter walls of a finished material (painted or unpainted cinder block or concrete block is not permitted).
2.
The perimeter walls shall be solid with no means of access to individual storage units (all entrances to the storage areas shall be from the interior of the site). Up to three common exterior doors are permitted to allow common access to the interior of the building.
3.
All material being stored shall be stored inside the building(s) including boats, motor vehicles, trailers, bulk items, and any and all other material.
4.
No building shall exceed a height of 40 feet.
5.
There shall be a minimum seventy-five-foot buffer area along any residential zoning district and 25 feet elsewhere.
G.
Warehouses.
1.
The maximum lot area shall be 10 acres.
2.
The minimum percentage of gross floor area used for warehousing shall be 90% of the total building size.
3.
All major access shall be via arterial and collector streets as classified in the Master Plan to avoid truck and employee traffic from filtering through residential neighborhoods, but driveway access to each lot shall be from streets interior to the industrial development and not directly from an arterial or collector street.