Tuckerton City Zoning Code
ARTICLE IV
Conditional Uses
§ 255-20 Purpose of standards.
These standards are intended to provide the Planning Board with a guide for the purpose of reviewing applications for conditional uses as provided for by district. In reviewing an application, the Planning Board may act on site plans submitted to it or may suggest modifications and changes. In approving an application, the Planning Board may require, in addition to features specified, such other features or design, in keeping with the intent thereof, that will further the purpose of these standards and regulations. Such features shall be provided and maintained as a condition of the establishment and maintenance of any use to which they are a condition of approval.
§ 255-21 Public utilities.
A.
Uses such as high-voltage transmission lines, towers and substations, sewage pumping stations, wells and sewage treatment plants, but no service or storage yards, may be permitted. The provisions of this section shall not apply to any existing or proposed building, structure or use or extensions thereof used or to be used by public utilities in furnishing service if, upon petition of the public utility, the Public Utility Commission shall, after public hearing, decide that the present or proposed location in question is reasonably necessary for the convenience and welfare of the public.
B.
The use shall clearly demonstrate the need to serve the health, safety and welfare of the community and surrounding municipalities.
§ 255-22 Philanthropic or charitable uses.
Philanthropic or charitable uses not otherwise specifically permitted by zone or set forth elsewhere in this article, except correctional institutions, may be permitted, provided that the following standards and conditions are complied with. The lot upon which such use is proposed shall conform to the following standards and requirements.
A.
Minimum lot area: two acres.
B.
Minimum front, rear and side yard areas: 50 feet.
C.
Maximum lot coverage: 25%.
D.
Off-street parking space shall be required in accordance with the following standards: Philanthropic and charitable uses, one space for each 400 square feet of gross floor area.
E.
The proposed use will in no way be detrimental to the surrounding property rights and the structure or use proposed will serve a useful purpose in the Borough and otherwise promote the general welfare of its residents.
§ 255-23 Quasi-public buildings and recreation areas.
Quasi-public buildings and recreation areas, including clubhouses, parks and playgrounds, golf courses, swimming pools, tennis courts and such other activities operated by nonprofit membership organizations, may be permitted, provided that the following standards and conditions are complied with.
A.
The proposed use is to be operated by a bona fide nonprofit organization created solely for the recreation and enjoyment of the members of said organization.
B.
It is ascertained by the Planning Board that the proposed use in the proposed location will not adversely affect the safe and comfortable enjoyment of property rights or otherwise adversely affect the value of adjacent properties, that the design of any structures erected in connection with such use is in keeping with the general character of the area, and that sufficient landscaping, including trees, shrubs and lawns, are provided to serve as a buffer, as required by this chapter, between said use and adjoining residential properties and to ensure an attractive appearance for the use.
C.
The property proposed to be occupied by such use shall have a minimum lot area of five acres. Not more than 20% of the land area shall be occupied by the buildings and structures.
D.
No building, structure or active recreation facilities shall be located within 100 feet of an adjacent residential property line.
E.
The maximum membership limit of said organization shall be fixed at the time of application and shall be commensurate to the amount of land to be used and the exact nature of the use. No further expansion of said membership shall be made unless supplemental approval is granted by the Planning Board.
F.
Off-street parking space shall be provided at a ratio of one space for each two memberships permitted under the terms of the conditional use.
§ 255-24 Gasoline filling stations.
A.
The use shall be located on a lot of no less than one acre, and no more than three service stations shall be permitted within one linear mile as measured along existing public streets.
B.
All filling pumps and structures shall be located at least 25 feet from the front, side and rear property lines and at least 50 feet from the boundary of a residentially zoned lot.
C.
The proposed use shall in no way be detrimental to the health, safety and general welfare of the Borough, nor shall it result in a depression of any established property values in the general area.
§ 255-25 Commercial recreation activities.
Commercial recreation uses and activities, limited to miniature golf courses, golf courses, driving ranges and swimming pools, indoor and outdoor tennis and racquetball courts, may be permitted, provided that the following standards and conditions are complied with:
A.
The proposed use shall comply with all yard and area requirements for the B-2 District regardless of the zone in which located.
B.
Whenever the property abuts or is across the street from a residential zone, a buffer area shall be established conforming to the requirements set forth for such areas in the B-2 District.
C.
Any signs to be erected shall conform to the requirements set forth for other uses in the B-2 District in Article VIII.
D.
The proposed use shall in no way be detrimental to the health, safety and general welfare of the Borough, nor shall it result in a depression of any established property values in the general area.
E.
No portion of the outdoor recreation area shall encroach upon the required setbacks.