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Vernon Township City Zoning Code

§ 330-189

Conditional uses.

Pursuant to N.J.S.A. 40:55D-67, certain conditional uses shall be and are hereby recognized in certain districts notwithstanding the fact that such uses may be permitted or prohibited in certain other districts. Such uses shall be granted according to the following respective specifications and standards:
A. 
General conditions applicable to all conditional uses.
(1) 
Submission and approval of a complete application for site plan approval, and performance of any terms and conditions thereof, provided that this subsection shall not be construed to require the submission of a site plan for a detached single-family or two-family residence when such residence is a conditional use in any zone.
(2) 
Timely receipt of a favorable report on the application by the Sussex County Planning Board when necessary pursuant to N.J.S.A. 40:27-6 et seq., or approval as a result of that Board's failure to report thereon within the required time period.
(3) 
Approval by such other governmental agencies as may have approval powers with respect to the application, together with the timely fulfillment of any terms and conditions thereof.
(4) 
Satisfaction of all zoning requirements for the respective district contained in Schedules A and B[1] unless the use is more particularly regulated pursuant to this section, in which event the more particular regulation(s) shall control.
[1]
Editor's Note: Schedules A and B are located at the end of this chapter.
(5) 
Satisfaction of all design standards pursuant to Article VII et seq. with respect to site plans and subdivisions unless the use is more particularly regulated pursuant to this section, in which event the more particular regulation(s) shall control.
(6) 
Satisfaction of all pertinent requirements of this article unless such requirement(s) are supplemented by one or more particular conditions under Subsection B of this section.
(7) 
Satisfaction of all performance standards pursuant to § 330-205 unless the use is more particularly regulated pursuant to this section, in which event the more particular regulation(s) shall control.
B. 
Particular additional conditions as to certain uses.
(1) 
Art center in the C-2, AET and TC Districts.
(a) 
The architectural design of the facility shall be in accord with the prevailing character of the neighborhood and district, and shall be complementary to historical or other desirable examples of local architecture.
(b) 
The proposed site shall abut an arterial or collector street.
(c) 
Off-street parking shall be provided as follows: (Reserved)
(d) 
All parking facilities shall be located at least 25 feet from a street or property line.
(e) 
Lot regulations.
[1] 
Minimum lot size: 4 acres.
[2] 
Minimum lot width: 250 feet.
[3] 
Minimum front yard setback: 75 feet.
[4] 
Minimum side yard: 50 feet.
[5] 
Minimum rear yard setback: 100 feet.
[6] 
Maximum building height: 50 feet or 50% of any design setback, whichever is less.
[7] 
Maximum building coverage: 35%.
[8] 
Maximum lot coverage: 75%.
(2) 
Auto service station in the C-1 and C-2 Districts.
(a) 
No such facility shall be located closer than 1,000 feet to any other such facility.
(b) 
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 25 feet from the street right-of-way line, at least 50 feet from a residential zone boundary and at least 25 feet from any property line.
(c) 
No such facility shall be located within 500 feet of any school, place of worship, hospital, library, park, playground, or other governmental or public facility or building.
(d) 
No such facility shall be located within 200 feet of a residence nor within 100 feet of a residential district.
(e) 
At least 25% of the lot shall be devoted to vegetative cover.
(f) 
Each such facility and site shall be screened by dense evergreens.
(g) 
Paving and curbing requirements. Pavement improvements shall be consistent with Figure 4.3 in N.J.A.C. Title 5, Chapter 21. Curbs shall be granite block.
(h) 
Driveways.
[1] 
Driveway width: 24 feet to 36 feet.
[2] 
Minimum distance between driveway openings: 50 feet.
[3] 
Minimum distance of facility driveway(s) from driveways on adjacent properties: 20 feet.
[4] 
Curb radius: 20 feet to 35 feet.
(i) 
No unregistered or disabled vehicles and no parts or tire equipment shall be stored outside, and all vehicle repairs shall be routinely normally accomplished inside a building.
(j) 
All storage tanks shall be installed below ground and otherwise in accordance with all prevailing laws, regulations and standards pertaining thereto.
(k) 
Lot regulations.
[1] 
Minimum lot size: 20,000 square feet.
[2] 
Minimum lot width: 150 feet.
[3] 
Minimum front yard setback: 50 feet (to principal building).
[4] 
Minimum side yard setback: 50 feet.
[5] 
Minimum rear yard setback: 50 feet.
[6] 
Maximum building height: 30 feet.
[7] 
Maximum building coverage: 35%.
[8] 
Maximum lot coverage: 75%.
(3) 
Boarding stable in the C-1 Districts.
(a) 
Each such stable facility shall be part of and associated with a horse farm on three or more acres.
(b) 
Lot regulations.
[1] 
Minimum lot size: 3 acres.
[2] 
Minimum lot width: 150 feet.
[3] 
Minimum front yard setback: 75 feet.
[4] 
Minimum side yard setback: 50 feet.
[5] 
Minimum rear yard setback: 50 feet.
[6] 
Maximum building height: 40 feet.
[7] 
Maximum building coverage: 35%.
[8] 
Maximum lot coverage: 50%.
(4) 
Bus stop shelter in the C-1, C-2, C-3, CR and TC Districts:
[Amended 12-13-1999 by Ord. No. 99-27]
(a) 
It shall be demonstrated that the designed facility in the proposed location is safe, necessary, convenient and efficient with respect to the use of public transportation, and that the same will result in the facilitation of transportation service to a neighborhood, community or area.
(b) 
The architectural design of the facility shall be in accord with the prevailing character of the neighborhood and district, and shall be complementary to historical or other desirable examples of local architecture.
(c) 
Proof shall be shown that use of the proposed facility will not significantly impair the use and enjoyment of neighboring properties, nor pose any significant risks or hazards to public safety.
(d) 
All bulk requirements for the respective zone pursuant to Schedule B[2] shall be satisfied.
[2]
Editor's Note: Schedule B, Bulk and Yard Requirements, is included at the end of this chapter.
(5) 
Campgrounds (public) in the AET Districts.
(a) 
Principal uses shall be limited to recreational and/or instructional camp facilities and public campgrounds, including campsites for tents, lean-to(s), recreational vehicles, and cabins, excepting cabins for permanent, year-round or extended occupancy and/or dwelling purposes.
(b) 
All requirements of N.J.S.A. 26:4A-4 et seq. and N.J.A.C. 8:22-1.1 et seq. shall be satisfied with respect to, but not limited to, review and approval by the Health Department, NJDEP and other appropriate governmental agencies, construction, composition of a campground, potable water supply, water closets and showers, sanitation, solid waste, management, utilities, stormwater drainage, auxiliary buildings, fire safety, infestation control, emergencies and public bathing.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(c) 
Outdoor storage of materials or equipment shall be prohibited except where the same is appropriate or necessary to the safety and/or reasonable function of the facility.
(d) 
No permanent residency shall be allowed within a campground facility.
(e) 
All requirements of § 330-185 as shall be satisfied.
(6) 
Church/place of worship in residential districts and the C-1 District.
(a) 
The proposed site shall abut an arterial or collector street.
(b) 
Off-street parking shall be provided as follows: the greater of one space per three seats or one space per 60 inches of seating pew; plus one space per 30 square feet of church hall area.
(c) 
All parking facilities shall be located at least 10 feet from a street or property line.
(d) 
Lot regulations.
[1] 
Minimum lot size: three acres.
[2] 
Minimum lot width: 200 feet.
[3] 
Minimum front yard setback: 50 feet.
[4] 
Minimum side yard setback: 50 feet.
[5] 
Minimum rear yard setback: 50 feet.
[6] 
Maximum building height: 40 feet; at steeple: 75 feet.
[7] 
Maximum building coverage: 35%.
[8] 
Maximum lot coverage: 75%.
(7) 
Conference rooms in the C-1, C-2, C-3, CR, AET and TC Districts.
[Amended 12-13-1999 by Ord. No. 99-27; 1-28-2002 by Ord. No. 02-04]
(a) 
A conference room shall be associated with and be part of an inn, lodge or bed-and-breakfast establishment.
(b) 
Parking requirements for the dominant use shall be adjusted upward by a ratio of one additional space per 30 square feet of conference room area or per three persons of design occupancy, whichever is greater.
(8) 
Funeral homes in the C-1 District.
(a) 
The architectural design of the facility shall be in accord with the prevailing character of the neighborhood and district, and shall be complementary to historical or other desirable examples of local architecture.
(b) 
The proposed site shall abut an arterial or collector street.
(c) 
Off-street parking shall be provided as follows: one space per 30 square feet of viewing room; plus one space per every 200 square feet of building area.
(d) 
All parking facilities shall be located at least 10 feet from a street or property line.
(e) 
Lot regulations.
[1] 
Minimum lot size: two acres.
[2] 
Minimum lot width: 200 feet.
[3] 
Minimum front yard setback: 75 feet.
[4] 
Minimum side yard setback: 50 feet.
[5] 
Minimum rear yard setback: 100 feet.
[6] 
Maximum building height: 35 feet.
[7] 
Maximum building coverage: 35%.
[8] 
Maximum lot coverage: 75%.
(9) 
Garage (repair) in the C-2 Zone.
(a) 
Proof shall be shown that use of the proposed facility will not significantly impair the use and enjoyment of neighboring properties, nor pose any significant risks or hazards to public safety.
(b) 
No such facility shall be located closer than 1,000 feet to any other such facility.
(c) 
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 25 feet from the street right-of-way line, at least 50 feet from a residential zone boundary and at least 25 feet from any property line.
(d) 
No such facility shall be located within 500 feet of any school, place of worship, hospital, library, park, playground, or other governmental or public facility or building.
(e) 
No such facility shall be located within 750 feet of a residence nor within 750 feet of a residential district.[4]
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(f) 
At least 25% of the lot shall be devoted to vegetative cover.
(g) 
Each such facility and site shall be screened by dense evergreens.
(h) 
Special paving and curbing requirements: per Figure 4.3 of N.J.A.C. Title 5, Chapter 21.
(i) 
Driveways.
[1] 
Driveway width: 24 feet to 36 feet.
[2] 
Minimum distance between driveway openings: 50 feet.
[3] 
Minimum distance of facility driveway(s) from driveways on adjacent properties: 20 feet.
[4] 
Curb radius: 20 feet to 35 feet.
(j) 
No unregistered or disabled vehicles and no parts or equipment shall be stored outside, and all vehicle repairs shall be accomplished inside a building.
(k) 
All storage tanks shall be installed below ground and otherwise in accordance with all prevailing laws, regulations and standards pertaining thereto.
(l) 
Lot regulations.
[1] 
Minimum lot size: 30,000 square feet.
[2] 
Minimum lot width: 125 feet.
[3] 
Minimum front yard setback: 50 feet.
[4] 
Minimum side yard setback: 50 feet as to building.
[5] 
Minimum rear yard setback: 40 feet.
[6] 
Maximum building height: 30 feet.
[7] 
Maximum building coverage: 35%.
[8] 
Maximum lot coverage: 75%.
(10) 
Golf course (miniature) in the AET District.
[Amended 12-13-1999 by Ord. No. 99-27]
(a) 
The proposed site shall abut an arterial or collector street.
(b) 
Off-street parking shall be provided as follows: 1.5 spaces per hole.
(c) 
All parking facilities shall be located at least 10 feet from a street or property line.
(d) 
Design theme(s) shall be harmonized with the natural environment, and structural development of the site shall be minimal.
(e) 
Lot regulations.
[1] 
Minimum lot size: 30,000 square feet.
[2] 
Minimum lot width: 200 feet.
[3] 
Minimum front yard setback: 30 feet to course; 50 feet to building.
[4] 
Minimum side yard setback: 20 feet to course; 50 feet to building.
[5] 
Minimum rear yard setback: 20 feet to course; 50 feet to building
[6] 
Maximum building height: 30 feet.
[7] 
Maximum building coverage: 25%.
[8] 
Maximum lot coverage: 75% (total impervious coverage).
(11) 
Health club in the AET District.
[Amended 12-13-1999 by Ord. No. 99-27]
(a) 
The proposed site shall abut an arterial or collector street.
(b) 
Off-street parking shall be provided as follows: one space per 300 square feet of gross building areas; plus 0.8 space per exercise station.
(c) 
All parking facilities shall be located at least 10 feet from a street or property line.
(d) 
The architectural design of the facility shall be in accord with the prevailing character of the neighborhood and district, and shall be complementary to historical or other desirable examples of local architecture.
(e) 
Lot regulations.
[1] 
Minimum lot size: two acres.
[2] 
Minimum lot width: 250 feet.
[3] 
Minimum front yard setback: 100 feet.
[4] 
Minimum side yard setback: 75 feet.
[5] 
Minimum rear yard setback: 100 feet.
[6] 
Maximum building height: 50 feet or 50% of any design setback, whichever is less.
[7] 
Maximum building coverage: 35%.
[8] 
Maximum lot coverage: 75%.[5]
[5]
Editor's Note: Original Sec. 1147b12, Health services, as amended 12-13-1999 by Ord. No. 99-27, which previously followed this subsection, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(12) 
Home professional office in the R-1, R-2, R-3, R-4, PLC and TC Districts.
[Amended 12-13-1999 by Ord. No. 99-27]
(a) 
No more than two persons not residing in the building shall be employed on the premises.
(b) 
The residential character of the premises shall remain substantially unchanged.
(c) 
The building shall continue to serve as the principal residence of the professional practitioner.
(d) 
Not more than 40% of the total inhabitable floor area of the building may be used for the professional office.
(e) 
Off-street parking shall be provided as follows: one space per 200 square feet of office area, plus two spaces for the resident family, not counting garage spaces.
(f) 
All bulk requirements for the respective zone pursuant to Schedule B[6] shall be satisfied.
[6]
Editor's Note: Schedule B, Bulk and Yard Requirements, is included at the end of this chapter.
(13) 
Hotels in the TC District.
[Amended 12-13-1999 by Ord. No. 99-27]
(a) 
The proposed site shall abut an arterial or collector street.
(b) 
Off-street parking shall be provided as follows: one space per room, plus one space for every 200 square feet of all other areas.
(c) 
All parking facilities shall be located at least 10 feet from a street or property line.
(d) 
The architectural design of the facility shall be in accord with the prevailing character of the neighborhood and district, and shall be complementary to historical or other desirable examples of local architecture.
(e) 
Lot regulations.
[1] 
Minimum lot size: three acres.
[2] 
Minimum lot width: 125 feet.
[3] 
Minimum front yard setback: as per district requirements.
[4] 
Minimum side yard setback: as per district requirements.
[5] 
Minimum rear yard setback: as per district requirements.
[6] 
Maximum building height: 75 feet or 25% of design setback, whichever is less.
[7] 
Maximum building coverage: 35%.
[8] 
Maximum lot coverage: 75%.
(14) 
Inns in the TC District.
[Amended 12-13-1999 by Ord. No. 99-27]
(a) 
The proposed site shall abut an arterial or collector street.
(b) 
Off-street parking shall be provided as follows: one space per sleeping room and one space for every 200 square feet of public rooms/areas.
(c) 
All parking facilities shall be located at least 10 feet from a right-of-way or lot line.
(d) 
The architectural design of the facility shall be in accord with the prevailing character of the neighborhood and district, and shall be complementary to historical or other desirable examples of local architecture.
(e) 
Lot regulations.
[1] 
Minimum lot size: two acres.
[2] 
Minimum lot width: 250 feet.
[3] 
Minimum front yard setback: as per district requirements.
[4] 
Minimum side yard setback: as per district requirements.
[5] 
Minimum rear yard setback: as per district requirements.
[6] 
Maximum building height: 35 feet.
[7] 
Maximum building coverage: 35%.
[8] 
Maximum lot coverage: 75%.
(15) 
Institutional uses in the residential districts and C-1, C-3 and TC Districts:
[Amended 12-13-1999 by Ord. No. 99-27]
(a) 
The proposed site shall abut an arterial or collector street.
(b) 
Off-street parking shall be provided as per the requirements for such uses contained in this chapter.
(c) 
All parking facilities shall be located at least 10 feet from a street or lot line.
(d) 
The architectural design of the facility shall be in accord with the prevailing character of the neighborhood and district, and shall be complementary to historical or other desirable examples of local architecture.
(e) 
All bulk requirements for the respective zone pursuant to Schedule B[7] shall be satisfied.
[7]
Editor's Note: Schedule B, Bulk and Yard Requirements, is included at the end of this chapter.
(16) 
Kennels in the AET Districts: (Reserved)
(17) 
Public utilities in all districts: (Reserved) (See § 330-188, Public utilities; restoration guaranty.)
(18) 
Racquet sports facilities in the AET Districts.
(a) 
The proposed site shall abut an arterial or collector street.
(b) 
Off-street parking shall be provided as follows: one space per court, plus one space per 200 square feet of common area and/or office area.
(c) 
All parking facilities shall be located at least 10 feet from a street or property line.
(d) 
The architectural design of the facility shall be in accord with the prevailing character of the neighborhood and district, and shall be complementary to historical or other desirable examples of local architecture.
(e) 
Lot regulations.
[1] 
Minimum lot size: two acres.
[2] 
Minimum lot width: 150 feet.
[3] 
Minimum front yard setback: as per district requirements.
[4] 
Minimum side yard setback: as per district requirements.
[5] 
Minimum rear yard setback: as per district requirements.
[6] 
Maximum building height: 50 feet or 50% of any design setback, whichever is less.
[7] 
Maximum building coverage: 35%.
[8] 
Maximum lot coverage: 75%.[8]
[8]
Editor's Note: Original Sec. 1147b20, Recreation facility in the LCR District, which previously followed this subsection, was repealed 12-13-1999 by Ord. No. 99-27.
(19) 
Recreation facility (commercial) in the AET District.
[Amended 12-13-1999 by Ord. No. 99-27]
(a) 
The proposed site shall abut an arterial or collector street.
(b) 
Off-street parking shall be provided as follows: one space per 200 feet of building common area, plus one space per room, plus one space per acre, plus one space per 30 square feet of pavement or deck, plus 0.8 space for each exercise station.
(c) 
All parking facilities shall be located at least 10 feet from a street or property line.
(d) 
The architectural design of the facility shall be in accord with the prevailing character of the neighborhood and district, and shall be complementary to historical or other desirable examples of local architecture.
(e) 
Lot regulations.
[1] 
Minimum lot size: as per district requirements.
[2] 
Minimum lot width: 250 feet.
[3] 
Minimum front yard setback: 100 feet.
[4] 
Minimum side yard setback: 100 feet.
[5] 
Minimum rear yard setback: 100 feet.
[6] 
Maximum building height: 75 feet or 25% of design setback, whichever is less.
[7] 
Maximum building coverage: 15%.
[8] 
Maximum lot coverage: 30%.[9]
[9]
Editor's Note: Original Sec. 1147b22, Recreation development in the LCR District, and Sec. 1147b23, Resort in the LCR District, which previously followed this subsection, were repealed 12-13-1999 by Ord. No. 99-27.
(20) 
Resort-oriented housing in the CR District.
[Amended 12-13-1999 by Ord. No. 99-27]
(a) 
The tract or site proposed for development shall be associated with a ski area, regulation golf course and/or lake(s).
(b) 
Minimum lot, tract or site size: 100 acres.
(c) 
Maximum density: 1.5 dwelling units per acre.
(d) 
Residential cluster development and open space preservation pursuant to §§ 330-201 and 330-202 shall be required.
(e) 
All bulk requirements pertaining to the R-2 District shall be applied.[10]
[10]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(f) 
Off-street parking shall be designed to provide a total of two parking spaces, at least one of which shall be in a garage.[11]
[11]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(g) 
A plot plan shall be submitted for each proposed lot, showing suitable designs for driveway location and grade, existing and proposed grade contours, drainage plan, sewage disposal and location of the proposed dwelling and any accessory structures.
(h) 
The provisions of § 330-83 regarding steep slopes notwithstanding, resort-oriented housing associated with a ski area shall require no buffer as to steep slopes and may be constructed on slopes exceeding a fifteen-percent grade, provided such housing can be otherwise suitably developed pursuant to this chapter, the Uniform Construction Code, and good engineering practices.
(21) 
Restaurants in the AET District.
(a) 
The proposed site shall abut an arterial or collector street.
(b) 
Off-street parking shall be provided as follows: one space for every three seats, plus one space per every bar seat.
(c) 
All parking facilities shall be located at least 10 feet from a street or property line.
(d) 
The architectural design of the facility shall be in accord with the prevailing character of the neighborhood and district, and shall be complementary to historical or other desirable examples of local architecture.
(e) 
Lot regulations.
[1] 
Minimum lot size: one acre.
[2] 
Minimum lot width: 150 feet.
[3] 
Minimum front yard setback: 50 feet.
[4] 
Minimum rear yard setback: 50 feet.
[5] 
Maximum building height: 35 feet.
[6] 
Maximum building coverage: 35%.
[7] 
Maximum lot coverage: 75%.
(22) 
Retail sales, outdoor, in the AET District.
[Amended 12-13-1999 by Ord. No. 99-27]
(a) 
The proposed site shall abut an arterial or collector street.
(b) 
Off-street parking shall be provided as follows: one space per 120 square feet of indoor floor area, plus one space per 500 square feet of outdoor display area.
(c) 
The definition of "retail sales, outdoors" notwithstanding, only the outdoor display and sale of garden, landscaping and farm supplies, flowers, shrubs, plants, and produce, shall be permitted in these districts.
(d) 
All bulk requirements for the respective districts shall be satisfied, except that all outdoor sales items must be located at least 50 feet from the front yard property line and 25 feet from any side or rear yard property line.
(23) 
School bus shelters in all residential districts, C-2, C-3 and TC Districts.
[Amended 12-13-1999 by Ord. No. 99-27]
(a) 
A statement of need and site-suitability from an authorized school official shall be produced.
(b) 
An enforceable maintenance plan shall be submitted and approved.
(c) 
Proof of insurance coverage shall be filed annually with the Township Clerk showing the Township of Vernon and/or its assigns (including but not limited to the Board of Education) to be insured in an amount acceptable to the governing body or its designee(s).
(24) 
Shopping center in the C-1 District:
(a) 
The proposed site shall abut an arterial or collector street.
(b) 
Off-street parking shall be provided as follows: one space per 120 square feet of gross building area.
(c) 
All parking facilities shall be located at least 10 feet from a street or property line.
(d) 
The architectural design of the facility shall be in accord with the prevailing character of the neighborhood and district, and shall be complementary to historical or other desirable examples of local architecture.
(e) 
Lot regulations.
[1] 
Minimum lot size: three acres.
[2] 
Minimum lot width: 200 feet.
[3] 
Minimum front yard setback: 75 feet.
[4] 
Minimum side yard setback: 50 feet.
[5] 
Minimum rear yard setback: 75 feet.
[6] 
Maximum building height: 35 feet.
[7] 
Maximum building coverage: 35%.
[8] 
Maximum lot coverage: 75%.
(25) 
Single-family dwellings in all nonresidential districts. (Reserved)
(26) 
Ski areas in the AET District.
[Amended 12-13-1999 by Ord. No. 99-27]
(a) 
The proposed site shall abut an arterial or collector street.
(b) 
Off-street parking shall be provided as follows: one space per chair, plus one space per 120 square feet of common building area.
(c) 
All parking facilities shall be located at least 10 feet from a street or property line.
(d) 
Lot regulations.
[1] 
Minimum lot size: 25 acres.
[2] 
Minimum lot width: 300 feet.
[3] 
Minimum front yard setback: 100 feet as to any building and any slope.
[4] 
Minimum side yard setback; 100 feet as to any building and any slope.
[5] 
Minimum rear yard setback: 100 feet as to any building and any slope.
[6] 
Maximum building height: 35 feet.
[7] 
Maximum building coverage: 1%.
[8] 
Maximum lot coverage: 15%.
(27) 
Temporary outdoor activities in all zones. The applicant shall show cause to the reasonable satisfaction of the Zoning Official that temporary parking, sanitary provisions, fire prevention, safety conditions and noise conditions are or will be such that a permit can and should be issued. Based upon the nature of the proposed activity, the Zoning Official may request a site plan and other pertinent documentation and prior approval of the Police, Health and Human Services, Fire Prevention, Building and Zoning Departments, and any other approving authority as deemed appropriate, before the issuance of such permit.
[Amended 1-28-2002 by Ord. No. 02-04]
(28) 
Theaters in the CR District.[12]
(a) 
The proposed site shall abut an arterial or collector street.
(b) 
Off-street parking shall be provided as follows: one space per every two seats.
(c) 
All parking facilities shall be located at least 10 feet from a street or property line.
(d) 
The architectural design of the facility shall be in accord with the prevailing character of the neighborhood and district, and shall be complementary to historical or other desirable examples of local architecture.
(e) 
Lot regulations.
[1] 
Minimum lot size: five acres.
[2] 
Minimum lot width: as per district requirements.
[3] 
Minimum front yard setback: as per district requirements.
[4] 
Minimum rear yard setback: as per district requirements.
[5] 
Maximum building height: 60 feet or 25% of the nearest setback (up to a maximum of 60 feet), whichever is less.
[6] 
Maximum building coverage: 35%.
[7] 
Maximum lot coverage: 75%.
[12]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(29) 
Mountain Resort in the CR District.
[Added 11-15-2001 by Ord. No. 01-26]
(a) 
There shall be resort village, residential village, and mountain retreat components to a mountain resort, all operated by a single entity in a common theme. The use shall only be available to a developer who submits a general development plan for approval to the Planning Board pursuant to the requirements of N.J.S.A. 40:55D-45 et seq., and who enters into a development agreement memorializing the various elements of the plan in anticipation of the submission of an application or applications for site plan approval in phases or as a single entity.
(b) 
There shall be no more than 1,650 resort units among the various components and properties included in the mountain resort, including hotel or lodge units, townhouses, duplexes, and/or other vacation-type units.
(c) 
The minimum required tract area shall be 700 acres located in the CR Zone District. The lots comprising the mountain retreat component need not be contiguous, and need not be contiguous to the lots comprising the resort village and/or residential village. The resort village and residential village lots shall be contiguous, except for intervening public streets.
(d) 
The following conditions shall apply to the resort village:
[1] 
There shall be no more than 200,000 square feet of commercial space, exclusive of hotel or lodge units.
[2] 
The resort village shall be located within 1,200 feet and on both sides of State Highway 94.
[3] 
The height of buildings shall not exceed 4 1/2 stories and 65 feet.
[4] 
All stories above the first floor shall be limited to hotel or lodge units designed for temporary occupancy, except commercial space may exist on the second floor if the access is from the first floor.
[5] 
There shall be no more than 800 hotel and lodge units.
(e) 
The following conditions shall apply to the residential village:
[1] 
No portion of a residential village shall be located above sea level 500.
[2] 
There shall be no more than 150 townhouses, duplexes, and/or other vacation-type units.
[3] 
Building height shall be limited to 2 1/2 stories and 35 feet.
(f) 
The following conditions shall apply to the mountain retreat:
[1] 
There shall be no more than five hotels and lodges, together with townhouses, duplexes, and/or other vacation-type units.
[2] 
Hotels or lodges shall not be located any closer than 500 feet to one another.
[3] 
The lots comprising the mountain retreat shall be identified and consist of no less than 400 acres.
[4] 
The density permitted on the lots comprising a mountain retreat shall be no greater than 1.5 resort units per acre.
[5] 
There shall be no construction of hotels or lodges, townhouses, duplexes, or other vacation-type units in a mountain retreat below sea level 1,000 feet; but accessory structures may be constructed at lower elevations and not all portions of the lots comprising the mountain retreat need be located above elevation 1,000 feet.
[6] 
The height of townhouses, duplexes, and/or other vacation-type units shall be limited to 2 1/2 stories and 35 feet, and the height of hotels or lodges shall be limited to 3 1/2 stories and 50 feet.
[7] 
Hotels and lodges may contain accessory commercial uses limited to restaurants, retail sales, retail services, and management offices designed to serve occupants of the mountain retreat. Such accessory uses shall be limited to the first and second floors only, and have access for occupants solely from the lobby of the hotel or lodge in which they are located.
(g) 
The general conditions specified in § 330-189A shall not be considered conditions of this conditional use.
(30) 
Cannabis retailer. Cannabis retailers shall meet the following conditions and standards when permitted as a conditional use:
[Added 11-27-2023 by Ord. No. 23-22]
(a) 
Eligible locations. Facilities for cannabis retailers shall be no less than 1,000 feet from any school, public park, public ball field, child-care center, or the Vernon PAL facility. Distances shall be measured door to door as one would travel as a pedestrian.
(b) 
Location. Cannabis retailers shall be separate and distinct from growing operations.
(c) 
Highlands Preservation Area. Any cannabis retailer proposed in the Highlands Preservation Area must obtain a Highlands Exemption or Highlands Exception prior to submission to the Land Use Board.
(d) 
Buildings. All cannabis retailers shall be enclosed in heated/air-conditioned permanent buildings, not trailers, outdoors, movable kiosks, etc.
(e) 
Signage. Signs shall not promote consumption of any cannabis products.
(f) 
Site plan approval is required. Site plan approval shall require submission of a safety and security plan and emergency services access plan to the Land Use Board for review.
(g) 
License requirements. Cannabis retailers shall obtain a Township cannabis license prior to application before the Land Use Board.
(h) 
Accessibility. Any cannabis retailer shall only have one primary public access point, which shall be directly adjacent to the right-of-way or parking area of the building. Access should not be through common entrances with other uses.
(i) 
Hours of operation for cannabis retailers shall be limited to 9:00 a.m. to 10:00 p.m.
(j) 
Interior security. Cannabis retailers' interiors shall provide a secure location for storage of products with minimum products in any customer service area.
(k) 
Exterior loitering and security. People shall not be permitted to congregate outside of a cannabis retailer, loiter or wait in line to access the cannabis retailer. The facility shall have a plan in place if interior capacity is exceeded, i.e., numbers are given and customers wait in their vehicles until called.
(l) 
Product consumption: No products shall be permitted to be consumed on-site.
(m) 
State license. The facility must have a valid license to operate from the State of New Jersey.
(n) 
Any cannabis facility is subject to compliance with all state laws, regulations and guidelines with respect to cannabis licenses issued by the State of New Jersey.
(31) 
Cannabis delivery. Cannabis delivery services shall meet the following conditions and standards when permitted as a conditional use:
[Added 11-27-2023 by Ord. No. 23-22]
(a) 
Eligible locations. Facilities for cannabis retailers shall be no less than 1,000 feet from any school, public park, public ball field, child-care center, or the Vernon PAL facility. Distances shall be measured door to door as one would travel as a pedestrian.
(b) 
Location. Cannabis retailers shall be separate and distinct from growing operations.
(c) 
Highlands Preservation Area. Any cannabis delivery use proposed in the Highlands Preservation Area must obtain a Highlands Exemption or Highlands Exception prior to submission to the Land Use Board.
(d) 
Buildings. All cannabis facilities shall be enclosed in heated/air-conditioned permanent buildings, not trailers, outdoors, movable kiosks, etc.
(e) 
Signage. Signs not promote consumption of any cannabis products.
(f) 
Site plan approval is required. Site plan approval shall require submission of a safety and security plan and emergency services access plan to the Land Use Board for review.
(g) 
License requirements. Cannabis facilities shall obtain a Township cannabis license prior to application before the Land Use Board.
(h) 
Hours of operation for cannabis delivery services shall be limited to 9:00 a.m. to 10:00 p.m.
(i) 
Interior security. Cannabis facility interiors shall provide a secure location for storage of products with minimum products in any customer service area.
(j) 
Product consumption: No cannabis products shall be permitted to be consumed on site.
(k) 
State license. The cannabis facility must have a valid license to operate from the State of New Jersey.
(l) 
Any cannabis facility is subject to compliance with all state laws, regulations and guidelines with respect to cannabis licenses issued by the State of New Jersey.
(32) 
Cannabis cultivator, manufacturer, wholesaler or distributor. Cannabis cultivator, manufacturer, wholesaler, or distributor shall meet the following conditions and standards when permitted as a conditional use:
[Added 11-27-2023 by Ord. No. 23-22]
(a) 
Location: Cannabis cultivator facilities shall be the only facilities permitted in the AET shall be on lots with a minimum of six acres.
(b) 
Highlands Preservation Area. Cannabis facilities proposed in the Highlands Preservation Area must obtain a Highlands Exemption or Highlands Exception prior to submission to the Land Use Board.
(c) 
Buildings: All cannabis facilities shall be enclosed in heated/air-conditioned permanent buildings, not hoop houses, greenhouses or other temporary structures.
(d) 
Signage: Signs shall be limited to location identification/name of business. Signage shall not promote consumption of any cannabis products.
(e) 
Site plan approval is required. Site plan approval shall require submission of a safety and security plan and emergency services access plan to the Land Use Board for review.
(f) 
Odor Control: The facility shall provide an air treatment system with sufficient odor absorbing ventilation and exhaust systems such that and odor generated inside the facility is not detectable by a person of reasonable sensitivity at the property line of the subject property. Odor from the facility shall be monitored on an annual basis at the discretion of the Township by a licensed, qualified contractor chosen by the Township.
(g) 
Buffering. Cultivator facilities located in the AET Zone must maintain a 100-foot buffer from property lines.
(h) 
Lighting. Cultivator facilities located in the AET Zone shall limit lighting to the minimum necessary for safety requirements in parking areas and walkways to have a maximum 1.0 footcandle. Lighting shall be downward facing and not exceed 0.1 footcandle at the property line.
(i) 
license requirements. Cannabis facilities shall obtain a Township cannabis license prior to application before the Land Use Board.
(j) 
State license. The facility must have a valid license to operate from the State of New Jersey.
(k) 
Any cannabis facility is subject to compliance with all state laws, regulations and guidelines with respect to cannabis licenses issued by the State of New Jersey.