Wall Township City Zoning Code
ARTICLE XXII
Conditional and Accessory Uses
§ 140-141 Conditional use approval; standards.
A.
The uses listed on the Schedule of Permitted and Conditional Uses as conditional uses shall be permitted in the zones designated upon a favorable review by the Planning Board.[1]
[1]
Editor's Note: The Schedule of Permitted and Conditional Uses is included at the end of this chapter.
C.
Site plan approval shall be required unless otherwise specified in this chapter.
(1)
The conditional use shall comply with the design standards, improvement standards, and document submittal requirements of this chapter unless a requirement is waived by the approving authority.
(2)
The conditional use shall adhere to the additional standards specified for the particular use unless a variance is granted pursuant to N.J.S.A. 40:55D-70d.
D.
The criteria and additional standards applicable to the various conditional uses shall be as follows.
§ 140-142 Heavy construction other than building construction-contractors (NAICS 234); lumber and wood products, except furniture (NAICS 321); stone, clay, glass and concrete products (NAICS 327); coating, engraving and allied products (NAICS 332813); warehousing (excluding NAICS 49311), mini warehouses and self-storage (NAICS 53113); and motor freight terminals (NAICS 48849).
Heavy construction other than building construction-contractors (NAICS 234); lumber and wood products, except furniture (NAICS 321); stone, clay, glass and concrete products (NAICS 327); coating, engraving and allied products (NAICS 332813); warehousing (excluding NAICS 49311), mini warehouses and self-storage (NAICS 53113); and motor freight terminals (NAICS 48849) may be permitted in specified zones only upon receipt of a conditional use permit. A conditional use permit shall be granted, provided that the following standards are met:
A.
Any structures to be used for the aforementioned purposes shall not be erected nearer than 100 feet to any street line or any parcel of land and shall not be erected nearer than 50 feet to any side line, nor 75 feet to any rear yard line and at least 100 feet from the property line of any residential zone abutting the premises. The word "structure" herein shall include accessory buildings and parking areas. Adequate off-street parking with respect to the premises shall be provided and be limited to the rear and side yards in accordance with this chapter.
B.
The loading and delivery area shall be located at the rear of the structure and shall be screened primarily with evergreen trees so as to provide visible obstruction as to neighboring properties. In the event any of the aforesaid trees do not live, they shall be replaced so as to maintain the adequate screening.
C.
If the parking is illuminated it shall be adjusted so that no glare or beam is directed towards any adjoining property, public street or dwelling windows.
D.
Site plan approval shall be required and any development shall be subject to the following supplemental zoning regulations:
(1)
Minimum lot area shall be three acres.
(2)
Minimum lot frontage shall be 250 feet.
(3)
Maximum lot coverage shall be 40%.
(4)
All outdoor storage areas shall be screened from view from any public road by a landscaped buffer with a minimum width of 20 feet.
(5)
All outdoor storage areas shall be screened from adjacent properties by a landscaped buffer with a minimum width of 30 feet.
(6)
All outdoor storage areas shall be arranged in a safe and neat manner, shall be fenced in with a minimum six-foot high fence and shall be paved in accordance with this chapter.
§ 140-143 Mini warehousing and self-storage (NAICS 53113).
Mini warehousing and self-storage (NAICS 4225) uses may be permitted in specified zones only upon receipt of a conditional use permit. A conditional use permit shall be granted, provided that all of the following conditions are met:
A.
The minimum rental storage area shall be 40,000 square feet.
B.
Such facilities shall maintain an operational manager's or resident manager's office/dwelling which shall be accessory to the principal use herein. Occupancy of the dwelling shall be limited to the facility manager and his immediate family.
C.
Such facilities shall provide for the storage of customer's goods and wares only. No business activity other than the rental of storage space shall be conducted on the premises by either the owner of the facility, the resident manager or a tenant of storage space.
D.
No storage of any kind shall be conducted out of doors.
E.
The site containing such a use shall have direct access to a nonresidential collector or arterial street.
F.
Site plan approval shall be required and any development shall also be subject to the following supplemental zoning regulations:
(1)
The minimum site area shall be four acres and the maximum site area shall be 12 acres.
(2)
The maximum building area inclusive of a manager's office and/or dwelling for any one building on the site shall be 12,000 square feet.
(3)
The maximum building length inclusive of a manager's office and/or dwelling shall be 300 feet.
(4)
The minimum front yard setback abutting a public street shall be 75 feet. The minimum setback adjacent to any residentially zoned or developed property shall be 50 feet. All other setbacks shall be a minimum of 25 feet.
(5)
The facades of all structures visible from public streets and residentially zoned or developed property shall be constructed of materials which are wood, brick, masonry, or other material finished to be compatible with the uses in the area in which the facility is located. Facades facing residentially zoned or developed property shall not contain access doors to the storage units.
(6)
No single structure shall exceed one story, 18 feet in height including all roof equipment attached thereto. Structures with roof equipment shall provide roof screening to prevent its visibility from all sides of the building. The height of a resident manager's office dwelling, whether or not it is attached to another structure, shall be permitted to a maximum of 35 feet, 2 1/2 stories.
(7)
All outdoor lighting shall be shielded to direct light and glare only onto the premises and shall be of sufficient intensity to discourage vandalism and theft. It shall be directed, shaded and focused away from all adjoining property.
(8)
A minimum of four standard parking spaces shall be located in the immediate vicinity of the administrative office for the use of prospective clients. Parking areas adjacent to or in close proximity to the storage facilities shall be provided. Two additional standard parking spaces shall be provided for a resident manager's dwelling. Fire lanes shall be designated and marked in accordance with the Fire Prevention Official.
(9)
Outdoor mini warehouse or self-storage identification advertising displays shall be in accordance with this chapter and shall not in any way exceed the maximum size, height, character and spacing allowed in the zone in which it is to be located.
(10)
Drive aisles with access on both sides to storage facilities shall provide a minimum of 30 feet of width where traffic flow is both ways. Where only one way traffic flow is permitted, the width may be reduced to a minimum of 22 feet.
(11)
Drive aisles with access on one side to storage facilities shall provide a minimum of 25 feet of width where traffic flow is both ways. Where only one way traffic flow is permitted, the width may be reduced to a minimum of 20 feet.
(12)
A minimum of fifteen-foot continuous planted buffer in accordance with this chapter shall be provided along all property lines adjacent to other nonresidentially zoned sites. If an adjacent site is residentially zoned or developed, the minimum planted buffer shall be 50 feet.
(13)
A minimum fifty-foot continuous planted buffer in accordance with this chapter shall be provided along all nonaccessible street frontages. Where a frontage provides access to the facility, the same buffer shall be required except for the area necessary for an ingress/egress drive, required parking, signage as permitted by this chapter and required sight triangles.
§ 140-144 Wireless communications towers and antennas.
[Amended 11-10-1999 by Ord. No. 36-1999]
A.
Purpose.
(1)
The purpose of this section is to establish general guidelines for the siting of wireless communications towers and antennas. The goals of this section are to:
(a)
Protect residential areas and land uses from potential adverse impacts of towers and antennas.
(b)
Encourage the location of towers in nonresidential areas.
(c)
Minimize the total number of towers throughout the Township.
(d)
Strongly encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers.
(e)
Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal.
(f)
Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, siting, landscape screening and innovative camouflaging techniques.
(g)
Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively and efficiently.
(h)
Consider the public health and safety of communication towers.
(i)
Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures.
(2)
In furtherance of these goals, the Township of Wall has given due consideration to the Township of Wall's Master Plan, Zoning Map, existing land uses and environmentally sensitive areas in approving sites for the location of towers and antennas.
B. ALTERNATIVE TOWER STRUCTURE ANTENNA BACKHAUL NETWORK FAA FCC HEIGHT PREEXISTING TOWERS and PREEXISTING ANTENNAS TOWER
Definitions. As used in this section, the following terms shall have the meanings set forth below. These definitions are supplemental to § 140-17.
Man-made trees, water towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.
Any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals.
The lines that connect a provider's towers/cell sites to one or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network.
The Federal Aviation Administration.
The Federal Communications Commission.
When referring to a tower or other structure, the distance measured from the finished grade of the parcel to the highest point on the tower or other structure, including the base pad and any antenna.
Any tower or antenna for which a building permit or special use permit has been properly issued prior to the effective date of this section, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired.
Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communication purposes, including self-supporting lattice towers, guyed towers or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures and the like. The term includes the structure and any support thereto.
C.
Applicability.
(2)
Amateur radio station operators/receive-only antennas. This section shall not govern any tower or the installation of any antenna that is under 70 feet in height and is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive-only antennas.
(4)
AM array. For purposes of implementing this section, an AM array, consisting of one or more tower units and supporting ground system which functions as one AM broadcasting antenna, shall be considered one tower. Measurements for setbacks and separation distances shall be measured from the outer perimeter of the towers included in the AM array. Additional tower units may be added within the perimeter of the AM array by right.
D.
General requirements.
(1)
Conditional use. Antennas and towers shall be permitted as conditional uses in the GI Zones and OLI-10 Zone. They shall not be permitted in any other zone except on properties owned by the Township, excluding open space properties. A different existing use or an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot.
(2)
Lot size. For purposes of determining whether the installation of a tower or antenna complies with district development regulations, including but not limited to setback requirements, lot coverage requirements and other such requirements, the dimensions of the entire lot shall control even though the antennas or towers may be located on leased parcels within such lot.
(3)
Inventory of existing sites. Each applicant for an antenna and/or tower shall provide to the approving board an inventory of its existing towers, antennas or sites approved for towers or antennas, that are either within the jurisdiction of the Township or within five miles of the border thereof, including specific information about the location, height and design of each tower.
(4)
State or federal requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this section shall bring such towers and antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense.
(5)
Building codes; safety standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the Township concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then, upon notice being provided to the owner of the tower, the owner shall have 30 days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within said 30 days shall constitute grounds for the removal of the tower or antenna at the owner's expense.
(6)
Measurement. For purposes of measurement, tower setbacks and separation distances shall be calculated and applied to facilities located in the Township irrespective of municipal and county jurisdictional boundaries.
(7)
Not essential services. Towers and antennas shall be regulated and permitted pursuant to this section and shall not be regulated or permitted as essential services, public utilities or private utilities.
(8)
Franchises. Owners and/or operators of towers or antennas shall certify that all franchises required by law for the construction and/or operation of a wireless communication system in the Township have been obtained and shall file a copy of all required franchises with the Township Clerk.
(9)
Public notice. For purposes of this section, any conditional use permit or variance application shall require public notice to all abutting property owners and all property owners of properties that are located within the corresponding separation distance listed in Subsection E, Table 1, in addition to any notice otherwise required by the Municipal Land Use Law.
(10)
Signs. No signs shall be allowed on an antenna or tower.
(11)
Building and support equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of Subsection F.
(12)
Multiple antenna/tower plan. The Township encourages the users of towers and antennas to submit a single application for approval of multiple sites. Applications for approval of multiple sites shall be given priority in the review process.
E.
Conditional use permits.
(1)
General. The following provisions shall govern the issuance of conditional use permits for towers or antennas by the Planning Board:
(a)
In granting a conditional use approval, the Board may impose conditions to the extent the Board concludes such conditions are necessary to minimize any adverse effect of the proposed tower on adjoining properties.
(b)
Any information of an engineering nature that the applicant submits, whether civil, mechanical or electrical, shall be certified by a licensed professional engineer.
(2)
Towers.
(a)
Information required. Applicants for a conditional use permit for a tower shall submit the following information:
[1]
A scaled site plan clearly indicating the location, type and height of the proposed tower, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities), Master Plan classification of the site and all properties within the applicable separation distances set forth in Table 1, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structures, topography, parking and other information deemed by the Township Planner or Planning Board to be necessary to assess compliance with this article.
[2]
A legal description of the parent tract and leased parcel (if applicable).
[3]
The setback distance between the proposed tower and the nearest residential unit, platted residentially zoned properties and unplatted residentially zoned properties.
[4]
The separation distance from other towers described in the inventory of existing sites submitted pursuant to Subsection D(3) shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing tower(s) and the owner/operator of the existing tower(s).
[5]
A landscape plan showing specific landscape materials.
[6]
The method of fencing and finished color and, if applicable, the method of camouflage and illumination.
[8]
A notarized statement by the applicant as to whether construction of the tower will accommodate collocation of additional antennas for future users.
[9]
An identification of the entities providing the backhaul network for the tower(s) described in the application and other cellular sites owned or operated by the applicant in the municipality.
[10]
A description of the suitability of the use of existing towers, other structures or alternative technology not requiring the use of towers or structures to provide the services to be provided through the use of the proposed new tower.
[11]
A description of the feasible location(s) of future towers or antennas within the Township of Wall based upon existing physical, engineering, technological or geographical limitations in the event that the proposed tower is erected.
(3)
Factors considered in granting conditional use permits for towers. The Board shall consider the following factors in determining whether to issue a conditional use permit:
(a)
Height of the proposed tower.
(b)
Proximity of the tower to residential structures and residential district boundaries.
(c)
Nature of uses on adjacent and nearby properties.
(d)
Surrounding topography.
(e)
Surrounding tree coverage and foliage.
(f)
Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness.
(g)
Proposed ingress and egress.
(4)
A conditional use permit shall be granted for a wireless communications tower or antenna, provided that the following standards and specifications are satisfied:
(a)
Availability of suitable existing towers, other structures or alternative technology. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the approving board that no existing tower, structure or alternative technology that does not require the use of towers or structures can accommodate the applicant's proposed antenna. An applicant shall submit information requested by the board as to the availability of suitable existing towers, other structures or alternative technology. Evidence submitted to demonstrate that no existing tower, structure or alternative technology can accommodate the applicant's proposed antenna may consist of any of the following:
[1]
No existing towers or structures are located within the geographic area which meet the applicant's engineering requirements.
[2]
Existing towers or structures are not of sufficient height to meet the applicant's engineering requirements.
[3]
Existing towers or structures do not have sufficient structural strength to support the applicant's proposed antenna and related equipment.
[4]
The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna.
[5]
The fees, costs or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.
[6]
The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.
[7]
The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as a cable microcell network using multiple low-powered transmitters/receivers attached to a wireline system, is unsuitable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable.
(b)
Setbacks and bulk requirements. The following bulk and setback requirements shall apply to all towers for which approval is sought:
[1]
The lot on which the tower is proposed to be located shall meet all of the minimum lot size and other bulk requirements of the zone in which it is located.
[2]
Towers must be set back a distance at least equal to the height of the tower from any adjoining lot line or the setback requirements of the zoning district, whichever is greater.
[3]
Guys and accessory buildings must satisfy the minimum zoning district setback requirements.
(c)
Separation. The following separation requirements shall apply to all towers and antennas for which approval is required; provided, however, that the board may reduce the standard separation requirements if the goals of this article would be better served thereby.
[1]
Separation from off-site uses/designated areas.
[a]
Tower separation shall be measured from the base of the tower to the lot line of the off-site uses and/or designated areas as specified in Table 1, except as otherwise provided in Table 1.
[b]
Towers shall be separated from off-site uses or areas in accordance with the minimum standards established in Table 1.
Table 1 | ||
|---|---|---|
Off-Site Use/Designated Area | Separation Distance2 | |
Single family or duplex residential units1 | 500 feet or 300% of height of tower, whichever is greater | |
Vacant single family or duplex residentially zoned land which is either platted or has preliminary subdivision plan approval which has not expired | 500 feet or 300% of height of tower, whichever is greater | |
Vacant unplatted residentially zoned lands3 | 500 feet or 200% of height of tower, whichever is greater | |
Existing multifamily residential units greater than duplex units | 500 feet or 200% of height of tower, whichever is greater | |
Right-of-way of State Highway No. 34 | ||
Nonresidentially zoned lands or nonresidential uses | 200 feet or 200% of height of tower, whichever is greater | |
NOTES: 1Includes modular homes and mobile homes used for living quarters. 2Separation measured from base of tower to closest building setback line. 3Includes any unplatted residential use properties without a valid preliminary subdivision plan or valid development plan approval and any multifamily residentially zoned land greater than a duplex. |
[2]
Separation distances between towers. Separation distances between towers shall be applicable for and measured between the proposed tower and preexisting towers. The separation distances shall be measured by drawing or following a straight line between the base of the existing tower and the proposed base, pursuant to a site plan, of the proposed tower. The separation distances (listed in linear feet) shall be as shown in Table 2.
Table 2 | |||||
|---|---|---|---|---|---|
Existing Towers | Lattice (feet) | Guyed (feet) | Monopole 75 Feet in Height or Greater (feet) | Monopole Less Than 75 Feet in Height (feet) | |
Lattice | 5,000 | 5,000 | 1,500 | 750 | |
Guyed | 5,000 | 5,000 | 1,500 | 750 | |
Monopole less than 75 feet | 750 | 750 | 750 | 750 | |
(d)
Security fencing. Towers shall be enclosed by security fencing not less than six feet in height and shall also be equipped with an appropriate anticlimbing device.
(e)
Landscaping. The following requirements shall govern the landscaping surrounding towers for which a conditional use approval is required.
[1]
Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from any adjoining property or roadway used for residences. The standard buffer shall consist of a landscaped strip at least four feet wide outside the perimeter of the compound.
[2]
In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced or waived.
[3]
Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as towers located on large, wooded lots, natural growth around the property perimeter may be sufficient buffer.
(f)
Aesthetics. Towers and antennas shall meet the following requirements:
[1]
Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color so as to reduce visual obtrusiveness.
[2]
At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening and landscaping that will blend them into the natural setting and surrounding buildings.
[3]
If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.
(g)
Lighting. Towers shall not be artificially lighted unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views.
F.
Buildings or other equipment storage.
(1)
Antennas mounted on structures or rooftops. The equipment cabinet or structure used in association with antennas shall comply with the following:
(a)
The cabinet or structure shall not contain more than 100 square feet of gross floor area or be more than 10 feet in height. In addition, for buildings and structures which are less than 65 feet in height, the related unmanned equipment structure, if over 100 square feet of gross floor area or 10 feet in height, shall be located on the ground and shall not be located on the roof of the structure.
(b)
If the equipment structure is located on the roof of a building, the area of the equipment structure and other equipment and structures shall not occupy more than 10% of the roof area.
(c)
Equipment storage buildings or cabinets shall comply with all applicable zoning and building codes.
(2)
Antennas mounted on utility poles or light poles. The equipment cabinet or structure used in association with antennas shall be located in accordance with the following:
(a)
In residential zones, the equipment cabinet or structure may be located:
[1]
Provided the cabinet or structure is no greater than 10 feet in height or 100 square feet of gross floor area and the cabinet/structure is located a minimum of 200 feet from all lot lines. The cabinet/structure shall be screened by an evergreen hedge with an ultimate height of at least eight feet and a planted height of at least 48 inches.
(b)
In nonresidential zones, the equipment cabinet or structure shall be no greater than 10 feet in height or 100 square feet in gross floor area. The structure or cabinet shall be screened by an evergreen hedge with an ultimate height of eight feet and a planted height of at least 48 inches. All structures or cabinets shall be screened from view of all residential properties which abut or are directly across the street from the structure or cabinet by a solid fence eight feet in height or an evergreen hedge with an ultimate height of eight feet and a planted height of at least 48 inches.
(3)
Antennas located on towers. The related unmanned equipment structure shall not contain more than 100 square feet of gross floor area or be more than 10 feet in height and shall be located in accordance with the minimum yard requirements of the zoning district in which it is located.
G.
Removal of abandoned antennas and towers/bonding.
(1)
Any antenna or tower that is not operated for a continuous period of 12 months shall be considered abandoned, and the owner of such antenna or tower and the owner of the property shall remove the same within 90 days of receipt of notice from the Township notifying the owner of such abandonment. Failure to remove an abandoned antenna or tower within said 90 days shall be grounds to remove the tower or antenna at the owner's expense.
(2)
Notice of abandonment and the requirement to remove the tower shall be provided by the Township to both the owner of the tower and the owner of the property on which the tower is located. Should the tower not be removed and should the Township determine that in the interest of the public health, safety or welfare the tower should be removed, the Township may cause the tower to be removed, and all costs associated with the removal of the tower, including actual removal costs, all engineering, legal and Township personnel costs and the cost of public bidding for the contract for removal of the tower, shall be certified by the Township Committee to the Tax Collector. The full cost shall be imposed by the Tax Collector as a lien upon the property to be collected in the same manner as taxes.
(3)
No building permit shall be issued for the construction of a new tower in the Township until a bond is posted by the applicant guaranteeing the cost of demolition and removal of the tower in the event of its abandonment, said bond to be in a form satisfactory to the Township Attorney as to form and content and in an amount to be determined by the Township Engineer representing a reasonable estimation of the costs of demolition and removal of the tower.
(4)
If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower.
(5)
The owner of every tower located in the Township shall, on or before December 1 in each year, provide a certification to the Township Clerk that the tower is operational. Said certification shall be submitted on a form provided by the Township Clerk.
H.
List of administratively approved uses. The following uses may be administratively approved by the Township Land Use Officer:
(1)
Locating antennas on existing structures or towers consistent with the terms of Subsection H(1)(a) and (b) below.
(a)
Antennas on existing structures. Any antenna which is not attached to a tower may be approved by the Township Land Use Officer as an accessory use to any commercial, industrial, professional, institutional or multifamily structure of eight or more dwelling units, provided:
(b)
Antennas on existing towers. An antenna which is attached to an existing tower may be approved by the Land Use Officer and, to minimize adverse visual impacts associated with the proliferation and clustering of towers, collocation of antennas by more than one carrier on existing towers shall take precedence over the construction of new towers, provided such collocation is accomplished in a manner consistent with the following:
[1]
A tower which is modified or reconstructed to accommodate the collocation of an additional antenna shall be of the same tower type as the existing tower.
(2)
Installing a cable microcell network through the use of multiple low-powered transmitters/receivers attached to existing wireline systems, such as conventional cable or telephone wires, or similar technology that does not require the use of towers.
I.
Nonconforming uses/structures.
(1)
Preexisting towers. Preexisting towers shall be allowed to be maintained and continue their usage as they presently exist, pursuant to state law. Routine maintenance shall be permitted on such preexisting towers. New construction other than routine maintenance on a preexisting tower shall comply with the requirements of this section.
(2)
Rebuilding damaged or destroyed nonconforming towers or antennas. Bona fide nonconforming towers or antennas that are damaged or destroyed may be rebuilt without having to first obtain a conditional use permit or variance and without having to meet the separation requirements specified herein; provided, however, that the type, height and location of the tower on site shall be of the same type and intensity or of a lesser height and intensity as the original facility. Building permits to rebuild the facility shall comply with the then applicable building codes and shall be obtained within 180 days from the date the facility is damaged or destroyed. If no permit is obtained or if said permit expires, the tower or antenna shall be deemed abandoned.
§ 140-145 Retail nurseries (NAICS 44422).
Retail nurseries (NAICS 44422) may be permitted in specified zones only upon receipt of a conditional use permit. A conditional use permit shall be granted, provided that the following standards are met:
A.
Minimum lot area shall be no less than two acres.
B.
No nursery may be located within two miles, measured by driving distance on public roads between nearest property lines, of any other nursery.
C.
Site plan approval shall be required and any development shall be subject to the following supplemental zoning regulations.
(1)
All outdoor retail sales and/or outdoor display area shall be designated and dimensioned on the site plan.
(2)
All outdoor retail sales and/or display areas shall comply with the principal building setbacks for the zone in which the site is located.
(3)
Outdoor retail sales and/or display areas shall only be permitted as accessory to a principal retail building.
(4)
All outdoor retail sales and/or display areas shall be adequately illuminated during evening hours.
(5)
All outdoor retail sales and/or display areas shall be counted towards the permitted building coverage of the site.
(6)
Vehicle loading and unloading areas shall be provided distinct from the required parking facilities.
(7)
All outdoor retail sales and/or display areas shall be counted towards the parking requirements for the use.
§ 140-146 Gasoline service stations (NAICS 4471).
Gasoline service stations (NAICS 4471) may be permitted in specified zones only upon the receipt of a conditional use permit. A conditional use permit shall be granted, provided that the following standards are met:
A.
The location of such facilities shall be limited as follows:
(1)
The minimum site area shall be 40,000 square feet.
(2)
The minimum street frontage shall be 300 feet.
(3)
Distance from public meeting places. No building permit shall be issued if any part of the lot or plot on which such use will be made is situated within a distance of 500 feet measured by a straight line between nearest property lines, of premises on which are located one or more of the following types of buildings.
(a)
Public, private and parochial schools.
(b)
Hospitals and nursing homes.
(c)
Churches and other places of worship.
(d)
Theaters and assembly halls.
(e)
Public libraries.
(f)
Public museums.
(g)
Lands held by any public corporation for the purposes of erecting thereon any of the institutions listed above or to be used in connection with such uses.
B.
Site plan approval shall be subject to the following supplemental zoning regulations. The development of such facilities shall be controlled as follows:
(1)
The minimum floor area shall be at least 1,000 square feet.
(2)
No pits, racks, lifts or repair work shall be permitted out of doors; no disabled vehicle shall be permitted to remain on the premises for more than two weeks, and no more than four disabled vehicles shall be stored or parked on the premises at one time.
(3)
No vending machines shall be permitted out of doors.
(4)
Gasoline pumps shall be located at least 30 feet from any property line.
(5)
All fuel or similar volatile substances shall be stored underground.
(6)
No ingress or egress drives shall be located closer than 50 feet to any other drive on the same site or any other property. Such ingress and egress drives shall have a width of at least 20 feet, but not more than 30 feet.
(7)
No paved areas other than an ingress or egress drive may be located within 10 feet of any property line.
(8)
All unpaved areas of the site shall be graded and planted with grass, shrubs or trees.
(9)
No building shall be erected nearer than 50 feet to any street line nor nearer than 20 feet to any side or rear property line.
(10)
The minimum unoccupied open space shall be 30% of the lot area.
(11)
The maximum lot coverage shall be 10% of the lot area.
(12)
The operation of such facilities shall be limited as follows:
(a)
No body or fender repairs shall be permitted on any part of the premises.
(b)
No motor vehicles, trailers or boats for sale or lease shall be parked, stored or displayed on any pat of the premises.
(c)
No vehicle shall be permitted to be standing or parked on the premises of a motor vehicle service station other than those used by the employees in the indirect or direct operation of the establishment.
(d)
Accessory goods for sale may be displayed on the pump islands and the building island only. The outside storage of oil cans and/or antifreeze and similar products may be displayed on the respective islands, if provided for in a suitable metal stand or rack.
C.
Gasoline service stations located in the HB-80 or HB-120 Zones which are operated as a dual use with a fast-food convenience store shall be subject to the following supplemental conditions which must be satisfied in order for a conditional use permit to be issued:
[Added 6-19-2001 by Ord. No. 26-2001]
(1)
The minimum lot area for a combined fast-food convenience store/gasoline service station shall be 60,000 square feet.
(2)
The maximum size of the fast-food convenience store operated in conjunction with a gasoline service station shall be 2,400 square feet of gross floor area.
(3)
The gasoline service station shall be limited in size to four multiple dispensing units and eight fueling points.
(4)
The minimum required front yard setback shall be increased to 75 feet in the HB-80 Zone and 100 feet in the HB-120 Zone.
(5)
No drive-through facilities shall be permitted for combined gasoline service station/fast-food convenience store operations.
§ 140-147 Motor vehicle dealers, new and used (NAICS 4411), boat dealers (NAICS 441222), recreational vehicle dealers (NAICS 44121), and motorcycle dealers (NAICS 44121).
Motor vehicle, boat, recreational vehicle and motorcycle dealerships may be permitted in specified zones only upon receipt of a conditional use permit. A conditional use permit shall be granted, provided that the following standards are met:
A.
New or used automobiles, or new or used boats, trailers, campers or other types of drawn or propelled vehicles on display for sale or awaiting delivery are permitted only where accessory to the sale of new vehicles through the use of showroom displays and where no less than 50% of the automobiles, boats, trailers, or other vehicles for sale stored on site are new vehicles.
[Amended 6-9-1999 by Ord. No. 13-1999]
B.
All display and storage is to be conducted on the same lot as the principal use and not closer than 25 feet to any street line.
C.
In no event shall any premises used as a sales or showroom display center be located within two miles of any such other sales or showroom display center, measured by driving distance on public roads between the nearest property lines. This subsection shall not apply to any sales or showroom display center for which a certificate of occupancy was issued prior to January 1, 2001.
[Amended 5-9-2001 by Ord. No. 12-2001]
D.
Site plan approval shall be required and any development shall be subject to the following supplemental zoning regulations:
(1)
The vehicles shall be stored on paved parking areas constructed in accordance with the standards established in the chapter.
(2)
Parking areas for employees and customers shall be separate and distinct from vehicle and display areas and shall be so noted on a site plan.
(3)
No vehicle may be stored or displayed on a surface not specifically noted as such on an approved site plan.
(4)
An on-site truck loading area not less than 15 feet by 50 feet shall be provided and have adequate access to drive aisles and an ingress/egress outlet.
(5)
No vehicles may be unloaded from an off-site location.
§ 140-148 Hotels, excluding motels, cabins (NAICS 7211), hotel/convention centers.
Hotels, and similar commercial establishments providing transient lodging or lodging and meals for the general public may be permitted in specified districts only upon receipt of a conditional use permit. A conditional use permit shall be granted, provided that the following standards and specifications are met:
A.
The site shall have direct access to a primary arterial road as designated in the Master Plan or, where the site is part of an approved or proposed planned commercial development, the local road network shall have direct access to a primary arterial road as designated in the Master Plan.
[Amended 10-13-2004 by Ord. No. 25-2004]
B.
The minimum site area shall be five acres.
C.
The minimum street frontage shall be 300 feet on any one street.
D.
The height of buildings may be increased to 80 feet provided no part of the structure shall be closer to any property line than a distance equal to its height at that point.
E.
A hotel shall be permitted only when:
(1)
It contains 100 or more rooms or suites used, rented out or hired for sleeping and living purposes by guests; and
[Amended 3-8-2006 by Ord. No. 4-2006]
(2)
Where only a general kitchen and dining room, banquet room and/or ancillary facilities, such as a swimming pool and guest service facilities, are provided within the building but where separate kitchen facilities are not permitted in each individual room.
(3)
When multiple living suites are located within two or more detached buildings in an extended-stay hotel, the suites may contain kitchen facilities, subject, however, to the following:
[Added 3-8-2006 by Ord. No. 4-2006]
(a)
The facility shall be operated, maintained and advertised as an extended-stay hotel and shall not be maintained, operated, used or advertised as an apartment complex or facility.
(b)
The facility shall contain a central lobby; a hotel reception desk that is open and staffed at all times; and a restaurant.
(c)
Such additional detached ancillary buildings and structures in the facility may include, but are not limited to, pools, spas, guest services, health club amenities, other recreation facilities and business offices.
F.
A hotel may include accessory retail shops and other personal services for the convenience of its guests, provided that the total floor area devoted to such usage does not exceed 500 square feet and external signage does not give evidence to the existence of such accessory shops.
G.
A hotel may include accessory eating, drinking and entertainment establishments, provided that they are wholly contained within the principal building and are accessed through a main entry foyer shared by the hotel.
H.
Site plan approval shall be subject to the following supplemental zoning regulations:
(1)
All buildings permitted by this section shall be set no closer than 75 feet to a front property line, 30 feet to a side property line and 35 feet to a rear property line.
(2)
A minimum planted buffer area of 25 feet be provided along all side and rear property lines except that when the hotel site borders a residential zone or use, a buffer area of 50 feet shall be provided along the property line adjacent to the residential zone or use. Such buffer areas shall be planted of conifers and other plant materials and shall conform to the requirements of the Zoning Ordinance so as to create a visual screen to hotel rooms, pools and exterior patios and other meeting or public congregation areas.
(3)
A fire safety plan for evaluation of hotel guests and employees shall be included with the site plan for review and approval by the Hearing Board and Fire Subcode Official.
(4)
A security plan shall be included with the site plan for review and approval by the hearing board and the Police Chief.
(5)
Preliminary architectural and floor plans shall be included for review and approval by the hearing board and shall include all proposed uses, and sound, light and visual protection details for all lodging areas. Elevations and architectural details shall show the type of structure(s), facade design, exterior fabric material proposed and the design compatibility with area structures. Floor plans shall reflect the design layout and uses for all proposed floors.
§ 140-149 Automotive repair shops, excluding NAICS 81121body shops (NAICS 8111).
An automotive repair shop may be permitted in specified zones only upon the receipt of a conditional use permit. A conditional use permit shall be granted, provided that the following standards are met:
A.
The location of such facilities shall be limited as follows:
(1)
Automotive repair shops shall be located on a lot with an area of not less than 40,000 square feet with a minimum frontage of 200 feet on one street.
(2)
No automotive repair shop shall be located within 500 feet of any public entrance to a place of worship, school, library, hospital, fire station, park, playground, charitable institution, or place of public assemblage. The distance shall be measured in a straight line along the center line of streets forming the shortest route from a point opposite the nearest boundary from said public entrance to a point opposite the nearest boundary of the repair garage lot.
B.
Site plan approval shall be subject to the following supplemental zoning regulations. The development of such facilities shall be controlled as follows:
(1)
A buffer not less than 35 feet in depth shall be established adjacent to any residential zone or property.
(2)
No outdoor oil drainage pits or hydraulic lifts shall be permitted.
(3)
All motor vehicles awaiting repair or under repair which are stored out of doors shall be shall be kept in a designated screened from public by a solid fence and/or evergreen plantings as required by the Planning Board.
(4)
The maximum lot building coverage shall be 20% of the lot area.
(5)
The minimum unoccupied open space shall be 30% of the lot area.
(6)
The operation of such facilities shall be limited as follows:
(a)
Any repair, lubrication or other similar services to motor vehicles shall be performed in a fully enclosed building. No parts or partially dismantled motor vehicle may be stored out of doors.
(b)
No motor vehicle awaiting repair or under repair may be stored in a required parking area. A designated outdoor storage area conforming with the outdoor storage requirements of this chapter shall be established.
(c)
Only motor vehicles awaiting repair may be stored on the site.
§ 140-150 Body shops (NAICS 81121) and miscellaneous repair services (NAICS 811).
Miscellaneous repair services may be permitted in specified zones only upon receipt of a conditional use permit. A conditional use permit shall be granted, provided that the following standards are met:
A.
The location of repair services shall be limited to a lot with an area of not less than 40,000 square feet with a minimum frontage of 200 feet on one street.
B.
Site plan approval shall be subject to the following supplemental zoning regulations. The development of such facilities shall be controlled as follows:
(1)
A buffer not less than 35 feet in depth shall be established adjacent to any residential zone or property.
(2)
The maximum lot building coverage shall be 20% of the lot area.
(3)
The minimum unoccupied open space shall be 30% of the lot area.
(4)
All repair work shall be performed in a fully enclosed building. No parts or partially dismantled equipment may be stored out of doors.
(5)
No equipment or materials may be stored out of doors.
§ 140-151 Public and private golf courses (NAICS 71391).
Golf courses and country clubs may be permitted in specified zones only upon the receipt of a conditional use permit. A conditional use permit shall be granted, provided that the following standards are met:
A.
The site shall have direct access to a road classified as a secondary arterial or collector road by the Township of Wall Master Plan.
B.
The course shall be located on a site of not less than 50 acres.
C.
The operation of the golf course shall be restricted to daylight hours and shall not include what are commonly known as golf driving ranges, miniature golf course, or pitch and put golf courses.
D.
The course shall provide a minimum playing distance of 2,500 yards from the first tee to the last green.
E.
No building shall be erected nearer than 100 feet to any property line.
F.
The operation may include, in addition to a clubhouse and other buildings normally accessory to a golf course operation, a restaurant under the following additional conditions.
(1)
Restaurants may be open to the general public but must be operated under the same ownership as the golf course.
(2)
The design and location of any restaurant constructed in conjunction with a golf course shall be such that the restaurant will blend harmoniously with the golf course and the area in which the golf course is situated.
(3)
No restaurant may be opened for operation prior to the completion of the construction of the golf course.
§ 140-152 Nursing and personal care facilities (NAICS 62311).
Nursing and personal care facilities may be permitted in specified zones only upon the receipt of a conditional use permit. A conditional use permit shall be granted, provided that the following standards are met:
A.
The minimum site area shall be three acres and the minimum frontage shall be 250 feet.
B.
The site shall have direct access to a secondary arterial road as indicated on the Township of Wall Master Plan as amended.
C.
No nursing or personal care facilities shall be located nearer than 500 feet to any gasoline filling station measured by a straight line between nearest property lines.
D.
Site plan approval shall be subject to the following supplemental zoning regulations.:
(1)
No vehicular access shall be permitted onto any road not classified as a collector or arterial road in the Township of Wall Master Plan as amended.
(2)
No building shall be located nearer than 100 feet to any property line; and further provided that for every foot in height by which a building exceeds the height limit of the zone in which it is located, the building shall be set back one additional foot from any adjoining residential property line.
(3)
Nursing homes shall not exceed two stories in height.
(4)
Maximum site coverage shall be 20%.
(5)
A fifty-foot deep buffer strip shall be provided along the entire perimeter.
§ 140-153 Public, private or parochial schools (NAICS 61111).
Public, private or parochial schools, including institutions of higher learning, may be permitted in specified zones only upon receipt of a conditional use permit. A conditional use permit shall be granted, provided that the following standards and specifications are met:
A.
The use shall constitute a customary educational facility.
B.
The proposed school shall meet the minimum standards of the New Jersey Department of Education.
C.
Convents, social halls and similar uses which are accessory to the educational use shall be permitted on site or on a property within 200 feet.
D.
A school site must have direct access only on existing or proposed secondary arterial or collector road as indicated on the Township of Wall Master Plan.
E.
Elementary schools shall have a minimum lot area of five acres plus one acre for each 25 students or fraction thereof.
F.
Secondary schools shall have a minimum lot area of 10 acres plus one acre for each 25 students or fraction thereof.
G.
Nursery schools serving more than 25 children shall have a minimum lot area of three acres plus one acre for each 25 children or fraction thereof.
H.
Nursery schools serving more than five but not more than 25 children shall have a minimum lot area of one acre.
I.
No elementary or secondary school building shall be located nearer than 100 feet to any property line.
J.
No nursery school building shall be located nearer than 25 feet to any interior lot line or located nearer than 50 feet to any street line.
K.
No play area shall be located nearer than 50 feet to any adjoining residential property.
L.
The minimum street frontage shall be 500 feet.
M.
No school premises shall be located nearer than 500 feet to any gasoline filling station measured by a straight line between nearest property lines.
N.
Site plan approval shall be subject to the following supplemental zoning regulations.
(1)
Educational uses shall be screened from adjacent residential zones or existing residences adjacent to the site in accordance with the provisions of this chapter and/or shall provide fencing along such property lines as may be deemed adequate by the Planning Board.
(2)
Minimum unoccupied open space shall be 35%.
§ 140-154 Child day-care services (NAICS 62441).
Child day-care services may be permitted in specified zones only upon the receipt of a conditional use permit. A conditional use permit shall be granted, provided that the following standards are met:
A.
Any child-care facility shall be licensed by the New Jersey Division of Youth and Family Services.
B.
Any child-care facility associated with an office or plaza shall be contained within the principal structure and may not be freestanding.
C.
Site plan approval shall be subject to the following supplemental zoning regulations:
(1)
Any facility shall have at least one exit which shall discharge into an open area having a minimum dimension of 15 feet and a minimum area of 50 square feet per child.
(2)
All child care facilities shall provide adequate on-site parking conforming with the following standards:
(a)
Parking shall be provided in an amount which shall be the greater of one space for each 700 square feet of gross floor area or one space for each employee plus one space for each 10 children.
(b)
A dropoff area for two cars shall be provided with a staging area sufficient to accommodate one waiting car for the greater of each 700 square feet of gross floor area or each 10 children.
(3)
All child-care facilities shall provide an on-site outdoor play area conforming with the following standards:
(a)
Play areas shall occupy an area which shall be the greater of 50% of the gross floor area or 200 square feet per child. A portion of the play area shall be covered, the minimum area of which shall be the greater of 40% of the gross floor area or 20 square feet per child.
(b)
Play areas shall be enclosed by a fence or having a height of not less four feet.
(c)
Areas containing more than two pieces of play equipment shall be visually screened from adjoining residential properties.
(d)
When adjacent to residential properties, usage of play areas shall be limited to between the hours of 9:00 a.m. and 5:00 p.m.
(e)
Play areas shall not be located where concentrations of carbon monoxide equals or exceeds 10 mg/m3.
§ 140-155 Special trade contractors; plumbing, heating, air-conditioning and solar system contractors (NAICS 23511).
[Added 6-8-2005 by Ord. No. 18-2005; 7-13-2011 by Ord. No. 18-2011; 9-14-2011 by Ord. No. 22-2011; 6-28-2017 by Ord. No. 5-2017; 9-25-2019 by Ord. No. 14-2019]
Special trade contractors; plumbing, heating, air-conditioning, and solar system contractors involving the installation, servicing and selling of heating and air-conditioning appliances and solar systems may be permitted in the OP-2, OR-2, or OR-5 Zones as set forth in the Schedule of Permitted and Conditional Uses[1] only upon receipt of a conditional use permit.
A.
The minimum size of the building in which the use is located shall be 20,000 square feet.
B.
A minimum of 30% of the building shall be devoted to office space. In the case of partial building occupancy, 30% of the space designated for the use (NAICS 23511) shall be devoted to office space ancillary to that use.
C.
The on-site storage of service vehicles shall be limited to no more than 25% of the parking spaces required by this chapter. The service vehicles to be stored on site shall be limited to vans of no more than 19 feet in length.
D.
The service vehicles stored on the site shall not be visible from any public street. Landscaping and buffers shall be supplemented to provide year-round screening of the area in which service vehicles are to be parked or stored.
[1]
Editor’s Note: The Schedule of Permitted and Conditional Uses is included as an attachment to this chapter.
§ 140-156 Membership organizations (NAICS 813).
[Amended 6-12-2002 by Ord. No. 24-2002; 11-13-2002 by Ord. No. 46-2002; 12-11-2024 by Ord. No. 20-2024]
Organizations that establish, organize, and promote religious activities; support causes through grantmaking; advocate for various social and political causes; and/or promote and defend the interests of their members may be permitted in specified zones only upon receipt of a conditional use permit.
A.
In the NB Zone only, a conditional use permit shall be granted, provided that the following standards and specifications are met:
(1)
The design of the site, including but not limited to accessory parking areas (§ 140-214-218) are required to be consistent with the surrounding developed character; and that buffers (§ 140-212) are provided to appropriately buffer the use and ensure an attractive appearance.
(2)
The Schedule of Zone Requirements as set forth in the zone in which it is located per Chapter 140 Attachment 1, are adhered to, that such use will not be detrimental to the surrounding property character.
(3)
Accessory uses and structures.
(a)
Accessory activities that occur more frequently than four times per year shall be expressly authorized only after the ability to provide adequate parking has been demonstrated to the board's satisfaction.
(b)
Permitted outdoor accessory structures and uses. Activities associated with the principal and accessory uses of the property shall primarily and routinely occur indoors. The following outdoor accessory structures and uses shall be permitted in accordance with the following standards:
[1]
Storage buildings and garages. All materials stored outdoors shall be contained in a garage structure. The structure shall match the architecture and building materials of the principal building. No storage and garage structure shall exceed 2,500 square feet and 20 feet in height. The area of such buildings shall be included in the calculation of the building coverage. The setbacks for such buildings shall be the same as those for principal buildings. Accessory buildings shall be buffered from adjacent properties through vegetative plantings and, where appropriate, with fencing.
[2]
Playgrounds and athletic fields and courts. These accessory uses shall not be lighted for nighttime use. The setbacks for such buildings shall be same as those for principal buildings. Such uses shall be buffered from adjacent properties through vegetative plantings and, where appropriate, with fencing.
[3]
Additional buildings and structures that are incidental and necessary for the effective operation of the principal use shall be permitted upon board review and approval.
[4]
Permanent amphitheaters or stages shall not be permitted.
[5]
Outdoor speakers or sound systems shall not be permitted.
§ 140-156.1 Religious organizations (NAICS 81311).
[Added 12-11-2024 by Ord. No. 20-2024]
Establishments primarily engaged in operating religious organizations may be permitted in specified zones only upon receipt of a conditional use permit.
A.
In the R-60, R-R, and RR-6 Zones only, a conditional use permit shall be granted, provided that the following standards and specifications are met:
(1)
The site shall have direct access to a street classified as a collector or secondary arterial road in the Township of Wall Master Plan.
(2)
The Schedule of Zone Requirements as set forth in the zone in which it is located per Chapter 140 Attachment 1, are adhered to, that such use will not be detrimental to the surrounding property character.
(3)
No educational services shall be permitted.
(4)
No day care services shall be permitted.
(5)
No arts, entertainment, or recreational services shall be permitted.
(6)
No food preparation, food storage, or distribution shall be permitted.
(7)
The only spaces permitted within the structure shall be sanctuary space, restroom facilities, group discussion space, and administrative office accessory to the religious organization.
(a)
Group discussion space and administrative offices shall be limited to the following:
(b)
Non-religious activities can only take place between the hours of 8:00 am and 5:00 pm. For purposes of this § 140-156.1A(7) religious activity is defined as (i) any event or activity that is an exercise of religion, whether or not compelled by, or central to, a system of religious belief; (ii) formal acts of worship or practice within a specific faith involving prescribed rituals, ceremonies, prayers, and symbolic gestures; and (iii) events and activities with symbolic meaning performed within a religious context to express beliefs.
(c)
Community group discussion.
(d)
Administrative office.
§ 140-157 Home professional office.
Home professional occupation as defined in this chapter may be permitted in any residential zone only upon receipt of a conditional use permit and provided that the following standards are met, together with any other reasonable requirements deemed necessary by the Planning Board and any other applicable requirements of this chapter:
A.
The home professional office shall be carried on entirely within the principal building and shall under no circumstances utilize an area exceeding 25% of the total habitable floor area of the principal building, or 1,500 square feet, whichever is less.
B.
No such home professional office shall require any exterior alterations of the principal building.
C.
The office shall be located on a lot of not less than one acre in size and shall be no closer than 200 feet to an adjoining residential property.
D.
There shall be no exterior evidence of said home professional office whether visual or audible, or detectable by human sense of smell or sense of feeling except that one small nameplate sign may be displayed in the front yard, such sign shall not exceed two square feet in area on any one side; and such sign may be illuminated only by a nonflashing incandescent or fluorescent light of sufficient wattage to illuminate only the fact of the sign.
E.
Any off-street parking area necessary to serve the home professional office shall be located in a side or rear yard and shall be screened from adjacent properties by a densely planted evergreen hedge at least five feet in height. No such parking area shall be located closer than five feet to any property line nor nearer to any public street than the established building setback line.
F.
Since the basic interest of this section is to prevent the commercialization of residential zones, while still permitting small home offices, it shall be understood as a condition of approval of a conditional use permit for a home professional office that a violation of the requirements of this section shall be grounds for the revocation of the conditional use permit and that the home professional office must be abandoned or relocated within a commercial zone within a period not exceeding six months from the receipt of written notice from the Planning Board that the conditional use permit has been revoked.
§ 140-158 Special trade contractors (NAICS 235).
Special trade contractors as defined in this chapter shall be permitted in the HB-20 and the HB-40 Zones only upon receipt of a conditional use permit and provided that the following standards are met, together with any other reasonable requirements deemed necessary by the Planning Board and any other applicable requirements of this chapter:
A.
All equipment and materials used or stored in relation to the contractor's operation shall be kept indoors at all times. There shall be no outdoor display or storage of any equipment or materials.
B.
Parking of all vehicles used in the contractor's operation shall be in an area specially designated for this purpose on a site plan and demarcated at the site. The area shall be separated and distinct from any required customer and employee parking on site pursuant to this chapter and shall not diminish the number of such spaces nor access to them.
C.
No vehicles longer than 19 feet in length or having more than two axles or taller than 10 feet in height may be stored or parked on site.
§ 140-159 Miscellaneous products of petroleum and coal lubricating oils and greases (NAICS 324191).
Establishments primarily engaged in blending, compounding and re-refining of lubricating oils and greases from purchased materials shall be permitted in GI-10 Zone only upon the receipt of a conditional use permit. A conditional use permit shall be granted, provided that the following standards and specifications are met:
A.
The location of such facilities shall be limited as follows:
(1)
The minimum site area shall be 25 acres.
(2)
The minimum setback from any side or rear property line shall be 75 feet.
(3)
A minimum buffer as defined herein of 150 feet shall provided where the property line of the site abuts a residential zone or a with an existing residential use.
(4)
A minimum buffer of 50 feet shall be required where the forms the zone boundary between the site and a residential zone.
(5)
No building used for the manufacturing or storage of the manufactured product shall be located within 250 feet of any property line adjacent to a residential use or zone or adjacent to a street which forms the boundary of the site with a residential zone.
B.
In the case of natural woodlands, the buffer may be natural vegetation. In addition, further plantings shall be provided should the Planning Board deem the same necessary to provide effective buffering.
C.
For office buildings, parking and other structures not directly associated with the manufacture or storage of the manufactured product, the general setback requirements of the GI-10 Zone shall apply; provided, however, that the required buffer, as required herein, is supplied.
D.
The following uses shall be permitted only as an accessory to the principal permitted use, and shall be limited to the manufacture, mixing or blending of the following industrial organic chemicals:
(1)
Fatty acid esters and amines.
(2)
Hydraulic fluids, synthetic base.
(3)
Metallic salts of acyclic organic chemicals.
(4)
Metallic stearates.
(5)
Oxalic acid and metallic salts.
(6)
Plasticizers, organic, cyclic and acyclic.
(7)
Silicones.
(8)
Sodium acetate.
(9)
Solvents, organic.
(10)
Sorbitol.
(11)
Stearic acid salts.
§ 140-160 Motion-picture theaters, except drive-ins (NAICS 512131).
[Added 2-9-2000 by Ord. No. 2-2000][1]
Motion-picture theaters shall be permitted in the HB-200 Zone only upon the receipt of a conditional use permit. A conditional use permit shall be granted, provided that the following standards and specifications are met:
A.
The location of such facilities shall be limited as follows:
B.
The site shall have direct access to a state highway, and no access or egress shall be provided on any local or county roadway.
[1]
Editor's Note: Original Section 14-405.2c(19), Assisted Living Facilities (NAICS 623312), and the accompanying amendment to the Schedule of Permitted and Conditional Uses, was repealed 1-27-1999 by Ord. No. 1-2001
§ 140-161 Drinking establishments with live entertainment (NAICS 72241). [1]
[Added 4-4-2012 by Ord. No. 7-2012]
Drinking establishments that provide live entertainment shall be permitted only upon the receipt of a conditional use permit and provided the following standards are met, along with any other reasonable requirements deemed necessary by the Planning Board and any other applicable requirements of this chapter.
A.
Such establishments shall provide year-round continuous vegetative landscape screening to all adjacent properties in the form of evergreen trees and shrubs that are no less than six feet in height at the time of planting. All such plantings shall be maintained in a healthy condition and shall provide continuous screening to adjacent properties.
B.
No such establishment shall be located within 250 feet of a residential zone district or a property used and/or occupied for residential purposes.
C.
A solid-view six-foot-high fence shall be required inside of the planting perimeter and shall be properly maintained.
[1]
Editor's Note: Former § 140-161, Age-restricted multifamily housing, added 6-12-2002 by Ord. No. 20-2002, amended 2-12-2003 by Ord. No. 4-2003, was repealed 8-10-2005 by Ord. No. 28-2005.
§ 140-162 Dwelling for public or private golf course (NAICS 71391) caretaker/superintendent.
[Added 6-12-2002 by Ord. No. 21-2002]
One dwelling for the caretaker of record may be permitted per golf course as a conditional use, provided that the following standards are met:
A.
For safety purposes, the dwelling shall be located within 1,000 feet of a public roadway and adequate fire and other emergency access to the dwelling shall be provided. The Planning Board, with input from the Township Fire Official, shall determine the appropriateness of a dwelling's location and adequacy of access to same.
B.
The dwelling shall be constructed, maintained and occupied as a single-family unit, shall be subject to applicable residential building codes, and shall not exceed 2,100 square feet in total floor area.
C.
No outdoor storage of any kind shall be permitted as accessory to the dwelling.
D.
The dwelling shall be located on the same tax lot as the principal golf course use and shall not be subsequently subdivided from the golf course lot or sold, rented or otherwise occupied other than as the residence for the on-site golf course caretaker.
§ 140-163 Uses, structures and vegetation in Airport Safety Zone.
[Amended 4-8-2009 by Ord. No. 8-2009]
All uses, structures, objects and vegetation proposed to be located within the Airport Safety Zones of Allaire Airport (Monmouth Executive Airport) within the Township of Wall shall comply with all regulations promulgated pursuant to N.J.S.A. 6:1-80, 6:1-84 and 6:1-85 et seq. and as may be amended (Air Safety and Zone Act) and N.J.A.C. 16-62 et seq. and as may be amended (Air Safety and Zoning) as required.
§ 140-164 Accessory use restrictions.
Accessory uses and activities shall be permitted in conjunction with and subject to the requirements applicable to related principal uses. Accessory uses are expressly subject to the performance standards[1] and shall be subject to such further restrictions as follows.
A.
Outdoor storage and display.
(1)
Solid waste and recyclable storage.[2]
(a)
Solid wastes and recyclables from single- and two-family homes, if stored outdoors, shall be placed in metal or plastic receptacles with tight fitting covers. Such receptacles shall not be stored or placed within any front yard prior to the time at which materials are permitted to be placed at the curblines for collection. If stored within a side yard area, they shall be screened from view of adjoining properties and street areas with planting or fencing.
(b)
Other outdoor storage areas for solid wastes and recyclables shall be enclosed by a wall constructed of masonry and finished to match the principal building's finish not less than six feet in height and shall be located in a rear yard area only.
(2)
Nonresidential outdoor storage areas for the loading, storage, or display of materials, goods, or heavy equipment and vehicles, including the storage of passenger vehicles awaiting repair or service.
(a)
All such areas shall be delineated on an approved site plan.
(b)
All such areas shall be paved in accordance with this chapter.
(c)
All such areas shall be separated from off-street parking and designed to discourage the use of parking areas by truck traffic.
(d)
Any such areas which are illuminated shall have lighting fixtures designed so that no glare or beam is directed towards any adjoining property, public street or dwelling windows.
(e)
All outdoor storage shall be screened from view from any public street.
(f)
All materials stored out of doors shall be arranged in an orderly and safe manner.
(g)
All such areas shall be subject to the following additional restrictions:
[1]
Loading and delivery areas shall be located at the side or rear of the structure and shall be visually screened from neighboring properties and public streets.
[2]
Warehouses, trucking terminals, contractors' yards or other uses involved in outdoor storage or the utilization of heavy equipment or vehicles such as trucks, vans or trailers shall confine storage to designated areas. No such storage shall occur and no area surfaced for such use shall be located within 100 feet of any street line or within 50 feet of any side property line, or within 75 feet of any rear property line, and in no case within 100 feet of any residential zone or property.
[3]
Uses involved in outdoor storage or display of passenger vehicles, motorcycles, recreational vehicles, boats or nursery stock shall confine storage and display to designated areas. No such storage shall occur and no area surfaced for such use shall be located within 25 feet of any street line or side property line, or within 50 feet of any rear property line, and in no case within 75 feet of any residential zone or property. Outdoor display areas shall be separated from public rights-of-way by a low level screen at least two feet high in the form of a decorative wall or evergreen plantings.
(3)
Nonresidential outdoor displays.
(a)
Outdoor displays in nonresidential zones shall only be permitted where the goods displayed are the merchandise of a business included within a structure located on the site, unless in accordance with a permit or other approval issued therefore by the Township. Uses such as flea markets where two or more concessionaires, proprietors or businesses display goods for sale out of doors shall not be permitted in any zoning district within the Township. Outdoor displays should comply with the following regulations:
[1]
Temporary sales and outdoor display of goods may be permitted where the goods displayed are the merchandise of a business included within a structure located on the site. No business shall hold more than five such sales per year nor shall any one sale exceed one week in duration. Such displays or sales shall be in accordance with a permit issued by the Zoning Officer.
[2]
Temporary flea markets and sales operated by nonprofit groups such as places of worship may be permitted where the goods displayed are on a site which is already developed as a principal use of the nonprofit group. No nonprofit group shall hold more than five such sales per year nor shall any one sale exceed one week in duration. Such displays or sales shall be in accordance with a permit issued by the Zoning Officer.
(b)
Coin-operated vending machines shall not be located further than two feet from a related business structure.
(c)
Goods for sale or displayed shall not be located closer than 25 feet to any street right-of-way or 15 feet to any side or rear line, except in conjunction with temporary sidewalk or other types of outdoor sales, and shall not block pedestrian access, fire lanes or parking facilities. Such display or sales shall be in accordance with a permit issued by the Zoning Officer.
(d)
Seasonal sales of Christmas trees may be conducted by commercial establishments in the primary business of selling nursery stock or operating a Christmas tree farm. The temporary sale of Christmas trees by nonprofit organizations shall be permitted in nonresidential zones and on property owned by the organization in accordance with a permit issued by the zoning officer, beginning the day after Thanksgiving through the month of December. No such permit shall be issued unless adequate off-street parking and maneuvering space for vehicles of customers can be provided and unless it can be demonstrated that the temporary use will not interfere with other uses on the site. Each such temporary, use shall be permitted to have one freestanding sign, no larger than 12 square feet in area, no closer to any property line than 10 feet, and not exceeding six feet in height. All signs and other materials or equipment used in connection with such temporary sales shall be removed from the property on which the sales are being conducted no later than January 2.
[Added 8-11-1999 by Ord. No. 23-1999]
(4)
The outdoor storage of an unoccupied recreational vehicle, motor home, travel trailer, camper or small boat shall be permitted on single-family properties, provided that:
[Amended 10-22-2014 by Ord. No. 21-2014]
(a)
Only one such travel trailer or camper, or one small boat shall be permitted to be stored outdoors at any single-family residence, provided that a minimum of two off-street passenger vehicular parking spaces are provided and remain available for that purpose on the property in addition to the space that is being utilized for the unoccupied recreational vehicle, motor home, travel trailer, camper or small boat.
(b)
Any such vehicles stored in accordance with this section shall not be occupied and shall not be provided with utility connections.
(c)
Permanent or temporary overnight occupancy or use of trailer, travel trailer, motor home, boat or recreational vehicle is not permitted in any zone.
(d)
Such storage shall be in a side or rear yard area except that the Zoning Officer may allow other on-site storage where it is not feasible to store in a side or rear yard but only when the two additional parking spaces are provided as required in § 140-164A(4)(a).
(e)
No storage shall be permitted on a public road.
(f)
Stored items shall be kept in good repair, and, if applicable, be validly registered by the New Jersey Department of Motor Vehicles.
(g)
The storage size of the recreational vehicle, motor home, travel trailer, camper or small boat shall not exceed the following limitations:
[1]
Small boat: 28 feet in length and eight feet in width.
[2]
Recreational vehicle, motor home, travel trailer, or camper: in the closed position only and no more than 45 feet in length and eight feet in width. The dimensions shall not include any expandable options such as sliding sections that can increase the width and/or length of a motor home when in use.
(5)
Construction trailers, upon the approval of the Land Use Officer, may be parked on premises in any zone after issuance of a building permit for and during the construction of the principal structure thereon, but shall be removed prior to the issuance of the certificate of occupancy for the principal structure in residential zones and within 30 dates of the issuance of the certificate of occupancy for the principal structure in all other zones.
(6)
Commercial vehicle storage.
(a)
No commercial motor vehicle having a rated maximum gross vehicle weight (GVW) in excess of 10,000 pounds or having more than two axles, or within excess of 19 feet in length shall be parked or stored overnight on any occupied property which is primarily used for residential purposes or on any vacant property in a residentially zoned area, except for vehicles engaged in construction, parked or stored on an active construction site for which a permit has been issued.
(b)
Not more than one motor vehicle with commercial motor vehicle registration, having a rated maximum gross vehicle weight (GVW) of 10,000 pounds or less shall be parked or stored overnight on any occupied property which is primarily used for residential purposes or on any vacant property in a residentially zoned area, except for vehicles engaged in construction, parked or stored on an active construction site. This provision shall not apply to passenger automobiles with commercial motor vehicle registration.
B.
Agricultural accessory businesses. Agricultural accessory businesses intended to supplement farm income are permitted as accessory to active agricultural uses subject to the following restrictions:
(1)
Such businesses shall involve only the sale of products or crafts grown and made on-site or the provision of services employing farm tools and implements used on-site.
(2)
Employees shall be limited to household members, farm employees and part-time or seasonal workers.
(3)
No farm business shall be conducted on a site of less than five acres.
(4)
The area devoted to use by the business shall be limited to 5,000 square feet of the site and shall be located not less than 400 feet from any residential property and not less than 150 feet from any public road.
(5)
Any buildings devoted to use by the business shall be no more than 1,000 square feet and shall be otherwise subject to all zoning and site plan requirements.
(6)
Accessory uses to which the public is invited to harvest and purchase farm products by self-service shall be permitted but otherwise subject to all zoning and site plan requirements.
C.
Miscellaneous repair services.
(1)
Repair and service activities shall be considered a customary accessory to permitted sales uses provided they remain incidental and subordinate to the sales use.
(2)
The repair and service activity shall be wholly located within the contiguous floor area of the sales use. It shall not utilize more than 25% of the total floor area or more than 1,500 square feet.
(3)
It shall not have a separate customer entrance.
(4)
There shall be no exterior evidence of the repair and service activity. The premises shall not differ from those characteristics expected in the zone in the following regards:
§ 140-165 Fast-food convenience stores and restaurants.
Fast-food convenience stores (NAICS 44512) and fast-food/carry-out restaurants (NAICS 7222), where permitted in specified zones, shall be subject to the following supplemental zoning regulations:
A.
The use shall be conducted within a totally enclosed, permanent building.
B.
There shall be no manufacturing, processing or assembling conducted on the premises, except that which is incidental and essential to the food enterprise, such as assembling of sandwiches, provided the processed or assembled merchandise is sold at retail on the premises.
C.
The use shall provide separate public rest room facilities easily accessible from the interior of the building for male and female customer use.
D.
Ingress and egress shall be provided from a nonresidential arterial or collector street.
E.
Adequate on-site parking for standard and large vehicles shall be provided, as required by this section. Large vehicle parking spaces shall be screened from view from any public street.
F.
Adequate on-site loading zones according to this section shall be provided. A loading zone shall not be located within any other drive aisle or parking space.
G.
Adequate on-site refuse and recycling storage facilities according to this section shall be provided.
H.
In no event shall any premises used for fast-food convenience store or fast-food/carry-out restaurant use be located within 1,500 feet, measured by driving distance on public roads between nearest property lines, of any other such convenience store or fast-food/carry-out restaurant use.
I.
The minimum pad site, lot, lease or condominium area of the use shall be 80,000 square feet and shall meet the bulk requirements of the HB-80 Zone, except that the height of the principal building shall be no more than one story and 20 feet; provided, however, that the minimum area may be reduced to 40,000 square feet, if the approving agency finds that all other requirements of the chapter pertaining to the use have been satisfied.