Waterford City Zoning Code
ARTICLE IX
Conditional Uses, Exceptions and Modifications
§ 176-104 Conditional uses.
A.
Before a construction permit or certificate of occupancy shall be issued for any conditional use permitted by this chapter, application shall be made to the Department of Planning and Zoning in accordance with § 176-36.
B.
Where required, public notice and a hearing shall be required as stipulated in § 176-19D, and the notice shall include reference to all matters being heard by the Planning Board. The Planning Board shall grant or deny the application for a conditional use permit within 95 days of submission of a complete application to the Department of Planning and Zoning, or within such further time as may be consented to by the applicant. The Planning Board shall review site plan submittals simultaneously with the conditional use application. Failure of the approving authority to act within the required time period shall constitute approval of the application.
C.
General requirements.
(1)
Applications for conditional use shall satisfy all procedural requirements and standards for site plan review and shall include appropriate off-tract information to permit the Planning Board to make an informed decision whether all the conditions herein are met.
(2)
With the exception of professionals as listed in this section, all conditional uses shall apply for any license required by the Township.
(3)
The proposed development will be in harmony with adjacent activities and land uses.
(4)
Access to and from the tract shall be adequately safe and the adjacent road system shall be capable of accommodating the proposed traffic load, particularly during peak hours.
(5)
The design of the proposed development shall take the physical constraints of the tract, including topography, drainage, soil conditions and existing vegetation into consideration.
(6)
On-tract circulation shall be adequate, safe and efficient for all uses and vehicles.
(7)
A landscaped buffer shall be provided along the rear and side lot lines in accordance with § 176-52. Front yard landscaping shall be equal to at least 25% of the front yard area. Such landscaping shall be reasonably distributed throughout the entire front yard area.
(8)
With the exception of hangers for landing strips, building facades shall not consist of metal siding. Long expanses of building facades shall be broken up with variations in architectural design and landscaping.
(10)
All other applicable requirements of this chapter shall apply.
(11)
Stipulated lot sizes and setbacks are the minimum requirement for principal and accessory buildings.
D.
Adult uses.[1]
(1)
Statement of policy. It is recognized there are some uses commonly known as "adult uses" which, because of their very nature, are recognized as having serious objectionable operational characteristics, particularly when such uses are located near residential areas or in other inappropriate locations or without sufficient showing that such uses in a specified location will comply with conditions and standards for location and operation of such uses. Therefore, special regulations of these objectionable adult uses is deemed necessary to ensure that adverse effects will not contribute to the blighting or downgrading of the Township. In no manner is the fact that the Township regulates any or all of the adult uses described herein or prohibits or allows them in any respect to be construed as approval of or condoning such uses.
(2) ADULT BOOK STORE ADULT MINI-MOTION PICTURE/LIVE ENTERTAINMENT THEATER PERSON SEXUALLY ORIENTED BUSINESS SPECIFIED ANATOMICAL AREAS SPECIFIED SEXUAL ACTIVITY
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
An establishment, from which minors are excluded, having a substantial or significant portion of its stock-in-trade, books, magazines or other periodicals, films or other viewing material or sexual paraphernalia which are distinguished or characterized by their emphasis on matters depicting, describing or related to specified sexual activities or specified anatomical areas, as defined herein, or an establishment in which a segment or section of the premises is diverted to the sale, rental, display or viewing of such material.
An enclosed building with a capacity of less than 50 persons, from which minors are excluded, used for presenting material, films, movies, video or live shows, distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined herein, for observation by patrons therein. This definition shall also apply to an enclosed building which contains any number of individual viewing booths not in excess of the number of the maximum permitted by separate ordinance of Waterford Township, in which a person may privately or individually view material, films, movies, videos or live shows distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined herein.
Any individual, proprietorship, partnership, corporation, association or other legal entity.
A sexually oriented business shall have the meaning as set forth in N.J.S.A. 2C:33-12.2a(1) and 2C:34-6a. In addition, this definition shall include a business engaged in the sale of obscene material as defined in N.J.S.A. 2C:34-2 or a business engaged in the sale of objects, material or graphic representations depicting a specified sexual activity or specified anatomical area, as defined herein.
Specified anatomical area shall have the meaning set forth in N.J.S.A. 2C:33-12a(3) and 2C:34-6c.
Specified sexual activity shall have the meaning set forth in N.J.S.A. 2C:33-12a(4) and 2C:34-6d.
(3)
Restrictions on location.
(a)
No person shall operate an adult bookstore, similar adult use or a sexually oriented business within 1,000 feet of an existing adult bookstore, similar adult use or sexually oriented business, place of public worship, school or school bus stop, municipal our county playground or place of public resort and recreation, an area zoned for residential use, or any premises licensed for the sale or distribution of alcoholic beverages. The foregoing distance limitation shall be measured by a straight line drawn from the nearest point of the lot boundary on which the proposed adult bookstore, adult use or sexually oriented business is to be located to the nearest point of the lot or district boundary, as the case may be, of the other use or district, and such uses, district boundary lines and dimensions shall be indicated on a site plan, which must be approved by the Planning Board.[2]
(b)
Such adult use must be located in a freestanding building which will include fifty-foot landscaped front, sides and rear buffers to separate it from all other businesses, sufficient to impede the view of the interior of the premises in which the business is located.
(c)
Lot size shall be at least one acre with improved road frontage of 150 feet. Front yard set back shall be 100 feet. Side and rear yard setbacks shall be 50 feet.
(d)
The interior of the adult use building shall be designed so that no interior contents of the building are visible at any time from the outside through windows, door openings or in any other manner.
(e)
The interior of any building in which an adult use is located shall be adequately lighted and ventilated and shall be constructed so that every portion thereof is readily visible without obstruction to the clerk, or other person in charge, from the counter, booth, cash register or other place where such clerk or employee is normally situated.
(g)
Impervious lot coverage shall not exceed 25%.
(4)
Additional regulations governing adult uses.[5]
(a)
A premises and all activities conducted therein shall in all respects comply with the laws of the State of New Jersey and the Township Municipal Code.
(b)
No person under the age of 18 shall be admitted to any premises at any time for any purpose. The owner or operator shall conspicuously post a sign at the entrance of the building giving notice of this regulation.
(c)
The license to conduct said adult business shall be posted in a conspicuous place inside the premises.
(d)
The hours of operation for an adult use, as defined in this section, shall not be earlier than 9:00 a.m. nor later than 12:00 midnight, prevailing time, on weekdays and Saturday. All premises shall be closed on Sundays.
(e)
No smoking shall be permitted in any adult mini-motion picture/live entertainment theater at any time. No consumption of alcoholic beverages shall be permitted at any time in any adult use as defined in this section.
(f)
No owner or operator shall cause or permit any premises to be operated in such a manner as to constitute a nuisance as defined in N.J.S.A. 2C:33-12 or as defined pursuant to the Municipal Code.
(g)
All premises with coin-operated machines or other similar type of devices shall only be permitted by issuance of a separate license in accordance with Chapter 89, Amusement Devices, of the Municipal Code.
(h)
Any police officer, health officer, Uniform Construction Code Official or Subcode Official, Zoning Official, or similar authorized official of the Township shall be authorized to enter such premises at any time for purposes of inspection and/or enforcement of the provisions of this section and the laws of the State of New Jersey and Municipal Codes, as applicable.[6]
[6]
Editor's Note: Original § 176-104.1F, Fees; § 176-104.1G, License term; transferability; renewal; § 176-104.1H, Approval or disapproval of application for license; and § 176-104.1I, Revocation of license, which immediately followed this subsection, were repealed at time of adoption of Land Use Code (see Ch. 1, General Provisions, Art. III).
E.
Agricultural commercial establishments and farmers' markets. For the purpose of this section, the definition of "agricultural commercial establishment" shall be as stated in § 176-9. Roadside retail sales and service establishments shall be referred to as "farmers' markets."
(1)
No portion of any structure proposed for development of a farmers' market will be more than 300 feet, measured along a line parallel to the roadway, from the closest part of a farmers' market in existence on February 7, 1979.
(2)
The sales area of an agricultural commercial establishment shall not exceed 5,000 square feet.
(3)
An agricultural commercial establishment or farmers' market shall satisfy the following requirements in addition to requirements otherwise applicable in this chapter:
(a)
Lot size shall be one acre with improved road frontage of 200 feet. Rear and side yard setbacks shall be 30 feet.
(b)
Front yard setback shall be 50 feet. No structure or activity shall be permitted within the required front yard setback except for access drives.
(c)
Impervious lot coverage shall not exceed 25%.
(d)
One off-street parking space shall be provided for every 200 square feet of sales area (indoor and/or outdoor).
F.
Airport facilities.
(1)
Private landing strips shall be permitted on parcels containing 25 acres or more dedicated exclusively for such use, providing they comply with all applicable state and federal aviation regulations.
(2)
The facility shall be permitted to include runway, taxiway, a heliport, hanger for inside shelter, service and repair of aircraft, tie-down areas for securing aircraft outdoors, and a fueling area.
(3)
All existing development on the subject parcel shall be permitted to remain and shall be deemed conforming, notwithstanding any other provision of this chapter.
(4)
Any and all development on the subject parcel occurring after the date of adoption of these regulations shall conform to the following:
(a)
No building, structure, pavement or parking area shall be located within 50 feet of any property line.
(b)
No building shall be closer than 25 feet to another building to allow sufficient access for emergency vehicles and equipment.
(c)
Impervious lot coverage shall not exceed 20%.
(e)
Runways shall be designed in accordance with the requirements of state and federal aviation regulations.
(f)
Warning and safety signs shall be placed where needed.
(g)
No signs or vegetation shall interfere with flight pattern.
(h)
In addition to the requirements of site plan submittal, the following information shall be submitted:
[1]
The location, use and height above grade of any obstruction in the area contiguous to the landing strip, within at least 3,000 feet from either end of the landing strip and within at least 500 feet from each side of the center line of the strip.
[2]
The proposed air traffic pattern, in both mapped and narrative form.
[3]
A description and mapping of the location of the screening devices and any other provisions to be made to safeguard the character of surrounding areas and minimize noise, dust, vibration or any other nuisances.
[4]
A description of fire-fighting and other safety equipment to be maintained on site.
[5]
Verification that the existing and proposed operation conforms to applicable standards of the Federal Aviation Administration and/or State Division of Aeronautics.
G.
Automobile service and repair facilities.
(1)
In addition to all other requirements for site plan approval, the applicant shall provide the following information:
(a)
Type of structure, number of bays, and accessory buildings to be constructed;
(b)
Description of equipment to be used.
(c)
List of chemicals, paints and other products to be stored and used on site.
(d)
Description of method for handling and disposal of chemicals, paints, oils, antifreeze, freon and other products.
(e)
Description of fire-fighting and other safety equipment to be maintained on site.
(f)
Description and mapping of the location of the screening devices and any other provisions to minimize noise, dust, vibration or any other nuisances.
(2)
The following standards and regulations shall apply:
(a)
Lot size shall be one acre with improved road frontage of 150 feet. Front yard setback shall be 100 feet, rear yard 50 feet, and side yard 30 feet.
(b)
No structure or activity shall be permitted within the required front yard setback except for access drives.
(c)
Impervious lot coverage shall not exceed 25%.
(d)
All mechanical activities must be conducted within a totally enclosed building. No merchandise, parts, products or other equipment or objects shall be displayed or stored outside.
(e)
Parked vehicles needing service shall be screened from view from adjacent lots and public streets. No more than 10 vehicles per bay may be stored on site while waiting for service.
(f)
Improved access driveway shall be 12 feet wide with an additional three feet on each side clear of vegetation that will hamper access by emergency vehicles.
(g)
No motor vehicle, trailer, boat or similar equipment or part thereof shall be displayed or parked on the premises for the purpose of display or sale.
(h)
Warning and safety signs shall be placed where needed.
H.
Automobile new and/or used sales and service establishments.
(1)
In addition to all other requirements for site plan approval, the applicant for a new or used car sales and service establishment shall provide the following information:
(a)
Type of structure, number of bays, and accessory buildings to be constructed;
(b)
Description of equipment to be used in service area.
(c)
List of chemicals, paints and other products to be stored and used on site.
(d)
Description of method for handling and disposal of chemicals, paints, oils, antifreeze, freon and other products.
(e)
Description of fire-fighting and other safety equipment to be maintained on site.
(f)
Description and mapping of the location of the screening devices and any other provisions to minimize noise, dust, vibration or any other nuisances.
(2)
The following standards and regulations shall apply:
(a)
Lot size shall be five acres with improved road frontage of 200 feet. Front, side and rear yard setbacks shall be 100 feet.
(b)
No structure shall be permitted within the required front yard setback except for access drives.
(c)
Setback for display of new or used vehicles shall be 30 feet from any public right-of-way.
(d)
Impervious lot coverage shall not exceed 20%.
(e)
All mechanical activities must be conducted within a totally enclosed building. Except for the sale of vehicles, no merchandise, parts, products or other equipment or objects shall be displayed or stored outside.
(f)
Parked vehicles needing service shall be screened from view from adjacent lots and public streets.
(g)
Warning and safety signs shall be placed where needed.
I.
Boardinghouse.
(1)
For the purpose of this section, the term "boardinghouse" shall include the terms "rest home" and "rooming house." Any residence which provides living space for more than two boarders, exclusive of owner/operator occupied space, shall be deemed a boardinghouse.
(2)
A boarder is any person not a member of the family of the owners/operator to whom space is provided for a fee.
(3)
A boarding home shall satisfy the following requirements in addition to requirements otherwise applicable in this chapter:
(a)
The minimum area and yard requirements applicable to the particular zoning district shall be increased by 16.67% for each person housed in a boardinghouse over and above six persons, excluding the owner/operator.
(b)
Any person, firm or corporation owning and operating a boardinghouse shall be licensed by the State of New Jersey in accordance with N.J.S.A. 55:13B-7.
(c)
Title 5, Chapter 27 (N.J.A.C. 5:27), "Regulations Governing Rooming and Boarding Houses," authorized by N.J.S.A. 55:13B-1 et seq, is hereby incorporated by reference.
(e)
The following design requirements shall be incorporated within the submitted plan:
[1]
Each boardinghome for six or more people shall be connected to public water and sewer facilities;
[2]
Off-street parking spaces shall be provided as set forth in § 176-79E. The Planning Board shall give due consideration to provisions for visitation and, when applicable, the number of resident staff in order to ensure that the parking facilities are ample. The Planning Board may require more space or, if evidence is provided, waive strict adherence to this standard.[8]
J.
Campgrounds, low-intensity and intensive recreational facilities.
(1)
Campgrounds shall be permitted, provided that:
(a)
In the preservation area the parcel will contain no more than one campsite per two acres. If clustered, the parcel shall not exceed a net density of six campsites per acre.
(b)
In the forest area the parcel will contain no more than one campsite per gross acre. If clustered, the parcel shall not exceed a net density of 10 campsites per acre.
(c)
Clearing of vegetation, including ground cover and soil disturbance, shall not exceed 5% of the parcel.
(d)
No more than 1% of the parcel will be covered with impermeable surfaces.
(e)
If the campground is adjacent to a water body, water samples shall be taken at the beginning and end of the camping season. The results of these tests shall be submitted to the Zoning Official.
(2)
Low-intensity recreational uses.
(a)
The parcel proposed for low-intensity recreational use has an area of at least 50 acres.
(b)
The recreational use does not involve the use of motorized vehicles except for necessary transportation.
(c)
Access to bodies of water is limited to no more than 15 linear feet of frontage per 1,000 feet of water body frontage.
(d)
Clearing of vegetation, including ground cover and soil disturbance, does not exceed 5% of the parcel; and
(e)
No more than 1% of the parcel will be covered with impervious surfaces.
[Amended 9-12-2012 by Ord. No. 2012-15]
(3)
Expansion of intensive recreational uses.
(a)
The intensive recreational use was in existence on February 7, 1979, and the capacity of the use will not exceed two times the capacity of the use on February 7, 1979;
(b)
The use is necessary to achieve recreational use of a particular element of the existing Pinelands environment; and
(c)
The use is environmentally and aesthetically compatible with the character of the Pinelands Forest Area if the use is located in the RC District, or with the character of the Pinelands Agricultural Production Area if the use is located in the AG District, and the characteristics of the particular basin in which the use is to be located, taking into consideration the proportion of cleared and developed land, ambient water quality, ecologically sensitive areas and unique resources, and will not unduly burden public services.
K.
Car wash. A car wash shall satisfy the following requirements in addition to requirements otherwise applicable in this chapter:
(1)
Lot size shall be one acre with improved road frontage of 200 feet. Rear and side yard setbacks shall be 30 feet.
(2)
Front yard setback shall be 50 feet. No structure or activity shall be permitted within the required front yard setback except for access drives.
(3)
Impervious lot coverage shall not exceed 25%.
(4)
All mechanical activities must be conducted within a totally enclosed building, other than individual car vacuums. No merchandise, products or other equipment or objects shall be displayed or stored outside.
(5)
Car vacuums shall be located in the rear yard area and shall not interfere with on-site traffic circulation.
(6)
Off-street parking:
(a)
One access lane for each mechanized car wash entrance, with each lane having a minimum queuing capacity for 12 vehicles.
(b)
One separate space for each waxing, upholstery cleaning or similar specialized service area;
(c)
One space for each employee; and
(d)
All vehicle entrances shall be from the rear of the building, and all parked and waiting vehicles must be accommodated on the lot.
(7)
Every mechanized car wash exit shall have two spaces provided outside the building for drying purposes and customer pickup. These spaces shall not interfere with any required or necessary exit lanes.
(8)
No motor vehicle, trailer, boat or similar equipment or part thereof shall be displayed or parked on the premises for the purpose of display, sale or storage.
(9)
A car wash shall use a gray water recirculation system for water conservation.
L.
Child-care center. A child-care center shall satisfy the following requirements in addition to requirements otherwise applicable in this chapter:
(1)
Lot size shall be one acre with 100 feet frontage on an improved road. The principal structure shall have a front yard setback of 100 feet. Side and rear yard setbacks shall be 30 feet.
(2)
Child-care centers shall be located on the first floor of a building and may be extended to the second floor. Basements and cellars may only be used for ancillary storage of equipment and materials.
(3)
An outdoor play area of 100 square feet per child shall be adjacent to the center and shall be adequately fenced or otherwise protected from hazards, traffic and driveways.
(4)
There shall be one bathroom stall for every 15 children at the center or one bathroom in each classroom.
(5)
There shall be no more than 15 children in a classroom.
(6)
There shall be at least two employees for each group of 15 children.
(7)
The hours of operation shall be limited from 6:00 a.m. to 8:00 p.m.
(8)
One parking space shall be provided for each employee, plus one space for every eight children. Adequate space shall be provided on site for the loading and unloading of children.
(9)
Location of access driveways, landscaping, signage and general site plan design shall be compatible with the neighborhood in which the center is to be located. The location of any child-care center shall be appropriately situated in relation to the use or area it is intended to serve.
(10)
Where a child-care center is provided as an accessory use to a principal use located on the same lot, regardless of whether the child-care center is situated as part of a principal building or as the entire use of an accessory building, the gross floor area devoted to the center shall be considered common area for the purpose of determining the maximum permitted floor area ratio and lot coverage. The floor area occupied by the center shall be excluded in calculating any parking requirement for the principal use and the permitted square footage of the principal use; provided, however, that the parking requirements for child-care centers are in addition to the parking requirements of the principal use.
(11)
Child-care centers shall not be located on a parcel of land containing wetlands or wetland buffers.
(12)
Child-care centers shall comply with all state standards and licensing requirements.
(13)
Child-care centers for more than six children shall be connected to public water and sewer facilities.
M.
Fast-food restaurants. A fast-food restaurant shall satisfy the following requirements in addition to requirements otherwise applicable under this chapter:
(1)
Lot size shall be one acre, with no drive-through window, and 1 1/2 acres with a drive-through window. Improved road frontage shall be 300 feet. Rear and side yard setbacks shall be 30 feet.
(2)
Front yard setback shall be 50 feet. No structure or activity shall be permitted within the required front yard setback except for access drives.
(3)
Impervious lot coverage shall not exceed 40%.
(4)
Drive-through windows shall not be located in an area that will interfere with parking provisions, and shall provide an approach lane having a minimum queuing capacity for six vehicles.
(5)
One parking space shall be provided for every 30 square feet of gross floor area, plus one space for each employee on the largest shift.
(6)
Fast-food restaurants shall be connected to public water and sewer facilities.
N.
Gas stations.
(1)
In addition to all other requirements for site plan approval, the applicant shall provide the following information:
(2)
The following standards and regulations shall apply:
(a)
Lot size shall be 40,000 square feet with improved road frontage of 200 feet. Front, rear and side yard setbacks shall be 30 feet.
(b)
No structure or activity shall be permitted within the required front yard setback except for access drives.
(c)
Impervious lot coverage shall not exceed 40%.
(d)
All mechanical activities, other than those conducted at a filling pump, must be conducted within a totally enclosed building. No merchandise, products or other equipment or objects shall be displayed or stored outside. Parked vehicles needing service shall be screened from view from adjacent lots and public streets. No more than five vehicles per bay may be stored on site while waiting for service.
(e)
All gasoline filling pumps shall be located at least 50 feet from any property line.
(f)
Fuel tanks shall be installed underground and meet all federal, state and municipal requirements.
(g)
Driveways shall not be more than 24 feet wide at any point. Driveways must be at least 25 feet from any side lot and intersection of street lines. There may be more than two access driveways to the particular use along any one street, up to a maximum of three per site, provided that the center lines of the two entrance drives on one street frontage are no less than 60 feet apart.
(h)
Appropriate areas of the station or garage traversed by motor vehicles shall be hard surfaced.
(i)
No parking for a fee shall be permitted.
(j)
The distance between gasoline filling stations and/or public garages, measured along the center line of the road upon which they front between the nearest property lines projected to the road center line, shall not be less than 2,500 feet.
(k)
Spillage separators for oil and fuel shall be provided.
(l)
No motor vehicle, trailer, boat or similar equipment or part thereof shall be displayed or parked on the premises for the purpose of display or sale.
O.
Home occupation. Persons employed by any company, business, agency, or government who are part of a program permitting employees to work from their homes are not subject to the requirements of this section, providing the home office is restricted to computer and telephone communication; no customers or clients come to the home; and no merchandise is stored in and sold from the home.
(1)
Permitted home occupations are:
(a)
Professional office of a physician, dentist, chiropractor, chiropodist, optometrist, attorney, minister, accountant, psychiatrist, psychologist, architect or engineer.
(b)
Consultants (i.e., computer, environmental, investigative, etc.).
(c)
Seamstress or tailor.
(d)
Salesperson, provided that products are not stored on site.
(e)
Tutor in academic studies.
(f)
Manufacturer's representative, provided that no products are stored on site.
(g)
Family day-care homes for no more than five children, exclusive of the caregiver's children.
(h)
General and subcontractors in the building trades, providing no vehicles, equipment, materials or supplies are stored on site.
(2)
In addition to other requirements of this chapter, home occupations shall meet all of the following standards and conditions:
(a)
There shall be no display of advertising or signs identifying the home occupation or business. A professional may have a nameplate not exceeding one square foot in size.
(b)
No more than one person, who must be a resident of the home in which the business is being conducted, shall conduct any business on the site. In the case of a professional office, the professional may have one employee, such as a secretary, nurse or receptionist.
(c)
The home occupation shall be conducted entirely within two rooms or 25% of the total gross habitable floor area of the home, whichever is less, or in an accessory structure.
(d)
No mechanical equipment or other merchandise shall be stored or sold on the premises.
(e)
No more than one client, customer, patient or visitor to the business shall be seen at any one time. There shall be adequate off-street parking for any such clients, customers, etc., and any employee permitted.
(f)
In the case of contractors, no employees shall leave their vehicles on site to use a company vehicle during working hours. No more than one commercial vehicle, registered in the name of the property/business owner, may be parked at the residence.
(g)
The home occupational use shall not alter the residential or aesthetic quality of the neighborhood.
P.
Hospitals, philanthropic clinics, residential health care facilities, nursing homes and convalescent centers.
(1)
In addition to all other requirements for site plan approval, the applicant shall provide a statement setting forth the need for, and particulars on, the operation of the structures. The Planning Board must conclude the proposed use in the specific location is necessary and will service the community.
(2)
The following standards and conditions shall apply:
(a)
Lot size shall be five acres. Front, rear and side yard setbacks shall be 100 feet.
(b)
No structure or activity shall be permitted within the required front yard setback except for access drives.
(c)
Impervious lot coverage shall not exceed 25%.
(d)
Off-street parking shall be provided at the ratio of 1 1/2 spaces for every bed.
(e)
The facility shall be connected to public water and sewer facilities.
Q.
Pinelands resource-related industrial or manufacturing facility.
R.
Places of worship.
(1)
The proposed use shall be a bona fide nonprofit religious use.
(2)
The proposed location will not adversely affect the safe and comfortable enjoyment of property rights of surrounding parcels.
(3)
The design of any structure(s) to be erected in connection with such use must blend with the general character of the residential area.
(4)
Lot size shall be five acres. Front, rear and side yard setbacks shall be 100 feet.
(5)
Impervious lot coverage shall not exceed 25%.
(6)
Off-street parking shall be provided at the ratio of one space for every three seats.
S.
Public utility installations. For the purpose of this chapter, the term "public utilities" shall include such uses as telephone dial equipment centers, cellular towers, water towers, power substations and other utilities that service the public, such as sewage treatment plants, but shall exclude dumps, sanitary landfills, service yards and storage yards.
(1)
The proposed installation shall be reasonably necessary for the satisfactory provision of service by the utility to the neighborhood or area in which the particular use is located.
(2)
Lot size shall be sufficient to accommodate the particular use, but in no case less than 5,000 square feet.
(3)
The design of any building in connection with such facilities must not adversely affect the safe, comfortable enjoyment of property rights in the surrounding area.
(4)
Adequate fences and other safety devices must be provided as may be required. Fences, when used to enclose public utility facilities such as electrical power substations, shall be built in accordance with the applicable requirements of the New Jersey Board of Public Utility Commissioners and the National Electrical Code in effect at the time of construction.
(5)
Off-street parking shall be provided to meet the use.
T.
Quasi-public and recreational buildings and uses.
(1)
For the purpose of this chapter, the term "quasi-public and recreational buildings" shall include and be limited to clubhouses, playgrounds, swimming pools, tennis courts and other such activities operated by nonprofit membership organizations.
(2)
The applicant shall provide a statement setting forth the need for the operation of the use and a complete list of the charter membership, including names and resident addresses.
(a)
The proposed use shall be a bona fide nonprofit organization operated solely for the recreation and enjoyment of the members of said organization.
(b)
The proposed location will not adversely affect the safe and comfortable enjoyment of property rights of surrounding parcels.
(c)
The design of any structure(s) to be erected in connection with such use must blend with the general character of the residential area.
(d)
Lot size shall be five acres. Front, rear and side yard setbacks shall be 100 feet.
(e)
No recreation activity or facility shall be located within 100 feet of an adjacent residential property line.
(f)
Impervious lot coverage shall not exceed 25%.
(g)
Off-street parking shall be provided at the ratio of one space for every three seats.
U.
Schools.
(1)
For purposes of this chapter, parochial, private or public schools may include institutions of higher learning, but shall not include trade or business schools. In order to approve an application for a school use the Planning Board must conclude that:
(2)
In addition to all other requirements for site plan approval, the applicant shall:
(a)
Submit a statement that shall indicate the grade levels of the public to be housed in the building or buildings and the contemplated eventual enrollment of the school.
(b)
Elementary schools shall provide parking at the ratio of two spaces for each classroom, but not less than one space for each teacher and staff member; intermediate schools shall provide parking at the ratio of 1 1/2 spaces for each classroom, but not less than one space for each teacher and staff member; and secondary schools shall provide parking at the ratio of 2 1/2 spaces for each classroom, but not less than two spaces for each teacher and staff member. These requirements may be increased if, in the judgment of the Planning Board, the unavailability of bus service, the particular location of the subject property, and/or the relatively high percentage of pupils driving or anticipated to be driving cars to the school make such increased requirements desirable.
(c)
No driveways shall open onto a public street within 75 feet of an intersection of such street with another public street.
(d)
Illumination for night athletic activities shall be shielded from illuminating adjoining streets and residential areas.
(3)
The following standards and conditions shall apply:
(a)
Lot size shall be 50 acres. Front, rear and side yard setbacks shall be 100 feet.
(b)
The site shall not contain wetlands or wetlands buffer areas.
(c)
All drop off and pick up areas shall be on site.
(d)
The facility shall be connected to public water and sewer facilities.
(e)
Impervious lot coverage shall not exceed 25%.
V.
Nonclustered residential development in the RC and RR Districts. Single-family detached dwellings which are not clustered in accordance with the standards of § 176-136 may be permitted as a conditional use in the RC and RR Districts, provided that:
[Added 9-12-2012 by Ord. No. 2012-15]
(1)
The Planning Board finds that:
W.
Cannabis businesses.
[Added 7-28-2021 by Ord. No. 2021-9; amended 10-13-2021 by Ord. No. 2021-17; 4-13-2022 by Ord. No. 2022-6; 5-22-2024 by Ord. No. 2024-7]
(1)
A Class 1, Class 2, Class 3, Class 4, Class 5 and Class 6 cannabis business as defined herein in § 176-9. A Class 1, Class 2, Class 3, Class 4, Class 5 and Class 6 cannabis business shall be conditionally permitted in the Planned Highway Business District. (PHB) A Class 1 or Class 2 cannabis business shall be permitted in an Agricultural (AG) Zoning District. A Class 1, Class 2, Class 3, Class 4 or Class 6 cannabis business shall be conditionally permitted in a Planned Unit Industrial (PI) District.
(2)
A Class 1, Class 2, Class 3, Class 4, Class 5 or Class 6 cannabis business is subject to the following requirements:
(a)
It is located no closer than 250 feet from any behavioral care facility or residential medical detoxification center;
(b)
It is located no closer than 150 feet from a residential district or use;
(c)
Located no closer than within 500 feet of the property line of any existing church, private school, college, child-care center, or any existing public park or any public or parochial school not protected as a Drug Free School Zone;
(d)
The measurement of distances shall be conducted in a straight line from the nearest property line to the nearest portion of the store, area, or facility where the cannabis related business is located;
(e)
No permitted cannabis business shall be located within 1,500 feet of another permitted cannabis business which shall be measured in a straight line from the nearest portion of the building in which the center is proposed to be located to the nearest portion of the building in which the other center is to be located;
(f)
Bulk area requirements:
[1]
The minimum lot area for a standalone Class 5 retail business license shall be determined by the Board based on the zoning district of the property and scale of operation.
[2]
The minimum lot area for a standalone Class 6 delivery business license shall be determined by the Board based on the zoning district of the property and scale of operation.
[3]
The minimum lot area for cannabis businesses that are proposed to be located in areas of the Township that are not serviced by public sewer shall be determined by the method outlined in Subsection W(2)(m).
[4]
The minimum lot width shall be not less than 100 feet.
[5]
The minimum lot frontage shall be not less than 100 feet.
[6]
The minimum lot front yard depth shall be not less than 50 feet.
[7]
The minimum lot side yard width shall be not less than 50 feet.
[8]
The minimum lot rear yard depth shall be not less than 50 feet.
(g)
Maximum lot coverage by impervious surfaces, including buildings: 20%.
(h)
Hours of operation for a Class 5 and Class 6 cannabis business are 9:00 a.m. to 10:00 p.m. Monday through Sunday. Time limit of operation for a Class 1, Class 2, Class 3, and Class 4 cannabis business shall be determined by the Township Land Use Board.
(i)
A Class 1, Class 2, and Class 3 cannabis business shall be required to have a secure enclosed facility.
(j)
The Township Land Use Board shall determine if a Class 4 or a Class 6 facility should be enclosed.
(k)
Satisfactory measures and means shall be taken to prevent smoke, odors, debris, dust, and other substances from exiting the business premises at all times. These businesses shall properly dispose of any and all materials and other substances in a safe and sanitary manner.
(l)
All wastewater generated by a Class 1 or Class 2 cannabis operation must be managed in accordance with the applicable standards of the New Jersey Department of Environmental Protection. This shall include but not be limited to pre-treatment of wastewater where required, separation, recycling and off-site disposal of solvents and oils where required and employing water conservation measures.
(m)
Any part of a zoning area not serviced by public sewer must meet the environmental standards of the #2ppm for nitrate dilution at property boundaries. Minimum lot size will be established based upon specific use area required to meet this standard.
(n)
Light pollution shall be controlled by glow lamps not more than 0.5 foot candles or less at the property line.
(o)
Noise pollution beyond the statutorily permitted decibel level is prohibited.
(p)
All indoor facilities must be equipped with ventilation systems with carbon filters sufficient in type and capacity to eliminate marijuana odors emanating from the interior or exterior of the premises discernable by reasonable persons. The ventilation system shall be inspected and approved by the Township Construction Official. Unless approved by the Township Planning/Zoning Board, all equipment, products and accessories shall be stored completely indoors and on-site.
(q)
Only authorized personnel or permitted invitees shall have access to the facility and the facility shall not be open to the public.
(r)
Security measures shall be identified and maintained at each facility.
(s)
For all cannabis-related businesses, signage may contain the name of the business entity only and no signage reflecting a cannabis leaf or leaves or other symbol will be permitted. The word "cannabis" may be used but not "marijuana" or "pot" or any other term for cannabis. No advertising signs shall be permitted. No display of pricing shall be permitted. Facade signs are limited to point of entry to a facility and shall not be more than six feet square.
§ 176-105 General exceptions and modifications.
A.
Height limitations.
(1)
No structure, including radio and television transmission and other communication facilities which are not accessory to an otherwise permitted use, shall exceed a height of 35 feet.
(2)
The height limitation in Subsection A(1) above shall not apply to any of the following structures, provided that such structures are compatible with uses in the immediate vicinity: silos, barns and other agricultural structures; church spires; cupolas; domes; monuments; water towers; fire observation towers; electric transmission facilities and supporting structures; windmills; chimneys; smokestacks; derricks; conveyors; flag poles; masts; aerials; solar energy facilities; and similar structures required to be placed above the roof level and not intended for human occupancy; provided, however, that the height of any tower or similar structure shall not exceed the distance from the nearest property line to the base of the tower or structure.
B.
Public election voting places. The provisions of this chapter shall not be construed to interfere with the temporary use of any property as a voting place in connection with a municipal or other public election.
C.
Public utility lines. Public utility lines for the transportation and distribution and control of water, electricity, gas, oil, steam, telegraph and telephone communications, and their supporting members, other than buildings or structures, shall not be required to be located on a lot nor shall this chapter be interpreted as to prohibit the use of a property in any zoning district for the above uses.
D.
Variances and waivers.
(1)
Variances. Departures from the literal zoning requirements specified in the district regulations of this chapter may be granted by the Planning Board in accordance with the applicable provisions specified in § 176-18H.
(2)
Waivers. The Planning Board shall have the power to grant such exceptions from the requirements of design standards and review procedures of this chapter, as may be reasonable and within the general purpose and intent of the applicable provisions, if the literal enforcement of one or more of the provisions is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.
(3)
Pinelands compliance. Notwithstanding the above jurisdictional exceptions, no such exception shall apply to the Commission's application requirements or development standards nor shall it affect the Township's compliance with the CMP.