White Township City Zoning Code
ARTICLE XIV
Conditional Uses
§ 160-112 Uses permitted.
A.
Pursuant to N.J.S.A. 40:55D-67(a), the Planning Board may grant conditional uses as herein permitted and regulated. Said uses shall be limited to the following:
[Amended 7-12-1985; 11-14-1986; 12-6-2001]
(1)
Nonprofit institutional uses.
(2)
Profit-making institutional uses.
(3)
Limited commercial uses.
(4)
Home occupations.
(5)
Public garages and gasoline service stations.
(6)
Mixed conditional uses.
(7)
Limited retail and service use in the Light Industrial Zone.
(8)
Planned residential developments.
(9)
ECHO housing units.
(10)
Uses in conjunction with agriculture.
(11)
Cellular communications facilities.
(12)
Golf courses.
(13)
Convenience stores with retail motor vehicle fuel sales.
[Added 2-22-2007 by Ord. No. 2007-5]
(14)
Self-storage facilities.
[Added 2-24-2021 by Ord. No. 2021-02]
B.
Application for a permitted conditional use shall be made in accordance with procedures set forth in Articles IX and X of this chapter, and the Planning Board shall act on the application in accordance with said procedures. No conditional use shall be granted unless the same will not be detrimental to the health, safety and general welfare of the Township, is not likely to involve unusual risks of traffic safety or traffic congestion and is reasonably necessary for the convenience of the continuity. In reviewing every application for a conditional use, the Board shall give reasonable consideration to:
(1)
Character of the neighborhood.
(2)
Conservation of property values.
(3)
Health and safety of residents and workers on adjacent properties in the surrounding neighborhood.
(4)
Potential congestion of vehicle traffic or creation of undue hazard.
(5)
Pedestrian safety.
(6)
Effect on the use and enjoyment of adjacent properties.
(7)
The nature and intensity of the use.
(8)
Adequacy of utility, drainage and other facilities.
(9)
Stated principles and objectives of this chapter and Master Plan of the Township of White.
C.
In reviewing an application for any conditional use as herein provided, the Board may impose such conditions and safeguards as it deems appropriate with respect to, among other matters, the minimizing of traffic congestion by appropriate arrangements of entrances and exits to assure public safety. Requirements for conditional uses shall take precedence over any regulations for the zone in which said use is located. Said conditional use requirements for the following permitted conditional uses shall be as follows.
§ 160-113 Nonprofit institutional uses.
Any nonprofit institutional use as defined in Article II of this chapter may be permitted as a conditional use. If said conditional uses are located in any residential zone, they shall only be permitted after the following requirements are met:
A.
Public and private schools. Public schools covering any or all grades, prekindergarten through grade 12, and full-time private schools covering any or all grades, prekindergarten through grade 12, operated by charitable, religious or eleemosynary organizations, which are not conducted as a business and which are operated to satisfy state-mandated educational requirements, are permitted as a conditional use in all zone districts, provided that said conditional use shall meet all of the following requirements:
(1)
Charter. The application shall be accompanied by the existing or proposed charter and bylaws of the organization and such other material as may be required to guaranty, to the satisfaction of the Planning Board, the following:
(a)
The organization is or will be a bona fide nonprofit school organized for educational purposes and such other activities normally carried on by such schools.
(b)
The organization has been granted exemption from taxation under the laws of both the State of New Jersey and the United States.
(c)
The organization will not engage in sales of products or materials to the general public or otherwise engage in activities normally carried on as a business or commercial activity, except that:
[1]
The premises may be made available on a rental basis for meetings of other groups, private social functions and the like.
[2]
The organization may conduct intermittent commercial activities open to the general public designed solely to raise funds to support the purposes of the organization or for related or affiliated organizations with charitable, educational or religious purposes, provided that such activities are conducted inside a building or structure. Such activities shall also be permitted outside a building or structure under the authority of a special license granted by the Township Committee of the Township of White, which shall contain such conditions as are considered necessary for the public health, safety and welfare. This subsection shall not prevent the organization from hiring or otherwise engaging profit-making organizations to conduct fund-raising activities, even though a portion of the funds raised is taken by such profit-making organization as a fee.
[3]
The sale of items, products or materials required for the educational programs or welfare of the students or accessory to and having a relation to the activities conducted on the premises, such as but not limited to books, art materials and school supplies, or tickets for student activities or other school-related events or food for school lunches, is permitted on a continuous basis, provided that such sales are conducted inside the building or structure.
(2)
Minimum lot size. The lot or site on which the proposed use is to be located shall have a minimum area of 90,000 square feet, plus an additional 45,000 square feet for every 100 pupils or portion thereof of maximum capacity, and the lot or site shall have a minimum street frontage of 225 feet. The lot area in the R-1 and R-2 Zones shall include the calculations as detailed in § 160-110 of this chapter.
(4)
Setbacks.
(a)
Any building or structure shall be set back from the front street line a distance not less than two feet of setback for each one foot of building or structure height or shall conform to the front yard setback requirements of the zone in which it is located, whichever is greater.
(b)
Any building or structure shall be set back from the side property lines a distance not less than two feet of setback for each one foot of building or structure height or 40 feet, whichever is greater.
(c)
Any building or structure shall be set back from the rear property line a distance not less than two feet of setback for each one foot of building or structure height or 50 feet, whichever is greater.
(5)
Off-street parking. Off-street parking shall be provided at the rate of one parking space for each 400 square feet of floor area in the school building and any appurtenant structures on the same lot for schools containing grades under the tenth grade. For schools containing grades tenth and/or eleventh and/or twelfth, off-street parking space shall be provided at the rate of one space for each 200 square feet of floor area in the school building and any appurtenant structures on the same lot. The Planning Board may require additional parking if, in its opinion, the parking spaces prescribed above are not sufficient to ensure that the use will not cause parking on a public street during the course of normal educational programs. Such parking space shall not be located within the front yard area nor within 25 feet of a property line and shall otherwise comply with all general requirements of Article XI concerning parking areas. In addition, landscape plantings shall be provided in sufficient quantity, quality, location and height and maintained or replaced as required, to preclude, to the maximum extent possible, the transmission of headlight glare or other lighting to adjacent properties and to preclude, to the maximum extent possible, view of the parking area from a public street.
(6)
Exclusions. This section is not intended to apply to part-time schools which are conducted as an adjunct or supplement to the religious activities of a church, religious organization or place of worship, such as but not limited to Sunday schools, nursery schools, catechism or Hebrew schools, adult education or the like, or as an adjunct or supplement to the activities or programs of chartered membership organizations, but is intended to apply to educational institutions, whether or not operated in conjunction with religious organizations, churches or places of worship or chartered membership organizations which are operated on a full-time basis, which offer general academic instruction or training in a skill, trade or vocation and which are intended to fulfill state-mandated educational requirements.
B.
Public utility facilities. Public utility facilities and uses are permitted as a conditional use in all zone districts and shall meet the following minimum requirements:
(1)
Proof of need. Proof shall be furnished that the proposed installation in the specific location is necessary for the efficiency of the public utility system and to the satisfactory and convenient provision of service to the neighborhood in which the facility is to be located.
(2)
Building design. The design of any building or structure required for such use shall conform to the general character of the area in which it is located.
(3)
Fencing. Adequate fencing and landscaping shall be provided, maintained and replaced as required.
(4)
Site requirements. The lot on which the facility is to be located shall be sufficient in size to adequately accommodate the proposed facility together with any parking space required to serve the facility so that the total coverage of the lot by all buildings, sidewalks, parking areas, driveways or other improvements does not exceed 50% of the total area. Parking space shall not be located within the front yard area nor within 25 feet of a property line and shall otherwise comply with all general requirements of this chapter concerning parking areas. In addition, landscape plantings shall be provided in sufficient quantity, location and height and maintained and replaced as required to preclude, to the maximum extent possible, the transmission of headlight glare or other lighting to adjacent properties and to preclude, to the maximum extent possible, the view of the parking area from a public street.
(5)
Front yard. Any building or structure shall conform to the front yard setback requirements for the zone in which it is located or a distance equal to the height of the building, whichever is greater.
(6)
Side yard. Any building or structure shall be set back from side property lines a distance not less than the height of the structure as defined in Article II of this chapter or 25 feet, whichever is greater.
(7)
Rear yard. Any building or structure shall be set back from the rear property line a distance not less than the height of the structure or 50 feet, whichever is greater.
C.
Churches. Churches and similar places of worship and rectories or parish houses or convents of religious groups on the same tract are permitted as a conditional use in all zone districts, provided that said conditional uses shall meet all of the following requirements:
[Amended 12-1-1989; 7-7-1995]
(1)
Charter. The application shall be accompanied by the existing or proposed Charter and bylaws of the organization and such other material as may be required to guarantee, to the satisfaction of the Planning Board, the following:
(a)
The organization is or will be a bona fide nonprofit religious group organized primarily for the benefit of its membership and such other activities normally carried on by religious groups.
(b)
The organization has been granted exemption from taxation under the laws of both the State of New Jersey and the United States.
(c)
The organization will not engage in sales of products or materials to the general public or otherwise engage in activities normally carried on as a business or commercial activity, except that:
[1]
The premises may be made available on a rental basis for meetings and the like.
[2]
The organization may conduct intermittent commercial activities open to the general public designed solely to raise funds to support the purposes of the organization or for related or affiliated organizations with charitable, educational or religious purposes, provided that such activities are conducted inside a building or structure. Such activities shall also be permitted outside a building or structure under the authority of a special license granted by the Township Committee of the Township of White, which shall contain such conditions as are considered necessary for the public health, safety and welfare. This subsection shall not prevent the organization from hiring or otherwise engaging profit-making organizations to conduct fund-raising activities, even though a portion of the funds raised is taken by such profit-making organization as a fee.
[3]
Sale of religious articles or items having a relation to the cultural or ethnic background of the members of the faith is permitted on a continuous basis, provided that such sales are conducted inside the building or structure.
(2)
Minimum lot size. The lot on which the proposed use is to be located shall have a minimum area of 75,000 square feet and shall have a minimum street frontage of 225 feet. The lot area in the R-1 and R-2 Zones shall include the calculations as detailed in § 160-110 of this chapter.
(3)
Aggregate coverage. The aggregate coverage, as defined in § 160-5 of this chapter, shall not exceed 50%.
(4)
Front yard. Any building or structure shall conform to the front yard setback requirements for the zone in which it is located.
(5)
Side and rear yard.
(a)
Any building or structure shall be set back from the side property lines a distance not less than the height of the structure or 25 feet, whichever is greater.
(b)
Any building or structure shall be set back from the rear property line a distance not less than the height of the structure or 50 feet, whichever is greater.
(6)
Off-street parking. Off-street parking shall be provided at a rate of one space for each 90 square feet of floor area in the church building and one space for each 250 square feet of floor area in any other structure. Such parking space shall not be located within the front yard area nor within 25 feet of a property line and shall otherwise comply with all general requirements of Article XI of this chapter. In addition, landscape plantings shall be provided in sufficient quantity, location and height and maintained or replaced as required to preclude, to the maximum extent possible, the transmission of headlight glare or other lighting to adjacent properties and to preclude, to the maximum extent possible, view of the parking area from a public street.
(7)
Exclusion. It is not intended that part-time schools which are conducted as an adjunct or supplement to the religious activities of a church, religious organization or place of worship, such as but not limited to Sunday schools, nursery schools, catechism, Hebrew schools, adult education and the like be classified as a mixed use as defined herein for the premises on which they are conducted.
D.
Municipal and Board of Education uses. Municipal uses other than parks and White Township Board of Education uses other than schools are permitted under this section as a conditional use in all zones, provided that said conditional uses shall meet all of the following requirements:
(1)
Aggregate coverage. The aggregate coverage, as defined in § 160-5 of this chapter, shall not exceed 25%.
[Amended 12-1-1989]
(2)
Off-street parking. Sufficient off-street parking space shall be provided to ensure that the use will not cause parking in a public street during the course of normal activities.
(3)
Screening. Landscape plantings shall be provided in sufficient quantity, location and height to preclude the transmission of headlight glare or other lighting to adjacent properties and to preclude view of the parking area from a public street.
E.
Nonprofit chartered membership organizations. Buildings operated by chartered membership organizations for the benefit of the public and not for profit, and the office or offices of charitable organizations, are permitted as a conditional use in all zones except the R-1, R-2, R-3 and R-4 Zones, provided that said conditional uses shall meet all of the following requirements:
(1)
Certificate of incorporation. The application shall be accompanied by the existing or proposed certificate of incorporation and bylaws of the organization and such material as may be required to guarantee, to the satisfaction of the Planning Board, the following:
(a)
The organization is or will be a bona fide nonprofit group organized solely for charitable purposes or for the benefit and enjoyment of its members, who shall be primarily residents of White Township and the surrounding communities.
(b)
The use will not involve the sale or consumption of liquor or alcoholic beverages in any form, unless the Planning Board specifically finds that such sales or consumption will not be detrimental to the character of the area and the safety and welfare of the public.
(c)
The organization will not engage in sales of products or materials to the general public or otherwise engage in activities normally carried on as a business or commercial activity, except that:
[1]
The premises may be made available on a rental basis for meetings of other groups, private social functions and the like.
[2]
The organization may conduct intermittent commercial activities open to the general public designed solely to raise funds to support the purposes of the organization or for related or affiliated organizations with charitable, educational or religious purposes, provided that such activities are conducted inside a building or structure. Such activities shall also be permitted outside a building or structure under the authority of a special license granted by the Township Committee of the Township of White, which shall contain such conditions as are considered necessary for the public health, safety and welfare. This subsection shall not prevent the organization from hiring or otherwise engaging profit-making organizations to conduct fund-raising activities, even though a portion of the funds raised is taken by such profit-making organization as a fee.
[3]
Sale of items, products or materials related to or accessory to the primary function or activity of the organization conducted on the premises, such as but not limited to food and alcoholic beverages (if permitted by the Planning Board and the organization holds a license for the sale of same); athletic equipment and the like is permitted on a continuous basis, provided that such sales are conducted inside the building or structure.
(d)
Overnight accommodations shall not be provided.
(e)
The hours of use are fixed in a manner in which the property rights of nearby property owners will not be adversely affected.
(f)
Activities of the organization will be carried on primarily within an enclosed building or structure.
(2)
Street access. The proposed use shall be located on a thoroughfare classified as other than a minor street by the White Township Master Plan.
(3)
Minimum lot size. The lot on which the proposed use is to be located shall have a minimum area of 45,000 square feet, plus an additional 150 square feet of lot area for each 15 square feet of floor area in the building and any appurtenant structure on the same lot in excess of 1,500 square feet and shall have a minimum street frontage of 200 feet. The lot area in the R-1 and R-2 Zones shall include the calculations as detailed in § 160-110 of this chapter.
(5)
Front yard. Any building or structure shall conform to the front yard setback requirements for the zone in which it is located.
(6)
Side and rear yard.
(a)
Any building or structure shall be set back from the side property lines a distance not less than the height of the building or structure or 25 feet, whichever is greater.
(b)
Any building or structure shall be set back from the rear property line a distance not less than the height of the building or structure or 50 feet, whichever is greater.
(7)
Off-street parking. Off-street parking shall be provided at the rate of one parking space for each 60 square feet of floor area in the building and structures on the same lot. Such parking space shall not be located within 25 feet of a property line and shall otherwise comply with all general requirements of Article XI concerning parking areas.
(8)
Screening. Landscape plantings shall be provided in sufficient quantity, location and height and maintained and replaced as required to preclude, to the maximum extent possible, the transmission of headlight glare or other lighting to adjacent properties and to preclude, to the maximum extent possible, view of the parking area from a public street.
(9)
Exclusion. It is not intended that part-time schools which are conducted as an adjunct or supplement to the purposes and objectives of the organization be classified as a mixed use as defined herein for the premises on which they are conducted.
§ 160-114 Profit-making institutional uses.
Any profit-making institutional use as defined in Article II of this chapter may be permitted as a conditional use. They shall only be permitted after the following requirements are met:
A.
Nursing homes and sanitoriums. Nursing homes are permitted in the R-1 and I Zones as a conditional use and shall meet the following minimum standards:
(1)
Lot area. There shall be a minimum lot area of 150,000 square feet. The lot area in the R-1 Zone shall include the calculations as detailed in § 160-110 of this chapter.
(2)
Height. No structure shall exceed 50 feet in height.
(3)
Setbacks. No structure shall be permitted closer than 100 feet to any abutting property line or street right-of-way line.
B.
Profit-making private schools and trade schools. Private schools covering any or all grades, prekindergarten through grade 12, or trade schools, if approved by the State Board of Education and which are conducted as a business, are permitted as a conditional use in all zone districts, provided that said conditional use shall meet all of the following requirements:
(1)
Proof of state approval. A license or similar document from the State Board of Education attesting to state approval of the school shall accompany the application.
(2)
Minimum lot size. The lot or site on which the proposed use is to be located shall have a minimum area of 90,000 square feet, plus an additional 45,000 square feet for every 100 pupils or portion thereof of maximum capacity, and the lot or site shall have a minimum street frontage of 225 feet. The lot area in the R-1 and R-2 Zones shall include the calculations in § 160-110.
(4)
Setbacks. Any building or structure shall be set back from the front street line a distance not less than two feet of setback for each one foot of building or structure height or shall conform to the front yard setback requirements of the zone in which it is located, whichever is greater.
§ 160-115 Limited commercial uses.
Limited commercial uses regarding banks, hotels, motels and convention centers may be permitted as conditional uses subject to the following requirements:
A.
Banks. Banks are permitted in all nonresidential zones as a conditional use and shall meet the following minimum standards:
(1)
Minimum lot size. There shall be a minimum lot area of one acre measured within 230 feet of the front street right-of-way line.
(2)
Lot width. Every lot shall have a minimum width, measured at the front street setback line, of 200 feet.
(3)
Height. No structure shall exceed 35 feet in height.
(4)
Setbacks. No structure shall be permitted closer than 75 feet to any abutting property line or street right-of-way line.
(5)
Off-street parking. Off-street parking shall be provided at the rate of one parking space for each employee, plus one parking space for each 200 square feet of floor space customarily open to the public. Such parking space shall not be located within the front yard area nor within 25 feet of any property line and shall otherwise comply with all general requirements of Article XI concerning parking areas. In addition, landscape plantings shall be provided in sufficient quantity, location and height and maintained or replaced as required to preclude, to the maximum extent possible, the transmission of headlight glare or other lighting to adjacent properties and to preclude, to the maximum extent possible, view of the parking area from a public street.
B.
Hotels, motels and convention centers. Hotels, motels and convention centers and motor vehicle agencies are permitted in all nonresidential zones as conditional uses and shall meet the following minimum standards:
(1)
Minimum lot size. There shall be a minimum lot area of five acres measured within 500 feet of the front street right-of-way line.
(2)
Lot width. Every lot shall have a minimum width measured at the front street setback line of 400 feet.
(3)
Height. No structure shall exceed 10 stories in height.
(4)
Setbacks. No structure shall be permitted closer than 100 feet to any abutting property line or street right-of-way line, except that no structure shall be permitted closer than 200 feet from any residential zone.
(5)
Off-street parking. Off-street parking shall be provided for convention centers at the rate of one parking space for every two seats of the maximum capacity. For hotels and motels, off-street parking space shall be provided at the rate of one parking space for each room or suite, plus one parking space for each employee of the largest shift. Where a convention center and either a hotel or motel are developed in combination as a single entity, off-street parking shall be provided by calculating both the convention center and hotel or motel parking requirements separately, then taking 1/2 of the hotel or motel requirement from that portion of the off-street parking requirement calculated for convention center seating numbering over and above the number of guest rooms contained in the hotel or motel. Such parking shall not be located within the front yard area nor within 25 feet of a property line or residential zone and shall otherwise comply with all general requirements of Article XI concerning parking areas. In addition, landscape plantings shall be provided in sufficient quantity, location and height and maintained or replaced as required to preclude, to the maximum extent possible, the transmission of headlight glare or other lighting to adjacent properties and to preclude, to the maximum extent possible, view of the parking area from a public street.
§ 160-116 Home occupations.
Any home occupation use as defined in Article II of this chapter may be permitted as a conditional use in the R-1 Zone subject to the following requirements:
A.
Off-street parking. Off-street parking space shall be provided at the rate of one parking space for every 200 square feet of floor area for the structure or portion of the structure in which the home occupation is conducted.
§ 160-117 Public garages or gasoline service stations.
Public garages or gasoline service stations are permitted as a conditional use in the N-C, C-C and H-D Zones, provided that said conditional use shall meet all of the following requirements:
A.
Minimum lot size. There shall be a minimum lot area of 30,000 square feet measured within 200 feet of the front street right-of-way line.
(1)
Frontage. Every lot shall have a minimum street frontage of 150 feet.
(2)
In addition, if the Planning Board finds that the nature of the particular use proposed, either by virtue of sale, intensity of use, hazard or other such considerations, is such that a larger site is in the public interest, then it shall impose such additional requirements.
B.
Boundary restrictions. The nearest boundary line of the lot or parcel of land to be so used must be at least 300 feet measured in a straight line from any boundary line of property which is used as, or upon which is located:
(1)
A public or private school or playground.
(2)
A church or other place of worship.
(3)
A hospital.
(4)
A public library, public art museum, civic center or other public building or structure or similar place of public assembly.
(5)
A theater or other building or structure used or intended to be used for motion pictures, theatrical or operatic productions or for public entertainment.
(6)
A firehouse or fire station.
C.
Minimum distance from intersection. The nearest boundary line of the lot or parcel of land so to be used shall be at least 100 feet measured in a straight line from the intersection of any two streets.
D.
Front yard. No building, pump, mechanical equipment or other appliance shall be closer to the front street line than 35 feet.
E.
Side and rear yard. No building, pump, mechanical equipment or other appliance shall be closer to the side or rear lot line than 25 feet.
G.
Maximum height. No building height shall exceed one story.
H.
Off-street parking. All off-street parking facilities shall meet the following requirements:
(1)
Off-street parking shall be required in accordance with Table A, Parking Requirements by Land Use, contained in § 160-79D, for service station and retail store.
[Amended 2-5-1993]
(2)
Screening. All public garages and gasoline service stations shall be screened by a buffer area not less than 10 feet in width composed of densely planted evergreen shrubbery, solid fencing or a combination of both which, in the opinion of the Planning Board, will be adequate to prevent the transmission of headlight glare across any property line. Such buffer screen shall have a minimum height of five feet above finished grade at the highest point of the parking area. The materials used shall be in keeping with the character of the adjacent area and shall be maintained and replaced as required.
(3)
Access. Entrance and exit driveways shall be limited to two for each 150 feet of frontage. Such driveways shall not be less than 16 feet nor more than 24 feet in width and at least 15 feet from any adjoining property and at least 30 feet from the corner of any intersecting public streets.
(4)
No area on the lot which is required for the movement of vehicles in and about the buildings and facilities shall be used for complying with the parking requirements of this section.
I.
Outdoor display. Accessory goods for sale may be displayed out-of-doors on the pump island end and the building island only and shall be stored in a suitable rack or container.
J.
Storage. All fuel tanks or other such containers for the storage of flammable materials, either liquid or solid, shall be installed underground at a sufficient depth to ensure against hazard of fire or explosion.
K.
Other uses. No part of any public garage or motor vehicle service station shall be used for any other purpose, except that a convenience store as defined in § 160-5 of this chapter may be operated within a motor vehicle service station or a public garage on the same lot, subject to the following requirements:
[Added 2-5-1993]
(1)
The minimum area of a lot upon which a motor vehicle service station and/or public garage and a convenience store may operate shall be two acres measured within 350 feet of the front street right-of-way line.
(2)
The floor area devoted to a convenience store shall not exceed 1,200 square feet.
(3)
Off-street parking shall be required in accordance with Table A, Parking Requirements by Land Use, contained in § 160-79D, for service station and retail store.
(4)
Not more than one wall-mounted sign, with an area not to exceed 12 square feet, shall be permitted to advertise the convenience store.
(5)
The operation of the convenience store shall occur in an area separate and apart from the area utilized as a public garage and/or motor vehicle service station; provided, however, that a common cashier may service both the convenience store and the public garage and/or motor vehicle service station.
§ 160-118 Mixed conditional uses.
A.
More than two conditional uses on a lot. Whenever an application for a conditional use is made to the Planning Board which, in the opinion of the Planning Board, involves or could reasonably be anticipated to involve more than one of the conditional uses as herein permitted and regulated, the Planning Board shall apply the conditions and standards for the use and location which will result in the largest lot size, the minimum lot coverage by the building and, in total, the largest front, side and rear yard setbacks, the greatest number of parking spaces and the largest lot frontage. In applying these conditions and standards to such mixed use, the Planning Board shall not be limited to the conditions and standards of any one of the conditional uses involved, but may apply a specific standard or condition for either or any of the uses involved.
B.
Mixed use of conditional use and nonconditional use on the same lot. More than one conditional use is permitted in the same building or structure, but no building or structure may be used for both a conditional use and another use which is not a conditional use. Such a combination of conditional use and other use shall be permitted on the same lot in a particular zoning district only on the condition that:
(1)
Both the conditional use and the other use are permitted in that district by this chapter.
(2)
Each use occupies a separate building or structure on the lot.
(3)
Each such building or structure considered separately meets the requirements for the use proposed for that building or structure as provided in this chapter for that zone.
C.
Part-time schools not a mixed use. It is not intended that part-time schools which are conducted as an adjunct or supplement to the activities of a church, religious organization or place of worship, such as but not limited to Sunday schools, nursery schools, catechism, Hebrew schools, adult education and the like or as an adjunct or supplement to the activities or programs of chartered membership organizations create a mixed use as defined herein for the premises on which they are conducted.
§ 160-119 Limited retail and service use in Light Industrial Zone.
[Added 12-1-1995]
B.
Required conditions.
(1)
Any such use shall require not more than one parking space per 500 feet of building area.
(2)
All required parking and loading shall be provided on site.
(3)
Where existing structures are proposed to be converted to such use, proof shall be presented to the satisfaction of the Planning Board that traffic safety is in no way compromised.
§ 160-120 Planned Residential Developments (PRD).
Planned residential developments are permitted as conditional uses in the R-1 and/or R-1B Zone Districts, provided that said conditional uses shall meet all of the following requirements:
A.
Housing types. Residential accommodations within a planned residential development may consist of single-family detached residences, as well as single-family attached residences, commonly referred to as "townhouses."
B.
Lot area. The minimum contiguous area of a lot upon which a planned residential development may take place must be 200 acres to be calculated pursuant to the provisions of § 160-110 of this chapter.
C.
Density. The maximum density for any planned residential development shall not exceed one dwelling unit per acre of the lot area as calculated pursuant to the provisions of § 160-110 of this chapter.
E.
Building height. No building shall exceed a height of 35 feet or 2 1/2 stories, whichever is the lesser.
F.
Utilities.
(1)
Every residential unit within the planned residential development shall be connected to a public or private on-site sewage disposal and potable water system as approved by the Planning Board.
(2)
All utility lines, including power, telephone and cable television lines, shall be installed underground.
(3)
Fire hydrants shall be installed by the developer in adequate numbers and at locations recommended by the Township Engineer.
G.
Buffer area. Those setbacks required in Subsection D(1), (2) and (3) above shall be designed to function as landscaped buffer areas and shall not contain any building, structure or improvements other than necessary access into the interior of the tract as approved by the Planning Board; provided, however, that customary driveways leading to attached garages are permitted within the setback required under Subsection D(3) above.
H.
Distance between buildings. There shall be a minimum distance between residential structures of 75 feet, except where an unattached side wall of one dwelling structure faces an unattached side wall of another dwelling structure, there shall be a minimum distance of 40 feet.
I.
Building size. No residential structure may contain more than eight dwelling units.
J.
Development design. Notwithstanding the number of intended construction phases for the planned residential development, the entire project shall be designed as a single entity, the design for which shall be approved by the Planning Board at the time of the grant of preliminary site plan approval for the development. Construction phasing shall apply only to final approval.
K.
Excessive slopes. The development of lands having steep slopes shall be regulated as follows:
(1)
Lands having a slope from 10% to 15%. Not more than 10% of such areas shall be developed with buildings or any impervious surface.
(2)
Lands having a slope from 15% to 25%. Not more than 5% of such areas shall be developed with buildings or any impervious surface.
(3)
Lands having a slope of over 25% shall not be developed with any buildings or impervious surfaces.
L.
Architecture and construction. The architecture employed shall be aesthetically congruous with the surrounding area as approved by the Planning Board. All buildings shall be constructed in accordance with the Construction Code[2] and shall comply with all requirements of the Fire Code, as well as any other applicable municipal or state requirements.
(1)
All exteriors of perimeter walls of dwelling structures shall be of wood, brick or stone or some other accepted durable material; provided, however, that asbestos shingle or cinder block as an exterior finish is prohibited.
(2)
The exterior of accessory structures shall harmonize architecturally with and be constructed of materials of a like character to those used in principal structures.
(3)
There shall be between each single-family attached dwelling unit a soundproof fire wall constructed according to the specifications approved by the Construction Official. Such noncombustible wall shall have a sound transmission classification (STC) of not less than 52 based on the laboratory test procedure specified in the specified American Society of Testing Materials recommended practice E-90-66T.
M.
Access. No direct access to any residential units shall be permitted from any public street or highway at the perimeters of the PRD tract. Internal access to individual residential units may be provided by way of drives to remain under private (condominium) ownership or by way of streets to be dedicated to the Township. The Planning Board may require private or public ownership of roadways and shall consider the specific characteristics of the particular situation in making such a determination. All streets and drives shall be constructed in accordance with the requirements of § 223-3 of the Code of the Township of White and the relevant provisions of Article XI of this chapter.
N.
Topsoil. Topsoil shall not be removed from the site during construction but shall be stored and redistributed to a depth of not less than six inches in all areas to be seeded or planted.
O.
Walks. There shall be an adequate system of pedestrian walks serving all facilities within the development, providing access to residential units, accessory structures, parking areas, open spaces, commercial facilities, recreational and other communal facilities and along vehicular roadways as deemed necessary by the Planning Board. Such walks shall be constructed in accordance with standards provided in Articles IX and XI of this chapter.
§ 160-121 ECHO housing units.
[Added 11-14-1986; amended 7-8-1994]
ECHO housing units shall be a permitted use in any zone district, provided that the following conditions are met:
A.
The unit may be erected only upon a lot on which a single-family residence is located.
B.
The unit may not be constructed within the front yard of any lot.
D.
All of the requirements of § 160-92 of the Code relating to accessory buildings or structures shall be met.
E.
The unit may be manufactured housing, provided that the width of the unit shall be no less than 22 feet.
F.
[2]Adequate sewage disposal arrangements must be provided for the unit, either by public sewer or on-site sewage disposal by a system approved by the Warren County Health Department. The Planning Board shall not act on the conditional use application until it has reviewed the County Board of Health's approval of the system.
G.
Adequate water supply shall be provided for the unit, either by public water supply or by an on-lot well, either in common with the principal dwelling on the lot or an individual well for the unit. In the event that an individual well is provided for the unit, upon removal of the unit, the well shall be capped.
H.
The foundation for the unit shall be of treated wood or other similar material which meets all applicable construction codes but which is amenable to complete removal when the need for the unit ends.
I.
The unit shall be constructed and removed in accordance with all applicable ordinances, rules, regulations and statutes.
J.
The unit shall be occupied by no more than two people, one of whom shall be 60 years of age or older and unable to live independently. One of the two people to reside in the dwelling unit must be related by blood, marriage or adoption to one or more of the persons residing in the principal dwelling on the premises upon which the dwelling unit is to be located.
K.
The unit shall be removed upon the death of the original occupant who was unable to live independently or upon a permanent change of residence by that person. Continuous absence from the unit of that person for a period of 90 consecutive days shall be considered to be a permanent change of residence.
L.
Removal of the unit shall be completed within 90 days of the occurrence of either of the conditions in Subsection L. The site shall be restored so that no evidence of the unit remains.
M.
The application for ECHO housing shall in the form of a minor site plan and submitted to the Planning Board.
§ 160-122 Uses in conjunction with agriculture.
[Added 12-6-2001]
The following activities shall be permitted as conditional uses on property satisfying the eligibility criteria for differential property taxation pursuant to the "Farmland Assessment Act of 1964," P.L. 1964, c. 48 (N.J.S.A. 54:4-23.1 et seq.):
A.
On-farm storage, Structures existing at the time of the adoption of this code may be utilized for storage of vehicles, nonhazardous materials, or such other equipment and items that the Board deems appropriate. The applicant shall be permitted to request the deferral of site plan pursuant to municipal procedures in conjunction with an application for this use.
B.
Campgrounds and retreats. Camping shall be permitted to the extent that no permanent structures shall be required to support the camping or festival activity. Adequate unimproved off-street parking shall be provided along with sanitary facilities in accordance with state and county health department regulations.
C.
Bed-and-breakfast inns. Existing farm buildings may be converted to incorporate a bed-and-breakfast business. The applicant shall provide adequate parking and meet all state and county health department regulations.
D.
Golf activities. Small golf-related activities such as "pitch-and-putt," miniature golf and driving ranges shall be permitted, subject to compliance with such site plan standards the Board considers necessary or appropriate.
E.
Entertainment. Entertainment activities such as construction and use of a corn maize, small-scale musical events, picnics and the like shall be permitted, subject to compliance with such site plan standards the Board considers necessary or appropriate.
F.
Animal farms. Animal farms which allow the public to observe farm animals in a typical farm setting designed to educate the public shall be permitted, subject to the provision of adequate parking, state- or county-mandated sanitary facilities, and compliance with such site plan standards the Board considers necessary or appropriate.
G.
Farm equipment repair. This activity shall be permitted, subject to satisfactory proof provided to the Board that all necessary measures for environmental protection, as well as screening the operation from adjacent residential properties or uses, has been or will be implemented.
H.
Educational and environmental studies shall be permitted in accordance with the following requirements:
(1)
Actively operating as a farm.
(2)
All new dwelling units shall be dedicated solely to the use of the farm workers for residential purposes. The applicant shall demonstrate a specific need to justify the number of units requested.
(3)
Annual certification confirming continued compliance with the condition of approval shall be provided by the applicant.
(4)
All new dwelling units shall be dedicated solely to the use of staff actively engaged in the educational programs at the facility. These shall be limited to those deemed essential to the operation of the facility upon a showing of proofs acceptable to the Board.
§ 160-123 Cellular communications facilities.
[Added 9-3-1999]
A.
Purpose.
(1)
The purpose of this section is to provide sound land use policies, procedures and regulations for personal wireless telecommunications facilities to minimize the on- and off-site effects of those facilities, while allowing their development to provide comprehensive wireless telecommunications services in White Township to benefit residents and businesses. This section expresses a preference that antennas be located on existing buildings and towers, preferably on municipal or other public property, rather than on newly constructed telecommunications towers, and encourages collocation and site sharing of new and existing cellular communications facilities.
[Amended 12-6-2001]
(2)
This section is designed to create the opportunity to locate communications facilities in area which, in the opinion of the Township, will have the least impact on the rural/undeveloped character of the community nor will it encroach on the reasonable expectations of the residents of the Township that their homes and personal safety remain protected. The intent of this section is to limit the location of such facilities to areas which are both acceptable to communication companies wishing to provide service, and consistent with the above objectives. The overriding objective of this provision is to ensure that the public health, safety and welfare is safeguarded and that the following purposes of the Municipal Land Use Law are advanced (see N.J.S.A. 40:55D-2):
(a)
To secure safety from fire, flood, panic and other natural and man-made disasters.
(b)
To encourage the appropriate and efficient expenditure of public funds by the coordination of public development with land use policies.
(c)
To provide sufficient space in appropriate locations for a variety of agricultural, residential, recreational, commercial and industrial uses and open space, both public and private, according to their respective environmental requirements in order to meet the needs of all New Jersey citizens.
(d)
To promote a desirable visual environment through creative development techniques and good civic design and arrangements.
(e)
To promote the conservation of historic sites and districts, open space, energy resources and valuable natural resources in the state and to prevent urban sprawl and degradation of the environment through improper use of land.
(f)
To encourage coordination of the various public and private procedures and activities shaping land development with a view of lessening the cost of such development and to the more efficient use of land.
B. ANTENNA ANTENNA SUPPORT STRUCTURE COLLOCATION COMMUNICATIONS FACILITY TELECOMMUNICATIONS TOWER
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
A system of electrical conductors that transmit or receive radio frequency signals for wireless communications.
A structure other than a telecommunications tower, which is attached to a building or other structure and on which one or more antennas are located.
Use of a common telecommunications tower or antenna support structure or a common site by two or more wireless license holders or by one wireless license holder for more than one type of communications technology and/or placement of antennas on a structure owned or operated by a utility or other public entity.
A commercial facility selling transmitting/receiving air facilities, available equipment and customary support facilities, access and security facilities. This specifically does not include microwave or television transmission.
A freestanding structure on which one or more antennas are located, including lattice towers, guyed towers, monopoles and similar structures.
C.
Area, bulk and yard requirements.
(1)
Minimum lot area: two acres.
(2)
Minimum front yard setback: 125% of the height of the structure.
(3)
Minimum rear yard setback: 125% of the height of the structure.
(4)
Minimum side yard setback: 125% of the height of the structure.
(5)
Maximum height of structure: 120 feet, except where more than one set of commercial transmitting/receiving antennas are collocated on a tower, height of the tower shall be not greater than 180 feet. This shall be measured as the overall height, including antennas.
(6)
If cellular communications facilities are located on the roof of a building, the area of the cellular communications facility and other equipment and structures shall not occupy more than 25% of the roof area. Height and setback required shall be as measured from the ground level.
D.
Locations permitted. Communications facilities are permitted in all zones as a conditional use, subject to the following conditions:
(1)
No such facility shall be located within 500 feet of a dwelling or within 1,000 feet of a school or public recreation facility.
(2)
Site plan approval by the White Township Planning Board shall be required.
(3)
In the event that such communication facilities are abandoned or not operated for a period of one year, the same shall be removed, at the option of the Township, at the sole expense of the operator.
(4)
Noise levels at any property line shall be not more than 50 decibels.
(6)
Any generator located on the site shall be within an equipment structure. All fuel shall be contained in accordance with New Jersey Department of Environmental Protection (NJDEP) requirements.
(7)
Site clearing shall be minimized to preclude the removal of vegetation beyond that necessary to install and maintain the facility.
(8)
Location priority is given to existing cellular communications facilities or water tanks, to existing high tension wire structures as regulated by state and federal regulations, to municipal land and such other location as the applicant proves are essential to provide required service to the White Township community. The applicant shall document its efforts to meet these priority requirements.
(9)
All cellular communications facilities shall be located to minimize visual impact on the surrounding area in accordance with the following standards. In applying these standards, locations in a higher priority category under this subsection shall be deemed more acceptable than lower priority sites.
(a)
Cellular communications facilities should be located to avoid being visually solitary or prominent when viewed from residential areas and the public way. The facility shall be obscured by vegetation, tree cover, topographic features and/or other structures to the maximum extent feasible.
(b)
Sites for cellular communications facilities must demonstrate that they provide minimal visual impact on residential areas and public ways. Potential visual impact must be analyzed to illustrate that the selected site provides the best opportunity to minimize the visual impact of the proposed facility.
(c)
Application for cellular communications facilities shall demonstrate that, to the extent feasible, historically significant views, streetscapes, and landscapes have been considered and avoided in the siting of a cellular communications facility.
(10)
Cellular communications facilities shall not be deemed a public utility under the White Township Code.
(11)
Collocation. Ordinance limitation on the number of structures on a lot (e.g., Article XIII of this chapter of the Township Code) shall not apply when cellular communications facilities are located on a lot with buildings or structures already on it.
[Amended 12-6-2001]
(12)
Fencing and other safety devices. Cellular communications facilities shall be surrounded by security features such as a fence. The security fence shall be chain link and eight feet high. All towers shall be designed with anti-climbing devices in order to prevent unauthorized access. Additional safety devices shall be permitted or required, as needed, and as approved by the Planning Board.
(13)
Landscaping. Landscaping shall be provided along the perimeter of the security fence and other areas deemed necessary to provide a visual screen or buffer for adjoining private properties and the public right-of-way.
(14)
Signs. Signs shall not be permitted except for required signs displaying owner contract information, warnings, equipment information and safety instructions. Such signs shall not exceed two square feet in area. No commercial advertising shall be permitted on any cellular communications facility.
(15)
Color. Cellular communications facilities shall be of a color appropriate to the tower's locational context and to make it as unobtrusive as possible, unless otherwise required by the Federal Aviation Administration (FAA).
(16)
Activity and access. All equipment shall be designed and automated to the greatest extent possible in order to reduce the need for on-site maintenance and thereby minimize the need for vehicular trips to and from the site. Access shall be from established site access points whenever possible. Minimal off-street parking shall be permitted as needed and as approved by the Planning Board.
(17)
Lighting. No lighting is permitted, except as follows:
(a)
Cellular communications facilities enclosing electronic equipment may have security and safety lighting at the entrance, provided that the light attached to the facility is focused downward and is on timing devices and/or sensors so that the light is turned off when not needed for safety or security purposes; and
(b)
No lighting is permitted on a cellular communications facility except lighting that specifically is required by the Federal Aviation Administration (FAA), and such required lighting shall be focused and shielded to the greatest extent possible so as not to project towards adjacent and nearby properties.
(18)
Monopole. Any proposed new telecommunications tower shall be a monopole unless the applicant can demonstrate that a different type pole is necessary for the collocation of additional antennas on the tower. The applicant, at the request of the Planning Board, may be required to employ camouflage technology.
(19)
Radio frequency emissions. The Federal Telecommunications Act (FTA) gives the Federal Communications Commission (FCC) sole jurisdiction of the field of regulations of radio frequency (RF) emission, and cellular communications facilities which meet the FCC standards shall not be conditioned or denied on the basis of RF impacts. Applicants shall provide current FCC information concerning cellular communications facilities and radio frequency emission standards. Cellular communications facilities shall be required to provide information on the projected power density of the proposed facility and how this meets the FCC standards.
(20)
Structural integrity. Cellular communications facilities must be constructed to the Electronic Industries Associations/Telecommunications Industries Association (EIA/TIA) 222 Revision F Standard entitled "Structural Standards for Steel Antenna Towers and Antenna Supporting Structures" (or equivalent), as it may be updated or amended.
(21)
Maintenance. Cellular communications facilities shall be maintained to assure their continued structural integrity. The owner of the cellular communications facility shall also perform such other maintenance of the structure and of the site as to assure that it does not create a visual nuisance.
(22)
Each application for a cellular communications facility shall be accompanied by a plan which shall reference all existing cellular communications facility locations in the applicant's White Township inventory, any such facilities in the abutting towns within or without New Jersey which provide service to areas within the White Township Community and any changes proposed within the following twelve-month period, including plans for new locations and the discontinuance, or relocation of existing facilities.
(23)
Each application shall include a site location alternative analysis describing location of other sites considered, the availability of those sites, the extent to which other sites do or do not meet the provider service or engineering needs and the reason why the subject site was chosen. The analysis shall address the following issues.
(a)
How the proposed location of the cellular communications facility relates to the objective of providing full wireless communications within White Township.
(b)
How the proposed location of the proposed cellular communications facility relates to the location of any existing antennas within and near the White Township community.
(c)
How the proposed location of the proposed cellular communications facility relates to the anticipated need for additional antennas within and near the White Township community and also meets the needs for emergency services communications.
(d)
How the proposed location of the proposed cellular communications facility relates to the objective of collocating the antennas of many different providers of wireless communications services on the same cellular communications facility tower.
(24)
The Planning Board may retain technical consultants as it deems necessary to provide assistance in the review of the site location alternative analysis. The service provider shall bear the reasonable cost associated with such consultation, which cost shall be deposited in accordance with the White Township's escrow provisions.[2]
(25)
Removal of abandoned cellular communications facilities. Any cellular communications facility that has not been operated for a continuous period of 12 months shall be considered abandoned. If there are two or more users of a single cellular communications facility, then the abandonment shall not become effective until all users cease using the cellular communications facility for a continuous period of 12 months. The owner of such cellular communications facility shall remove same within 90 days of notice from the Zoning Officer that the cellular communications facility is abandoned. If such cellular communications facility is not removed within said 90 days, the municipality may remove such cellular communications facility at the owner's expense. If the facility is to be retained, the provider(s) shall establish that the facility will be reused within one year of discontinuance. If a facility is not reused within one year, a demolition permit shall be obtained and the facility removed at the expense of the facility owner or the private landowner. At the discretion of the Zoning Officer, upon good cause shown, the one-year reuse period may be extended for a period not to exceed one additional year. The owner shall be required to submit to the Township Administration verification of yearly permits as issued by the state and/or the FCC on or about the first of every calendar year or renewal period. White Township retains the right to use abandoned cellular communications facility on municipal property for its own use.
(26)
Cellular communications facilities in existence on the date of the adoption of this section, which do not comply with the requirements of this section (nonconforming cellular communications facilities) are subject to the following provisions:
(a)
Nonconforming cellular communications facilities may continue in use for the purpose now used, but may not be expanded without complying with this section.
(b)
Nonconforming cellular communications facilities which are partially damaged or destroyed due to any reason or cause may be repaired and restored to their former use, location and physical dimensions, subject to obtaining a building permit therefor, but without otherwise complying with this section. If this destruction is greater than 40%, then repair or restoration will require compliance with this section.
(c)
The owner of any nonconforming cellular communications facility may repair, rebuild and/or upgrade (but not expand such cellular communications facility or increase its height or reduce its setbacks) in order to improve the structural integrity of the facility, to allow the facility to accommodate collocated antennas or facilities or to upgrade the facilities to current engineering, technological or communications standards without having to conform to the provisions of this section.
(27)
In addition to the applicable documentation, required escrow fees and items of information required for site plan approval, the following additional documentation and items of information are required to be submitted to the Planning Board for review and approval as part of the site plan submission:
(a)
Documentation by a qualified expert regarding the capacity of any proposed cellular communications facility for the number and type of antennas.
(b)
Documentation by a qualified expert that any proposed cellular communications facility will have sufficient structural integrity to support the proposed antennas and the anticipated future collocated antennas.
(c)
A letter of intent by the applicant, in a form which is reviewed and approved by the Township Attorney, indicating that the applicant will share the use of the cellular communications facility with other approved providers of wireless communications services.
(d)
A visual impact study, graphically simulating through models, computer-enhanced graphics or similar techniques, the appearance of any proposed tower and indicating its view from at least five locations around and within one mile of the proposed cellular communications facility where the cellular communications facility will be most visible. Aerial photographs of the impact area shall also be submitted.
§ 160-124 Golf courses.
[Added 12-6-2001]
Golf courses shall be permitted as a conditional use in residential zones and shall meet the area and yard requirements and such other requirements as hereinafter indicated:
A.
Minimum tract size shall be 80 acres.
B.
The Board, in considering a golf course application, shall require a turf management plan which meets best management practices. Such plan shall demonstrate that there will be minimal adverse impacts on ground and surface waters.
C.
There shall be no substantial negative impact on the neighborhood and on traffic, noise and lights, including both site and vehicular lighting.
D.
A site management plan shall be submitted which indicates the means by which the golf course will be irrigated and its facilities maintained. The means by which wildlife, in particular waterfowl, will be managed on site shall be identified.
E.
The property should be located in reasonable proximity to a collector street. Parking shall be provided for six spaces for each tee. Additionally, parking shall be provided for any clubhouse facilities at the rate of one space for each four seats.
F.
The golf course shall be designed so as to avoid negative impact on adjacent residential uses of land. Specifically, the design shall incorporate concerns with regard to typical golf operations and their relationship to residential property.
G.
Any non-golf-related activities held in or on any golf course facility shall, in the opinion of the Board, adequately address traffic, food preparation and general public health and safety.
H.
There shall be no significant water supply or water quality impact associated with the golf course. Adequacy of supply shall be demonstrated through suitable testing mechanisms.
I.
Golfing activities (play and practice) shall be limited from dawn to dusk.
J.
All facilities shall be located no closer than 40 feet to any side property line. Front and rear setbacks shall be 90 feet.
§ 160-125 Retail motor vehicle fuel sales.
[Added 2-22-2007 by Ord. No. 2007-5]
Retail motor vehicle fuel sales are permitted as a conditional use in the N-C, C-C and H-D Zones, provided that said conditional use shall meet all of the following requirements.
A.
Minimum lot size. There shall be a minimum lot area of 30,000 square feet measured within 200 feet of the front street right-of-way line.
(1)
Frontage. Every lot shall have a minimum street frontage of 150 feet.
(2)
In addition, if the Planning Board finds that the nature of the particular use proposed, either by virtue of sale, intensity of use, hazard or other such considerations, is such that a larger site is in the public interest, then it shall impose such additional requirements consistent with the intent and purposes of this chapter.
B.
Boundary restrictions. The nearest boundary line of the lot or parcel of land to be so used must be at least 300 feet measured in a straight line from any boundary line of property which is used as or upon which is located:
(1)
A public or private school or playground.
(2)
A church or other place of worship.
(3)
A hospital.
(4)
A public library, public art museum, civic center or other public building or structure or similar place of public assembly.
(5)
A theater or other building or structure used or intended to be used for motion pictures, theatrical or operatic productions or for public entertainment.
(6)
A firehouse or fire station.
C.
A twenty-foot wide landscaped strip across the entire frontage, exclusive of drive aisle, shall be provided and shall be landscaped with grass or ground cover, as well as low-growing buffering shrubbery and plants and shade trees.
D.
Front yard. No building, pump, mechanical equipment or other appliance shall be closer to the front street line than 50 feet, except canopy structures may be located as close as 25 feet to the street line.
E.
Side and rear yard. No building, pump, mechanical equipment or other appliance shall be closer to the side or rear lot line than 25 feet.
G.
Maximum height. No building height shall exceed one story. Canopy structures shall not exceed 20 feet in height.
H.
Off-street parking. All off-street parking facilities shall meet the following requirements:
(1)
Off-street parking shall be required in accordance with Table A, Parking Requirements by Land Use, contained in § 160-79D, for service station and retail store.
(2)
Screening. All motor vehicle fuel sales shall be screened by a buffer area not less than 10 feet in width composed of densely planted evergreen shrubbery, solid fencing or a combination of both which, in the opinion of the Planning Board, will be adequate to prevent the transmission of headlight glare across any property line. Such buffer screen shall have a minimum height of five feet above finished grade at the highest point of the parking area. The materials used shall be in keeping with the character of the adjacent area and shall be maintained and replaced as required.
(3)
Access. Entrance and exit driveways shall be limited to two for each 150 feet of frontage. Such driveways shall not be less than 16 feet nor more than 24 feet in width and at least 15 feet from any adjoining property and at least 50 feet from the corner of any intersecting public streets.
(4)
No area on the lot which is required for the movement of vehicles in and about the buildings and facilities shall be used for complying with the parking requirements of this section.
I.
Outdoor display. Accessory goods for sale may be displayed out-of-doors on the pump island. One permanent or one portable display rack for oil, windshield wiper blades and antifreeze products shall be permitted on each pump island. All other outside display racks are prohibited.
J.
Storage. All fuel tanks or other such containers for the storage of flammable materials, either liquid or solid, shall be installed underground at a sufficient depth to ensure against hazard of fire or explosion.
K.
Any vending machine for the sale of food, drinks, tobacco, and sundries located outside the principal building shall be located immediately adjacent to the building with adequate facilities for disposal of trash.
L.
Outside operation shall be limited to the dispensing of motor vehicle fuels, oil and water, changing tires and similar customary services.
§ 160-126 Convenience stores.
[Added 2-22-2007 by Ord. No. 2007-5]
Convenience stores as defined in § 160-5 are permitted in the N-C, C-C and H-D Zones, provided that convenience stores with motor vehicle fuel sales shall be a conditional use and shall meet all of the following requirements:
A.
Minimum lot size. There shall be a minimum lot area of two acres measured within 350 feet of the front street right-of-way line.
(1)
Frontage. Every lot shall have a minimum street frontage of 200 feet.
B.
Other uses. No part of any convenience store shall be used for any other purpose, except that a convenience store as defined in § 160-5 of this chapter may be operated with motor vehicle fuel dispensing pumps on the same lot, subject to the following requirements:
(1)
The convenience store with motor vehicle fuel dispensing pumps shall be limited to the dispensing of motor vehicle fuels and minor vehicle service such as windshield washing and adding oil, but shall not include major repairs or service to vehicles.
(2)
Off-street parking. All off-street parking facilities shall meet the following requirements:
(a)
Off-street parking shall be required in accordance with Table A, Parking Requirements by Land Use, contained in § 160-79D, for the retail store.
(b)
Screening. All convenience stores with motor vehicle fuel dispensing pumps shall be screened by a buffer area not less than 10 feet in width composed of densely planted evergreen shrubbery, solid fencing or a combination of both which, in the opinion of the Planning Board, will be adequate to prevent the transmission of headlight glare across the property line (except street lines). Such buffer screen shall have a minimum height of five feet above finished grade at the highest point of the parking area. The materials used shall be in keeping with the character of the adjacent area and shall be maintained and replaced as required.
(c)
Access. Entrance and exit driveways shall be limited to two for each 150 feet of frontage. Such driveways shall not be less than 16 feet nor more than 24 feet in width and at least 15 feet from any adjoining property and at least 50 feet from the corner of any intersecting public streets.
(d)
No area on the lot which is required for the movement of vehicles in and about the buildings and facilities shall be used for complying with the parking requirements of this section.
(3)
No pump, mechanical equipment or other appliance shall be closer to the front street line than 40 feet, except canopy structures may be located as close as 25 feet to the street line.
§ 160-126.1 Self-storage facilities.
[Added 2-24-2021 by Ord. No. 2021-02]
Self-storage facilities are permitted as a conditional use in the O-B and H-D Districts, provided that said conditional use shall meet all of the following requirements.
A.
No new self-storage facility shall be located within 1,200 feet of an existing or approved self-storage facility.
B.
Self-storage facilities shall provide a minimum front yard setback of 100 feet in the H-D District.
C.
Self-storage facilities shall only be permitted on the north side of Route 46 in the H-D District.
D.
A minimum setback of 200 feet shall be provided wherever a self-storage facility in the O-B District abuts a residential zone or residential property. A minimum landscape buffer 50 feet in width shall be included within the required setback.
E.
Minimum side yard setback shall be 50 feet each.
F.
No self-storage facility, unit, or portion thereof, shall be utilized for residential or dwelling purposes or for the storage of hazardous waste, hazardous substances or illegal substances of any kind.
G.
The facility shall be designed and constructed of durable materials and design concepts that address and are compatible with contemporary community standards, which shall include substantial landscape and hardscape elements to minimize the identity of the building as a self-storage facility.
H.
Fences shall comply with § 160-107, except that fences in the front yard are permitted at a maximum height of six feet for security purposes, provided that such fence be set back at least 20 feet from the right-of-way. No sharp or dangerous protrusions such as barbed or razor wire shall be placed on any fence.
§ 160-127 General provisions for conditional uses.
A.
Parks and public playgrounds. Parks and public playgrounds are not considered conditional uses and are permitted in all zones. All uses other than those listed and regulated in § 160-112A and not specifically permitted in a particular zone are prohibited as a conditional use.
[Amended 12-6-2001]
B.
Height limitations of conditional uses. Except where a specific height limitation is provided for a conditional use in this section or where an exception is permitted in § 160-105, any building or structure containing a conditional use shall conform to the height limitations of the zone district in which it is proposed to be located.
C.
Fees for conditional uses. Each application for a conditional use shall be accompanied by a fee as specified in Article VII of this chapter.
D.
Time frames for Planning Board action on conditional uses.
(1)
Action by the Planning Board shall be in accordance with the provisions of N.J.S.A. 40:55D-1 et seq. The Planning Board shall grant or deny an application for a conditional use within 95 days of submission of a complete application by a developer to the administrative officer or within such further time as may be consented to by the applicant.
(2)
The review by the Planning Board of a conditional use shall include any required site plan review. The time period for action by the Planning Board on conditional uses shall apply to such site plan review. Failure of the Planning Board to act within the period prescribed shall constitute approval of the application, and a certificate of the administrative officer as to the failure of the Planning Board to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval, herein required, and shall be so accepted by the county recording officer for purposes of filing subdivision plats.
(3)
Whenever review or approval of the application by the County Planning Board is required by Section 5 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.3), in the case of a subdivision, or Section 8 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.6), in the case of a site plan, the municipal Planning Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.
E.
Existing conditional uses. If a proposed conditional use is sought for a building or structure which existed at the time of the adoption of this chapter, including any enlargement or expansion of an existing conditional use or the conversion of an existing conditional use to another conditional use, there must be complete compliance with all the requirements for the conditional use that would apply to the construction of a new building or structure for that conditional use at that location.
F.
Rebuilding of a conditional use destroyed. Notwithstanding any provisions of this section to the contrary, in the case of a partial or complete destruction of a church or similar place of worship or rectories or parish houses or convents existing on January 1, 1979, the structure or building so destroyed may be rebuilt on the same site and as it existed prior to the destruction, even though it may not conform to all the conditions of that conditional use for that zone. The term "rebuilt as it existed" for the purposes of this section shall be deemed to mean that the structure or building may be rebuilt with ground coverage not in excess of that of the former building or structure and with usable floor space on all floors not in excess of that which existed in the former building or structure, and with a height not to exceed that which existed in the former building or structure. It shall not be necessary that the replacement be identical to the former structure in any other particulars.
G.
Findings of fact for conditional uses. The Planning Board shall not grant a permit for a conditional use unless it shall, in each specific case, make specific written findings of fact directly based upon the particular evidence presented to it that support the conclusion that:
(1)
The proposed conditional use complies with all the applicable regulations of this chapter.
(2)
The proposed conditional use at the specified location will not impair the welfare or convenience of the public.
(3)
The proposed conditional use will not cause undue depreciation of property values in the neighborhood.
(4)
The location and size of the conditional use, the nature and intensity of the operation and the location of the site with respect to access streets are such that the conditional use will not dominate the immediate neighborhood as to prevent the development and use of neighboring property in accordance with the applicable zoning regulations. In determining the foregoing, consideration shall be given to:
(a)
The location, nature and height of structures, walls and fences on the site.
(b)
The nature and extent of landscaping and screening on the site.
(c)
The safety and convenience of vehicular and pedestrian access and circulation to and within the site.
(d)
Anticipated volumes and destinations of traffic generated by the proposed use.
(5)
The proposed conditional use is needed by the residents of the Township of White and/or the State of New Jersey for their convenience or general welfare and that this need cannot be reasonably satisfied by any other means.
(6)
Adequate utilities, drainage and other facilities have or will be provided.
(7)
Adequate access roads or entrance and exit drives will be provided and shall be so designed to prevent traffic hazards and to minimize traffic congestion in public streets and alleys.