Woodbury Heights City Zoning Code
ARTICLE VI
Exceptions and Modifications
§ 70-33 Conditional uses.
A.
Application.
(1)
Before a building permit or certificate of occupancy shall be issued for any conditional use as permitted by this chapter, application shall be made to the Planning Board. The Planning Board shall grant or deny said application 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 pursuant to this chapter. Public notice and a hearing shall be required as stipulated in this chapter.
(3)
The Planning Board shall give due consideration to all reasonable elements which could affect the public health, welfare, safety, comfort and convenience, such as but not limited to proposed use or uses, the character of the area, vehicular travel patterns and access, pedestrian ways, landscaping, lighting, signs, drainage, sewage treatment, potable water supply, utilities and building structure location or locations and orientation or orientations.
B.
Service stations.
(1)
The minimum lot size for service stations shall be 10,000 square feet, and the minimum frontage shall be 100 feet.
(2)
No service station shall be located within 500 feet of any firehouse, school, playground, church, hospital or public building.
(3)
All appliances, pits, storage areas and trash facilities other than gasoline filling pumps or air pumps shall be within a building. Gasoline filling pumps and air pumps shall be permitted within the required front yard space of service stations but shall be no closer than 15 feet to any future street line. All lubrication, repair or similar activities shall be performed in a fully enclosed building, and no dismantled parts shall be displayed outside an enclosed building.
(4)
No junked motor vehicle or part thereof or motor vehicles incapable of normal operation upon the highway shall be permitted on the premises of any service station. It shall be deemed prima facie evidence of violation of this chapter if more than three motor vehicles incapable of operation are located at any one time upon any premises not within a closed and roofed building, except, however, that a number not exceeding six motor vehicles may be located upon any service station premises outside a closed or roofed building for a period of time not to exceed seven days, provided that the owners of said motor vehicles are awaiting repair or disposition of said motor vehicles.
(5)
Landscaping will be provided in the front yard equal to at least 10% of the front yard area, and such landscaping shall be reasonably distributed throughout the entire front yard area.
(6)
The exterior display and parking of motor vehicles, trailers, boats or other similar equipment for sale shall not be permitted as part of a service station.
(7)
Service stations shall provide at least six spaces for the first lift, wheel alignment pit or similar work area; five additional spaces for a second work area; and an additional three spaces for each additional work area. Such spaces shall be separated from the driveway and general apron areas which give access to the gasoline and air pumps and service areas. No designated parking space shall obstruct access to such facilities. No parking shall be permitted on unpaved areas.
(8)
Service stations shall be permitted the following signs:
(a)
One freestanding sign advertising the name of the station or garage and the principal products sold on the premises, including any special company or brand name, insignia or emblem, provided that each such sign shall not exceed 35 square feet in area and shall be set back at least 10 feet from the street lines and 15 feet from lot lines.
(b)
One temporary sign located inside the property line and specifically advertising special seasonal servicing of automobiles, provided that said sign does not exceed seven square feet in area.
(c)
Directional signs or lettering displayed over individual entrance doors or bays and consisting of the words "washing," "lubrication," "repairs," "mechanic on duty" or other words closely similar in import, provided that there shall not be more than one sign over each entrance or bay.
(d)
Customary lettering or other insignia which are a structural part of a gasoline pump, consisting of a brand name of a gasoline sold, lead warning sign, a price indicator and any other sign required by law.
(9)
All other applicable requirements of this chapter must be met.
C.
Public Utility Uses.
[Amended 9-3-03 by Ord. No. 7-2003]
(1)
For purposes of this section, the term "public utility uses" shall mean those facilities needed or required by a bonafide public utility that is substantially in the business of providing essential services such as public water, public sewer, electricity, natural gas, telephone, cable television or other similar public utility services by means of facilities such as telephone dial equipment center, power stations, pump stations, and the like.
(2)
The proposed facility, in order to be located in a residential zoning district, must be reasonably necessary for the provision of that service by the public utility to the residential neighborhood or area in which the particular facility is to be located. As a guideline to the Borough Planning Board when considering a proposed public utility use as a conditional use under this section, as a basis for exercising its vested discretion, no such conditional use approval shall be granted unless the applicant can prove to the satisfaction of the Board that the proposed facility will substantially service the residential neighborhood or area that it is to be located in and that the proposed facility will not be mainly servicing an area outside of the neighborhood in which it is proposed to be located.
(3)
Any public utility proposing a facility to be located in a residential neighborhood or area shall prove to the satisfaction of the Board that such essential service cannot be achieved for the particular neighborhood or area without the construction or installation of the proposed facility, such that there are no other alternate means for such service to those residents.
(4)
The design of any facility or building in connection with such public utility use shall conform to the general character of the residential neighborhood and area and not adversely affect the safe, comfortable enjoyment of property rights in which it is located. Specifically, any proposed public utility facility shall not impair the outdoor use or enjoyment of adjacent properties, shall not impair or degrade the aesthetics or vistas of any neighboring or adjacent residences, shall not impair or degrade light or air qualities of any neighboring or adjacent residences and shall not contribute nor increase noise, light or air pollution to the area.
(5)
Adequate fencing and other safety devices shall be provided as may be required by the Planning Board during site plan review. Fences, when used to enclose public 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 Electric Safety Code in effect at the time of construction.
(6)
Sufficient landscaping, including shrubs, trees and lawns, shall be provided and maintained to create a visual and aesthetic buffer for all public utility facilities. An attempt shall be made by the public utility to completely screen in all directions the proposed facility from neighboring view.
(7)
Off-street parking, if needed, shall be provided as determined by the Planning Board during site plan review.
(8)
All other area, yard, building coverage and height requirements of the respective zone shall be met by the proposed facility. For the purposes of this section, any proposed facility shall be deemed a "building", subject by definition to all requirements for a building as otherwise regulated by the provisions of this chapter and the requirements of the applicable zone. Building height shall be strictly limited to Section 70-8 of this chapter.
(9)
The height and size of any facility proposed by a public utility to be located in a residential neighborhood or area shall be limited to that which is necessary to provide adequate service to that residential neighborhood or area. The facility shall be of a style and shape that is customary and standard for that type of facility or service, and shall be painted or otherwise camouflaged to best blend in with the surrounding areas in the discretion of the Planning Board. All lettering, symbols, emblems, lighting, signage and decorative features shall be approved by the Planning Board during site plan review.
(10)
As regards any facility being proposed by a public utility that may involve a possible overflow, such as water storage facility, provisions to account for said overflow shall be provided by the public utility for review and approval by the Planning Board; satisfactory acceptance of such overflow provisions is required for any conditional use approval under this section.
(11)
Prior to any conditional use approval being granted by the Planning Board, the public utility shall show to the satisfaction of the Board that the proposed facility cannot be adequately or reasonably sited at another location not within a residential neighborhood, area or zone of the Borough of Woodbury Heights.
D.
Car washes.
(1)
All mechanical activities must be conducted within a totally enclosed building.
(2)
Drainage from inside the building or buildings shall feed to a sanitary sewer system. No dry well or septic tank will be permitted in connection with said drainage.
(3)
All of the other area, yard, building coverage, height and general requirements of the respective zone and other applicable requirements of this chapter must be met.
(4)
Off-street parking shall be provided in accordance with the following schedule: two access lanes for each mechanized car wash entrance, with each lane having a maximum capacity of 12 vehicles; one separate entrance for each waxing, upholstery cleaning or self-service coin-operated area; and one space for every one employee. All vehicle entrances shall be from the rear of the building, and all parked and waiting vehicles shall be accommodated on the lot.
(5)
Two signs shall be permitted, each not exceeding an area equivalent to 5% of the first floor portion of the front facade or 75 square feet, whichever is smaller. Freestanding signs shall be set back at least 10 feet from all street lot lines.
E.
Hotels and motels.
(1)
Any hotel or motel that may be constructed on a lot or parcel of land must contain a minimum of at least 20 units of accommodation, exclusive of, but in addition to, a permanent on-site superintendent's living quarters. The minimum number of units of accommodation in any single building shall be 10.
(2)
Each unit of accommodation shall contain a minimum floor area of 250 square feet. Ceilings shall be a minimum of eight feet in height.
(3)
Each unit of accommodation shall include a minimum of two rooms, a bedroom and a separate bathroom. No more than 20% of the units shall include cooking facilities with said unit.
(4)
All of the other area, yard, building coverage, height and general requirements of the respective zone and other applicable requirements of this chapter must be met.
(5)
Off-street parking shall be provided at the ratio of one and one-fourth (1 1/4) spaces per room.
(6)
Two signs shall be permitted, each-not exceeding an area equivalent to 5% of the first floor portion of the front facade or 75 square feet, whichever is smaller. Freestanding signs shall be set back at least 10 feet from all street and lot lines.
F.
Automobile sales.
(1)
The minimum lot size for an automobile sales enterprise shall be 10,000 square feet, and the minimum frontage shall be 100 feet.
(2)
Minor repairs for motor vehicles may be provided, but no body repairs or painting of vehicles shall be permitted. All minor repair activities shall be performed in a fully enclosed building. All trash facilities shall also be within a building.
(3)
No junked motor vehicle or part thereof or a motor vehicle incapable of normal operation upon the highway shall be permitted at any time upon the premises.
(4)
All lighting shall be provided and approved as part of a site plan submission. All lighting shall be mounted upon a pole; no string or hanging lights shall be permitted.
(5)
Landscaping will be provided in the front yard equal to at least 10% of the front yard area, and such landscaping shall be reasonably distributed throughout the entire front yard area.
(6)
All surfaces upon which automobiles are parked or stored, even temporarily, shall be paved and drained as approved by the Borough Engineer. No parking of vehicles shall be permitted on unpaved surfaces.
(7)
Customer parking facilities [at least 10 spaces] shall be provided and shall be separated from vehicular display areas.
(8)
Two signs shall be permitted, each not exceeding an area equivalent to the first floor portion of the front facade or 75 square feet, whichever is smaller. Freestanding signs shall be set back at least 10 feet for all street and lot lines.
G.
Conditional use and site standards for cannabis facilities.
[Added 5-18-2022 by Ord. No. 11-2022; amended 10-19-2022 by Ord. No. 20-2022]
(1)
All cannabis establishments located within the Borough shall meet all requirements for licensure and hold the appropriate license issued by the Cannabis Regulatory Commission, Department of the Treasury, State of New Jersey. Additionally, any cannabis use shall submit for conditional use approval and site plan approval to the Land Use Board and the following conditions shall be satisfied:
(a)
No cannabis establishment shall permit on-site consumption of cannabis or cannabis related products, including no on-site sales and consumption of alcohol or tobacco products.
(b)
All cannabis establishment operations shall be conducted within a building and no operations shall be conducted outside. No outdoor storage of any cannabis, cannabis products or cannabis related materials shall be permitted.
(c)
All facilities shall be located within enclosed buildings and shall not be permitted outdoors.
(d)
Any licensed manufacturing facility shall provide an air treatment system with sufficient odor absorbing ventilation and exhaust systems such that any odors generated inside the facility are not detectable by a person of reasonable sensitivity anywhere on adjacent property, within public rights of way, or within any other unit located within the same building as the licensed facility if the use only occupies a portion of a building. Retail facilities shall not produce any odors that are detectable by a person of reasonable sensitivity anywhere on adjacent property, within public rights of way, or within any other unit located within the same building as the licensed facility if the use only occupies a portion of a building. Odor from any cannabis facility shall be monitored on an annual basis at the discretion of the Borough by a licensed, qualified contractor chosen by the Borough at a cost that shall be paid for by the licensed cannabis facility.
(e)
Any licensed retail or manufacturing facility shall provide for noise mitigation features designed to minimize disturbance from machinery, processing and/or packaging operations, loading, and other noise generating equipment or machinery. All licensed facilities must operate within applicable State decibel limitations.
(f)
To the extent not already required by the entity's State license, all sites must be equipped with security cameras covering all exterior parking and loading areas, points of entry, and interior spaces which are either open to the public or used for the storage or processing of cannabis products. Footage must be maintained for the duration required under State law.
(g)
All licensed facilities must provide the Borough Police Department with access to security footage immediately upon request by the Department.
(h)
To the extent not already required by the entity's State license, all licensed facilities must provide at least one security guard (or more if required by the State) during all times the facility is open to the public. At a minimum, the security guard shall be a State Certified Security Officer whose certification is in good standing.
(i)
All licensed facilities must mitigate lighting spillover into any residential neighborhoods and shall comply with all applicable State lighting limitations.
(j)
No cannabis establishment shall be located within the following distances from the specified land uses listed below. The specified measurements shall be measured from the property line of the cannabis establishment to the property line of the identified land use. The distance requirement across major highways such as Route 45 and the NJ Turnpike shall be measured to the specified land use along the path of travel a pedestrian would reasonably walk to access the site.
[Amended 7-19-2023 by Ord. No. 12-2023]
(k)
Cannabis waste shall be stored, secured, and managed in accordance with applicable state laws.
(l)
Each cannabis use shall provide the following number of parking spaces:
(m)
A traffic impact study is required, which includes estimated delivery vehicles, size of vehicles and number of employees. Additionally, a Class 5 Retail Cannabis establishment shall provide an on-site circulation plan for vehicles and pedestrians.
(n)
Hours of Operation for the Cannabis Manufacturing and Retail facilities shall not exceed 9:00 a.m. through 10:00 p.m.
(o)
The application shall include a statement of conformance, and indicate how conformance will be achieved, if applicable, with § 70-49.21 Performance Standards in the Land Development Regulations.
(p)
All applications proposing a cannabis use shall include a site plan which shall address lighting, parking, loading, landscaping, stormwater management and any other standard in the Borough Development Regulations, subject to the Planning Board's right to grant a submission waiver for any item required under the Borough Development Regulations in accordance with N.J.S.A. 40:55D-10.3.
(q)
Signage shall otherwise comply with the requirements of the Borough Land Use Regulations to the extent permissible by applicable State laws and regulations governing signage standards for licensed cannabis businesses. The following words, however, shall be prohibited from appearing on any sign: "marijuana", "pot", and "weed". No cannabis product shall be displayed in any windows or doors. No cannabis business shall place or cause to be placed any off-site advertising signage.
(r)
A planted buffer and fencing are required along any property line that abuts a residential district.
(s)
Cannabis waste shall be stored, secured, and managed in accordance with applicable State Laws.
(t)
The total number of licensed cannabis establishments permitted in the LI-Light Industrial District shall be two.
(u)
The total number of licensed cannabis establishments permitted in the HC-Highway Commercial District shall be two.
[Amended 7-19-2023 by Ord. No. 12-2023]
(v)
No Class 6 cannabis delivery establishment shall be permitted within the Borough.
§ 70-34 General exceptions and modifications.
A.
Christmas tree sales. The annual sale of Christmas trees is permitted in any zone between December 1 and December 30, inclusive, provided that:
B.
Heights. Except for single-family and two-family residential dwellings as permitted in this chapter, penthouses or roof structures for the housing of stairways, tanks, ventilating fans, air-conditioning equipment or similar equipment required to operate and maintain the building, skylights, spires, cupolas, flagpoles, chimneys or similar structures may be erected above the heights prescribed by this chapter, but in no case more than 10% more than the maximum height permitted for use in the district.
C.
Public election voting places. The provisions of this chapter shall not be construed as to interfere with the temporary use of any property as a voting place in connection with a municipal or other public election.
D.
Public utility lines. Public utility lines for the transportation and distribution and control of water, electricity, gas, oil, stream and 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 zone for the above uses.