A.
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.
B.
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.
C.
In all requests for approval of conditional uses, the burden of proof
shall be on the applicant. 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, the
following:
(1)
That the use will not injure, create a hazard or detract from
the use of neighboring property. Equipment, vehicles or supplies used
in the performance of the business shall not be stored outside the
building.
(2)
That the use will not detract from the character of the neighborhood.
(3)
That the use of property adjacent to the area included in the
plan is adequately safeguarded.
(4)
That the property is suitable for the intended use.
(5)
That the use will serve the best interests of the Borough.
(6)
That the use will not adversely affect public sewers and facilities
such as water, sewer, police and fire protection.
(7)
That the use will not adversely affect the drainage facilities
in the adjacent neighborhood.
(8)
That there shall be no display or sale of any merchandise whatsoever
in the street right-of-way.
(9)
That all merchandise accessible to the public shall be adequately
safeguarded to prevent injury to persons.
(10)
The building design and colors shall be consistent with the
neighborhood.
(11)
Additional requirements and standards as listed in this code.
A.
Home occupations may be permitted only within the principal and conforming
building on a lot. Home occupation uses shall not be permitted in
accessory buildings without a variance.
B.
Floor area devoted to home occupations. The area of a dwelling used
for the activities of a home occupation may not exceed 15% of the
total gross floor area of the dwelling, excluding basements, attics
and/or garages.
C.
No more than two nonresident employees, paid or unpaid, including
the owner/principal, may be permitted to work within the home occupation.
The business owner/principal must be a resident of this home.
D.
No goods, materials, supplies, equipment or items of any kind may
be delivered either to or from the premises, except in a passenger
vehicle or step-type van; and no goods, materials, supplies, equipment
or other items may be stored or displayed on or about the exterior
of the property or on or in a truck or trailer.
E.
Sales shall be incidental to the home occupation and home professional.
F.
Business hours for the home occupation may not extend beyond the
period between 8:00 a.m. and 8:00 p.m. Although residents of the home
occupation may conduct business beyond the designated hours, no nonresident
employee or business-related visitors may be on the property for business
reasons beyond designated business hours.
G.
Vehicle traffic (including deliveries) required by the home occupation
shall not exceed two vehicles per day Monday through Saturday and
no traffic on Sunday.
H.
Any property used as a home occupation shall have no visible exterior
characteristics which do not completely conform to those of a typical
residence. This applies to the site, architecture, signs, lighting
and any other features. A small professional nameplate, not exceeding
two square feet in area, shall be permitted.
I.
No measurable impacts, such as noise, vibrations, dust, odors, fumes,
smoke or glare may be caused by the home occupation. No equipment
may be utilized which interferes with radio or television reception
within the area.
J.
A certificate of occupancy shall be required for the floor area devoted
to the home occupation.
K.
Prohibited home occupations. The following activities are specifically
prohibited within the context of permitted home occupations: animal
hospitals, commercial stables, kennels, funeral parlors or undertaking
establishments, restaurant, lodging, any type of retail or wholesale
business or any type of manufacturing.
A.
The minimum lot size for service stations shall be 15,000 square
feet and the minimum frontage shall be 150 feet.
B.
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 20
feet to any right-of-way line. All lubrication, repair or similar
activities shall be performed in a fully enclosed building and no
dismantled parts shall be displayed outside of an enclosed building.
C.
No junked motor vehicle, or part thereof, shall be permitted on the
premises of any service station. No more than three motor vehicles
incapable of operation shall be located at any one time upon the exterior
premises, except a registered vehicle may be stored on the premises
for a period of time not to exceed seven days, provided that the owners
of said motor vehicles are awaiting their repair or disposition. All
stored vehicles shall be located in the rear of the property adequately
screened.
D.
Landscaping shall be provided in the front yard area equal to at
least 25% of the front yard area, and such landscaping shall be reasonably
distributed throughout the entire front yard area.
E.
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.
G.
Any service station which includes a convenience shop selling retail
goods such as beverages, packaged foods or sundries shall provide
parking in accordance with this chapter. Such parking shall not interfere
with aisles or lanes for servicing vehicles. The Board shall consider
distance to adjacent residential neighborhoods and the safety of pedestrians
from such neighborhoods to the service station.
H.
All other applicable requirements of this code must be satisfied.
See Article XIX, Bed-and-Breakfast Establishments.
Yacht clubs shall meet all applicable requirements of this code.
A.
The principal building shall be a minimum of 1,500 square feet and
the total floor area of the principal building shall not be more than
20% of the total lot area.
B.
All mechanical activities must be conducted within a totally enclosed
building.
D.
All other area, yard, building coverage, height and general requirements
of the respective zone must be met.
E.
Other development standards of the applicable zone shall be satisfied.
In specific areas of the GB General Business District, restricted
manufacturing may be used for the manufacture of products upon the
approval of the Planning Board, provided that the Planning Board finds
that the use will not:
A.
Cause or causes any vibrations or odors that can be felt or smelled
by persons in any residence district of the Borough at any time.
B.
Cause or causes at any time on weekdays between the hours of 8:00
p.m. and 8:00 a.m., or at any time on Sundays, any noises that can
be heard by persons in any residence district of the Borough.
C.
Cause at any time on weekdays between the hours of 8:00 a.m. and
8:00 p.m. any noises, audible in any residence district of the Borough,
that can be reduced or eliminated by the use, on the business, commercial
or manufacturing premises, of reasonable noise-prevention means or
methods.
D.
Cause or causes at any time on weekdays between the hours of 8:00
a.m. and 8:00 p.m. any noises notwithstanding any noise-prevention
means or methods that may be employed on the business, commercial
or manufacturing premises constituting a nuisance to persons in any
residence district of the Borough.
Country clubs shall meet all applicable requirements of this
code.
[Added 5-3-2006 by Ord.
No. 5-2006]
Telecommunications towers shall be subject to the following
conditional use standards:
A.
Telecommunications towers shall mean a structure that is designed
to include antennas and electronic control equipment at the base in
order to provide wireless communications services such as telephone,
telecommunications services and personal wireless services.
B.
Any telecommunications tower shall be located on an existing lot
that is owned and used by the municipality, a municipal agency or
a public utility company for providing public utility services, i.e.,
water, sewer, electric, gas, telephone and cable services, to residential
and nonresidential uses in the Borough.
C.
A telecommunications tower may not be located within 500 feet of
an existing telecommunications tower.
D.
The height shall not exceed 220 feet.
E.
Provision is made to allow antennas for emergency service agencies
such as police, fire and rescue services.
F.
The telecommunications tower is designed to collapse upon itself
to avoid damage at a distance from the tower.
G.
A site plan application, together with a site plan, complying with the requirements of § 109-8, Site plan details, shall be required. Notice of the application shall be made to all property owners within 200 feet of the property, as well as all utility companies that have registered with the Borough to receive such notices.
H.
Cross-easements for access and utilities shall be provided for sites
that are leased.
I.
An indemnification and hold harmless agreement in favor of the Borough
shall be submitted.
J.
A schedule shall be submitted indicating the frequency of site visits
and the frequency of inspections for the structural integrity of the
tower.
K.
All base facilities shall blend with the character of the neighborhood
with a landscape buffering located around the base of the tower.
L.
If the tower has been vacant for six months, the tower shall be removed
to the top of the foundation within two months, and the site shall
be restored to its original condition.
