[Added 2-16-1999 by Ord. No. 637-99]
Uses listed as a conditional use in a particular district may
be permitted by the Joint Land Use Board after it has determined that
the development proposal complies with the conditions and standards
set forth herein for the location and operation of such use.
A.
Such use shall be clearly accessory to the principal use of the structure,
and only one such use shall be conducted on the premises.
B.
Such use shall be conducted by the owner or tenant residing on the
premises.
C.
Noise or other objectionable characteristics incident to the home
office or occupation shall not be discernible beyond the boundaries
of the lot.
D.
Not more than three persons shall be engaged in the home occupation
at one time, including the resident, and all work shall be conducted
entirely indoors.
E.
At least 960 square feet of habitable floor area shall be retained
for dwelling use.
F.
The remodeling of any residential building in any way to create an
impression of business activity from the exterior of the residential
building is prohibited. There shall be no physical evidence of said
use from the exterior of the residential buildings except for the
parking of associated vehicles as permitted herein.
G.
Not more than two commercial vehicles shall be parked on the lot
in association with the subject business. No tandem axle vehicles
or heavy construction vehicles (e.g., bulldozer, backhoe, etc.) shall
be permitted. Any parking of such vehicles shall be on the subject
property and not in the public right-of-way.
H.
Pickup and delivery of any materials associated with the home office/occupation
shall be restricted to the hours of 8:00 a.m. to 8:00 p.m., Monday
through Saturday.
This section pertains to medical and dental clinics, hospitals,
medical and dental laboratories contained in and connected with such
clinics or hospitals and hospital satellite facilities.
A.
The premises on which such use is conducted shall contain either
the minimum frontage requirement for residential lots in this zone
or at least two means of ingress and egress to a public road, each
of which shall have a paved width of 36 feet, except at the point
of intersection with a public street, where it may be wider to provide
for proper traffic channelization and safety provisions.
B.
The premises on which the use is conducted shall contain no less
than 1 1/2 acres.
[Amended 3-15-2021 by Ord. No. 924-2021]
C.
Maximum lot coverage by the facility shall be 60%.
D.
The facility shall meet all other minimum and maximum bulk requirements of the zone in which it is located, except that an additional buffer zone and screening shall be provided at the side and rear yards in accordance with the requirements of § 190-13.
E.
No parking associated with such facility shall be permitted in the
front yard. Screening in the form of landscaping, fencing, or combination
thereof shall be provided between any parking area and the public
right-of-way.
[Amended 4-19-2004 by Ord. No. 687-2004]
This section pertains to community residences for the developmentally
disabled, community shelters for victims of domestic violence and
community residences for persons with head injuries for more than
six persons pursuant to the requirements of the Municipal Land Use
Law, N.J.S.A. 40:55D-66.1.
[Amended 8-17-2009 by Ord. No. 756-2009]
A.
In the B Zone, downtown residential apartments may not be located
on the ground floor, basement or attic of the subject structure.
B.
No individual unit shall be less than 650 square feet.
C.
Each unit shall be complete and independent with its own kitchen,
bedroom and bathroom.
D.
Parking shall be provided for each unit in accordance with the requirements for dwellings found in § 190-111, unless it is an affordable unit, where each unit must provide one parking space either on site or leased in the neighborhood.
E.
All COAH-certified downtown apartments within the B District must
conform to the following:
(1)
The rental unit must receive a new certificate of occupancy
either through a gut rehabilitation if it is an existing residential
unit or if within an existing structure and not a residential unit
or new construction.
(2)
The rental occupant of the apartment must meet the low/moderate
income limitations established by COAH for the Hunterdon, Somerset,
Middlesex Region and verified by the Borough Administrative Housing
Agent.
(3)
The rent must be restricted to affordable low-income households
with a gross household income as determined by COAH and approved by
the Borough Administrative Housing Agent.
(4)
The rental unit must be affirmatively marketed pursuant to the
Borough's affirmative marketing plan, and the process must conform
to a random selection process dependent only on household income and
household size as it relates to the number of bedrooms.
(5)
Affordability controls of at least 30 years must be imposed
on the accessory apartment via a deed restriction or other instrument
acceptable to the Borough Attorney.
(6)
As a condition of approval, the accessory apartment owner must
be willing to submit an affidavit of continuing use every two years.
(7)
A municipal subsidy of $25,000 will be paid to the owner of
the accessory unit at the time that the unit is certified by COAH.
F.
Existing currently permitted downtown apartments in the B Zone may
become COAH certified, provided that all of the foregoing criteria
as well as the following criteria can be met:[1]
(1)
The unit is currently vacant.
(2)
If the unit is currently in substandard condition, it must be
brought up to standard condition.
(3)
The unit will be affirmatively marketed pursuant to the Borough's
affirmative marketing plan.
(4)
Each unit must be deed restricted for occupancy by a low-income
household for a period of at least 30 years.
(5)
A municipal subsidy of $25,000 will be paid to the owner of
the downtown unit at the time that the unit is certified by COAH.
Car washes shall comply with the standards found in the B-1
District, except as given below:
A.
Minimum lot area: 15,000 square feet.
B.
Utilities required. All such development shall be served by public
sewers and public water.
C.
All car washing facilities must be in an enclosed, although not fully
enclosed, building. Vacuum facilities may be located outside the building
but may not be located in any required yard area nor in the yard adjacent
to any residential zone.
E.
Sufficient off-street stacking area for not fewer than 12 automobiles
or that number of vehicles equal to the number capable of being processed
during 1/2 hour, whichever is greater, shall be provided. A space
of nine feet by 18 feet shall be deemed adequate for each required
space. Stacking of automobiles shall not be permitted in the public
right-of-way.[1]
F.
All car wash installations shall be equipped with a water recycling
system for 90% of the water usage.
G.
To aid in control and drainage of car washing water, car wash systems
employing high-pressure sprays shall:
(1)
Include building drains sized to accept 200% of maximum water
flow and shall discharge into enclosed piping connected to the closed
storm sewer.
(2)
Be arranged as to contain all spray within the car wash structure.
(3)
Have exit aprons equipped with grate drains and pitched for
a minimum of 20 feet toward the car wash structure at a gradient of
at least 1/4 inch per foot.
H.
Adequate provision shall be made to prevent excessive noise from
emanating from the facility. The sound produced by any mechanical
equipment involved in the operation of a car washing facility shall
not exceed 65 dB(A) when measured next to an adjacent residential
district or 70 dB(A) when measured in or adjacent to any nonresidential
district between the hours of 8:00 a.m. to 8:00 p.m. This shall be
lowered to 50 dB(A), measured at the property line, at any other time.
A.
Purpose. The intent of the Residential/Industrial Overlay Area is
to provide a conditional development option for a portion of the Industrial
Zone as indicated on the Zoning Map. This option permits the limited
development of residential use under specific conditions in exchange
for the preservation of a portion of related property as open space.
The purpose of this option is to encourage the preservation of that
portion of Block 19, Lot 51, identified on the Zoning Map with the
R/I Overlay, which is bordered by residential use, as permanent open
space. In exchange, the owner of said lot may develop up to three
residential dwellings in the R/I Overlay Area in accordance with the
conditions set forth herein. The remaining open space property may
be used in the computation of permitted floor area and impervious
coverage for the remainder of Lot 51, of which it is a part, which
is located outside of the R/I Overlay Area.
B.
Conditions.
(1)
Minimum development tract: the entire R/I Overlay Area as designated
on the Borough Zoning Map.
(2)
Maximum residential development: not more than three dwelling
units.
(3)
Lot area for individual dwellings: not less than 6,000 square
feet nor more than 20,000 square feet.
(4)
All residential units shall have direct access to Carpenter
Street or an approved extension thereof. Needed roadway improvements
are to be determined by the Borough Engineer and shall be the responsibility
of the applicant.
(5)
All remaining lands in the R/I Overlay Area and not included
in the residential lots shall be permanently restricted from further
development via a conservation easement, deed restriction or other
method as approved by the Joint Land Use Board. This area shall remain
in its undeveloped state and be added to the Borough greenbelt identified
in the 1994 Community Facilities and Recreation Master Plan and as
referenced in the April 1996 revisions to the Borough Master Plan.
This area shall continue to be counted as part of Block 19, Lot 51,
for the purposes of calculating permitted floor area ratio (FAR) and
impervious coverage for the remainder of that parcel.
(6)
Unless otherwise indicated, all residential units developed
under this option shall be developed in accordance with R-2 bulk standards.
(7)
Permitted and prohibited uses in the R/I Area shall be the same
as those in the I Zone, except that where the residential option is
exercised, no nonresidential use shall be permitted. Where the R/I
Overlay option is not exercised, all regulations pertaining to the
I Zone shall be in effect.
