[Added 4-11-88 by Ord. No. 88-918]
[Amended 7-10-95 by Ord. No. 95-23; 10-27-97 by Ord. No. 97-22; 5-8-17 by Ord. No. 17-22]
A.
Department stores and all uses normally associated with department
stores, including the sale and installation of auto accessories in
the main building or in a separate building, but nothing herein contained
is intended to permit the sale of gasoline, lubrication of motor vehicles
or the performance of any other auto repairs, painting or body work.
B.
Retail stores and sales.
C.
Services and service agencies, including hotels, motels, small animal
hospitals, garages and minor automobile repair shops with incidental
storage yard for vehicles awaiting repair, radio, television and electrical
repair shops, restaurants.
[Amended 7-10-95 by Ord. No. 95-23; 10-27-97 by Ord. No. 97-22]
D.
Public and parochial schools and colleges and private schools and
colleges for academic instruction.
E.
Public recreational and community center buildings and grounds.
F.
Public libraries and museums.
G.
Buildings used exclusively by the federal, state, county or local
municipal government for public purposes, but not including workshops,
warehouses or storage yards.
H.
Private, non profit recreational and community buildings, clubs,
swimming pools and activities of a quasi public, social, fraternal
or recreational character, such as golf and tennis clubs, camps, veteran
or fraternal organizations which are not of a commercial
I.
Professional occupations and general offices.
J.
The studio of a teacher of music, dancing or art.
K.
The studio of a photographer.
L.
Undertaking establishment.
M.
Clubs, lodges and association buildings, meeting rooms and halls.
N.
Public automobile parking areas.
O.
Public utility structures and facilities other than those of an industrial
character, such as repair and maintenance shops, storage facilities,
freight stations and freight yards.
P.
Fast food restaurants where the exclusive means of entry to the premises
is through an interior mall, corridor or passageway shared as the
common access to premises in the shopping center occupied by other
tenants.
Q.
Three or fewer mechanical or electrical amusement devices.
R.
Residential dwellings. Where a single family dwelling existing on
a lot as of January 1, 1988, the residential use may be thereafter
continued and the structure may be thereafter enlarged or expanded
as long as the proposed alteration conforms to the minimum requirements
for height, area, yard and off street parking as they existed prior
to January 1, 1988. If the proposed alteration does not conform to
the prior bulk regulations, an application for a bulk variance shall
be made to the Zoning Board of Adjustment.
S.
Banks and Financial Institutions.
[Added 5-8-17 by Ord. No. 17-22]
T.
Health Clubs.
[Added 5-8-17 by Ord. No. 17-22]
[Amended 7-9-90 by Ord. No. 90-21A; 4-14-93 by Ord. No. 93-12; 5-10-93 by Ord. No. 93-19; 7-10-95
by Ord. No. 95-23; 8-11-03 by Ord. No. 03-25; 7-26-04 by Ord. No. 04-08; 5-8-17 by Ord.
No. 17-22]
A.
Gas stations, on the basis of the following standards
[Amended 8-11-03 by Ord. No. 03-25]:
(1)
Where a gas station abuts a residence or residential zone, an
all season landscape buffer of twenty-five feet in width shall be
established at a minimum of six (6) feet in height. In addition, a
six (6) foot solid masonry wall shall be installed on the gas station
side of the buffer. The Board may adjust the location of the buffer
and wall.
[Amended 8-11-03 by Ord. No. 03-25]
(2)
[Deleted 8-11-03 by Ord No. 03-25]
(3)
[Deleted 8-11-03 by Ord No. 03-25]
(4)
The use of the premises for body work, painting, storage of
wrecked or junked motor vehicles, major motor vehicle repairs, parking
of motor vehicles or the sale or rental of any new or used motor vehicles,
trucks, motorcycles or trailers is hereby specifically prohibited.
[Amended 8-11-03 by Ord. No. 03-25]
(5)
Gasoline pumps shall be setback a minimum of twenty (20') feet
from the front property line.
(6)
Canopies over gasoline pumps shall be setback from the front
property line a minimum of 10 feet.
[Added 8-11-03 by Ord. No. 03-25]
(7)
Lights underneath the canopy shall be completely recessed.
[Added 8-11-03 by Ord. No. 03-25]
(8)
For areas designated by the Township Council by adopted Resolution
as "areas in need of redevelopment", gas stations shall neither be
a permitted nor a conditionally permitted use.
[Added 5-8-17 by Ord. No. 17-22]
B.
Gas stations minimarts; on the basis of the following standards
[Added 8-11-03 by Ord. No. 03-25 and 7-26-04 by Ord. No. 04-08]:
(1)
Parking shall be provided for the retail use at 1 space per
200 square feet of retail space; pump locations are not counted as
parking spaces.
(2)
The site shall be designed to minimize the potential for turning
movement conflicts and to facilitate safe and efficient on-site circulation.
Parking and pump cueing spaces shall be provided and located in such
a manner as to facilitate safe and convenient vehicle and pedestrian
access to all uses on the site. The curb to curb distance between
pump islands shall be thirty (30) feet.
(3)
All buildings shall have the same architectural features and
design on all sides of the buildings.
(4)
On-site video games shall not be installed or operated on the
premises.
(5)
ATM's shall be located within the retail building.
(6)
One loading space is required for the minimart.
(7)
No outside display or storage of merchandise other than automobile
maintenance supplies.
(8)
Fuel delivery shall not block access to customer parking spaces.
(9)
For areas designated by the Township Council by adopted Resolution
as "areas in need of redevelopment", gas stations with minimarts or
convenience stores shall neither be a permitted nor a conditionally
permitted use.
[Added 5-8-17 by Ord. No. 17-22]
C.
Attached and freestanding fast-food restaurants based upon the following
standards:
[Added 4-14-93 by Ord. No. 93-12; amended 7-26-04 by Ord. No. 04-08]
(1)
Minimum lot size shall be 40,000 square feet.
(2)
Building coverage shall be no greater than 10% of the lot area
for freestanding restaurants.
(3)
Parking shall be provided at a rate of 1 space for every two
seats plus 10 additional spaces for employees.
(4)
Indoor seating for patrons shall be provided. Indoor public
seating areas shall be a minimum of one-third of the building area.
(5)
No other tenants shall be permitted in the freestanding building.
(6)
The side and rear yards shall be screened with a solid masonry
wall or board-on-board fence at the Board's discretion, a minimum
of six (6) feet in height.
(7)
All season planted buffer strips ten feet in width shall be
provided along the side and rear property lines. Where the property
abuts a residence or residential zone these buffers shall be increased
to twenty-five (25) feet in width. In areas with existing space constraints,
the board may reduce the width of the buffer if additional plantings,
berms, plants of greater height or other mitigating factors are required
instead.
(8)
The applicant shall submit traffic and circulation studies to
establish the nature and extent of the anticipated customer volume
and that such volume can be accommodated at the location without substantial
adverse impact.
D.
Recreational and amusement facilities operated for profit, including bowling alleys, skating rinks and indoor theaters, mechanical or electrical amusement devices or mechanical or electrical facilities as described in Chapter 135 of the Code of the Township of East Brunswick, where there are four or more such mechanical or electrical devices, subject to the following standards:
[Amended 7-10-95 by Ord. No. 95-23 amended 7-26-04 by Ord. No. 04-08]
1.
No such place of amusement, recreation or assembly shall be located
within five hundred (500) feet of a residence or a residential zone,
regardless of whether or not such zone is actually developed for residences,
which distance shall be measured along a straight line from the nearest
boundary line of the lot on which the proposed use is to be located
and the nearest point of the residence or residential zone.
2.
No such place of amusement, recreation or assembly shall be permitted
as an accessory use to a permitted use unless the Planning Board shall
first have issued a conditional use permit as required by this Chapter.
E.
Drive-thru facilities at attached
and freestanding fast-food restaurants subject to the following standards:
[Added 4-14-93 by Ord. No. 93-12; amended 5-10-93 by Ord. No. 93-19; 7-26-04 by Ord. No. 04-08]
1.
A separate delineated drive-thru lane shall be provided.
2.
Queue storage that minimizes interference with pedestrian and vehicular
movements.
3.
The proposed drive-thru facility shall be implemented without posing
a safety hazard to pedestrian and vehicular traffic.
4.
Reserve parking spaces shall be provided between the drive-thru area
and the facilities exit. Such parking spaces are intended for use
by any drive-thru vehicles awaiting delivery of a delayed order.
5.
Drive-thru facilities shall operate only when the dining room is
open to the public.
6.
The drive-thru facility shall be designed for and utilized by motorized
vehicles only.
7.
A bail-out lane shall be provided so that cars in queue can leave
the queue safely.
8.
A canopy or cover shall be provided over the window.
9.
No loudspeaker shall be permitted at properties that abut a residential
zone or residential property line.
10.
Drive-thru windows proposed to be located within 150 feet of
a residential building shall be closed at 11:00 p.m., subject to the
following:
[Amended 5-10-93 by Ord. No. 93-19]
(a)
After the fast food restaurant is open and the drive-thru window
is in full operation, the applicant may seek modification of site
plan approval by returning to the Board which granted site plan approval.
Such modification may include a later closing time of the drive-thru
window(s). The applicant for such modification shall conduct noise
meter tests between 10:00 p.m. and 11:00 p.m. for seven (7) consecutive
nights and shall submit the test results to the appropriate board.
The board shall conduct a public hearing and will determine whether
the noise meter results comply with Township noise standards and whether
such later closing time of the drive-thru window(s) is consistent
with the health, safety and welfare of the adjacent residents.
F.
Taverns and nightclubs, subject
to the following:
[Added 7-10-95 by Ord. No. 95-23; amended 7-26-04 by Ord. No. 04-08]
1.
No tavern or nightclub shall be located within five hundred (500)
feet of a residence or a residential zone, regardless of whether or
not such zone is actually developed for residences, which distance
shall be measured along a straight line from the nearest boundary
line on the lot on which the proposed use is to be located and the
nearest point of the residence or residential zone.
2.
A fifty (50) foot wide landscape buffer shall be required where such
tavern or nightclub use or residential zone. The width of the landscape
buffer shall be measured at right angles from the abutting property
line. The landscape buffer shall be planted and maintained with a
dense screen of trees, shrubs and evergreens of such a type and nature
as to provide a solid "all season" screen. Trees and evergreens shall
be at least six (6) feet in height upon planting.
3.
The occupancy load of the structure shall be calculated by the applicant/developer
in accordance with BOCA National Building Code requirements and shall
be identified on the floor plan(s) submitted to the Planning Board
as part of the application process.
4.
Notwithstanding anything contained in § 228-15.1 of this Chapter to the contrary, required on-site parking spaces shall be calculated on the basis of one space for every four occupants as calculated in accordance with § 228-176.1E3 above, plus ten percent (10%) of the required spaces.
5.
No wall-mounted lights shall be permitted on the exterior structure
of such tavern or nightclub.
6.
The height of any structure shall not exceed thirty-five (35) feet.
7.
A noise impact study shall be submitted by the applicant/developer to the Planning Board as part of the application process assuring compliance with Chapter 147 of the Code of the Township of East Brunswick, known as the "Noise Control Ordinance".
8.
No such tavern or nightclub shall be permitted as an accessory use
to a permitted use unless the Planning Board shall first have issued
a conditional use permit as required by this Chapter.
[Amended 10-27-97 by Ord. No. 97-22; 1-5-98 by Ord. No. 97-35]
Accessory uses and buildings permitted shall be:
A.
Outside storage uses normally associated with the above businesses,
provided that these areas are fenced and screened from adjacent businesses
and residences by a dense evergreen hedge, masonry wall or a suitable
tight woven fence, not less than six (6) feet in height.
B.
Garages to house commercial vehicles normally associated with the
type of businesses listed above shall be regulated as follows:
(1)
Any new structure which provides garage space shall have the
garage attached as a part of the main building, not to exceed space
for six (6) automobiles or three automobiles and three commercial
vehicles.
(2)
Any existing structure may provide garage space in an accessory
building within the required rear yard space, not to exceed six (6)
automobiles or three automobiles and three commercial vehicles.
C.
Storage yard for vehicles with a registered gross vehicle weight
of 10,000 pounds or less and damaged or disabled vehicles associated
with a wrecker operation as an accessory use to an automobile service
station or minor automobile repair shops.
[Added 10-27-97 by Ord. No. 97-22; amended 1-5-98 by Ord. No. 97-35]
[Amended 7-10-95 by Ord. No. 95-23; 10-27-97 by Ord. No. 97-22; 5-8-17 by Ord. No. 17-22]
Prohibited uses and buildings shall include:
A.
Trailers intended or used for dwelling space, offices, storage or
any other residential, commercial or industrial purpose, except that
nothing herein contained is intended to prohibit the use of trailers
for transportation or as construction offices or for the storage of
materials and supplies on a job site during the period of construction,
or for the collection of aluminum to be recycled.
B.
Drive in restaurants.
C.
Used car lots.
D.
Car washes.
E.
Sex clubs, massage parlors and adult cabarets.
[Amended 7-10-95 by Ord. No. 95-23]
G.
Limousine or livery service.
[Added 8-28-89 by Ord. No. 89-51]
H.
Major automobile repair facilities.
[Added 10-27-97 by Ord. No. 97-22]
I.
For areas designated by the Township Council by adopted Resolution
as "areas in need of redevelopment", the following uses shall be prohibited:
[Added 5-8-17 by Ord. No. 17-22]
A.
Minimum lot size: 40,000 square feet. Where as of January 1, 1988
a commercial building existed on a lot with an area of less than 40,000
square feet, the commercial use may be thereafter continued and the
structure may be thereafter enlarged by no more than 150 square feet
without a lot size variance, provided Township parking standards are
met for the enlarged structure.
B.
Minimum lot width: two hundred (200) feet.
C.
Front yard setback for principal and accessory structures: 60 feet.
D.
Side yard setback for principal and accessory structures: one side:
20 feet; two sides: 50 feet.
E.
Rear yard setback for principal and accessory structures: 60 feet.
F.
An attached group of stores may be considered as one building in
applying the above yard space requirements.
G.
Maximum height: 35 feet.
H.
Maximum lot coverage: seventy-five (75%) percent.
I.
Landscape Buffer: twenty (20') feet along lot frontage and includes
shade trees, earth berms and landscaping.
J.
Parking area and driveway setback: 10 feet from side and rear lot
lines.
K.
Parking area landscaping: one canopy tree for every five (5) parking
spaces shall be planted within the parking area.
