[Amended 12-13-2012 by Ord. No. 26-12]
Pursuant to N.J.S.A. 40:55D-25 and N.J.S.A. 40:55D-60, the Land Use Board may approve conditional uses as permitted in this chapter. Application for a conditional use shall be made in accordance with the procedures set forth in Chapter 171 for site plan and conditional use approval.
A.
Before any permit is issued for a conditional use,
application shall be made to the Land Use Board. In reviewing the
application, the Board shall review the number of employees or users
of the property and the requirements set forth in this chapter, and
shall give due consideration to any elements which would affect the
public health, welfare, safety, comfort and convenience, such as but
not limited to the proposed uses, the character of the area, vehicular
travel patterns and access, pedestrian ways, landscaping, lighting,
signs, drainage, sewage treatment, potable water supply, utilities
, signs and structural locations and orientations. The Board shall
conduct a public hearing with notice on the application. A conditional
use shall be deemed to be a permitted use in the zoning district in
which it is located, and each conditional use application shall be
considered as a separate and individual case regardless of prior application
approvals. In all applications for approval of a conditional use,
the burden of proof shall be on the applicant. All conditional uses
shall require site plan approval or amended site plan approval.
B.
The Land Use Board shall not approve a conditional
use unless it finds that the use meets all the requirements of this
chapter.
A.
The nearest boundary line of the lot or parcel of
land to be so used shall be at least 300 feet from any boundary line
of property which is used as or upon which is erected:
(1)
A public or private school.
(2)
A church or other place of worship.
(3)
A hospital for humans.
(4)
A public library, public art museum or other public
building.
(5)
A theater, cinema or other building or structure used
or intended to be used for motion-picture, theatrical or operatic
productions or for public entertainment.
(6)
A public playground or civic center.
(7)
A firehouse or fire station.
(8)
An existing public garage or gasoline service station.
B.
Mixed use. No part of any public or gasoline service
station, wherever located, shall be used for any other purpose.
C.
Minimum lot area and frontage. The minimum lot area
shall be 10,000 square feet and the minimum street frontage of said
lot shall be 100 feet. If a public garage or gasoline service station
is located on a corner lot, the minimum street frontage on each street
shall be 100 feet.
D.
Entrance and exit driveways. Entrance and exit driveways
for a public garage or gasoline service station shall have an unrestricted
width of not less than 16 feet nor more than 24 feet, shall be located
not nearer than 10 feet from any lot line and shall be designed to
avoid the necessity of any vehicle exiting the site by backing out
across any public sidewalk, street, highway, right-of-way or portion
thereof.
E.
Paving requirements. The area of all driveways and other areas over which motor vehicles are intended to be driven or parked shall be paved with a bituminous or concrete surface meeting the specifications as set forth in Chapter 171, Land Subdivision and Site Plan Review.
F.
Outdoor repair prohibited. All services or repairs to or for motor vehicles, other than the filling of tires or the sale of gasoline or oil, shall be conducted within the confines of a building. Any vehicles stored outside overnight shall be so stored as to meet the provisions of § 172-22 of this chapter.
G.
Storage of flammable materials. Storage facilities for gasoline, oil or other flammable materials shall be located wholly underground and not nearer than 35 feet from any lot line other than any street sideline. No gasoline or fuel pumps, multiproduct dispensers, oil or lubrication mechanisms or other service appliances installed for use at such premises shall be within 35 feet of any street sideline and no gasoline or fuel pump or multiproduct dispenser shall be located or permitted within any enclosed or semi-enclosed building other than an overhead canopy designed to protect the pump islands and aprons from the elements. No liquid petroleum products or other flammable material shall be stored within a building except in conformance with the provisions of Chapter 139, Fire Prevention and Protection, of the Code and Chapter 140, Hazardous Materials, of the Borough of Rockaway.
H.
Those portions of all front, rear and side yards that
are not used for off-street parking, traffic circulation, pump islands
or other necessary site improvements shall be attractively planted
with trees, shrubs, plants and grass lawns as approved by the Land
Use Board.
[Amended 12-13-2012 by Ord. No. 26-12]
I.
Parking areas shall not be permitted in the required
front yard and shall not be located closer than 10 feet to any building
nor 25 feet from any side or rear property line.
J.
Buffering shall be provided as follows:
(1)
Buffer strip. A landscaped planting and buffer strip
not less than 10 feet in width shall be established and maintained
along all lot lines.
K.
Expansion of existing public garages or gasoline service
stations. No permit for the reconstruction, modernization, alteration
or expansion of any existing public garage or gasoline service station
shall be issued except upon compliance by the applicant with all the
provisions of this chapter.
L.
No waste material whatsoever shall be discharged into
any watercourse or storm drainage system.
M.
No liquid petroleum products or other flammable material
shall be stored aboveground out-of-doors.
B.
The lot area and all yard and setback requirements
of the zone district shall be met; provided, however, that no yard
shall be less than the height of the facility.
