A.
In all requests for approval of conditional uses, the burden of proof
shall be on the applicant. The 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 proposed
use(s), the character of the area, vehicular travel patterns and access,
pedestrianways, landscaping, lighting, signs, drainage, sewage treatment,
potable water supply, utilities, and building and structure location(s)
and orientation(s). All proposed structures, equipment, and material
shall be readily accessible for fire and police protection.
B.
The proposed use shall be of such location, size and character that, in general, it will be in harmony with the appropriate and orderly development of the district in which it is proposed to be situated, will be free of nuisance characteristics, and will not be detrimental to the orderly development of adjacent properties in accordance with the zoning classification of such properties. Conditional uses must meet the requirements listed below, in addition to those outlined elsewhere. Applications for conditional use approval must satisfy all requirements set forth in Checklists 1, 2 and 9 in Chapter 218, Subdivision of Land and Site Plan Review.
A.
Bulk requirements must meet the commercial standards for the zone
in which the property is located.
B.
The business owner/operator must live in the dwelling.
C.
The area devoted to the occupation shall be located within the dwelling
unit or in any accessory building. The amount of space devoted to
the occupation must be clearly incidental and secondary to the use
of the main building for residential purposes. There shall be no more
than one business establishment per property.
D.
One sign shall be permitted, provided that the area does not exceed
six square feet.
E.
No more than two nonresident employees shall be permitted.
F.
There shall be no exterior display of products, no exterior storage
of materials and no other exterior indication of the occupation, except
for one sign, that shall cause the premises to differ from the residential
character of the area.
G.
Parking for customers and employees shall be provided on site.
Extractive industries shall be in compliance with Chapter 132 of the Middle Township Code.
A.
Bulk standards of any fueling station shall meet the district regulations
or the regulations below, whichever are more restrictive:
|
Type
|
Requirement
| ||
|---|---|---|---|
|
Lot area
|
40,000 square feet
| ||
|
Lot width
|
150 feet
| ||
|
Lot frontage
|
150 feet
| ||
|
Yards:
| |||
|
Front
|
50 feet
| ||
|
Side (1)
|
25 feet
| ||
|
Total both sides
|
50 feet
| ||
|
Rear
|
50 feet
| ||
|
Accessory:
| |||
|
Side
|
20 feet
| ||
|
Rear
|
20 feet
| ||
|
Maximum building height
|
35 feet
| ||
|
Maximum impervious coverage
|
75%
| ||
B.
No service station shall be located within 500 feet of any firehouse,
school, playground, church, hospital, public building or institution.
C.
All storage areas and trash facilities shall be suitably screened,
and all pits, lifts and working areas shall be within a building.
All lubrication, repair or similar activities shall be performed in
an enclosed building, and no dismantled parts shall be placed outside.
D.
All gasoline pumps, air pumps and the islands upon which pumps are
normally located shall be set back from the street line at least 50
feet. A minimum space of 25 feet shall exist between any two islands
and between any island and the service station building.
E.
No junked motor vehicle or part thereof and no unregistered motor
vehicle shall be permitted outside an enclosed service station building.
No more than six motor vehicles may be located outside a service station
building for a period not to exceed five days, provided that the owners
are awaiting the repair of said motor vehicles.
F.
The exterior display and parking of equipment for rent or sale shall
be permitted, provided that the area devoted to this purpose is in
addition to the minimum lot size required for a service station, the
area devoted to this purpose does not exceed 20% of the total area
of the entire site, and that the location of the equipment being rented
or sold does not interfere with the required off-street parking requirements
for the service station and does not interfere with the traffic circulation
indicated on the approved site plan.
G.
It is intended that service stations be designed compatibly with
other permitted uses in the zone in which they are located. Ingress
and egress shall be designed to recognize the turning movements generated.
These access points shall be coordinated with the access points required
for nearby uses, frequency of intersecting side streets, minimizing
left turns off collector and arterial streets and maintaining building
setbacks compatible with the required setbacks and landscaping.
H.
No parking shall be permitted on unpaved areas.
A.
Purpose and intent:
(1)
To protect and maintain the character of established residential
neighborhoods, including freedom from noise, excessive traffic, nuisance,
fire hazard and other possible adverse effects from certain commercial
activities being conducted in residential areas.
(2)
To recognize that certain professional and business uses, if
property limited and regulated, can serve a benefit to the property
owner and community.
(3)
To acknowledge that in some cases the commercial activity increases
beyond the limits originally intended, negatively impacting the surrounding
neighbors, and resulting in the need for regulations and registration
for proper and equitable enforcement.
(4)
To grant permission for greater commercial activity on larger
lots in rural areas, recognizing that the impacts will have less of
an effect than on more densely populated neighborhoods.
B.
HOME OCCUPATION
Definitions.
A business, profession, occupation or trade conducted for
gain or support, within a legally existing residential building or
an accessory thereto, which is clearly incidental and secondary to
the use of such building for dwelling purposes, and which does not
change the essential residential character of such building(s).
C.
General regulations.
(1)
The occupation shall be conducted entirely within the dwelling
and/or within an accessory building, in accordance with the tier regulations
below.
(2)
That portion of the dwelling unit utilized for the home occupation
shall not exceed 30% of the total floor area of said dwelling unit.
Limits on accessory structures are outlined below.
(3)
There shall be no exterior display of products, no exterior
storage of materials and no other exterior indication of the occupation,
except for where permitted in compliance with this section and indicated
below, that shall cause the premises to differ from the residential
character of the area.
(4)
No machinery or equipment shall be used which will generate
noise audible on adjoining properties. No occupation shall produce
any offensive vibration, smoke, dust, odors, heat or glare.
(5)
If the home occupation is open to the public, hours of operation
must be within the hours of 8:00 a.m. to 9:00 p.m.
(6)
Any need for parking generated by the business, either by the
public or by employees, shall be on site. This shall be in addition
to any parking required by the residential use.
(7)
Home occupations are not permitted in townhome or multifamily
residential developments.
(8)
There shall be three tiers of regulations, depending on the
zoning district and, in some cases, lot area of the residential property.
|
Regulation
|
Tier 1
|
Tier 2
|
Tier 3
| |
|---|---|---|---|---|
|
Zoning district where permitted
|
All residential zones
|
All lots in R, SR, TP, VC, and VR
RB: lots less than 1 acre
RC: lots less than 2 acres
|
RB: lots 1 acre or greater
RC: lots 2 acres or greater
| |
|
Maximum number of vehicles associated with the business
|
1 vehicle
|
2 vehicles
|
6 vehicles
| |
|
Maximum number of commercial vehicles
|
None
|
1
|
6
| |
|
Maximum number of trailers, on-site only
|
None
|
None
|
2
| |
|
Open to the public
|
Not permitted to be open to the public
|
1 patron at any time
|
Up to 2 patrons at any time
| |
|
Signage: maximum 1 unlit sign in all tiers, maximum size
|
2 square feet flush with residence
|
4 square feet flush with residence
|
6 square feet free- standing or wall sign
| |
|
Number of nonresident employees
|
No employees working on site or picking up work vehicles
|
1 employee working on site; plus 1 employee picking up work
vehicle
|
2 employees working on site; 6 employees picking up work vehicles
| |
|
Maximum area
|
30% of dwelling or 400 square feet in accessory structure
|
30% of dwelling or 650 square feet in accessory structure
|
30% of dwelling or 1,500 square feet in accessory structure
| |
|
Exterior storage
|
Not permitted
|
Not permitted
|
2% of lot area, maximum 1,000 square feet, not visible from
any public right-of-way or adjoining property, 50-foot side and rear
yard setback
|
|
NOTES:
| |
|---|---|
|
Site plan approval is required for home occupations that meet
any of the Tier 2 or Tier 3 provisions.
|
D.
Administrative procedures.
(1)
Within one year of adoption of this chapter, all existing home
occupations shall register at the Middle Township Zoning Office. Any
home occupations that received prior Planning or Zoning Board approval
will be grandfathered under the existing approval.
(2)
Site plan approval is required for home occupations that meet
any of the Tier 2 or Tier 3 provisions.
(3)
Any new home occupation shall be in compliance with this section
and shall register prior to operation.
(4)
A fee in the amount of $25 shall be paid when the registration
application is submitted.
(5)
Inspection. At any time, the Zoning Officer or Code Official
may conduct an inspection of the home occupation to ensure compliance.
(6)
Revocation of permit. If it is determined that the home occupation
is not being conducted as specified in the registration, the registration
will be revoked.
A.
The use may include such medical, clinical, laboratory, research,
training and educational facilities as have been granted certificates
of need by New Jersey or are reasonably necessary to service the health
needs of the region. Parking lots and garages for hospital-related
uses, emergency transportation facilities, including heliports, and
day-care centers are permitted.
B.
The following bulk regulations shall apply:
|
Type
|
Requirement
| |
|---|---|---|
|
Minimum lot area
|
8 acres
| |
|
Minimum lot frontage
|
200 feet
| |
|
Minimum lot width
|
200 feet
| |
|
Minimum front yard
|
5 feet
| |
|
Minimum side yard (each)
|
5 feet
| |
|
Minimum rear yard
|
5 feet
| |
|
Maximum coverage
|
The maximum combined coverage of all buildings and all other
impervious surfaces shall not exceed 80% of the lot area.
| |
|
Maximum height
|
No building or structure shall exceed a height of 100 feet,
except communication towers, which shall not exceed 195 feet in height,
and except as otherwise provided in this chapter.
|
C.
Supplementary use, height, area and yard requirements with regard
to this use. There shall be no limitation on the number of buildings
permitted on a single lot.
D.
Off-street parking and loading. The provisions of the Subdivision
of Land and Site Plan Review Ordinance of Middle Township[1] shall apply, subject to the following buffer requirements:
A.
The property shall be adjacent to a water body.
B.
Restaurant use is a permitted accessory use and shall meet all bulk
standards below.
C.
Bulk requirements.
|
Type
|
Marina as Conditional Use in CD Zone
| |
|---|---|---|
|
Minimum lot area
|
4 acres
| |
|
Minimum lot width
|
100 feet
| |
|
Minimum lot frontage
|
100 feet
| |
|
Minimum yard, front
|
30 feet
| |
|
Minimum yard, side
|
20 feet
| |
|
Minimum yard, total side
|
40 feet
| |
|
Minimum yard, rear
|
30 feet
| |
|
Maximum coverage, building
|
40%
| |
|
Maximum coverage, impervious
|
75%
| |
|
Maximum building height
|
35 feet
| |
|
Maximum number of stories
|
2.5
| |
|
Accessory use - minimum yard, side
|
15 feet
| |
|
Accessory use - minimum yard, rear
|
20 feet
|
D.
Where the property line is also a zone boundary to a residential
zoning district or borders a residential use, there shall be a twenty-five-foot
buffer from the adjoining property line.
E.
Buffer setbacks shall apply to any displays or equipment and exterior
storage of materials used for commercial sales, unless specifically
noted on approved site plans or permitted by license.
F.
Any principal buildings may contain more than one use, provided that
the total building coverage of the combined uses does not exceed the
maximum building coverage specified for the district.
G.
One resident manager's apartment shall be permitted for on-site supervision.
H.
At least the first 10 feet adjacent to any street line and 10 feet
adjacent to any lot line shall not be used for parking or driveway
areas and shall be planted and maintained in lawn area, ground cover
or landscaping with evergreen shrubbery and separated from the parking
area by poured concrete curbing.
I.
All business shall be conducted within an enclosed building, except
that the outdoor display of certain items customarily displayed outside
of an enclosed building, including boats and boat trailers, may be
permitted. All outdoor display areas should be specifically shown
on the approved site plan. No other merchandise, products or similar
materials or objects shall be displayed or stored outside unless appropriately
screened and maintained.
J.
Any use resulting in the storage of boats outside shall have such
area entirely enclosed by a fence, wall, plant material or combination
thereof in order to provide a visual barrier between the storage areas
and any street or property line. Boat storage/display may be permitted
within the front or side yard if such yard is located on a state highway.
K.
All buildings shall be compatibly designed, whether constructed all
at one time or in stages over a period of time. All building walls
facing any street or residential district line shall be suitably finished
for aesthetic purposes, which shall not include unpainted or painted
cinder block or concrete block walls.
L.
All areas not utilized for buildings, parking, loading, access aisles
and driveways or pedestrian walkways shall be suitably landscaped
with shrubs, ground cover, seeding or similar plantings and maintained
in good condition.
M.
Pump-out station facilities shall be provided at all marinas that
service boats that use the inland waterway.
A.
In all districts, public uses such as schools and government buildings
and similar uses shall adhere to the most-restrictive bulk regulations
for the zone.
B.
The minimum lot size is one acre. For schools, the minimum lot area
shall be five acres plus one acre for each 100 pupils for whom the
school is designed.
C.
All proposed facilities must demonstrate that adequate public services
are available. The applicant must verify that the use will not generate
subsidiary or satellite development.
D.
Adequate loading and unloading areas for school buses or other transportation
shall be provided on site in order that traffic on adjacent streets
shall not be affected by queuing associated with the pickup and dropoff
of students or participants. The site design shall include information
verifying that adequate area is provided.
E.
A fifty-foot landscaped buffer must be provided from the limits of
all development associated with the school facility and any adjacent
residential districts.
F.
The design of any building must conform to the general character
of the area and must not adversely affect the safe, comfortable enjoyment
of property rights in the zone in which the facility is to be located.
G.
The location of the facility must be reasonably necessary for the
provision of services by the subject agency or authority to the neighborhood
or general area in which the particular use is to be located.
A.
For the purposes of this chapter, the term "public utility uses"
shall include such uses as telephone equipment centers, power substations
and generating facilities, sanitary sewer pumping stations, public
water supply systems and other public utility services. It shall not
include transmitting towers.
B.
The proposed installation in a specific location must be reasonably
necessary for the satisfactory provision of service by the utility
to the neighborhood or area in which the particular use is to be located.
C.
The design of any building in connection with such facilities must
conform to the general character of the area and not adversely affect
the safe, comfortable enjoyment of property rights in the zone in
which it is located.
D.
Adequate fences and other safety devices must be provided as may
be required. Fences, when used to enclose public utility 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 Electrical Safety Code in effect
at the time of construction.
E.
Sufficient landscaping, including shrubs, trees and lawns, shall
be provided and shall be periodically maintained.
F.
Adequate off-street parking shall be provided.
G.
All of the area, yard, building coverage and height requirements
of the respective zoning district in which the public utility is to
be located and other applicable requirements of this chapter must
be met.
A.
The applicant for a place of worship shall demonstrate that adequate
public facilities are available.
B.
The use must be designed to serve the needs of the general area in
which it is to be located.
C.
A minimum lot area of two acres is required.
D.
The maximum permitted building coverage, including both principal
and accessory structures, shall not exceed 30%.
E.
A fifty-foot buffer to any adjacent residential uses and zones must
be provided from the limits of all development.
F.
The maximum height of the building may not exceed 35 feet, except
that a steeple may extend to a height of 60 feet.
G.
Any accessory uses, such as a day-care center, thrift store, hall
that is rented for events, and other uses that impact parking, circulation,
arrangement of buildings and any other considerations of this chapter,
shall be subject to site plan review.
A.
All equipment pits and similar facilities shall be within a fully
enclosed building. All repair and similar activities shall be performed
within the building.
B.
No junked motor vehicle or part thereof or motor vehicle incapable
of normal operation upon a highway shall be permitted in the area
between the street right-of-way and the front setback line.
C.
No more than six motor vehicles incapable of operation may be located
upon the premises at any one time outside of a closed and roofed building.
No vehicle may remain for a period of time exceeding 30 days. No dismantled
motor vehicle or part thereof may be stored outside the building.
D.
All areas used for temporary or permanent storage of motor vehicles
shall be screened by a fence and/or evergreen plantings of a material
or density sufficient to screen the area from sight. No storage area
may be located between the street right-of-way and the front setback
line.
A.
A minimum lot area of two acres is required for self-storage warehouses.
B.
All buildings shall be compatibly designed, whether constructed all
at one time or in stages over a period of time. All building walls
facing any street or residential zoning district line shall be suitably
finished for aesthetic purposes, which shall not include unpainted
or painted cinder block walls. The applicant shall provide architectural
building elevations which indicate the color, texture and material(s)
to be utilized in the building construction. The Planning or Zoning
Board of Adjustment shall use its discretion to determine whether
the proposed structures are compatible with the surrounding neighborhood.
C.
Self-service storage facilities shall not exceed one story in height.
D.
Chain-link fences are specifically prohibited in residential zoning
districts.
E.
All areas not utilized for buildings, parking, loading, access aisles
and driveways or pedestrian walkways shall be suitably landscaped
with shrubs, ground cover, seeding or similar plantings and maintained
in good condition in accordance with the landscape standards as set
forth in the Subdivision of Land and Site Plan Review Ordinance.[1]
F.
One resident manager's apartment shall be permitted for on-site supervision.
G.
The facility shall agree to include in each lease a prohibition on
the storage of toxic, explosive, hazardous, or illegal materials.
H.
A fifty-foot buffer is required between any buildings abutting a
residential zoning district property line, with a ten-foot landscaped
buffer.
I.
There shall be no exterior storage, except as approved as part of
site plan review.
J.
No commercial operations or transactions are permitted other than
the renting of the storage units. Examples of prohibited activities
include warehousing, servicing or repair of motor vehicles or boats
or other equipment and any use that is offensive due to odors, dust,
noise, fumes or vibrations.
B.
Sufficient landscaping, including evergreen shrubbery, trees and
lawns, shall be provided in accordance with the Subdivision of Land
and Site Plan Review Ordinance.
C.
Adequate off-street parking, as per the determination of the Board's
professionals, shall be provided.
E.
The permitted maximum height of a transmitting tower shall be 180
feet.
F.
A minimum setback of 1,000 feet is required from any residential
structure, a minimum setback of 100 feet from all property lines,
and a minimum setback of 500 feet from any public roadway.
A.
All fabricating, manufacturing or assembling of materials shall be
conducted entirely within enclosed buildings.
B.
All buildings shall be compatibly designed, whether constructed all
at one time or in stages over a period of time. All building walls
facing any street or residential district line shall be suitably finished
for aesthetic purposes, which shall not include unpainted or painted
cinder block walls. The applicant shall provide architectural building
elevations which indicate the color, texture and material(s) to be
utilized in the building construction. The Planning or Zoning Board
of Adjustment shall use its discretion to determine whether the proposed
structures are compatible with the surrounding neighborhood.
C.
Each building shall have provisions for off-street loading and unloading
with adequate ingress and egress from streets and shall provide such
areas at the side or rear of the building. Each space shall be at
least 15 x 40 feet.
D.
There shall be at least one trash and garbage pickup location provided
for each building, which shall be separated from the parking spaces
by the storage of trash and/or garbage in a steel-like, totally enclosed
container located in a manner to be obscured from view from parking
areas, streets and adjacent residential uses or zones by a fence,
wall, planting or combination of the three. If located within the
building, the doorway may serve both the loading and trash/garbage
functions. If a container is used for trash/garbage functions and
is located outside the building, it may be located adjacent to or
within the general loading area(s), provided that the container in
no way interferes with or restricts loading and unloading functions.
E.
The following bulk regulations shall apply:
|
Type
|
Wholesale Distribution, Sales and Warehousing
| |
|---|---|---|
|
Lot area
|
1 acre
| |
|
Lot width
|
100 feet
| |
|
Lot frontage
|
100 feet
| |
|
Yard, front
|
50 feet
| |
|
Yard, side
|
20 feet
| |
|
Yard, total side
|
50 feet
| |
|
Yard, rear
|
75 feet
| |
|
Coverage, building
|
40%
| |
|
Coverage, impervious
|
75%
| |
|
Building height
|
35 feet
| |
|
Stories
|
2.5
| |
|
Accessory use - yard, side
|
20 feet
| |
|
Accessory use - yard, rear
|
20 feet
|
[Added 12-17-2012 by Ord. No. 1432-12]
A.
Bulk standards of any car wash shall meet the district regulations
or the regulations below, whichever are more restrictive:
|
Type
|
Requirement
| ||
|---|---|---|---|
|
Lot area
|
40,000 square feet
| ||
|
Lot width
|
150 feet
| ||
|
Lot frontage
|
150 feet
| ||
|
Yards:
| |||
|
Front
|
50 feet
| ||
|
Side (1)
|
25 feet
| ||
|
Total both sides
|
50 feet
| ||
|
Rear
|
50 feet
| ||
|
Accessory:
| |||
|
Side
|
20 feet
| ||
|
Rear
|
20 feet
| ||
|
Maximum building height
|
35 feet
| ||
|
Maximum impervious
|
75% coverage
| ||
B.
Exterior vacuum stations shall be in the rear of the car wash building.
A minimum space of 25 feet shall exist between any two vacuum stations
and between any vacuum station and the principal building.
C.
There shall be an area that allows stacking of a minimum of ten 10
cars.
D.
A detail shop may be permitted as part of the car wash.
E.
Retail sales of ancillary products are permitted.
F.
Car washes are not permitted in the Cape May Court House Overlay
Zone.
G.
There shall be no other uses permitted on the site.
