Churches and places of worship may be permitted
as conditional uses in certain zone districts as provided for in this
chapter, provided that:
A.
The minimum lot area shall be 60,000 square feet and
the minimum width shall be 300 feet.
B.
All minimum requirements of lot depth, front, rear
and side yard setbacks, building height and lot coverage shall conform
to those established in the same zone.
C.
Driveways must be at least 10 feet from any side lot
lines and 100 feet from the intersection of street lines. Not more
than two driveways shall be permitted for each 300 feet of street
frontage.
D.
Adequate buffer areas and planting and/or fencing
shall be provided to protect surrounding properties from the effect
of light or noise generated in connection with the use of the property.
Hospitals and nursing homes may be permitted
as conditional uses in certain zone districts as provided in this
chapter, provided that:
A.
The minimum lot area shall be 10 acres.
B.
The minimum lot frontage shall be 500 feet.
C.
The minimum lot depth shall be 400 feet.
D.
All minimum requirements of front, rear and side yards,
coverage, open space, setbacks and building height shall conform to
those established in the same zone, except that greater requirements
may be imposed by the Planning Board.
E.
Hospitals and nursing homes devoted mainly to the
treatment of the mentally ill shall not be allowed.
F.
Nursing homes shall provide for recreation purposes
an area of not less than 2,000 square feet, plus 50 feet per patient
bed.
Motels and hotels may be permitted as conditional
uses in certain zone districts as provided for in this chapter, provided
that:
A.
The site has a minimum of 300 feet of frontage.
B.
All minimum requirements of lot depth, lot width,
front, rear and side yards and building height conform to those established
for the zone, but not less than 30 feet.
C.
Not more than 25% of the land shall be covered by
buildings.
D.
Every building shall have a minimum setback of 10
feet from all interior development roads, driveways and parking areas.
E.
Interior roads and vehicular passageways in parking
areas shall have a minimum width of 20 feet.
F.
The minimum open space shall be 25% of the lot area.
G.
All paved areas other than driveways shall be located
no closer than 40 feet to the street line.
H.
A ten-foot wide buffer strip, suitably landscaped,
shall be provided between curb cuts and along all other property lines.
I.
General kitchen, dining and other such service facilities
may be permitted in the B-2 Zone, provided that they are incidental
to that of the main use.
J.
Any refuse disposal facilities shall be enclosed and
removed from sight. Dumpster service is required at the owner's expense.
K.
Only one central heating system shall be permitted
for any building.
L.
Where buildings are at right angles to one another
and are not interconnecting, there shall be a minimum distance of
10 feet between them.
M.
Where the buildings are parallel to one another, there
shall be a minimum distance between them equal to the height of the
taller building, but in no event less than 25 feet.
N.
All motels and hotels so established shall be for
transient use only. For purposes of this section, "transient" shall
mean a maximum stay in a hotel or motel established hereunder of 30
consecutive days. A Borough reviewing board may, as part of site plan
approval, allow the rental of all or a portion of a hotel or motel
for periods of a longer duration. All motels and hotels shall be operated
and policed in accordance with state law and all applicable municipal
ordinances and regulation.
[Amended 12-7-1995 by Ord. No. 27-95]
O.
Adequate fire-fighting access around the perimeter
of the motel/hotel shall be provided and maintained free of encumbrances
at all times.
P.
Swimming pools shall be subject to the provisions
of this chapter.
Q.
The minimum lot area shall be one acre.
R.
Each motel shall have a minimum of 50 renting units,
each consisting of sleeping accommodations and shower and toilet facilities
per unit; an office and reception room of a minimum of 200 square
feet; and other building areas sufficient to house other necessary
facilities.
Animal hospitals and kennels shall meet the
following requirements:
A.
Kennels shall be on a minimum lot of two acres. Animal
hospitals require 25,000 square feet.
B.
Structures housing animals and exercise areas for
animals shall be at least 100 feet from any lot line.
C.
Minimum front and side yards shall be at least 50
feet each, except if abutting a residence or a residential zone, in
which case the Planning Board may require additional setbacks to provide
adequate buffers and to protect adjacent uses from nuisance characteristics.
D.
The maximum height of such uses shall be two stories
or 25 feet.
E.
Animals shall be contained in buildings, pens or other
enclosures at all times. Animal hospitals shall keep animals within
the confines of a building at all times, and a kennel shall keep them
within the confines of a building between the hours of 9:00 p.m. and
8:00 a.m.
F.
Outdoor runs or pens shall be screened from view of
adjoining properties.
G.
Buildings, structures and uses shall be designed and
arranged so as not to detract from the value of adjoining property.
H.
Not more than 10 dogs or cats or a combination thereof
for each acre of lot area shall be kept at any time by a kennel.[1]
[1]
Editor's Note: Original §§ 77-60,
Senior citizen subsidized housing, and 77-61, Senior citizen retirement
projects, which immediately followed this subsection, were repealed
10-4-2000 by Ord. No. 20-2000.
Philanthropic or eleemosynary uses may be permitted
as a conditional use in certain zones as provided for in this chapter,
provided that:
A.
A statement setting forth full particulars on the
operation of the structure or use is filed with the Planning Board
by the applicant.
B.
The Planning Board shall find that any parcel upon
which such use is proposed contains at least one acre of land, that
no structure will be erected nearer than 75 feet to any street line
or nearer than 30 feet to any property line, that buildings will not
occupy more than 25% of the lot area, that all other requirements
as set forth in this chapter for the zone in which it is to be located
are observed, that such use will in no way be detrimental to the surrounding
property values and that the structure or use proposed will serve
a useful purpose to the general welfare of the Borough.
C.
In addition to the required front, rear and side yards, the Planning Board may require buffers similar to those provided in § 242-25, Buffers.
D.
Fencing may be required, depending upon use.
E.
Signs may be illuminated, but nonflashing, and limited
in number to one and in area to not more than 30 square feet. The
number of signs may be increased to two, depending on the location,
by the Planning Board.
F.
Philanthropic and eleemosynary uses shall provide
off-street parking spaces in a number and location as determined by
the Planning Board based upon the anticipated maximum occupancy of
the building or use, including employees.
Public utility uses such as high voltage transmission
towers, substations and telephone exchanges, but no service or storage
yards, may be permitted, provided that they meet the following requirements:
A.
That proof is furnished to the Planning Board that
the proposed installation in a specific location is necessary and
convenient for the efficiency of the public utility system or the
satisfactory and convenient provision of service by the utility to
the neighborhood or area in which the particular use is to be located.
B.
That the design of any building in connection with
such facility conforms to the general character of the residential
area and will in no way adversely affect the safe and comfortable
enjoyment of property rights of the zone in which it is located, that
adequate and attractive fences and other safety devices will be provided
and that sufficient landscaping, including shrubs, trees and lawn,
will be provided and will be periodically maintained.
A public garage, public utility garage or gasoline
station may be permitted in the B-1 and B-2 Zones, and a public utility
garage may only be permitted in an M-1 Zone, provided that:
A.
A set of plans, specifications and plot plans in triplicate
is filed with the Planning Board, showing in detail the exact location
of such garage or gasoline station, the number of tanks to be installed,
the dimensions and capacity of each tank, the depth at which the tanks
will be placed below ground, the number of pumps to be installed,
the type of structure and accessory buildings to be constructed and
the number of automobiles to be garaged.
B.
Said use shall be located on a lot whose lot lines
are located not less than 1,000 feet from any school, public or private,
offering courses of general educational instruction; hospital; church
or other place of worship; theater; library; public art museum or
other public building; public playground or civic center; firehouse
or fire station nor within 2,500 feet of the nearest boundary line
of any existing public garage or service station, and further provided
that all filling pumps shall be located at least 25 feet from the
street line and side and rear property lines.
Community centers, country clubs and outdoor
recreation facilities, except for swimming pools, may be permitted
as conditional uses in certain zones as provided in this chapter,
provided that they meet the following requirements:
A.
In zones where permitted, no building or unenclosed
recreational facility shall be located within 95 feet of any property
line or closer than permitted for principal structures in the zone
where located, whichever is greater.
B.
In zones where permitted, there may be included retail
sales for members and their guests only.
C.
Unenclosed recreational facilities shall be effectively
screened from adjoining residential uses.
D.
No public address system shall be permitted except
where such system will not be audible at any property line.
E.
Other factors, such as lighting, drainage, parking, surfacing and signs, shall be subject to site plan review under Chapter 191, Site Plan Review.
F.
Outdoor recreation facilities shall include golf courses,
ice-skating rinks, swimming pools, tennis courts and other similar
facilities.
[Added 9-1-1999 by Ord. No. 19-99]
Wireless telecommunications towers and antennas
may be permitted as conditional uses in certain zones provided that
they meet the following requirements:
A.
Stand-alone wireless telecommunications towers.
(1)
Where a stand-alone wireless telecommunications tower
is permitted on a conditional use, the following standard shall apply:
(2)
The wireless telecommunications equipment and all
accessory facilities shall be enclosed within a solid wooden fence
at least six feet but not more than eight feet high, as approved by
the Borough Engineer, and which shall include a locking security gate.
(3)
The height of the tower shall not exceed by 10% the
mean average height of the mature trees with a one-hundred-fifty-foot
radius of the site. In determining compliance within this section,
the reviewing board may require balloon tests or similar test methods
so as to ensure the minimum visual impact.
(4)
Where new wireless telecommunications towers or other
antenna support structures are proposed, stealth designs shall be
employed to camouflage their appearance, such as bell towers, silos,
artificial trees and similar treatments.
B.
Conditional use standards for the location of wireless
telecommunications antennas or towers.
(1)
An applicant desiring to construct wireless telecommunications
antennas in a zone where it is a conditional use or a tower in any
zone where it is a conditional use shall:
(a)
Present documentary evidence regarding the need
for wireless telecommunications antennas within the Borough of Hopatcong.
This information shall identify the wireless network layout and coverage
areas to demonstrate the need for new equipment at a specific location
within the Borough.
(b)
Provide documentary evidence that a legitimate
attempt has been made to locate the antennas on existing buildings
or structures. Such evidence shall include a radio frequency engineering
analysis of the potential suitability of existing buildings or structures
in the search area for such antennas. Efforts to secure such locations
shall be documented through correspondence between the wireless telecommunications
provider and the property owner of the existing buildings or structures.
(c)
Document the locations of all existing telecommunication
towers within the Borough of Hopatcong and surrounding areas with
coverage in the Borough and shall provide competent testimony by a
radio frequency engineer regarding the suitability of potential locations
in light of the design of the wireless telecommunications network.
Where a suitable location on an existing tower is found to exist,
but an applicant is unable to secure an agreement to collocate its
equipment on such tower, the applicant shall provide credible written
evidence of correspondence with the owner of such tower verifying
that suitable space is not available on the existing tower(s).
(2)
When an applicant desiring to construct a wireless telecommunications tower demonstrates to the satisfaction of the reviewing agency that suitable locations on existing buildings or structures either do not exist or are not available, the applicant may erect a new wireless telecommunications tower according to the bulk standards of Subsection A herein.
C.
Site plan application requirements for the installation
of wireless telecommunications towers. The application shall include:
(1)
All site plan details required by Chapter 191 shall be provided and shall include the site boundaries; tower location; existing and proposed structures, including accessory structures; existing and proposed ground-mounted equipment; vehicular parking and access; and uses, structures and land use designations on the site and abutting parcels.
(2)
A landscape plan drawn to scale generally showing
proposed landscaping, including species type, size, spacing, other
landscape features and existing vegetation to be retained, removed
or replaced.
(3)
An environment impact study.
(4)
A report from a qualified expert containing the following:
(a)
A description of the tower and the technical
and other reasons for the tower design and height.
(b)
Documentation to establish that the tower has
sufficient structural integrity for the proposed uses at the proposed
location and meets the minimum safety requirements and margins according
to Federal Communications Commission (FCC) requirements and margins
according to FCC requirements in their current adopted revision.
(c)
The general capacity of the tower in terms of
the number and type of antenna it is designated to accommodate.
(5)
A letter of commitment by the applicant to lease excess
space on the tower to other potential users at prevailing market rate
and conditions. The letter of commitment shall be recorded prior to
issuance of a building permit. The letter shall commit the tower owner
and any and all successors in interest.
(6)
Elevations of the proposed tower and accessory building
generally depicting all proposed antennas, platforms, finish materials
and all other accessory equipment.
(7)
A copy of the lease or deed for the property.
[1]
Editor's Note: Former § 242-60.1,
Soil removal, added 10-20-2004 by Ord. No. 31-2004, was repealed 12-6-2006
by Ord. No. 37-2006.
