[Amended 1-31-1977 by Ord. No. 1-1977]
(1) Before a construction permit or certificate of occupancy shall be issued for a conditional use as permitted by this chapter under PI 1975, c 291,9 application shall be made to the Planning Board The applicant shall follow the procedures and guidelines prescribed in § 190-45, Site plan review.
(2) The Planning Board shall approve or deny conditional uses simultaneously with site plan or subdivision review The Board shall follow the procedures outlined for site plan review, § 190-45
(3) The ninety-five-day time period for action by the Planning Board on conditional uses shall apply to such site plan review Public notice of the hearing shall be required as stipulated in § 190-59E of this chapter
(4) 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, pedestrian-ways, landscaping, lighting, signs, drainage, sewage treatment, potable water supply, utilities and building and structure location(s) and orientation(s) Conditional uses must meet the requirements listed below in addition to those outlined elsewhere
B.Auto service stations
(1) There shall be a minimum of one thousand five hundred (1,500) feet between service stations, which distance shall be measured from the nearest property lines.
(2) No service station shall have an entrance or exit for vehicles within two hundred (200) feet along the same side of a street as any firehouse, school, playground, church, hospital, public building or institution, except where such property is in another block or abuts another street which the lot in question does not abut
(3) All appliances, pits, storage areas and trash facilities, other than gasoline filling pumps or air pumps, shall be within a building. Gasoline filling pumps shall be permitted within the required front yard space of service stations, but shall be no closer than fifty (50) feet to any future street line All lubrication, repair or similar activities shall be performed in a fully enclosed building and no dismantled parts shall be displayed outside of an enclosed building
(4) No junked motor vehicle or part thereof or motor vehicles incapable of normal operation upon the highways shall be permitted on the premises of any service station It shall be deemed prima facie evidence of violation of this chapter if more than three (3) motor vehicles incapable of operation are located at any one time upon any premises not within a closed and roofed building, excepting, however, that a number not exceeding six (6) motor vehicles may be located upon any service station premises outside of a closed or roofed building for a period of time not to exceed two (2) days and provided that the owners of said motor vehicles are awaiting their repair
(5) Landscaping shall be provided in the front yard area equal to at least twenty-five percent (25%) of the front yard area, and such landscaping shall be reasonably distributed throughout the entire front yard area
(6) The exterior display and parking of motor vehicles, trailers, boats or other similar equipment for sale or rental purposes shall not be permitted as part of a service station
C. Motels and hotels.
(1) Any hotel or motel that may be constructed on a lot or parcel of land must contain a minimum of at least twenty (20) units of accommodation, exclusive of a permanent, on-site superintendent's living quarters The minimum number of units of accommodation in any single building shall be ten (10)
(2) Each unit of accommodation shall contain a minimum floor area of two hundred fifty (250) square feet Ceilings shall be a minimum of eight (8) feet in height
(3) Each unit of accommodation shall include a minimum of two (2) rooms, a bedroom and a separate bathroom which affords privacy to a person within said room and which is equipped with a toilet, a washbasin and a bathtub or shower, all properly connected to a water and sewer system.
(4) There shall be a residency limitation on all guests of thirty (30) days maximum The foregoing residence limitation shall not apply to an employee living on the premises
D. [Added 3-19-1992 by Ord. No. 1-1992] Planned retirement communities as regulated by § 190-55 shall be permitted only in accordance with the following conditions
(1) Minimum tract size one hundred (100) acres
(2) Minimum tract frontage three hundred (300) feet on a collector or arterial roadway
(3) Minimum access requirements PRC's shall derive primary access solely from a new collector roadway constructed to serve the development Such collector road shall provide linkage between a county road and a state highway and shall not involve direct access to the PRC tract from any existing township, streets
(4) Location of development No construction of any building shall be permitted in the area of inundation that would result from the failure or breach of any dam in Pemberton Township unless the developer shall first upgrade any such dam to conform to the standards promulgated in NJAC 7 10-11 et seq.
E. Light industrial, light assembly and warehouse or similar storage facilities as regulated by Section 190-24.2 shall be permitted only in accordance with the following provisions.
(1) More than one conditional use may be permitted per lot provided that no more than one light industrial, light assembly or warehouse use shall be . permitted per acre of lot area.
(2) All storage of raw materials or finished products shall be conducted within completely enclosed buildings.
(3) Maximum lot coverage shall not exceed 50%.
(4) In cases where a permitted conditional use is situated on a lot which abuts a residential property or zone, there shall be a landscaped buffer strip along the perimeter of the property housing the conditional use where it is adjacent to such residential property or zone. Said buffer strip shall be at least 25' in width or depth as measured from the residential property line. Fifteen feet of such buffer nearest the residential property line shall be used as a planting strip on which shall be placed fence or plant material, trees, shrubs or combination thereof. Where fencing is used, it shall be 6' in height. Plant material used as a landscape screen shall be at least 6 high at the time of planting and shall be of sufficient density to provide year-round screening of activities at the conditional use
(5) No less than one parking space shall be provided for every 500' square feet of gross floor area, plus one space for each company vehicle normally stored on the premises.
(6) No retail sale of any merchandise shall be permitted on the premises.
(7) No wholesale operations shall include truck terminals or other heavy trucking installation.
**Webmasters Note: The previous subsection, E., has been amended as per Ordinance No. 28- 2000.
F. Taxicab operations as regulated by Section 190-23B.(10) final Section 190-24B.(17) shall be permitted only in accordance with the following provisions:
(1) No maintenance and repair of any taxicab or other vehicle shall be permitted on the premises.
(2) All parking areas and access drives shall be paved in accordance with Section 190-38D
(3) All parking areas and access drives shall be adequately buffered and screened from all common property lines in accordance with the general requirements for the zone in which the taxicab operation is located, and in accordance with Section 190-39. This shall include at least a continuous hedge of evergreen plantings at least four (4) feet in height between parking areas and street and lot lines, so that parked vehicles will be screened from view from any adjoining property or street.
(4) There shall bee no exterior sound application systems or devices of any kind used in conjunction with the taxicab operation.
(5) All site lighting shall conform to the requirements of Section 190-39.
(6) The taxicab operation shall provide adequate indoor seating for employees so that no employees shall loiter or await calls for service outdoors at any time.
**Webmasters Note: The previous subsection, F., has been added as per Ordinance No. 26- 2000.
[Added 12-15-1994 by Ord. No. 8-1994]
Upon application to the governing body, special use permits may be granted to permit such outdoor activities as yard sales or flea markets or other temporary sales event not otherwise permitted under this chapter when operated by nonprofit organizations for fundraising activities The governing body shall review the location of such proposed outdoor sales and shall limit the duration of such sales to no more than ten (10) days per calendar year for each nonprofit organization
[Added 12-15-1994 by Ord. No. 8-1994]
An exempt home occupation, as defined in § 190-5 of this chapter, is hereby permitted and authorized in any single-family dwelling
