22-6 CONDITIONAL USES.
22-6.1 Purpose.

Certain uses are necessary to serve the needs of the Borough's citizens but such uses may become inimical to the public health, safety, and welfare unless established according to specifications and standards con-trolling their limit and extent. Accordingly, this Chapter designates such uses as conditional uses to be permitted only if the conditions specified by this section are complied with as determined by the review of the Planning Board. (Ord. #1045, §6.1)

22-6.2 General Provisions.

The following shall apply to the review and approval of a conditional use.

a. The use for which an application is being made shall be specifically listed as a conditional use within the zone where the property is located.

b. Site plan approval shall be required unless otherwise specified in this Chapter.

c. The conditional use shall comply with the design standards, improvement standards, and document submittal requirements of this Chapter unless a requirement is waived by the approving authority.

d. The conditional use shall adhere to the additional standards specified under this section for the particular use.

e. The approving authority may impose additional requirements to protect the public health, safety, and welfare which it deems necessary by reason of the location or other factors related to a particular application. Such requirements shall be provided for and maintained as a condition of the establishment of the use. (Ord. #1045, §6.2)

22-6.3 Place of Worship.

Places of worship may be permitted as a conditional use in those zones specified provided that the use and/or structures shall adhere to the following:

a. The use shall adhere to the minimum standards of the particular zone district or to the following standards, whichever is more restrictive:

1. Minimum lot size, within the R-5 and R-7 Zone shall be two (2) acres. In all other zones, the mini-mum lot size shall be one (1) acre.

2. Minimum lot frontage, one hundred fifty (150') feet.

3. Minimum front yard, five hundred (500') feet.

4. Minimum side yard, twenty (20') feet.

5. Minimum rear yard, forty (40') feet.

b. No accessory building shall be located closer than thirty (30') feet to any side or rear residential property line.

c. The height of structures to be constructed may exceed the maximum height requirements of this Chapter, provided, however, that the front, rear and side yard requirements set forth above shall be increased by two (2') feet for each foot by which the height of the structure exceeds the maximum height which would be otherwise permitted by this Chapter, and further provided that in no case shall any proposed structure exceed fifty (50') feet in height. (Ord. #1045, §6.3; Ord. #1063, §VII)

22-6.4 Public Utilities.

Public utility uses, such as water towers, pumping stations, electric substations, radio towers, transmission lines, switching stations, which must be pro-vided above ground, may be permitted as a conditional use in those zones specified provided that the use and/or structures shall adhere to the minimum standards of the particular zone and the following:

a. A statement is submitted setting forth the reasons that the proposed installation must be provided above ground in a specific location and why it is necessary and convenient for the efficiency of the public utility system or for 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. The design of any building in connection with such facility conforms to the general character of the area and will not adversely affect the safe and comfortable enjoyment of property rights of the zone in which it is located.

c. Adequate and attractive fences and other safety devices will be provided.

d. Sufficient landscaping including shrubs, trees and lawn are provided and will be periodically maintained.

e. The public utility use and lot meet all the applicable minimum requirements of the district in which it is located, except that it need not have the minimum required lot area. Only one principal building will be permitted on the lot and a paved parking area is required. (Ord. #1045, §6.4)

22-6.5 Motor Vehicle Service Stations.

Motor vehicle service stations may be permitted as a conditional use in those zones specified provided that the use and/or structures shall adhere to the minimum standards of the particular zone and the following:

a. The site plan shall show the number and location of fuel tanks to be installed, the dimensions and capacity of each storage tank, the depth the tanks will be placed below the ground, the number and location of pumps, wash racks, lubrication bays, air hoses and any other similar equipment to be installed, the type of structure and accessory buildings to be constructed, and the number of automobiles which are to be garaged.

b. Motor vehicle service stations shall have a lot area of not less than twenty thousand (20,000) square feet with a minimum frontage of one hundred fifty (150') feet on one street. If the lot requirements for the zone are greater, they shall take precedent. No building shall be constructed closer than fifty (50') feet to any street line or closer than twenty-five (25') feet to any lot line. Where a filling station or public garage abuts a residential zone along a side property line, the side yard setback for the filling station or public garage shall be increased from twenty-five (25') feet to fifty (50') feet and a twenty-five (25') foot width planting screen approved by the Planning Board shall be provided along the entire side property line.

c. No motor vehicle service station shall be located within five hundred (500') feet of any public entrance to a church, school, library, fire station, park, playground, charitable institution, or place of public assemblage. The distance shall be measured in a straight line along the centerline of streets forming the shortest route from a point opposite the nearest boundary from said public entrance to a point opposite the nearest boundary of the service station lot.

d. Driveways shall cross the sidewalks at right angles at any point thereof. Driveways shall be at least twenty-five (25') feet from any side lot line and at least forty (40') feet from the intersection of street lines.

e. The nearest boundary line of the lot or parcel of land so to be used shall be at least one hundred (100') feet measured in a straight line from the intersection of any two (2) streets designated as collector roads in the Keansburg Master Plan.

f. All fuel pumps, air hoses and any other equipment used in servicing cars shall be located at least thirty-five (35') feet from all street lines and twenty-five (25') feet from other property lines.

g. No vehicle shall be permitted to be standing or parked on the premises of a motor vehicle service station other than those used by the employees in the indirect or direct operation of the establishment, except for the following: no more than five (5) during working hours and no more than three (3) overnight. Overnight outdoor storage of more than three (3) vehicles shall be prohibited.

h. All fuel tanks shall be installed underground.

1. No outdoor oil drainage pits or hydraulic lifts shall be permitted.

j. Any repair, lubrication or other similar services to motor vehicles shall be performed in a fully enclosed building. No parts or partially dismantled motor vehicle may be stored out-of-doors.

k. Coin operated service stations are not permitted.

l. No auto body work shall be permitted.

m. Illumination shall be such that no direct glare from the lights shall fall upon adjoining streets or properties.

n. Sale of new or used cars is prohibited.

0. Accessory goods for sale may be displayed on the pump islands and the building island only. The outside storage of oil cans and/or anti-freeze and similar products may be displayed on the respective islands, if provided for in a suitable metal stand or rack.



p. The Planning Board shall determine that the planning of the lot is properly suited to the area and in connection therewith may require adequate buffers of foliage or screen fencing, if necessary, to protect surrounding properties from any lights or noises that may be generated from the property.

q. Signs shall conform to the requirements of the zone district. (Ord. #1045, §6.5)

22-6.6 Elementary and Secondary Schools and Educational Uses.

Public, parochial or private elementary or secondary schools, duly licensed by the State of New Jersey, attendance at which is sufficient compliance with the compulsory education requirements of the State may be permitted as a conditional use in those zones specified provided that the use and/or structures shall adhere to the minimum standards of the particular zone and the following:

a. Convents, social halls and similar uses which are accessory to the educational use shall be permitted.

b. Nursery schools with an attendance of more than twenty-five (25) children shall be considered educational uses and shall be subject to the provisions of this section.

c. Nursery schools serving more than twenty-five (25) children shall contain a minimum lot area of three (3) acres plus one (1) acre for each twenty-five (25) children or fraction thereof.

d. Elementary schools shall have a minimum lot area of five (5) acres plus one (1) acre for each twenty-five (25) students or fraction thereof.

e. Secondary schools shall have a minimum lot area of ten (10) acres plus one (1) acre for each twenty-five (25) students or fraction thereof.

f. Educational uses shall be screened from adjacent residential zones or existing residences adjacent to the site and/or shall provide fencing along such property lines as may be deemed adequate by the Planning Board.

g. Minimum building setback shall be fifty (50') feet.

h. Wall and ground signs shall be permitted subject to the requirements of Section 22-5. (Ord. #1045, §6.6)

22-6.7 Nursery Schools.

Nursery schools serving more than five (5) but not more than twenty-five (25) children may be permitted as a conditional use in those zones specified provided that the use and/or structures shall adhere to the minimum standards of the particular zones and the following:

a. A statement setting forth full particulars on the building and/or use is submitted.

b. The lot upon which such use is proposed shall conform to the following standards and requirements:

1. Minimum lot area: One (1) acre.

2. Minimum front setback: Fifty (50') feet.

3. Minimum side and rear setbacks: Twenty-five (25') feet.

c. Accessory buildings shall not be located closer than twenty (20') feet to any residential property line.

d. The use shall be screened from adjacent residential zones and existing residential structure.

e. Wall and ground signs shall be permitted subject to the requirements of Section 22-5. (Ord. #1045, §6.7)

22-6.8 Reserved.

22-6.9 Residential Redevelopment.

Residential redevelopment utilizing the dwelling types specified in this section may be permitted as a conditional use in the R-5A Zone provided that the use, buildings, and structures shall adhere to the following:

a. Permitted Dwelling Types. The following dwelling types shall be permissible within a residential redevelopment:

1. Detached single family dwellings.

2. Semi-detached single family dwellings.

3. Quadraplex dwellings.

4. Attached single family dwellings.

5. Townhouses.

6. Eight-plex dwellings.

b. Bulk Requirements. All residential redevelopment shall conform to the following requirements:

1. Minimum area to be redeveloped: Ten thousand (10,000) square feet.

2. Minimum frontage for the area to be redeveloped: One hundred (100') feet.

3. Maximum density: One dwelling unit for each two thousand (2,000) square feet of developable area and not to exceed one bedroom for each eight hundred fifty (850) square feet of developable area.



4. Maximum F.A.R.: 0.7.

5. Maximum lot coverage: Sixty (60%) percent.

6. Minimum required open space: Forty (40%) percent.

7. Maximum height two and one-half (2 1/2) stories not to exceed thirty-five (35') feet.

8. Minimum front yard setback: Twenty-five (25') feet.

9. Minimum rear yard setback:

Principal building - Twenty-five (25') feet.

Accessory building - Five (5') feet.

10. Minimum lot area:

(a) Detached single family dwelling - Four thousand (4,000) square feet.

(b) Semi-detached two family dwellings, quadraplex dwelling, eight-plex dwelling, attached single family, and townhouse - Two thousand (2,000) square feet per dwelling unit.

11. Minimum lot frontage:

(a) Detached single family dwelling - Forty (40') feet.

(b) Semi-detached two family - Thirty (30') feet per dwelling.

(c) Quadraplex or eight-plex dwelling - Sixty (60') feet.

(d) Attached single family - One hundred twenty (120') feet.

(e) Townhouses - One hundred (100') feet.

12. Minimum side yard setback:

(a) Principal building.

(1) Detached single family - six (6') feet provided that the combined side yard shall not be less than twelve (12') feet.

(2) Semi-detached single family dwellings - eight (8') feet except along the common wall; there no setback is required.

(3) Quadraplex dwelling - Ten (10') feet.



(4) Attached single family - Zero for interior units, ten (10') feet for exterior units.

(5) Townhouses - Fifteen (15') feet.

(6) Eight-plex dwelling - Fifteen (15') feet.

(b) Accessory buildings and structures - Five (5') feet.

13. Minimum rear yard setback:

Principal building (all types) - Twenty-five (25') feet.

Accessory building or structure - Five (5') feet.

14. Other requirements:

Architectural and building design shall conform to the design guidelines of subsection 22-8.4., Building Design Standards.

Minimum floor area shall conform to the requirements of subsection 22-8.4b,8.

Off-street parking shall adhere to the requirement of subsection 22-9.3a,2.

Common open space or common areas shall adhere to the requirements of subsection 22-8.7. (Ord. #1045, §6.9; Ord. #1063, §VIII)