A. The following conditional uses to the use limitations imposed by this chapter are permitted under the terms and specifications herein set forth. Whereas the necessity for certain specific uses is recognized and at the same time appreciating the fact that they or any one of them may be or become inimical to the public health, safety and general welfare of the community if located without due consideration to the existing conditions and surroundings, the following standards and procedures are hereby established.
B. These standards are intended to provide the approving agency with a guide for the purpose of reviewing applications for conditional uses as provided for by this chapter. In reviewing an application, the approving agency may act on site plans submitted to it or may suggest modifications and changes. In approving an application, the approving agency may require, in addition to features specified, such other features or design in keeping with the intent thereof that will further the purpose of these standards and regulations. Such features shall be provided and maintained as a condition of the establishment and maintenance of any use to which they are a condition of approval. The approving agency shall decide each application in accordance with the procedure provided for the issuance of conditional use permits in each section of this article. Each applicant is to submit plans in accordance with the site plan or subdivision regulations, as the case may be. In reviewing applications, the approving agency shall be guided by the following considerations:
(1) The use for which application is being made is specifically authorized as a conditional use for the zoning district in which it is located.
(2) The design, arrangement and nature of the particular use is such that the public health, safety and welfare will be protected and reasonable consideration is afforded to the:
(a) Character of the neighborhood and zone.
(b) Conservation of property values.
(c) Health and safety of residents or workers on adjacent properties and in the surrounding neighborhood.
(d) Potential congestion of vehicular traffic or creation of undue hazard.
(e) Principles and objectives of this chapter and the Master Plan of the Township of Marlboro.
(3) The use serves the general convenience of the neighborhood.
C. Each applicant is to submit plans in accordance with the site plan or subdivision regulations, as the case may be.
[Amended 5-25-1995 by Ord. No. 22-95]
Private and parochial schools, including private or public institutions of higher learning or private trade or vocational schools, may be permitted, provided that:
A. The curriculum of the proposed school shall be approved by the New Jersey Department of Education.
B. The minimum lot area for an elementary school shall be 10 acres, plus one additional acre for each 100 pupils. The minimum lot area for an intermediate school or trade or vocational school shall be 20 acres, plus one additional acre for each 100 pupils. The minimum area for a high school shall be 30 acres, plus one additional acre for each 100 pupils. The minimum area for an institution of higher learning shall be 50 acres, plus one additional acre for each 100 students. No more than 10% of the site shall be covered by buildings.
C. A front and rear yard, each with a depth of not less than 150 feet, and two side yards, each with a width of not less than 100 feet, shall be provided. No parking or play area shall be allowed within 75 feet of any street or property line.
D. Off-street parking shall be provided in the following ratio: Elementary and intermediate schools shall provide one parking space for each staff member or employee, plus two parking spaces for each classroom, plus adequate space for buses and delivery vehicles. High schools shall provide one parking space for each staff member or employee, plus five spaces for each classroom, plus adequate space for buses and delivery vehicles. Trade or vocational schools shall provide one parking space per 100 square feet of gross floor area. Institutions of higher learning shall provide one parking space per 150 square feet of gross floor area.
E. A driveway shall not open onto a public street within 150 feet of an intersection of such street with another public street. In determining the suitability of proposed or existing driveways upon the site, the approving agency shall consider such factors as grade and site clearance; the number and pattern of driveways; the number, location of design of ingress and egress points; the volume of traffic which may be anticipated on the site and on adjoining roads; and the condition and width of pavement of adjoining roads.
F. Illumination for night athletic activities shall be shielded from view of adjoining streets and residential areas.
G. The application shall include a complete set of architectural plans and specifications of existing and proposed buildings and structures and a statement setting forth in general terms the proposed courses of instruction. This statement shall indicate the grade levels of the pupils to be housed in the building or buildings, the planned pupil capacity of such building or buildings and the contemplated eventual enrollment of the school.
[Amended 8-11-2005 by Ord. No. 2005-12]
A. Churches and other places of worship or assembly for religious purposes may be permitted in specified zones only upon receipt of a conditional use permit. A conditional use permit shall be granted, provided that the following standards and specifications are met which apply in residential zoning districts except for Subsections A(2), (5), (6), (7) and (10) below, which apply to all zoning districts:
(1) The minimum lot area shall be 3.5 acres and a minimum frontage shall be 150 feet with a fifty-foot front yard setback, fifty-foot side yard and fifty-foot rear yard; the minimum width shall be 150 feet within residential zoning districts.
(2) All minimum required lot depth and building height shall conform to those established in the underlying zoning for the property.
(3) Maximum lot coverage shall be 28% in all residential zoning districts.
(4) No accessory building and/or structure, including parking lots, shall be located within the front, rear and side yards.
(5) The site shall have direct access to one of the following streets: State Route 18, State Route 9, State Route 34, State Route 79, County Route 520, Lloyd Road, Tennent Road (County Route 3), Dutch Lane Road (County Route 46), Texas Road, Wyncrest Road, Gordon's Corner Road (through street), Ryan Road, School Road West, Ticetown Road, Greenwood Road, Wooleytown Road, Spring Valley Road, Union Hill Road, Robertsville Road, Amboy Road, Crine Road, Harbor Road, Station Road, Nolan Road, Reids Hill Road, Pleasant Valley Road, Conover Road, Boundary Road, Vanderberg Road, Robertsville Road, Church Road, Schank Road, School Road East, Buckley Road and Topanemus Road.
(6) Driveways shall cross the sidewalk at right angles. Driveways shall be at least 10 feet from any side lot lines. Not more than two driveways shall be permitted for each 150 feet of street frontage.
(7) Parking in accordance with § 220-97 for churches, synagogues or other places of worship: one parking space for each three seats, or one parking space for each 72 inches of seating space when benches rather than seats are used. If there is another use on site other than that required for religious purposes, the parking requirement for the additional use will be added to the total required number of parking spaces. Where no pews or seats are provided in a house of worship, the parking requirement shall be one parking space for every 24 square feet of floor area.
(8) For all sites within a residential zoning district there shall be provided a thirty-five-foot landscaped buffer to any existing residential use or zone in accordance with the design standards of the Township of Marlboro.
(9) Fences are subject to the provisions of § 220-95 of this chapter.
(10) Signs are regulated as per § 220-99 of this chapter.
(11) All zoning requirements in the underlying zone of the property not specifically amended by this section shall be applicable to this conditional use.
(12) It is the intent of this section, when incorporating the requirements/standards of the underlying zone, to establish that any deviation from that requirement/standard would require a variance under N.J.S.A. 40:55D-70(d).
B. The requirements set forth herein shall not apply to any church or other place of worship that, as of the effective date of this section, is in compliance with all applicable state and Township laws and requirements. Any subsequent expansion or other development of any church or other place of worship covered by this Subsection B shall conform to those requirements in place immediately prior to the effective date of this section. Notwithstanding the foregoing, any expansion or other development of any church or other place of worship covered by this Subsection B on any lot other than that lot or lots upon which said structure exists as of the effective date of this section shall conform to the requirements set forth in this amended § 220-105.
Public utility uses, which must be provided above ground, may be permitted in any zone district, provided that:
A. The proposed installation must be provided above ground in a specific location and 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. 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, buffer areas and other safety devices will be provided.
D. Sufficient landscaping, including shrubs, trees and lawn, is provided and will be periodically maintained.
E. All of the area, yard and building coverage requirements of the respective zone will be met.
F. A minimum of one off-street parking space for each employee during the shift of largest employment shall be provided for those public utility structures that require personnel to be on duty either full- or part-time.
[Amended 5-25-1995 by Ord. No. 22-95]
Fraternal, social, civic, recreational, rehabilitative, philanthropic or eleemosynary uses, of a public or private nature, may be permitted, provided that:
A. A statement setting forth the full particulars on the building and/or use or operation is submitted with the development application.
B. The lot upon which the use is proposed shall conform to the following standards and requirements:
(1) Minimum lot area: 10 acres in the Agriculture/Land Conservation District; five acres in all other districts.
(2) Minimum lot frontage: 300 feet.
(3) Minimum lot width: 300 feet.
(4) Minimum lot depth: 300 feet.
(5) Minimum front yard setback: 150 feet.
(6) Minimum side yard setback: 100 feet.
(7) Minimum rear yard setback: 150 feet.
(10) Floor area ratio (FAR): 0.30.
C. The building height may exceed that established for the zone in which the use is located, provided that the front, rear and side yards shall be increased by two feet for each foot by which such building exceeds the height limit herein established for the zone in which it is located, but in no case shall any building exceed a height of 50 feet.
D. Signs may be illuminated but nonflashing and limited in area to not more than 30 square feet on any one side. The number of signs shall be limited to one per street frontage.
E. Philanthropic and eleemosynary uses shall provide off-street parking spaces at the rate of one space per every 300 square feet of gross floor area.
F. Hospitals and health care facilities, excluding residential rehabilitation centers, shall provide off-street parking spaces at the rate of two spaces per bed or one space per 150 square feet of gross floor area, whichever is greater. Residential rehabilitation centers shall provide off-street parking spaces at the rate of one space for every three beds, plus one space for every employee or staff member on the maximum shift. [Amended 2-27-1997 by Ord. No. 3-97; 11-9-2000 by Ord. No. 2000-32]
Motor vehicle service stations may be permitted, provided that:
A. The site plan shall also show the number and location of fuel tanks to be installed, the dimensions and capacity of each storage tank, the depth to which the tanks will be placed below the ground, the number and location of pumps 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 60,000 square feet with a minimum lot frontage of 300 feet. No building shall be located closer than 100 feet to any street line.
C. All paved areas other than driveways shall be located no closer than 40 feet to the street line.
D. Driveways shall be not more than 35 feet nor less than 25 feet wide at any point. Driveways must be at least 10 feet from any side lot line and 50 feet from the intersection of street lines. No more than one driveway shall be permitted for each 100 feet of street frontage.
E. No motor vehicle service station shall be located within 1,000 feet of any public entrance to a church, school, library, hospital, fire station, park, playground, charitable institution or place of public assemblage, or within 2,500 feet of any existing motor vehicle service station. The distance shall be measured in a straight line along the center line of streets forming the shortest route from a point opposite the nearest side boundary from said public entrance to a point opposite the nearest boundary of the service station or garage lot.
F. All fuel dispensers shall be located at least 50 feet from any street or property line.
G. No vehicle shall be permitted to be standing or parked on the premises of a motor vehicle service station other than those vehicles used by the employees in the indirect or direct operation of the establishment.
H. The entire area of the site traversed by motor vehicles shall be hard-surfaced.
I. No outdoor oil drainage pits or hydraulic lifts shall be permitted.
J. Overnight outdoor storage of more than three vehicles shall be prohibited.
K. Any repair of motor vehicles shall be performed in a fully enclosed building. No parts or partially dismantled motor vehicle may be stored out of doors.
L. Coin-operated service stations are not permitted.
M. No auto body work shall be permitted.
N. All motor vehicle service stations that sell gasoline at retail to consumers from gasoline pumps at their stations shall be required to have an alternate energy source, such as a generator connection/hookup, that is capable of providing electrical service during an interruption of the normal electrical supply sufficient to power up the gasoline pumps so that gasoline can be sold to the consumer. The alternate energy source shall be sufficient to operate all pumps during normal business hours of the service stations. [Added 3-14-2013 by Ord. No. 2013-5]
O. The alternate energy source required by § 220-108N shall be required any time an existing motor vehicle service station undertakes a substantial renovation (e.g., tank replacement) as determined by, and in the sole discretion of, the Zoning Officer in consultation with the Construction Official. [Added 3-14-2013 by Ord. No. 2013-5]
Drive-in restaurants may be permitted, provided that:
A. The minimum lot area shall be three acres.
B. The minimum lot frontage shall be 300 feet.
C. The minimum lot depth shall be 300 feet.
E. The minimum open space shall be 30% of the lot area.
F. All minimum requirements of front, rear and side yards, setbacks and building height shall conform to those established for the zone, except that greater requirements may be established by the Zoning Board of Adjustment.
G. The applicant shall submit plans showing the placement, type, intensity and direction of all lighting.
H. There shall be a buffer strip along the entire perimeter of the property, exclusive of the front yard, of at least 10 feet in width measured inward from the property line and suitably landscaped with grass and/or ground cover, shrubs and trees. The buffer screen shall be six feet in height and shall adhere to the standards set forth in § 220-100.
I. Driveways shall be not more than 35 feet nor less than 25 feet wide at any point. Driveways must be at least 10 feet from any side lot line and 50 feet from the intersection of street lines. No more than one driveway shall be permitted for each 100 feet of street frontage.
J. The applicant shall submit a detailed landscaping plan showing the location, type and size of all trees, shrubs, ground cover, paved area and other outdoor features.
K. The applicant shall demonstrate that trash will adequately be disposed of and that the drive-in use shall not become a public nuisance.
L. All paved areas other than driveways shall be located no closer than 40 feet to the right-of-way line.
New car sales, service and showrooms may be permitted, provided that:
A. The minimum lot area shall be five acres.
B. The minimum lot frontage shall be 300 feet.
C. The minimum lot depth shall be 300 feet.
E. The minimum open space shall be 25% of the lot area.
F. All minimum requirements of front, rear and side yards, setbacks and building height shall conform to those established in the zone.
G. Used cars shall not be sold except as an accessory use to a new car dealer.
H. There shall be a building in conjunction with the use which shall contain no less than 15,000 square feet of usable floor area. At least 25% of said floor area shall be devoted to new car display purposes.
I. The area devoted to outside display of new and used cars shall not exceed the area of the building or 25% of the total lot area, whichever is less.
J. All outdoor display and service area, including driveways and parking facilities, shall be paved with a suitable asphalt or other similar material commonly used in driveway construction.
K. Display lighting shall be shielded and shall be so located and maintained as not to constitute a hazard or nuisance to the public using the highway or to neighbors. In particular, so-called "string lights" shall not be permitted.
L. Where the use is situated adjacent to residentially used property, adequate screening shall be provided along the property line as required by the Planning Board in individual cases and in accordance with the provisions of § 220-100.
