Certain uses, activities and structures are necessary to serve the needs and to provide for the convenience of the citizens of the Township at the same time, appreciating the fact that they or any one of them may be or may become inimical to the public health, safety and general welfare of the community if located without due consideration to existing conditions and surroundings, such uses are designated as conditional uses subject to the standards and regulations hereby established. These standards and regulations are intended to provide the Municipal Agency with a guide for reviewing applications for conditional uses as provided for by this Chapter. As a result of the review procedure, the applicant may be required to meet additional standards and regulations imposed by the Municipal Agency during site plan review which are in keeping with and will further the intent of these standards and regulations. Such standards and regulations shall be provided for and maintained as a condition of the establishment and maintenance of any use to which they are a condition of approval. In acting upon an application for conditional use approval, the Municipal Agency shall be guided by the following standards and principles:

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

B. The design, arrangement and nature of the particular use is such that the public health, safety and welfare will be protected and that reasonable consideration is afforded to the following:

1. The suitability of the particular property which is subject to an application for a conditional use.

2. The compatibility of the proposed use(s) and/or structure(s) within the existing neighborhood.

3. The potential effect that the proposed use(s) and/or structure(s) will have upon property values.

4. The adequacy of the proposed parking and traffic circulation for the use(s) and/or structure(s) and the potential for traffic congestion and/or the creation of undue traffic hazards.

5. The need for such facility or use(s) to serve the area in which it is to be located.

6. The adequacy of proposed drainage facilities which will serve the use(s) and/or the structure(s).

7. The adequacy of plans for screening any adverse aspects of the use(s) and/or structure(s) from adjoining properties.

8. The adequacy of proposed outdoor lighting.

9. Compliance with the standards, principles and objectives of the Master Plan.

10. Compliance with the design standards, general provisions, submission requirements and other appropriate provisions of this Chapter.

11. Whether or not the proposed use represents an inherently beneficial use to society or the local community.

C. All conditional uses shall also be required to obtain site plan approval, unless otherwise specified in this Chapter.

D. Conditional uses shall adhere to the additional standards specified for the particular use under this Article except where no additional standards are specified herein.

E. No use specified within this Article shall be considered a conditional use unless it is specifically listed as a conditional use in the zone district regulations.

Adult entertainment establishments may be permitted as a conditional use in the B-3 Zone provided that the use shall adhere to the following standards:

A. Adult entertainment establishments shall not be permitted within five hundred (500') feet of any residentially zoned property, place of worship, day care center or any school. This distance shall be measured from the front door of said establishment to the nearest property line within one (1) of the uses specified above.

B. Adult entertainment establishments shall not be permitted within any shopping center, but shall instead be a freestanding facility.

C. No adult entertainment facility shall be located within one thousand (1,000') feet of another such facility. This distance shall be measured from property line to property line.

Ancillary adult community commercial and professional facilities may be permitted as a conditional use in the R-1 and R-2 Zones provided that the use and/or structures shall adhere to the following:

A. Such facilities shall be limited to a guest house, hobby and craft shops, a pharmacy, barber shop, beauty salon, a laundry and cleaning pickup service, and professional offices for doctors and dentists.

B. All such facilities shall be designed and operated to service, exclusively, the residents of the planned adult community and their guests.

C. Permitted Signs.

1. One (1) sign to identify each ancillary use permitted, not exceeding two (2) square feet in area on any one (1) side and located not less than ten (10') feet from any curbline. Such signs shall indicate only the use of and the name of the occupant of any such facility.

Automobile painting, body work and repair establishments shall be permitted as a conditional use in the zone(s) specified provided that the use and/or structures shall adhere to the following:

A. Such facilities shall not be permitted within five hundred (500') feet of any residential property.

B. All body work and repair including painting and welding shall be performed within an enclosed structure which shall conform to all construction code requirements for hazardous occupancies.

C. Overnight storage of vehicles which are in the process of being worked on shall not be permitted in any front, street side or street rear yard. Storage areas shall be completely enclosed within a solid fence which shall be locked when the facility is closed.

Bed and breakfast facilities shall be permitted as a conditional use in those zones specified provided that the use and/or structures shall adhere to the following standards:

A. Minimum lot size for any bed and breakfast shall be fifteen thousand (15,000) square feet.

B. No more than one (1) freestanding sign shall be permitted. Signs shall not exceed twenty (20) square feet in area or eight (8') feet in height.

C. One (1) off-street parking space shall be provided for each guest room, plus one (1) for each two (2) employees.

Car wash facilities may be permitted as a conditional use in those zones specified, provided that the use and or structures shall adhere to the following standards:

A. Minimum lot size for any car wash shall be three (3) acres.

B. The minimum building front setback shall be seventy-five (75') feet. Located within the front setback area shall be a landscape plant area occupying at least thirty (30%) percent of the total front yard.

C. No building, parking facility or access aisle shall be permitted within seventy-five (75') feet of a residential zoned property.

D. Landscape buffering and screening shall be provided in accordance with Section 16-606.

Cemeteries 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. Buffer Zone means a continuous strip of land required for the purpose of providing physical, audible and visible separation through the use of trees and/or natural foliage.

COLUMBARIUM A freestanding vault with niches for urns containing ashes of the dead.

CREMATORY A furnace or place for the cremation of corpses.

HOURS OF OPERATION Those hours during which normal cemetery activity including digging and filling of graves, burial services, visitation, maintenance and repair of grounds and deliveries, are conducted on the cemetery premises.

MAUSOLEUM, PRIVATE A building or structure having a maximum of twelve (12) crypts for the interment of the dead which is constructed by or for a private lot owner for the interment of persons designated by the private lot owner.

MAUSOLEUM, PUBLIC A building or structure having crypts for the interment of the dead which are available for sale to the general public.

MONUMENT A tablet, a statue, or other marker of stone, metal or another durable substance set up over or adjacent to a grave to commemorate the person interred therein.

B. Permitted Activities, Structures and Buildings.

1. Interment of the dead and related activities associated therewith.

2. A house of worship.

3. An office strictly related to the activities of the cemetery or a residence to be used exclusively for an employee involved in caretaking, security or other activities of the cemetery.

4. Erection of tombstones and monuments.

5. Accessory maintenance buildings related to the operation of the cemetery not to exceed a height of twenty (20') feet.

6. Mausoleums as herein defined.

7. Open space and other recreational use which does not involve the construction or erection of a permanent structure other than backstops, goals, or targets or other removable devices used in sporting and other recreational events.

8. Columbaria as herein defined.

9. Crematories as herein defined.

C. Building and Construction Regulations.

1. The height of any mausoleum shall not exceed twenty (20') feet.

2. The height of every other building, monument or other structure shall be constructed in accordance with the existing requirements of Federal, State and local statutes, rules, and regulations and ordinances.

3. All excavations shall be made in accordance with the regulations issued and promulgated by the occupational safety and health review commission and all other applicable Federal, State and local statutes, rules and regulations and ordinances.

D. Setback Requirements.

1. All exterior walls of any public mausoleum or any columbarium permitted shall be set back at least one hundred (100') feet from the nearest property line of the cemetery or from the nearest street line, whichever is applicable, it being the intent of this provision that there shall be a minimum area of one hundred (100') feet between any such exterior wall and any such property line or street line. All exterior walls of any private mausoleum shall be set back at least fifty (50') feet from the nearest property line of the cemetery or from the nearest street line.

2. All exterior walls of any crematory permitted shall be set back at least two hundred (200') feet from the nearest property line of the cemetery or from the nearest street line, whichever is applicable.

3. The setback of every other building or structure shall be in accordance with the setback requirements for the zone but in no case shall the setback be less than fifty (50') feet along those portions of the site perimeter which abuts areas zoned residential or conforming residential uses.

4. The measurement of setbacks as herein set forth shall be determined by a perpendicular line from the nearest point of any building on the cemetery land that is the subject matter of an application for a building permit of the nearest property line or street line. All mausoleums must be constructed in accordance with the requirements of all applicable Federal, State and local statutes, rules, regulations and ordinances.

E. Hours of Operation. The hours of operation for any cemetery shall be between the hours of 5:00 a.m. and 9:00 p.m. daily.

F. Buffer Zone. Every cemetery shall be required to provide a buffer area at least fifty (50') feet wide along those portions of its perimeter which abut areas zoned residential or conforming residential uses. In-ground burials shall be permitted within the buffer area but in no case shall they be closer than fifteen (15') feet to any property line in order to provide adequate room for landscape screening. The Board may require a wider buffer for in-ground burials if it is deemed necessary for circulation and access.

Community residences for the developmentally disabled or shelters for victims of domestic violence housing more than six (6), but less than sixteen (16) persons, excluding resident staff, may be permitted as a conditional use in those zones specified provided that the use and/or structure shall adhere to the following:

A. A narrative statement setting forth the full particulars on the building and/or use as submitted.

B. Minimum Lot Area. Equivalent of minimum lot size for a single-family dwelling in the particular zone.

C. No community residence for the developmentally disabled or shelter for victims of domestic violence shall be located upon a lot containing any other use, nor shall any structure or facility on the site be utilized to provide services for any person not residing on the site.

D. No community residence for the developmentally disabled or shelter for victims of domestic violence shall be in excess of two and one-half (2-1/2) stories or thirty-five (35') feet in height, exclusive of basement areas. Basement areas shall not be utilized for living, sleeping, or recreation areas.

E. Each community residence for the developmentally disabled or shelter for victims of domestic violence shall submit proof of licensing by the Department of Human Services of the State of New Jersey.

F. No community residence for the developmentally disabled or shelter for victims of domestic violence shall be located within one thousand five hundred (1,500') feet of any other community residence for the developmentally disabled or any shelter for victims of domestic violence.

G. Each community residence for the developmentally disabled or shelter for victims of domestic violence shall provide one (1) off-street parking space for each employee including resident staff members, plus one (1) off-street parking space for each four (4) developmentally disabled persons or victims of domestic violence residing on the site, or fraction thereof. The required off-street parking shall be subject to the provisions of Section 16-627 of this Chapter and shall be screened from adjacent residentially zoned properties in accordance with the provisions of Section 16-606.B. of this Chapter.

H. No building utilized for a community residence for the developmentally disabled or shelter for victims of domestic violence shall be constructed or altered so as to be inharmonious with the residential character of adjacent structures and residential zones.

[Ord. No. 2012-3064]

Fast food service establishments may be permitted as a conditional use in those zones specified provided that the use and/or structures shall adhere to the following:

A. Freestanding Fast Food Service Establishments.

1. There shall be a minimum distance of one thousand five hundred (1,500') feet between any two (2) such establishments on the same side of the street, said distance to be measured between the nearest property lines of the properties upon which the fast food service establishment uses are or are to be located.

2. The minimum lot size shall be one and one-half (1.5) acres for fast food service establishments in the Business (B-2) Zone, and the minimum lot size shall be three (3) acres for fast food service establishments in the Business (B-3) Zone.

3. The minimum building front setback shall be seventy-five (75') feet. Located within the front setback area shall be a thirty (30') foot wide landscaped buffer strip adjacent to the front property line, which shall occupy at least thirty (30%) percent of the total front yard area.

4. There shall be at least one (1) major means of ingress and egress, divided by a median strip, with appropriate deceleration and exit lanes along the road on which the building fronts. If said establishment is located within a developed larger lot, said major means of ingress and egress shall be of sufficient design capacity to serve the entire lot.

5. Impervious surfaces shall not occupy an area greater than eighty-five (85%) percent of the total lot.

6. The minimum off-street parking requirements shall be one (1) space per two (2) seats plus one (1) space per two (2) full-time employees on the maximum work shift. Parking spaces for drive-in restaurant service shall be permitted but shall not be considered to satisfy off-street parking requirements.

7. Direct access from the roadway right-of-way line to the nearest turn or parking space on the lot on which said establishment is located shall be an unobstructed distance of not less than sixty (60') feet.

8. A minimum fifty (50') foot wide buffer to any residential use or residential zone boundary is required on the perimeter of a tract containing a fast food service establishment. The buffer area shall comply with the standards set forth at Sections 16-606B, 16-606C.1 and 16-606C.7 for the purpose of conditional use requirements.

B. Attached Fast Food Service Establishments. Where a fast food service establishment is proposed as part of an existing or proposed building containing two (2) or more commercial or business establishments, such as a shopping center, with shared common parking, access and egress, the provisions of subsection A. above shall not apply.

C. Regulations and Standards Applicable to All Fast Food Service Establishments:

1. All fast food service establishments shall be located on major collector or arterial streets.

2. Signs shall be limited to one (1) freestanding sign and (1) one sign affixed to the building bearing the name of the establishment and a logo, and two (2) lines of copy with twelve inch (12") letters maximum and five (5) words maximum. The total area of the freestanding sign shall not exceed eighty (80) square feet per side. No more than twenty (20) square feet of said freestanding sign may be an electronic message center sign. Standards contained at Section 16-826 shall apply as specified. [Ord. No. 2013-3095 § 3]

3. All service, storage, solid waste and recyclable material areas shall be completely screened from public view, and may not be located within a required buffer area. Such areas shall be regularly maintained in neat and orderly fashion.

4. Drive-thru lanes shall provide sufficient stacking for seven (7) vehicles plus one (1) vehicle at the pick-up window. Stacking lanes shall not block or obstruct access into or out of parking spaces or pedestrian access ways into or out of the restaurant.