§ 415 CONDITIONAL USE CRITERIA

§ 415.01 Adult Entertainment Uses

Adult entertainment uses may be permitted when authorized as a conditional use by the Planning Board in the C-2 Zone District in accordance with the following conditions:

A. In the C-2 Zone District, no adult entertainment use shall be permitted within 1,000 feet of another adult entertainment use, any lot or building used partially or wholly for residential purposes, a hospital, a nursing home, an assisted living facility, a school, a public facility, a day care or child-care center.

B. An adult entertainment use shall not be permitted in any area other than the C-2 Zone District.

§ 415.02 Assisted Living Facilities

Assisted living facilities may be permitted when authorized as a conditional use by the Planning Board in the R-4, PUD/R-1, C-3 and HD-R-2 Zone Districts in accordance with the following conditions: [NOTE: The C-3 Zone has been added as prescribed by an Amended Schedule A-2 per Ordinance No. 03-035]

A. The facility shall provide individual apartment units with, at a minimum, one (1) unfurnished room, a private bathroom, a kitchenette, and a lockable door on the unit entrance;

B. A Certificate of Need from the New Jersey Department of Health and Senior Services shall be demonstrated;

C. Bulk requirements.

1. Minimum lot area: One (1) acre

2. Minimum front yard setback: Twenty (20) feet

3. Minimum side yard setback: Twenty (20) feet or the maximum height of the building, whichever is greater

4. Minimum rear yard: Fifteen (15) feet

5. Maximum height: Forty (40) feet and three (3) stories

D. A buffer area of at least fifteen (15) feet in width shall be provided to adjacent residential uses, consisting of massed evergreen and deciduous plantings.

E. A porte-cochere' may project fifteen (15) feet into the front yard setback area, provided adequate landscaping is provided between said porte-cochere' and the front yard line.

§ 415.03 Automotive Body Repair and Painting

Automotive body repair and painting may be permitted when authorized as a conditional use by the Planning Board in the C-2 and C-3 Zone Districts in accordance with §415 as follows: [NOTE: The C-3 Zone has been added as prescribed by an Amended Schedule A-2 per Ordinance No. 03-035]

A. All lubrication, repair, painting, or similar activities shall be performed in a fully enclosed building. No exterior display or storage of parts shall be permitted.

B. No junked motor vehicle or part thereof, or such vehicles incapable of normal operation upon the highway, shall be permitted on the premises of the repair garage.

C. No vehicle awaiting repair or disposition at the repair garage shall be permitted on the premises for a period exceeding ten (10) days.

D. No more than thirty (30) percent of the lot may be utilized for temporary outdoor vehicle storage. Regardless of lot area, a maximum of 15,000 square feet may be devoted to temporary outdoor vehicle storage.

E. A designated temporary outdoor storage area shall be enclosed by a continuous solid fence at least eight (8) feet in height for screening purposes. The perimeter of said fence shall be generously landscaped with ornamental landscaping.

F. No temporary outdoor storage area shall be located within twenty (20) feet of a residential zone district.

G. In addition to landscaping that is otherwise required pursuant to the provisions of this Ordinance, a minimum of twenty-five (25) percent of the front yard shall consist of landscape screening of the building and front yard parking.

H. No exterior display of motor vehicles, recreational vehicles, boats, other forms of transportation, or equipment for sale shall be permitted.

§ 415.04 Automotive Service Station and Gasoline Fueling Station

A. Automotive service stations may be permitted when authorized as a conditional use by the Planning Board in the C-3 Zone District in accordance the following conditions:

1. Notwithstanding the applicable zone district requirements, the minimum lot size for service stations shall be 30,000 square feet and the minimum lot frontage shall be 150 feet.

2. Such use shall only be combined on the same site with another principal use provided the other use is a principal use permitted in the applicable zone district. In addition, a gasoline fueling station may be permitted on the same site provided: (a) the gasoline fueling station is a conditional use permitted in the applicable zone district; and, (b) the gasoline fueling station components of the site conform to all of the conditional use standards specified for an automotive fueling station.

3. Notwithstanding any other provision to the contrary, service stations shall be permitted two curb cuts - an entrance and an exit - on one street frontage but not to exceed three per lot.

4. No service station shall be located within 500 feet of any firehouse, school, playground, church, hospital or public building.

5. All facilities including but not limited to repair appliances, pits, product and part storage areas, work areas, storage tanks for used automotive fluids, and trash facilities shall be within a building or under a roofed structure.

6. All lubrication, repair, maintenance or similar activities shall be performed in a fully enclosed building. No dismantled parts or vehicle assemblies shall be displayed outside of an enclosed building.

7. No junked motor vehicle or part thereof, or such vehicles incapable of normal operation upon the highway, shall be permitted on the premises of the repair garage. No motor vehicles awaiting repair or disposition at an automotive service station shall be permitted on the premises for a period exceeding seven (7) days of business operation, except that up to three (3) inoperable vehicles in an enclosed building may be permitted without a time restriction.

8. A designated temporary outdoor storage area for vehicles awaiting repair and/or service during off-business hours shall be provided, unless all vehicle storage can be accommodated inside a building. Such temporary outdoor storage area shall be:

(a) Distinct and separate from visitor and employee parking an of sufficient size to accommodate the anticipated number of vehicles to be stored onsite;

(b) Graded and paved to meet applicable Township design standards as approved by the Township Engineer;

(c) Located outside of a front yard area or a front yard setback area;

(d) Located a minimum distance of fifteen (15) feet from an adjacent property situated in a residential zone district;

(e) Located in a minimum distance of five (5) feet from an adjacent property situated in a nonresidential zone district; and,

(f) Enclosed by a continuous solid fence, which is at least eight (8) feet in height for screening purposes. The perimeter of said fence shall be generously landscaped with ornamental landscaping.

9.No more than thirty (30) percent of the lot area may be utilized for temporary outdoor vehicle storage. Regardless of lot area, a maximum of 15,000 square feet of outdoor area may be devoted to temporary outdoor vehicle storage.

10. In addition to landscaping that is otherwise required pursuant to the provisions of this Ordinance, a minimum of twenty-five (25%) percent of the front yard shall consist of landscape screening of the building and front yard parking.

11. No exterior display of motor vehicles, recreational vehicles, boats, other forms of transportation, or equipment for sale shall be permitted.

B. Gasoline fueling stations may be permitted when authorized as a conditional use by the Planning Board in the C-3 Zone District in accordance with the following conditions:

1. Notwithstanding the applicable zone district requirements, the minimum lot size for gasoline fueling stations shall be 40,000 square feet and the minimum lt frontage shall be 200 feet.

2. A gasoline fueling station may be combined on the same site with another principal use provided the other use is a principal use permitted in the applicable zone district.

3.An automotive service station may be permitted on the same site provided:

(a) The automotive service station is a conditional use permitted in the applicable zone district; and

(b) The automotive service station components of the site conform to all of the conditional use standards specified for an automotive service station.

4.Notwithstanding any other provision to the contrary, fueling stations shall be permitted two curb cuts - an entrance and an exit - on each street frontage but not to exceed four per lot.

5. No fueling station shall be located within 500 feet of any firehouse, school, playground, church, hospital or public building.

6. All facilities including product storage arrears, product display areas, vending machines, public telephone and trash facilities other than gasoline filling pumps, vacuum cleaner stations or air pumps shall be within a building or under a roofed structure.

7. A cantilevered cover or freestanding canopy may be permitted to extend into the required front yard, provided that it is at least fifteen (15) feet from any front yard line.

8. Gasoline filling pumps, air pumps vacuum cleaner stations shall be permitted within the required front yard setback area of service stations but shall be not closer than twenty (20) feet to any street line. No gasoline filling pump, air pump or vacuum cleaner station shall be located within a required buffer area or within a required principal building side yard or rear yard setback area.

9.All fuel tanks shall be installed below grade in accordance with all applicable local, state and federal regulations. No fuel tank or vent pipe shall be located within a required buffer area or within any required principal building setback area. [NOTE: The previous section has been amended per Ordinance No. 03-035]

§ 415.05 Bed & Breakfast Guesthouses and Homestays

Bed and Breakfast guesthouses and homestays shall be permitted in the HD-O and B-3 Zone Districts provided the following supplementary regulations are met: [NOTE: The B-3 Zone has been added as prescribed by an Amended Schedule A-2 per Ordinance No. 03-035]

A. The building is comprised of a structure originally constructed as a private residence, hotel or a bed and breakfast;

B. Guesthouses shall includes individual sleeping accommodations for fifteen (15) or fewer guests;

C. Homestays shall include individual sleeping accommodations for five (5) or fewer guests;

D. At least one (1) dwelling unit is occupied by the owner of the facility as his/her place of residence during any time the facility is being used for the lodging of guests;

E. The principal structure has not less than three hundred (300) square feet of common area for the exclusive use of guests, including but not limited to parlors, dining rooms, libraries and solariums;

F. Cooking and smoking in guests rooms is prohibited;

G. The facility provides a meal to the guests in the forenoon of each day, but does not operate as a restaurant open to the general public;

H. The facility is not a "rooming house" or "boarding house" as defined by N.J.S.A. 55:13B3;

I. The facility is not within two hundred (200') feet of an existing bed and breakfast on the same street; and,

J. The facility does not allow:

1. Any guest to remain for a period of more than one hundred twenty-four (124) days between May 15 and September 15 in given calendar year;

2. Any guest to remain more than thirty (30) successive days, or more than sixty (60) days of any period of ninety (90) successive days between September 15 and May 15.

K. Bed and Breakfast Guesthouses and Homestays shall be located north of Main Avenue, including those properties fronting on both sides Main Avenue.

§ 415.06A Billboards

Billboards may be permitted when authorized as a conditional use by the appropriate Board in the LI Zone District in accordance with the following conditions:



A. Maximum distance of 200 feet from the Route 18 right-of-way line;

B. Maximum sign area showing to one direction shall be 700 square feet with copy extensions beyond the basic billboard sign not to exceed ten (10) of the basic billboard.

C. The minimum setback from the Route 18 right-of-way shall be ten (10) feet. The minimum set back from all other lot lines shall be twenty-five (25) feet or equivalent to the height of the billboard, whichever is greater.

D. Maximum billboard height shall be forty (40) feet as measured from the existing grade to the top of the billboard.

E. No more than three (3) billboard structures shall be permitted on both sides of Route 18 within any linear mile. Minimum distance between billboards shall be 1,500 feet along the same side of the Highway.

F. Billboards shall be located no closer than 800 feet to a residential zone.

G. Billboards shall be located no closer than 800 feet to a residential zone or as indicated by the New Jersey Department of Transportation regulations.

H. Upon an application for a billboard, the items to be reviewed as part of such an application shall include traffic safety lighting landscaping visual impact drainage and other similar elements of site plan reviews. As part of its review the approving agency shall consider the impact of the proposed billboard on surrounding properties and Route 18 itself.

I. Lighting for any billboard shall be designed to restrict any glare and spillover to the immediate area of the sign.

J. Any application for construction of a billboard shall require the applicant to comply with the Roadside Sign Control and Outdoor Advertising Act as contained in N.J.S.A. 27:5-5. et seq., as well as any other applicable statutes law, and regulations related to billboards.

K. No more than one billboard structure shall be permitted on any one tax lot.

M. Any billboard that legally exists may be converted to a digital subject to the additional conditions set forth in 415.06B

**Webmasters Note: The previous section has been amended as per Ordinance No. 15-28.

§ 415.06B - Digital Billboards

In addition to conditions set forth in 415.06A Digital Billboards may be permitted when authorized as a conditional use by the appropriate local land use Board in the LI Zone District in accordance with the following conditions:

A. Display.



1. A digital billboard display shall remain fixed for a period of at least eight (8) seconds before changing, and a message change shall be accomplished completely within two (2) seconds or less.

2. The maximum brightness levels for a digital billboard shall not exceed three tenths (0.3) foot-candle over ambient light levels as measured using a foot candle meter at the following preset distances:

(a) 0-350 square foot signs are to be measured 150 feet from the source;

(b) 351-650 square foot signs are to be measured 200 feet from the source;

(c) 651-672 square foot signs are to be measured 250 feet from source.

Upon the completion of construction, the billboard owner shall provide a certification of the Township's Engineering Department demonstrating that the sign has been preset to automatically adjust the brightness to these levels or lower. Re-inspection and recalibration may be periodically required at the discretion of the Township to ensure that the specified brightness levels are maintained at all times.

3. A digital billboard must have installed an ambient light monitor, which shall continuously monitor and automatically adjust the brightness level of the display based on ambient light conditions consistent with the terms of this article.

4. Brightness of digital billboards shall be measured as follows:

(a) At least 30 minutes following sunset, a foot candle meter shall be used to obtain an ambient light reading for the location. This is done while the sign is off or displaying black copy. The reading shall be made with the meter aimed directly at the sign area at the pre-set location.

(b) The sign shall then be turned on to full white copy to take another reading with the meter at the same location.

(c)If the difference between the readings is 0.2 foot candles or less, the brightness is properly adjusted.

B. NJDOT Compliance. All applications for billboards shall comply with the current New Jersey Department of Transportation regulations.

C. Emergency Services. Digital billboard operators shall coordinate with the Neptune Township Office of Emergency Management to convey real time emergency information in the interest of public health, safety, and welfare.

D. Malfunction. In the event the digital billboard sign is found to be in disrepair, the digital billboard operator must respond to address the issue within one hour of the notification. The digital billboard sign display must be deactivated until the issue is remedied. The issue with the digital billboard sign must be remedied within 12 hours after notification to the digital billboard operator has been made.

**Webmasters Note: The previous section has been added as per Ordinance No. 15-28.