Retail sales and services shall be considered a conditional use in the LI Zone District subject to the following regulations:
A. Retail sales and services must be incidental and accessory to a principal permitted use.
B. No more than fifteen (15) percent of the gross floor area of a principal building may be devoted to retail sales and services.
C. Adequate parking in accordance with the standards set forth in §412 shall be provided for the accessory retail sales and service use, as well as for the principal permitted use.
D. Goods sold and services provided by the retail component are to be goods and services traditionally provided by the principal use.
E. An secondary building sign identifying the area devoted to retail use may be provided. Such sign may not exceed eighteen (18) square feet in area, and shall conform to all other standards set forth for building signs at §416.
Public self-storage facility may be permitted in the LI Zone District when authorized as a conditional use by the Planning Board in accordance with the following conditions:
A. Such facility shall be limited to a maximum F.A.R. of 0.90.
B. No storage of hazardous or combustible materials shall be permitted.
C. No sale of material shall be permitted from the premises, except for the purpose of satisfying unpaid rent pursuant to law.
D. No animals or livestock shall be permitted on the premises.
E. No outside storage shall be permitted except that boats and recreational vehicles may be stored in the rear yard provided that they are properly screened from the traveling public in accordance with Section 503.
F. Buildings shall be separated a minimum of thirty-five (35) feet except that the distance may be reduced to twenty-five (25) feet in instances where no access to individual storage facilities is proposed. The reduction only applies where no access is allowed on both sides of the drive aisle.
G. The facility will be completely surrounded by architectural fencing or walls a minimum of six (6) feet in height.
H. The facility shall be landscaped in accordance with Article V.
I. A single residential unit for the use of a caretaker and immediate family shall be permitted.
J. Any other provisions not herein modified shall apply.
Wireless telecommunication facilities may be permitted in the C-1, C and LI Zone Districts when authorized as a conditional use by the Planning Board in accordance with this §415.20 as follows: [NOTE: The C-1 Zone District has been added as prescribed by an Amended Schedule A-2 per Ordinance No. 03-035]
A. General requirements.
1.Principal or accessory use. Telecommunications antennas and towers may be considered either principal or accessory uses. Notwithstanding any other regulation, a different existing structure on the same lot shall not preclude the installation of an antenna or the co-location of an antenna on such lot. If a tower and its appurtenant structures constitute the sole use of the lot, the tower shall be deemed to be the principal use.
2. Leased area. For purposes of determining whether the installation of a tower or antenna complies with zone regulations, including but not limited to setback requirements, lot coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lot.
3. State or federal requirements. All wireless communication facilities must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of a wireless telecommunication facility shall bring such towers and antennas into compliance with such revised standards and regulations within ninety (90) days of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling federal or state agency. Failure to bring a wireless telecommunication facility into compliance with such revised standards and regulations shall constitute grounds for the removal of the wireless telecommunications facility at the owner's expense.
4. Not essential services. Wireless telecommunication facilities shall be regulated and permitted pursuant to this Ordinance and shall not be regulated or permitted as essential services, public utilities or private utilities.
5. Site Plan required. Site plan approval shall be required for all new telecommunication facilities including modifications to addition of new telecommunication facilities to pre-existing towers, buildings or other structures.
B. Antennas on existing structures. Any antenna that is not attached to a tower may be attached to any existing business, industrial, office, utility or institutional structure provided:
1. Side- and roof mounted personal wireless facilities shall not project more than ten (10) feet above the height of an existing building or structure nor project more than ten (10) feet above the height limit of the zoning district within which the facility is located. Personal wireless service facilities may locate on a building or structure that is legally nonconforming with respect to height, provided that the facilities do not project above the existing building or structure height.
2. The antenna complies with all applicable FCC and FAA regulations.
4. Equipment structure. An equipment structure shall not contain more than 200 square feet of gross floor area or be more than ten (10) feet in height. In addition, for buildings and structures that are less than forty-eight (48) feet in height, the related unmanned equipment structure shall be located on the ground and shall not be located on the roof or other structure.
C. Co-location and tower reconstruction. Co-location of antennas by more than one carrier on existing towers and the reconstruction of existing towers shall be consistent with the following:
1.A tower that is modified or reconstructed to accommodate the co-location of additional antenna shall be the same tower type as the existing tower, unless reconstruction of a monopole is proposed.
2. Height. An existing tower may be modified or rebuilt to a height no taller than the existing tower height.
3. Reconstruction of existing towers.
(a)Setbacks. The following setback requirements shall apply to the reconstruction of an existing tower:
(i) Towers must be setback a distance equal to at least seventy-five (75) percent of the height of the tower from any adjoining nonresidential lot line.
(ii) Towers must be setback a distance equal to the height of the tower from any adjoining residential zone or property line.
(iii)Guys and accessory buildings must satisfy the minimum zone district setback requirements.
(b)A tower that is being rebuilt to accommodate the co-location of an additional antenna may be relocated from its existing location, provided the foregoing setback requirements are met.
(c) After the tower is rebuilt to accommodate co-location, only one (1) tower may remain on the site.
(d) A reconstructed tower shall maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color to reduce visual obtrusiveness. The use of camouflage structures, materials and treatments ("trees, steeples, clock towers") shall be required in locations where vegetative conditions or architectural conditions warrants said treatment.
4. Security. Towers shall be enclosed by security fencing not less than eight (8) feet in height. Towers shall also be equipped with anti-climbing measures.
5.Lighting. No lighting is permitted on an existing or reconstructed tower except lighting that is specifically required by the FAA. Such required lighting shall be focused and shielded to reduce glare to adjacent and nearby properties to the greatest extent possible.
6.Ancillary buildings.
(a) Any proposed building enclosing related electronic equipment shall not contain more than 200 square feet of gross floor area or be more than ten (10) feet in height.
(b) Only one (1) such building shall be permitted on the lot for each provider of wireless telecommunication services located on the site.
(c) Such buildings must satisfy the minimum zone district setback requirements.
(d) One (1) light may be provided at the entrance of the building, provided that the light is attached to the building, is focused downward and is switched so that the light is turned on only when workers are at the site.
D. Abandonment or discontinuation of use.
1. At such time that a licensed carrier plans to abandon or discontinue operation of a wireless telecommunication facility, such carrier shall notify the Township Clerk by certified U.S. mail of the proposed date of abandonment or discontinuation of operations. Such notice shall be given no less than thirty (3) days prior to abandonment or discontinuation of operations. In the even that a licensed carrier fails to give such notice, the wireless telecommunication facility shall be considered abandoned upon discontinuation of operations.
2. Upon abandonment or discontinuation of use, at the option of the Township, the carrier shall physically remove the facility within ninety (90) days from the date of abandonment or discontinuation of use. "Physically remove" shall include, but not be limited to:
(a) Removal of antennas, mount, equipment shelters and security barriers for the subject property;
(b) Proper disposal of waste materials from the site in accordance with local, county and state solid waste disposal regulations;
(c)Restoring the location of the facility to its original and/or natural condition, except that any landscaping and grading shall remain in the after-condition as deemed appropriate by the Township Engineer.
3.If a carrier fails to remove a wireless telecommunication facility in accordance with this section, the Township shall have the authority to enter the subject property and physically remove the facility. The board of jurisdiction shall require the posting of a bond at the time of approval to cover the costs for the removal of the facility.
A. Permitted - Convenience Stores with Gas are permitted as a conditional use in the following zones: Planned Commercial Development (C-1); Corridor Commercial (C2); Route 66W Commercial (C-3); Route 66E Commercial (C-4); Route 33W Commercial (C-5); Route 33E (C-6); Route 35 Commercial (C-7); Town Commercial (B-1); Professional Office (B-2); Marina Mixed Use (B-3); and the Light Industrial (LI), provided the following standards are met, together with any applicable requirements of this chapter as follows:
a. They contain not less than 2,000 square feet and not more than 6,500 square feet of gross floor area
b. Parking and pedestrian circulation for the handicapped shall conform with the Americans with Disabilities Act
c. The location and access to the convenience store does not impede or interfere with vehicular and pedestrian circulation to and from the fuel pumps
**Webmasters Note: The previous section has been added as per Ordinance No. 14-07.
The purpose of this Subsection is as follows:
A. To protect the public health, safety and welfare by restricting signs which impair the public's ability to receive information, violate privacy, or which increase the probability of accidents by distracting attention or obstructing vision.
B. To encourage signs that promote a desirable visual environment through creative yet orderly design arrangements.
C. To encourage signs that aid orientation, identify activities, describe local history and character or serve other educational purposes.
D. To encourage the replacement of nonconforming signs by conforming signs through the strict enforcement of the procedures and requirements of this Article.
E. To promote the free flow of traffic and protect pedestrian, bicyclists and motorists from injury and property damage caused by, or which may be fully or partially attributable to cluttered, distracting, or illegible signs.
F. To promote the use of signs that are aesthetically pleasing and of appropriate scale to the zoning district.
G. To promote the use of signs that are compatible with the Township's character.
A.Permit Required.
1. An application shall be made to the Zoning Officer for the issuance of a zoning permit by any person wishing to erect, alter, modify, or expand any sign, except exempt signs as described in this Article. This shall apply to all site plans that do not acquire approval at the board level.
2. A zoning permit and any other permits that may be required for the erection or modification of a sign may only be issued subsequent to the issuance of a zoning permit by the Zoning Officer.
3.If the Zoning Officer determines that the proposed sign does not conform to the requirements contained herein, the Officer shall instruct the applicant that Planning Board or Zoning Board of Adjustment approval of an application for development is required, and the Officer shall further advise the applicant which Board has jurisdiction.
B.
C. Measurement. For the purposes of this section, the size of any sign shall be computed by determining the total area of any sign board, sign face or sign background at its largest horizontal and vertical dimensions, including framing, trim or molding. Where there is no framing, the sign area shall be deemed to be the area of the smallest rectangular figure that can encompass all of the figures and their supporting logos or elements, if any. For double-faced signs, only one (1) display face shall be measured in computing the total sign area where the sign faces are parallel, or where the interior angles formed by the faces are forty-five (45) degrees or less. Maximum permitted size does not include the supporting structure, as long as the supporting structure is not designed to convey a message. The supporting structure shall not in itself convey any type of message, except for the property address and for permitted appurtenances specified in this section.
D. Content. The content or advertising which may be displayed on signs shall be limited to the identification and location of the premises, identification of its owners or occupants and information concerning the activities conducted on the premises or the goods and services offered in connection therewith, unless specified otherwise herein.
E. Maintenance. Signs shall be constructed of durable materials, maintained in good condition and not allowed to become dilapidated. All signs, together with all supports, braces, anchors and other parts, shall be kept in continual repair, including cleaning, painting, replacing of defective parts and otherwise maintaining a presentable condition. The owner of any painted sign shall be required to repaint the same when necessary to maintain the sign in good condition and give it a neat appearance. Lack of proper maintenance shall be considered abandonment, and the sign shall be repaired, painted, cleaned or otherwise returned to a presentable condition or removed within ten (10) days upon notification by the Zoning Officer or Construction Code Official.
F. Appurtenances. Notwithstanding the restrictions found elsewhere in this article concerning sign face shape and area, sign appurtenances shall be permitted only when designed as an integral part of the sign, constructed of similar materials, and graphically compatible in color, shape, position, and scale with the permitted sign face. Sign appurtenances cannot increase the proposed sign area by greater than fifteen (15%) percent. Sign appurtenances cannot extend above or to the side of the sign face by a distance greater than forty (40%) percent of the sign face height. Sign appurtenances cannot project outward beyond the face of the proposed sign. Sign appurtenances for Type B freestanding signs only may identify the name of a retail or office development in accordance with the foregoing standards.
G. Setback. The sign setback shall be measured from the property line to the nearest part of the sign, including any base, frame or decorative elements. No freestanding type A or B sign may be located within fifteen (15) feet of adjacent residential use.
H. Height. Sign height shall be measured between average grade immediately below the sign and the highest point of the highest element of the sign. Wall signs shall not project more than 2' above the top or beyond the ends of the wall surface upon which they are placed, nor shall wall signs be placed on a parapet or similar architectural device such that the sign would project above the elevation of the roof behind such parapet or other device.
I. Projection. No wall sign may project more than nine (9) (12) inches from the outer face of a wall and shall not extend over any public right-of-way, unless otherwise provided for in this article. An awning shall not be construed in any way to be a wall sign.
J.Change of use, occupancy or vacancy. Whenever any change of use, occupancy or vacancy occurs, all existing signs no longer relating to the current use and occupancy of the premises shall be immediately removed. In addition, any signs not conforming to any requirement of this Section and removed in accordance to this requirement shall not be replaced unless it conforms to all requirements of this article.
K.Nonconforming signs. Any lawfully nonconforming sign may be altered as follows:
1. Minor and nonstructural maintenance and/or repairs to the sign support structure and/or frame may be completed.
2. Re-lettering of an existing sign face containing the same specific message or letters may be completed.
3.An existing sign face may be replaced, provided there is no expansion in sign area, and provided the general provisions of this Subsection are satisfied.
