A. Institutional uses as defined in Section 13-1.2 are intended to include public and quasi public nonprofit uses promoting the public good such as houses of worship, schools teaching academic subjects, libraries and public utility uses (excluding workshops, warehouses, garages, storage yards, and wireless telecommunications technology). An institutional use is permitted as a conditional use in specified zone districts provided that the following requirements are met:

1. Before any development approvals, construction permits, or certificates of occupancy, a site plan shall be submitted to and approved by the Planning Board.

2. The minimum lot area shall be three (3) acres.

3. The minimum frontage shall be two-hundred and fifty (250) feet.

4. The minimum front yard shall be fifty (50) feet.

5. The rear yard shall be a minimum of one-hundred (100) feet.

6. The side yard shall be a minimum of 2 times the height of the building, and no side yard shall be less than 50 feet, provided, however, no structure shall be nearer than 100 feet to any residential district.

7. The maximum impervious surface coverage including buildings and parking lots shall be sixty (60) percent in residential districts and in nonresidential districts it shall not exceed the maximum coverage established for the particular zone where the use will be located.

8. No building shall exceed the height limitations of the zone district in which it is located.

9. Parking, landscaping, lighting and other applicable design standards shall be provided in accordance with the provisions of this Ordinance.

Nursing homes and assisted living facilities shall conform to all of the following requirements:

A. The tract on which such facilities are located shall be a minimum of five (5) acres with a minimum frontage of 400 feet.

B. All principal and accessory buildings shall be set back a minimum of 100 feet from all property lines.

C. One off-street parking space shall be provided for each 2 beds. Such off-street parking may occupy not more than fifty percent of the front yard, shall be set back at least 25 feet from all property lines and shall be suitably screened from all adjoining residences by a fence or evergreen planting approved by the Planning Board. Documentation of the anticipated parking demand shall be provided. Upon review, the Board may either allow a reduction in parking or require additional parking spaces.

D. One sign not to exceed 32 square feet in area shall be permitted. Where the tract faces on more than one street, two such signs shall be permitted. No sign shall be closer than 30 feet to a property line and 10 feet to a road right of-way.

E. All other provisions of this Ordinance as well as other applicable local and State requirements shall be complied with.

No permit shall be issued for the use of any building or premises as a motor vehicles sales establishment in any district other than B-2, 1-5 and 1-10 Districts. The display or sales of motor vehicles may be conducted outside the confines of a building subject to the following requirements:

A. The area devoted to such use shall be paved and graded to dispose of all surface water.

B. Such use shall be permitted in the front, side and rear yards provided said use is not closer than 20 feet from the front street right-of-way line nor 15 feet from any side or rear property line. If said use abuts a residential zone, no part of the use shall be nearer than 25 feet to the residential zone boundary line.

C. Any lighting, in connection with such use, shall be so arranged and shielded as to reflect the light downward away from all adjoining streets or buildings.

D. The area permitted for such use shall at all times be clearly and legibly marked on the required paved surface.

E. All landscaping and signs shall comply with the regulations contained in this Ordinance.

A. Vehicular service stations are only permitted as a conditional use in the B-2 District. Any person desiring to use any premises to erect, construct or alter any new or existing building or structure, intended or designed to be used as a vehicular service station (as defined in Section 13-1.2) shall make application in writing to the Planning Board.

B. The following information shall be shown in addition to the requirements contained in this Ordinance:

1. A site plan drawn to scale showing the location of the premises and the building thereon to be erected or construction thereon; the street entrances and exits or driveways; and the precise location of the tanks, pumps, lifts and other appurtenances.

2. The width of the street or streets upon which said premises abut.

3. The location, existing use and type or kind of structure, if known, of all buildings within 500 feet of the boundary lines of the premises.

4. A statement of the dimensions of the existing or proposed building and the type of construction and materials to be used, together with building elevations and floor plans.

5. Where the applicant is a person other than the owner of the premises, the written consent of such owner or owners authorizing the filing of the application.

C. The minimum lot area shall be twenty-five thousand (25,000) square feet.

D. The minimum frontage shall be one hundred fifty (11 50) feet -for an interior lot and one hundred seventy-five (1 75) feet for both frontages of a corner lot.

E. The average lot depth shall be one hundred fifty (1 50) feet.

F. The minimum setback of buildings, structures, canopies, fuel pumps, air pumps, tanks or other service appliances from the future right-of-way shall be no less than forty (40) feet.

G. The minimum setback of buildings, structures, canopies, fuel pumps, air pumps, tanks or other service appliances from the side or rear property line shall be no less than twenty-five (25) feet, unless adjoining a residential district whereby the setback shall be no less than forty (40) feet.

H. All driveways shall be at least sixteen (16) feet wide, at least twenty-five (25) feet from adjoining property lines and at least fifty (50) feet from the intersection of road right-of-ways. There shall be no more than two driveways along any road right-of-way.

1. A twenty (20) foot wide landscaped strip across the entire frontage shall be provided and shall be planted with grass or groundcover, a hedge consisting of two rows of shrubs and shade trees. Additionally, all areas of the lot not deemed necessary for the circulation or storage of automobiles, as determined by the Board, shall be landscaped.

J. Vehicular bodywork and painting are prohibited in the B-2 District, as are truck repairs on vehicles over 10,000 pounds.

K. No more than three (3) vehicles per bay shall be permitted in overnight outdoor storage in the B-2 District.

L. Any repairs on motor vehicles shall be performed in a fully enclosed building. No parts or partially dismantled motor vehicles may be stored outdoors.

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

N. All storage tanks shall be installed underground.

0. Accessory goods directly related to the physical operation of a motor vehicle such as anti-freeze, motor oil, wiper blades and other similar products may only be displayed outdoors when located on the pump islands or along the principal building in a suitable stand or rack. One (1) stand or rack shall be permitted for each pump island and one (1) for the principal building.

P. Convenience/food stores selling retail goods such as beverages, packaged food goods, sundries and other products to enhance the convenience of motorists shall be permitted as an accessory use and shall not exceed a gross floor area of 750 square feet, including area designated for retail display, storage, and offices, but excluding areas designated for public rest rooms . Outdoor vending machines shall be prohibited when the property is developed with a convenience/food store.

Q. Outdoor vending machines shall comply with the setback requirements contained in subsections F and G..

R. The maximum canopy height and mounting height of freestanding lights shall be eighteen (18) feet.

S. A public rest room shall be provided.

T. Outdoor solid waste disposal shall be properly screened or buffered.

U. Aesthetic trash receptacles shall be provided at pump islands and the main building entrance.

V. Signage shall comply with the requirements set forth in Section 13-8.9; however, no more than a total of three (3) wall/canopy signs attached to the principal building and canopy shall be permitted for each property when an application involves a building and canopy.

W. No more than a total of two (2) temporary/point of purchase signs related to the pump islands are permitted provided that each sign does not exceed two (2) square feet on each side. Gasoline pump signage as required by law shall be permitted. Customary lettering or insignia which are a part of the gasoline pumps and not exceeding 72 square inches shall be permitted.

X. No more than one (1) temporary sign located inside the building envelope and specifically advertising special seasonal servicing of automobiles, provided that such sign does not exceed 6 square feet in area.

Y. No part of any vehicular service station shall be used for any purpose other than stated in this section and under the definition of vehicular service station. Any use dedicated to one type of vehicular or maintenance service, including without limitation, lubrication, or installation of tires, shocks, brakes, or mufflers, shall be deemed a vehicular service station.

Z. No part of any vehicular service station shall be located on a lot having more than 20% of its area located in a Critical Aquifer Recharge Area or having more than 10% of its area located in a Category 1 Critical Aquifer Recharge Area.

AA. All other applicable requirements of this Ordinance shall be met.

Subsidized accessory apartments as defined in Article I shall be permitted under the following conditions.

1. The development of any subsidized accessory apartment shall be in accordance with the provisions of Article XII (Section 13-7.830)

2. Each new subsidized accessory apartment created under the terms of this Section shall be affordable to and rented by a qualified low or moderate income household for a period of at least ten (10) years from the date a Certificate of Occupancy is issued for the new unit in accordance with the terms of Section 13-7.830 and Section 13-7.826 where applicable.

3. No subsidized accessory apartment shall be created under the terms of this Section unless an application has been submitted to and approved by the Housing Administrator and unless the creation of the subsidized accessory apartment is accomplished as part of the Township's affordable housing compliance program and unless the subsidized accessory apartment is deed-restricted in accordance with the terms of Section 13-7.830 and Section 13-7.826. At the time of development, a new deed shall be recorded in the County Clerk's Office containing a restriction to the effect that if said accessory unit is not occupied by, or made available to, a low or moderate income household in accordance with Township requirements, the accessory units shall be removed. Said restriction shall remain in place for ten (10) years.

4. The dwelling structure containing the accessory apartment unit shall comply with all applicable building codes and all the laws of the State of New Jersey and the Township of Roxbury. No dwelling structure shall contain more than one accessory apartment. Not more than one accessory apartment shall be permitted. No subsidized accessory apartment shall contain more than one (1) bedroom. Subsidized accessory apartments shall be permitted in the RR, R-1, R-2, R-2.5, and R-3 zones and the parcel on which the apartment is proposed shall meet the minimum lot size requirements of the zone in which it is located.

5. The entire structure containing the subsidized accessory apartment -unit shall meet all applicable Building Code and Board of Health requirements following the completion of the conversion.

6. The property proposed for conversion shall be able to accommodate 1 off-street parking space in addition to the parking requirement otherwise specified in Section 13-8.701 having direct and unrestricted driveway access and not blocked by any other parking space.

7. The provisions of this Section allowing the development of subsidized accessory apartments shall expire automatically when funds are no longer available to subsidize accessory apartment conversions and/or when the maximum number of accessory apartments that the Township is permitted to apply toward its fair share obligation of low and moderate income dwelling units in accordance with COAH requirements is reached. The subsidized accessory apartment development option shall exist only to the extent that the maximum number of permissible accessory apartment units as determined by COAH has not be reached. The Housing Administrator shall keep a record of such units.

8. In dwelling units where an accessory apartment is to be located, the required front yard, side yards and rear yard areas shall be maintained.

9. Applicants for the creation of a subsidized accessory apartment shall submit to the Housing Administrator: a) A sketch of floor plan(s) showing the location, size and relationship of both the accessory apartment and the primary dwelling within the building; b) Rough elevations showing the modification of any exterior building facade to which changes are proposed; and c) A site development sketch showing the location of the existing dwelling and other existing buildings; all property lines; any proposed addition, along with the minimum building setback lines, the locations, size and extent of all underground utilities and the length, width and function of all rights-of-ways and easements potentially affecting that addition; the required parking spaces for both dwelling units; and any natural or manmade conditions which might affect construction. All plans and elevations shall be clear and concise and drawn to a scale of not less than one (1) inch equals four (4) feet for the floor plan(s) and elevation(s) and one (1) inch equals twenty (20) feet for the site development plan. d) Alterations to the exterior of the existing dwelling, other than those to improve the maintenance and attractiveness of the dwelling, shall be minimized. e) After creation of the subsidized accessory apartment, the building shall maintain the usual appearance of a single-family detached dwelling and shall remain compatible with the character of the surrounding neighborhood. f) The converted dwelling shall not have more than the existing number of entrances along the front of the building. All other entrances to either the principal or accessory dwelling units shall be located on the side or rear of the building. g) No new unenclosed exterior stairways shall be allowed on the front of the converted dwelling.

10. Necessary changes in the number or placement of windows to provide adequate light and air will be allowed but shall be minimized; any changes which occur must be done in a manner consistent with the architectural character of the dwelling.

11. Additions to an existing dwelling designed to allow the creation of a subsidized accessory apartment within the dwelling shall not be permitted, except that small additions containing up to a maximum of ten percent (10%) of the gross floor area of the existing dwelling or 100 square feet, whichever is less, may be permitted if the addition will facilitate the creation of the accessory apartment in a more logical manner, considering design, layout, access and safety factors.

12. The third floor or any floor above shall not be used for an accessory apartment but may be used for storage or sleeping rooms for a second floor dwelling. No accessory apartment shall be located in a below-ground basement where the exterior grade is more than half the height of the exterior wall, unless there is at least one (1) exterior facade where the unit is at grade with the ground outside.

13. Each subsidized accessory apartment shall meet the following minimum size requirements: a) Minimum gross floor area of unit:

Efficiency 450 sq. ft. 1 bedroom 600 sq. ft. b) The accessory apartment shall contain living/sleeping with a kitchen and complete sanitary facilities for the exclusive use of its occupants. It shall consist of not less than two (2) rooms, one (1) of which shall be a full bathroom. c) A subsidized accessory apartment shall not contain a den or other extra room capable of being used as a bedroom, i.e., having a closet and a door separating the room from the remainder of the unit.

Commercial Development as defined in Article I shall be permitted under the following conditions:

A. Conditions

1. Development of a Planned Highway Area Commercial Development shall include, but not be limited to a hotel and restaurant. Restaurants with drive through facilities are prohibited. Retail uses shall not exceed 26,000 square feet.

2. Minimum lot size shall be ten (10) acres.

3. The development shall be serviced by public water and sewer.

4. Minimum front yard setback shall be forty (40) feet for principal buildings.

5. Accessory structures shall be prohibited in the front yard.

6. Minimum rear yard setback shall be forty (40) feet for both principal and accessory buildings.

7. Minimum side yard setback shall be forty (40) feet for both principal and accessory buildings.

8. Maximum impervious surface coverage shall be 55%

9. Principal structures shall be architecturally designed with an aesthetic focal point, such as an entrance.

10. Maximum building height: no building shall exceed the greater of a maximum of four (4) stories and forty eight (48) feet in height, except that roof appurtenances in excess of such height may be erected after review and approval by the applicable board.

11. The main site entrance shall be designed in an aesthetic manner utilizing an architectural feature (clock tower, gatehouse, etc.) and landscaping which highlights the entrance as the main driveway to the Planned Highway Area Commercial Development.

12. Maximum floor area ratio: 25%

13. Minimum distance between principal buildings: sixty (60) feet.

14. Parking setbacks; parking of vehicles shall be located no closer than twenty (20) feet to a front building wall and no closer than ten (10) feet to the side and rear building walls. Parking shall be no closer than twenty (20) feet to a street right of way line.

15. Minimum buffer; a planted or natural buffer strip of at least twenty (20) feet shall be provided adjacent to all residential use property lines. A minimum of ten (10) feet of planted or natural buffer shall be provided along nonresidential use property lines.

16. All Planned Highway Area Commercial Development shall occur on lots in the OB zone, with a minimum of 750 feet of frontage on a county road or state highway and within 2500 feet of the nearest serviceable leg of an interchange ramp with an interstate highway.

17. A minimum of 15% of the tract area shall remain in contiguous open space, which shall be preserved in perpetuity through conservation easements.

18. In consideration of enhanced environmental features of the project such as reduced impervious coverage from the standard established for this zone, open space dedication provided for in Section 13-7.351OA17 or innovative design relating to layout, grading and drainage to minimize the disturbance of steep slopes, the Board is authorized to waiver the provisions of the steep slope ordinance 13-7.818.

19. The overall plan shall provide for an effective an unified treatment of the development possibilities of the site.

20. All buildings in the layout and design shall be an integral part of the development and shall have convenient access to those uses within the development.

21. Landscaping, signage, site lighting, paving materials and sidewalk network shall be designed as a coordinated component of the development.

22. Road frontage shall be treated in an aesthetic manner through the use of landscaping and stone walls. Such treatment shall also serve to provide a partial buffer of parking lots.

23. Sidewalks utilized by customers and patrons of the proposed establishments shall be treated in an aesthetic manner (decorative pavers, scoring patterns, color, etc.) Street sidewalks are excluded from this provision.

24. The hotel, restaurant, and retail facilities shall be provided with outdoor benches/seating and trash/recycling receptacles.

25. Exterior dining/food service is prohibited unless authorized by the approving board.

26. Service areas shall be screened from public roads.

27. Facilities for the temporary storage of refuse and garbage awaiting removal shall be designed and located in such a manner as to make the facilities inconspicuous to the general public and to prevent the spread of refuse to other areas. Dumpsters shall be screened from public view.

28. Air conditioning and other mechanical equipment shall be screened from public view with suitable materials to harmonize with the total development.

29. Commercial trucks with an AASHTO designation of WB-40 or larger are prohibited except for deliveries and during construction. Signs shall be posted and the site shall be under the jurisdiction of Title 39 to enforce such regulation.

30. Internal planting islands shall incorporated into the design Of parking lots.

B. Design guidelines: All design guidelines and subdivision and site plan design standards including soil erosion and sediment control standards, storm water management, utilities and public improvement standards, road, intersection sight triangle, curb, sidewalk and driveway standards, parking, loading, solid waste and lighting standards, landscaping, fences, walls and site furniture standards, sign standards, and performance standards for nonresidential uses, promulgated in Article 8 of the Land Use Ordinance of the Township, except where differing standards are specifically noted above, shall be complied with.