§348-9.11. Home professional office.

Home professional offices 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. Not more than one professional and one professional only, without associates or partners, may utilize the office, except that one additional professional may be permitted, provided that both professionals are members of the same immediate family which includes parent, children and spouses only.

B. Not more than two persons may be employed as office personnel.

C. The portion of the dwelling devoted to professional office use shall not exceed 30% of the total floor area of the dwelling.

D. Minimum lot size requirements. [Added 12-26-1979 by Ord. No. 1892]

(1) Interior lot.

(a) Minimum lot width: 90 feet.

(b) Minimum lot area: 12,000 square feet.

(2) Corner lot.

(a) Minimum lot area: 15,000 square feet.

(3) In all zones where any of the minimum requirements exceed the minimum requirements as hereinabove provided, the greater requirement shall be observed.

E. The property must front on a street classified as a minor or major collector or minor or principal arterial roadway. [Added 4-11-1990 by Ord. No. 2729-90]

§ 348-9.12. Home occupation.

Home occupation 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. There shall be no more than two employees other than the bona fide residents of the dwelling.

B. The portion of the dwelling utilized for the home occupation shall not exceed 50% of the first floor area of the dwelling.

C. The occupation shall be conducted entirely within the dwelling or within an accessory building or buildings.

D. No sounds shall be audible outside the building.

E. The property must front on a street classified as a minor or major collector or minor or principal arterial roadway. [Added 8-14-1991 by Ord. No. 2848-91]

§ 348-9.13. Boardinghouses and/or rooming houses.

Boardinghouses and/or rooming houses 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. The structure or use shall conform to all requirements for one-family dwellings in the zoning district, and the size of rooms shall meet air cubage requirements of the Board of Health.

B. Off-street parking facilities shall be provided on the premises in the rear and/or side yards, but not in the front yard, of not less than one parking space for each boarder or roomer and two parking spaces for the owner.

C. No structure or lot shall provide lodgings for more than three roomers or boarders.

D. The owner of the property shall have his place of residence in the same house.

§348-9.14. (Reserved)

§348-9.15. Hotels and motels.

Hotels and motels 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. Minimum lot area: one acre.

B. Minimum lot area per unit: 1,500 square feet.

C. Efficiency apartments may be permitted by the Planning Board, provided that the applicant satisfactorily demonstrates that they will be utilized primarily for transients.

D. Maximum lot coverage by buildings: 20%. [Amended 12-9-2003 by Ord. No. 3843-03]

E. Minimum unoccupied open space: 20%.

F. No building shall be located closer than 50 feet to any residential property line.

**Webmasters Note: The previous subsection has been amended as per Ordinance No.4164- 08.

G. Minimum number of units: 20.

H. No accessory building or parking area shall be located closer than 20 feet to a residential property line.

I. No additional parking shall be required for swimming pools, provided that the pools are not open for use by the general public but are primarily for use of the guests at the hotel or motel. Swimming pools shall otherwise be subject to the provisions of § 348-8.8 of this chapter.

J. The height of structures to be constructed may exceed the maximum height requirements of this chapter; provided, however, that the front, rear and side yard requirements forth above shall be increased by four feet for each foot by which the height of structures exceeds the maximum height which would be otherwise permitted by this chapter, and further provided that in no case shall any proposed structure exceed 50 feet in height.

K. The maximum length of stay shall be 30 days.

**Webmasters Note: The previous subsection has been added as per Ordinance No. 4164-08.

§ 348-9.16. Shopping centers.

Shopping centers 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. Minimum lot area: five acres.

B. Minimum front yard setback: 100 feet.

C. Minimum side and rear yard setback: 75 feet.

D. No accessory structure or parking area may be located closer than 50 feet to a residential property line.

E. Maximum lot coverage by buildings: 20%. [Amended 12-9-2003 by Ord. No. 3843-031

F. Minimum unoccupied open space: 20%.

G. (Reserved)

H. If located within the PRC-3 Planned Retirement Community Zone, the portion of the sit. utilized for the shopping center shall not exceed nine acres and shall have access to and frontage on New Hampshire Avenue. [Added 9-14-1982 by Ord. No. 2116]

§348-9.17. Veterinary clinics or hospitals or animal care facilities.

Veterinary clinics or hospitals or animal care facilities 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. Minimum lot size: one acre.

B. Minimum front yard setback, principal or accessory structures, including kennels, pens and runs: 100 feet.

C. Minimum side and rear yard setbacks, principal or accessory structures, including kennels, pens and runs: 50 feet.

D. No building or area used for kennels, pens or runs shall be located closer than 150 feet to any dwelling.

E. Sufficient space shall be provided indoors for all animals kept at the facility, and no animals may be kept out-of-doors between 9:00 p.m. and 7:00 a.m.

F. Detailed plans and proposals for sanitary sewage and solid waste disposal shall be submitted to the Planning Board.

G. Provisions shall be made for noise control which as a minimum shall include:

(1) Soundproofing of all enclosed structures.

(2) Noise baffles or dense screening and landscaping of all outside pens, kennels, cages and runs.

(3) Secondary buffer plantings between pens, kennels, cages and runs and any exterior property line buffer strip when required by the Planning Board.

H. All such facilities shall be licensed by and meet the requirements of any appropriate county, state or federal regulatory agencies.

I. The property must front on a street classified as a major collector or minor or principal arterial roadway. [Added 8-14-1991 by Ord. No. 2848-91]

§348-9.18. Quasi-public and private club recreation areas. [Amended 8-14-1991 by Ord. No.2848-91 ; 10-27-1993 by Ord. No. 300'9-93 ; 3-12-2002 by Ord. No.3674-02]

A. Quasi-public or private club buildings and recreation areas, including clubhouses, parks, playgrounds, golf courses, tennis courts, swimming pools, boat slips, docks and other such activities, 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:

(1) (Reserved)

(2) Minimum lot area: five acres.

(3) Maximum lot coverage by buildings and structures, including swimming pools: 20% of the lot area. [Amended 12-9-2003 by Ord. No. 3843-03]

(4) Minimum unoccupied open space: 25%.

(5) No building, structure, recreation area or parking area shall be located closer than 50 feet to a residential property line.

(6) The maximum membership limit of said organization shall be fixed at the time of application and shall be commensurate with the amount of land to be used and the exact nature of the use. No further expansion of said membership shall be made unless additional land is acquired and supplemental application is made to the Planning Board.

(7) Off-street parking requirements shall be determined by the the Planning Board, except that, where swimming pools are provided, the off-street parking requirements shall be not less than the requirement under § 348-8.8C, plus such additional parking as may be deemed necessary by the Planning Board.

(8) The property must front on and have access to a principal arterial roadway.

B. Notwithstanding the foregoing, all quasi-public or private club buildings and recreation areas, including clubhouses, parks, playgrounds, ballfields, golf courses, tennis courts, swimming pools, boat slips, docks and other such activities or accessory structures, located on municipal-owned, county-owned or state-owned land shall be permitted in all zones, provided that the use and/or structures shall adhere to the minimum standards of the particular zone.

§348-9.19. Commercial recreation activities. [Amended 8-9- 1983 by Ord. No.2189-83]

Commercial recreation uses, such as theaters, drive-in theaters, bowling alleys, skating rinks, miniature golf courses, driving ranges, amusement parks, dance halls, commercial swimming pools, arcades and amusement machines, coin-operated or otherwise, such as video and/or pinball machines, may be permitted as a conditional use in those areas specified, provided that the use and/or structure shall adhere to the minimum standards of the particular zone and the following:

A. No building, structure, active recreation area or parking area shall be located closer than 50 feet to any residential property line.

B. Unless elsewhere specified in this chapter, off-street parking requirements shall be determined by the planning Board.

C. Commercial swimming pools shall be subject to the provisions of § 348-8.8.

D. Maximum lot coverage by buildings and structures, including swimming pools: 20%.

[Amended 12-9-2003 by Ord. No. 3843-03]

E. Minimum unoccupied open space: 20%.

F. Notwithstanding the foregoing, no conditional use permit shall be required for the accessory use of five or less amusement machines, coin-operated or otherwise, including but not limited to video and/or pinball machines in any establishment, provided that the use of such five or less machines is clearly an accessory use in such establishment.

G. Notwithstanding the foregoing, no conditional use permit shall be required for the placement of over five amusement machines, coin-operated or otherwise, including but not limited to video and/or pinball machines in any establishment presently approved or used as a commercial recreation use, provided that such placement of said amusement machines is a secondary use.

§ 348-9.20. Farmers markets or auction markets.

Farmers' markets, auction markets and similar businesses 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. Minimum lot area: one acre.

B. No area utilized for outdoor sales shall be located closer than 50 feet to any residential property line and/or closer to any street or other property line than the requirements for the zone in which located.

C. All areas utilized for parking vehicles, including vehicles of concessionaires, shall be paved in accordance with the standards of this chapter.

D. The property must front on and have access to a principal arterial roadway. [Amended 10-27-1993 by Ord. No. 3009-93]

§ 348-9.21. Retail and office uses.

Retail and office uses may be permitted as a conditional use in the Industrial Zone, provided that the use and/or structures shall adhere to the minimum standards of the Industrial Zone and the following:

A. The retail or office use shall primarily service the uses or employees of the uses within the Industrial Zone; and/or

B. The retail or office use shall have an outlet for or be operated in conjunction with one or more of the uses located within the Industrial Zone.

§ 348-9.22. Administrative offices and research laboratories.



Administrative office buildings limited to the executive or administrative offices of industrial or business concerns and which are not normally involved in conducting business with the general public, and industrial research laboratories limited to experimental, research and testing laboratories at which products or goods are not produced for sale, may be permitted as a conditional use in those zones specified, provided that the use and/or structures adhere to the minimum standards of the particular zone and the following:

A. Minimum lot area: five acres.

B. Minimum lot width: 400 feet.

C. Minimum lot depth: 400 feet.

D. No building shall be located closer than 150 feet to any property line.

E. Maximum lot coverage by buildings: 10%. [Amended 12-9-21103 by Ord. No. 3843-03]

F. Minimum unoccupied open space: 50%.

G. No parking area or accessory structure shall be located closer than 50 feet to any property line.

H. The height of structures to be constructed may exceed the maximum height requirements of this chapter; provided, however, that the front, rear and side yard requirements set forth above shall be increased by four feet for each foot by which the height of the structure exceeds the maximum height which would be otherwise permitted by this chapter, and further provided that in no case shall any proposed structure exceed 50 feet in height.

I. The lot shall have frontage on and all access shall be from a principal arterial roadway. [Amended 10-27-1993 by Ord. No. 3009-93]

J. Research laboratories involving materials or processes that present inherent danger of fiire or explosion or which may provide objectionable odors or smoke shall not be permitted.