Recognizing that certain uses, activities and structures are necessary to serve the needs and provide for the convenience of the citizens of the Township of Jackson and, at the same time, appreciating the fact that they or any one of them may be or may become harmful to the public health, safety and general welfare of the community if located without due consideration to the 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 Planning Board 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 Planning Board 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 conditional use approval. In acting upon an application for conditional use approval, the Planning Board 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 reasonable consideration is afforded to the following:
(1) 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.
(2) The adequacy of proposed drainage facilities which will serve the use(s) and/or structure(s).
(3) The adequacy of plans for screening any adverse aspects of the use(s) and/or structure(s) from adjoining properties.
(4) The adequacy of proposed outdoor lighting.
(5) Compliance with the performance standards established in § 244-160.
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 standards of the zone in which located and 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 zoning district regulations.
Automobile repair shops may be permitted as a conditional use in the zoning districts specified, provided that the lot, use and structures shall adhere to the minimum area, yard and building requirements of the particular district and to the following:
A. No outdoor oil drainage pits or hydraulic lifts shall be permitted.
B. All repairs shall be performed in a fully enclosed building.
C. All vehicles awaiting repair or under repair which are stored out of doors shall be screened from the public by a solid fence and/or evergreen plantings, as required by the Planning Board.
D. No vehicle awaiting repair or under repair may be stored out-of-doors within the required front yard area, within 20 feet of any side or rear lot line or within 50 feet of any adjoining lot within a residential zone.
E. If gas pumps are proposed, § 244-111, referring to automobile service stations, shall also be applicable to automobile repair shops.
F. The storage of junk or dilapidated vehicles on the site shall not be permitted.
Automobile sales establishments for new and/or used cars may be permitted as a conditional use in the zoning district specified, provided that the lot, use and structures shall adhere to the following:
A. The property on which an automobile sales establishment is located shall conform to the lot requirements established in § 244-57D.
B. The leasing of automobiles is also permitted in conjunction with the selling of autos.
C. A buffer area, a minimum of 25 feet in width, measured from the street right-of-way, shall be provided along all such rights-of-way upon which the site has frontage. Said buffer area shall be planted with grass and low-growing shrubbery. Buffer areas, each a minimum of 25 feet in width, shall be provided on all the side and rear property lines of the site and shall be landscaped in accordance with the provisions set forth in § 244-193. Where the site of an auto sales establishment abuts a residential zoning district, the minimum width of the buffer area provided along the zone boundaries between the two districts shall be increased to 50 feet; this buffer area shall also be landscaped in accordance with the provisions set forth in § 244-193.
D. No vehicles shall be displayed, stored or parked within any buffer area.
E. All areas used for the display, storage or parking of vehicles shall be of a paved surface, which drains into a facility provided with an oil trap or similar device designed, intended and installed to prevent petroleum products from draining directly into the ground and/or a public drainage system.
F. No vehicles shall be displayed, stored or parked on any public street or within any public or private right-of-way or easement.
G. No facilities for vehicle body work shall be permitted on the site, except those facilities designed and intended for the preparation or maintenance of vehicles sold on the same premises and where such facilities are clearly incidental and subordinate to the principal use.
H. The delivery of autos shall take place on the premises and not on a public street or within a public right-of-way.
I. Off-street customer parking shall be provided in accordance with the provisions established as set forth in § 244-197.
J. All signs shall conform to the requirements set forth in § 244-207. No banners, flags, movable signs, flashing lights, rotating signs or similar devices shall be permitted.
K. All automobile sales establishments shall be subject to site plan approval, as set forth by this chapter.
Automobile service stations may be permitted as a conditional use in those zoning districts specified, provided that the lot, use and structures shall adhere to the minimum area, yard and building requirements of the particular district and the following:
A. The site plan shall show the number and location of fuel tanks to be installed, the dimensions and capacity of each storage tank, the depth the tanks will be placed below the ground, the number and location of pumps to be installed, the type of structures and accessory buildings to be constructed and the number of automobiles which are to be garaged.
B. Convenience shops may be permitted, provided that:
(1) They contain not more than 5,000 square feet of gross floor area; [Amended 8-13-2001 by Ord. No. 36-01]
(2) One additional parking space is provided for each 100 square feet of floor area devoted to the convenience shop; and
(3) The location and access for the convenience shop does not impede or interfere with vehicular circulation to and from fuel pumps.
C. All fuel pump islands shall be located at least 35 feet from all property lines.
D. All fuel tanks shall be installed underground.
E. No outdoor oil drainage pits or hydraulic lifts shall be permitted.
F. Any repair of motor vehicles shall be performed in a fully enclosed building. No parts or partially dismantled motor vehicle shall be stored out of doors.
G. Coin-operated service stations are not permitted.
H. No auto bodywork shall be permitted.
I. Illumination shall be such that no direct glare from the lights shall fall upon adjoining streets or properties.
J. The sale, rental or lease of new or used vehicles shall be prohibited.
K. A fifteen-foot-wide landscaped strip across the entire lot frontage shall be provided and shall be landscaped with grass or ground cover, as well as low-growing buffering shrubbery and shade trees in accordance with the provisions of § 244-193. Additionally, all areas of the lot not deemed necessary for the circulation or storage of automobiles, as determined by the Planning Board, shall be landscaped.
L. Outdoor solid waste disposal shall be properly screened and buffered.
M. Accessory goods for sale may be displayed on the pump islands and the building island only. The outside storage of oil cans and/or antifreeze and similar products may be displayed on the respective islands, if provided for in a suitable metal stand or rack.
Car washes may be permitted as a conditional use in those zoning districts specified, provided that the lot, use and structures shall adhere to the minimum area, yard and building requirements of the particular district and the following:
A. All mechanical activities shall be conducted within a completely enclosed building.
B. Wastewater from the use shall be discharged into the public sanitary sewer system. No on-site septic system or dry well shall be permitted.
Cemeteries and mausoleums for human internment may be permitted as a conditional use in those zoning districts specified, provided that the lot, use and structures shall adhere to the minimum area, yard and building requirements of the particular district and the following:
A. Grave sites shall be set back a minimum of 100 feet from any public right-of-way line and 50 feet from all other property lines.
B. Principal and/or accessory structures, including mausoleums, shall be set back a minimum of 200 feet from all property lines.
C. Parking requirements shall be determined by the Planning Board, and no parking shall be located closer than 100 feet to any public right-of-way.
Child-care centers, nursery schools and day-care centers may be permitted as a conditional use in those zoning districts specified, provided that the lot, use and structures shall adhere to the following:
A. A statement shall be submitted with the application setting forth the full particulars regarding the use, activities and building.
B. The minimum required lot area for the proposed use shall be one acre. Other lot and principle building bulk requirements for the respective zoning district of the proposed use shall prevail.
C. Accessory buildings shall be located no closer than 20 feet to the rear or side property lines. No accessory building shall be permitted within the required front yard setback or the front building line of the principle building, whichever is greater.
D. All interior facilities and areas to be used by the children shall be located on the principal entrance floor and any other level which is not more than 1/2 story above or below the finished grade at the location from which pedestrian access is provided to the building.
E. A minimum of 100 square feet per rated building capacity of outdoor space devoted to recreational use shall be provided and shall be entirely fenced or otherwise protected from hazards, traffic and driveways.
F. Basement areas shall not be utilized for child care, classrooms or recreational purposes.
G. All loading and unloading of children shall take place on site and not in the right-of-way of a public street.
H. No temporary or permanent residential dwelling facilities shall be provided in a child-care center, nursery school or day-care center.
I. The use shall be licensed by the Division of Youth and Family Services, New Jersey Department of Human Services.
Churches and places of worship may be permitted as a conditional use in those zoning districts specified, provided that the lot, use and structures shall adhere to the following:
A. The required minimum lot area shall be two acres.
B. The required minimum lot width shall be 200 feet.
D. No principal building shall be located closer than 100 feet to any public street right-of-way and no closer than 50 feet to any rear or side property line.
E. No accessory building or structure shall be permitted in any front yard, nor shall any accessory building or structure be located closer than 30 feet to any rear or side property line.
F. The maximum permitted building coverage shall be 25%.
G. The height of structures to be constructed may exceed the maximum height requirements of § 244-156 of this chapter; provided, however, that the front, rear and side yard requirements set forth above shall be increased by two 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.
H. The applicant shall submit a list of proposed activities and anticipated participants, a timetable reflecting the hours in which each building will be used and any other pertinent us es and activities intended to take place on the site.
I. Lots shall not have their primary frontage or access on a residential access or residential neighborhood street or any lower order street, as defined by the Residential Site Im provement Standards. [Added 12-23-2002 by Ord. No. 50-02]
J. Buffer requirements. [Added 12-23-2002 by Ord. No. 50-02]
(1) Perimeter buffer. A landscaped buffer shall be required around the entire length of side and rear property lines, except where access drives or other accessory features must, of necessity, traverse this reserved strip. The minimum landscape buffer widths shall be as follows:
(2) A required buffer shall be landscaped with trees, shrubs, and other suitable plantings for beautification and screening. Natural vegetation should be retained to the maximum degree possible. On those sites where no existing vegetation is present or existing vegetation is inadequate to provide screening, the applicant shall suitably grade and plant the required buffer area, such that this planting shall provide an adequate screen of at least six feet in height so as to continually restrict the view. A minimum on-center distance between plantings shall be such that upon maturity the buffer will create a solid screen. The buffer may be supplemented with a fence of solid material where necessary.
(3) Other site standards. The front yard, exclusive of walkways, pavilion areas, or driveways, shall be landscaped with grass, trees, shrubs, ground cover, flowers, existing vegetation, or any suitable combination thereof. Plantings shall conform, however, to restrictions on corner lot placement, in order to protect visibility.
A. Commercial recreation uses, such as 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 zoning districts specified, provided that the lot, use and structure shall adhere to the minimum standards of the particular zone and the following:
(1) No building, structure, active recreation area or parking area shall be located closer than 50 feet to any residential zone.
(2) Commercial swimming pools shall be subject to the provisions of § 244-216A.
B. Notwithstanding the foregoing, no conditional use permit shall be required for the accessory use of five or fewer 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 fewer machines is clearly an accessory use in such establishment.
C. 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.
Community shelters for victims of domestic violence housing between seven and 15 victims of domestic violence may be permitted as a conditional use in those zoning districts specified, provided that the lot, use and structure shall adhere to the minimum standards of the particular zone and the following:
A. All of the conditions set forth above in § 109-106, regarding community residences for the developmentally disabled, shall apply to community shelters for victims of domestic violence.
