§211-115 (Reserved)

§211-116 Public garages and gas filling stations

The following requirements shall be met in all cases where gasoline filling stations are permitted in a Business District as a special exception

A. Minimum lot dimensions shall conform to those required in Business Zones, that is, forty thousand (40,000) square feet as the minimum lot area and two hundred (200) feet as the minimum lot width

B. Minimum building setback from a front street line shall be one hundred (100) feet, all pump islands shall set back a minimum of thirty (30) feet from any street line Minimum width of each side yard shall be thirty (30) feet On corner lots, the side street setback line shall conform to that existing or required on the side street; minimum rear yard depth for service stations shall be fifty (50) feet

C. In the event the property lines adjoin an existing residential or garden apartment zone, buffer areas shall be provided in accordance with business zone buffer area requirements

D. Landscaping strips of a minimum width of ten (10) feet shall be provided along the front street line and along the side lines; all garbage receptacles or other outside appurtenances shall be screened by means of adequate landscaping or fencing

E. All landscaped areas shall be curbed with either concrete or granite block curbing

F. One (1) customary freestanding advertising sign shall be permitted for each street frontage That sign shall be of the standard size and shape for the particular oil company involved, except that no such sign shall exceed fifty (50) square feet in area. Said sign shall set back a minimum of twenty- five (25) feet from the street line. One (1) promotional sign, not larger than three (3) feet wide by five (5) feet high, shall be permitted for each street frontage. Location of said sign shall be established by the Planning Board (The provisions of this subsection shall not apply to signs required by the Motor Vehicle Tax Bureau or other agency of the State of New Jersey )

G. Parking on the site shall be limited to those vehicles of employees, those which are involved in repairs or servicing at the station and those commercial vehicles accessory and necessary to the operation of the service station No other parking shall be permitted

H. No public garage repair space shall have an opening in roof or walls less than fifteen (15) feet from a property line or street line No public garage, private garage accommodating more than five (5) cars or gas filling station shall have an entrance closer than two hundred (200) feet to an entrance to a public or private primary, elementary or secondary school, theater, church, public park or playground or fire station

I. No gasoline filling station shall hereafter be erected at a distance of less than four thousand (4,000) feet from an already existing gasoline station or other gasoline filling station to be built, such distance to be measured from property line to property line, provided, however, that this restriction shall not apply to stations located along opposite side lines of a dual highway with traffic lanes divided by a permanent median strip

J. Vehicles awaiting repairs shall be stored on premises for a period not to exceed thirty (30) days. The operator of the service station facility shall maintain a daily log to insure that this time frame is not exceeded. In no event may an unregistered vehicle be stored on the premises at any time. Nothing contained herein shall apply to a licensed auto body repair facility.

**Webmasters Note: The previous subsection has been added as per Ordinance No. 79-2003.

K. No paint shop or bodywork shop shall be allowed

§211-117 Automobile laundries (carwashes)

The following requirements shall be met in all cases where automobile laundries (car washes) are permitted in a Business District as a special exception

A. Minimum lot dimensions shall conform to those required in business zones, that is, forty thousand (40,000) square feet as the minimum lot area and two hundred (200) feet as the minimum lot width

B. Minimum building setback from front street line, side lines and rear line shall conform to those required in a business zone, that is, as set forth in § 211-65

C. In the event the property lines adjoin an existing residential or garden apartment zone, buffer areas shall be provided in accordance with business zone buffer area requirements

D. Landscaping strips of a minimum width of ten (10) feet shall be provided along the front street line and along the side lines, all garbage receptacles or other outside appurtenances shall be screened by means of adequate landscaping or fencing

E. All landscaped areas shall be curbed with either concrete or granite block curbing

F. Parking on site The following parking places shall be provided and satisfactorily maintained by the owner of the property

(1) Entrance lanes, ten (10) spaces per lane for each lane at the entrance to the automobile laundry structures

(2) Exit lanes, four (4) spaces per lane for each lane at the exit of the automobile laundry structures

(3) Employees, one (1) space for each employee

(4) Additional spaces The Planning Board may require additional spaces if the same is deemed necessary upon review of testimony, site plans, maps and other evidence submitted in support of the application for a special exception

G. All operations, including but not limited to washing and drying, shall be conducted within the structure, provided, however, that the lining up and waiting of vehicles may take place outside the said structure but only within the confines of the proposed site

H. (Reserved)

I. All automobile laundries shall tie directly into a municipal sanitary or storm sewer and must first receive approval of the health officer and any agency of the state or county having jurisdiction over the treatment of the effluents created by the automobile laundries

J. All provisions, standards and requirements for Business Districts, except as herein modified, shall be applicable to automobile laundries

K. No special exception shall be favorably acted upon by the Planning Board unless it shall first deem that the proposed automobile laundries can be conducted at the proposed site and as depicted on the site plan without causing undue traffic congestion or affecting, in a deleterious manner, the flow of traffic on the public streets adjacent to the proposed use

§211-118. Fire escapes and height exceptions

Nothing herein contained in this chapter shall prevent the projection of an open fire escape or stairway into a rear or side yard for a distance not exceeding eight (8) feet nor restrict the height of a church spire, belfry, clock tower, radio tower, chimney flue, water tank, elevator bulkhead, stage tower, scenery lift or similar structure

§211-119 Nonconforming uses

A. A nonconforming building or use may be continued but may not be extended or added to No nonconforming building or use in a residence district shall be changed to a building or use prohibited in a Business District, and no nonconforming use in a Business District shall be changed to a use prohibited in an Industrial District

B. A nonconforming activity, use, structure or lot may not

(1) Be enlarged or extended

(2) Be changed to another use, activity, structure or lot size that is nonconforming

(3) Revert to nonconformity after having once been made conforming

(4) Be reinstated if the activity or use is discontinued for a period of twelve (12) consecutive months, regardless of the intent to abandon,

(5) Be restored in case of destruction, provided that this restriction shall not be construed to prohibit restoration or repair of a nonconforming structure in the event of partial destruction

C. Notwithstanding the foregoing provisions of Subsection B, a nonconforming activity use or structure within the Business District consisting of retail merchandising or services dealing directly with the consumer, except the operation of junkyards and used car lots, may be enlarged or extended or may be reinstated if it is discontinued for a period in excess of twelve

(12) consecutive months, unless it has been changed to a conforming use during such period, or may be restored in case of destruction regardless of the magnitude of the destruction, provided that such enlargement, extension or restoration complies with all other applicable provisions of this chapter.

§211-120 Permanence of yards and other required open space

No space applied or necessary under this chapter to satisfy the yard requirements in relation to any building shall be counted as part of a yard or other required open space in relation to any other building

§211-121. Dwelling in rear of building.

No building to be used for a Dwelling shall be constructed or altered in the rear of a building situated on the same lot No building other than an accessory building shall be constructed or placed in front of a Dwelling situated on the same lot However, the foregoing provisions of this section shall not prevent the construction and maintenance of Dwelling quarters within an accessory building at the rear of a lot when the persons occupying such quarters are employed in domestic service upon the premises

§211-122 Classification of boundary lots

When a district boundary line divides a lot held under a single ownership and existing at the time of enactment of this chapter, a permit may be issued allowing the extension of a building or use permitted in the less restricted district into the lot so divided for a distance not to exceed thirty-five (35) feet

§211-123 Temporary permits

Temporary permits may be authorized by the Zoning Officer for a period not exceeding one (1) year for nonconforming uses incidental to housing or construction projects, including such structures and uses as the storage of building supplies and machinery and a real estate office located on the tract being offered for sale. Such permits shall be issued only upon agreement by the owner to remove the structure or structures upon expiration of the permit. Such permits may be annually renewed at the discretion of the Zoning Officer, over a period in the aggregate not to exceed three (3) years.

**Webmasters Note: The previous section has been amended as per Ordinance No. 31-2004.

§211-124, Telephone booths

Nothing contained in this chapter shall be construed to prohibit the installation of an outside public telephone booth when the location and construction thereof has been approved by the Municipal Council upon formal application

§211-125 Professional business or office center in Special Business District.

A.professional business or office center may be permitted by the Planning Board for any tract of land not less than ten (10) acres in area in a Special Business District, subject to the following provisions

A. Individual plots shall have a minimum lot area of twenty-five thousand (25,000) square feet and a minimum lot width of one hundred fifty (150) feet

B. The maximum lot coverage shall be twenty-five percent (26%)

C. The maximum building height shall be two and one-half (2 1/2) stones

D. Front yards shall have a minimum depth of thirty-five (35) feet on all interior streets.

E. Buffer strips shall be provided along all exterior property lines of the center, such strips to have a width of not less than fifty (50) feet where the property abuts any residence district and not less than ten (10) feet in width along other exterior property lines. These areas shall be effectively planted and maintained so as to allow adequate screening of view, noise and other activity taking place in the development

F. All other yard and area provisions shall be reviewed by the Planning Board so as to ascertain that, in its judgment, the proposed buildings will not adversely affect uses of buildings on adjoining lots

G. All interior streets shall have a minimum right-of-way width of sixty (60) feet with a minimum paved width of forty (40) feet.

H. All parking in the center shall be off the street and shall be provided on each individual premises. A minimum of one (1) parking space for each three hundred fifty (350) square feet of gross floor area shall be provided, and no parking area shall be located Lo any front yard or in any side yard along a public street or highway. Each parking area shall be paved and served by its own paved exit and entrance drive

I. (Reserved)

J. No portion of any building shall be used for Dwelling purposes