[Added 11-28-2011 by Ord. No. 23-2011]
A. For areas within the designated Downtown and Gateway Districts, the Planning Board shall not approve any conditional use application for any of the following uses under this chapter unless the following enumerated specific conditions have been met:
(1) Accessory Dwelling Unit.
(a) Limited to Accessory Building or Structure
(b) Not permitted on lots with Bank or Savings Institution use or Municipal use.
(2) Bank or Savings Institution.
(a) The bank or savings institution is to be located on the first floor, unless accessory to retail use where the institution may be located on an upper floor adjacent to retail use.
(b) Bank or savings institution use may not be accessory to Dwelling Units or Private School uses.
(3) Business Office.
(a) Business office uses may be located on any floor where permitted.
(b) For all districts, storage of Business Office waste materials and garbage shall be an enclosed container; such container shall be stored inside the main building or in a separately enclosed structure that will completely confine odors.
(c) Apron Shopfront, Special Industry and Strip Commerce buildings may have Business Offices as accessory uses to principal permitted uses.
(4) Commercial Parking (as Primary Use).
(a) Parking may be a primary use only if facility (surface lot or structure) is publicly owned.
(b) Commercial Parking anywhere will only be permitted if facility (surface lot or structure) is publicly owned.
(5) Day care (Downtown Zoning Districts).
(a) When conducted within a building type defined as Residential Structure, the use must:
i. Be accessory use to a principal residential use;
ii. Allow no more arrivals than permitted under New Jersey's Manual of Requirements For Child Care Centers 10:122-4.1-4 (permitted number of attendees related to staff requirements.)
(b) (Reserved)
(c) Have no more than one employee or associate who does not reside at the home.
(d) Provide a play area either at the home or at a suitable play area (public or owned by a homeowners association to which the residence belongs) located within 1,000 feet of the home that shall:
i. Be enclosed by a fence which allows air and light to penetrate it and be capable of containing each child using the area.
ii. Not be within a required building setback.
iii. Not be closer than 20 feet of any property line.
iv. Not be within a parking area.
v. Not conduct outdoor play activities before 8 a.m. or after 8 p.m.
(e) Parking areas and vehicular circulation patterns shall:
i. Enhance the safety of children as they arrive at and leave the facility.
ii. Include a designated pickup and delivery area, which may be a marked area within the public right of way, providing at a minimum one stacking space per 20 children, and located adjacent to the school structure in such a way that visitors may avoid walking across vehicular travel ways to enter or exit the center.
(f) Day care may not be an accessory use where Restaurant is the principal use.
(g) Where Day care is an accessory use, it must be compatible with the principal use in terms of hours of operation, noise, lighting, parking and similar considerations.
(h) The screening requirements for commercial properties shall be met.
(6) Funeral Parlors.
(a) Existing Funeral Parlors shall be permitted. All other Funeral Parlors shall be conditional.
(b) Funeral Parlors shall be on lots of no less than four acres.
(c) Storage and parking of funeral-related vehicles shall be an enclosed garage; garage can be located inside of and to the rear of the main building or in a separately enclosed structure.
(d) Parking shall be buffered from all adjacent properties by a 30-foot planted strip and adequate screening.
(e) Parking shall be located at the side or rear of the main building.
(f ) Parking shall be provided at a rate of one space per 25 square feet of floor area.
(g) Setbacks shall be no less than 50 feet in any direction for Funeral Homes in all building types.
(7) Gasoline Filling Station.
(a) Gasoline Filling Stations permitted in GW-2 only, subject to § 175-124.
(8) Home Occupations.
(a) Home occupations are only permitted as accessory uses to a principal residential use ("Owner Occupied").
(b) Off-street parking areas shall be provided, and shall preserve the character of the neighborhood by being located behind the principal structure.
(c) Additional conditions subject to § 175-108.
(9) Home Professional Office.
(a) A home professional office is only permitted as an accessory use to a principal residential use.
(b) Home professional offices are not permitted in GW-1 District
(c) Home professional office subject to § 175-109.
(10) Local Retail.
(a) If located in a Cottage House building, the residential character of the building type and the lot is to be maintained.
(b) Retail uses on ground floor; retail uses on upper floors permitted only with retail use directly underneath on next lower floor with exception of basement.
(11) Local Service.
(a) Local service uses on ground floor only.
(b) Storage of waste materials and garbage shall be an enclosed container; such container shall be stored inside the main building or in a separately enclosed structure that will completely confine odors.
(c) For activities involving odors a system to vent exhausts and odors shall be provided so that the exhaust and odor shall not offend or disturb nearby commercial or residential uses or intrude on any street, sidewalk or walkway. This shall include the requirement of filters or other technologically adequate means of eliminating odors from the exhaust. Such vents shall be interior and exit through the roof.
(12) Private School.
(a) School activities shall:
i. Be separated (including the restrooms) by a physical barrier from the remaining portion of the building in which it is located.
ii. If an accessory use, be compatible with principal use in terms of hours of operation, noise, lighting, parking and similar considerations.
(b) Parking areas and vehicular circulation patterns shall:
i. Enhance the safety of children as they arrive at and leave the facility.
ii. Include a designated pickup and delivery area, which may be a marked area within the public right of way, providing at a minimum one stacking space per 20 children, and located adjacent to the school structure in such a way that visitors may avoid walking across vehicular travel ways to enter or exit the center.
(c) The screening requirements for commercial properties shall be met.
(d) If an outdoor recreation area is provided, it must:
i. Be enclosed by a fence which allows air and light to penetrate it and be capable of containing each child using the area;
ii. Not be within a required building setback.
iii. Not be closer than 20 feet of any property line.
iv. Not be within a parking area.
v. Not conduct outdoor play activities before 8 a.m. or after 8 p.m.
(e) If food service is provided, it must:
i. Unless accessory to a restaurant (i.e. cooking school), be limited to food preparation for students and staff and cooking facilities will not be provided.
ii. (Reserved)
iii. Store waste materials and garbage in an enclosed container; such container shall be stored inside the main building or in a separately enclosed structure that will completely confine odors.
(13) Professional Office.
(a) Parking shall be buffered from adjacent residential uses by a ten-foot planted strip and adequate screening, and from adjacent residential office uses by a five-foot planted strip and screening.
(b) For professional offices that are accessory to Dwelling Units in Residential Structures, the residential character of the building type and the lot is to be maintained.
(c) Professional office use may not be accessory to Restaurant use.
(14) Restaurant.
(a) Storage of waste materials and garbage shall be an enclosed container; such container shall be stored inside the main building or in a separately enclosed structure that will completely confine odors.
(b) All cooking and food preparation shall be confined to the ground floor of any structure, except that storage may be in the basement.
(c) Restaurant services including dining, catering and office support may occur on any floor.
(d) No restaurant shall have in excess of 5,000 square feet of total floor area, exclusive of storage area.
(e) A system to vent cooking exhausts and odors shall be provided so that the exhaust and odor shall not offend or disturb nearby commercial or residential uses or intrude on any street, sidewalk or walkway. This shall include the requirement of filters or other technologically adequate means of eliminating oils, grease and odors from the exhaust. Such vents shall be interior and exit through the roof.
(f) Restaurant use is to be considered the principal use of any structure and not an accessory use.
(15) Single Family Residence.
(a) Single Family Residence in an Accessory Building shall follow Conditional Use requirements for Accessory Dwelling Units.
(16) Take-Out Restaurant.
(a) Storage of waste materials and garbage shall be an enclosed container; such container shall be stored inside the main building or in a separately enclosed structure that will completely confine odors.
(b) All cooking and food preparation shall be confined to the ground floor of any structure, except that storage may be in the basement.
(c) Restaurant services including dining, catering and office support may occur on any floor.
(d) No restaurant shall have in excess of 5,000 square feet of total floor area, exclusive of storage area.
(e) A system to vent cooking exhausts and odors shall be provided so that the exhaust and odor shall not offend or disturb nearby commercial or residential uses or intrude on any street, sidewalk or walkway. This shall include the requirement of filters or other technologically adequate means of eliminating oils, grease and odors from the exhaust. Such vents shall be interior and exit through the roof.
(f) Take-Out Restaurant use is to be considered the principal use of any structure and not an accessory use.
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