(A) Warehousing, distributing and light industrial uses may continue to the same extent as they existed on January 1, 2006, under the regulations under which they received approval.
(1) Conditions of use.
(a) All facilities for the manufacturing of the product shall be contained within a building.
(b) No vibration shall be permitted beyond the building line.
(c) No noise greater than 70 dBa's, measured at the lot line, shall be permitted to be generated.
(d) No manufacturing process shall be permitted if it is noxious or offensive by reason of odor, dust, fumes, gas, smoke or radiation or that constitutes a public hazard by fire, explosion or other nuisance.
(e) No trucks or large vehicles may enter or exit or run idle on the property between the hours of 11:00 p.m. and 6:00 a.m. each day.
(2) Development requirements: All area and bulk requirements applicable to permitted uses shall apply to light manufacturing conditional use.
(B) Retail and service uses provided that no more than 50% of the total development may be used for retail and service uses.
(C) Continuing Care Retirement Community (CCRC) only where the same is designated as an overlay in the EIB-Economic Industrial Business Zone. The Continuing Care Retirement Community Conditional Use Overlay Zone is created in recognition of the need for adult retirement housing and specialized living and continuing care facilities and services for individuals over the age of 55.
(1) Conditions of use.
(a) Minimum lot size: five acres, with total tract size for a Continuing Care Retirement Community development being a minimum of 90 acres. However, the 90 acre minimum tract area and the 5 acre minimum lot size shall not prevent the development from proceeding in sections or phases.
(b) Maximum impervious surface coverage: 45%.
(c) Minimum setbacks (front, side and rear): 200 feet from the portion of any boundary line of a Continuing Care Retirement Community which is immediately adjacent to a residential zone boundary line in existence on December 30, 1998.
(d) Maximum height limitation: four stories but not to exceed 55 feet; provided, however, the maximum height may be increased to five stories but not to exceed 62 feet for buildings containing only Skilled Care Nursing Units and/or Assisted Living Units, and their respective accessory uses, if such buildings are no less then 1,700 feet from the nearest residential zone district in existence as of December 30, 1998 and are situated so as to have little, if any, impact on any adjacent residential communities and the total impervious coverage for the entire Continuing Care Retirement Community is 40% or less.
(e) Maximum density: 20 independent Apartment Units, Assisted Living Units, and Skilled Care Nursing Units per acre, calculated on a minimum of 90 acres, shall be permitted. The maximum density of Independent Apartment Units is 15 units per acre. There shall be no requirement that the Assisted Living Units and Skilled Care Nursing Units be actually constructed in any proportion to the Independent Apartment Units provided that the Continuing Care Retirement Community development applicant shall present a reasonable plan for construction of all aspects of the development upon completion at the time of initial application. "Density" shall be computed on an overall tract basis by dividing the total number of units proposed by the total tract area of the Continuing Care Retirement Community. The result is expressed as units per acre.
(f) Prior to the issuance of a zoning permit for each phase of a Continuing Care Retirement Community, the developer must submit proof to Township Solicitor that at least all previously completed phases and the phase for which the zoning permit is sought have been made subject to recorded deed restrictions which are acceptable to the Township Solicitor and incorporate the provisions of this § 152.153(E)(f) and specifically provide that no part of the property may be used for residential purposes other than as a Continuing Care Retirement Community whose residents must be persons age 55 or older, or, where the unit is to be occupied by a husband and wife, either the husband or wife is over the age of 55, and that no part of the property may be used as a permanent or temporary residence for any person under the age of 21 years of age, but this prohibition shall not limit the use of guest accommodations for visitors of residents of a Continuing Care Retirement Community. Any portion of a Continuing Care Retirement Community, whether or not subject to deed restrictions in accordance with this Subsection (vi), may only be developed either in accordance with such deed restrictions or in accordance with the underlying EIB-Economic Industrial Business Zone criteria.
(2) Development review requirements.
(a) Except as specifically provided in this § 152.143(D)(2) or in § 152.143(D)(1) above, as a condition of the CCRC conditional use, the bulk and development standards applicable to other uses in the EIB-Economic Industrial Business Zoning District shall be applicable to any development in the CCRC Overlay Zone. No part of the total development may be used or developed as a CRC overlay development.
(b) The minimum space between principal buildings in a Continuing Care Retirement Community shall be as follows:
1. A minimum of 75 feet between any principal structure and any other principal structure; provided, however, the minimum shall be 30 when such structures are physically connected by a fully enclosed pedestrian walkway.
2. The reviewing board, after due consideration of plans, testimony or other submission, may waive strict compliance with this subsection to further the architectural relationship of building groups.
(c) The minimum number of parking spaces for an entire Continuing Care Retirement Community shall be 0.9 spaces per Independent Apartment Unit and Assisted Living Unit, which shall be inclusive of all parking for staff, residents, visitors, Independent Apartment Units, Assisted Living Units, Skilled Care Nursing Units, and Continuing Care Retirement Community Accessory Uses. Americans with Disabilities Act (ADA) accessibility regulations shall be referenced for all parking lot designs.
(d) The required number of loading spaces for buildings where dining and recreation facilities are located and all buildings containing over 40,000 square feet of floor area, except for those buildings devoted principally to residential use, shall be one per building.
(e) All buildings may be connected by covered/enclosed walkways.
(f) As part of an overall development plan approval for a Continuing Care Retirement Community, interior lots may be created within a CCRC Overlay District and in such event the side yard, front yard and rear yard requirements generally applicable to the CCRC Overlay District shall not apply to any lot boundary, or any portion of a lot boundary, that is located adjacent to other lot(s) within the Continuing Care Retirement Community development. There shall be no prohibition against more than one building constructed on any one lot.
(g) To facilitate development of Continuing Care Retirement Communities in the CCRC Overlay District, the reviewing board shall apply the site plan and subdivision standards applicable to the development in such a way as to encourage and promote flexibility, economy and environmental soundness in design and layout, and the reviewing board shall require sufficiently detailed engineering information as is necessary at the time of any preliminary approval. Any development may take place in conjunction with an overall phasing plan approved by the reviewing board.
(h) As part of any preliminary site plan and/or subdivision approval for a Continuing Care Retirement Community, the reviewing board may, in its discretion, extend the vesting periods for such approval(s) for longer than three years, in accordance with N.J.S.A. 40:55D-49(d). As part of final site plan and/or subdivision approval granted for a Continuing Care Retirement Community, the reviewing board may, in its discretion; extend the vesting period for such approval(s) for longer than two years in accordance with N.J.S.A. 40:55D-52(b).
(i) Interior streets, parking areas, dwelling entrances, pedestrian walks and any recreation area which is to be used for any nighttime activity shall be provided with sufficient illumination. Only night security lighting shall be used in areas where night time activity does not occur. Off-site glare and light pollution shall be minimized using appropriate lighting designs and techniques.
(j) The following signs shall be permitted within the CCRC Overlay District in accordance with the following regulations:
1. One non-flashing and externally illuminated freestanding identification sign displaying the name of the Continuing Care Retirement Community, not to exceed 60 square feet in area, and located not less than 15 feet from the street which provides principal access.
2. Standard non-flashing directional signs.
3. Non-flashing building signs, not to exceed six square feet in area. Such signs shall indicate only the name and/or address of any such building.
4. Such other signs as the approving authority may in its discretion deem appropriate, provided that in no event shall there be permitted any such other sign which is of a flashing type or which is greater than 30 square feet in area or which is not compatible with the aesthetics of the project.
(k) All trash, garbage disposal, and recycling facilities shall be properly screened and landscaped, and plans shall be submitted as part of the development's site plan, showing the location and types of screening and landscaping thereof.
(l) All utilities servicing the development shall be located underground.
(m) No certificate of conformance may be issued by the Township Zoning Officer for any CCRC building unless and until the developer has submitted to the Township evidence of the financial stability of such developer, which shall be in the form of a copy of the Certificate of Authority for the CCRC, or the respective phase thereof, from the New Jersey Department of Community Affairs, or similar approval from any State or federal agency with jurisdiction for the approval and oversight of CCRC's in the State of New Jersey.
(n) Notwithstanding anything else contained in this subchapter, a Continuing Care Retirement Community must be completed and occupied in phases in conformance with New Jersey Department of Community Affairs requirements governing the payment of deposits and execution of contracts prior to occupancy.
(3) Accessory uses. Within a Continuing Care Retirement Community, any use reasonably necessary for, or incidental to, the operation of the facility or for the benefit or convenience of the residents and their guests including, but not limited to: kitchen and dining facilities, exercise and vocational rooms, places of worship, indoor and outdoor recreational buildings and uses including swimming pools, retail and banking facilities, beauty salons and barber shops, gift shops, classrooms, security facilities, conference rooms, common areas, guest rooms, administration, general, medical and other offices associated with the CCRC, postal center, pharmacy, maintenance facilities, hobby, craft and music rooms, library, computer and television rooms, and heating and cooling equipment structures, off-street parking, garages and loading areas as required for the use of occupants of the CCRC and are permitted, provided that the Continuing Care Retirement Community Accessory Use is for the use and benefit of the Continuing Care Retirement Community.
(D) New and used automobile sales and devices and leasing if the following conditions are met:
(1) Minimum lot size: 10 acres.
(2) Lot must front on a country or state road or highway.
(E) New and used truck and trailer sales, service and leasing if the following conditions are met:
(1) Minimum lot size: 10 acres.
(2) Lot must front on a county or state road or highway.
(F) A Comprehensive Retirement Community (CRC) Overlay applies only where a Continuing Care Retirement Community (CCRC) is designated as an overlay in the EIB-Economic Industrial Business Zoning District. The Comprehensive Retirement Overlay Zone is created in recognition of the need for housing for adults 55 years of age and older, but not needing the full complement of care facilities normally associated with CCRC's. The Comprehensive Retirement Community shall be provided in the form of single family detached or single family attached units only, and shall be subject to the approval procedures for General Development Plans ("GDP") set forth in § 156.024 below.
Retail, restaurant, office and service uses may be provided, however, no more than 10% of the total development area for the CRC use may be used for such uses. Such nonresidential uses must have frontage on an existing Principal Arterial, Minor Arterial Street, or Major Collector Street, as set forth in the Master Plan. The following uses are specifically prohibited in the CRC Overlay Zone: movie theaters, cinemas and arcades; fast-food and convenience stores; gasoline filling stations.
(1) Conditions of Use.
(a) Minimum lot size. The total tract size for a Comprehensive Retirement Community development shall be a minimum of 90 acres. However, the 90 acre minimum tract area shall not prevent the development from proceeding in sections or phases.
(b) Maximum impervious surface coverage. The maximum impervious surface coverage shall be 60% on a tract wide basis.
(c) Minimum setbacks (front, side and rear). The minimum setbacks shall be 100 feet from the portion of any boundary line of a Comprehensive Retirement Community development which is immediately adjacent to a single family detached home community, and 50 feet to any other boundary line. There shall be a 75 foot tract setback along existing principal arterial, minor arterial, or major collector streets.
(d) Maximum height limitation. The maximum height limitation shall be 35 feet for Comprehensive Retirement Community units, either single family detached or townhouse, and 35 feet for permitted nonresidential uses.
(e) Maximum density. A Comprehensive Retirement Community shall have a maximum density of 4.5 units per acre calculated on a minimum of 90 acres. "Density" shall be computed on an overall tract basis by dividing the total number of units proposed by the total tract area of the Comprehensive Retirement Community development. The result is expressed as units per acre.
(f) Prior to the issuance of a zoning permit for each phase of a Comprehensive Retirement Community, the developer must submit proof to the Township Solicitor that at least all previously completed phases and the phase for which the zoning permit is sought have been made subject to recorded deed restrictions which are acceptable to the Township Solicitor and incorporate the provisions of this § 152.143 (G)(1) and specifically provide that no part of the property may be used for residential purposes other than as a Comprehensive Retirement Community whose residents must be persons age 55 or older. Where the unit is to be occupied by a husband and wife, either the husband or wife shall be 55 years of age or older, and no part of the property may be used as a permanent or temporary residence for any person under the age of 18 years of age. The foregoing prohibition shall not limit the use of the property as guest accommodations for visitors of residents of a Comprehensive Retirement Community. Any portion of a Comprehensive Retirement Community, whether or not subject to deed restrictions in accordance with this section, may only be developed either in accordance with such deed restrictions, or in accordance with the underlying EIB - Economic Industrial Business Zoning District criteria.
(g) No part of the total CRC development may be used or developed as a CCRC overlay development.
(2) Development review requirements.
(a) Except as specifically provided in this § 152.143(G)(1) or in § 152.143(G)(2), above, as a condition of the Comprehensive Retirement Community conditional use approval, the bulk and development standards applicable to other uses in the EIB - Economic Industrial Business Zone shall be applicable to any development in the Comprehensive Retirement Community Overlay Zone.
(b) The minimum number of parking spaces for a Comprehensive Retirement Community shall be 2 spaces per unit. Americans with Disabilities Act accessibility regulations shall be referenced for all parking lot designs. Parking for nonresidential uses shall be provided in accordance with § 150.16(A).
(c) The required number of loading spaces for buildings containing over 40,000 square feet of floor area shall be one per building.
(d) To facilitate development of a Comprehensive Retirement Community, the reviewing board shall apply the site plan and subdivision standards applicable to the development in such a way as to encourage and promote flexibility, economic and environmental soundness in design and layout, and the reviewing board shall require sufficiently detailed engineering information as is necessary at the time of any preliminary approval. Any development may take place in conjunction with an overall phasing plan approved by the reviewing board.
(e) As part of any preliminary site plan and/or subdivision approval for a Comprehensive Retirement Community, the reviewing board may, in its discretion, extend the vesting periods for such approval(s) for longer than three years, in accordance with N.J.S.A 40:55D-49(d). As part of final site plan and/or subdivision approval granted for a Comprehensive Retirement Community, the reviewing board may, in its discretion, extend the vesting period for such approval(s) for longer than two years in accordance with N.J.S.A 40:55D-52(b).
(f) Interior streets, parking areas, dwelling entrances, pedestrian walks and any recreation area which is to be used for any nighttime activity shall be provided with sufficient illumination. Only night security lighting shall be used in areas where night time activity does not occur. Off-site glare and light pollution shall be minimized using appropriate lighting designs and techniques.
(g) The following signs shall be permitted in a Comprehensive Retirement Community in accordance with the following regulations:
1. One non-flashing and externally illuminated freestanding identification sign displaying the name of the community, not to exceed 60 square feet in area, and located not less than 15 feet from the street which provides principal access.
2. Standard non-flashing directional signs.
3. Non-flashing building signs, not to exceed six square feet in area. Such signs shall indicate only the name and/or address of any such building.
4. Such other signs as the approving authority may in its discretion deem appropriate, provided that in no event shall there be permitted any such other sign which is of a flashing type or which is greater than 30 square feet in area or which is not compatible with the aesthetics of the project.
(h) All trash, garbage disposal, and recycling facilities shall be properly screened and landscaped, and plans shall be submitted as part of the development's site plan, showing the location and types of screening and landscaping thereof.
(i) All utilities servicing the development shall be located underground.
(j) The following accessory uses shall be permitted: garages, recreational buildings and facilities for the sole use of the Comprehensive Retirement Community and guests, off-street parking, maintenance/equipment buildings for common areas, gatehouses, invisible fences. Individual storage sheds and swimming pools are not permitted accessory uses on any individual lot in the Comprehensive Retirement Community Overlay Zone.
(k) Decks and patios shall be permitted only within the buildable area.
(G) Adult uses.
(1) Purpose. These regulations are adopted in furtherance of all of the public purposes of municipal zoning and planning, including, but not limited to, guiding the appropriate use and development of the Township in a manner which will promote the public health, safety, morals and general welfare, and in order to meet the needs of citizens of the Township, while maintaining the quality and character of the Township and deterring the growth and spread of blight and crime (especially prostitution, sexual offenses, public indecency, and related offenses). It is recognized that there are some uses commonly known as "adult" uses which, because of their very nature, are recognized as having serious objectionable operational characteristics, particularly when those uses are located near residential areas or in other inappropriate locations, or without sufficient showing that those uses in a specified location will comply with the conditions and standards for the location and operation of those uses. Therefore, special regulation of these objectionable adult uses is deemed necessary to ensure that adverse effects will not contribute to the blighting or downgrading of the Township. In no way is the fact that the Township regulates any or all of the adult uses described herein, or prohibits or allows them in the various locations to be construed as approval of or condoning of those uses.
(2) No lawful adult use shall be located within 1,000 feet of any residential district, single-family or multifamily dwelling; within 1,000 feet of any existing house of worship; within 1,000 feet of any religious, charitable or nonprofit institution, public community center, park, playground, recreation center, or similar use; within 1,000 feet of any premises licensed for the sale or distribution of alcoholic beverages; or within 1,000 feet of any public or private school, nursery or childcare center. The foregoing distance limitations shall be measured by a straight line drawn from the nearest point of the lot boundary on which the proposed adult use is to be located to the nearest point of the lot or district boundary, as the case may be, of the other use of district, and those uses, district boundary lines and dimensions shall be indicated on the submitted site plan. No permitted adult use shall be located within 1,000 feet of any existing residential use or residential zone in the township or in any contiguous municipality.
(3) Adult uses in buildings having a capacity of 50 or more persons are excluded from all zones.
(4) Off-street shall be provided in accordance with Chapter 154.
(5) Signs shall meet the requirements specified for the zones described herein, and various zoning districts shall not be construed as approval of or condoning of those uses.
(6) Signs shall meet the requirements specified for the EIB District for commercial uses, additionally, no "specified anatomical areas" or "specified sexual activity" shall be shown, described or depicted on any signs, advertisements, displays or exhibits that are visible from outside the building.
(7) The interior of the adult use building shall be designed so that no interior contents of the building are visible at any time from the outside through windows, door openings or in any other manner.
(8) The interior of any building in which an adult use is located shall be adequately lighted and shall be constructed so that every portion thereof is readily visible without obstruction to the clerk or other person in charge of the building from the counter, booth, cash register or other place where the person is normally stationed.
(9) All other applicable requirements of the EIB District and of the zoning and development ordinances of the Township shall be met.
(10) Hours of operation shall not be earlier than 9:00 p.m. nor later than midnight, prevailing time, on weekdays and no operation shall be permitted on Saturdays and Sundays.
(Ord. 945-99, passed 9-13-99; Am. Ord. 11-2000, passed 4-24-00; Am. Ord. 21-01, passed 10-9-01; Am. Ord. 25-01, passed 12-10-01; Am. Ord. 85-06, passed 4-24-06; Am. Ord. 90-06, passed 7-24-06)