The following conditional uses are permitted subject to the provisions of Section 30-155:
a. Wireless telecommunications antennas and towers.
b. Church or house of worship. (Ord. No. 98-11 § 4; Ord. No. 2001-23 § 2; Ord. No. 2002-17 § 3; Ord. No. 2013-33)
No variance shall be required for bulk, design and buffer requirements on a lot developed with uses permitted under subsection 30-154.2, where the need for such variance is caused solely by a subdivision of such lot into two (2) or more for financing of such uses. A subdivision created for financing purposes shall include a subdivision to allow separate ownership of lots within an LIH-PUD development, or to allow separate liens on the subdivided lots even if such lots remain under one (1) owner, all in order to facilitate coordinated development of a site plan or site plans which are consistent with an approved General Development Plan. (Ord. No. 98-30 § IX)
NOTES
Decks and patios shall be subject to the provisions of subsection 30-154.7c,4 herein.
Windows shall be subject to the provisions of subsection 30-154.7c,5 herein.
1. The minimum distance between building shall be as follows:
(a) Windowless wall to windowless wall: thirty (30) feet.
(b) Window wall to windowless wall: forty (40) feet.
(c) Window wall to window wall:
(1) Front to front: sixty (60) feet.
(2) Rear to rear: fifty (50) feet.
(3) End to end: thirty (30) feet.
(4) Any building face to internal road or right-of-way: fifteen (15) feet except twelve (12) feet at a garage.
(5) Any building face to common parking area: twelve (12) feet.
2. The maximum height shall be three (3) stories or forty-five (45) feet. Any structure having more than one (1) story shall provide elevators.
3. No wall shall extend longer than seventy-five (75) feet along any plane before offset at least 8'.
Before any permit shall be issued for a conditional use, application shall be made to the Planning Board as the approving authority who shall grant or deny the application after public hearing within ninety-five (95) days of submission of a complete application to the administrative officer or within such further time as may be consented to by the applicant. Notice of the hearing shall include reference to all matters being heard, including site plan and/or subdivision or site plan simultaneously with the conditional use application. Failure of the approving authority to act within the required time period shall constitute approval of the application. (1976 Code § 78-9; Ord. No. 3-82; Ord. No. 85-12; Ord. No. 2002-17 § 4)
A conditional use is a permitted use only as specified by this chapter and may be granted in accordance with the standards and specifications of this section. No permit shall be issued for a conditional use unless an application is submitted to and approved by the Planning Board.
The standards and specifications of this section have been designed with the following guiding principles in mind: maintenance of the character and quality of established neighborhoods and zones throughout Holmdel Township: conservation of property values within the surrounding area; protection of the health and safety of residents or employees on adjacent properties; discouragement of roadway congestion and/or potential traffic hazards; and consistency with the goals and objectives of Holmdel Township Master Plan.
The standards and conditions set forth below are required to be met in order to receive Planning Board approval for specific conditional uses. In the event that any standard or condition conflicts with any other requirements of the Township of Holmdel Development Regulations Ordinance, the referenced standard shall be dispositive in determining compliance with a particular conditional use standard. A violation of any other requirement of the Holmdel Township Development Regulations Ordinance applicable to a conditional use which is not referenced in this section shall not be considered to be a violation of a conditional use standard, but shall instead be considered a violation of a bulk standard and shall be reviewed pursuant to N.J.S.A. 40:55D-70(c).
a. Public Utilities.
1. Public utility structures that provide direct utility services, but excluding offices, repair garages and similar commercial/industrial related uses of utility companies, shall be permitted in the R-40A, R-40B, R-11, R-15, R-30, R-30SC, R-TH, M, RL-40, OL-1, OL-2 and OL-3 Districts.
2. In the M District, public utility offices shall be permitted provided they comply with the bulk and design regulations for medical office buildings.
3. In the OL-1, OL-2 and OL-3 Districts, public utility offices shall be permitted provided they comply with the C1 District bulk and design regulations. Repair garages and other industrially-related uses of utility companies shall also be permitted within the OL-1, OL-2 and OL-3 Districts, provided they comply with the OL-3 District bulk and design regulations.
4. Site plans, specifications and a statement setting forth the need and purpose of the installation shall be filed with the Planning Board.
5. Proof shall be furnished that the proposed installation in a specific location is necessary and convenient for the efficiency of the public or private utility system or the satisfactory and convenient provision of service by the utility to the neighborhood or area in which the particular use is located.
6. The design of any structures within two hundred (200) feet of residential zones or uses shall be residential in character and shall emulate the style of adjacent residential areas in scale, height of buildings, facade materials and general structural treatment.
b. Wireless Telecommunications Antennas and Towers.
1. Applicants proposing to construct wireless telecommunications antennas shall present documentary evidence regarding the need for wireless antennas within the Township of Holmdel. This information shall identify the wireless network layout and coverage areas to demonstrate the need for such equipment within the Township.
2. Applicants proposing to construct wireless telecommunications antennas shall document the locations of all existing communications towers within Holmdel Township and surrounding area with coverage in the Township and shall provide competent testimony by a radio frequency engineer regarding the suitability of such tower locations in light of the design of the wireless telecommunications network. Wireless telecommunications antennas shall be located and approved in accordance with the following prioritized locations:
(a) The first priority shall be existing wireless communications towers, including those owned by Holmdel Township, within any nonresidential district in the municipality.
(b) The second priority shall be any other wireless communication towers located in Holmdel Township.
(c) The third priority shall be an existing building or structure located within a nonresidential district in Holmdel Township.
(d) The fourth priority shall be a new tower located within a nonresidential district in Holmdel Township.
3. An applicant proposing to erect a new wireless telecommunications tower shall provide documentary evidence that a legitimate attempt has been made to locate the antennas on existing buildings or structures. Such evidence shall include a radio frequency engineering analysis of the potential suitability of existing buildings or structures in the search for such antennas. Efforts to secure such locations shall be documented through correspondence between the wireless telecommunications provider and the property owner of any suitable existing buildings or structures. The Township reserves the right to engage such professionals as it may be required at the applicant's expense.
4. Wireless telecommunications antennas may be erected on existing towers, buildings or structures in accordance with the requirements established herein and an equipment compound may be constructed in support of such antennas consistent with the following requirements:
(a) Antenna arrays may be mounted on existing buildings or structures but shall not extend beyond the overall height of any such building or structure by more than ten (10) feet.
(b) An equipment compound consisting of no more than four thousand (4,000) square feet in area may be erected in support of such antenna arrays provided it is:
(1) Situated behind existing structures, buildings or terrain features which will shield the compound from public view on any side; or
(2) When a location out of public view is not possible, a year round visual barrier landscape buffer shall be provided on all sides of the compound open to public view, where practical. Landscaping shall include native evergreen trees at least eight (8) feet high at the time of planting and planted in staggered double rows at fifteen (15) feet on center, or equivalent and shall be reviewed by the Planning Board engineer and approved by the Shade Tree Committee.
(c) The equipment compound shall be situated within a fence at least seven (7) feet high as approved by the Township Engineer which shall not be of chain link and shall include a locking security gate. Where existing conditions present the functional equivalent of this requirement, the Township Engineer may allow for reasonable deviation therefrom.
(d) Antennas shall be suitably finished and/or painted only when necessary to be consistent with the color scheme of the building or structure on which they are mounted.
5. When an applicant to construct a wireless telecommunications tower demonstrates to the satisfaction of the reviewing agency that suitable locations on existing towers, buildings or structures either do not exist or are not available, the applicant may erect a new communications towers, according to the following requirements:
(a) Minimum lot size As required by the zone, but not less than three (3) acres
(b) Minimum setback of tower and equipment compound from any property line Two hundred (200) feet or two (2) times the height of the tower, whichever is greater
(c) Maximum tower height Three (3) or more vendors-one hundred forty (140) feet
Two (2) vendors-one hundred twenty (120) feet
(d) No wireless telecommunications towers shall be erected within one thousand (1,000) feet of any residential building unless intervening topography or vegetation permanently restricted from removal results in the tower being virtually obscured from sight from the residential building.
(e) Wireless telecommunications towers shall not be erected within two thousand five hundred (2,500) feet of any historic district or any historic site as designated or eligible for listing on the National and/or State Register of Historic Places.
(f) Wireless telecommunications towers may be permitted on municipal land or buildings upon approval by the Township Committee.
(g) Site plan details for wireless telecommunications towers shall include the site boundaries, tower location; existing and proposed structures, including accessory structures; existing and proposed ground-mounted equipment; vehicular parking and access; and uses, structures, and land use designations on the site and abutting parcels.
(h) A landscape plan shall be submitted which is drawn to scale generally showing proposed landscaping, including species type, spacing, other landscape features, and existing vegetation to be retained, removed or replaced.
(i) A Phase I Environmental report shall be submitted. In the event the Phase I report recommends a Phase II report, that report shall be submitted.
(j) A report from a qualified expert shall be submitted which contains the following:
(1) A description of the tower and the technical and other reasons for the tower design and height.
(2) Documentation to establish that the tower has sufficient structural integrity for the proposed uses at the proposed location and meets the minimum safety requirements and margins according to FCC requirements in their current adopted revision.
(3) The general capacity of the tower in terms of the number and type of antenna it is designed to accommodate.
(k) A letter of commitment by the applicant to lease excess space on the tower to other potential users at the prevailing rates and standard terms shall be submitted. The letter of commitment shall be recorded prior to issuance of a building permit. The letter shall commit the tower owner and successors in interest.
(l) Elevations of the proposed tower and accessory building shall be submitted which generally depicts all proposed antennas, platforms, finish materials, and all other accessory equipment.
6. Reserved.
7. Removal. Wireless telecommunications towers which are not in use for wireless telecommunications purposes for six (6) months shall be removed by the facility owner at its cost. This removal shall occur within ninety (90) days of the end of such six (6) month period. Upon removal, the site shall be cleaned, restored and revegetated to blend with the existing surrounding vegetation at time of abandonment. The facility owner shall post a bond prior to final approval to cover the costs of tower removal and site restoration. The size of the bond shall be calculated to account for cost escalations.
8. Collocation Required. Authorization for the construction for a new wireless telecommunications tower shall be conditioned on agreement with the tower owner that other wireless service providers will be permitted to collocate on the proposed tower within the limits of structural and radio frequency engineering requirements and at prevailing rates and standard terms which reflect the fair market price for such service within Monmouth County. As part of the application for tower approval, the applicant shall document the extent to which additional equipment could be mounted on the tower and the types of equipment which could be accommodated.
c. Nursing Homes.
1. Minimum lot area: five (5) acres.
(a) Minimum lot width 300 feet
(b) Minimum lot depth 300 feet
(c) Minimum front yard 150 feet
(d) Minimum side yard 100 feet
(e) Minimum rear yard 100 feet
(f) Maximum building height 30 feet
(g) Maximum building coverage 15%
(h) Maximum lot coverage 60%
(i) Maximum FAR 0.2
3. Minimum Off-Street Parking and Loading:
(a) One (1) parking space for every two (2) beds, with a minimum of twenty (20) spaces.
(b) One (1) loading space.
4. All parking areas shall be located at least fifty (50) feet from a street or residential zone or use, and twenty-five (25) feet from any other property line.
5. The exterior walls of all buildings shall be accessible for fire protection purposes.
6. A buffer with a minimum width of fifty (50) feet shall be provided where the property abuts a residential zone.
d. Veterinarian Offices.
1. In the M District, veterinarian offices shall not have any outside kennels and boarding facilities and shall comply with the following requirements:
(a) Minimum lot area 3 acres
(b) Minimum lot width 300 feet
(c) Minimum lot depth 400 feet
(d) Minimum front yard 100 feet
(e) Minimum side yard 50 feet
(f) Minimum rear yard 50 feet
(g) Maximum building height 30 feet
(h) Maximum FAR 0.2
2. In the B-1 and B-2 Districts, veterinarian offices shall be outpatient facilities without overnight retention of animals and without outside animal holding facilities and shall comply with the following requirements:
(a) Minimum lot area Forty-three thousand (43,000) square feet
(b) Minimum lot width One hundred fifty (150) feet
(c) Minimum lot frontage and depth Two hundred (200) feet
(d) Minimum front yard Fifty (50) feet
(e) Minimum rear yard Twenty-five (25) feet, except at least fifty (50) feet from a public street
(f) Minimum side yard Twenty (20) feet each, except at least fifty (50) feet from a public street
(g) Maximum building height Thirty (30) feet
(h) Maximum FAR 0.2
3. Maximum lot coverage: sixty (60%) percent.
4. Minimum off-street parking and loading:
(a) Five (5) parking spaces per examination room.
(b) One (1) loading space.
e. Residential Health Care Facility/Assisted Living Residence.
1. Maximum density: fifteen (15) units per acre.
2. Minimum lot size: ten (10) acres.
3. Minimum building setback from any property line: one hundred (100) feet.
4. Maximum lot coverage: thirty-five (35%) percent.
5. Maximum building height: thirty-five (35) feet/two and one-half (2 1/2) stories.
6. Minimum off-street parking and loading.
(a) Seventy-five one-hundredths (0.75) parking space per dwelling unit.
(b) One (1) loading space.
7. Access shall be from other than Bethany Road or Holmdel Road.
8. Accessory services as a group dining area and a convenience store for residents offering personal items such as stationery, drugs and personal hygiene items shall be permitted.
9. A buffer with a minimum width of fifty (50) feet shall be provided where the property abuts a residential zone.
f. Accessory Single-Family Residential Use.
1. A single-family residential use may occupy the same building as any of those uses allowed by right on the B-1 and B-2 Zones.
2. In one-story structures, the residential use shall not constitute more than forty (40%) percent of the gross floor area of the structure.
3. In two-story structures, the residential use shall be located on the second floor and may constitute up to one hundred (100%) percent of the gross floor area of the second floor.
4. Separate building entrances shall be provided for the residential and commercial uses.
g. Automobile Service Stations.
1. All storage areas, trash facilities, pits, lifts and working areas shall be within a building. All lubrication, repair or similar activities shall be performed in an enclosed building, and no dismantled parts, junk cars or unregistered cars shall be placed outside. No body work shall be permitted on the premises.
2. All gasoline pumps, air pumps and the islands upon which pumps are normally located shall be set back from the street right-of-way line at least twenty-five (25) feet; from a residential zone or use at least seventy-five (75) feet; and from any other property line at least fifty (50) feet.
3. Off-street parking shall be provided as follows: four (4) spaces per bay.
4. All storage tanks shall be installed below ground level.
5. A maximum of two (2) towing vehicles used for purposes incidental to the operation may be maintained on the premises and shall be garaged when not in use.
6. No service station shall operate a car, truck or trailer rental service or store such rental vehicles on the premises.
7. The sale of automobiles or other vehicles shall be prohibited on the premises.
8. No part of any service station shall be used for residence or sleeping purposes.
h. Fast Food Restaurants.
1. In the C-1 District, a fast food restaurant shall be permitted as part of a shopping center site with a minimum area of fifteen (15) acres.
2. The fast food restaurant shall be constructed as an integral part of the main building or complex of buildings and shall not be freestanding.
3. Vehicular access and parking areas shall be integrally related to the interior circulation and parking plans for the entire shopping center, and the fast food restaurant shall not have separate access to an abutting public street(s).
1. Motels and Conference Centers.
1. The minimum lot area shall be five (5) acres.
2. Side and rear yard setbacks: one and five-tenths (1.5) times the building height, but not less than fifty (50) feet.
3. All parking areas shall be located at least twenty-five (25) feet from a street or property line.
4. The exterior walls of all buildings shall be accessible for fire protection purposes.
5. Minimum motel off-street parking and loading shall be provided in accordance with subsection 30-146.6i.
6. Minimum conference center off-street parking and loading:
(a) One (1) parking space per four hundred (400) square feet of public meeting area.
(b) One (1) loading space for the first ten thousand (10,000) square feet of public meeting area, with one additional loading space for each additional fifty thousand (50,000) square feet of public meeting area.
7. No motel shall be permitted that has less than one hundred (100) rooms.
8. Motels and conference centers shall only be permitted on sites that have frontage on a State highway.
j. Office and Industrial Park Developments.
1. The minimum tract size shall be twenty (20) acres.
2. Tracts shall be developed with interior streets to prevent frontage on arterial and collector streets.
3. The average lot size in the park shall be not less than five (5) acres.
4. The minimum lot size shall be two and five-tenths (2.5) acres.
5. No lots of less than five (5) acres may be created by subdivision until a sufficient number of lots in excess of five (5) acres have been subdivided to maintain the minimum average lot size of five (5) acres, except that in any event, no more than one-half (1/2) the total number of resulting lots may be less than five (5) acres.
6. The minimum lot frontage, width and depth for parcels less than five (5) acres shall be two hundred fifty (250) feet, with minimum building setbacks of sixty-five (65) feet from all property lines, except a minimum setback of one hundred (100) feet from any residential zone line.
7. Maximum building height, maximum building coverage, maximum floor area ratio (FAR), maximum lot coverage and minimum off-street parking and loading shall conform to the requirements for same that have been established for the LIH District.
k. Specialty Vehicles Sales Establishments.
1. Only indoor sales shall be permitted.
2. All vehicles shall be stored or displayed inside the building.
3. Site lighting shall be shut down by 10:00 p.m.
4. Building height shall be limited to one (1) story and shall have a maximum height of fifteen (15) feet.
l. Church or House of Worship. A conditional use permit shall be granted provided that the following standards and specifications are met which apply in all zoning districts unless specified below:
1. The minimum lot area shall be four (4) acres and the minimum frontage shall be one hundred fifty (150) feet within a fifty (50) foot front yard setback, fifty (50) foot side yard setback and fifty (50) foot rear yard setback; the minimum width shall be one hundred fifty (150) feet.
2. All minimum required lot depth and building heights shall conform to those established in the underlying zoning district for the property. Church spires, belfries, or other architectural features shall not be considered when calculating building height.
3. Maximum lot coverage shall be twenty-eight (28%) percent in all residential zones.
4. No accessory building and/or structure, including parking lots shall be located within the front, rear and side yard areas.
5. The site shall have direct access to an arterial or collector roadway as defined in the Master Plan Background Studies.
6. Driveways shall cross the sidewalk at right angles; driveways shall be at least ten (10) feet from any side lot lines. Not more than two (2) driveways shall be permitted for each one hundred fifty (150) feet of street frontage.
7. Parking for all houses of worship shall be: one (1) parking space for each three (3) seats, or one (1) parking space for each seventy-two (72) inches of seating space when benches rather than seats are used. If there is another use onsite other than that required for religious purposes, the parking requirement for the additional use will be added to the total required number of parking spaces. Where no pews or seats are provided in a house of worship, the parking requirement shall be one (1) parking space for every twenty-four (24) square feet of floor area.
8. Buffers shall be provided in accordance with Section 30-54.
9. Signs are regulated as per Section 30-96.
10. All zoning requirements in the underlying zone of the property not specifically amended by this section shall be applicable to this conditional use.
11. It is the intent of this section, when incorporating the requirements/standards of the underlying zone, to establish that any deviation would require a variance under NJSA 40:55D-70(d). (Ord. No. 2002-17 § 4; Ord. No. 2010-12 § I; Ord. No. 2013-33)
