ORDINANCE NO. 208-08
AN ORDINANCE AMENDING THE VILLAGE NEIGHBORHOOD DISTRICT AND PROVISIONS IN CHAPTER XXXV ENTITLED “LAND USE REGULATIONS” OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF UPPER FREEHOLD, AS HERETOFORE SUPPLEMENTED AND AMENDED – AMENDS VN DISTRICT BY EXPANDING AND ADDING PERMITTED AND CONDITIONAL USES.
WHEREAS, the Township Committee previously adopted a Land Use Ordinance Section35-300 ZONING DISTRICTS and ZONING MAP, Section 35-400 ZONING REGULATIONS and 35-600 CONDITIONAL USES AND SPECIAL PROVISIONS; and
WHEREAS, The Upper Freehold Township Planning Board on December 13, 2007 adopted a new Land Use Plan; and
WHEREAS, The 2007 Land Use Plan recommended an expansion of the VN Village Neighborhood District in the vicinity of Hornerstown, and
WHEREAS, The 2007 Land Use Plan recommended the expansion of permitted uses in the VN District, and
WHEREAS, The 2007 Land Use Plan recommended the expansion of conditional uses in the VN District, and
WHEREAS, The Planning Board charged its Planner on March 13, 2008 to review the Land Use Plan and to present to the Board his recommendation on modifying and implementing said Plan, and
WHEREAS, The Board Planner on April 22, 2008 presented his findings to the Board, and
WHEREAS, The Board Planner concurred with the proposed expansion and most of the permitted and conditional uses, and
WHEREAS, the Township Committee at its meeting of July 17, 2008 discussed and agreed to advance the implementation of the Land Use Plan by way of changes to the Land Use Ordinance and
NOW THEREFORE BE IT ORDAINED by the Township Committee of the Township of Upper Freehold, in the County of Monmouth, and State of New Jersey, as follows:
Section 1 Section 35-303 Zoning Map of The Revised General Ordinances of the Township of Upper Freehold, as heretofore supplemented and amended, is hereby further amended to reflect the expansion of the VN District including Lots 8 through 14.01 in Block 56 and which are presently in the AR District as follows:
The boundaries of the zoning districts and the areas designated for the optional development alternatives are established on the "Zoning Map" of the Township of Upper Freehold, dated September 2008, which accompanies and is part of this Ordinance.
Section 2 Section 35-406 A of The Revised General Ordinances of the Township of Upper Freehold, as heretofore supplemented and amended, is hereby further amended to reflect the expansion of permitted uses in the VN District as follows
5 Professional Offices, including but not limited to, the offices of a physician, surgeon, dentist, minister, realtors, architect, accountant, engineer, attorney or other recognized profession
7 Personal Service Shops limited to beauty shops, barber shops, shoe repair shops tailor/seamstress shops, repair of appliances and electronic goods, travel agencies and hair salons.
13 Banks and financial institutions, including drive-through facilities.
14. Personal health, dance, gym and wellness facilities.
Section 3 Section 35-601 J Restaurants and cafes excluding fast-food and drive-through facilities of The Revised General Ordinances of the Township of Upper Freehold, as heretofore supplemented and amended, is hereby further amended to permit restaurants and cafes excluding fast-food and drive-through facilities as a conditional use as follows:
J. Restaurants and cafes excluding fast-food and drive-through facilities with the following conditions
1. Each application shall be accompanied by a certification from the Board of Health that the current septic system and water supply are adequate for the proposed use as a food preparation establishments.
2. No restaurants and cafes shall be operated on a lot which fails to meet the minimum lot size for the zoning district in which it is located.
3. Off-street parking
a. Restaurants and cafes shall provide parking at a ratio of one (1) parking space for every two (2) seats and one (1) space per 425 square feet for employee parking
b. No off-street parking in the front yard
c. See section 35-511 for other design requirements
4. See section 35-507 C, D, and I.
5. See section 35-501A
6. All other provisions and requirements for non-residential development in the VN district
Section 4 Section 35-601 K Bakeries and other food-preparation establishments open for retail trade with products sold directly from the premises to the public of The Revised General Ordinances of the Township of Upper Freehold, as heretofore supplemented and amended, is hereby further amended to permit bakeries and other food-preparation establishments open for retail trade with products sold directly from the premises to the public as a conditional use as follows:
K. Bakeries and other food-preparation establishments open for retail trade with products sold directly from the premises to the public with the following conditions:
1. Each application shall be accompanied by a certification from the Board of Health that the current septic system and water supply are adequate for the proposed use as a food preparation establishment.
2. No bakeries and other food-preparation establishments shall be operated on a lot which fails to meet the minimum lot size for the zoning district in which it is located.
3. Off-street parking
a. Bakeries and other food preparation establishments shall provide parking at a ratio of one (1) parking space for every 200 square feet
b. No parking in the front yard,
c. See section35-511 for other design requirements
6. See section 35-507 C, D, and I.
7. See section 35-501A
8. All other non-residential provisions in the VN district
Section 5 Section 35-601 L Healthcare and medical offices of The Revised General Ordinances of the Township of Upper Freehold, as heretofore supplemented and amended, is hereby further amended to healthcare and medical offices as a conditional use as follows:
L. Healthcare and medical offices with the following conditions:
1. Each application shall be accompanied by a certification from the Board of Health that the current septic system and water supply are adequate for the proposed use as a healthcare and medical offices.
2. No healthcare and medical office shall be operated on a lot which fails to meet the minimum lot size for the zoning district in which it is located.
3. Off-street parking
a. Healthcare and medical establishments shall provide parking at a ratio of one ( 1) parking space for every 250 square feet
b. No parking in the front yard,
c. See section35-511 for other design requirements
4. See section 35-507 C, D, and I.
5. See section 35-501A
6. All other non-residential provisions in the VN district
Section 6 Section 35-601 M Bed and Breakfast of The Revised General Ordinances of the Township of Upper Freehold, as heretofore supplemented and amended, is hereby further amended to healthcare and medical offices as a conditional use as follows:
M. Bed and Breakfast with the following conditions:
1. The principal use of the premises shall be a single-family residence. A bed and breakfast shall be operated only by the residents of the premises who have their principal domicile at the premises and shall be considered to be an accessory or subordinate use to the single-family residence.
2. No bed -and breakfast shall be operated on a lot which fails to meet the minimum lot size for the zoning district in which it is located.
3. Minimum number of off-street parking spaces: two off-street parking spaces for the principal domiciled resident household of the dwelling, plus one additional space for each room approved for use for guests.
4. Off-street parking spaces shall be permitted only in the side or rear areas of the property. No parking is allowed in the front yard area.
5. Off-street parking may be provided on a proximate property within 200 feet of the Bed and Breakfast property provided that there is conformance with all requirements herein.
6. Each application shall be accompanied by a certification from the Board of Health that the current septic system and water supply are adequate for the proposed use as a bed and breakfast, and a certification from the Construction Official that the building is in compliance with the provisions of Chapter 56, Building Construction, all other applicable township ordinances, the Uniform Fire Safety Act and the Uniform Construction Code Act and such other state statutes and regulations as may be applicable.
7. No more than five rooms shall be used as guest rooms for transient’s bed and breakfast, nor shall more than 12 persons be registered as guests of the bed and breakfast at any one time. Guest occupancy shall be limited to 21 consecutive days or not more than 21 days in any period of 24 consecutive days.
8. Bed and breakfasts shall provide breakfast for registered guests in the forenoon of each day, and no alcoholic beverages may be sold and no other meals may be served or sold to registered guests. No food or beverages of any kind shall be served or sold to the general public on the premises.
9. No cooking facility shall be allowed in any guest room.
10. No smoking shall be allowed in any guest room.
11. Bed and breakfasts shall be registered with the Bureau of Housing Inspection in the Division of Housing in the Department of Community Affairs.
12. All applicants shall be required to obtain a food handler's license.
13. No premises shall commence to be used as a Bed and Breakfast until after the issuance of a conditional use permit by the Planning Board review that the proposed use furthers the vision, goals and objectives of the Land Use Plan.
Section 7 Section 35-601 O Retail sales of convenience goods, groceries and foodstuff of The Revised General Ordinances of the Township of Upper Freehold, as heretofore supplemented and amended, is hereby further amended to permit Retail sale of convenience goods, groceries and foodstuff as a conditional use in the VN District as follows:
O. Retail sales of convenience goods, groceries and foodstuff with the following conditions
1. No building shall exceed five thousand (5,000) square feet of total floor area, exclusive of basements, half stories, and open porches.
2. Maximum lot size 0.5 acres
3. Must meet the area and yard requirements of Section 35-406 D
4. No merchandise, product, equipment or similar material or objects shall be displayed or stored outside.
5. All building walls shall be suitably finished for aesthetic purposes and shall be compatible in design and scale to the surrounding residential areas.
6. All buildings shall have a gable, hip, gambrel or mansard roof (or other dual pitched, single ridge roof), no flat roofs are permitted.
7. Each application shall be accompanied by a certification from the Board of Health that the current septic system and water supply are adequate for the proposed use as a food preparation establishments.
8. Off-street parking shall be provided at the ratio of one (1) parking space per two hundred (200) square feet of gross floor area or part thereof.
9. No parking is permitted within the front yard.
Section 8 This ordinance shall take effect immediately upon final adoption, publication and filing of said ordinance with the Monmouth County Planning Board, all in accordance with law.
Section 9 If the provisions of any Section, subsection, paragraph, subdivision or clause of this Ordinance shall be adjudged invalid by a Court of competent jurisdiction, such Order or Judgment shall not affect or invalidate the remainder of any Section, subsection, paragraph, subdivision or clause of this Ordinance, or any other Ordinance, which is referred to herein by reference and to this end the provisions of this Section , subsection, paragraph, subdivision or clause of this Ordinance, are hereby declared to be severable. Should any clause, sentence or other part of this Ordinance be adjudged invalid by a Court of competent jurisdiction, such Judgment shall not affect, impair or invalidate the remainder of this Ordinance.
Approved on First Reading:
Approved, Passed, and Adopted:
ATTEST: UPPER FREEHOLD TOWNSHIP
COMMITTEE
By: ______________________________ By: ______________________________
Barbara L. Bascom, RMC/CMC Steven J. Alexander
Business Administrator/Municipal Clerk Mayor