The purpose of this article is to set forth
the requirements and procedures applicable to conditional uses in
accordance with N.J.S.A. 40:55D-67. A conditional use shall not be
approved for any site unless the use is specifically approved as a
conditional use in the zone for which it is proposed.
The Planning Board shall not approve any conditional
use application for any use under this chapter unless the following
general conditions have been met:
A.
Notice of the application has been given, and publication
made, pursuant to N.J.S.A. 40:55D-12.
B.
If the lot, or any portion thereof, for which the application for a conditional use is made is in the Historic District (as set forth in Article VI of this chapter), the requirements of the Historic District section of this chapter have been met.
C.
The information required pursuant to § 135-74 for a minor or major site plan application, as appropriate, including a written statement addressing each of the applicable conditional use requirements, has been submitted and the requirements for the conditional use and site plan review have been met; provided, however, that a site plan may be waived in accordance with § 135-68A.
[Amended 5-9-2017 by Ord.
No. 2017-06]
D.
The parking required by this chapter for the proposed conditional use is located on the lot for which the application is made or on a contiguous lot which must be subject to a covenant running with the land reserving that parking for the proposed conditional use. Except for restaurants which otherwise meet the conditional use requirements of § 135-65.1B, parking must also comply with the requirements of § 135-86.
[Amended 5-9-2017 by Ord.
No. 2017-06]
[Amended 3-8-1994 by Ord. No. 1692A; 7-23-2002 by Ord. No. 1825, effective 9-15-2002; 4-27-2004 by Ord. No. 12-2004; 7-27-2004 by Ord. No.
20-2004; 6-10-2008 by Ord. No. 2008-13]
For areas outside of the designated downtown zoning 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:
A.
Private school:
(1)
The minimum lot size shall be 40,000 square feet.
(2)
The maximum floor area ratio shall be 40%.
(3)
The maximum lot coverage shall be 20% for structures and 40% for
all impervious surfaces.
(4)
No active recreational area shall be located within 20 feet of any
property line, nor in front of the front yard setback line.
(5)
The screening requirements for commercial properties shall be met.
B.
House of worship:
C.
Professional office and dwelling unit:
(1)
One professional office and one dwelling unit may be permitted in
existing structures having less than 2,000 square feet (excluding
basement area) and two professional offices, and two dwelling units
may be permitted in structures having more than 2,000 square feet
(excluding basement area).
(2)
No professional office use shall be permitted on any floor other
than the ground floor of any structure.
(3)
Parking shall be in accordance with the requirements of this chapter
for a professional office use only.
(4)
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.
(5)
The residential character of the structure and the lot shall be maintained.
(6)
No exterior alterations or additions to the structure shall be allowed
except for purposes of sanitation or safety.
E.
Service stations:
(1)
The minimum lot size shall be 30,000 square feet.
(2)
The maximum lot coverage shall be 30% for structures and 80% for
all impervious surfaces.
(3)
Frontage of no less than 150 feet shall exist on a county road or
state highway.
(4)
No retail sales other than of automotive-related products or beverages,
cigarettes and snacks shall be permitted.
(5)
Automatic firesafety systems shall be installed at all pumps.
(6)
A traffic study shall be provided prior to approval as a conditional
use showing the impact of the use, and the applicant shall be responsible
for paying the proportional share of the cost of any off-site improvement
which is reasonably required to handle the traffic generated by or
using the facility.
F.
Bank or savings institution:
(1)
The minimum lot size shall be 30,000 square feet.
(2)
The maximum lot coverage shall be 30% for structures and 80% for
all impervious surfaces.
(3)
A traffic study shall be provided prior to approval as a conditional
use showing the impact of the use, and the applicant shall be responsible
for paying the proportional share of the cost of any off-site improvement
which is reasonably required to handle the traffic generated by or
using the facility.
(4)
The lot shall be located on a county road or state highway, and if
drive-up facilities are to be provided, shall also be located on or
have access to another public street.
H.
Nonprofit swimming club and/or tennis club facility or theatrical
group facility:
(1)
All new facilities or changes to an existing facility, including
structural, areas of use, parking, landscaping, fencing, drainage,
etc., requires site plan review and approval by the Planning Board.
(2)
No buildings and structures of any kind may be located within 25
feet of a residential one boundary unless approval has been granted
as a bulk (C) variance.
I.
Senior citizen housing, which is defined as housing designed and
constructed as an age-restricted project where at least one resident
of any unit must be 62 years of age or older, and all additional residents
of the same unit must be 55 years of age or older, except that the
spouse of the sixty-two-year-old individual may be younger than 55
years of age.
(1)
Senior citizen housing use is only permitted on property within the
R-7 Zone that is within 500 feet of a downtown zoning district.
[Amended 6-9-2009 by Ord. No. 2009-12]
(2)
The minimum lot size shall be 1.5 contiguous acres.
(3)
The maximum number of units allowed for each shall be 40 units of
residential housing per acre.
(4)
The lot shall have 100 feet frontage on a public street.
(5)
Any structure for such senior citizen use shall meet the following
setback, height, coverage and unit size regulations:
(a)
Minimum 30 feet front yard.
(b)
Minimum 20 feet each side yard.
(c)
Minimum 20 feet rear yard.
(d)
Maximum height: 35 feet (measured from the highest point that
the natural grade meets the building).
(e)
Maximum three stories high.
(f)
Maximum building coverage of 35% of lot.
(g)
Maximum impervious coverage of 50% of lot.
(h)
Minimum unit size of 600 square feet.
(6)
Parking areas shall provide for a minimum of 0.75 (3/4) parking spaces
per residential housing unit.
(7)
The site and parking shall be buffered as follows:
(a)
From adjacent residential uses by either a planted strip of
at least 10 feet and adequate screening, or by a solid fence placed
along the property line plus a planted strip of at least five feet.
(b)
From adjacent nonresidential uses by a planted strip of at least
five feet, plus either adequate screening or a solid fence placed
along the property line.
(8)
At least 50% of the units shall be deed-restricted to occupancy by
households with incomes defined as low or moderate by the New Jersey
Council on Affordable Housing (or its successor), for a period of
not less than 30 years.
[Added 6-10-2008 by Ord. No. 2008-13]
For areas within the designated downtown zoning 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:
A.
Private school (downtown zoning districts):
(1)
School activities shall:
(a)
Be located on the first floor of a principal structure. School
activities on upper floors are permitted only with school activities
directly underneath on next lower floor with exception of basement.
Basement may be used for storage and utilities.
(b)
Be separated (including the restrooms) by a physical barrier
from the remaining portion of the building in which it is located.
(c)
If an accessory use, be compatible with principal use in terms
of hours of operation, noise, lighting, parking and similar considerations.
(2)
Parking areas and vehicular circulation patterns shall:
(a)
Enhance the safety of children as they arrive at and leave the
facility.
(b)
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.
(3)
The vehicular access shall not be located on a county road or
a state highway. A traffic study shall be provided prior to approval
as a conditional use showing the impact of the use, and the applicant
shall be responsible for paying the proportional share of the cost
of any off-site improvement which is reasonably required to handle
the traffic generated by or using the facility.
(4)
The screening requirements for commercial properties shall be
met.
(5)
If an outdoor recreation area is provided, it must:
(a)
Be enclosed by a fence which allows air and light to penetrate
it and be capable of containing each child using the area.
(b)
Not be within a required building setback.
(c)
Not be closer than 20 feet of any property line.
(d)
Not be within a parking area.
(e)
Not conduct outdoor play activities before 8:00 a.m. or after
8:00 p.m.
(6)
If food service is provided, it must:
(a)
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.
(b)
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.
B.
Restaurant (downtown zoning districts):
(1)
Plans shall include a scale diagram of the entire interior of
the restaurant, showing the location of all receiving, storage, food
preparation, cooking, servicing, seating and waiting areas, waste
removal and garbage storage areas, and the intended location of tables,
counters and their respective seats or chairs.
(2)
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.
(3)
All cooking and food preparation shall be confined to the ground
floor of any structure, except that storage may be in the basement.
(4)
Restaurant services including dining, catering and office support
may occur on any floor.
(5)
No restaurant shall have in excess of 5,000 square feet of total
floor area, exclusive of storage area.
(6)
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.
(7)
Restaurant use is to be considered the principal use of any
structure and not an accessory use.
C.
Bank or savings institution (downtown zoning districts):
(1)
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.
(2)
Bank or savings institution use may not be accessory to dwelling
units or private school uses.
(3)
The vehicular access for bank or savings institution drive-up
facilities shall not be located on a county road or a state highway.
A traffic study shall be provided prior to approval as a conditional
use showing the impact of the use, and the applicant shall be responsible
for paying the proportional share of the cost of any off-site improvement
which is reasonably required to handle the traffic generated by or
using the drive-up facility.
D.
Personal service (downtown zoning districts):
(1)
Personal service uses on ground floor only.
(2)
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.
(3)
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.
E.
Professional office (downtown zoning districts):
(1)
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.
(2)
For professional offices that are accessory to dwelling units
in residential structures, the residential character of the building
type and the lot are to be maintained.
(3)
Professional office use may not be accessory to restaurant use.
F.
Home office (downtown zoning districts):
(1)
A home office is only permitted as an accessory use to a principal
residential use.
G.
Retail (downtown zoning districts):
(1)
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.
(2)
Parking shall be buffered from adjacent residential uses by
a ten-foot planted strip and adequate screening.
(3)
If in a residential structure, the residential character of
the building type and the lot are to be maintained.
I.
Day care (downtown zoning districts):
(1)
When conducted within a building type defined as residential
structure, it must:
(a)
Be an accessory use to a principal residential use.
(b)
Allow no more than 15 arrivals of nonresident persons who are
employees, clients, customers or associates of the business during
any twenty-four-hour period.
(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:
[1]
Be enclosed by a fence which allows air and light
to penetrate it and be capable of containing each child using the
area.
[2]
Not be within a required building setback.
[3]
Not be closer than 20 feet of any property line.
[4]
Not be within a parking area.
[5]
Not conduct outdoor play activities before 8:00
a.m. or after 8:00 p.m.
(2)
Parking areas and vehicular circulation patterns shall:
(a)
Enhance the safety of children as they arrive at and leave the
facility.
(b)
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.
(3)
The vehicular access shall not be located on a county road or
state highway. A traffic study shall be provided prior to approval
as a conditional use showing the impact of the use, and the applicant
shall be responsible for paying the proportional share of the cost
of any off-site improvement which is reasonably required to handle
the traffic generated by or using the facility.
(4)
Day care may not be an accessory use where restaurant is the
principal use.
(5)
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 consideration.
(6)
The screening requirements for commercial properties shall be
met.
J.
Breweries, distilleries and winery salesrooms (downtown zoning districts):
[Added 1-23-2018 by Ord.
No. 2017-13]
(1)
Limited licensed brewery, craft distillery and winery salesroom
facilities, licensed by New Jersey as per N.J.S.A. 33:1-10(1b), (3d)
and (2a) respectively are permitted in the downtown zoning districts
D-2, D-3 and D-4 as a conditional use subject to the provisions contained
in this section of this Code.
(2)
The license holder of a limited license brewery (hereafter brewery),
licensed by the State of New Jersey, is permitted to brew and sell
malt alcoholic beverages, as per N.J.S.A. 33:1-10(1b), at a limited
license brewery in the Borough of Haddonfield for consumption on premises
and for consumption off premises in a quantity of not more than 15.5
fluid gallons per person.
(3)
The license holder of craft distillery license (hereafter distillery)
licensed by the State of New Jersey is permitted to manufacture and
sell distilled alcoholic beverages as per N.J.S.A. 33:1-10(3d) for
consumption on premises and for consumption off premises of not more
than five liters per person.
(4)
The license holder of a plenary winery license (hereafter winery)
licensed by the State of New Jersey as per N.J.S.A. 33:1-10(2a) is
permitted to sell wine at retail in original packages in a winery
salesroom apart from the winery premises for consumption on or off
premises. Such sales may occur in a winery salesroom and also in a
local restaurant.
(5)
The brewery, distillery and winery salesroom may operate for
business to serve customers seven days per week. On Sundays the brewery,
distillery and winery salesroom may not conduct business by serving
customers before 12:00 noon. Sunday through Thursday the brewery,
distillery and winery salesroom shall stop serving customers no later
than 10:00 p.m., and on Friday and Saturday shall stop serving customers
no later than 11:00 p.m. The customers in the above facilities may
remain for one hour after service cut off time to finish that which
they have been served. The brewery and the distillery are permitted
to manufacture their product at any time during any day.
(6)
The brewery and distillery shall not sell food or operate a
restaurant on the licensed premises, including in any outdoor facility
of the brewery or distillery. Pretzels, potato chips, nuts and other
such ready prepared finger food snacks are not prohibited from being
provided without charge.
(7)
Live entertainment is prohibited within the brewery, distillery or winery salesroom. Televisions, radios, and recorded music is permitted in compliance with the noise provisions of this Code § 148-1 et seq.
(8)
The brewery, distillery, and winery salesroom may provide for an outdoor seating facility in accordance with § 151-1 et seq., of this Code which shall be controlled by and adjacent to a brewery, distillery, or winery salesroom in a downtown zoning district provided that the Alcohol Beverage Control (ABC) has approved such outdoor seating within the licensed premises area. Customers using the outdoor seating facility must be seated in a seat at a table in an approved location.
(9)
Brewing and distilling may occur in the basement area of the
facility, provided that the basement area conditions are safe and
the basement area conditions are sanitary. The statute provides for
tours of the brewery and distillery; therefore the brewing and distilling
area must be safe for those who would be touring the brewery or distillery.
(10)
Plans shall be submitted that include a scale diagram of the
entire interior of the brewery, distillery or winery salesroom showing
the location of all receiving, storage, brewing or distilling area,
servicing, seating and waiting areas, waste removal and garbage storage
areas, and the intended location of tables, counters, bars and their
respective seats or chairs.
(11)
Storage of waste materials and garbage shall be in enclosed
containers, such containers shall be stored inside the main building
or in a separately enclosed structure that will completely confine
odors, and obstruct view of the waste/garbage.
(12)
Sale of product, tasting, storage, brewing or distilling and
office support may occur on any floor.
(13)
No brewery, distillery or winery salesroom shall have in excess
of 5,000 square feet of total floor area exclusive of storage area.
(14)
A system to vent brewing or distilling and other 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.
(15)
Brewery, distillery or winery salesroom use is to be considered
the principal use of any structure and not an accessory use.
(16)
Brewery, distillery or winery salesroom use is not required
to provide motor vehicle parking in the downtown zoning districts
of D-2, D-3 and D-4.
