Conditional uses permitted in the R-1, R-5 and VR Zoning Districts shall meet the following requirements:
A.
Private or commercial recreation facilities (as described in § 100-44A):
(1)
Such facility is permitted in the R-5 District only, on a lot with an area of at least 20 acres.
(2)
Such facility shall be directly accessible by means of a collector or arterial street.
(3)
No aboveground structure connected with such facility, other than a fence, wall or driveway, shall be located closer to any lot or street line than 100 feet, except that riding stables and academies shall be required to maintain a setback of 200 feet between any structure sheltering animals and a lot or street line.
(4)
Parking shall be provided on the lot adequate to serve the facility. The approving authority shall establish the required number of parking spaces to be provided, based upon the anticipated demand for them, as documented by the applicant, the advice of any experts retained by the approving authority to evaluate the proposal and generally accepted standards applying to the particular use contemplated.
B.
Summer or year-round camps, including day camps for children and camp facilities of educational, religious, charitable and similar organizations:
(1)
The maximum permitted density shall not exceed five persons per each two acres for resident facilities and 20 persons per each two acres for day-only facilities, and no lot devoted to such use shall have an area of less than 20 acres.
(2)
No unit designed for human occupancy shall be located closer than 75 feet to any lot line, nor closer than 100 feet to any street line, and no such unit shall be located closer than 15 feet to any other unit.
(3)
No playground or meeting or assembly area shall be located closer than 100 feet to any lot or street line.
(4)
All facilities provided for the amusement, accommodation or convenience of campers shall be for their sole and exclusive use and not open for use by the general public on a commercial basis.
(5)
There shall be no sale of goods or services on the premises other than to the occupants thereof.
(6)
Each camp shall be provided with water supply and distribution facilities, sanitary conveniences and refuse storage, collection and disposal facilities, as approved by the approving authority. The applicant shall be required to demonstrate to the approving authority the adequacy of the water supply and sewage treatment facilities available or intended to be provided to serve the camp.
C.
Public utility facilities, including electric power distribution substations:
(1)
The approving authority shall determine that such use at the proposed location will not be detrimental to the public safety and health and is reasonably necessary for the service, convenience and welfare of the public.
(2)
No equipment or apparatus used in the transmission or distribution of electric power, other than overhead or underground transmission or distribution lines, shall be located closer than 35 feet to any lot or street line.
(3)
All areas of the lot not devoted to buildings and structures, parking areas and drives and required screens, shall be landscaped with grass, trees or shrubs.
(4)
A permanent, visual screen shall be provided either around the perimeter of the lot or around the structures or security fence on the lot. Such screening shall be approved by the approving authority upon the nature of the structures to be screened, the existing vegetation on the lot and the potential visual impact of the proposed structures on adjoining lots. As a minimum, evergreen shall be provided wherever screening is required.
D.
Commercial greenhouses and nurseries:
(1)
Such uses shall be permitted in the R-5 District only, on lots having an area of at least 20 acres.
(2)
Such uses shall be directly accessible from a collector or arterial roadway.
(3)
All structures shall be located a minimum of 100 feet from any lot line and 200 feet from any street line and shall be completely screened from view along all side and rear lot lines by existing vegetation, earthen berms, evergreen plantings or similar landscape treatments, as approved by the approving authority.
(4)
Parking shall be provided at the rate of one space per each employee, plus one space per each 200 square feet of indoor sales area accessible to the public, plus 1/2 space per each 1,000 square feet of outdoor storage, sales or display area.
E.
Subsidized accessory apartments. Subsidized accessory apartments shall be permitted as conditional uses in the R-5 Residential District. The following criteria shall apply to the creation of subsidized accessory apartments in this zone:
[Added 1-18-2005 by Ord. No. 2005-2]
(1)
Subsidized accessory apartments shall be as defined in Chapter 41, Accessory Apartments, of the Code of the Township of Holland.
(2)
Each new accessory apartment created under the terms of this section shall be affordable to and rented only by a qualified low-income household for a period of at least 10 years from the date a certificate of occupancy is issued for the new unit in accordance with the terms of Chapter 42, Affordable Housing, of the Code of the Township of Holland.
(3)
No accessory apartment shall be created under the terms of this section unless an application has been submitted to and approved by the Housing Administrator and unless the creation of the accessory apartment is accomplished as part of the Township's affordable housing compliance program and unless the accessory apartment is deed restricted in accordance with the terms of Chapter 42, Affordable Housing, of the Code of the Township of Holland.
(4)
The provisions of this section shall expire automatically when funds are no longer available to subsidize accessory apartment conversions.
(5)
The Board of Health shall certify the adequacy of the on-site septic system to accommodate the original dwelling plus the accessory apartment. All accessory apartment units shall meet the requirements of N.J.A.C. 5:23-2.4 and 2.5 (or successor regulation) following the completion of the conversion.
(6)
The lot on which the subsidized accessory apartment will be located shall conform to the minimum lot area requirement for the R-5 Residential District or for the approved form of development in the R-5 Residential District.
(7)
The property proposed for conversion shall be able to accommodate sufficient off-street parking as approved by the Planning Board.
(8)
Applicant submission requirements.
(a)
Applicants for the creation of a subsidized accessory apartment shall submit to the Housing Administrator:
[1]
A sketch of floor plan(s) showing the location, size and relationship of both the accessory apartment and the primary dwelling;
[2]
Elevations showing the modification of any exterior building facade to which changes are proposed; and
[3]
A site development sketch showing the location of the existing dwelling and other existing buildings; all property lines; any proposed addition, along with the minimum building setback lines, the locations, size and extent of all underground utilities and the length, width and function of all rights-of-ways and easements on the property; the required parking spaces for both dwelling units; and any natural or man-made conditions which might affect construction.
(b)
All plans and elevations shall be clear and concise and drawn to a scale of not less than one inch equals four feet for the floor plan(s) and elevation(s) and one inch equals 20 feet for the site development plan.
(9)
Additions to an existing structure designed to allow the creation of a subsidized accessory apartment shall not be permitted, except that small additions containing up to a maximum of 5% of the gross floor area of the existing structure or 100 square feet, whichever is less, may be permitted if the addition will facilitate the creation of the accessory apartment in a more logical manner, considering design, layout, access and safety factors. Such additions shall comply with all applicable yard, setback, coverage and other bulk requirements of this chapter.
(10)
Alterations to the exterior of the existing dwelling, other than those to improve the maintenance and attractiveness of the dwelling, shall be minimized. After the creation of the accessory apartment, the building(s) on the property shall maintain the usual appearance of a single-family detached dwelling and its appurtenant structures and shall remain compatible with the character of the surrounding neighborhood.
(11)
A converted dwelling shall not have more than the existing number of entrances along the front of the building. All entrances to an accessory dwelling shall be located on the side or rear of the building.
(12)
No new unenclosed exterior stairways shall be allowed on the front of a converted dwelling.
(13)
Necessary changes in the number or placement of windows to provide adequate light and air will be allowed but shall be minimized; any changes which occur must be done in a manner consistent with the architectural character of the existing dwelling.
(14)
An accessory apartment shall not be created on any floor above the second floor except that space above the second floor may be used for storage or sleeping rooms for a second floor apartment. No accessory apartment shall be located in a below-ground basement where the exterior grade is more than half the height of the exterior wall, unless there is at least one exterior facade where the unit is at grade with the ground outside.
(15)
Each accessory apartment unit shall contain the following minimum gross floor area:
Type of Unit | Minimum Gross Floor Area (square feet) | |
|---|---|---|
Efficiency | 450 | |
1 bedroom | 550 | |
2 bedroom | 660 | |
3 bedroom | 800 |
(16)
Existing unauthorized accessory apartments may be legalized under this section without penalty to the property owner and without Township subsidy, provided all of the foregoing criteria as well as the following criteria can be met:
(a)
The unit is currently vacant or is occupied by a qualified low or moderate-income household unrelated to the owner.
(b)
If the unit is currently in substandard condition, it can be brought up to standard condition before a certificate of occupancy is issued in accordance with all of the requirements and procedures of Chapter 41, Accessory Apartments, of the Code of the Township of Holland, except that no Township subsidy shall be required to be paid to the owner to bring the unit up to standard condition.
(c)
The unit will be affirmatively marketed pursuant to the Township's affirmative marketing plan. If the unit is currently occupied by a qualified low- or moderate-income household unrelated to the owner, it shall be affirmatively marketed when the current tenant vacates the unit.
(d)
The unit will be deed restricted for occupancy by and will remain affordable to a qualified low-income household for a period of 10 years from the date a certificate of occupancy is issued for it, consistent with the requirements of Chapter 41, Accessory Apartments, Chapter 42, Affordable Housing, and the rules of the Council on Affordable Housing.