A building or land shall be used only for the
following purposes:
A. Principal uses and buildings:
(1) Retail stores and shops; banks and financial institutions;
fully enclosed restaurants; craft shops; barbershops and beauty parlors;
studios for artists or photographers and sculptors; indoor health
club, squash or racquetball facilities; family billiard parlor; indoor
recreational facilities; indoor cinema; delicatessens; retail bakery;
taverns; dinner theaters, theaters for the performing arts or other
cultural facilities; electronic appliance and other service shops;
nursery and garden centers; dry cleaning/laundry establishments; factory
authorized new automobile sales, agencies and services, including
repair shop adjacent to and in connection therewith, including new
and used car lots; automobile repair shops. Storage of motor vehicles
is permitted, provided that the vehicles have up-to-date inspection
stickers and registration and are properly fenced from view and located
in the rear of the property.
(2) General, corporate, administrative and professional
offices.
(3) Nursing homes, convalescent facilities, continuing-care
facilities or such similar use and including, as accessory uses, out-patient
facilities, medical and dental offices and clinics, pediatric centers
or similar medical uses, provided that such accessory uses constitute
less than 50% of the total gross floor of all buildings on the lot
or premises and provided that the following requirements are met.
It is recognized that projects involving nursing homes, convalescent
homes and continuing-care facilities will involve a Coastal Area Facilities
Review Act (CAFRA) permit from the New Jersey Department of Environmental
Protection and Energy (NJDEPE). Therefore, where regulations and standards
of this chapter conflict with NJDEPE rules on coastal resources and
development, the state rules shall be given every consideration. Such
uses shall be subject to the following:
(a)
Area and bulk requirements.
[1]
Minimum lot size: two acres.
[2]
Minimum lot frontage: 200 feet.
[3]
Minimum front yard setback: 75 feet from any
county right-of-way and 50 feet from any other right-of-way.
[4]
Minimum rear and side yard setback: 50 feet.
[5]
Maximum height and limitation: not to exceed
35 feet.
[Amended 5-23-1996 by Ord. No. 8-1996]
[6]
Maximum impervious coverage: 75% of the total
lot area.
[7]
Sidewalks: six feet in width.
[8]
Minimum parking setbacks: 35 feet from any county
right-of-way; 25 feet from a residential zone; 20 feet from a municipal
right-of-way or rear property line; 10 feet from a side property line;
and zero feet where cross easements for parking areas are maintained.
(b)
Site plan review. All development shall be subject to Article
XXII of this chapter of the Code of the City of Somers Point.
(c)
Buffering requirements. All development shall be subject to §
114-38 of this article.
(d)
Lighting requirements. All development shall be subject to §
114-44 of this article.
(e)
Landscaping requirements. All development shall be subject to §
114-38 of this article.
(f)
Design standards. All development shall be subject to Article
XXIV, Design and Improvement Standards of this chapter of the Code of the City of Somers Point as well as to the following regulations, unless, after due consideration of plans, testimony and other submissions, the municipal agency waives strict compliance with the requirements of this subsection in order to promote the purposes of this article.
[1]
Architectural compatibility. Any development
shall be constructed in accordance with an overall architectural plan
such that the facades, rooflines, architectural detail and landscaping
of each building shall be compatible with all other existing or proposed
buildings on the site.
[2]
Conditions. The municipal agency may impose
requirements to control the effect of noise, traffic movement and
volume, lighting and/or intensity of such conditional activities on
adjacent land uses and may require a sufficient guaranty to ensure
compliance with such restrictions or conditions.
[3]
Grouping. The principal and accessory buildings
shall be arranged in a group or groups such that no building shall
be less than 25 feet from any other building.
[4]
Utilities. All utilities shall be located underground.
(4) Methadone clinic.
[Added 3-22-2001 by Ord. No. 1-2001]
B. Accessory uses and buildings. Accessory uses and buildings
shall be uses and buildings customarily incidental to the principal
uses listed as permitted. They shall be understood to include:
(2) Garages to house delivery trucks or other commercial
vehicles.
(3) Temporary construction trailers and one sign not exceeding
50 square feet for advertising. The prime contractor, subcontractor(s),
architect, financing institution and similar data shall be included
on one sign for the period of construction, beginning with the issuance
of a building permit for one year, whichever is less, provided that
said trailer and sign are on the site where construction is taking
place and are set back at least 15 feet from the street to the lot
lines.
(4) Appropriate facilities for placement of trash, recycling
and garbage and collection and removal thereof, provided that:
(a)
The facility is completely enclosed and so constructed
that the trash, recycling and garbage shall not be visible to the
general public.
(b)
Such structure meets the approval of the Construction
Official and the Board of Health.
(c)
Such facilities fit within the overall project
design.
(d)
Such facilities are buffered from principal
structures, parking facilities and pedestrian and vehicular roadways.
C. Conditional uses and buildings.
(1) The following uses are permitted as conditional uses
pursuant to N.J.S.A. 40:55D-3 and 40:55D-67, in this district when
authorized by the Planning Board in accordance with the specifications
and standards listed below:
(b)
Gasoline service stations.
(2) General regulations. The following regulations applicable
to all uses in this district shall also apply to all conditional uses
as permitted in this district, as general regulations and not as special
standards applicable only to conditional uses.
(a)
Site plan review. Except as specifically specified and required in this section, all development shall be subject to Article
XXII, Site Plan Review, of this chapter of the Code of the City of Somers Point.
(b)
Buffering requirements. Except as specifically specified and required in this section, all development shall be subject to §
114-38 of this article.
(c)
Lighting requirements. Except as specifically specified and required in this section, all development shall be subject to §
114-44 of this article.
(d)
Landscaping requirements. Except as specifically specified and required in this section, all development shall be subject to §
114-38 of this article.
(e)
Area and bulk requirements. Except as specifically specified and required in this section, all development shall be subject to §
114-36 of this article.
(f)
Minimum floor area requirements. Except as specifically specified and required in this section, all development shall be subject to §
114-37 of this article.
(g)
Off-street parking requirements. Except as specifically specified and required in this section, all development shall be subject to §
114-39 of this article.
(h)
Off-street loading requirements. Except as specifically specified and required in this section, all development shall be subject to §
114-40 of this article.
(i)
Parking and loading waivers. Except as specifically specified and required in this section, all development shall be subject to §
114-41 of this article.
(j)
Signs. Except as specifically specified and required in this section, all development shall be subject to §
114-42 of this article.
(k)
Fences. Except as specifically specified and required in this section, all development shall be subject to §
114-43 of this article.
(l)
Submission requirements. Except as specifically specified and required in this section, all development shall be subject to §
114-45 of this article.
(m)
Design standards. All development shall be subject to Article
XXIV, Design and Improvement Standards, of this chapter of the Code of the City of Somers Point as well as to the following regulations.
[1]
Architectural compatibility. At the time of
site plan approval, preliminary architectural plans and elevations
demonstrating the aesthetic and visual impact and character of the
proposed nonconditional use in relation to surrounding land uses,
shall be submitted by the applicant and approved by the Planning Board.
These architectural plans and elevations shall be binding at the time
of construction. The Construction Code Official shall verify that
the actual construction plans are in substantial conformity with the
preliminary architectural plans and elevations submitted by the applicant
and approved by the municipal agency. The ultimate builder of the
project, whether or not the builder was the applicant, is responsible
to ensure that the project, as constructed, is in substantial conformity
with the preliminary architectural plans and elevations submitted
and approved by the Board.
[2]
Utilities. All utilities shall be located underground.
(n)
Trash disposal, recycling and garbage collection
and removal. Appropriate facilities shall be provided which meet the
following conditions:
[1]
The facility shall be completely enclosed and
constructed so that the trash, recycling and garbage shall not be
visible to the general public.
[2]
Such structure shall meet the approval of the
Construction Official and the Board of Health.
[3]
Such facilities shall fit within the overall
project design.
[4]
Such facilities shall be buffered from principal
structures, parking facilities and pedestrian and vehicular roadways.
(3) Fast-food restaurants are subject to the standards of this chapter, the general requirements of §
114-35C(1)(a) through (n) and to the following regulations:
(a)
An application shall satisfy all procedural
requirements and standards for site plan review and shall also include
appropriate off-tract information to permit the Planning Board to
make an informed decision as to whether the requirements set forth
below have been met.
(b)
A traffic impact study shall be submitted to
the reviewing agency as to off-site circulation of motor vehicles,
bicycles and pedestrians.
[Amended 9-24-1992 by Ord. No. 24-1992]
(c)
A traffic impact study shall be submitted to
the reviewing agency as to on-site circulation of patrons' automobiles,
delivery, emergency and service vehicles, bicyclists, pedestrians
and other users.
[Amended 9-24-1992 by Ord. No. 24-1992]
(d)
In addition to the landscaping plans and details
that may be required by other sections of this chapter, existing,
appropriate on-site vegetation shall be maintained as much as possible.
[Amended 9-24-1992 by Ord. No. 24-1992]
(e)
Fast-food restaurants shall satisfy the following
tract requirements in addition to requirements otherwise applicable
in this zone district:
[1]
With no drive-through window, the minimum lot
size shall be 1 1/2 acres. There shall also be a minimum of 300
feet of continuous frontage on an arterial road or state highway within
the General Business District. In instances involving a corner property,
the lot shall have frontage on the arterial road or state highway
of no less than 150 feet and combined frontage on both streets of
no less than 300 feet.
[2]
With a drive-through window, the minimum lot
size shall be two acres. There shall also be a minimum of 300 feet
of continuous frontage on an arterial road or state highway within
the General Business District. In instances involving a corner property,
the lot shall have frontage on the arterial road or state highway
of no less than 150 feet and combined frontage on both streets of
no less than 300 feet.
[3]
One parking space shall be provided for every
three seats, together with adequate employee parking.
[4]
On-tract impervious coverage shall not exceed
75%.
(f)
In the event of conflict between the standards
above set forth and the standards generally for the General Business
District, these specific standards shall apply.
(4) Gasoline service stations shall be subject to the
following regulations:
(a)
Lot shall be a minimum of 20,000 square feet
in area with a minimum lot depth and lot width of 125 feet.
(b)
All fuel pumps, appliances and/or pumps shall
be located a minimum of 35 feet from the street lines and 25 feet
from the side and rear property lines or edge of any required buffer
areas so as to permit all services to be performed within the lot
lines. All other services shall be performed within an enclosed building.
(c)
All fuel tanks shall be installed underground
in conformance with NJDEPE regulations.
(d)
Driveway requirements.
[1]
Driveways shall not be more than 25 feet wide
at any point thereof.
[2]
There shall be a minimum distance of 30 feet
between driveways as measured from the edges of the paved portions.
Driveways shall be at least 10 feet from the adjoining property line
and at least 20 feet from the street line of any intersecting street.
[3]
There shall be a maximum of two driveways on
any street.
(e)
The entire area of the station or garage or
sale area traversed by motor vehicles shall be macadam concrete.
(f)
No gasoline selling or service station or area
so utilized shall be located within 500 feet of any property upon
which a church, hospital, public or parochial school, private school,
college, institution or theater shall be located nor shall said gasoline
selling or service station be located within 2,000 feet of another
gasoline selling or service station. Said distance shall be measured
from the property or lot line on which the proposed service station
is to be located on a straight line to the property line or lot line
on which the church, hospital, public or parochial school, private
school, college, institution, theater or gasoline or service station
is located.
(g)
Buffer yard, setback, canopies and building
requirements:
[1]
A buffer yard of not less than 50 feet in width
shall be provided for any special use included in this subsection
shall be located within 50 feet of any residential zone. This buffer
yard shall be used only as a planting strip in which hedge, evergreens,
shrubbery or other suitable planting shall be provided and maintained
with a visual screen year round.
[2]
The walls of any building shall be set back
a minimum 25 feet from every adjoining property line or required buffer
yard and a minimum of 50 feet from a street right-of-way.
[3]
Roof overhangs attached to or extending from
the buildings shall not extend more than five feet from said building.
[4]
Building requirement. A maximum of 20% of the
area of each lot shall be occupied by buildings. No main building
shall exceed one story in height. Detached canopies shall not exceed
18 feet in height.
(h)
All lubrication, repair, maintenance or similar
activities shall be performed within a completely enclosed building.
In addition thereto, all displays and sale of merchandise shall be
made or sold within a completely enclosed building, except as specifically
provided or allowed under the terms of this chapter.
(i)
Sufficient parking space for all vehicles of
employees and patrons shall be provided, with a minimum of five spaces
in any event, with the total number of spaces computed on the basis
of three spaces for each lift, wheel alignment pit, bay or similar
work area, which spaces shall be separate from the driveway and general
apron areas giving access to the air pumps, gasoline pumps and garage
doors.
(j)
No automobile, truck, trailer or boat shall
be allowed to stand on any gasoline station selling or service station
selling or service station property publicly advertising such vehicle
for sale.
(k)
No part of any gasoline selling or service station
may be used for residence or sleeping purposes.
(l)
Signs shall be erected in accordance with the requirements enumerated in §
114-42 of this article, except that no sign shall be erected less than 15 feet from any curb or property line.
(m)
All electric, gas, telephone and other utility
lines and uses shall be installed underground.
(5) Car washes shall be subject to the following special
regulations:
(a)
Minimum lot size: 24,000 square feet.
(b)
Minimum lot width: 120 feet.
(c)
Minimum lot depth: 200 feet.
(d)
Minimum setback from all front property lines:
50 feet.
(e)
Minimum distance from all property lines, other
than front property lines: 20 feet.
(f)
Minimum distance between any buildings, including
accessory uses, and any residential district: 50 feet.
(g)
Minimum distance between any access driveway
and residential district: 50 feet.
(h)
Minimum distance between any access driveway
and the property line shall be 200 feet for any of the following uses:
church, library, school, college, nursing home, hospital and similar
uses.
(i)
Maximum width of curb cuts for one-way driveway
shall not exceed 30 feet. Curb cuts for two-way driveways shall total
50 feet.
(j)
Parking requirements include the following:
[1]
A waiting or stacking area on the lot for incoming
automobiles, accessible to the entrance end of the washing equipment,
to accommodate a minimum of 10 automobiles for each lane provided
in the washing area.
[2]
An area beyond the exit end of the washing equipment,
for a minimum of four automobiles for each lane provided in the washing
area.
[3]
Entrance access driveways shall not be located
within 100 feet of the intersection of any two streets.
[4]
Exterior lighting shall be shielded so that
it is deflected away from adjacent properties and from passing motorists.
[5]
Dripping vehicles shall not be allowed on streets
or highways so as to cause ice hazards in freezing weather. Equipment
must be installed to prevent this condition. Site drainage shall be
designed so as to prevent drainage onto public streets.
[Amended 5-23-1996 by Ord. No. 8-1996]
A. Principal building, commercial. Minimum requirements
shall be as follows:
(1) Lot size: 60,000 square feet. If a waiver is requested
and granted by the municipal agency to allow for a thirty-thousand-square-foot,
fee simple, smaller parcel ownership within a conforming overall development
scheme, other area and bulk requirements shall be adjusted proportionately
for out-parcel development.
(2) Lot frontage: 200 feet minimum.
(3) Lot width: 200 feet minimum.
(4) Lot depth: 250 feet minimum.
(5) Side yard, each: 25 feet minimum.
(6) Front yard: 75 feet minimum.
(7) Rear yard: 50 feet minimum.
(8) Maximum building height: No building shall exceed
35 feet in height or two stories.
B. Accessory building. Minimum distance shall be as follows:
(3) To other building: 20 feet.
C. Maximum building coverage shall be as follows:
(1) Principal buildings: 30%.
D. Impervious surface ratio: Maximum impervious surface
area (including building coverage) shall not exceed 75% of the total
lot area, and the minimum open space area shall not be less than 25%
of the total lot area.
Each commercial building shall have a minimum
gross floor area of 1,000 square feet.
Minimum off-street loading shall be provided
as follows:
A. Each activity shall provide for off-street loading
and unloading, with adequate ingress and egress from streets and shall
provide such area(s) at the side or rear of the building. Each space
shall be a minimum of 15 by 40 feet. Additional spaces shall be provided
according to the following schedule:
Floor Area
(square feet)
|
Number of Truck Berths
|
---|
Less than 8,000
|
1
|
8,000 to 25,000
|
2
|
25,000 to 50,000
|
3
|
50,000 to 100,000
|
4
|
100,000 to 250,000
|
5
|
Each additional 200,000
|
1
|
B. There shall be a minimum of one trash and one recycling
pickup location provided by each building, which shall be separated
from the parking spaces and shall either be in a location within the
building or in a pickup location outside the building, which shall
be a steel-like, totally enclosed container located in a manner to
be obscured from view from parking areas, streets and adjacent residential
uses or zoning districts by a fence, wall, planting or combination
of the three. If located within the building, or if located within
the general loading area(s), the doorway may serve both the loading
and trash/recycling functions, provided that the containers in no
way interfere with or restrict loading and unloading functions.
C. All off-street loading areas shall be lighted.
Fences for all land uses in the GB District
shall be in accordance with the following:
A. No chain link fences shall be permitted.
B. All fences shall be maintained at a minimum transparency
of 35%, except fences specifically intended for screening.
C. Fences shall not exceed four feet in height unless
utilized for security or screening purposes, in which case said fence
may not exceed seven feet in height within the buildable area of the
lot.
All uses within this district shall be required to submit an impact statement as part of the site plan review process. The statement will include information called for in Article
XXII, §
114-143B(18), and additionally shall include the following for all uses:
A. A general lighting and graphics program.
B. Fire protection, police and other security systems.
C. A circulation and off-street parking plan.
D. A solid waste management and disposal plan, including
provisions for all waste resulting from on-site uses.
E. A landscaping and preservation plan, including existing
vegetation.
F. An off-tract traffic survey showing the impact of
the proposed facility on existing roadways.
G. An energy conservation program for operation.