The Planning Board shall, subject to the procedures, standards and limitations hereinafter set forth, have authority to review and approve or disapprove applications for planned development approval for the uses and developments noted in § 163-156 of this chapter. In no case shall any resolution of the Board of Adjustment substitute for that of the Planning Board as to any approval required in connection with a planned development.
[Amended 5-7-1981 by Ord. No. 32-1981]
A.
This Article establishes special procedures and special substantive
regulations with respect to all types of planned developments permitted
in the City of Atlantic City, including residential cluster developments,
residential planned unit developments, resort planned developments,
commercial planned developments, industrial planned developments,
mixed use planned developments and commercial planned developments
of piers. The substantive and procedural provisions of this article,
taken in combination, are intended to substitute flexible substantive
standards and procedural protections for inflexible substantive regulations
in recognition of the fact that traditional regulations governing
use, density and intensity and physical configuration of land use,
which may be useful in protecting the character of substantially developed
and stable areas, may impose inappropriate preregulations and rigidities
upon the development or redevelopment of parcels or areas which lend
themselves to an individual, planned approach. The substantive and
procedural regulations are also intended to give reasonable assurance
to the developer that he will receive expeditious ultimate approval
before expending substantial moneys on final plans while, at the same
time, providing the City with assurances that the project will retain
the character set forth at the time the planned development is first
approved.
B.
Planned developments may be established pursuant to the provisions
of this article to achieve the following objectives:
(1)
A development pattern in harmony with the objectives of the
various plans, maps, programs and ordinances adopted or approved by
the City to guide its growth and development.
(2)
A more desirable environment than would be possible through
the strict application of other land use and development regulations
of the City.
(3)
A creative use of land and related physical development which
allows an orderly transition from one land use to another.
(4)
An efficient use of land resulting in smaller networks of utilities
and streets and thereby lower development and housing costs.
(5)
Diversification in the uses permitted and variation in the relationship
of uses, structures, open spaces and heights of structures in developments
conceived as cohesive unified projects.
(6)
Higher standards of site and building design through the use
of trained and experienced land planners, architects, landscape architects
and engineers, to the end that the type, design and layout of residential,
resort, commercial, industrial, mixed use and commercial pier developments
may be substantially and efficiently related to the particular site
and its environs.
(7)
The preservation and enhancement of desirable natural site characteristics,
including environmental and ecological systems and amenities.
(8)
The provision of man-made amenities.
(9)
The preservation of and provision for the functional and beneficial
use of natural and landscaped open areas.
(10)
Innovations and flexibility in residential development, to the
end that the growing demands for housing at all economic levels may
be met by greater variety in tenure, design and siting of dwellings
and by the conservation and more efficient use of land in residential
developments.
(11)
More convenience in location of residential uses and related
accessory, commercial and service areas.
(12)
Attractive, efficient and economic resort, commercial and industrial
developments designed to enhance the economic well-being of the City
without unnecessary or undue disruption of its residential areas.
(13)
Promotion and control of development associated with an active
resort, convention and tourist industry.
(14)
Accomplishment of maximum practicable energy efficiency through
efficient use of land, siting and design of structures and utilization
of renewable energy sources and technology economizing depletable
sources.
(15)
The adaptive reuse, reconstruction or restoration of existing
piers as viable environmental, commercial, cultural, recreational
or traditional boardwalk design elements.
[Amended 5-7-1981 by Ord. No. 32-1981; 6-15-1988 by Ord. No.
1-1988]
No planned development may be approved except as a conditional use pursuant to the procedures of § 163-157 of this chapter and subject to the general standards applicable to all planned developments pursuant to § 163-158 of this chapter and the standards applicable pursuant to the provisions of this article to the particular type of planned development proposed. Every planned development authorized pursuant to this article shall be subject to all the provisions of Part 5, Article XXVI, of this chapter relating to conditional uses and to all the provisions of Part 5, Articles XIX through XXV, of this chapter relating to site plan/subdivision approval.
The following planned developments, and none others, may be
authorized as conditional uses in the zoning districts indicated,
subject to the standards noted:
A.
Application and processing. Applications for planned development approval shall be filed and processed in the form of an application for conditional use approval pursuant to Part 5, Article XXVI, of this chapter, including an application for preliminary site plan/subdivision approval pursuant to Part 5, Articles through XXV, of this chapter. A pre-application conference pursuant to Part 5, Article XX, of this chapter shall be required prior to the filing of an application for planned development approval. The request for a prehearing conference shall indicate the need for planned development approval pursuant to this article and contain statements indicating the particular provisions of this article authorizing the proposed planned development and preliminary statements addressing the general and specific standards applicable to the proposed planned development pursuant to the provisions of this article.
[Amended 6-15-1988 by Ord. No. 1-1988]
B.
Authority to vary regulations. Except as limited by the provisions of this article, the Planning Board may, in approving planned development conditional use permits and plans or plats, change, alter, vary or modify any provision of this chapter which would otherwise be applicable to the use and development of the subject property; provided, however, that no such change, alteration, variation or modification shall be approved unless the Planning Board shall find that such change, alteration, variation or modification will not, if permitted, violate the standards and conditions for planned developments established by this article; conditional uses as established by Part 5, Article XXVI, of this chapter; or site plan/subdivision approval as established by Part 5, Articles XIX through XXV, of this chapter; or violate the general purposes, goals and objectives of this chapter, the Master Plan, the capital improvements program and the Official Map, and will, if permitted, result in a development providing compensating amenities to the City and contributing to the overall advancement of the purposes for which planned developments may be established pursuant to the Article.
C.
Findings for planned development. No application for planned development approval shall be granted unless, in addition to making the findings required by Part 5, Article XXVI, of this chapter for conditional use approval and the findings required by Part 5, Articles XIX through XXV, of this chapter for site plan/subdivision approval, the Planning Board finds that the proposed development meets each of the standards made applicable to it by this article and also finds that any variations from the zoning regulations otherwise applicable to the subject property authorized pursuant to this article conform to the provisions of Subsection B above.
A.
Use, infrastructure and site design standards. No application for planned development approval shall be granted unless the Planning Board shall find that the use, infrastructure and site design standards made applicable to all conditional uses by § 163-145 of this chapter have been met.
B.
Ownership. No application for planned development approval shall
be granted unless the Planning Board shall find that the entire tract
proposed for planned development treatment is in single ownership
or under such unified control as to ensure that the entire tract will
be developed as a unified whole. All owners of the tract shall be
included as joint applicants on all applications, and all approvals
shall bind all owners. The violation of any owner as to any tract
shall be deemed a violation as to all owners and all tracts.
C.
Minimum tract size. Sections 163-159 through 163-165 establishing standards for particular types of planned developments establish the minimum area required for each type of planned development; however, no application for planned development approval shall be granted unless the Planning Board shall find that, in addition to satisfying any such specific standard, the tract in question is, giving consideration to the type and scope of development proposed, of sufficient size and shape to be planned and developed as a unified whole, capable of meeting the objectives for which planned developments may be established pursuant to this article.
D.
Common open space and facilities. No application for planned development
approval shall be granted unless the Planning Board shall find that
all of the requirements of this subsection are met as to all common
open space and facilities, if any, to be provided in connection with
the proposed development:
(1)
The amount and location of all common open space and facilities to be provided in a planned development shall be consistent with the minimum standards as established by the appropriate section of this article for the particular type of planned development, with the standards of Part 5, Articles XIX through XXV, of this chapter relating to site plans/subdivision plats and with its intended function as set forth in the application and plans for planned development approval. When any stage of a planned development intended to be developed in stages covering more than one construction season will contain a proportion of common open space or facilities less than its proportion of other development, the developer shall provide a bond, credit, escrow or other assurance satisfactory to the Planning Board to ensure the later provision and development of at least an amount of common open space which bears the same proportion to the total common open space as the development in such stage bears to the total development.
(2)
All common open space shall be either owned and maintained by
a landowner's organization established in accordance with this subsection
or may be, by mutual agreement of the developer and the City Council,
dedicated to the City or to another appropriate governmental agency
willing and able to accept the dedication and to maintain the open
space for its intended purposes.
(3)
No private common open space shall be used for the construction
of any structure or improvement, except such structures and improvements
as may be approved as part of the final site plan/subdivision plat
as appropriate to the intended aesthetic, leisure and recreational
uses for which the open space is intended. As a condition of the approval
of the conditional use permit for a planned development, adequate
safeguards, including recorded covenants or dedication of development
rights, shall be provided to prevent the subsequent use of the open
space for any other structure, improvement or development.
(4)
The approval of the conditional use permit for a planned development
shall be conditioned upon the final site plan/subdivision plat, including
such provisions for the ownership and maintenance of private common
open space and facilities as are reasonably necessary to ensure their
continuity, care, conservation, maintenance and operation, in accordance
with predetermined standards, by a landowners' organization formed
for the purpose and to ensure that remedial measures will be available
to the City if the open space or facilities are permitted to deteriorate
or are not maintained by such organization in a condition consistent
with the best interests of the planned development or the City. Such
organization shall not be dissolved and shall not dispose of any open
space, by sale or otherwise, except to an organization which will
own and maintain the open space for the benefit of the development
in accordance with the provisions of this subsection. No such organization
or successor organization shall dispose of any open space held by
it except in compliance with the provisions of this chapter and except
after having first offered to dedicate such open space to the City.
(5)
Every landowners' organization, and the covenants and declarations
creating and regulating every landowners' organization, formed or
intended to own or maintain private common open space or facilities
pursuant to the requirements of this chapter shall meet each of the
following standards:
(a)
The regulations governing the organization must be established
prior to the sale of any property within the planned development or
the area within the planned development designated to have the exclusive
use or benefit of the proposed open space or facilities.
[Amended 6-15-1988 by Ord. No. 1-1988]
(b)
Tentative bylaws and rules of the oganization and all covenants
and restrictions to be recorded must be available at the time of the
application for final site plan/plat approval prior to becoming effective.
[Amended 6-15-1988 by Ord. No. 1-1988]
(c)
The organization must be responsible for casualty and liability
insurance, taxes and the maintenance of the open space and facilities
to be deeded to it or maintained by it.
(d)
Membership must be mandatory for each landowner and any successor
buyer having a right to the use, enjoyment or benefit of the open
space or facilities.
(e)
Landowners having a right to the use, enjoyment or benefit of
the open space or facilities must pay their pro rata share of the
costs of the organization by means of an assessment, to be levied
by the organization, which meets the requirements for becoming a lien
on the property in accordance with the statutes of the State of New
Jersey.
(f)
The organization must have the right to adjust the assessment
to meet changed needs. The membership vote required to authorize such
adjustment shall be fixed at not more than 2/3 of the members voting
on the issue.
(g)
The open space restrictions must be permanent and not for a
given period of years.
(h)
The City shall have the right to enforce the covenants.
(6)
In the event that such organization shall fail to maintain the
private open space or facilities in reasonable order and condition,
the Land Use Administrator may serve written notice upon such organization
or upon the owners of the development, setting forth the manner in
which the organization has failed to maintain the open space or facilities
in reasonable condition and demanding that such maintenance deficiencies
be cured within 35 days following the date of the notice. The notice
shall state the date, time and place for a hearing, to be held by
the Planning Board within 15 days following the date of the notice,
for the purposes of considering any and all deficiencies in the maintenance
of the open space or facilities and the formulation of a program to
eliminate all such deficiencies. A copy of this subsection shall accompany
each such notice. Upon the conclusion of the hearing, the Planning
Board may modify the terms of the original notice as to deficiencies
and may give a reasonable extension of time, not to exceed 65 days,
within which they shall be cured.
(7)
If the deficiencies set forth in the original notice or in the
modification thereof shall not have been cured within said 35 days
or any permitted extension thereof, the City, in order to preserve
and maintain the open space and facilities, may enter upon and maintain
such land or facilities for a period not to exceed one year. The cost
of such maintenance shall be assessed against the properties within
the development that have a right of use, enjoyment or benefit of
the open space or facilities and shall become a lien and tax on said
properties, pro rata in accordance with their respective assessed
valuations at the time the lien is imposed, and shall be added to
and be a part of the taxes to be levied and assessed thereon and enforced
and collected, with interest, by the same officers and in the same
manner as other taxes.
(8)
At least 30 days prior to the conclusion of the year of maintenance
by the City or sooner at the request of the organization, the Planning
Board shall call a public hearing, upon 15 days' written notice to
such organization and to the owners of the development, at which hearing
the organization and the owners of the development shall show cause
why the City should not continue such maintenance for a succeeding
year. If the Planning Board shall determine that the organization
is ready and able to maintain its open space and facilities in reasonable
condition, the City shall cease maintenance at the end of the year
for which it had assumed maintenance responsibility or, by mutual
agreement of the Board and the organization, at such other date as
may be convenient. If the Planning Board shall determine that such
organization is not ready and able to maintain said open space or
facilities in reasonable condition, the City may, at its option, continue
its maintenance during the next succeeding year and from year to year
thereafter, subject to a similar hearing and determination in each
succeeding year.
E.
Private streets. Private streets shall not be permitted in planned
developments except with the express approval of the City Council.
When allowed, private streets shall, unless the City Council shall
determine that special circumstances relating to the use or location
of the street justify a variation, comply with all standards applicable
to similar public streets, including establishment of easements of
the same width as required rights-of-way. The land area devoted to
private streets and their associated easements shall be excluded in
calculations of allowable density or intensity of development in the
same manner as if dedication of a public street had been required.
F.
Guaranties of completion. No application for planned development approval shall be granted unless the Planning Board shall find that the applicant has the financial and technical capacity to complete the development as proposed, has made adequate provision pursuant to § 163-136 of this chapter to guarantee the installation and maintenance of all public improvements and other facilities required to be provided as a condition of any approval granted pursuant to this chapter, has made adequate provision to guarantee performance of all other conditions of the planned development approval and has made adequate provision to guarantee the provision and development of any common open space associated with the proposed development.
G.
Other regulations. No application for planned development approval shall be granted unless the Planning Board shall find that, in addition to complying with each of the general standards made applicable to all planned developments by this section and each of the specific standards made applicable to the proposed development by the section of this article applicable to the particular type of development being proposed, the proposed development complies with all of the standards applicable to conditional uses pursuant to Part 5, Article XXVI, of this chapter; all of the standards applicable to site plans/subdivision plats pursuant to Part 5, Articles XIX through XXV, of this chapter; all of the standards, except to the extent waived, varied or modified pursuant to the provisions of this chapter, applicable in the zoning district in which the proposed development will be located; and all other standards made applicable to the proposed development by other federal, state, county and City laws, ordinances and regulations to which it is subject.
H.
All utilities shall be placed underground to the maximum extent feasible
for all new major development. For the purpose of this subsection,
"major development" shall be defined as a major subdivision, the development
of four or more existing lots, and/or the creation of four or more
dwelling units.
[Added 10-16-2019 by Ord.
No. 42-2019]
A.
Purpose. Pursuant to N.J.S.A. 40:55D-45, the New Jersey Municipal Land Use Law, the standards of this section are intended to permit approval of residential cluster developments (RCD), permitting minor modifications of the lot area and dimension, yard, setback, bulk and space requirements, other than minimum lot area per unit and per bedroom requirements and lot coverage requirements, applicable in the various districts established by this chapter, in order to permit the grouping of structures pursuant to a preconceived plan of development. While all of the procedural requirements applicable to other planned developments are applicable to residential cluster developments, it is anticipated that, because neither use nor density may be modified, many applications for such development will be uncomplicated and readily expedited through the required administrative process. Requests for waiver of submission requirements as authorized by the provisions of Part 5, Articles XIX through XXV, of this chapter applicable to site plans/subdivision approval will, whenever appropriate in light of the nature of the application, be favorably received by the Planning Board.
B.
Minimum tract size. No residential cluster development shall be approved
for development on a tract containing less than two acres.
C.
Use standards. No use shall be authorized by a residential cluster
development permit except uses permitted or permissible in the district
in which such development is to be located. Approval of a residential
cluster development for a use requiring any special approval pursuant
to the provisions of this chapter shall not excuse the requirement
of obtaining such special approval.
D.
Density and coverage standards. No permit for a residential cluster
development shall authorize any increase in the overall density or
intensity of development nor any increase in the overall lot coverage
permitted by the district regulations applicable in the district in
which such development is to be located.
E.
Open space. No dwelling unit in a residential cluster development shall be located on a lot having less than the minimum lot area required by the regulations of the district in which it is located, unless an area at least equal to any deficiency below said minimum is provided and maintained as part of a common open space for the benefit of the inhabitants of said unit pursuant to the provisions of § 163-158D of this chapter.
F.
Other standards. The standards set forth in this section are in addition
to all other standards made applicable to the particular residential
cluster development being proposed by the provisions of this chapter,
and no application for approval of a residential cluster development
shall be approved unless all such other standards, including but not
limited to those relating to conditional uses, planned developments,
site plan/subdivision approval and the district in which the proposed
development will be located, have been met or, where permitted, waived
pursuant to the applicable provisions of this chapter. Except to the
extent expressly varied by the provisions of this article or any approval
granted pursuant to them, the standards of the district in which the
residential cluster development is located shall govern.
A.
Purpose. The standards of this section are intended to permit approval
of residential planned unit developments (RPUD) to provide for the
development of residential planned developments as a single entity,
according to a plan, containing one or more residential clusters,
together with appropriate commercial, public and quasi-public uses,
intended primarily for the benefit of the residential development.
B.
Minimum tract size. No residential planned unit development shall
be approved for development on a tract containing less than two acres.
C.
Use standards. Except as provided in the following subsections, no
use shall be authorized by a residential planned unit development
permit except uses permitted or permissible in the district in which
such development is to be located. Approval of a residential planned
unit development for a use requiring any special approval pursuant
to the provisions of this chapter shall not excuse the requirement
of obtaining such special approval.
(1)
For any tract having a minimum contiguous area of more than
one City block or four acres, whichever is less, housing types other
than those permitted in the district may be allowed up to a maximum
of 30% of the total number of dwelling units permitted.
(2)
Nonresidential uses may be permitted in a residential planned
unit development in accordance with the following schedule:
|
Total Dwelling Units in Development
|
Floor Area of Nonresidential Uses Permitted Per Dwelling
Unit
(percent of gross area)
| |
|---|---|---|
|
1 to 299
|
0
| |
|
300 to 1,000
|
10
| |
|
1,000 or more
|
20
|
D.
Density and floor area standards. Except as provided in the following
subsections, the density and floor area ratio permitted in any portion
of a residential planned unit development shall not exceed the density
and floor area ratio permitted in the district in which such portion
of such development is to be located.
(1)
The density and floor area ratio permitted in a residential
planned unit development may be increased by a maximum of 30%, based
upon a finding of the Planning Board that the location, siting, layout,
landscaping and design features incorporated into the development
make a substantial contribution to energy conservation.
(2)
In determining the amount of density bonus to be granted, the
Planning Board shall consider, among other elements, at least the
following:
(a)
Location [a maximum increase of 5%].
[1]
Location close to existing roads, public transportation lines
and stations.
[2]
Location close to existing activity centers.
[3]
Location contiguous to previously developed land.
[4]
Location close to employment centers.
[5]
Pedestrian and bicycle lanes separate from road systems and
connecting residential areas in major activity centers.
[6]
Minimal central road network preserving the natural landscape
to the greatest practicable extent.
[7]
Provision of facilities supporting the convenient use of public
transportation.
(b)
Siting, layout and landscaping [a maximum increase of 10%)].
[1]
Maximum preservation and use of energy-efficient landscaping
and other natural environmental features.
[2]
Lot and building arrangement and orientation to permit solar,
wind or total energy systems and to shelter buildings from temperature
extremes.
[3]
Energy-conserving vegetation planted where most effective.
E.
Open space. Usable open space shall be provided in amounts not less
than indicated by the following schedule:
|
Density
(dwelling units per acre)
|
Green Area
(percent of gross area)
| |
|---|---|---|
|
1 to 14
|
0
| |
|
15 to 29
|
30
| |
|
30 to 49
|
40
| |
|
50 or more
|
50
|
F.
Other standards. The standards set forth in this section are in addition
to all standards made applicable to the particular residential planned
unit development being proposed by the provisions of this chapter,
and no application for approval of a residential planned unit development
shall be approved unless all such other standards, including but not
limited to those relating to conditional uses, planned developments,
site plan/subdivision approval and the district in which the proposed
development will be located, have been met or, where permitted, waived
pursuant to the applicable provisions of this chapter. Except to the
extent expressly varied by the provisions of this article or any approval
granted pursuant to them, the standards of the district in which the
residential planned unit development is located shall govern.
A.
Purpose. The standards of this section are intended to permit approval
of resort planned developments (RPD) and to permit and encourage the
development of carefully planned and designed developments to accommodate
resort uses in connection with casinos.
[Amended 6-15-1988 by Ord. No. 1-1988]
B.
Minimum tract size. No resort planned development shall be approved
for development in the RS-C District on a tract containing less than
the minimum lot area required by the RSC District regulations for
development of a casino hotel.
[Amended 6-15-1988 by Ord. No. 1-1988]
C.
Use standards. Except as provided in Subsections C(1) and (2) below, no use shall be authorized by a resort planned development permit except uses permitted or permissible in the RS-C District. Approval of a resort planned development for a use requiring any special approval pursuant to the provisions of this chapter shall not excuse the requirement of obtaining such special approval.
D.
Yard, space and bulk standards. The yard, space and bulk standards
made applicable to casino hotels by the RS-C District regulations
shall apply to all resort planned developments established in the
RS-C District and in the area designated as "Marina Planned Unit Development"
on the Zoning Map.
[Amended 6-15-1988 by Ord. No. 1-1988]
E.
Parking. Parking regulations applicable in the RS-C District shall
apply to resort planned developments, except that 100% of the parking
requirements of a resort planned development located in the area designated
as "Marina Planned Unit Development" on the Zoning Map may be met
in parking garages located on the site of such development.
F.
Relocation of displaced persons.
(1)
Except as provided in Subsection F(2) below, no application for resort planned development shall be approved unless the application contains an acceptable plan for the relocation of individuals residing in the location of the proposed resort planned development.
[Amended 6-15-1988 by Ord. No. 1-1988]
(2)
A relocation plan shall not be required if the facility proposed
for a resort planned development consists of fewer than 25 units or
the facility proposed for a resort planned development is owned by
the residents thereof.
(3)
No relocation plan shall be approved unless it provides that
prior to displacement there are comparable replacement dwellings available
to those persons to be displaced by the proposed resort planned development
which are:
(a)
Decent, safe and sanitary;
(b)
In an area not subjected to unreasonable adverse environmental
conditions from either natural or man-made sources, and in an area
not generally less desirable nor less accessible with regard to public
utilities and services, schools, churches, recreation, transportation
and other public and commercial facilities;
(c)
Reasonably accessible to the displaced person's place of employment
or potential employment;
(d)
Adequate in size, facilities and amenities to accommodate the
needs of the displaced person and his family;
(e)
Available on the market at a rental or price within the financial
means of the displaced person.
G.
Contribution to City programs. No resort planned development shall
be approved unless acceptable provisions have been made pursuant to
the standards for parking, transportation, housing and beautification
programs included in the City's Master Plan.
H.
Other standards. The standards set forth in this section are in addition
to all standards made applicable to the particular resort planned
development being proposed by the provisions of this chapter, and
no application for approval of a resort planned development shall
be approved unless all such other standards, including but not limited
to those relating to conditional uses, planned developments, site
plan/subdivision approval and the district in which the proposed development
will be located, have been met or, where permitted, waived pursuant
to the applicable provisions of this chapter. Except to the extent
expressly varied by the provisions of this chapter or any approval
granted pursuant to them, the standards applicable in the RS-C District
shall govern resort planned developments.
A.
Purpose. The standards of this section are intended to permit approval
of commercial planned developments (CPD) to provide for the development
of commercial planned developments to integrate a broad range of commercial,
governmental, cultural, transportation and transient-oriented uses
with the City's most valuable tourist attractions and activities in
order to revitalize and promote the City's Central Business District.
B.
Minimum tract size. No commercial planned development shall be approved
for development on a tract containing less than two acres or a City
block, whichever is less.
C.
Use standards, general. No use shall be authorized by a commercial
planned development permit except uses permitted or permissible in
the CBD District. Approval of a commercial planned development for
a use requiring any special approval pursuant to the provisions of
this chapter shall not excuse the requirement of obtaining such special
approval.
[Amended 6-15-1988 by Ord. No. 1-1988]
D.
Height regulations. A commercial planned development permit may authorize
structures in a commercial planned development to exceed the maximum
height otherwise permitted in the CBD District by not more than 30
feet.
E.
Other standards. The standards set forth in this section are in addition
to all standards made applicable to the particular commercial planned
development being proposed by the provisions of this chapter, and
no application for approval of a commercial planned development shall
be approved unless all such other standards, including but not limited
to those relating to conditional uses, planned developments, site
plan/subdivision approval and the district in which the proposed development
will be located, have been met or, where permitted, waived pursuant
to the applicable provisions of this chapter. Except to the extent
expressly varied by the provisions of this article or any approval
granted pursuant to them, the standards established by the commercial
district regulations applicable to the CBD District shall govern commercial
planned developments.
A.
Purpose. The standards of this section are intended to permit approval
of industrial planned developments (IPD) to encourage the development
of light industrial uses in a single development according to a plan
designed to achieve the purposes for which plan unit developments
may be approved pursuant to this article.
B.
Minimum tract size. No industrial planned development shall be approved
for development on a tract containing less than 10 acres.
C.
Use standards. No use shall be authorized by an industrial planned
development permit except uses permitted or permissible in the Light
Industrial District. Approval of an industrial planned development
for a use requiring any special approval pursuant to the provisions
of this chapter shall not excuse the requirement of obtaining such
approval.
D.
Yards, screening and landscaping. The yard, screening and landscaping
requirements made applicable to industrial developments by the L-I
District regulations may be waived by the Planning Board in approving
an industrial planned development; provided, however, that no such
waiver shall be granted with respect to yards abutting the perimeter
of the industrial planned development tract.
E.
Other standards. The standards set forth in this section are in addition
to all standards made applicable to the particular industrial planned
development being proposed by the provisions of this chapter, and
no application for approval of an industrial planned development shall
be approved unless all such other standards, including but not limited
to those relating to conditional uses, planned developments, site
plan/subdivision approval and the district in which the proposed development
will be located, have been met or, where permitted, waived pursuant
to the applicable provisions of this chapter. Except to the extent
expressly varied by the provisions of this chapter or any approval
granted pursuant to them, the standards applicable in the L-I District
shall govern industrial planned developments.
[Amended 6-15-1988 by Ord. No. 1-1988]
A.
Purpose. The standards of this section are intended to serve as an
overlay district for the Riverside RM-1 District. The district is
generally bounded by Absecon Boulevard, Grammercy Avenue, Penrose
Canal and the Clam Thoroughfare. The purpose of providing the planned
unit, mid-rise residential development program outlined herein is
to maximize the ability of utilizing large tracts of land with waterfront
and highway orientation common to this district. The ability to provide
comprehensive development planning, incorporating the last remaining
resources of vacant parcels of land oriented to water and highway
conditions is an important ingredient in planned unit development.
Accordingly, the overlay district is presented to provide for the
planned development of such limited land resources.
B.
Minimum tract size. No residential planned unit development of this
nature shall be approved for development on a tract containing less
than five acres.
C.
Use standards. Except as provided in the following subsection, no
use shall be authorized by a residential planned unit development
permit except uses permitted as herein indicated:
(1)
Residential development in the form of townhouses, multifamily
dwellings and mid-rise residential structures, not exceeding 100 feet
in height.
(2)
Commercial facilities shall be permitted which are supportive
of the residential facilities in the complex. These shall include
but not be limited to retail sales and service facilities to neighborhood
service centers.
(3)
Marina facilities providing both dockage and first echelon services,
such as gas, supplies, etc., to service marina users and accessory
clubhouse facilities shall be permitted as part of an overall residential
mid-rise planned unit development (RMR-PUD).
D.
Density standards. Density for the Residential Mid-Rise Planned Unit
Development District shall not exceed 26 units per gross acre. Given
the comprehensive planned unit development approach to the design
and development of such a district, the commercial and marina land
mass shall not be deducted from the total residential permitted density
since these are supportive facilities which will be designed to function
collectively.
E.
Building heights. The following heights shall be applicable within
the Residential Mid-Rise Planned Unit Development Overlay District:
F.
Urban design considerations. The implementation of planned unit residential
development requires that design considerations, dealing with siting,
layout, landscaping, incorporation of design features, creation of
water's edge conditions, energy conservation, be initiated to make
a substantial contribution to the overall appearance and aesthetic
quality of the facility. The ability to utilize mid-rise towers at
critical locations on the site, incorporating them in the overall
lot and building arrangement, requires that strong consideration be
given to landscaping, signage, building orientation, water's edge
treatment, traffic and circulation, etc.
G.
Other standards. Standards applying to parking, landscaping, energy
conservation and other applicable urban design standards incorporated
in this chapter shall pertain herein.
[Added 5-7-1981 by Ord. No. 32-1981]
A.
Purpose. The standards of this section are intended to permit approval
of the commercial planned development of piers existing in the Beach
District and the upgrading of existing piers in the district as viable
environmental, commercial, cultural, recreational or traditional boardwalk
elements, which may be referred to herein as a "commercial planned
development pier."
B.
Other standards. The standards set forth in this section are in addition to the standards set forth in Subsections A, B, C, E, F and G of § 163-158 of this chapter. The standards set forth in Subsections D and E of § 163-158 of this chapter shall not be applicable to commercial planned developments of piers.
C.
Minimum tract size. There shall be no minimum tract size for a commercial
planned development pier. The size of such a planned development shall
be determined by the property lines of the tract of which the existing
pier is a part.
D.
Uses. The permitted and conditional uses on a commercial planned
development pier are indicated, according to major generic use categories,
on the schedule appearing in the schedule at the end of this chapter.[1] Permitted uses are indicated by the letter "P" and conditional
uses are indicated by the letter "C."
[1]
Editor's Note: See Schedule III, Schedule of Permitted and
Conditional Uses.
E.
Space, bulk and yard requirements.
[Amended 8-6-1997 by Ord. No. 45-1997]
(1)
The maximum height of structures shall not exceed 100 feet above
the Boardwalk level, except that at a point commencing at the midpoint
of the pier, the maximum permitted height shall be 200 feet for unique
entertainment and recreational features having as the basic component
thematic and amusement attributes subject to approval by the Planning
Board.
(2)
No front setback from the Boardwalk is required up to a height
of 35 feet. Above 35 feet, the "front yard setback" is defined as
an imaginary plane extending upward from the Oceanside edge of the
Boardwalk at an angle of 30% from the vertical plane. Up to a height
of 80 feet above the Boardwalk level, a minimum side setback of 12
feet per side shall be provided. Above a height of 80 feet, an additional
18 feet per side shall be required. A rear setback of at least 30
feet shall be provided at the oceanside edge of the pier from pier
level up to height of 80 feet. Above 80 feet, an additional 20 feet
shall be required.
(3)
FRONT LOT LINE
REAR LOT LINE
SIDE LOT LINE
For purposes of the above, the following terms shall have the
meanings herein ascribed to them:
The Boardwalk line separating the pier from the Boardwalk.
The lot line which is parallel to and most distant from the
front lot line, as defined above, and representing the outer edge
of the building plate of the pier along the south edge.
The line representing the outer edge of the building plate
of the pier along the east and west edges.
(4)
The floor area ratio shall be no greater than three.
F.
Accessory uses. Accessory uses are permitted on a commercial planned development pier subject to the provisions of § 163-68 of this chapter.
G.
Sales of alcoholic beverages. The sale of alcoholic beverages shall
be allowed on a commercial planned development pier in accordance
with appropriate state and local laws and regulations.
H.
Loading and delivery. The applicant shall make adequate provisions
for loading and delivery.
[Amended 6-15-1988 by Ord. No. 1-1988]
I.
Parking.
(1)
Patrons. No parking for patrons shall be required unless the
Planning Board finds that the uses included on the commercial planned
development pier generate substantial parking needs beyond the rates
customary for Boardwalk activities and the parking tolerance of the
Boardwalk area, in which case the Planning Board shall prescribe the
necessary parking requirements.
(2)
Employees. Parking for employees shall be provided at the rate prescribed for employees in § 163-70A(3) of this chapter, unless the Planning Board finds that the parking required for employees should be reduced on the basis of mitigating circumstances.
(3)
Location. Required patron parking, if any per Subsection I(1), and employee parking shall be provided as per the provision set forth at § 163-70A(1)(c)[2].
[Amended 6-15-1988 by Ord. No. 1-1988; 8-6-1997 by Ord. No.
45-1997]
J.
Signs. All signs shall be subject to the regulations applicable to
the Resort Commercial District.
[Amended 6-15-1988 by Ord. No. 1-1988]
K.
Development over a period of years. A commercial planned development
pier may be completed in phases or units.[2]
[2]
Editor's Note: Former Subsection I, which dealt with the access
to commercial planned development piers and which immediately followed
this subsection, was repealed 6-15-1988 by Ord. No. 1-1988.
L.
Heliports/helistops. Heliports and helistops shall only be built
upon commercial planned developments at a location which is at least
300 feet oceanward of the average low-tide line. For the purpose of
this section, the "average low-tide line" shall be defined as the
mean low tide line within 500 feet of both the east and west side
of the pier structure upon which a heliport or helistop is being proposed.
[Added 2-28-1990 by Ord. No. 1-1990]
M.
Casino hotels. The following additional standards for casino hotels
apply; however, casinos and casino hotels are not permitted on Garden
Pier:
[Added 8-6-1997 by Ord. No. 45-1997]
(1)
The pier and the land-based casino hotel facility located in
the Boardwalk RSC District and abutting the Boardwalk shall be physically
connected.
(2)
The connecting component, i.e., the structural element between
the pier and the casino hotel, is subject to the following limitations:
(a)
Enclosed space above the Boardwalk.
(b)
Above grade connectors will be designed only for pedestrian
movement with a maximum width of 20 feet and a maximum height of 15
feet, not including structural load bearing members. The connectors
shall have a minimum height of 14 feet six inches above the Boardwalk.
Only one above grade connector over the Boardwalk per pier will be
permitted.
(c)
To the maximum extent possible, the connectors should be constructed
of transparent material and designed in such a fashion to convey a
feeling of spaciousness and openness. Further, to the maximum extent
possible, any signature or architectural theme associated with the
casino hotel or pier should be incorporated into the design elements
of the connectors.
(3)
In furtherance of the purpose in Subsection A, a casino room shall not occupy more than 25% of the total floor area of the pier. However, an additional 10% of the total floor area may be used for casino room space if it is demonstrated, to the satisfaction of the Planning Board, that a unique family entertainment theme is being provided as a major component of the comprehensive pier development. If the existing use of the pier includes youth-oriented entertainment facilities, then the application for development of the pier hereunder shall provide youth-oriented entertainment facilities, either at a readily accessible on-site or at an appropriate off-site location, which youth-oriented entertainment facilities shall be completed within six months of the completion of the project proposed to be developed on such pier. It is understood that the applicant need not replicate the existing youth entertainment facilities, but rather provide such facilities which may reflect traditional and/or nontraditional technological advanced youth-oriented activities designed to further the purpose of this section. If the casino room is at the Boardwalk level of the pier, then it shall have a minimum setback of 25% of the pier's length from the Boardwalk entrances to the pier.
(4)
Hotel rooms shall be limited to 15% of the total floor area
of the pier. However, if hotel rooms are provided in conjunction with
casino space, the combined total of these two uses shall not exceed
50% of total floor area.
(5)
Remaining square footage shall emphasize themed entertainment
and recreational uses.
(6)
Pedestrian promenades having a minimum width of 12 feet shall
be provided along the exterior wall of the pier at each floor containing
public space. Although no specific length or pedestrian access location
are established by this section, those elements should be designed
in such a fashion as to encourage the public to partake in this unique
pedestrian experience and view perspective that only a pier which
is perpendicular to the Boardwalk and extending out over the beach
and ocean can offer.
(7)
Building elevations should contain design elements combining
windows, entrances, setbacks or any combination of architectural elements
and lighting schemes designed to avoid a monolithical architectural
form. The Planning Board reserves the right to undertake architectural
review of all pier design elements.
