[Ord. No. 20-99 § 224-230]
A.
The purpose of the Bed and Breakfast Overlay District is to encourage
the utilization of existing residential structures fronting on Shore
Road with sufficient control to preserve the residential character
and architectural integrity of the structures; to strengthen the City's
economic base by allowing an alternative use to assist with the high
maintenance costs required to protect, enhance and preserve the existing
structures; to establish and improve property values; to foster economic
development; to manage growth; and to preserve and protect the architectural
assets of the City of Absecon City.
B.
The purpose of this Article is to expand the property owner's rights
to utilize their property by offering another alternative to the uses
currently permitted in the R-1 and R-2 Zones with controls to protect
the residential character of Shore Road.
C.
The following is a list of currently permitted uses other than purely
single family residential uses that are permitted without buffer requirements,
planning or zoning board review and without a prohibition of parking
in the front yards, and without architectural requirements and are
permitted by state statute and do not require planning or zoning board
approval.
(1)
Congregate dwellings as defined by NJDCA Division of Codes and
Standards.
(2)
Community residences for the developmentally disabled or mentally
ill with maximum of 15 occupants.
(3)
Community residents for victims of domestic violence with a
maximum of 15 occupants.
(4)
Community residences for persons with head injuries with a maximum
of 15 occupants.
(5)
Community residences for the terminally ill with a maximum of
15 occupants.
(6)
Family day care homes with up to five children plus care provider
and children of the care provider.
(7)
Group homes with a maximum of 12 children.
D.
The following is a list of currently permitted uses other than purely
single family home residential use and congregate dwellings that are
permitted without buffer requirements and without a prohibition of
parking in the front yards, and without architectural requirements:
(1)
Parks, playgrounds and other publicly owned recreational uses
or structures.
(2)
Public utility sub-stations (with eight-foot minimum planted
buffer).
(3)
Customary home occupants, such as dressmaking, preserving or
millinery conducted solely by the inhabitants.
(4)
Home professional offices (R-2 Zone only).
E.
The traffic on Shore Road has increased substantially over the last
20 years. The Zoning Board of Adjustment has granted numerous use
variances permitting nonresidential uses over the years. The Zoning
Board has cited justification for granting such uses describing Shore
Road as "being too crowded and congested and presents a hazard to
single family use" as far back as 1981.
F.
As the traffic volume of Shore Road increases, the marketability
of the existing single family uses will become more difficult. This
can only translate into a reduction in property values. Lower property
values will make it more practical for congregate dwellings or community
residences to appear along Shore Road similar to those that exist
on North Shore Road (AKA South New York Road) in Galloway Township.
[Ord. No. 20-99 § 224-231]
Conditional use shall only be permitted upon a showing that such use at a specified location will comply with the conditions and standards for the location or operation of such use as contained in this Section 224-231.
All applications for conditional use will be reviewed with consideration
given to the general compatibility to architectural values of the
structure (existing or proposed). Use shall not adversely affect the
uses in the adjacent or surrounding areas.
A.
Bed and Breakfast Guest House Overlay District location. Bed and
breakfast guest house use is permitted as a conditional use on lots
fronting on Shore Road along the entire length of Shore Road from
Galloway Township to The City of Pleasantville situated in R-1 and
R-2 Zones.
B.
Definition of bed and breakfast guest house. For the purpose of the
Bed and Breakfast Guest House Overlay District, the term "bed and
breakfast guest house" shall be defined as: A guest house containing
individual guest rooms that provide overnight accommodations for transient
lodging accommodations to the general public. The bed and breakfast
guest house shall conform to the following requirements:
(1)
Bed and Breakfast shall conform to NJUCC and all local and state
life safety codes.
(2)
The owner(s) shall be required as a continuing and permanent
condition of the approval to reside in the premises as their domicile.
(3)
Minimum of four guest rooms with private baths, plus owners'
unit.
(4)
Maximum of 14 guest rooms with private baths, plus owners' unit.
(5)
Majority of units shall have access to the outside through lobby.
(6)
A lobby/common sitting room and common dining room shall be
provided as a minimum.
(7)
Accommodations to serve meals only to the registered guests
shall be provided.
(8)
The maximum length of stay per guest room shall not exceed seven
successive days. A minimum two-week separation of time between stays
are required for the same individuals.
(9)
Maximum occupants per guest room shall not exceed two persons.
(10)
No cooking facilities shall be permitted in any room other than
the main kitchen.
C.
Architectural requirements.
(1)
The residential character of the property and dwelling shall
not be altered.
(2)
Natural wood siding, (common 2 2/3 inch height) brick,
stone or similar or compatible building materials shall be utilized.
(Vinyl or aluminum cannot be used.)
(3)
Traditional turn of the century or earlier architectural design
is encouraged for additions, alterations or all new construction.
Examples of architectural styles that are encouraged include Georgian,
Federal, Greek Revival, and Victorian. (See Appendix 1a-d on file
in the office of the City Clerk.)
(4)
All new construction, additions, alterations, and/or renovations
to structures shall be compatible to the architectural design of the
existing structures on-site and on surrounding property.
(5)
All guest rooms must be attached to the principal building,
with exceptions to conditions described in paragraph C(6) below.
(6)
Existing accessory buildings such as garages, carriage houses,
pool houses and the like may also be converted to guest room(s) provided
addition(s) do not exceed 20% of the original accessory structure.
(7)
It is acknowledged that additions may be necessary to allow
for compliance to NJUCC barrier free requirements.
D.
Hours of operation. For bed and breakfast guest houses, the hours
of operation shall be 24 hours a day.
|
When a proposed condition use does not comply with any of the conditions and standards set forth in Section 224-231, a variance pursuant to N.J.S.A. 40:55D-70d(3) from the Zoning Board of Adjustment shall be necessary. However, it is in the public interest to recognize the traditional residential appearance of the area and to allow the grant of variances pursuant to N.J.S.A. 40:55D-70c by the Planning Board for certain pre-existing, nonconforming front, side and rear setbacks and for the possible expansion or extension thereof.
|
[Ord. No. 20-99 § 224-232]
A.
Lot area: 20,000 square feet min.
B.
Building coverage: 40% max.
C.
Impervious coverage: 60% max.
D.
Front yard setback: 20 feet min.
E.
Side yard setback: 20 feet min.
F.
Rear yard setback: 30 feet min.
G.
Building height: 35 feet max. (Three stories).
Architectural features, such as clock towers, chimneys, cupolas,
captain walks, etc. can be 40 feet high.)
H.
Lot width: 100 feet min.
I.
Buffer strip is required along all side and rear lot lines that adjoin
an existing residential use. The purpose of this buffer is to screen
the view of automobiles in parking areas and reduce the glare of the
automobile headlights and reduce noise. The buffer strip adjoining
parking areas shall be at least 25 feet in width as measured from
the property line and shall consist of any/or a combination of the
following: existing trees and shrubs, and new landscaping. The preservation
of natural vegetation as part of the buffer strip is encouraged. Additional
plantings of trees and shrubs shall be required to insure an effective
buffer. The buffer strip shall have sufficient materials to obscure
any glare of automobile headlights year round. The maintenance of
the buffer shall be the responsibility of the property owner. The
Board may grant a reduction in the twenty-five-foot wide buffer strip
provided the applicant can demonstrate to the Board and the Board's
landscape architect that the reduced buffer can adequately satisfy
the purpose described above.
J.
Parking space perimeter setback: twenty-five-foot minimum adjoining
residential uses, ten-foot minimum, all other lot lines. Parking is
not permitted in the front yard area. Perimeter setback for driveways
only at all lot lines — ten-foot minimum.
K.
Pedestrian circulation and vehicle circulation: subject to Planning
Board review.
L.
Bulk and area variances:
(1)
The Planning Board may grant relief from the front, side and
rear setback requirements as part of the conditional use approval
provided the applicant can demonstrate to the Board that the expansion
of the existing nonconforming setback is necessary for the practical
use and function of the structure and the building configuration advances
the architectural character of the existing structure.
(2)
The Planning Board may also grant relief in accordance with
N.J.S.A. 40:55D-70c from the lot area and coverage requirements as
part of the conditional use approval provided that the applicant can
demonstrate to the Board that adequate buffering, parking and stormwater
management is being provided.
(3)
The Planning Board may grant relief from the lot width requirements
in the case of a pre-existing, nonconforming lot width.
(4)
The Planning Board may grant relief from the building height
requirement in the case of a pre-existing, nonconforming building
height or provided the applicant can demonstrate to the Board that
the proposed height is compatible with adjoining building heights,
and the relief sought height does not exceed 10% of the permitted
building height.
[Ord. No. 20-99 § 224-233]
Design standards shall conform to Section 224-77 (where applicable).
[Ord. No. 20-99 § 224-234]
[Ord. No. 20-99 § 224-235]
Parking requirements: The actual parking need shall be determined
by the number of employees intended to occupy the business and the
number of guests anticipated to occupy the bed and breakfast guest
house at peak periods. It is the obligation of the applicant to demonstrate
to the Board actual need for parking by the presentation of parking
generation studies from authorities on the subject of parking generation.
Publications by the Institute of Transportation Engineers (ITE) or
the American Planners Association (APA) or other professional associations
will be considered. The Board may consider permitting a 20% reduction
in required parking provided an area is reserved for expansion in
the event the parking is determined to be necessary by the Board at
a future date or by the applicant. If the additional parking is pre-engineered
and reviewed by the Board and Board's professionals at the time of
the original approval is granted, the additional parking can be constructed
by the applicant at their discretion without returning to the Board.
This is permitted provided the applicant informs the City Engineer
in writing and posts an inspection escrow prior to actual construction
taking place.
[Ord. No. 20-99 § 224-236]
[Ord. No. 20-99 § 224-237]
Sign requirements: All identification signs must be constructed
of wood or similar or compatible materials in keeping with architectural
design of the building (plastic cannot be used). Only wall mounted
or ground sign types are permitted. No internal lit signs are permitted.
All signs must be externally lit with light source shielded to prevent
glare into the roadway. The total number of signs permitted at the
site one wall mounted sign and one ground sign with maximum size of
20 square feet each and minimum letter size of eight inches high.
The maximum text area can not exceed 10 square feet for each sign
with the remaining area for ornamentation. The maximum sign area on
the site shall not exceed 40 square feet. The minimum permitted number
of signs and the maximum sign area requirements do not include required
barrier free parking/traffic/directional signage necessary at the
site.
[Ord. No. 20-99 § 224-238]
Maintenance bond will be required to insure the maintenance
of the landscaping and the exterior of the structure(s). More specifically,
the items included in the maintenance bond shall be the following:
A.
Exterior siding and windows.
B.
Parking lot.
C.
Trash enclosure.
D.
Signage.
E.
Exterior paint.
F.
Buffer(s), shrubs, lawn, ground cover, trees.
G.
Any other items deemed appropriate by the Board.
|
The applicant's professional shall submit an estimate of cost
for the annual maintenance of the above listed items for review and
approval by the City Engineer.
|
|
The maintenance bond will be renewed annually with the mercantile
license.
|
[Ord. No. 20-99 § 224-239]
Public notice shall be required in accordance with N.J.S.A.
40:55D-12.
