Certain uses, activities and structures are necessary to serve
the needs and to provide for the convenience of the citizens of the
city. At the same time, appreciating the fact that any one of them
may be or may become inimical to the public health, safety and general
welfare of the community if located without due consideration to existing
conditions and surroundings, such uses are designated as conditional
uses subject to the standards and regulations hereby established.
These standards and regulations are intended to provide the approving
board with a guide for reviewing applications for conditional uses
as provided for by this chapter. As a result of the review procedure,
the applicant may be required to meet additional standards and regulations
imposed by the approving board during site plan review which are in
keeping with and will further the intent of these standards and regulations.
Such standards and regulations shall be provided for and maintained
as a condition of the establishment and maintenance of any use to
which they are a condition of approval. In acting upon an application
for conditional use approval, the approving board shall be guided
by the following standards and principles:
A.
The use for which an application is being made is specifically listed
as a conditional use within the zone where the property is located,
and the exterior design, arrangement and nature of the particular
use is such that the public health, safety and welfare will be protected
and that reasonable consideration is afforded to the following.
(1)
The compatibility of the proposed use(s) and/or structure(s) within
the existing neighborhood.
(2)
The potential effect that the proposed use(s) and/or structure(s)
will have upon property values.
(3)
The adequacy of the proposed parking and traffic circulation for
the use(s) and/or structure(s) and the potential for traffic congestion
and/or the creation of undue traffic hazards.
(4)
The need for such facility or use(s) to serve the area in which it
is to be located.
(5)
The adequacy of proposed drainage facilities which will serve the
use(s) and/or the structure(s).
(6)
The adequacy of plans for screening any adverse aspects of the use(s)
and/or structure(s) from adjoining properties.
(7)
The adequacy of proposed outdoor lighting.
(8)
Compliance with the standards, principles and objectives of the Master
Plan.
(9)
Compliance with the design standards, general provisions, submission
requirements and other appropriate provisions of this chapter.
B.
Before any permit shall be issued for a conditional use, applications
shall be made to the approving board. The approving board shall grant
or deny the application after public hearing but within ninety-five
(95) days of submission of a complete application or within such further
time as may be consented to by the applicant. Notice of the hearing
for a conditional use shall include reference to all matters being
heard, including site plan and/or subdivision, and the approving board
shall review and approve or deny the subdivision or site plan simultaneously
with the conditional use application. Failure of the approving board
to act within the required time period shall constitute approval of
the application. In reviewing the conditional use application, the
approving board shall review the requirements set forth in this chapter
and shall give due consideration to all reasonable elements which
would affect the public health, welfare, safety, comfort and convenience,
such as, but not limited to, the proposed use(s), the character of
the area, vehicular travel patterns and access, pedestrianways, landscaping,
lighting, signs, drainage, sewage treatment, potable water supply,
utilities and structural location(s) and orientation(s) and shall
conduct a public hearing on the application. Each conditional use
shall be considered as an individual case. In all requests for approval
of conditional uses, the burden of proof shall be on the applicant.
All conditional uses shall require site plan review and approval by
the approving board except local municipal schools.
[Amended 9-21-2005 by Ord. No. 1304-2005]
C.
In approving a conditional use, a time limit of three (3) years from
the date of the approval shall be set forth within which the owner
shall secure a building permit; otherwise the approval shall be null
and void. The approving board may, for good cause shown, extend the
period for securing a building permit for an additional period not
exceeding one (1) year.
D.
If, prior to the issuance of a building permit pursuant to preliminary
and final approval of a conditional use, any of the conditions upon
which the approval was based can no longer be met, no longer exist
or have become significantly altered, the conditional use approval
shall be null and void.
E.
The following is a list of permitted conditional uses which are identified within the schedule of zones in Article III of this chapter. Standards and specifications for each permitted conditional use are set forth herein to enable the applicant to know their extent and limit.
(1)
Churches, synagogues and other similar places of worship. Churches
may be permitted in those districts designated in this chapter upon
application for a permit and upon determination by the approving authority
that the following standards and conditions are met:
(a)
Plans, specifications and plot plans shall be filed with the
approving authority showing overall dimensions, topographic conditions,
the location, dimensions and intended use of existing and proposed
buildings, parking and screening, the relationship of the proposed
use to streets and adjacent properties and other physical features
which might impact upon the general welfare.
(b)
Before issuing a permit, the approving board shall determine
that the following standards are met:
[1]
The minimum lot area shall be forty thousand (40,000) square
feet and the minimum frontage shall be two hundred (200) feet.
[2]
Off-street parking shall be provided at the ratio of one (1)
off-street parking space for each two hundred (200) square feet of
gross floor area or one (1) space for each three (3) occupants permitted
under the applicable fire code regulations, whichever standard yields
the greater number of required spaces. The cumulative parking demand
of all activity areas within the proposed facility or structure shall
be met by on-site, off-street parking areas.
[3]
Driveways shall cross the sidewalk at right angles and shall
be no more than twenty-four (24) feet wide at any point. Driveways
must be at least ten (10) feet from any side lot line and fifty (50)
feet from the intersection of the street lines. No more than two (2)
driveways shall be permitted for each two hundred fifty (250) feet
of street frontage. Pedestrian and driveway movements shall be segregated
to the maximum extent possible.
[4]
The approving authority shall determine that the site plan is
appropriate to the adjacent area. It shall require buffers to protect
surrounding properties from the effect of traffic lights or noise
generated in connection with the use of the property. Such buffer
area shall be constructed in conformance with the provisions of this
chapter, or as supplemented by determination of the Board. The proposed
use at the proposed location shall not adversely effect the property
of adjacent owners. Compatibility with the size and character of adjacent
uses shall be required.
[5]
Ancillary uses such as schools, rectories, convents and other
accessory uses for religious and/or sectarian activities shall not
be permitted as a freestanding use. Said ancillary uses shall only
be permitted when proximate to and accessory to the permitted principal
conditional use, i.e., the place of worship.
(2)
Automobile service stations. The following regulations shall apply
to automobile service stations, automotive repair services and garages,
public garages, filling stations and/or gas stations:
(a)
All storage areas, trash facilities, pits, lifts and working
areas shall be within a building. All lubrications, repair or similar
activities shall be performed in an enclosed building, and no dismantled
parts shall be placed outside.
(b)
All gasoline pumps, air pumps and the islands upon which pumps
are normally located shall be set back from the street line at least
fifty (50) feet and from any other property line at least fifty (50)
feet. A minimum space of twenty-five (25) feet shall exist between
any two (2) islands and between any island and the service station
building.
(c)
No junked motor vehicle or part thereof and no unregistered
motor vehicle shall be permitted outside an enclosed service station
building. Other than employee's vehicles, no more than six (6) motor
vehicles may be stored or located outside a service station building
at any given time, provided that the owners are awaiting the repair
of said motor vehicles.
(d)
The exterior display of nonvehicular equipment for rent or sale
shall be permitted, provided that:
[1]
The area devoted to this purpose is in addition to the minimum
lot size required for a service station.
[2]
The area devoted to this purpose does not exceed ten percent
(10%) of the total area of the entire site.
[3]
The maximum sign area for a service station is not exceeded.
[4]
The location of the equipment being rented or sold does not
interfere with the off street parking requirements for the station
and does not interfere with the traffic circulation indicated on the
approved site plan.
(e)
The proposed use shall be located on a lot not less than twenty
thousand (20,000) square feet, in an area which is not located at
the corner of any dangerous street intersection as determined by Police
Department accident records, and the lot lines of which are located
not less than one thousand (1,000) feet from any school offering courses
of general educational instruction, hospital, church or library and
not less than two thousand (2,000) feet from an existing auto repair
or service station.
(f)
It is intended that service stations be designed compatibly
with other permitted commercial or industrial uses in the zone in
which they are located and that they not be stripped along the available
highway frontage or at each quadrant of a convenient intersection.
(g)
All filling station storage tanks shall be placed in a six-inch-thick
concrete cradle. All filler spouts, vents and gauging and venting
areas shall be covered by a six-inch-thick concrete plate. Emergency
shutoff and venting equipment shall conform to the most recent federal
and state requirements, as they may from time to time be revised.
(h)
Ingress and egress turning movements shall be designed and coordinated
with the access points required for nearby uses, frequency of intersecting
side streets, minimizing left turns off collector and arterial streets
and maintaining building setbacks compatible with the required setbacks
and landscaping.
(i)
No automotive vehicle of any kind may be displayed for sale
or lease from any service station.
(j)
Off-street parking shall be provided at the rate of three (3)
spaces per service bay, plus one (1) space per service vehicle, plus
one (1) space for each employee on the maximum shift.
(k)
Canopies. A cantilevered cover or canopy may be permitted to
extend into the front yard, provided that it is at least thirty (30)
feet from any front property line and maintains the required setback
of the zone.
(l)
Curb cuts and driveways.
[1]
On a comer lot, a driveway shall be at least twenty-five (25)
feet from the street intersection intersecting right-of-way line as
measured along the right-of-way line.
[2]
Driveways shall be no less than twenty-five (25) feet and no
more than thirty (30) feet wide as measured along the right-of-way
line. The driveway shall be flared or slanted at the curbline to facilitate
auto ingress and egress.
[3]
Curb cuts shall be no less than ten (10) feet from any adjacent
property line extended to the curbline.
[4]
Any two (2) driveways giving access to a single street shall
be separated by a curbed island of at least twenty (20) feet.
[5]
A raised curb of at least six (6) inches in height shall be
provided along the street property lines, except for driveway openings.
[6]
There shall not be more than two (2) curb cuts providing access
to any one (1) street.
(m)
Signs.
[1]
Freestanding signs. One (1) freestanding sign shall be permitted,
provided that the aggregate area of all sides of the sign shall not
exceed forty (40) square feet.
[2]
Facade signs. Facade signs shall be allowed on front or side
facades so as not to exceed ten percent (10%) of the square footage
of the facade on which it is located.
[3]
Other signs. Other signs that may be required by state or federal
law shall be allowed, but no other advertising signs shall be permitted.
[4]
All other sign requirements of this chapter shall apply.
[5]
In the case of a multi-use facility, only one (1) freestanding
sign per that facility in total shall be permitted. The placement
of individual signs for individual uses shall not be permitted.
(n)
Lighting. All lighting shall be so designed, arranged and installed
as to reflect all light down and away from adjoining properties and
streets and highways. No strings of multiple lights shall be permitted.
(o)
Pavement. All parking, access and driveway areas shall be paved
with a permanent surface, such as macadam, with proper drainage so
as not to affect adjacent property owners.
(p)
Accessory buildings. All lifts, lubrication equipment, service
pits and goods for sale shall be enclosed within the service stations.
Exterior storage of any vehicle requiring body work or which is inoperable
because of major repairs required shall not be permitted.
(q)
Trash and garbage. A solid enclosed area shall be provided for
the temporary storage of trash, garbage and unusable automotive parts.
Except for tires, all trash shall be stored in tight containers. The
enclosed area shall be so designed that the trash shall not be seen
from a public street or from adjoining properties.
(r)
Fuel tanks. Underground fuel storage tanks shall comply with
all current state and federal requirements.
(s)
Landscaping buffers and screening shall be provided as follows.
In all zones where the above automotive services are permitted as
a conditional use, the following minimum requirements shall be met:
[1]
A minimum landscaped area ten (10) feet wide shall be provided
along all property lines abutting public streets, except where curb
cuts are permitted.
[2]
All buffers and landscaped areas shall be protected from adjacent
parking areas by curbs, or concrete, or wood bumpers at least six
(6) inches in height and securely anchored into the ground.
[3]
Service areas and parking areas shall be screened from abutting
property. A minimum of a six-foot high architecturally solid fence
shall be erected on all property lines except the front property line.
[4]
All street trees and on-site deciduous shade trees shall conform
to the requirements of the Shade Tree Commission.
(t)
Service stations shall be subject to all other requirements
of the zone in which they are located and to all laws of the municipality.
(u)
The use and parking of tow trucks shall be limited to three
(3) per automotive service station.
(3)
High-rise multifamily residential uses. The following regulation
shall apply to the development of high-rise multifamily residential
uses:
(a)
Minimum lot area required: forty thousand (40,000) square feet.
(b)
Minimum lot width required: one hundred seventy-five (175) feet.
(c)
Minimum lot depth required: two hundred (200) feet.
(d)
Minimum front yard setback required: fifty (50) feet.
(e)
Minimum one (1) side yard setback required: fifty (50) feet.
(f)
Minimum total side yard setback required: one hundred (100)
feet.
(g)
Minimum rear yard required: fifty (50) feet.
(h)
Maximum permitted height: one hundred (100) feet.
(i)
Maximum permitted height in stories: ten (10.)
(j)
Maximum permitted building lot coverage: twenty percent (20%).
(k)
Maximum permitted impervious lot coverage: fifty percent (50%).
(m)
Minimum required off-street parking spaces per dwelling unit:
one and five-tenths (1.5) spaces per unit.
(n)
Maximum gross density permitted: forty (40) dwelling units per
acre.
(o)
Minimum distance between buildings: fifty (50) feet.
(p)
Private garage space and parking area for the storage of motor
vehicles shall be permitted.
(q)
Private recreational facilities, such as but not limited to
swimming pools and tennis courts, provided that they are limited to
noncommercial and that all lighting shall be directed away from all
adjacent lots, shall be permitted.
(r)
Minimum building setback from any property line adjoining an
existing single-family residential use or a single-family residential
zone shall be not less than one hundred (100) feet.
(s)
All elevators included in any project shall provide adequate
width and length and shall provide adequate door width for use by
any stretchers or other devices used by the Perth Amboy Emergency
Services agencies.
(4)
Home occupation. In all zones within which a home occupation is permitted,
the following minimum standards shall be met:
[Amended 3-27-2013 by Ord. No. 1668-2013]
(a)
The space devoted to such use does not exceed twenty-five percent
(25%) of the gross floor area of the dwelling unit.
(b)
Such use shall be conducted solely by the residents of the dwelling,
except that no more than two (2) persons who are not residents of
the building may be employed.
(c)
No display of products shall be visible from the street.
(d)
No occupational sounds shall be audible outside the building.
(e)
No equipment shall be used which will cause interference with
radio and television reception in neighboring residences.
(f)
The home occupation does not utilize, handle or store hazardous
wastes or substances.
(g)
The home occupation does not reduce the parking or yard requirement
compliance of the detached dwelling.
(h)
No more than five (5) off-street parking spaces, including residential
parking, shall be required, and all parking shall be screened behind
hedging, landscaping or fencing from the street.
(i)
All home-occupation-related parking must utilize the designated
off-street parking facilities.
(j)
There is no exterior evidence of the home business other than
one (1) nameplate sign identifying the home business, not exceeding
one (1) square foot in area, either attached or freestanding, and
set back at least ten (10) feet from the street right-of-way. However,
under no circumstances shall exterior displays or signs be permitted
in the R-M Residential Zone.
(k)
The home occupation shall comply with the following characteristics:
[1]
It is customarily carried on in a dwelling unit or in a building
or other structure accessory to a dwelling unit.
[2]
It is clearly incidental and secondary to the use of the dwelling
unit for residential purposes.
[3]
The occupation or profession shall be carried on wholly within
the principal building.
[4]
There shall be no exterior storage of materials and no other
exterior indication of the home occupation or variation from the residential
character of the principal buildings.
[5]
No offensive vibration, smoke, dust, odors, heat or glare shall
be produced by the home occupation.
[6]
No traffic shall be generated by any home occupation which is
greater in volume than would normally be expected for solely residential
use.
[7]
No more than two (2) clients, customers, or patrons shall be
permitted at any given time on the premises for business or commercial
purposes. However, in the R-M Residential Zone, no clients, customers,
patients, or patrons shall be permitted at any time.
(5)
Philanthropic or charitable uses. Philanthropic or charitable structures
may be permitted in those districts designated in this chapter if
in compliance with the following standards and conditions:
(a)
A set of plans and specifications and a statement setting forth
full particulars on the operation of the structure or use must be
filed with the approving authority showing dimensions, topography,
location, dimensional use of intended buildings, parking, etc., and
any other physical features which might act as a deterrent to the
general welfare or as deemed necessary by the approving board.
(b)
Front, rear and side yards shall be increased one (1) foot for
each foot by which such proposed building exceeds the height limit
herein established for the district in which it is to be located.
In no case shall any building exceed the height of thirty (30) feet
nor be located on a lot less than one (1) acre in size with a minimum
frontage of two hundred (200) feet.
(c)
Off-street parking space shall be provided in side and rear
yards only, at the rate of one (1) space for each four hundred (400)
square feet of gross floor area, whichever is greater, for philanthropic
or charitable uses.
(d)
All off-street parking provided within thirty (30) feet of any
property line shall be protected from adverse impact upon adjacent
properties through a visual screen of planting not less than four
(4) feet high, of a type or types of planting approved by the approving
board, with buffer areas designed in conformance with this chapter.
(e)
In addition to all other requirements, there shall be provided
one (1) square foot of open space for every one (1) square foot of
building area, in plan, at the ground level.
(6)
Public and private institutions for education, not operated for profit.
Educational uses, including public, parochial or private elementary
or secondary schools, duly licensed by the State of New Jersey, attendance
at which is sufficient compliance with the compulsory educational
requirements of the state, may be permitted as a conditional use in
those zones specified, provided that the use and/or structure shall
adhere to the minimum standards of the particular zone and the following:
(a)
A set of plans, specifications and plot plans shall be filed
with the approving authority, showing overall dimensions, topographic
conditions, the location, dimensions and intended use of existing
and proposed buildings, parking areas, the relationship of the proposed
use to streets and adjacent properties and other physical features
which might impact upon the general welfare.
(b)
Before issuing a permit, the approving board shall determine
that the following standards are met:
[1]
A school site shall have direct access onto an existing or proposed
secondary arterial or collector road as indicated on the Municipal
Master Plan.
[2]
The minimum lot area for an elementary school shall be five
(5) acres plus one (1) additional acre for each one hundred (100)
pupils.
[3]
The minimum lot area for all other schools shall be ten (10)
acres plus one (1) additional acre for each one hundred (100) pupils.
[4]
No building shall be located closer than one hundred (100) feet
to any property line.
[5]
Solid fencing shall be provided along adjoining residential
properties to be so located and of a size and type sufficient to keep
children from entering upon such properties either in the course of
play or in traveling to and from school.
[6]
Buffers and screening shall be provided in accordance with the
provisions of this chapter.
[8]
Nursery schools with an attendance of more than five (5) children
shall be considered educational uses and shall be subject to the provisions
of this section.
[9]
Nursery schools serving more than twenty-five (25) children
shall contain a minimum lot area of one (1) acre plus one (1) acre
for twenty-five (25) children or fraction thereof.
[10]
Permitted signs: one (1) freestanding sign not
larger than ten (10) square feet in area and not exceeding eight (8)
feet in height; in addition, facade signage occupying an area no greater
than five percent (5%) of the front facade.
[11]
Lot coverage shall not exceed thirty percent (30%).
(7)
Public utility facilities, structures and services. Electrical substations,
telephone exchanges, telephone booster stations, gas metering stations,
transformers and water and/or sewer pumping stations may be permitted
in any zone, provided that:
(a)
A statement setting forth the need for and the purposes of the
installation is filed with the approving board.
(b)
The approving board finds that the proposed installation in
the specific location is necessary or convenient for the operation
of the public utility system or for the satisfactory provision of
service to the neighborhood or area in which the particular use is
to be located.
(c)
Utility distribution or collection lines for water, gas, sewerage,
electric and telephone services which are located in a public street
or which service private property in the municipality are exempt from
this subsection.
(d)
Where natural foliage is not sufficient to provide year-round
screening of any utility apparatus appearing above the surface of
the ground, other than utility poles, the applicant shall provide
sufficient live screening or solid fence screening to conceal such
apparatus year-round.
(e)
Any installation under this section to be performed by a servicing
utility shall be subject to inspection and certification by the Municipal
Engineer, unless specifically and documentably exempt by operation
of state law.
(f)
Plans, specifications and plot plans and a statement setting
forth the dimension, location and details of the installation shall
be submitted.
(g)
Proof is furnished to the approving board that the proposed
installation in a specific location is necessary and convenient for
the efficiency of the public utility system to the satisfactory and
convenient provision of service by the utility to the neighborhood
or area in which the particular use is to be located, and further
provided that the design of any building in connection with such facility
conforms to the general character of the zone and will not adversely
affect the safe and comfortable enjoyment of the property rights of
the zone in which it is located, that adequate and attractive fences
and other safety devices will be provided and that sufficient landscaping,
including shrubs, trees and lawn, is provided and will be periodically
maintained.
(h)
All other requirements for the zone in which the use is to be
located shall apply.
(i)
Cellular phone installations provided that they are co-hung
on existing facilities and they are screened and/or camouflaged.
[Added 9-21-2005 by Ord.
No. 1304-2005]
(8)
Quasi-public uses. Quasi-public uses, as defined in this chapter,
may be permitted in those districts designated in this chapter upon
application for a permit and upon determination by the approving authority
that the following standards and conditions are met:
(a)
A set of plans, specifications and a statement setting forth
full particulars on the operation of the use shall be provided.
(b)
It is ascertained that the proposed use is a bona fide nonprofit
organization, operated solely for the recreation and enjoyment of
the members of the organization or for the public good.
(c)
It is ascertained that the proposed use in the proposed location
will not adversely affect the safe enjoyment of property rights or
otherwise adversely affect the compatibility with adjacent properties;
that the design of any structures erected in connection with such
use are in keeping with the general character of the residential area;
and that sufficient landscaping, including trees, shrubs and lawn,
is provided to serve as a buffer between the use and adjoining residential
properties and to ensure an attractive appearance for the use.
(d)
The minimum lot area shall be forty thousand (40,000) square
feet and the minimum frontage shall be two hundred (200) feet.
(e)
No building, structure or active recreational facilities shall
be located within fifty (50) feet of an adjacent residential property
line.
(f)
The maximum membership limit of an organization shall be fixed
at the time of application and shall be commensurate to the amount
of land to be used and the exact nature of the use. No further expansion
shall be made unless additional land is acquired and supplemental
application is made. All elements of the plan shall conform to the
design and performance standards of this chapter.
(g)
The applicant shall be required to establish that the active
membership of the organization shall be equivalent to the maximum
occupancy limitation applicable under all building and fire codes
having jurisdiction for the structure under construction.
(h)
Off-street parking shall be provided at the ratio of one (1)
off-street parking space for each four (4) occupants or one (1) space
per each one hundred (100) square feet of gross floor area, whichever
is greater, for the cumulative occupancy of all activity areas within
the facility or structure.
(i)
Where parking areas are adjacent to a residential zone, a ten-foot-wide
buffer strip, including fences and shrubs, no less than six (6) feet
high shall be provided.
(j)
Landscaping and buffering shall be provided in accordance with
this Article for the zone in which the use is located.
(9)
Storage tanks; tanks for the storage of materials. In the zones specifically
permitting this use, the following standards and criteria shall be
met:
[Amended 9-21-2005 by Ord. No. 1304-2005]
(a)
Maximum tank storage capacity:
[1]
In the M-3 Zone, the capacity of any one (1) storage tank shall
not exceed two hundred fifty thousand (250,000) barrels.
(b)
The proposed tank installation and use conforms to all applicable
federal, state, county, municipal and regional design and safety standards.
(c)
The spacing of tanks to each other or other structures conforms
to the distances established in N.J.A.C. 12:133, as revised.
(d)
The maximum tank height, measured from the top of the foundation
to the top of the shell, is sixty (60) feet in the M-3 Zone, with
an additional five (5) feet of height in either zone to the highest
point of the tank roof or of any vent, rail or other appurtenances.
Thus, in the M-3 Zone, the highest point shall not exceed sixty-five
(65) feet.
(f)
The placement of each proposed group or field of storage tanks
shall be such as to permit sufficient access for firefighting equipment
in compliance with all federal, state, and local requirements. At
a minimum, a twenty-five (25) foot wide fire access strip shall be
established along all sides of each proposed storage tank, or proposed
group or field of tanks, in addition to required buffers. Said strip
shall be free of obstructing structures, parking or loading areas.
Access to the strip shall be maintained from a public street.
(g)
Sufficient information shall be provided to indicate what provisions
for fire protection have been made. Plans shall be reviewed by the
Fire Subcode Official of the municipality.
(h)
Secondary containment shall be designed for proposed storage
tank, with plans submitted detailing the height, thickness, construction
material, drainage and valving design, with calculations submitted
ensuring the positive storage capacity in accordance with N.J.A.C.
Title 7, Chapter 1E "Discharges of Petroleum and Other Hazardous Substances"
and the Code of Federal Regulations 40 CFR 112 "Oil Pollution Prevention".
These standards require a positive storage capacity of the volume
of the largest tank within the containment areas, plus six (6) inches
of rainwater.
(10)
Townhouses. In those zones specifically permitting townhouses
as a conditional use, the following requirements and standards shall
be met:
(a)
The maximum gross density of dwelling units in a townhouse development
shall not exceed ten (10) units per acre for the total lot area.
(b)
The minimum width of any townhouse shall be twenty (20) feet.
(c)
No more than eight (8) townhouse units shall constitute a townhouse
row or attached row of units in one (1) building.
(d)
The townhouses shall be constructed in a staggered fashion so
that the front wall of every two (2) townhouse units is a minimum
of four (4) feet from the front building line of the two (2) townhouse
units on either side.
(e)
Each townhouse unit shall have two (2) means of entrance and
exit separate and apart from that of any other unit.
(f)
Each townhouse unit shall have two (2) exterior walls with window
access to light and air.
(g)
Every dwelling unit shall have a suggested minimum gross floor
area in accordance with the following:
(h)
The following open space requirements shall be met:
[1]
A minimum to twenty-five percent (25%) of the total site area
shall be devoted to open space.
[2]
At least an additional ten percent (10%) of the total site area
shall be developed active and passive recreation facilities.
[3]
Recreation areas may include but are not limited to swimming
pools and related facilities, bicycle and walk paths, tennis courts
or other appropriate facilities.
[4]
For purposes of this provision, open space, open space area
and recreation area shall be exclusive of required front, side and
rear yards, driveways, parking areas and loading or storage areas
and shall be maintained exclusively for residents of the site. All
required open space areas and required recreation areas shall be fully
contiguous and accessible to the residential development which they
serve.
(i)
A planted buffer area shall be provided along all exterior lot
lines. The buffer shall be a minimum width of ten (10) feet. Planting
material shall be at least six (6) feet in height at the time of planting.
(j)
All areas not devoted to structures, parking areas and other
required uses shall be landscaped in accordance with a approved landscape
plan. Wherever possible, natural features and existing trees shall
be preserved.
(k)
Parking areas, driveways and walkways shall be illuminated,
screened and buffered with shade trees and evergreens.
(l)
All street, roads, driveways and other public improvements shall
be constructed and maintained in accordance with this chapter.
(11)
Two-family dwellings. In those zones specifically permitting
two-family dwellings as a conditional use, the following requirements
and standards shall be met:
[Added 9-21-2005 by Ord.
No. 1304-2005]
(a)
Minimum lot area — five thousand (5,000) square feet.
(b)
Minimum lot width — fifty (50) feet.
(c)
Minimum lot depth — one hundred (100) feet.
(d)
Minimum front yard setback — twenty (20) feet.
(e)
Minimum one (1) side yard setback required — five (5)
feet.
(f)
Minimum total side yard setback required — ten (10) feet.
(g)
Minimum rear yard — thirty (30) feet.
(h)
Maximum permitted height — twenty-eight (28) feet.
(i)
Maximum number of stories — two (2.0).
(j)
Maximum lot coverage by building — thirty-five percent
(35%).
(k)
Maximum impervious coverage — forty-five percent (45%).
(l)
Minimum gross floor area per dwelling unit — eight hundred
fifty (850) square feet.
(m)
Minimum distance between buildings — six (6) feet.
(12)
Clubs. In those zones specifically permitting clubs as a conditional
use, the following requirements and standards shall be met:
[Added 9-21-2005 by Ord.
No. 1304-2005]
(13)
Billboards. In those zones specifically permitting billboards
as a conditional use, the following requirements and standards shall
be met:
[Added 9-21-2005 by Ord.
No. 1304-2005]
(a)
Billboards shall be located and erected to be visible to Route
440 traffic only, and be of monopole support construction.
(b)
Billboards shall be in compliance with all local, state and
federal requirements.
(c)
Billboards shall not be illuminated.
(d)
Billboards shall not exceed two hundred fifty (250) square feet
in area.
