City of Northfield, NJ
Atlantic County
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Table of Contents
Table of Contents
A. 
Recognizing that certain uses, activities and structures are necessary to serve the needs and to provide for the convenience of the citizens of the City and at the same time appreciating the fact that they or any one of them may be or may become inimical to the public health, safety and general welfare of the community or located without due consideration to existing surrounding conditions , such uses are designated as "conditional uses" subject to the standards and regulations hereby established. These standards and regulations are intended to provide the municipal agency 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 municipal agency 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.
B. 
In acting upon an application for conditional use approval, the municipal agency shall be guided by the following standards and principles:
(1) 
The use for which an application is being made is specifically listed as a conditional use within the zone where the property is located.
(2) 
The 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:
(a) 
The compatibility of the proposed use(s) and/or structure(s) within the existing neighborhood.
(b) 
The potential effect that the proposed use(s) and/or structure(s) will have upon property values.
(c) 
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.
(d) 
The need for such facility or use(s) to serve the area in which it is to be located.
(e) 
The adequacy of proposed drainage facilities which will serve the use(s) and/or the structure(s).
(f) 
The adequacy of plans for screening any adverse aspects of the use(s) and/or structure(s) from adjoining properties.
(g) 
The adequacy of proposed outdoor lighting.
(h) 
Compliance with the standards, principles and objectives of the Master Plan.
(i) 
Compliance with the design standards, general provisions, submission requirements and other appropriate provisions of this chapter.
(3) 
All conditional uses shall also be required to obtain site plan approval, unless otherwise specified in this chapter.
(4) 
Conditional uses shall adhere to the additional standards specified for the particular use under this article, except where no additional standards are specified herein.
(5) 
No use specified within this article shall be considered a conditional use unless it is specifically listed as a conditional use in the zone district regulations.
Arcades may be permitted as a conditional use in those zones specified, provided that the use and/or structures shall adhere to the minimum standards of the particular zone and the following:
A. 
The premises on which the mechanical amusement devices within the arcade are located shall be permitted on the first floor of the premises only and shall be so arranged as to permit a clear view of the interior from the exterior at all times and shall have sufficient glass frontage to permit a clear view of the interior of the premises by a code official or law enforcement officer viewing the interior from the exterior of the premises.
B. 
The arcade shall not be permitted to operate between the hours of 12:00 midnight and 9:00 a.m. If said arcade is located within a shopping center or mall or cluster of stores, the arcade shall not be permitted to operate later than the latest established closing time for the surrounding stores, and in no event shall be permitted to operate after 12:00 midnight. Further, every operator of an arcade shall comply with the provisions of Chapter 140, Curfew, of the Code of the City of Northfield, establishing a curfew for minors, and shall not permit any minor who has not attained his/her 16th birthday, unaccompanied by a parent, guardian, or other adult person, to participate in activities within the arcade after the hour of 9:45 p.m.
C. 
Each machine shall be licensed in accordance with the mercantile license of the City of Northfield, and the license shall be conspicuously displayed on the premises. No machine which would otherwise be unauthorized by this chapter shall be permitted to be licensed by the Clerk of the City of Northfield.
D. 
There shall be conspicuously displayed on the premises in capital letters six inches in height a notice stating:
(1) 
The prohibited hours of operations.
(2) 
The fact that no minor unaccompanied by a parent or adult guardian may play the amusement devices after the curfew hour of 9:45 p.m.
E. 
There shall be a buffer area 200 feet in width, and within said two-hundred-foot buffer no arcade shall be permitted to be constructed, erected, maintained, or created. A portion of the lot on which an arcade may be constructed or erected may be within the two-hundred-foot buffer zone. However, no portion of the building area nor parking area shall be permitted within said two-hundred-foot buffer. In addition, no arcade and no mechanical amusement device within an arcade shall be permitted within 500 feet of a church or other religious institution nor within 2,500 feet of any public or private school, and there shall not be permitted any more than one arcade facility containing mechanical amusement devices located within 800 feet of any other arcade, the distance to be measured from building line to building line at their closest points.
F. 
Erection and installation of coin-operated or non-coin-operated mechanical amusement devices as permitted within an arcade shall comply with all local, state and federal fire and safety regulations, statutes and codes. In addition, for each one square foot of floor space occupied, taken up or covered by a machine (to be measured at its widest, deepest and longest points, whether touching the surface of the floor or not), there must be three square feet of open space and space for the unobstructed flow of customers. If machines are located along an aisleway, the minimum width of aisles between the machines shall be 13 feet. In computing "open space" as used in the section, any and all interior sections of the structure reserved for office, rest room, operation, storage, or other facilities shall be deducted and only the actual open unobstructed floor space shall be considered "open" for purposes of this calculation.
G. 
A minimum of two rest rooms must be provided within the arcade or immediately adjacent thereto, one to be designated for each gender.
H. 
During the hours of operation, the arcade must be supervised at all times by at least one responsible adult individual who shall be an employee of the owner or operator of the premises and who shall be responsible for the supervision, maintenance and operation of the premises. At least one such individual shall be visibly present on the premises during all hours of operation.
I. 
There shall be one automobile parking space provided for each four mechanical amusement devices and two bicycle parking spaces provided for each five mechanical amusement devices. The bicycle parking facility shall be affixed to the ground and constructed of steel pipe in a manner approved by the City Engineer.
J. 
No operator shall permit any activity or the operation of any machine which is illegal, immoral or which creates an undue amount of noise or danger of a breach of the peace to occur on the premises.
K. 
Exterior lighting shall be provided on the exterior of the arcade as approved by the appropriate Board of the City of Northfield. Each light shall provide a minimum of 10 footcandles of white light. The building or premises to be used for arcade purposes shall be designed and constructed and sufficiently insulated to provide noise elimination permitting a maximum of 50 dBA of noise measured 25 feet from the arcade, and certification verifying the appropriate insulation rating to establish such decibel maximums shall be submitted to the appropriate board as a condition precedent to granting of conditional approval for the use of the premises as an arcade.
L. 
No operator or owner shall offer or permit to be offered within the premises any prizes or awards, whether in cash or otherwise.
M. 
No operator shall knowingly permit any person convicted of a crime involving moral turpitude to be associated within the ownership, management or operation of the business.
N. 
No gambling devices of any kind whatsoever, including but not limited to any device that dispenses any kind of payoff or reward or any device that has been judicially determined to be a gambling device or declared to be a gambling device under any law of the State of New Jersey, shall be permitted.
O. 
No occupation, other than operation of coin- or non-coin-operated mechanical amusement devices, shall be permitted to be carried on within the premises of the arcade and the arcade shall not be an accessory use to any other occupation or activity permitted within the City of Northfield. This includes, but shall not be limited to, operation of coin- or non-coin-operated vending machines which shall dispense food, beverage, or other commodities. No such vending machine shall be permitted within the arcade.
P. 
In order to obtain approval of the conditional use of the arcade, a site plan must be filed with the application establishing applicant's compliance with Subsections E, F, I, and K, indicating the location of proposed parking for both bicycle and automobile; lighting; compliance with the noise level requirements; distance to the nearest public or private school or religious institution; compliance with all applicable buffer zones; distance to any other existing arcade; and such other requirements as may be imposed by other sections of this chapter.
Automobile service stations may be permitted as a conditional use in those zones specified, provided that the use and/or structures shall adhere to the minimum standards of the particular zone and the following:
A. 
An automobile service station is an area of land, including structures thereon, that is used for the retail sale and direct delivery to motor vehicles of gasoline and lubricating oil, and the making of minor repairs, but not auto body work, welding or painting, nor any repair work in the open. Said use shall be subject to the following regulations.
B. 
No part of any entrance to or exit from any filling station which is capable of accommodating more than five vehicles shall be connected with a public street within 150 feet of any entrance to or exit from public or private grounds, fronting on the same street, road or highway, which grounds are used as a theater, auditorium, church, hospital, school, college, institution for dependents or children, parks, playgrounds, library, museum or other similar place of public assembly.
C. 
No part of any building used as an automobile service station and no filling pumps, car lifts, greasing mechanisms or other service appliances used to service or supply motor vehicles shall be erected within 100 feet of any boundary line of any residential zone. All such car lifts and greasing mechanisms shall be located within an enclosed building.
D. 
No gasoline or oil pump and no other service appliances installed for use in connection with any automobile service shall be so installed or located within 25 feet of any lot line.
E. 
No building used as an automobile service station shall be located within 30 feet of any lot line.
F. 
No automobile service station shall store out-of-doors, in a side or front yard, wrecked or disassembled (either whole or in part) vehicles, boats or used automobile or marine parts, or used supplies or materials thereof. Any storage areas located in a rear yard shall be screened so that no stored vehicle or article shall be visible from the front, side or rear premises or to any adjacent premises and, further, provided that no overnight parking at service stations shall be permitted within 50 feet of a residential zone. No more than three vehicles shall be stored outdoors for any purpose.
G. 
No automobile service station shall be permitted to store or park any vehicles within the required minimum front yard, except such temporary parking as may be necessary in connection with the immediate servicing of customer vehicles.
H. 
All drainage on property shall be diverted to a manufactured treatment device that is a prefabricated stormwater treatment structure utilizing settling, filtration, absorptive/adsorptive materials, vortex separation, vegetative components, and/or other appropriate technology to remove pollutants from stormwater runoff.
[Added 5-22-2007 by Ord. No. 7-2007]
I. 
All outside lighting or electrified signs on such premises shall be so shielded as to prevent glare, whether reflected or not, from any source detectable beyond the boundaries of the premises, and shall not obstruct site distances at intersections nor present safety hazards to traffic.
J. 
Recognizing that the principal buildings used in connection with the operation of auto service or filling stations are generally of a uniform design and size when related to office space, bays, equipment rooms and the like, no such principal building used in such auto service and filling station operation shall be built and used unless it shall have a minimum first floor area of 1,500 square feet, any such other requirement elsewhere contained herein to the contrary notwithstanding.
K. 
No auto service or filling station shall be built on a lot, any part of which is situated within a distance of 500 feet, measured in a straight line, of one or more of the following types of buildings: public school, hospital, church or public library. The aforementioned distance requirements shall apply only to new auto service and filling stations and shall not affect now-established auto service and filling stations in operation.
L. 
No more than three service stations shall be permitted within a linear mile, this being a maximum number only.[1]
[1]
Editor's Note: Original Section 9.4, Community Residences for the Developmentally Disabled and Shelters for Victims of Domestic Violence, which immediately followed this section, was repealed 10-15-2002 by Ord. No. 10-2002.
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 education requirements of the state, may be permitted as a conditional use in those zones specified, provided that the use and/or structures shall adhere to the minimum standards of the particular zone and the following:
A. 
Convents, social halls and similar uses which are accessory to the educational use shall be permitted.
B. 
Nursery schools with an attendance of more than 25 children shall be considered educational uses and shall be subject to the provisions of this section.
C. 
Nursery schools serving more than 25 children shall contain a minimum lot area of three acres plus one acre for each 25 children or fraction thereof.
D. 
Educational uses other than nursery schools whose maximum enrollment is 300 students or less shall have a minimum lot area of five acres and width of 200 feet.
E. 
Educational uses other than nursery schools whose maximum enrollment exceeds 300 students shall adhere to the following:
(1) 
Elementary schools shall have a minimum lot area of five acres, and a width of 200 feet plus one acre for each 25 students or fraction thereof.
(2) 
Secondary schools shall have a minimum lot area of five acres, and a width of 200 feet plus one acre for each 25 students or fraction thereof.
F. 
Educational uses shall be screened from adjacent residential zones or existing residences adjacent to the site in accordance with the provisions of § 215-85 of this chapter and/or shall provide fencing along such property lines as may be deemed adequate by the municipal agency.
G. 
Permitted signs: one freestanding sign not larger than 10 square feet in area and not exceeding eight feet in height; in addition, facade signage occupying an area no greater than 5% of the front facade.
H. 
Building coverage shall not exceed 30%.
Hotels as defined in Article II and offices (SIC 63, 64, 67, 7374, 7392, 86 and 89) may be permitted as a conditional use in the zones specified, provided that the use and/or structures shall adhere to the minimum standards of the particular zone and the following:
A. 
The lot shall have a minimum acreage of five acres.
B. 
The frontage shall be on Tilton Road north of Cresson Avenue with a minimum of 200 feet or two separate entrances with frontage of not less than 50 feet each.
C. 
The minimum lot width at the building line shall be 400 feet.
D. 
The minimum lot depth shall be 400 feet. If the lot has narrow entranceways, the depth shall be measured from where the lot first attains a width of 400 feet.
E. 
Maximum building coverage allowed is 30% of the lot area.
F. 
Maximum lot coverage of impervious surface, including entrance roads, shall not exceed 50%.
G. 
Maximum building height is 10 stories.
H. 
Building setbacks.
(1) 
The minimum setback from Tilton Road shall be 65 feet for any structure three stories or less, with 50 feet additional feet for each story above three stories.
(2) 
Setbacks from adjacent nonresidential properties:
(a) 
Side yard minimum of 20 feet plus 2.5 feet for each story above two stories.
(b) 
Rear yard minimum of 30 feet plus three feet for each story above two stories.
(3) 
Setback from residential properties. All buildings shall be set back a minimum of 30 feet for one- and two-story structures plus 10 additional feet for each story above two stories.
I. 
The buffer required adjacent to a residential zone is a minimum of 30 feet plus 10 feet for each story above two stories.
Nursing homes, as defined in Article II of this chapter, may be permitted as a conditional use in those zones specified, provided that the use and/or structures shall adhere to the minimum standards of the particular zone and the following:
A. 
The site area shall not be less than two acres.
B. 
No structure shall be located closer than 50 feet to any lot line.
C. 
The lot coverage shall not exceed 25% of total lot area.
Places of worship, as defined in Article II of this chapter, may be permitted as a conditional use in those zones specified, provided that the use and/or structures shall adhere to the minimum standards of the particular zone and the following:
A. 
The minimum lot area shall be five acres.
B. 
The minimum lot width shall be 200 feet.
C. 
No principal building shall be located closer than 50 feet to any side or rear property line.
D. 
No accessory building shall be located closer than 30 feet to any side or rear residential property line.
E. 
Maximum building coverage: 15%.
F. 
The height of structures to be constructed may exceed the maximum height requirements of this chapter; provided, however, that the front, rear and side yard requirements set forth above shall be increased by two feet for each foot by which the height of the structure exceeds the maximum height which would be otherwise permitted by this chapter, and further provided that in no case shall any proposed structure exceed 50 feet in height.
G. 
Permitted signs: one freestanding sign not exceeding 10 square feet in area nor six feet in height; facade signage occupying no greater an area than 5% of the front facade of the building to which the sign is attached.
Public and quasi-public recreation areas, including parks, playgrounds, tennis courts, swimming pools and other such activities, may be permitted as a conditional use in those zones specified, provided that the use and/or structures shall adhere to the minimum standards of the particular zone and the following:
A. 
Swimming pools shall be subject to the provisions of § 215-123 of this chapter.
B. 
The minimum lot area shall be five acres.
C. 
The maximum lot coverage by buildings and structures (including swimming pools) shall be 20% of the lot area.
D. 
The minimum unoccupied open space shall be 25%.
E. 
No building, structure, recreation area or parking area shall be located closer than 25 feet to a residential property line.
F. 
The use shall be screened from adjacent residential zones or adjacent existing residences in accordance with the provisions of § 215-85 of this chapter and/or shall provide fencing as may be deemed adequate by the municipal agency.
G. 
Off-street parking requirements shall be determined by the Planning Board, except that where swimming pools are provided, the off-street parking requirements shall be not less than the requirements under § 215-105, plus such additional parking as may be deemed necessary by the municipal agency.
H. 
Permitted signs: one freestanding sign not exceeding 20 square feet in area nor eight feet in height.
Public utility uses, such as water towers, pumping stations, electric substations, transmission lines, switching stations, and radio and other transmission towers which must be provided above ground, may be permitted as a conditional use in those zones specified, provided that the use and/or structures shall adhere to the minimum standards of the particular zone and the following:
A. 
A statement is submitted setting forth the reasons that the proposed installation must be provided above ground in a specific location and why it is necessary and convenient for the efficiency of the public utility system or for the satisfactory and convenient provision of service by the utility to the neighborhood or area in which the particular use is to be located.
B. 
The design of any building in connection with such facility conforms to the general character of the area and will not adversely affect the safe and comfortable enjoyment of property rights of the zone in which it is located.
C. 
Adequate and attractive fences and other safety devices will be provided.
D. 
Sufficient landscaping, including shrubs, trees and lawn, is provided and will be periodically maintained.
E. 
The public utility use and lot meet all the applicable minimum requirements of the district in which it is located, except that it need not have the minimum required lot area.
[Added 10-9-2012 by Ord. No. 9-2012]
The City of Northfield recognizes the need for alternative housing types for older citizens, and, in accordance with the policies of the State of New Municipal Land Use Law, two housing options are permitted, namely, the planned adult community and the senior citizen mid-rise. The purpose of the planned adult community is to provide a garden apartment/condominium apartment setting for adult (55 years and over) citizens. The planned adult community will consist of one- and two-story buildings, containing a maximum of 20 units per building. Each unit will have one or two bedrooms, nearby parking, adequate open space, and recreation facilities will be provided.
A. 
Permitted as a conditional use in the R-1 and R-C Zones only.
(1) 
Senior citizen housing.
(a) 
Planned adult development (one to two stories), minimum seven acres.
(b) 
Mid-rise (three to four stories), minimum 15 acres.
(2) 
Single-family detached in accordance with the standards for the R-1 Zone District.
B. 
Accessory uses.
(1) 
Private garage or storage buildings subject to the provisions of § 215-98.
(2) 
Off-street parking subject to the provisions of § 215-105.
(3) 
Signs subject to the provisions of § 215-113.
(4) 
Fences and hedges subject to the provisions of § 215-95.
C. 
Condition use subject to the conditions in Article X of this chapter.
(1) 
Public utilities.
D. 
Standards and regulations: as specified in the Schedule of Yard, Area and Building Requirements.[1] In addition, the following requirements and standards shall be adhered to:
(1) 
Planned adult community (minimum lot size seven acres).
(a) 
Minimum requirements.
[1] 
Density: 12 units per acre of developable land excluding flood-prone areas, areas with shallow depth to water table (zero inches to 18 inches), and slopes in excess of 10%. Minimum lot area shall be seven acres.
[2] 
Building setback.
[a] 
Fifty feet from any tract boundary line or from any other right-of-way line of a dedicated municipal roadway.
[b] 
Eighteen feet from the curb of an internal roadway where no front yard parking is provided, or 26 feet where front yard parking is provided.
[c] 
Twelve feet from the sidewalk of an internal street.
[3] 
Off-street parking requirements: 1.5 spaces parking requirements.
[4] 
Open space: 40% of the gross tract area, 20% of which shall be included within the net tract area. All open space shall be set aside as permanent common space to be owned in undivided interest by the unit owners.
[5] 
Dwelling units size: No residential dwelling unit on a single floor shall contain less than 650 feet of habitable space.
[6] 
Distance between buildings; Buildings shall be considered facing if the walls form an angle of less than 45°.
[a] 
Where both facing walls contain windows of habitable rooms, 50 feet, but not less than two times the eave height of the building containing the highest habitable room.
[b] 
Where only one of two facing walls contain windows of habitable rooms, 25 feet, but not less than two times the eave height of the highest of the two buildings containing such facing walls.
[c] 
Where neither of two facing walls contain windows of habitable rooms, 25 feet, or the eave height of the highest of the two buildings containing such facing walls, whichever is greater.
[7] 
Recreation areas. Active and passive outdoor recreational areas shall be provided and shall include suitable landscaping, sitting and walking areas as determined by the approving authority. Indoor social, cultural, recreational and meeting facilities shall be required as similarly directed. The gross floor area devoted to such indoor usage shall be not less than 20 square feet per residential dwelling unit.
[8] 
At least 20% of the residential dwelling units shall be for low- and moderate-affordable housing.
(b) 
Maximum regulations.
[1] 
Impervious surfaces: 35% of developed tract area.
[2] 
Maximum building coverage shall be 25%.
[3] 
A maximum of 20 dwelling units shall be permitted in each building.
[4] 
Building height for principal buildings shall be two stories and 28 feet. If parking is proposed under the buildings, the height permitted can be three stories and 38 feet.
(c) 
Buffer.
[1] 
To residential area: 15 feet.
[2] 
To nonresidential area: 25 feet. Existing vegetation can be utilized as part of the landscaping and supplemented as appropriate. The buffer shall be landscaped as detailed in §§ 215-85 and 215-100.
(2) 
Mid-rise building (minimum lot area 15 acres).
(a) 
Minimum requirements.
[1] 
Density: 15 units per acre of developable land excluding flood-prone areas, areas with shallow depth to water table (zero inches to 18 inches), and slopes in excess of 10%. Minimum lot area: 15 acres.
[2] 
Building setback, front yard: 100 feet.
[3] 
Off-street parking: 1.5 spaces per dwelling unit plus one for each full-time employee.
[4] 
Dwelling unit size: Each dwelling unit shall have 1,200 square feet of habitable space.
[5] 
Recreation area: Active and passive outdoor recreational areas shall provide and shall include suitable landscaping, sitting and walking areas as determined by the approving authority. Indoor social, cultural, recreational and meeting facilities shall be required as similarly directed. The gross floor area devoted to such indoor usage shall be not less than 20 square feet per residential dwelling unit.
[6] 
Distance between buildings; Buildings shall be considered facing if the walls form an angle of less than 45°.
[a] 
Where both facing walls contain windows of habitable rooms, 50 feet, but not less than two times the eave height of the building containing the highest habitable room.
[b] 
Where only one of two facing walls contain windows of habitable rooms, 25 feet, but not less than two times the eave height of the highest of the two buildings containing such facing walls.
[7] 
Where neither of two facing walls contain windows of habitable rooms, 25 feet, or the eave height of the highest of the two buildings containing such facing walls, whichever is greater.
[8] 
At least 20% of the residential dwelling units shall be for low- and moderate-affordable housing.
(b) 
Maximum regulations.
[1] 
Impervious surfaces: 30% of gross lot area.
[2] 
Maximum building coverage shall be 20%.
[3] 
Building height shall be four stories or 45 feet.
(c) 
Buffer: 10 feet plus five feet for each 10 feet of building height or part thereof over 15 feet. Existing vegetations can be utilized as part of the landscaping and supplemented as appropriate in accordance with §§ 215-85 and 215-100.
[1]
Editor's Note: Said schedule is included at the end of this chapter.
Restaurants, as defined in Article II, may be permitted as a conditional use in those zones specified, provided that the use and/or structures shall adhere to the minimum standards of the zone and the following:
A. 
The minimum lot size shall be one acre, and minimum lot width shall 200 feet.
B. 
The maximum percentage of building coverage shall be 20%.
C. 
A buffer area of not less than 25 feet in depth shall be established along any lot line contiguous to a residential zone in a C-B District and 50 feet in an R-C District.
D. 
Restaurants shall be an allowed conditional use in all shopping centers within the districts that allows restaurants as a conditional use.
[Added 10-9-2012 by Ord. No. 9-2012]
(1) 
The maximum area of restaurants allowed shall be no more than 20% of the gross floor area of the shopping center.
(2) 
The parking for the restaurant shall be deemed acceptable for the restaurant area up to the 20% allowable.