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.
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:
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.
(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:
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:
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.
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.
(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.
[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]
