Absecon City Zoning Code
ARTICLE XXX
Bed and Breakfast Guest House Overlay District
§ 224-230 Purpose.
[Ord. No. 20-99 § 224-230]
A.
The purpose of the Bed and Breakfast Overlay District is to encourage the utilization of existing residential structures fronting on Shore Road with sufficient control to preserve the residential character and architectural integrity of the structures; to strengthen the City's economic base by allowing an alternative use to assist with the high maintenance costs required to protect, enhance and preserve the existing structures; to establish and improve property values; to foster economic development; to manage growth; and to preserve and protect the architectural assets of the City of Absecon City.
B.
The purpose of this Article is to expand the property owner's rights to utilize their property by offering another alternative to the uses currently permitted in the R-1 and R-2 Zones with controls to protect the residential character of Shore Road.
C.
The following is a list of currently permitted uses other than purely single family residential uses that are permitted without buffer requirements, planning or zoning board review and without a prohibition of parking in the front yards, and without architectural requirements and are permitted by state statute and do not require planning or zoning board approval.
(1)
Congregate dwellings as defined by NJDCA Division of Codes and Standards.
(2)
Community residences for the developmentally disabled or mentally ill with maximum of 15 occupants.
(3)
Community residents for victims of domestic violence with a maximum of 15 occupants.
(4)
Community residences for persons with head injuries with a maximum of 15 occupants.
(5)
Community residences for the terminally ill with a maximum of 15 occupants.
(6)
Family day care homes with up to five children plus care provider and children of the care provider.
(7)
Group homes with a maximum of 12 children.
D.
The following is a list of currently permitted uses other than purely single family home residential use and congregate dwellings that are permitted without buffer requirements and without a prohibition of parking in the front yards, and without architectural requirements:
(1)
Parks, playgrounds and other publicly owned recreational uses or structures.
(2)
Public utility sub-stations (with eight-foot minimum planted buffer).
(3)
Customary home occupants, such as dressmaking, preserving or millinery conducted solely by the inhabitants.
(4)
Home professional offices (R-2 Zone only).
E.
The traffic on Shore Road has increased substantially over the last 20 years. The Zoning Board of Adjustment has granted numerous use variances permitting nonresidential uses over the years. The Zoning Board has cited justification for granting such uses describing Shore Road as "being too crowded and congested and presents a hazard to single family use" as far back as 1981.
F.
As the traffic volume of Shore Road increases, the marketability of the existing single family uses will become more difficult. This can only translate into a reduction in property values. Lower property values will make it more practical for congregate dwellings or community residences to appear along Shore Road similar to those that exist on North Shore Road (AKA South New York Road) in Galloway Township.
§ 224-231 Guidelines and criteria for approval of bed and breakfast guest house as a conditional use.
[Ord. No. 20-99 § 224-231]
Conditional use shall only be permitted upon a showing that such use at a specified location will comply with the conditions and standards for the location or operation of such use as contained in this Section 224-231.
All applications for conditional use will be reviewed with consideration given to the general compatibility to architectural values of the structure (existing or proposed). Use shall not adversely affect the uses in the adjacent or surrounding areas.
A.
Bed and Breakfast Guest House Overlay District location. Bed and breakfast guest house use is permitted as a conditional use on lots fronting on Shore Road along the entire length of Shore Road from Galloway Township to The City of Pleasantville situated in R-1 and R-2 Zones.
B.
Definition of bed and breakfast guest house. For the purpose of the Bed and Breakfast Guest House Overlay District, the term "bed and breakfast guest house" shall be defined as: A guest house containing individual guest rooms that provide overnight accommodations for transient lodging accommodations to the general public. The bed and breakfast guest house shall conform to the following requirements:
(1)
Bed and Breakfast shall conform to NJUCC and all local and state life safety codes.
(2)
The owner(s) shall be required as a continuing and permanent condition of the approval to reside in the premises as their domicile.
(3)
Minimum of four guest rooms with private baths, plus owners' unit.
(4)
Maximum of 14 guest rooms with private baths, plus owners' unit.
(5)
Majority of units shall have access to the outside through lobby.
(6)
A lobby/common sitting room and common dining room shall be provided as a minimum.
(7)
Accommodations to serve meals only to the registered guests shall be provided.
(8)
The maximum length of stay per guest room shall not exceed seven successive days. A minimum two-week separation of time between stays are required for the same individuals.
(9)
Maximum occupants per guest room shall not exceed two persons.
(10)
No cooking facilities shall be permitted in any room other than the main kitchen.
C.
Architectural requirements.
(1)
The residential character of the property and dwelling shall not be altered.
(2)
Natural wood siding, (common 2 2/3 inch height) brick, stone or similar or compatible building materials shall be utilized. (Vinyl or aluminum cannot be used.)
(3)
Traditional turn of the century or earlier architectural design is encouraged for additions, alterations or all new construction. Examples of architectural styles that are encouraged include Georgian, Federal, Greek Revival, and Victorian. (See Appendix 1a-d on file in the office of the City Clerk.)
(4)
All new construction, additions, alterations, and/or renovations to structures shall be compatible to the architectural design of the existing structures on-site and on surrounding property.
(5)
All guest rooms must be attached to the principal building, with exceptions to conditions described in paragraph C(6) below.
(6)
Existing accessory buildings such as garages, carriage houses, pool houses and the like may also be converted to guest room(s) provided addition(s) do not exceed 20% of the original accessory structure.
(7)
It is acknowledged that additions may be necessary to allow for compliance to NJUCC barrier free requirements.
D.
Hours of operation. For bed and breakfast guest houses, the hours of operation shall be 24 hours a day.
When a proposed condition use does not comply with any of the conditions and standards set forth in Section 224-231, a variance pursuant to N.J.S.A. 40:55D-70d(3) from the Zoning Board of Adjustment shall be necessary. However, it is in the public interest to recognize the traditional residential appearance of the area and to allow the grant of variances pursuant to N.J.S.A. 40:55D-70c by the Planning Board for certain pre-existing, nonconforming front, side and rear setbacks and for the possible expansion or extension thereof. |
§ 224-232 Bulk and area requirements.
[Ord. No. 20-99 § 224-232]
A.
Lot area: 20,000 square feet min.
B.
Building coverage: 40% max.
C.
Impervious coverage: 60% max.
D.
Front yard setback: 20 feet min.
E.
Side yard setback: 20 feet min.
F.
Rear yard setback: 30 feet min.
G.
Building height: 35 feet max. (Three stories).
Architectural features, such as clock towers, chimneys, cupolas, captain walks, etc. can be 40 feet high.)
H.
Lot width: 100 feet min.
I.
Buffer strip is required along all side and rear lot lines that adjoin an existing residential use. The purpose of this buffer is to screen the view of automobiles in parking areas and reduce the glare of the automobile headlights and reduce noise. The buffer strip adjoining parking areas shall be at least 25 feet in width as measured from the property line and shall consist of any/or a combination of the following: existing trees and shrubs, and new landscaping. The preservation of natural vegetation as part of the buffer strip is encouraged. Additional plantings of trees and shrubs shall be required to insure an effective buffer. The buffer strip shall have sufficient materials to obscure any glare of automobile headlights year round. The maintenance of the buffer shall be the responsibility of the property owner. The Board may grant a reduction in the twenty-five-foot wide buffer strip provided the applicant can demonstrate to the Board and the Board's landscape architect that the reduced buffer can adequately satisfy the purpose described above.
J.
Parking space perimeter setback: twenty-five-foot minimum adjoining residential uses, ten-foot minimum, all other lot lines. Parking is not permitted in the front yard area. Perimeter setback for driveways only at all lot lines — ten-foot minimum.
K.
Pedestrian circulation and vehicle circulation: subject to Planning Board review.
L.
Bulk and area variances:
(1)
The Planning Board may grant relief from the front, side and rear setback requirements as part of the conditional use approval provided the applicant can demonstrate to the Board that the expansion of the existing nonconforming setback is necessary for the practical use and function of the structure and the building configuration advances the architectural character of the existing structure.
(2)
The Planning Board may also grant relief in accordance with N.J.S.A. 40:55D-70c from the lot area and coverage requirements as part of the conditional use approval provided that the applicant can demonstrate to the Board that adequate buffering, parking and stormwater management is being provided.
(3)
The Planning Board may grant relief from the lot width requirements in the case of a pre-existing, nonconforming lot width.
(4)
The Planning Board may grant relief from the building height requirement in the case of a pre-existing, nonconforming building height or provided the applicant can demonstrate to the Board that the proposed height is compatible with adjoining building heights, and the relief sought height does not exceed 10% of the permitted building height.
§ 224-233 Design standard.
[Ord. No. 20-99 § 224-233]
Design standards shall conform to Section 224-77 (where applicable).
§ 224-234 Landscaping and buffers.
[Ord. No. 20-99 § 224-234]
Landscaping and buffers shall conform to Section 224-11, Section 224-78, and any other applicable regulation.
§ 224-235 Parking.
[Ord. No. 20-99 § 224-235]
Parking requirements: The actual parking need shall be determined by the number of employees intended to occupy the business and the number of guests anticipated to occupy the bed and breakfast guest house at peak periods. It is the obligation of the applicant to demonstrate to the Board actual need for parking by the presentation of parking generation studies from authorities on the subject of parking generation. Publications by the Institute of Transportation Engineers (ITE) or the American Planners Association (APA) or other professional associations will be considered. The Board may consider permitting a 20% reduction in required parking provided an area is reserved for expansion in the event the parking is determined to be necessary by the Board at a future date or by the applicant. If the additional parking is pre-engineered and reviewed by the Board and Board's professionals at the time of the original approval is granted, the additional parking can be constructed by the applicant at their discretion without returning to the Board. This is permitted provided the applicant informs the City Engineer in writing and posts an inspection escrow prior to actual construction taking place.
§ 224-236 Lighting.
[Ord. No. 20-99 § 224-236]
Lighting shall conform to Section 224-80 and Section 224-130, which includes the requirement to design lighting to prevent glare upon surrounding properties.
§ 224-237 Signs.
[Ord. No. 20-99 § 224-237]
Sign requirements: All identification signs must be constructed of wood or similar or compatible materials in keeping with architectural design of the building (plastic cannot be used). Only wall mounted or ground sign types are permitted. No internal lit signs are permitted. All signs must be externally lit with light source shielded to prevent glare into the roadway. The total number of signs permitted at the site one wall mounted sign and one ground sign with maximum size of 20 square feet each and minimum letter size of eight inches high. The maximum text area can not exceed 10 square feet for each sign with the remaining area for ornamentation. The maximum sign area on the site shall not exceed 40 square feet. The minimum permitted number of signs and the maximum sign area requirements do not include required barrier free parking/traffic/directional signage necessary at the site.
§ 224-238 Maintenance bond.
[Ord. No. 20-99 § 224-238]
Maintenance bond will be required to insure the maintenance of the landscaping and the exterior of the structure(s). More specifically, the items included in the maintenance bond shall be the following:
A.
Exterior siding and windows.
B.
Parking lot.
C.
Trash enclosure.
D.
Signage.
E.
Exterior paint.
F.
Buffer(s), shrubs, lawn, ground cover, trees.
G.
Any other items deemed appropriate by the Board.
The applicant's professional shall submit an estimate of cost for the annual maintenance of the above listed items for review and approval by the City Engineer. |
The maintenance bond will be renewed annually with the mercantile license. |
§ 224-239 Public notice.
[Ord. No. 20-99 § 224-239]
Public notice shall be required in accordance with N.J.S.A. 40:55D-12.
