Absecon City Zoning Code
ARTICLE XXXIII
Train Station Area Overlay District
§ 224-280 Purpose.
[Ord. No. 23-2007 § 224-265]
The purpose of the Absecon Train Station Area Overlay is to revitalize the area by developing mixed uses, which will add more pedestrian activity, increase trade in the Absecon Central Business District, to encourage pedestrian oriented uses to replace existing vehicle oriented uses, encourage pedestrian links, transit ridership and the development of housing to meet our constitutional obligation to provide for affordable housing. The development of Absecon Train Station Area is intended to create a stronger sense of community in the area, by using the Train Station as a focus; redevelop the old Downtown Central Business District; and connect the Absecon Train Station to New Jersey Avenue.
Nothing contained in this Train Station Overlay section shall supersede in any way Ordinance 4-2004 of the City of Absecon adopting a Redevelopment Plan for Redevelopment Area 1.* Further nothing contained in this Train Station Overlay will supersede the area designated as "In need of Redevelopment" by City of Absecon Council Resolution 209-2000 dated November 16, 2000. If there are any conflicts between the Train Station Overlay regulations and regulations pursuant to Ordinance 4-2004 or Resolution 209-2000 the regulations pursuant to Ordinance 4-2004 and Resolution 209-2000 shall prevail.
§ 224-281 Permitted uses.
[Ord. No. 23-2007 § 224-268]
In order to further the purposes of the Absecon Train Station Area, only the uses set forth in the following sections are permitted when development is pursuant to the requirements of the overlay. A mix of a minimum of 65% residential and maximum of 35% commercial is required as described in this section.
The permitted uses below are also permitted on lands currently owned by NJ Transit, its successors and assigns. The developer is encouraged to include the NJ Transit property in the proposed development. The City Administrator, with approval of the Mayor and Council, may assist with coordination with the NJ Transit and the developer to possibly enter into a joint-venture to construct a shared parking garage, pedestrian access walks and bridges, commercial uses at the platform level and residential units above.
A.
Permitted principal commercial uses.
(1)
The following commercial uses are permitted provided commercial uses do not exceed 35% of the gross floor area of the proposed development not including the floor area for enclosed parking garage providing parking for the development.
(a)
Commuter parking facilities and passenger drop-off and pick-up areas;
(b)
Retail sales and other uses generating pedestrian activity, serving neighborhood residential and commuters, but excluding sale of building materials, plumbing supplies, motor vehicles, boats or swimming pools, large appliances;
(c)
Personal and household services and business services; but excluding vehicle maintenance, repair, auto body, gas stations and similar uses;
(d)
Restaurants and similar establishments selling food and/or beverages, but excluding drive-through windows;
(e)
Day care centers, including nursery schools;
(f)
Public buildings such as municipal offices, police station, library, post office, museum, and similar uses that directly serve the public, but excluding facilities such as public works garage, water treatment plant, electric transformer station, and uses of similar nature;
(g)
Banks and savings and loan institutions including drive troughs.
(h)
Public parks;
(i)
Train stations;
(j)
General Business Offices, Offices for professionals such as architects, attorneys, doctors, engineers, planners and landscape architects.
(2)
The following residential uses are permitted provided residential uses represent a minimum of 65% of the gross floor area of the proposed development, excluding parking garage area.
(a)
Residential units in apartment buildings for rent or for sale as condominium units above commercial uses on ground floor and/or enclosed parking garages. The permitted by-right density shall not exceed six dwelling units per acre without the inclusion of affordable housing. The permitted density is 35 units per acre with the inclusion of 25% affordable housing units as described in Section 224-194. With affordable housing, the density, size, location and number of dwelling units to be determined by market conditions, New Jersey Uniform Construction Code (NJUCC) requirements and the development's conformity with use mix set forth in Section 224-281 and the bulk requirements set forth with Section 224-282.
The lawfully existing uses within the proposed Absecon Train Station Area Overlay at the time of the adoption of this Article will retain their rights to develop/expand their facilities in accordance with the permitted uses and bulk area requirements of the existing underlying zoning districts without seeking relief of the Zoning Board of Adjustment.
§ 224-282 Area, yard and bulk requirements.
[Ord. No. 23-2007 § 224-269]
A.
Minimum lot size: 7,500 square feet.
B.
Minimum lot width: 75 feet.
C.
Maximum building coverage: 65% with the inclusion of affordable housing, 50% without affordable housing.
D.
Maximum impervious coverage: 80% with the inclusion of affordable housing; 60% without affordable housing.
G.
Maximum building height:
(1)
New Jersey Avenue area: Two stories or 28 feet maximum with commercial units at the ground level, offices and or residential units at the second level without the inclusion of affordable housing units; three stories or 35 feet maximum with commercial units at the ground level, offices and or residential units at the second level and residential units at the third level with the inclusion of affordable housing units.
(2)
Train station platform area: Three stories or 35 feet maximum with ground level commercial units, Train Station platform level (or second level) commercial units and residential units at the third level without the inclusion of affordable housing units; four stories or 45 feet maximum with ground level commercial units, Train Station platform level (or second level) commercial units and residential units at the third and fourth levels with the inclusion of affordable housing units;
(3)
Train station platform area with ground level enclosed parking: Four stories or 45 feet maximum with ground level enclosed parking, commercial units at the Train Station Platform Level and residential units at the third and fourth levels without the inclusion of affordable housing units; five stories or 55 feet maximum with ground level enclosed parking, commercial units at the Train Station Platform Level and residential units at the third, fourth and fifth levels with the inclusion of affordable housing units;
(4)
For all buildings the top floor shall be a gable roof design with gable roof dormers with windows.
(5)
The minimum slope of the gable roof shall be six feet in height for every 12 inches of width.
(6)
Roof height shall be measured from the average finish grade around the building to the mean height of the highest gable roof.
(7)
Variable roof heights are required. A minimum 30% of the building must be below the maximum building height.
§ 224-283 Design standards.
[Ord. No. 23-2007 § 224-283]
A.
Within the Train station platform area, incentives should be provided to attract commuter-serving retail and service stores at the train station platform level with apartments conveniently located above the commercial units.
B.
Site and building design and layout will encourage resident, commuters, visitors and other travelers to use the Absecon Train Station with the help of a visible point of identity;
C.
Site and building design and layout shall provide for easy access to the transportation center; continuous and safe sidewalks and pathways that make pedestrian access easy; bike paths and storage location that encourage bicycle access; safe and comfortable places to wait and meet others;
D.
Overall site and building design shall include an environment that is active, human scaled, and visually safe, well lit, attractive areas for parking, drop-off and pick-up; and a sense of safety, security and predictability.
E.
In the New Jersey Avenue area, improvements to all street-front facades shall be required as part of any second floor expansion to include apartments or offices above the commercial units at street level.
F.
Architectural requirements:
(1)
The traditional/historical character of Absecon shall be maintained. An example would be the early 20th century train station or the Absecon Manor at the corner of Ohio Avenue and Station Avenue.
(2)
Natural wood siding, (common 2 2/3 inch height) brick, stone or similar or compatible building materials shall be utilized.
(3)
Traditional late 19th century to early 20th century architectural design is encouraged for all in new construction. Examples of architectural styles that are encouraged include Georgian, Federal, Greek Revival, and Victorian.
§ 224-284 Landscaping and buffers.
§ 224-285 Parking.
[Ord. No. 23-2007 § 224-285]
Parking requirements: Parking shall be determined by the requirements of Section 224-128. The actual parking need shall be determined by the number of employees intended to occupy the facility and the number of residents anticipated to occupy the units 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. The parking generation study shall include all commercial and residential units proposed at the site and what percentage will use public transportation. The parking generation study shall include a time schedule matrix of uses that will share on-site parking. Publications by the Institute of Transportation Engineers (ITE) or the American Planning Association (APA) or other professional associations will be considered.
The Planning Board may consider permitting up to a 30% reduction in required parking pursuant to Section 224-128 for a mix use commercial/residential development with affordable housing units proposed in the Train Station Platform Area within the Absecon Train Station Area Overlay provided the applicant can demonstrate with a parking generation study that patrons and residents will utilize the public transportation. Requests beyond such 30% reduction shall require variance relief.
The Planning Board may consider permitting a 20% reduction in required parking pursuant to Section 224-128 provided an area is reserved for expansion in the event the parking is determined to be necessary by the Planning Board or by the applicant at a future date. If the additional parking is pre-engineered and reviewed by the Planning Board and Planning Board's professionals at the time the original approval is granted, the additional parking can be constructed without returning to the Planning Board provided the additional parking is completed within five years of the original approval being granted. The construction of the additional parking is permitted provided the applicant informs the City Engineer in writing and posts an inspection escrow prior to actual construction taking place.
The New Jersey Residential Site Improvement Standards (RSIS) parking requirements apply to all proposed residential uses. Parking generation can include a shared parking arrangement for accessory uses. In the case were the applicant demonstrates that a reduction in parking is warranted, the planning board will support an application to NJDCA for a waiver from the parking RSIS parking requirements.