Allentown City Zoning Code
§ 28-10.9.4
Uses Permitted With Conditional Use Permit in Residential Zones.
[Added 4-20-2021 by Ord. No. 03-2021]
The following uses may be permitted with a conditional use permit subject to the provisions of this chapter.
a.
Intent.
1.
Recognizing the necessity for certain specific uses, while at the same time appreciating the fact that they may be or may become detrimental to the public health, safety and general welfare of the community if improperly designed or located without due consideration to the existing conditions and surroundings, the standards and procedures in this section are hereby established.
2.
A conditional use is a permitted use, not as a matter of right, but rather at the discretion of the Planning Board based upon satisfactory compliance with articulated criteria and standards as specified herein.
3.
These standards are intended to provide the Planning Board with a guide for the purpose of reviewing applications for conditional uses as provided for by this chapter. In reviewing an application, the Planning Board may act on site plans submitted to it or may suggest modifications and changes. In approving an application, the Planning Board may require, in addition to features specified, such other features of design, in keeping with the intent thereof, that will further the purpose of these standards and regulations. Such features shall be provided and maintained as a condition of the establishment and maintenance of any use to which they are a condition of approval.
4.
Notwithstanding compliance with specific conditional use standards hereinafter set forth, no conditional use will be permitted if the use at the proposed location would be detrimental to the health, safety and general welfare of the community.
b.
Essential public services facilities other than customarily required for providing individual service onsite.
c.
In the HR-40 zone, two-family dwellings, provided that each dwelling unit shall consist of at least two rooms, together with kitchen and bath, and that the minimum floor area of each dwelling unit shall be not less than 800 square feet.
d.
Community residences for more than six and not more than 15 residents, exclusive of residential staff as defined and provided for by the Department of Human Services, N.J.S.A. 40:55D-66 et seq. or as amended.
e.
In the HR-40 zone, zero-lot-line houses wherein one common side yard may be omitted entirely and two houses built semidetached may be permitted in the zone(s), provided that:
1.
Two zero-lot-line houses are built at the same time with a common party wall.
2.
Each remaining other side yard shall have a width equal to the aggregate prescribed for both side yards on any one lot.
3.
If the two lots upon which the zero-lot-line houses are proposed are under separate ownership, then application for conditional use shall be made jointly by both parties.
4.
All adjoining structures shall be constructed so as to be of the same exterior architectural style and design, and no structure shall be constructed, removed, maintained or altered in any manner so as to change the exterior architectural style and/or design of the structure from that of the adjoining structure.