Alpha City Zoning Code
ARTICLE IX
Conditional Uses
§ 410-55 Purpose.
In recognition of innovations and changes in the technology of residential land development which can be beneficial to the future well-being of the Borough but which benefits are unlikely to be realized through the uniform treatment of area, yard and building requirements on a lot-by-lot basis and also in recognition of certain uses which are necessary to serve the needs and convenience of the Borough but which uses may be or become inimical to the public health, safety and general welfare by reason of their inherent nature and/or operation and, therefore, require special and proper consideration of existing and probable future conditions and characteristics of the surrounding area, this chapter provides that such uses are declared to be conditional uses.
§ 410-56 Requirements.
Uses which are specifically authorized in this chapter as conditional uses may be permitted in the particular zone where authorized (Article III, Use Regulations) if found appropriate in the specific location and circumstances upon the approval of such conditional use by the Land Use Board pending site plan review, and such conditional use shall adhere to the minimum standards specified for that particular use by the applicable regulations of this chapter and shall further conform to such other conditions and requirements as may be stipulated in the approval of the conditional use.
§ 410-57 Guidelines.
In its consideration of an application for a conditional use, the Board shall duly consider and take its action within the frame of reference established by the following guiding principles:
A.
Such use shall be one which is specifically authorized as a conditional use in the zone within which such particular site is located.
B.
Such use shall not be contrary to the purpose of this chapter and such use will be beneficial toward achievement of the objectives of the Borough.
C.
Such use shall adhere to the minimum standards specified for that particular use by the Schedule of Area, Yard and Bulk Requirements (§ 410-21), the specific regulations for conditional uses found in this article and all other applicable regulations of this chapter.
D.
The design, characteristics and operation of the use shall be such that the public health, safety and general welfare will be protected and reasonable consideration is afforded to the following:
E.
For every such use the Board shall make its findings supported by evidence produced at a public hearing in the manner provided by law.
§ 410-58 Emergency warning signal device systems. [1]
A.
Specifications and standards. The specifications and standards applicable to the conditional use and which must be affirmatively found by the Land Use Board to have been satisfied prior to the granting of a conditional use permit therefor, shall be as follows:
(1)
The proposed use shall benefit the general public by the protection of the public health and safety through early notification of actual or potential risks to the public health and safety.
(2)
The site chosen for the proposed use shall be appropriate for its intended use, in order that the signal device on that particular site and/or those on other sites in the Borough shall provide for 100% notification of the threatened population.
(3)
Where practicable or feasible, the signal device shall be installed on structures located outside of or at a greater elevation than the projected area of floodwater inundation where the risk is by flooding.
(4)
Where practicable or feasible, the signal device shall be located in areas of highest ambient noise levels and shall be removed, to the greatest extent practicable, from nearby residences.
(5)
The signal device (and/or the system of signal devices) shall achieve a minimum audible warning signal strength throughout the threatened area of 75dB ("A" scale).
(6)
The signal device shall be of such a design and construction and/or shall be so located so as to not expose any member of the public to a signal maximum sound level exceeding 123dB ("A" scale).
(7)
The signal device shall be designed and constructed so as to be reasonably safe and secure from tampering, vandalism and risk to the public health and safety on account of exposure to energized electrical devices or the ability to climb the structure upon which the device is mounted.
(8)
Upon approval of the application and the granting of a conditional use permit therefor, the applicant shall engage in a program of public information, including notification to the Borough emergency services providers, of the purpose, operating modes (signal characteristics) and testing schedule of the signal device.
(9)
The applicant shall cooperate with the Warren County Office of Emergency Management (OEM) and with the providers of the emergency services in the Borough of Alpha, in order that a written plan and specifications for use of the emergency warning devices, including an approved (by all agencies having jurisdiction thereof) evacuation procedures plan, may be established by the OEM.
(10)
The applicant shall demonstrate that the emergency warning device or system is characterized by such redundancy and protective measures which reasonably assure, in accordance with prevailing practices attending such systems, its ability to function when the need for the same arises.
(11)
Height of signal device.
(a)
The maximum overall height of the signal device, including its mounting system (tower, pole, etc.), shall not exceed 65 feet unless it shall be clearly demonstrated to the Land Use Board that a greater height is reasonably necessary to enable the device to serve its intended purpose, in which event the Land Use Board may approve a greater height but in no event a height in excess of 75 feet above the level of prevailing terrain.
(b)
The ability of the Land Use Board to approve an overall height in excess of 65 feet but no greater than 75 feet shall be considered as within the range of the conditional use standards and specifications for maximum or overall height and shall not necessitate a variance pursuant to either N.J.S.A. 40:55D-70c (N.J.S.A. 40:55D-60a) or N.J.S.A. 40:55D-70d(6) therefor.
(12)
The applicant shall demonstrate to the Land Use Board that a plan of ownership, maintenance and operational responsibilities exists so as to assure the continuing ability of the emergency warning signal device system to function when the need for the same arises.
§ 410-59 Adult uses.
A.
Intent and purpose. In the development and execution of this article, it is recognized that there are some uses which, because of their very nature, are recognized as having serious objectionable operational characteristics. It has been determined that strict control and regulation of these uses is required to ensure their operation is maintained in compliance with the law for the preservation of the public peace, health, safety, morals and general welfare of the people of the Borough of Alpha and to prevent their contributing to the blighting and downgrading of the surrounding neighborhoods. The uses subject to these controls and regulations are as follows:
B.
Location restricted. All adult bookstores, adult gift stores and adult motion-picture theaters are specifically prohibited in all zones except the following:
(1)
I Industrial Zone.
C.
Application for conditional use approval. All conditional use applications for adult bookstores, adult gift stores and adult motion-picture theaters shall be reviewed by the Land Use Board in accordance with the requirements set forth in Code of the Borough of Alpha. Additionally, all conditional use applications must be accompanied by a community impact statement as defined hereinbelow. The Land Use Board will review the community impact statement to determine whether there is a need for such a business and what effect, if any, such a business will have on the surrounding areas.
D.
Community impact statement.
(1)
All conditional use applications for adult bookstores, adult gift stores and adult motion-picture theaters must be accompanied by a community impact statement.
(2)
A community impact statement shall contain the following:
(a)
A detailed description of the proposed business; names and addresses of all owners and shareholders, officers and directors thereof; proposed location; description of building and facilities; description of merchandise or services to be sold or otherwise provided; proposed hours of operation; profile of expected customers; projected market area; reference to other similar business operations.
(b)
An analysis of the existing business community within a three-hundred-foot radius of the proposed location, including the following factors, at a minimum:
(d)
The impact of proposed business upon the physical health, mental health and social health and social environment of the Alpha Borough community.
(e)
The names, addresses and signatures of a majority of the eligible registered voters of the Borough of Alpha attesting to the fact that, by evidence of their signature, those signing the community impact statement gave no objection to the type of business to be conducted under Subsection A above.
§ 410-60 Motor vehicle service stations.
Wherever permitted in this chapter, motor vehicle service stations shall conform to the following requirements:
A.
The lot or parcel of land so to be used shall have a street frontage of at least 125 feet and an average depth of at least 125 feet.
B.
The walls of any building shall be set back at least 50 feet from a residential zone boundary, at least 25 feet from every adjoining property line and at least 40 feet from a street right-of-way line.
C.
Gasoline pumps and other apparatus shall be so located as to permit safe and convenient traffic circulation. Every gasoline or oil tank, pump or other device, appliance or apparatus shall be located at least 25 feet from a street right-of-way line, at least 50 feet from a residential zone boundary and at least 10 feet from any property line.
D.
No part of any automotive service station operation or paved area shall be conducted within 25 feet of a residential zone boundary. A six-foot-high unpierced fence shall be installed along any residential zone boundary.
E.
All paved areas within the property shall be at least five feet from a property line, 10 feet from a street right-of-way line and 25 feet from a residential zone boundary and bounded by concrete curbing at least six inches above the surface.
F.
Concrete curbing shall be installed in the street right-of-way in accordance with Borough specifications.
G.
Adequate parking for automobiles of employees and patrons shall be provided.
H.
Entrance and exit driveways shall be at least 30 feet in width. There shall be a safety zone between driveways of at least 25 feet, and driveways shall be at least 10 feet from adjoining property lines.
I.
Corner lots shall have a curb radius of at least 25 feet, and driveway entrances shall start at least 20 feet from the radius tangent points.
J.
All unpaved areas shall be attractively landscaped with grass lawns, trees and shrubs or other vegetation or material as the Land Use Board may approve or require.
K.
There shall be no outdoor storage of supplies, materials or automobile parts, whether for sale, storage or waste.
L.
Repair work, other than incidental minor repair, shall take place within the building, and all repair or service apparatus shall be located within the building.
M.
Floor drains shall not be connected to any sanitary sewer system or storm drain.
N.
All storage tanks shall be installed below ground level.
§ 410-61 Cluster residential development.
[Amended 5-26-2015 by Ord. No. 2015-02]
Cluster residential development, whereby the minimum lot area and yard requirements may be reduced as prescribed in the schedule of requirements (§ 410-21), is permitted in the R1-A Zone, subject to the following conditions:
A.
The number of lots shall not exceed the total number of lots that could be obtained through subdivision under standard minimum lot size requirements and shall not yield fewer than four dwelling units subject to applicable well and septic capacities as prescribed by local, county or state requirements.
B.
At least 75% of the total tract of land shall be subject to a conservation easement enforceable by at least one of following: the Borough of Alpha, the County Agriculture Development Board, the SADC or the Highlands Council upon recommendation of the Land Use Board. The conservation easement shall include right to farm provisions if applicable.
D.
The area subject to the conservation easement under the terms of this section shall be at a location and of a shape as required by the Land Use Board, provided that:
(1)
Said area shall adequately accommodate one or more of the permitted uses listed above and shall complement the existing and contemplated future surrounding development.
(2)
Said area shall be adaptable to the above permitted uses without undue public expenditure that might be required by reason of adverse topography, adverse drainage or soil conditions or inadequate accessibility.
E.
Provisions shall be made for the establishment of an organization for the ownership and maintenance of said conservation area, and such organization shall not be dissolved, nor shall it dispose of any of same by sale or otherwise (except to an organization conceived and established to own and maintain the common open space), without the written consent and approval of the governing body of the Borough of Alpha. Provision shall also be made for a feasible method of providing for the cost of ownership and maintenance.
F.
Nothing contained herein shall be construed to require the Land Use Board to approve any subdivision employing open space zoning if said subdivision is in conflict with any provision of the Alpha Master Plan or if said subdivision will in any way result in a land use pattern that will adversely affect that portion of the Borough in which it lies.
G.
The following additional standards shall also apply to cluster residential developments:
(1)
Cluster developments shall be designed to avoid or minimize disturbance of natural and agricultural resources.
(2)
All infrastructure and utilities necessary to support the residential cluster development (i.e., streets, common open space areas, wastewater facilities and stormwater management) shall be located within the development portion of the cluster project area.
(3)
Septic system yield shall be calculated on the basis of the development portion of the site only, which shall consist of a contiguous land area including the following:
(a)
All land area proposed to be occupied by buildings, structures and associated improvements, all land area to be disturbed in connection with the construction or installation of such buildings, structures and improvements, and all of the land area intervening; and
(b)
All land area dedicated to any street or roadway right-of-way providing public or common access to the development; and
(c)
All land dedicated to a community on-site stormwater detention facility or other like facility providing public or common services to the development.
(4)
All buffers and setbacks shall consider and harmonize with existing natural, agricultural, historic and scenic resources and with adjacent existing development. Existing natural resources and vegetation (e.g., hedgerows/trees, woodlands or forest, wetlands, streams) shall be retained and may be enhanced as buffer features whenever feasible.
(5)
Cluster development shall be configured to minimize impervious coverage.
§ 410-62 Home occupation uses.
A.
Purpose. For the registration and regulation of home occupations within the Borough of Alpha, the following provisions shall apply.
B.
General standards. Home occupations as defined herein are permitted in all residential zoning districts within the Borough of Alpha in accordance with the following standards:
(1)
A home occupation is permitted only within a single-family detached dwelling, or permitted accessory structure thereto, which is the bona fide residence of the principal practitioner of the home occupation.
(2)
A maximum of one home occupation is permitted per dwelling unit.
(3)
The amount of floor area devoted to a home occupation shall not be greater than 25% of the gross habitable floor area, as determined by the New Jersey Uniform Construction Code, of the principal residential building or 500 square feet, whichever is less. In addition, a minimum of 850 square feet of gross habitable floor area shall remain in exclusive residential use. Although the floor area devoted to a home occupation shall not exceed 25% of the gross floor area of the principal dwelling, the home occupation may be conducted within the principal building or a permitted accessory building thereto.
(4)
In no way shall the appearance of the residential structure(s) be altered or the occupation within the residence be conducted in a manner which would cause the premises to differ from its residential character by the use of colors, materials, construction, lighting or by any other means not specifically permitted herein.
(5)
A sidewalk shall be provided between the curbline of the street and the entrance of the home occupation.
(6)
One nonilluminated identification sign, approved by the Planning Board, is permitted per home occupation, provided that it is no larger than two square feet in area on either side, bearing only the name, occupation (words only), office hours and phone number of the practitioner. The sign shall be located five feet from the street right-of-way line and within five feet of the required sidewalk, and be no closer than 10 feet to an adjoining residential property line.
(7)
Required off-street parking spaces for a home occupation shall be located on the same lot with the principal dwelling and are not permitted in front yard areas. An eight-foot driveway providing access to parking areas for home occupation uses shall be located at least five feet from any property line and shall be planted with evergreen buffer and/or a solid fence four feet in height screening the parking area from all adjoining lots and street right-of-way lines, excluding those areas required to directly access the required parking spaces.
(8)
There shall be no exterior storage of materials or refuse resulting from the operation of the home occupation.
(9)
No equipment or process shall be used in a home occupation which creates noise, vibration, glare, fumes, odors, dust or electrical, visual or audible interferences of any type detectable to the normal senses beyond the limits of the subject lot.
(10)
No mechanical or electronic noise shall be emitted from any structure in conjunction with a home occupation that is discernible beyond the lot in which the use is permitted.
(11)
No retail sales of goods or merchandise are permitted from the premises.
C.
Use types permitted.
(1)
In-home office.
(a)
An in-home office is a use specifically designed for the functional needs of the resident of a dwelling wherein the professional services of the practitioner is the salable commodity offered to the client. In-home offices include but are not limited to office of a salesman, sales or manufacturer's representative, office of an accountant, architect, land planner, land surveyor, engineer, attorney, broker, dentist, doctor, psychiatrist, real estate or insurance agent, musician, computer consultant or word processor. The office of a building or renovation contractor is permitted, provided that no other activity relating to the contracting of business, including but not limited to storage of equipment supplies or materials of any kind, is associated with residential lot or in-home office use thereon.
(b)
An in-home office is a permitted accessory home occupation use, provided that the home occupation complies with the following conditions and a zoning permit is obtained from the Zoning Officer in accordance with this chapter:
[1]
No more than one person, other than members of the immediate family, may be employed.
[2]
In addition to the off-street parking spaces required in this chapter for the particular residential use concerned, an in-home office use shall provide one off-street parking space per employee, plus one additional space for each 250 square feet of office spaces provided. A maximum of five off-street parking spaces are permitted on any one lot, inclusive of the parking required for the residential dwelling.
[3]
In-home office use for the conduct of governmental affairs for the Borough of Alpha by any elected or appointed official or employee thereof is exempt from the in-home office provisions of this article, provided that a land use permit is secured from the Zoning Officer and said use is registered with the Borough as an exempt home occupation.
[4]
Home offices used for telecommuting or which are totally self-contained within the dwelling and do not generate any vehicular or pedestrian traffic are exempt from the provisions of this chapter, provided there are no employees other than occupants of the dwelling, no clients or customers and no deliveries except as would be generated by a residence not containing a home office.
(2)
Instructional services. An instructional service is a home occupation in which the practitioner provides the client with special instruction in a specific area of study. The conduction of this home occupation may require, at the discretion of the Planning Board, a room or series of rooms specifically designed for the use, including but not limited to a soundproof room. An instructional service is a permitted accessory use, provided that the home occupation complies with the following provisions:
(a)
No persons shall be employed other than the members of the immediate family.
(b)
In addition to the off-street parking required in this chapter for the particular residential use concerned, an instructional service use shall provide one additional off-street parking space for the home occupation use.
(c)
A maximum of two students shall be instructed at any one time.
(3)
Home crafts.
(a)
Home crafts are activities whereby the commodity is completely manufactured on the site by the resident craftsman. Home craftsmen may include, but are not necessarily limited to, artists, sculptors, dressmakers, seamstresses and tailors; and include such activities as model making, rug weaving, lapidary work and carpentry. Welding, auto/vehicle repairs of any kind and any other noxious or potentially hazardous activities or by-products are specifically prohibited.
(b)
A home craft occupation is a permitted accessory use, provided that the home occupation complies with the following provisions:
[1]
No persons other than members of the immediate family may be employed.
[2]
In addition to the off-street parking spaces required in this chapter for the particular residential use concerned, a home craft shall provide one additional off-street parking space for the home occupation use.
[3]
No electric machinery shall be operated between the hours of 8:00 p.m. and 8:00 a.m. Monday through Saturday and not before 10:00 a.m. nor after 6:00 p.m. on Sunday.
[4]
No retail sales activities or displays are permitted on the premises.
(4)
In-home day care.
(a)
In-home day care use is a private residence approved by the Division of Youth and Family Services or an organization with which the Division contracts for family day care in which child-care services are regularly provided to no less than three and no more than five children for no less than 15 hours per week. A child being cared for under the following circumstances is not included in the total number of children receiving child-care services:
(b)
An in-home day care is a permitted accessory use, provided that the home occupation complies with the following provisions:
[1]
As a condition of approval by the Planning Board and prior to granting of a use permit by the Zoning Officer, the applicant must obtain an operating license from the Division of Youth and Family Services or an organization with which the Division contracts from family day care.
[2]
All in-home day-care uses shall be subject to the following additional provisions:
[a]
The use shall be conducted in a building designed for residential occupancy and for the safety and well-being of the occupants.
[b]
In-home day care is permitted as an accessory use to a single-family detached dwelling only.
[c]
A minimum indoor play area of 50 square feet per child or 150 square feet, whichever is greater, shall be provided for the children within the dwelling unit. This area shall not include kitchens, bathrooms, bedrooms, utility rooms or nonhabitable areas of the dwelling, but may be included in the 850 square feet required by this article to remain exclusively in residential use within the dwelling. Kitchens may be utilized as additional required play area over the initial 150 square feet when deemed appropriate by the Planning Board.
[d]
A minimum contiguous outdoor play area of 100 square feet per child or 300 square feet, whichever is greater, shall be provided as a recreational area for the children. This play area shall not include more than 25% impervious surface and shall not include required parking areas and shall be enclosed with an unclimbable fence with a minimum height of three feet or as deemed appropriate by the Planning Board.
[e]
All play areas shall be located in the side or rear yards and shall be a minimum of 20 feet from any dwelling unit not located on the same lot.
[f]
No more than one person other than members of the immediate family may be employed.
[g]
In addition to the off-street parking required for a single-family dwelling, one additional off-street parking space is required per additional employee.
[h]
The in-home day care shall have suitable street frontage to permit the temporary parking of the vehicles required for the dropoff and pickup of children without impeding the circulation pattern of the street or requiring the parking of vehicles in the front of any neighboring property.
[3]
Day care for less than three children is exempt from the in-home day care provisions of this article, provided that a land use permit is secured from the Zoning Officer and said use is registered with the Borough.
[4]
The Borough retains the right to periodically inspect all in-home day-care dwellings to ensure compliance with the provisions of this article.