Avalon City Zoning Code
§ 27-7.1
Conditional Uses.
[Ord. No. 607-2009 § 27-7.1; Ord. No. 695-2014 § 3]
a.
Applicability.
1.
The uses outlined in this section are permitted in various zoning districts in the Borough of Avalon subject to the conditions and standards set forth below.
2.
Only those uses listed in this section as conditional uses shall be considered conditional uses.
3.
Approval of the Board is required for conditional uses.
4.
Each application for a conditional use shall be accompanied by a proposed site plan showing the size and location of the buildings and proposed facilities, including access driveways, parking area and all streets within two hundred (200) feet of the lot.
5.
Any lot for which conditional use approval is granted shall be deemed to be a conforming use in the district in which such use is located, provided that such approval shall affect only the lot or portion thereof for which such use shall have been granted. A conditional use approval shall be valid for one (1) year unless preliminary approval of a site plan for the lot involving the conditional use has been granted, at which time the applicant shall receive the same rights as that provided for preliminary approval of site plans.
6.
Any legally pre-existing use located in a district in which it is listed as a conditional use shall be deemed to be an authorized use on the lot or portion thereof on which such use is located. However, any addition or expansion to such use, or any enlargement or reconstruction of a nonconforming building for such use, shall require the approval of the Board in accordance with the procedures for new conditional uses as established under this section.
b.
Churches: (Places of Worship).
1.
Bulk Requirements:
(Note: This includes principal and accessory structures.)
(a)
Minimum Lot Area:
(1)
The minimum lot area in the R-2A, R-2B and R-M (Hotel-Motel) Districts shall be fifteen thousand (15,000) sq. ft.
(2)
The minimum lot area in the R-1B, R-1C, B-1, B-2 and M-B Districts shall be twenty-two thousand (22,000) sq. ft.
(b)
Minimum Lot Frontage:
(1)
The minimum lot frontage in the R-1B, R-1C, R-2A, R-2B and R-M (Hotel-Motel) Districts shall be one hundred ten (110) feet.
(2)
The minimum lot frontage in the B-1, B-2 and M-B Districts shall be: None required.
(c)
Minimum Yard Setbacks:
(1)
The minimum front yard setback in the R-1B, R-1C, R-2A, R-2B, R-M (Hotel-Motel), M-B, B-1 Districts shall be twenty-five (25) feet. The minimum front yard setback in the B-2 District shall be thirty (30) feet.
(2)
The minimum total side yard setback in the R-1B, R-1C, R-2A, R-2B Districts shall be forty (40) feet. The minimum total side yard setback in the R-M (Hotel-Motel), B-1, B-2 and M-B Districts shall be: None required.
(3)
The minimum side yard setback shall be fifteen (15) feet.
(4)
The minimum rear yard setback shall be twenty-five (25) feet.
(d)
Average Lot Width: The average lot width shall not be less than fifty-five (55%) percent of the lot frontage.
(e)
Maximum Building Height: The maximum building height shall be thirty (30) feet unless specifically permitted differently elsewhere in this chapter.
(f)
Maximum Coverage: The maximum coverage shall be thirty (30%) percent of the lot area.
c.
Public Libraries.
1.
Bulk Requirements:
(Note: This includes principal and accessory structures.)
(a)
Minimum Lot Area:
(1)
The minimum lot area in the P-U and M-B Districts shall be ten thousand (10,000) sq. ft.
(2)
The minimum lot area in the R-1B, R-1C, B-1 and B-2 Districts shall be twenty-two thousand (22,000) sq. ft.
(b)
Minimum Lot Frontage:
(1)
The minimum lot frontage in the R-1B, R-1C Districts shall be one hundred ten (110) feet.
(2)
The minimum lot frontage in the P-U and M-B Districts shall be one hundred (100) feet.
(3)
The minimum lot frontage in the B-1 and B-2 Districts shall be: None required.
(c)
Minimum Yard Setbacks:
(1)
The minimum front yard setback in the R-1B, R-1C, B-1, P-U and M-B Districts shall be twenty-five (25) feet. The minimum front yard setback in the B-2 District shall be thirty (30) feet.
(2)
The minimum total side yard setback in the R-1B and R-1C Districts shall be forty (40) feet. The minimum total side yard setback in the B-1 and B-2 Districts shall be: None required. The minimum total side yard setback in the P-U and M-B Districts shall be twenty (20) feet.
(3)
The minimum side yard setback in the R-1B and R-1C Districts shall be eight (8) feet. The minimum side yard setback in the B-1 and B-2 Districts shall be fifteen (15) feet. The minimum side yard setback in the P-U and M-B Districts shall be ten (10) feet.
(d)
Average Lot Width: The average lot width shall not be less than fifty-five (55%) percent of the lot frontage.
(e)
Maximum Building Height: The maximum building height shall be thirty (30) feet unless specifically permitted differently elsewhere in this chapter.
(f)
Maximum Coverage: The maximum coverage shall be thirty (30%) percent of the lot area.
d.
Public and Private Schools.
1.
Bulk Requirements:
(Note: This includes principal and accessory structures.)
(a)
Minimum Lot Area:
(1)
The minimum lot area in the P-U and M-B Districts shall be ten thousand (10,000) sq. ft.
(2)
The minimum lot area in the R-1B, R-1C, B-1 and B-2 Districts shall be twenty-two thousand (22,000) sq. ft.
(b)
Minimum Lot Frontage:
(1)
The minimum lot frontage in the R-1B and R-1C Districts shall be one hundred ten (110) feet.
(2)
The minimum lot frontage in the P-U and M-B Districts shall be one hundred (100) feet.
(3)
The minimum lot frontage in the B-1 and B-2 Districts shall be: None required.
(c)
Minimum Yard Setbacks:
(1)
The minimum front yard setback in the R-1B, R-1C and B-1 Districts shall be twenty-five (25) feet. The minimum front yard setback in the B-2 District shall be thirty (30) feet.
(2)
The minimum total side yard setback in the R-1B and R-1C Districts shall be forty (40) feet. The minimum total side yard setback in the B-1 and B-2 Districts shall be: None required. The minimum total side yard setback in the P-U and M-B Districts shall be twenty (20) feet.
(3)
The minimum side yard setback in the R-1B and R-1C Districts shall be eight (8) feet. The minimum side yard setback in the B-1 and B-2 Districts shall be fifteen (15) feet. The minimum side yard setback in the P-U and M-B Districts shall be ten (10) feet.
(d)
Average Lot Width: The average lot width shall not be less than fifty-five (55%) percent of the lot frontage.
(e)
Maximum Building Height: The maximum building height shall be thirty (30) feet unless specifically permitted differently elsewhere in this chapter.
(f)
Maximum Coverage: The maximum coverage shall be thirty (30%) percent of the lot area.
e.
Hospitals and Nursing Homes.
1.
Bulk Requirements:
(Note: This includes principal and accessory structures.)
(a)
Minimum Lot Area: The minimum lot area shall be forty thousand (40,000) sq. ft.
(b)
Minimum Lot Frontage: The minimum lot frontage shall be two hundred twenty (220) feet.
(c)
Minimum Yard Setbacks:
(1)
The minimum front yard setback shall be fifty (50) feet.
(2)
The minimum total side yard setback shall be: None required.
(3)
The minimum side yard setback shall be fifty (50) feet.
(4)
The minimum rear yard setback shall be twenty-five (25) feet.
(d)
Average Lot Width: The average lot width shall not be less than fifty-five (55%) percent of the lot frontage.
(e)
Maximum Building Height: The maximum building height shall be thirty (30) feet unless specifically permitted differently elsewhere in this chapter.
(f)
Maximum Coverage: The maximum coverage shall be thirty (30%) percent of the lot area.
f.
(Reserved)
g.
Multiple-Dwelling Units.
1.
Multiple-dwelling units shall be permitted, provided that the following requirements are complied with:
(a)
Each apartment shall have a minimum floor area of seven hundred (700) square feet.
(b)
There shall be a maximum of twelve (12) dwelling units per structure. There shall be a minimum of two thousand one hundred seventy-eight (2,178) square feet of land for each dwelling unit. Multiple-dwelling structures shall not cover more than fifty (50%) percent of the area of the parcel of land upon which erected.
(c)
On lots containing a bulkhead, the bulkhead shall be considered the rear property or lot line. Of the required rear yard area, eight (8) feet may be used for the required second means of egress.
(d)
When two (2) or more multiple-dwelling buildings are to be erected on one (1) site, the minimum separation between any two (2) such structures shall be twenty (20) feet at any point, except for the overhanging of eaves, and where two (2) adjacent structures are each designed for less than twelve (12) dwelling units, the owner may seek relief from this twenty (20) foot requirement by due application to the Board in the course of obtaining site plan approval.
h.
Townhouses.
1.
Bulk Requirements:
(a)
Minimum Lot Area: The minimum lot area shall be two thousand (2,000) sq. ft.
(b)
Minimum Lot Frontage: The minimum lot frontage shall be: None required.
(c)
Minimum Yard Setbacks:
(1)
The minimum front yard setback shall be fifteen (15) feet.
(2)
The minimum total side yard setback shall be twenty (20) feet with a minimum ten (10) feet side yard setback for each structural unit.
(3)
The minimum rear yard setback shall be twenty (20) feet. On lots where there is a bulkhead the bulkhead shall be considered the rear property or lot line for zoning purposes. Of the required twenty (20) feet of minimum depth, eight (8) feet may be used for a second means of egress.
(d)
There shall be a minimum of two (2) and a maximum of four (4) dwelling units per structure. There shall be a minimum of two thousand (2,000) square feet of land for each dwelling unit. Each unit shall not cover more than seventy (70%) percent of the area of its own fee simple lot. The multiple-unit structure shall not cover more than fifty (50%) percent of the parcel of land upon which it is erected.
(e)
No building or structure shall exceed thirty (30) feet in height.
(f)
Minimum Floor Area (Square Feet) | Type of Unit |
|---|---|
1,000 | 2-bedroom |
1,150 | 3-bedroom |
1,400 | 4-bedroom |
1,550 | 5-bedroom |
2.
General Requirements.
(a)
Any applicant desiring to subdivide property for townhouse residential construction in accordance with the provisions of this chapter may apply to the Board for a subdivision under the following requirements. The Board shall examine each request to determine whether it meets the following minimum standards and specifications:
(1)
Only those applicants having received site plan approval in accordance with the provisions of Avalon's Zoning Regulations or those applicants applying for simultaneous approval may apply for subdivisions under the requirements of this subsection.
(2)
Land subdivisions shall be considered only for property upon which townhouse dwelling units are situated, as indicated on the approved site plans in accordance with the definition of townhouse as specified in this chapter.
(b)
If it is determined by the Board that the proposed development conforms to the criteria established for fee simple townhouse developments, the following improvements will be allowed: All requirements, specifications, details and conditions of the approved site shall remain in full force except as these may be modified pursuant to the Board's review of the proposed subdivision.
(c)
Each dwelling unit shall be provided with separate suitable underground utilities.
(d)
All townhouse dwelling units shall be in line of at least two (2) and not more than four (4) connected dwelling units.
(e)
Each dwelling unit shall be compatibly designed in relation to all other units but distinct by such design features as width, setback, roof design, color, exterior materials and other features, singularly or in combination.
(f)
Each dwelling unit may be a maximum of three (3) stories in height.
i.
Commercial Tennis Courts.
1.
Bulk Requirements:
(a)
Minimum Lot Area: The minimum lot area shall be five thousand (5,000) sq. ft.
(b)
Minimum Lot Frontage: The minimum lot frontage shall be fifty (50) feet.
(c)
Minimum Yard Setbacks: None required.
2.
General Requirements:
(a)
No artificial lighting shall be permitted, except on Borough owned tennis courts.
(b)
All tennis courts shall be fenced for the entire perimeter.
(c)
New fence material shall be metal. The use of barb, strand or chicken wire is specifically prohibited. Woven mesh of the type known as "chain link" must be used.
(d)
Fencing shall be ten (10) feet in height above ground level and shall enclose the entire outside circumference of the tennis court or courts. Gates made of chain link for ingress and egress are permitted.
(e)
Fencing must be set back at least eight (8) feet from each property line, front, side and rear, unless the court is adjacent to and contiguous with a dwelling owned by the owners of the tennis court, in which case there shall be no front and rear setback requirements and the eight-foot side setback requirements shall apply only to that side property line which is most distant from the dwelling house.
j.
Repair Garages and Automobile Service Stations.
1.
Bulk Requirements:
(Note: This includes principal and accessory structures.)
(a)
Minimum Lot Area: The minimum lot area shall be five thousand (5,000) sq. ft.
(b)
Minimum Lot Frontage: The minimum lot frontage shall be fifty (50) feet.
(c)
Setbacks — Other:
(1)
The minimum front yard setback is ten (10) feet.
(2)
The minimum side yard setback is zero (0) feet.
(3)
The minimum rear yard setback is twenty-five (25) feet.
(d)
Maximum Building Height: The maximum building height for any principal structure shall be thirty (30) feet unless specifically permitted differently elsewhere in this chapter.
(e)
Minimum Floor Area: The minimum floor area shall be nine hundred (900) sq. ft.
(f)
Maximum Coverage: The maximum building coverage shall be thirty (30%) percent of the lot area.
(g)
The maximum impervious coverage shall be eighty (80%) percent of the lot area.
2.
General Requirements:
(a)
No repair work is performed out-of-doors.
(b)
Pumps, lubricating or other devices shall be located at least twenty (20) feet from any street or highway right-of-way.
(c)
All fuel, oil or similar substances shall be stored at least thirty-five (35) feet distant from any street or lot line.
(d)
All automobile parts, dismantled vehicles and similar articles shall be stored within a building.
(e)
In no case shall there be any residential use associated with a repair garage and automobile service station.
(f)
Convenience stores and automobile washes as accessory uses only are permitted to be located on the same parcel as repair garages and automobile service stations.
(g)
Repair garages and automobile service stations shall only be located on Ocean Drive with at least fifty (50) feet of frontage on Ocean Drive.
k.
Wireless Telecommunication Towers and Antennas.
1.
See Ordinance No. 469-1999.
l.
Amusement Games.
1.
Amusement games are permitted only under the conditions set forth in Chapter 10, Licenses and Permits, of the Borough Code.
m.
Second and Third Story Residential.
1.
The bulk requirements shall adhere to the requirements of the zone.
2.
Density requirements include:
(a)
Residential uses are permitted at a density of one (1) unit per two thousand seven hundred fifty (2,750) square feet of total lot area.
(b)
The habitable area of residential use on each of the second and third floors shall be no greater than the gross leaseable area of the non-residential use located on the first floor. Balconies, decks, porches and open, common stairs are not considered in the calculation of the residential habitable area. Semi-enclosed parking, residential storage and refuse areas, common stairs, ramps and other common areas, shall not be included in the calculation of the gross leaseable area.
(c)
The total residential habitable area on the second and third floors combined shall not be greater than seventy-five (75%) percent of the lot area.
3.
No principal structure shall be constructed closer than twenty-five (25) feet to any residential zone boundary.
4.
In no case shall any residential unit be located on the first floor, and in every case any residential uses shall be located over a commercial use. No habitable floor area or decks shall be permitted to cantilever or overhang the floor below, except for balconies less than twenty (20) square feet in area, which may extend up to three (3) feet from the building, but may not encroach into the right-of-way.
5.
No residential use shall be permitted to be located over the following commercial structures or uses: repair garages, automobile service stations, commercial parking lots, or commercial parking structures on Dune Drive. Residential semi-enclosed parking areas can be located within a building, but may take up no more than twenty-five (25%) percent of the first floor area. The first floor area is measured along the outside perimeter of all exterior walls, and includes all enclosed interior building areas, and semi-enclosed parking areas where provided.
6.
Any one (1) commercial or residential unit shall have a minimum one thousand (1,000) square feet of floor area.
7.
Parking shall be in accordance with the requirements of this chapter for commercial uses and residential uses.
8.
Parking shall be buffered and completely screened from adjacent residential districts by a minimum five (5) foot wide planted strip and six (6) foot high fencing. Vehicle parking may overhang into the buffer, but not more than two (2) feet. A nuisance buffer planting shall be provided in this area in accordance with subsection 26-7.10 entitled Landscaping.
9.
Bays of semi-enclosed parking shall not exceed forty (40) feet in length, or eighty (80%) percent of the first floor façade area, and shall be spaced a minimum of ten (10) feet apart by an area of building facade in the same plane as the second floor facade.
10.
No stairs accessing second or third floor residential units or decks shall be located in any front yard.
n.
Convenience Stores, Supermarkets and Drugstores.
1.
Bulk Requirements (Principal Uses):
(a)
Minimum Lot Area: The minimum lot area shall be five thousand (5,000) sq. ft.
(b)
Minimum Lot Frontage: The minimum lot frontage shall be fifty (50) feet.
(c)
Setbacks:
(1)
The minimum front yard setback is ten (10) feet.
(2)
The minimum side yard setback is zero (0) feet.
(3)
The minimum rear yard setback is twenty-five (25) feet.
(d)
The maximum building height for any principle structure shall be thirty (30) feet unless specifically permitted differently elsewhere in this chapter.
(e)
The minimum floor area shall be nine hundred (900) sq. ft.
2.
On Dune Drive there shall be no development which provides parking within the front yard setback. All off street parking shall be located in the rear yard.
3.
On Dune Drive, loading areas shall be located in the rear yard.
4.
On Ocean Drive, parking areas may be located in the front yard.
5.
On Ocean Drive, loading areas shall be located in the side or rear yards.
6.
The maximum floor area of any convenience store, drug store or supermarket shall be no greater than fifteen thousand (15,000) sq. ft.
7.
The window area shall be at least fifty (50%) percent but no more than seventy-five (75%) percent of the entire first floor facade, facing Dune or Ocean Drive. It is recommended that window openings and window display space be provided along the entire street frontage in a rhythmic manner.
