Bayonne City Zoning Code
§ 35-5.28
Conditional Uses.
[Ord. No. O-95-12 Schedule II; Ord. No. O-01-19 § 22]
SCHEDULE II CONDITIONAL USE STANDARDS |
1.
Religious Institutions, Hospital Facilities, and Other Quasi-Public Uses.
Where conditionally permitted pursuant to Section 35-5 of this chapter, this use shall be permitted in accordance with the following standards:
a.
The lot is at least 20,000 square feet in area.
b.
No building or structure for such uses shall be closer than 30 feet from any property line.
c.
A thirty-foot landscaped buffer strip shall be established along each adjacent property line, consisting of plantings at least five feet. Notwithstanding, such buffer area may contain a driveway accessing an off-street parking area, provided that the parking area itself is not within the buffer area.
2.
Nursery Schools and Child Care Centers.
Where conditionally permitted, and not deemed to be a home occupation as defined in this chapter, nursery schools and child care centers shall be permitted in accordance with the following standards:
a.
At least 50 square feet of outdoor open play area shall be provided for each child, based upon the maximum capacity of the facility. Such play areas shall be enclosed by solid wall or fence at least six feet in height.
b.
Play activity in outdoor play areas adjacent residential uses or zones shall be restricted to the hours of 9:00 a.m. and 5:00 p.m.
c.
No portion of the facility shall be below grade level more than 1/2 story or six feet, whichever the lesser.
3.
Public Utility Facilities.
Where conditionally permitted, public utility facilities shall be permitted in accordance with the following standards:
a.
The design of such facilities shall be consistent with the character of the neighborhood. Such design characteristics shall include, but not be limited to, materials used in construction, decorative landscaping and screening.
b.
All equipment shall be located within enclosed structures, designed so as to minimize noise impacts on adjacent properties.
c.
Such facilities located in residential districts shall only be in conjunction with essential services to serve that immediate district.
d.
Such facilities shall be located as to draw a minimum amount of additional vehicular traffic.
4.
Accessory Parking on Lots Abutting Commercial Districts.
Where conditionally permitted, accessory parking areas to commercial uses shall be permitted in accordance with the following standards:
a.
The lot shall directly abut along the full length of a property to a permitted commercial use within a commercial district. No such conditional use shall extend more than 75 feet into an R district at any point.
b.
The lot shall be of sufficient size to accommodate a parking area designed in full conformance with regulation of subsection 35-17.5.
c.
A landscaped buffer area of at least eight feet in width, consisting of a solid wall or fencing or year-round landscaping at least six feet in height, or a combination thereof, shall be established along any residential property line.
d.
Any parking along a residential property line shall be designed and marked for "head-on" parking only.
e.
No accessory parking area developed under this section shall contain any expansion of the principal nonresidential use or structure.
5.
Residential Uses in Mixed Commercial/Residential Structures.
Where conditionally permitted residential uses within mixed commercial/residential structures shall be permitted in accordance with the following standards:
a.
Residential uses shall only be located above the first floor of the building or structure.
b.
Access to the residential portion of the building or structure shall be via a separate entrance and stairwell.
c.
No window serving the residential units shall be obstructed by any sign or other structure in association with the commercial portion of the building.
d.
Fire access to the residential uses shall be provided in accordance with applicable regulations.
6.
(Reserved)
7.
Drive-Through Facilities.
Where conditionally permitted, drive-through facilities as an accessory use to a permitted principal use shall be permitted in accordance with the following standards:
a.
The drive-through lane shall be of sufficient length to accommodate the stacking of 10 vehicles awaiting service.
b.
No drive-through lane shall impede access to on-site parking areas or to the site in general.
c.
No speaker or other communication device associated with a drive-through facility shall be located within 50 feet of a residential zone or lot used for residential purposes.
d.
Any canopy structure associated with a drive-through facility shall be set back at least 25 feet from any property line.
8.
Tank Farms and/or Bulk Storage of Flammable or Combustible Liquids.
Where conditionally permitted, these uses shall be permitted in accordance with the following standards:
a.
All tank facilities shall be designed in accordance with Chapter 19, Fire Prevention and Protection of the Revised General Ordinances of the City of Bayonne.
b.
No tank containing flammable liquids shall be located within 375 feet of a residential use or a lot zoned for residential purposes, provided that where a buffer, or residential use setback in a WD zone, is required between an industrial zone and a zone where residential use may be permitted, the required buffer area or residential use setback shall be deemed not to be zoned for residential purposes.
c.
No tank containing combustible liquids shall be located within 175 feet of a residential use or a lot zoned for residential purposes, provided that where a buffer, or residential use setback in a WD zone, is required between an industrial zone and a zone where residential use may be permitted, the required buffer area or residential use setback shall be deemed not to be zoned for residential purposes.
d.
Dikes or walls required in conjunction with tank storage shall be set back at least 30 feet from the boundary line of any non-industrial district, provided that where the adjoining non-industrial district provides for a buffer of at least 30 feet in width, the required buffer in the adjacent zone shall satisfy this provision.
e.
A fifteen-foot wide landscape buffer shall be established between such use and the boundary line of any non-industrial district, provided that where the adjoining non-industrial district requires a landscaped buffer of at least 15 feet in width the buffer in the adjacent zone shall satisfy this provision. Such buffer, if required, shall consist of one tree (2 1/2 inch caliper) for each ten-foot length of buffer and contiguous evergreen plantings at least four feet in height at the time of planting.
f.
A plan for the development or expansion of such facilities shall be submitted to the New Jersey Department of Environmental Protection and the United States Environmental Protection Agency where required. Final approval for such a facility shall be conditioned upon the applicant obtaining all required State and Federal Agency approvals.
9.
Funeral Homes.
Where conditionally permitted, funeral homes shall be permitted in accordance with the following standards:
a.
The lot shall be at least 20,000 square feet in area.
b.
Principal building coverage shall not exceed 25% of the total lot area.
c.
Along abutting property lines a buffer of at least five feet in width consisting of a solid wall or fence at least six feet high and year-round landscaping shall be provided.
d.
Entrances and exits shall be at least 75 feet from any street intersection.
10.
New Automobile and Motorcycle Sales; Automobile Accessory Stores; Automobile Service Stations; Auto Repair Facilities (Including Paint and Body Shops); Car Wash Facilities; Movie Theaters; Restaurants; and Hotels and Motels in the Highway Development (H-D) District:
These uses shall be permitted provided the use is situated on property which fronts a State highway.
11.
Indoor Recreation and Stores; Commercial Anchor Stores with a Minimum of 20,000 Square Feet and Conventional Retail and Service Commercial Uses Which are Typically Ancillary to a Commercial Anchor Store.
These uses shall be permitted in a Highway Development District (H-D) in accordance with the following standards:
a.
Any building or buildings within 500 feet of a heavy industrial zone shall be located and oriented so that the principal entrance of the building or buildings shall face toward a State highway.
b.
Any building or buildings to be erected and any parking areas servicing such building or buildings shall be located so as to draw a minimum amount of additional traffic onto roads existing at the time of the effective date of this chapter, other than State highways.
c.
The portion of the property to the rear of any building or buildings to be erected shall be used for delivery and shipping purpose only and shall be designed so as to discourage the entry thereon of retail customers and private motor vehicles.
12.
Major Mixed Use Residential Development (MXRD)
a.
Bulk Requirements.
(1)
Minimum Lot Area: One acre.
(2)
Minimum Lot Frontage: 120 feet.
(6)
Maximum Structure Height: As required in zone district.
(7)
Minimum Gross Floor Area: 25,000 square feet.
(8)
Maximum Lot Coverage of Principal and Accessory Structures: 40% plus that percentage of the site which is, in the opinion of the Municipal Agency, arranged, furnished intended to be used and is usable by the general public including plazas, mini-parks, widened sidewalks and similar facilities.
(9)
Minimum Unoccupied Open Space: 20%.
(10)
Maximum Overall FAR: 1.50
(11)
Maximum Residential Density: 50 units/gross acre.
b.
Distribution of Types of Uses. Each MXRD shall provide a minimum of three primary functions in the following use minimums for a site plan application.
60% minimum-residential use (primary).
10% minimum-professional office use (secondary).
5% minimum-retail and personal service (tertiary).
c.
Parking Requirements.
(1)
A MXRD shall provide off-street parking subject to the provisions of Section 35-17, except that the off-street parking requirement for a MXRD complex shall be 2.0 parking spaces per 1,000 square feet of G.F.A. devoted to nonresidential uses plus 1.8 parking spaces per residential unit. Sufficient parking spaces to accommodate the nonresidential use component, determined according to the standards of Section 35-17.
(2)
Other alternatives to meet the parking requirements are:
(a)
Providing the required spaces on other properties owned by or under the control of the developer, within the designated zone (or adjacent zones which permit the proposed use(s)) and within a 500-foot walking distance of a primary pedestrian entrance to the site under development. The physical arrangement of such spaces and all access, ingress, setbacks and similar design details shall conform to this chapter.
(b)
Providing evidence that the required spaces have been leased or rented from others. In such cases, the spaces to be leased or rented shall be properly established under the terms of this chapter and the minimum term of such lease or rental shall be consistent with the probable duration of the proposed occupancy but not less than 10 years.
(c)
Providing evidence that a specific agreement exists with the City of Bayonne Parking Authority Municipal Parking Utility which provides for the developer to lease sufficient existing or proposed municipal parking; and/or provides for the developer to construct or contribute to the Parking Utility an amount sufficient to provide for the development's share of proposed municipal parking facilities; and/or provides for other terms acceptable to the Municipal Parking Authority.
(d)
A combination of alternates 1 and 2 - (a), (b), and (c) above, acceptable to the Municipal Agency.
(3)
If off-street parking requirements are not met as provided above the developer must:
(a)
Obtain approval of a parking space variance subject to the provisions of Section; and
(b)
Unless specifically waived by the Municipal Agency, because of demonstrated hardship or other good and sufficient reason, contribute to the City of Bayonne Municipal Parking Utility Capital Improvement Fund, the amount of $2,000 for each required space not provided.
d.
Signage. (Reserved)
13.
Major Mixed Use Commercial Development (MXCD)
a.
Bulk Requirements.
(1)
Minimum Lot Area: 1.75 acres.
(2)
Minimum Lot Frontage: 200 feet.
(6)
Maximum Building Height: 80 feet.
(7)
Minimum Gross Floor Area: 100,000 square feet.
(8)
Maximum Lot Coverage of Principal and Accessory Structures: 60% plus that percentage of the site which is, in the opinion of the Municipal Agency, arranged, finished, intended to be used and is usable by the general public, including plazas, mini-parks, widened sidewalks and similar facilities.
(9)
Minimum Unoccupied Open Space: 15%.
(10)
Maximum Overall FAR: 2.00
b.
Distribution of Types of Uses. Each MXCD shall provide a minimum of three primary functions with the following floor area use limitations:
25% Maximum-Residential Use Component.
25% Minimum-Professional/Business Office Use Component.
5% Minimum-Primary Food Service Establishment Component.
c.
Parking Requirements.
(1)
A MXCD shall provide parking subject to the provisions of Section 35-17, including the shared parking provisions, except:
(2)
Other alternatives to meet the parking requirements are:
(a)
Providing the required spaces on other properties owned by or under the control of the developer, within the zone (or adjacent zones which permit the proposed use(s)) and within a 500-foot walking distance of a primary pedestrian entrance to the site under development. The physical arrangements of such spaces and all related access, buffers, setbacks and similar design details shall conform to this chapter.
(b)
Providing evidence that the required spaces have been leased or rented from others. In such case, the spaces to be leased or rented shall be properly established under the terms of this chapter and the minimum term of such lease or rental shall be consistent with the probable duration of the proposed occupancy but not less than 20 years.
(c)
Providing evidence that a specific agreement exists within the City of Bayonne Municipal Parking Authority which provides for the developer to lease sufficient existing or proposed municipal parking; and/or provides for the developer to construct or contribute to the Parking Utility an amount of sufficient to provide for the development's share of proposed municipal parking facilities; and/or provides for other terms acceptable to the Municipal Parking Authority.
(d)
A combination of alternatives 1 and 2 (a), (b), and (c), above acceptable to the Municipal Agency.
(3)
If off-street parking requirements are not met as provided above the developer must:
(a)
Obtain approval of a design deficiency waiver subject to the provisions of subsection 35-17.7; or
(b)
Obtain approval of a parking space variance subject to the provisions of subsection 35-5.10 paragraph f2; and
(c)
Unless specifically waived by the Municipal Agency, because of demonstrated hardship or other good and sufficient reason, contribute to the City of Bayonne Municipal Parking Authority Capital Improvement Fund, the amount of $3,250 for each required space not provided.
d.
Maximum FAR: 2.50
e.
Design Criteria. A MXCD shall be subject to the applicable provisions of this chapter and the following general design criteria:
(1)
The proposed development shall have an outward orientation which is physically and visually integrated with existing adjacent development and/or fosters adjacent community improvement and rejuvenation;
(2)
The proposed development shall be compatible with existing and proposed development in the vicinity; the mix of uses, and the arrangement and design of buildings and other improvements shall reflect a cohesive development capable of sustaining an independent environment of continuing quality and stability;
(3)
If the development is staged, each building phase shall be designed as a self-sufficient entity, while allowing for effective integration of subsequent phases;
(4)
The pedestrian system shall be convenient and comprehensively designed to encourage pedestrian activity within the development; and
(5)
On the Detailed Site Plan, in the areas of the development which are to be used for pedestrian activities or as gathering places for people, adequate attention should be paid to human scale, high quality urban design, and other amenities, such as the types and textures of materials, landscaping, street furniture, and lighting (natural and artificial).
(6)
(Reserved)
14.
Commercial Parking Facilities. Commercial parking facilities include self-park and attendant parking, surface and structure or garage facilities.
a.
Where conditionally permitted, commercial parking facilities shall provide parking for a minimum of 25 vehicles.
b.
Self-park commercial parking facilities shall provide parking stalls and aisles of a size consistent with the design standards under Section 35-17.
c.
Attendant parking commercial parking facilities may utilize parking stalls 8 1/2 feet in width by 17 feet in length and may provide for the stacking of automobiles provided that it is not necessary to move more than two automobiles to gain access to another automobile.
d.
Commercial parking facilities shall be screened from adjacent residential uses or residential zones in accordance with the provisions of subsection 35-4.14.
e.
Attendant parking commercial parking facilities shall provide an accessory building with sanitary facilities.
g.
Parking garage facilities shall meet all the coverage, setback and height requirements for principal buildings in the particular zone.
h.
There shall be no direct access to a single-story parking garage facility from the street. All vehicular access to the garage structure shall be from the side yard, rear yard, or lot interior.
i.
All commercial parking facilities shall have artificial lighting that will provide a minimum lighting level of 0.5 horizontal foot candles throughout the parking areas and access drives. Shielding shall be required where necessary to prevent glare upon adjacent properties or streets.
j.
Minimum Unoccupied Open Space: 20%.
k.
Signs shall be permitted as specified for the zone in which the use is proposed.
15.
Community Residential for the Developmentally Disabled and Shelters for Victims of Domestic Violence.
a.
A statement setting forth the full particulars on the building and/or use as submitted.
b.
No Community Residence for the Developmentally Disabled or Shelter of Victims of Domestic Violence shall be located upon a lot containing any other use, nor shall any structure or facility on the site be utilized to provide services for any person not residing on the site.
c.
Each Community Residence for the Developmentally Disabled or Shelter for Victims of Domestic Violence shall submit proof of licensing by the Department of Human Services of the State of New Jersey.
d.
No building utilized for a Community Residence for the Developmentally Disabled or Shelter for Victims of Domestic Violence shall be constructed or altered so as to be inharmonious with the residential character or adjacent structures and residential zones.
16.
Motor Vehicle Repair Garages.
a.
Motor vehicle repair garages shall have a lot area of not less than 18,000 square feet with a minimum frontage of 120 feet on one street. If the lot requirements for the zone are greater, they shall take precedent. In any case, the minimum structure setback from residential uses shall be 35 feet, including pavement areas.
b.
No outdoor oil drainage pits or hydraulic lifts shall be permitted.
c.
Any repair of motor vehicles shall be performed in a fully enclosed building.
d.
All motor vehicles awaiting repair or under repair which are stored out-of-doors shall be screened from public by a solid fence and/or evergreen plantings as required by the Planning Board.
e.
No motor vehicle awaiting repair or under repair may be stored out-of-doors within the required front yard area; within 20 feet of any side or rear lot line; or within 50 feet of any adjoining lot within a residential zone.
f.
No motor vehicle repair garage shall be located within 500 feet of any public entrance to a church, school, library, hospital, fire station, park, playground, charitable institution, or place of public assemblage. The distance shall be measured in a straight line along the centerline of streets forming the shortest route from a point opposite the nearest boundary from said public entrance to a point opposite the nearest boundary of the repair garage lot.
g.
The maximum lot coverage shall be 50% of the lot area.
h.
The minimum unoccupied open space shall be 30% of the lot area.
i.
Signage. (Reserved)
18.
Educational uses.
Educational uses include public, parochial or private elementary or secondary schools duly licensed by the State of New Jersey, attendance at which is sufficient compliance with the compulsory education requirements of the State.
a.
Convents, social halls and similar uses which are accessory to the educational use shall be permitted.
b.
Nursery schools with an attendance of more than 25 children shall be considered educational uses and shall be subject to the provisions of this Section.
c.
Educational uses shall be screened from adjacent residential zones or existing residences adjacent to the site in accordance with the provisions of subsection 35-4.14 and/or shall provide fencing along such property lines as may be deemed adequate by the Planning Board.
d.
Minimum building setback shall be 25 feet.
e.
Minimum unoccupied open space shall be 35%.
19.
Car Wash.
a.
Minimum lot size for any car wash shall be 2.5 acres.
b.
The minimum building front setback shall be 75 feet. Located within the front setback area, shall be a landscape plant area occupying at least 30% of the total front yard.
c.
No building, parking facility or access isle shall be permitted with 75 feet of a residential zoned property.
d.
Landscape buffering and screening shall be provided as recommended by the Planning Board's (or Zoning Board's) professional consultants.
20.
Commercial Earth Terminal.
a.
Commercial earth terminals shall be in conjunction with another permitted or conditional use and shall not be the only use on a lot.
b.
Minimum lot width shall be 120 feet.
c.
Design Standards. All commercial earth terminals shall fully comply with the following:
(1)
A commercial earth terminal shall not be located in a front yard or to the front of a street rear or side yard, shall not be closer to any property line than the height of the commercial earth terminal, and shall not be located in a buffer area;
(2)
A commercial earth terminal shall not violate the rear or side yard setback requirements applicable to the principal buildings within the particular district as set forth in the Development Regulations;
(3)
The commercial earth terminal support shall be erected on a secure foundation;
(4)
If erected on the ground, the height of a commercial earth terminal shall not exceed 20 feet;
(5)
If erected on a building or other structure, the height shall not exceed the height permitted in the zone by more than five feet nor shall the terminal be more than 10 feet above structure;
(6)
The main reflector of a commercial earth terminal shall not exceed a diameter of six meters;
(7)
All wiring or connecting cables between a ground mounted commercial earth terminal and the principal building on the property shall be buried underground;
(8)
Any accessory building of the commercial earth terminal used for housing equipment necessary for the operation of the commercial earth terminal shall not be greater than one story, shall not exceed a building height of 12 feet, and shall not exceed 150 square feet in area;
(9)
A commercial earth terminal shall be surrounded by a non-climbable fence or other suitable barrier of a minimum height of six feet designed to prevent access to the earth terminal and may be equipped with appropriate lighting and an alarm system which shall not be offensive to surrounding properties;
(10)
A ground mounted commercial earth terminal shall be so located and shall be effectively screened from view by natural plants, trees or other suitable sight barrier, which shall be maintained in good condition, in order to minimize the noise and visibility of the commercial earth terminal from any adjacent property and public street, as approved by the Planning Board;
(11)
Only one earth terminal shall be permitted on the applicant's property;
(12)
A commercial earth terminal shall be accessory to the principal building and incidental to the use of the principal building, and the occupants of the principal building shall be the principal users of the commercial earth terminal;
(13)
Transmission of electrical signals to or from a commercial earth terminal or to or from an off-site ground location shall only be through underground or aerial wire, cable or fiber optic facilities; and
(14)
The construction and operation of a commercial earth terminal shall fully comply with all applicable Federal and State statutes, regulations and requirements, including those pertaining to safety levels of radio frequency electromagnetic fields with respect to human exposure.