Belvidere City Zoning Code

The Planning Board shall have original jurisdiction and power to grant a permit for a conditional use on a particular site without a finding of practical difficulties or unnecessary hardship, but subject to the guiding principles, standards, conditions and safeguards contained in this article to the extent applicable and in the manner provided by law. Such use shall be one which is specifically authorized as a conditional use.

For every such conditional use, the Board shall make a specific finding, after a public hearing in the manner provided by law, that such use will not be prejudicial to the character of the neighborhood.

For every such conditional use, the Board shall determine that there is appropriate provision for access facilities adequate for the estimated traffic from public streets and sidewalks so as to ensure the public safety and to avoid traffic congestion. Vehicular entrances and exits shall be clearly visible from the street and not within 75 feet of the intersection of the street lines at a street intersection.

For every such conditional use, the Board shall determine that there are fully adequate parking areas and off-street truck loading spaces in conformity with this chapter and all other pertinent ordinances for the anticipated number of occupants, employees and patrons, and that the layout of the parking spaces, truck loading spaces and interior driveways is convenient and conducive to safe operation.

For every such conditional use, the Board may require a protective planting strip adjacent to every side and rear lot line abutting a residential use or district. Such planting strip shall be not less than six feet wide, situated within any required side or rear yard and designed and laid out with suitable plant material which will attain and shall be maintained at a height of not less than six feet so as to provide an effective natural screen between nonresidential and residential uses or districts alongside and rear lot lines.

For every such conditional use where the installation of outdoor flood- or spotlighting is intended, the Board shall determine that such lighting will not shine directly upon any abutting property. No unshielded lights shall be permitted.

For every conditional use, the Board shall determine that adequate provisions will be made for collection and disposal of stormwater runoff from the site.

Such conditional use shall be further subject to the applicable conditions and safeguards which are stipulated according to the following section. A conditional use for which a permit is granted by the Planning Board pursuant to the provisions of this article, shall be construed to be a conforming use.

No authorization for a building permit shall be granted by the Board for any conditional use listed in any district unless the Board shall first determine that such use is appropriate to the character of its neighborhood and that, when taken in conjunction with other existing land uses, it will not generate traffic that would result in an undue burden upon the available access streets.

No authorization for a building permit shall be granted by the Board for a bus passenger station in any district where authorized unless the Board shall first determine that the proposed location will serve the interests of the residents of the Town without any damaging effect upon adjacent properties.

No authorization for a building permit shall be granted by the Board for a hospital or nursing home in any district where authorized unless the Board shall first obtain written assurance that such hospital or nursing home will not receive patients suffering from contagious or mental diseases, alcohol or drug addicts, except incidentally.

No authorization for a building permit shall be granted by the Board for a filling station, car washing station or public garage in any district where authorized unless the Board shall first determine that the proposed location of such facility will serve the interests of the residents of the Town without any damaging effect upon adjacent properties.

No authorization for a building permit shall be granted by the Board for a membership club in any district where authorized unless the Board shall first determine that such membership club will serve a purely social, athletic or quasi-military purpose; that it will be operated on a membership basis and not conducted as a business; and that the nature of such membership club will not cause or create a nuisance to adjoining properties or to its general neighborhood.

No authorization for a building permit shall be granted by the Board for a cemetery or funeral home in any district where authorized unless the Board shall first determine that such cemetery or funeral home will serve the interests of the residents of the Town without any damaging effect upon adjacent properties.

No authorization for a building permit shall be granted by the Board for a motel or hotel in any district where authorized unless a site plan or development for such motel or hotel shall be submitted to the Board and said Board shall determine that the location of such motel or hotel will not be detrimental to the public health, public safety, morals and general welfare, and that such motel or hotel is reasonable and necessary for the convenience of the community, and that such motel or hotel will not reduce the usable site area of the district to the extent that the remaining area will no longer be suitable for the development of any permitted use or uses of said district. The Board shall be further bound by the following regulations and schedules:

No authorization for a building permit shall be granted by the Board for a single-family dwelling, two-family dwelling or a multiple dwelling in any nonresidential district where authorized unless the Board shall first determine that such use will not reduce the usable site area of the district to the extent that the remaining area will no longer be suitable for the development of any permitted use or uses of said district.

No authorization for a building permit shall be granted by the Board for a public utility building or structure or essential service or facility in any district where authorized unless the Board shall first make the following determinations:

Each ECHO unit shall consist of a single-dwelling unit not to exceed 750 square feet in interior area, on a single level, constructed so as to be readily removable and owned by a county, state or municipal agency which shall be responsible for its removal.

An ECHO unit may be erected only upon lots on which a single-family residence is already located; may not be constructed within the front yard on any lot; shall be constructed and removed in accordance with all applicable ordinances, statutes and regulations; and shall be a conditional use requiring approval of a site plan by the Planning Board and as to all other relevant details by the Health Officer, Fire Subcode Official and Building Subcode Official of the Town of Belvidere.

An ECHO unit shall be permitted only upon application to the Planning Board by the owner of the property upon which the principal residence unit associated with the said ECHO unit is located. The ECHO permit shall be renewable annually upon application of the owner of the property, after certification by the Zoning Enforcement Official of the continuing compliance by the permittee with the conditions of original issuance. Notice of application for the original permit or any renewals shall be served in accordance with the provisions of N.J.S.A. 40:55D-12.

An ECHO unit shall be occupied by no more than two people, who shall be related to each other by blood or marriage, at least one of whom shall be 55 years of age or older and unable to live independently, and at least one of whom shall be related by blood, marriage or adoption to one or more of the persons residing in the principal dwelling associated with the ECHO unit.

An ECHO unit shall not be erected on any lot unless the lot contains an area of at least 11,250 square feet. ECHO units shall in no case be erected within the front yard of the lot as elsewhere defined and, when erected in the side yard or rear yard, shall conform to all provisions of this Chapter 505, Zoning, establishing minimum side and rear yard setback requirements for principal structures for the zone district in which the lot is located, such that the outer walls of the ECHO unit shall be the prescribed distance from side or rear lot boundaries.

An ECHO unit shall conform to all other provisions of the Code of the Town of Belvidere as to accessory structures; may be manufactured dwelling units as elsewhere defined and regulated, provided that the width or shorter horizontal dimension of the unit shall be no less than 22 feet; shall be provided with adequate water supply and sewage disposal arrangements, which shall be by means of interconnections with the facilities of the principal residence as approved by the Code Enforcement Official and the Health Officer; and shall be erected upon a foundation of pressure-treated wood or equivalent material which meets applicable construction codes while allowing complete removal when the need for the unit ends.

An ECHO unit shall be removed from the premises upon the death of the dependent occupant for whom permitted, unless the other occupant (if there be such) and the resident in the principal dwelling specifically request from the Planning Board a continuation of the permit, or upon a permanent change of residence of the said occupant or occupants. Removal shall be completed within 90 days of such event. The site shall be restored such that no visible evidence of the unit remains.

Notwithstanding any other provisions of the Code of the Town of Belvidere, a site plan for the construction of an ECHO unit shall be submitted to the Planning Board for approval prior to the issuance of any permit by a Zoning or other Code Enforcement Official. The approval by the Health Officer of all water and sewage disposal arrangements shall be required before the Planning Board shall act on the application.

An ECHO unit may not be constructed or erected other than upon a single lot for land use purposes as defined by the Municipal Land Use Law, N.J.S.A. 40:55D-7, the definition of "subdivision," exception no. 5, upon which is already located a single-family residence, which is utilized as such.

The applicant applying for permission to construct an ECHO unit shall submit a sketch plat, which shall be to scale, showing the location of all existing or proposed buildings, structures, drives and walkways and the layout of utility services, including proposed water and sewer connections, plus landscaping and screening if such are contemplated. Said sketch site plat shall be endorsed, in writing, by the government agency which will own the ECHO unit. The said site plan sketch shall be of sufficient detail and shall be submitted in sufficient numbers of copies to adequately inform the Planning Board concerning the proposal. The said plat shall be reviewed by the Planning Board and the Board Engineer. The Board Engineer shall determine completeness.

Applicable design guidelines set forth in Chapter 318, Land Development, of the Code of the Town of Belvidere shall guide the applicant in developing the site plan and the Board Engineer in reviewing it.

No fee shall be required for submittal or review of such site plan. The application shall not be deemed complete until approved by the Health Officer, Fire Subcode Official and Building Subcode Official.