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Bogota City Zoning Code

§ 21A-12.2

Specific Standards for Certain Conditional Uses.

[Ord. #1007, A12]
a. 
Automobile Service Stations. Automobile service stations may be permitted in the "B" business and "I" industrial districts provided the following are complied with:
1. 
No outdoor repair or painting of automobiles shall be made in connection with any automobile service station.
2. 
The gasoline dispensing units of any service station shall be set back at least the average depth of such existing front yard setbacks within the same block but in no case shall the setback line be less than twenty (20') feet from the curb line or lines of the street on which said premises shall be located and shall be so located that no vehicles can be serviced from any portion of the street or sidewalk areas. No mobile gasoline pump shall be used or operated no the grounds of any such service station.
3. 
No service station shall be erected on a plot having a front lot line of less than two hundred (200') feet. In the event that said service station shall be erected on a corner plot, the front line thereof shall be that line which is opposite the front wall of the service station. Said use shall be located on a lot having a minimum area of twenty thousand (20,000) square feet, and lot coverage shall not exceed twenty (20%) percent. In addition, if the Planning Board/Zoning Board of Adjustment finds that the nature of the particular use proposed, either by virtue of scale, intensity of use, hazard or other such considerations is such that a larger site area is necessary to protect the public welfare, then it shall impose such additional restriction.
4. 
The entrances to and exits from any such station shall have a maximum aggregate width of one-fourth (1/4) the lot line with an allowance of three (3') foot curb returns at each end of the street line. The street lines of such lot on which said service station is erected other than said entrances and exists shall be curbed in accordance with borough road specifications.
5. 
No such automobile service station shall be permitted within one hundred (100') feet of any lot line of any plot on the same side of the street on which any residence, church, school, firehouse or other public building or other automobile service station is erected.
6. 
All structures, including fuel pumps, car lifts and other service appliances or equipment shall be located not less than thirty (30') feet from side and rear property lines.
7. 
All fuel tanks, or other such containers for the storage of flammable materials, either liquid or solid, shall be installed underground.
b. 
Home Occupations. Home occupation uses, as defined in this chapter, may be permitted in "R-2" and "R-3" residential districts provided that:
1. 
No more than twenty-five (25%) percent of the ground floor area is used for such use;
2. 
No exterior alterations of the principal structure are required in carrying out the contemplated use;
3. 
The use generates no sounds, odors or other objectionable characteristics to adjacent premises;
4. 
No article is offered for sale on the premises;
5. 
There is no display of goods or advertising;
6. 
Such occupation shall not also be carried on in a accessory building; and
7. 
Such occupation shall be practiced by a person using the dwelling as his private residence.
c. 
Public Utilities. Public utility uses, such as high voltage transmission lines and towers, substations, telephone exchanges, and cable television installations, may be permitted in any district in the borough provided that:
1. 
Proof is furnished to the Planning Board/Zoning Board of Adjustment that the proposed installation in a specific location is necessary for the convenient and efficient operation of the public utility system or a satisfactory and convenient provision of service by the utility to the neighborhood or area in which the particular use is located;
[Amended by Ord. No. 11-2]
2. 
The design of any building in connection with such facility conforms to the general character of the area in which it is proposed and will not adversely affect the safe and comfortable employment of property rights of the zone in which it is located. Adequate and attractive fencing and other safety devices will be provided in conjunction with such use and sufficient landscaping, including trees, shrubs, lawns, and other screening shall be provided; and
3. 
Buildings, facilities, fences and other safety devices and landscaping will be periodically maintained.
d. 
Community Residences for the Developmentally Disabled and Community Shelters for Victims of Domestic Violence.
1. 
No such permit shall be issued unless said building or structure complies with the minimum requirements for fire safety, sanitary facilities, and structural safety as established by the current edition of the New Jersey Uniform Construction Code.
2. 
No such permit shall be issued unless said building or structure complies with the minimum current requirements of the Barrier Free Design Regulations as established by the State of New Jersey, Department of Treasury.
3. 
No such permit shall be issued to any community residence or shelter that would be located within fifteen hundred (1,500') feet of an existing community residence or community shelter.
4. 
No additional such permits shall be issued for any community residence or community shelter within the municipality when the number of persons, other than resident staff, resident at existing such community residences or community shelters within the municipality exceed fifty (50) persons, or five-tenths (0.5%) percent of the population of the municipality, whichever is greater.
5. 
Community residences, housing more than six (6) persons, for the developmentally disabled and community shelters for victims of domestic violence shall be permitted as a conditional use in all residential districts, subject to the provisions of this section.
6. 
A community residence or shelter shall comply fully with all zoning and health regulations applicable to single family residences in the zoning district in which it is located.
7. 
A community residence or shelter shall not be occupied by more than fifteen (15) developmentally disabled persons or victims of domestic violence, as defined herein.
8. 
A community residence or shelter must be located at a distance of at least one thousand five hundred (1,500') feet from any other existing community residence, shelter or school.
9. 
A minimum of two (2) parking spaces shall be required for the first six (6) occupants of a community residence or shelter, plus one additional space of each additional three (3) occupants.