Clayton City Zoning Code
ARTICLE IV
Conditional Uses
§ 88-24 Standards for approval of conditional uses.
Before a construction permit or certificate of occupancy shall be issued for any conditional use as permitted by this chapter, application shall be made to the Planning Board. The review by the Planning Board of a conditional use shall include any required site plan review pursuant to this chapter. Public notice and a hearing shall be required as stipulated by this chapter. In deciding applications for conditional use, the Planning Board shall consider the following standards in addition to those which may be enumerated in the applicable section of the chapter:
A.
The surrounding neighborhood should not be adversely affected by unreasonable impacts generated by the proposed conditional use. In particular, the Board should consider the following impacts:
(1)
Traffic generated by the proposed use should:
(a)
Not cause a local residential street to reach a level of service of C or worse, if it is not already at level of service C or worse, as defined by the generally accepted method of the Transportation Research Board.
(b)
Not cause any other street to reach a level of service of D or worse, if it is not already at level of service D or worse, as defined by the generally accepted method of the Transportation Research Board.
(c)
Not create a hazardous traffic condition as determined by a professional transportation engineer or planner.
(2)
Environmental impact.
(a)
All activities and all storage of flammable and explosive materials at any point shall be provided with adequate safety devices against the hazards of fire and explosion and adequate fire-suppression equipment shall be installed and maintained in an operable condition in accordance with the regulations of the Fire Marshal's office, Construction Official and the regulations of applicable local, county, state, and federal agencies.
(b)
No activity shall be permitted which results in an electrical disturbance adversely affecting the operation of any equipment beyond the building in which the disturbance is created.
(c)
There shall be no emission at any point from any chimney or otherwise which can cause damage to human health, to animals or vegetation, or to other forms of property or which will cause any excessive soiling at any point.
(d)
There shall be no discharge at any point into any private or public sewerage system, or into any stream, or into the ground of any materials in such a way, or of such temperature, as to contaminate or otherwise cause the emission of hazardous materials except as regulated by applicable local, state, or federal agencies.
(e)
No activity or use shall produce a sound pressure level on adjacent property in excess of the level permitted by the applicable laws of the State of New Jersey and regulations adopted by the New Jersey Department of Environmental Protection or its successor department, and as currently enforced by the Gloucester County Health Department or any other duly authorized enforcement agency.
(f)
No activity or operation shall produce at any point along the lot line continuous earth-borne vibrations greater than the maximum displacement as permitted in the following table:
Frequency (cycles per second) | Displacement (inches) | ||
|---|---|---|---|
Greater Than | Less Than or Equal To | Residential District | Nonresidential District |
0 | 10 | 0.0004 | 0.0020 |
10 | 20 | 0.0002 | 0.0010 |
20 | 30 | 0.0001 | 0.0006 |
30 | 40 | 0.0001 | 0.0004 |
40 | 50 | 0.0001 | 0.0003 |
50 | — | 0.0001 | 0.0002 |
NOTES: |
|---|
Discrete pulses that do not exceed 100 impulses per minute may not produce more than twice the displacement specified in the table. |
(g)
No activity or use shall produce a strong, dazzling light or reflection of the same beyond its lot lines. Exterior lighting shall be shielded, buffered and directed so that glare, direct light, or reflection will not be a nuisance to adjoining properties, dwellings, streets, districts, or from adjacent buildings within an industrial park. In no event shall a lighting intensity greater than 0.125 footcandle, measured at grade, be permitted beyond the subject lot lines.
(h)
No operation shall release materials capable of becoming odorous, either by bacterial decomposition or chemical reaction, that cause or will cause odorous matter or vapor to be generated so as to be readily discernible without instruments from any point along the boundaries of each lot.
(i)
All fabricating, manufacturing, or assembling activities shall be conducted entirely within enclosed buildings.
B.
The Board may consider the effect that the grant of the conditional use would have on the logical extension of public utilities and streets.
§ 88-25 Conditional use regulations for specific principal and accessory uses.
The following regulations are for specific principal and accessory conditional uses as noted below.
A.
Assisted-living residence, convalescent home or sanitarium, provided that:
(1)
The use occurs on a lot of three acres or more in area.
(2)
Each lot used for this purpose shall have a minimum street frontage and lot width of 200 feet.
(3)
No structure shall be provided within 100 feet of a public street or property line.
(4)
The 25 feet closest to the property line or the public street shall be bermed and landscaped so as to screen the use from view.
(5)
The maximum permitted building coverage shall not exceed 20%.
(6)
The maximum permitted impervious coverage shall not exceed 40%.
(7)
The maximum height of any structure shall not exceed 25 feet.
(9)
The facility is licensed by the Department of Health of the State of New Jersey.
(10)
The architectural style and scale of the structure shall be consistent with the residential structures in the surrounding area, i.e., the facility should appear like a large single-family home.
B.
Towers and/or antennas designed for cellular communications, personal communications services or other communication technologies, provided that:
(1)
It is the intent of these regulations to permit communication towers and/or antennas in locations in accordance with the following set of preferences, listed in a descending order of priority:
(a)
Co-location on existing communication towers, including existing towers for similar services.
(b)
On existing towers or structures used for other purposes, e.g., water towers, other high structures, etc.
(c)
New towers located in I Industrial Districts.
(d)
New towers located in other nonresidential districts.
(2)
If the proposed tower or antenna is part of a system or network of such facilities, a map indicating the location of existing sites used by the applicant and other companies providing the same service, as well as the potential location for additional sites, must be presented for Clayton and for an area within one mile of the corporate limits of Clayton.
(3)
If a new tower is needed to serve the requested antenna, the tower shall be so designed as to be capable of holding additional sets of antennas, needed by the applicant or other communication service providers.
(4)
If the applicant is unable to utilize an existing tower location due to insufficient structural capacity, a report verifying the same must be prepared and submitted by a professional engineer.
(5)
The use occurs on a lot of two acres or more in area, except in the I Industrial District, where there is no minimum lot size.
(6)
Each lot used for this purpose shall have a minimum street frontage and lot width of 200 feet, except in the I Industrial District, where the minimum street frontage shall be 25 feet.
(7)
No tower shall be located within 150 feet of a residential district or the property line of a residential use and 100 feet of a public street or 50 feet of a property line in a nonresidential district, except if mounted on an existing structure.
(8)
The maximum permitted gross floor area for any equipment building accessory to a tower or antenna is 2,000 square feet.
(9)
The maximum permitted yard area available for a tower, equipment or service buildings, parking and other essential features of a site and typically located within a fenced area is 10,000 square feet.
(10)
The maximum height of any structure shall not exceed 100 feet.
(12)
The architectural style and exterior finish of any structure shall be compatible with the uses and structures in the surrounding area.
(13)
For all new facilities, the tower shall be designed to resemble a woody tree with a single trunk and branches on its upper part whenever they are located within 200 feet of a residential district.
C.
A church, synagogue, or similar place of religious worship, provided that:
(1)
The use occurs on a lot of two acres or more in area.
(2)
Each lot used for this purpose shall have a minimum street frontage and lot width of 200 feet.
(3)
No structure shall be provided within 75 feet of a public street or property line.
(4)
The maximum permitted building coverage shall not exceed 20%.
(5)
The maximum permitted impervious coverage shall not exceed 50%.
(6)
The 25 feet closest to the property line or the public street shall be bermed and landscaped so as to screen the use from view.
(7)
The maximum height of any structure shall not exceed 35 feet except that a steeple may extend to a height of 60 feet.
D.
A club, lodge, or similar fraternal organization, provided that:
(1)
The use occurs on a lot of two acres or more in area.
(2)
Each lot used for this purpose shall have a minimum street frontage and lot width of 200 feet.
(3)
No structure shall be provided within 75 feet of a public street or property line.
(4)
The 25 feet closest to the property line or the public street shall be bermed and landscaped so as to screen the use from view.
(5)
The maximum permitted building coverage shall not exceed 20%.
(6)
The maximum permitted impervious coverage shall not exceed 50%.
(7)
The maximum height of any structure shall not exceed 35 feet.
E.
A cemetery or memorial park, provided that:
(1)
The use occurs on a lot of 10 acres or more in area, except as modified below.
(2)
Each lot used for this purpose shall have a minimum street frontage and lot width of 200 feet.
(3)
No structure shall be provided within 75 feet of a public street or property line; provided, however, that graves and headstones not exceeding five feet in height may be placed not less than 50 feet from a public street or property line.
(4)
The 25 feet closest to the property line or the public street shall be bermed and landscaped so as to screen the use from view.
(5)
The maximum permitted building coverage shall not exceed 20%.
(6)
The maximum permitted impervious coverage shall not exceed 50%.
(7)
The maximum height of any structure shall not exceed 25 feet.
(9)
Crematories shall only be permitted on tracts of 25 acres or more and shall be designed so that chimneys are not located within 500 feet of any street or property line.
F.
A continuing-care facility, provided that:
(1)
The continuing-care facility must be provided on a tract of land at least 20 acres in area.
(2)
Each lot used for this purpose shall have a minimum street frontage and lot width of 300 feet.
(3)
The continuing-care facility must contain at least 50% single-family detached or zero-lot-line dwellings. The remaining dwellings may be of any other type otherwise permitted in this chapter.
(4)
The overall density of the continuing-care facility may not exceed four dwelling units per acre.
(5)
The bulk standards of the underlying zoning district shall not apply to this use. Instead, the following standards shall be adhered to:
(a)
No structure shall be provided within 75 feet of a property line or a public street.
(b)
The 25 feet closest to the property line or the public street shall be bermed and landscaped so as to screen the use from view.
(c)
No principal structure shall be located within 35 feet of another principal structure, except that zero-lot-line homes may be located within 25 feet of each other.
(d)
The maximum permitted building coverage shall not exceed 20%.
(e)
The maximum permitted impervious coverage shall not exceed 35%.
(f)
The maximum height of any structure shall be 45 feet.
(6)
Nursing beds shall be provided on site and must be licensed by the State of New Jersey. They must be available within three months of the initial occupancy of the continuing care facility and must be reserved for the exclusive use of the residents of the facility no later than five years after the initial occupancy of the development. No more than one nursing bed shall be provided for every five residents, calculated at the rate of 1.25 residents per dwelling unit.
(7)
Every conditional use granted for a continuing-care facility shall contain a restriction that the land be deed restricted for that use. In the event that the continuing care use shall cease to exist at some point in the future, the land must be used for another use permitted in the underlying zoning district. The reuse of a continuing-care facility for non-age-restricted multifamily housing is specifically prohibited.[1]
[1]
Editor's Note: Former § 25A(7), which immediately followed this subsection and provided for community residences for the developmentally disabled and community shelters for victims of domestic violence and persons with head injury, was repealed 6-13-2002 by Ord. No. 10-02.
G.
Day-care center, provided that:
(1)
The use shall occur on a tract with a minimum area of one acre.
(2)
Each lot used for this purpose shall have a minimum street frontage and lot width of 150 feet.
(3)
No structure shall be provided within 50 feet of a public street or property line.
(4)
The maximum permitted building coverage shall not exceed 20%.
(5)
The maximum permitted impervious coverage shall not exceed 50%.
(6)
The 25 feet closest to the property line or the public street shall be bermed and landscaped so as to screen the use from view.
(7)
The maximum height of any structure shall not exceed 35 feet.
(8)
A minimum interior area of 40 square feet per person must be provided for the day care use on the first floor, exclusive of hallways, closets, bathrooms, kitchens, and related areas.
(9)
A minimum outdoor play or recreation area of 100 square feet per person must be provided within a fenced area located within the rear or side yard area.
(10)
The use must be licensed by appropriate state and local officials.
(11)
Care may not be provided for more than 18 hours within any one day.
H.
Home occupations, subject to the following conditions. In the case of more than one home occupation per dwelling, these regulations shall apply to the sum of all such uses:
(1)
The home occupation may not employ more than one person who is not a member of the household residing in the dwelling.
(2)
The home occupation must be of a nature that will not generally generate traffic caused by clients or customers visiting the dwelling. The retail sale of goods is prohibited.
(3)
The residential exterior appearance of the structure shall not be altered.
(4)
Not more than 20% of the total floor area of the dwelling, including any basement, may be devoted to the home occupation use.
(5)
There shall be no outdoor storage or display of materials, products or equipment.
(6)
One off-street parking space must be provided in addition to those required for the dwelling if a nonresident person is employed in conjunction with the home occupation use. Parking lot design criteria is waived for this use.
(7)
A sign no larger than two square feet may be used to identify the use and may not be illuminated. If freestanding, the height of the sign may not exceed four feet and it must be set back at least 15 feet from a street or property line.
(8)
A sealed survey of the subject property may be submitted to demonstrate the use of the property and the adequacy of the parking provided.
I.
Satellite dish or microwave antennas, including those larger than permitted by right in the district, provided that:
(1)
The dish or antenna must be placed in a rear yard area. Rooftop installation is specifically prohibited.
(2)
The dish or antenna must be screened by landscaping to a height of no less than four feet along all sides, except that a clear passage may be maintained for the minimum width necessary to achieve line-of-sight contact with the satellites to be served.
(3)
No more than one such dish or antenna shall be permitted per lot.
J.
Heliports, provided that:
(1)
The heliport is not a principal use.
(2)
The heliport is designed and operated in full compliance with all rules and regulations of applicable state and federal agencies.
(3)
The heliport shall not be located within 1,000 feet of the boundary line of any residential zoning district or residential dwelling.
K.
Self-service storage facilities, provided that the following conditions are met:
(1)
Off-street parking shall be provided at the office at the rate of two spaces per 100 storage units plus two spaces for the manager's apartment.
(2)
One ten-foot-wide parking/loading lane shall be provided adjacent to each bay of storage buildings, exclusive of required aisle widths.
(3)
The minimum aisle width, exclusive of parking/travel lanes, shall be 15 feet for one-way traffic flow and 24 feet for two-way traffic flow.
(4)
Self-service storage facilities shall not exceed one story in height.
(5)
Self-service storage facilities shall be designed so that the exterior of the development is composed of solid masonry walls, unbroken by garage doors, or by a decorative fence. Chain-link fences are specifically prohibited. No portion of the facility shall be unprotected by either a solid wall or fence.
(6)
Each facility will be heavily landscaped to lessen the impact of the severe exterior wall or fence.
(7)
One resident manager's apartment shall be required for on-site supervision.
(8)
The facility shall agree to include in each storage unit lease a prohibition on the storage of toxic, explosive, hazardous, or illegal materials.
L.
Private recreational use of a primarily outdoor character, such as swim clubs, tennis clubs, country clubs, or similar facilities.
(1)
The use occurs on a lot of two acres or more in area.
(2)
Each lot used for this purpose shall have a minimum street frontage and lot width of 300 feet.
(3)
No structure shall be provided within 75 feet of a public street or property line.
(4)
The maximum permitted building coverage shall not exceed 20%.
(5)
The maximum permitted impervious coverage shall not exceed 50%.
(6)
The 25 feet closest to the property line or the public street shall be bermed and landscaped so as to screen the use from view and act as an effective sound buffer, in accordance with § 88-33.
(7)
The maximum height of any structure shall not exceed 35 feet except that a steeple may extend to a height of 60 feet.
(9)
Facilities provided with lighting for nighttime use, e.g. tennis courts, may be located no closer than 200 feet to an adjoining street or property line and must be designed with landscaping or other screening in addition to that required in Subsection L(6) above. The lighting of facilities must be terminated by 11:00 p.m.
M.
Outdoor storage of any kind as an accessory use of a commercial or industrial use, as permitted by the district.
(1)
Outside storage shall be located no closer than 100 feet to any street or, if located in a side yard area along a building, it must be behind the front half (based on the average building depth) of the building, whichever results in a greater setback.
(2)
If outside storage is proposed for the side yard along a building or behind the front yard area of a corner lot, it must be screened with a wall, solid fence or berm to a height no greater than eight feet. This screening must be accompanied by landscaping, which must include a combination of evergreen and deciduous materials designed in conjunction with the overall site landscaping plan.
(3)
Materials stacked within an outside storage area shall not be stacked higher than the height of the screening material or eight feet, whichever is less.
(4)
Outside storage shall be placed at least 20 feet from any property line, except in the rear yard area, where the setback may be reduced to 10 feet where the length and use of the lot and the nature of the adjoining uses make the full setback not practical or not necessary.
(5)
Outdoor storage shall not cover more than 20% of the lot.
(6)
Outdoor storage adjacent to a residential district or use shall be screened to the same extent as described in Subsection M(2) above.
(7)
A request for outside storage must be accompanied by a complete site plan, landscaping plan and cross sections, where appropriate. If planned for an area adjacent to a residential district or use, the plan must indicate the location of all residential structures within 200 feet of all property lines, and a general description and plan of the existing vegetation along the common boundary line must be provided.
N.
Automobile sales, for both new and used vehicles, provided that the use is not carried out on the same lot with or in conjunction with any towing, auto wrecking, auto recycling, junkyard, auto body or general auto repair operation.
(1)
The use occurs on a lot with a minimum area of one acre and a minimum street frontage of 150 feet.
(2)
Any structure used for the display of vehicles, office functions and incidental preparation of vehicles shall be set back a minimum of 100 feet from the street and 75 feet from a residential use or district and 50 feet from other property lines.
(3)
Parking for the inventory of vehicles may be no closer than 20 feet to the street line and residentially zoned or used properties and 15 feet to side property lines. The parking setback from the rear line shall be a minimum of 25 feet.
(4)
No repairs of any kind may be performed on the property except for services needed to prepare a vehicle for sale, including, for example, cleaning, washing, inspecting and other incidental maintenance or warranty repair work and other repair service conducted as an accessory use.
(5)
All vehicles on the lot must be registered or be in a condition to be registered within seven days.
O.
Service stations, provided that:
(1)
The use occurs on a lot with a minimum area of 20,000 square feet and shall have a minimum street frontage of 150 feet.
(2)
No service station/auto repair shall be located within 500 feet of any firehouse, school, playground, church, hospital, public building or institution or within 2,000 feet of an existing service station.
(3)
No structure, except for canopies, shall be provided within 75 feet of a public street or property line. Canopies shall have a minimum setback of 30 feet from all property lines.
(4)
All appliances, pits, storage areas and trash facilities other than fuel pumps or air pumps shall be within a building. Gasoline filling pumps and air pumps shall be permitted within the required front yard space of a service station but shall be no closer than 50 feet to any present or future street line. Propane filling stations and tanks may not be located in a front yard. All lubrication, repair or similar activities shall be performed in a fully enclosed building, and no dismantled parts shall be displayed outside of an enclosed building.
(5)
No junked motor vehicle or part thereof or motor vehicle incapable of normal operation upon the highway shall be permitted on the premises of any service station. It shall be deemed prima facie evidence of violation of this chapter if more than three motor vehicles incapable of operation are located at any one time upon the premises not within a closed and roofed building; except, however, that a number not exceeding six motor vehicles may be located upon any service station premises outside of a closed or roofed building for a period of time not to exceed seven days, and provided that the owners of said motor vehicles are awaiting their repair or disposition.
(6)
The 25 feet closest to the property line or the public street shall be bermed and landscaped so as to screen the use from view.
(7)
The maximum permitted building coverage shall not exceed 20%.
(8)
The maximum permitted impervious coverage shall not exceed 40%.
(9)
The maximum height of any structure shall not exceed 25 feet.
(11)
The facility is licensed by the appropriate agency of the State of New Jersey.
(12)
The architectural style and scale of the structure shall be consistent with the residential structures in the surrounding area, i.e., the facility should appear like a large single-family home.
(13)
The sale of automobiles shall be prohibited on any property used in conjunction with this section.
P.
Fast-food or drive-in restaurants, only as part of a shopping center, provided that access and egress must be provided from within the shopping center, i.e., access and egress movements directly from the public streets to the restaurant site are prohibited.
(1)
Minimum lot area, as determined by lease or deed, 30,000 square feet.
(2)
The design and architectural features of the building, i.e., facade materials, roofing materials, sign characteristics, and the accompanying improvements, i.e., walls, signs, trash enclosures, etc., shall be the same as or be compatible with the principal structures in the shopping center.
(5)
The location of a fast-food restaurant on a shopping center site shall not change the landscaping and buffering requirements for a shopping center, including buffer and landscaping along a street.
(6)
Buffer plantings and interior parking lot landscaping should be provided as specified in § 88-33.
(7)
Indoor or outdoor recreational facilities or playgrounds included with fast-food restaurants shall not be located between the main structure and any street.