Estell Manor City Zoning Code
ARTICLE VIII
Conditional Uses
§ 380-47 Guiding principles.
[Amended by Ord. No. 78-13; Ord. No. 82-6]
A.
Recognizing that certain uses, activities and structures are necessary to serve the needs and convenience of the City and at the same time recognizing that such uses may be or become inimical to the public health, safety and general welfare if located and operated without proper consideration being given to existing conditions and character of the surrounding area, such uses are hereby designated as conditional uses.
B.
The Planning Board shall have jurisdiction and power to grant a permit for a conditional use under the terms and conditions established by this chapter, under the following stipulations and guiding principles:
[Amended 11-5-1997 by Ord. No. 97-6]
(1)
The use for which application is being made is specifically authorized as a conditional use in Article V of this chapter for the zone in which located.
(2)
The design, arrangement and nature of the particular use is such that the public health, safety and welfare will be protected and reasonable consideration is afforded to the:
(a)
Character of the neighborhood and zone.
(b)
Conservation of property values.
(c)
Health and safety of residents or workers on adjacent properties and in the surrounding neighborhood.
(d)
Potential congestion of vehicular traffic or creation of undue hazard.
(e)
Principles and objectives of this chapter, the Master Plan of the City and the Pinelands Comprehensive Management Plans, except where said plan conflicts with the provisions of this Code.
(f)
In addition, the conditional uses shall adhere to the minimum standards specified for the particular use in this article and to such additional conditions and safeguards as in the opinion of the Planning Board will implement the intent and objectives of this chapter.
§ 380-48 Public, parochial or private schools.
[Amended by Ord. No. 86-10; Ord. No. 89-4]
Public, parochial or private schools, including institutions of higher learning, but not trade or business schools, may be permitted in a residential zone district except for the AP Agricultural Production Zone as a conditional use.
A.
The application shall be on the official forms heretofore made part of this chapter and shall include a plot and drainage plan of the site, drawn to scale, indicating overall dimensions, topographical conditions, before and after, the location and intended use of existing and proposed buildings, locations of recreational areas, the relationships of the proposed use to streets and adjacent properties and such physical features as might present any deterrent to the protection of the health and safety of the pupils. The application shall include a complete set of architectural plans and a site plan showing existing and proposed buildings and structures. A statement shall be submitted, indicating the grade levels of the pupils to be housed in the building or buildings, the planned pupil capacity of such building or buildings and the contemplated eventual enrollment of the school.
B.
Before authorizing the Building Inspector to issue a permit, the Planning Board shall determine that the following standards are met:
(1)
Off-street parking shall be provided in the following ratios: elementary schools shall provide one parking space for each staff member or employee, plus adequate space for buses and delivery vehicles; all other schools shall provide 1 1/2 parking spaces for each staff member or employee plus adequate space for buses or delivery vehicles. These requirements may be increased if, in the judgment of the Planning Board, the unavailability of bus services, the particular location or a relatively high percentage of pupils driving or anticipated to be driving cars to school make such increased requirements desirable.
[Amended 11-5-1997 by Ord. No. 97-6]
(2)
No driveway shall open onto a public street within 75 feet of an intersection of the street with another street.
(3)
Illumination for night athletic activities shall be shielded from illuminating adjoining streets and residential areas.
§ 380-49 Places of worship.
[Amended by Ord. No. 89-4]
Places of worship may be permitted in all residential zones, except for the AP Agricultural Production Zone, provided that the Planning Board shall determine that:
A.
The proposed use is a bona fide, nonprofit religious use.
B.
The proposed use in the proposed location will not adversely affect the safe and comfortable enjoyment of property rights and otherwise adversely affect the value of adjacent properties; the design of any structures to be erected in connection with such use are in keeping with the general character of the residential area; and sufficient landscaping, including trees, shrubs and lawn, are provided to appropriately buffer the use from adjoining residential properties and to ensure an attractive appearance for the use.
C.
The buildings will not occupy more than 25% of the lot area and that all other requirements as set forth in this chapter for the zone in which it is to be located are observed, and such use will in no way be detrimental to the surrounding property values. The structure of the use proposed will serve a useful purpose to the general welfare of the City.
§ 380-50 Home crafts.
[Amended by Ord. No. 82-6]
Home crafts, as defined by this chapter, may be permitted in an RV Village Residence Zone, R-5 Residence Zone and SD Special Districts with a conditional use permit, provided that the following standards are met and any other requirements as deemed necessary by the Planning Board.
A.
A home craft shall be carried on entirely within the principal building and shall under no circumstances exceed 20% of the total gross habitable floor area of the principal building.
B.
No crafts shall require interior or exterior alterations of the principal structure.
C.
No sign shall be permitted in connection with home crafts.
D.
No mechanical equipment shall be permitted and no commodity shall be sold on the premises in connection with the home craft.
E.
A home craft shall be carried on only by a member of the family living within the principal structure.
§ 380-51 Home professional office.
[Amended by Ord. No. 82-6]
Home professional offices, as defined by this chapter, may be permitted in an RV Village Residence Zone, R-5 Residence Zone and SD Special Districts with a conditional use permit, provided that the following standards are met and any other requirements as deemed necessary by the Planning Board.
A.
A home professional office shall be carried on entirely within the principal building and shall not, under any circumstances, exceed 50% of the total gross habitable floor area of the principal building.
B.
No home professional office shall require exterior alterations of the principal structure which will cause the structure to be at variance or further at variance with the schedule for the district in which it is located.
C.
No home professional office shall permit the employment of more than two employees who are not permanent residents of the principal structure.
§ 380-52 Public service infrastructure.
[Amended by Ord. No. 89-4]
Public service infrastructure uses, including electric transmission facilities and supporting structures, may be permitted, except that no service or storage yards may be permitted in any zone district with a conditional use. No conditional use permit shall be issued unless the Planning Board shall determine that:
A.
The proposed installation in a specific location is necessary and convenient for the efficiency of the public utility system or the satisfactory and convenient provision of service by the utility to the neighborhood or area in which the particular use is to be located.
B.
The design of any building in connection with such facility conforms to the general character of the area and will not adversely affect the safe and comfortable enjoyment of property rights of the zone in which it is located.
C.
Adequate and attractive fences and other safety devices will be provided.
D.
A buffer strip five feet in width and screening are provided and will be periodically maintained as specified in § 380-39.
E.
Adequate off-street parking will be provided.
F.
All of the area, yard, and building coverage requirements of the respective zone will be met.
§ 380-53 Quasi-public buildings and recreation areas.
Quasi-public buildings and recreation areas and facilities, including clubhouses, parks, playgrounds, tennis courts and other activities operated by nonprofit organizations, may be permitted. Before authorizing the Building Inspector to issue a permit, the Planning Board shall determine that the following standards are met:
A.
A statement setting forth full particulars on the operation of the use and a complete list of the proposed charter membership, including names and resident addresses, shall be filed with the Planning Board.
B.
It is ascertained by the Planning Board that the proposed use is a bona fide, nonprofit organization operated solely for the recreation and enjoyment of the members of the organization.
C.
It is ascertained by the Planning Board that the proposed use in the proposed location will not adversely affect the safe and comfortable enjoyment of property rights and otherwise adversely affect the value of adjacent properties, so that the design of any structures erected in connection with such use is in keeping with the general character of the residential area, and that sufficient landscaping, including trees, shrubs and lawn, is provided to serve as a buffer between the use and adjoining residential properties and to ensure an attractive appearance for the use.
D.
The Planning Board finds that buildings will not occupy more than 25% of the lot area, all other requirements as set forth in this chapter for the zone in which it is to be located are observed, that the use will in no way be detrimental to the surrounding property values and that the structure or use proposed will serve a useful purpose to the general welfare of the City.
E.
The front, rear and side yards shall be increased one foot for each foot by which the building exceeds the height limit herein established for the zone in which it is located.
F.
The appropriate area and number of off-street parking spaces have been established and met.
G.
Signs may be illuminated but nonflashing and limited in area to not more than 15 square feet on any one side and shall not be closer than 15 feet from any property line or five feet from any street line.
§ 380-54 Motor vehicle service stations and tire and battery sales and service.
[Amended by Ord. No. 78-13; Ord. No. 83-4]
Motor vehicle service stations and tire and battery sales and services may be permitted in the HC Highway Commercial Zone, provided that the following standards are observed:
A.
In addition to the information required in the site plan as spelled out in § 380-73A, the site plan shall also show the number and location of fuel tanks to be installed, the dimensions and capacity of each storage tank, the depth the tanks will be placed below the ground, the number and location of pumps to be installed, the type of structure and accessory buildings to be constructed and the number of automobiles which are to be garaged.
B.
The proposed use will not unduly burden public services, including, but not limited to, water, sewer and roads.
C.
Driveways shall not be more than 24 feet wide at any point. Driveways must be at least 10 feet from any side lot line and 25 feet from the intersection of street lines. No more than two driveways shall be permitted for each 100 feet of street frontage.
D.
The entire area of the site traveled by motor vehicle shall be hard-surfaced.
E.
Any repair of motor vehicles shall be performed in a fully enclosed building, and no motor vehicle shall be offered for sale on the site. No motor vehicle parts or partially dismantled motor vehicles shall be stored outside of an enclosed building.
F.
Accessory goods for sale may be displayed on the pump island and the building island only. The outdoor display of oil cans or antifreeze and similar products may be displayed on the respective island if provided for in a suitable metal stand or rack.
G.
No motor vehicle service station, public garage or tire or battery sales outlet shall be located within 500 feet of any public entrance to a school, library, hospital or charitable institution. The distance shall be measured in a straight line from the public entrance to the lot line nearest the entrance along the street line.
H.
Where the uses abut another property, they shall be screened by a buffer strip not less than 10 feet in width. Screening shall be provided along the rear and side property lines. Buffer strips and screening shall be in accordance with the standard set forth in § 380-39.
I.
All fuel pumps shall be located at least 20 feet from any street or property line and shall be attendant operated.
§ 380-55 Extension of use from HC Zone into neighboring zones.
[Amended by Ord. No. 78-13; Ord. No. 82-6;11-5-1997 by Ord. No. 97-6]
Where a lot or parcel is located in part in an HC Zone District and in part in another zone district, the entire lot or a portion thereof not located in the HC Zone District may be used for a purpose permitted in the HC Zone District upon application for a conditional use permit and upon determination by the Planning Board that the following standards and conditions are met:
§ 380-56 Neighborhood business uses in RV Residence Village Zone.
[Amended by Ord. No. 78-13; Ord. No. 82-6]
Neighborhood business uses shall be permitted in the RV Residential Village Zone, provided that the following requirements are met:
A.
Within retail outlet establishments, up to 50% of the building area may be devoted to the processing, assemblage or storing of goods or products to be retailed on the premises, provided that no such area shall front on a public street at street level.
B.
Where the property line of a proposed business lot abuts a residential lot, a buffer area shall be established which shall include an area of land 10 feet in width as measured from the property line. Such buffer area shall be provided with screening as specified in § 380-39.
C.
Neighborhood commercial uses shall front upon a major arterial or major collector road as specified by the Master Plan of the City.
D.
The site plan shall be appropriate to the adjoining area.
§ 380-57 Exemptions to flood hazard and wetlands restrictions.
[Amended by Ord. No. 82-6]
Any use normally allowed or permitted as a conditional use in the zone underlying a Flood Hazard Zone or a wetland may be permitted as a conditional use if the developer can establish to the satisfaction of the Planning Board that the land in question should not be classified as a flood hazard area or wetland and should not be restricted from the specific use proposed. In such case, said proposal shall be exempt from the requirements of § 380-35 of this chapter, but all other regulations applicable to said land use shall apply.
§ 380-58 Development in a Flood Hazard Zone outside wetlands.
[Amended by Ord. No. 82-6]
Development in that portion of the Flood Hazard Zone which is outside the wetlands may be permitted if the applicant demonstrates to the satisfaction of the Planning Board that the development meets the following objectives and conditions:
A.
Protection and maintenance of water table and water recharge areas.
B.
Retention of existing floodwater storage capacity.
C.
Location of construction of public utilities, including sewer, water, gas and electric systems, in a manner which minimizes or eliminates flood damage and infiltration.
D.
Adequacy of the methods of disposal for sewage, refuse and other wastes resulting from the uses permitted on the site and the methods for providing adequate drainage so as to minimize flood damage.
E.
Elevation of the lowest floor, including the basement, of a newly constructed or substantially improved structure at or above the level of the one-hundred-year flood.
§ 380-59 Development in or near wetlands.
[Amended by Ord. No. 82-6; Ord. No. 83-4; Ord. No. 89-4; Ord. No. 93-9]
A.
Uses. No development in the Pinelands Area shall be permitted in a wetland or a wetlands transition area except for the following uses:
(3)
Beekeeping;
(5)
Fish and wildlife activities and wetlands management in accordance with N.J.A.C. 7:50-6.10;
[Amended 11-14-2018 by Ord. No. 04-2018]
(6)
Low-intensity recreational uses which do not involve use of a structure, including hunting, fishing, trapping, hiking, boating and swimming and other low-intensity recreational uses provided that any development associated with those other uses does not result in a significant adverse impact on the wetland as set forth in Subsection B below;
(7)
Private docks, piers, moorings and boat launches for the use of a landowner, provided that there is no significant adverse impact on the wetland as set forth in Subsection B below;
(8)
Commercial or public docks, piers, moorings and boat launches shall be permitted, provided that:
(9)
Bridges, roads, trails and utility transmission and distribution facilities and other similar facilities, provided that:
(a)
There is no feasible alternative route for the facility that does not involve development in a wetland or, if none, that another feasible route which results in less significant adverse impacts on wetlands does not exist.
(b)
The need for the proposed linear improvement cannot be met by existing facilities or modification thereof.
(c)
The use represents a need which overrides the importance of protecting the wetland.
(d)
Development of the facility will include all practical measures to mitigate the adverse impact on the wetland.
(e)
The resources of the Pinelands will not be substantially impaired as a result of the facility and its development as determined exclusively based on the existence of special and unusual circumstances.
(f)
The determination as to whether the standards set forth in this § 380-59A(9) have been met shall be with the approval agency and the Pinelands Commission. If the development does not require the action of any approval agency, then the determination of whether the requirements have been met shall vest in the Zoning Officer of the City of Estell Manor and the Pinelands Commission. The facilities in question shall require the unanimous agreement of both the approval agency or Zoning Officer, as the case may be, and the Pinelands Commission.
B.
Performance standards.
(2)
A significant adverse impact shall be deemed to exist where it is determined that one or more of the following modifications of a wetland will have an irreversible effect on the ecological integrity of the wetland and its biotic components, including, but not limited to, threatened or endangered species of plants or animals:
(a)
An increase in surface water runoff discharging into a wetland;
(b)
A change in the normal seasonal flow patterns in the wetland;
(c)
An alteration of the water table in the wetland;
(d)
An increase in erosion resulting in increased sedimentation in the wetland;
(e)
A change in the natural chemistry of the ground- or surface water in the wetland;
(f)
A loss of wetland habitat;
(g)
A reduction in wetland habitat diversity;
(h)
A change in wetlands species composition; or
(i)
A significant disturbance of areas used by indigenous and migratory wildlife for breeding, nesting or feeding.
§ 380-60 Resource extraction.
[Amended by Ord. No. 82-6; Ord. No. 83-4; Ord. No. 89-4; Ord. No. 97-3; 7-2-2024 by Ord. No. 11-2024]
The continuation of existing resource extraction operations, other than sandwashes, is permitted in the R-25 and R-10 Zones, provided that the applicant meets the requirements of N.J.A.C. 7:50-6, Part VI, Chapter 315, Soil Removal, of the Code of the City of Estell Manor and the following requirements:
A.
Any application filed for conditional use approval of resource extraction operations shall include at least the following information:
(1)
The applicant's name and address and his interest in the subject property.
(2)
The owner's name and address, if different from the applicant's, and the owner's signed consent to the filing of the application.
(3)
The legal description, including block and lot designation and street address, if any, of the subject property.
(4)
A description of all existing uses of the subject property.
(5)
A brief written statement generally describing the proposed development.
(6)
A United States Geological Survey Quadrangle Map, or copy thereof, and a copy of the Municipal Tax Map sheet on which the boundaries of the subject property and the Pinelands management area designation and zoning designation are shown.
(7)
A topographic map at a scale of one inch equals 200 feet, showing the proposed dimensions, location and operations on the subject property.
(8)
The location, size and intended use of all buildings.
(9)
The location of all points of ingress and egress.
(10)
A location map, including the area extending at least 300 feet beyond each boundary of the subject property, showing all streams, wetlands and significant vegetation, forest associations and wildlife habitats.
(11)
The location of all existing and proposed streets and rights-of-way, including railroad rights-of-way.
(12)
A soils map.
(13)
A reclamation plan which includes:
(a)
The method of stockpiling topsoil and overburden;
(b)
The proposed grading and final elevations;
(c)
The topsoil material application and preparation;
(d)
The type, quantity and age of vegetation to be used;
(e)
Fertilizer application, including method and rates;
(f)
Planting method and schedules; and
(g)
Maintenance requirements schedule.
(14)
A signed acknowledgment from both the owner and the applicant that they are responsible for any resource extraction activities which are contrary to any provision of this chapter or of the approved resource extraction plan done by any agent, employee, contractor, subcontractor or any other person authorized to be on the parcel by either the owner or the applicant;
(15)
A financial surety guaranteeing performance of the requirements of this subsection in the form of a letter of credit, certified check, surety bond or other recognized form of financial surety acceptable to the Pinelands Commission. The financial surety shall be equal to the cost of restoration of the area to be excavated during the two-year duration of any approval which is granted. The financial surety shall be posted by the property owner or his agent with the City and, for operations in the Pinelands Area, shall name the Commission and the City as the obligee.
(16)
For operations in the Pinelands Area, a certificate of filing from the Pinelands Commission issued pursuant to N.J.A.C. 7:50-4.34 or, until January 14, 1991, evidence of prior approval from the Pinelands Development Review Board or the Pinelands Commission pursuant to the interim and regulations.
(17)
When prior approval for an operation in the Pinelands Area has been granted by the approval agency, evidence of Pinelands Commission review pursuant to § 380-77E of this chapter.
(18)
If the application includes a proposed diversion from the Kirkwood-Cohansey aquifer, a hydrogeologic report that identifies the volume of the diversion, the volume of water to be returned to the source, a description of the route of return to the source, the methodology used to quantify the volume of water returned to the source and a description of any other existing or proposed water diversions or discharges on or from the parcel. The report shall also include a map that depicts the location of the diversion, the location of the return to source, the location of all existing or proposed resource extraction operations and the location of all wetlands on or within 300 feet of the parcel on which the diversion is proposed.
B.
Resource extraction operations shall be approved only if the applicant can demonstrate that the proposed resource extraction operation:
(1)
Is designed so that no area of excavation, sedimentation pond, storage area, equipment or machinery or other structure or facility is closer than 200 feet to any property line or 500 feet to any residential or nonresource-extraction-related commercial use which is in existence on the date the permit is issued.
(2)
Is to be located on a parcel of land of at least 20 acres.
(3)
Provides that all topsoil that is necessary for restoration will be stored on the site and will be protected from wind or water erosion.
(4)
Is fenced or blocked so as to prevent unauthorized entry into the resource extraction operation through access roads.
(5)
Provides ingress and egress to the resource extraction operation from public roads by way of gravel or porous paved roadways.
(6)
Is designed so that surface runoff will be maintained on the parcel in a manner that will provide for on-site recharge to groundwater.
(7)
Will not involve excavation below the seasonal high water table.
(8)
Will be carried out in accordance with an extraction schedule which depicts the anticipated sequence, as well as anticipated length of time that each portion of the parcel proposed for extraction will be worked.
(9)
Will involve restoration of all disturbed areas at the completion of resource extraction in accordance with the requirements of Subsection C, restoration standards, below and the implementation of the restoration plan is secured by a letter of credit, surety bond or other guaranty of performance in such amount as may be determined by the Planning Board.
(10)
Will not involve clearing adjacent to ponds in excess of 20 acres or an area necessary to complete scheduled operations; or will not involve unreclaimed clearing exceeding 100 acres or 50% of the area to be determined, whichever is less, for age excavation at any time.
(11)
Will not result in a substantial adverse impact upon those significant resources depicted on the Special Areas Map appearing as Figure 7.1 in the Pinelands Comprehensive Management Plan.
C.
All parcels of land which are used for resource extraction operations shall be restored as follows:
(1)
Restoration shall be a continuous process, and each portion of the parcel shall be restored such that the ground cover be established within two years and tree cover established within three years after resource extraction is completed for each portion of the site mined.
(2)
Restoration shall proceed in the same sequence and time frame set out in the extraction schedule in § 380-60B(8).
(3)
All restored areas shall be graded so as to conform to the natural contours of the parcel to the maximum extent practical; grading techniques that help to control erosion and foster revegetation shall be utilized; the slope of surface of restored surfaces shall not exceed one foot vertical to three feet horizontal except as provided in Subsection C(6) of this section.
(4)
Topsoil shall be restored in approximately the same quality and quantity as existed at the time the resource extraction operation was initiated.
(5)
Drainage flows, including direction and volume, shall be restored to the maximum extent practical to those flows existing at the time the resource extraction operation was initiated.
(6)
Any body of water created by the resource extraction operation shall have a shoreline not less than three feet above and three feet below the projected average water table elevation. The shoreline both above and below the surface water elevation shall have a slope of not less than five feet horizontal to one foot vertical. This requirement shall apply to any water body or portion of a water body created after December 5, 1994. For any water body or portion of a water body created prior to December 5, 1994, this requirement shall apply to the extent that it does not require grading of acres which have not been disturbed by mining activities. Where grading would require such disturbance, a reduction in the distance of the graded shoreline above and below the average water table elevation shall be permitted.
(7)
All equipment, machinery and structures, except for structures that are usable for recreational purposes or any other use authorized in the area, shall be removed within six months after the resource extraction operation is terminated and restoration is completed.
(8)
Reclamation shall to the maximum extent practical result in the reestablishment of the vegetation association which existed prior to the extraction activity and shall include:
(a)
Stabilization of exposed areas by establishing ground cover vegetation.
(b)
Reestablishment of the composition of the natural forest and shrub types that existed prior to the extraction activity through one of the following:
[1]
The planting of a minimum of 1,000 one-year-old pitch pine seedlings or other native Pinelands tree species per acre in a random pattern;
[2]
Cluster planting of characteristic Pinelands oak species, such as blackjack oak, bear oak, chestnut oak and black oak, and shrubs such as black huckleberry, sheep laurel and mountain laurel, at a spacing sufficient to ensure establishment of these species;
[3]
A combination of the planting techniques set forth Subsection C(8)(b)[1] and [2] above; or
[4]
The use of other planting techniques or native Pinelands species as may be necessary to restore the vegetation association which existed prior to the extraction activity.
(9)
Slopes beyond a water body's shoreline shall be permitted at the natural angle of repose to the bottom of the pond.
(10)
The letter of credit, surety bond or other guaranty of performance which secures restoration of each section shall be released after the City has determined that the requirements of Subsection C(1) through (9) above are being met and the guaranty of performance is replaced with a maintenance guaranty for a period of two years thereafter.
D.
Except as otherwise authorized in this chapter, the extraction or mining of mineral resources other than sand, gravel, clay and ilmenite is prohibited in the Pinelands Area.
§ 380-61 Shops, stores and markets.
[Amended by Ord. No. 82-6]
Stores, shops and markets as enumerated under § 380-12B(1) shall be permitted in the RV Village Residence Zone with a conditional use, provided that the Planning Board determines that the development plan is appropriate to and compatible with the existing adjacent land uses and shall not adversely affect them, and provided that the proposed structures are designed to harmonize with the general character of the neighborhood.
§ 380-62 Undersized lots of record.
[Amended by Ord. No. 89-4]
Undersized lots of record as enumerated under § 380-33C, as amended, shall be permitted under a conditional use permit, provided that the Planning Board determines that the development plan is appropriate to and compatible with the existing adjacent land uses and shall not adversely affect them and provided that the proposed structures are designed to harmonize with the general character of the neighborhood.