Haddonfield City Zoning Code
ARTICLE VII
Conditional Uses
§ 135-63 Purpose and scope.
The purpose of this article is to set forth the requirements and procedures applicable to conditional uses in accordance with N.J.S.A. 40:55D-67. A conditional use shall not be approved for any site unless the use is specifically approved as a conditional use in the zone for which it is proposed.
§ 135-64 General requirements.
The Planning Board shall not approve any conditional use application for any use under this chapter unless the following general conditions have been met:
A.
Notice of the application has been given, and publication made, pursuant to N.J.S.A. 40:55D-12.
B.
If the lot, or any portion thereof, for which the application for a conditional use is made is in the Historic District (as set forth in Article VI of this chapter), the requirements of the Historic District section of this chapter have been met.
C.
The information required pursuant to § 135-74 for a minor or major site plan application, as appropriate, including a written statement addressing each of the applicable conditional use requirements, has been submitted and the requirements for the conditional use and site plan review have been met; provided, however, that a site plan may be waived in accordance with § 135-68A.
[Amended 5-9-2017 by Ord. No. 2017-06]
D.
The parking required by this chapter for the proposed conditional use is located on the lot for which the application is made or on a contiguous lot which must be subject to a covenant running with the land reserving that parking for the proposed conditional use. Except for restaurants which otherwise meet the conditional use requirements of § 135-65.1B, parking must also comply with the requirements of § 135-86.
[Amended 5-9-2017 by Ord. No. 2017-06]
§ 135-65 Specific requirements outside downtown zoning districts.
[Amended 3-8-1994 by Ord. No. 1692A; 7-23-2002 by Ord. No. 1825, effective 9-15-2002; 4-27-2004 by Ord. No. 12-2004; 7-27-2004 by Ord. No. 20-2004; 6-10-2008 by Ord. No. 2008-13]
For areas outside of the designated downtown zoning districts, the Planning Board shall not approve any conditional use application for any of the following uses under this chapter unless the following enumerated specific conditions have been met:
A.
Private school:
(1)
The minimum lot size shall be 40,000 square feet.
(2)
The maximum floor area ratio shall be 40%.
(3)
The maximum lot coverage shall be 20% for structures and 40% for all impervious surfaces.
(4)
No active recreational area shall be located within 20 feet of any property line, nor in front of the front yard setback line.
(5)
The screening requirements for commercial properties shall be met.
B.
House of worship:
C.
Professional office and dwelling unit:
(1)
One professional office and one dwelling unit may be permitted in existing structures having less than 2,000 square feet (excluding basement area) and two professional offices, and two dwelling units may be permitted in structures having more than 2,000 square feet (excluding basement area).
(2)
No professional office use shall be permitted on any floor other than the ground floor of any structure.
(3)
Parking shall be in accordance with the requirements of this chapter for a professional office use only.
(4)
Parking shall be buffered from adjacent residential uses by a ten-foot planted strip and adequate screening, and from adjacent residential-office uses by a five-foot planted strip and screening.
(5)
The residential character of the structure and the lot shall be maintained.
(6)
No exterior alterations or additions to the structure shall be allowed except for purposes of sanitation or safety.
E.
Service stations:
(1)
The minimum lot size shall be 30,000 square feet.
(2)
The maximum lot coverage shall be 30% for structures and 80% for all impervious surfaces.
(3)
Frontage of no less than 150 feet shall exist on a county road or state highway.
(4)
No retail sales other than of automotive-related products or beverages, cigarettes and snacks shall be permitted.
(5)
Automatic firesafety systems shall be installed at all pumps.
(6)
A traffic study shall be provided prior to approval as a conditional use showing the impact of the use, and the applicant shall be responsible for paying the proportional share of the cost of any off-site improvement which is reasonably required to handle the traffic generated by or using the facility.
F.
Bank or savings institution:
(1)
The minimum lot size shall be 30,000 square feet.
(2)
The maximum lot coverage shall be 30% for structures and 80% for all impervious surfaces.
(3)
A traffic study shall be provided prior to approval as a conditional use showing the impact of the use, and the applicant shall be responsible for paying the proportional share of the cost of any off-site improvement which is reasonably required to handle the traffic generated by or using the facility.
(4)
The lot shall be located on a county road or state highway, and if drive-up facilities are to be provided, shall also be located on or have access to another public street.
H.
Nonprofit swimming club and/or tennis club facility or theatrical group facility:
(1)
All new facilities or changes to an existing facility, including structural, areas of use, parking, landscaping, fencing, drainage, etc., requires site plan review and approval by the Planning Board.
(2)
No buildings and structures of any kind may be located within 25 feet of a residential one boundary unless approval has been granted as a bulk (C) variance.
I.
Senior citizen housing, which is defined as housing designed and constructed as an age-restricted project where at least one resident of any unit must be 62 years of age or older, and all additional residents of the same unit must be 55 years of age or older, except that the spouse of the sixty-two-year-old individual may be younger than 55 years of age.
(1)
Senior citizen housing use is only permitted on property within the R-7 Zone that is within 500 feet of a downtown zoning district.
[Amended 6-9-2009 by Ord. No. 2009-12]
(2)
The minimum lot size shall be 1.5 contiguous acres.
(3)
The maximum number of units allowed for each shall be 40 units of residential housing per acre.
(4)
The lot shall have 100 feet frontage on a public street.
(5)
Any structure for such senior citizen use shall meet the following setback, height, coverage and unit size regulations:
(a)
Minimum 30 feet front yard.
(b)
Minimum 20 feet each side yard.
(c)
Minimum 20 feet rear yard.
(d)
Maximum height: 35 feet (measured from the highest point that the natural grade meets the building).
(e)
Maximum three stories high.
(f)
Maximum building coverage of 35% of lot.
(g)
Maximum impervious coverage of 50% of lot.
(h)
Minimum unit size of 600 square feet.
(6)
Parking areas shall provide for a minimum of 0.75 (3/4) parking spaces per residential housing unit.
(7)
The site and parking shall be buffered as follows:
(a)
From adjacent residential uses by either a planted strip of at least 10 feet and adequate screening, or by a solid fence placed along the property line plus a planted strip of at least five feet.
(b)
From adjacent nonresidential uses by a planted strip of at least five feet, plus either adequate screening or a solid fence placed along the property line.
(8)
At least 50% of the units shall be deed-restricted to occupancy by households with incomes defined as low or moderate by the New Jersey Council on Affordable Housing (or its successor), for a period of not less than 30 years.
§ 135-65.1 Specific requirements within downtown zoning districts.
[Added 6-10-2008 by Ord. No. 2008-13]
For areas within the designated downtown zoning districts, the Planning Board shall not approve any conditional use application for any of the following uses under this chapter unless the following enumerated specific conditions have been met:
A.
Private school (downtown zoning districts):
(1)
School activities shall:
(a)
Be located on the first floor of a principal structure. School activities on upper floors are permitted only with school activities directly underneath on next lower floor with exception of basement. Basement may be used for storage and utilities.
(b)
Be separated (including the restrooms) by a physical barrier from the remaining portion of the building in which it is located.
(c)
If an accessory use, be compatible with principal use in terms of hours of operation, noise, lighting, parking and similar considerations.
(2)
Parking areas and vehicular circulation patterns shall:
(a)
Enhance the safety of children as they arrive at and leave the facility.
(b)
Include a designated pickup and delivery area, which may be a marked area within the public right-of-way, providing at a minimum one stacking space per 20 children, and located adjacent to the school structure in such a way that visitors may avoid walking across vehicular travel ways to enter or exit the center.
(3)
The vehicular access shall not be located on a county road or a state highway. A traffic study shall be provided prior to approval as a conditional use showing the impact of the use, and the applicant shall be responsible for paying the proportional share of the cost of any off-site improvement which is reasonably required to handle the traffic generated by or using the facility.
(4)
The screening requirements for commercial properties shall be met.
(5)
If an outdoor recreation area is provided, it must:
(a)
Be enclosed by a fence which allows air and light to penetrate it and be capable of containing each child using the area.
(b)
Not be within a required building setback.
(c)
Not be closer than 20 feet of any property line.
(d)
Not be within a parking area.
(e)
Not conduct outdoor play activities before 8:00 a.m. or after 8:00 p.m.
(6)
If food service is provided, it must:
(a)
Unless accessory to a restaurant (i.e., cooking school), be limited to food preparation for students and staff and cooking facilities will not be provided.
(b)
Store waste materials and garbage in an enclosed container; such container shall be stored inside the main building or in a separately enclosed structure that will completely confine odors.
B.
Restaurant (downtown zoning districts):
(1)
Plans shall include a scale diagram of the entire interior of the restaurant, showing the location of all receiving, storage, food preparation, cooking, servicing, seating and waiting areas, waste removal and garbage storage areas, and the intended location of tables, counters and their respective seats or chairs.
(2)
Storage of waste materials and garbage shall be an enclosed container, such container shall be stored inside the main building or in a separately enclosed structure that will completely confine odors.
(3)
All cooking and food preparation shall be confined to the ground floor of any structure, except that storage may be in the basement.
(4)
Restaurant services including dining, catering and office support may occur on any floor.
(5)
No restaurant shall have in excess of 5,000 square feet of total floor area, exclusive of storage area.
(6)
A system to vent cooking exhausts and odors shall be provided so that the exhaust and odor shall not offend or disturb nearby commercial or residential uses or intrude on any street, sidewalk or walkway. This shall include the requirement of filters or other technologically adequate means of eliminating oils, grease and odors from the exhaust. Such vents shall be interior and exit through the roof.
(7)
Restaurant use is to be considered the principal use of any structure and not an accessory use.
C.
Bank or savings institution (downtown zoning districts):
(1)
The bank or savings institution is to be located on the first floor, unless accessory to retail use where the institution may be located on an upper floor adjacent to retail use.
(2)
Bank or savings institution use may not be accessory to dwelling units or private school uses.
(3)
The vehicular access for bank or savings institution drive-up facilities shall not be located on a county road or a state highway. A traffic study shall be provided prior to approval as a conditional use showing the impact of the use, and the applicant shall be responsible for paying the proportional share of the cost of any off-site improvement which is reasonably required to handle the traffic generated by or using the drive-up facility.
D.
Personal service (downtown zoning districts):
(1)
Personal service uses on ground floor only.
(2)
Storage of waste materials and garbage shall be an enclosed container; such container shall be stored inside the main building or in a separately enclosed structure that will completely confine odors.
(3)
For activities involving odors, a system to vent exhausts and odors shall be provided so that the exhaust and odor shall not offend or disturb nearby commercial or residential uses or intrude on any street, sidewalk or walkway. This shall include the requirement of filters or other technologically adequate means of eliminating odors from the exhaust. Such vents shall be interior and exit through the roof.
E.
Professional office (downtown zoning districts):
(1)
Parking shall be buffered from adjacent residential uses by a ten-foot planted strip and adequate screening, and from adjacent residential-office uses by a five-foot planted strip and screening.
(2)
For professional offices that are accessory to dwelling units in residential structures, the residential character of the building type and the lot are to be maintained.
(3)
Professional office use may not be accessory to restaurant use.
F.
Home office (downtown zoning districts):
(1)
A home office is only permitted as an accessory use to a principal residential use.
G.
Retail (downtown zoning districts):
(1)
Retail uses on ground floor; retail uses on upper floors permitted only with retail use directly underneath on next lower floor with exception of basement.
(2)
Parking shall be buffered from adjacent residential uses by a ten-foot planted strip and adequate screening.
(3)
If in a residential structure, the residential character of the building type and the lot are to be maintained.
I.
Day care (downtown zoning districts):
(1)
When conducted within a building type defined as residential structure, it must:
(a)
Be an accessory use to a principal residential use.
(b)
Allow no more than 15 arrivals of nonresident persons who are employees, clients, customers or associates of the business during any twenty-four-hour period.
(c)
Have no more than one employee or associate who does not reside at the home.
(d)
Provide a play area either at the home or at a suitable play area (public or owned by a homeowners' association to which the residence belongs) located within 1,000 feet of the home that shall:
[1]
Be enclosed by a fence which allows air and light to penetrate it and be capable of containing each child using the area.
[2]
Not be within a required building setback.
[3]
Not be closer than 20 feet of any property line.
[4]
Not be within a parking area.
[5]
Not conduct outdoor play activities before 8:00 a.m. or after 8:00 p.m.
(2)
Parking areas and vehicular circulation patterns shall:
(a)
Enhance the safety of children as they arrive at and leave the facility.
(b)
Include a designated pickup and delivery area, which may be a marked area within the public right-of-way, providing at a minimum one stacking space per 20 children, and located adjacent to the school structure in such a way that visitors may avoid walking across vehicular travel ways to enter or exit the center.
(3)
The vehicular access shall not be located on a county road or state highway. A traffic study shall be provided prior to approval as a conditional use showing the impact of the use, and the applicant shall be responsible for paying the proportional share of the cost of any off-site improvement which is reasonably required to handle the traffic generated by or using the facility.
(4)
Day care may not be an accessory use where restaurant is the principal use.
(5)
Where day care is an accessory use, it must be compatible with the principal use in terms of hours of operation, noise, lighting, parking and similar consideration.
(6)
The screening requirements for commercial properties shall be met.
J.
Breweries, distilleries and winery salesrooms (downtown zoning districts):
[Added 1-23-2018 by Ord. No. 2017-13]
(1)
Limited licensed brewery, craft distillery and winery salesroom facilities, licensed by New Jersey as per N.J.S.A. 33:1-10(1b), (3d) and (2a) respectively are permitted in the downtown zoning districts D-2, D-3 and D-4 as a conditional use subject to the provisions contained in this section of this Code.
(2)
The license holder of a limited license brewery (hereafter brewery), licensed by the State of New Jersey, is permitted to brew and sell malt alcoholic beverages, as per N.J.S.A. 33:1-10(1b), at a limited license brewery in the Borough of Haddonfield for consumption on premises and for consumption off premises in a quantity of not more than 15.5 fluid gallons per person.
(3)
The license holder of craft distillery license (hereafter distillery) licensed by the State of New Jersey is permitted to manufacture and sell distilled alcoholic beverages as per N.J.S.A. 33:1-10(3d) for consumption on premises and for consumption off premises of not more than five liters per person.
(4)
The license holder of a plenary winery license (hereafter winery) licensed by the State of New Jersey as per N.J.S.A. 33:1-10(2a) is permitted to sell wine at retail in original packages in a winery salesroom apart from the winery premises for consumption on or off premises. Such sales may occur in a winery salesroom and also in a local restaurant.
(5)
The brewery, distillery and winery salesroom may operate for business to serve customers seven days per week. On Sundays the brewery, distillery and winery salesroom may not conduct business by serving customers before 12:00 noon. Sunday through Thursday the brewery, distillery and winery salesroom shall stop serving customers no later than 10:00 p.m., and on Friday and Saturday shall stop serving customers no later than 11:00 p.m. The customers in the above facilities may remain for one hour after service cut off time to finish that which they have been served. The brewery and the distillery are permitted to manufacture their product at any time during any day.
(6)
The brewery and distillery shall not sell food or operate a restaurant on the licensed premises, including in any outdoor facility of the brewery or distillery. Pretzels, potato chips, nuts and other such ready prepared finger food snacks are not prohibited from being provided without charge.
(7)
Live entertainment is prohibited within the brewery, distillery or winery salesroom. Televisions, radios, and recorded music is permitted in compliance with the noise provisions of this Code § 148-1 et seq.
(8)
The brewery, distillery, and winery salesroom may provide for an outdoor seating facility in accordance with § 151-1 et seq., of this Code which shall be controlled by and adjacent to a brewery, distillery, or winery salesroom in a downtown zoning district provided that the Alcohol Beverage Control (ABC) has approved such outdoor seating within the licensed premises area. Customers using the outdoor seating facility must be seated in a seat at a table in an approved location.
(9)
Brewing and distilling may occur in the basement area of the facility, provided that the basement area conditions are safe and the basement area conditions are sanitary. The statute provides for tours of the brewery and distillery; therefore the brewing and distilling area must be safe for those who would be touring the brewery or distillery.
(10)
Plans shall be submitted that include a scale diagram of the entire interior of the brewery, distillery or winery salesroom showing the location of all receiving, storage, brewing or distilling area, servicing, seating and waiting areas, waste removal and garbage storage areas, and the intended location of tables, counters, bars and their respective seats or chairs.
(11)
Storage of waste materials and garbage shall be in enclosed containers, such containers shall be stored inside the main building or in a separately enclosed structure that will completely confine odors, and obstruct view of the waste/garbage.
(12)
Sale of product, tasting, storage, brewing or distilling and office support may occur on any floor.
(13)
No brewery, distillery or winery salesroom shall have in excess of 5,000 square feet of total floor area exclusive of storage area.
(14)
A system to vent brewing or distilling and other exhausts and odors shall be provided so that the exhaust and odor shall not offend or disturb nearby commercial or residential uses or intrude on any street, sidewalk or walkway. This shall include the requirement of filters or other technologically adequate means of eliminating oils, grease and odors from the exhaust. Such vents shall be interior and exit through the roof.
(15)
Brewery, distillery or winery salesroom use is to be considered the principal use of any structure and not an accessory use.
(16)
Brewery, distillery or winery salesroom use is not required to provide motor vehicle parking in the downtown zoning districts of D-2, D-3 and D-4.