Hainesport City Zoning Code
ARTICLE X
Conditional Uses; Conditions and Restrictions
§ 104-67 Guiding principles.
Recognizing that certain uses, activities and structures are necessary to serve the needs and conveniences of the Township of Hainesport 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 differentiated from permitted uses and nonpermitted uses by this article and are referred to hereinafter as "conditional uses." In addition to other powers conferred by this chapter and applicable statutes, the reviewing board shall have original jurisdiction pursuant to the procedural requirements established in Article V of this chapter to grant a permit for a conditional use under the terms and conditions established by this chapter, and under the following stipulations and guidelines:
A.
Specifically authorized. The use for which application for a conditional use permit is being made must be specifically authorized as a conditional use in Article VII of this chapter for the zone in which located.
C.
Standards. It shall be the applicant's responsibility to demonstrate to the reviewing board that the design, arrangement and nature of the particular use as supported by development plans and documentation are such that the public health, safety and welfare will be protected and:
(1)
The conditional use will not adversely affect the safe and comfortable enjoyment of property rights or otherwise adversely affect the value of adjacent properties.
(2)
The development plans provide for structures and site improvements in keeping with the general character of the zoning district and sufficient landscaping, including trees, shrubs and lawn areas, to enhance the area and appropriately buffer the use from adjoining residential districts or uses.
(3)
The conditional use will serve a useful purpose to the general welfare of the Township and/or satisfy an established need in the community.
(4)
The conditional use and development plans will not constitute any nuisance, safety hazard or health hazard due to site lighting, noise, odors, sewage disposal, vibration, the nature and method of storage, use or disposal of materials, parking and traffic circulation, hours of operation, site signing or pollution of the environment.
(5)
The conditional use and development plan adhere to the minimum standards for development specified in Article XII of this chapter as well as the special conditions and safeguards as in the opinion of the reviewing board will implement the intent and objectives of this article and the special conditions or restrictions listed in § 104-68 et seq.
§ 104-68 Animal husbandry.
[Amended 4-12-1994 by Ord. No. 1994-4-3]
Animal husbandry shall be permitted as a conditional use in the following districts: R-1, R-2 and R-3, subject to the restrictions set forth in § 104-54F of this chapter.
§ 104-69 Cemetery.
[Amended 4-12-1994 by Ord. No. 1994-4-3]
A cemetery shall be permitted as a conditional use in the following districts: R-1, R-2 and R-3. The minimum lot size shall be two acres, and the site shall be fenced, landscaped and licensed by the State of New Jersey.
§ 104-70 Club or lodge.
[Amended 4-12-1994 by Ord. No. 1994-4-3]
A club or lodge for fraternal or social purposes shall be permitted as a conditional use in the following districts: R-1, R-2 and R-3. The minimum lot size shall be one acre; side yard: two at 30 feet each; and rear yard: 50 feet to building (minimum) and 25 feet to parking lot or drive (minimum). Buildings shall be set back not less than 50 feet from the front property line. The club or lodge shall service local residents and shall not be a tavern, bar or other establishment requiring a liquor license or admitting nonmembers on a regular basis.
§ 104-71 Self-storage facilities. [1]
[Added 4-12-2011 by Ord. No. 2011-2-3]
Self-storage facilities shall be permitted as a conditional use in the following districts: Industrial-1, Business Park BP, and Highway Commercial HC, provided that the use does not constitute a nuisance or hazard for any reason in the neighborhood or for adjacent properties which promote safety, and a harmonious integration of the facilities as permitted uses within the Master Plan and the land use regulations of the Township. Self-storage facilities shall be permitted subject the certain other specific conditions as follows:
A.
Unless the proposed facility is entirely within a building and all access to individual units is within that building, facilities shall be surrounded by a fence six feet in height of the type permitted by § 104-53G.
B.
All driveways and aisle ways shall be subject to the review and approval of the Fire Subcode Official.
C.
Storage of motor vehicles, except vehicles which are qualified to be and licensed as antique vehicles or qualify for insurance purposes as collectible, is prohibited. It shall be the specific intent of this provision to prohibit storage of vehicles that are regularly used and allow only the storage of vehicles that have some extrinsic value due to age or other consideration and are not used on a regular basis.
D.
Repairs of motor vehicles, boats or any other machinery (including antique or collectible vehicles) are prohibited.
E.
Facilities shall be subject to methods of providing twenty-four-hour-per-day security as approved by the reviewing agency.
F.
Storage of flammable or hazardous materials, as those terms are defined by the Uniform Fire Code, the United States Environmental Protection Agency and/or the New Jersey Department of Environmental Protection (whichever definition is the most stringent), shall be strictly prohibited.
G.
All setback and buffering requirements, especially for areas abutting residential zones or existing residential uses, shall be strictly applied.
[1]
Editor's Note: Former § 104-71, Front yard fences, was repealed 2-9-1999 by Ord. No. 1999-2-1. See now § 104-53G(6)(b).
§ 104-72 Home occupation.
[Amended 4-12-1994 by Ord. No. 1994-4-3]
A home occupation shall be permitted as a conditional use in the following districts: R-1 and R-2, provided that the use does not constitute a nuisance or hazard for any reason in the neighborhood or for adjacent properties. A home occupation or home craft conditional use is, by definition, an occupation carried on as a subordinate use to the primary residential use solely by a member(s) of the family residing on the premises of a residential lot. The residence is not to appear as a commercial venture, and the use is to be contained inside of the dwelling and/or garage on site. Outdoor storage or work areas as an extension of the home occupation will not be permitted except for gardening. Retail sales shall not be conducted on the site of a home occupation approved as a conditional use. Pursuant to N.J.S.A. 40:55D-66.4 and 40:55D-66.5,[1] family day-care homes shall be deemed to be a home occupation.
[1]
Editor's Note: N.J.S.A. 40:55D-66.4 and 40:55D-66.5 were repealed by L. 1998, c. 139.
§ 104-73 Home professional office or studio.
[Amended 4-12-1994 by Ord. No. 1994-4-3]
A home professional office or studio shall be permitted as a conditional use in the following districts: R-1 and R-2, if proposed on a lot containing less than one acre (43,560 square feet). A home professional office or studio shall be considered an allowable (not conditional) use in the R-1 and R-2 Districts if located on a lot containing one acre or more in lot area and provided that the professional appear before the Planning Board representing his or her credentials and such other information as may be required by the Board prior to issuance of an occupancy permit for the home professional occupation use. The following standards shall be met in addition to those applied by the reviewing board for a home professional occupation qualifying as a conditional use:
A.
The home professional occupation shall be carried on entirely within the principal building and shall not, under any circumstances, exceed 40% of the total gross habitable floor area of the principal building.
B.
No such home professional occupation shall require exterior alterations of the principal structure which will cause the structure to be at variance or further variance with the schedule for yard and lot areas for the district in which located.
C.
No home professional occupation shall permit the employment of more than one employee who is not a permanent resident of the principal structure. In each case the residence shall be the principal residence of and occupied by the professional.
D.
No home professional occupation shall permit any advertising display other than a professional home plate in the front yard (three square feet maximum) and a nameplate on the building entrance (one square foot maximum).
§ 104-74 Sexually oriented businesses. [1]
[Added 4-12-2011 by Ord. No. 2011-2-3]
Sexually oriented businesses shall be permitted as a conditional use in the Industrial-1 District and shall be permitted as a conditional use provided that the use does not constitute a nuisance or hazard for any reason in the neighborhood or for adjacent properties which promote safety, and a harmonious integration of the facilities as permitted uses within the Master Plan and the land use regulations of the Township. Sexually oriented businesses shall be permitted subject the certain other specific conditions as follows:
A.
Compliance with all regulations as established in Chapter 150, Sexually Oriented Businesses, of the Code of the Township of Hainesport.
B.
A sexually oriented business shall not be located within 1,000 feet of the following:
C.
For the purpose of Subsection B, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business is conducted to the nearest property line of the premises of a church or place of religious worship, or public or private elementary or secondary school, or to the nearest boundary of an affected public park, residential district, or residential lot.
D.
Every sexually oriented business shall be surrounded by a perimeter buffer of at least 50 feet in width with plantings, a fence, and other physical dividers along the outside of the perimeter sufficient to impede the view of the interior of the premises in which the business is located. All such plant material shall be a minimum of six feet in height at the time of planting along any common property line.
[1]
Editor's Note: Former § 104-74, Personal service shop, as amended 9-27-1983 by Ord. No. 1983-12 and 4-9-1985 by Ord. No. 1985-4, was repealed 8-25-1987 by Ord. No. 1987-9-6.
§ 104-75 Restaurant.
[Amended 8-25-1987 by Ord. No. 1987-9-6]
(Reserved)
§ 104-76 Recreational use: camps.
[Amended 8-25-1987 by Ord. No. 1987-9-6]
(Reserved)
§ 104-77 Movie theaters.
[Amended 8-25-1987 by Ord. No. 1987-9-6]
Movie theaters, where permitted as a conditional use, are subject to the following conditions:
A.
There shall be one acre of land for each screen.
B.
The minimum lot size is four acres.
C.
There shall be 400 feet of frontage.
D.
There shall be access to a collector road as well as a state highway.
E.
There shall be a limit of eight screens in any one building.
F.
There shall be 2,500 feet between theaters.
§ 104-78 Uses in Office Zones.
[Amended 4-12-1994 by Ord. No. 1994-4-3; 8-24-1999 by Ord. No. 1999-5-7]
Uses, where permitted as a conditional use, are subject to the following conditions:
A.
Commercial.
(1)
Minimum lot size. The minimum lot size for any commercial use shall not be less than 15 acres.
(2)
Maximum building size. The maximum gross area of any single building shall not exceed 55,000 square feet.
(3)
Minimum front yard setback. The minimum front yard setback of any commercial or office use shall not be less than 150 feet.
(4)
Minimum frontage. The minimum frontage requirement of any commercial use shall not be less than 1,000 feet.
(5)
Minimum buffer. The minimum buffer to any residential district or use shall be a minimum of 50 feet.
B.
Assisted living. Assisted living, where permitted as a conditional use, is subject to the following conditions:
(1)
Minimum five-acre tract.
(2)
Maximum of 60 units.
(3)
Architecture shall be complementary to the area, one story and residential in character.
(4)
A buffer of 25 feet shall be provided to all adjacent uses.
(5)
Parking shall be 0.5 space per dwelling unit.
(6)
Green space shall be 25% minimum.
(7)
No detention basins shall be permitted in the front yard.
(8)
No parking is permitted in the front yard.
(9)
Public sewer is required.
(10)
The facility must provide twenty-four-hour on-site management and must comply with all licenses required by the state.
(11)
The bulk criteria of the Office Zone shall be met by this conditional use.
(12)
The conditional use approval shall not be granted if the total number of persons, other than residential staff, residing in aggregate at such assisted living units throughout the Township exceeds 100 persons or 1.0% of the population of the Township, whichever is greater.
(13)
The owner shall income-qualify all residents for potential Council on Affordable Housing credits annually and supply all data necessary for Township certification.
§ 104-79 Uses in Professional Office Zones.
[Amended 4-12-1994 by Ord. No. 1994-4-3; 8-24-1999 by Ord. No. 1999-5-7]
Uses, where permitted as a conditional use, are subject to the following conditions:
A.
Child-care centers.
(1)
All child-care centers shall be located on the first floor of a building and may be extended to the second floor of a building; basements and cellars may only be used for ancillary storage of equipment and materials.
(2)
A minimum of 100 square feet per child of outdoor space adjacent the center shall be provided and shall be adequately fenced or otherwise protected from hazards, traffic and driveways.
(3)
The hours of operation shall be limited to 6:00 a.m. to 8:00 p.m.
(4)
Child-care centers shall provide one parking space per employee plus one additional parking space for every eight children. Adequate space shall be provided for the loading and unloading of children, which shall take place on site and not in the public right-of-way.
(5)
Location of access driveways, landscaping, signage and general site plan design shall be compatible with the neighborhood on which it is to be located. The location of any child-care center shall be appropriately situated in relation to the use of area it is intended to serve.
(6)
Where a child-care center is provided as a principal use as permitted in this chapter, the following area and yard requirements shall apply:
Principal Building Minimum | |
|---|---|
Lot area | 1 acre |
Lot frontage | 150 feet |
Lot width | 150 feet |
Side yard (each) | 20 feet |
Front yard | 50 feet |
Rear yard | 35 feet |
(7)
Adequate landscape screening shall be provided along lot lines common with residential uses or districts, where applicable.
(8)
One unlighted sign not exceeding 30 square feet in area and 10 feet in height is permitted. The sign shall be set back at least 25 feet from all street and property lines.
(9)
No outside area designated for play or utilized by the children as a waiting area shall be within the 100-year floodplain, wetlands or wetlands buffer.
(10)
Any child-care center shall comply with all state standards and licensing requirements.
(11)
All other applicable requirements of this chapter shall apply.
§ 104-79.1 Uses in Senior Citizen Zones.
[Added 8-24-1999 by Ord. No. 1999-5-7]
Uses, where permitted as a conditional use, are subject to the following conditions:
A.
General Commercial.
B.
Office.
(1)
Preservation of existing vegetation. Every effort shall be made to preserve existing vegetation. A maximum of 60% of all trees within the lot area of development may be removed for purposes of development.
(2)
Commercial/office dimensional standards. Where a commercial or office use is proposed as a conditional use, dimensional and other requirements shall be as follows:
(a)
Maximum lot size. The maximum lot size for any commercial or office use shall be 2.5 acres, to be located with frontage along a county road or state highway.
(b)
Maximum impervious coverage limit. The maximum impervious limit is 60% of the commercial or office area.
(c)
Minimum front yard setback. The minimum front yard setback of any commercial or office use shall not be less than 150 feet from a county road or state highway. The minimum setback of any residential structure shall not be less than 300 feet from County Route 541 (the Mount Holly Bypass).
§ 104-80 Catering establishment.
§ 104-81 Fast-food restaurant.
[Added 8-25-1987 by Ord. No. 1987-9-6]
Fast-food restaurants, where permitted as a conditional use, are subject to the following conditions:
A.
The Township Committee declares that fast-food restaurants are inimical to the public health, safety and welfare if located without due consideration for the factors hereinafter set forth and, therefore, are deemed to be a conditional use. No premises shall be used as a fast-food restaurant unless application shall have been duly made to the appropriate municipal agency which shall, after a public hearing conducted with the appropriate notice, determine that said premises may be used if and only if, in its judgment, the use will not by reason of its location be detrimental to the health, safety and general welfare of the Township, giving due consideration to the following factors:
(1)
The extent to which noise from the fast-food restaurant will impair or interfere with or have an adverse effect upon the use and enjoyment of other real property in the neighborhood.
(2)
The extent to which lighting, glare and reflection from the fast-food restaurant will impair or interfere with or have an adverse effect upon the use and enjoyment of other real property in the neighborhood.
(3)
The extent to which unpleasant or unhealthy odors from the fast-food restaurant will impair or interfere with the use or have an adverse effect upon the use and enjoyment of other real property in the neighborhood.
(4)
The extent to which the flow of traffic out of the fast-food restaurant will cause unreasonable traffic congestion on adjoining streets, result in traffic hazards, or impair or interfere with or have adverse effect upon the use and enjoyment of other real property in the neighborhood.
(5)
The extent to which a fast-food restaurant will diminish the value of other real property in the neighborhood.
B.
A fast-food restaurant shall be located in accordance with the following criteria:
(1)
A fast-food restaurant shall not be located within 2,500 feet of an existing fast-food restaurant. The property line of the land upon which is located the fast-food restaurant shall not be located within 175 feet of any residential district. Where the property line of a fast-food restaurant is not located within 175 feet but is located within 200 feet of a residential district, a buffer area of a minimum of 25 feet in width shall be established along the property line which faces the residential district. Said buffer area shall be landscaped with deciduous and coniferous trees to provide a year-round visual screen from the fast-food restaurant site to the residential district. Tree plantings shall be a minimum of three-inch diameter at breast height (dbh) in caliper at the time of installation.
(2)
The aforementioned distances shall be measured on a straight line or air line from the outer boundary or property line of the lot containing the proposed fast-food restaurant to the outer boundary or property line of the lot containing the residential use or fast-food restaurant use; provided, however, that, where practicable, the distance shall be measured along any street or public right-of-way on the condition that, where there is a center barrier, the aforementioned distances shall be measured on the same side of the street or right-of-way.
(3)
All outdoor vending machines are prohibited, except for machines which dispense newspapers or similar publications.
(4)
The first 35 feet of the front setback, measured from the property line, shall be used exclusively for landscaping.
§ 104-82 Motor vehicle fueling station.
[Added 8-25-1987 by Ord. No. 1987-9-6]
Motor vehicle fueling stations, where permitted as a conditional use, are subject to the following conditions:
A.
In considering the approval of such premises as a conditional use, the Planning Board shall consider the potential impact of the use at the proposed location on such factors as traffic circulation and safety, the impact on surrounding businesses and residences and any potential detrimental effects to the health, safety and welfare of the citizens of Hainesport Township.
B.
The provisions of appropriate buffers, screening and aesthetic considerations, fencing, adequate parking and the proper management of trash and litter shall be provided.
D.
Driveways shall be not less than 25 feet from the intersection of street right-of-way lines and shall be no wider than 30 feet at any point.
E.
A raised concrete curb, at least eight inches in height and six inches wide at the top, shall be constructed and maintained in a good and safe condition along all street property lines, except driveways.
F.
The entire area of the motor vehicle fueling station which is traversed by motor vehicles shall be hard surfaced.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
G.
Gasoline pump islands shall not be less than 20 feet from the curbline.
H.
Lots on which motor vehicle fueling stations are located shall not be used for sale of motor vehicles or for the rental of trucks or trailers. Motor vehicle fueling stations shall, at all times, be kept free of paper and rubbish. No abandoned vehicle or vehicle secured for salvage purposes nor any type of salvage or maintenance material shall be stored outside any principal or accessory building.
I.
Motor vehicle fueling stations shall not be closer than 2,500 feet to an adjacent motor vehicle fueling station as measured from property line to property line.
§ 104-83 Hotels and motels.
[Added 8-25-1987 by Ord. No. 1987-9-6]
Hotels and motels, where permitted as a conditional use, are subject to the following conditions:
§ 104-84 Motor vehicle and trailer sales.
[Added 8-25-1987 by Ord. No. 1987-9-6]
Prior to the adoption of this chapter, motor vehicle and trailer sales were permitted. This section is intended to provide regulations for motor vehicle and trailer sales uses which were lawfully permitted prior to the effective date of this section. Subsequent to the effective date of this section, motor vehicle and trailer sales shall not be permitted uses.
A.
Restrictions.
(1)
All motor vehicle dealerships shall be limited to the sale and display of not more than two franchises of motor vehicles on one parcel of land.
(2)
The motor vehicle lot shall be a minimum of three acres and a maximum of six acres with no more than five acres of area dedicated for use in the sale, storage and service of automobiles.
(3)
No motor vehicle dealership shall be closer than 2,500 feet to another motor vehicle dealership.
B.
The setback to a residential property shall be 175 feet horizontally with 100 feet in buffer planting.
C.
There shall be no service doors facing any residential district.
D.
Decibel levels at the property boundary shall not exceed 40 dBA.
E.
No glare from night lighting shall be directed toward any residential lands.
F.
Use of cutoff luminaires throughout shall be required.
G.
There shall be no lighted sales areas within 200 feet of any residential area.
H.
Maximum footcandles for evening sales shall be 60 footcandles.
I.
Lighting poles shall not exceed 16 feet in height.
J.
Sale of used motor vehicles shall be permitted only in conjunction with the sale of new motor vehicles.
K.
All camper caps shall be stored indoors.
L.
Use of outdoor loudspeakers for any purpose, except emergencies, is prohibited.
§ 104-85 Printing or publishing house.
[Added 8-25-1987 by Ord. No. 1987-9-6]
Printing or publishing houses, where permitted as a conditional use, shall be subject to the following conditions:[1]
§ 104-86 Bar or tavern.
[Added 8-25-1987 by Ord. No. 1987-9-6]
Bars or taverns, where permitted as a conditional use, shall be subject to the following conditions:
A.
The minimum distance from a school, place of worship or another bar or tavern shall be 2,000 feet.
§ 104-87 Planned development.
[Added 12-31-1988 by Ord. No. 1988-14-6; amended 8-22-1989 by Ord. No. 1989-9-7; 4-12-1994 by Ord. No. 1994-4-3]
A planned development is permitted in areas set forth on the Zoning Map. This use is provided to encourage a flexibility of residential housing density, design and type not otherwise allowable in a residential district. The requirements for planned developments set forth in N.J.S.A. 40:55D-45 through 40:55D-45.8 must be met prior to approval.
A.
Design standards. In order to develop within a Planned Development District, the development plan must:
(1)
Open space. Preserve "sensitive open space," which is defined as follows:
(a)
Floodplains. Those lands which are defined as the combination of floodways and floodplains for which the 100-year storm limits shall be established by the Department of Environmental Protection, Division of Stream Encroachment.
(b)
Wetlands. Those areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions shall be established by the Department of Environmental Protection.
(2)
Traffic. Provide internal traffic circulation and access to major roadways which shall be safe and adequate and which represent an improvement over potential traffic circulation and access to major roadways possible if development proceeds according to the requirements of the base zone.
(3)
Planning. Demonstrate a comprehensively planned community providing architectural consistency and well-designed recreation for the future residents of the district.
B.
Development standards. If the reviewing board determines that the conditions of Subsection A are met, the following standards may be employed in the development of a planned development:
(2)
Conditional uses. Where a reviewing board determines that a parcel of land which is subject to development under this section is contiguous with and under the same ownership as lands zoned for the Highway Commercial District, the applicant may submit a comprehensive development plan integrating the residential portion of the property with the commercial portion. The various residential and commercial uses may be relocated within the property as approved by the reviewing board, provided that, in addition to the standards of § 104-67C, the following conditions are satisfied:
(a)
The acreage of the tract devoted to either residential or commercial uses shall not be increased or decreased in area but only relocated within the property in a manner which promotes sound planning practice.
(b)
The relocated commercial component shall be contiguous to the existing Highway Commercial District and shall not be located on Creek Road.
(c)
The applicable requirements of the Highway Commercial District are adhered to in the development of the commercial section to the extent found reasonable by the reviewing board.
(d)
When a relocated commercial district abuts a residential district or use, a minimum landscaped buffer of 75 feet shall be provided.
(3)
Standards of development.
(a)
Minimum area. The minimum gross area for development shall not be less than 50 contiguous acres. Contiguous land area will follow R-1 standards where the review board approves additions to existing PRD, subject to contribution to roads and utilities and their proposal is integrated into the approved PRD plan, including provisions for open space, land plan and housing types.
(b)
Public water and sewer facilities. Public water and sewer facilities shall be provided for every building hereafter erected or used in whole or in part as a dwelling.
(c)
Required open space. Land equal to not less than 25% of the gross acreage of any planned unit residential development shall be devoted exclusively to open space. The open space shall be 50% upland area exclusive of buffers.
(d)
Maximum density. The density in any such development shall not exceed six dwelling units per total tract acre, exclusive of natural features such as wetlands, floodplains and natural lakes and ponds.
(e)
Forms of ownership. There shall be no restrictions on the form of ownership of any dwelling unit within any such development, and the same may include, inter alia, fee simple or condominium forms of ownership, or a combination thereof.
(f)
Homeowners' association. Where lands or improvements are owned in common, a homeowners' association shall be created to hold title to such common lands or improvements. This association shall also provide common services such as improvement maintenance, road repair, trash collection and snow clearance. This association shall maintain and regulate its property in accordance with the provisions of this chapter.
(g)
Fair share housing. At least 20% of all units shall be set aside for low- and moderate-income residents, 10% for low-income housing and 10% for moderate-income housing pursuant to COAH rules.
(h)
Height. No residential building or structure shall exceed 35 feet in height.
(i)
Buffer. A minimum seventy-five-foot buffer shall be provided to any existing residential use.
(j)
Schedule of development. A schedule of development shall be reviewed and approved by the reviewing board. The developer shall review his development schedule with the reviewing board annually.
(k)
Design standards.
[1]
Where single-family detached homes are proposed, dimensional and other requirements shall be as follows:
[2]
For all townhomes and condominium units, the standards of § 104-48A(1) and (2) shall apply.
§ 104-88 Senior Citizen District.
[Added 12-31-1988 by Ord. No. 1988-14-6; amended 8-22-1989 by Ord. No. 1989-9-7; 8-24-1999 by Ord. No. 1999-5-7; 5-24-2005 by Ord. No. 2005-11-4[1]]
The Senior Citizen District as set forth on the Zoning Map is established to encourage a flexibility of housing density, design and type not otherwise allowable in a residential district, to provide greater convenience and efficiency in meeting the needs of the population, tailored to meet the needs of older residents, to conserve the value of land and natural resources, and to lessen traffic burdens.
A.
Conditions to conditional use. In order to utilize the development option permitted by this section, the developer's development plan must:
(1)
Open space. Preserve "sensitive open space," which is defined as follows:
(a)
Floodplains. Those lands which are defined as the combination of floodways and floodplains for which the 100-year storm limits shall be established by the Department of Environmental Protection, Division of Stream Encroachment.
(b)
Wetlands. Those areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions shall be established by the Department of Environmental Protection.
(2)
Traffic. Provide internal traffic circulation and access to major roadways which shall be safe and adequate and which represent an improvement over potential traffic circulation and access to major roadways possible if development proceeds according to the requirements of the base zone.
(3)
Planning. Demonstrate a comprehensively planned community providing architectural consistency and well-designed recreation for the future residents of the district.
(4)
Fair share housing. Provide provisions for low- and moderate-income housing which is indistinguishable from market-rate units, both in architectural style and materials, and integrated into the residential design of the district.
B.
Development standards. Within the Senior Citizen District, the following dimensional requirements shall apply:
(2)
Standards of development.
(a)
Age restricted. All units within the development shall be age restricted to at least one older resident meeting the allowable minimum age restriction as permitted by federal law at the time of occupancy.
(b)
Minimum area. The minimum gross area for development shall not be less than 10 contiguous acres.
[Amended 4-12-2011 by Ord. No. 2011-2-3]
(c)
Required open space. Land equal to or not less than 10% of the gross acreage of any senior citizen residential development shall be set aside as open space. Said lands shall be developed into recreational facilities to meet the needs of the residents within the community.
[Amended 4-12-2011 by Ord. No. 2011-2-3]
(d)
Maximum density. The density in any such development shall not exceed six dwelling units per total tract acre.
[Amended 4-12-2011 by Ord. No. 2011-2-3]
(e)
Fair share housing. A minimum percentage of all units shall be set aside for low- and moderate-income residents pursuant to the rules as established by the Council on Affordable Housing.
[Amended 4-12-2011 by Ord. No. 2011-2-3]
(f)
Height. No residential building or structure shall exceed 35 feet in height.
(g)
Public water and sewer facilities. Public water and sewer facilities shall be provided for every building hereafter erected or used in whole or in part as a dwelling.
(h)
Buffer. A minimum perimeter buffer of 25 feet shall be provided in areas of dissimilar housing types and along any area adjacent to a rail line. The buffer area shall be exclusive of fencing and individual property lot areas.
[Amended 4-12-2011 by Ord. No. 2011-2-3]
(i)
Homeowners' association. Where lands or improvements are owned in common, a homeowners' association shall be created to hold title to such common lands or improvements. This association shall also provide common services such as improvement maintenance, road repair, trash collection and snow clearance. This association shall maintain and regulate its property in accordance with the provisions of this chapter.
(j)
Schedule of development. A schedule of development shall be reviewed and approved by the reviewing board. The developer shall review his development schedule with the reviewing board annually.
(k)
Single-family dimensional standards. Where single-family detached homes are proposed, dimensional and other requirements shall be as follows:
[Amended 4-12-2011 by Ord. No. 2011-2-3]
(l)
Attached housing dimensional standards. Where attached units are proposed, dimensional and other requirements shall be as follows:
[1]
Mix. The maximum number of all attached units shall not exceed 40% of the total number of units to be developed.
[2]
Lot size. The minimum lot size of any single-family attached building shall be 4,000 square feet.
[3]
Frontage: 40 feet.
[4]
Front yard: 35 feet.
[6]
Rear yard: 20 feet.
[7]
Impervious coverage limit: 65%.
[8]
Units per building. The maximum number of units shall not exceed eight units per building.
[9]
Side yard between buildings. The minimum side yard distance between buildings shall not be less than 30 feet.
[10]
Side yard to roadway. The minimum side yard distance from a building to any roadway or parking area shall not be less than 20 feet.
[11]
Rear yard between buildings. The minimum rear yard distance between buildings shall not be less than 50 feet.
[1]
Editor's Note: This ordinance also repealed former § 104-88.1, Senior citizen noninclusionary development option, added 8-24-1999 by Ord. No. 1999-5-7, which immediately followed this section.
§ 104-89 Residential detached cluster development option.
[Added 8-22-1989 by Ord. No. 1989-9-7; amended 7-19-2004 by Ord. No. 2004-9-6]
Within the RR-5 District, a developer shall be permitted to develop land under a residential detached cluster option under the following conditions:
A.
Conditions to conditional use. Prior to permitting development under this option, the reviewing board shall determine, in addition to the standards set forth in § 104-67C, that the proposed method for developing land creates desirable open spaces, conservation areas, floodplains, school sites, recreation areas and parks by permitting the reduction of lot sizes without increasing the number of lots which would otherwise be allowed in the development.
B.
Development standards. If the reviewing board determines that the above standard is met, the developer may employ the following standards in developing its land:
(1)
The minimum size tract shall be 50 acres.
(2)
All dwelling units shall be connected to approved and functioning central water and sanitary sewer systems.
(3)
The common or public open space shall be landscaped, planted or left wooded in accordance with the plan as approved by the approving authority.
(4)
The overall density, minimum buildable lot sizes and dimensional requirements shall be as follows:
(a)
As a result of clustering, the lot size in any such development may be 20,000 square feet or more, provided that the other development standards set forth in this section of this chapter have been met or appropriate variances or exceptions granted. The dimensional requirements shall be as follows:
(b)
As a result of clustering, the overall density may be increased up to a maximum of 25% of the base density permitted within the zone (based on the yield of units), provided that:
[1]
Land equal in area to a minimum of 60% of the tract's total land area is set aside for agriculture or open space, except that land utilized for streets, parking, drives and required yards shall not be included as part of the 60%.
[2]
One hundred percent of the land created as a result of clustering shall be deed restricted for farming purposes or open space. This deed restriction will accrue to the Township in the event that farming no longer becomes a viable use.
[3]
Eighty percent of the open space created as a result of clustering shall be upland open space.
[4]
All open space or agricultural lands created as a result of clustering shall be contiguous and should be located adjacent to existing farmland or open space parcels wherever possible.
§ 104-89.1 Right to farm.
[Added 11-20-2007 by Ord. No. 2007-9-10; amended 12-13-2016 by Ord. No. 2016-14-11]
The right to farm shall be permitted in Hainesport Township in the following manner:
A.
Permitted in all zones. The right to farm all qualified farmland within the Township is recognized to exist as a natural right, and those farms presently in existence are recognized as a permitted use throughout the Township, regardless of zoning designation and regardless of the specified uses and prohibited uses set forth elsewhere in this chapter or in the separate land use pamphlet.
B.
Right to use all farming equipment and procedures. The right to farm shall include the use of large irrigation pumps and equipment, aerial and ground seeding, spraying, large tractors, numerous farm laborers and the application of chemical fertilizers, insecticides and herbicides, all for the purpose of producing from the land agricultural products, such as vegetables, grains, hay, fruits, fibers, wood, trees, plants, shrubs, flowers and seeds. The right to farm shall also include the use of land for grazing by animals.
C.
Farming permitted at all times; farming shall not constitute a nuisance. The foregoing uses and activities included in the right to farm may occur on holidays, Sundays and weekdays, in the evening and during the day, and the noise, odors, dust and fumes that are caused by such uses are also specifically permitted as part of the exercise of this right to farm when reasonable and necessary for those particular farming, livestock or fowl production procedures and when conducted in accordance with generally accepted agricultural practices.
D.
Exceptions. The above rights are subject only to the restrictions and regulation for intensive fowl or livestock farms and subject to state and Township health and sanitary codes.
E.
Industrial uses detrimental to farming prohibited. A use shall not be allowed in the Industrial Zone if it is determined by either the Planning Board or the Township Committee that the discharges from any industrial operation will adversely affect the environment, particularly the farming operations in existence within the Township.