Hamburg City Zoning Code
ARTICLE XXV
Conditional Uses
§ 215-140 Conformance with procedures and criteria required.
[Amended 10-7-2024 by Ord. No. 15-2024]
These uses, as designated in the particular zone districts, may be established only in accordance with the following procedure and only after the following criteria are met. All conditional uses are intended to be compatible with the neighborhoods where they are located in terms of traffic, noise, lighting, visual impact, intensity of use and any other factors that will have an effect on the aforementioned compatibility. The evaluation of all conditional uses shall be guided by this general goal, as well as the specific conditions set forth herein.
§ 215-141 Application for conditional use.
Application for a conditional use shall be made to the Planning Board pursuant to the authority of N.J.S.A. 40:55D-67 [or to the Zoning Board of Adjustment, pursuant to the authority of N.J.S.A. 40:55D-76(b)]. The application shall be made in accordance with the instructions of the Planning Board and shall be accompanied by a site plan prepared in accordance with the requirements of Chapter 171, Site Plan Review.
§ 215-142 Hearing required.
The applicant shall give notice pursuant to the requirements of N.J.S.A. 40:55D-12, such notice setting forth the date, time and place of the hearing and the nature of the matter to be considered, pursuant to the authority of N.J.S.A. 40:55D-11, only after such date of the hearing shall have been fixed, after a determination that the application is complete, in accordance with the procedures of said Planning Board.
§ 215-143 Issuance of permit.
The Board shall not order, direct or authorize the issuance of a permit for a conditional use unless it shall find that such use:
A.
Is an allowed conditional use permitted in the applicable zone district.
[Amended 10-7-2024 by Ord. No. 15-2024]
B.
Meets all the required conditions for said zone district and, in addition thereto, complies with all of the conditions hereinafter set forth for the specific conditional use listed.
C.
Meets the requirements set forth for the particular conditional use hereafter described.
D.
If any of the conditions are not met, than an approval can only be granted if the requirement of a variance are met.
[Added 10-7-2024 by Ord. No. 15-2024]
E.
Is consistent with the master plan and there are no unanticipated extenuating circumstances which renders the conditional use inappropriate for the zone district on a neighborhood.
[Added 10-7-2024 by Ord. No. 15-2024]
§ 215-144 Public or institutional uses.
A.
The lot shall contain an area of at least three acres. In the event that it can be demonstrated that the proposed project can meet all of the other criteria necessary for the issuance of a permit on a lot containing less than three acres in area, the Board may reduce the lot area requirement but in no event reduce it less than the minimum lot size for the zone district in which the property is located.
B.
All buildings and structures erected on said site shall meet the yard and height requirements for the zone district in which they are located. In the event that it can be demonstrated that the proposed project can meet all of the other criteria necessary for the issuance of a permit on a lot, the Board may reduce the yard requirements when a reduction in lot area has been permitted but in no event reduce it less than the minimum yard requirements for the zone district in which the property is located.
C.
All buildings and structures to be erected on the tract shall be so designed and arranged in order to minimize the impact of the use on the established neighborhood scheme and shall be so designed as to harmonize, as far as possible, with the established architectural scheme of the neighborhood.
D.
Adequate provisions shall be made to provide a suitable buffer to provide a barrier to light and sound between the use sought to be established and abutting properties.
§ 215-145 Public utility uses.
A.
The lot shall contain the minimum lot area required in accordance with the zone district in which the lot is located; except that the Bard may, for good cause shown, reduce the lot area requirement.
B.
All buildings shall be so designed as to conform and harmonize with the general character of the area in which it is located and will not adversely affect the safe and comfortable enjoyment of properties in the zone.
C.
All structures shall be designed so as to be as unobtrusive as feasible and to blend in with the surroundings on the site.
D.
Adequate fencing must be provided in accordance with the recommendations of the Board in order to provide protection to the public.
E.
Adequate parking shall be required, as determined by the Board when considering the proposed use.
§ 215-145.1 Bed-and-breakfast (B&B) facilities.
[Added 10-7-2024 by Ord. No. 15-2024]
Where allowed as a conditional use the bed-and-breakfast operation shall be limited to a total of six bedrooms. The owner shall reside on the premises, unless a resident manager is employed by the owner. On-site parking shall be sufficient as per Article XXIII herein. The intensity of use and the appearance of the structure shall be consistent with the neighborhood in which it is located. The residential character of the structure shall be maintained and signage shall be limited to the requirements of the zone in which the use is located. Short-term Airbnb rentals are not permitted.