Hopatcong City Zoning Code
ARTICLE VI
Conditional Uses
§ 242-52 Churches and places of worship.
Churches and places of worship may be permitted as conditional uses in certain zone districts as provided for in this chapter, provided that:
A.
The minimum lot area shall be 60,000 square feet and the minimum width shall be 300 feet.
B.
All minimum requirements of lot depth, front, rear and side yard setbacks, building height and lot coverage shall conform to those established in the same zone.
C.
Driveways must be at least 10 feet from any side lot lines and 100 feet from the intersection of street lines. Not more than two driveways shall be permitted for each 300 feet of street frontage.
D.
Adequate buffer areas and planting and/or fencing shall be provided to protect surrounding properties from the effect of light or noise generated in connection with the use of the property.
§ 242-53 Hospitals and nursing homes.
Hospitals and nursing homes may be permitted as conditional uses in certain zone districts as provided in this chapter, provided that:
A.
The minimum lot area shall be 10 acres.
B.
The minimum lot frontage shall be 500 feet.
C.
The minimum lot depth shall be 400 feet.
D.
All minimum requirements of front, rear and side yards, coverage, open space, setbacks and building height shall conform to those established in the same zone, except that greater requirements may be imposed by the Planning Board.
E.
Hospitals and nursing homes devoted mainly to the treatment of the mentally ill shall not be allowed.
F.
Nursing homes shall provide for recreation purposes an area of not less than 2,000 square feet, plus 50 feet per patient bed.
§ 242-54 Motels and hotels.
Motels and hotels may be permitted as conditional uses in certain zone districts as provided for in this chapter, provided that:
A.
The site has a minimum of 300 feet of frontage.
B.
All minimum requirements of lot depth, lot width, front, rear and side yards and building height conform to those established for the zone, but not less than 30 feet.
C.
Not more than 25% of the land shall be covered by buildings.
D.
Every building shall have a minimum setback of 10 feet from all interior development roads, driveways and parking areas.
E.
Interior roads and vehicular passageways in parking areas shall have a minimum width of 20 feet.
F.
The minimum open space shall be 25% of the lot area.
G.
All paved areas other than driveways shall be located no closer than 40 feet to the street line.
H.
A ten-foot wide buffer strip, suitably landscaped, shall be provided between curb cuts and along all other property lines.
I.
General kitchen, dining and other such service facilities may be permitted in the B-2 Zone, provided that they are incidental to that of the main use.
J.
Any refuse disposal facilities shall be enclosed and removed from sight. Dumpster service is required at the owner's expense.
K.
Only one central heating system shall be permitted for any building.
L.
Where buildings are at right angles to one another and are not interconnecting, there shall be a minimum distance of 10 feet between them.
M.
Where the buildings are parallel to one another, there shall be a minimum distance between them equal to the height of the taller building, but in no event less than 25 feet.
N.
All motels and hotels so established shall be for transient use only. For purposes of this section, "transient" shall mean a maximum stay in a hotel or motel established hereunder of 30 consecutive days. A Borough reviewing board may, as part of site plan approval, allow the rental of all or a portion of a hotel or motel for periods of a longer duration. All motels and hotels shall be operated and policed in accordance with state law and all applicable municipal ordinances and regulation.
[Amended 12-7-1995 by Ord. No. 27-95]
O.
Adequate fire-fighting access around the perimeter of the motel/hotel shall be provided and maintained free of encumbrances at all times.
P.
Swimming pools shall be subject to the provisions of this chapter.
Q.
The minimum lot area shall be one acre.
R.
Each motel shall have a minimum of 50 renting units, each consisting of sleeping accommodations and shower and toilet facilities per unit; an office and reception room of a minimum of 200 square feet; and other building areas sufficient to house other necessary facilities.
§ 242-55 Animal hospitals and kennels.
Animal hospitals and kennels shall meet the following requirements:
A.
Kennels shall be on a minimum lot of two acres. Animal hospitals require 25,000 square feet.
B.
Structures housing animals and exercise areas for animals shall be at least 100 feet from any lot line.
C.
Minimum front and side yards shall be at least 50 feet each, except if abutting a residence or a residential zone, in which case the Planning Board may require additional setbacks to provide adequate buffers and to protect adjacent uses from nuisance characteristics.
D.
The maximum height of such uses shall be two stories or 25 feet.
E.
Animals shall be contained in buildings, pens or other enclosures at all times. Animal hospitals shall keep animals within the confines of a building at all times, and a kennel shall keep them within the confines of a building between the hours of 9:00 p.m. and 8:00 a.m.
F.
Outdoor runs or pens shall be screened from view of adjoining properties.
G.
Buildings, structures and uses shall be designed and arranged so as not to detract from the value of adjoining property.
H.
Not more than 10 dogs or cats or a combination thereof for each acre of lot area shall be kept at any time by a kennel.[1]
[1]
Editor's Note: Original §§ 77-60, Senior citizen subsidized housing, and 77-61, Senior citizen retirement projects, which immediately followed this subsection, were repealed 10-4-2000 by Ord. No. 20-2000.
§ 242-56 Philanthropic and eleemosynary uses.
Philanthropic or eleemosynary uses may be permitted as a conditional use in certain zones as provided for in this chapter, provided that:
A.
A statement setting forth full particulars on the operation of the structure or use is filed with the Planning Board by the applicant.
B.
The Planning Board shall find that any parcel upon which such use is proposed contains at least one acre of land, that no structure will be erected nearer than 75 feet to any street line or nearer than 30 feet to any property line, that buildings will not occupy more than 25% of the lot area, that all other requirements as set forth in this chapter for the zone in which it is to be located are observed, that such 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 Borough.
C.
In addition to the required front, rear and side yards, the Planning Board may require buffers similar to those provided in § 242-25, Buffers.
D.
Fencing may be required, depending upon use.
E.
Signs may be illuminated, but nonflashing, and limited in number to one and in area to not more than 30 square feet. The number of signs may be increased to two, depending on the location, by the Planning Board.
F.
Philanthropic and eleemosynary uses shall provide off-street parking spaces in a number and location as determined by the Planning Board based upon the anticipated maximum occupancy of the building or use, including employees.
§ 242-57 Public utilities.
Public utility uses such as high voltage transmission towers, substations and telephone exchanges, but no service or storage yards, may be permitted, provided that they meet the following requirements:
A.
That proof is furnished to the Planning Board that 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.
That the design of any building in connection with such facility conforms to the general character of the residential area and will in no way adversely affect the safe and comfortable enjoyment of property rights of the zone in which it is located, that adequate and attractive fences and other safety devices will be provided and that sufficient landscaping, including shrubs, trees and lawn, will be provided and will be periodically maintained.
§ 242-58 Public garages, public utility garages and gasoline stations.
A public garage, public utility garage or gasoline station may be permitted in the B-1 and B-2 Zones, and a public utility garage may only be permitted in an M-1 Zone, provided that:
A.
A set of plans, specifications and plot plans in triplicate is filed with the Planning Board, showing in detail the exact location of such garage or gasoline station, the number of tanks to be installed, the dimensions and capacity of each tank, the depth at which the tanks will be placed below ground, the number of pumps to be installed, the type of structure and accessory buildings to be constructed and the number of automobiles to be garaged.
B.
Said use shall be located on a lot whose lot lines are located not less than 1,000 feet from any school, public or private, offering courses of general educational instruction; hospital; church or other place of worship; theater; library; public art museum or other public building; public playground or civic center; firehouse or fire station nor within 2,500 feet of the nearest boundary line of any existing public garage or service station, and further provided that all filling pumps shall be located at least 25 feet from the street line and side and rear property lines.
§ 242-59 Community centers, country clubs and outdoor recreation facilities.
Community centers, country clubs and outdoor recreation facilities, except for swimming pools, may be permitted as conditional uses in certain zones as provided in this chapter, provided that they meet the following requirements:
A.
In zones where permitted, no building or unenclosed recreational facility shall be located within 95 feet of any property line or closer than permitted for principal structures in the zone where located, whichever is greater.
B.
In zones where permitted, there may be included retail sales for members and their guests only.
C.
Unenclosed recreational facilities shall be effectively screened from adjoining residential uses.
D.
No public address system shall be permitted except where such system will not be audible at any property line.
E.
Other factors, such as lighting, drainage, parking, surfacing and signs, shall be subject to site plan review under Chapter 191, Site Plan Review.
F.
Outdoor recreation facilities shall include golf courses, ice-skating rinks, swimming pools, tennis courts and other similar facilities.
§ 242-60 Wireless telecommunications towers and antennas. [1]
[Added 9-1-1999 by Ord. No. 19-99]
Wireless telecommunications towers and antennas may be permitted as conditional uses in certain zones provided that they meet the following requirements:
A.
Stand-alone wireless telecommunications towers.
(1)
Where a stand-alone wireless telecommunications tower is permitted on a conditional use, the following standard shall apply:
(2)
The wireless telecommunications equipment and all accessory facilities shall be enclosed within a solid wooden fence at least six feet but not more than eight feet high, as approved by the Borough Engineer, and which shall include a locking security gate.
(3)
The height of the tower shall not exceed by 10% the mean average height of the mature trees with a one-hundred-fifty-foot radius of the site. In determining compliance within this section, the reviewing board may require balloon tests or similar test methods so as to ensure the minimum visual impact.
(4)
Where new wireless telecommunications towers or other antenna support structures are proposed, stealth designs shall be employed to camouflage their appearance, such as bell towers, silos, artificial trees and similar treatments.
B.
Conditional use standards for the location of wireless telecommunications antennas or towers.
(1)
An applicant desiring to construct wireless telecommunications antennas in a zone where it is a conditional use or a tower in any zone where it is a conditional use shall:
(a)
Present documentary evidence regarding the need for wireless telecommunications antennas within the Borough of Hopatcong. This information shall identify the wireless network layout and coverage areas to demonstrate the need for new equipment at a specific location within the Borough.
(b)
Provide documentary evidence that a legitimate attempt has been made to locate the antennas on existing buildings or structures. Such evidence shall include a radio frequency engineering analysis of the potential suitability of existing buildings or structures in the search area for such antennas. Efforts to secure such locations shall be documented through correspondence between the wireless telecommunications provider and the property owner of the existing buildings or structures.
(c)
Document the locations of all existing telecommunication towers within the Borough of Hopatcong and surrounding areas with coverage in the Borough and shall provide competent testimony by a radio frequency engineer regarding the suitability of potential locations in light of the design of the wireless telecommunications network. Where a suitable location on an existing tower is found to exist, but an applicant is unable to secure an agreement to collocate its equipment on such tower, the applicant shall provide credible written evidence of correspondence with the owner of such tower verifying that suitable space is not available on the existing tower(s).
(2)
When an applicant desiring to construct a wireless telecommunications tower demonstrates to the satisfaction of the reviewing agency that suitable locations on existing buildings or structures either do not exist or are not available, the applicant may erect a new wireless telecommunications tower according to the bulk standards of Subsection A herein.
C.
Site plan application requirements for the installation of wireless telecommunications towers. The application shall include:
(1)
All site plan details required by Chapter 191 shall be provided and shall include the site boundaries; tower location; existing and proposed structures, including accessory structures; existing and proposed ground-mounted equipment; vehicular parking and access; and uses, structures and land use designations on the site and abutting parcels.
(2)
A landscape plan drawn to scale generally showing proposed landscaping, including species type, size, spacing, other landscape features and existing vegetation to be retained, removed or replaced.
(3)
An environment impact study.
(4)
A report from a qualified expert containing the following:
(a)
A description of the tower and the technical and other reasons for the tower design and height.
(b)
Documentation to establish that the tower has sufficient structural integrity for the proposed uses at the proposed location and meets the minimum safety requirements and margins according to Federal Communications Commission (FCC) requirements and margins according to FCC requirements in their current adopted revision.
(c)
The general capacity of the tower in terms of the number and type of antenna it is designated to accommodate.
(5)
A letter of commitment by the applicant to lease excess space on the tower to other potential users at prevailing market rate and conditions. The letter of commitment shall be recorded prior to issuance of a building permit. The letter shall commit the tower owner and any and all successors in interest.
(6)
Elevations of the proposed tower and accessory building generally depicting all proposed antennas, platforms, finish materials and all other accessory equipment.
(7)
A copy of the lease or deed for the property.
§ 242-60.1 (Reserved) [1]
[1]
Editor's Note: Former § 242-60.1, Soil removal, added 10-20-2004 by Ord. No. 31-2004, was repealed 12-6-2006 by Ord. No. 37-2006.