Hopewell City Zoning Code
§ 12-18.2
Permitted Conditional Uses.
a.
Public Utilities. Public utility uses such as water filtration plants, sewerage disposal plants, pumping stations, electric transformer substations, telephone exchange and repeater stations, but no service or storage yards shall be subject to the following:
1.
Proof shall be furnished that the proposed installation in the specific location is necessary and convenient for the efficiency of the public utility system or the satisfactory and convenient provision of service to the neighborhood or area in which the facility is to be located.
2.
The design of any building or structure required for such use shall conform to the general character of the area in which it is located.
3.
Adequate and attractive fencing and landscaping shall be provided and periodically maintained.
4.
The lot on which it is located shall be sufficient in size to adequately accommodate the proposed facility together with any parking space required to serve the facility without any of the structural portions of the use or parking facilities being unduly close to adjacent properties.
5.
High-voltage transmission lines and towers required for the transmission of power from power sources outside the limits of the borough to points also outside the borough limits shall be prohibited.
b.
Schools. Public and private schools, including institutions of higher learning which are not conducted as a business shall be subject to the following:
1.
A minimum site area of five acres shall be provided. In addition thereto, one acre shall be provided for each 100 pupils of maximum capacity.
2.
The lot coverage shall not exceed 15%.
3.
No structure shall be located within 100 feet of a street or property line.
4.
Off-street parking shall be provided at a rate of two spaces for each classroom or teaching station.
c.
Motor Vehicle Service Shops. Motor vehicle service establishments and automotive repair and body shops shall be subject to the following:
1.
Minimum Area. A minimum lot area of 15,000 square feet shall be provided together with a minimum lot width of 100 feet. In addition, if the planning board finds that the nature of the particular use proposed, either by virtue of scale, intensity of use, hazard, or other such considerations is such that a larger site is in the public interest, then it shall impose such additional requirement.
2.
Location. Such lot shall be located within the following limitations:
4.
Fuel Tanks. All fuel tanks or other such containers for the storage of flammable materials; either liquid or solid shall be installed underground at sufficient depth to insure against hazard of fire or explosion.
5.
Parking. Parking facilities shall be maintained as follows:
(a)
Two square feet of space for each square foot of floor area in the primary building.
(b)
Where such parking area abuts a residential zone, it shall be screened by a buffer area no less than 10 feet in width composed of densely planted evergreen shrubbery, solid fencing or a combination of both which, in the opinion of the planning board, will be adequate to prevent the transmission of headlight glare across the zone boundary line. Such buffer screen shall have a minimum height of four feet above finished grade at the highest point of the parking area. The materials used shall be in keeping with the character of the adjacent residential area.
(c)
Driveways to parking areas shall be limited to two for each 100 feet of frontage. Such driveways shall not be less than 12 feet nor more than 24 feet in width. Driveways shall intersect public streets at right angles, wherever possible.
(d)
No area on the lot which is required for the movement of vehicles in and about the buildings and facilities, shall be used for complying with the parking requirements of this section.
6.
Accessory goods for sale may be displayed out-of-doors on the pump island and building island only and shall be stored in a suitable rack or container.
7.
For gasoline service stations in the B-R zone district, canopies over pump islands are permitted provided the following canopy design standards are met:
(a)
The purpose of a gasoline service station canopy shall be to provide station pump island employees and clients with protection from adverse weather conditions.
(b)
For canopy locations also within the HD historic district zone, all application procedures, review guidelines, and planning board action of section 12-10A shall apply. For canopy locations not within the HD historic district zone, the planning board shall submit canopy design plans to the historic preservation commission for their nonbinding comments and recommendations based on the review guidelines of section 12-10A.7.
(c)
The underside of the canopy shall not exceed 15 feet from grade. No vertical plane on a flat foot canopy shall exceed two feet.
(d)
The area of the canopy itself shall be limited to that area which is reasonably necessary for weather protection to pump island users.
(e)
Setbacks shall be 15 feet from street rights-of-way and 20 feet from side lot lines.
(f)
Canopy building materials shall be substantially similar to, or reflective of, the materials used for the gasoline service station building.
(g)
Canopy lighting design and intensity shall be subject to review by the planning board. The overall design objective shall be to minimize the light source to the greatest extent possible and limit light intensity, while maintaining a safe working environment.
(h)
No signs shall be permitted on canopy or canopy structures.
(i)
Canopy drainage shall be designed so as to maintain adequate drainage and shall be subject to the approval of the borough engineer.
d.
Club Houses. Club houses shall be subject to the following:
1.
Proof shall be furnished to the planning board that the proposed use is a bona fide nonprofit organization of the type defined in subsection 12-4.15.
2.
The lot area for the proposed use shall have a minimum total area of one acre in addition to that required to accommodate the off-street parking, driveways and parking lot buffer areas specified in paragraph 12-18.2d3 below.
3.
Parking facilities shall be maintained as follows:
(a)
Off-street parking at the rate of one space for each two memberships.
(b)
Such parking areas shall be screened by a buffer area of not less than 10 feet in width composed of densely planted evergreen shrubbery, solid fencing or a combination of both which in the opinion of the planning board will be adequate to prevent the transmission of headlight glare across the property line. Such buffer screen shall have a minimum height of four feet above finished grade at the highest point of the parking area. The materials used shall be in keeping with the character of the adjacent residential area.
(c)
Driveways shall be limited to two for each 100 required parking spaces. Such driveways shall not be less than 12 or more than 24 feet in width and shall intersect public streets at right angles wherever possible.
4.
The design of any building or structure shall conform to the general character of the area it is located.
5.
Adequate and attractive landscaping shall be provided and property and periodically maintained.
6.
All other requirements of the zone in which the use is located.
e.
Professional Offices as a Secondary Use. Professional office use as a secondary use in conjunction with a permitted primary use shall be subject to the following:
1.
This use shall be permitted on any property or lot fronting on Broad Street between Princeton Avenue and Lanning Avenue.
3.
The primary use shall meet all of the requirements for the zone that it is in.
4.
Off-street parking shall be provided in accordance with the following minimum standards:
(a)
Off-street parking facilities shall be provided that conform with the general requirements as set out in subsection 12-5.4.
(b)
The parking spaces shall be in other than the front yard.
(c)
Such parking areas shall be screened by a buffer area of not less than five feet in width composed of densely planted evergreen shrubbery, solid fencing or a combination of both which, in the opinion of the planning board, will be adequate to prevent the transmission of headlight glare across the property line. Such buffer screen shall have a minimum height of four feet above the finished grade at the highest point of the parking area. The materials used shall be in keeping with the character of the adjacent residential area.
(d)
No area on the lot, which is required for the movement of vehicles in and about the buildings and facilities, shall be used for complying with the parking requirements of this section.
(e)
Suitable illumination for parking areas used after dark shall be provided in such a way that there is no direct light incident on adjacent properties.
(f)
The number of spaces required shall be set by the following schedule. Two for each dwelling unit in addition to one for each employee plus one for each 100 square feet of office space or part thereof.
g.
(Reserved)
h.
Accessory Apartments.
1.
Accessory apartment shall mean a self-contained dwelling unit with a kitchen, toilet facilities, sleeping quarters, and a private entrance, which is created within an existing single-family detached dwelling structure, or within a building that is accessory to a single-family detached dwelling and that is occupied by a low- or moderate-income household.
2.
Accessory apartments are permitted in the R-75, R-75P, and R-100 zones if, in addition to the requirements of this paragraph, all other requirements of the applicable zone district are met.
3.
The accessory apartment shall be occupied by a low- or moderate-income household, in accordance with borough requirements, as those terms are defined in the Substantive Rules of the New Jersey Council on Affordable Housing (COAH), N.J.A.C. 5:93, et seq. as may be hereafter supplemented and amended.
4.
The gross floor area of the accessory unit shall be at least 350 square feet, and shall have living-sleeping space, cooking facilities, a kitchen sink and a complete sanitary facility for the exclusive use of its occupants. It shall consist of not less than two rooms, one of which shall be a full bathroom, but shall have no more than two bedrooms.
5.
At least one off-street parking space in addition to the two required for the existing principal dwelling on the parcel shall be provided.
6.
The dwelling structure containing the accessory apartment unit shall comply with all requirements for two-family dwellings in accordance with applicable building codes and all the laws of the State of New Jersey and the Borough of Hopewell. No dwelling structure shall contain more than one accessory apartment.
7.
The accessory apartment unit and the existing unit shall have separate doors with direct access to the outdoors, and the development shall not result in the placement of an additional door on the front facade of the principal structure.
8.
The applicant shall provide a plan for the proposed development which provides sufficient information for the zoning officer to determine that all requirements of this paragraph will be met. At a minimum, this information shall include building plans and architectural elevations indicating interior and exterior modifications and new construction, and a site plan indicating any site alterations and proposed parking spaces.
9.
At the time of development, a new deed shall be recorded in the county clerk's office containing a restriction to the effect that if said accessory unit is not occupied by, or made available to a low- or moderate-income household in accordance with borough requirements, the accessory unit shall be removed. Said restriction shall remain in place for 10 years.
10.
The maximum number of accessory apartments permitted under this paragraph shall be the number that the borough is permitted to apply toward its fair share obligation of low and moderate income dwelling units in accordance with the applicable regulations of COAH. The zoning officer shall maintain a register of the applications made, pending and granted under the provisions of this paragraph. That register shall reflect the following:
(a)
The number of low- and moderate-income units remaining to be constructed in order to satisfy the borough's fair share obligation;
(b)
When such applications were made;
(c)
The status of any pending application;
(d)
The name of the applicant; and
(e)
The street address for any accessory apartment approved for construction under the provisions of this paragraph.
A copy of this register shall be provided to each applicant to construct an accessory apartment pursuant to this paragraph at the time said application is filed.
11.
Accessory apartment availability shall be affirmatively marketed by the unit owner throughout the borough housing region in accordance with borough requirements.
i.
Cannabis retailers, subject to the following:
[Added 9-8-2022 by Ord. No. 859]
2.
The operating hours of a cannabis retailer shall be between 9:00 a.m. and 8:00 p.m. daily. It shall be unlawful for any cannabis retailer to sell or dispense cannabis or cannabis products at any time other than between these hours.
3.
A cannabis retailer shall be accessible directly from a right-of-way through a separate entrance independent from any other retail ingress.
4.
No cannabis product shall be visible from a public sidewalk, public street or right-of-way or any other public place.
5.
All cannabis products shall be stored securely indoors and on-site.
6.
Consumption of cannabis products, by any means of ingestion, shall not be permitted on the cannabis retailer premises or adjacent grounds.
7.
Outside generators and other mechanical equipment used for any kind of power supply, cooling or ventilation shall be enclosed and have appropriate baffles, mufflers, and/or other noise-reduction systems to mitigate noise pollution.
8.
The premises operated by a cannabis retailer shall be secured in accordance with State of New Jersey statutes and regulations and shall have a round-the-clock video surveillance system, 365 days a year.
9.
Signage design at the premises operated by a cannabis retailer shall comply with the Borough's sign regulations at section 12-17A of the Code. In addition, signage design shall not include artistic or photographic renderings of cannabis plants or the glorification of cannabis or its use.
10.
No cannabis retailer shall be housed in a vehicle or any movable or mobile structure.
11.
A cannabis retailer shall prevent and eliminate any conditions on the site that constitute a nuisance, including but not limited to preventing odors from escaping the interior of the facility; maintaining the exterior of the facility and immediately adjacent sidewalk and public right-of-way free of litter, debris, and trash; and properly storing and disposing of all waste generated on the site in accordance with applicable law and regulation.
12.
A cannabis retailer shall not provide for a drive-through facility.
j.
Cannabis delivery services, subject to the following:
[Added 9-8-2022 by Ord. No. 859]
1.
The physical premises utilized by a cannabis delivery service to operate said business, which shall include all office and parking facilities used thereby, shall conform to all zoning requirements set forth in Chapter 12 for the zone in which the use is conditionally permitted, as well as the general requirements set forth in Chapter 12, unless otherwise specifically provided under this section.
2.
The operating hours of a cannabis delivery service shall comply with applicable law and regulations.
3.
No cannabis product shall be visible from a public sidewalk, public street or right-of-way or any other public place.
4.
Consumption of cannabis products, by any means of ingestion, shall not be permitted on a cannabis delivery service's premises or adjacent grounds.
5.
The premises operated by a cannabis delivery service shall be secured in accordance with State of New Jersey statutes and regulations and shall have a round-the-clock video surveillance system, 365 days a year.
6.
Signage design at a premises operated by a cannabis delivery service shall comply with the Borough's sign regulations at section 12-17A of the Code. In addition, signage design shall not include artistic or photographic renderings of cannabis plants or the glorification of cannabis or its use, and signage at the premises shall communicate that the facility is not open to the public.
7.
Cannabis items shall not be stored or housed at a cannabis delivery service's premises, and shall not be left unattended in vehicles.
8.
A cannabis delivery service shall prevent and eliminate any conditions on the premises operated by said service that constitute a nuisance, including but not limited to preventing odors from escaping the interior of the facility operated at the premises; maintaining the exterior of the facility and immediately adjacent sidewalk and public right-of-way free of litter, debris, and trash; and properly storing and disposing of all waste generated on the site in accordance with applicable law and regulation.