Jersey Shore City Zoning Code
ARTICLE XI
Conditional Uses
§ 300-62 Conditional use criteria.
In addition to the specific supplemental use criteria identified for uses within this article or elsewhere in this chapter, the following general criteria shall apply to all conditional use applications under this chapter:
A.
Adequate, safe, and convenient facilities for pedestrian and motor vehicles, including roadways, driveways, off-street parking and loading, sidewalks, malls, screening and landscaped areas to serve the project shall be provided. See Article X for supplemental regulations which may apply.
B.
The proposed use shall maintain or enhance the character of the area in which it is proposed to locate.
C.
A proposed use shall be located so as not to hinder the natural or presumed development of the area, or detract from the value of existing development.
D.
A proposed use shall not constitute a safety or health hazard, a nuisance, or have a noxious effect on the surrounding area either due to appearance or operations.
E.
It shall be demonstrated that the operating requirements of the proposed use shall necessitate the location of such use or building within the vicinity served by the proposed location.
F.
Conditional uses proposed for Residential Districts are deemed most appropriate for prominent locations along collector streets, at corner locations and in areas of existing mixed residential and nonresidential uses. Such uses are not appropriate at locations in neighborhoods which are primarily residential in nature and where traffic impacts would be disruptive to the residential character.
G.
The use or adaptation of a structure or lot for a conditional use shall not involve the destruction of open spaces, lawns, landscaping and trees except for changes made to meet parking, screening or other requirements set forth by this chapter or approving board.
H.
In the event sewer and water facilities are required for the proposed use, it shall be the applicant's responsibility to provide those facilities.
I.
Stormwater management facilities shall be provided based on applicable standards and regulations by providing controlled release, infiltration and recharge area; evidence of maintenance and liability responsibilities shall be demonstrated; and facilities shall not conflict with pedestrians, motor vehicles, and adjacent property owners.
J.
Compliance with the floodplain regulations of the municipality and the commonwealth, if applicable, shall be demonstrated prior to granting the zoning approval.
K.
Permanent screening and landscaping shall be provided in accord with Article X to shield adjacent residential districts, or uses from parking lots, illumination and headlights, noise, and other objectionable influences and to enhance the overall appearance of the community.
L.
Lighting facilities shall be designed to insure that glare and direct illumination does not occur onto adjacent properties and roadways.
M.
Sites shall be designed and constructed in accord with Chapter 266, Subdivision and Land Development.
N.
Information on the method of municipal waste storage and removal shall be presented by the applicant.
O.
Sites shall be designed as a unit for development in their entirety under single ownership and control; or satisfactory condominium arrangements shall be demonstrated.
P.
All lots and buildings shall have access by way of an internal street system and shall have convenient emergency vehicle and equipment access.
§ 300-63 Abused person shelter.
A.
The lot on which the abused person shelter is located shall be no closer than 500 feet from school, day-care facility or playground.
B.
If the shelter is within a Residential District, the building shall be maintained and/or constructed to ensure that it is closely similar in appearance, condition and character to other residential structures in the area. No exterior signs shall identify the type of use.
C.
One off-street parking space shall be provided for each resident and employee on the maximum work shift.
§ 300-64 Adult day-care center.
For the purposes of this chapter, an adult day-care center shall be defined as a use providing state-licensed supervised care to persons: who are primarily over age 60; and who need daily assistance because of their physical health, dementia, Alzheimer's disease, developmental handicap and/or physical handicap. All such uses shall meet the requirements set forth in § 300-72D through F.
§ 300-65 Adult entertainment.
Adult entertainment uses shall not be located within 500 feet of any residential structure or district, church, school, cemetery, park, or playground or any other adult entertainment use.
A.
No materials, displays, or advertisements for an adult entertainment use shall be visible from any window, door, or exterior of the building.
B.
In the case of an adult drive-in theater, viewing screens shall be situated and screened to prevent observation from any street or adjoining property.
C.
An adult entertainment use shall be limited to a wall-mounted sign located on the premises, which shall not exceed 20 square feet in size.
§ 300-66 Animal hospitals and kennels.
Animal hospitals and animal kennels are to be conditioned upon, but not limited to, the following criteria:
A.
The applicant shall provide evidence of a kennel license from the Pennsylvania Department of Agriculture prior to issuance of a zoning permit for this use.
B.
Demonstration that the facilities will not create nuisance conditions for adjoining properties due to noise or odor.
C.
Demonstration that all animals will be confined to the property.
D.
Demonstration of adequate methods for sanitation and sewage disposal.
E.
Outdoor runs shall be located at least 200 feet from any dwelling not located on the premises, at least 400 feet from any public or quasi-public building, and at least 100 feet from any lot line.
F.
Outdoor runs shall be screened to reduce the potential for inciting dogs to bark due to external influences.
G.
A site plan drawn to scale shall accompany the application indicating parking facilities, screening and landscaping, driveways, buildings, runs, and other physical features, existing and proposed.
§ 300-67 Automotive repair facility, sales facility, service station, or convenience market.
An automotive repair facility, sales facility, service station, or convenience market may be permitted only in those zoning districts as provided for in the district regulations of this chapter and shall comply with the provisions outlined below, as well as other municipal regulations existing or which may hereafter be enacted.
A.
No automotive repair facility or service station shall have an entrance or exit for vehicles within 300 feet of any school, playground, church, or public place of assembly.
B.
Gasoline pumps or other fuel dispensing devices shall be no closer than 30 feet to any street right-of-way line.
C.
All fuel, oil, propane gas, or other similar substances shall be stored at least 30 feet from any street right-of-way or property line. Additional permits may be necessary to meet state requirements regarding storage tanks.
D.
All repair work (excluding preventive maintenance, minor adjustments and work on large vehicles or equipment) shall be performed within a structure. All repair materials, including new, used, discarded or unusable parts of any vehicle, shall be stored within a building or dumpster.
E.
Body work or painting of vehicles may be permitted only where the operation is to be conducted within an enclosed structure and where such structure meets the regulations of the Pennsylvania Department of Labor and Industry and Pennsylvania Department of Environmental Protection and is designed to contain all noise, vibrations, air emissions, and odor generated by the activity.
F.
Automatic car-wash facilities may be permitted in conjunction with such uses, provided that the applicant can show that his sewage treatment facilities can accommodate the discharge from such a facility.
G.
No more than three vehicles may be offered for sale at any one time at an automotive repair facility or service station.
H.
Screening or landscaping shall be provided in accord with § 300-59 when this use is adjacent to residences, churches or similar uses.
§ 300-68 Bed-and-breakfast.
A.
Intent. A bed-and-breakfast shall provide temporary travelers' accommodations and meals for guests in a single-family residence for a fee, on a daily or weekly room rental basis.
B.
Standards.
(1)
Minimal outward modification of the structure or grounds may be made only if such changes are compatible with the character of the area or neighborhood and the intent of the zoning district in which it is located.
(2)
Off-street parking shall be provided in accord with Article XVII. The front yard shall not be for off-street parking for temporary guests unless the parking area is screened, not visible from the street, and found to be compatible with the neighborhood.
(3)
All necessary state and municipal permits, certifications, or requirements shall be obtained as a condition of approval of the bed-and-breakfast.
(4)
Room rentals to families or individuals shall not exceed 14 consecutive days.
(5)
Compliance with the sign regulations of Article XIII shall be maintained.
§ 300-69 Body piercing and tattoo parlor.
A.
Facilities limited to ear piercing shall not be considered with this use.
B.
The applicant shall furnish a written summary of the procedures to be employed for this use which shall be preapproved by a Borough health officer or other health-care professional designated by the Borough.
C.
No materials, displays, or advertisements for this use shall be visible from any window, door, or exterior of the building except for a wall-mounted sign located on the premises which shall not exceed 20 square feet in size.
D.
Adult entertainment uses shall not be combined with this use.
§ 300-70 Communications towers.
See Article XIV.
§ 300-71 Criminal housing facility.
A.
The applicant shall provide a written description of all types of residents the use is intended to include over the life of the permit. Any future additions or modifications to this list shall require approval of Borough Council as a conditional use.
B.
The applicant shall prove to the satisfaction of Borough Council, with the burden of proof being upon the applicant, that the use will involve adequate supervision and security measures to protect public safety.
C.
The facility shall contain identified areas of the following type: dining area, kitchen area, meeting room area, recreational area, visiting area, staff office space, separate secured rest rooms for staff and visitors and laundry area.
D.
The lot area in square feet must provide for a minimum of 1,000 square feet per resident/with a maximum occupancy of 16 residents.
E.
Borough Council may place conditions on the use as necessary to protect the safety of the community, staff and residents, including conditions on the types of residents and security measures.
§ 300-72 Day-care center.
A facility which provides daytime care or instruction for seven or more children at any one time unrelated to the operator on a regular basis, including nursery schools and preschools. A day-care center shall comply with the following provisions:
A.
A day-care center shall be located in an area that is free from conditions dangerous to the physical and moral welfare of the children.
B.
At least 100 square feet per child of well-drained, completely fenced outside play area, not including drives, parking areas or land otherwise unsuitable, shall be provided.
C.
At least 40 square feet per child of soundly constructed inside play area, not including bathroom, hallways, and other areas unsuited for play shall be provided.
D.
The applicant shall provide such certification or documentation as necessary to show that the plans for the proposed day-care center meet, where applicable, the licensing requirements of the Commonwealth of Pennsylvania Department of Public Welfare, Education, and Environmental Protection.
E.
A building floor plan shall be provided, drawn to scale, and showing the use and dimensions of each room and the location of entrances and exits.
F.
A site plan shall also be provided, drawn to scale, and clearly showing the following:
(1)
The dimensions and acreage of the site and its relationship to surrounding properties.
(2)
The layout of the entire project, including the proposed use and location of all buildings.
(3)
The location and dimensions of present and proposed streets and private drives, and pedestrian facilities.
(4)
The location of points of entry and exit for motor vehicles and the internal vehicular circulation pattern.
(5)
The location and layout of all off-street parking and loading spaces, including the number of spaces shown and required for each use.
(6)
The location of existing and proposed plantings and screening, including the type and size of each plant to be installed.
(7)
The location of existing and proposed utility lines, watercourses and drainage lines and easements.
(8)
Title, North arrow, scale, names of owners, name of individual who prepared the plan, and its date of preparation.
§ 300-73 Family-based group home.
A.
The family-based group home shall be limited to residential uses only. Offices of public agencies, services to nonresidents (e.g., counseling services), and other similar nonresidential activities shall be excluded from this use.
B.
No family-based group home shall be established within 500 feet of another family-based group home or a group care facility.
C.
The family-based group home shall be similar in appearance to a single-family dwelling in the neighborhood.
D.
The family-based group home zoning approval shall be transferable from the original applicant to a new operator, provided there is no change in the size, clientele or agency affiliation. In the case of changes, the zoning approval shall not be transferable.
E.
The family-based group home zoning approval shall be revoked if the group home fails to meet approved conditions at all times.
F.
Off-street parking spaces shall be provided for all vehicles associated with the family-based group home, including the householder, residents, attendant caregivers, and visitors (see Article XVII).
§ 300-74 Funeral home.
Off-street automobile parking and assembly area shall be provided for vehicles to be used in a funeral procession. This area shall be in addition to the off-street parking spaces required for this use as stipulated in Article XVII.
§ 300-75 Group homes.
The dimensional, parking and other applicable requirements of this Zoning Code for the district in which a group home is located shall not be reduced and further:
A.
See definition in § 300-13. A group home shall not include a use meeting the definition of a "treatment center."
B.
Offices for the staff of any agency or organization operating the group home shall not be permitted in the home.
C.
A group home shall meet all dimensional and other applicable provisions of this Zoning Code for the type of dwelling unit involved, and the minimum floor area requirements of the Uniform Construction Code, unless a stricter requirement is established by another ordinance provision.
D.
Supervision. There shall be adequate supervision as needed by an adequate number of person(s) trained in the field for which the group home is intended.
E.
Certification. A group home housing four or more unrelated persons shall: be licensed or certified under a state, county or federal human service program, as applicable; and be directly affiliated with an incorporated organization or corporation. A copy of the license or certification shall be provided to the Zoning Officer.
F.
Registration. A group home shall register its operator, location, general type of treatment/care, maximum number of residents and any sponsoring agency with the Zoning Officer. Such information shall be available for public review upon request. Notice of any changes in such matters or any suspension, expiration or change in certification or licensing shall be provided in writing to the Zoning Officer within seven days.
G.
Counseling and training. Any medical or counseling services provided on the lot shall be limited to residents and a maximum of three nonresidents per day. A maximum of five staff persons shall be present for training on-site at one time.
H.
Parking. One off-street parking space shall be provided for each resident, with the understanding that these spaces will also be necessary to accommodate visitors, employees and the like.
I.
Appearance. If the group home is within a Residential District, the building shall be maintained and/or constructed to ensure that it is closely similar in appearance, condition and character to other residential structures in the area. No exterior signs shall identify the type of use.
J.
The facility shall not involve the housing or treatment of persons who could reasonably be considered a threat to the physical safety of others.
K.
An existing dwelling in a Residential District shall not be converted into a group home housing five or more unrelated persons, in addition to any bona fide paid staff.
§ 300-76 Home occupations (including family day-care home).
A home occupation is conducted within a residence and does not change the essential residential character of the building. Such uses include arts and craft shops, studios, dressmaking, music lessons, tutoring, barber or beauty shops, business or professional offices, family day care, and other similar uses. In any district, any lawful, gainful occupation conducted by a member of the immediate family owning and residing on the premises may use a portion of the dwelling for a home occupation, provided that the following conditions are met and a permit is issued by the Zoning Officer:
A.
The home occupation shall be clearly incidental or secondary to the use of the property as a residence and the use of the dwelling shall not change the character thereof or show any exterior evidence of such secondary use other than one sign or name plate not exceeding four square feet (see address sign, § 300-95B).
B.
Home occupations shall be limited to the employment of not more than one full-time equivalent assistant outside of the immediate family at any one time.
C.
The home occupation shall be conducted wholly within the dwelling and shall not occupy more than 40% of the area of the first floor of the dwelling, nor more than 1,000 square feet. The floor area standards shall not apply to family day-care homes.
D.
All parking shall be off-street. A minimum of two off-street spaces shall be provided in addition to that required of the residential use.
E.
The sale of goods shall be secondary to the occupation or service provided.
F.
Any home occupation which creates objectionable noise, fumes, odor, dust, electrical interference, or excessive traffic shall be prohibited.
§ 300-77 Junkyard or salvage yard.
Junkyards may be permitted only in those zoning districts as provided for in the district regulations of this chapter and shall comply with the criteria outlined below:
A.
Such uses shall be conducted within a building or entirely enclosed within a fence or wall not less than eight feet in height and made of suitable permanent material. In addition, a buffer yard and/or landscaping as set forth in § 300-59 of this chapter may be required. No part of any buffer yard may be used for the storage of any materials or parts associated with the operation.
B.
Such premises shall at all times be maintained so as not to constitute a nuisance or a risk to the health of the community or of residents nearby or a place for the breeding of rodents and vermin.
C.
No garbage or other organic waste shall be stored in such premises.
D.
All junk shall be stored or arranged so as to permit access by firefighting equipment and to prevent the accumulation of water. No junk shall be piled higher than two feet below the height of the fence or wall which encloses the facility, and shall not exceed a maximum height of eight feet.
E.
No oil, grease, tires, gasoline or other similar material shall be burned at any time, and all other burning shall be controlled at all times. Compliance with Borough Code Chapter 126, Burning, Open, shall be maintained at all times.
F.
No junk material, appurtenant structure, related activity or other enclosure shall be stored, placed, located or conducted within 50 feet of any adjoining property line, public street right-of-way, body of water, stream or wetland. No weeds or scrub growth over eight inches in height shall be permitted to grow within this setback area. Where determined appropriate by the Borough, the applicant may be required to prepare and submit a soil erosion and sedimentation control plan and NPDES permit for his facility.
§ 300-78 Kennels.
See animal hospital and kennels (§ 300-76).
§ 300-79 Manufacturing, warehousing, laboratory, and printing uses.
A.
These uses shall abut or provide direct access to a highway which is capable of accommodating heavy trucks and industrial employee and related traffic.
B.
At least 75% of all operations shall occur within an enclosed structure excepting necessary and required off-street parking and loading facilities. All such uses which may occur outside of an enclosed structure, except off-street parking and loading facilities, shall be enclosed in a permanent fence or wall at least six feet in height. Such a fence shall not interfere with traffic safety or intersection visibility.
C.
Manufacturing uses generating noises, vibration, radioactivity, toxic or noxious materials, glare, heat, dust, fly ash, smoke or odors shall address such problems in building construction, screening for sound absorption, larger critical dimensions, or other methods as may be required by the municipality.
§ 300-80 Multiple-family and townhouse dwellings.
A.
All dwelling structures shall be designed in accord with Chapter 266, Subdivision and Land Development.
B.
Driveway access to units from public roadways shall be via an approved driveway or common parking area. New streets or access drives shall be designed and constructed in accord with the Borough's approved standards.
C.
Off-street parking shall be provided in accord with Article XVII.
D.
A grading and landscaping plan shall be provided for the development.
E.
Arrangements for the collection, storage and disposal of solid wastes generated by the proposed development shall be made by the developer and submitted to the Borough for approval.
F.
Adequate sewer and water facilities must be provided by the developer. Documentation shall be provided to indicate that the necessary connections can be made to existing municipal sewer and water facilities.
G.
The developer shall submit a plan of the arrangements being proposed for ultimate ownership of and maintenance responsibilities for any common open space/land area associated with the development (including access drives and driveways).
§ 300-81 Multiple-family housing development, retirement housing complex, or townhouse development.
A.
An outdoor lighting design shall be required in accord with Article XVIII to provide for the safe movement of pedestrians and vehicles and to insure that lighting does not create excess lighting or glare onto neighboring property.
B.
A minimum of 10% of the gross area of the development shall be reserved by the developer as common opens space for the use of all residents of the development. Such open space may include areas of land and water but shall exclude all roads, parking areas, structures or service lanes. This area shall be readily accessible to all units.
C.
Applicants shall submit a proposal regarding the ultimate ownership and maintenance responsibilities for such common open space to the Borough for review and approval as part of the application for such use. Copies of all approved arrangements shall be included in each deed or lease for a unit in the development.
D.
Building arrangement. Adequate provision must be made for light, air, access and privacy in the arrangement of the buildings to each other. Each dwelling unit shall have a minimum of two exterior exposures.
§ 300-82 No-impact home-based business.
The business or commercial activity must satisfy the following requirements:
A.
The business activity shall be compatible with the residential use of the property and surrounding residential uses.
B.
The business shall employ no employees other than family members residing within the dwelling.
C.
There shall be no display or sale of retail goods and no stockpiling or inventory.
D.
There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.
E.
The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.
F.
The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.
G.
The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.
H.
The business may not involve any illegal activity.
§ 300-83 Treatment center.
A.
The applicant shall provide a written description of all types of treatments that are intended to be implemented over the life of the permit. Any future additions or modifications to this list shall require approval of Borough Council as a conditional use.
B.
The applicant shall prove to the satisfaction of Borough Council, with the burden of proof being upon the applicant, that the use will involve adequate supervision and security measures to protect public safety.
C.
Borough Council may place conditions on the use as necessary to protect the safety of the community, staff and residents, including conditions on the types of residents and security measures. The facility shall contain identified areas of the following type: dining area, kitchen area, meeting room area, recreational area, visiting area, staff office space and laundry area.
D.
The lot area in square feet must provide for a minimum of 1,000 square feet per resident/with a maximum occupancy of 16 residents.
E.
Any expansion of such treatment center or any relocation from one building to another building shall need conditional use approval.
§ 300-83.1 Medical marijuana dispensaries and grower/processor plants.
[Added 6-12-2017 by Ord. No. 2017-04]
A.
The applicant shall provide a written description of the type of activity to occur on the property during the life of the permit. Any further change in use will require prior Borough approval.
B.
The applicant shall provide a copy of all state-required permits before the use may commence.
C.
Specifically for a dispensary (as described by statute, as amended) said activity may not be located within 1,000 feet of the property line of a public, private or parochial school or a day-care center.
D.
The applicant shall provide the name and twenty-four-hour emergency contact number for the individual/entity who is in charge of the dispensary or grower/processor.
